Study Guide POS 3122 Final Exam Spring 2015 State Courts What percentage of cases are in state not federal court 95 What are the two types of cases Which are in state court Criminal and Civil What are the four different courts in most states Two Trial Two Appeal What are the characteristics of trial courts Trial courts are first point of entry involve a jury and original evidence What are the characteristics of appellate courts Appellate court no jury appealed from lower level No original evidence Also cases involving state law can be appealed Review Procedural Laws What are the characteristics of the highest courts Second Level of Appeals Supreme Courts Civil and Criminal Is the supreme court always the highest court Yes What constitution s do state courts interpret State Constitutions Sometimes Federal What laws can the state courts overturn State Laws Not Federal What is the relationship between federal and state courts Operate in Parallel When did states reform their court systems Recent Years Why was state court reform needed The judges often had no relationship with each other and with judges on other courts Were underfunded poorly administered Could serve as a judge without being an attorney Could stay on the bench for years even though incompetent or too old What components did state court reform include 1 2 3 4 5 Administrative oversight unified court system More funding state assumption of costs New courts no more justices of peace Expedited dockets Dispute resolution Most states require a unanimous jury for the death sentences Is Florida one of those states Florida cannot give death sentences by unanimous jury Only Exception Do most states have a provision for impeaching judges 45 states have impeachment What are the competing goals involving trust in the state judicial system Political science evidence lots of preconceived notions Judges bring with them Democratic judges tend to favor claimants for civil rights employers government Female more supportive of women more liberal We want judges to be independent but also accountable What are the three ways state judges are selected What is the method used by most states What method is used the least Election Appointment and Missouri Plan Do states use the same method across all the levels of courts No Do state judges generally serve for a life time like federal judges State Judges have term limits 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 Disadvantages Lack of information Harms Impartiality Turnout is Low YES Even in states with merit systems there is a commonly used loophole What is this Governor can appoint judge until next election What are the advantages and disadvantages of appointment of judges Advantages Accountability Governor in good position to pick Disadvantages Too Partisan Too Personal No Protection 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 Advantages Combines excellence in initial selection with accountability to electorate Disadvantages Not popular with public Committee may be biased Strong Governor Influence Why is the Supreme Court case Republican Party of Minnesota v White important Ironically federal courts have undermined state courts by consistently suggesting that there is no true distinction between judicial elections for public office What are the negative effects of this case Are these persuasive Why or why not Does the way a state chooses judges affect the quality of judges Not much difference in appointment vs elections Describe the four tiers of Florida s court system How many courts are there in each level What is their jurisdiction District Courts of Appeal Matter not Appealable to Supreme Court State appeals Supreme Court Constitutional Issues Capital Cases Bond Validations Public Utility Cases Circuit Courts County Courts Felonies Family Law Matters Civil Cases over 15k Probate Guardianship Mental Health Juvenile Dependency and Delinquency County Court Appeals Misdemeanors Small Claim up to 5k Civil up to 15k Traffic Landlord Tenant How are our judges selected Appellate judges are chosen through a merit selection and retention process and trial judges are chosen in nonpartisan elections What is Florida s Judicial Nominating Commission Why is it important Who names the members of this commission Judicial Nominating Commission 1 yr Election Should Judge X be retained Only for appellate level Commission also recommends for open seats on circuit and district level What is the governor s role in judicial selection Appoint appellate judges based on recommendations under merit system Appoint judges to fill positions at trial and appellate levels Names candidates to judicial nomination commission State Bureaucracy Definition of bureaucracy and whom does it apply to at the state level The administrative branch of government consisting of the executive office s and their workers Does not include the legislature or the governor s office What do bureaucrats do Who are street level bureaucrats They carry out the policies that the governor proposes and the legislature enacts Bureaucrats who are in constant contact with the public often a hostile one and have considerable discretion What are the two key components of civil service Assures employees are selected on merit based on neutral competence Protects that employee from political change What are the advantages and disadvantages of civil service Advantages Impartial Accountable Professional Experts Disadvantages Red Tape and Complacency What is bureaucratic discretion The ability of public employees to make decisions interpreting law and regulations What is the definition of representative bureaucracy and why might it be important that the state work force be representative Idea that public sector should reflect makeup of the state in gender and race More Responsive and Symbolic What is affirmative action and what key court cases have defined it in recent years Affirmative action special efforts to recruit hire and promote members of disadvantaged groups to eliminate the effect of prior to discrimination California Prop 209 Fisher Case Grutter v Bollinger allowed consideration of race 2013 Shuette v Coalition