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Public Perceptions of Judges
The public believes thatthe judge is most responsible for ensuring that
the system operates fairly and impartially
and,
the public believes that judges arethe principal decision makers in court.
Judges and the Courtroom Workgroup
Judges are “reactive” to the actions of other courtroom workgroup members.
Informally, judges share powers with other courtroom workgroup members, i.e., judges accept bail, plea, and sentence recommendations from other courtroom workgroup members.
Judge participation varies between and within jurisdictions, i.e., judge shopping by prosecutors and defense attorneys.
Sanctions are a two-sided sword for the judge and the courtroom workgroup members.
Legal Duties of the JudgeInclude the following:
The Judge:
Appoints counsel if necessary.
Signs search warrants if needed.
Sets or revokes bail.
Determines whether there is sufficient probable cause and informs defendant of charges.
Legal Duties of the JudgeInclude the following:
(cont’d)
The Judge:
Rules on pretrial evidentiary motions.
Accepts pleas.
Preside over trials if necessary, i.e., rules on evidence and procedures and instructs jury.
Sets punishment.
Selection of Judges
FEDERAL
(Article III Judges)
Screening by the Deputy Attorney General
Approval by the Standing Committee on the Federal Judiciary and the American Bar Association (informal).
Presidential or Executive appointment
Confirmation by the Senate
Political Influence
STATE
(3 Selection Processes)
Gubernatorial or Legislative appointments
Judicial elections, i.e., partisan and nonpartisan.
Merit selections – a hybrid system which involves the governor, the public, the legal profession, and popular elections.
All three are politically influenced.
How can federal and state legislatures
control the power
of the Judge?
How does determinate or indeterminate sentencing affect judges and their decisions?
Judicial Accountability versus
Judicial Independence
Questions
How should we judge judges?
What issues should be considered?
Judicial Misconduct
Judicial misconduct is a form of ‘misbehavior’ which includes a wide range of behaviors such
as making arbitrary decisions, lying under oath, disregarding the law, and corruption, i.e. bribes.
Judicial misconduct should not be confused with those judges who become ‘unfit’ for duty due to impaired mental capacity or age. However these are factors in which a judge can become
removed from office either forcibly or by law, i.e., age requirements.
Formal Methods of Judicial Removal from Office
FEDERAL
Judicial Councils Reform and Judicial Conduct and Disability Act.
Judicial Conference
Impeachment proceedings which may include the House of Representatives and the Senate.
Sanctions include the imposition of nonpublic sanctions and removal from office.
STATE
Elections/recall elections;
Judicial Conduct Commissions
Sanctions include: private admonishment, public censure, retirement, or removal from office.