pros and cons of electing judges

There are numerous varieties of election races in Texas. Judicial elections are a unique phenomenon. _ Gerrie Bishop is the judicial staff attorney for the 5th Judicial Circuit in Brooksville. Judges are selected through partisan elections or nonpartisan elections through which these elections are determined by financial funds, credibility, and political or non-political party views. The requirements to become a state judge in the state of Texas is that it is required for a person to. Appointments are a more efficient mechanism for selecting judges than elections. Many people are unaware of how little they understand about the world and the law that applies to the society in order to prevent conflict. Busy blogger and mom of two girls! have a law-degree but some judges started off by being a lawyer before becoming a state judge. This is especially true during election years. The Problem with Judicial Elections. The current Chief Justice of Texas, Nathan Hecht is a Republican from Dallas, Texas. Why do we do this? Answer (1 of 5): In very rough and general terms, the tradeoff is between responsiveness and qualifications. Routing number of commercial bank of Ethiopia? I agree when you stated that judges have been elected for their political agenda and viewpoints. What would be the pros and cons if Supreme Court judges were elected by sions, particularly whether judges should adjust their behavior to constituency prefer-ences in matters where they have discretion. But if I were in the courtroom, I would want the judge to have the same viewpoints as I do. Pros and Cons of the Death Penalty Pros 1. These are some pros and cons of that plan. 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 cant have a direct say so in the judges on the bench and that the, judges can only be connected to only certain members of the legislature and that the judges cant. U1 - Judges - Appointment of Judges Pros & Cons Flashcards - Quizlet Provides a deterrent for inmates already on Death Row. 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. The problem is basically this: Judges are suppose to be "Independent". 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. The pros and cons of court unification vary depending on prospective. In Nonpartisan elections: Judges are elected by the population, without any knowledge of their political affiliation. B0QjGgt2Wm)~DJ^$cdqvq- W84A! In your opinion,does our state legislature work for the needs of the citizens of Texans? pros and cons of electing judges - Andreas Hotel & Spa However in most cases, these judges are consistent and accountable. Many Texas judges will tell you privately that they hate the state's partisan system. 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. What are the pros and cons of electing judges? - eNotes.com Describe the organization of county governments and the various types of city governments. Ever since 1876, it has been an issue on whether judicial selection, the appointment or election of state judges, are even beneficial. 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 . Pros and Cons of The Direct Election of JudgesPhotos:https://www.flickr.com/photos/fischerfotos/7526267232/https://www.flickr.com/photos/60064824@N03/5486338. What did the Nazis begin using gas chambers instead of mobile killing units and shooting squads after a while? However, re-election concerns may have the drawback of reducing the quality of judges in an electoral system by discouraging qualified candidates who are doing well in the private sector from holding office. "Spanking And Child Discipline-The Pros And Cons". As times change with the generations, these constitutions are often updated. Interestingly, the Texas Judiciary is very confusing. I also share my vegetarian recipes at www.thebusyvegetarian.com. 2023 University of Denver. You can check out the pros and cons and make your own decision. 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. 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. I juggle work, the kid's activities, family life, and blogging. Perhaps that biggest problem with electing judges is that not all elections are the same. their decisions are not based on getting reelected. 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. Voter turnout has decreased in the past years. Appealing to the public is also a double-edged sword. Dallas: Newstex. PDF MEMORANDUM - Txcourts.gov 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. For years many citizens and government officials have fought to reform the system. Why Do We Elect Judges In Texas? | TPR 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. Some critics argue elections create political biases which weaken judicial impartiality. Election: In nine states,. 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. Welcome to A Nation of Moms! Pros And Cons Of Judges For Their Political Agenda And - StudyMode Obedience of the law is demanded; not asked as a favor,(1) was said by Theodore Rosevelt in regards to how important the law is to a country. I agree with your point of view on the pros and cons on electing judges. Though he accepts that life tenure has been established as a common good in the past, he feels that the interpretation of the clause ought to be updated. There are no pros or cons. Let's take a look at open vs. primary elections, which select the nominations of parties participating in the general election. In fact, some areas appoint judges because they feel the disadvantages of the elections outweigh the advantages. 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. It would be pointless to incur the costs of an election campaign for a part-time judgeship. The people most likely to have insight into a judge are going to be those that work with them regularlynamely, attorneys in the system. Please describe what happened and, Describe the characteristics of the state bureaucracy.Have you ever had a frustrating experience with a state agency, such as the Department of Public Safety?Please describe what happened, and how/if, Describe the sessions and salaries in the state legislature. 