pros and cons of electing judges in texas

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. 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. Judges are appointed, usually by the governor. Thanks, I honestly support the idea of voting for judges. Those who feel non-partisan ballots have no place in voting believe that lack of political parties means people have no meaningful information to go on if they dont already know of the judge and may even be less likely to vote for someone with a name that sounds ethnic. Candidates like Judge Michael Tawil must prove themselves as pillars in their communities. Additionally, it gives voters a say in who they want to preside over their cases. Texas is one of only six states that pick members of their supreme courts with elections, one of only six that pick appellate court justices this way, and one of nine states thatasks citizens to choose district court judges with a partisan vote. 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. 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. Busy blogger and mom of two girls! Veterans Pension Benefits (Aid & Attendance). This means interacting with their districts and providing plans on how they intend to handle the cases that come before them in the courtroom. Judges are reelected to additional terms. In theory, the concept of electing judges seems fair. 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. There are any number of ways to pick good judges, bad judges and those not-quite-rare-enough WTF judges, and none of those selection methods is foolproof. 1. Scott says. WebThe nonpartisan election of judges is a selection method where judges are chosen through elections where they are listed on the ballot without an indication of their political affiliation. September 16, 2012. Many will continue to fight to change the system, and many will give up. We hope you share our vision of a legal system that works for all people by being accessible, fair, reliable, efficient, and accountable. WebNORTH DAKOTA: All judges are selected in non-partisan elections. 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. Partisan Election (current system) Pros: Voters have a direct say in judges who decide cases that have a huge impact WebAnother advantage sometimes discussed with respect to having some form of election of judges is that such systems promote a more dynamic, responsive judiciary. 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. "Long" as in decades. The 2020 election year is well underway, which means youve probably been considering where to cast your vote. 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. 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. 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. Many citizens disagree that the way judges are selected in Texas is inefficient. The law is non-partisan. This special committee and the 2021 Legislature can do better than that. Texas is the forefront of the tort reform movement in the United States. The main con of electing judges is that it can lead to politicization of the judiciary and can make it difficult for judges to be impartial. Voters elect Texas' judges. The state might take that power but it's risky. | The Texas Tribune Analysis: Voters elect Texas' judges. The state might take that power but it's risky. Even the Texas lawmakers who want to change the way the state selects judges are wary of taking that power away from voters. 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. 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. But the current system gives us the winners of elections decided by uninformed voters. I gained some knowledge here! Editor's note: If you'd like an email notice whenever we publish Ross Ramsey's column, click here. Usually, they know little or nothing about these "candidates." "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.". Wayne Scott says history is behind it. You or the people who have given them money and know them by first name? 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? Lol I must admit I am one of those who feel that judges and other government officials are in the pockets of large corporations. I also share my vegetarian recipes at www.thebusyvegetarian.com. 5 0 obj WebThe pros of electing judges in Texas are that it allows for more accountability and transparency in the judicial system. Name all nine members of the Texas Supreme Court. WebTexas' Judicial Selection Process. Describe the various courts found in the Texas justice system. Due to their 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. Supporters of tort reform believe that huge jury awards are not only excessive to the injury sustained by the plaintiff but also a void on the states economy and is damaging to certain professions. If a primary election is held, it is not to narrow the candidates to one from each party. 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. Another obstacle to judicial impartiality and to finding the best judges is that we choose them in a partisan manner. Some judges find the election process daunting, as well. 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. I juggle work, the kid's activities, family life, and blogging. 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. 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.". WebThe major pro of this system is that it makes judges more accountable to voters. Many prominent, fair-minded lawyers and politicians, including some sitting appellate judges, have sought change for a long time. 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. Elections ensure that judges are accountable to the people. Good judges support all of these systems, and good judges hate all of them. 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. There are more than 3,000 elected judges in the state. Doing so will help you vote for who you think will be the best judge in your city or county. Your California Privacy Rights / Privacy Policy. 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. 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. WebPros and Cons of Various Judicial Selection Methods . She has done commercials and mailings, but says that only gives voters information about her, not her opponent. Why do we do this? I believe that the selection of judges in texas should be reformed. If the committee devises a new system On the other hand, electing judges can open the door to problems such as judicial activism and bribery. 2. The initial term of office for the supreme court is ten years, while district court judges are elected to six-year terms. Right again; a Democratic lawyer. Im doing research for my Criminal Justice class at Georgia State University, Your posts are very detailed and meticulous, hope that next time you will have more good articles to share with readers., Your post is very helpful and very detailed about election. They further argue that even if a judge remains impartial, elections create anappearanceof impropriety that damages the public'sperceptionof the judiciary. And it's not always easy for everyone to do," she says. "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. Both parties present a field candidate and the 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. Welcome to A Nation of Moms! Many states elect their judges through a merit selection process or appoint them through a process called the partisan election. Here's when the TX state flower blooms, New Lamar offensive coordinator John Perry leaving for FBS job. 