pros and cons of electing judges in texas

Depending on where you live, you might even be electing judges this year. 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. --------------------------------------------------------. Judges are supposed to be fair and impartial. When a judicial vacancy occurs, who do you think a Republican governor is going to appoint? Patsy Culver, a CPA and artist in Alpine, asks: My question is: Texas is fairly unique in that we elect our judges. Name all nine members of the Texas Supreme Court. Analysis: Voters elect Texas' judges. Other candidates who get money from donors are also susceptible to influence from them. You have to do the work. FEEDBACK: What is your view: Appoint judges or elect them? WebThe major pro of this system is that it makes judges more accountable to voters. Thanks, I honestly support the idea of voting for judges. At the very least, theyre supposed to appear to be acting that way. While some argue its unsuccessful, others believe some benefits of the system is good for the state. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. 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. Elections ensure that judges are accountable to the people. "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. Get Cornell news delivered right to your inbox. Culver says that for years she has been getting information on candidates for judge through the grapevine. The answer, theoretically, should be neither. w69"""eUFeyj@uf$}KxPg?>(JEz Q3E!8(-iOBEwk^7/!=t%[ Texas should keep the election, lose the partisan labels. Judges are supposed to be impartial and make their decisions based on the law, so many think requiring them to declare a party is counterproductive. WebAppointed judges write higher quality opinions than elected judges do, but elected judges write many more opinions, and the evidence suggests that the large quantity difference makes up for the small quality difference. Its laudable, but it keeps voters and senators from knowing exactly whats going to happen when they make someone a judge. I believe that one day the process of electing judges will be fixed and the right way will appear. Though this system might seem like an efficient way to fill the bench with capable judges, it is actually counter-productive in a state like Texas. September 16, 2012. \kdQyyW36rzm7jV; V+3]X66|Mx$}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 At the top of the Texas court system sit two high courts, the Supreme Court and the Court of Criminal Appeals. Learn how your comment data is processed. Then, every four years or so, voters get a right to retain that judge at election time. Pros and Cons. 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. WebWeighing the Cons. 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? Not a good practice. Judges are reelected to additional terms. Wayne Scott says history is behind it. She also urges voters not to be swayed by yard signs. WebElecting judges makes them accountable to the public. Jp=oLH?cK-GeKV'J;1]{^ |cYhWYfZ 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. 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. "This system was set up before the Civil War," he says. She'd ask lawyer friends who they'd recommend and why. Many people feel that judges and other government officials are in the pockets of large corporations. Commission members overwhelmingly support increasing judicial qualifications and placing monetary limits on elections. by Ross Ramsey 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. Please join the effort by making a gift today. The proposal was promising. In addition, elected judges do not appear less independent than appointed judges. 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. Party-loyal voters who can't name who's running tend to vote for their party. It failed. Across the state, that 2018 election put 400 new judges into office. The system is not liked by everybody because of the way it selects our judges. 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. 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. All rights reserved. Don't fret if you can't. 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. The Texas Judicial system is a puzzling topic to most citizens and has its pros and cons. Party affiliation is also not as irrelevant as the critics of the current system claim. Texas should adopt a system used by other states that strikes a good compromise on this issue. 1. If a primary election is held, it is not to narrow the candidates to one from each party. <> BUT FOR THE ELECTION I MAY NEVER BE APPOINTED. We love traveling and the great outdoors, and are always looking for our next adventure! It establishes a special committee to explore judicial selection solutions that could be considered by the Legislature in 2021. Because not enough people enter the campaigns, it means that many judges end up in their positions for years or even decades, even if they arent doing well at their jobs. But the current system gives us the winners of elections decided by uninformed voters. The law is non-partisan. 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. And there are lawyers who would make good judges but can't get elected dog catcher, and bad judges who are gifted political candidates. This is especially true during election years. She has done commercials and mailings, but says that only gives voters information I hate election day because leader already chosen its just a formality to vote. Double your gift when you give by 6 p.m. Thursday. OHIO: All judges are selected in partisan elections for six-year terms. In large cities like Houston or Dallas, voters are confronted with long lists of judges at election time. 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.". Appointment based systems do a better job than electoral systems of keeping the judiciary from being politicized. Candidates have to go out and gain the trust of the people. You can check out the pros and cons and make your own decision. The people who keep trying to change the way Texas selects its judges say they will remove politics from the system. Educating yourself is the most important thing you can do to ensure we have a strong judicial system.". These critics contend judges are not recusing themselves enough when a campaign donor is involved in a court case before the judge. Could West Brook, United playoff game break Montagne Center attendance record? The initial term of office for the supreme court is ten years, while district court judges are elected to six-year terms. 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. Texas judges use partisan election where judges are elected by the people. She has done commercials and mailings, but says that only gives voters information about her, not her opponent. Representative Todd Hunter, the 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. Such lawyers would be likely to serve in an appointed system, however. In traditional economic thought, competition is always good, and just as it's good for the economy, competitive elections should also make things better. 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=( Law Firm Website Design by Law Promo, What Clients Say About Working With Gretchen Kenney. 