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Law professor warns partisan judicial elections likely increase partisan decision‑making; sponsor says voters deserve party labels
Summary
State Representative Robin Lundstrom presented SJR 13 to allow judges to run with party labels. Law professor Josh Silverstein testified against it, citing research that partisan judicial elections increase partisan voting by judges and risks to the rule of law. No vote was taken.
State Representative Robin Lundstrom introduced Senate Joint Resolution 13, which would permit judicial candidates to run with partisan labels, including Republican, Democrat or independent, and allow voters to know candidates’ party affiliations.
The sponsor said restoring partisan judicial contests merely returns to the state’s historical practice and “pull[s] back the robe” so voters know “exactly what they’re getting.”
Josh Silverstein, a law professor who said he was testifying in his individual capacity, urged the committee to reject the change. “The bulk of the empirical research ... indicates that judges elected in partisan elections are more likely to vote in a partisan way,” Silverstein told the committee. He cited studies finding a link between campaign contributions and judicial decisions in partisan-election systems and said nonpartisan or appointment systems tend to reduce partisan influence on judicial decision‑making.
Committee members questioned Silverstein and Lundstrom on tradeoffs between voter information and judicial impartiality. Silverstein said partisan elections may make a judge’s philosophy easier to predict but warned that “when judges are elected in partisan elections, they’re more likely to vote consistent with their political party.” Representative Lundstrom said the proposal leaves room for candidates to run as independents.
No committee vote was taken on SJR 13 during the hearing; the item was presented for consideration and discussion only.
