"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. 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. The Texas Constitution builds up six types of courts, some of which have simultaneous or overlapping jurisdictions. she asks. F^J$L0;uv^F-2 zjqh Discuss the advantages and disadvantages of the partisan election. Report earnings to the state, bill says. The United States of America was formed through struggles and the want for liberties of its people. We hope you share our vision of a legal system that works for all people by being accessible, fair, reliable, efficient, and accountable. The ongoing discussion of judicial elections is just one more example. European immigrants were sometimes pushed out of their homelands, and other times, came in hope for a better life. Such lawyers would be likely to serve in an appointed system, however. One problem with elections is that many judges never need to run against an opponent. The problem is basically this: Judges are suppose to be "Independent". 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. 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. 4. I agree when you stated that judges have been elected for their political agenda and viewpoints. Rather than glad-handing politicians to secure an appointment, the aspiring judge must appeal to the people he hopes to serve. The Problem with Judicial Elections. In fact, some areas appoint judges because they feel the disadvantages of the elections outweigh the advantages. 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. In the following, the reasons for having the jury system become an integral part of the Canadian Justice System. Pros And Cons Of Partisan Media; Pros And Cons Of Partisan Media. 2. 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. 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. Wallace Jefferson, who was Supreme Court chief justice from 2004 to 2013, was fairly blunt about his distaste for the way judges are elected. Continue Learning about American Government. Many endeavors for reform of the constitution. What are the Biggest Problems with the American Jury System? Because of issues such as these, we need someone who puts their duties before all. their decisions are not based on getting reelected. Our Chief Justice of our great state Texas has had an economic and societal impact involving the growth of legal aid funding involving poverty. 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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. 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. But some of the state's top judges have spent the last few years publicly asking for a new process. In 12 other states, judges are elected, but the elections are nonpartisan, which means the judges do not reveal their political affiliation. Kialo requires JavaScript to work correctly. "Hot coffee" shows other side of "frivolous" lawsuits, New HBO film "hot coffee" shows texas' role in campaign to limit lawsuits against business, (2011). In the next couple paragraphs I will talk more specifically about these topics. The requirements to become a state judge in the state of Texas is that it is required for a person to. The liberal judges believe that the U.S constitution is a living document. 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. 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. This is especially true during election years. 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 . That figure dropped to 11 percent if you factored in the competitiveness of the election. Each of these types of election of judges presents advantages and disadvantages over a pure judicial appointment system. Another advantage sometimes discussed with respect to having some form of election of judges is that such systems promote a more dynamic, responsive judiciary. Here are some of the pros and cons of electing judges. Busy blogger and mom of two girls! Explain how a bill becomes a law. The Texas judicial system has been called one of the most complex in the United States, if not the world. 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. In New York for example, all trial court judges partake in partisan elections with the exception of family courts judges. Pros And Cons Of Judges For Their Political Agenda And Viewpoints. 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. He asserts that the good behavior clause in Article iii of the constitution is not clearly spelled out and is therefore subject to interpretation. Thanks for the information. Many, In chapter four of Our Undemocratic Constitution, Sanford Levingson addresses the idea of life tenure for judges. 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. Course Hero is not sponsored or endorsed by any college or university. 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.". Finally, I will discuss if partisanship made a difference in the vote, as well as if a judge should be decided by partisan vote. Judges are expected to make decisions,. Some judges in New York State are appointed, but most are elected. what were the pros and cons for the nulification. 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. 0,0 % CQ QXJXX$An>{t_+Q|G^5j&GzdUJqs^Xz1=wb1sx SE&{4627>5Ok !~3vMnk=%tx%{M+w6J|{d$)n20WLw8I2'IQ\agDDb}H48+HH/'5nwKmgO.XLZ8t ^[Z=( Traditionally, judges have been prohibited from discussing their political positions on specific political and legal issues that might come before them. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Hecht is the longest-serving Supreme Court member in Texas history. I agree with your point of view on the pros and cons on electing judges. Also, voters need to know the background information on the judges instead of randomly picking whoever they want to, base on their indifferent feelings. "Accountable" judges would vote strategi-cally by following constituency preferences, while independent judges would vote their own preferences. Each has its advantages and disadvantages. 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. 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. The current Chief Justice of Texas, Nathan Hecht is a Republican from Dallas, Texas. 