Elects Judges in Partisan Elections

Requirement

Social Responsibility Essay
Topic.
Texas is one of only a few states that elects judges in partisan elections. It has been suggested that perhaps this is not an appropriate way to choose judges, given the nature of their job. In a one to three page essay, discuss the problems that could occur when citizens elect judges in partisan elections,including campaign contributions, lack of minority representation on the bench, perceptions of fairness, and lack of knowledge on the part of the voters.Take into consideration that sources are not required in this essay,but if you use sources, they have to be properly cited.

PARTISAN ELECTION OF JUDGES 

In a few states in USA, there is a growing concern with regards to the election of the judges. One of the states that allows the methodology of election of the judges in this manner is Texas. The academicians as well as a variety of intellectuals in the United States have strongly given their views in favor of the Non-partisan election of the judges. They believe that to ensure the competency and fair judgment on the part of the judges, it is a crucial step that needs to be taken as soon as possible. It is also a job that has long been waiting on the part of the law-makers who clearly have an onus to come up with a constitutional amendment so that this law which is prevalent in these states should be put to the light of the day. According to the recent statistics, many of the state supreme courts in the states such as – Alabama, Texas, Ohio and Michigan – have now been dominated by the conservative judges that are favoring corporate defendants over individual plaintiffs ("Judicial Selection In Texas - Ballotpedia").        

Problems of electing with this method

The problems associated with such a practice in the US society are galore. So, some of them are explained one by one:

Campaign contributions

There is a well-documented fact that the rising graph of campaign contributions for the judicial elections in such a practice is rising even more exponentially. The judges who are running in the race as candidates have been successful in raising millions of dollars. Also, the states that have seen most number of campaign cash are the ones that hold partisan judicial elections. Therefore, the argument being presented here is that such elections lead more campaign contributions and increased partisanship among judges (Corriher).  

Lack of minority representation on the bench 

Texas, in particular, is the state that substantially lacks diversity in the judicial bench. It can be said that the constitution lacks power in the people. It can also be argued that the problems arising by the lack of representations of racial and ethnic minorities in the American Judiciary is because there aren’t enough. However, this is the responsibility as well as an opportunity on the part of the system to address this issue so that the proper representation of the minority in the judicial bench. 

Perceptions of fairness 

It is a reasonable conclusions on the part of people and the concerned authorities to look at this matter more objectively. The institution of judiciary is one of the highest institutions that has been made by our society. People look for judges and their competencies whenever they want to be given justice in case anything wrong happens to them. So, it is not only the judges whose reputation is at stake, but the overall judiciary that can be put to the test at any given day (Gryski, Zuk and Barrow). In other words, the fairness of the judgment is the only thing that can keep the courts and judges in a driving seat to steer the course of humanity towards right direction. So, in view of the matter of partisan elections, people always have a suspicious attitude towards this practice and therefore the reputation of the judges and the judiciary are needed to be redeemed

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Lack of knowledge on the part of voters 

Some of the scholars and law experts say that identifying the judges by the party can become a solid basis for the voters to have a proper view of the judges and hence, an informed decision as to how and whom to vote. While, others may argue that the partisan elections are the ones that leave less room for the advertisings funded by the independent groups in order to define the candidates. However, the problem also is with the voters who do not have knowledge about the credibility of the judges. Whenever, voters think of the judges, they also think about their political affiliations that makes them also think about the cases about controversial social issues which are the basic requirements of the society. But in the states where partisan elections take place, there are more judicial campaign cash and, so, the campaign donors are not concerned with the social issues (Walker, Spohn and DeLone). Therefore, there can be a number of ways with which states provide voters with relevant information without relying on any political parties. By contrast, the quality of judicial candidates has a substantial effect on their vote share and probability of winning in nonpartisan elections   

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References

  • "Judicial Selection In Texas - Ballotpedia". Ballotpedia.org. N.p., 2016. Web. 7 Apr. 2016.

  • Corriher, Billy. "Partisan Judicial Elections And The Distorting Influence Of Campaign Cash". name. N.p., 2016. Web. 7 Apr. 2016.

  • Gryski, Gerard S., Gary Zuk, and Deborah J. Barrow. "A Bench That Looks Like America? Representation Of African Americans And Latinos On The Federal Courts". The Journal of Politics 56.4 (1994): 1076-1086. Web.

  • Walker, Samuel, Cassia Spohn, and Miriam DeLone. The Color Of Justice. Belmont, CA: Wadsworth Publishing Co., 2012. Print.

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