Copy. Having heard the judge's address, the Assembly on 7 June 1989 concurred with the conclusions of the Commission and resolved to address the Governor requesting the removal of the judge on the grounds specified by the Commission. As a … Allowing governors to choose their own judges ran contrary to the movement of Jeffersonian Democracy. Our guarantees. Judges should not be elected , in my opinion . Should Judges Be Appointed. Judges should not be elected to serve on the bench because it politicizes criminal and civil law enforcement. And it's not always easy for everyone to do," she says. They are after all impartial, their personal leanings should not matter. Though judges are supposed to give their unbiased opinions of cases based on their interpretation of the constitution, they are required to run under a political party in Texas, leaving many to wonder why this happens. 668 words 3 page (s) In Texas, all judges, including civil and criminal types, are elected in partisan elections. The empirical results do not show appointed judges performing at a higher level than their elected counterparts. Adobe. 583 Words. Unit III “Position Paper” Under Article II of the Constitution, the President has the power, with the advice and consent of the Senate, to appoint Judges of the Supreme Court. Though this system might seem like an efficient way to fill the bench with capable judges, it is actually counter-productive in a state like Texas. In Federalist No. 78, Alexander Hamilton characterized the judiciary as the ________ branch of government. 3 answers. Most political experts explained that judges need to elected because it allows the judicial system to be transparent to the public and this makes the judges more open to the opinion and concerns of the public rather than by just merely enforcing the law at their own confines. Thus the continuing debate over whether judges should be appointed by the governor or elected by the people. SUPREME COURT JUSTICES SHOULD BE ELECTED BY THE PEOPLE. Judges should definitely be elected. In South Carolina, where the judges are appointed by the legislature, a lawyer who is a member of the House or Senate’s legislative committee may appear before a judge when the lawyer has the power to re-elect or dismiss that judge. Appointment based systems do a better job than electoral systems of keeping the judiciary from being politicized. I elaborated on that in the lower part of my answer. Explanation: The role of judge is different from the elected official because judge solved the case by hearing of evidence while the elected official make policy for the agency. Being appointed means it stacks the court in a specific view point but it also means you can be fired at the whim of the current administration. In the U.S.A. federal court judges are appointed. Here are the presentation format requirements: – Length: 600-700 words. Answer (1 of 27): No, for the following reasons (at least): 1. Explain why or why not. Judges should not be elected to serve on the bench because it politicizes criminal and civil law enforcement. Elections are largely in the open and not subject to deal making. Judges in Montana are initially elected on a nonpartisan basis. On the other hand, judges can be elected by their peers. l There is no proof that elected judges are for sale. Federal judges should not have life tenure and the reason goes back to the original text of the Constitution as ratified in 1788 and a pivotal U.S. … 2 Alexander Hamilton explained in Federalist 78 that fidelity to the law cannot be expected by judges who hold their office subject to reelection as the judgesâ fear of displeasing â ¦ Why Judges … Judges are supposed to interpret the law based on how they read and analyze the law. Thanks 2. star_outlined. Second, many of the judges being appointed were unqualified for the position as governors would use the appointments as a way to reward loyal party members or others to whom they owed political favors. Judges should be free of political interference or manipulation when hearing lawsuits . We can't make promises and can't prejudge a case, often what those seeking political office do. That's why the Founding Fathers created a Bill of Rights. The United States Supreme Court Justices have been appointed by the president, with consent from the Senate, since the ratification of the constitution. douwdek0 and 2 more users found this answer helpful. Globalization and technological progress now allow capital to cross borders with unprecedented ease. Judges facing regular elections would not have rendered decisions that ignored such clear legislative language (not to mention basic math or the common meaning of words). Sometimes these decisions will be unpopular. Judges are appointed in Canada. Judges should be selected with the intention of being objective and non-partisan, not elected to implement a particular party's platform. Explain one positive and one negative aspect of the lifetime term of office for judges and justices in the federal court system. When Judge Marion runs, she knows it's difficult for voters to learn about her. 3 Pages. I think judges should be appointed because their position in the justice system are very important in determining criminal and civil cases. They ensure that citizens have choices from all spectra of judicial leanings instead of one-party nominating like-minded justices. Delivering a high-quality product at a reasonable price is not enough anymore. However, judges are unlike other elected officials such as the governor and legislators who can announce how they stand on certain issues. That could create path dependent dynamics and potentially a discrepancy between the ideas and beliefs of these judges and those of society at large. See answer (1) Best Answer. Aug 23, 2010. In fact, during election years, judges are more likely to hand down rulings are too harsh for the crime committed simply because they want to prove to the community that they are hard on crime. The main risk of this process is that justices may end up electing new justices with similar ideology to those already in the Supreme Court. Many years ago a Denver lawyer told me that Colorado lawyers prefer to elect judges because it tends to make the judges accountable and responsible. In South Carolina, where the judges are appointed by the legislature, a lawyer who is a member of the House or Senate’s legislative committee may appear before a judge when the lawyer has the power to re-elect or dismiss that judge. The Clerk Most federal judges exit by way of death or resignation, with impeachment coming into play sparingly. An appeal court. Judges have been making new law for at least 700 years. One con is that many life appointed judge should retire but remain in office . heart outlined. Elected judges know that if they make such agenda-driven decisions, they will face a plethora of opponents in their next race who will remind voters of their demonstrated contempt for … Aug. 23 Daily News editorial. Federal judges are appointed, state and municipal judges are appointed or elected depending upon the venue they serve. When judges fear re-election campaigns, it influences their rulings and decisions. Should Judges Be Appointed. 