PDF Judicial Independence: the Pros and Cons Life Time Appointment Exacerbates Divisiveness Following the Confirmation Process. The goal is to use a process that picks the best judge or the most qualified and experienced. There are valid and reasonable arguments on both sides. Appointed Judges allow for a more independent judiciary. Cons Judges who are appointed are more likely to be highly qualified than elected judges. The judges of the Supreme and the High Courts are appointed by the President. (Minimum 150 words). One con is that many life appointed judge should retire but remain in office . I will address Pros first: 1. One of the disadvantages is that sometimes bad judges can slip thru the cracks when appointed that may not have the right moral compass to judge cases fairly. What is the advantage and disadvantage of the appointment ... As indicated earlier, appointment was originally the preferred method of judicial selection in America. After viewing the pros and cons of life time appointment for Justices, the cons do not seem to be significant enough to get rid of the system. One of the most notable benefits of lifetime appointment is the ability of justices to make decisions based on their interpretation of the law without fear being swayed by public opinion. Appointed judges are appointed for life, so it is possible that their decisions are not based on getting reelected. Pros and Cons of The Direct Election of JudgesPhotos:https://www.flickr.com/photos/fischerfotos/7526267232/https://www.flickr.com/photos/60064824@N03/5486338. Appointment - JAS. Some Advantages and Disadvantages of a Judge's Career ... Advantages of appointing judges Free Essays | Studymode - Judges are dependent on whims of public opinion (Such as civil liberties and capital punishment) - Lower voter turnout - Lack of voter knowledge and information - "Roll-off" from higher races on ticket - Non-partisan takes away simple cue of party voting for decision - Increasing expense of campaigns . He of course the part Federal judges' salaries, U.S. Courts explains, are determined under Article III. However, I do not agree with the idea of judges being appointed. Assistant Professor Jed Handelsman Shugerman provides historical perspective on judicial elections and other methods of judicial selection in his new book, "The People's Courts: Pursuing Judicial Independence in America" (Harvard, 2012).</p> Supreme Court Justice Ruth Ginsburg passed away at the age of 87 on September 18th of 2020. Also explain its purpose., What did the Constitutional Reform Act 2005 (CRA) did for judges, as an advantage?, Consider it a . US Supreme Court Packing - Top 2 Pros and Cons. When a judge is appointed, the person in charge of that appointment will look at their entire record as a judge rather than just check the box next to the name that has an (R) or a (D) after it. Though this system might seem like an efficient way to fill the bench with capable judges, it is actually counter-productive in a state like Texas. (Aug. 8, 2012) September 16, 2012. The U.S. is virtually the only country in the world that selects judges by popular election. Abstract. Electing or appointing Judges? Many Judges Don't Have an Opponent. 2. One of the hottest debates in judicial politics today is whether judges should be chosen through competitive election or appointments. 3. Cons Judges are either elected to their position by a popular vote or appointed by some body within their state. 24. We are taught from a young age that the best form of government is one that we the people elect. Answer (1 of 3): Judicial Elections always have been in centre of controversy since, it includes voting from citizenry in retaining a judge. Judges should be selected with the intention of being objective and non-partisan, not elected to implement a particular party's platform. Some critics argue elections create political biases which weaken judicial impartiality. Even in the United States, it is the method followed for the federal judges' election and in six states for the selection of the state judges. In particular, greater attention should be paid to the choice of candidates for the post of judge by avoiding the appointment of activists and campaigners. Although Justice Scalia was confirmed in 1986 98-0 . What are some other pros & cons of electing judges vs. appointing them? Discuss the pros and cons of elected judges versus appointed judges. Cons of Lifetime Appointment of Federal Justices. The Constitution provides for the lifetime appointment of every Supreme Court Justice, though not through any direct language. As possible elected in 45 state systems pros and cons of elected and appointed judges the country the partisan election but it would also cut the! Pros and Cons of Potential Term Limits for Supreme Court Justices. That's because, under the Constitution, Supreme Court justices have lifetime tenure unless they resign, retire, or are removed from office. [ad_1] QEP Assignment 1: Article III of the U.S. Constitution states "The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. Court packing is increasing the number of seats on a court to change the ideological makeup of the court. 3. Allowing federal justices to serve a lifetime reinforces the division which follows the process of appointing these individuals. Because judges are elected rather than appointed, they are often beholden to politics. There are two primary methods of judicial selection: election and appointment. As aaron pointed out there are pros and cons to both. A twenty year term allows a judge to complete a very . Pros And Cons Of Judges Being Appointed. Appointed judges are appointed for life, so it is possible that their decisions are not based on getting reelected. Here are some of the pros and cons of electing judges. These judges, often referred to as "Article III judges," are nominated by the president and confirmed by the U.S. Senate. The pros of lifetime of judges in the Supreme Court are that they do not have to worry about the political pressure or to contribute with money for any political campaign. In fact, many criticize the very concept of merit selection as fundamentally flawed and elitist. This memorandum summarizes that report. The popular election of judges opens up the judicial branch to the same partisan and commercial pressures that the other branches experience. Judges are appointed by Congress and serve for 10 years, after which they may be reappointed. […] District judges in federal court earned a salary of $210,900 in 2019. Electing such officials as state court judges has drawbacks, compared with appointing them, finds a new study. Proponents of judicial elections believe that they are appropriate to our democratic method of government. Pros And Cons Of Lifetime Appointment For Supreme Court Justices. Appointment Of Judges by the executive. Pick one of the 3 cases under John Marshal on pp 87-88, and explain how and why it is important today. Order Essay. Take, for example, a rule limiting federal judges to 20 years on the bench. Each side has pros and cons. Some states provide only for election of judges; most opt for a hybrid of elective and appointive positions. As such some judges can also be swayed to look the otherway on issues that they strongly oppose that their constituents may favor. It is also a misconception. Appointment of Judges: A Key Issue of Judicial Independence. Should Supreme Court judges be elected or appointed? Judges are appointed, usually by the governor. Homework Answers. If we lived in a perfect world, a system of appointed judges would probably be best possibly coupled with some recall provision where voters could vote a judge out if a large enough percentage of the vote in favor of recall were garnered. : judge Ketanji Brown Jackson child porn... < /a > September,! Direct language sentencing, the salary rose to $ 216,400 where high court judges vary in. Methods of selecting state judges ( as opposed to federal judges & quot ; the purpose. Combating partisan Imbalance in the courts system is understandable allowing federal justices to a! 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