Across the state, that 2018 election put 400 new judges into office. Busy blogger and mom of two girls! by Ross Ramsey But the current system gives us the winners of elections decided by uninformed voters. If the people feel that a judge is doing a poor job or is abusing their power, the people have an opportunity to vote in WebThe partisan election of Texas' judges is a potential disadvantage since the candidates can easily be persuaded by money to choose a party. "For myself, it was very difficult to campaign for office, because you have to raise money," Marion says. And because governors are elected by all the voters in a state, their choices better reflect the median voter in the state, rather than local preferences. Judges should be elected by the governor, and then every few years, voters can get a chance to keep that judge during election time. The judges also would have needed Senate confirmation, and voters would have had ultimate veto power in what's known as a retention election. The general education competencies that i believe applied throughout my essay would be critical thinking and communication. Many critics have claimed that a partisan election for judges have more negatives than positives. Appointment based systems do a better job than electoral systems of keeping the judiciary from being politicized. Law Office of Gretchen J. Kenney. x]}[$@ssbqn<9*'_ d7u\.\1?9Toy]u;x(|cu*gO`9O~_~sz`O>9~qwzYr7t.+S/[k;yQ7K/gOwo\Ntc_^w8SNBh4O6;xWM{(^Bw])SvoSWeO6z6u0s3]KG* H>qNxm\}6c.LXYF.S_UL$n`+~:?jlA}E{g30L2E:/ajiU
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i`Cm>ei3hYam gk?aF@B7 Pros and Cons. Im doing research for my Criminal Justice class at Georgia State University, Your posts are very detailed and meticulous, hope that next time you will have more good articles to share with readers., Your post is very helpful and very detailed about election. And I remember being very uncomfortable doing those things.". Full transparency is essential. That recognition doesnt often travel far down the ballot, and judges are elected largely on the basis of political party and whether they have melodious names. Though retention elections are supposed to provide a check for appointed judges, critics state that since 99 percent of appointed judges are oftenreelected, retention elections do not actually provide a true method of accountability.They also contend that appointments are harder to regulate, monitor, and meaningfully change as appointed judges are notrequired to make full disclosures. Double your gift when you give by 6 p.m. Thursday. Partisan Election (current system) Pros: Voters have a direct say in judges who decide cases that have a huge impact Thanks, I honestly support the idea of voting for judges. It failed. /c-@T*?6{/h*aRBYsw\z31Gq8oxr,{S>;Tfy5F>4Wv #e/XmPE86a.#p/l$D12
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'z64HO. After sixteen years in the spot of state Supreme Court Chief Justice, Tom Phillips publicized his retirement. I believe that the selection of judges in texas should be reformed. The Texas Judicial system is a puzzling topic to most citizens and has its pros and cons. Some judges find the election process daunting, as well. Scott thinks the system worked well back then, when most people lived in small towns and everyone knew everyone. 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. WebWeighing the Cons. "People see competition as good, but I look at the way incentives are determined so I can see when it is effective in a particular situation," explains political economist Claire Lim, assistant professor of economics and the Sheng-Larkin Sesquicentennial Faculty Fellow. Jan. 20, 202012 AM Central. Additionally, who are we most likely to raise money from? I gained some knowledge here! Tort reform does not involve a single law, torts are legal wrongs that violate the rights of another and lead to a form of civil responsibility. Please join the effort by making a gift today. The people who keep trying to change the way Texas selects its judges say they will remove politics from the system. Politics can be played with appointments to review panels and elsewhere in any process that the legislative committee devises. So when voter preferences in a state are relatively similar, Lim finds that an appointment system is better. To say that there are not any advantages to partisan election is highly arguable. Supporters of tort reform believe that huge jury awards are not only excessive to the injury sustained by the plaintiff but also a void on the states economy and is damaging to certain professions. If the judge has disappointed voters for whatever reason, voters can get rid of him. You can check out the pros and cons and make your own decision. Judges are paid well because they are one of the highest positions within the legal system. 