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Oregon is joining a growing number of states that are evaluating whether public elections are the best system for selecting judges. Citing the rising expense of judicial campaigns and the increasing influence special interest groups play in those campaigns, the Oregon Law Commission has formed a work group to study the issue.

The recommendation to explore reforms to the judicial selection process came from Paul De Muniz during his time as chief justice of the Oregon Supreme Court. In a proposal he wrote, he noted that 鈥渢he increasing politicization of state judicial elections puts at risk judicial independence and erodes public confidence in the impartiality of judicial decisions.鈥�

Wendy Johnson, the commission鈥檚 deputy director and general counsel, said the process of judicial selection has been a thorny issue for several years. It has recently generated more notice because this is one of the few years Oregon has contested elections for both the Supreme Court and the Court of Appeals.

In addition, the state鈥檚 governor generally fills vacancies on the appellate court by appointment. That tradition has changed of late, as the state鈥檚 constitution allows for those seats to be filled by either appointment or election. Another problem with elections is that voters often don鈥檛 know enough about the candidates to make an informed choice.

“People don鈥檛 know who to vote for largely because we have restrictions on what you can reveal as a judicial candidate,鈥� Johnson said. 鈥淭here is some question about what experience is relevant and what is not.鈥�

The state Legislature created the Oregon Law Commission in 1997 to carry out an ongoing program of law reform. Housed at Willamette University鈥檚 law school, the commission also proposes new substantive and procedural provisions to improve and fill gaps in Oregon law.

The commission鈥檚 new work group, which consists of judges, attorneys, lawmakers and others in the legal profession, will examine whether the governor or Legislature should select Supreme Court justices, among other options.