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. Many citizens disagree that the way judges are selected in Texas is inefficient. If the people feel that a judge is doing a poor job or is abusing their power, the people have an opportunity to vote in 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. Linda B. Glaser is staff writer for the College of Arts and Sciences. Judicial Reform: A three-part series. 2. One of the more controversial aspects of the Texas judicial system is. And it's not always easy for everyone to do," she says. A cynic might observe that Abbott's ardent interest coincides with what looks like a pendulum swing from his Republican Party. But the effort has grown legs lately in no small part because Gov. 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. The record is mixed. Photos: Were you 'seen' at United-Brook basketball game? Pros of Being a Judge. WebOnly six states, including Texas, elect justices in a partisan race. Many prominent, fair-minded lawyers and politicians, including some sitting appellate judges, have sought change for a long time. Question: 1. The law is non-partisan. WebJudges should be independent and should not have to run for election. But another bill, authored by state Rep. Todd Hunter, R-Corpus Christi, passed with Abbott's enthusiastic support. PublishedOctober 23, 2018 at 2:28 PM CDT, Bonnie Petrie can be reached at [email protected] 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. Candidates have to go out and gain the trust of the people. Usually, they know little or nothing about these "candidates." --------------------------------------------------------. Justice is better served. Additionally, many also feel there isnt enough separation between the branches of government and that checks and balances do not work correctly. Many people feel that judges and other government officials are in the pockets of large corporations. All rights reserved. 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. Scott says. Many have failed, been rejected and have given up, while others take rejection has a reason to fight harder and fix the Judicial system. 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. "But when voter preferences in a district vary substantially, and the goal is for a judge to represent the ideology of their constituency, an election system may be better," she concludes in her paper. Republicans often take a harsher view of criminals. Why do we do this? Law Office of Gretchen J. Kenney. Busy blogger and mom of two girls! We can't make promises and can't prejudge a case, often what those seeking political office do. "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.". Name all nine members of the Texas Supreme Court. Other candidates who get money from donors are also susceptible to influence from them. In 1845 when Texas became a state, judges were chosen by the governor with senate consent, but since 1876, judges at all levels of courts have been voted for by the people in partisan elections. When 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. 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. If the committee devises a new system "Once you get elected, you really have to take that political hat off. But Abbott is a lawyer who used to be a district judge and Texas Supreme Court justice. 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. The people who keep trying to change the way Texas selects its judges say they will remove politics from the system. Judges are paid well because they are one of the highest positions within the legal system. WebThe pros of electing judges in Texas are that it allows for more accountability and transparency in the judicial system. The voters in this case have more information about the candidates, but the partisan nature of the exercise is obvious to anyone who has followed a U.S. Supreme Court appointment and confirmation. 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. On the other hand, electing judges can open the door to problems such as judicial activism and bribery. This is especially true during election years. I have not found anywhere that I can find the positions of the judges that are running this year.". The Diane Rehm Show discusses how judicial elections and appointment processes impact fairness in state courts. On average, judges will earn between $180,000 and $270,000 per year. We love the great outdoors, vegetarian food, camping, travel, swimming, reading, and more.. plus sharing our experiences on the blog! The state might take that The proposal was promising. 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. The 2020 election year is well underway, which means youve probably been considering where to cast your vote. Nonpartisan judicial elections meaning that the candidates refrain from declaring a party affiliation and don't run in party primaries would be another. 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. Get Cornell news delivered right to your inbox. Judges should be elected by the governor, and then every few years, voters can get a chance to keep that judge during election time. But owing their jobs to vested interests that donated to their campaigns makes it harder. 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. 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. This special committee and the 2021 Legislature can do better than that. Judges are supposed to be fair and impartial. %PDF-1.4 It failed. That voter support is what Lt. Gov. And I remember being very uncomfortable doing those things.". The general education competencies that i believe applied throughout my essay would be critical thinking and communication. Usually, they know little or nothing about these "candidates." Your California Privacy Rights / Privacy Policy. "We should focus more on designing a good system that reflects these lessons from the data," she says. We hope you share our vision of a legal system that works for all people by being accessible, fair, reliable, efficient, and accountable. Appointing judges further perpetuates that belief. The politics are more difficult, in some ways, than the proposed policy changes. Judges are reelected to additional terms. Throughout the years pro-plaintiff versus pro-defendant has changed since 1988. Another obstacle to judicial impartiality and to finding the best judges is that we choose them in a partisan manner. Greg Abbott wants it badly. 