pros and cons of merit selection of judges

The president nominates the federal judges with the approval of Congress. The article summarizes five such methods, some of their history, as well as pros and cons. Thus, it is frequently believed that a president who appoints a judge to the Supreme Court is creating a legacy, helping to shape the direction of the laws for the country for a time long after their presidency has expired. ). Ambition for public office has been explored extensively in the electoral context (particularly legislative); however, we know far less about what motivates the decision to apply for judicial vacancies in merit systems. This would be like killing two birds with one stone and it would probably cost less. 11. In the case of cross-endorsements, one candidate sometimes appears on the ballot line of every partythus depriving voters of even the limited choice based on party affiliation. As far as I am concerned, there are a lot of pros and really no cons that I think are valid concerns. Judicial Selection and Removal See Kathleen L. Barber, Ohio Judicial ElectionsNonpartisan Premises with Partisan Results, 32 Ohio St. L.J. Latest answer posted June 18, 2019 at 6:25:00 AM. Also known as the Merit Selection Plan, the Missouri Nonpartisan Court Plan is referred to as a merit selection system that sees judicial candidates nominated by a nonpartisan commission who are then presented to the governor (or legislative body) for WebAlthough proponents of the legislative appointment method assert that members of the legislature may be better equipped to select judges and may be more familiar with the candidates than the people, this conclusion has not been supported by empirical evidence. web site copyright 1995-2014 18. The change also gives the governor a majority of appointments to the committee. Each process has its pros and cons but there is one that easily stands out from the others. Merit selectionparticularly the three-step versionaddresses each of these concerns. Even the best judges disagree with one another: look at the Supreme Court of the United States, which is filled with constitutional scholars from Ivy League law schools who have decades of experience as lawyers and judges, splitting 4-4-1 in the pivotal Obamacare case, National Federation of Independent Business v. Sibelius. As the purpose of a judicial system is impartial interpretation of the law, merit is everything. In either process, the first step is virtually identical: A nominating commission evaluates candidates for the open position, identifies as well-qualified a prescribed number (or range) of candidates, and submits that list of candidates to the chief executive. Goelzhauser provides clear empirical measures for his concepts of interest. Goelzhauser notes, All the speakers were attorneys or judges who knew the applicants in a professional capacity, and comments were uniformly positive (p. 27). Recently, however, the These individuals select a judge based on his or her experience and qualifications. 26. Judicial appointments, said another, are too easily controlled by the political whims of the appointing entity. Latest answer posted November 14, 2019 at 7:38:41 PM. 4, 2010) (Impeachment of G. Thomas Porteous, Jr., Judge of the U.S. District Court for the Eastern District of Lousiana), https://www.congress.gov/congressional-report/111th-congress/house-report/427/1. Judicial appointments, said another, are too However, Goelzhausers discussion illustrates that some states allow for modest inclusion of public views on potential nominees. 579, 640 (2005) (noting Professor Raoul Berger traced the phrase hold their Offices during good Behaviour to the [British] Act of Settlement of 1701 (which protected the independence of English judges by granting them tenure as long as they conduct[ed] themselves well, and provided for termination only through a formal request by the Crown of the two Houses of Parliament) and to earlier English traditions) (citing Raoul Berger, Impeachment of Judges and Good Behavior Tenure, 79 Yale L.J. In the most effective merit selection systems, this nominating commission is: In step two, the chief executive chooses the nominee from among the short list of candidates submitted by the nominating commission. However, candidates often do not run in primaries, but are chosen via nominating conventions. Webcentury debated the pros and cons of judicial elections, but relying only on political theory and assumptions, not empirical evidence. Merit selection acknowledges and accounts for the thought that knowing what individual character traits and characteristics comprise a qualitatively good judicial candidate are not necessarily something within the public sphere of knowledge. U.S. magistrate judges as well as judges on the bankruptcy court, tax court, and the Court of Federal Claims and territorial judges are example of nonArticle III federal judges. You will be redirected once the validation is complete. 265, 27475 (2008). Many states utilize executive appointment but have added methods to keep the governor in check. And contested partisan elections may impact judicial decisions by the incumbent as the day of election approaches. 22. The above two posts make it completely clear that it would be very dangerous to elect judges as politicians are elected. See Rebekkah Stuteville, Judicial Selection in the State of Missouri: Continuing Controversies, 2 Mo. Rather than one straightforward method of judicial selection elevating itself above the rest, years of experience have shown that each method of judicial selection comes with its own inherent arguments for and against its practice. They are first nominated by the president of the United States, and then with the Advice and Consent of the U.S. Senate, confirmed pursuant to the Appointments Clause in Article II of the U.S. Constitution.2 Envisioned by the framers as a means to insulate the courts from shifts in the public consensus, life tenure is derived from the good Behaviour clause in Article III of the Constitution, a concept tracing back to England.3 This system of life tenure for Article III judges has existed, more or less uninterrupted, since the Constitution was ratified in 1788. Each has its advantages and disadvantages. WebProponents of merit selection offer it as a preferable alternative to the politics and fundraising inherent in judicial elections, but opponents maintain that the appointive As seen over the course of the past century, changes regarding civil liberties, reproductive rights, and religious freedoms have been secured through precedents established by judicial decisions. As Goelzhauser notes throughout the book, transparency gaps complicate assessment of merit selection performance from a multi-state perspective; however, Nebraskas merit selection system is representative of merit systems in a number of states, so the analyses and findings offer broader insights useful beyond Nebraska state lines. Those jurisdictions that utilize a full-scale merit selection system proceed to step three: After the judge has served for a particular length of time (for example, a year), he or she must stand for retention election. Usually, judges run unopposed in retention elections, because the purpose is not to provide a partisan electoral forum for choosing a judge; rather, it is to present the voters with a referendum on the performance of a judge chosen on the basis of merit. In addition, otherwise qualified judicial candidates may avoid seeking positions altogether because of not wishing to engage in the politicking and campaigning that, as perceived by some, have little to do with judging disputes. The biggest pro of having a merit-based system of appointment is simple: you get the best and most qualified judges sitting on the bench.

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