The Process of Selection and Removal of Judges

Procedures were put in place to perfect the process of judges’ selection without the involvement of politics. These procedures include “methods of selecting, retaining, and removing of judges; successful and unsuccessful reform efforts; the roles of parties, interest groups, and professional organizations in selecting judges; and the diversity of the bench.” The selection and removal process varies between states, such as the State of Virginia and the State of Iowa.

The State of Virginia’s Judiciary comprises the Supreme Court, the court of appeals, the circuit court, and the 31 district courts. The Legislature carries out the selection of Judges in Virginia; however, in cases where the Legislature is not in session during a vacancy, the governor appoints people to fill the vacancies, but they will be elected by the Legislature when the session resumes. A total of 175 judges are selected in Virginia with the following distribution: 7 Supreme Court Judges, 11 Court of Appeals Judges, and 157 Circuit Court Judges (“Methods of Judicial Selection,” 2021).

Based on Geographical selection, Supreme Court Judges selection is from statewide, Court of Appeals Judges are selected statewide, and Circuit Court Judges are selected from the circuit. The selection of judges in these courts depends on legislative election, which distinguishes Virginia from other states. After selection, the Judges serve various terms; Supreme Court Judges serve 12 years, Court of Appeals Judges serve eight years, and Circuit Court Judges serve eight years. The qualifications vary with the Supreme Court qualifications, including state resident, state bar member five years, and a maximum age of 70 (“Methods of Judicial Selection,” 2021).

Qualifications for the Court of Appeals Judges include: state resident, state bar member 5 yrs, and maximum age of 70, and the qualifications for the Circuit Court Judges include: state and circuit resident, state bar member 5 yrs, and maximum age of 70. Additionally, Judges who seek to retain their position are interviewed and must be reelected by the Legislature and serve a full term as discussed. Also, interim vacancies are filled through the election by the Legislature. The Chief Justice is voted in by their peers and serves various terms; the Supreme Court Chief Judge serves for four years, the Court of Appeals Chief Judge serves for four years, and the Circuit Court Chief Judge serves for two years (“Methods of Judicial Selection,” 2021).

The State of Iowa’s Judiciary comprises two appellate courts: the Supreme Court and the Court of Appeals, and the unified district court (“Methods of Judicial Selection,” 2021). The method of selection of Judges varies for the State of Iowa. There are 132 selected judges, including 7 Supreme Court judges, 9 Court of Appeals judges, and 116 District Court judges. Based on Geography, Judges are selected as follows: Supreme Court Judges’ selection occurs statewide, Court of Appeals Judges are selected statewide, and District Court judges are selected from the districts.

The method of selection for all Judges in the State of Iowa is through the gubernatorial appointment through a nominating commission (“Methods of Judicial Selection,” 2021). The length of the term of all judges in the State of Iowa is at least one year. The method of retention of office for all judges in the State of Iowa depends on the retention elections of the Judges. After a successful election, the length of the term is as follows: Supreme Court Judges serve for eight years, Court of Appeals Judges serve for six years, and District Court Judges serve for six years. In the cases of Interim Vacancies, the filling is done through the gubernatorial appointment through the nominating commission for all courts in the state. These Interim Judges can stand for elections and appointments in the next general election after they complete one year in office. The selection of the Chief Judge varies as follows: Supreme Court Chief Judge and Court of Appeals Chief Judge are selected through peer vote, and the Supreme Court selects the District Court Chief Judge. The terms of office for Chief Judges in various courts are as follows: the Supreme Court Chief Judge serves for eight years, the Court of Appeals Chief Judge serves for two years, and the District Court Chief Judge serves for two years. The Qualifications of the judges vary as follows: Supreme Court Judges must be licensed in the state and member of the Iowa bar, resident of the state, and have a maximum age of 72. Qualifications for the Court of Appeals Judges are as follows: they must be licensed in the state and member of the Iowa bar, resident of the state, and have a maximum age of 72. Finally, the qualifications for the District Court judges are as follows: they must be licensed in the state, a member of the Iowa bar, a resident of the district, and have a maximum age of 72 years.

A process is also put in place to remove Judges in cases of complaints. In the State of Virginia, there are two processes for removing Judges (“Methods of Judicial Selection,” 2021). The first process involves the impeachment of the Judges by the House of Delegates, followed by their removal by a two-thirds vote of the Senate. The other process involves the removal, discipline, or retirement of Judges by the Supreme Court after the investigation by the Judicial Inquiry and Review Commission on claims of severe mental illnesses or physical disabilities interfering with Judges Responsibilities and complaints of misconduct by the Judges turn out to be valid, and complaints are filed with the Supreme Court.

In the State of Iowa, there are two processes by which Judges can be removed (“Methods of Judicial Selection,” 2021). The first process involves the impeachment of Judges by a majority of the House of Representatives and convicted by two-thirds of the Senate. The second process involves the removal, discipline, or retirement of Judges by the Supreme Court following the valid results of the investigation by the Commission on Judicial Qualifications on complaints of judicial misconduct.

The impacts of the qualifications of judges and the potential for disciplinary action on judicial decision-making are evident. The qualifications of judges revolve around age, members of the bar, and residents of a given state. These qualifications allow the Judges to make a decision that is ethical, unbiased, and fair in relation to their brilliance in passing the bar, experience, and familiarity with their state of residence (Irwin & Real, 2011). These qualifications influence the Judge’s objectivity in making the most proper decision. Additionally, disciplinary action against Judges with judicial misconduct is a strategy of the judiciary to ensure that the decision-making process isn’t corrupt or biased. These strategies focus on the judges because decision-making is influenced by the judges or justices (Murphy, Epstein & Knight, 2016). Therefore, the qualification of the Judges and the disciplinary action of Judges with misconduct ensure that the Judicial decision-making process is fair and free of prejudice.

In conclusion, the judicial system varies with state. Each state is distinct, and the judicial system is unique, with varying types of courts, varying types and numbers of judges, and varying methods of selection and removal. These processes ensure the judicial system is fair and just and that the decisions made by judges working under judicial power are ethical and unbiased.

References

Irwin, H., & Real, D. (2011). Unconscious Influences on Judicial Decision-Making: The Illusion of Objectivity. https://scholarlycommons.pacific.edu/cgi/viewcontent.cgi?article=1248&context=mlr

Methods of Judicial Selection. (2021). https://www.ncsc.org/Information-and-Resources/Comparing-state-courts.aspx

Murphy, W., Epstein, L., & Knight, J. (2016). Elements of judicial strategy.

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