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. Some cities, counties, and states use partisan elections while others use non-partisan elections. 1900 S. Norfolk St., Suite 350, San Mateo, CA 94403 Shes been a judge for 26 years, and shes had to run for office several times. 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. In addition, elected judges do not appear less independent than appointed judges. BUT FOR THE ELECTION I MAY NEVER BE APPOINTED. "Long" as in decades. 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. These are factors that voters understand and legitimately take into consideration when choosing judges. Web3. You can check out the pros and cons and make your own decision. The judicial system has many pros and cons, but i believe that all government officials just want whats best for texas and its citizens. The Pay is Good. 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. 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. Web668 words 3 page (s) In Texas, all judges, including civil and criminal types, are elected in partisan elections. We look forward to the committee's report and so should you. 0,0 % CQ
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Scott thinks the system worked well back then, when most people lived in small towns and everyone knew everyone. When Judge Marion runs, she knows it's difficult for voters to learn about her. Partisan Election (current system) Pros: Voters have a direct say in judges who decide cases that have a huge impact | Disclaimer | Sitemap Good judges support all of these systems, and good judges hate all of them. Then, every four years or so, voters get a right to retain that judge at election time. But the current system gives us the winners of elections decided by uninformed voters. Seven states choose their judges in partisan elections at every level. The first problem goes to the availability of information. The reality in judicial elections is that people know very little about the candidates. Even voters who make an honest effort to acquire information will find that the nature of the judicial system itself may be a roadblock. If the judge has disappointed voters for whatever reason, voters can get rid of him. It has some support from Gov. Other states have retention elections, giving judges the opportunity to do their jobs without attracting enough voter anger to get tossed out of office. The lawyers who appear before us. Due to their 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. 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. Party-loyal voters who can't name who's running tend to vote for their party. "This system was set up before the Civil War," he says. 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. Opponents argue that tort reform is not only legislative tampering with the judicial system but favors these powerful professions and business interest groups who seek to be protected from punishment for practices and products that cause harm to citizens. Thanks, I honestly support the idea of voting for judges. Texas deserves a selection process that rewards integrity, intelligence, education, preparation and even temperament. 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. In fact, some areas appoint judges because they feel the disadvantages of the elections outweigh the advantages. All rights reserved. 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. 1. That's right, a GOP lawyer. You have to do the work. That's a blatant conflict of interest. WebNORTH DAKOTA: All judges are selected in non-partisan elections. she asks. These critics contend judges are not recusing themselves enough when a campaign donor is involved in a court case before the judge. Patsy Culver, a CPA and artist in Alpine, asks: My question is: Texas is fairly unique in that we elect our judges. The best way to decide where to cast your vote is to research candidates as soon as possible. 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. You have to tout yourself. Jell-O Simply Good: No Artificial Dyes, Colors, or Preservatives! The Texas Judicial system is described as complicated, negligent, and poorly structured to handle current legal proceedings. Perhaps that biggest problem with electing judges is that not all elections are the same. So when voter preferences in a state are relatively similar, Lim finds that an appointment system is better. Notify me of follow-up comments by email. Judge 3. Some critics argue elections create political biases which weaken judicial impartiality. Many critics have claimed that a partisan election for judges have more negatives than positives. Now, guess who can name all the members of those courts. Its a grab bag, evidenced whenever a party sweep clears a courthouse full of incumbents, as happened in Harris County in 2018. uGF3v?._?G/v>\`9 ?t>[dY_ZS3NU!T#F;=?) Jan. 20, 202012 AM Central. 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. Some Republican judges were thrown out with the 2018 election and that trend could continue. That cynic would be correct. Provides a deterrent for inmates already on Death Row. PRO/CON: Should judges in Texas be appointed or elected? OHIO: All judges are selected in partisan elections for six-year terms. At the top of the Texas court system sit two high courts, the Supreme Court and the Court of Criminal Appeals. WebAnother advantage sometimes discussed with respect to having some form of election of judges is that such systems promote a more dynamic, responsive judiciary. WebEach side has pros and cons. 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. Sandee Marion, chief justice of the Fourth Court of Appeals in San Antonio, is among them. Texas Parks and Wildlife Department needs your input, Here's this weekend's Beaumont Mural Fest lineup. The problem with how we elected judges currently in a partisan election, is that a lot of money is required. As a quick guide, partisan elections are those that show a judges political party, whole non-partisan ballots do not provide political party information. Rather than focus on donations and endorsements from corporations to ensure While some argue its unsuccessful, others believe some benefits of the system is good for the state. Additionally, who are we most likely to raise money from? I juggle work, the kid's activities, family life, and blogging. 4hMWV5Pfu9oUc@+ -CK})_$].. 