Judges: appointed or elected?

Mark L

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Another thread here has me curious about this, so I thought I'd break it out on its' own. Should judges be appointed or elected?

I lean towards elected, as they would be subject to the will of the people periodically, as opposed to lifetime appointments where impeachment is the principle vehicle by which they can be removed. Here in Mass. judges are appointed, and there's been some noteworthy cases in the past few years where bad guys have been let off with disastrous results, judges have been legislating from the bench, intimidating and coercing settlements on their personal matters, etc. The flip side of the elected approach could have us end up with the bench dominated by popular, as opposed to qualified/skilled, individuals. I guess that could be said of appointees also.

Thoughts?
 

terryl965

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I say elected, we the people need to make the choices, this is America right.
 

RandomPhantom700

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Before I answer, I'd like to note that while all federal judicial positions are appointed, it's up to the states how their state judicial positions are attained. Here in Florida, some positions are elected while others are appointed, while in other states all judicial appointments are appointed.

That being said, I'd have to say that I am in favor of keeping it at leaving judicial positions being appointed. Reason being is the balance of power: two out of the three branches are left to the people's will through elections, and furthermore the judicial branch is specifically charged with maintaining constitutional integrity against that will. In other words, essential to the balance between judicial and other branches is that it is specifically independent of the majority.

Sure, there's always a judge here or there who makes a stupid decision or sells out their own personal integrity, but although there may be shocking situations, the judiciary must be left, again in general, out of the electorate's reach. The people's will already guides the other two branches.
 
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