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Statement RE: Report of the New York Commission to Promote Public Trust and Confidence in Judicial Elections

By Dennis W. Archer, President American Bar Association

July 2, 2004 – New York has taken an important step to bolster and maintain the public’s confidence in the integrity and fairness of its courts, with dissemination of the report of the New York Commission to Promote Public Trust and Confidence in Judicial Elections, chaired by Dean John Feerick and convened by New York’s Chief Judge, Judith S. Kaye.

The recommendations in this excellent report set an agenda for important public debate about judicial selection in New York.   The Commission calls for the establishment of independent judicial election qualification commissions, the use of non-competitive, nonpartisan retention elections for incumbent judges, the implementation of a pilot program for public financing of judicial elections, improved campaign finance disclosure, and dissemination of voter guides on judicial candidates.  These recommendations are needed to address skyrocketing judicial campaign costs, escalating partisanship in elections, and diminishing voter participation.

The ABA saw evidence of problems like these nationwide, in hearings that lead to our policies urging states to act as New York is doing to maintain independent courts that uphold the rule of law and protect our rights and liberties.