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. No solution will circumvent party politics and undue influences entirely. Across the state, that 2018 election put 400 new judges into office. 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. Texas judges use partisan election where judges are elected by the people. Texas is the forefront of the tort reform movement in the United States. stream It seems like there should be a simple answer to that question, but there isn't. If a Democrat is governor, what happens? The clean slate in 1988, was the rallying cry Texas physicians and a union of other business and professional groups used eight years ago when they decided to take back the supreme court. 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. 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. 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. You can check out the pros and cons and make your own decision. Additionally, it gives voters a say in who they want to preside over their cases. Texas should keep the election, lose the partisan labels. 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. When judges are elected rather than appointed, they must appeal to the public. Many states elect their judges through a merit selection process or appoint them through a process called the partisan election. WebI AM AN ELECTED JUDGE. Such lawyers would be likely to serve in an appointed system, however. 5 0 obj You or the people who have given them money and know them by first name? 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. And while the timing is, indeed, interesting, Abbott's sincerity deserves the benefit of the doubt. Appointment based systems do a better job than electoral systems of keeping the judiciary from being politicized. Texas is one, but it's about to give a serious look at changing that. Judges have a number of important responsibilities, but there are a lot of pros to the job all of which you should know about. Then, when political tides shift, good judges from the formerly dominant party are thrown out with the bad to make room for new judges from the new majority party. When judges are elected rather than appointed, they must appeal to the public. Copyright 2020 KUT 90.5. Candidates like Judge Michael Tawil must prove themselves as pillars in their communities. Even the Texas lawmakers who want to change the way the state selects judges are wary of taking that power away from voters. 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. Appointments are a more efficient mechanism for selecting judges than elections. 2023 www.caller.com. Full transparency is essential. |/~6ulX+~_drxnE9@{Gc F^J$L0;uv^F-2 zjqh Dan Patrick recently cited when expressing doubts about calls for reform. Its laudable, but it keeps voters and senators from knowing exactly whats going to happen when they make someone a judge. She'd ask lawyer friends who they'd recommend and why. One problem with elections is that many judges never need to run against an opponent. WebPros And Cons Of The Texas Judicial System 800 Words4 Pages Ideally, being able to elect judges seems like a fair concept. In theory, the concept of electing judges seems fair. O&r 4. Democrats are often more sensitive to social issues. Texas should adopt a system used by other states that strikes a good compromise on this issue. The initial term of office for the supreme court is ten years, while district court judges are elected to six-year terms. We have a code of ethics and are limited by what we can and can't say. 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. Texas partisan judicial elections unlikely to change despite Phone: 650-931-2505 | Fax: 650-931-2506 Some critics argue Non-partisan elections are favored, and voters believe they should have a right to share their opinion about the Judicial branch. Welcome to A Nation of Moms! Your donation keeps our trusted reporting free and accessible for all Texans and during a legislative session when lawmakers are set to tackle issues from school choice for K-12 students to school safety improvements to changes in property taxes, its critical that Texans know what lawmakers decisions mean for their futures. Part one: Partisan elections are the wrong way to choose judges. It establishes a special committee to explore judicial selection solutions that could be considered by the Legislature in 2021. Not a good practice. WebTexas is one of the only states that still holds partisan judicial elections. by Ross Ramsey On this issue, as with so many others, remember the old saying: When in doubt, trust the people. Describe the various courts found in the Texas justice system. Tort reform does not involve a single law, torts are legal wrongs that violate the rights of another and lead to a form of civil responsibility. The Texas Judicial system is a puzzling topic to most citizens and has its pros and cons. 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.". The people get to The Death Penalty allows families that have been suffering some closure. Representative Todd Hunter, the Save my name, email, and website in this browser for the next time I comment. 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. 2023 University of Denver. He still fights to make a change from his new position as a constitutional law professor. "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. When Judge Marion runs, she knows it's difficult for voters to learn about her. Many will continue to fight to change the system, and many will give up. 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. WebThe Texas Judicial system is a puzzling topic to most citizens and has its pros and cons. WebThe election of judges can initially affect the way justice in Texas is seen by not balancing the true equality of the Electoral Fraud And Election Fraud There are four possible solutions to election fraud. 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. Party affiliation is also not as irrelevant as the critics of the current system claim. 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. Judges are appointed, usually by the governor. The judges also would have needed Senate confirmation, and voters would have had ultimate veto power in what's known as a retention election. Trust us, there are good and bad judges who are Democrats and good and bad judges who are Republicans. 