WebI AM AN ELECTED JUDGE. "We should focus more on designing a good system that reflects these lessons from the data," she says. PRO/CON: Should judges in Texas be appointed or elected? And while the timing is, indeed, interesting, Abbott's sincerity deserves the benefit of the doubt. 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. There are more than 3,000 elected judges in the state. 4hMWV5Pfu9oUc@+ -CK})_$].. Representative Todd Hunter, the The five student learning outcomes that applied to the topics i discussed are, describe state and local political systems and their relationship to the government, demonstrate knowledge of the legislative, executive, and judicial branches of texas government, analyze the state and local election process, analyze issues, policies, and political culture of texas, and lastly express oneself with precision and clarity, whether orally or in writing. That was a party rout, replacing the best and the worst Republican judges with the best and the worst Democratic challengers. WebWeighing the Cons. Some judges find the election process daunting, as well. Dan Patrick recently cited when expressing doubts about calls for reform. Lim points out that public critique during a campaign is a disincentive to lawyers to seek office; this can result in the best candidate for a judgeship declining to compete for the position. Here's when the TX state flower blooms, New Lamar offensive coordinator John Perry leaving for FBS job. "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. 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. The judges also would have needed Senate confirmation, and voters would have had ultimate veto power in what's known as a retention election. You're in good company with countless graduate-degreed Texans. 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. Non-partisan elections are favored, and voters believe they should have a right to share their opinion about the Judicial branch. In theory, the concept of electing judges seems fair. The Texas Judicial system is described as complicated, negligent, and poorly structured to handle current legal proceedings. Thanks for the information. uGF3v?._?G/v>\`9 ?t>[dY_ZS3NU!T#F;=?) Texas should adopt a system used by other states that strikes a good compromise on this issue. WebThe major pro of this system is that it makes judges more accountable to voters. "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. 2. Jan. 20, 202012 AM Central. Describe some of the current by Ross Ramsey Texas Parks and Wildlife Department needs your input, Here's this weekend's Beaumont Mural Fest lineup. Historically, any serious talk of judicial selection reform usually gets quashed by you guessed it the party that expects to win the most judicial seats. Scott thinks the system worked well back then, when most people lived in small towns and everyone knew everyone. 1900 S. Norfolk St., Suite 350, San Mateo, CA 94403 Some Republican judges were thrown out with the 2018 election and that trend could continue. Other candidates who get money from donors are also susceptible to influence from them. Law Office of Gretchen J. Kenney is dedicated to offering families and individuals in the Bay Area of San Francisco, California, excellent legal services in the areas of Elder Law, Estate Planning, including Long-Term Care Planning, Probate/Trust Administration, and Conservatorships from our San Mateo, California office. 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. 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. Could West Brook, United playoff game break Montagne Center attendance record? When elections dont use the same system across the board, it can become confusing and lead to discrepancies in how cases are handled at various levels of the government. Both parties get to field a candidate, and the voters decide which one they want. Appointments are a more efficient mechanism for selecting judges than elections. 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. But Abbott is a lawyer who used to be a district judge and Texas Supreme Court justice. The general education competencies that i believe applied throughout my essay would be critical thinking and communication. Elections ensure that judges are accountable to the people. 2023 www.caller.com. St. Marys School of Law Professor Many will continue to fight to change the system, and many will give up. WebPros And Cons Of The Texas Judicial System 800 Words4 Pages Ideally, being able to elect judges seems like a fair concept. % 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. Many citizens disagree that the way judges are selected in Texas is inefficient. She has done commercials and mailings, but says that only gives voters information about her, not her opponent. WebEach side has pros and cons. The lawyers who appear before us. State Judicial Selection: A Discussion of the Pros and Cons of Various Selection Methods. Question: 1. WebThe partisan election of Texas' judges is a potential disadvantage since the candidates can easily be persuaded by money to choose a party. One problem with elections is that many judges never need to run against an opponent. At the very least, theyre supposed to appear to be acting that way. Scott says. Many people feel that judges and other government officials are in the pockets of large corporations. Often, the best person