judicial ELECTION

judicial ELECTION

Short Discussion (Govt)

The method by which Texas judges get to the bench is only one method of judicial selection. Describe some of the alternative means of appointing or electing state judges. What has Texas done to ameliorate some of the problems with judicial elections?

Please post one original response (minimum 250 words) and then reply to 2 of your classmates. The reply should be a minimum of 100 words in length.

  RESPONSES

Student 1: Like it says there is only one method for selecting a Texas judge to the branch is when they are appointed by the governor with senate consent, but also other ways to pick different types of judges as well. There could be other ways to appoint or elect a state judge like judges being chosen by legislative committee based on each potential judge`s past, some states hold something called “retention election” to see if the judge should keeping serving as a judge, There are partisan elections where judges are selected through partisans to be voted in by electorate and usually run as part of some type of political party, there is also non-partisan elections which is potential judges that can run for a judicial position in the state with non-partisan elections putting the judges name in a ballot without their political party ( for non-partisan elections can be between 6 to 10 years). In 1195, the Texas Legislature pass the Judicial Campaign fairness act to help address the perceived impropriety of judges soliciting and accepting large campaign contributions from certain people. Under this act, it limits a person’s contributions to candidates in statewide races at an amount from $5,000 from individual donors to $30,000 from law firms. Some may say that this was quite successful in helping the excesses of the 80s and early 90s, while others say that there was not much help with the limits they were given that it was a high generous amount of money to have It as a meaningful effect.

Student 2: In Texas, Judges are appointed based on partisan election at each court level. The ballot paper lists the panel of judges, and against their names are mentioned the political party which they represent. The term to serve vary, but all judges must run for re-election at the end of their term. There are nine justices of the supreme court, nine judges of the court of criminal appeals and 80 judges of the court of appeals. The elected justices and judges serve six-year terms, after which they must run for re-election. Some alternative means of judicial selection include merit selection and assisted appointment. Merit selection is a way of choosing judges that use a non-partisan commission of lawyers and non-lawyers to locate, recruit, investigate, and evaluate applicants for judgeship. The commission then submits the name of the most qualified applicants (usually three) to the appointing authority (usually the governor) who must make a final selection from the list. For subsequent terms of office, judges are evaluated for retention either by a commission or by voters in an uncontested election (American Judicature Society). Assisted appointment usually involves nominating commission which reviews the resumes of candidates for judicial office. The commission comprise both lawyers and non-lawyers, chosen by the state bar and /or executive branch- interviews and screens candidates for judicial position. The commission then sends a short list of qualified candidates, usually 3 and 5 names, to the governor for consideration (American Judicature Society).

The state of Texas had dealt with some of the problems inherent in the judiciary since its inception. In 2007, the state constitution was amended by voters, allowing sitting judges who reached the mandatory retirement age of 75 to complete their tenure. In 1965, the constitution was amended. Judges who reached the mandatory retirement age of 75 were automatically retired. Selection of state court judges in Texas occurs through partisan election at each court level. Term lengths vary, but all judges must run for re-election at the end of their term. The Texas constitution has it that judges’ term begins on January first, after their election or re-election.

Answer preview
Selection or appointing of judges in the United States depends on the state that the activity is taking place. There are several alternative ways through which state judges are elected or appointed in the state of Texas. One of the ways is through the appointment by the governor of a state. This involves the appointing of the state judges where the governors choose the judges they would like to preside over the cases of their respective states. Another way is through the merit selection where a legislative committee chooses judges based on their previous performances (Maute, 2017). A partisan election is another way that the state judges are chosen. This involves the voting in…
(280 words)
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