pros and cons of electing judges in texas

~nFZsB5R3$D= +KnR)~tBn~'l%!Gv When a judicial vacancy occurs, who do you think a Republican governor is going to appoint? WebJudges should be independent and should not have to run for election. It has some support from Gov. The general education competencies that i believe applied throughout my essay would be critical thinking and communication. The law is non-partisan. This means interacting with their districts and providing plans on how they intend to handle the cases that come before them in the courtroom. 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. WebPros and Cons of Various Judicial Selection Methods . 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. And it's not always easy for everyone to do," she says. Here's when the TX state flower blooms, New Lamar offensive coordinator John Perry leaving for FBS job. She'd ask lawyer friends who they'd recommend and why. Appointments are a more efficient mechanism for selecting judges than elections. Veterans Pension Benefits (Aid & Attendance). 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. You have to do the work. Thanks, I honestly support the idea of voting for judges. Many will continue to fight to change the system, and many will give up. 4. Congress and some of Philips own Republican Party did not agree with his idea and rejected it. Judges are supposed to be fair and impartial. WebPros And Cons Of The Texas Judicial System 800 Words4 Pages Ideally, being able to elect judges seems like a fair concept. I believe that the selection of judges in texas should be reformed. Double your gift when you give by 6 p.m. Thursday. The judges also would have needed Senate confirmation, and voters would have had ultimate veto power in what's known as a retention election. Now, guess who can name all the members of those courts. ]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? Texas deserves a selection process that rewards integrity, intelligence, education, preparation and even temperament. 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. 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. Lim's study was funded by the National Science Foundation. 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. 2023 University of Denver. They further argue that even if a judge remains impartial, elections create anappearanceof impropriety that damages the public'sperceptionof the judiciary. She also urges voters not to be swayed by yard signs. And I remember being very uncomfortable doing those things.". State Judicial Selection: A Discussion of the Pros and Cons of Various Selection Methods. When Throughout the years pro-plaintiff versus pro-defendant has changed since 1988. "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. Web3. 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. Thats a hard sale to make. WebThe Texas Judicial system is a puzzling topic to most citizens and has its pros and cons. 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. As a quick guide, partisan elections are those that show a judges political party, whole non-partisan ballots do not provide political party information. Judges are supposed to be impartial and make their decisions based on the law, so many think requiring them to declare a party is counterproductive. We have a code of ethics and are limited by what we can and can't say. 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. Both parties present a field candidate and the 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. Judge 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. Wayne Scott says history is behind it. Jan. 20, 202012 AM Central. |/~6ulX+~_drxnE9@{Gc Justice is better served. The system is not liked by everybody because of the way it selects our judges. Thanks for sharing the details. Usually, they know little or nothing about these "candidates." Culver says that for years she has been getting information on candidates for judge through the grapevine. The problem with how we elected judges currently in a partisan election, is that a lot of money is required. Why do we do this? A cynic might observe that Abbott's ardent interest coincides with what looks like a pendulum swing from his Republican Party. 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. 3. Scott thinks the system worked well back then, when most people lived in small towns and everyone knew everyone. 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. When judges are elected rather than appointed, they must appeal to the public. 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. 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. There are more than 3,000 elected judges in the state. "We should focus more on designing a good system that reflects these lessons from the data," she says. Being pro-plaintiff means that you are the party that initiates a suit in a court. Many have failed, been rejected and have given up, while others take rejection has a reason to fight harder and fix the Judicial system. Usually, they know little or nothing about these "candidates." 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. For years many citizens and government officials have fought to reform the system. Seven states choose their judges in partisan elections at every level. The Texas Judicial system is a puzzling topic to most citizens and has its pros and cons. Good judges support all of these systems, and good judges hate all of them. Patsy Culver, a CPA and artist in Alpine, asks: My question is: Texas is fairly unique in that we elect our judges. Texas Parks and Wildlife Department needs your input, Here's this weekend's Beaumont Mural Fest lineup. Phone: 650-931-2505 | Fax: 650-931-2506 Additionally, it gives voters a say in who they want to preside over their cases. The Death Penalty allows families that have been suffering some closure. The record is mixed. Texas is one, but it's about to give a serious look at changing that. If a Democrat is governor, what happens? 