Case Study Answers of Judicial System of Constitutional Law:LEG100

LEG100 Business Law I

Subject Code :
LEG100
Country :
US
University :
Strayer University

Questions:

Write a five to eight (5-8) page paper in which you:

1. Discuss the judicial selection process of your state. Include, at a minimum, the qualifications and steps that are taken in order to select judges for the different kinds of courts within your specific state.

2. Choose a second state, and describe the qualifications and the selection process for judges within that state.

3. Compare and contrast for both states the qualifications necessary for a prospective candidate to become a judge. Next, identify the steps that the relevant persons / entities need to take in order to remove a judge from office for disciplinary reasons for each state.

4. Justify the selection process for the state that you believe has the best system in place. Justify the response.

5. Use at least three (3) quality academic resources. Note: Wikipedia and other websites do not avant as acaaemic resources.

Each state within the United States has its own unique judicial selection process within its own court system. Using the Internet or Strayer databases, research the judicial selection process for different court systems from different states within the U.S. Court System.

Answers:

Judicial selection process of Virginia

The judicial system of Virginia comprises three levels of courts namely, trial, appellate and limited jurisdiction courts. These levels forms 5 jurisdictionally district courts- Court of Appeals, Supreme Courts, general district courts, circuit courts, domestic and juvenile district courts (Dls.virginia.gov, 2018).

In Virginia, the judges are selected by the legislative election procedure. The procedure is same for the judges of Supreme Court, Court of Appeals and Circuit Court. The judicial selection process commences when there is a vacancy in judiciary or availability of new seat announced by the General Assembly. Under Article VI, section [7] of the Virginia Constitution, judges are elected by majority vote of the Virginia General Assembly.

Chief Justice or Judge of each court is selected by “peer vote”. The district court judges are selected through legislative election. The judges of the other Courts of Record must be selected by a majority vote of the members who are elected to each house of the General Assembly.

The Courts of Justice Committees of the House of Delegates and senate usually interview candidates who seek for re-election. Thereafter, the senate and the full house vote for such applicants. When the General Assembly is in session, the vacancies are filled through legislative election. While the legislature is not in session, the vacancies are filled through appointment conducted by the governor. The appointees shall then be elected during the next legislative session.

Qualifications of judges needed for every court in Virginia

In order to be appointed as the judge and the Chief Justice of Court of Appeals, Supreme Court or Circuit Court, it is necessary that the entity applying for such position must satisfy the following qualifications under section 7, Article VI of the Virginia Constitution:

1. the applicant must be a resident of that state;

2. to apply for circuit judge, the person must be a circuit resident;

3. the applicant must not be more than 70 years of age;

4. the applicant must be a bar member for at least five years;

In order to be appointed as a district judge for the district courts of Virginia, which includes judges of limited jurisdiction, the applicant must:

1. be a local and resident of the state;

2. a member of the state bar for at least 5 years;

3. be less than or of 70 years of age;

The House and Senate Committees for Courts of Justice shall determine the qualification of the candidates and the Delegates as well as the committee will vote separately. The majority votes in favor of the candidate will be elected as the judge of the vacant or new seat.

Judicial selection process of Delaware

The Delaware judiciary system consists of the Superior court, Supreme Court, Courts of Limited Jurisdiction and the Court of Chancery. The Supreme Court is the Appellate Court of the state, the Court of Chancery is the Trial Court of General Equity Jurisdiction, and the Superior Court includes the General Law Jurisdiction. Courts of Limited Jurisdiction comprise the Court Common Pleas, Family Court, Alderman’s Court and the Justice of the Peace Court.

The judges’ selection process in Delaware is based on the merit selection process. The Governor appoints the judges with the consent of the senate as per the Constitution of Delaware. The state court judges in Delaware are selected through the assisted appointment method or the Missouri Plan except for the selection of judges in the Alderman’s court. The governing body of the municipality of the Alderman’s court appoints the Judges of Alderman’s court (Global Reach Internet Productions, 2018).

