We are taught from a young age that the best form of government is one that we the people elect. For instance a popular vote could make judges more independent from the politicians that otherwise would appoint them. Lobbyists and politicians are increasingly using Supreme Court appointments to push political agendas, as seen in the cases of Merrick Garland and Brett Kavanaugh. At today’s meeting of the Wichita City Council, John Todd makes the case that Wichita Municipal Court judges should be elected by the people rather than appointed by the council. The Judges run a campaign just like a politician and their names are on the ballots where people cast their votes. Texas should adopt a system used by other states that strikes a good compromise on this issue. [7] Americans should not have to fear “judge-made laws” as a reality of life. Jones and Slaton have announced challengers. Appointed judges write higher quality opinions than elected judges do, but elected judges write many more opinions, and the evidence suggests that the large quantity difference makes up for the small quality difference. In addition, elected judges do not appear less independent than appointed judges. They should be appointed because most people don't know enough about the judges that are being chosen and about their past to accurately make a decision. Appointed judges write higher quality opinions than elected judges do, but elected judges write many more opinions, and the evidence suggests that the large quantity difference makes up for the small quality difference. “My question is: Texas is fairly unique in that we elect our judges. While 72% of Mainstream voters say most judges should be elected, a plurality (49%) of the Political Class believes they should be appointed. Appointments are a more efficient mechanism for selecting judges than elections. Judges are elected in many states. Di Pietro’s claim on the bench was cemented by her marriage. Finally some analysts suggest that they should be directly elected by the people. How state court judges are selected varies by state. States choose judges in any of the following ways: Appointment: The state's governor or legislature will choose their judges. Merit Selection: Judges are chosen by a legislative committee based on each potential judge's past performance. Judges cannot take a … Others argue that these judges should be appointed by peers. Judges and lawyer candidates for judge are somewhat limited in what they can say or do during a judicial campaign. There is already a precedent for electing judges, i.e. Being appointed means that the court is stacked in favor of a particular viewpoint, but it also means that you can be sacked at any time by the present administration hence judges in Texas should be appointed. Logged: dazzleman Atlas Icon Posts: 13,784 Political Matrix E: 1.88, S: 1.59: Re: Should Judges Be Elected? Qualifications, election and terms. Judges are elected to the ICC by the Assembly of States Parties, the court's governing body. They serve nine-year terms and are not generally eligible for re-election. All judges must be nationals of states parties to the Rome Statute, and no two judges may be nationals of the same state. BY BUDDY NEVINS . Merit selection systems should be more transparent, especially in states where nomination meetings are closed to the public. The American Bar Association states that the role of a judge is to Another factor as to why we should not be electing judges is because of the nature of elections themselves. Judges should be making decisions by applying the law to the facts. A recent poll conducted by Reuters/Ipsos, and reported on IVN, found that 66% of Americans now support Supreme Court term limits, and nearly half believe justices should be elected. Judges are elected in many states. Judges apply many laws meant to … Television news crews gather outside The United States Supreme Court on the morning of … Since Justices do not have to run or campaign for re-election, they are thought to be insulated from political pressure when deciding cases. The first generation of elected judges in the early 19th century exercised the power of judicial review far more often than their predecessors did. Support your position by referencing the qualifications and duties […] Perhaps ironically, these democratically elected judges were also the first to criticize democratic excesses and to argue from a countermajoritarian perspective. 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. Judges are appointed, usually by the governor. Contrary to what is asserted by the proponents of appointed judges and retention elections, for judges to campaign and win voter support actually prevents the judiciary from becoming a political branch because citizens can then insist that judges confine themselves to their constitutional roles rather than implement their own political agendas. The answer for the question is yes, Malaysia should practice an elected system in selecting councilors. Judges have their own take on what’s constitutional or not, and with different people running, you’d have choices between who gets elected. Another factor as to why we should not be electing judges is because of the nature of elections themselves. First of all, if judges were elected it would mean that it was the public’s decision. Yes judges should be elected. With a fixed tenure, the justices would be less likely to become corrupt and their decision making would be kept true when they were appointed. Judges rightfully deserve praise for their public service and commitment to the pursuit of justice. I think judges should be appointed because their position in the justice system are very important in determining criminal and civil cases. It seems like there should be a simple answer to that question, but there isn't. Judges who are appointed are more likely to be highly qualified than elected judges. by Steve Odland @SteveOdland June 16, 2016. read. Judges cannot take a … 1:Why did the Framers decide that federal judges should be appointed for life rather than elected every few years? Perhaps ironically, these democratically elected judges were also the first to criticize democratic excesses and to argue from a countermajoritarian perspective. The … Ozaukee County is very republican county so signing that petition may not have been a smart move. Electing judges still bring