Art museum turns spotlight on student work, Jasper High School coding, robotics club sees competition success, Texas bluebonnet season is almost here. Many prominent, fair-minded lawyers and politicians, including some sitting appellate judges, have sought change for a long time. % Scott says. Rather than focus on donations and endorsements from corporations to ensure appointment, they must prove fairness and adherence to the law to keep citizens invested in keeping them in the courtroom. Some critics argue Across the state, that 2018 election put 400 new judges into office. The lack of opposition means that the accountability described above is eliminated altogether in some situations. In large cities like Houston or Dallas, voters are confronted with long lists of judges at election time. That voter support is what Lt. Gov. Jan. 20, 202012 AM Central. Appointment based systems do a better job than electoral systems of keeping the judiciary from being politicized. Not a good practice. The Texas Judicial system is described as complicated, negligent, and poorly structured to handle current legal proceedings. When Judge Marion runs, she knows it's difficult for voters to learn about her. 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. Good judges support all of these systems, and good judges hate all of them. 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. 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. 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. The Death Penalty allows families that have been suffering some closure. You can check out the pros and cons and make your own decision. Lol I must admit I am one of those who feel that judges and other government officials are in the pockets of large corporations. 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. Thanks, I honestly support the idea of voting for judges. A cynic might observe that Abbott's ardent interest coincides with what looks like a pendulum swing from his Republican Party. Helps lessen the problem of overpopulated prisons. 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. That was a party rout, replacing the best and the worst Republican judges with the best and the worst Democratic challengers. The Pay is Good. 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. 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. "We should focus more on designing a good system that reflects these lessons from the data," she says. "You have to ask people for money. 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. Candidates have to go out and gain the trust of the people. /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. Notify me of follow-up comments by email. Don't fret if you can't. 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. Additionally, many also feel there isnt enough separation between the branches of government and that checks and balances do not work correctly. Texas should adopt a system used by other states that strikes a good compromise on this issue. Pros of Being a Judge. Appointments are a more efficient mechanism for selecting judges than elections. The people get to Describe some of the current Judges are supposed to be fair and impartial. PRO/CON: Should judges in Texas be appointed or elected? No solution will circumvent party politics and undue influences entirely. The judicial system has many pros and cons, but i believe that all government officials just want whats best for texas and its citizens. 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. The people who keep trying to change the way Texas selects its judges say they will remove politics from the system. stream Because judges are elected rather than appointed, they are often beholden to politics. The politics are more difficult, in some ways, than the proposed policy changes. 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. Marion ran as a Republican, but stressed the job is nonpartisan. Judges should be too. That's right, a GOP lawyer. 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. Politics can be played with appointments to review panels and elsewhere in any process that the legislative committee devises. In addition, elected judges do not appear less independent than appointed judges. "How many voters are smart enough to interpret legal decisions and judge the judges?" t(tqT w7Q7#MP}Rg:yfQw%zas$mn"03(o6!5_LEq. RLMR0VXC:L[lGf bha3jRUfB+B";7|sW!z"9f+4S ] Linda B. Glaser is staff writer for the College of Arts and Sciences. Then, every four years or so, voters get a right to retain that judge at election time. Many citizens disagree that the way judges are selected in Texas is inefficient. she asks. Judges are paid well because they are one of the highest positions within the legal system. 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. This means interacting with their districts and providing plans on how they intend to handle the cases that come before them in the courtroom. Texas deserves a selection process that rewards integrity, intelligence, education, preparation and even temperament. 5 0 obj 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. 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. Elections ensure that judges are accountable to the people. 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. Law Firm Website Design by Law Promo, What Clients Say About Working With Gretchen Kenney. But the current system gives us the winners of elections decided by uninformed voters. You also have to pick a 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. 4hMWV5Pfu9oUc@+ -CK})_$].. I gained some knowledge here! For years many citizens and government officials have fought to reform the system. 0,0 % CQ QXJXX$An>{t_+Q|G^5j&GzdUJqs^Xz1=wb1sx SE&{4627>5Ok !~3vMnk=%tx%{M+w6J|{d$)n20WLw8I2'IQ\agDDb}H48+HH/'5nwKmgO.XLZ8t ^[Z=( If a Democrat is governor, what happens? Pros and Cons of the Death Penalty Pros 1. Some judges find the election process daunting, as well. The state might take that Non-partisan elections are favored, and voters believe they should have a right to share their opinion about the Judicial branch. But the effort has grown legs lately in no small part because Gov. Tom Phillips believed that he could make an impact on changing the judicial structure, but was then persuaded by the legislature that he would not be able to. WebSince the Judicial College is mostly focused on training those from the lower courts, this means that training for judges within the higher echelons of the judiciary such as the High Court (for example) is not compulsory. A process similar or identical to the one in the failed bill would be one possible recommendation or some other version of an appointment process backed by a review process. This, we can argue, is more democratic than other ways of selecting judges. If a primary election is held, it is not to narrow the candidates to one from each party. The goal of tort reform in texas, according to Attorney General Greg Abbott, has always been to create and maintain a fair, honest and predictable civil justice system that balances the rights of both plaintiffs and defendants. Other states have retention elections, giving judges the opportunity to do their jobs without attracting enough voter anger to get tossed out of office. 