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Most theories of judicial independence place a great emphasis on selection mechanisms for judges.'An appointment mechanism that appears to link the selected judge too closely to the appointing body calls into question whether the judge can be relied upon to deliver neutral, legitimate, high-quality decisions. While there is near-universal consensus on this as a matter of theory, legal systems diverge greatly in the ways in which they appoint judges, as each tries to balance independence with accountability through institutional design. The diversity of systems of judicial selection suggests a lack of consensus on the best manner to guarantee independence. 2

American states are exceptional in the range and variety of judicial appointment systems they employ, including various forms of election, appointment by political authorities, and the use of judicial commissions. 3 The merits of these various methods are hotly …