Free Judicial Selection Dissertation Example
The selection of judges in the US differs at a state and federal level. According to Donovan et al. (2014), federal judges are appointed by the presidency while state judges are selected using three fundamental methods. These methods include selection by the legislature or the executive wing of government, selection via non-partisan or partisan elections and merit selection. It is, however, worth noting that these methods have multiple permutations, hence a state may use a combination of them in selecting judges for diverse platforms. For instance, a state may select a trial judge via merit and an appellate court judge through elections. According to Neubaeur & Meinhold (2016), states tend to employ different methods in the initial and retention processes respectively.
While some of the judicial selection methods portray democratic and transparent attributes, others have notable loopholes that may trigger a malpractice. Selections methods such as partisan elections and selection by merit illustrate a high degree of democracy, professionalism, and fairness. Partisan elections follow a similar pattern to the election of governors and senators, allowing citizens to have a say in the selection of their judges. Merit selection, which involves the selection of a judge through a predetermined committee with representatives from each arm of government is also an egalitarian mechanism for judicial selection (Donovan et al., 2014).
The non-partisan method, on the other hand, has often been criticised for its authoritarian features. This method entails the submission of a prequalified list of judges to the state governor who then selects the person they deem fit to serve. Sadly, even at a national level, judicial independence is somewhat curtailed. For instance, in the appointment of federal judges by the president, Neubauer & Meinhold (2016) point out that the president has a big say as to whom is to fill a judicial office. This can, therefore, be used by some presidents as an opportunity to appoint judicial puppets.
Donovan, T., Smith, D.A., Osborn, T., Mooney, C.Z. (2014). State and Local Politics. Routledge.
Neubauer, D. W., & Meinhold, S. S. (2016). Judicial process: law, courts, and politics in the United States. Nelson Education.
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