Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
_Terms of Office._--The terms of the judges vary widely among the
different states. In the early days of our history, the judges generally
held their offices during good behavior or until the attainment of a
certain age, usually sixty or seventy years. With the growth of
democracy, however, most of the states came to adopt short terms for
judicial as well as for other public officials. Only in Massachusetts
and Rhode Island do the judges of the highest court now serve
practically for life. In New Hampshire they serve until they are 70
years of age. Elsewhere the tenure varies from two years, in Vermont, to
twenty-one years, in Pennsylvania. In Maryland, the tenure is fifteen
years; in New York, fourteen; in several, it is twelve, in some nine, in
many six. The advantage of a long term is that it enables the judges to
acquire experience and renders them less affected by political influence
and popular clamor.
_Methods of Choosing the Judges._--In early times the judges were chosen
either by the legislature or by the governor. Choice by the legislature
was objectionable because it often resulted in selection by political
caucuses and in a parceling of the judgeships among the different
counties or sections of the state. Appointment by the governor was
objectionable to many because it often resulted in the choice of
political favorites. Most of the states, therefore, abandoned these
methods of choice for popular election, Mississippi in 1832 being the
first state to adopt this method. Only in Delaware, Connecticut, New
Jersey, Massachusetts, New Hampshire, and Maine, are the higher judges
now appointed by the governor,--subject to the confirmation of the state
senate or the legislature,--and only in Rhode Island, Vermont, South
Carolina, and Virginia are they elected by the legislature. In all the
other states they are elected by the people.
The arguments in favor of popular election are that it is more in
harmony with the principles of popular government, and, it is claimed by
some, tends to secure a higher class of judges, thus doing away with the
evils of executive appointment and of legislative choice described
above. The objection to this method, however, is that it compels
judicial candidates to engage in political contests, and by making their
tenures dependent upon popular favor subjects them to the temptation of
shaping their decisions to meet the approval of the people, who,
obviously, are not always qualified to judge of the soundness of
judicial decisions involving intricate questions of law. Such a method,
it is claimed by some, tends to secure the election of able politicians
rather than of able judges.
Public-domain text, read in full here on John Shaqi.
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