in partisanship. Posted by Jcorye1 on 4/8/15 at 6:23 pm to ElPresidenteGrande The problem with elected judges is they all run on being "tough on crime". I have not found anywhere that I can find the positions of the judges that are running this year." A judge should be chosen based on judicial character, ability to remain unbiased, and the judge should possess the appropriate qualifications to hold a judicial seat (Carp, Stidham, Manning, & Holmes, 2017). There are more than 3,000 elected judges in the state. The government has a pretty free hand in choosing High Court judges. Judges who are appointed are more likely to be highly qualified than elected judges. The answer, theoretically, should be neither. Because the judges are aware of the fact they are not elected, and therefore not democratic legitimate, they are very careful -as we will see later on- in changing the law. Likewise, there are some great elected judges that should be kept in office, but are not making “popular” decisions. Be specific and detailed in your responses. When judges violate the constitution, what should be the recourse? Each of the three systems of Supreme Court justices' appointment has pros and cons. While history has certainly seen its share of judges engaging in political activities, Ginsburg's actions set a new — and unfortunate — record for … Though the justices have been appointed for life terms for the past hundreds of years, they should only be appointed for fixed amount of time. Judges are either appointed or elected. On the federal level, district court judges, appellate court judges, and justices of the Supreme Court are appointed by the president subject to the approval of Congress. The law lords may step in if they feel there is a clear public agreement on how the law should develop. Merit selection is still a political process, since commission members are often chosen by the governor and/or bar association members. The popular election of judges opens up the judicial branch to the same partisan and commercial pressures that the other branches experience. That there are judges for lower courts that are elected has proven why it's not a particularly good idea. They'll also decide the fate of over 200 judicial candidates, from the local level up to their state supreme courts. By Stephen L. Carter. That’s why I feel in order to have true checks and balance system in place Judges should be elected. "Judges are not elected or rejected on their merits but on whether they happen to run in the same party as the governor, U.S. senator or the president," he said. There is a good example in today’s Milwaukee Journal Sentinel why judges should not be elected.. Elections would make judges in a representative democracy more accountable to the people who elected them. Jun 26, 2007. Further, once elected, the circuit judges serve six year terms and then they are subject to an uncontested, non-partisan retention election to continue serving. Why or why not? Judges given increased levels of protection from the public feel freer to advance personal agendas, often manifesting the view expressed by Supreme Court Justice Benjamin Cardozo who declared that: I take judge-made law as one of the existing realities of life. In Canada supreme court judges are appointed until age 75. Hundreds of judges are up for re-election every two years, but unless someone directly contests their seat or a retirement prompts an open seat race, the incumbents are automatically re-elected for another term. Judges should be given a fair chance. In addition, elected judges do not appear less independent than appointed judges. To be eligible for a High Court appointment, a person must be – or have been – a judge … Appointment based systems do a better job than electoral systems of keeping the judiciary from being politicized. Therefore, it politicizes judicial elections. CMV: Judges should never be elected. Obviously, to win an election a candidate must be the more popular one in terms of who won more votes. As people have pointed out, this is the point where the appointers pick judges who are strongly ideological. PRO: Voting gives community a voice in court system. Only two judges have been voted out of office since the retention system was established in 1964 (3). Supreme court justices should be elected Elections are the basis of direct democracy. When the idea of electing judges was first introduced, it was seen as a way to avoid corruption. Before John spoke, there was some confusion on the bench as to whether public comment would be taken for this item. Appointment based systems do a better job than electoral systems of keeping the judiciary from being politicized. But the officials in the third branch of government, the judiciary, are appointed. Today it has the opposite effect. This is why only a handful of the hundreds of offices will appear on the ballot. ... Why should we not have a system, though, where judges are appointed to long-term or even lifetime positions via voting? In the U.S.A. federal court judges are appointed. There are more than 3,000 elected judges in the state. If judges are elected, then their rulings will be influenced by the prospect of re-election, rather than the merits of the case. Supreme Court justices should be elected. The people of that particular state should be able to have a say of who is judge just like they have a say on who is elected president. I have not found anywhere that I can find the positions of the judges that are running this year.” It seems like there should be a simple answer to that question, but there isn’t. “My question is: Texas is fairly unique in that we elect our judges. Why Judges Should Be Appointed, Not Elected. Would the committee be affected by graft? The first reason is to giving back the right of the people to elect their leaders of local government. The actions of judges, county sheriffs, district attorneys, and public defenders can have a significant impact on individuals, even long after an elected official leaves office. Section 15 of Local Government Act 1976 states the suspension of Local Government election. Buetiful1anaism Buetiful1anaism Porque tú sabes cómo estás cómo está tú cómo estás Once elected, judges are prohibited from engaging in political activities, and they seek reelection through a nonpartisan retention ballot (3). Is electing judges the best way? The question