How Are State Judges Selected In Texas? Discuss Two Different Methods Used In Other States For Selecting Judges. What Are The Arguments For Each Of The Selection Methods You Discussed? Do You Think That Judges Should Be Elected Or Appointed? Explain Yo
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Selection of Judges
Selection of Judges in Texas
In Texas, the state court judges are selected through Partisan elections that are conducted at each court level. Partisan election of the judges is a selection method in which the candidates are listed on the ballot, accompanied by a political party indication. The basic premise of the partisan election is the same in all the states, however, there is a variation in the stance of elections. Texas has a partisan mosaic with different Democratic and Republican candidates who compete with each other so that they can represent their party in a general election (Kagan & A).
Selection of Judges in Indiana and Florida
In other states, different methods for the selection of judges are used such as Indianan and Florida.
In Florida, state court judges are selected by two different methods, depending on the level of the court. An appellate judge is selected through assisted appointment while judges of the trial courts are selected in the nonpartisan election. The assisted appointment method is also called merit selection or the Missouri Plan. It is also defined as a process by which different governors appoint their judges with the help of commission or some sort of board. While nonpartisan elections are those in which the top two candidates are advanced to general elections without knowing the party indications (Kagan & A).
In Indiana, state judges are elected through different methods such as commission section, political appointment or the partisan election, depending on the level of court. Assisted appointment method is also called the merit selection methods through which federal judges are selected with a commission or broad nominating candidates rather than a president. While the other method is same as that of Florida (Goelzhauser & Greg).
Commentary on methods
An analysis of the partisan election methods highlights that it can be assumed that the political parties are irrelevant to the services that they are providing. Also, it is more economical and it is costly. In addition, it is seen that fundraising in elections can result in the manipulation of the judiciary to promote their liking. However, it is far better than the other methods of election (Carp et al.).
From the analysis of non-partisan method, it is highlighted that the there is no opportunity or pre-selection for the traits or identity because people vote randomly without knowing the candidate's personality or any of his detail. There are endless debates without any real way of securing votes (Goelzhauser & Greg).
Taking into account the merit selection method, it is highlighted that there is minimal space for the say of people. It is also important to note that his method doesn’t take politics point of judicial selection, also, this method is more like a life tenure for the judges who are rarely removed in retention (Kagan & A).
Judges should be elected or appointed
Being an American, it’s always taught that the best form of government is the one that is elected by people, but the case is reversed in the form of critical insight. It is so because appointing judges facilitates the Judicial Branch, which can enforce justice. Appointment of judges ensure that the judge is being appointed after checking and accountability of the background and the candidate record. Also, it will prevent a judge from making decisions that are out of public favors. Appointing judges is one of the best ways of guaranteeing unbiased and fair rulings, regardless of the one who is in favor or the one who is opposing. So, rather than electing, appointing is the best method, in this way a judge has no public visions and favors of good work to consider and he can do his work as required and directed.
Knowledge of public
Judicial elections and judicial candidates are more like the future designers of any country or state. Taking into account the knowledge of the public, it is highlighted that the public is now informed about the judicial elections and judicial candidates. It is seen that the social media tools and quick transmission of information have played a central role in defining the background of elected people or their current actions (Carp et al.). Today, youth is one of the most updated generations that is more critical in its decision than ever before. although there are people who are still unaware, a majority group is well educated and well learned, the proofs can be seen in the now then published blogs, journals as well as public review forums. So, it would not be wrong to say that the public is not blind or unaware of the judicial elections or other proceedings.
If I would be voting for a judge, I will definitely research the candidates and their qualification. In the present era, there are pre-assumptions made in terms of the future position holders which is the product of keeping all the update knowledge about candidate and their actions. I will not only search for the profile information but will be more concerned about his view in different points and how often is he present in the political matters because it is what ensures the eligibility and the commitment of a judge towards public which automatically defines their duty obligations. So, it is evident that I will never go for party affiliation, because me as a youth is the representative of my country and my every decision can cast both, direct and indirect, long term and short-term impact on the future of my country.
Carp, Robert A., et al. Judicial process in America. Cq Press, 2019.
Ellis, Richard J., and Michael Nelson, eds. Debating the presidency: conflicting perspectives on the American executive. CQ Press, 2020.
Goelzhauser, Greg. Judicial Merit Selection: Institutional Design and Performance for State Courts. Temple University Press, 2019.
Kagan, Robert A. Adversarial legalism: The American way of law. Harvard University Press, 2019.
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