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Judicial Elections and Partisan Endorsement of Judicial Candidates in Minnesota

Published online by Cambridge University Press:  02 September 2013

Malcolm C. Moos*
Affiliation:
University of Californiaat Los Angeles

Extract

All judicial officers in the state of Minnesota, including the chief justice and six associate justices of the supreme court and fifty judges in the district courts, are required to be nominated and elected without partisan designation. Judicial nominations and elections were made nonpartisan by the election law of 1912. During a quarter of a century, the nonpartisan ballot has given Minnesota the services of an exceptionally well qualified bench, and sentiment is practically unanimous in favor of continuing this method of selecting judges.

Once elevated to the bench, a Minnesota judge has a good chance of continuing in that capacity as long as he wishes to serve. Supreme court justices have been regularly reelected; so that their tenure has been, for all practical purposes, the same as that of federal judges. Three of the present members of the supreme court have been elected once, two have been elected twice, one three times, and one four times. With one exception, the supreme court justices since 1912 have retired from office by resignation or death.

Of the eighty-four district court judges who have served since 1912, only four have been defeated at the polls when seeking reelection. At the present time, thirty-six of the state's fifty district court judges have been elected two or more times, and twenty-three have been elected three or more times.

Type
American Government and Politics
Copyright
Copyright © American Political Science Association 1941

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References

1 Minn. Session Laws (1912), Ch. 2, Sec. 2. This article is based upon a study of pertinent statutes and election returns and personal inquiry among present and past members of the bench and bar.

2 Minn. Const., Art. VI, Sec. 10.

3 The exceptions were Justices Hallam and Quinn, who were elected directly to the supreme court in 1912 and 1916, respectively, without having been previously appointed by the governor.

4 The exception was Justice Schaller, who was defeated in 1916.

5 The sentiment of the bar is, however, sometimes revealed in the size of the vote on endorsement. In 1938, the State Bar Association endorsed Justice Loring (Republican) by a vote of 1,728 and Justice Peterson (Farmer-Laborite) by a rote of 977. At the general election, Justice Peterson roosived 528,455 votes to Justice Living's 107, 237.

6 The defeat of Judge Grannis of Duluth in 1936 marks the fourth time that an incumbent district court judge has been defeated in the last twenty years.

7 Minn. Sup. Ct, Nov., 1989. This case involved the office of register of deeds, which by statute is a nonpartisan office, the candidates for it being placed upon the ballot without party designation.

8 Mason's Minn, Statuies, Vol. I, Sec. 294 (1937)Google Scholar.

9 Italics in original.

10 Justice Loring is a Republican and Justice Olson is a Farmer-Laborite.