The non-lawyer members would be appointed by government officials, and the lawyer members would be selected by secret ballot of registered attorneys in the district or circuit. The tenure of commission members would be approximately eight months during an election year, and no member would be permitted to serve two consecutive terms. DiVito noted that 72 Cook County judges ran for retention in 1998 and the number could be as high as 90 in 2000 because the county's subcircuit system has substituted elected judges for many associate judge positions. He added that more than 70 downstate retention candidates are expected next year. Good judges can lose retention elections because of unsubstantiated smear tactics and voter backlash, he said.
Anxiety is compounded by the stress of campaigning and fund raising.
Judges are threatened when they make correct decisions that the public doesn't understand. Stephen D. Phillips of Chicago was among Assembly members who expressed concern with taking from the people their right to vote on judges. He said the bar should educate the public and provide information about judicial candidates. Others feared retribution by judges who received negative evaluations from local commission members but were retained in subsequent elections. DiVito decried any fear against reprisals for supporting merit retention.