The downside to judges is that they can have a very narrow viewpoint and can be out of touch with reality since they live in a very different world to that of most of the people appearing before them (both as defendants and victims. Puisne judges and holders of offices under schedule 14, eg circuit judges, recorders, district judges, tribunal members (section 85) sections 86-93 under the provisions of the constitutional reform act 2005 the first step of judicial selection process is the vacancy request of any judicial office from the lord chancellor to the jac. Purpose of lifetime appointment and pros and cons share the constitution provides for the lifetime appointment of every supreme court justice, though not through any direct language instead, the document addresses the ability of court justices to hold office “during good behavior” and. The diane rehm show discusses how judicial elections and appointment processes impact fairness in state courts some critics argue elections create political biases which weaken judicial impartiality 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.
The greatest advantage is an independent judiciary that does not depend on the whims of government officials or even the electorate judges have to make unpopular decisions sometimes. A lawyer, mr azubuike ananaba weekend, urged the federal government to set in motion a new system of appointing judicial officers in order to guarantee total independence of the judges. Appointing judges, then, could be a full-time job a president relies on many sources to recommend appropriate nominees for judicial posts recommendations often come from the department of justice, the federal bureau of investigation, members of congress, sitting judges and justices, and the american bar association. Judges should be selected with the intention of being objective and non-partisan, not elected to implement a particular party’s platform the best way to guarantee unbiased and fair rulings in our courts is by establishing appointment as the standard method of judicial selection.
“term limits would help usher out judges with mental decrepitude and loss of stamina, eliminate strategic retirement for political reasons, reduce animosity in confirmation, and return to traditional levels of judicial independence”. The process of selecting state judges varies from state to state some are elected, some are appointed, and in some states there are appointments that then go to voters for approval the idea is to have state judges who represent the citizens of the state and not the political powers that be, but. 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. Legislative election of judges is a method of judge selection in which the state legislature votes to select the judges that will serve on the general jurisdiction and appellate courts within the. Advantages of appointing judges consequences, both good and bad, of presidential appointment of federal judgesis this the right process, or should judges be elected by the people there are many good and bad consequences of presidential appointment of federal judgeshowever, this current policy is very unfair it is essential to keep a balanced amount of political parties within the supreme.
As a result, many judges are beholden not to the present electorate, but to the electorate of decades past in other words, americans, via the court, must live with the tyranny of their grandparents. Electing such officials as state court judges has drawbacks, compared with appointing them, finds a new study elected state court judges vary widely in their sentencing, the study reports (aug 8, 2012. Both appointed judges and elected judges are susceptible to political influence whoever does the appointing can be influenced (by politics, by endorsements, whatever)--just like the voters. The basic advantages of the gubernatorial appointment model, whether with gubernatorial discretion or with selection from a commission’s list, are (1) that one individual is ultimately responsible for the selection of judges, and (2) that judicial candidates need not suffer the ordeal of a partisan political campaign, for which an ideal.
Back in 1974, floridians saw the wisdom of amending the state constitution so the most important judges would no longer be elected, but instead appointed by the governor in a. Again generally speaking, appointed judges tend to be more apolitical than elected judges the main problem with judicial appointments in the us is the life term scalia, kennedy and thomas are all already among the longest serving justices in history - scalia has been on the court almost 30 years. The authors were appropriately cautious in interpreting their findings, but any fair reading of their results suggests that elected judges are, at worst, equal to appointed judges in quality and. The debate over elected vs appointed judges is coming up once more in the state legislature in a fairly roundabout way two state senators from philadelphia, vincent fumo and anthony williams.
The biggest advantage to electing judges and justices is that they would be accountable to the people however, the disadvantage would be subjecting them to political influence and pressure. The judicial appointments commission is separate from the commission for judicial appointments (cja) the cja was established in march 2001 to review the procedures for the appointment of judges and qcs, and to investigate complaints into those procedures. Researchers find appointed justices outperform elected counterparts by michael hotchkiss, office of communications judges may be appointed to state supreme courts, elected in competitive elections or face retention elections lewis and shum provides one of the first efforts to quantify these advantages and disadvantages of elections. Background and context the election of judges has been a highly contentious issue for years while most countries do not have judicial elections, prominent exceptions exist, including the united states, japan, and switzerland.