On March 1st, the Colorado Lawyer Chapter of the American Constitution Society hosted a discussion on "Picking Judges: Should the Public Be Involved and If So, How?" The panelists were Rebecca Love Kourlis, the Executive Director of the Institute for the Advancement of the American Legal System at the University of Denver and a former Justice of the Colorado Supreme Court and Cliff Stricklin, a partner at Holme Roberts & Owen LLP and a former Texas trial court judge. Reporter Adam Schrager of Denver’s 9NEWS served as moderator.

Justice Kourlis outlined the Institute’s goals for a merit-based judicial selection process. She explained how her views regarding public participation in selection commission deliberations evolved when she recently chaired Senators Udall’s and Bennett’s committee that evaluated candidates for the United States District Court for the District of Colorado. Although she was first concerned when the Senators proposed permitting their non-attorney staffers to attend the committee's deliberations, Justice Kourlis soon discovered that the presence of outsiders did not affect the group’s discussions. Justice Kourlis also reviewed the impact of recent Supreme Court decisions, including Caperton v. Massey Coal Co., on judicial elections.

Former Judge Stricklin, while a supporter of the merit selection process, summarized the arguments in favor of popular election of judges. Judge Stricklin explained that candidates for judgeships who run for office must be active in the community and foster a public dialogue on the role of the judiciary. He also noted that judicial elections can spur the evolution of the judiciary by encouraging candidates and judges to distinguish themselves through initiatives such as specialized drug courts. In response to a question, Judge Stricklin stated that, while on the bench, he never considered the impact of a ruling on his prospects for re-election. He further explained it is a felony in Texas for judges to solicit contributions from the bench.

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