In the present judicial system, state justices are either elected or appointed depending on the controlling statute that governs the state judiciary. In the assessment as to the effects of appointing or electing judges, several results have been drawn there from. However, despite the grueling issues, supporting the election of state judges is still the better option on various grounds. Notably, in the survey conducted as to the option in choosing state judges, most citizens have chosen to elect state judges that to appoint them (“Most Americans Want State Judges To Be Elected,” n. p. ) .
In supporting the election of state judges, there are several factors considered. Primarily, one of the controlling advantages of electing state judges is the assurance that judges would be accountable to the people who voted for them. Meanwhile, under the Constitution, the power resides in the people and it follows those justices in whatever level derives their power to the people (Barton, n. p. ). Likewise, by electing the magistrates, there will be no pressure from affiliate parties or appointing authorities.
Furthermore, through election, the independent of the justices in their decision making would be more effective and easily be practiced. Secondarily, through election of state judges, there would be healthy competition between candidates. Since the people are responsible in assessing every candidate, the qualifications would be widely scrutinized. This will also incite candidates to be competitive by improving their capabilities and knowledge in serving as magistrate.
As such, the selection of state judges would be based upon their qualification and not on relationship or favor which is prevalent is appointment. Consequently, the election of state judges would allow the public to review the principles and stand of the candidates in several issues. Through election, the people would have a chance of being informed of the personal beliefs of the candidates (Barton, n. p. ). In addition, there is an assurance that justices serving the judiciary will be those who have the capability, independence, and knowledge.
Through people’s choice, justices would effectively carry out their decisions that are based upon the clear language of the law. This will also reiterate that the power resides in the people and that the choice will also come from the people and not from several influential few people. Subsequently, the election of state judges would eliminate politics in the judiciary. Contrary, to what others assert election of state judges will not create politics within the judiciary. It is noteworthy that law and politics are inseparable (Kopecky, n. p. ).Though election would invite politics in judiciary, the justices are still controlled by the Constitution. Every decisions made by the justices are derived from Constitutional provisions, laws, and precedents. Every deviation from the law would expose the justices in public scrutiny and their decision will eventually be reviewed by the highest court of the land. Remarkably, in case of appointment, the decision of the justices would easily be manipulated by the appointing officer.
Furthermore, through the election, the service of the justices will only run for four to five years or a limited period of time. But in some kind of selection, the justices would serve for a longer period as long as they have not reached the retirement period. This way, justices who had been serving for a purpose of advancing elf- interest and party interest would easily be removed from office and those who had been performing in the best interest of the law and people would be retained. By virtue of the above stated, it is still the best option to support the election of state judges.
Barton, David. (January 2001). “Judges: Should they be Elected or Appointed? ” Wall builders. 2 April 2009 <http://www. wallbuilders. com/LIBissuesArticles. asp? id=107>. Kopecky, Frank J. “Should judges be elected or appointed? ” Illinois Periodicals Online. 2 April 2009 <http://www. lib. niu. edu/1977/ii771214. html>. “Most Americans Want State Judges To Be Elected. ” (20 October 2008). BNET Business Network. 02 April 2009 <http://findarticles. com/p/articles/mi_m0EIN/is_2008_Oct_20/ai_n30914624/? tag=content;col1>.