What are some common threats to judicial independence?
Within the United States, state constitutions generally afford less protection for judicial independence than does the federal Constitution. State judges are particularly vulnerable during the selection process, and state courts are vulnerable in the budgetary process. Threats to judicial independence can be manifested in several ways: Politicization of the judiciary— Where judges are chosen by election, rather than by merit selection, judicial candidates may need to participate in election campaigns funded by special interests. The perceived independence of a judge who owes a seat to contributions from politicians, labor leaders, corporate executives, or lawyers may suffer in the eyes of the public if not in actual fact. This is not to say that appointed judges are necessarily immune from political influences. Anyone who is familiar with the more publicized confirmation process for federal judges can recognize how a judicial appointment process might also be compromised by partisan po