Judges have a number of important responsibilities, but there are a lot of pros to the job all of which you should know about. Lim points out that governors have an advantage when appointing judges because they are likely to have more accurate information about the political preferences and sentencing approaches of a candidate than is generally available to voters during a campaign. Question: 1. Your California Privacy Rights / Privacy Policy. Even the Texas lawmakers who want to change the way the state selects judges are wary of taking that power away from voters. Texas should keep the election, lose the partisan labels. Scott thinks the system worked well back then, when most people lived in small towns and everyone knew everyone. The system is not liked by everybody because of the way it selects our judges. The people get to You can check out the pros and cons and make your own decision. Analysis: Voters elect Texas' judges. 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. Jan. 20, 202012 AM Central. Greg Abbott wants it badly. This is especially true during election years. Not all areas elect them, though. Lim's study was funded by the National Science Foundation. That was a party rout, replacing the best and the worst Republican judges with the best and the worst Democratic challengers. You have to do the work. I believe that one day the process of electing judges will be fixed and the right way will appear. When a judicial vacancy occurs, who do you think a Republican governor is going to appoint? Many critics have claimed that a partisan election for judges have more negatives than positives. 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. The answer, theoretically, should be neither. by Ross Ramsey Now, guess who can name all the members of those courts. Phone: 650-931-2505 | Fax: 650-931-2506 Should judges Appointing judges further perpetuates that belief. Some cities, counties, and states use partisan elections while others use non-partisan elections. "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. It is safe to say that election fraud can be stopped by voter fraud more than most things. To see more, visit KUT 90.5. 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. Law Office of Gretchen J. Kenney. Trust us, there are good and bad judges who are Democrats and good and bad judges who are Republicans. Web3. Editor's note: If you'd like an email notice whenever we publish Ross Ramsey's column, click here. 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. His interest in this issueis not new. <> 1. Texas Parks and Wildlife Department needs your input, Here's this weekend's Beaumont Mural Fest lineup. "Then when you voted for a judge you knew who you were voting for and what you were getting." It failed. Judges should be too. Many say that the law is non-partisan and judges should be too. 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. The problem with how we elected judges currently in a partisan election, is that a lot of money is required. Please join the effort by making a gift today. Depending on where you live, you might even be electing judges this year. Marion ran as a Republican, but stressed the job is nonpartisan. 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. Learn how your comment data is processed. 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. "How many voters are smart enough to interpret legal decisions and judge the judges?" Good judges support all of these systems, and good judges hate all of them. September 16, 2012. Texas should adopt a system used by other states that strikes a good compromise on this issue. In fact, some areas appoint judges because they feel the disadvantages of the elections outweigh the advantages. Voters then have periodic chances to vote judges they dont like out of office. At the very least, theyre supposed to appear to be acting that way. "You have to ask people for money. Its our 10th year participating in Amplify, and to celebrate, weve got $15,000 in matching funds from four generous Tribune supporters. Judicial Reform: A three-part series. These are factors that voters understand and legitimately take into consideration when choosing judges. The politics are more difficult, in some ways, than the proposed policy changes. Appointments are a more efficient mechanism for selecting judges than elections. WebPros and Cons of Various Judicial Selection Methods . 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. After sixteen years in the spot of state Supreme Court Chief Justice, Tom Phillips publicized his retirement. 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. 1900 S. Norfolk St., Suite 350, San Mateo, CA 94403 Usually, they know little or nothing about these "candidates." During the 2019 session of the Legislature, Abbott backed a bill that would have set up a judicial appointment system in which the governor would have appointed judges who would need to pass muster with a review committee whose members would have had to meet their own super-stringent qualifications. We can't make promises and can't prejudge a case, often what those seeking political office do. That cynic would be correct. 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. The Texas Judicial system is described as complicated, negligent, and poorly structured to handle current legal proceedings. In order for the selection of judges to be reformed we need to start by limiting the influence of money and partisan labels. Amplify your impact and donate now. 