=The State Courts: Their Organization.=—In each state there are three
gradations in the judiciary, and sometimes four. First, there are local
courts, presided over by justices of the peace, or police justices.
These courts try cases of minor importance. When persons charged with
serious offences are brought before them, the offenders are held for
trial by the next higher court. These next higher courts are known as
county or district or superior courts. They are empowered to conduct
jury trials; they have prosecuting attorneys at their service; they have
a wider range of jurisdiction to try important cases, and their
decisions are usually final so far as the _facts_ of the case are
concerned. Finally, there is in each state a supreme court (sometimes
called the Court of Errors) which hears appeals, chiefly on disputed
points of _law_, from the courts below. This court is composed of from
five to fifteen judges (the number is fixed by law in each state), and
it has the last word in all cases save where an appeal may be taken to
the Supreme Court of the United States.[102]
[Sidenote: The election _vs_. the appointment of judges.]
=The Selection and Removal of Judges.=—In more than three-fourths of the
states the judges of these various courts are elected by the people. In
the rest they are either appointed by the governor or chosen by the
state legislature. One plan cannot be said, in general terms, to be
better than the other. Good judges have been secured by all three
methods of selection, and poor ones too. It is worth noting, however,
that the judges of all the federal courts are appointed for life and
that they are men of fine quality.[103] It is everywhere conceded that
the courts ought to be kept out of party politics and this is much
easier if the judges are appointed for life or for long terms than if
they are chosen by the people for short terms. But whether appointed or
elected it is desirable that judges, so long as their work is
satisfactory, should be kept in office. If judges are denied
reappointment or re-election because their decisions do not prove
popular with those who are influential in politics, it will be very hard
to get men of ability and integrity to accept judicial positions.
------------------------------------------------------------------------
SIMPLIFIED STATE ADMINISTRATION
Several states have simplified their administrative
machinery during recent years by reducing the number
of state departments. Illinois is one of these. Its
plan of administrative organization, as shown on the
reverse of this page, is simple enough for any voter
to understand. This contrasts with the situation in
New York State, where there are more than a hundred
administrative departments.
(ILLINOIS)
VOTERS OF THE STATE
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