The State Judicial Selection Process

Introduction

State judicial selection process is a significant undertaking as the jury is an essential part of the structure of states in terms of the importance of their functions. They ensure the dispensation and preservation rule of law to the citizens of America. Judges are an integral part of this structure as they help the states fulfill their obligations as stipulated by the law. They help to achieve a rightful law interpretation. Since the fundamental component of any state is judiciary, the selection process of judges remains an essential element in any of these states. The rulings made by these judges have an impact on each citizen of the country. Hence, the ideas and thoughts of the citizens have to be subjected to consideration. These are the things which make the citizens participate in the election of judges into office. It is not only citizens who have the final say as different states have different qualifications and criteria they follow in the process of election and appointment of their judges to the local courts. The current paper analyzes the judicial selection process in the states of Georgia and Colorado.

Selection of State Judges of Georgia

They employ the use of nonpartisan elections for choosing their judges. It is always carried out by the appellate interim vacancies. Glick and Emmert (1986) explain that the courts jurisdictions always use different methods so that in some of them, the mixture of both nonpartisan and partisan elections is applicable. The term of judges always starts in January (Glick & Emmert, 1986).

Supreme Court

The supreme court of Georgia has 7-justices. Each of these justices is chosen through the traditional voting during an election conducted using an objective method. Their term lasts for 6 years after which they must present themselves to the voters in case they want to retain their seats (Glick & Emmert, 1986). Even though the Chief Justice always serves as an end of 4-years term he/she is appointed via the selection by peers vote, unlike other judges. As for the qualifications to work in this court, a judge must be a Georgia’s resident and have been practicing law for a period not less than 7 years.

Behrens and Silverman (2001) state that the occurrence of vacancies in this court is always sorted by the Assisted Appointment that files them. The qualified nominee based on the list generated by the judicial nominating commission then becomes government appointee for the position. The appointed becomes the interim and must always contest in the forthcoming election taking place for 6 months after such an appointment takes place (Behrens & Silverman, 2001). In this case, their appointment is confirmed by the voters and they have a chance to finish the term of their predecessor thoroughly.

Court of Appeal

It consists of 12 judges. Each judge works for 6 years and the selection is carried out via nonpartisan election by the people. All other selections are shared with the Supreme Court of Georgia except the fact that the Chief Justice stays in office for 2-years and 4-years term (Behrens & Silverman, 2001). Regarding the qualification for becoming a judge of this court, he/she must have been a state resident for no less than three years. Also, he/she should be a resident of the area or circuit he/she represents. He/she must have been practicing law for more than 7 years and be 30 years of age and older.

Limited Jurisdiction Courts

These counts include the juvenile courts, state courts, probation courts and magistrate courts in the limited jurisdiction of Georgia’s courts (Glick & Emmert, 1986). They all presuppose different selection processes.

Probation Courts

As for the judges in the probation courts of Georgia, they are elected for the term of 4 years. The election is carried out with the use of one-sided contest. The qualification for working as a magistrate here includes being a citizen of United States and being a resident of the county for a minimum of 2 years. A registered voter must also be 25 years of age or older. Also, he/she must have a diploma certificate of high school and should complete the initial part of the course (Behrens & Silverman, 2001). Also, some judges are required to have been practicing law for no less than 7 years and be 30 years old especially for judges working in counties with the population of more than ninety-six thousand people.

Juvenile Courts

The judges are appointed by circuit’s superior court judges to work for a 4-years term. The Floyd County is an exception where elections take place. The qualification for a magistrate to cooperate in Georgia’s juvenile courts includes a minimum of 3 years being a state resident and also a resident of the county (Glick & Emmert, 1986). They must have had admission to practicing law for at least 5 years and being 30 years of age and above.

Magistrate Courts

The judge in the magistrate court is either appointed or selected to work for varying periods. Those elected in these courts are given a chance to be chosen by the partisan platform (Behrens & Silverman, 2001). The qualification required for judges here includes being a resident of the county for a minimum of one year and being at least 25 years of age. Also, they should have a diploma certificate of high school.

State Courts

The state court judge works for 4 years and undergoes the election process. The elections are grounded on the nonpartisan basis. The qualification required for a person to be a judge includes being a resident of the state for a minimum of 3 year and being a resident of the county (Glick & Emmert, 1986). Also, they must have been practicing law for a minimum of 7 years and be no less than 25 years old.

Judicial Selection in the State of Colorado

The choice of the court’s judge in Colorado mainly relies on the assisted appointment method just like in the other states. The only court of Colorado which does not follow the Missouri plan consists mostly of courts known as Water courts. The judges in these courts are a designation of supreme courts and some of them are municipal courts, employing judges who have been selected by the municipal governing body. The remaining judges begin their work in January, the second Tuesday of the month after the elections (Glick & Emmert, 1986).

Supreme Court

Supreme Court consists of justice appointees of the governor. The governor uses the nominating commission list while making the appointments. The primary term lasts for a period of 2 years. After that, the judges are subjected to retention of those seats by standing in a no-yes election. The subsequent duration of term will now take a period of 10 years. Chief Justice serves indefinitely in the afore-mentioned capacity after being selected by peer votes (Glick & Emmert, 1986). The qualifications required for a judge to work in these courts includes; being a state’s qualified elector, practicing law for a minimum of 5 years in the states having a license. He/she must be below the age of 72 years as the retirement is mandatory at the age of 72.

