Methodsof State Judicial Selection
Methodsof Judicial Selection
Thereare five methods of judicial selection which include partisanelection, non-partisan election, selection through merit plan,gubernatorial appointment and legislative appointments. Partisanselection of judges is the selection of judges through the sameelection procedure that for other public office positions. Innon-partisan elections, candidates are shortlisted to fill injudicial positions without concern over their political affiliation(Champion, Hartley, & Rabe, 2012). These two judicial selectionapproaches is largely criticized on basis of whether partisan andnon-partisan judges actually represent the choices of the people. Inthis kind of selections, there is usually some form of privatefinancial support behind each applicant. Regardless of whetherelections are partisan or non-partisan, the slate of candidates isgenerated by diverse political parties and special lobby groups.Consequently, those people who get to office may not necessarily havethe interest of the people at heart.
Partisanusually dominate public voting. Individuals are usually aware of thecandidates’ affiliation and promote them to office with the intentof perpetuating their partisan agendas. For example, in the South,most of the time, the Democratic Party has succeeded in electingpartisan judicial panel (Champion et al., 2012).
Inaddition, partisan and non-partisan selection of judges raisesconcern of the process to put popular judges into office, not fromtheir qualification or credentials, but from political affiliation.This is because the political influence of a person may overshadowtheir competence to be a judge. In this forms of selection, noobjective procedure is applied to evaluate judicial competence(Neubauer & Meinhold, 2012). There is no jurisdictionrequiring judges to take or pass a given test for qualifying for thisnoble position. In fact, those judges who are elected into officethrough partisan or non partisan selection and have no experience inthe judicial system are taken through crash programs to enhance theirknowledge on being judges (Champion et al., 2012).
Champion,D. J., Hartley, R. D., & Rabe, G. A. (2012). CriminalCourts: Structure, process, and issues(3rd ed.). Upper Saddle River, NJ: Pearson Education, Inc.
Neubauer,D. & Meinhold, S. (2012). JudicialProcess: Law, Courts, and Politics in the United States.New York: Cengage Learning.