The Solution

Solution: Performance Evaluation and Retention Elections

There is a better system for deciding which judges should remain in office – a system that preserves the right of the public to decide, while encouraging campaigns that focus on the qualifications and performance of our judges.

That system is called retention elections, currently used in 20 states, during which voters make a simple decision to keep or remove a judge. One vote, focused on that judge’s performance in office, rather that partisan interests.

A 30-member citizen commission, chaired by former Governor Al Quie, has recommended a retention election proposal for the Minnesota Legislature to vote on in 2008.

Key Elements of the Retention Election Proposal

• Merit Nomination of all judges by merit selection committees that recommend qualified candidates for judicial vacancies.
• Gubernatorial Appointment of judges from the list recommended by the merit selection committee.
• Performance Evaluation of judges by a commission including both legal experts and ordinary citizens.
• Public Release of the results of the performance evaluation commission, so citizens can use the information as they vote.
• Retention Elections, so voters make the decision whether a judge should be retained or removed from office. If a judge is removed by the voters, the merit selection committee will recommend a new list of candidates to fill the vacancy.

No system can completely eliminate politics from the process of selecting judges. But a system based on merit selection, performance evaluation and retention elections is the best way to focus our judicial selection on the qualifications and performance of judges.

The Time to Act Is Now

Minnesotans can act today to prevent the politicization of judicial elections. The Legislature is currently evaluating proposals to reform Minnesota’s judicial election system. You can help by contacting your legislators today and asking them to support a constitutional amendment to protect the impartiality and fairness of Minnesota judges, while keeping judges accountable to voters.

Minnesotans for Impartial Courts is a 501(c)(4) nonprofit organization that includes citizens from all walks of life and political persuasions. We want to keep Minnesota’s courts independent and accountable by limiting the influence of special interests, partisan issues and campaign contributions in judicial races.

Merit selection of judges who are appointed based on their qualifications.

Performance evaluation to improve the information the public has about current judges.

Retention elections so voters decide whether judges should remain in office.