State Judicial Selection Process, Research Paper Example

Becoming a lawyer is the dream of just about every single law student and undergraduate in the field of law, it can be argued that the hard work in order to get there is both time-consuming and tough; it can be said that it is for all intents and purposes. Now, becoming a judge is an even bigger deal but it is not as painstaking as most people are made to believe. There’s a specific judicial selection process that most people wouldn’t think existed when judges are being selected for specific states. Becoming a judge in Virginia has some rather not too steep qualifications as well as steps that are required to become a judge in the state of Virginia. For one, the judge to be a state resident. Most states require that the lawyer is a state resident of that particular state in which they are trying to become judge, a driver’s license helps clarify this; customarily. According to Reddick (2008), “Most lawyers who aspire to become judges or partake in training to be a judge, is mandatorily asked to be a state resident; bringing in people off the street from different states sends the wrong message” (Reddick 11, 2008). The next qualification is that the potential judge have to be a circuit resident or served on the circuit for at least two years before being given the okay to train to be a judge.

Another qualification that is required of the lawyer is that they have to be an active member of the state bar for no more than five years, this is mandatory. Finally, the potential judge must be under the age 70 in order to qualify; judges who turn 70 years of age are asked to step down and retire shortly after turning 70. Circuit court judges for Virginia are elected based on the amount of votes that are tallied up by the two houses of General Assembly, the judge of the circuit court is required to serve on the state bar for 5 years prior to being considered to become a circuit court judge. District Court judges have the same qualifications that the regular judge has, but the difference is that the potential judge have to also be a local resident as well as a state resident.

For those who have contemplated or even strived to become a judge for the State of Indiana, might find that the qualifications are a little bit stringent and unorthodox. However, it is hardly argued in the least that the qualifications and steps that a person has to go through to become a judge for the state of Indiana is absolutely necessary in order to attain the endgame status of judge that they want. The judicial selection process for the state of Indiana doesn’t just go for lawyers that strive to become a Supreme Court judge but a judge of the Court of Appeals as well, the potential judge in training must be a U.S. citizen which means that the person has to have been born in the United States in order to even be considered. Secondly, they must be a state resident; self-explanatory.

It can be argued that anyone can become a state resident if they move to Indiana to live out the rest of their lives but overall, the potential judge has to be an Indiana state resident. According to O’Malley (2010), “attorneys are the frontrunners for selecting judges whether they are becoming residents of the state or are already residents, the attorneys know best” (O’Malley, 2010). The third step to being judicially selected to be a judge is that the potential judge to be must practice law within the state of Indiana for not less than 10 years, and they must have served at least 5 years as a trial court judge. Ironically, it used to be enough to just practice law to become a judge but now practicing law and applying it has become the ignition so to speak to becoming a Supreme Court justice.

Finally, the lawyer aspiring to become a judge must be under the age of eighty. Similar to Virginia, retirement at 70 and 80 respectively is mandatory. However, the similarity ends at Indiana judges who still would like to serve well past their retirement can do so by applying to become a senior judge which, when approved, will allow a retired judge to continue serving. It can be said that even though the retirement age for Indiana judges is 80, it doesn’t mean that they have to step down immediately; they can serve their state and enjoy doing what they have done without being forced to retire.

It can be argued that Indiana and Virginia’s judicial selection for a judge is both strict, but fair. But, there are and has been instances where a judge’s behavior have come under scrutiny by the bar association as well as the judge’s peers. A judicially selected judge can be removed from office for any number of reasons, and some of those reasons can be something as serious as dementia. A Virginia judge can be removed from office if there has been various grievances made against the judge for misconduct of power due to physical or mental disability, an example of this is if a judge was removed from office for lying to government officials i.e. the FBI or CIA. The review commission conducts a proper investigation into the complaints that were made against the judge, the commission as well as the judicial inquiry collect the proof they need to remove the judge from office.

The Supreme Court summons the judge and informs them of the complaint then the judge is removed from office, it is a known fact that a judge can be removed from office by a two-thirds vote of the senate in the House of Delegates. According to Gray (2002), “Judicial selected judges might be considered to be the highest authority in the land, but they are still human beings who are no less subject to their own laws than run of the mill everyday people; judges have a lot more to lose than just a license to drive” (Gray, 8, 2002). Indiana selected judges can be removed from office for the same disciplinary reasons that any Virginia judge is, but the difference is that the general assembly in the State of Indiana can also use the two-thirds votes of their power to get a judge removed from office. The judiciary inquiry, the commission of qualifications and the House of Representatives all need to come to a consensus about getting a judge removed from office. Interestingly enough, the fact that Indiana judges require reviews from all three of the aforementioned offices in order to be removed from office might suggest that the judges in Indiana are less likely to be summoned for disciplinary action. However, they are still prone to being summoned for wrongdoing like everyone else.

After fully analyzing and comparing the qualifications to become a judge in the states of both Indiana & Virginia, the latter has the better state selection process in which to become a judge; the state of Virginia is the easiest out of the two in which to become a state judge.

Case in point, becoming a judge in the state of Virginia requires that the lawyer be a state resident and serve as a member of the state bar for no more than five years; there is nothing that says that the lawyer has to do something extra in order to become a Supreme Court justice or a judge.

Obviously, the concept of the lawyer applying before the age of 70 is hardly an understatement; Indiana state judicial process says that the lawyer has to practice law in the state for at least a decade before they can even be considered; Virginia definitely has the better judicial selection process. According to Anastopoulous and Crooks III (2013), “there are many differences that divides issues of state and the requirements for becoming a judicial selected official, each state has its own requirements” (Anastopoulous and Crooks III, 177, 2013).

For lawyers who are looking to become judicial selected officials in the state of Indiana will have to do quite a lot of work for a long time in order to get their judge status, Virginia makes it easy for lawyers to become judges because their prerequisites are practically miniscule as compared to Indiana where the lawyer will have to at least practice law within the state for 10 before they can become a judge. One prerequisite out of many for Indiana, it can be argued that the hard work that a lawyer puts into becoming a lawyer for the state of Indiana is well worth the effort but Virginia, as I previously said, has the better deal for becoming a lawyer. Even though Indiana judges can attain senior judge status and can continue serving well past their retirement, Virginia judges are not without their perks as well. Overall, Virginia has the best system in place as far as the selection process because becoming a judge shouldn’t be painstakingly difficult but fulfilling the minimal requirements is absolutely necessary to become any Supreme Court judge.

References

Anastopoulous, C., & Crooks III, D. (2013). Race and Gender on the Bench: How Best to Achieve Diversity in Judicial Selection. Northwestern Journal of Law & Social Policy, 8(2), 177-177.

Gray, C. (2002). A Study of State Judicial Discipline Sanctions. A Study of State Judicial Discipline Sanctions, 8-8.

O’Malley, D. (2010, September 9). A Defense of the Elected Judiciary. Retrieved October 28, 2015, from http://www.heritage.org/research/reports/2010/09/a-defense-of-the-elected-judiciary

Reddick, M. (2008). A “How-to” Series to Help the Community, the Bench and the Bar Implement Change in the Justice System. American Bar Association Coalition for Justice, 11-11.