Chapter 6-Judicial Selection

Question 1

Political Appointments

Answer 1

article 3 judges –picked by the president/ confirmed by the Senate

Question 2

“Stack the deck”

Answer 2

How politicians make their ideological favors come to life.

Question 3

The 2 factors to “Stack the deck”

Answer 3

(1) position on particular political issues (current events( because their focused on short-term
(2) Long-term salient issues (abortion, religion, balance of power)

Question 4

Jurisprudence

Answer 4

if they were a judge before, you got to analyze their decisions

Question 5

Under jurisprudence, what are you looking for in past judges??

1. Look for __________in ideological outcomes
2. Judicial Philosophy: methods by which a judge ___________

Answer 5

1. consistency

2. Interprets the constitution

Question 6

JP: Textualist

Answer 6

the law means what it does (a literal meaning of the text)

Question 7

JP: Constitutionalist

Answer 7

think of a history lesson… which constitution are you addressing

Question 8

JP: Living Constitutionalist

Answer 8

we have to interpret the constitution the way that modern people understand it

Question 9

JP: what is right/what is wrong

Answer 9

moral balance

Question 10

JP: intersectional analysis

Answer 10

how our experiences are formed by our identity

Question 11

Senatorial courtesy

Answer 11

used in district/circuit court judgeships, the president discusses/consults with senators from that state before nominating a judge

Question 12

Gubernatorial appointment

Answer 12

Method of judicial selection in which the governor appoints a person to a judicial vacancy, does not involve an election

Question 13

Judicial independence

Answer 13

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 .

Question 14

Advantages of Political Appointment (3)

Answer 14

Lifetime appointments mutes partisan effects
Decision are not public opinion -esp. Over time
Politicians as lawyers

Question 15

Disadvantages of Political Appointments (2)

Answer 15

removal is difficult

leaning political over interpretations

Question 16

Advantages to Elections (2)

Answer 16

1. Only way to protect against corruption is to be in elections… just hold citizens accountable for making decisions
2. Make more judges more accountable to those that are affected

Question 17

Disadvantages to Elections (2)

Answer 17

1. informed choices are necessary for democracy, but missing in judicial elections
2. judges shouldn’t have to campaigns…. Delegitimize the process

Question 18

Advantages to Merit Selection (2)

Answer 18

1. Trying to take out the politics… select some group professional organization
2. Ranking system seen as ideals: knowledge, impartiality, integrity, and temperament (centralists)

Question 19

Disadvantages to the Merit system (2)

Answer 19

1. Still susceptible to political manipulation … breeds mediocrity (rights of citizens to vote is gone)
2. corruption that is harder to pinpoint….exclusion of diversity

Question 20

T/F: When senators decide they don’t like someone, it aint getting through even if the president nominated that said judge

Answer 20

T

Question 21

the majority of state judges are initially selected or retain their position through _________

Answer 21

popular elections

Question 22

Trial court judges (negotiations)

Answer 22

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.

Question 23

State Judicial Conduct Commission

Answer 23

• 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

Question 24

Judicial ethics (4 types)

Answer 24

• 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)

Question 25

Judicial misconduct (3)

Answer 25

• actual violation… clear act of malfeasance
• vast majority of violations will be of the ethics kind
• does not always mean impeachment

Question 26

Results of Misconduct (5)

Answer 26

• impeached
• retirement
• quit
• warning
• service/fines/education

Question 27

Judicial Independence or Political Accountability?

Answer 27

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.

Question 28

Retention elections

Answer 28

Part of merit selection in which the incumbent judge runs for re-election without an opponent.

Question 29

T/F: Incumbent judges are also less likely to be turned out of office and states that use partisan election to choose judges .

Answer 29

F