State Courts Slides Flashcards
States courts
- institution that work in the background
- Much less attention than governos , state legislatures or US supreme C.
- Attention received when outcomes are considered not fair.
Types of laws
- Codified law
- Common law
- Statutory law
- Civil law and criminal law
- Private law and public law
- State law and federal law
Codified law
colt law, body of law that has been
usually very ordered. No interpretation .
Common law
principal legal practices generations to another
not systematic, based history, evolution , based on case law very flexible , capacity to
change as judge see.
Organizational scheme of state jurisdiction vary
-Number of state high Courts
-Whether to use lower appellate courts
-Names of courts
-Jurisdiction by case categories.
What are the three stages?
- Initiation
- Screening
- Affirmation
How does any system relate to judicial accountability or independence
-accountable for who vote for you .
what that Party wants. Political accountability.
6 minium
How did judicial power develop from colonial period though the
modern era?
The courts have changed. Where we are now, it’s different from now.
Institution of State Courts
what is a typical organizational design of state court systems?
limited jurisdiction, Texas as 2.
general jurisdiction trial courts (civil issue,)
appeal courts (11 state doesn’t have one, too small population)
two state with two Supreme Court, Oklahoma & Texas.
Role of State Courts and Type of Laws.
1. What are the three primary responsibilities of state courts?
Resolve of disputes (Political , economic
intrepreta the law apply law of state federal gov .
Judicial Election Wrap-up
- Dramatic shift in competition is well documented
- Judicial elections now operate like legislative and gubernatorial races
- Increased competition, contributions, attack ads, and policy
pronouncements may harm public’s view of courts - Evidence shows judicial elections have net positive effect on public
support for elective courts.
Illinois is (partisan) or (nonpartisan)
(partisan)
Washington is (partisan) or (nonpartisan)
(nonpartisan)
Is the South Driving Impression?
- Competitiveness increased in partisan elections in the South after the
1980’s - A reflection of broad political change in its judicial elections
- Driven by three broad politicalpoliticak changes
- Kritzer argues this is driving what we see across the nation
- Change in competition most pronounced in that region
Contemporary Judicial Elections.
- Rates of contestation
- Percentage of votes against incumbents
- Rates of incumbent defeats
Level of Balance
- Despite decent participation from voters, low contentedness and
competition suggests low balance and stronger independence - but an independent judiciary with a partisan overtone.
Florida - Balance
1.Initiation
- process encourages self-starters
1. Screening
- Files of applicants are dispersed to JNC
- Florida Bar is influential
- After commission interviews, JNC votes on list
1. Affirmation.
* Within 60 days of receiving list, governor announces appointment
* At about one year, judges face retention election
* Participation is high, but competition and contestation are low.
Florida: A merit Selection system
- Four tiers of Florida courts system
- State Supreme Court -7 judges with 6- year terms
- Retention election after 1 year (or so)
- Nonpartisan election below district courts
- Mandatory retirement at 75.
Benefit of Merit Selection Design
Design
1. Removes/restricts influences of parties from selection
2. Improves the quality of judges selected.
3. Judges can focus on judging, not distracted by re-election.
Drawbacks of Merit Selection Design
- Politics are not removed, rather changed in form.
- Politics of the legal profession have replaced removed interests
- Politics exists within nominating commissions
- By removing competitive elections, affects a judge’s view of public
services.
Balance in Merit Selection States
Caused by displeasure with appointments and elections
* Missuriets lead to extremes
* Elections lead to partisanship and insufficient information for voters
Early reforms
* California developed first applied version in 1934
* Missuri adopted the version endorsed by American Bar Association in 1940.
Since 1940, 35 states have adopted in some form.
Level of Balance
Poor balance between independence and accountability
* independent from the public
* somewhat accountable to the governor
Judges are overwhelmingly independent- a respected court since
mid-20th century.
New Jersey’s recruitment process.
- Initiation
* Governor’s office retains control
* Senator may suggest names but more important for lower county
courts - Screening
* office of Governor’s Council coordinates selection
* Judicial perforce committee provides evaluations for re-nomination. - Affirmation
* Senate usually moves forward
* A norm of partisan rotation in New Jersey.
New Jersey: An executive Appointment system.
- Four tiers of New Jersey courts system
- State supreme courts - 7 judges with 7 -year
terms - New terms subject to re-appointment
- Mandatory retirement at 70.
Drawbacks of Executive Appointment Designs
- can be accountable to the governor
- judges tend to be more activist.
Benefits of executive Appointment design.
- strong focus on judicial independence.
- Governor may appoint persons with shared
political, social, ideological values - a lack of election campaigning
- Favor judges that focus on interpretation of
law.
Balance in executive appointment states
In pure appointment systems, the connection between voters and judges
is weak.
Were accountability exists, in the shape of political accountability.
Condicioned by length of a judge’s term.
Washington state (nonpartisan election
- one justice
1. one from top 10 and three from top 25
chools
2. 1 from u. of washington
3. 2 from Gonzaga
4. 2 from seatle University
Washington State and Balace
- Initiation
* filing fee is 1% of the annual salary ($239,868)
* both self starters and initiated by others - balanced - Screening
* Washington State Bar Association is most involved
* Newspapers assess qualifications - Affirmation
* elections here are actually competitive and expensive
* Governor’s role inserts another preference
* Increased balance for a nonpartisan election state.
Washington state: A nonpartisan Election System
1.shifted to norpartisan election in 1908
* very partisan prior to election reform ( straight ticket)
* a very accountable judiciary during partisan era.
