pros and cons of electing judges pros and cons of electing judges

(Aug. 8, 2012) While judges do not run on a political platform like politicians, it still is the same election process and same atmosphere. A nominating committee comprised of both lawyers and nonlawyers presents the governor with a list of nominees, from which the governor selects an appointee. But there are other issues with electing judges: When you elect judges in the same way you elect politicians, they tend to act like politicians. A partisan election is in which a party label appears on the ballot. Many endeavors for reform of the constitution. Many people feel that judges and other government officials are in the pockets of large corporations. One con is that The pros and cons of judicial elections is that they can ensure that the judges is accountable for his or her actions in court because the people who selected the judge for his or her vote allows each candidate to be screened and the cons of judicial elections is that the judiciary can be partisan which the people can't have a direct say so in If a Republican is elected president, the court could continue to issue decisions that are favorable to conservatives in the many cases it hears. This is to ensure that people of a society are living in a place where they are free of fear, and able to reside in peace. Texas has trial courts and appellate. You can check out the pros and cons and make your own decision. Judicial elections are a unique phenomenon. The involvement of a jury is important because it allows for a fair conclusion to trials., The Founders of our nation understood that no idea was more central to our Bill of Rights -- indeed, to government of the people, by the people, and for the people -- than the citizen jury. Having the jury system is effective and useful because Canada prides itself in its value of democracy which is shown through the involvement in justice, it allows for the peers of an accused to hear the entire facts of a case and the fate of the accused is not in the hands of solely one individual who may have conflicting opinions and values than that of the accused. Voter turnout has decreased in the past years. Five states have gubernatorial or legislative appointments without a nominating commission, 16 states have merit selection through a nominating commission, and nine states (including Florida) have combined merit selection and other methods to select their judges. Report earnings to the state, bill says. And also to protect our Supreme Judges from political pressure. t(tqT w7Q7#MP}Rg:yfQw%zas$mn"03(o6!5_LEq. RLMR0VXC:L[lGf bha3jRUfB+B";7|sW!z"9f+4S ] Appellate judges serve six-year terms, district judges, county-level judges and justices of the peace serve four-year terms and municipal judges usually serve two-year terms. But there is evidence suggesting that what really happens is that judges start to incorporate public sentiment in controversial decisions. Elections ensure the independence of the judiciary. The first problem goes to the availability of information. Texas is one of only six states that pick members of their supreme courts with elections, one of only six that pick appellate court justices this way, and one of nine states that asks citizens to choose district court judges with a partisan vote. Lim's study was funded by the National Science Foundation. Election Resources: South Dakota Secretary of State Also, another headline happening not too long ago, involving Chief Justice Nathan Hecht about the fine settling charges that he broke state campaign finance laws represents another impact he had on our state. The University of Denver is an equal opportunity affirmative action institution. There are 3 main reasons why the jury system should remain an option., Methods of judicial selection vary substantially across the United States. If their terms are 4-6 years, they are also more responsive to public opinion (or at the le. Should Supreme Court justices be elected? By enacting the Fifth, Sixth, and Seventh Amendments to the Constitution, the Framers sought to install the right to trial by jury as a cornerstone of a free society., is one of the sole purposes of the Supreme Court of the United States. Welcome to A Nation of Moms! Some argue the system should change because of possible bias both by the electorate and of the judge, others contend it is necessary to know what party the judges affiliate with in order to know what way they lean may lean in their final judgement. Though each state has a unique set of guidelines governing how they fill their state and local judiciaries, there are five main methods. In traditional economic thought, competition is always good, and just as it's good for the economy, competitive elections should also make things better. What are the pros and cons of judicial elections? On this issue, the important point is this: the extent to which . The Irish came simply for economic opportunities, and because an Irishman by the name of William Kennedy wrote a book encouraging (Texas: The Rise, Progress, and Prospects of the Republic of Texas) immigration to the prosperous Texas. Are the judges in your home state appointed or elected? Even voters who make an honest effort to acquire information will find that the nature of the judicial system itself may be a roadblock. Some critics argue elections create political biases which weaken judicial impartiality. Is the singer Avant and R Kelly brothers? In Texas, we elect our judges through a partisan election. Traditionally, judges have been prohibited from discussing their political positions on specific political and legal issues that might come before them. Those who oppose merit selection argue it is the right of citizens to vote for all office-holders, including judges, and that politics is still pervasive in the nominating process, but is more difficult to monitor. Rather than focus on donations and endorsements from corporations to ensure appointment, they must prove fairness and adherence to the law to keep citizens invested in keeping them in the courtroom. General Election Ballot Question Pamphlet . Judge selection methods have their pros and cons - Tampa Bay Times There are no pros or cons. Appointed judges are appointed for life, so it is possible that A majority of states in the U.S. have elections for judges at the state and county levels. Many arguments bring to light the benefits and drawbacks of each system, critiquing the justness, dependability, and impartiality. Texas Legislature met for the 85th time last spring since statehood. 