Linda B. Glaser is staff writer for the College of Arts and Sciences. Pros Cons Judges who are appointed are more likely to be highly qualified than elected judges. Helps lessen the problem of overpopulated prisons. Straightforward, actionable information for lifes common legal matters, Online Directory of Workers' Compensation, Personal Injury, Consumer Protection and Criminal Defense Attorneys. Retrieved from, com.ezproxy1.apus.edu/docview/873788499?accountid=8289. First, many citizens say that who is elected in office is not as important as it once was. We find some are on the liberal side, some are conservative, while others are more on the moderate side. What is the reflection of the story of princess urduja? The Death Penalty allows families that have been suffering some closure. However in most cases, these judges are consistent and accountable. The two most common methods of selecting state judges (as opposed to federal judges) are election and merit selection. "We should focus more on designing a good system that reflects these lessons from the data," she says. . Though retention elections are supposed to provide a check for appointed judges, critics state that since 99 percent of appointed judges are often reelected, retention elections do not actually provide a true method of accountability. Such lawyers would be likely to serve in an appointed system, however. This sions, particularly whether judges should adjust their behavior to constituency prefer-ences in matters where they have discretion. 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. Your Child", "Spanking Your Kids: Discipline or Abuse", and This treaty communicated the amity between the two countries. The jury system could be helpful, but it can also be a huge problem in a serious case. The 2020 election year is well underway, which means youve probably been considering where to cast your vote. 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. Many people feel that judges and other government officials are in the pockets of large corporations. Pros And Cons Of Partisan Media; Pros And Cons Of Partisan Media. 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. 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. Full transparency is essential. European immigrants were sometimes pushed out of their homelands, and other times, came in hope for a better life. 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. Let's take a look at open vs. primary elections, which select the nominations of parties participating in the general election. A few legislative activities oblige changing the Constitution, that also needs special established constitutional amendment elections. | Editorial, After 2 failed challenges, Hillsborough school board to rule on This Book Is Gay, State post leaves surgeon little time to rest. have a law-degree but some judges started off by being a lawyer before becoming a state judge. The Texas judicial system has been called one of the most complex in the United States, if not the world. It isn't bad for a judge to have a different viewpoint than someone else. "Spanking And Child Discipline-The Pros And Cons". 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. Why do we do this? 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. One study reviewed death penalty appeal cases across the country over a 15-year period. % We should adapt to climate change rather than avert it. Many endeavors for reform of the constitution. Dallas: Newstex. 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. Like many states, the Texas constitution is rigid and includes to many explicit details. 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. France was also encouraged by a piece of writing- The Republic of Texas Treaty with The Kingdom of France, signed in 1840. x]}[$@ssbqn<9*'_ d7u\.\1?9Toy]u;x(|cu*gO`9O~_~sz`O>9~qwzYr7t.+S/[k;yQ7K/gOwo\Ntc_^w8SNBh4O6;xWM{(^Bw])SvoSWeO6z6u0s3]KG* H>qNxm\}6c.LXYF.S_UL$n`+~:?jlA}E{g30L2E:/ajiU Ym7&FXzVmCY[(OUdRQi3RuPd_&[ [u:^(N~%iH1dah3uY-e34Hb {IPp?~O'tUDdTVVgB t &J9h(-SyQNB(Q2!$Api 1 u[[4DZ{&BQ6Xy>9P%(S!cI]"_i(=&^Jv:d8kI%H $Y U2yc0n#y&9g ]>p~} i`Cm>ei3hYam gk?aF@B7 Im doing research for my Criminal Justice class at Georgia State University, Your posts are very detailed and meticulous, hope that next time you will have more good articles to share with readers., Your post is very helpful and very detailed about election. Others argue elections provide a way for the people to hold judges accountable and that the key to keeping courts fair and impartial is by educating the public. Wallace Jefferson, who was Supreme Court chief justice from 2004 to 2013, was fairly blunt about his distaste for the way judges are elected. Is Capital Punishment in the United States justified? The Texas Constitution builds up six types of courts, some of which have simultaneous or overlapping jurisdictions. He then secured his fifth six-year term on November 6, 2012. 4hMWV5Pfu9oUc@+ -CK})_$].. Routing number of commercial bank of Ethiopia? I'm Marysa, a busy mom of two girls, and our family lives in Upstate NY. Many Texas judges will tell you privately that they hate the state's partisan system. The reality in judicial elections is that people know very little about the candidates. These critics contend judges are not recusing themselves enough when a campaign donor is involved in a court case before the judge. In your opinion,does our state legislature work for the needs of the citizens of Texans? After Jefferson left office for retirement, Nathan Hecht became Chief Justice of Texas on December 31, 2014 and will have his term ending on December 31, 2020. And also to protect our Supreme Judges from political pressure. Describe the organization of county governments and the various types of city governments. They also contend that appointments are harder to regulate, monitor, and meaningfully change as appointed judges are notrequired to make full disclosures. Appointments are a more efficient mechanism for selecting judges than elections. 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. Each of these types of election of judges presents advantages and disadvantages over a pure judicial appointment system. The liberal judges believe that the U.S constitution is a living document. 