Merit Selection of Judges and Justices
Position in Brief
 The League of Women Voters supports the merit selection of judges through a process which is as free of political influence as possible, encourages a fair representation of gender and Hawaii’s diversity of ethnic cultures, and discourages the domination of judges of one extreme ideology or another.
Position
While our federal and state constitutions guarantees certain rights to all those accused of criminal wrongdoing, or who appear before civil courts to settle some dispute, these rights can only be recognized and preserved by a justice system which is impartial and fair, free of political influence or pressure and intimidation by outside groups.
The League believes that the merit selection of judges is the best system to achieve that end. Such a system should:
- Include an independent, nonpartisan commission which does the initial screening of applicants for a judgeship with
- commissioners appointed by more than one or two appointing
authorities to ensure diversity of experiences and viewpoints,
- terms long enough for commissioners to acquire the
knowledge and develop those skills necessary to meet their
responsibilities
yet not too long for cronyism to set in,
- staggered terms to preserve the institutional memory necessary
for the application of lessons learned and for the experienced members
to help in the orientation of the newer commissioners,
- the release of names of nominees for appointment by the appointing
authority at the same time that the names are sent to the appointing
authority, in order to incorporate transparency into the system,
- Provide clear criteria for the evaluation of candidates, and
- Include accountability built into the system through:
- access to appellate review of judgements on cases by plaintives and
defendants,
- periodic performance reviews of judges and justices by an independent body,
- careful reviews of performance records and solicitations of public comments prior to decisions on retention for additional terms by the
body charged with the responsibility, and
- the establishment of a judicial conduct committee or commission to investigate charges of misconduct in office, unethical behavior, and willful neglect of the responsibilities of office.
Adopted November 15, 2003
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