Chapter 24: Governing the States Section 5

Objectives Explain how State courts are organized and describe the work that each type of court does. Examine and evaluate the different methods by which judges are selected among the States.

Key Terms Justice of the Peace: the lowest level of State judges, who preside over justice courts warrant: a court order making some official action legal preliminary hearing: the first step in a major criminal prosecution, where the judge decides if the evidence is enough to hold the accused for further action

Key Terms, cont. magistrate: judges serving urban courts that handle misdemeanors and minor civil complaints appellate jurisdiction: jurisdiction based on hearing appeals of cases already decided in trial courts, rather than trying original cases

Introduction How are the State and local courts organized and staffed? At the top is the State supreme court, followed by the intermediate appellate courts and the general trial courts. Minor civil and criminal offenses are handled by magistrates, Justices of the Peace, and municipal courts. Most courts serve judicial districts organized by geography. In some States, courts are organized by case type.

JPs and Magistrates Justices of the Peace (JPs) Magistrates Serve in small courts in smaller towns and rural areas Serve in small courts in urban areas Handle minor cases Preside over justice courts Preside over police courts Elected by popular vote and hear misdemeanor and minor civil cases

Municipal Courts These courts are found in many cities—they hear misdemeanors and many civil cases. They are organized into divisions that specialize in cases such as criminal, civil, small claims, probate, and traffic.

Juvenile Courts Minors—those under 18 years of age—are often tried in juvenile courts rather than adult courts. Juvenile courts are designed to deal with the special needs of young people. They focus on rehabilitation more than punishment. Recently, more States have allowed minors to be tried in adult courts in an effort to fight juvenile crime.

Juvenile Courts, cont. 1800s Young people accused of serious crimes were jailed with adults, and those as young as seven could be tried and sentenced in criminal courts. 1974 Congress passes the Juvenile Justice and Delinquency Prevention Act requiring that young people be jailed separately from adults. 1899 Cook County, Illinois creates the first juvenile court. The court protects both public safety and the needs of the juveniles accused of crimes. Today While juvenile courts still flourish, States increasingly allow juveniles accused of serious crimes to be tried and sentenced in adult courts.

Juvenile Courts, cont. Juvenile courts arose from decades of struggle at the State level to adapt and reform the criminal justice system. Why do you think reformers sought separate jails and prisons for young people? Answer: Reformers probably felt that young people put into prison with adults would have less chance of being rehabilitated and might be subjected to being abused or corrupted by older inmates.

General Trial Courts Most major civil and criminal cases are heard in general trial courts. Each State is divided into judicial districts, each with a trial court. These general trial courts are the first to hear most of their cases. Cases are tried before a single judge, most often with a trial jury present.

Intermediate Appellate Courts Intermediate appellate courts of appeal stand in between trial courts and the State supreme court. They most often review appeals of cases first decided in State trial courts. Rather than holding trials, appellate judges study legal briefs and hear oral arguments from the lawyers in each case. Their job is to decide if the law was properly applied in a case.

State Supreme Court The State supreme court reviews appeals of cases decided by lower State courts. It has the final say in matters of State law—few of its cases are appealed to the U.S. Supreme Court. Justices are either appointed by the governor or elected by the people. NOTE TO TEACHERS: This image shows Chief Justice Leah Sears, Supreme Court of Georgia.” Chief Justice Leah Sears

Unified Court System Checkpoint: Why do some States have a unified court system? Most State court systems are arranged by geography. In a unified court system, there is one court for the entire State, divided into different levels. At each level, divisions are set up to hear specific types of cases—such as criminal or juvenile. This lets judges specialize in handling cases for which they are best suited. Checkpoint Answer: A unified court system lets judges specialize in handling cases for which they are best suited.

Selecting Judges Checkpoint: What are the two main ways that judges are selected? Most are selected by popular election. About a fourth of all State judges are appointed by State governors. Governors also appoint replacements when a judge dies or resigns midterm and must be replaced. In two States, the legislatures choose most or all of the judges. NOTE TO TEACHERS: In 11 States, popular election is the sole way to select judges unless a midterm vacancy needs to be filled. In 5 States, the governor appoints all State judges. Checkpoint Answer: Popular election and appointment by State governors. 15

Selecting Judges, cont. Supporters of electing judges argue that it best represents the will of the people and enforces separation of powers. Supporters of appointing judges argue that it results in more qualified judges. Analyzing Political Cartoons Answer: This answer suggests that an inflexible judicial philosophy will have a significant impact on the rulings made by the judge, and that voters or executives must be careful when choosing a judge based on such philosophies.

The Missouri Plan The Missouri Plan combines the election and appointment of judges. The governor appoints the justices of the State supreme court, the court of appeals, and many trial court judges, choosing from a list of candidates recommended by a judicial commission. After at least a year, voters then decide whether to keep or remove each judge. Some form of this plan is used in over half the States.

Review Now that you have learned about how the State and local courts are organized and staffed, go back and answer the Chapter Essential Question. How much power should State government have?