mahoney@dec-bartok.UUCP (05/13/86)
---------------------Reply to mail dated 5-MAY-1986 22:41--------------------- >If you were a judge in Boston, who had to face reelection, would you >send an IRA man back to the UK? > >Philip Todd [I do not mean to take away from your argument but....] Judges in Massachussetts are all apointed positions. The appointment is for life or until the judge decides he wants more money. Brian Mahoney
rpt@warwick.UUCP (Richard Tomlinson) (05/16/86)
Are any judges in the USA or elsewhere elected? I feel sorry for anybody
who has to be tried by a judge facing re-election.
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...!mcvax!ukc!warwick!rptbill@sigma.UUCP (William Swan) (05/19/86)
In article <513@snow.warwick.UUCP> rpt@warwick.UUCP (Richard Tomlinson) writes: >Are any judges in the USA or elsewhere elected? I feel sorry for anybody >who has to be tried by a judge facing re-election. > ...!mcvax!ukc!warwick!rpt Yup. Here in Washington State. And it doesn't seem to matter if they're facing re-election or not, they're always looking to make more points on their record.
cramer@kontron.UUCP (05/20/86)
> > Are any judges in the USA or elsewhere elected? I feel sorry for anybody > who has to be tried by a judge facing re-election. > -- > > ...!mcvax!ukc!warwick!rpt Federal judges serve for life. In theory, they can be impeached by the U.S. Senate and removed for crimes or senility. In practice, only seven Federal judges have been removed from office since 1789. (Although a number have been strongly encouraged to leave office because of senility and ill health.) Judges in many states have to be confirmed by a vote of the population at regular intervals -- note they aren't running against someone else. The voters vote "YES" or "NO" on them. Here in California, municipal judges (and I believe superior judges) are subject to election just like other posts. It's an interesting problem. The basis of the American system is separation of powers is that judges be effective counterbalances to legislative or executive abuses. This argues for life terms, like Federal judges. (The U.S. Constitution has the life term provision because of the long series of abuses by English & British monarchs of judges who actually dispensed justice.) On the other hand, when the President (for Federal judges) or the Governor (for State judges) appoints someone for life, they may be a complete bozo. Here in California we have the interesting case where the Democrats, who purport to believe in democracy and the unfettered will of the people, are arguing that the judiciary should be "above politics", while the Republicans who in theory support restrictions on majority will, are trying very hard to remove a truly awful California State Supreme Court judge named Rose Bird. ("Truly awful": the legislature made the penalty for rape more severe if "great bodily harm" was inflicted on the victim, figuring the phrase was pretty clear. A rapist was tried and convicted of rape. During the trial, it was established that the victim was 1) beaten, 2) burned repeatedly with a cigarette, 3) brutally sodomized, 4) a four-inch knife blade was inserted up to the hilt into her abdomen. Rose Bird wrote the opinion that since "great boodilyharm" hadn't been defined by the legislature, that the original jury was wrong to conclude that the victim had suffered "great bodily harm". This sort of nonsense is quite typical from Rose Bird.) Clayton E. Cramer
6063366@pucc.BITNET (Carl Micarelli) (05/21/86)
In article <513@snow.warwick.UUCP>, rpt@warwick.UUCP writes >Are any judges in the USA or elsewhere elected? I feel sorry for anybody >who has to be tried by a judge facing re-election. In the USA, most state and local judges are elected. All federal judges are appointed. Carl Micarelli - BITNET: 6063366@pucc UUCP: ...allegra!psuvax1!pucc.bitnet!6063366