Judicial Selection Process in the State of Maryland - Essay Example

Judicial selection process in Maryland and Virginia Judicial selection process in Maryland and Virginia Judicial selection process in the state of Maryland The judiciary has a very important role in any democratic nation globally. This role is to preserve the rule of law and ensure justice to all despite social status or class. In order to attain this, judges have the duty and challenge to interpret the law consistently, fairly and remain firm from political interference. Due to the primacy of have impartial and competent judges, the judicial selection process is very significant. The American Bar association averted this issue in 1937. At this time, the House of Delegates accepted the law or policy of merit selection of all judges in different courts. Concerning about the manner in which court judges are selected should not lie in the domain of bar associations and lawyers alone because all judicial decisions at all stages affect every citizen daily (O’Connor, 2004). In the state of Maryland just like any other state in the U.S, the process of selecting judge’s fall under five categories despite the fact that it varies within states. These categories include nonpartisan election, executive appointment, legislative appointment, partisan election and merit selection. It is important to note that in many States; more than one method of choosing court judges is utilized with distinct selection methods for judges at distinct court levels. The selection process of judges in Maryland largely takes place via political appointment and commission selection criteria or methods with approval and confirmation from Maryland Senate (American Judiciary Society, 2010). After working for a period of one year, the judges in all courts in Maryland must run in NO/YES retention elections to establish whether they would continue working as judges or not. Further, it is imperative to understand that two court in Maryland use different selection method. For instance, the circuit courts utilize the nonpartisan elections to hire judges while the Orphan’s courts utilize partisan elections in hiring its judges (American Judiciary Society, 2010). The nonpartisan election of judges is whereby the candidates for the posts are listed on the ballot papers without party affiliation. On the other hand, the partisan election is the process where candidates for the post are listed or drafted on the ballot paper along with a label showing their party affiliation. The supreme and district courts in Maryland apply the merit selection criteria in selecting their judges. The merit selection is a process whereby a commission is nominated and mandated to review the resumes of applicants for the judicial position. The merit selection commission comprises of lawyers and non-lawyers (from the executive branch of government). The commission interviews and questions the candidate’s ability to handle judicial matters in a fair and impartial manner. After the commission has interviewed the candidates, it sends the short listed candidates names between 3-5 to the governor. The governor on his part will have time to review the list, select the candidate, and nominate them. If the governor fail to nominate the candidate within the stipulated time, the merit selection commission takes back the list or in some instances, to the Chief Justice of the Supreme Court. Additionally, the legislature may need to accept the choice or decision of the governor (American Judiciary Society, 2010). Appellate Courts in Maryland The selection of the 13 justices of Maryland Appellate Courts is via the merit selection criteria each given a chance to serve ten years. The governor appoints the justices from the merit list submitted by the merit selection commission and is subject to the Maryland Senate approval or confirmation. However, after the judges have worked for a period of one year, they are required to run for a retention election in the following general election if they desire to continue working as judges. Circuit courts in Maryland The circuit courts in Maryland select their judges via non-partisan election. However, judges of these courts do not require approval or confirmation from the Maryland Senate. District courts in Maryland The judges of district courts in Maryland are selected using the merit selection criteria just like the appellate judges. They are nominated and appointed by the governor from a list of names presented by nominating commission. Additionally, they must get confirmation or approval from Maryland Senate. Orphan’s courts in Maryland The justices of the Orphan’s court in Maryland are chosen via partisan elections apart from counties of Montgomery and Harford where judges from Circuit courts are permitted to serve in the Orphan’s courts. The governor fills the vacancies or positions subject to confirmation or approval by the Maryland Senate. They work as judges for a period of ten years (American Judiciary Society, 2010). Qualification for State judges The Maryland constitution lists the qualifications that a person must have in order to be appointed as a judge. They include: i. A candidate should have registered to participate in voting of State elections at the time he or she is being appointed ii. He or she must be a United States of America and Maryland citizen iii. He or she must have lived in Maryland for at least 5 years. iv. He or she must be a member of the Maryland Bar v. He or she must be a resident for at least 6 months before appointment in the place or area where the slot exists. vi. He or she must be at least 30 years of age at the time of appointment (American Judiciary Society, 2010) Judicial selection process of Judges in the State of Virginia The judicial system of Virginia comprises of three levels of courts; the Trial courts, the Appellate courts and Limited Jurisdiction courts. Unlike in the State of Maryland, judges in the courts of Virginia are chosen or selected via legislative election. The judicial selection process in Virginia starts when a vacancy or a position occurs in the judiciary or when the Attorney General creates a new seat. Virginia and South Carolina are the only States in the U.S that use legislative election to select judges for the bench. The legislative election process of selecting judges is identical for the Circuit, Appellate, and Supreme Courts. As stated in the constitution of Virginia, judges are elected by a majority vote of the Senate and the House of Delegates (General Assembly). Selected Supreme Court judges work for 12 years while the Circuit and Appellate Court judges work for 8 years. When their terms end, justices must be re-elected by the General Assembly or legislature (American Judiciary Society, 2011). Qualifications for State judges in Virginia According to the Virginia constitution, for one to serve as a judge, they must be: i. Virginia resident ii. State bar member for period of five years, iii. Should not be over seventy years of age iv. He or she must be a United States of America and Virginia citizen v. A candidate should have registered to participate in voting of State elections at the time he or she is being appointed (American Judiciary Society, 2011) Once a slot or a vacancy is approved, the Senate and the House of Delegates commission for courts of Justice start making nominations submitted by the General Assembly. The General Assembly submits the names of candidates to the Senate and House committees. These committees decide whether each person is suitable and qualified for the judgeship he or she looks. After the courts for Justice Committees determines and approves the qualification of various candidates, a report containing qualified individuals is made and submitted to the House and the Senate. The Senate and the House of Delegates vote autonomously and separately under the guidance of a procedural resolution. The candidate who gets the majority votes in both houses is elected as judge. Serving judges, seeking new terms go through similar selection process. The legislative election of judges does not need any approval or action from the State governor (American Judiciary Society, 2011). Comparison of the judicial selection in Maryland and Virginia The two States, Maryland, and Virginia have different judicial selection process. From the discussion, it is clear that the judicial selection of judges in Maryland is based merit selection process for the Appellate and District judges while the Circuit and Orphan’s courts use non-partisan and partisan elections respectively to select court judges. However, in Virginia, the selection process of judges at all court levels is purely based on legislative elections where the candidate with majority votes is selected as a judge. The only similarity in the judicial selection process is the qualifications whereby in both States, the candidate must be a State and U.S citizen, they must be registered to vote in the State, they must be member of the bar of the State and must be resident of the State for at least five years. Conclusion Both states, Maryland and Virginia have adopted different judicial selection process which they think is relevant and in accordance to the respective State constitution. Therefore, all judges selected using various methods adopted by each States must meet the standards and requirements found in the constitutions and judiciary of the respective States. References American Judiciary Society (2010). Judicial Selection in the States: Maryland. Archival material. American Judiciary Society (2011). Methods of judicial selection: Virginia. Archival Material. O’Connor, D. S. (2004). The Majesty of Law: Reflections of a Supreme Court Justice. New York: Jossey-Bass. Read More