We love the great outdoors, vegetarian food, camping, travel, swimming, reading, and more.. plus sharing our experiences on the blog! Have you ever had a frustrating experience with a state agency, such as the Department of Public Safety? DeSantis appoints well-connected Republicans to Reedy Creek board, Tampa race has 4 candidates, including 2 council veterans, seeking open seat, High-profile race for citywide Tampa council seat has seen fireworks, Tampa man who was first to face trial for Florida voter fraud in 2020 election gets probation, Christopher Sabella elected as Hillsborough Countys next chief judge, Florida bill seeks death penalty for child rapists, challenging SCOTUS. Online there are the videos called "Pros and Cons of Spanking Dallas: Newstex. 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 Media; Pros And Cons Of Partisan Media. There are 3 main reasons why the jury system should remain an option., Methods of judicial selection vary substantially across the United States. Pros And Cons Of Judges For Their Political Agenda And Viewpoints. 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 pros of electing judges in Texas are that it allows for more accountability and transparency in the judicial system. O&r 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. 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 . Texas has trial courts and appellate. Many Texas judges will tell you privately that they hate the state's partisan system. One proposed change, submitted by Governor Cuomo, would merge most of the maze of lower courts into the Supreme Court, now the . "Hot coffee" shows other side of "frivolous" lawsuits, New HBO film "hot coffee" shows texas' role in campaign to limit lawsuits against business, (2011). All rights reserved. If a Democrat is elected president, the court could shift towards a more liberal direction. Additionally, many also feel there isnt enough separation between the branches of government and that checks and balances do not work correctly. These are some pros and cons of that plan. 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. Amendment A's critics have been implying South Dakota's citizen jurors and judges aren't bright enough to tell a good explanation from a bad one, and . Without Juries in my opinion it would be totally unfair to go off of what one person thinks. What Can I Expect at a Mediation Session?      In the following essay I will be talking about the disadvantages and advantages of partisan elections for state politics. | Editorial, After 2 failed challenges, Hillsborough school board to rule on This Book Is Gay, State post leaves surgeon little time to rest. t(tqT w7Q7#MP}Rg:yfQw%zas$mn"03(o6!5_LEq. RLMR0VXC:L[lGf bha3jRUfB+B";7|sW!z"9f+4S ] Only six states, including Texas, elect justices in a partisan race. Is Capital Punishment in the United States justified? The U.S. is virtually the only country in the world that selects judges by . Find their verified websites and social media accounts, read past news stories, and learn where they stand on the issues that are important to you. In the past, Hecht was a partner in what is now known as the Locke Lord firm, practicing mainly in the area of general business and commercial litigation. Each has its advantages and disadvantages. Discuss the advantages and disadvantages of the partisan election. The chances of the voting process In early 1900's, faded and became the democratic party. Hecht is the longest-serving Supreme Court member in Texas history. This is especially true during election years. This treaty communicated the amity between the two countries. Florida gun owners should be held responsible for securing their weapons | Letters, How about spending more on preventing crime? You can check out the pros and cons and make your own decision. Our Chief Justice of our great state Texas has had an economic and societal impact involving the growth of legal aid funding involving poverty. Describe the organization of county governments and the various types of city governments. The working group was asked to study "the pros and cons of the various methods for appointing judges, terms of office, and the desirability and nature of legislative confirmations of gubernatorial appointments." We met by phone February 4, 2020 and reported our findings to the full Commission on February 11, 2020. ed. Levingston reasons that in spite of judges' terms of service, they "cannot be removed from office for partisan political reasons [;] so long as the judges behavior is within the range viewed as good, that is uncorrupted then they are protected against losing their positions" (Levingson, p.126). B0QjGgt2Wm)~DJ^$cdqvq- W84A! The Texas Constitution builds up six types of courts, some of which have simultaneous or overlapping jurisdictions. Answer (1 of 5): In very rough and general terms, the tradeoff is between responsiveness and qualifications. Not all areas elect them, though. Judicial Elections: Pros & Cons of Electing Judges. 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? Thanks for sharing the details. Many, In chapter four of Our Undemocratic Constitution, Sanford Levingson addresses the idea of life tenure for judges. Rather than glad-handing politicians to secure an appointment, the aspiring judge must appeal to the people he hopes to serve. Some cities, counties, and states use partisan elections while others use non-partisan elections. The concern is that members of nominating commissions may represent special interests and may not be drawn from all segments of society. 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. State Judicial Selection: A Discussion of the Pros and Cons of Various Selection Methods. This means that the Constitution should be open to modification and modernization according to the demands of contemporary times. Perhaps that biggest problem with electing judges is that not all elections are the same. Constitutional Amendment A. 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. The first problem goes to the availability of information. 