5 0 obj In the next couple paragraphs I will talk more specifically about these topics. Judges who are appointed are more likely to be highly qualified than elected judges. If you were mayor of your city, what changes would you suggest/recommend? sions, particularly whether judges should adjust their behavior to constituency prefer-ences in matters where they have discretion. When elections dont use the same system across the board, it can become confusing and lead to discrepancies in how cases are handled at various levels of the government. One proposed change, submitted by Governor Cuomo, would merge most of the maze of lower courts into the Supreme Court, now the . Additionally, many also feel there isnt enough separation between the branches of government and that checks and balances do not work correctly. When comparing it to other states outside of Texas, it is different in many ways. This means that the Constitution should be open to modification and modernization according to the demands of contemporary times. In many appointment systems,. What is error code E01-5 on Toyota forklift. Why do we do this? How does one become a state judge in your home state? States began to create their own constitutions. It isn't bad for a judge to have a different viewpoint than someone else. Electing - rather than appointing - state court judges has drawbacks But if I were in the courtroom, I would want the judge to have the same viewpoints as I do. These philosophies are depended on the justices personal experiences and ideologies they grew up with. Due to their affiliation with a party, they are not fair and biased. Constitutional Amendment A. "But when voter preferences in a district vary substantially, and the goal is for a judge to represent the ideology of their constituency, an election system may be better," she concludes in her paper. This version of the constitution is based on the U.S constitution that came into play in 1789 since its ratification. "We should focus more on designing a good system that reflects these lessons from the data," she says. If a Democrat is elected president, the court could shift towards a more liberal direction. If they were elected by the people they would not make every decision fairly, they would not be in office for life and they wouldn't be as well respected., Although their are pro's and con's for each argument, I believe that it is better for the country to have no term limits on supreme court justices. ~nFZsB5R3$D= +KnR)~tBn~'l%!Gv It's all too easy for an unelected judiciary to lose. The Pros and Cons of Electing Judges The 2020 election year is well underway, which means you've probably been considering where to cast your vote. Chapter 15 Flashcards | Quizlet The Texas judicial system has been called one of the most complex in the United States, if not the world. I hate election day because leader already chosen its just a formality to vote. Ever since 1876, it has been an issue on whether judicial selection, the appointment or election of state judges, are even beneficial. What. It seems to me that the problems term limits cause, such as strategic retirement, are preferable to the alternative possibility, that the justices begin making decisions based on what would best help their personal careers in the, guarantee the honesty of the power allowed to Court Justices and protect them against unjust interference from either the legislative or executive branch. 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You made a good statement when you said that when voting for a judge, you have to find the right judge that is able to carry out his job without being influenced by, The Supreme Court justices are appointed in the same manner as all Federal Constitutional Judges, by the President with the advise of the U.S. Senate for life terms without a reduction in pay. The pros of electing judges in Texas are that it allows for more accountability and transparency in the judicial system. _ Gerrie Bishop is the judicial staff attorney for the 5th Judicial Circuit in Brooksville. The requirements to become a state judge in the state of Texas is that it is required for a person to. It would be pointless to incur the costs of an election campaign for a part-time judgeship. The five main methods are partisan elections, nonpartisan elections, legislative elections, Gubernational appointment, and assisted appointment., The purpose of law is to define behavior and conduct that is acceptable in a society. Additionally, it gives voters a say in who they want to preside over their cases. What are the pros and cons of elected judges? - eNotes.com On the down side, critics indicate that judges should spend their time reducing the backlog of cases rather than campaigning for office, that elections force candidates to solicit campaign contributions from lawyers and possible litigants, and candidates may wind up deep in debt or may lack sufficient money to properly inform the voters of their merits. The Texas Constitution builds up six types of courts, some of which have simultaneous or overlapping jurisdictions. This means interacting with their districts and providing plans on how they intend to handle the cases that come before them in the courtroom. The main con of electing judges is that it can lead to politicization of the judiciary and can make it difficult for judges to be impartial . It isn't bad for a judge to have a different viewpoint than someone else. The Texas Legislature passed several laws from State budget, protecting children, schools, sanctuary cities, and many more, at the same time some laws where not passed. When drafted, the conditions used to help shape the writing of the constitution were very different, especially for the old Confederacy.      