From the Brennan Center:
A new Brennan Center study examines the unique system of commission reappointment used to retain judges in Hawaii and concludes that it has some promising aspects. In a blog post, study author Cody Cutting explains Hawaii is the only state that “delegates the retention decision to an appointed nonpartisan Judicial Selection Commission.” This is done “in an effort to insulate sitting judges from reselection pressures,” which research shows can influence judges’ decision-making.
Cutting highlights the features of the selection system that shield judges from reselection pressures. Using a commission for reappointment “diffuse[es] reselection power among the members of a deliberative, nonpartisan body,” which “promotes a system in which judges are evaluated on their entire record, and not punished for a politically unpopular decision.” Furthermore, Hawaii “spreads out the power to appoint commission members,” and uses “single, staggered, six-year terms,” both of which help foster independence and maintain consistency. He writes that while the “Hawaii commission…solicits a wide range of evaluative information and perspectives,” it “does not offer the public much insight into its processes,” which can hurt public confidence.
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