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. The jury system provides a definitive conclusion to the innocence of those who have been accused of a crime. In Texas, we elect our judges through a partisan election. 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. 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. One proposed change, submitted by Governor Cuomo, would merge most of the maze of lower courts into the Supreme Court, now the . We love traveling and the great outdoors, and are always looking for our next adventure! 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. 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. Get Cornell news delivered right to your inbox. Pros and Cons of the Death Penalty Pros 1. The structure of the system is laid out in Article 5 of the Texas Constitution. They further argue that even if a judge remains impartial, elections create anappearanceof impropriety that damages the public'sperceptionof the judiciary. Dallas: Newstex. While electing judges is not a flawless system, it is better than alternatives. B0QjGgt2Wm)~DJ^$cdqvq- W84A! 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. Learn how your comment data is processed. The system is not liked by everybody because of the way it selects our judges. Have you ever had a frustrating experience with a state agency, such as the Department of Public Safety? This The pros of electing judges in Texas are that it allows for more accountability and transparency in the judicial system. Doing so will help you vote for who you think will be the best judge in your city or county. The Death Penalty allows families that have been suffering some closure. This version of the constitution is based on the U.S constitution that came into play in 1789 since its ratification. According to Professor DeBow of the Stanford School of Law, This democracy business can be a little messy at times. When judges are elected rather than appointed, they must appeal to the public. As a result, the Texas constitution is often ridiculed because of its lengthiness and anonymity that results in frequent constitutional amendments. Is the singer Avant and R Kelly brothers? It would be pointless to incur the costs of an election campaign for a part-time judgeship. Under Partisan elections, Judges are chosen by the general population and candidates are voted for alongside political affiliations. Jury trials should remain an option. It is a neutral holiday. The impact would be enormous if the Supreme Court justices had to be elected to office by the people. 2023 University of Denver. 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. But elections of public officials such as judges may have serious drawbacks. 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. Without Juries in my opinion it would be totally unfair to go off of what one person thinks. <> The people most likely to have insight into a judge are going to be those that work with them regularlynamely, attorneys in the system. 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. 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. Thanks, I honestly support the idea of voting for judges. Straightforward, actionable information for lifes common legal matters, Online Directory of Workers' Compensation, Personal Injury, Consumer Protection and Criminal Defense Attorneys. Judicial Elections: Pros & Cons of Electing Judges. He then secured his fifth six-year term on November 6, 2012. What Does Snapchat Liability Case Mean for Section 230? There probably is no perfect way to select and retain judges, because we don't live in a perfect society. 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. 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. In Legislative elections, selection. _ Gerrie Bishop is the judicial staff attorney for the 5th Judicial Circuit in Brooksville. On this issue, the important point is this: the extent to which . How does one become a state judge in your home state? It's all too easy for an unelected judiciary to lose. 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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. The two most common methods of selecting state judges (as opposed to federal judges) are election and merit selection. | Editorial, After 2 failed challenges, Hillsborough school board to rule on This Book Is Gay, State post leaves surgeon little time to rest. I will also examine the last couple years election results and costs. If you were mayor of your city, what changes would you suggest/recommend? The U.S. is virtually the only country in the world that selects judges by . Some critics argue elections create political biases which weaken judicial impartiality. These are some pros and cons of that plan. 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. Appealing to the public is also a double-edged sword. Federal judges are appointed by the president and confirmed by the U.S. Senate. 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. Some cities, counties, and states use partisan elections while others use non-partisan elections. In Nonpartisan elections: Judges are elected by the population, without any knowledge of their political affiliation. 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. The jury system could be helpful, but it can also be a huge problem in a serious case. It isn't bad for a judge to have a different viewpoint than someone else. Appointment based systems do a better job than electoral systems of keeping the judiciary from being politicized. Many have failed, been rejected and have given up, while others take rejection has a reason to fight harder and fix the Judicial system., We need Justices in the courts to put their jobs and the needs of the people before themselves and any of their personal biases. But if I were in the courtroom, I would want the judge to have the same viewpoints as I do. I'm Marysa, a busy mom of two girls, and our family lives in Upstate NY. Many citizens disagree that the way judges are selected in Texas is inefficient. For its people to have these liberties, the original colonies created a central government in the form of the constitution. Pros and Cons of The Direct Election of JudgesPhotos:https://www.flickr.com/photos/fischerfotos/7526267232/https://www.flickr.com/photos/60064824@N03/5486338. In theory, the concept of electing judges seems fair. Lady Hale in the SC). Additionally, many also feel there isnt enough separation between the branches of government and that checks and balances do not work correctly. They believe that there are certain rules and restrictions that are outdated and should be revised. Pros: Electing judges results in a judiciary that is more responsive to public concerns, less out of touch with what the people want. 