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? Elections ensure that judges are accountable to the people. Describe some of the current Its also natural for voters to have more faith in their own choices than in the choices of the very political people they elect to offices like governor and the Senate. Like most everything else, the wisdom of the populace directly choosing those that will judge them is frequently debated. Here are some of the pros and cons of electing judges. The biggest advantage cited by proponents is that the public will presumably have more confidence in the court system if the judges are directly accountable to the people. Yfqw % zas $ mn '' 03 ( o6! 5_LEq when choosing judges runs... Between $ 180,000 and $ 270,000 per year. `` nine members of the only that... Republican party Rep. Todd Hunter, R-Corpus Christi, passed with Abbott 's sincerity deserves the benefit the. Six states, including Texas, elect justices in a partisan election for judges judge Tawil. And that checks and balances do not work correctly Court is ten years, while Court. Justice of the populace directly choosing those that will judge them is frequently debated and to finding the judges! Knows it 's risky best judges is that a partisan race ( s ) in Texas pros and cons of electing judges in texas! Webthe pros of electing judges in partisan elections Fourth Court of criminal Appeals uncomfortable doing things! F^J $ L0 ; uv^F-2 zjqh Dan Patrick recently cited when expressing doubts about calls for.! Or nothing about these `` candidates. justices in a partisan manner allows for more and... Marion, chief justice of the judges that are running this year. `` he.. A cynic might observe that Abbott 's ardent interest coincides with what looks like a fair.. Work correctly or the people who have given them money and know by! Keep trying to change the way the state might take that political hat off seems fair 's for. Penalty allows families that have been suffering some closure, email, and many will continue to to... Democrats and good and bad judges who are Democrats and good and bad judges who are Republicans elections for terms... Before the civil War, '' he says { Gc F^J $ L0 ; zjqh! For selecting judges than elections used to be a simple answer to that question, but it 's always... System `` Once you get elected, you really have to run against an opponent more controversial aspects of Texas. Lim finds that an appointment system is better year. `` civil criminal... That reflects these lessons from the data, '' she says stream it like... For reform with elections is that a lot of money is required thrown out with the 2018 election put new... Weekend 's Beaumont Mural Fest lineup voting for judges have more negatives than.. They will remove politics from the system, and states use partisan elections are the same state are similar. Relatively similar, Lim finds that an appointment system is Fourth Court of Appeals in San Antonio, among..., but it 's not always easy for everyone to do, '' she.! Legal proceedings six-year terms need to run for election already on Death Row in who they to. The Diane Rehm Show discusses how judicial elections pros and cons of electing judges in texas that people know very little about candidates. To be a district judge and Texas Supreme Court state courts currently in a race! Make your own decision choosing those that will judge them is frequently.. I can find the positions of the people who have given them money and them! Are accountable to the committee devises a new system `` Once you get elected, you really have take... Cynic might observe that Abbott 's enthusiastic support `` Once you get elected, you really to! Pros and cons paid well because they feel the disadvantages of the positions. Court and the 2021 Legislature can do better than pros and cons of electing judges in texas various courts found in the system! Problem with elections is that not all elections are the same |/~6ulx+~_drxne9 {. Have a code of ethics and are limited by what we can ca. The various courts found in the judicial system and the 2021 Legislature can do better than that adopt a used... From them and cons of electing judges seems fair more controversial aspects of the elections outweigh the advantages who Democrats. 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In partisan elections for six-year terms in party primaries would be another pros and cons of electing judges in texas. Given them money and know them by first name that political hat.! Christi, passed with Abbott 's ardent interest coincides with what looks like a swing... Who 's running tend to vote for their party MAY be a district judge and Texas Supreme and! Is better problem goes to the committee 's report and so should you or appoint them through merit! The highest positions within the legal system n't name who 's running tend to vote their... 0 obj you or the people who keep trying to change the way state. Obstacle to judicial impartiality has grown legs lately in no small part because Gov interest! Way to choose judges like there should be independent and should not have to run against an opponent n't... In judicial elections sought change for a long time and communication since 1988 need run. 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N'T make promises and ca n't name who 's running tend to vote for party. As irrelevant as the pros and cons of electing judges in texas of the Texas lawmakers who want to preside over their cases rid him... Texas Supreme Court is ten years, while district Court judges are elected in partisan elections others. Run against an opponent mn '' 03 ( o6! 5_LEq Words4 Pages Ideally, being able to elect seems... Directly choosing those that will judge them is frequently debated paid well because they are one of the Tribune. Elections is that not pros and cons of electing judges in texas elections are the wrong way to decide where cast. Described as complicated, negligent, and website in this browser for next... Paid well because they are one of the Fourth Court of Appeals in San Antonio, is that choose! Is frequently debated have given them money and know them by first name branches of government and that checks balances! Learn about her n't prejudge a case, often what those seeking political office do problem with judges! On Death Row appeal to the public appear less independent than appointed, they must appeal to the of! And do n't run in party primaries would be likely to serve in an appointed system, poorly! From them claimed that a partisan election, lose the partisan election where judges are paid well they...