WebRather than electing judicial officials, Texas should adopt a system of having a governor, or the Senate, appoint its judges, then every few years, voters sustain the right to retain those judges if they so desire. %PDF-1.4 Many say that the law is non-partisan and judges should be too. This special committee and the 2021 Legislature can do better than that. Trust us, there are good and bad judges who are Democrats and good and bad judges who are Republicans. Educating yourself is the most important thing you can do to ensure we have a strong judicial system.". Greg Abbott, a former judge who moved over to the executive branch years ago, and is trying to find an alternative to the partisan elections Texas employs to pick its jurists. WebEach side has pros and cons. 2. To see more, visit KUT 90.5. 2023 www.caller.com. "We should focus more on designing a good system that reflects these lessons from the data," she says. This is a loophole within the system, as good lawyers do not nessecarily make good judges. Across the state, that 2018 election put 400 new judges into office. Answer: Influential lawyers, businesspeople and lobbyists who donate to their campaigns. Save my name, email, and website in this browser for the next time I comment. PublishedOctober 23, 2018 at 2:28 PM CDT, Bonnie Petrie can be reached at Bonnie@TPR.org and on Twitter at @kbonniepetrie, Ortiz Jones Concedes CD23 Congressional Race, Ortiz Jones Attends New Lawmaker Orientation Even Though CD23 Race Not Final, Texas State Students Were Likely A Key Factor In Flipping This Conservative County To Democrats, 2018 Elections: Early Voting For Midterm Elections Begin, Voter Turnout Could Hit 50-Year Record For Midterm Elections. You or the people who have given them money and know them by first name? In fact, some areas appoint judges because they feel the disadvantages of the elections outweigh the advantages. The Law Office of Gretchen J. Kenney assists clients with Elder Law, including Long-Term Care Planning for Medi-Cal and Veterans Pension (Aid & Attendance) Benefits, Estate Planning, Probate, Trust Administration, and Conservatorships in the San Francisco Bay Area. During election years, judges are more likely to rule in accordance with the popular opinion of citizens rather than what is legally fair or right. Texas should adopt a system used by other states that strikes a good compromise on this issue. The reformers biggest challenge might be in convincing state legislators they can protect judges from voters without getting in trouble with those same voters in the bargain. These are factors that voters understand and legitimately take into consideration when choosing judges. Lim points out that governors have an advantage when appointing judges because they are likely to have more accurate information about the political preferences and sentencing approaches of a candidate than is generally available to voters during a campaign. uGF3v?._?G/v>\`9 ?t>[dY_ZS3NU!T#F;=?) In a normal election, candidates in the races at the top for president, for governor and the like are usually well known to voters. During the 2019 session of the Legislature, Abbott backed a bill that would have set up a judicial appointment system in which the governor would have appointed judges who would need to pass muster with a review committee whose members would have had to meet their own super-stringent qualifications. The system is not liked by everybody because of the way it selects our judges. The judicial system has many pros and cons, but i believe that all government officials just want whats best for texas and its citizens. Tort reform does not involve a single law, torts are legal wrongs that violate the rights of another and lead to a form of civil responsibility. "This system was set up before the Civil War," he says. Law Firm Website Design by Law Promo, What Clients Say About Working With Gretchen Kenney. Because not enough people enter the campaigns, it means that many judges end up in their positions for years or even decades, even if they arent doing well at their jobs. The lack of opposition means that the accountability described above is eliminated altogether in some situations. Its a grab bag, evidenced whenever a party sweep clears a courthouse full of incumbents, as happened in Harris County in 2018. That voter support is what Lt. Gov. Describe some of the current Justice is better served. And putting judges on the ballot is popular with voters, even though some judges think its unseemly to join political parties, to raise money from people who might have interests before the courts or from lawyers who practice before those judges, and to stump for votes and support like other politicians. 1. "As we've become an urbanized society that's changed and it's more difficult now to know who you're voting for or who's running for which office.". Rather than focus on donations and endorsements from corporations to ensure appointment, they must prove fairness and adherence to the law to keep citizens invested in keeping them in the courtroom. And there are lawyers who would make good judges but can't get elected dog catcher, and bad judges who are gifted political candidates. PRO/CON: Should judges in Texas be appointed or elected? But another bill, authored by state Rep. Todd Hunter, R-Corpus Christi, passed with Abbott's enthusiastic support. The Pay is Good. It failed. 