: Merit Selection in LA's Judicial Process :
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Merit Selection

LOJE supports a reform of judicial selection of judges that will result in a judiciary comprised of the most competent and impartial men and women.  Louisiana’s present constitutional system of partisan elections has failed us in many ways:

  • Facilitating the corruption of judges’ impartiality by allowing people and corporations to make campaign contributions to the judges hearing their cases;
  • Allowing lawyers who have made contributions to judge’s campaigns to represent clients before those judges against other lawyers and citizens who have not;
  • Not requiring judges to recuse themselves when they have received cash contributions from one side or their lawyer which causes the judges' impartiality to be  undermined.;
  • Excluding qualified judicial candidates who cannot raise hundreds of thousands or even millions of dollars to compete in partisan elections;
  • Under-representing women who make up over 50% of our population with only 23% of the judges being women and African Americans who make up 32% of our population with only 18% of the judges being African American.

Louisiana’s judicial system was ranked 48th in a 2007 survey for the Institute for Legal Reform. The US Chamber of Commerce ranked Louisiana 49th in judge’s impartiality, 49th in judge’s competence and 48th in overall ranking. Clearly, Louisiana’s judicial system is not providing impartial and effective justice for Louisiana citizens.

LOJE strongly advocates Merit Selection of judges.  Some 32 states out of 50 have adopted some form of merit selection to a greater or lesser extent.  No two systems are exactly alike.  LOJE favors Merit Selection plans that incorporate at their core four essential components:

  • Recruitment of qualified candidates for judge by non-partisan, independent  Nominating Commissions who nominate qualified candidates to the Governor in a transparent, public process.
  • Minimization of political and special interest influence while maximizing impartiality and competence .
  • Appointment by the Governor and open, public confirmation by the Louisiana Senate, a system similar to the one established by America’s founding fathers in 1787;
  • Retention elections after an initial period in office and at the end of successive terms which vests in the people the ultimate right to reject judges whose judicial conduct fails the test of popular approval.

No system is perfect or fool-proof but the present state of the judicial system in Louisiana as seen from within and outside the State is unacceptable. States judicial selection systems primarily based on merit selection are ranked highest for judicial competence and impartiality.  It is time for our judiciary to move from the bottom to the top of the list.