Then, every four years or so, voters get a right to retain that judge at election time. And while the timing is, indeed, interesting, Abbott's sincerity deserves the benefit of the doubt. "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. Patsy Culver, a CPA and artist in Alpine, asks: My question is: Texas is fairly unique in that we elect our judges. Seven states choose their judges in partisan elections at every level. Don't fret if you can't. B0QjGgt2Wm)~DJ^$cdqvq- W84A! she asks. It ensures that they maintain high ethical standards and follow the constitution to the end for fear of being voted out if they do the contrary. What you need to know, Beaumont United holds off West Brook in 6A regional, Southeast Texas team takes top prize at 2023 Houston rodeo cookoff, Rare endangered animal seen running across Texas road, It's almost bluebonnet season. Both parties get to field a candidate, and the voters decide which one they want. 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. 2. "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. Copyright 2012 - 2022 A Nation of Moms | All Rights Reserved, judges are more likely to rule in accordance with the popular opinion, Applications of Different Types of Probability Distribution, A Guide To Poverty And Politics In The US, 6 Health Benefits of Drinking Single Malt Scotch Whiskey, Does Your Roof Need To Be Replaced? The problem with how we elected judges currently in a partisan election, is that a lot of money is required. And putting judges on the ballot is popular with voters, even though some judges think its unseemly to join political parties, to raise money from people who might have interests before the courts or from lawyers who practice before those judges, and to stump for votes and support like other politicians. Depending on where you live, you might even be electing judges this year. Additionally, who are we most likely to raise money from? WebPros And Cons Of The Texas Judicial System 800 Words4 Pages Ideally, being able to elect judges seems like a fair concept. Copyright 2020 KUT 90.5. 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. On this issue, as with so many others, remember the old saying: When in doubt, trust the people. That cynic would be correct. In 1845 when Texas became a state, judges were chosen by the governor with senate consent, but since 1876, judges at all levels of courts have been voted for by the people in partisan elections. Many say that the law is non-partisan and judges should be too. 3. While some argue its unsuccessful, others believe some benefits of the system is good for the state. Amplify your impact and donate now. When judges are elected rather than appointed, they must appeal to the public. If a primary election is held, it is not to narrow the candidates to one from each party. Law Firm Website Design by Law Promo, What Clients Say About Working With Gretchen Kenney. When a judicial vacancy occurs, who do you think a Republican governor is going to appoint? If the committee devises a new system A process similar or identical to the one in the failed bill would be one possible recommendation or some other version of an appointment process backed by a review process. Texas judges use partisan election where judges are elected by the people. If the judge has disappointed voters for whatever reason, voters can get rid of him. Both Scott and Marion think that's a good place to start; there is no easy way to find out about candidates for judge. Appointment based systems do a better job than electoral systems of keeping the judiciary from being politicized. It seems like there should be a simple answer to that question, but there isn't. 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. Due to their WebEach side has pros and cons. Right again; a Democratic lawyer. This special committee and the 2021 Legislature can do better than that. WebWeighing the Cons. Jp=oLH?cK-GeKV'J;1]{^ |cYhWYfZ uGF3v?._?G/v>\`9 ?t>[dY_ZS3NU!T#F;=?) Good judges support all of these systems, and good judges hate all of them. Appointing judges further perpetuates that belief. You're in good company with countless graduate-degreed Texans. Southeast Texas continues to see 'moderate' air quality, "Cocaine Bear" inspires R-rated collectible figures, Buna residence searched due to a 2021 missing person's case, Beaumont antique store owner opens new boutique, Chick-Fil-A location says anyone under age 16 must be accompanied. All rights reserved. Texas is the forefront of the tort reform movement in the United States. PublishedOctober 23, 2018 at 2:28 PM CDT, Bonnie Petrie can be reached at Bonnie@TPR.org and on Twitter at @kbonniepetrie, Ortiz Jones Concedes CD23 Congressional Race, Ortiz Jones Attends New Lawmaker Orientation Even Though CD23 Race Not Final, Texas State Students Were Likely A Key Factor In Flipping This Conservative County To Democrats, 2018 Elections: Early Voting For Midterm Elections Begin, Voter Turnout Could Hit 50-Year Record For Midterm Elections. "How many voters are smart enough to interpret legal decisions and judge the judges?" The voters in this case have more information about the candidates, but the partisan nature of the exercise is obvious to anyone who has followed a U.S. Supreme Court appointment and confirmation. Double your gift when you give by 6 p.m. Thursday. Justice is better served. It failed. The state might take that WebThe election of judges can initially affect the way justice in Texas is seen by not balancing the true equality of the Electoral Fraud And Election Fraud There are four possible solutions to election fraud. The Diane Rehm Show discusses how judicial elections and appointment processes impact fairness in state courts. I also share my vegetarian recipes at www.thebusyvegetarian.com. 