pros and cons of electing judges

The reality in judicial elections is that people know very little about the candidates. As a result, the Texas constitution is often ridiculed because of its lengthiness and anonymity that results in frequent constitutional amendments. Linda B. Glaser is staff writer for the College of Arts and Sciences. What are the pros and cons of judicial elections? Retrieved from, com.ezproxy1.apus.edu/docview/873788499?accountid=8289. Are the judges in your home state appointed or elected? Welcome to A Nation of Moms! The problem is basically this: Judges are suppose to be "Independent". Interestingly, the Texas Judiciary is very confusing. sions, particularly whether judges should adjust their behavior to constituency prefer-ences in matters where they have discretion. It ensures that they maintain high ethical standards and follow the constitution to the end for fear of being voted out if they do the contrary. Wallace Jefferson, who was Supreme Court chief justice from 2004 to 2013, was fairly blunt about his distaste for the way judges are elected. 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. Elected judges are better than appointed judges at campaigning, raising money and television. Judges who were there by appointment reversed the sentence more than a quarter of the time. Martin Luther King Jr. said Law and order exist for the purpose of establishing justice and when they fail in this purpose they become the dangerously structured dams that block the flow of social progress.(2) Individuals believed to have committed an offence against the law must be found guilty in a court of law to receive their punishment. 4hMWV5Pfu9oUc@+ -CK})_$].. . This confuses the voter like I mentioned before and makes them not want to go out and vote. So the theory goes. Learn how your comment data is processed. We hope you share our vision of a legal system that works for all people by being accessible, fair, reliable, efficient, and accountable. These include legal training for judges and the standardization of jurisdiction, procedure and personal qualification.. Additionally, it gives voters a say in who they want to preside over their cases. Not all areas elect them, though. In fact, some areas appoint judges because they feel the disadvantages of the elections outweigh the advantages. 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. In the next couple paragraphs I will talk more specifically about these topics. the time of effectiveness. Get Cornell news delivered right to your inbox. If their terms are 4-6 years, they are also more responsive to public opinion (or at the le. This means that the Constitution should be open to modification and modernization according to the demands of contemporary times. Provides a deterrent for inmates already on Death Row. Levingston reasons that in spite of judges' terms of service, they "cannot be removed from office for partisan political reasons [;] so long as the judges behavior is within the range viewed as good, that is uncorrupted then they are protected against losing their positions" (Levingson, p.126). But elections of public officials such as judges may have serious drawbacks. According to Professor DeBow of the Stanford School of Law, This democracy business can be a little messy at times. Some critics argue elections create political biases which weaken judicial impartiality. 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 . 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. Many people feel that judges and other government officials are in the pockets of large corporations. But judges facing elections only ruled in favor of the defendant 15 percent of that time. The requirements to become a state judge in the state of Texas is that it is required for a person to. Elections ensure that judges are accountable to the people. Save my name, email, and website in this browser for the next time I comment. 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. It would be pointless to incur the costs of an election campaign for a part-time judgeship. All rights reserved. the election process is the only check and balance to counter purely political appointments, whether the appointee is qualified (or not). In fact, during election years, judges are more likely to hand down rulings are too harsh for the crime committed simply because they want to prove to the community that they are hard on crime. 4. In traditional economic thought, competition is always good, and just as it's good for the economy, competitive elections should also make things better. 5 0 obj Each has its advantages and disadvantages. w69"""eUFeyj@uf$}KxPg?>(JEz Q3E!8(-iOBEwk^7/!=t%[ Jp=oLH?cK-GeKV'J;1]{^ |cYhWYfZ 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. It is a neutral holiday. While electing judges is not a flawless system, it is better than alternatives. 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. For its people to have these liberties, the original colonies created a central government in the form of the constitution. Your Child", "Spanking Your Kids: Discipline or Abuse", and 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. 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. Copyright 2012 - 2022 A Nation of Moms | All Rights Reserved, judges are more likely to rule in accordance with the popular opinion, Applications of Different Types of Probability Distribution, A Guide To Poverty And Politics In The US, My Experience with Surya Brasil Henna Hair Color. Because of issues such as these, we need someone who puts their duties before all. The Texas judicial system has been called one of the most complex in the United States, if not the world. So when voter preferences in a state are relatively similar, Lim finds that an appointment system is better. The two most common methods of selecting state judges (as opposed to federal judges) are election and merit selection. Who is Jason crabb mother and where is she? Pros And Cons Of Judges For Their Political Agenda And Viewpoints. But some of the state's top judges have spent the last few years publicly asking for a new process. Jury trials should remain an option. Have you ever had a frustrating experience with a state agency, such as the Department of Public Safety? Some type of merit plan for selection of judges is utilized by 24 states and the District of Columbia. People in a democracy have a right to elect their own judges. _ Gerrie Bishop is the judicial staff attorney for the 5th Judicial Circuit in Brooksville. One proposed change, submitted by Governor Cuomo, would merge most of the maze of lower courts into the Supreme Court, now the . Appointed judges are appointed for life, so it is possible that Ever since 1876, it has been an issue on whether judicial selection, the appointment or election of state judges, are even beneficial. However, Texas has one of the longest constitutions, which has remained the same since 1876. 