2.B Judges Flashcards
How many judges
27,000
Judges usually
- perdominatley white males
- usually private practice lawyers in past OR government lawyer
- being active in poltics, donating money/ time to polticial party
- traditionally come from above average socio-economic
Federal Judges
- usually around 40-50
- Over 90% of the time appointed judge is same party as the appointer
Becoming a federal judge
- president nominates
- U.S. Senate confirms by majority vote
- EXECPTION= Recess Appointment= if senate in Recess, the president can appoint federal judge with out senate approval BUT only until a congress ends
- House of Rep terms=2 years
Judges on article 3 constitutional courts
hold office during good behavior= life terms
Judges on article 1 courts
set term
U.S. District court judges
Congress requires you must reside in geographic area
- exception being Washington D.C.
- most important is to be the same political party as the prez.
Senatorial Courtesy
a custom developed over decades that takes power away from the president and is given to one or two district judges/ senators (only for district court)
U.S. Court of Appeals Judges
- 11 number circuit
- judges should reside in one of the states makes up that circuit
- nominees need share POLTICIAL PHILOSOPHY of president
U.S. Supreme Court Judges
- can reside anywhere in the country
- most important favtor is POLTICIAL PHILOSOPHY
- supreme court makes philosophys
- 2nd most important factor is the nominees AGE
- normally around mid 50s
Who is on Supreme court under Conservative
- C.J. Roberts
- Alito
- Thomas
Who is on Supreme court under Moderate/swingvote
Kennedy
Who is on Supreme court under Liberal
Ginsburg
Breyer
Sotomayor
Kagon
State Court Judges: 5 Methods
- Partisan election= name, political party, and affiliation show up on ballot
- Nonpartisan election= only shows candidates names
- Gubernational appointment= governor appoints/ nominates
- Legislative appointment= appoints (only 2 states use) majority vote
- Missouri plan= combination of all, higher chamber confirms
State Court Judges in MD
- Must be U.S. citizen
- min. 5 year MD resident
- must reside in area served by the court
- must be lawyer in MD
- min age = 30
MD district courts: Gubernational appointment
- 10 year
- governor nominates someone and needs to be confirmed by the MD senate
selecting a MD district court judge
-Missouri plan =15 year term
-judicial nominating commission- consist of lay people and MD lawyers
-after serving one year the judge is either voted in or out of office in the general election
MODIFICATIONS: (after Missouri plan)
anyone who meets the criteria to be a judge can run for the full term and whoever gets the most votes gets the full 15 year term
-the incumbent judges usually win
Missouri plan
- prepares a short list of qualified people for a circuit court judgeship (usually 3 names)
- submit the list to the governor
- governor picks a name and sends it to the MD senate
- the senate approves/denies
- judge begins to serve
MD court of special appeals
MD court of Appeals judges
- Missouri plan
- 10 year term
- voters vote yes or no to “should judge ___ serve the full term of 10 years” if voted out of the process it starts over from a fresh list
Discipline and Removing State court judges (U.S)
- judicial misconduct (not a major problem)
- historically if misconduct the judge would be removed
- NOW they can be removed but also get reprimanded
- shorter removal, less vacation, suspended, take unpaid leave
Impeachment process
to remove a person from his or her office
- treason
- high crimes-felonies
- bribery
- misdemeanors
- two step process
- both chambers involved
- house of representatives: article of impeachment=majority vote (where impeachment begins for federal judge)
- senate= trail, senators vote to convict 2/3 which results in removal
- DONT HAVE TO BE CONVICTED JUST CHARGED
Removing state court judges (M.D.)
- lower chamber responsible for formal charges (article)
- higher chamber= trial
- 3 of 4 courts will face votes (except district)
Physical and Mental incapacity for article 3 judges
can ONLY remove a judge through impeachment
Physical and Mental incapacity for state court judges
physically gets suspended with pay, if permeant damage retire with full benefit
- mandatory retirement age
- in MD age of retirement= 70