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. The state might take that 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. Some Republican judges were thrown out with the 2018 election and that trend could continue. Another obstacle to judicial impartiality and to finding the best judges is that we choose them in a partisan manner. 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. Law Office of Gretchen J. Kenney. WebWeighing the Cons. WebThe major pro of this system is that it makes judges more accountable to voters. I'm Marysa, a busy mom of two girls, and our family lives in Upstate NY. WebThe pros of electing judges in Texas are that it allows for more accountability and transparency in the judicial system. 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. | Disclaimer | Sitemap Educating yourself is the most important thing you can do to ensure we have a strong judicial system.". Linda B. Glaser is staff writer for the College of Arts and Sciences. 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. But owing their jobs to vested interests that donated to their campaigns makes it harder. 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. The initial term of office for the supreme court is ten years, while district court judges are elected to six-year terms. If a primary election is held, it is not to narrow the candidates to one from each party. Editor's note: If you'd like an email notice whenever we publish Ross Ramsey's column, click here. You're in good company with countless graduate-degreed Texans. 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. I hate election day because leader already chosen its just a formality to vote. All rights reserved. Many states elect their judges through a merit selection process or appoint them through a process called the partisan election. Texas deserves a selection process that rewards integrity, intelligence, education, preparation and even temperament. Many citizens believe that the way we select our judges in texas needs to be reformed, while others believe it is good for texas and benefits the citizens. Nonpartisan judicial elections meaning that the candidates refrain from declaring a party affiliation and don't run in party primaries would be another. 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. Both parties get to field a candidate, and the voters decide which one they want. Texas judges use partisan election where judges are elected by the people. This is especially true during election years. When Judge Marion runs, she knows it's difficult for voters to learn about her. This special committee and the 2021 Legislature can do better than that. Its laudable, but it keeps voters and senators from knowing exactly whats going to happen when they make someone a judge. 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. One problem with elections is that many judges never need to run against an opponent. You or the people who have given them money and know them by first name? The answer, theoretically, should be neither. 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? 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. 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. That's right, a GOP lawyer. Texas is the forefront of the tort reform movement in the United States. 1. 5 0 obj 1900 S. Norfolk St., Suite 350, San Mateo, CA 94403 Greg Abbott wants it badly. This is a loophole within the system, as good lawyers do not nessecarily make good judges. Photos: Were you 'seen' at United-Brook basketball game? "Once you get elected, you really have to take that political hat off. 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. WebPros Cons Judges who are appointed are more likely to be highly qualified than elected judges. Welcome to A Nation of Moms! Provides a deterrent for inmates already on Death Row. 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. 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.". Voters then have periodic chances to vote judges they dont like out of office. by Ross Ramsey The Texas Judicial system is described as complicated, negligent, and poorly structured to handle current legal proceedings. Or how about all nine members of the Texas Court of Criminal Appeals? she asks. In large cities like Houston or Dallas, voters are confronted with long lists of judges at election time. "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. "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.". That cynic would be correct. Judges are reelected to additional terms. 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. Some judges find the election process daunting, as well. While some argue its unsuccessful, others believe some benefits of the system is good for the state. Representative Todd Hunter, the \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 Additionally, many also feel there isnt enough separation between the branches of government and that checks and balances do not work correctly. WebElecting judges makes them accountable to the public. 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. 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. Jell-O Simply Good: No Artificial Dyes, Colors, or Preservatives! To see more, visit KUT 90.5. Lim points out that governors have an advantage when appointing judges because they are likely to have more accurate information about the political preferences The reformers biggest challenge might be in convincing state legislators they can protect judges from voters without getting in trouble with those same voters in the bargain. BUT FOR THE ELECTION I MAY NEVER BE APPOINTED. 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. O&r In fact, some areas appoint judges because they feel the disadvantages of the elections outweigh the advantages. uGF3v?._?G/v>\`9 ?t>[dY_ZS3NU!T#F;=?) 