The Judicial Process

Decent Essays
Introduction How judges are chosen to sit on the courts in each state within the United States is different and in some places very controversial (Magelby, 2014). Currently, in the United States, we have five processes of how a person is appointed to the state courts. 1. Elected by a popular vote during state election cycles and have differing terms of office. The popular vote process is in twenty-one states. 2. Elected by the State Legislature, again having varying terms of office. There are seventeen states using the State Legislative process. 3. The Missouri plan, is a process of picking judges with a combination of appointed and elected methods (Magelby, 2014). An example of a Missouri plan is when a judge vacates an elected office…show more content…
As each specific geographical area of the United States became a state, the people wanted and set the process to assure that the judiciary was separate and independent of the executive and legislative branches and to fairly elect the judges to office, like other political offices. Unfortunately, with this process, such independence allowed to judges that have been influenced by the electorate has been looked upon by some special interests sources as influence of judicial candidates, and thus have produced problematic issues with the popular election process of Judges (Constitution Project, 2000). These issues include concerns of judicial independence and accountability as it relates to judicial elections. The political processes can produce influences through financial contributors, that can also, put the judges in positions of making decisions based on contributions and influence from outside influences (Geyh, 2003). As Geyh, has discussed in his article, there has been judicial cases that Judges should of pull themselves out of the court actions and had conflicts due to outside influences and have not pardoned themselves, thus causes controversial and sometimes illegal judicial complications (Geyh, 2003). As part of the above statement related to elections, the election process has become a process to exploit and retool judicial systems in negative manners. Many times an election process can…show more content…
Although, the appointment processes are partisan as well as the election processes, it is important to have clear qualifications of Judges, clear policies that define who can and can’t be appointed to the bench. Additionally, with all the severe ethical breaches and lack of accountability, it would be good to have some type of reform to assure proper Judges are in place to affect proper judicial processes without conflict of interests. Although, many people believe in electing the Judges, we still elect the Governor and Legislators, thus we will still have some type of influence to the appointments of
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