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Qualifications and selection process for judges - Essay Example

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However, most of the candidates are approved by political parties. The judicial candidates are invited to speak at different…
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Qualifications and selection process for judges
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Ohio In Ohio, all judges are appointed through non-partisan elections, in which the political affiliations of the candidates are not listed on the ballot. However, most of the candidates are approved by political parties. The judicial candidates are invited to speak at different organizations; there are also some candidate’s forums. Some Local Bar Councils also rate the qualifications of candidates. The different types of courts in Ohio include The Supreme Court, Court of Appeals, Court of Claims, Court of Common Pleas, General Division, Juvenile Division, Probate Division and Municipal and County Courts. Each court has its own function. A judge must have studied law and must not be aged above 70. Judge for Supreme Court, Court of Appeals, and Court of Common Pleas must have practiced law for at least a period of six years. Ohio judges can be removed in the following three ways:
If a two-thirds member of both Houses of General assembly passes a simultaneous resolution, the judges may be removed.
If two-third members of House of Representatives votes against the judge, he/she may be prosecuted, and if two-third members of Senate votes against the judge, he/she may be convicted.
A complaint against a judge can be conveyed to the Disciplinary Council or Board of Commissioners on Grievances and Discipline; both can authorize an investigation against the alleged judge. If there is considerable evidence against the judge and two-third members of the board support the complaint, the Supreme Court establishes a commission of five judges to decide the verdict (American Judicature Society). The alleged judge may be retired, removed or warranted.
South Carolina
South Carolina’s judiciary consists of the Supreme Court, the Court of Appeal, and the Circuit Court. There are numerous other trial courts with restricted authority such as Family Court, Administrative Law Court, Probate, Equity, and Municipal Courts. The members of these courts are elected by joint public vote of the General Assembly. Judicial Merit Selection Commission makes screens the candidates and makes sure that they meet all the conditions required to become a particular judge. All candidates for Supreme Court, Court of Appeals and Circuit Court must be U.S. citizens and should’ve lived in the State of South Carolina for at least five years. The candidate must be at least 32 years old and must not be older than 72 years. The candidate must have been a licensed attorney for at least 8 years prior to elections.
The Judges of South Carolina can be removed in the following three ways:
If a complaint is registered at Judicial Conduct Commission, an investigation against the alleged judge is started. Supreme Court then appoints a Disciplinary Council which evaluates the complaint and makes a thorough investigation. If the findings of Disciplinary Council substantiate the complaint, a hearing is carried out and suggestions are passed to Supreme Court. The alleged judge may be retired, removed, warranted or transferred to inactive status.
If two-third of the members of House of General Assemble votes against the judge, he/she may be removed by the governor.
If two-third members of House of Representatives votes against the judge, he/she may be prosecuted, and if two-third members of Senate votes against the judge, he/she may be convicted (Judicial Merit Selection).
Works Cited
American Judicature Society. (n.d.). State of Ohio. Retrieved August 04, 2011, from AJS: http://www.judicialselection.us/judicial_selection/methods/
Judicial Merit Selection. (n.d.). Retrieved August 04, 2011, from South Carolina Legislature: http://www.scstatehouse.gov/html-pages/judmerit.html Read More
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