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. Judges have a number of important responsibilities, but there are a lot of pros to the job all of which you should know about. Politics can be played with appointments to review panels and elsewhere in any process that the legislative committee devises. 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. But the effort has grown legs lately in no small part because Gov. I have not found anywhere that I can find the positions of the judges that are running this year.". If a Democrat is governor, what happens? Linda B. Glaser is staff writer for the College of Arts and Sciences. Amplify your impact and donate now. <> In addition, elected judges do not appear less independent than appointed judges. Appointment based systems do a better job than electoral systems of keeping the judiciary from being politicized. 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. That was a party rout, replacing the best and the worst Republican judges with the best and the worst Democratic challengers. 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. 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. And because governors are elected by all the voters in a state, their choices better reflect the median voter in the state, rather than local preferences. One problem with elections is that many judges never need to run against an opponent. We love traveling and the great outdoors, and are always looking for our next adventure! Across the state, that 2018 election put 400 new judges into office. Notify me of follow-up comments by email. Many say that the law is non-partisan and judges should be too. Analysis: Voters elect Texas' judges. 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. 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. 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. Now, guess who can name all the members of those courts. The best way to decide where to cast your vote is to research candidates as soon as possible. Web3. The system is not liked by everybody because of the way it selects our judges. WebOnly six states, including Texas, elect justices in a partisan race. Other states have retention elections, giving judges the opportunity to do their jobs without attracting enough voter anger to get tossed out of office. Its an issue of more interest to the judges and to the legal community, on a day-to-day basis, than to the rest of us. That's a blatant conflict of interest. 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. All rights reserved. It is safe to say that election fraud can be stopped by voter fraud more than most things. Get Cornell news delivered right to your inbox. 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. Sandee Marion, chief justice of the Fourth Court of Appeals in San Antonio, is among them. Nonpartisan judicial elections meaning that the candidates refrain from declaring a party affiliation and don't run in party primaries would be another. Texas deserves a selection process that rewards integrity, intelligence, education, preparation and even temperament. 2023 University of Denver. When Judge Marion runs, she knows it's difficult for voters to learn about her. Texas deserves a selection process that rewards integrity, intelligence, education, preparation and even temperament. The University of Denver is an equal opportunity affirmative action institution. 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. Thats a hard sale to make. w69"""eUFeyj@uf$}KxPg?>(JEz Q3E!8(-iOBEwk^7/!=t%[ |/~6ulX+~_drxnE9@{Gc Additionally, who are we most likely to raise money from? WebWeighing the Cons. Lim's study was funded by the National Science Foundation. x]}[$@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 $Y U2yc0n#y&9g ]>p~} i`Cm>ei3hYam gk?aF@B7 Texas is one, but it's about to give a serious look at changing that. And there are lawyers who would make good judges but can't get elected dog catcher, and bad judges who are gifted political candidates. The lack of opposition means that the accountability described above is eliminated altogether in some situations. These critics contend judges are not recusing themselves enough when a campaign donor is involved in a court case before the judge. You can check out the pros and cons and make your own decision. \kdQyyW36rzm7jV; V+3]X66|Mx$}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 Some critics argue elections create political biases which weaken judicial impartiality. The record is mixed. | Disclaimer | Sitemap And I remember being very uncomfortable doing those things.". This, we can argue, is more democratic than other ways of selecting judges. 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. 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'S note: if you 'd like an email notice whenever we publish Ross Ramsey 's,..., guess who can name all the members of the judges that running... Prominent, fair-minded lawyers and politicians, including Texas, elect justices a! Any process that rewards integrity, intelligence, education, preparation and even temperament, elected judges do not less. But says that only gives voters information about her, not her opponent Texas judicial system and providing on... That damages the public'sperceptionof the judiciary from being politicized, including some sitting judges. Party primaries would be another, '' she says who feel that judges are wary of taking power. Always looking for our next adventure these lessons from the data, '' says! Some situations committee devises they further argue that even if a primary election is,... Voter fraud more than 3,000 elected judges do not appear less independent than appointed judges these. 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Probably been considering where to cast your vote Texas ' judges is that it makes judges more accountable to people. Judges are selected in Texas is inefficient legs lately in no small because. Texas should be too because of the Texas justice system judges into office interacting with their and. Keeping the judiciary? G/v > \ ` 9? t > [ dY_ZS3NU! t F! Elect justices in a court case before the judge rout, replacing the judges. Perry leaving for FBS job those seeking political office do action institution fraud can be stopped voter... Ways of selecting judges n't prejudge a case, often what those seeking political office do those feel!, replacing the best judges is a puzzling topic to most citizens and has its pros cons! For voters to learn about her they want to change the way it selects our judges the... Staff writer for the College of Arts and Sciences she knows it 's not always easy for everyone do.