Michigan: The Best Courts Money Can Buy – Supreme Court Elections: Expensive and Partisan | NYTimes.com
Republicans often rail against “unelected judges” who issue decisions they don’t like. That sneering phrase, often used in complement with “judicial activism,” is meant to conjure the image of elitist liberals eager to meddle with legislation. The putdown also implies that judges lack legitimacy if they ascend to the bench without voter input. By that logic, judicial elections are preferable to merit selection—which is exactly backwards. Elections are the worst way to select judges. The process leaves judges beholden to party bosses, wealthy donors, and the whims of the very, very few people who actually bother to vote. Consider the state of Supreme Court elections in Michigan. On Monday, Justice Marilyn Kelly of the Michigan Supreme Court and Judge James L. Ryan of the United States Court of Appeals for the Sixth Circuit wrote in an article for the Detroit Free Press that “since the turn of the century, Michigan has gained a reputation for Supreme Court election campaigns that are among the most expensive, least transparent and most partisan in the country. Our campaign ads have been among the most offensive.”

