What method of judicial selection is used in texas?
|
Full Source: Comparative data on selection methods are from the American Judicature Society, "Judicial Selection in the States Appellate and General Jurisdiction Courts," available at http://www.ajs.org/js/JudicialSelectionCharts.pdf, accessed 10 October 2004. Show Full Footnote: Merit selection in Delaware, Maryland, and Massachusetts is established by executive order. Ohio and Michigan selection methods are both classified as "partisan election" even though candidates appear on the ballot without party affiliation. In Ohio candidates are nominated at political party conventions while in Michigan they are nominated in partisan primaries. Terms of office and methods of renewal vary extensively across the states. Typically, elected judges stand for reelection and appointees must be reappointed. Merit selection usually involves selection first by a nominating commission with renewal determined by retention elections (the public votes to retain or remove a judge). Term lengths vary dramatically, ranging from one year of initial service to life time service. Lower court selection methods vary even more. AUSTIN—The Texans for Lawsuit Reform (TLR) Foundation has released its latest paper, “Evaluating Judicial
Selection in Texas: A Comparative Study of State Judicial Selection Methods,” an in-depth study comparing the methods used by various states to select their judges. “The law is the bedrock of our society, and judges are the guardians of the rule of law. If they do not apply the law in a competent, efficient and impartial manner, the public’s trust in the rule of law will erode,” TLR Foundation President Hugh Rice Kelly said. “There is no perfect system for selecting judges.
While it is not the purpose of this paper to make specific proposals for establishing a new system of judicial selection in Texas, we do believe that our current system of partisan election of judges does not place merit at the forefront of the selection process. The intent of this paper is to help inform Texans and the Legislature of the judicial selection methods used across the country as Texas engages in a public debate on how judges will be chosen in the future.” The
86th Legislature passed House Bill 3040, creating a commission to study how the state should select its judges in the future. The commission will have 15 members: four appointed by the governor, four appointed by the lieutenant governor, four appointed by the speaker, and one each appointed by the chief justice of the Texas Supreme Court, the presiding judge of the Texas Court of Criminal Appeals and the board of directors of the State Bar of Texas. Texas is
one of only six states that uses partisan elections to select all of its judges. Other methods of selection include nonpartisan elections, gubernatorial appointments, legislative appointments or some combination of these methods. Each selection model has its own advantages and disadvantages, which are discussed at length in the foundation’s paper. The Texas judiciary is prone to partisan sweeps that remove jurists from office based on prevailing top-of-the ballot politics rather than the competence or experience of judges. The TLR Foundation conducts and supports academically sound, impartial and non-partisan research, study, analysis and writing related to the justice system in Texas. Research is conducted by lawyers, scholars, analysts and professionals with experience and expertise in the areas being researched and reported. The foundation’s published research and reports are posted on its website and are available to the public. The purpose of the foundation’s activities is public education on matters concerning the Texas justice system, including its statutory and common law, its regulations and administrative agencies, and the organization and operation of its courts. Abstract The Texas constitution provides that district and appellate judges will be chosen by popular election. Only a judicial candidate who has been designated a winner of a party primary is allowed to run on the official ballot in the general election unless the candidate meets a rigorous independent campaign requirement. The popular election method was introduced in 1845 by constitutional amendment. However, it is deceptive to term the choosing to Texas judges an elective system, because a majority of judges initially reach the bench through appointment by the Governor, who may fill vacancies between elections without obtaining recommendations or approval from others. It is suggested that an effective system of judicial selection must be visible and representative of the community, must have a broad base of candidates for selection, and must utilize criteria relating directly to judicial performance. The present system fails with regard to meeting these standards. A good system of judicial discipline is essential to complement even the best selection system. In Texas, the constitutional methods for disciplining judges include impeachment and address. The legislature must initiate these procedures, and removal is the only penalty allowed. A third disciplinary method allows for petition by 10 or more lawyers who practice within the judicial district to the State supreme court for a judge's removal. These three methods have proven insufficient. The creation of the State Judicial Qualifications Commission in 1965 has provided a more effective method of receiving and resolving complaints of judicial misconduct. It is suggested that Texas currently possesses a combination of an antiquated, inadequate judicial selection system and a modern, workable, disciplinary system. Elimination of partisan election and unrestricted gubernatorial appointment of judges is crucial. Voters should be given an opportunity to consider a merit plan combination of committee screening, executive appointment, and retention election. The State commission should be retained and added power should be given to the State supreme court to temporarily suspend judges. Footnotes are included in the article. What method of judicial selection is used in Texas quizlet?Because Texas uses a partisan election system to select judges, a candidate for either the Democratic or Republican party win- elections to reach the bench.
What judicial system does Texas use?What is Texas' court structure? Texas' court system has three levels: trial, appellate, and supreme. Trial: The trial level, or local, courts are the most numerous, consisting of over 450 state district courts, over 500 county courts, over 800 Justice of the Peace courts, and over 900 municipal courts.
What is the method of selection for justices on Texas Supreme Court?Composed of the chief justice and eight justices, the Supreme Court of Texas is the court of last resort for civil matters in the state. The Supreme Court is in Austin, immediately northwest of the state Capitol. Supreme Court justices are elected to staggered six-year terms in statewide elections.
How are judges and justices in Texas selected?1. Nominations by the Governor. The Governor nominates judges to the Texas Supreme Court, Texas Court of Criminal Appeals, the fourteen intermediate appellate courts, and all district trial courts (not county courts at law, probate courts, justice of the peace courts, or municipal courts).
|