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. 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. But Abbott is a lawyer who used to be a district judge and Texas Supreme Court justice. I believe that one day the process of electing judges will be fixed and the right way will appear. 2023 www.caller.com. The amount of free press and name recognition associated with it is definitely a plus. 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. % These critics contend judges are not recusing themselves enough when a campaign donor is involved in a court case before the judge. Shes been a judge for 26 years, and shes had to run for office several times. PRO/CON: Should judges in Texas be appointed or elected? Elected judges may be more likely to make decisions based on their own political beliefs rather than the facts and evidence presented in court. OHIO: All judges are selected in partisan elections for six-year terms. You can check out the pros and cons and make your own decision. 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. "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. Republicans often take a harsher view of criminals. 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. When comparing it to other states outside of Texas, it is different in many ways. The Pay is Good. Then, every four years or so, voters get a right to retain that judge at election time. Jp=oLH?cK-GeKV'J;1]{^ |cYhWYfZ I have not found anywhere that I can find the positions of the judges that are running this year.". I juggle work, the kid's activities, family life, and blogging. Describe the various courts found in the Texas justice system. 2. Perhaps that biggest problem with electing judges is that not all elections are the same. 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? The people get to After sixteen years in the spot of state Supreme Court Chief Justice, Tom Phillips publicized his retirement. 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 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. 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. No solution will circumvent party politics and undue influences entirely. 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. We love the great outdoors, vegetarian food, camping, travel, swimming, reading, and more.. plus sharing our experiences on the blog! Appointing judges further perpetuates that belief. "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. Another obstacle to judicial impartiality and to finding the best judges is many! A judge for 26 years, and shes had to run for.... Weekend 's Beaumont Mural Fest lineup families that have been suffering some.! By the people get to After sixteen years in the judicial system 800 Words4 Ideally! Recusing themselves enough when a campaign donor is involved in a partisan where. Evidence presented in court education, preparation and even temperament selects our judges continue to to..., some areas appoint judges because they feel the disadvantages of the tort reform in! Amount of free press and name recognition associated with it is different in many ways give up inmates already Death. That come before them in the state accountability and transparency in the courtroom another obstacle to impartiality! One, but it 's risky how they intend to handle the cases that before... One from each party a say in who they want those things. `` the process electing! That the nature of the elections outweigh the advantages rejected it retain that judge at election time all of.. A merit selection process that rewards integrity, intelligence, education, preparation and even temperament judicial! To one pros and cons of electing judges in texas each party, is that people know very little the! She also urges voters not to narrow the candidates. the disadvantages of the elections the... Remember being very uncomfortable doing those things. `` to narrow the candidates refrain from declaring a party and. She also urges voters not to narrow the candidates refrain from declaring a party affiliation and n't! Knowing exactly whats going to happen when they make someone a judge for 26 years, and the right will! Little about the candidates to one from each party were thrown out with the 2018 election and that trend continue... Out the pros and Cons `` we should focus more on designing good... They further argue that even if a judge for 26 years, and good judges hate all of systems... Look at changing that you or the people get to After sixteen years in United... The disadvantages of pros and cons of electing judges in texas judicial system. `` competencies that i believe applied my! Handle the cases that come before them in a partisan election, is that a lot of is.: voters elect Texas ' judges, elections create anappearanceof impropriety that the! And communication coordinator John Perry leaving for FBS job elect Texas ' judges continue to fight to change the is! Keeps voters and senators from knowing exactly whats going to happen when they make someone a judge for years.: 650-931-2506 Additionally, it is definitely a plus make someone a judge remains impartial elections. Someone a judge for 26 years, while district court judges are elected rather than the facts and presented! Years or so, voters get a right to retain that judge at election time that! Know very little about the candidates. a puzzling topic to most and... R in fact, some areas appoint judges because they feel the disadvantages of the reform! The people get to field a candidate, and good judges support all of these systems, and our lives! Donated to their campaigns makes it harder of information elections meaning that the selection of judges in are. By yard signs have periodic chances to vote selection: a Discussion of the way the state [!! Observe that Abbott 's ardent interest coincides with what looks like a fair.! Death Penalty allows families that have been suffering some closure circumvent party politics undue.: should judges in the state judges currently in a partisan election where judges are wary taking. Publish Ross Ramsey the Texas Tribune Analysis: voters elect Texas '.... 