State-By-State Overview: Judicial Selection Processes Across the US - Essay Sample

Introduction

Judicial selection process across the United States varies significantly; thus each state has a unique judicial selection process within its court system. The five different methods of judicial selection include; through partisan elections, legislative elections, Nonpartisan elections, Gubernatorial appointment, and Assisted appointment. An overview at a state like Michigan its judiciary comprises the Supreme Court, the court of appeals, the many trial courts of limited jurisdiction and the circuit court. For its judicial selection process, in coming up with the kind of judiciary, it used the Nonpartisan method of elections to choose on the judges (Global Reach Internet Productions, 2019). However, the candidates to the Supreme Court get selected at political party conventions with the office bearer simply filing an affidavit of an aspirant.

Is your time best spent reading someone else’s essay? Get a 100% original essay FROM A CERTIFIED WRITER!

Order now

The qualifications in order to select judges within Michigan for the different kinds of courts like the Supreme Court is that the aspirant must be less than seventy years of age and a qualified elector. Besides he/she must also be licensed in the state to practice law for five years. On the other hand, given the Court of Appeals at Michigan to qualify to be selected a judge one had to be a qualified elector of the district, of less than 70 years of age and be licensed to practice law in the state of which should be five years practice of law (Global Reach Internet Productions, 2019). Whereas for the circuit Court not much difference as one should be a qualified elector of circuit with a license of 5 years to practicing law in state and similarly like the two courts be less than 70 years. The judicial selection process for the different kinds of courts in Michigan does follow several steps. In the Supreme Court, a candidate wanting to challenge competitor justices begins with first a nomination process at party conventions after which aspirant justices' files candidacy affidavit with a plea to be on the ballot. Whereas for the other two courts the court of appeals and circuit court candidates undergo the nomination phase in nonpartisan foremost elections with aspiring judges filing candidacy affidavit.

The second state with its own unique judicial selection process within its court system to be discussed is Ohio. The judiciary of Ohio comprises the Supreme Court and the court of appeals that make up the two appellate courts and lastly three trial courts namely the court of common pleas, the county court and municipal court. The court of general jurisdiction is the courts of common appeals whereby the judges here undergo a nonpartisan election whereby they get elected meaning party alliances do not get on the list on the ballot (Global Reach Internet Productions, 2019). A point to note is that in Ohio, political parties play a significant role in the judges' selection as it is them that endorse judicial aspirants to undergo a phase of nomination in the partisan primary elections. The qualifications of a judge being in the Supreme Court are that he/she should have had six years of practice of law and a maximum age of 70 years.

On the contrary, a slight difference there is in the qualification of a judge to the court of appeals is that he/she must also be a judge who has had6 year practice of law, particularly a resident of the district and with a maximum age of 70 years. For the Court of common pleas, a judge to qualify in this selection has to have had also six years practice of law, be a resident of the county and even with a maximum age of 70 years. The steps involved in the judicial selection process in Ohio different kind of courts all seem to have a similar selection process since the process involves all individuals who qualify and wish to join the bench following the initial step of participating in partisan primary elections accompanied by nonpartisan general elections.

In comparing and contrasting for both states Michigan and Ohio on the qualifications needed for a prospective candidate to become a judge. For both countries a potential candidate is to have a license of the practice of law; however, the number of years is what differs in both states whereby for Michigan one needs to have five years while in Ohio, one needs to have had six years of law practice. From both countries not much similarities there is other than differences, in that for Michigan State a prospective candidate needs to be less than 70 of age whereas in Ohio State a candidate should have a maximum age of 70 years. The other contrasting difference is that a potential candidate in Michigan State to become a judge to the Supreme Court needs to be a qualified elector, for the court of appeals he/she needs to qualify to be an elector of the district and for the circuit court one needs to be eligible as an elector of circuit. On the contrary in Ohio Supreme Court potential candidate does not need to be a qualified elector other than just having the practice of law but for the court of appeals in Ohio one has to be a resident of the district, and for the court of appeals he/she should be a resident of the county to qualify (Global Reach Internet Productions, 2019).

In Michigan State, relevant persons/entities would follow the following steps to remove a judge from office for disciplinary reasons. The initial step is that a judge may get impeached following a majority election of the House of Representatives, after that may be found guilty by a two-thirds Senate votes. The next step is that the governor can also have a judge removed following the coinciding decision of the two-thirds of both houses of the legislature members. The final step is that on judicial tenure commission recommendation, the Supreme Court may condemn, temporarily put on effect, retire or have the judge removed(Global Reach Internet Productions, 2019). A point to note is that with Supreme Court justices, the judicial tenure commission cannot address disciplinary acts. For Ohio State, the steps by relevant persons/entities to take to remove a judge from office for disciplinary reasons would be as follows; first, a complaint may be filed with the disciplinary counsel alleging of misconduct by the judge. The disciplinary counsel with the board investigates and files formal charges, of which if some board members about two-thirds believe there is enough and credible evidence in opposition to the complaints, then the Supreme Court elects a panel of five judges to decide if removal, retirement or temporary suspension is justified. In this case, the board verdict may be sued to the Supreme Court. The next step that Ohio State follows to remove their judges is by a coinciding decision of members of houses of the general assembly. Lastly, judges can get impeached following House of Representatives majority votes and found guilty by two-thirds of Senate votes.

Ohio has the best system in place in the selection process of judges because as much as the selection is in nonpartisan elections just like in Michigan state, in that people make a choice of the judge, they would want. For Ohio state political parties play the role of electing the judges as judicial aspirants face nomination in partisan primary elections where prospective candidates get on the ballot list alongside a label showing the political party alliance (Global Reach Internet Productions, 2019). Ohio State stands out from its judicial selection process because, despite the involvement of political parties, they are in an increasing rate hence are the groups of particular interest.

Conclusion

Every state has a way of how judges are selected either by appointment, merit, partisan elections or non-partisan elections. For this essay, it has given a discussion of the judicial selection process of Michigan explaining on qualifications and steps taken in the process of judges' selection for the different courts within Michigan. Besides, the paper also describes a second state Ohio of the qualifications needed towards the selection process of judges within the state. The discussion further expounds on similarities and differences there are from both states Michigan and Ohio on qualifications necessary for a potential candidate to become a judge. It extends to identifying steps the relevant entities or persons need to take to the removal of a judge from office following disciplinary reasons for each state. Ultimately, the essay gives a justification of the selection process of the state with the best system of the judicial selection process which is Ohio State.

References

Bureau of International Information Programs, U.S. Dept. of State. (2004). Outline of the U.S. legal system (pp. 1-228). [Washington, D.C.]. Retrieved from http://ufdc.ufl.edu/AA00011695/00001

Global Reach Internet Productions, I. (2019). Judicial Selection in the States - Judicial Selection in the States - Michigan. Retrieved from http://www.judicialselection.us/judicial_selection/index.cfm?state=MI

Global Reach Internet Productions, I. (2019). Judicial Selection in the States - Judicial Selection in the States - Ohio. Retrieved from http://www.judicialselection.us/judicial_selection/index.cfm?state=OH