Learn how your comment data is processed. 2023 www.caller.com. 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. Even the Texas lawmakers who want to change the way the state selects judges are wary of taking that power away from voters. Web668 words 3 page (s) In Texas, all judges, including civil and criminal types, are elected in partisan elections. 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. Veterans Pension Benefits (Aid & Attendance). I also share my vegetarian recipes at www.thebusyvegetarian.com. Law Firm Website Design by Law Promo, What Clients Say About Working With Gretchen Kenney. Jp=oLH?cK-GeKV'J;1]{^ |cYhWYfZ It establishes a special committee to explore judicial selection solutions that could be considered by the Legislature in 2021. The Texas Judicial system is a puzzling topic to most citizens and has its pros and cons. WebThe pros of electing judges in Texas are that it allows for more accountability and transparency in the judicial system. 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. It has some support from Gov. The judicial system has many pros and cons, but i believe that all government officials just want whats best for texas and its citizens. The people get to All rights reserved. When Judge Marion runs, she knows it's difficult for voters to learn about her. If a primary election is held, it is not to narrow the candidates to one from each party. The Texas Judicial system is described as complicated, negligent, and poorly structured to handle current legal proceedings. 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. This is especially true during election years. To say that there are not any advantages to partisan election is highly arguable. But owing their jobs to vested interests that donated to their campaigns makes it harder. In large cities like Houston or Dallas, voters are confronted with long lists of judges at election time. 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. Both parties present a field candidate and the Judicial selection by any method is subjective, and someone who looks like a good pick might turn out to be a terror in a black robe. 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. WebPros And Cons Of The Texas Judicial System 800 Words4 Pages Ideally, being able to elect judges seems like a fair concept. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Jan. 20, 202012 AM Central. Additionally, many also feel there isnt enough separation between the branches of government and that checks and balances do not work correctly. Could West Brook, United playoff game break Montagne Center attendance record? The Texas prison systems have many pros and cons that can be easily observed. All rights reserved. "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. On average, judges will earn between $180,000 and $270,000 per year. Shes been a judge for 26 years, and shes had to run for office several times. Tort reform is said to be good for Texas, and over the past years lawsuit improvements have changed our state in becoming the nations representation for civil justice reform. Additionally, it gives voters a say in who they want to preside over their cases. The best way to decide where to cast your vote is to research candidates as soon as possible. Web3. Representative Todd Hunter, the The five student learning outcomes that applied to the topics i discussed are, describe state and local political systems and their relationship to the government, demonstrate knowledge of the legislative, executive, and judicial branches of texas government, analyze the state and local election process, analyze issues, policies, and political culture of texas, and lastly express oneself with precision and clarity, whether orally or in writing. Linda B. Glaser is staff writer for the College of Arts and Sciences. Notify me of follow-up comments by email. The state might take that Provides a deterrent for inmates already on Death Row. Discuss the pros and cons of electing judges in Texas. But Abbott is a lawyer who used to be a district judge and Texas Supreme Court justice. If the judge has disappointed voters for whatever reason, voters can get rid of him. But another bill, authored by state Rep. Todd Hunter, R-Corpus Christi, passed with Abbott's enthusiastic support. Commission members overwhelmingly support increasing judicial qualifications and placing monetary limits on elections. In traditional economic thought, competition is always good, and just as it's good for the economy, competitive elections should also make things better. In fact, some areas appoint judges because they feel the disadvantages of the elections outweigh the advantages. Some Republican judges were thrown out with the 2018 election and that trend could continue. WebThe partisan election of Texas' judges is a potential disadvantage since the candidates can easily be persuaded by money to choose a party. ]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? Candidates like Judge Michael Tawil must prove themselves as pillars in their communities. The system is not liked by everybody because of the way it selects our judges. Describe the various courts found in the Texas justice system. I believe that one day the process of electing judges will be fixed and the right way will appear. Judges should be too. <> Name all nine members of the Texas Supreme Court. Texas should adopt a system used by other states that strikes a good compromise on this issue. Many say that the law is non-partisan and judges should be too. 2. The proposal was promising. Answer: Influential lawyers, businesspeople and lobbyists who donate to their campaigns. 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. Why do we do this? Texas judges use partisan election where judges are elected by the people. 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. Justice is better served. Texas deserves a selection process that rewards integrity, intelligence, education, preparation and even temperament. Don't fret if you can't. Rather than focus on donations and endorsements from corporations to ensure Busy blogger and mom of two girls! I gained some knowledge here! 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. Candidates have to go out and gain the trust of the people. 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. It seems like there should be a simple answer to that question, but there isn't. WebElecting judges makes them accountable to the public. 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. Question: 1. Welcome to A Nation of Moms! 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. Lim points out that governors have an advantage when appointing judges because they are likely to have more accurate information about the political preferences 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. At the top of the Texas court system sit two high courts, the Supreme Court and the Court of Criminal Appeals. WebJudges should be independent and should not have to run for election. 