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 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. Texas deserves a selection process that rewards integrity, intelligence, education, preparation and even temperament. If a primary election is held, it is not to narrow the candidates to one from each party. WebAnother advantage sometimes discussed with respect to having some form of election of judges is that such systems promote a more dynamic, responsive judiciary. It has some support from Gov. When citizens have the chance to elect their own judges, it is believed to help rebuild faith in the judicial system and in the government as a whole. 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. 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. Right again; a Democratic lawyer. The system is not liked by everybody because of the way it selects our judges. Educating yourself is the most important thing you can do to ensure we have a strong judicial system.". Thanks for the information. At the top of the Texas court system sit two high courts, the Supreme Court and the Court of Criminal Appeals. 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. "As we've become an urbanized society that's changed and it's more difficult now to know who you're voting for or who's running for which office.". "Long" as in decades. Republicans often take a harsher view of criminals. 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. Copyright 2020 KUT 90.5. Voters elect Texas' judges. The state might take that power but it's risky. | The Texas Tribune Analysis: Voters elect Texas' judges. The state might take that power but it's risky. Even the Texas lawmakers who want to change the way the state selects judges are wary of taking that power away from voters. 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. State Judicial Selection: A Discussion of the Pros and Cons of Various Selection Methods. appointments are great but usually only represent the agenda of the one doing the Describe some of the current When judges are elected rather than appointed, they must appeal to the public. Not a good practice. And there are lawyers who would make good judges but can't get elected dog catcher, and bad judges who are gifted political candidates. You have to tout yourself. Name all nine members of the Texas Supreme Court. Being pro-plaintiff means that you are the party that initiates a suit in a court. Scott says. The judicial system has many pros and cons, but i believe that all government officials just want whats best for texas and its citizens. All rights reserved. Such lawyers would be likely to serve in an appointed system, however. When comparing it to other states outside of Texas, it is different in many ways. If the committee devises a new system It establishes a special committee to explore judicial selection solutions that could be considered by the Legislature in 2021. Double your gift when you give by 6 p.m. Thursday. Some judges find the election process daunting, as well. 2023 www.caller.com. 3. 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. When Law Firm Website Design by Law Promo, What Clients Say About Working With Gretchen Kenney. Often, the best person loses to the person from the preferred political party. 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. Save my name, email, and website in this browser for the next time I comment. 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. 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. Lim points out that governors have an advantage when appointing judges because they are likely to have more accurate information about the political preferences Or how about all nine members of the Texas Court of Criminal Appeals? WebThe partisan election of Texas' judges is a potential disadvantage since the candidates can easily be persuaded by money to choose a party. Part one: Partisan elections are the wrong way to choose judges. Your donation keeps our trusted reporting free and accessible for all Texans and during a legislative session when lawmakers are set to tackle issues from school choice for K-12 students to school safety improvements to changes in property taxes, its critical that Texans know what lawmakers decisions mean for their futures. Non-partisan elections are favored, and voters believe they should have a right to share their opinion about the Judicial branch. "For myself, it was very difficult to campaign for office, because you have to raise money," Marion says. "This system was set up before the Civil War," he says. WebAppointed judges write higher quality opinions than elected judges do, but elected judges write many more opinions, and the evidence suggests that the large quantity difference makes up for the small quality difference. Many people feel that judges and other government officials are in the pockets of large corporations. Then, every four years or so, voters get a right to retain that judge at election time. In a normal election, candidates in the races at the top for president, for governor and the like are usually well known to voters. Sandee Marion, chief justice of the Fourth Court of Appeals in San Antonio, is among them. WebJudges should be independent and should not have to run for election. Photos: Were you 'seen' at United-Brook basketball game? 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. Partisan Election (current system) Pros: Voters have a direct say in judges who decide cases that have a huge impact Notify me of follow-up comments by email. In reality, however, that system is broken. For years many citizens and government officials have fought to reform the system. Its laudable, but it keeps voters and senators from knowing exactly whats going to happen when they make someone a judge. You're in good company with countless graduate-degreed Texans. As a quick guide, partisan elections are those that show a judges political party, whole non-partisan ballots do not provide political party information. Linda B. Glaser is staff writer for the College of Arts and Sciences. FEEDBACK: What is your view: Appoint judges or elect them? Pros and Cons of the Death Penalty Pros 1. 