In the following essay I will be talking about the disadvantages and advantages of partisan elections for state politics. Amendment A's critics have been implying South Dakota's citizen jurors and judges aren't bright enough to tell a good explanation from a bad one, and . Each of these types of election of judges presents advantages and disadvantages over a pure judicial appointment system. The conservative judges on the other hand, strictly believe that the meaning of the Constitution was fixed by the founding fathers of the U.S, I agree when you stated that judges have been elected for their political agenda and viewpoints. pros and cons of electing judges - Andreas Hotel & Spa Contrasting viewpoints try to decide on whether the voting system should be partisan or nonpartisan bringing much debate in the election of the judicial candidates. Also, voters need to know the background information on the judges instead of randomly picking whoever they want to, base on their indifferent feelings. Should judges be elected by the public? Let's break it down "If the State has a problem with judicial impartiality, it is largely one the State brought upon itself by continuing the practice of popularly electing judges.". Without Juries in my opinion it would be totally unfair to go off of what one person thinks. pros and cons of partisan election of judges quizlet Additionally, judges are rarely removed when they stand for retention, and frequently don't have opposition in elections, so merit selection often results in what amounts to life tenure for judges. State Judicial Selection: A Discussion of the Pros and Cons of Various Course Hero is not sponsored or endorsed by any college or university. What are the pros and cons to appointed judges? 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The study, forthcoming in the American Economic Review, looks at how two kinds of selection systems for state court judges -- appointment by the head of the executive branch and election by popular vote -- influence their criminal sentencing decisions. I juggle work, the kid's activities, family life, and blogging. Elections ensure that judges are accountable to the people. With the partisan election is makes the voting process go along much faster seeing as they can just head to one of 3 columns, either Democrat, Republican or Independent, and they don't have to sift through a huge list of people choosing which would be best to vote for. All rights reserved. Elected judges are better than appointed judges at campaigning, raising money and television. Its nice to think that having a judge who is a pillar of the community will give them the security and credibility to make unpopular decisions. Elected judges rely on being liked by the people to remain in office, and sometimes that pressure to be liked is reflected in their court decisions. Save my name, email, and website in this browser for the next time I comment. Kialo requires JavaScript to work correctly. Because not enough people enter the campaigns, it means that many judges end up in their positions for years or even decades, even if they arent doing well at their jobs. Election: In nine states, judges run as members of a political party. Former Justice Sandra Day O'Connor, U.S. Supreme Court 1. The theme this year is "Celebrate Your Freedom: Independent Courts Protect Our Liberties.". PDF MEMORANDUM - Txcourts.gov In analyzing data on judges for the state of Kansas, one of the few states that has within-state variation in how judges are chosen, Lim found that "the sentencing harshness of elected judges is strongly related to the political ideology of the voters in their districts, while that of appointed judges is not.". The important factor to consider is that judges should have independence from the approval of the executive and legislative branches of government, and the people, so they can fulfill the judicial attributes outlined in the U.S. Constitution. Crime can be found throughout that world and is an unfortunate part of society, which must be dealt with in order to prevent the demise of law and order in a society. Only six states, including Texas, elect justices in a partisan race. In theory, the concept of electing judges seems fair. A few legislative activities oblige changing the Constitution, that also needs special established constitutional amendment elections. Texas Judicial System Pros And Cons Essay - Summaries & Essays The structure of the system is laid out in Article 5 of the Texas Constitution. Depending on where you live, you might even be electing judges this year. I think there is too much information out there and another thing that might be the reason this is happening is because candidates insult other candidates with their campaign ads. Have you ever had a frustrating experience with a state agency, such as the Department of Public Safety? Pros and cons of electing judges - Kalj.roma-aeterna.de Finally, I will discuss if partisanship made a difference in the vote, as well as if a judge should be decided by partisan vote. Like many states, the Texas constitution is rigid and includes to many explicit details. Evaluate whether electing judges by district would be a positive or negative change, Describe the characteristics of the state bureaucracy. A teacher walks into the Classroom and says If only Yesterday was Tomorrow Today would have been a Saturday Which Day did the Teacher make this Statement? EDITOR'S NOTE: This is the last of six guest columns written by Hernando County Bar Association members and published on this page during Law Week, which began Sunday. This makes it far more likely that a judge will be invested in their community and care more about the fair application of law than protecting narrow special interests. Critics suggest that though States may be unable to fully eliminate politics from the judicial section process, appointment methods see less bias and are better able to mitigate political influences. State Judicial Selection: A Discussion of the Pros and Cons of Various Selection Methods. Dallas: Newstex. There are more than 3,000 elected judges in the state. Thanks for sharing the details. Those who support electing judges indicate that the benefits include allowing voters the opportunity to provide accountability through self-government by the voters, awareness of the political preferences of judges to the voters, and more public control of a judicial system that is dealing with aggressive lawsuits, such as the recent tobacco and ongoing gun cases. That figure dropped to 11 percent if you factored in the competitiveness of the election. Undoubtedly there were other factors driving these decisions, and the quality of a judge is certainly not measured by how often they rule in favor of the defendant. Title: An amendment to Article VI, Section 7 of . 