Many political scientists have condemned direct election of judges. Of late, an increasing number have recommended the plan of having a judge “run against his record” instead of having him run for office on the strength of his record and at the same time campaign against declared opponents. In California, an experiment has recently been undertaken designed to test the validity of such a plan.By popularly initiated constitutional amendment, originated by the Commonwealth Club of California and supported by the state chamber of commerce, the state has modified its long-used method of selecting judges of the supreme courts and the district courts of appeal. The amendment neither ends all popular election of judges nor vests all authority for selection in the hands of state officers.
The increase in judicial restraint noted a year ago has again been in evidence during the period under review. State courts, in following the lead of the United States Supreme Court, have construed police power liberally and have spoken out in defense of civil rights. Noteworthy, as well, has been the practice of these courts to construe strictly the power of the governor in this period of expanding administrative authority. The tendency of state courts to uphold experimental legislation, in line with the doctrine established by Nebbia v. New York rather than founded on liberty of contract and separation of powers precepts, has not been uniform. Federal decisions which recently have been greatly weakened but not expressly overruled still serve as guide-posts for some appellate courts.
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