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IMO the primary problem is with retention elections - if a serving judge must face the electorate to remain in his position, then he is encouraged to make populist decisions in court, rather than decisions in the interest of justice/public policy.

Judicial elections in general also bring in unwelcome outside influences to the process (monetary campaign backing, campaigning along party lines despite the fact judges are supposed to be politically independent) and the best judges may not be the best politicians/campaigners.




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