2. After transition
* interest groups (labor, policy, & commerce) replaced parties
* Governor now appoints about 2/3 of new judges (like Texas)
Drawbacks of Nonpartisan design
- fewer voters are attracted to these elections
- decreased competition meaens fewer choices for voters
* assessment - safer elections and a much less involved electorate
WashingtonianoWashington State:
A nonpartisan election election system
- four tiers of Washington state court system
- state Supreme Court -9 judges with staggered
6- years terms - vacancies filled by the governor (like Texas
=partisanship)
Benefit of Nonpartisan Designs
- PArtisan control over recruitment removed (or lessened)
- State bar association are very invcolved (qualifications)
- Nonpartisan elections are much less salient
Another primary form of judicial elections
- between 1900-1927 - thirsty states adopted
- a response to partisan election deficiencies- rejection
of partisan corruption, cronyism, and patronage - Reformers wanted more legitimate judicial institutions.
Texas and Balances.
- Initiation
* can be recruited by parties, but most are self starters - Screening
* Semi-open political primary elections
* Texas uses comparative screening with relatively few participants - Affirmation
* Partisan politics works way into court via two pathways
* judicial appoinments
* strong Republican preference of the Texas electorate.
Texas: A partisan Election System
Court system of Texas is large and complex
* Judges are generally selected by partisan judicial selection
- the governor may appointment when vacancies occur, with senate
confirmation
* major parties serve a role in recruiting, screening and affirming judges
Populism is an important force in the state since the Civil War and
Reconstruction.
Lousiana (partisan election)
- 6 from LSU school of law
- 1 from Loyola University School
of law - 0 from Top 10 or Top 25 law
School
Massachusetts (gubernatorial
appointment
Seven Justice
* includes graduates of Harvard,
Stanford, Chicago, and Yale
law schools
* 4 from Top 10 law schools.
overt rationale is partisan elections make judges accountable to citizen of
the state
PROS:
- voters almost always given choices
- More voters participate
- System created a mandate by voters.
overt rationale is partisan elections make judges accountable to citizen of
the state
CONS:
- judges are not independent
- many argue that partisan courts have under-qualified judges
* Louisiana vs. Massachusetts.
Balance in Partisan Election States.
Role of political parties in elections is to motivate voters
Partisan selection means partisan identification
* An esa shortcut for understanding candidates
* Republicans = Though on crime and less symphethic to plaintiffs
seeking large awards
* Democrat= more symphetic to the accused or to individuals claiming
harm
Merit Selection / Missouri Plan
A post-world war II movement’
Missouri was the first state to adopt in 1940
* result of dislike of both partisan and
nonpartisan election
with new method, hope that merit would be only
important variable
Now the favored plan with 23 states using at its
peak.
Around the turn of the century (1900), dissastification are with partisan elections
- caused by perception that political parties controlled
judges - cronyism and payment of political debts did affect
judges
ABA President Pound and Progressive Movement led reforms
- questionaed role of party in selection process
- hoped that state bar associations would gill the void -
focus on qualifications.
By 1930, 12 stated had adopted.
Partisan Judicial Elections
The era brought skepticism toward appointed court systems
* led to creation if partisan elections to staff courts
Political parties became responsible for recruitment to state courts
* convention used to select lists of partisan candidates
* parties would the endorse their candidate
* For one party states, meant victory for many partisan candidates
By 1850, half of state used a partisan election format.
History of Judicial elections
Judicial politics would change with the new Jacksonian Period
During this era, distrust of elite emerged
* removed the king Caucus at the presidential level
* Implementation of universal suffrage for white men
* Creation of mass based political parties
Era promoted representative bodies of government
* and populism.
Elsewhere, legislative appointments were more common
especially among the southern states
* basis was a strong belief in state legislature (the most republican
institution of democracy)
* a very pro-state legislature. time
of the original thirteen states, eight used legislative appointments.
History of Appointive systems
After colonial period, separation from other branches was favored in
several states.
* endorsed systems similar to US constitution from 1789
* Governor would select a judge, and governor would receive the
advice and consent of the state senate
* viewed as most democratic
of the original thirteen states, five uses gubernatorial appointments.
History of Judicial Selection
Easy too track history of judicial selection
Balance between judicial accountability and independence has always
been focus of state builders
Generally, those involved in field of law want independent judges
* voter and policymakers want judges that are connected to them.
Special Role of Participants
Where many people or groups participate in each stage, more bl=alance
achieved
where fewer people or groups, judges will be inclined to accountable or
independent.
why?
Consider the effect of competitive or non-competitive election
Or with merit selection
* what are the implication for either system?
Step 3: Affirmation
Those responsible for final decision participate in affirmation stage
Where elected - voters
where appointed - governor and/or legislature
stage is formal and determines the winner
* formal meaning the state constitution mandates.
Form #2: qualification screening
- question here is about candidate credentials
- very important in appointive systems
Not mutually exclusive
like initiation stage, the screening stage is informal.
Form #1: comparative screening
- candidates will be compared against each other -especially in elective
systems
Step 2: Screening
- stages invloves the number of people (i.e, participants) that evaluate
candidates - who evaluates/ screens candidates in partisan election states?
- How about executive appointment state?
- the federal system?
- in each system, a process of elimination where candidates are reoved
- Two forms of screening.
Step 1: Initiation
- Different system encourage different types of people to seek office.
- consider two high prestige state courts, -california or New Jersey-
- high pay, several clerks, and significant docket control
- encourages self starters
- consider two low prestige state courts - Utah or New Mexico
- Lower pay, fewer clerks, and limited docket control
- fewer self starters
- an infromal stage. -meaning?
- Texas?
Court Unification Movement
Public became upset with fragmentation of state courts - too confusing
result was consolidation of state trial courts into one or two sets of
courts
* minor and major disputes
many states, embraced, still many did not (and have not)