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. Pros and Cons of The Direct Election of JudgesPhotos:https://www.flickr.com/photos/fischerfotos/7526267232/https://www.flickr.com/photos/60064824@N03/5486338. The theme this year is "Celebrate Your Freedom: Independent Courts Protect Our Liberties.". Appointed judges are appointed for life, so it is possible that \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 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. It isn't bad for a judge to have a different viewpoint than someone else. For its people to have these liberties, the original colonies created a central government in the form of the constitution. "Accountable" judges would vote strategi-cally by following constituency preferences, while independent judges would vote their own preferences. This is to assure judicial independence. Helps lessen the problem of overpopulated prisons. Also, voters need to know the background information on the judges instead of randomly picking whoever they want to, base on their indifferent feelings. It isn't bad for a judge to have a different viewpoint than someone else. If their terms are 4-6 years, they are also more responsive to public opinion (or at the le. Judicial elections are a unique phenomenon. Want to get paid to blog about DeSantis? But if I were in the courtroom, I would want the judge to have the same viewpoints as I do. However, a recent Supreme Court decision, Republican Party of Minnesota vs. White, affirmed the right of judges to speak on these issues. Evaluate whether electing judges by district would be a positive or negative change, Describe the characteristics of the state bureaucracy. As times change with the generations, these constitutions are often updated. Please join the effort by making a gift today. Electing judges has a retention election, which means the voters get to decide whether they want to keep or dismiss the judge, this ability can be beneficial and yet not because if the powers are in the hands of the voters, they need to choose base on an unbias opinion. Each of these types of election of judges presents advantages and disadvantages over a pure judicial appointment system. The two most common methods of selecting state judges (as opposed to federal judges) are election and merit selection. 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. 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You can check out the pros and cons and make your own decision. Jp=oLH?cK-GeKV'J;1]{^ |cYhWYfZ Like many states, the Texas constitution is rigid and includes to many explicit details. Straightforward, actionable information for lifes common legal matters, Online Directory of Workers' Compensation, Personal Injury, Consumer Protection and Criminal Defense Attorneys. They believe that there are certain rules and restrictions that are outdated and should be revised. 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. Pros and Cons. As a result, the Texas constitution is often ridiculed because of its lengthiness and anonymity that results in frequent constitutional amendments. Jury trials should remain an option. Like most everything else, the wisdom of the populace directly choosing those that will judge them is frequently debated. _ Gerrie Bishop is the judicial staff attorney for the 5th Judicial Circuit in Brooksville. Let's take a look at open vs. primary elections, which select the nominations of parties participating in the general election. Your Child", "Spanking Your Kids: Discipline or Abuse", and Full transparency is essential. It is inconsistent with Article Three of the Constitution -that applies to federal appointments to the Bench. Retrieved from, com.ezproxy1.apus.edu/docview/873788499?accountid=8289. 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. 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.". One con is that 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. 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 election process is the only check and balance to counter purely political appointments, whether the appointee is qualified (or not). 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. In 12 other states, judges are elected, but the elections are nonpartisan, which means the judges do not reveal their political affiliation. Appointments are a more efficient mechanism for selecting judges than elections. 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. I will now examine some of last election year's results. 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. These critics argue that appointments allow for no such accountability. 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. Definition. Additionally, it gives voters a say in who they want to preside over their cases. 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. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. But what attorney is going to risk antagonizing a future judge by saying something negative during a campaign? In reality, however, that system is broken. The liberal judges believe that the U.S constitution is a living document. Within the older system, only Barristers can can become judges. It features five layers of courts, several instances of overlapping jurisdiction, and a bifurcated appellate system at the top level. But there is evidence suggesting that what really happens is that judges start to incorporate public sentiment in controversial decisions. 4. 1 / 4. 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. I'm Marysa, a busy mom of two girls, and our family lives in Upstate NY. The University of Denver is an equal opportunity affirmative action institution. They further argue that even if a judge remains impartial, elections create anappearanceof impropriety that damages the public'sperceptionof the judiciary. Appointment based systems do a better job than electoral systems of keeping the judiciary from being politicized. have a law-degree but some judges started off by being a lawyer before becoming a state judge. The current Chief Justice of Texas, Nathan Hecht is a Republican from Dallas, Texas. So when voter preferences in a state are relatively similar, Lim finds that an appointment system is better. 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=( He asserts that the good behavior clause in Article iii of the constitution is not clearly spelled out and is therefore subject to interpretation. Here are some of the pros and cons of electing judges. . In the rest of the world, its incredibly rareor unheard offor people to directly pick their judges. What is the reflection of the story of princess urduja? The jury system provides a definitive conclusion to the innocence of those who have been accused of a crime. But if I were in the courtroom, I would want the judge to have the same viewpoints as I do. 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.