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. Please join the effort by making a gift today. In reality, however, that system is broken. Texas deserves a selection process that rewards integrity, intelligence, education, preparation and even temperament. Appointment based systems do a better job than electoral systems of keeping the judiciary from being politicized. Throughout the years pro-plaintiff versus pro-defendant has changed since 1988. Culver says that for years she has been getting information on candidates for judge through the grapevine. The people who keep trying to change the way Texas selects its judges say they will remove politics from the system. 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. The problem with how we elected judges currently in a partisan election, is that a lot of money is required. 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. F^J$L0;uv^F-2 zjqh In fact, during election years, judges are more likely to hand down rulings are too harsh for the crime committed simply because they want to prove to the community that they are hard on crime. Your California Privacy Rights / Privacy Policy. Additionally, who are we most likely to raise money from? But elections of public officials such as judges may have serious drawbacks. O&r You have to do the work. 4hMWV5Pfu9oUc@+ -CK})_$].. Its laudable, but it keeps voters and senators from knowing exactly whats going to happen when they make someone a judge. Greg Abbott wants it badly. Get Cornell news delivered right to your inbox. The lack of opposition means that the accountability described above is eliminated altogether in some situations. Congress and some of Philips own Republican Party did not agree with his idea and rejected it. 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. Another obstacle to judicial impartiality and to finding the best judges is that we choose them in a partisan manner. Meanwhile, an appointed state panel is talking about judicial selection again this happens from time to time in Texas trying to find a better way. --------------------------------------------------------. Pros and Cons. WebNORTH DAKOTA: All judges are selected in non-partisan elections. Double your gift when you give by 6 p.m. Thursday. 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. The politics are more difficult, in some ways, than the proposed policy changes. Thats a hard sale to make. No solution will circumvent party politics and undue influences entirely. Right again; a Democratic lawyer. "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. "Once you get elected, you really have to take that political hat off. St. Marys School of Law Professor The law is non-partisan. B0QjGgt2Wm)~DJ^$cdqvq- W84A! 3. 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. Partisan Election (current system) Pros: Voters have a direct say in judges who decide cases that have a huge impact Because judges are elected rather than appointed, they are often beholden to politics. 4. That was a party rout, replacing the best and the worst Republican judges with the best and the worst Democratic challengers. 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. She also urges voters not to be swayed by yard signs. 5 0 obj 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. 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. You can check out the pros and cons and make your own decision. Phone: 650-931-2505 | Fax: 650-931-2506 These critics contend judges are not recusing themselves enough when a campaign donor is involved in a court case before the judge. Sandee Marion, chief justice of the Fourth Court of Appeals in San Antonio, is among them. Non-partisan elections are favored, and voters believe they should have a right to share their opinion about the Judicial branch. "Then when you voted for a judge you knew who you were voting for and what you were getting." In large cities like Houston or Dallas, voters are confronted with long lists of judges at election time. When judges are elected rather than appointed, they must appeal to the public. Texas partisan judicial elections unlikely to change despite "How many voters are smart enough to interpret legal decisions and judge the judges?" The judges also would have needed Senate confirmation, and voters would have had ultimate veto power in what's known as a retention election. 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.". Some cities, counties, and states use partisan elections while others use non-partisan elections. Now, guess who can name all the members of those courts. Being pro-plaintiff means that you are the party that initiates a suit in a court. We have a code of ethics and are limited by what we can and can't say. Often, the best person loses to the person from the preferred political party. 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. 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? 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. 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. "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. 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. 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. FEEDBACK: What is your view: Appoint judges or elect them? 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. 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 Parks and Wildlife Department needs your input, Here's this weekend's Beaumont Mural Fest lineup. "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. 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. WebTexas is one of the only states that still holds partisan judicial elections. Thanks for the information. Appointments are a more efficient mechanism for selecting judges than elections. 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. PRO/CON: Should judges in Texas be appointed or elected? Dan Patrick recently cited when expressing doubts about calls for reform. 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. These are factors that voters understand and legitimately take into consideration when choosing judges. Not all areas elect them, though. I have not found anywhere that I can find the positions of the judges that are running this year.". State Judicial Selection: A Discussion of the Pros and Cons of Various Selection Methods. At the very least, theyre supposed to appear to be acting that way. 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. She has done commercials and mailings, but says that only gives voters information 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. Many people feel that judges and other government officials are in the pockets of large corporations. Part one: Partisan elections are the wrong way to choose judges. Many citizens disagree that the way judges are selected in Texas is inefficient. 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. Across the state, that 2018 election put 400 new judges into office. Full transparency is essential. The initial term of office for the supreme court is ten years, while district court judges are elected to six-year terms. WebPros and Cons of Various Judicial Selection Methods . September 16, 2012. Thanks, I honestly support the idea of voting for judges.
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