The State Judicial Branch

What State Courts Do State courts act as a check on the other two branches of state government. For example, state courts may decide that a law passed by the state legislature violates the state constitution. Like the federal judiciary, state courts have the duty of protecting the rights and freedoms guaranteed to each citizen by a state’s constitution. State courts also hear civil and criminal cases. Most state judicial systems have 3 levels. State trial courts hear both civil and criminal cases. State appeals courts review cases appealed from the trial courts. Cases that go beyond the first appeals court are heard in the state’s supreme court.

Judges in State Courts State court judges perform many of the same duties as federal judges. However, the way judges are selected and the lengths of their terms vary, depending on the state and on the level of the court. Selection of judges Popular Election —judges run for election Appointment—the governor appoints a judge Election by Legislature—the governor appoints a judge from a list prepared by a commission of judges, lawyers, and ordinary citizens. Then, in the next election, voters cast a “yes” or “no” vote on whether they want the judge to stay in office for a twelve-year term.

Removal of Judges Judges must demonstrate a minimum level of competence, skill and knowledge. They can be removed by: 1. Impeachment—usually inefficient and time consuming 2. Disciplinary boards to investigate complaints about judges—made up of lawyers and non- lawyers. If they find out that a judge has acted improperly, the board makes a recommendation to the state supreme court. They may then suspend or remove the judge.

Federalism and the Courts Some state constitutions offer greater rights and freedoms than the federal Constitution. When an individual rights case comes up in one of these states, which one applies—the federal Constitution or the state constitution? Check out the following 3 Supreme Court cases on Oyez.org and see how they demonstrate the important role the judicial branch plays in deciding questions of federalism. You may need to search for additional information on other sources. Write a reflection telling the details of each case, the significance of the decision and your opinion on the decision. Explain how the cases have set precedent for federalism issues. Reno v. Condon (2000) Lloyd Corp. v. Tanner (1971) Robins v. Pruneyard Shopping Center (1979)