Question 1

In which model of judicial selection is the candidate nominated and appointed/elected by the state legislature?

Accepted Answer

In the legislative appointment/election model, the candidate is selected by the state legislature through either appointment or direct election. This is different from the commission-based appointment model, where a commission of individuals recommends candidates to the governor or other appointing authority. The legislative commission appointment model involves a commission made up of both legislators and non-legislators recommending candidates to the legislature for approval. Merit selection, on the other hand, involves a commission of non-partisan experts recommending candidates to the governor or other appointing authority.

Question 2

How are federal judges selected?

Accepted Answer

Federal judges are nominated by the President and confirmed by the Senate according to Article II of the US Constitution. This process is known as the appointment process. Once nominated, potential judges go through a rigorous vetting process, including a review of their professional qualifications and their overall fitness for the federal judiciary. The Senate Judiciary Committee considers the nominee, holds hearings to question them, and then votes on whether the nominee should be recommended to the full Senate for confirmation. Once the nominee makes it through this process, they are appointed to office by the President.

Question 3

A state wants to take actions to try and restore public trust in their state court judges. They want to change the perception that judges are simply "politicians in robes." What could the state do to achieve this outcome?

Accepted Answer

By requiring judges to recuse themselves from cases involving campaign donors, the state is taking steps to reduce the perception that judges are influenced by political contributions. This will help establish a more independent and impartial judiciary, which is essential for restoring public trust in the courts. Changing the method of judicial selection or making it easier for special interest groups to fund campaigns may not necessarily address this issue and could actually exacerbate it. Similarly, political party endorsements could further politicize the selection process and undermine the perception of neutrality.

Question 4

Which of the following would be a preferable course of action for a new judge?

Accepted Answer

Accepting help and mentoring from more experienced court staff and other judges would be a preferable course of action for a new judge as it allows them to learn from their colleagues and gain a better understanding of how the courtroom workgroup operates. It also shows a willingness to learn and improve, rather than immediately making changes without fully understanding the implications of those changes.

Question 5

Which method of judicial selection might require confirmation by the state legislature or an executive counsel?

Accepted Answer

Gubernatorial appointments often require confirmation by the state legislature or an executive council, depending on the state's constitution or laws. This process allows for checks and balances by involving another branch of government in the judicial selection process.

Question 6

What is one of the concerns about judges facing election?

Accepted Answer

One of the primary concerns about judges facing election is that the pressure to secure votes can compromise their impartiality and independence in deciding cases based on the law rather than political considerations or popular opinion.

Question 7

Which of the following is true of the partisan election model for selecting judges?

Accepted Answer

In the partisan election model for selecting judges, voters cast ballots for judicial candidates as they would for other public officials. There is no requirement for confirmation by the governor or state legislature, and retention elections are not typically used in this model.

Question 8

Which of the following are benefits of being a judge?

Accepted Answer

Being a judge is considered the pinnacle of a legal career, as judges are respected members of the legal community and have a significant impact on the justice system. The other options (A, C, and D) may be viewed as perks or benefits, but do not necessarily outweigh the importance and prestige of the role of a judge.

Question 9

The commission-based appointment is also referred to as ______.

Accepted Answer

The commission-based appointment is commonly known as the Missouri Plan, which involves a nonpartisan commission that selects a list of candidates from which the governor appoints a judge.

Question 10

Which of the following statements is true of the commission-based appointment system of selecting judges?

Accepted Answer

The answer of Which of the following statements is true...

Question 11

Why did former Supreme Court Justice Sandra Day O'Connor say "if I could wave a magic wand, I would wave it to secure some kind of merit selection of judges across the country"?

Accepted Answer

Former Justice O'Connor believes that judicial elections contribute to the public's perception that judges are "politicians in robes," which undermines the integrity of the judiciary. She believes that a merit selection process would help address this issue and ensure that judges are selected based on their qualifications and merits, rather than their political connections or campaign fundraising abilities.

Question 12

What length term do federal judges serve?

Accepted Answer

Federal judges serve for life unless they choose to resign or are impeached and convicted by Congress.

Question 13

How is the majority of a judge's time spent?

Accepted Answer

The majority of a judge's time is spent on managing administrative tasks, such as scheduling hearings, reviewing and signing petitions, and managing court staff. While considering judicial issues and presiding over trials and hearings are important tasks for a judge, they do not make up the majority of their time.

Question 14

What kind of training do new judges typically receive?

Accepted Answer

New judges typically receive an orientation and training, which can include mentorship from more experienced judges, and are also required to participate in continuing education throughout their careers. It is important for judges to receive proper training and education to ensure fairness and impartiality in the courtroom.

Question 15

Which method of judicial selection is more likely to result in qualified individuals being selected as a judge in the state court system, even if those individuals lack political connections?

Accepted Answer

Commission-based appointment involves a non-partisan commission that screens and selects potential judges based on their qualifications, experience, and merit, rather than political connections or affiliations. This is more likely to result in selecting qualified individuals who may lack political connections compared to partisan or nonpartisan elections, where political connections and party affiliation can play a significant role in the selection process. Gubernatorial appointment may also be influenced by political considerations, while commission-based appointment places the emphasis on merit and qualifications.

Question 16

Approximately what percentage of cases heard in the United States are handled by state court judges?

Accepted Answer

State courts handle the vast majority of cases in the United States, approximately 97%, as they deal with most criminal cases, family law, probate, and other civil matters.

Question 17

In the ______ method of judicial selection, the applicant is evaluated by a nominating commission, which sends a list of best-qualified candidates to the governor for selection.

Accepted Answer

The method described is commission-based appointment, in which a nominating commission evaluates applicants and recommends the most qualified candidates to the governor for selection.

Question 18

After a long career as a private attorney, Mary decides that she wants to become a state court judge. She files paperwork to run as a Republican and begins fundraising for the upcoming election. Which method of judicial selection is she participating in?

Accepted Answer

Mary is participating in a partisan election, as she has filed as a Republican and is fundraising for the election. Partisan elections involve candidates running for a judicial position under a party affiliation and usually involve campaigns and fundraising.

Question 19

Which of the following may explain why public opinion polling found that 70% of the public are more distrustful of their judges than they have been in the past?

Accepted Answer

The fact that special interest groups have dramatically increased their funding of judicial elections and often pressure candidates to openly share their political views may have led to a perception of judges being influenced by politics and not being impartial. This could explain why the public is more distrustful of judges than they have been in the past.

Question 20

What type of judicial selection method often requires that the selected judges periodically run unopposed in retention elections, which allows voters to decide whether or not they should remain on the bench?

Accepted Answer

Merit selection often involves a process where judges are initially appointed based on their qualifications and then must run in retention elections, where voters decide if they should remain in their position without facing an opponent.

Quiz 10: The Bench and the Bar: Those Who Judge, Prosecute, and Defend