4hMWV5Pfu9oUc@+ -CK})_$].. Lol I must admit I am one of those who feel that judges and other government officials are in the pockets of large corporations. This is to assure judicial independence. But what attorney is going to risk antagonizing a future judge by saying something negative during a campaign? We should adapt to climate change rather than avert it. It is better if they are appointed. "People see competition as good, but I look at the way incentives are determined so I can see when it is effective in a particular situation," explains political economist Claire Lim, assistant professor of economics and the Sheng-Larkin Sesquicentennial Faculty Fellow. Florida gun owners should be held responsible for securing their weapons | Letters, How about spending more on preventing crime? How close the electoral connection should be between the populace and its leadership has been debated down through the ages. Lady Hale in the SC). Advocates of the merit system indicate that a nominating committee that includes lawyers brings expertise to the selection process, and is an improvement upon an election system where voters are uninformed, or not in a position to evaluate judicial performance. Our Chief Justice of our great state Texas has had an economic and societal impact involving the growth of legal aid funding involving poverty. Secondly, younger Americans are more cynical and disconnected from politics than ever. PDF Should judges be elected or appointed? The current Chief Justice of Texas, Nathan Hecht is a Republican from Dallas, Texas. It is inconsistent with Article Three of the Constitution -that applies to federal appointments to the Bench. As we know in the Article III of the U.S constitution says that all judges in the Supreme Court and Inferior Courts can have their jobs for the rest of their life. Provides a deterrent for inmates already on Death Row. O&r Both parties get to field a candidate, and the voters decide which one they want. the election process is the only check and balance to counter purely political appointments, whether the appointee is qualified (or not). What are the pros and cons of judicial elections the - Course Hero This Hecht is the longest-serving Supreme Court member in Texas history. Definition. Want to get paid to blog about DeSantis? In New York for example, all trial court judges partake in partisan elections with the exception of family courts judges. Perhaps that biggest problem with electing judges is that not all elections are the same. If they have to run for elections, they are subject to the public for their retention. So the theory goes. Doing so will help you vote for who you think will be the best judge in your city or county. Pros And Cons Of Judges For Their Political Agenda And - StudyMode Pros and Cons of Partisan Election of Judges - Free Essay Example "Spanking And Child Discipline-The Pros And Cons". The reasons that the judges can lose their job is by retirement or if they have been accused of any crime., The judicial philosophies of the justices in the United States Supreme Court differ from one another. But given that convicted murderers are not exactly a popular group with the public, the disparity in how judges in different electoral situations reacted is concerning to anyone who simply wants the rule of law to hold sway in all cases. The state Constitution and the political society in Texas together have made a framework of our legal system that welcomes Texans to pick applicants for a great numerous public offices in all levels of the government inside the state. a small committee nominates candidates for judges based on qualification and merit; the governor chooses from the list; after a year, voters are asked to either keep or remove him . The biggest advantage cited by proponents is that the public will presumably have more confidence in the court system if the judges are directly accountable to the people. "How many voters are smart enough to interpret legal decisions and judge the judges?" If a Justice was allowed to do this, black rights would never have been established, the rights for gays to get married would never have passed and women may have never been able to vote or be paid accordingly. stream There are several different versions of the plan, but the general idea is that instead of each justice being nominated, confirmed, and appointed for. We find some are on the liberal side, some are conservative, while others are more on the moderate side. Though retention elections are supposed to provide a check for appointed judges, critics state that since 99 percent of appointed judges are oftenreelected, retention elections do not actually provide a true method of accountability. The appointed judge will subsequently stand for election with no party affiliation, and will be retained if a certain percentage of the vote is received. Jp=oLH?cK-GeKV'J;1]{^ |cYhWYfZ DeSantis appoints well-connected Republicans to Reedy Creek board, Tampa race has 4 candidates, including 2 council veterans, seeking open seat, High-profile race for citywide Tampa council seat has seen fireworks, Tampa man who was first to face trial for Florida voter fraud in 2020 election gets probation, Christopher Sabella elected as Hillsborough Countys next chief judge, Florida bill seeks death penalty for child rapists, challenging SCOTUS. These constitutions followed the federal standards set by the United States constitution, yet made different situations in each state clearer and gave specific instructions for certain situations. 2002 Pros & Cons and Attorney General Explanations. Every single elected judge is appointed, not elected, and Supreme Court judges are selected forever, with the plan of expelling the judiciary from the pressure of electoral politics permitting insurance of minority interests in government system intended to rule.