Judges Notes

Judicial Appointments and Elections

  • Judges with lifetime appointments may regain judgment due to the security of their position, allowing them to make decisions based on the Constitution.

  • The oldest Supreme Court Justice is Clarence Thomas, appointed in 1991 or 1992.

  • Judicial selection involves financial ramifications, with big donors influencing the system, especially in Texas.

  • Judges are appointed to fill open positions and then elected/reelected. Supreme and appellate court judges are listed on ballots.

  • Judicial positions now tend to be party-affiliated, lacking lifetime appointments, making them subject to political action committees and financial donors.

  • A family law judge in Tarrant County lost his position due to decisions on grandparent and homeschooling rights that angered a political action committee, despite 25 years of experience.

  • Different methods of judicial selection exist, each with pros and cons.

Judicial Attributes and Evaluations

  • Organizations like the American Bar Association and the Texas Bar Association conduct surveys on judges.

  • State judicial ratings include good/bad judges or approval ratings, while federal ratings assess competency (highly competent, competent, not competent).

  • Attorneys can participate in polls to evaluate judges' performance and adequacy.

  • Aspirational attributes for potential judges include age, health, impartiality, integrity, and judicial temperament.

  • Judicial temperament refers to whether a judge is nice or harsh.

  • Other subskills include industry (hard work), professional skills, community contacts, and social awareness.

  • The importance of social awareness is questioned, as judges should primarily make decisions based on the law.

  • Judges, like congresspeople, have residency requirements, such as living in the county for district judges for a certain number of years (possibly two).

  • Additional attributes: collegiality (related to temperament), writing ability, decisiveness, and speaking ability.

  • Federal judges often have staff to assist with writing.

Judicial Selection Methods and Financing

  • In Texas, judicial positions are elected; at the federal level, they're political appointments.

  • Public financing for judicial elections has been proposed to address the influence of money, but it's unlikely to happen given budget constraints.

  • Judges who can spend more tend to blanket the airwaves with their views.

  • Different judicial selection methods exist philosophically.

  • Some states appoint former legislators to judicial positions, which is criticized due to their lack of judicial experience.

  • Judge Brandeis (Supreme Court Justice, Harvard 1875) said, "sunshine is the best disinfectant," referring to the importance of scrutinizing judicial records.

  • Apathy towards judges is decreasing as people see the impact judges can have.

  • When a judge leaves office midterm, an interim judge may be appointed, but it's challenging to unseat them due to a lack of knowledge among voters.

  • Judges generally dislike the political aspects of running for office.

Diversity and Vacancies in the Judiciary

  • Diversity in the judiciary increased under Presidents Clinton and Obama.

  • Filling judicial positions is tough, with many open federal positions (677 federal judges, with 50-60 or more vacancies).

Levels and Training of Judges

  • Besides federal district, appellate, and Supreme Court judges, there are magistrate judges who handle minor offenses, issue search warrants, and review bail.

  • Magistrate judges are not Article III judges and have appointments of four or eight years.

  • There is no established nationwide judicial training, though Texas has some training to add uniformity.

  • Historically, a law degree wasn't always required, especially in JP courts, but it's now generally expected.

Oversight and Misconduct

  • The State Commission on Judicial Conduct provides an avenue for complaints in Texas, leading to admonishment, suspension, reprimand, removal, or forced retirement.

  • At the federal level, judicial misconduct is addressed through impeachment.

  • Sentencing uniformity has shifted, giving judges more discretion.

  • There was a case involving a judge accepting bribes from a builder of juvenile detention centers.

Respect and Ethics within the Judiciary

  • Most judges respect the judiciary and conduct themselves ethically, viewing their position as a privilege.

  • However, biases can exist in court; planning around such biases is sometimes necessary.

  • Errors during a trial can be harmless, harmful, or reversible.

  • Not all errors are detected, not all guilty verdicts are appealed, and not all appeals are heard, leading to potential injustices.

  • Skills of a 20th-century judge include using technology and managing dockets efficiently.

Factors in Sentencing

  • Legal factors in sentencing include prior record, seriousness of the offense, and age, which may influence the type of sentence (e.g., probation vs. longer imprisonment).

  • Acceptance of responsibility is also a factor; a defendant's lack of remorse can increase the sentence.

  • Extra-legal factors, such as race, ethnicity, gender, socioeconomic status, and attitude, can also influence sentencing.

  • Few judges are removed from office despite misconduct complaints (e.g., only 48 federal judges removed out of 12,000 complaints in a 10-year period).

  • Recall elections are rare but possible, as seen with the San Francisco District Attorney.

  • The integrity of the selection process is crucial for maintaining an ethical judiciary.

Bribery and Judicial Misconduct

  • Supreme Court rulings may have created loopholes for bribery through the concept of gratuity.

  • Judicial misconduct seems to be more lax.

Rhetorical Question

  • Should state and federal level be spending so much money on extremely intricate appeal cases that revolve around illegal activity? Is it worth it?