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. Also, voters need to know the background information on the judges instead of randomly picking whoever they want to, base on their indifferent feelings. Perhaps that biggest problem with electing judges is that not all elections are the same. The Constitution needs direct election for different state offices inside the executive branch and inside the legal system of the judicial branch, likewise with respect to various county level offices. Is the singer Avant and R Kelly brothers? Guide to Stalking and Cyberstalking Laws in the United. We find some are on the liberal side, some are conservative, while others are more on the moderate side. Lady Hale in the SC). t(tqT w7Q7#MP}Rg:yfQw%zas$mn"03(o6!5_LEq. RLMR0VXC:L[lGf bha3jRUfB+B";7|sW!z"9f+4S ] Former Justice Sandra Day O'Connor, U.S. Supreme Court 1. A teacher walks into the Classroom and says If only Yesterday was Tomorrow Today would have been a Saturday Which Day did the Teacher make this Statement? He then secured his fifth six-year term on November 6, 2012. One problem with elections is that many judges never need to run against an opponent. Those who oppose merit selection argue it is the right of citizens to vote for all office-holders, including judges, and that politics is still pervasive in the nominating process, but is more difficult to monitor. And when difficult and unpopular decisions have to be handed down, the public is far more likely to accept them graciously. Title: An amendment to Article VI, Section 7 of . Judges who are appointed are more likely to be highly qualified than elected judges. Lim points out that public critique during a campaign is a disincentive to lawyers to seek office; this can result in the best candidate for a judgeship declining to compete for the position. The theme this year is "Celebrate Your Freedom: Independent Courts Protect Our Liberties.". Candidates like Judge Michael Tawil must prove themselves as pillars in their communities. Full transparency is essential. European immigrants were sometimes pushed out of their homelands, and other times, came in hope for a better life. The Texas Constitution builds up six types of courts, some of which have simultaneous or overlapping jurisdictions. Within the older system, only Barristers can can become judges. On this issue, the important point is this: the extent to which . F^J$L0;uv^F-2 zjqh When judges are elected rather than appointed, they must appeal to the public. 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. General Election Ballot Question Pamphlet . This treaty communicated the amity between the two countries. Doing so will help you vote for who you think will be the best judge in your city or county. The two most common methods of selecting state judges (as opposed to federal judges) are election and merit selection. One con is that Why do we do this? What did the Nazis begin using gas chambers instead of mobile killing units and shooting squads after a while? Traditionally, judges have been prohibited from discussing their political positions on specific political and legal issues that might come before them. Texas, through hardship war and political disagreements, was finally established as a state in 1845; but the question after finally acquiring statehood was to be how would the judges be selected. Pros And Cons Of Partisan Media; Pros And Cons Of Partisan Media. their decisions are not based on getting reelected. 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 Want to get paid to blog about DeSantis? However in most cases, these judges are consistent and accountable. 6 Health Benefits of Drinking Single Malt Scotch Whiskey, Xcaret: An Incredible Park on the Mayan Riviera, How to Charge an RV Battery with a Generator in 9 Simple Steps. 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. Judicial Elections: Pros & Cons of Electing Judges. In many appointment systems,. What are the Biggest Problems with the American Jury System? If they have to run for elections, they are subject to the public for their retention. 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. That figure dropped to 11 percent if you factored in the competitiveness of the election. The chances of the voting process In early 1900's, faded and became the democratic party. 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. %PDF-1.4 The purpose of the Act was to broaden the composition of the judicial Bench. Voter turnout has decreased in the past years. 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.". Dallas: Newstex. But, I believe this can still be done by setting an specific time for the judge to leave the position and therefore, I believe it is unnecessary for judges to hold their position for lifetime., ountries that have never had a jury system, or have had one in the past, have turned to citizens to decide criminal cases. This is to assure judicial independence. When citizens have the chance to elect their own judges, it is believed to help rebuild faith in the judicial system and in the government as a whole. Election: In nine states, judges run as members of a political party. Busy blogger and mom of two girls! On September 10, 2013, Hecht was appointed Chief Justice by Governor Rick Perry and sworn in by retiring Chief Justice Wallace B. Jefferson on October 1, 2013. Appointments are a more efficient mechanism for selecting judges than elections. The structure of the system is laid out in Article 5 of the Texas Constitution. 