Question

Debate the pros and cons of California’s judicial confirmation elections. Is judicial independence compromised by this system?

Answer 1

The Cons outweigh the pros by a distance.We can safely say that elections in the judiciary could result in judicial independence being compromised. The reasons are judges might behave differently towards the re-election, the use of money would increase the chances of favoritism, elections might discourage competent judges who are not interested in politics to run for office. rest of cons are given below. there are also some cons mentioned.

Pros:

1. Judicial elections hold judges to account.

2.Appointing judges encourages corruption and cronyism

3.Electing judges inspires people's confidence in the law

4. Separation of powers is only eroded if there is a tit-for-tat mentality between the appointor and the appointee .

5. election process is more reliable and is fundamental in our democracy

6. .The election process is the only check and balance to counter purely political appointments, whether the appointee is qualified (or not).

Cons:

1. Attorneys and judges, the two groups of people who work closest with judges facing re-election aren't willing to speak disparagingly of a judge — at least not publicly. An attorney who badmouths a judge in the newspaper may have to appear in front of that judge down the road. Hence the collusion

2.Also, some would argue that the "election" process is largely broken. All 12 of the Spokane County Superior Court seats are up for re-election in the year 2016. Only two have drawn challengers. In the previous two election cycles, all 12 judges ran unopposed, and without an opponent, judges are automatically retained. This is a trend nationwide.

3. When you elect judges in the same way you elect politicians, they tend to act like politicians. Judges are expected to make decisions, at times unpopular ones, independent of special interests or the popular political climate.

4. When the U.S. Supreme Court's landmark Citizens United decision opened the gates for unlimited political spending by corporations, money has poured into state court elections from special interest groups and political parties .

5. Another study from Lambda Legal, a nonprofit legal organization that represents gay, bisexual and transgender people, found that judges facing re-election are generally less supportive of LGBT rights, especially those in partisan races.

6.A 2010 study of Washington state judges found that sentences were about 10 percent longer near the end of a judge's term than at the beginning. Social and racial minorities are often on the receiving end of these decisions.