State courts are vulnerable to political pressure. Judges in most states are subject to election and their budgets are subject to approval by the executive and legislative branches. In many states, the courts’ constitutional structure and authority can be changed through the referendum and initiative processes.
What is one of the most frustrating aspects of being a judge? Heavy caseloads and corresponding administrative problems.
The California Legislature determines the number of judges in each court. Superior court judges serve six-year terms and are elected by county voters on a nonpartisan ballot at a general election. Vacancies are filled through appointment by the Governor.
Judges often receive life and health insurance, pension and retirement plans as well as vacation and sick leave compensation.
The Executive arm has always been regarded as the principal threat to judicial independence. However, it is not the only such threat. Any significant source of power in a society may constitute a threat. Necessarily threats to judicial independence differ significantly from one jurisdiction to another.
All of this led Justice Sandra Day O’Connor to say that “the single greatest threat to judicial independence . . . is the flood of money coming into our courtrooms by way of increasingly expensive and volatile judicial elections.” Margaret Marshall, former Chief Justice of the Supreme Judicial Court of Massachusetts, …
What system is likely to produce judges who have held political office? The election system.
One of the most important tasks is to counsel the defense. Attorneys are expected to champion their clients cases, and must advise the clients of possible legal consequences involved.
Which of the following is TRUE of federal judges, but not of state judges? They are appointed by the president of the United States.
Question: How is your role in government different from an elected official? … Judges, including myself, are appointed by the president to serve the people, but are not elected by the people. Other elected officials are voted into office by the citizens, while judges are not.
All Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure. Since Justices do not have to run or campaign for re-election, they are thought to be insulated from political pressure when deciding cases.
What should the most important considerations when filling judge and justice positions be at the federal level? Explain. The most important considerations are their influences and their mindset.
Being a Lawyer Pros | Being a Lawyer Cons |
---|---|
Lawyers can earn really good money | Lawyers often work long hours |
Being a lawyer implies excellent career options | Stress can be enormous |
Lawyers can work in many different jobs | Being a lawyer may affect your family life |
There are three ways in which the appointment process has been thought to threaten judicial independence (1) political appointments (2) stacking the court with new appointments and (3) not appointing a sufficient number of judges for the workload.
If a judge is not fair and impartial, then one or both parties are denied their fundamental constitutional right to due process of law. … When a judge enters the courtroom, his or her personal, political and religious beliefs must give way to the Rule of Law.
Judicial review does have limits. Judges can only review laws or other governmental acts that are challenged in court. And once a ruling is made, judges must rely on the other branches of government to enforce them.
Threatening other officials is a Class D or C felony, usually carrying maximum penalties of 5 or 10 years under 18 U.S.C. § 875, 18 U.S.C. § 876 and other statutes, that is investigated by the Federal Bureau of Investigation. … When a threat is made against a judge, it can be considered obstruction of justice.
In fact, the Declaration of Independence criticized King George III for making “judges dependent upon his will alone for the tenure of their offices and the amount and payment of their salaries.” specifying that they hold their office “during good behavior.” This meant that their appointments are for life.
Independent judges protect our freedoms, but it is also important to protect the people from a court that is too powerful. … This guarantees that independent courts and judges remain faithful to the rule of law. Article III of the Constitution, tells us that judges “. . .
The insanity plea
Among the most controversial affirmative defenses is the insanity defense, whereby a criminal defendant seeks to be excused from criminal liability on the ground that a mental illness, at the time of the alleged crime, prevented him or her from understanding the wrongful nature of his or her actions.
Most (approximately 39) states use some sort of elections to select at least some of their judges.
The role of the judge is to keep order or to tell you the sentence of the person. … In cases with a jury, the judge is responsible for insuring that the law is followed, and the jury determines the facts. In cases without a jury, the judge also is the finder of fact.
Absolute judicial immunity applies when judges act in their judicial capacity. A judge enjoys this immunity when they exceed their jurisdiction, but not when they act without any jurisdiction.
Judges provide instructions to juries prior to their deliberations and in the case of bench trials, judges must decide the facts of the case and make a ruling. Additionally, judges are also responsible for sentencing convicted criminal defendants. Most cases are heard and settled by a jury.
federal courts hear cases involving the constitutionality of a law, cases involving the laws and treaties of the U.S. ambassadors and public ministers, disputes between two or more states, admiralty law, also known as maritime law, and bankruptcy cases.
Which is a true statement about federal judges? They are appointed by the Senate. They serve five-year terms. They are approved by the Supreme Court.
Explain why it is important to ensure that judges are not punished for their decisions on cases. The possibility of being punished, either with a salary reduction or with a demotion, would call into question the ability of a judge to decide cases objectively, without a conflict of interest.
Elected officials collectively decide policy issues for the agency. … This person is responsible for implementing the governing body’s policy directives and agency laws, as well as overseeing the administrative operation of the agency.
Article III of the Constitution governs the appointment, tenure, and payment of Supreme Court justices, and federal circuit and district judges. … Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate.
Methods used include election by voters, election by state legislature, & appointment by governor & confirmation by legislature as in the federal system. What are the checks on the judiciary? The Constitution gives Congress the power to determine the organization and jurisdiction of the lower federal courts.
All of this led Justice Sandra Day O’Connor to say that “the single greatest threat to judicial independence . . . is the flood of money coming into our courtrooms by way of increasingly expensive and volatile judicial elections.” Margaret Marshall, former Chief Justice of the Supreme Judicial Court of Massachusetts, …
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