A political movement has begun in Maryland to change the way the state’s Court of Appeals (the highest appellate court) justices are chosen.
The current system for selecting Court of Appeals justices is a combination of appointment and merit selection. When there is a vacancy on the court, a judicial nominating commission is tasked with nominating candidates who are “legally and most fully professionally qualified” for judicial vacancies. The members of this commission are appointed by the governor and the state bar.
The nominating commission selects a list of candidates and forwards it to the governor, who then must nominate someone from that list. The nominee is then subject to a confirmation vote in the state senate.
Once appointed, the each justice holds office until the next general election occurring one year after the vacancy. The justice must then run for a continuance in office. The voters can either accept or reject the justice’s continuance in office. The justice must then run for a continuance in office every ten years thereafter.
Governor Hogan has appointed you to write a report making a recommendation as to the best method of judicial selection for Maryland’s Court of Appeals justices.
Governor Hogan is considering three separate proposals, and has asked you to recommend which you think is the best. Please write an 8-10 page paper recommending one of the three following selection methods, and why you think it is best:
1) Keep the current system.
2) Eliminate retention elections altogether. Justices will be appointed by the governor and confirmed by a simple majority of the state senate. They will then serve for life unless impeached.
3) Justices will be chosen entirely by election. Neither the Governor nor the legislature will play a role in their selection. Justices will be elected to eight year terms, and may be re-elected. There is no limit on the number of terms a justice may serve. If you choose this option, you should also specify whether the election should be partisan or non-partisan, and why.
In providing your recommendation, you should explain the advantages and disadvantages of each option, and clearly explain why the option you choose is the best.
Your paper should cite at least three course readings and at least five outside sources. The five required outside sources should be scholarly books or articles. We will have a library session later in the semester with some instruction on what types of sources are appropriate.
The paper should include citations to sources and a works cited page. Your citations and works cited should use APSA (American Political Science Association) format.
This material may consist of step-by-step explanations on how to solve a problem or examples of proper writing, including the use of citations, references, bibliographies, and formatting. This material is made available for the sole purpose of studying and learning - misuse is strictly forbidden.The judiciary is having a very important function within a democratic setup of society which preserves Rule of Law and a Judge is "the pillar of our entire Justice system ". The judges who are an integral part of the judiciary SHOULD interpret the law fairly and consistently and always remain free from undue political influences. For this reason we need competent and impartial judges, and the selection of judges form a very crucial part of our society. For the sustenance of Rule of law, both the judiciary and individual judges should be objective and impartial. Aristotle said more than two thousand years ago, "The rule of law is better than that of any individual."
In a Fact Sheet published by American Bar Association in 2002, statistics show that seventy-six percent (76%) of voters believe that campaign contributions made to judges have at least some influence on their decisions. Sixty-two percent (62%) of voters feel that “there are two systems of justice in the U.S.-one for the rich and powerful and one for everyone else.” This is a very alarming situation which needs to be changed through conscious policy decision making for the betterment of society.
Before getting into the topic, let us say who a Judge is. The definition of a judge is a person who has the authority to hear and decide court cases or a person who is assigned the job of making an assessment about something....