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eihwaz -> RE: This is criminal justice? (4/8/2011 7:53:17 PM)
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ORIGINAL: tweakabelle
Are all judicial appointments open to anyone? (I've seen that the Pres nominates Supreme Court Judges. Are all higher court judges appointees?) Which positions are decided by voting and which by appointment?
For those judicial positions that are decided by popular vote, is legal training and experience a pre-requisite or can anyone run? Are there any pre-requisites at all?
At the federal level, Article III (of the US Constitution) judges are nominated by the POTUS, confirmed by the Senate, and serve "during good Behavior" (conventionally interpreted to mean until they voluntarily resign or retire or are involuntarily impeached):
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ORIGINAL United States Courts: Judgeship Appointments by the President
Supreme Court justices, court of appeals judges, and district court judges are nominated by the President and confirmed by the United States Senate, as stated in the Constitution. The names of potential nominees are often recommended by senators or sometimes by members of the House who are of the President's political party. The Senate Judiciary Committee typically conducts confirmation hearings for each nominee. Article III of the Constitution states that these judicial officers are appointed for a life term.
The Constitution sets forth no specific requirements for judges. However, members of Congress, who typically recommend potential nominees, and the Department of Justice, which reviews nominees' qualifications, have developed their own informal criteria.
Article I judges have subject matter jurisdiction over specific types of cases such as tax, bankruptcy, and federal claims and are appointed for specified terms of service. The FISA Court is another example of a special court. Article I (and Article IV) judges are appointed by various mechanisms, depending on the court: For example, tax court judges are appointed via a process similar to that used for the appellate court system, while bankruptcy court judges are elected by the District Courts.
At the state and local level, it's quite common for judgeships to be elected offices.
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ORIGINAL: tweakabelle
Doesn't electing judges makes them beholden to interest groups, political parties and others especially if they intend re-running when their terms expire? Does this turn out to be a shortcoming in practice? Are there many cases where judges have been found to be act corruptly?
Yes. Yes. Yes, some quite egregious. Appointing judges will always involve politics. However, in the opinion of many (including myself) electing judges seriously undermines the integrity of the judicial system, especially where individual and public interests contend with those of corporations.
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