A CANCER ON THE REPUBLIC: THE ASSAULT UPON IMPARTIALITY OF STATE COURTS AND THE CHALLENGE TO JUDICIAL SELECTION

Authors

Donald L. Burnett, University of Idaho College of Law

Keywords

Judges, Judicial Appointment, Judicial Selection, Commissions, Principles, independence, accountability, representativeness, legitimacy, transparency

Abstract

This Article examines judicial impartiality in the context of the state courts. Section I endeavors to show how impartial state courts are essential to fulfilling the constitutional guarantees of a republican form of government and of due process and equal protection of the law. Section II describes the current assault upon the impartiality of state courts, and Section III suggests several ways in which this cancer on the republic can be slowed or reversed—by specific actions within, or related to, the judicial selection process.

Recommended Citation

Donald L. Burnett, A CANCER ON THE REPUBLIC: THE ASSAULT UPON IMPARTIALITY OF STATE COURTS AND THE CHALLENGE TO JUDICIAL SELECTION, 34 Fordham Urb. L.J. 265 (2007).
Available at: https://ir.lawnet.fordham.edu/ulj/vol34/iss1/21