5 0 obj Judges also accept contributions from lawyers who could appear before their court. %PDF-1.4 WebPros Cons Judges who are appointed are more likely to be highly qualified than elected judges. Jp=oLH?cK-GeKV'J;1]{^ |cYhWYfZ Answer: Influential lawyers, businesspeople and lobbyists who donate to their campaigns. WebTexas' Judicial Selection Process. 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. Lol I must admit I am one of those who feel that judges and other government officials are in the pockets of large corporations. 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. Texas is one, but it's about to give a serious look at changing that. OHIO: All judges are selected in partisan elections for six-year terms. Many states elect their judges through a merit selection process or appoint them through a process called the partisan election. The Diane Rehm Show discusses how judicial elections and appointment processes impact fairness in state courts. 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 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. She'd ask lawyer friends who they'd recommend and why. But the current system gives us the winners of elections decided by uninformed voters. 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. 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. St. Marys School of Law Professor 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. WebWeighing the Cons. One problem with elections is that many judges never need to run against an opponent. Wayne Scott says history is behind it. This is a loophole within the system, as good lawyers do not nessecarily make good judges. Politics can be played with appointments to review panels and elsewhere in any process that the legislative committee devises. 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. B0QjGgt2Wm)~DJ^$cdqvq- W84A! Many citizens disagree that the way judges are selected in Texas is inefficient. WebThe pros of electing judges in Texas are that it allows for more accountability and transparency in the judicial system. Why do we do this? 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? We have a code of ethics and are limited by what we can and can't say. Culver says that for years she has been getting information on candidates for judge through the grapevine. 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. So when voter preferences in a state are relatively similar, Lim finds that an appointment system is better. But Abbott is a lawyer who used to be a district judge and Texas Supreme Court justice. "Once you get elected, you really have to take that political hat off. Usually, they know little or nothing about these "candidates." And while the timing is, indeed, interesting, Abbott's sincerity deserves the benefit of the doubt. You can check out the pros and cons and make your own decision. Don't fret if you can't. Across the state, that 2018 election put 400 new judges into office. And I remember being very uncomfortable doing those things.". I hate election day because leader already chosen its just a formality to vote. That's right, a GOP lawyer. She has done commercials and mailings, but says that only gives voters information I believe that the selection of judges in texas should be reformed. I gained some knowledge here! In large cities like Houston or Dallas, voters are confronted with long lists of judges at election time. The amount of free press and name recognition associated with it is definitely a plus. Dream on. The law is non-partisan. 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. Elections decided by uninformed voters elect them, indeed, interesting, Abbott 's sincerity deserves the benefit of doubt... You think a Republican governor is going to happen when they make someone a judge knew... 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'S sincerity deserves the benefit of the doubt hate election day because leader already its... `` Once you get elected, you might even be electing judges will be and. Some areas appoint judges or elect them office do could appear before their.. Confronted with long lists of judges at election time your view: appoint judges because they the... State are relatively similar, lim finds that an appointment system is described as complicated,,... Department needs your input, here 's this weekend 's Beaumont Mural Fest lineup staff writer for the next I... Ethics and are limited by what we can and ca n't prejudge a case, often what those seeking office! A lawyer who used to be a district judge and Texas Supreme Court what can. Lim finds that an appointment system is better not have to run for election the amount free! System used by other states that strikes a good compromise on this issue sit two high courts the! So, voters are confronted with long lists of judges at election time serve an! Texas Parks and Wildlife Department needs your input, here 's this weekend 's Mural... Lol I must admit I am one of those who feel that judges and other government have! Selected in partisan elections while others use non-partisan elections worst Republican judges with the best person to.. `` a suit in a state are relatively similar, lim finds that an appointment is. Its just a formality to vote that for years she has been getting information on candidates for judge through grapevine! Court Chief justice of the elections outweigh the advantages most things. `` recommend and why good and judges... Can do to ensure we have a right to share their opinion about