1 Judges Chapter Eight
2 Position of the Judge Seen as the symbol of justice. Set bail and revoke it. Determine whether there is sufficient probable cause to hold defendants. Rule on pre-trial motions to exclude evidence. Accept pleas of guilty. Preside at trial. Set punishments.
3 Benefits of the job High level of prestige and respect. Set terms of office may range from 6-8 years for State judges. Federal judges enjoy a life term in office. Capstone to a successful career. Salaries average $100,000 annually. Patronage powers.
4 Frustrations of the Job Heavy caseloads. Administrative problems. Assembly Line Justice constant pressure. Judge’s actions limited by the system itself. Overall low prestige of criminal court judges. Too many routine and often dull cases, where sentencing agreements are the norm.
5 Judge Shopping Through the use of strategic use of motions for continuances and motions for a change of judge, defense attorneys maneuver to have their client’s cases heard by the judge they perceive as the most favorable.
6 Judicial Selection Merit Selection (the Missouri Bar Plan) –The establishment of a judicial nominating commission composed of lawyers and lay persons who suggest a list of qualified nominees to the governor. Popular elections –Judges are either selected using partisan or non- partisan elections. Executive Appointments –The governor or president nominates a judge with the advice and consent of the senate.
7 Women on the Bench 18% of President Clinton’s nominations to the federal bench were women. 21% of State appellate judges are women. 25% of lawyers practicing today are women. This growth parallels increase also of women judges. Female judges are likely to be more liberal than their male counterparts.
8 African Americans on the Bench In 1973, slightly more than 1% of state judges were black, by the mid-1980’s this figure was 3.8%. Blacks are under represented on the bench. Most black judges are in states using appointments vs elections.
9 Judicial Evaluation Judicial independence: normative value that stresses a judge should be free from outside pressure in making a decision. Judicial misconduct. –Most often involves corruption. Impaired mental capacity. –State laws requiring judges to retire at age 70 do not violate the Federal Age Discrimination in Employment Act.
10 Judicial Disciplinary Actions Options: –Impeachment –Removal Formal vs informal sanctions –Letters of sanctions/censure –Removal –Disbarment –Prosecution