State Courts

State Judicial Selection: Reforms to Promote a Fair and Independent Judiciary

by Alicia Bannon

Spring 2019 | Volume 103 Number 1

Less than a generation ago, state supreme court elections were subdued affairs. Candidates — to the extent they actively campaigned at all — primarily discussed their qualifications and backgrounds. Political Continue Reading »

States Continue to Experiment with Partisan Judicial Elections

by William Raftery

Spring 2019 | Volume 103 Number 1

2019 marks the fourth consecutive year of unusually high interest among the states in shifting from partisan to nonpartisan, or from nonpartisan to partisan, judicial elections. It began in 2015, Continue Reading »

The Disappearing Probate Court

by William Raftery

Summer 2019 | Volume 103 Number 2

In 1967, Maine voters amended the state constitution to authorize the elimination of the state’s county-controlled, county-operated, county-funded Probate Courts.[1] In 2019, the Maine legislature debated a “concept draft” enabling Continue Reading »

51 Imperfect Solutions: State and Federal Judges Consider the Role of State Constitutions

by David F. Levi, Allison Eid, Joan Larsen and Goodwin Liu

Spring 2019 | Volume 103 Number 1

Judge Jeffrey Sutton is one of our most respected and admired federal appellate judges. He has served on the Sixth Circuit, with chambers in Columbus, Ohio, since his appointment to Continue Reading »

Assessing Risk: The Use of Risk Assessment in Sentencing

by Brandon Garrett and John Monahan

Summer 2019 | Volume 103 Number 2

Judges are using risk assessment instruments in criminal cases more than ever before. Their role is increasingly prominent at all stages of the criminal justice system, including policing, pretrial detention, Continue Reading »

Conversations of a Lifetime: The Power of the Sentencing Colloquy and How to Make It Matter

by Robin L. Rosenberg

Summer 2019 | Volume 103 Number 2

In recent years, there has been increased attention on sentencing, and particularly sentencing disparities. The thrust and focus of this attention have been on the statistics of sentencing and reforms, Continue Reading »

51 Imperfect Solutions

Taking “Beyond a Reasonable Doubt” Seriously

by Jon O. Newman

Summer 2019 | Volume 103 Number 2

Editor’s note: This article was written by Judge Jon O. Newman during his tenure as the Bolch Judicial Institute’s inaugural Distinguished Judge in Residence. The Institute’s Distinguished Judge in Residence Continue Reading »

Does Merit Selection Work?

by Gbemende E. Johnson

Summer 2019 | Volume 103 Number 2

As states such as Iowa and Pennsylvania debate their judicial selection systems, whether merit selection works is the key question that motivates Greg Goelzhauser’s innovative and timely inquiry in Judicial Continue Reading »

melted ice cream

Clerking to Excess? The Case Against Second (and Third and Fourth) Clerkships

by Gregg Costa

Fall/Winter 2018 | Volume 102 Number 3

There can be too much of a good thing. We know that’s true for food and drink, but we haven’t yet realized it’s also true for judicial clerkships. There has Continue Reading »

eyeglasses

Ghosting: The Courts’ Views on Ghostwriting Ethics Are Wildly Divergent. It’s Time to Find Uniformity and Enhance Access to Justice

by Jona Goldschmidt

Fall/Winter 2018 | Volume 102 Number 3

Since the mid-1990s, advocates for increased access to justice have touted unbundled (or limited-scope, or discrete-task) legal services as a means of distributing legal services to those unable to afford Continue Reading »