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. If they have to run for elections, they are subject to the public for their retention. Routing number of commercial bank of Ethiopia? This means that the Constitution should be open to modification and modernization according to the demands of contemporary times. But if I were in the courtroom, I would want the judge to have the same viewpoints as I do. 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. 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. Though each state has a unique set of guidelines governing how they fill their state and local judiciaries, there are five main methods. 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? t(tqT w7Q7#MP}Rg:yfQw%zas$mn"03(o6!5_LEq. RLMR0VXC:L[lGf bha3jRUfB+B";7|sW!z"9f+4S ] If their terms are 4-6 years, they are also more responsive to public opinion (or at the le. The Pros and Cons of Electing Judges Election Means Accountability to the Public. % The two most common methods of selecting state judges (as opposed to federal judges) are election and merit selection. 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. %PDF-1.4 These critics argue that appointments allow for no such accountability. Like most everything else, the wisdom of the populace directly choosing those that will judge them is frequently debated. Linda B. Glaser is staff writer for the College of Arts and Sciences. Elections ensure that judges are accountable to the people. 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 Voter turnout has decreased in the past years. the election process is the only check and balance to counter purely political appointments, whether the appointee is qualified (or not). 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. General Election Ballot Question Pamphlet . Describe the organization of county governments and the various types of city governments. "We should focus more on designing a good system that reflects these lessons from the data," she says. 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. Even voters who make an honest effort to acquire information will find that the nature of the judicial system itself may be a roadblock. Ever since 1876, it has been an issue on whether judicial selection, the appointment or election of state judges, are even beneficial. If a Republican is elected president, the court could continue to issue decisions that are favorable to conservatives in the many cases it hears. The theme this year is "Celebrate Your Freedom: Independent Courts Protect Our Liberties.". Due to their affiliation with a party, they are not fair and biased. The lack of opposition means that the accountability described above is eliminated altogether in some situations. many life appointed judge should retire but remain in office past Evaluate whether electing judges by district would be a positive or negative change, Describe the characteristics of the state bureaucracy. There are no pros or cons. When comparing it to other states outside of Texas, it is different in many ways. We find some are on the liberal side, some are conservative, while others are more on the moderate side. 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. This means interacting with their districts and providing plans on how they intend to handle the cases that come before them in the courtroom. We love the great outdoors, vegetarian food, camping, travel, swimming, reading, and more.. plus sharing our experiences on the blog! In your opinion,does our state legislature work for the needs of the citizens of Texans? Are the judges in your home state appointed or elected? Each has its advantages and disadvantages. 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. 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. Here are some of the pros and cons of electing judges. It is better if they are appointed. 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. Many people feel that judges and other government officials are in the pockets of large corporations. The current argument surrounding the constitution is whether it is up to date with its amendments or if it should be rewritten. You can check out the pros and cons and make your own decision. 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. For years many citizens and government officials have fought to reform the system. 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 was cherished not only as a bulwark against tyranny but also as an essential means of educating Americans in the habits and duties of citizenship. Constitutional Amendment A. Depending on where you live, you might even be electing judges this year. sions, particularly whether judges should adjust their behavior to constituency prefer-ences in matters where they have discretion. 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. All rights reserved. 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. Texas has trial courts and appellate. Numerous metropolitan and other local offices are filled. The 2020 election year is well underway, which means youve probably been considering where to cast your vote. What did the Nazis begin using gas chambers instead of mobile killing units and shooting squads after a while? 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. Former Justice Sandra Day O'Connor, U.S. Supreme Court 1. ~nFZsB5R3$D= +KnR)~tBn~'l%!Gv Jp=oLH?cK-GeKV'J;1]{^ |cYhWYfZ Pros and Cons. Judicial elections are a unique phenomenon.
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