Institutions of American Government Module 4.4: The Courts Section 2: Modes of Judicial Appointment

Appointment Appointment by executive –By and with the advice and consent of the Senate –Hold offices “during good behavior” –Used by the Federal government Appointment by the legislature –Not expressly stated in the US Constitution –Hold offices for a specified term of years –Used to appoint Congressional Courts of limited jurisdiction

Direct Election May be Partisan or non-partisan –Partisan: Candidates must disclose party affiliation to run –Non-partisan: Candidates must not disclose party affiliation to run Hold offices during a specified term of years Texas uses partisan election –4-year term for original courts –6-year term for appellate courts

The Missouri Plan Combination of appointment and election Executive appoints judges from a list submitted by an independent commission –Judges serve for one year Voters decide in a “retention election” whether to keep the judge on the bench –If the judge loses the election the process begins again Used in 11 states