RE: OT: Judicial election/appointment (was Re: Is Linux Unix?)
I'm an Oklahoma lawyer. In Oklahoma, state district court judges are
elected in non-partisan elections. They then appoint special judges who
handle things like small claims and criminal preliminary hearings. Judges
for the Civil Court of Appeals, the Court of Criminal Appeals and the
Oklahoma Supreme Court are appointed by the Governor and confirmed by the
Senate. The Governor must appoint from a list of 3 candidates provided by a
judicial nominating commission made up of members appointed in equal number
by the Governor, the Senate Pro Tempore and the Speaker of the House. All
of the appointed judges serve staggered terms and in every election a
significant number of them appear on what's called a retention ballot. That
ballot says something like "Shall Judge Joe Smith serve another term as a
Justice of the Oklahoma Supreme Court." The choices are yes or no.
In the federal context, there are federal district courts, the Circuit
Courts of Appeal and the Supreme Court. At the district court level there
are probably more than a thousand district judges and magistrate judges.
There are lots of vacancies, because the appointment process can never keep
up. All appointments made by the President must be confirmed by the Senate.
That technically requires only a majority vote, however, some of Bush's more
controversial nominees have been held up by filibuster, which takes 60 votes
to break. Bush has still had well over a hundred judges confirmed. He has
only had a few Circuit appointments so far and no Supreme Court
appointments. So, at this point, Bush's overall effect on the federal
judiciary has been minimal. Another Bush term, however, could see as many
as two Supreme Court vacancies. Filling those vacancies could radically
alter the fundamental balance of power on the Court which could have
powerful ramifications throughout the country.
> -----Original Message-----
> From: Bob Underwood [mailto:mgkrebs1@cox.net]
> Sent: Friday, July 30, 2004 6:11 PM
> To: debian-user@lists.debian.org
> Subject: Re: OT: Judicial election/appointment (was Re: Is
> Linux Unix?)
>
>
> On Sunday 25 July 2004 11:16 pm, Karsten M. Self wrote:
> > Varies by jurisdiction.
> >
> > Superior (county) judges are frequently elected.
> >
> > State/Federal judges are appointed by governors and presidents,
> > respectively. I don't believe any state has an elected judiciary,
> > although California has recalled Supreme Court justices through
> > plebiscite.
>
> Judges in Kentucky, where I used to live, are, in fact,
> elected by the voting
> population. This includes district judges (misdemeanors/ juveniles/
> preliminary hearings) circuit judges (felonies), judges of
> the Court of
> Appeal and State Supreme Court.
>
> My memory of California is that the governor appoints all
> judges, who must
> then stand for non-partisan election in the next general
> election of the
> state.
>
> Bob
>
Reply to: