Introduction

This paper will discuss the laws for the selection process of the judges. In the paper the current laws used for the selection of most judges in Texas would be discussed. The paper would also discuss two other judicial processes used in the U.S for judicial selection process. The paper would also provide the criteria for selecting the best judicial selection method, the entities benefitting from the position. This paper also provides with two suggestions for the better engagement of the political process in Texas in pursuit of the selection process of the judges.

Texas Law

There are various methods for judicial selection in various States of the United States Thomas Giegerich (2019). The most common methods used for the selection of the judges include the method of appointment, commission selection, partisan election and non-partisan election. Greg Goelzhauser (2018). In the State of Texas the selection of the judges is done by way of Partisan Election. In the partisan election method the judges are selected by the election process by the people. Mark P. Jones (2017). The candidates for the judiciary are listed on the ballot with a label which designates the affiliation of the political parties. In this method the judges are subjected to the process of election.

Other Judicial selection processes in the United States

In the United States the methods for the selection of the judges are seen as substantially varying from state to state. Four different methods are used for the judicial selection process. These processes include the methods of appointment, commission selection, partisan election and non-partisan election. The two processes that would be discussed in the current paper would be the process of judicial selection by way of appointment and the commission selection. The method of appointment can be of various forms. It is often conceived by the observers is a ‘one person judicial selection’. In this system the power for taking the decision of the appointment of the judge is granted to a chief executive, which includes a governor, a mayor or a county executive. The judicial selection is done by way of commission selection method in two separate ways. The first way is the Missouri plan where the composition of the commission is made by the judges, lawyers and the lay people who have the responsibility to be preparing the list for the possible nominees for the election of the governor. From the list the appointee for the governor is selected who, after a year, runs for the office in retention election in which he does not has to face any opponent. It is voted by the individuals whether the judge is eligible for the retention in the office. If the majority favors for the retention of the judge then the judge would be required to be serving another specified term. In the California plan the veto power over the nominees for the Governor is vested upon the Commission on Judicial Appointments.

The most preferable judicial selection process

The most preferable method for the judicial selection process is the method of commission selection process. Michael J. Gerhardt and Richard W. Painter (2017) It can be observed that in this method of selection the power for the appointment of the governor is kept in check.  The second benefit to this plan is that a compromise is maintained between the goals for the selection of the judges by way of public and providing independence to the judges from the process of voting.

Parties benefitting from the position

The parties who are mostly benefitted by this selection process are the Governors and the members of the parties that the Governor is a member of. Herbert M. Kritzer (2016).

Suggestions for engaging in political process

As it can be observed that in Texas the partisan election is used for the selection process of the judges. The power for the selection is vested upon the individuals. There needs to be a reform for the system of the judicial selection that would benefit the engagement in the political involvement. Daniel Becker and Malia Reddick (2016). Recognizing the major issues and working to solve those problems is another step that can be taken.

Conclusion

This paper has discussed the laws for the selection process of the judges. In the paper the current laws used for the selection of most judges in Texas had been discussed. The paper has also discussed two other judicial processes used in the U.S for judicial selection process. The paper is seen also to be providing the criteria for selecting the best judicial selection method, the entities benefitting from the position. This paper also provides the readers with two suggestions for the better engagement of the political process in Texas in pursuit of the selection process of the judges.

References

Becker, Daniel, and Malia Reddick. “Judicial selection reform: Examples from six states.” (2016).

Gerhardt, Michael J., and Richard W. Painter. “Majority Rule and the Future of Judicial Selection.” Wis. L. Rev. (2017): 263.

Giegerich, Thomas. “Transparency in the Selection of Constitutional Court Judges: Contextualised Comparison between the USA, Germany and the European Courts in Luxembourg and Strasbourg.” In Open Justice, pp. 143-176. Nomos Verlagsgesellschaft mbH & Co. KG, 2019.

Goelzhauser, Greg. “Classifying Judicial Selection Institutions.” State Politics & Policy Quarterly 18, no. 2 (2018): 174-192.

Jones, Mark P. “The Selection of Judges in Texas: Analysis of the Current System and of the Principal Reform Options.” (2017).

Kritzer, Herbert M. “Impact of judicial elections on judicial decisions.” Annual Review of Law and Social Science 12 (2016): 353-371.