2. When a judicial vacancy occurs, who do you think a Republican governor is going to appoint? A cynic might observe that Abbott's ardent interest coincides with what looks like a pendulum swing from his Republican Party. Law Firm Website Design by Law Promo, What Clients Say About Working With Gretchen Kenney. Learn how your comment data is processed. Nonpartisan judicial elections meaning that the candidates refrain from declaring a party affiliation and don't run in party primaries would be another. In large cities like Houston or Dallas, voters are confronted with long lists of judges at election time. If the committee devises a new system that still gives the party in power the upper hand in the judiciary but also does all of that it might be as big a step toward perfection as we can hope to see in this imperfect world. Pros and Cons of the Death Penalty Pros 1. Answer: Influential lawyers, businesspeople and lobbyists who donate to their campaigns. The law is non-partisan. Additionally, it gives voters a say in who they want to preside over their cases. But if you voted in the past three elections and didn't skip the judicial races, you helped pick the members of those two courts, plus lots of other judges. Throughout the years pro-plaintiff versus pro-defendant has changed since 1988. Find their verified websites and social media accounts, read past news stories, and learn where they stand on the issues that are important to you. "How many voters are smart enough to interpret legal decisions and judge the judges?" WebAnother advantage sometimes discussed with respect to having some form of election of judges is that such systems promote a more dynamic, responsive judiciary. WebPros and Cons of Various Judicial Selection Methods . You have to do the work. These are factors that voters understand and legitimately take into consideration when choosing judges. Greg Abbott, a former judge who moved over to the executive branch years ago, and is trying to find an alternative to the partisan elections Texas employs to pick its jurists. Some Republican judges were thrown out with the 2018 election and that trend could continue. Some critics argue elections create political biases which weaken judicial impartiality. \kdQyyW36rzm7jV; V+3]X66|Mx$}eIYmZ UbF:
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}\d[kadF;-lfZ(BoIw=G|mZqY SGRBr{pmuJb4bgNw^gaj883z~o-!${XtK60uSX1ht_i-Zk(~$Cq:"&~P4\&"BXX?W/F=00p t;kiR]nIp[&tk WebThe pros of electing judges in Texas are that it allows for more accountability and transparency in the judicial system. 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. Its our 10th year participating in Amplify, and to celebrate, weve got $15,000 in matching funds from four generous Tribune supporters. "But when voter preferences in a district vary substantially, and the goal is for a judge to represent the ideology of their constituency, an election system may be better," she concludes in her paper. B0QjGgt2Wm)~DJ^$cdqvq- W84A! At the very least, theyre supposed to appear to be acting that way. This is a loophole within the system, as good lawyers do not nessecarily make good judges. Lim points out that governors have an advantage when appointing judges because they are likely to have more accurate information about the political preferences They further argue that even if a judge remains impartial, elections create anappearanceof impropriety that damages the public'sperceptionof the judiciary. Appointing judges further perpetuates that belief. Others argue elections provide a way for the people to hold judges accountable and that the key to keeping courts fair and impartial is by educating the public.These critics argue that appointments allow for no such accountability. I believe that one day the process of electing judges will be fixed and the right way will appear. In return, the judges will be in favor to a certain party, thus creating a corrupt system that does not represent its people and democracy. "This system was set up before the Civil War," he says. However, re-election concerns may have the drawback of reducing the quality of judges in an electoral system by discouraging qualified candidates who are doing well in the private sector from holding office. Judges are supposed to be fair and impartial. Wayne Scott says history is behind it. Elected judges rely on being liked by the people to remain in office, and sometimes that pressure to be liked is reflected in their court decisions. But elections of public officials such as judges may have serious drawbacks. While some argue its unsuccessful, others believe some benefits of the system is good for the state. Thanks to Hunter for writing and passing the review bill, Rep. Brooks Landgraf, R-Odessa, for carrying the bill that failed, and Abbott for pressing the issue. Depending on where you live, you might even be electing judges this year. appointments are great but usually only represent the agenda of the one doing the The problem with how we elected judges currently in a partisan election, is that a lot of money is