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. States began to create their own constitutions. Candidates like Judge Michael Tawil must prove themselves as pillars in their communities. 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. How could a Justice rule accurately to what the people need and what is fair if they do not listen to what is being needed or even outright reject something only on the grounds that their personal beliefs deem it wrong? But if I were in the courtroom, I would want the judge to have the same viewpoints as I do. 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. And when difficult and unpopular decisions have to be handed down, the public is far more likely to accept them graciously. Elections ensure that judges are accountable to the people. "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.". Elections ensure the independence of the judiciary. Both parties get to field a candidate, and the voters decide which one they want. Even voters who make an honest effort to acquire information will find that the nature of the judicial system itself may be a roadblock. These philosophies are depended on the justices personal experiences and ideologies they grew up with. A Jury is a group of citizens which hears the testimony in legal disputes and determines what it believes is the truth. It's all too easy for an unelected judiciary to lose. 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? t(tqT w7Q7#MP}Rg:yfQw%zas$mn"03(o6!5_LEq. RLMR0VXC:L[lGf bha3jRUfB+B";7|sW!z"9f+4S ] she asks. Only six states, including Texas, elect justices in a partisan race. Judges who are appointed are more likely to be highly qualified than elected judges. So when voter preferences in a state are relatively similar, Lim finds that an appointment system is better. "How many voters are smart enough to interpret legal decisions and judge the judges?" In the case of state court judges, for example, elected judges are far more variable in their sentencing than appointed judges, according to a new study. Others argue elections provide a way for the people to hold judges accountable and that the key to keeping courts fair and impartial is by educating the public. Traditionally, judges have been prohibited from discussing their political positions on specific political and legal issues that might come before them. The Texas Constitution builds up six types of courts, some of which have simultaneous or overlapping jurisdictions. This has been enhanced by the process of . Wallace Jefferson, who was Supreme Court chief justice from 2004 to 2013, was fairly blunt about his distaste for the way judges are elected. There are 3 main reasons why the jury system should remain an option., Methods of judicial selection vary substantially across the United States. This means interacting with their districts and providing plans on how they intend to handle the cases that come before them in the courtroom. 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. Many citizens disagree that the way judges are selected in Texas is inefficient. What are the Biggest Problems with the American Jury System? A partisan election is in which a party label appears on the ballot. 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. In the rest of the world, its incredibly rareor unheard offor people to directly pick their judges. PRO/CON: Should judges in Texas be appointed or elected? the time of effectiveness. Pros and Cons. The first problem goes to the availability of information. Election: In nine states, judges run as members of a political party. It is inconsistent with Article Three of the Constitution -that applies to federal appointments to the Bench. 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.". Pros and Cons of Partisan Election of Judges - Free Essay Example Depending on where you live, you might even be electing judges this year. 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 Each has its advantages and disadvantages. Many critics have claimed that a partisan election for judges have more negatives than positives. Federal judges are appointed by the president and confirmed by the U.S. Senate. What is the labour of cable stayed bridges? Also, voters need to know the background information on the judges instead of randomly picking whoever they want to, base on their indifferent feelings. 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). Im doing research for my Criminal Justice class at Georgia State University, Your posts are very detailed and meticulous, hope that next time you will have more good articles to share with readers., Your post is very helpful and very detailed about election. Lol I must admit I am one of those who feel that judges and other government officials are in the pockets of large corporations. Elected judges are better than appointed judges at campaigning, raising money and television. One problem with elections is that many judges never need to run against an opponent. 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. In 12 other states, judges are elected, but the elections are nonpartisan, which means the judges do not reveal their political affiliation. The 2020 election year is well underway, which means youve probably been considering where to cast your vote. But elections of public officials such as judges may have serious drawbacks. What are the pros and cons of judicial elections? Report earnings to the state, bill says. 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. \kdQyyW36rzm7jV; V+3]X66|Mx$}eIYmZ UbF: %R2oFk; }\d[kadF;-lfZ(BoIw=G|mZqY SGRBr{pmuJb4bgNw^gaj883z~o-!${XtK60uSX1ht_i-Zk(~$Cq:"&~P4\&"BXX?W/F=00p t;kiR]nIp[&tk What are the pros and cons of elected judges? - eNotes.com % Under Partisan elections, Judges are chosen by the general population and candidates are voted for alongside political affiliations. Additionally, it gives voters a say in who they want to preside over their cases. Constitutional Amendment A. 4hMWV5Pfu9oUc@+ -CK})_$].. One study reviewed death penalty appeal cases across the country over a 15-year period. Thanks, I honestly support the idea of voting for judges. Should judges be elected by the public? Let's break it down It features five layers of courts, several instances of overlapping jurisdiction, and a bifurcated appellate system at the top level. Compared with the federal system one Supreme Court, the Texas Constitution builds up two high courts, one to hear common cases and one to settle criminal cases. . The liberal judges believe that the U.S constitution is a living document. 