Why State Judges Should Be Appointed Or Elected?

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.

Texas has a controversial way of electing its judges. When Texas became a state in 1845, judges were appointed by the governor with Senate consent, but since 1876, judges at all levels of courts have been elected by the people in partisan elections. The main problem with this system is partisan elections lead to more campaign contributions and increased partisanship among judge which hinders fair and independent judiciary system.

In Supreme Conflict, Jan Crawford Greenburg provides insightful analysis and assessment of the politics surrounding the Supreme Court appointment process of Justices during the Rehnquist Court. Despite having seven conservative nominees the Rehnquist Court was deeply disappointing to those conservatives hoping to reverse decades of progressive rulings on key social issues. Throughout the book Greenburg describes both positive and negative appointments and nominations such as Anthony Kennedy Clarence Thomas, and David Souter. Greenburg also includes some background on the impact the Warren and Berger Courts had on the Rehnquist and later Roberts Courts.

One example of these courts is the Commissioner's Court. The commissioner's court is defined as, "the legislative body that governs a Texas county." (The State of Texas, Government, Politics, and Policy, page 178) Despite the name, the commissioner's court is not a court system. It is actually a legislative body. Another important part of the judiciary branch of Texas government is the Sheriff. The county sheriff, in many cities, is the head of the police department and controls the county jail. This position is very important for these reasons and more. More examples include the district and county attorney, the county tax assessor/collector, the county and district clerk, the county treasurer, and the county

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

In the State of Texas, we have a rather odd way of selecting which judges will and will not be able to have a job in the State of Texas. The way we select them is the same way that we decide who is going to be the governor of the State of Texas, we elected them. There are many flaws with choosing election as the way of picking who will be judges. Some of the flaws are that there will possibly be a lack of minority chosen, voters tend to know little to none information about the local election let alone the candidates up for judges, and finally people contributing to campaigns. While few people know that this how we elected judges in Texas, but even fewer realize the consequences the will continue to pile up if we do not do something to put an end to this ludicrous way of choosing an influential position of office.

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

The Texas court system has two types of courts. Texas has trial courts and appellate

The Texas judicial system has been called one of the most complex in the United States, if not the world. It features five layers of courts, several instances of overlapping jurisdiction, and a bifurcated appellate system at the top level. The structure of the system is laid out in Article 5 of the Texas Constitution.

In 1822, Stephen F. Austin established one of the first courts in Texas and appointed a provisional justice of peace. Since Texas was a part of Mexico at the time, the Mexican governor replaced the justice of peace with three elected officials. (Utexas) Soon after Independence, the republic of Texas under the 1836 Constitution, established a supreme court and allowed Congress to create inferior courts. Judges in such courts were to be elected by Congress. Counties, at the time, had County and Justice of Peace courts, whose judges were popularly elected. With the entrance of Texas into the Union and the adoption of numerous constitutions during the period, Texas retained a similar judicial structure. The current 1876 Constitution created a

In Texas, we elect our judges through a partisan election. A partisan election is in which a party label appears on the ballot. Only six states, including Texas, elect justices in a partisan race. Many critics have claimed that a partisan election for judges have more negatives than positives. Due to their affiliation with a party, they are not fair and biased. However in most cases, these judges are consistent and accountable.

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

NPR’s legal affairs correspondent, Nina Totenberg, described a “horrible political storm” brewing over the Supreme Court of the United States (“CNN,” 2016, p. 1). While reporting for CNN, Totenberg used these words to draw attention to the untimely death of Justice Antonin Scalia in an era of modern politics in which the court has become more polarized than ever. The Supreme Court, the highest court of the land, is not only being severely impacted by partisan ties, but is now also deciding cases according to these biased beliefs. The Democratic and Republican parties, after corrupting and encroaching upon the federal judiciary, have made court nominations and rulings into a game of party politics, inevitably destroying the impartiality of the

.tx.us/AboutCourt.htm). It is not allowed to hear criminal cases. These cases are the responsibility of the Court of Criminal Appeals is the highest state jurisdiction for criminal appeals. All cases in which the death penalty has been sentenced, the case is automatically sent to the Court of Criminal Appeals (cca.courts.state.tx.us/). Also, the Court may choose on its own to hear a case. It consists of nine members, a Presiding Judge and eight associate Justices. The judges who serve on appeals courts are collectively known as appellate justices. The Chief Justice of the Texas Supreme Court is Thomas Phillips (supreme.courts.state.tx.us/justices.htm). The court is comprised of five white males, three white females, and one African-American male (http://www.supreme.courts.state.tx.us/AboutCourt.htm). In addition to the

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.