Study Guide POS 3122 Final Exam Spring 2015 State Courts 95 What percentage of cases are in state not federal court What are the two types of cases Which are in state court Criminal where state is the prosecutor brining charges against the defendant Civil two private parties Usually involves financial judgment What are the four different courts in most states 2 trial courts 2 appeals courts What are the characteristics of trial courts Original jurisdiction District circuit county courts different names Limited jurisdiction courts Civil Criminal cases roughly equal Cases not sent to special courts 2 3 traffic offenses What are the characteristics of appellate courts Intermediate court Court of Appeals were mistakes made Cannot bring up new evidence Often organized by region depending on size of your state No jury no evidence simply procedural First level of appeal Often three judge panel What are the characteristics of the highest courts Second level of appeal Often called Supreme Court Sometimes have two supreme courts One civil and one criminal Is the Supreme Court always the highest court Not always Sometimes you have 2 supreme courts One civil and one criminal What constitution s do state courts interpret The state constitution What laws can the state courts overturn State law cannot overturn the federal law What is the relationship between federal and state courts Operate in parallel Federal drug cases immigration white collar crime tax evasion counterfeiting child pornography bank robbery terrorism and theft When did states reform their court systems Baker v car Reynold v Simms Why was state court reform needed Justices of Peace Often times not judges but appointed The traffic events were taken to their house and give you your sentence in their front yard she said in class though later on they were elected So weird REVIEW Didn t have to be a lawyer to be a judge Courts were largely independent no coordination lower level courts did what they wanted to do Supreme Court too etc Funded by fees Judges salary came from being in court Partisanship election type Uneven corrupt not expert no one was in charge What components did state court reform include Administrative oversight unified court system Supreme court is responsible for all other courts Budget was handled here etc More funding state assumption of costs State now is assuming the cost instead of plaintiff losing and paying for cost of the court state pays for it New courts no more justices of peace Expedited dockets Effort to not have things wait for years years They were seen in a timely manner Dispute resolution Do before impartial expert person to solve problem Must abide by his decision These decision makers are sometimes called magistrates No need for court Most states require a unanimous jury for the death sentences Is Florida one of those states No Do most states have a provision for impeaching judges 45 states have impeachment Like impeachment process of governors A judge most of the time will resign Legislative address legislature judiciary asks for judge to be removed Popular recall not in FL Judicial disciplinary commissions Reasons to recall a judge Alcoholic falls asleep in court etc What are the competing goals involving trust in the state judicial system Accountability v independence Federal Independence State Accountability What are the three ways state judges are selected What is the method used by most states What method is used the least Election method used by most states Partisan nonpartisan Appointment 4 states governor 2 states legislature picks the judiciary Missouri Plan Combination of both Do states use the same method across all the levels of courts 21 States Elect Supreme Courts 8 partisan elections 13 nonpartisan elections Some states elect other judges as well 20 states nonpartisan elections 5 states partisan elections Do state judges generally serve for a life time like federal judges Unlike federal judges most state judges have set terms HOWEVER in three states judges serve for life MA NH RI Usually 6 10 years Range 4 until age 70 What are the advantages and disadvantages of election of judges Do these advantages change if judges are elected in nonpartisan elections Advantages They represent us as well and should be appointed by us Might lead to more diversity look more like electorate Accountable if we elect them Disadvantages Lack of Information Harms idea of impartiality Turnout is low Brings controversial issues to light Can pander to special interests Public financing Lack of information people simply don t know much about judges they vote for Leads to campaign spending where get money Lawyers and those who appear before court Judge might make rulings not on law but on popular sentiment Judges role is different decide on specific cases and evidence Not really reflective of population Important that judge is impartial and fair Turnout is low Even in states with merit systems there is a commonly used loophole What is this Governor can appoint judge until next election Runs as an incumbent What are the advantages and disadvantages of appointment of judges Accountability Governor in a good position to pick best candidate Advantages Disadvantages Too Partisan Too Personal roommate of governor No protection against poorly qualified judges Legislative appointment seems particularly problematic Describe the Missouri Plan What are the advantages and disadvantages Mix of appointment and election Governor picks for set term then voters affirm in retention election Several states judges have to be reappointed by legislature or Judicial 23 states fit this plan Selection Committee Governor picks the judge judge works in office from time to time and then faces the people for election Combines excellence in initial selection with accountability to Advantages electorate Disadvantages Not popular with public because it is kind of complicated Election may be pro forma Selection committee may be biased Hasn t rid system of politics Why is the Supreme Court case Republican Party of Minnesota v White important People who wanted to run to be a judge weren t allowed to speak Balancing free speech and compelling state interest to preserve public about important issues confidence in the courts Republican candidate said he wanted to talk about the issues so he said it violated his freedom of speech Can states separate politics from the judicial area No a candidate has every right to say whatever he wants ruled