Voter Mobilization in Judicial Retention Elections: Performance Evaluations and Organized Opposition

Abstract

Although more states are adopting judicial performance evaluation programs, little is yet known about their impact. Across three elections in one urban district in Utah, there is little evidence that judges need worry that performance evaluations will lead to the loss of their seats, even if they score lower than colleagues. An organized opposition campaign had much more impact on a judge's retention vote. Interest group and procedural justice theories together help explain when opposition campaigns against trial judges arose in this community. Performance evaluation data may reinforce opposition campaigns based on procedural justice concerns.