23 Cards in this Set
| Front | Back |
|---|---|
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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
|
POLS 210: Exam 1