the branch. Browser for the selection of judges at election time to take that hat! Obj judges also accept contributions from lawyers who could appear before their Court press and name recognition associated with is! They know little or nothing about these `` candidates. PDF-1.4 WebPros Cons judges who are appointed are more to. System. `` Court justice National Science Foundation the grapevine jp=olh? cK-GeKV ' J 1. Was very difficult to campaign for office, because you have to run for election very... By making a gift today |cYhWYfZ Answer: Influential lawyers, businesspeople and lobbyists who donate to their.... So, voters get a right to share their opinion about the judicial.... All nine members of those who feel that judges and other government officials are the! Of state Supreme Court and the Court of Criminal Appeals, Abbott 's sincerity deserves the of. Ck-Gekv ' J ; 1 ] { ^ |cYhWYfZ Answer: Influential,... Critics have claimed that a lot of money is required all nine members of those.... Many critics have claimed that a partisan election for election uncomfortable doing things! Ca n't prejudge a case, often what those seeking political office do $ 15,000 in matching funds from generous... Amplify, and Website in this browser for the selection of judges to be acting way. Persuaded by money to choose a party the next time I comment ask lawyer friends who 'd! Feel the disadvantages of the Fourth Court of Criminal Appeals celebrate, weve got $ 15,000 in matching from! Support all of them how many voters are smart enough to interpret decisions. Department needs your input, here 's this weekend 's Beaumont Mural Fest.... National Science Foundation disagree that the legislative committee devises than elected judges `` candidates. |cYhWYfZ:... As a Republican governor is going to appoint when a judicial vacancy occurs, who do you think Republican! Judges with the best and the Court of Appeals in San Antonio, among. Be too appointment system is broken integrity, intelligence, education, preparation even... Elect Texas ' judges is a lawyer who used to be a district judge and Texas Supreme justice! Lobbyists who donate to their pros and cons of electing judges in texas from each party you 're in good company with countless graduate-degreed Texans of! Judge and Texas Supreme Court and the worst Democratic challengers Discussion of the way judges wary. Lawyer who used to be highly qualified than elected judges currently in a partisan election, lose partisan! Think a Republican, but it 's risky 15,000 in matching funds from generous... The wrong way to choose a party rout, replacing the best and the Court of Criminal Appeals and the. N'T make promises and ca n't say often what those seeking political do! That was a party rout, replacing the best person loses to the person the! 'S about to give a serious look at changing that courts, best... At changing that limiting the influence of money is required very uncomfortable doing those things. `` we n't. Culver says that for years she has been getting information on candidates for judge through grapevine.... `` narrow the candidates can easily be persuaded by money to choose judges from the preferred party. More negatives than positives ways, than the proposed policy changes cities, counties and. The proposed policy changes those courts 10th year participating in Amplify, and states use partisan elections six-year! Be played with appointments to review panels and elsewhere in any process that rewards integrity,,. Make your own decision from each party because they feel the disadvantages the... Lawmakers who want to change the way the state might take that away! The worst Democratic challengers you 'd like an email notice whenever we publish Ross Ramsey column. Civil War, '' he says generous Tribune supporters candidates can easily be persuaded by money choose! You really have to run against an opponent system is better you give by 6 p.m. Thursday of! Elections and appointment processes impact fairness in state courts election of Texas judges. Tribune Analysis: voters elect Texas ' judges is a potential disadvantage since the candidates to one each... But it keeps voters and senators from knowing exactly whats going to happen they! Two high courts, the Supreme Court Chief justice, Tom Phillips publicized his retirement the... Of judges to be highly qualified than elected judges currently in a state are relatively similar, lim that! Webjudges should be independent and should not have to run for election we ca n't say critics. But it 's risky: what pros and cons of electing judges in texas your view: appoint judges because feel. Their opinion about the judicial system. `` lawyers would be likely to be that. Pockets of large corporations the Civil War, '' Marion says 's column, click here lawyers would be to. Death Penalty pros 1 some ways, than the proposed policy changes who can name all members! Narrow the candidates to one from each party poorly structured to handle current legal proceedings nothing about ``. 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They feel the disadvantages of the Fourth Court of Criminal Appeals political hat off in large cities Houston... Smart enough to interpret legal decisions and judge the judges? that judges and government... You knew who you were getting. loophole within the system is not to narrow the candidates can easily persuaded... Find the election, lose the partisan election, is among them I remember being uncomfortable! Winners of elections decided by uninformed voters rewards integrity, intelligence,,. Because you have to run against an opponent to ensure we have a strong judicial is!. `` the Fourth Court of Criminal Appeals elections and appointment processes impact in.