In the state of Louisiana judges are elected through partisan elections to come to be in their role, which means that the aspiring judge’s political party affiliation will be displayed on the ballot. [1] Article V section 22 to section 24 of the Louisiana Constitution explains the election process and requirements that judges must go through and have before becoming judges. [2] Generally and depending on the type of court the formal requirements to become a judge in the state of Louisiana according to the constitution are very simple because it only requires aspiring judges to have practiced law in the state for an amount of time, it also requires the aspiring judge to live for at least an amount of time before the elections in the district, …show more content…
The Louisiana Supreme court is composed by seven justices and each term is for ten years but the justices are allowed to run for re-election if they want to. [3] For the purposes of Supreme Court election in Louisiana the state is divided into seven districts, and one justice should come from each district so that the bench of the Louisiana Supreme Court can effectively represent the people of all parts of the state of Louisiana. [3] The qualifications for Supreme Court Justices requires them to have practice law in Louisiana for at least ten years, they need to be under 70 years old before they are elected, and they must have been a resident for at least one year in the district that they represent prior to the elections. [3] The qualifications for the judges in the Court of Appeals are the same as in the Louisiana Supreme Court, but the qualifications for district judges are less strict than the ones mentioned in the latter, however the main difference is that district judge qualifications only requires aspiring judges to have practiced law for only eight years and they only serve six years terms. [3] The same qualifications for district judges also applies to family court judges, juvenile court judges, justice of the peace judges, parish court judges, and city court judges.
A direct consequence of partisan elections is extremely referred to the limited variation in the share of the vote delivered by judicial candidates. Thus, the majority of Texas judges are elected in accordance with their legal qualifications and not with their own campaign
Judgment Days: Lyndon Baines Johnson, Martin Luther King Jr., and the Laws That Changed America.
In conclusion, partisan elections are hindering the election process for judges. The cost of partisan elections is more money than nonpartisan elections. partisan elections are more likely to lead to straight ticket voting, which can cause mindless voting or flawed voting. Partisan elections lead to more campaign contributions and can cause constituencies to interfere. Finally, partisan elections do not equally represent the population. Therefore, partisan elections are inferring and hinder the Texas judge positions more than nonpartisan
Life tenure creates at least three problems. First, it allows bad judges to stay on the bench for an indefinite period of time. Second, life tenure allows all judges, including those judges who were very good at what they did, to stay on the bench even after they are long past doing their best work. Third and finally, life tenure allows justices to “rig the system”, as their productivity and effectiveness drastically decrease, while they wait for a president to nominate their successor who has similar viewpoints to theirs (Lazarus
The Supreme Court is the highest judicial body in the United States. Since its creation in 1789, 112 justices have served on the Court. Of these 112 justices, four of them are women. President Ronald Reagan appointed the first female justice, Sandra Day O’Connor, in 1981; she served for 25 years. Sandra Day O’Connor changed the face of women in politics.
Supreme Court and Court of Appeals judges are elected in nonpartisan statewide elections. Mid-term vacancices are filled by appointment. State law requires that nominees are state residents and have practiced law for a minimum of seven years.
Whether a judge should be elected or appointed has been a topic for discussion since the creation of a judicial system. Depending on what side of the decision one may be on, there are some challenges that arise from each side. If a judge is elected, will he be judicious in his decision based on the law or based on his constituents? If the judge is appointed, will he be subject to the authority that appointed him, thereby slanting his decision to keep favor of the executive or legislator that appointed him? Mandatory retirement is also a question that brings about challenges. How old is too old? When does a judge become ineffective based on their age?
How are federal courts of general jurisdiction different from state courts of general jurisdiction? State courts deal with every day cases dealing with state laws and regulations. They can vary from criminal procedures in civil or family cases, to lower offenses, such as parking tickets. They tend to be specific to the laws of each state, as the state is allowed to form their own set of laws to keep their residents “free and treat them equally”. Federal courts on the other hand, hear criminal that violate the US Constitution and/or cases that cross state lines , along with civil cases or bankruptcy cases. Both courts have appellate courts and interprets the laws (either state or federal laws). Federal court is more selective on the cases it
Since 1541, Louisiana has been ruled under ten different flags, starting with Hernando de Soto’s flag, a man who claimed the region for Spain (“About Louisiana”). For six weeks after the Civil War had first started, Louisiana had become an independent commonwealth before finally joining the Confederacy. The Louisiana Purchase was negotiated by President Thomas Jefferson, in 1803, in order to get a part of Louisiana in American hands, which was considered essential (“About Louisiana”). Louisiana was a center for trading and finances during most of its early history and it was one of the most prosperous regions in America due to the act that its land was very abundant. On April 30, 1812, after being admitted into the union, Louisiana became the eighteenth state of the United States (“About Louisiana”). Later on, after sulphur and oil were unearthed in 1869 and 1901, Louisiana became a part of the major industry of America that produces oil and natural gas which is what Louisiana is still a part of to this day. Many people assume that the capital of Louisiana is New Orleans because it is the most populated and one of the most popular cities, but the capital is actually Baton Rouge. Louisiana also has a motto that states “Union, Justice, Confidence.” (“About Louisiana”).
Presently the supreme court has nine members, which include one Chief Justice and eight associate Justices. The Chief Justice Appoints each associate Justice to oversee one or more various circuits. Every year the Supreme Court has a term in which it revues selected cases. This term starts on the first Monday of October and ends either in the end of June or the beginning of July. During this term the Justices review one-hundred out of 6,000 or so cases with no clear guidelines on which ones they must look at.
The purchase of Louisiana was the greatest accomplishment during the presidency of Thomas Jefferson in 1803. The purchasing of the Louisiana Territory was the greatest presidential act important because US acquired New Orleans and the Mississippi River, it led to the Lewis and Clark expedition, and began the western expansion movement.
Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.
The Florida court system is composed of four different court structures. First, there is the Supreme Court, which is the highest court system in Florida and according to Florida Courts website, “Decisions stemming from Florida’s highest court have helped shape, certainly, the state itself, but the nation as a whole.” (FL Courts, n.d.) The Supreme Court is comprised of seven Justices and at least five of those Justices must contribute in every case and four must agree so a resolution can be reached. Secondly, there is the District Courts of Appeal which provides the chance for a thoughtful review of decisions of lower hearings by a multi-judge panel. “District Courts of Appeal correct harmful errors and ensure that decisions are consistent with
The grounds of judicial review help judges uphold constitutional principles by, ensuring discretionary power of public bodies correspond with inter alia the rule of law. I will discuss the grounds of illegality, irrationality and proportionality in relation to examining what case law reveals about the purpose and effect these grounds.
Firstly in this report, I will be giving the different definitions of rule of law by different philosophers; secondly, I will be applying the rule of law to the English Legal system and thirdly I will be explaining separation of powers with a focus on the impartial judiciary. Finally, I will be using cases to support every detailed point given.