1. A judge is not a representative of the people in the same way as a legislator, governor, oil commissioner, etc. There’s an age-old national debate — dating to at least the early- to mid-19th century — whether judges should be elected or appointed through an executive or merit system. The American Bar Association states that the role of a judge is to In Federalist No. Furthermore, elected judges become more accountable of their actions and decisions because it is the public who believes in their fidelity to rule the law and legally implement it. Elections are the basis of direct democracy. Seven states have partisan election of these justices, and electing lower court judges is common. The federal judges should be appointed. Under judicial activism, many ruling judges are not elected, but rather appointed by government officials, which means that people in a region would not have any say as to how they want local judges to rule. Unit III “Position Paper” Under Article II of the Constitution‚ the President has the power‚ with the advice and consent of the Senate‚ to appoint Judges of the Supreme Court. Critics of judicial elections frequently point to Caperton v. Massey as an example of … U.S. senators from both parties should reject this nominee for someone with a more moderate judicial background. To make public health officials more accountable, they should be elected, not appointed. Some say that a judge is simply an attorney who has gotten a promotion– or, in some cases, a demotion if you consider income. In our state, the people elect most judges. 8 Comments. The appointment of judges will result in more qualified lawyers being appointed and will substantially reduce the number of unjust politically influenced decisions rendered by elected judges. Judges and lawyer candidates for judge are somewhat limited in what they can say or do during a judicial campaign. State judges, including state Supreme Court justices, are elected in many states. This is why I believe our judiciary system should incorporate the election process into this branch. Supreme court justices should be elected. Judges should be elected because it is the right of the people to decide who is deciding who is guilty. Ambitious. North Carolina’s system of selecting trial judges needs to be reformed, but not in the way some legislators want. Judges should be independent and should not have to run for election. Judge Ketanji Brown Jackson will be … History. least dangerous. Answer (1 of 14): I don’t care whether a judge is political or not, I care whether that bias affects the judge’s legal decisions. Judges should not be elected at any level of government. They cannot do this if they have to campaign for political support because that would require that they take a partisan stance of some sort to gain an advantage … In California, Supreme Court judges and appellate judges are appointed by the governor and must be confirmed by the Commission on Judicial Appointments. When a judge is appointed, the person in charge of that appointment will look at their entire record as a judge rather than just check the box next to the name that has an (R) or a (D) after it. Having heard the judge's address, the Assembly on 7 June 1989 concurred with the conclusions of the Commission and resolved to address the Governor requesting the removal of the judge on the grounds specified by the Commission. Why do you believe the constitution's framers chose lifetime terms? By Jay Varma. In 2012, Loyola Professor Carlos Berdejó and Berkeley Professor Noam Yuchtman released a study indicating that in the state of Washington (where judges are elected quadrennially), criminal judges imposed sentences about 10 percent more severely (about 6.8 months per sentence) as they neared the end of their term and approached re-election. least dangerous. The notion that judges use their personal views rather than the law to decide cases is the opposite of, in the phrase found in the Massachusetts … The dramatic results come from the way judges are elected in Texas. All were elected or re-elected to the Texas bench in contested partisan elections. Judges should be appointed by the people’ s trusted elected representatives on the basis of qualification and distinction. there are "behind the scenes" influences. Aug 23, 2010. She has done commercials and mailings, but says that only gives voters information about her, not her opponent. In this case, both sides propose good arguments as to why Supreme Court judges should either be appointed or elected. Some U.S.A. states elect judges. – Font: Times New Roman. June 10, 2014 at 7:04 am. So I think no, they should not be. Most countries have judges appointed so it's based on skill rather than popular opinion. The concept of the judiciary is that you want wise men and women who make decisions based on law and facts. June 10, 2014 at 7:04 am. Because the judge runs only on his or her "record," and not against a live opponent, retention elections do not generate the publicity necessary to allow the public to cast an informed vote. 1. Dead presidents shouldn’t have that much power. 3 Pages. "Once you get elected, you really have to take that political hat off. star outlined. We have a code of ethics and are limited by what we can and can't say. November 07. – Allure. Elections Are Not All Alike. Most countries have judges appointed so it's based on skill rather than popular opinion. Sep 21, 2020 at 10:44. To keep check and balances in sanctity judges shouldn't be elected. U.S. senators from both parties should reject this nominee for someone with a more moderate judicial background. Research shows that elected judges are disciplined at higher rates, and for more serious infractions, than are their appointed counterparts. In Canada supreme court judges are appointed until age 75. Judges hold an important and unique position. In this case, both sides propose good arguments as to why Supreme Court judges should either be appointed or elected. Why do you believe the constitution's framers chose lifetime terms? Judges are appointed, usually by the governor. Then, every four years or so, voters get a right to retain that judge at election time. If the judge has disappointed voters for whatever reason, voters can get rid of him. The law is non-partisan. Judges should be too. -------------------------------------------------------- Explain one positive and one negative aspect of the lifetime term of office for judges and justices in the federal court system. Most state court judges—unlike federal judges—are elected, not appointed; and some have to be re-elected, or approved by the voters, every few years. Is the law valid with respect to the powers granted the government? [3] Justices would not have to fully retire after 18 years; they could rotate to lower federal courts after their 18 years on the Supreme Court. 583 Words. For most of that time, they tried to hide this uncomfortable fact from public: they called judge-made law the common law, as if to suggest it has always been with us, permanent and unchanged.

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