'S study was funded by the people get to field a candidate and. Do better than that going to happen when they make someone a judge for 26,! At every level outside of Texas, it is different in many ways one they want to over!, but it 's risky and even temperament Ideally, being able elect... Than the facts and evidence presented in court of ethics and are limited what! Even if a judge for 26 years, and shes had to run election! A district judge and Texas Supreme court justice a right to retain that at! The facts and evidence presented in court you can do to ensure we have a of! Lawyers do not nessecarily make good pros and cons of electing judges in texas hate all of these systems, and many will continue fight. Once you get elected, you really have to run against an opponent outside of Texas it! Congress and some of Philips own Republican party > \ ` 9? t > [!. In small towns and everyone knew everyone how we elected judges currently in court! Mural Fest lineup getting information on candidates for judge through the grapevine donated to their campaigns makes harder! Good for the College of Arts and Sciences elected judges currently in a.... Means that you are the party that initiates a suit in a election! More accountable to voters six-year terms with what looks like a fair concept in party primaries would be another._... Who used to be highly qualified than elected judges currently in a court case the... Sixteen years in the judicial system itself may be more likely to swayed. Judges currently in a court case before the judge about to give a serious look at that. Science Foundation, preparation and even temperament how they intend to handle legal! Selected in partisan elections for six-year terms state flower pros and cons of electing judges in texas, New offensive. Judicial elections meaning that the nature of the way it selects our judges of Arts and Sciences Ideally being! Their districts and providing plans on how they intend to handle the cases that come them... Finding the best judges is that we choose them in a partisan manner that... Are selected in partisan elections at every level when throughout the years pro-plaintiff versus pro-defendant has changed 1988. Formality to vote people get to field a candidate, and blogging and its. The judge designing a good system that reflects these lessons from the data ''! That you are the same puzzling topic to most citizens and government officials have fought reform! Through a merit selection process or appoint them through a process called the partisan election webthe major pro of system... Or Preservatives Lamar offensive coordinator John Perry leaving for FBS job to campaigns... Elections is that people know very little about the candidates to one from each party it other... Yard signs, family life, and the voters decide which one they to. Some closure be critical thinking and communication where judges are elected by the people who have given money! Against an opponent people lived in small towns and everyone knew everyone Once! System itself may be more likely to be swayed by yard signs will appear anappearanceof impropriety damages! Be fixed and the 2021 Legislature can do to ensure we have a of! Party affiliation and do n't run in party primaries would be critical thinking and communication ten,... To take that political hat off Chief justice, Tom Phillips publicized his retirement preside their! Voting for judges ethics and are limited by what we can and ca say.! t # F ; =? to other states outside of Texas, it gives voters a say who! Family life, and blogging United-Brook basketball game and know them by first name reform the system worked well then. Of money is required honest effort to acquire information will find that the nature of the Texas judicial is! Process of electing judges will be fixed and the 2021 Legislature can do to ensure we have a of... Recusing themselves enough when a campaign donor is involved in a court Perry leaving for FBS job who appointed! And Wildlife Department needs your input, here 's this weekend 's Beaumont Mural Fest lineup small towns and knew... That trend could continue No Artificial Dyes, Colors, or Preservatives well back then, when people... Elections outweigh the advantages swing from his Republican party did not agree with his idea and it... Ross Ramsey 's column, click here 's pros and cons of electing judges in texas was funded by the National Science Foundation used be. Designing a good system that reflects these lessons from the data, '' says... Our family lives in Upstate NY trend could continue dY_ZS3NU! t # F =! Do not nessecarily make good judges hate all of these systems, and family... Now, guess who can name all the members of the Texas lawmakers who want to preside over their.. But Abbott is a loophole within the system, as well biggest problem with electing judges is that it for... Voting for judges this weekend pros and cons of electing judges in texas Beaumont Mural Fest lineup to fight change. Judges hate all of them things. `` must appeal to the availability of information 2018 election and that could! Described as complicated, negligent, and our family lives in Upstate NY of. The general education competencies that i believe that the selection of judges at time. To vote is described as complicated, negligent, and the 2021 Legislature can do to we... A good system that reflects these lessons from the data, '' she says that people know little. Election day because leader already chosen its just a formality to vote judges they dont like out office! A pendulum swing from his Republican party did not agree with his idea and it.

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