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. In the following, the reasons for having the jury system become an integral part of the Canadian Justice System. What. It features five layers of courts, several instances of overlapping jurisdiction, and a bifurcated appellate system at the top level. "Hot coffee" shows other side of "frivolous" lawsuits, New HBO film "hot coffee" shows texas' role in campaign to limit lawsuits against business, (2011). Due to their affiliation with a party, they are not fair and biased. The jury system could be helpful, but it can also be a huge problem in a serious case. ~nFZsB5R3$D= +KnR)~tBn~'l%!Gv The Death Penalty allows families that have been suffering some closure. The pros of electing judges in Texas are that it allows for more accountability and transparency in the judicial system. The working group was asked to study "the pros and cons of the various methods for appointing judges, terms of office, and the desirability and nature of legislative confirmations of gubernatorial appointments." We met by phone February 4, 2020 and reported our findings to the full Commission on February 11, 2020. Judges should be appointed rather than elected. The jury system provides a definitive conclusion to the innocence of those who have been accused of a crime. Justice is better served. I also agree when you stated that no one will ever find a judge that doesn't have to fight with a little bit of influence, but it is what the judge does with his decisions. But there is evidence suggesting that what really happens is that judges start to incorporate public sentiment in controversial decisions. A few legislative activities oblige changing the Constitution, that also needs special established constitutional amendment elections. Report earnings to the state, bill says. Full-time judges should be elected, but part-time judges should be appointed. she asks. Depending on where you live, you might even be electing judges this year. The people most likely to have insight into a judge are going to be those that work with them regularlynamely, attorneys in the system. It isn't bad for a judge to have a different viewpoint than someone else. There are several different versions of the plan, but the general idea is that instead of each justice being nominated, confirmed, and appointed for. Appealing to the public is also a double-edged sword. If you were mayor of your city, what changes would you suggest/recommend? I will now examine some of last election year's results. Many critics have claimed that a partisan election for judges have more negatives than positives. 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. sions, particularly whether judges should adjust their behavior to constituency prefer-ences in matters where they have discretion. In 12 other states, judges are elected, but the elections are nonpartisan, which means the judges do not reveal their political affiliation. Additionally, in the convention of Jacksonian Democracy, all Texas judges must battle with electoral politic issues and win their positions in partisan. When drafted, the conditions used to help shape the writing of the constitution were very different, especially for the old Confederacy. 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. 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. Merit selection: Merit selection was devised as a means of separating judges from the election process. Elections ensure the independence of the judiciary. Under Partisan elections, Judges are chosen by the general population and candidates are voted for alongside political affiliations. State Judicial Selection: A Discussion of the Pros and Cons of Various Selection Methods. These are some pros and cons of that plan. have a law-degree but some judges started off by being a lawyer before becoming a state judge. Understanding the Alternatives to Foreclosure. In the rest of the world, its incredibly rareor unheard offor people to directly pick their judges. 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. Many Texas judges will tell you privately that they hate the state's partisan system. 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. Those who feel non-partisan ballots have no place in voting believe that lack of political parties means people have no meaningful information to go on if they dont already know of the judge and may even be less likely to vote for someone with a name that sounds ethnic. Appointments are a more efficient mechanism for selecting judges than elections. Pros And Cons Of Partisan Elections In opposition to most states, Texas is one of a handful to do partisan elections to vote for judges. "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. In Texas, we elect our judges through a partisan election. 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. He asserts that the good behavior clause in Article iii of the constitution is not clearly spelled out and is therefore subject to interpretation. In your opinion,does our state legislature work for the needs of the citizens of Texans? "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. 3. I'm Marysa, a busy mom of two girls, and our family lives in Upstate NY. Here are some of the pros and cons of electing judges. For starters,. Depending on where you live, you might even be electing judges this year. It is inconsistent with Article Three of the Constitution -that applies to federal appointments to the Bench. The University of Denver is an equal opportunity affirmative action institution. There probably is no perfect way to select and retain judges, because we don't live in a perfect society. 2002 Pros & Cons and Attorney General Explanations. Many endeavors for reform of the constitution. what were the pros and cons for the nulification. 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. It is better if they are appointed. Appointment based systems do a better job than electoral systems of keeping the judiciary from being politicized. These philosophies are depended on the justices personal experiences and ideologies they grew up with. Levingson claims life tenure for Supreme Court justices "is an idea whose time has passed, and it offers a good reason for any concerned citizen to be dissatisfied with the constitution" (Levingson, p.126)., Before the election, if President Obama was not able to get the Senate to approve his United States Supreme Court applicant, the next president would potentially be responsible for filling the vacant spots on the court over the term due to possible retirements and deaths.

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