Reference no: EM133328516

Discussion: There are two main methods of judicial selection: election and appointment. In the election method, judges are elected in regular elections. This method helps people choose the "judicial representatives" they want, increases diversity on the bench, and decreases appointments based on personal connections. There are three types of elections: a partisan election, a nonpartisan election, and a legislative election. In a partisan election, candidates are listed on the ballot with a label indicating their political party affiliation. In the nonpartisan election, on the other hand, the candidates are listed on the ballot without their party affiliation listed. In the legislative election, the state legislature chooses judges.

The appointment method also has two forms; Gubernatorial appointment and assisted appointment. In the first one, Judges are directly appointed by the governor. The legislative body's consent is necessary for specific circumstances. In the assisted appointment, also known as merit selection, the nominating commission evaluates the credentials of prospective judges. Then, they provide the governor with a list of nominees, who then choose a judge. After serving an initial term, the judge must be re-elected to the bench in a yes-or-no retention vote. This method still gives the voters a voice in determining their judicial officers.

Texas currently uses the partisan election. While there are many benefits to using this judicial selection method, some believe there are some disadvantages. They say voters cannot access sufficient information to understand candidates' qualifications in statewide elections or counties with large populations. Therefore, most judicial elections in these statewide and populated counties are decided based on political affiliation, the name of the candidate, and the amount of money the candidate has raised and spent on the campaign rather than experience and qualifications. There were some proposals back in 2020 to change to merit selection instead so more qualified candidates could get on the bench.

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Discussion 2 There are several methods in order to determine judicial selections. The first method is through an election process. There are 3 distinct types of elections used to determine a state judge: partisan election, nonpartisan election, and legislative election. In the case of a partisan election, each candidate is put on the ballot with their party affiliation visible to participants. A nonpartisan election displays each candidate but does not include each candidate's party affiliation. In a legislative election, the state judges are chosen by state legislatures. The second method through which a candidate can become a state judge is through an appointment process. There are 2 processes for appointments: gubernatorial and assisted appointments. In the gubernatorial appointment process, the governor can appoint a judge of their choosing, and the chosen judge must be confirmed by another body before being allowed to take office. In the assisted appointment process a nominating commission reviews candidates for office and makes a list of three to five names to be given to the governor for consideration. The governor then chooses a candidate from the list within the designated time period. The system currently used by texas is the partisan system. While this system is quite common in the state there have been rising concerns about the fault present when using this system. Many believe that by showing a party affiliation label that potential voters are likely to vote only on their political party affiliation rather than their qualifications. At the moment this system is in discussions to be revised as to eliminate potential voting issues such as this, but at the moment to change are in order.

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