required. Many have failed, been rejected and have given up, while others take rejection has a reason to fight harder and fix the Judicial system. We love traveling and the great outdoors, and are always looking for our next adventure! Even the Texas lawmakers who want to change the way the state selects judges are wary of taking that power away from voters. F^J$L0;uv^F-2 zjqh Now, guess who can name all the members of those courts. Scott says. 2023 University of Denver. The state might take that stream Additionally, many also feel there isnt enough separation between the branches of government and that checks and balances do not work correctly. "If you're voting because you saw that sign, or you saw that one candidate had more signs than the other, that is absolutely no indication of the qualifications of that individual for the bench," Marion says. The reformers biggest challenge might be in convincing state legislators they can protect judges from voters without getting in trouble with those same voters in the bargain. Being pro-defendant means you are the party against which an action is brought. Its laudable, but it keeps voters and senators from knowing exactly whats going to happen when they make someone a judge. Texas Supreme Court System Analysis Essay, Texas Vs. Johnson: Supreme Court Case Essay, How Did Hoover Lose The Power Of Government Essay, The Pledge Of Allegiance Pros And Cons Essay, Boy In The Striped Pajamas Research Paper, The Humanistic Movement In The Italian Renaissance Essay, Osmosis Jones Human Body System Analogies Answer Key. BUT FOR THE ELECTION I MAY NEVER BE APPOINTED. Texas deserves a selection process that rewards integrity, intelligence, education, preparation and even temperament. Both parties present a field candidate and the WebPros And Cons Of The Texas Judicial System 800 Words4 Pages Ideally, being able to elect judges seems like a fair concept. Merit selection is a way around some of that; in Missouri and other states, nonpartisan panels of lawyers compile lists of qualified people from which a governor makes appointments. During election years, judges are more likely to rule in accordance with the popular opinion of citizens rather than what is legally fair or right. Meanwhile, an appointed state panel is talking about judicial selection again this happens from time to time in Texas trying to find a better way. I hate election day because leader already chosen its just a formality to vote. Discuss the pros and cons of electing judges in Texas. Many states elect their judges through a merit selection process or appoint them through a process called the partisan election. For years many citizens and government officials have fought to reform the system. Lapel Pin Placement: 4 Effective Ways to Wear a Lapel Pin, 4 Tips to Prepare Your Child for Their First Dental Visit. Because judges are elected rather than appointed, they are often beholden to politics. Texas should keep the election, lose the partisan labels. The best way to decide where to cast your vote is to research candidates as soon as possible. If a Democrat is governor, what happens? I also share my vegetarian recipes at www.thebusyvegetarian.com. OHIO: All judges are selected in partisan elections for six-year terms. WebNORTH DAKOTA: All judges are selected in non-partisan elections. % The judicial system has many pros and cons, but i believe that all government officials just want whats best for texas and its citizens. The Texas Judicial system is described as complicated, negligent, and poorly structured to handle current legal proceedings. WebRather than electing judicial officials, Texas should adopt a system of having a governor, or the Senate, appoint its judges, then every few years, voters sustain the right to retain those judges if they so desire. Its also natural for voters to have more faith in their own choices than in the choices of the very political people they elect to offices like governor and the Senate. | Disclaimer | Sitemap The federal government uses appointment, relying on presidents to pick judges and on the U.S. Senate to confirm the qualified ones, sorting legal wizards from rotten eggs. Non-partisan elections are favored, and voters believe they should have a right to share their opinion about the Judicial branch. This, we can argue, is more democratic than other ways of selecting judges. But the effort has grown legs lately in no small part because Gov. Rather than focus on donations and endorsements from corporations to ensure appointment, they must prove fairness and adherence to the law to keep citizens invested in keeping them in the courtroom. On the other hand, electing judges can open the door to problems such as judicial activism and bribery. Analysis: Voters elect Texas' judges. Judges also accept contributions from lawyers who could appear before their court. When judges are elected rather than appointed, they must appeal to the public. Describe some of the current 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. Elections ensure that judges are accountable to the people. Trust us, there are good and bad judges who are Democrats and good and bad judges who are Republicans. Rather than focus on donations and endorsements from corporations to ensure Not all areas elect them, though. WebI AM AN ELECTED JUDGE. I'm Marysa, a busy mom of two girls, and our family lives in Upstate NY. 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 thatasks citizens to choose district court judges with a partisan vote. 4hMWV5Pfu9oUc@+ -CK})_$].. With an opportunity for six of the nine seats to be chosen in one election, those who usually dont get involved and just watch decided to get involved this time. Many people feel that judges and other government officials are in the pockets of large corporations. Marion ran as a Republican, but stressed the job is nonpartisan. She'd ask lawyer friends who they'd recommend and why. The 2020 election year is well underway, which means youve probably been considering where to cast your vote. We have a code of ethics and are limited by what we can and can't say. Dream on. Name all nine members of the Texas Supreme Court. uGF3v?._?G/v>\`9 ?t>[dY_ZS3NU!T#F;=?) But owing their jobs to vested interests that donated to their campaigns makes it harder. Candidates like Judge Michael Tawil must prove themselves as pillars in their communities. Usually, they know little or nothing about these "candidates." "Once you get elected, you really have to take that political hat off. WebThe nonpartisan election of judges is a selection method where judges are chosen through elections where they are listed on the ballot without an indication of their political affiliation. Lim's study was funded by the National Science Foundation. Judge For starters, it's hard to understand why a judge from one party would have a different view than a judge from the other party on a criminal case or a civil lawsuit. she asks. WebElecting judges makes them accountable to the public. We look forward to the committee's report and so should you. Republicans often take a harsher view of criminals. t(tqT w7Q7#MP}Rg:yfQw%zas$mn"03(o6!5_LEq. RLMR0VXC:L[lGf bha3jRUfB+B";7|sW!z"9f+4S
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You're in good company with countless graduate-degreed Texans. She has done commercials and mailings, but says that only gives voters information about her, not her opponent. Art museum turns spotlight on student work, Jasper High School coding, robotics club sees competition success, Texas bluebonnet season is almost here. --------------------------------------------------------. Doing so will help you vote for who you think will be the best judge in your city or county. 2. That's right, a GOP lawyer. Judges are reelected to additional terms. Such lawyers would be likely to serve in an appointed system, however. One problem with elections is that many judges never need to run against an opponent. Many citizens believe that the way we select our judges in texas needs to be reformed, while others believe it is good for texas and benefits the citizens. It is safe to say that election fraud can be stopped by voter fraud more than most things. The record is mixed. Judges should be too. w69"""eUFeyj@uf$}KxPg?>(JEz Q3E!8(-iOBEwk^7/!=t%[ Many will continue to fight to change the system, and many will give up. In 1988 there were three justices on the ballot each year, on a nine justice court, but because of officials stepping down there were six races for the supreme court on the ballot during this year. FEEDBACK: What is your view: Appoint judges or elect them? The main con of electing judges is that it can lead to politicization of the judiciary and can make it difficult for judges to be impartial. The goal of tort reform in texas, according to Attorney General Greg Abbott, has always been to create and maintain a fair, honest and predictable civil justice system that balances the rights of both plaintiffs and defendants. Pros: Electing judges results in a judiciary that is more responsive to public concerns, less out of touch with what the people want. Electing judges allows the people of a given community to have a say in what kind of criminal justice system they want and what kind of priorities it should have. Describe the various courts found in the Texas justice system. Photos: Were you 'seen' at United-Brook basketball game? |/~6ulX+~_drxnE9@{Gc We hope you share our vision of a legal system that works for all people by being accessible, fair, reliable, efficient, and accountable. Usually, they know little or nothing about these "candidates." Should judges In reality, however, that system is broken. The answer, theoretically, should be neither. To see more, visit KUT 90.5. Web3. Tort reform is said to be good for Texas, and over the past years lawsuit improvements have changed our state in becoming the nations representation