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. 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? All rights reserved. "It's such an important role that the judiciary plays in our system," Marion says, "and I just hope that voters will take the time to learn about them. Another obstacle to judicial impartiality and to finding the best judges is that we choose them in a partisan manner. WebI AM AN ELECTED JUDGE. You or the people who have given them money and know them by first name? But owing their jobs to vested interests that donated to their campaigns makes it harder. Some critics argue elections create political biases which weaken judicial impartiality. The law is non-partisan. It has some support from Gov. WebPros and Cons of Various Judicial Selection Methods . Scott says. Many will continue to fight to change the system, and many will give up. The lack of opposition means that the accountability described above is eliminated altogether in some situations. Commission members overwhelmingly support increasing judicial qualifications and placing monetary limits on elections. Should judges Marion ran as a Republican, but stressed the job is nonpartisan. Non-partisan elections are favored, and voters believe they should have a right to share their opinion about the Judicial branch. To say that there are not any advantages to partisan election is highly arguable. The initial term of office for the supreme court is ten years, while district court judges are elected to six-year terms. 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. Because judges are elected rather than appointed, they are often beholden to politics. You can check out the pros and cons and make your own decision. The Texas Judicial system is described as complicated, negligent, and poorly structured to handle current legal proceedings. Many states elect their judges through a merit selection process or appoint them through a process called the partisan election. Part one: Partisan elections are the wrong way to choose judges. FEEDBACK: What is your view: Appoint judges or elect them? 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. WebThe major pro of this system is that it makes judges more accountable to voters. Appellate judges serve six-year terms, district judges, county-level judges and justices of the peace serve four-year terms and municipal judges usually serve two-year terms. WebOnly six states, including Texas, elect justices in a partisan race. Often, the best person loses to the person from the preferred political party. The Texas prison systems have many pros and cons that can be easily observed. Tom Phillips believes that, the current system, where judges are chosen by partisan elections, should be changed in which the governor elects judges who would then face non-partisan retention 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. A cynic might observe that Abbott's ardent interest coincides with what looks like a pendulum swing from his Republican Party. 1. Dream on. I juggle work, the kid's activities, family life, and blogging. They further argue that even if a judge remains impartial, elections create anappearanceof impropriety that damages the public'sperceptionof the judiciary. Texas should adopt a system used by other states that strikes a good compromise on this issue. Judicial Reform: A three-part series. O&r At least with the current system, voters get to have their say at the front end instead of settling for something on the back end - a chance to retain appointed judges. 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 first problem goes to the availability of information. The reality in judicial elections is that people know very little about the candidates. Even voters who make an honest effort to acquire information will find that the nature of the judicial system itself may be a roadblock. %PDF-1.4 Linda B. Glaser is staff writer for the College of Arts and Sciences. Pros of Being a Judge. Many have failed, been rejected and have given up, while others take rejection has a reason to fight harder and fix the Judicial system. The University of Denver is an equal opportunity affirmative action institution. Not all areas elect them, though. Busy blogger and mom of two girls! She also urges voters not to be swayed by yard signs. 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. Tom Phillips believed that he could make an impact on changing the judicial structure, but was then persuaded by the legislature that he would not be able to. Judges are supposed to be fair and impartial. Having two high courts can lead to pros and cons, but when comparing to other states both courts allow us to see how each are able to reflect on a higher number of interests than would be possible if there were only a single high court. When comparing it to other states outside of Texas, it is different in many ways. We love the great outdoors, vegetarian food, camping, travel, swimming, reading, and more.. plus sharing our experiences on the blog! 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