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. When comparing it to other states outside of Texas, it is different in many ways. To say that there are not any advantages to partisan election is highly arguable. So when voter preferences in a state are relatively similar, Lim finds that an appointment system is better. But the effort has grown legs lately in no small part because Gov. St. Marys School of Law Professor Partisan Election (current system) Pros: Voters have a direct say in judges who decide cases that have a huge impact Democrats are often more sensitive to social issues. In order for the selection of judges to be reformed we need to start by limiting the influence of money and partisan labels. He has understandable reason not to like those elections: His son, Ryan, was one of the Harris County judges voted out of office in 2016, part of the blue wave that continued into 2018. 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. Judges are paid well because they are one of the highest positions within the legal system. Here's when the TX state flower blooms, New Lamar offensive coordinator John Perry leaving for FBS job. The people get to 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. 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. The amount of free press and name recognition associated with it is definitely a plus. 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. Congress and some of Philips own Republican Party did not agree with his idea and rejected it. Why do we do this? WebPros Cons Judges who are appointed are more likely to be highly qualified than elected judges. "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. Pros and Cons of the Death Penalty Pros 1. In reality, however, that system is broken. 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. 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. When Additionally, who are we most likely to raise money from? Critics suggest that though States may be unable to fully eliminate politics from the judicial section process, appointment methods see less bias and are better able to mitigate political influences. 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. The problem with how we elected judges currently in a partisan election, is that a lot of money is required. Photos: Were you 'seen' at United-Brook basketball game? 1900 S. Norfolk St., Suite 350, San Mateo, CA 94403 Judges should be too. Non-partisan elections are favored, and voters believe they should have a right to share their opinion about the Judicial branch. 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. Busy blogger and mom of two girls! Should judges For years many citizens and government officials have fought to reform the system. It is safe to say that election fraud can be stopped by voter fraud more than most things. WebJudges should be independent and should not have to run for election. WebThe partisan election of Texas' judges is a potential disadvantage since the candidates can easily be persuaded by money to choose a party. The state might take that His interest in this issueis not new. % "Then when you voted for a judge you knew who you were voting for and what you were getting." 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. 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. Its a grab bag, evidenced whenever a party sweep clears a courthouse full of incumbents, as happened in Harris County in 2018. Both parties present a field candidate and the Some Republican judges were thrown out with the 2018 election and that trend could continue. We love the great outdoors, vegetarian food, camping, travel, swimming, reading, and more.. plus sharing our experiences on the blog! Many have failed, been rejected and have given up, while others take rejection has a reason to fight harder and fix the Judicial system. Thanks for sharing the details. B0QjGgt2Wm)~DJ^$cdqvq- W84A! 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. Many states elect their judges through a merit selection process or appoint them through a process called the partisan election. I juggle work, the kid's activities, family life, and blogging. "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.". Due to their 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. This means interacting with their districts and providing plans on how they intend to handle the cases that come before them in the courtroom. 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. And it's not always easy for everyone to do," she says. Amplify your impact and donate now. Many say that the law is non-partisan and judges should be too. Now, guess who can name all the members of those courts. Describe the various courts found in the Texas justice system. Thats a hard sale to make. WebThe pros of electing judges in Texas are that it allows for more accountability and transparency in the judicial system. That's a blatant conflict of interest. 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? But Abbott is a lawyer who used to be a district judge and Texas Supreme Court justice. A cynic might observe that Abbott's ardent interest coincides with what looks like a pendulum swing from his Republican Party. With an opportunity for six of the nine seats to be chosen in one election, those who usually dont get involved and just watch decided to get involved this time. When Judge Marion runs, she knows it's difficult for voters to learn about her. WebI AM AN ELECTED JUDGE. Lim's study was funded by the National Science Foundation. Texas is one, but it's about to give a serious look at changing that. The Texas Judicial system is described as complicated, negligent, and poorly structured to handle current legal proceedings. 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. On average, judges will earn between $180,000 and $270,000 per year. Discuss the pros and cons of electing judges in Texas. Part one: Partisan elections are the wrong way to choose judges. One problem with elections is that many judges never need to run against an opponent. And putting judges on the ballot is popular with voters, even though some judges think its unseemly to join political parties, to raise money from people who might have interests before the courts or from lawyers who practice before those judges, and to stump for votes and support like other politicians. Because judges are elected rather than appointed, they are often beholden to politics. Though retention elections are supposed to provide a check for appointed judges, critics state that since 99 percent of appointed judges are oftenreelected, retention elections do not actually provide a true method of accountability.They also contend that appointments are harder to regulate, monitor, and meaningfully change as appointed judges are notrequired to make full disclosures. x]}[$@ssbqn<9*'_ d7u\.\1?9Toy]u;x(|cu*gO`9O~_~sz`O>9~qwzYr7t.+S/[k;yQ7K/gOwo\Ntc_^w8SNBh4O6;xWM{(^Bw])SvoSWeO6z6u0s3]KG* H>qNxm\}6c.LXYF.S_UL$n`+~:?jlA}E{g30L2E:/ajiU Ym7&FXzVmCY[(OUdRQi3RuPd_&[ [u:^(N~%iH1dah3uY-e34Hb {IPp?~O'tUDdTVVgB t &J9h(-SyQNB(Q2!$Api 1 u[[4DZ{&BQ6Xy>9P%(S!cI]"_i(=&^Jv:d8kI%H $Y U2yc0n#y&9g ]>p~} i`Cm>ei3hYam gk?aF@B7 Editor's note: If you'd like an email notice whenever we publish Ross Ramsey's column, click here. Many will continue to fight to change the system, and many will give up. Seven states choose their judges in partisan elections at every level. Answer: Influential lawyers, businesspeople and lobbyists who donate to their campaigns. Lim points out that governors have an advantage when appointing judges because they are likely to have more accurate information about the political preferences We have a code of ethics and are limited by what we can and can't say. /c-@T*?6{/h*aRBYsw\z31Gq8oxr,{S>;Tfy5F>4Wv #e/XmPE86a.#p/l$D12 R3`Z&53P/2h Wh"I"x(R1n`j'.%**=0BMh < EvvYJ'~n 3HJyOy(xFx):;HP 'z64HO. The Texas Standard and public radio stations across the state have been working together to help you make sense of the midterms through our Texas Decides project, inviting listeners to send in their questions.
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