The Judicial Process

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.

There four possible ways of reforming the system: Nonpartisan elections, Legislative election, Merit selection and Gubernatorial appointment. Nonpartisan elections are similar to partisan election as judges will be elected directly by the people. However, in nonpartisan election candidates are listed on the ballot without a label designating party affiliation. Nonpartisan elections can minimize the involvement of interest group in the campaigning process. However, In the absence of party affiliation, issue-based campaigning will be popular. The other solution to Texas’s judicial flaws is a Legislative election. In this system, judges will be selected by the state legislature. In spite of that Legislative elections can potentially create a judiciary primarily made up of past

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 courts play a huge role in the criminal justice system. The dual court system of the United States (U.S.) was established through the U.S. constitution. The court systems have a multiple purposes and elements of court. Federal and state court system is what makes up the dual court system of the U.S. Today the U.S. court system is what it is today because of previous legal codes, common law, and the precedent it played in the past. Making the U.S. court system a vital role in the criminal justice system..

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.

In opposition to most states, Texas is one of a handful to do partisan elections to vote for judges. 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. Some argue the system should change because of possible bias both by the electorate and of the judge, others contend it is necessary to know what party the judges affiliate with in order to know what way they lean may lean in their final judgement. Many arguments bring to light the benefits and drawbacks of each system, critiquing the justness, dependability, and impartiality.

The election of judges can initially affect the way justice in Texas is seen by not balancing the true equality of the justice system. Choosing the incorrect person for a high power position, such as someone determined to play God like Adolf Hitler, can and will affect the community tremendously. Experts from the Center for American Progress say “…judges are expected to be true to the law, not to political parties or campaign contributors.” (Corriher, Web) Other ways it affects Texas is through the jurist’s quality of votes, especially through partisan elections. They may be able to see who they are voting for, but only base votes on what appeals to them. The Center for American progress addresses this by commenting how, “…voters tend to vote for the judicial candidates from the party with which they are affiliated.” (Corriher, Web) Elections can take a toll on Texas

The term of the judges differs based on the level while all judges have to re-run to continue serving in the courts (Laska, and Tennessee 2011). The term of all judges in Texas starts in first of January. The appellate courts serve six years term, which one can re-run for another term to continue giving services to the public. Chief Justice in the country is selected by voters and serves for a term of six years. These judges should be graduates of accredited law school. They have to be US citizens. They should also be residents of Texas State, a licensed lawyer in the state. The candidate must be a practicing judge or lawyer for not less than ten years. In addition, all judges must be 74 years and

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.

The Supreme Court of the United States is perhaps the most eminent judicial branch in the world and has served for a model for justice and democracy. However the Court is not exempted from scrutiny, and critics question the increasing politicized nature of the Court, from the appointment process to the nature of their decisions in landmark cases like; Dred Scott v. Sandford, Roe v. Wade to Bush v. Gore. Based on empirical evidence, this essay argues that the United States Supreme Court today is severely influenced by politics and not as much by law- at least in practice. Indeed, robust partisanship of the political interests of the President and Congress imposes on the constitutional function of the Court.

The system of appointment has been subjected to critical scrutiny. The major weakness in the judiciary was appointments can only be made upon the recommendation of the Prime Minister . Most of the appointees are appointed through the judicial and legal service not from the Bar. This situation had led to the conflict of interest. For instance, in the case of Dato’ Seri Anwar Ibrahim v Public Prosecutor , the court held that the actual appointing authority is from the Prime minister. In the other words, the Yang di- Pertuan Agong acting on the advice of the Prime Minister as according to Art 122B of the Federal Constitution. If the Conference of Rulers did not agree or withheld its view the prime minister still could insist on the appointment of judge. This is because the appointment of judges is a matter between the Yang di-Pertuan Agong and the prime minister only. Therefore, in the system of appointment, it is recommend for the character and ability of the prospective candidates to consult the view from the Bar council. An impartial commission should be

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

The United States court system is the institution were all the legal disputes in the american society are carryed out and resolved. However, one single court is not enough to resolve every single dispute in society and that is why the court system is made up of two different courts, the federal courts and the state courts. Moreover, the federal and state courts are made up of several divisions made to handle legal disputes differently depending on its seriousness. For example, the state court is made up of trial courts of limited jurisdiction and probate courts were cases and disputes originate and then move up to trial courts of general jurisdiction, intermediate apellate courts, and courts of last resort respectively depending on the case.In contrast, the federal court consists of district courts, territorial coutrs, tax court, court of international trade, claims court, court of veterans appeals, an courts of military review which then move on to courts of appeals respectively and may ultimately end up in the United States supreme court. In addition, cases from state court may also appeal into the federal court system but not the other way around.

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.

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.