document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. Welcome to A Nation of Moms! Texas elects judges, relying on voters to sort through pages and pages of ballot undergrowth, figuring out which candidates are fit to put on the judicial robes. 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. Its laudable, but it keeps voters and senators from knowing exactly whats going to happen when they make someone a judge. PRO/CON: Should judges in Texas be appointed or elected? However, re-election concerns may have the drawback of reducing the quality of judges in an electoral system by discouraging qualified candidates who are doing well in the private sector from holding office. St. Marys School of Law Professor Name all nine members of the Texas Supreme Court. 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. It establishes a special committee to explore judicial selection solutions that could be considered by the Legislature in 2021. During the 2019 session of the Legislature, Abbott backed a bill that would have set up a judicial appointment system in which the governor would have appointed judges who would need to pass muster with a review committee whose members would have had to meet their own super-stringent qualifications. We look forward to the committee's report and so should you. 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. Elections ensure that judges are accountable to the people. 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. For years many citizens and government officials have fought to reform the system. You have to tout yourself. The record is mixed. Texas is the forefront of the tort reform movement in the United States. 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. Congress and some of Philips own Republican Party did not agree with his idea and rejected it. Some judges find the election process daunting, as well. Thats a hard sale to make. Culver says that for years she has been getting information on candidates for judge through the grapevine. And it's not always easy for everyone to do," she says. WebWeighing the Cons. 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. 1. Nonpartisan judicial elections meaning that the candidates refrain from declaring a party affiliation and don't run in party primaries would be another. BUT FOR THE ELECTION I MAY NEVER BE APPOINTED. Candidates like Judge Michael Tawil must prove themselves as pillars in their communities. Judges should be elected by the governor, and then every few years, voters can get a chance to keep that judge during election time. 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. In theory, the concept of electing judges seems fair. 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. 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.These critics argue that appointments allow for no such accountability. All rights reserved. The 2020 election year is well underway, which means youve probably been considering where to cast your vote. Across the state, that 2018 election put 400 new judges into office. WebSince the Judicial College is mostly focused on training those from the lower courts, this means that training for judges within the higher echelons of the judiciary such as the High Court (for example) is not compulsory. The lawyers who appear before us. The system is not liked by everybody because of the way it selects our judges. FEEDBACK: What is your view: Appoint judges or elect them? 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. 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. Analysis: Voters elect Texas' judges. When Judge Marion runs, she knows it's difficult for voters to learn about her. It has some support from Gov. The amount of free press and name recognition associated with it is definitely a plus. 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. Its a grab bag, evidenced whenever a party sweep clears a courthouse full of incumbents, as happened in Harris County in 2018. Appointing judges further perpetuates that belief. Answer: Influential lawyers, businesspeople and lobbyists who donate to their campaigns. Being pro-plaintiff means that you are the party that initiates a suit in a court. Texas should keep the election, lose the partisan labels. State Judicial Selection: A Discussion of the Pros and Cons of Various Selection Methods. The University of Denver is an equal opportunity affirmative action institution. Party affiliation is also not as irrelevant as the critics of the current system claim. B0QjGgt2Wm)~DJ^$cdqvq- W84A! Usually, they know little or nothing about these "candidates." To see more, visit KUT 90.5. 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. "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. 5 Signs To Look For. 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. Question: 1. 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. She also urges voters not to be swayed by yard signs. Judicial Reform: A three-part series. 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. We love traveling and the great outdoors, and are always looking for our next adventure! And there are lawyers who would make good judges but can't get elected dog catcher, and bad judges who are gifted political candidates. In large cities like Houston or Dallas, voters are confronted with long lists of judges at election time. 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. Your California Privacy Rights / Privacy Policy. You or the people who have given them money and know them by first name? Republicans often take a harsher view of criminals. The politics are more difficult, in some ways, than the proposed policy changes. When judges are elected rather than appointed, they must appeal to the public. Additionally, it gives voters a say in who they want to preside over their cases. Additionally, many also feel there isnt enough separation between the branches of government and that checks and balances do not work correctly. Appointments are a more efficient mechanism for selecting judges than elections. The federal government uses appointment, relying on presidents to pick judges and on the U.S. Senate to confirm the qualified ones, sorting legal wizards from rotten eggs. 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. Appellate judges serve six-year terms, district judges, county-level judges and justices of the peace serve four-year terms and municipal judges usually serve two-year terms. Many people feel that judges and other government officials are in the pockets of large corporations. 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. One problem with elections is that many judges never need to run against an opponent. Representative Todd Hunter, the "How many voters are smart enough to interpret legal decisions and judge the judges?" 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. 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