Facing the Public: Voter Assessments of Judicial Scandal

Abstract A decades-long debate has sought to determine whether judicial elections are detrimental to the impartiality of judges and public support for state court systems. We contribute to that discussion by assessing whether elections work to hold errant judges accountable. We use a novel dataset of judicial scandal, including newspaper reports of misconduct against elected state supreme court justices. Our data examines the effect of scandal from 2000–2023 to determine whether controversy affects voter support for incumbents. We find voters pay attention to the harmful effects of scandal on judiciaries and that impacted incumbents experience diminished support, relative to other incumbents.