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CHAPTER FOUR

CHAPTER FOUR. JUDGES. Role of Judges. Symbols of the court Symbols of court work Essential to dispute adjudication. Judicial Selection. Partisan Elections Non-Partisan Elections Appointment Merit Selection Legislative Appointment. Partisan Election. Popular election on ballot

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CHAPTER FOUR

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  1. CHAPTER FOUR JUDGES

  2. Role of Judges • Symbols of the court • Symbols of court work • Essential to dispute adjudication

  3. Judicial Selection • Partisan Elections • Non-Partisan Elections • Appointment • Merit Selection • Legislative Appointment

  4. Partisan Election • Popular election on ballot • Political party identification • State and local elections • Lack of voter voice • Voters are uninformed • Few judges voted out of office • Other issues • Lack of diversity among candidates • Campaign contributions create conflicts of interest

  5. Non-Partisan Election • Popular election on ballot • No political party identification • Role of the media and other organizations • State court trial and municipal judges • Issues • Lack of accountability • Lack of diversity among candidates

  6. Interim Appointments • Filled by the governor until term expires • Allows courts to continue to operate • Prevents a costly special election • Often used to reward friends, political allies, and party members • Judges who are appointed often remain in office

  7. Article III Appointments • Federal District Courts, Courts of Appeals, U.S. Supreme Court Justices • Appointed by the President • Have lifelong tenure • Most are male, upper-class, well-educated, and are former judges or prosecutors

  8. Merit Selection • Combines elements of election and appointment • Applicants evaluated by nominating commission • Governor makes a decision until next election • Reasons for merit selection • Elections are expensive • Elections are competitive and divisive • Attorneys give input through nominating committee service

  9. Legislative Appointment • Used in South Carolina for interim appointments only • Used in Virginia for interim and full-term appointments

  10. Federal Judges • No formal qualifications • Congress and the Department of Justice have created their own criteria • Results in an elite group of federal judges

  11. Federal District Courts • Created by the Judiciary Act of 1789 • 94 districts, 678 courts • Federal District Court Judges • Preside over federal civil and criminal trials • Supervise federal grand juries • Nominated by the President • Confirmed by the Senate • Serve life terms • May only be removed for impeachment or conviction of offenses

  12. Magistrate Judges • Created in 1968 to replace U.S. Commissioners • 505 full time and 45 part-time magistrates • Assist federal district judges with their workload • Issue warrants • Conduct routine proceedings • Appointed by district court judges • Full-time positions serve 8-year terms • Part-time positions serve 4-year terms

  13. Bankruptcy Judges • 352 Bankruptcy Judges • Selected by Court of Appeals Judges • Handle district court bankruptcy cases • Serve 14-year terms

  14. Judicial Discipline • State Judicial Conduct Commissions • Handle complaints of illegal or unethical behavior • Complaint is filed and investigated • Disciplinary action may include a warning, reprimand, censure, temporary suspension, or removal from office

  15. Removal from Office • Removal for ethical violations or crimes • Removal of state judges • Implemented by state conduct commissions • Impeachment • Removal of federal judges • Requires formal charges and a trial • Process is expensive, difficult, and time-consuming • Occurs infrequently

  16. Judicial Independence • Dependent on the legislative branch for funding and jurisdiction • Dependent on the executive branch to enforce the law and carry out court mandates • Judges are free from control of others when making judicial decisions • Judges must be able to do their job without political pressure • This is difficult to achieve • Judges are accountable to the citizens they serve • Public opinion • Canons of judicial ethics • Political involvement • Personal conscience

  17. Quasi-Judicial Officers • Court officers who assist judges • Make decisions “in the shadows” • Oversee specific matters appointed by the court • Masters • U.S. Magistrate Judges • Referees • Mediators • Hearing Officers

  18. Pretrial Functions • Issue arrest and search warrants • Issue summonses and subpoenas • Hold initial appearances • Set bail and hold bail reduction hearings • Conduct pretrial hearings • Rule on pretrial motions • Respond to attorney requests • Establish a docket

  19. Trial Functions • Act as a neutral referee • Preside over jury selection (voir dire) • Set time limits for arguments • Rule on motions to introduce or exclude evidence • Give jury instructions • Set a date for sentencing

  20. Post-Trial Functions • Impose the sentence • Entertain motions from attorneys on unsettled issues • Probation revocation

  21. Appellate Functions • Review criminal cases for errors in trial or sentencing • Review civil cases and consider overturning or modifying judgments

  22. Judges as Administrators • Judges must ensure the smooth administration of justice in their court • Few judges are prepared as administrators • Options for handling administrative tasks • Employment of court administrators • Creation of chief or presiding judge positions

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