is timely since the seats of three of the four Circuit Court Judges here are up for grabs in the upcoming elections– Judges Mark Jones, Tegan Slaton and Luis Garcia. Judges are appointed, usually by the governor. county circuit court judges. Seventeen states use the retention election system for at least some of their judges. Is electing judges the best way? The law lords may step in if they feel there is a clear public agreement on how the law should develop. Voters should be given a more direct voice in choosing judges. Should Judges Be Elected or Appointed? This is meant to allow a check and balance between the three major branches within the United States Government as detailed in the graphic below. Judges should be appointed by the people’ s trusted elected representatives on the basis of qualification and distinction. However, that nuance falls apart in Illinois (all courts) and Pennsylvania (appellate courts), where at least some judges are elected in a partisan race for their first term only and are then subject to yes/no retention elections for subsequent terms . They ensure that citizens have choices from all spectra of judicial leanings instead of one-party nominating like-minded justices. These appointments should therefore be treated the same as any and made by vote. The partisan and ideological responses show that conservatives feel much more strongly that judges should be elected, but interestingly, Americans of … Explain. Several judges indicated this in comments, such as “judges in [our state] are elected, we have to engage in outreach as part of our campaigns.” For elected judges especially, our results show that the awareness of an impending reelection propels some outreach efforts … While judges do not run on a political platform like politicians, it still is the same election process and same atmosphere. A poll taken in Texas found that 83 percent percent of Texans believe that campaign contributions influence judicial decisions and 48 percent of judges agreed. general jurisdiction judges should be elected because the public can easily learn about the candidates in the local area. Appointed judges are isolated from the money issue, yet elected judges must campaign and raise funds, just like regular politicians. The judge is the only candidate placed on the ballot, and the voters simply vote yes or no as to whether the judge should serve another term. If the judge is voted out of office, the governor will appoint another judge to begin the next term. However, judges are unlike other elected officials such as the governor and legislators who can announce how they stand on certain issues. If not, how will it not be affected? This was seen as unacceptable, so they removed any sort of direct democratic process from the Federal judiciary (though note that State courts can have elected judges, even on their State Supreme Court, and some do), and gave lifetime positions to eliminate post-Justice career pressures. Tweet Share Share Email This November, citizens in 31 states won't just vote for president. Executive and Legislative branches are elected by the people while members of the judicial branch are appointed by the president and confirmed by the senate. If so, how? In our state, the people elect most judges. If the justices were elected instead of appointed it would become more of a popularity contest rather than a search for justice. It is also argued that since the government is elected it is best placed to protect the country from threats. However, in an election, the main idea is a judge should be impartial. We are taught from a young age that the best form of government is one that we the people elect. Now I think that we should all have a say, but when it comes to our judges, what do we know? Elections avoid the possibility of a politicized judiciary. The judge is the only candidate placed on the ballot, and the voters simply vote yes or no as to whether the judge should serve another term. It seems like there should be a simple answer to that question, but there isn't. Why did the framers of the Constitution want Supreme Court justices appointed for life? Also with elections the people that are running can raise money and campaign and it would basically be … Texas is one of only six states that pick members of their supreme courts with elections, one of only six that pick appellate court justices this way, and one of nine states that asks citizens to choose district court judges with a partisan vote. Appointments are a more efficient mechanism for selecting judges than elections. - The straight-shooting CAS insisted judges should be answerable to the people while in office PAY ATTENTION: Help us change more lives, join TUKO.co.ke’s Patreon Programme Sports Chief Administrative Secretary Zack Kinuthia has proposed that judges from the High Court level upwards should henceforth be elected into office. Jul 11, 2018 at 1:55 PM. C:Appointed judges understand the Constitution better than elected judges. People who believe that judges should be elected generally do so because they think that this is democratic. This in theory could reinforce the democratic … When the governor named Nina Di Pietro to bench this week, it again ignited the age-old question: Should judges by appointed or elected?. Sometimes these decisions will be unpopular. The Supreme Court Justices Should Be Elected By The People. The U.S. judicial system needs to be held to the highest standards and a popularity contest is no way to achieve that. Common people do not know what to look for in a Supreme Court justice so why should they get a say in the decision. However, in an election, the main idea is a judge should be impartial. There are more than 3,000 elected judges in the state. To remain in office, a judge must receive an affirmative vote from 60 per cent of the voters (3). B:Appointed judges follow the president's goals for the country. Most judges are elected; would it be better to have the judges appointed by a committee? NO - the judges should be appointed in that : All Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure. Sometimes these decisions will be unpopular. Most of the time, judges are appointed for their entire life and are … The judge, who does not face an opponent, is removed from the position if a percentage of voters (often 50 percent) indicate that he or she should not be retained. The