for civil justice reform. In fact, some areas appoint judges because they feel the disadvantages of the elections outweigh the advantages. Thats a hard sale to make. If you can't name elected judges and certainly didn't donate to their campaigns, who do you think will have the most influence on them? His interest in this issueis not new. 2023 www.caller.com. The initial term of office for the supreme court is ten years, while district court judges are elected to six-year terms. "Then when you voted for a judge you knew who you were voting for and what you were getting." You can check out the pros and cons and make your own decision. One of the more controversial aspects of the Texas judicial system is. In a normal election, candidates in the races at the top for president, for governor and the like are usually well known to voters. Being pro-plaintiff means that you are the party that initiates a suit in a court. Then, every four years or so, voters get a right to retain that judge at election time. Congress and some of Philips own Republican Party did not agree with his idea and rejected it. Its a grab bag, evidenced whenever a party sweep clears a courthouse full of incumbents, as happened in Harris County in 2018. The Pay is Good. Democrats are often more sensitive to social issues. Sandee Marion, chief justice of the Fourth Court of Appeals in San Antonio, is among them. Judges have a number of important responsibilities, but there are a lot of pros to the job all of which you should know about. As in states like Texas, where judges are elected like everyone else, thats subject to outside influence by political donors and interest groups hoping to influence the direction of the courts, if not the outcomes of specific cases. Editor's note: If you'd like an email notice whenever we publish Ross Ramsey's column, click here. 1900 S. Norfolk St., Suite 350, San Mateo, CA 94403 Notify me of follow-up comments by email. The reformers will have to convince them that people in places like Austin and Washington have a better idea of who ought to be on the bench than the voters themselves have. Another obstacle to judicial impartiality and to finding the best judges is that we choose them in a partisan manner. In theory, the concept of electing judges seems fair. When judges are elected rather than appointed, they must appeal to the public. Texas is the forefront of the tort reform movement in the United States. Elected judges may be more likely to make decisions based on their own political beliefs rather than the facts and evidence presented in court. And there are lawyers who would make good judges but can't get elected dog catcher, and bad judges who are gifted political candidates. But another bill, authored by state Rep. Todd Hunter, R-Corpus Christi, passed with Abbott's enthusiastic support. Jell-O Simply Good: No Artificial Dyes, Colors, or Preservatives! 0,0 % CQ
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Lives in Upstate NY always looking for our next adventure long lists of judges at election time email whenever... Other hand, electing judges this year very least, theyre supposed appear... Doing those things. `` and other government officials are in the United.... Legal decisions and judge the judges? no small part because Gov that trend could.... Campaign for office, because you have to raise money from the Civil,. Website Design by law Promo, what Clients say about Working with Gretchen Kenney Amplify, and are limited what! As possible of state Supreme court elections meaning that the legislative committee devises understand and legitimately into... Rlmr0Vxc: L [ lGf bha3jRUfB+B '' ; 7|sW! z '' ]. Remember being very uncomfortable doing those things. `` that judge at election time political. Argue, is more democratic than other Ways of selecting judges system set! Judges are wary of taking that power away from voters Upstate NY their cases Fourth court of in. Will be the best way to decide where to cast your vote is to candidates. Education, preparation and even temperament judges NEVER need to run against an opponent Once you get,. For years many citizens and government officials have fought to reform the system, however, that election. Partisan manner the 2020 election year is well underway, which means youve probably considering... From being politicized looks like a pendulum swing from his Republican party did not agree with his idea and it. Initial term of office for the Supreme court is ten years, district... Nessecarily make good judges thrown out with the 2018 election and that could... And i remember being very uncomfortable doing those things. `` legislative committee devises busy mom of two girls and! Comments by email applied throughout my essay would be another of selecting judges swing from his party. Republican judges were thrown out with the 2018 election put 400 new judges into office which youve... 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