Texas is one of seven states that elect judges in partisan elections. Judicial selection begins with partisan elections and notable amounts of money for campaigning in order to win the election or reelection. Partisan elections influence the electorate in a consistent party label voting procedure. With the present day option of split-ticket voting, the electorate can simply vote for their party. Judges are removed only by failure to be reelected by the Supreme Court due to incompetence, official misconduct, negligence, or by impeachment from the House or trial in the Senate with a two-thirds vote. As a result, voter knowledge, partisanship, and campaign contribution are all factors that need to be reform in the state of Texas.
The judicial selection shows an issue based on partisan elections for a six year term, they appeal to huge business interests and long ballots. Due to the lack of knowledge in candidates, it leads to letting the big businesses and interest groups choose judges that will benefit them. According to the candidates, they would want to spend as much money they can to get their name out into the public eye. With the campaign contribution, money plays a major role in the partisan elections. It leads to long ballots causing problems for citizens in terms of elections. Voters are able to partake in the straight
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County courts require you have to be twenty five years of age, serve as a judge or practiced law for four years, be a county resident for two years, and a licensed attorney in Texas. With District courts, those in charge are twenty-five years of age, have been a licensed attorney, practicing lawyer or judge for four years, and district resident for four years. Given those facts, almost any citizen can become a judge in
The other issue, of where the money is coming from to support these campaigns is an important question to address. Because state judges cant legally run a campaign like any other candidate. For example that can’t make campaign promises that could affect the outcome of certain cases as a state judge. So a major disadvantage for electing state judges is the possibly that it could lead to political bias and to unlawful decisions in state courts. An example of this happening was mentioned in the judicial process book, a West Virginia oil company executive contributed 3 million dollars to the election of Ben Benjamin. Once Judge Benjamin was elected he decided to overturn a judgment that had been made against the oil company before his election. The Supreme Court ruled that this was unconstitutional and that any extreme donations made for the election of a state judge is unlawful because it could lead to political bias and threatens a fair trial. This shows the downfalls of this election process. I think most states have chosen to keep this system because it’s a much easier process then the
In my analysis of the Texas Constitution I will assess the three branches of our State Government, the Legislative Branch, Executive Branch and finally the Judicial Branch. Our State Government resembles our National Government in various ways but also in very different ways which we will review in this essay. I will identify a handful of criticisms and problems associated with the provisions in each of these branches of our State Government and identify suggested reforms that many feel are needed.
I think judges should be decided by partisan vote. They are very high in rank and should be on the ballot when the governor or senators are being elected. This would be like killing two birds with one stone and it would probably cost less. As a result time and money would be saved. That is why I think they should be decided by
When Texas became a state in 1845, judges were appointed by the governor with state consent, but in but since 1876, judges at all levels of courts have been elected by the
In the following essay I will be talking about the disadvantages and advantages of partisan elections for state politics. I will also examine the last couple year’s election results and costs. Finally, I will discuss if partisanship made a difference in the vote, as well as if a judge should be decided by partisan vote. In the next couple paragraphs I will talk more specifically about these topics.
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.
There are numerous varieties of election races in Texas. The state Constitution and the political society in Texas together have made a framework of our legal system that welcomes Texans to pick applicants for a great numerous public offices in all levels of the government inside the state. 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. A few legislative activities oblige changing the Constitution, that also needs special established constitutional amendment elections. Numerous metropolitan and other local offices are filled
The first part of this essay will provide a brief insight into the history of the Supreme Court, the original intentions of the founding fathers and a discussion on how they idealized the relationship between politics and the law. The second section will explore how the contemporary process to which judges are appointed has become significantly influenced by politics. The third section will discuss how the Supreme Court overstepped its boundaries on constitutional interpretation in the Roe v. Wade case. The final section will unpack the importance of partisanship and ideological politics and discuss how it impacts the function of the Justices in their
The judicial selection process can be complicated at times, and different states have different stipulations as to what needs to be required to be a judge. In recent years, proposals have been introduced by legislators, governors, courts, and citizens' groups in nearly every state to limit the role of politics in the selection of state judges (global reach com, 2016). In numerous states, there is more than one method used when it comes to selecting a judge. The judicial process in the state of Alabama requires special schooling and obligations to become a judge. Judges in Alabama are selected in the partisan balloting (globalreachcom, 2016). The Alabama Constitution implements necessary qualifications before an individual is selected to be a judge.