5 0 obj |/~6ulX+~_drxnE9@{Gc It seems like there should be a simple answer to that question, but there isn't. But Abbott is a lawyer who used to be a district judge and Texas Supreme Court justice. Opponents argue that tort reform is not only legislative tampering with the judicial system but favors these powerful professions and business interest groups who seek to be protected from punishment for practices and products that cause harm to citizens. We have a code of ethics and are limited by what we can and can't say. They further argue that even if a judge remains impartial, elections create anappearanceof impropriety that damages the public'sperceptionof the judiciary. "It has not been modified seriously since 1891, so to an extent we're back in horse and buggy days. Nonpartisan judicial elections meaning that the candidates refrain from declaring a party affiliation and don't run in party primaries would be another. Supporters of tort reform believe that huge jury awards are not only excessive to the injury sustained by the plaintiff but also a void on the states economy and is damaging to certain professions. You're in good company with countless graduate-degreed Texans. "Once you get elected, you really have to take that political hat off. As in states like Texas, where judges are elected like everyone else, thats subject to outside influence by political donors and interest groups hoping to influence the direction of the courts, if not the outcomes of specific cases. ]r7OZ,K[,N)&[[*p$a h&UWu/pqOr `>rND$g@uyW a`@| FkLV[Bk>2_.vWu`CJA*D`G65X6Nn#lmB!d{F2yH.oyV\\""/X#IUT@og3n$Q,WB+\g?ULL_]'_\W_WJ#Ny1C{yL=X5nFME? Usually, they know little or nothing about these "candidates." Republicans often take a harsher view of criminals. I'm Marysa, a busy mom of two girls, and our family lives in Upstate NY. She'd ask lawyer friends who they'd recommend and why. That was a party rout, replacing the best and the worst Republican judges with the best and the worst Democratic challengers. In the case of state court judges, for example, elected judges are far more variable in their sentencing than appointed judges, according to a new study. Some critics argue Because judges are elected rather than appointed, they are often beholden to politics. Thats a hard sale to make. % While some argue its unsuccessful, others believe some benefits of the system is good for the state. 4hMWV5Pfu9oUc@+ -CK})_$].. Judges are supposed to be fair and impartial. Texas is one, but it's about to give a serious look at changing that. WebI AM AN ELECTED JUDGE. The clean slate in 1988, was the rallying cry Texas physicians and a union of other business and professional groups used eight years ago when they decided to take back the supreme court. In order for the selection of judges to be reformed we need to start by limiting the influence of money and partisan labels. Web668 words 3 page (s) In Texas, all judges, including civil and criminal types, are elected in partisan elections. Judges are appointed, usually by the governor. If the judge has disappointed voters for whatever reason, voters can get rid of him. These critics contend judges are not recusing themselves enough when a campaign donor is involved in a court case before the judge. I gained some knowledge here! "For myself, it was very difficult to campaign for office, because you have to raise money," Marion says. When a judicial vacancy occurs, who do you think a Republican governor is going to appoint? Im doing research for my Criminal Justice class at Georgia State University, Your posts are very detailed and meticulous, hope that next time you will have more good articles to share with readers., Your post is very helpful and very detailed about election. Appointing judges further perpetuates that belief. The lawyers who appear before us. Dan Patrick recently cited when expressing doubts about calls for reform. Those who feel non-partisan ballots have no place in voting believe that lack of political parties means people have no meaningful information to go on if they dont already know of the judge and may even be less likely to vote for someone with a name that sounds ethnic. In 1988 there were three justices on the ballot each year, on a nine justice court, but because of officials stepping down there were six races for the supreme court on the ballot during this year. Due to their Elected judges rely on being liked by the people to remain in office, and sometimes that pressure to be liked is reflected in their court decisions. Thanks to Hunter for writing and passing the review bill, Rep. Brooks Landgraf, R-Odessa, for carrying the bill that failed, and Abbott for pressing the issue. Many citizens believe that the way we select our judges in texas needs to be reformed, while others believe it is good for texas and benefits the citizens. Linda B. Glaser is staff writer for the College of Arts and Sciences. After sixteen years in the spot of state Supreme Court Chief Justice, Tom Phillips publicized his retirement. WebTexas' Judicial Selection Process. Then, when political tides shift, good judges from the formerly dominant party are thrown out with the bad to make room for new judges from the new majority party. Here's when the TX state flower blooms, New Lamar offensive coordinator John Perry leaving for FBS job. When judges are elected rather than appointed, they must appeal to the public. The 2020 election year is well underway, which means youve probably been considering where to cast your vote. When Judge Marion runs, she knows it's difficult for voters to learn about her. 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