Bernstein wants to take judges off the ballot:
It's not remotely realistic to expect that voters make careful decisions about judges. Not really because of the technical expertise needed to do so, but because of the numbers game. Voters don't sit down and carefully consider the case for and against handfuls of state judges, on top of federal, state, and local legislative and executive branch candidates, not to mention in many places both state and local ballot measures. Instead, voters use shortcuts, with the big one being party affiliation. O'Connor's preference is for a yes/no vote on incumbent judges (something already used in some states), but in reality voters have no idea who their states' judges are, much less whether they're doing a good job or not. What this translates into is incumbent judges who are safe unless they annoy a well-funded interest group, a coalition of groups, or a political party. Is that really what we want? Judges who know that their jobs are safe as long as they don't rattle any cages -- at least not any cages that can do full-scale opposition research and produce TV ads?
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