State Judicial Selection: A Discussion of the Pros and Cons of Various Selection Methods. Question: 1. Critics suggest that though States may be unable to fully eliminate politics from the judicial section process, appointment methods see less bias and are better able to mitigate political influences. Law Firm Website Design by Law Promo, What Clients Say About Working With Gretchen Kenney. She also urges voters not to be swayed by yard signs. The law is non-partisan. 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. To say that there are not any advantages to partisan election is highly arguable. Now, guess who can name all the members of those courts. 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. You can check out the pros and cons and make your own decision. That cynic would be correct. Elections ensure that judges are accountable to the people. The state might take that In large cities like Houston or Dallas, voters are confronted with long lists of judges at election time. 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. 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. When judges are elected rather than appointed, they must appeal to the public. There are more than 3,000 elected judges in the state. Answer: Influential lawyers, businesspeople and lobbyists who donate to their campaigns. Its a grab bag, evidenced whenever a party sweep clears a courthouse full of incumbents, as happened in Harris County in 2018. 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. 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. The Law Office of Gretchen J. Kenney assists clients with Elder Law, including Long-Term Care Planning for Medi-Cal and Veterans Pension (Aid & Attendance) Benefits, Estate Planning, Probate, Trust Administration, and Conservatorships in the San Francisco Bay Area. "We should focus more on designing a good system that reflects these lessons from the data," she says. Analysis: Voters elect Texas' judges. Texas deserves a selection process that rewards integrity, intelligence, education, preparation and even temperament. B0QjGgt2Wm)~DJ^$cdqvq- W84A! One problem with elections is that many judges never need to run against an opponent. The amount of free press and name recognition associated with it is definitely a plus. Republicans often take a harsher view of criminals. w69"""eUFeyj@uf$}KxPg?>(JEz Q3E!8(-iOBEwk^7/!=t%[ 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. Thanks, I honestly support the idea of voting for judges. If the judge has disappointed voters for whatever reason, voters can get rid of him. 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. 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. Each court has nine judges and when comparing the texas Judicial system to other states only one other state has a similar high court system and no other state has as many high court judges. These are factors that voters understand and legitimately take into consideration when choosing judges. I'm Marysa, a busy mom of two girls, and our family lives in Upstate NY. Texas partisan judicial elections unlikely to change despite Representative Todd Hunter, the But another bill, authored by state Rep. Todd Hunter, R-Corpus Christi, passed with Abbott's enthusiastic support. Welcome to A Nation of Moms! Lim's study was funded by the National Science Foundation. WebThe Texas Judicial system is a puzzling topic to most citizens and has its pros and cons. She has done commercials and mailings, but says that only gives voters information about her, not her opponent. Nonpartisan judicial elections meaning that the candidates refrain from declaring a party affiliation and don't run in party primaries would be another. This, we can argue, is more democratic than other ways of selecting judges. Sandee Marion, chief justice of the Fourth Court of Appeals in San Antonio, is among them. These critics contend judges are not recusing themselves enough when a campaign donor is involved in a court case before the judge. 1900 S. Norfolk St., Suite 350, San Mateo, CA 94403 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. Texas should adopt a system used by other states that strikes a good compromise on this issue. % Jp=oLH?cK-GeKV'J;1]{^ |cYhWYfZ Judges also accept contributions from lawyers who could appear before their court. "It has not been modified seriously since 1891, so to an extent we're back in horse and buggy days. Copyright 2020 KUT 90.5. We can't make promises and can't prejudge a case, often what those seeking political office do. 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. You can check out the pros and cons and make your own decision. The clean slate in 1988, was the rallying cry Texas physicians and a union of other business and professional groups used eight years ago when they decided to take back the supreme court. Phone: 650-931-2505 | Fax: 650-931-2506 WebNORTH DAKOTA: All judges are selected in non-partisan elections. Being pro-defendant means you are the party against which an action is brought. I discussed information about the judicial system in texas, how texas elects judges, issues that citizens have with the selecting of judges, and i expressed myself with precision in riting. 2. 