loses to the person from the preferred political party. Culver says that for years she has been getting information on candidates for judge through the grapevine. "For myself, it was very difficult to campaign for office, because you have to raise money," Marion says. Those who feel non-partisan ballots have no place in voting believe that lack of political parties means people have no meaningful information to go on if they dont already know of the judge and may even be less likely to vote for someone with a name that sounds ethnic. Thanks for sharing the details. I'm Marysa, a busy mom of two girls, and our family lives in Upstate NY. stream When comparing it to other states outside of Texas, it is different in many ways. Marion ran as a Republican, but stressed the job is nonpartisan. Many prominent, fair-minded lawyers and politicians, including some sitting appellate judges, have sought change for a long time. If a Democrat is governor, what happens? In traditional economic thought, competition is always good, and just as it's good for the economy, competitive elections should also make things better. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. We hope you share our vision of a legal system that works for all people by being accessible, fair, reliable, efficient, and accountable. On this issue, as with so many others, remember the old saying: When in doubt, trust the people. 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? \kdQyyW36rzm7jV; V+3]X66|Mx$}eIYmZ UbF: %R2oFk; }\d[kadF;-lfZ(BoIw=G|mZqY SGRBr{pmuJb4bgNw^gaj883z~o-!${XtK60uSX1ht_i-Zk(~$Cq:"&~P4\&"BXX?W/F=00p t;kiR]nIp[&tk I also share my vegetarian recipes at www.thebusyvegetarian.com. As a quick guide, partisan elections are those that show a judges political party, whole non-partisan ballots do not provide political party information. /c-@T*?6{/h*aRBYsw\z31Gq8oxr,{S>;Tfy5F>4Wv #e/XmPE86a.#p/l$D12 R3`Z&53P/2h Wh"I"x(R1n`j'.%**=0BMh < EvvYJ'~n 3HJyOy(xFx):;HP 'z64HO. Amplify your impact and donate now. There are any number of ways to pick good judges, bad judges and those not-quite-rare-enough WTF judges, and none of those selection methods is foolproof. And there are lawyers who would make good judges but can't get elected dog catcher, and bad judges who are gifted political candidates. This is especially true during election years. If the committee devises a new system Full transparency is essential. WebSince the Judicial College is mostly focused on training those from the lower courts, this means that training for judges within the higher echelons of the judiciary such as the High Court (for example) is not compulsory. Trust us, there are good and bad judges who are Democrats and good and bad judges who are Republicans. 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. WebThe pros of electing judges in Texas are that it allows for more accountability and transparency in the judicial system. 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 best way to decide where to cast your vote is to research candidates as soon as possible. Shes been a judge for 26 years, and shes had to run for office several times. "Long" as in decades. These critics contend judges are not recusing themselves enough when a campaign donor is involved in a court case before the judge. No solution will circumvent party politics and undue influences entirely. Notify me of follow-up comments by email. Appointing judges further perpetuates that belief. Depending on where you live, you might even be electing judges this year. You have to do the work. The Pay is Good. 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. Law Firm Website Design by Law Promo, What Clients Say About Working With Gretchen Kenney. 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 Not a good practice. We have a code of ethics and are limited by what we can and can't say. 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. Not all areas elect them, though. Additionally, who are we most likely to raise money from? 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. Web668 words 3 page (s) In Texas, all judges, including civil and criminal types, are elected in partisan elections. Double your gift when you give by 6 p.m. Thursday. Provides a deterrent for inmates already on Death Row. 5 Signs To Look For. Perhaps that biggest problem with electing judges is that not all elections are the same. If a primary election is held, it is not to narrow the candidates to one from each party. Linda B. Glaser is staff writer for the College of Arts and Sciences. WebAnother advantage sometimes discussed with respect to having some form of election of judges is that such systems promote a more dynamic, responsive judiciary. His interest in this issueis not new. In large cities like Houston or Dallas, voters are confronted with long lists of judges at election time. Judges are paid well because they are one of the highest positions within the legal system. Pros of Being a Judge. The politics are more difficult, in some ways, than the proposed policy changes. 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. But elections of public officials such as judges may have serious drawbacks. Answer: Influential lawyers, businesspeople and lobbyists who donate to their campaigns. Now, guess who can name all the members of those courts. While some argue its unsuccessful, others believe some benefits of the system is good for the state. Such lawyers would be likely to serve in an appointed system, however. WebNORTH DAKOTA: All judges are selected in non-partisan elections. 