Applying a Rational Approach to Judicial Independence and Accountability on Contemporary Issues

This article begins with a review of the purposes of judicial independence and judicial responsibility. It demonstrates that judicial independence is not adversely imparted and judicial responsibility is improved by public judicial evaluation, distribution, judicial performance data and acceptance of critical comment on decisions. The article explores the primary criticisms of judicial elections and concludes that these criticisms can be best met, not by abolishing judicial elections but by providing better data on judicial performance, encouraging candidates to disclose their general positions on major issues and requiring recusal of judges financially involved with parties on accepting election contributions from parties or their lawyers.