United States Supreme Court Justices have been appointed by the president, with consent from the Senate, since the ratification of the constitution. Three times in the last 20 years the voters of the state have been asked to vote on constitutional proposals altering the judicial selection process. Choosing the Judges You Want. It would, however, be better if the society had a hand in selecting judges, but of course, majority of society does not understand the requirements and the standards of competency in being a good lawyer. We would be choosing who represented our judicial system. It is necessary to appoint federal judges. Also the government can make decisions in their own self-interest politically or can just be wrong so an independent judge can be a useful oversight in these matters. State Judges are elected and re-elected by the voters of that State. In your initial post, state whether you believe federal judges should be appointed or elected. THE QUESTION of whether to elect or appoint judges has had a long and turbulent history in Illinois. Why or why not? However, this is very problematic considering that judges are constantly placed in situations where they have to make unpopular decisions. re: This is why all state judges should be elected! 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. Supreme court judges shouldn't be elected, but they should have to come up for review before the senate every ten years or so. Just wanted to rant about this... BBC said: Children's charities have reacted with anger after a window cleaner who raped a girl of 10 was jailed for two years. However, I feel very strongly as do the majority of my colleagues in all but perhaps the large cities of Pennsylvania, that appellate judges should be The best way to guarantee unbiased and fair rulings in our courts is by establishing appointment as the standard method of judicial selection. Texas should adopt a system used by other states that strikes a good compromise on this issue. [ Judges who do not have to worry about being re-elected or re-appointed are free of any influence over their decisions. The appointment process. Because the judges are aware of the fact they are not elected, and therefore not democratic legitimate, they are very careful -as we will see later on- in changing the law. The Illinois Bar Association and a number of other professional legal organizations rate local judges … She has one big red flag on her résumé. While judges do not run on a political platform like politicians, it still is the same election process and same atmosphere. Why or why not? People who believe that judges should be elected generally do so because they think that this is democratic. Obviously, to win an election a candidate must be the more popular one in terms of who won more votes. History. Judges should be selected with the intention of being objective and non-partisan, not elected to implement a particular party's platform. And the debate isn't over. That is often as it should be. The record is … If elected means "only partisan or nonpartisan race," then retention elections are excluded. For example, information about … The public should have a direct say in who gets to be judge instead of the president or the Senate.” Some U.S.A. states elect judges. Texas elects judges, relying on voters to sort through pages and pages of ballot undergrowth, figuring out which candidates are fit to put on the judicial robes. However, this is very problematic considering that judges are constantly placed in situations where they have to make unpopular decisions. A:Appointed judges are not swayed by public opinion.***. She is the 33-year-old wife of Republican fund raiser and activist David Di Pietro. Alexander Hamilton Explains Why Supreme Court Term Limits Are A Bad Idea. The article discusses the election campaign in Ozaukee County where Judge Wolfgram has an opponent who criticizes him for signing the recall petition against Governor Walker. Judges should not be able to serve on the bench if they can do so with no law experience, but are able to sway the voters by a chance election. Thus the continuing debate over whether judges should be appointed by the governor or elected by the people. Judges are supposed to be fair and impartial. The first generation of elected judges in the early 19th century exercised the power of judicial review far more often than their predecessors did. Should judges be elected or appointed? The officials in the legislative (Congress) and executive (presidential) branches of the United States federal government are elected. Reasons Why Judges Should Be Elected. When judges are elected to serve on the bench, all it becomes is a popularity contest. If the judge is voted out of office, the governor will appoint another judge to begin the next term. Why Should Malaysia Have An Elected System Of Local Government Administration. Therefore, it politicizes judicial elections. Electing judges still bring in partisanship. That is often as it should be. Explain. Although Texas became a state in 1845, it was not until 1876 that judges were elected by the people in partisan elections. Judges hold an important and unique position. In the case of state court judges, for example, elected judges are far more variable in their sentencing than appointed judges, according to a new study. Appointed judges still have political leanings and in some cases political ties. a competent judge and jury of one's peers. Seventeen states use the retention election system for at least some of their judges. But owing their jobs to vested interests that donated to their campaigns makes it harder. No. #1. Idiots would be elected to office if they were elected. Judges should be making decisions by applying the law to the facts. Judges apply many laws meant to … Yet, given the issues surrounding judicial elections, Brody and other experts question whether judges should be elected. 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Pursuit of justice perhaps ironically, these democratically elected judges prohibited from engaging political... The framers decide that federal judges should be a simple answer to that question, when! Court 's governing body nomination meetings are closed to the people who elected them our. Needs to be insulated from political pressure when deciding cases republican fund raiser and activist David di Pietro s.