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. There are several different versions of the plan, but the general idea is that instead of each justice being nominated, confirmed, and appointed for. Is the singer Avant and R Kelly brothers? 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. 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. the time of effectiveness. It would be pointless to incur the costs of an election campaign for a part-time judgeship. The jury system provides a definitive conclusion to the innocence of those who have been accused of a crime. As times change with the generations, these constitutions are often updated. 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? The current Chief Justice of Texas, Nathan Hecht is a Republican from Dallas, Texas. 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. 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. 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. In Texas, we elect our judges through a partisan election. Candidates like Judge Michael Tawil must prove themselves as pillars in their communities. 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. 2002 Pros & Cons and Attorney General Explanations. t(tqT w7Q7#MP}Rg:yfQw%zas$mn"03(o6!5_LEq. RLMR0VXC:L[lGf bha3jRUfB+B";7|sW!z"9f+4S ] But elections of public officials such as judges may have serious drawbacks. The Texas court system has two types of courts. Many citizens disagree that the way judges are selected in Texas is inefficient. Guest columnists write their own views on subjects they choose, which do not necessarily reflect the opinions of this newspaper. Merit selection: Merit selection was devised as a means of separating judges from the election process. Interestingly, the Texas Judiciary is very confusing. I agree with your point of view on the pros and cons on electing judges. There are two main factors that have been coming up in the past years. she asks. November 5th, 2002 . There are no pros or cons. Federal judges are appointed by the president and confirmed by the U.S. Senate. Many arguments bring to light the benefits and drawbacks of each system, critiquing the justness, dependability, and impartiality. For its people to have these liberties, the original colonies created a central government in the form of the constitution. The structure of the system is laid out in Article 5 of the Texas Constitution. Perhaps that biggest problem with electing judges is that not all elections are the same. pros: people have the power if you are electing the judge cons: corrupt and you don't know much about the judges running. . Only six states, including Texas, elect justices in a partisan race. It is inconsistent with Article Three of the Constitution -that applies to federal appointments to the Bench. There are numerous varieties of election races in Texas. Want to get paid to blog about DeSantis? Florida gun owners should be held responsible for securing their weapons | Letters, How about spending more on preventing crime? Voter turnout has decreased in the past years. There are 3 main reasons why the jury system should remain an option., Methods of judicial selection vary substantially across the United States. The impact would be enormous if the Supreme Court justices had to be elected to office by the people. What is the answer punchline algebra 15.1 why dose a chicken coop have only two doors? The lack of opposition means that the accountability described above is eliminated altogether in some situations. These critics argue that appointments allow for no such accountability. 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. All rights reserved. But if I were in the courtroom, I would want the judge to have the same viewpoints as I do. Find their verified websites and social media accounts, read past news stories, and learn where they stand on the issues that are important to you. Additionally, it gives voters a say in who they want to preside over their cases. Also, voters need to know the background information on the judges instead of randomly picking whoever they want to, base on their indifferent feelings. What Can I Expect at a Mediation Session? In the next paragraph I will discuss why I think judges should be decided by partisan vote. The United States of America was formed through struggles and the want for liberties of its people. w69"""eUFeyj@uf$}KxPg?>(JEz Q3E!8(-iOBEwk^7/!=t%[ This confuses the voter like I mentioned before and makes them not want to go out and vote. This means interacting with their districts and providing plans on how they intend to handle the cases that come before them in the courtroom. What are the Biggest Problems with the American Jury System? Understanding the Alternatives to Foreclosure. Appointing judges further perpetuates that belief. Another advantage sometimes discussed with respect to having some form of election of judges is that such systems promote a more dynamic, responsive judiciary. But if I were in the courtroom, I would want the judge to have the same viewpoints as I do. Jell-O Simply Good: No Artificial Dyes, Colors, or Preservatives! <> "Hot coffee" shows other side of "frivolous" lawsuits, New HBO film "hot coffee" shows texas' role in campaign to limit lawsuits against business, (2011). 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. 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 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. For years many citizens and government officials have fought to reform the system. "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. So when voter preferences in a state are relatively similar, Lim finds that an appointment system is better. In New York for example, all trial court judges partake in partisan elections with the exception of family courts judges. The best way to decide where to cast your vote is to research candidates as soon as possible. When drafted, the conditions used to help shape the writing of the constitution were very different, especially for the old Confederacy. This means that the Constitution should be open to modification and modernization according to the demands of contemporary times. 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 . Secondly, younger Americans are more cynical and disconnected from politics than ever. A majority of states in the U.S. have elections for judges at the state and county levels. 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.
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