In the incidence of an opening in the supreme courts of Colorado, such as a midterm, the filling of such vacancies takes place in a normal way among the ones who have completed a working period of justice (Glick & Emmert, 1986). The judicial nominating commission always makes a recommendation to the Governor by giving him/her three names of qualified individuals.

Court of Appeals

The Colorado Court of Appeals consists of 22 judges. All of them go through the same selections as those of Supreme Court even though they are appointed for the term of 8 years, not 10. There is also the chief judge of the Court, an appointee of Supreme Court’s chief justice serving indefinitely.

District Court

It consists of a hundred and sixty-four judges all of whom undergo the same selection as those of Supreme Court even though they are appointed for a term of six years and not ten years. The policies concerning the emergence of vacancies, the interim and the retention are also similar. It also has the chief judge of the Court, an appointee of Supreme Court’s chief justice serving indefinitely (Shuman & Champagne, 1997). The qualifications for a person to work in these courts include being district’s qualified elector, possessing the license for practicing law for a minimum of 5 years and being under 72 years of age.

Limited Jurisdiction Courts

Colorado’s limited jurisdiction courts include the following; municipal courts, water courts, and county courts although they have different requirements for the selection of judges.

County Courts

Apart from the Denver judges who are appointees of Mayor, all other judges are just appointees of the governor assisted by the Commission. The judges are first appointed for a period of two years after which they are subjected to elections to run and retain their work for a 4-year period. The qualification required for a judge to work in this court includes; being a qualified elector, a county resident and having a license to practice law in the states. The other small counties require only graduation from high school. The judge will be required to be well conversant with county courts responsibilities after going through the in-states to study.

Municipal Courts

The judges in the municipal courts are appointees of the municipality’s governing body for a period of two years. Some of the qualifications require having a graduate certificate from high school, and the experience level. The administrative organ of the municipality might ensure that a judge is a qualified elector of the county or city.

Water Courts

The judges in the water courts are appointees of state Supreme Court for a one-year period. These judges are appointees of the justices of the district courts. The qualification for the judges to serve in these courts includes being a qualified district elector and practicing law for a minimum of 5 years with a license. It also requires an age below 72 years as the retirement age is 72.

Comparing and Contrasting for both States the Qualifications for Prospective Candidates to Become a Judge

To be a judge of the George’s Supreme Court, one must practice law for a minimum of 7 years while in the state of Colorado; one must practice law for no less than 5 years within the states.

To be a judge of the Georgia Court of Appeal a person must practice law for more than 7 years and be 30 years of age or older. In Colorado’s Court of Appeal, one must be practicing law for a minimum of 5 years within the states having a license and also be below the age of 72 years (Shuman & Champagne, 1997).

Steps Relevant Person/Entities Can Take to Remove a Judge from Office for Disciplinary Reasons

The State of Georgia

A person may remove the Georgia’s judge in one of the following ways if it is the basis for disciplinary issues. An individual may take the matter to the judicial qualifications commission that will take actions such as disciplining the judge, removing or even making the judge retire altogether. The decisions of making the judge retire and removing the judge have to be reviewed by the Georgia’s Supreme Court (Shuman & Champagne, 1997). Another way is an entity taking the issue to the House of Representatives. Here the judge can undergo impeachment if a member takes actions on the floor of the house. The judge will then get convicted by the senate’s 2/3 vote.

The State of Colorado

A person may remove the Colorado’s judge in one of the following ways if he/she is found guilty of a disciplinary issue. Shuman and Champagne (1997) go ahead to explain how an individual can take the matter to the judicial discipline commission and upon the recommendation of the committee take it further to the Colorado’s Supreme Court; the court has the power to suspend, discipline, retire, censure, remove or reprimand a judge. Also, the judge may undergo impeachment by the majority vote of the House of Representatives and subsequently get convicted by senate’s 2/3 vote. However, in Colorado, the judges are always allowed for a recall election since they are subject to it.

The State that Has the Best System in Place

Considering both types of selections in these states, Colorado offers the justest chances to judges since they offer such options as being suspended, censured and reprimanded which state of Georgia does not provide. Colorado has the judicial discipline commission and their work consists in only investigating the allegations and giving a recommendation to the Supreme Court. This process does not give room for biases and allows the judge to face a fair trial (Shuman & Champagne, 1997). Unlike Georgia where the judicial qualification commission has the powers to disciple the judges, in Colorado the issue is reviewed by the Supreme Court when they want to remove a judge or make him/her retire.

Conclusion

The discussions above stipulate how different states have different ways in which they hire their judges, and the structures of their courts are also not the same apart from Supreme Court and appeal. The processes of relieving a judge from his/her duties also differ amongst the states as discussed above. If to compare the states regarding which amongst the two offers a just system on disciplining of judges, the state of Colorado is the most just of the two. It shows how divergent these states’ judiciary can be.