State Judicial Selection Criteria Essay

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1. Judicial selection process – New Jersey state

Choosing New Jersey state court judges happens mostly through a system whereby the judges are appointed by the Governor and then confirmed by the state senate. All individuals of the judiciary besides the municipal court judges are appointed to serve their first seven-year terms. The appointed judge can serve a second term if reappointed but must not be above 70 years, which is the constitutional limit. The American Judicature Society, 2014a provides the guidelines for the selection of the following: The Appellate Division, the 371 judges of the Superior Court of New Jersey, the seven supreme court justices of New Jersey, the 34 Superior Court judges of the New Jersey. The State of New Jersey employs senatorial courtesy in appointing relevant Judicial personnel. This practice was largely retrieved from selection methods of the federal judiciary. Just the way U.S. senators are given the final say on the appointment of federal judges so is New Jersey senators on appointment of judicial candidates from their corresponding districts. Senators from other districts cannot appoint a nominee if the senators from the candidate’s district have not given their approval of the candidate.

The governor also chooses the chief justice while the Senate is required to confirm or approve the candidate. After the appointment, the chief justice is expected to serve in that capacity for a period of his or her tenure. The chief justice of the supreme court designates powers to serve indefinitely to other chief judges of other courts.

Qualifications

For a candidate to be eligible for appointment to the court of appeal and general jurisdiction courts, he or she must be licenced to practice law in the State of  New Jersey for a minimum of 10 years and should be less than 70 years of age which is the constitution mandatory age of retirement.

Municipal Courts

 New Jersey State Municipal Courts judges are expected to serve a three-year term in office if appointed. The judges can be confirmed by the mayor with consent of the city council if the court serves primarily on municipality alone. The judges of the municipal court can also be a confirmed by the governing body of the municipal. For eligibility to be appointed as a municipal court judge, the candidate must reside in the state and must have practiced as a lawyer for over five years.

Tax Court

The American Judicature Society, 2014a has provisions for appointment as New Jersey Tax Court judge. The provision of the Judicature states that for a candidate to be eligible for appointment by the governor, he must not exceed the age of 70 years. It further states that a candidate can be eligible to be reappointed after seven years after which he or she can serve a full term. Another eligibility requirement is: the candidate must have a minimum of ten years experience practising in the state. It also requires the candidate to have appropriate knowledge and experience regarding taxation issues.

2. Judicial selection proceeding – the State of Texas

The process of choosing judges of the state court in Texas is done by the way of partisan elections in every court level . Tenure duration is different from each court level however all judges are required to run for re-election once their term comes to an end. (American Judicature Society, 2014b).

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Judges' terms usually begin on January 1 under the Texas Constitution right after the successful election or re-election after first term.

Appellate courts

The partisan elections which are statewide by the district court of appeals judges for both supreme court and criminal appeals court justices result in the election of the supreme court’s nine justices , then nine judges of the criminal court of appeals and the appeals court’s 80 judges.  The justices and judges who win the elections serve a…

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…an advisory committee for judicial conduct entailing private citizens assigned by the court. Selected committee evaluates all accusations of misconduct and either dismiss the allegations or recommends an official hearing. From the proceedings, judges may be reproached, reprimanded and terminated without pay, or terminated from office.

· Impeachment of judges by a majority vote by individuals of the general assembly and terminated by the Senate's two-thirds.

· When the supreme court attests to the governor’s office that a judge cannot fully perform his or her judicial obligations because he or she is incapacitated, a commission of three is selected to investigate the issue. Upon the recommendation of the committee, the governor may terminate the judge.

ii. Texas

Judges in Texas may be terminated in one of four circumstances (National Center for State Courts, 2019b):

· Investigations are done by the state commission upon judicial conduct, and if necessary, prosecutes charges of misconduct by judges in Texas . Based on the recommendation of the retirement or termination, the supreme court appoints a review tribunal from a list of judges from the court of appeal to confirm the results and submit a verdict. Judges may appeal verdicts to the supreme court.

· State Judges may be terminated by the governor upon the recommendation of two-thirds of the senate and the house.

· The house of representatives may impeach judges and be terminated by two-thirds of the Senate.

· District court judges may be terminated by the Supreme Court from service.

4. The argument for the selection process of Texas judiciary

As arbitrators of the law, judges play an essential and noble role. To make sure they implement their role as required, the neutrality of the bench is a key obligation. To protect neutral nature of the bench, the selection of judges is a better alternative compared to partisan elections.….....

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