CRM JST 275 1st Edition Lecture 16I. Debate on Selection Methodsa. Concerns:i. Judicial Independenceno outside influenceii. Judicial Accountabilitytransparency to the peopleb. Additional debatei. If outside environment should influenceii. Should only concerns be with protecting rights and constitution?II. Federal Judicial Selectiona. Historical:i. Colonial Americaii. Declaration of Independenceb. Lifetime appointment by president, ratified by senate (checks and balances)c. Realities of Process:i. Senatorial courtesyii. Senate judiciary committeed. Removal process of a federal judgei. House impeachment, senate convictionIII. State Judicial Selectiona. Appointment = least commoni. Executive appointment or legislativeii. Concerns (i.e. not accountable or independent)b. Popular Electionsi. Partisansparty affiliatedii. Non-partisanno party affiliatediii. Concerns:These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.1. Voters lacking info., voting “blind”2. Appointment with vacancies3. Any challenges to incumbentc. Merit Selection Plans (3 step process)i. Commission appoints choices ii. Governor picks one of threeiii. Retention in next electioniv. Critiques1. Politics still play a role2. Voters still uniformed3. Very high retention ratesIV. Judicial Diversitya. Does selection method create diversity differences?i. Increase in women and minority, 1980’sii. Yet… 75% male and 90% whiteb. Does selection method differ in quality of judges?V. Accountability and Independencea. Judicial independencei. No outside interests, impartialityb. Judicial accountabilityi. Decisional accountability (legal)ii. Behavioral accountability (conduct)c. Problem of blind voting and low turnouti. In Merit Retention and Electionsii. Judicial performance evaluations1. Include attorneys, lay persons, jurers, witnesses, and court staff who have experience with a judge2. Given to public to informa. Poor evaluationlower retention rateVI. Accountability for Misconducta. “treason, bribery or high crimes”b. Judicial councils (federal)i. Complaint filing process, disciplinec. Judicial disciplinary commissionsi. Formed by state supreme courtd. Complaints investigated for merit, disciplinei. Impeachment and removal = founded(Federal) council / (State) commission House (Impeach) Senate
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