American Judiciary State court systems

State court factors

handles most criminal cases, speeding, jury duty, state trial court.

Handles matter of fact (not appellable)

Matter of fact vs matter of law

State courts handle matter of facts which are disputed by a jury, while appellate courts handle matters of law

Federal courts

divided into federal court circuits

easier to rotate

move cases around circuits to remove bias

start at federal trial court, to fed appellate court, to US supreme court

involves federal laws like drug trafficking and interstate commerce.

Electing judges is considered

a widespread feature of state court systems in the united states.

90 percent of judges face

some type of election whether that is partisan, non partisan, or a retention election. (differs from system where judges are appointed for life)

Elections influence peoples behavior (judges)

since they must campaign.

re-election pressure can lead to harsher sentences, greater responsiveness to the public/donor options as well.

Fundraising from lawyers and interest groups can

create an appearance of bias and conflicts of interest.

While judicial elections promote accountability…

they also can undermine judicial independence, fairness, and public trust.

Most states use some form of electioning including

partisan, non partisan, and retention

Partisan elections

(candidates run with party labels)

Non-partisan elections

candidates run with no party labels on the ballot

Retention elections

judges are appointed/initially elected, then stand for yes or no retention votes.

six states utilize

partisan elections

13 states utilize

non partisan elections

17 states utilize

retention elections

14 states utilize

Gubernatorial/legislative appointment

NY state court system

includes both city courts (civil/criminal) and state courts (supreme, family, surrogate) operating across the 5 boroughs.

Some low level courts are ran by judges with minimal legal training (beyond short mandatory training)

In parts of the state, proceeding may occur in modest settings (basements) and a judge might also serve as a clerk, bailiff, or court reporter.

By contrast, in NYC the system is more professional. courts maintain higher standards, clearer rule separation, and more formal proceedings.

The general state court system is complex with many exceptions/overlaps making it difficult to describe succinctly.

Colonial judiciaries background

colonial america with british influence

localized unprofessional

set up for agrarian 18th century issues

county level appeals taken to the governor directly

administrative functions in place

State judiciaries background

independence

distrust of lawyers

distrust of british institutions

government power reduce

The general state court system is complex with many exceptions/overlaps making it difficult to describe succinctly.

Issues from state judiciaries background

debtors vs creditors

legislatures vs courts

ruiling laws unconstitutional

1800-1900s judiciary trends

courts were originally created for rural america now they face

-industrialization

-urbanization

-severe backlogs (cannot transfer cases)

-old trends dont change

-patronage system

-no coherent plan when adding courts

-mix of jurisdictional/geographical

Bias and corruption within courts

inconsistency in decisions resulting from patronage

jurisdictional courts

venue shopping among plaintiffs

court fees: justice of the peace calls for reform/organization

logical/efficient

fierce opposition from judges and lawyers

trial courts of limited jurisdiction

localized or specialized courts of law stakes 85% of courts in the US

justices of the peace, magistrate, courts, juvenile courts, domestic relations, etc.

Trial courts are usually limited to

minor cases

Civil cases fines

criminal cases: fines less than $1000 or jail less than 1 year

Civil cases

disputes less than $10,000

no courts of records

Perspective of NY limited jurisdiction

NY state local courts

elected office (4 year terms)

locally funded (they are chronically underfunded)

unprofessional (6 days of training)

75 percent of judges aren't lawyers

inability to grasp legal concepts

set bail, misdemeanor trials, preliminary hearings

limited jurisdiction

Exists when a court's authority to hear cases is restricted to certain types of claims, such as tax claims or bankruptcy petitions.

Trial courts of general jurisdiction factors

-equivalent of federal district courts

-only appellate function

-hear cases from trial courts of limited jurisdiction

-trial de novo

-much more professional

-law degrees required

-actual courthouse courts of record

Intermediate appellate courts

basic equivalent to the federal appellate courts (circuit courts)

Hear appeals from courts of record

Similar to circuit courts (usually the last stop)

Intermediate appellate courts continued

frequently state wide duties

texas and california have regional appellate courts

Jurisdiction is mandatory based on your right to appeal.

Courts of last resort

similar to the USSC

can determine their dockets

issue written decisions

criminal and civil constitutional frequently hear

state law issues

and capital crimes

Oklahoma and Texas have

two seperate supreme courts

Who could choose state judges?

most states use some form of election

There are different types of judicial elections

Judicial state basic elections

most states use some form of election

there are three types of judicial elections (partisan, non partisan, and retention election)

Spending influence

2021-2022 election cycle

supreme court races saw $100.8 mill

outside interest groups 45.3% on spending

some recent judicial elections have become extremely high stakes