1. Briefly discuss the four general methods of selecting state judges (appointment, partisan election, nonpartisan elections, and merit selection) and choose one in which you feel will result in the best judicial candidate, and why. When selecting a state judge the methods used are diverse compared to selecting a federal court judge since there are four general methods used, this
This essay, will go over the selection process of both the Florida and New York judicial selection process, it will also compare and contrast their selection procedures will be scrutinized plus and include personal views on the best selection procedure between the two. The law consists of the trial court and appellate court which are the two main functional categories; the
The feeling of acceptance should be felt by anybody in any form or way. Without acceptance the feeling of not being accepted or loneliness can take over someone’s life. Acceptance is often used in a form of writing, film, or in everyday life to show how acceptance can affect the way that somebody might be living today. The way acceptance is shown or brought into movies or films is by maybe using the theme, making acceptance the moral of the film or movie. In one story acceptance is shown by bringing up an event to allow the acceptance of citizens right of protest.
The Supreme Court’s decision of 1954 in the case of Hernandez v. Texas was the start of a breakthrough for Mexican Americans in the United States. The case was brought to existence after Pete Hernandez was accused of murder in Jackson County, a small town called Edna, Texas. The special thing about this case that makes it significant was the jury that were including in this trial. It was said that a Mexican American hadn’t served on a jury in the county of Jackson in 25 years. With the help of a Mexican American lawyer, Gustavo Garcia, the case was brought to the highest court level and was beheld as a Violation of the constitution.
Court system-The court system will be ran by judges and selected people of the section. The selected people must be deemed impartial. The representatives of each section can choose a total of five judges. If the residents see the judge unfit or biased they may ask their representative for a electoral impeachment. A vote will be conducted to decide whether the judge will removed or not.
When people think of a good judge they typically think of somebody who is fair, not bias and has some sort of experience. However, in today’s society, particularly in the United States, our judicial selection methods are not made to select judges on their ability to reason well and rule impartially (Carter and Burke, 6). On top of that, judges have no actual training before they become part of the judiciary. The only training they receive is in school when they are studying the law. Sometimes when they pursue an apprenticeship with a judge they also get a little bit more experience or insight into a judge’s job.
In Texas, there are two separate high courts: The Supreme Court of Texas and the Texas Court of Criminal Appeals. Having two separate high courts in Texas is good because make this system more professional. However, these two high court heard different cases. The Supreme Court of Texas is the highest civil and juvenile cases, and it is the final appellate jurisdiction in Texas. In contrast, the Texas Court of Criminal Appeals is the highest and the final criminal court in Texas, and the jurisdiction of death penalty cases.
Out of the two selection methods, partisan elections are more voter-oriented than merit-based selections. While Texas has its process for selecting judges in Texas, the United States has its own methods for judge selection. For example, one selection is also through appointments. When a judge is selected by appointment, the governor appoints district and appellate judges to the bench to fill vacancies before an election or to fill judgeships on new courts (Champagne, Harpham, Casellas 2021, 308). Similar to merit-based elections, but in this case voters don’t get to vote whether to elect or evict.
A former chief justice from the Texas Supreme Court, Tom Phillips, said, “of the ways you can elect judges, Texas has one of the worst systems.” (Philips) Many people vote for the name or party that they recognize. Meaning that the better known the candidates name is, the more likely they will be voted for. Therefore the more money that is put into candidacy representation, the greater the chance that candidate will be elected.
They are similar in the fact that they need money in order to campaign and they need to campaign in order to get electoral support. They are different because judges are not expected to represent the interests of their constituents when compared to legislators. They are prohibited from campaigning on issues that may come before the court. State supreme court elections occur under a variety of institutional arrangements. The main weakness in Bonneau’s argument was his estimation technique.
The main draw to merit selection is the commissions, which “minimize political influence by eliminating the need for candidates to raise funds, advertise, and make campaign promises, all of which can compromise judicial independence” (AJS, 2010, p. 1). Unfortunately, the commissions are the main drawback as well because many people think it is easily politically influenced. New York is a good example to analyze which one of these ideals is true since it changed from partisan election to merit selection in its highest courts, the court of appeals (Becker and Reddick, 2003, p. 25). Remember, merit selection most commonly uses retention elections to retain judges in office, but something unique about New York’s system is they do not use retention elections, which have been shown to be politically influenced like partisan elections (Reid, 1999, p. 68 and 69), subject to change with public opinion (Canes-Wrone, Clark, and Park, 2010, p. 229) , and have a low turnover rate (Carbon and Berkson, 1980, Abstract), like most states with merit selection of some kind. Retention elections have the main purpose of trying
In Texas, we hold factional races to pick our judges. These are general races where applicants selected host their individual gathering marks show up on the poll. Periodically judges are chosen off just gathering association and not entirely in the event that they are great, reasonable judges. For instance, The San-Antonio Express News composes, "...good judges from the two gatherings are cleared out of office
Federal and State Judges hear a variety of cases and have multiple levels of courts in which is ends at a high court for overall decisions. Each state in the U.S. creates their own judicial system. They determine how judges will selected and qualifications they feel is necessary to be a judge in that state. I am from Texas and our philosophy is no different. There are many differences between Texas and federal judges
Are partisan elections destroying America? This is one topic of debate that consistently comes up today as to whether judges should be chosen by partisan election. Let’s discuss some disadvantages of this. Judges are trained professional who are supposed to be unbiased law maker in the pursuit of justice. They should be not influence by the public.
Judicial selection is an intriguing topic as there are multiple ways that judges take their seat on the bench. The United States Constitution spells out how federal judges are selected and leaves it up to the individual states to establish their means for selecting judges. In federal courts, judges are appointed and it varies between appointment and election for state courts. The purpose of this paper is to examine the differences between appointments and elections (as well as the multiple types of elections) and to give an opinion as to which is the better alternative. Federal judges are appointed by the President of the United States and are confirmed on the advice and consent of the United States Senate.
