State Judges on the Hot Seat

Judicial elections in the United States, particularly in state supreme courts, are becoming increasingly competitive and costly. Traditionally viewed as dull races, recent developments are drawing significant attention, especially in states like Washington. With a growing awareness of the influence of courts on policy and governance, these elections are now seen as battlegrounds for control over important legal and social issues.

1. Rise of Competitive Judicial Races:

Washington State has five of its nine supreme court seats contested in November, driven by public dissatisfaction with the court's performance and recent controversies, such as a challenge to a new income tax.

Judicial races in various states have transformed into prominent events after significant rulings and issues, especially following the U.S. Supreme Court's Dobbs decision on abortion.

2. Dissatisfaction with Courts:

Polls indicate a decline in public approval for judicial branches, exemplified by Washington’s court where only 41% of voters approve its performance.

As courts navigate contentious cultural and governance issues, voter interest and spending in these elections are increasing.

3. Impact of Political Control Shifts:

Historically, Democratic judges dominated state supreme courts, but recent Republican gains in governorships and legislatures have led to a Republican majority among justices.

The changing political landscape is influencing court compositions and decisions, causing a divide between states regarding various policies.

4. Rising Campaign Costs:

Judicial elections are becoming increasingly expensive, with record spending in states like Wisconsin, where recent races have seen costs exceed $100 million.

High financial stakes are attracting outside groups, leading to heightened voter engagement and turnout in these elections.

5. Recent Examples of Judicial Impact:

The Democrat-led Wisconsin Supreme Court has become a platform for challenging conservative laws like Act 10, which limited union powers.

In North Carolina, a shift in court majority has influenced the interpretation of voter ID laws.

6. Judicial Elections and Voter Turnout:

Historically low turnout in judicial races leads to "undervotes" where voters skip judicial candidates, often benefiting incumbents.

Increased scrutiny from voters points to the electorate's growing awareness of the significance of court compositions.

7. Debate Over Election Methods:

The debate continues over partisan versus nonpartisan judicial elections. Some states are shifting towards more partisan processes, while others want to maintain a nonpartisan approach.

The efficacy of these systems is questioned, as some assert that nonpartisan elections lead to a lack of accountability while partisan elections provide clearer ideological cues.

8. Retention Battles and Changes in Dynamics:

Judicial retention elections are becoming contentious, with previous justices facing challenging campaigns reflecting the growing politicization of courts.

For instance, justices in Oklahoma have faced challenges based on perceived liberal leanings, resulting in efforts to change court compositions.

9. Emerging Judicial Trends:

With low awareness and understanding of judicial candidates, movements are emerging aimed at increasing voter education to engage those who typically skip these races.

Some advocate for reforming how judges are selected to better align with voter preferences and reduce the perceived influence of political machinations.

The landscape of judicial elections in the United States is evolving rapidly as political dynamics shift and public interest increases. With significant financial investments and heightened competition, these races are pivotal in shaping state policies and the judicial landscape. As states navigate the complexities of judicial appointments and elections, the discourse around partisanship, accountability, and public participation continues to unfold, illustrating the lasting impact of judicial decisions on governance and citizens' rights. The outcome of upcoming elections could signal further changes in how justice is administered across the nation. 

https://www.city-journal.org/article/state-judges-elections-courts