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Pre-req's for being a judge in the us 
-no one goes to school to be judge in us -competence -accountable
3 state-court judicial selection options
(methods vary by states) appointment non partisan election partisan election
appointment
deciding body appoints judges when needed
judicial elections (state)
most states elect at least some portion of their bench -some states have mixed systems -partisan and nonpartisan electoral systems
merit selection plans
-committee compiles list of qualified candidates -appointing actor selects judge -judges must face retention elections
Judicial selection-federal req's
-no formal requirements -Informal:     -professional competence     -political qualifications     -self-selective desire for the job -Article 2, section 2   -appointing by president
Article III Courts
-Supreme Court -US Courts of Appeals -US District Courts   -first, vacancy   -finding nominee   -confirmation
Finding Nominee
-interest groups (ABA) -Justice Dept. -FBI
Selecting Nominee
-state senator's from president's party will recommend individuals
Federal Judicial Selection (president's role)
-President settles on a nominee & sends them to the Senate Judiciary Committee
Mildred Lillie
-California judge that Nixon seriously considered for Supreme Court in 1971 -The ABA had found Judge Lillie to be unqualified to serve as a Supreme Court justice     -because of gender?
What is required to be a judge
-no formal req's -Informal: professional competence, policial qualifications, self-selective desire for the job
How are judges removed
-Impeachment &   -bringing of charges       -begins in house of rep, where       they vote on articles       -articles prosecuted in Senate             -may be convicted
Lawyer's work
-Negotiator -Drafter -Counselor -Litigator
Litigator
-we're most familiar w this -increasingly rare     -expensive     -legislative changes
Negotiator
-most important function -Explaining the past, dealing with the present, Planning for the future (Sarat & Felstiner)
Drafter
-proactive exercise that is trying to prevent a negative outcome for the client -wills, mortgages, trusts, etc.
Counselor
-mostly proactive -Providing advice before something happens
Other ways to remove judges (aside from impeachment)
-Recall elections   -petition circulation -commission systems   -responsible for oversight, prosecuting, convicting, etc.
How is schooling for a judge different in Europe and Japan?
-law school is an undergrad degree there -here, law school is a grad program and does not school you to be a judge   -the ABA and one's first job prepare them for judging
what happened in the 50s and 60s to change the bar and make more diverse?
-the bar became harder   -kept the #s of lawyers down   -kept minorities & women out -barriers began to change
Bates v. Arizona Bar
two AZ attorneys challenged a state disciplinary rule that prohibited lawyers from advertising their services in any mass medium.
Sarat & Felstiner
-divorce lawyers that conducted research and found that negotiating is the main role of a lawyer's job and litigating is the slightest role

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