Essay On Judicial Selection Process

In Nevada, in contrast, the State Supreme Court uses a “staggered” system in order to appoint their judges. The judges are selected not by presidential appointment but by “qualified electors of the State at the general election,” and are only allowed to hold their office for a limited period of years. Furthermore, the Chief Justice is only allowed to maintain their post for six years, thus reducing the opportunity to shape the direction of the state’s laws throughout the remainder of their lives.

State court judges are selected in a variety of ways, including being selected by the governor of that State in which they reside or by the state legislature. In some cases, judges are able to run for election if they want to be a judge.

The United States judicial branch to the general American public can seem insulated from politics, because of their adversarial system, that does not allow judges to choose their cases. The judicial branch unlike, their two counterparts, the legislative and executive at large rely on the respect of the American people and the heads of the two other branches. In appointing members of the federal judiciary, Presidents appoint members who resemble their political ideologies and their likelihood of confirmation in the Senate, the Senate confirms these members based on their performance on the litmus test and Senatorial courtesy. Courts, specifically the Supreme Court, make decisions based on the Constitution, but the legislative branch has the

The United States government consists of three main branches: the legislative, the executive, and the judicial. Within the contents of this essay, the judicial branch will be examined. The judicial branch of the United States government oversees justice throughout the country by expounding and applying laws by means of a court system.1 This system functions by hearing and determining the legality of such cases.2 Sitting at the top of the United States court system is the Supreme Court. The Supreme Court of the United States encompasses the federal judiciary, explicitly the judicial branch. This court is comprised of life-long serving Justices who are selected by the President of the United States and approved by the Senate.3 Cooperatively,

Selection of judicial personnel differ amongst states in the united States, as all the states have their unique criterion of selection governing how they fill their state and local judiciaries. The five main methods are: Partisan elections, Nonpartisan elections, Legislative elections, gubernatorial appointment, and assisted appointment.

The current Supreme Court membership is comprised of nine Supreme Court Justices. One of which is the Chief Justice and the other eight are the Associate Justices. The Justices are Chief Justice John Roberts, Jr., and Associate Justices: John Paul Stevens, Antonin Scalia, Anthony Kennedy, David H. Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen G. Breyer and Samuel Anthony Alito, Jr.

The Federal Court System is one of the most essential and significant functions to help settle a matter. Much work is involved in the application of a body of rules and principals of rulings. The path the Federal Courts have to take in order to be heard by the Supreme Court is a lengthy process. Given millions of disputes every year, it becomes impossible for the Federal Courts to be heard by the Supreme Court. The Supreme Court has jurisdictions that limit the variety of cases that are clearly defined in the Constitution. The Supreme Court has developed specific rules that within the jurisdictions will and will not hear. The Federal Court must show they have extreme and substantial evidence in the outcome of the case. In mootness, the Federal

Texas and Tennessee States share some common procedure in selection process since they use the elective method of selection.

Each state within the United States of America (USA) has its own unique judicial selection process within its court system. The judicial processes vary from court to court depending on a particular state. This paper analyses these processes, the qualifications for selecting the judges and the steps for removing judges from office, as it applies in the USA states of New York and Texas.

In consideration when making appointments would obviously be the candidates gender, race (to appease members of less represented minorities), religious affiliation (their stance on abortion et. al), possibility of judicial activism or restraint, and partisan affiliation (get the backing of your own interest groups or to gain support from the opposing).

When a judge is selected through executive appointment, the governor or legislature from the state they are in will choose them from a large selection of possible candidate. Traditionally, this process gives all of the power to appoint a judge solely to the governor. This process is the least effective of all three. There are zero states who still solely practice this method traditionally and there is a good reason for that. Essentially, the governor of a state can purely pick any eligible candidate. A governor could appoint someone that would help them further their political agenda. This is not a reasonable way to select a good candidate. There has to be regulations and systems in place that choose the most qualified candidate. Many states utilize executive appointment but have added methods to keep the governor in check. For example, in New Jersey a governor can

Judicial elections, a process virtually unheard of in any other modern-day democracy, is the most popular method of selecting judges in the United States. The elections are either partisan, requiring the candidates to secure an endorsement by a political party; non-partisan, requiring no political endorsements for the candidates; or retention, requiring appointed judges to face reelection to retain their seats after some time on the bench. Judicial elections were established in the nineteenth century to balance public accountability and political independence of the judges. And, with the settlement of most large-scale controversies ranging from: gun control to desegregation inside courthouses, the process of selecting judges

There are three women on the Supreme Court, one of whom is Latina, and there is one black justice serving on the Supreme Court (Brown, 2016). This is a major issue. The United States, the “melting pot”, has an extreme lack of diversity in their court system. This is an issue that affects several aspects of society. Decisions made by judges will affect the lives of men, women, and their families. The decisions made by judges can also create law. Unlike political officials, the people do not always have the power to vote judges into their positions. Instead, the people hope that their peers with the power to affect the system choose a candidate that will fight for them. Often times, this does not happen.

There are advantages and disadvantages of electing state judges. The advantages of having an election are that in our democratic system the American voters get a say in who will represent them judicially in their state. This is an advantage that most voters don’t take advantage of but for those who do it is an important advantage. Another advantage is that it is simply an easier process. It’s much easier for a state to just add the judicial candidates to the ballot, when there is already an election going on. So it certainly simplifies things in that regard. However there are many concerns that come with the not just the election itself but with the campaign process for state judges. Such as where is the money coming from for the campaign and

Judicial Precedent Setting a precedent is providing an example for others to follow. Legal precedent is however slightly more complicated. It is the term given to a previous decision, a particular stance or view, judge's Statement, or the effect of certain fact(s) present within a past case; which dictates or influences the adjudication or verdict of a later case. Or put simply 'a reason for deciding a particular issue as established by a judge in a previous case'.