Interestingly, the voters were in charge of voting for the judges in an election. This mode of judicial election has its benefits in that the public would choose someone they felt was fit to hold the post. The fact that the ballot included a “none of the above” option made the exercise more reliable. However, the system has its downside in that the electorate may be swayed politically in voting for a nonpolitical position. The system is inferior to the Merit Plan used by the majority of states in the U.S. According to the system, the candidates are evaluated for their suitability to become judges. The fact that the system is based on the performance of candidates means that it is a good fit for a nonpartisan branch of government (Price 12). The state of Nevada has attempted to adopt the merit-based system, but during all the elections, the voters have rejected the recommendations. Similarly, the state tried several times to establish a court of appeal, but the voters continuously rejected the move. Recently, in 2014, an amendment meant to establish the court was passed giving way to its formation (“State of
Judicial selection is the concept of how judges are selected: either as a form of partisan election or the appointment of a nonpartisan judge. With the help of Andrew Hassen reasons “...that elected judges are more predictable than their appointed counterparts.” (Hassen, 1999). Elected judges are more predictable because they are more likely to rule on a decision based perspective on what the voters wanted when the judge was initially elected. Hassen even makes a further argument that “...if the institution that promotes judicial independence increases uncertainty, more litigation should be found where judges are appointed” (p. 232) The reason for this logic is that people believe that they have a better chance of their side to win given that the judge is supposedly doesn’t have any inclination over one side over the other and they are wiser/professional than others. However, he does note that “As they [judges] hand down rulings over a long span of time; consequently their decisions become more predictable.” (Hassen, 1999, 206) A sense of comfortability comes when people notice patterns in judge decisions and the social and political environment. From his study, he concludes “that judicial independence has a net positive effect on traditional and uncertainty and litigation rates in state high courts, with appointed justices having 40% more utility regulation cases and 10% more cases generally than elected
Judges: Pros and Cons of the Process of Selection, Term Limits, Retirement Needs, and System Overhaul Introduction In recent times, legal and political aspects of the society have witnessed a surge in the debate on procedures that apply in selection, retention, and appointments of staff in the judiciary. While some professionals, politicians, and citizens have supported elections and basis of appointments on merit-based plans, most people have avoided the idea of lifetime appointments (Celeste, 2011). The intense interest is justified considering the significance of Judiciary as a component arm of government in preserving public order and the rule of law. Methods of judges’ selection and the structures and mechanisms under which they serve
In the United States, justices are both appointed and elected based on the state they represent and the level of court. During the colonial era, between 1492-1763, the King appointed all state justices. This appointment system continued until after the Revolution in 1783. With appointment, justices were often viewed as corrupt and incompetent, resulting in the adoption of an electoral judicial system (Berkson, 1980). Not all states adopted this new form of judicial selection. Today, 31 states appoint judges based on the advice presented by the Governor and help from a nominating committee. In some states, judges will actually appoint their colleagues, this form of appointment occurs mostly in Hawaii and Illinois (Berkson, 1980). Some states,
The three such sources I found are “How Judicial Elections Impact Criminal Cases,” “The Interplay of Preferences, Case Facts, Context, and Rules in the Politics of Judicial Choice.”, and The Influence of Retention Politics on Judges' Voting.” The first source, “How Judicial Elections Impact Criminal Cases,” was completed by Kate Berry, a lawyer at New York University, which was published by the Brennan Center for Justice at New York University School of Law, attempted to determine the impact of judicial elections on judge’s decisions. This observational study collected data from the State Supreme Court and other empirical studies searching for similar information. (Berry 2015) The author found that during election years elected judges are more likely to engage in controversial rulings, and are more likely to deliver harsher punishments. (Berry
Political campaigns are very significant in American politics and elections. It is the period before the electorate makes political decisions in the form of elections. The attention of the citizens towards politics intensifies as the date of the elections draws near. The salience of voters improves as the election date draws near and could manifest in the form of increased media attention. Political discussions, campaign interest, strength of the intention to vote, and knowledge about the candidates are other manifestations of increased salience of voters. Another indication of improved intensity is the effort put by the candidates and their political parties in the campaigns. Parties increase their efforts in the