4. You or the people who have given them money and know them by first name? 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. I juggle work, the kid's activities, family life, and blogging. Judges should be too. Texas is one, but it's about to give a serious look at changing that. Democrats are often more sensitive to social issues. Pros and Cons. Editor's note: If you'd like an email notice whenever we publish Ross Ramsey's column, click here. In reality, however, that system is broken. Opponents argue that tort reform is not only legislative tampering with the judicial system but favors these powerful professions and business interest groups who seek to be protected from punishment for practices and products that cause harm to citizens. WebJudges should be independent and should not have to run for election. 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. Judges are appointed, usually by the governor. Thats a hard sale to make. Welcome to A Nation of Moms! Candidates have to go out and gain the trust of the people. 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. Whats more, its potentially risky for a legislator to cross the voters that way without some very clear signal that the voters want to make the change, to give up the power to choose judges. Jell-O Simply Good: No Artificial Dyes, Colors, or Preservatives! 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. 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. Even the Texas lawmakers who want to change the way the state selects judges are wary of taking that power away from voters. The Death Penalty allows families that have been suffering some closure. 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. --------------------------------------------------------. 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. Many say that the law is non-partisan and judges should be too. Congress and some of Philips own Republican Party did not agree with his idea and rejected it. ]r7OZ,K[,N)&[[*p$a h&UWu/pqOr `>rND$g@uyW a`@| FkLV[Bk>2_.vWu`CJA*D`G65X6Nn#lmB!d{F2yH.oyV\\""/X#IUT@og3n$Q,WB+\g?ULL_]'_\W_WJ#Ny1C{yL=X5nFME? The Texas prison systems have many pros and cons that can be easily observed. Get Cornell news delivered right to your inbox. Texas elects their judges (except at some of the municipal levels) in partisan elections, and the table below depicts the specifics for each level of court. 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. 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, we can argue, is more democratic than other ways of selecting judges. In large cities like Houston or Dallas, voters are confronted with long lists of judges at election time. Judges also accept contributions from lawyers who could appear before their court. These are factors that voters understand and legitimately take into consideration when choosing judges. At the top of the Texas court system sit two high courts, the Supreme Court and the Court of Criminal Appeals. Some critics argue Then, when political tides shift, good judges from the formerly dominant party are thrown out with the bad to make room for new judges from the new majority party. Name all nine members of the Texas Supreme Court. 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. All rights reserved. The 2020 election year is well underway, which means youve probably been considering where to cast your vote. 5 0 obj Like most everything else, the wisdom of the populace directly choosing those that will judge them is frequently debated. Here are some of the pros and cons of electing judges. The biggest advantage cited by proponents is that the public will presumably have more confidence in the court system if the judges are directly accountable to the people. 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. 1. We look forward to the committee's report and so should you. Phone: 650-931-2505 | Fax: 650-931-2506 The lack of opposition means that the accountability described above is eliminated altogether in some situations. 3. Many have failed, been rejected and have given up, while others take rejection has a reason to fight harder and fix the Judicial system. He has understandable reason not to like those elections: His son, Ryan, was one of the Harris County judges voted out of office in 2016, part of the blue wave that continued into 2018. This means interacting with their districts and providing plans on how they intend to handle the cases that come before them in the courtroom. I believe that the selection of judges in texas should be reformed. F^J$L0;uv^F-2 zjqh Appointment based systems do a better job than electoral systems of keeping the judiciary from being politicized. WebTexas' Judicial Selection Process. "How many voters are smart enough to interpret legal decisions and judge the judges?" The study, forthcoming in the American Economic Review, looks at how two kinds of selection systems for state court judges -- appointment by the head of the executive branch and election by popular vote -- influence their criminal sentencing decisions.
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pros and cons of electing judges in texas
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