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Chris W. Bonneau - In Defense of Judicial Elections

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Chris W. Bonneau In Defense of Judicial Elections

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One of the most contentious issues in politics today is the propriety of electing judges. Ought judges be independent of democratic processes in obtaining and retaining their seats, or should they be subject to the approval of the electorate and the processes that accompany popular control? While this debate is interesting and often quite heated, it usually occurs without reference to empirical facts--or at least accurate ones. Also, empirical scholars to date have refused to take a position on the normative issues surrounding the practice.Bonneau and Hall offer a fresh new approach. Using almost two decades of data on state supreme court elections, Bonneau and Hall argue that opponents of judicial elections have madeand continue to makeerroneous empirical claims. They show that judicial elections are efficacious mechanisms that enhance the quality of democracy and create an inextricable link between citizens and the judiciary. In so doing, they pioneer the use of empirical data to shed light on these normative questions and offer a coherent defense of judicial elections. This provocative book is essential reading for anyone interested in the politics of judicial selection, law and politics, or the electoral process.

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In Defense of Judicial Elections
One of the most contentious issues in politics today is the propriety of electing judges. Should judges be independent of democratic processes in obtaining and retaining their seats, or should they be subject to the approval of the electorate and the processes that accompany popular control? While this debate is interesting and often quite heated, it usually occurs without reference to empirical factsor at least accurate ones. Also, empirical scholars to date have refused to take a position on the normative issues surrounding the practice.
Bonneau and Hall offer a fresh new approach. Using almost two decades of data on state supreme court elections, Bonneau and Hall argue that opponents of judicial elections have madeand continue to makeerroneous empirical claims. The authors show that judicial elections are efficacious mechanisms that enhance the quality of democracy and create an inextricable link between citizens and the judiciary. In doing so, they pioneer the use of empirical data to shed light on these normative questions and offer a coherent defense of judicial elections. This provocative book is essential reading for anyone interested in the politics of judicial selection, law and politics, or the electoral process.

Chris W. Bonneau is Associate Professor of Political Science at the University of Pittsburgh.

Melinda Gann Hall is Distinguished Professor of Political Science at Michigan State University.
Controversies in Electoral Democracy and Representation
Matthew J. Streb, Series Editor
The Routledge series Controversies in Electoral Democracy and Representation presents cutting-edge scholarship and innovative thinking on a broad range of issues relating to democratic practice and theory. An electoral democracy, to be effective, must show a strong relationship between representation and a fair open election process. Designed to foster debate and challenge assumptions about how elections and democratic representation should work, titles in the series will present a strong but fair argument on topics related to elections, voting behavior, party and media involvement, representation, and democratic theory.

  • Titles in the series:
  • Rethinking American Electoral Democracy
  • Matthew J. Streb
  • Redistricting and Representation: Why competitive elections are bad for America
  • Thomas L. Brunell
  • Fault Lines: Why the Republicans lost Congress
  • Edited by Jeffery J. Mondak and Dona-Gene Mitchell
  • In Defense of Judicial Elections
  • Chris W. Bonneau and Melinda Gann Hall
  • Forthcoming:
  • Can Presidential Primaries Be Reformed?
  • Barbara Norrander
In Defense of Judicial Elections

Chris W. Bonneau
University of Pittsburgh
Melinda Gann Hall
Michigan State University

First published 2009 by Routledge 270 Madison Ave New York NY 10016 - photo 1
First published 2009
by Routledge
270 Madison Ave, New York, NY 10016
Simultaneously published in the UK
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Routledge is an imprint of the Taylor & Francis Group, an informa business
This edition published in the Taylor & Francis e-Library, 2009.
To purchase your own copy of this or any of Taylor & Francis or Routledges collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.
2009 Taylor & Francis
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Trademark Notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
Library of Congress Cataloging in Publication Data
Bonneau, Chris W.
In defense of judicial elections/Chris W. Bonneau, Melinda Gann Hall.
p. cm.(Controversies in electoral democracy and representation)
Includes bibliographical references and index.
KF8776.B66 2009
347.7314dc22
2009012360
ISBN 0-203-87699-7 Master e-book ISBN
ISBN10: 0-415-99132-3 (hbk)
ISBN10: 0-415-99133-1 (pbk)
ISBN10: 0-203-87699-7 (ebk)
ISBN13: 978-0-415-99132-2 (hbk)
ISBN13: 978-0-415-99133-9 (pbk)
ISBN13: 978-0-203-87699-2 (ebk)
To Heather Rice my person.
Chris W. Bonneau

To Tony Duce the love of my life.
Melinda Gann Hall
Figures
Average Ballot Roll-Off in State Supreme Court Elections
Total Spending and Ballot Roll-Off
Total Spending per Capita and Ballot Roll-Off
Total Average Spending by Year in 1990 Dollars, Contested General Elections, 19902004
State Supreme Court Incumbents Challenged for Reelection
Average Vote for Incumbents in State Supreme Court Elections
Defeat Rates in State Supreme Court Elections
Tables
Selection Systems for State Supreme Courts, 2007
State Supreme Court Election Features, 2007
Average Roll-Off (in Percentages) in State Supreme Court Elections, 19902004
Average Ballot Roll-Off (in Percentages) in State Supreme Court Elections, 19902004, by Type of Election System
Average Spending (in 1990 Dollars) in State Supreme Court Elections, 19902004, by Year
Average Spending (in 1990 Dollars) in State Supreme Court Elections, 19902004, by State
Variable Descriptions for a Model of Challengers in State Supreme Court Elections
Variable Descriptions for a Model of Ballot Roll-Off in State Supreme Court Elections
Ballot Roll-Off in State Supreme Court Elections, 19902004 (using Total Spending)
Ballot Roll-Off in State Supreme Court Elections, 19902004 (using Per Capita Spending)
Average Total Spending (in 1990 Dollars) in State Supreme Court Elections, 19902004, by Election Type
Variable Descriptions for a Model of Challengers in State Supreme Court Elections
Variable Descriptions for a Model of Campaign Spending in State Supreme Court Elections
Campaign Spending in State Supreme Court Elections, 19902004
Average Spending (in 1990 Dollars) in State Supreme Court Elections, 19902004, by Incumbency Status
State Supreme Court Incumbents Challenged for Reelection, 19902004, by Type of Election System
Average Vote (in Percentages) for Incumbents in State Supreme Court Elections, 19902004, by Type of Election System
State Supreme Court Incumbents Defeated, 19902004, by Type of Election System
Reelection Rates for Incumbents, 19902004
Competition in State Supreme Court Elections, 19902004, by State (IncumbentChallenger Races Only)
Variable Descriptions for a Model of Challengers in State Supreme Court Elections
Variable Descriptions for a Model of Incumbent Vote Shares in State Supreme Court Elections
Competition, Challengers, and Spending in State Supreme Court Elections
Competition, Type of Challenger, and Spending in State Supreme Court Elections
Candidates for the North Carolina Supreme Court, 20002006
Average Votes Cast and Ballot Roll-Off in North Carolina State Supreme Court Races, General Elections 20002006
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