Chapter 6-Judicial Selection Flashcards
Political Appointments
article 3 judges –picked by the president/ confirmed by the Senate
“Stack the deck”
How politicians make their ideological favors come to life.
The 2 factors to “Stack the deck”
(1) position on particular political issues (current events( because their focused on short-term
(2) Long-term salient issues (abortion, religion, balance of power)
Jurisprudence
if they were a judge before, you got to analyze their decisions
Under jurisprudence, what are you looking for in past judges??
- Look for __________in ideological outcomes
- Judicial Philosophy: methods by which a judge ___________
- consistency
2. Interprets the constitution
JP: Textualist
the law means what it does (a literal meaning of the text)
JP: Constitutionalist
think of a history lesson… which constitution are you addressing
JP: Living Constitutionalist
we have to interpret the constitution the way that modern people understand it
JP: what is right/what is wrong
moral balance
JP: intersectional analysis
how our experiences are formed by our identity
Senatorial courtesy
used in district/circuit court judgeships, the president discusses/consults with senators from that state before nominating a judge
Gubernatorial appointment
Method of judicial selection in which the governor appoints a person to a judicial vacancy, does not involve an election
Judicial independence
is important for neutral and impartial decision making.
If judges are important policy makers-then judges should be selected and retained in the ways that makes them accountable to the public they serve .
Advantages of Political Appointment (3)
Lifetime appointments mutes partisan effects
Decision are not public opinion -esp. Over time
Politicians as lawyers
Disadvantages of Political Appointments (2)
removal is difficult
leaning political over interpretations
Advantages to Elections (2)
- Only way to protect against corruption is to be in elections… just hold citizens accountable for making decisions
- Make more judges more accountable to those that are affected
Disadvantages to Elections (2)
- informed choices are necessary for democracy, but missing in judicial elections
- judges shouldn’t have to campaigns…. Delegitimize the process
Advantages to Merit Selection (2)
- Trying to take out the politics… select some group professional organization
- Ranking system seen as ideals: knowledge, impartiality, integrity, and temperament (centralists)
Disadvantages to the Merit system (2)
- Still susceptible to political manipulation … breeds mediocrity (rights of citizens to vote is gone)
- corruption that is harder to pinpoint….exclusion of diversity
T/F: When senators decide they don’t like someone, it aint getting through even if the president nominated that said judge
T
the majority of state judges are initially selected or retain their position through _________
popular elections
Trial court judges (negotiations)
judges vary greatly in the extent to which they participate in negotiations. Some are active participants, freely discussing with lawyers the weight of the evidence and likely trial outcomes.
State Judicial Conduct Commission
- judicial conduct commissions are created as an arm of the state’s highest court
- The commission consist of lawyers stretches and prominently people who investigate all the evidence of judicial misconduct and here testimonies
Judicial ethics (4 types)
- right/wrongs (morally)
- everyone think its bad, but you cannot be punished for it
- ethical issues but not misconduct (having an affair)
- separate penalty (recall elections)
Judicial misconduct (3)
- actual violation… clear act of malfeasance
- vast majority of violations will be of the ethics kind
- does not always mean impeachment
Results of Misconduct (5)
- impeached
- retirement
- quit
- warning
- service/fines/education
Judicial Independence or Political Accountability?
Judicial independence is viewed as vital for neutral and impartial decision making, but elections are viewed by many as the best method of guaranteeing the popular accountability of judicial policy makers. A tension is created between judicial independence and accountability. Judges typically enjoy longer terms than elected officials.
Retention elections
Part of merit selection in which the incumbent judge runs for re-election without an opponent.
T/F: Incumbent judges are also less likely to be turned out of office and states that use partisan election to choose judges .
F
