Chapter 10
 

Summary:

There are several different methods of selection used in state courts.  Commission-based appointments (also terms merit selection or Missouri Plan) select judges by recommendation made to the governor, who then makes the appointment.  The partisan election uses a ballot system where voters choose from multiple party affiliated candidates. Nonpartisan elections resemble partisan elections; however, party affiliations are not designated on the ballots.  Gubernatorial appointments are appointed by the governor without a judicial nominating committee and may require confirmation by legislature or executive council.  Legislative appointment or election nominates or appoints judges by legislative vote only. Some of the benefits of being a judge are that federal positions and some state positions are life terms as well as being considered a capstone of a successful legal career for a lawyer.  The tree general problems associated with being a judge are mastering the breadth of the law they must know and apply, administering the court and the docket while supervising court staff, and coping with the psychological discomfort that accompanies the new position.  Good judges are aware they occupy a special place in a democratic society.  They are also aware of the necessity for intellectual humility and adhere to the model code of judicial conduct.  Prosecuting attorneys may be considered the gatekeepers of the justice system because they are the ones who bring prosecution against individuals, representing the people of the jurisdiction.  Defense attorneys are afforded to all individuals during critical stages of proceedings (where rights could be lost).  When an attorney is deficient in his or her performance, resulting in prejudice to the defendant so serious as to bring the outcome of the proceeding into question, this is called ineffective counsel.  The Supreme Court case of Griffin v. Illinois ruled that there can be no equal justice where the kind of trial a man gets depends on the amount of money he has.  This ruling established the need for public defenders to represent indigent defendants. 

Objectives:

Explain the five methods of judicial selection, and why the subject of judicial selection has come under scrutiny

Describe why courtroom civility is important, as well as the meaning of “good judging”

Review the problems encountered by judges, particularly those who are new to the role

Relate the major duties of prosecutors and defense attorneys (to include their roles in plea negotiation)

Outline:

Those Who Would Be Judge: Selection Methods and Issues

The type of judicial selection system affects judges’ experience level; it determines the ability of qualified, but less politically connected, individuals to serve; it affects the gender and racial diversity of the judiciary; and it affects the public’s perception of judicial impartiality and independence

Methods of Selection in State Courts

Debating Judges and Politics

Jurists’ Benefits, Training, and Challenges

Life terms for federal positions and some states

Can be capstone of a successful legal career for a lawyer

Judges not always primary decision makers in the courts

3 general problems

Judges and Courtroom Civility

“Good Judging”

Problems With Judicial Misconduct

The Attorneys

“Gatekeeper” of the Justice System: Prosecutor

“Guiding Hand of Counsel”: Defense Attorney