Carrico Ending 42 Years On High Court - Research Paper Example

Appointed judiciary members, unlike elected ones, are likely to be impartial. Effective judiciary systems are those that consist of appointed judges because they do not have to seek popularity among the masses, unlike the elected judges do. Mandatory retirement provisions ensure that the judiciary remains effective in delivering quality public service. They establish racial and gender equality among male and female, white and non-white judges. These provisions allow for continuity in the judiciary with the incorporation of fresh talent from young judges.

Carrico Ending 42 Years on High Court Ethical advantages and disadvantages of an appointed vs. an elected judiciary There is a current tag of forces in various American states as they consider switching from appointing their members of judiciary to electing them. One of these States is Tennessee, where the judicial bench has always been appointed since the 1970s, but the system is being flawed by conservative legislators whose opinion is that appointed judges are unaccountable to the electorate.

Accountability is thus one of the greatest advantages of an elected judiciary as opposed to an appointed one. . Besides, majority of the public is disinterested in judicial elections and would not give them the attention given to presidential elections, for example. This means that the current judges who would be most profound would be easily believed by the public leading to voting back incumbent judges regardless of their suitability for the positions. On the other hand, appointed judges are in a better position to do their work in a non-partisan manner, without their rulings being influenced by the opinions of their electorate.

Electing members of the judiciary thus has a disadvantage of influencing elected judges to rule in favor of popular opinion (Packer, 2007). Putting judges in a position to seek votes from the public also means that they have to seek funds to drive their campaigns. Those who grant them funds would often have vested interests in the judges perhaps to influence the outcome of certain cases, which creates a opportunity for corruption in the electoral system of the judiciary. Appointing judges for lengthy periods of time or for a lifetime has also been a successful way of running the judicial system as in the case of retiring Chief Justice Carrico, who has served at the high court for 42 years without compromising his standards of service.

When members of the judiciary are appointed for lengthy periods, they are not put in any compromising situation to woo the public and other supporters for anything. This ensures that they carry on their duties with diligence without compromising their duties and positions. This has been successful with Carrico and it can be with other judges as well, as long as periodic performance reviews are carried out to determine whether they remain on the bench or not. Ethical advantages of