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POLS 210: Exam 2

Pre-req's for being a judge in the us 
-no one goes to school to be judge in us -competence -accountable
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3 state-court judicial selection options
(methods vary by states) appointment non partisan election partisan election
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appointment
deciding body appoints judges when needed
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judicial elections (state)
most states elect at least some portion of their bench -some states have mixed systems -partisan and nonpartisan electoral systems
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merit selection plans
-committee compiles list of qualified candidates -appointing actor selects judge -judges must face retention elections
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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
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Article III Courts
-Supreme Court -US Courts of Appeals -US District Courts   -first, vacancy   -finding nominee   -confirmation
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Finding Nominee
-interest groups (ABA) -Justice Dept. -FBI
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Selecting Nominee
-state senator's from president's party will recommend individuals
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Federal Judicial Selection (president's role)
-President settles on a nominee & sends them to the Senate Judiciary Committee
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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?
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What is required to be a judge
-no formal req's -Informal: professional competence, policial qualifications, self-selective desire for the job
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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
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Lawyer's work
-Negotiator -Drafter -Counselor -Litigator
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Litigator
-we're most familiar w this -increasingly rare     -expensive     -legislative changes
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Negotiator
-most important function -Explaining the past, dealing with the present, Planning for the future (Sarat & Felstiner)
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Drafter
-proactive exercise that is trying to prevent a negative outcome for the client -wills, mortgages, trusts, etc.
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Counselor
-mostly proactive -Providing advice before something happens
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Other ways to remove judges (aside from impeachment)
-Recall elections   -petition circulation -commission systems   -responsible for oversight, prosecuting, convicting, etc.
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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
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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
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Bates v. Arizona Bar
two AZ attorneys challenged a state disciplinary rule that prohibited lawyers from advertising their services in any mass medium.
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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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