The assisted appointment method includes a judicial nominating commission that scrutinizes the candidates followed by submission of three names before the Governor. The governor may reject to appoint the candidates from such list and instead request a supplemental list. However, the governor is required to submit at least one name from either the lists to the Senate. The selected candidates serve for 12 years and for reappointment, they must apply to the commission.

In order to appoint the Chief Justice for the Superior, Chancery and Supreme Court, the selection procedure is similar. In case of vacancies in any of these three courts, the seat shall be automatically filled at the expiry of the judge’s term. The judicial nominating commission suggests the qualified candidates to the governor and he selects one of them for approval of the senate who shall serve a 12-year period.

Qualifications of judges needed for every court in Delaware

In order to be appointed as a judge of the three courts, it is necessary that a judge must satisfy the following criteria:

1. the applicant must be a resident of the state,

2. the applicant must have a law degree if they are applying for a Court of Chanceryand Superior Court,

3. the applicant must be a member of a state bar, and

4. the applicant must have adequate legal knowledge.

In order to be eligible for judge of Court of Common Pleas, the candidate must:

1. be a local and resident of the state;

2.have practiced law within the state for 5 years, and

3.have an adequate legal degree.

Removal of judges in Virginia on disciplinary grounds

1. The judges in Virginia courts may be removed by two-thirds of the senate and by the House of representatives;

2.The judges may be dismissed due to his involvement in serious physical or mental disability or severe judicial misconduct that affects the duties and responsibilities as a judge;

In case of involvement of judges in serious misconduct, the commission shall determine the veracity of the charges by conducting hearings and from the evidences adduced. If the charges are proved, the judge shall be removed, censured or directed retirement (Global Reach Internet Productions, 2018).

Removal of judges in Delaware on disciplinary grounds

Delaware judges may be removed in the following two ways:

1. Majority of the House of representative may impeach the majority of the House of Representative and two-third of the Senate may convict the judge if the carges of misconduct is proved against him;

2.On the establishment of the charges, either the judges may be declared as retired or they may be censured or may be subjected to discipline by two third vote of the court.

Justification for identifying best judicial system

The judiciary selection process of the two states is distinct where in Virginia, the state legislators elect the judges and in Delaware, the judges are selected based on merit selection. However, the judicial selection process followed in Virginia is characterized with certain flaws. Firstly, it lacks transparency and participation of citizens (Virginia Courts In Brief, 2014). The citizens who are the consumers of court who are mostly affected by the selection judge, hence, they must have a say in the selection process.

Secondly, there is no term limit or mandatory retirement at the age of 70 unlike president and governor of the country. Thirdly, the selection process lacks uniformity as only few incumbent judges undergoes a Judicial Performance Evaluation (JPE), and it should be made a mandatory option otherwise it shall be considered as unlawful to appoint judges without undergoing a JPE.

The adoption of the merit selection process in judiciary promotes a fair and predictable legal system. It is impartial and the citizens, legislature as well as the governor no one will exercise greater control over the other instead the system will enable them to pit a check and balance against one another. Consequently, this will prevent undue influence on the judiciary branch, ensuring a fair and legal system.

References

Dls.virginia.gov. (2018). Division of Legislative Services: Judicial Selection. [online] Available at: http://dls.virginia.gov/judicial.html [Accessed 4 May 2018].

Global Reach Internet Productions, I. (2018). Judicial Selection in the States - Judicial Selection in the States - Delaware. Retrieved from http://judicialselection.us/judicial_selection/index.cfm?state=DE

Global Reach Internet Productions, I. (2018). Judicial Selection in the States - Methods of Judicial Selection. Retrieved from http://www.judicialselection.com/judicial_selection/methods/removal_of_judges.cfm?state

Virginia Courts In Brief. (2014). [Ebook]. Retrieved from http://www.courts.state.va.us/courts/cib.pdf

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