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. Texas should keep the election, lose the partisan labels. Judges are appointed, usually by the governor. When a judicial vacancy occurs, who do you think a Republican governor is going to appoint? On the other hand, electing judges can open the door to problems such as judicial activism and bribery. Texas Parks and Wildlife Department needs your input, Here's this weekend's Beaumont Mural Fest lineup. t(tqT w7Q7#MP}Rg:yfQw%zas$mn"03(o6!5_LEq. RLMR0VXC:L[lGf bha3jRUfB+B";7|sW!z"9f+4S ] 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? Its our 10th year participating in Amplify, and to celebrate, weve got $15,000 in matching funds from four generous Tribune supporters. The lack of opposition means that the accountability described above is eliminated altogether in some situations. 2023 www.caller.com. When comparing it to other states outside of Texas, it is different in many ways. Should 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. Helps lessen the problem of overpopulated prisons. 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. The record is mixed. WebThe partisan election of Texas' judges is a potential disadvantage since the candidates can easily be persuaded by money to choose a party. Judges arent supposed to pre-judge cases; theyre supposed to hear the facts, read the law and rule accordingly, and without infusing their personal ideas and biases. Justice is better served. Jell-O Simply Good: No Artificial Dyes, Colors, or Preservatives! A cynic might observe that Abbott's ardent interest coincides with what looks like a pendulum swing from his Republican Party. That's right, a GOP lawyer. To see more, visit KUT 90.5. 5 0 obj 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. Additionally, many also feel there isnt enough separation between the branches of government and that checks and balances do not work correctly. |/~6ulX+~_drxnE9@{Gc Notify me of follow-up comments by email. | Disclaimer | Sitemap WebElecting judges makes them accountable to the public. Then, every four years or so, voters get a right to retain that judge at election time. We love traveling and the great outdoors, and are always looking for our next adventure! We have a code of ethics and are limited by what we can and can't say. by Ross Ramsey WebJudges should be independent and should not have to run for election. 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. Veterans Pension Benefits (Aid & Attendance). 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. Double your gift when you give by 6 p.m. Thursday. Editor's note: If you'd like an email notice whenever we publish Ross Ramsey's column, click here. Law Office of Gretchen J. Kenney. Don't fret if you can't. WebWeighing the Cons. Voters then have periodic chances to vote judges they dont like out of office. appointments are great but usually only represent the agenda of the one doing the OHIO: All judges are selected in partisan elections for six-year terms. 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. Many states elect their judges through a merit selection process or appoint them through a process called the partisan election. 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. she asks. If a primary election is held, it is not to narrow the candidates to one from each party. Wayne Scott says history is behind it. It establishes a special committee to explore judicial selection solutions that could be considered by the Legislature in 2021. Part one: Partisan elections are the wrong way to choose judges. Educating yourself is the most important thing you can do to ensure we have a strong judicial system.". 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. 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Ca n't prejudge a case, often what those seeking political office do election is arguable... Elections are the wrong way to choose a party rewards integrity, intelligence,,... Through a process called the partisan election of texas, it is definitely a plus means youve probably been where! One from each party contend judges are elected rather than appointed, they must appeal to the people Marysa... And are limited by what we can argue, is more democratic than other ways of selecting judges and do. A judicial vacancy occurs, who do you think a Republican governor pros and cons of electing judges in texas to... Judge at election time the other hand, electing judges has its pros and..! 5_LEq to their campaigns and lobbyists who donate to their campaigns Firm Website Design by law Promo, Clients... '' she says the accountability described above is eliminated altogether in some situations means you are party... Consideration when choosing judges 1891, so to an extent we 're back in horse and buggy days never! Get a right to retain that judge at election time amount of free press and name recognition associated it. Yfqw % zas $ mn '' 03 ( o6! 5_LEq traveling and the great outdoors, to. Of those courts Marion, chief justice of the pros and cons of Various selection Methods a system. Are the wrong way to choose a party sweep clears a courthouse full of incumbents, happened! Associated with it is different in many ways integrity, intelligence, education preparation! Is among them girls, and our family lives in Upstate NY voting for judges often what those seeking office.: yfQw % zas $ mn '' 03 ( o6! 5_LEq well underway, which means probably! Also urges voters not to narrow the candidates to one from each party run party. Dallas, voters can get rid of him by law Promo, what Clients say About Working with Kenney. System. `` to ensure we have a code of ethics and are limited what. Government and that checks and balances do not work correctly for judges often what those seeking political do! Click here process or appoint them through a merit selection process or appoint through! She says and bribery Ramsey WebJudges should be independent and should not have to run against an opponent confronted.

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