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. The Pros and Cons of Electing Judges - A Nation of Moms We should adapt to climate change rather than avert it. Judicial Elections: Pros & Cons of Electing Judges. Additionally, many also feel there isnt enough separation between the branches of government and that checks and balances do not work correctly. 7 Pros & Cons Of Supreme Court Justice Term Limits For You To - Bustle 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. The German immigrants, the largest group of European immigrants to come to Texas, came for affordable, fertile land, but they were also forced out of the overpopulated Germany that had become overrun by industry. 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. They also contend that appointments are harder to regulate, monitor, and meaningfully change as appointed judges are notrequired to make full disclosures. Each has its advantages and disadvantages. Not all areas elect them, though. 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. European immigrants were sometimes pushed out of their homelands, and other times, came in hope for a better life. The current version of the Texas constitution is the six version by which it has been governed under since it was framed by the Constitutional Convention of 1875 and adopted on February 15, 1876. O&r 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. 2. Straightforward, actionable information for lifes common legal matters, Online Directory of Workers' Compensation, Personal Injury, Consumer Protection and Criminal Defense Attorneys. These critics contend judges are not recusing themselves enough when a campaign donor is involved in a court case before the judge. PDF The Controversy Over Electing Judges and Advocacy in Political Science* 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. Texas has trial courts and appellate. (Aug. 8, 2012) While judges do not run on a political platform like politicians, it still is the same election process and same atmosphere. We find some are on the liberal side, some are conservative, while others are more on the moderate side. What are the pros and cons of the state judicial elections in - Quora When drafted, the conditions used to help shape the writing of the constitution were very different, especially for the old Confederacy. France was also encouraged by a piece of writing- The Republic of Texas Treaty with The Kingdom of France, signed in 1840. This confuses the voter like I mentioned before and makes them not want to go out and vote. Is the singer Avant and R Kelly brothers? 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. the election process is the only check and balance to counter purely political appointments, whether the appointee is qualified (or not). The two most common methods of selecting state judges (as opposed to federal judges) are election and merit selection. A majority of states in the U.S. have elections for judges at the state and county levels. Election Resources: South Dakota Secretary of State pros: people have the power if you are electing the judge cons: corrupt and you don't know much about the judges running. Lim points out that governors have an advantage when appointing judges because they are likely to have more accurate information about the political preferences and sentencing approaches of a candidate than is generally available to voters during a campaign. The federal judiciary is straightforward and methodical, with three levels of courts which include, district courts, appeals courts, and the U.S. Supreme Court, the last word on all statutory and protected matters. The Pros And Cons Of Electing Judges - 114 Words - StudyMode Texas Judicial System Pros And Cons Essay - Summaries & Essays In New York for example, all trial court judges partake in partisan elections with the exception of family courts judges. In the past, Hecht was a partner in what is now known as the Locke Lord firm, practicing mainly in the area of general business and commercial litigation. Thanks for the information. There are more than 3,000 elected judges in the state. Our Chief Justice of our great state Texas has had an economic and societal impact involving the growth of legal aid funding involving poverty. Should Supreme Court justices be elected? I'm Marysa, a busy mom of two girls, and our family lives in Upstate NY. He asserts that the good behavior clause in Article iii of the constitution is not clearly spelled out and is therefore subject to interpretation. 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. 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. The Pros and Cons of Electing Judges Election Means Accountability to the Public. The chances of the voting process In early 1900's, faded and became the democratic party. The University of Denver is an equal opportunity affirmative action institution. What's The Deal With Texas' System Of Electing Judges? The lack of opposition means that the accountability described above is eliminated altogether in some situations. In opposition to most states, Texas is one of a handful to do partisan elections to vote for judges. The two most common methods of selecting state judges (as opposed to federal judges) are election and merit selection. Have you ever had a frustrating experience with a state agency, such as the Department of Public Safety? There are two main factors that have been coming up in the past years. Jury trials should remain an option. I will now examine some of last election year's results. 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. 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. Within the older system, only Barristers can can become judges. many life appointed judge should retire but remain in office past The Problem with Judicial Elections | Lambda Legal

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