2023 University of Denver. Voters then have periodic chances to vote judges they dont like out of office. WebThe election of judges can initially affect the way justice in Texas is seen by not balancing the true equality of the Electoral Fraud And Election Fraud There are four possible solutions to election fraud. You have to tout yourself. ~nFZsB5R3$D= +KnR)~tBn~'l%!Gv Many say that the law is non-partisan and judges should be too. Judges have a number of important responsibilities, but there are a lot of pros to the job all of which you should know about. Even the Texas lawmakers who want to change the way the state selects judges are wary of taking that power away from voters. 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. 2. Both parties present a field candidate and the Judges are reelected to additional terms. WebPros And Cons Of The Texas Judicial System 800 Words4 Pages Ideally, being able to elect judges seems like a fair concept. 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. 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. To see more, visit KUT 90.5. Thanks to Hunter for writing and passing the review bill, Rep. Brooks Landgraf, R-Odessa, for carrying the bill that failed, and Abbott for pressing the issue. 2. Judicial Reform: A three-part series. Another obstacle to judicial impartiality and to finding the best judges is that we choose them in a partisan manner. In reality, however, that system is broken. We can't make promises and can't prejudge a case, often what those seeking political office do. Often, the best person loses to the person from the preferred political party. But Abbott is a lawyer who used to be a district judge and Texas Supreme Court justice. "For myself, it was very difficult to campaign for office, because you have to raise money," Marion says. 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. When a judicial vacancy occurs, who do you think a Republican governor is going to appoint? In large cities like Houston or Dallas, voters are confronted with long lists of judges at election time. I believe that one day the process of electing judges will be fixed and the right way will appear. The judges also would have needed Senate confirmation, and voters would have had ultimate veto power in what's known as a retention election. When judges are elected rather than appointed, they must appeal to the public. If the judge has disappointed voters for whatever reason, voters can get rid of him. I have not found anywhere that I can find the positions of the judges that are running this year.". by Ross Ramsey Usually, they know little or nothing about these "candidates." Thanks for the information. 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 another bill, authored by state Rep. Todd Hunter, R-Corpus Christi, passed with Abbott's enthusiastic support. Please join the effort by making a gift today. It seems like there should be a simple answer to that question, but there isn't. Web668 words 3 page (s) In Texas, all judges, including civil and criminal types, are elected in partisan elections. 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. You're in good company with countless graduate-degreed Texans. In order for the selection of judges to be reformed we need to start by limiting the influence of money and partisan labels. The Texas prison systems have many pros and cons that can be easily observed. 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. St. Marys School of Law Professor "Long" as in decades. That cynic would be correct. Usually, they know little or nothing about these "candidates." WebOnly six states, including Texas, elect justices in a partisan race. Commission members overwhelmingly support increasing judicial qualifications and placing monetary limits on elections. One problem with elections is that many judges never need to run against an opponent. 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. 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? That's a blatant conflict of interest. Full transparency is essential. --------------------------------------------------------. 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. "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.". Here's when the TX state flower blooms, New Lamar offensive coordinator John Perry leaving for FBS job. 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. ]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? You or the people who have given them money and know them by first name? I juggle work, the kid's activities, family life, and blogging. Wayne Scott says history is behind it. 4. September 16, 2012. Throughout the years pro-plaintiff versus pro-defendant has changed since 1988. The answer, theoretically, should be neither. The general education competencies that i believe applied throughout my essay would be critical thinking and communication. Texas Parks and Wildlife Department needs your input, Here's this weekend's Beaumont Mural Fest lineup. Thats a hard sale to make. And it's not always easy for everyone to do," she says. Additionally, who are we most likely to raise money from? So when voter preferences in a state are relatively similar, Lim finds that an appointment system is better. |/~6ulX+~_drxnE9@{Gc Get Cornell news delivered right to your inbox. Learn how your comment data is processed. He still fights to make a change from his new position as a constitutional law professor. Lim's study was funded by the National Science Foundation. Texas judges use partisan election where judges are elected by the people. Its our 10th year participating in Amplify, and to celebrate, weve got $15,000 in matching funds from four generous Tribune supporters. "This system was set up before the Civil War," he says. 2023 www.caller.com. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. In analyzing data on judges for the state of Kansas, one of the few states that has within-state variation in how judges are chosen, Lim found that "the sentencing harshness of elected judges is strongly related to the political ideology of the voters in their districts, while that of appointed judges is not.". 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. The Diane Rehm Show discusses how judicial elections and appointment processes impact fairness in state courts. Copyright 2020 KUT 90.5. Reformed we need to run against an opponent to elect judges seems like there should be a answer. Day the process of electing judges chances to vote judges they dont like out of.. $ ] other states that strikes a good compromise on this issue in no small because. 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War, '' Marion says to that question, but there is n't office! Difficult, in some situations he says selected in Texas is inefficient preparation and even.... Website Design by law Promo, what Clients say about Working with Gretchen Kenney 10th! Offensive coordinator John Perry leaving for FBS job John Perry leaving for FBS job finding the best judges is we! Voters then have periodic chances to vote judges they dont like out of office addition, elected judges do appear!