Issues Associated with Election of Judges in Texas
Texas is among the few states in the US where judges at all levels of court compete in partisan elections. However, this process of selecting judges is among the worst in the world because the most experienced and knowledgeable judges are not always elected. Voters who know little about qualifications and the difference between good and bad judges are tasked with electing them(Philpott, 2018). Voters mostly vote along partisan lines where they elect judges based on their party affiliation as opposed to their qualifications and experience. The problem lies in the system structures that need to be corrected to enable the Texans to enjoy an even justice system where impartiality is prioritized.
To begin with, judges are involved in political campaigns because of partisan elections, which largely contribute to biasness in terms of judgments. If a judge elected on a Democratic ticket presides over a case that involves the chief campaigner of his competitor, the judge is likely to be biased in his judgment. This means that instead of focusing on the merits of the case, the judge will be playing politics and that will lead to justice denied. In other words, the election of judges compromises justice, and most civilians are denied justice on the basis of their political affiliations. For example, in the 2018 general elections in Texas, nearly all the Republican judges were swept out not because they are not qualified or experienced, but because they belonged to the Republican Party (Platoff, 2019). It is for this reason that Governor Greg Abbott is determined to push through judicial selection reforms to change from the current partisan elections to an appointment based on merit. Therefore, the discernment of fairness seizes to exist because of the political nature of selecting judges in Texas.
Judges susceptibility to theatrical shifts
Second, Judges in Texas are mostly susceptible to theatrical shifts in conceptual enthusiasm that decides the judges elected in office. Sometimes good judges exit the judicial system because of elections that mostly incline to partisan lines. For instance, during the 2018 elections, at least 58 senior judges who have massive qualifications and experience were voted out in Harris County not because they were bad or partial in their judgments, but because they were not Republicans (The Editorial Board, 2019). Unfortunately, this is not a new case because, in 1994, a similar incident occurred where 19 Democratic Judges were swept out because of their political affiliations. If 58 most senior judges were swept out of office because of politics, it means that they were replaced by ill-equipped and inexperienced judges who are going to play politics instead of delivering justice. Therefore, the partisan selection of judges in Texas is a total mess that needs to be corrected.
Moreover, the partisan election of judges has completely eliminated judges from the minority side. The majority of the judges elected in the chambers come from the majority side, which means that there is no impartial representation. In other words, there is a lack of minority representation in the chambers, even though some of them are senior judges and most qualified. For example, as mentioned, at least 58 senior judges were swept out because of partisan elections. One of the key judges that went home is Judge Marc Carter, who did not retain her position because she was a Democrat (The Editorial Board, 2019). If she was on the majority side, she would have been elected, but since she was on the minority side, she did not make it. That is just one example that paints the picture of what happened in all the counties across Texas. The minority side is not represented at all, and that means that voters who incline to Democratic Party are likely not to receive justice in the courts because they are minority side and have no one to defend them (Philpott, 2018). Therefore, something has to be done to change the system and sanitize the selection of judge to make sure justice is served to all Texans, including the minority.
Because of these issues, the process of selecting judges in Texas has been highly criticized. Both Texans and other civilians in the country have criticized the process and call for reforms. For example, when asked for an opinion on the selection of judges in Texas, Tom Philips, a former Texas Supreme Court chief justice explained that the system is tainted by the nature of politics that leads to the election of unqualified or inexperienced judges in the chambers (Platoff, 2019). He recommended that reforms need to take place to change the system to allow the governor to appoint judges after going through a thorough vetting process. The same sentiments are shared by Governor Greg Abbott, who supports the idea of reforming the judicial selection process. He is highly to push through the reforms as part of his legacy. It has dawned to him and most leaders in Texas that voters are not knowledgeable enough to be involved in selecting judges to the chambers.
References
Philpott, B. (January 30, 2018). “What’s the Deal with Texas’ System of Electing Judges?” Austin’s KUT 90.5 Station. Retrieved from org/post/whats-deal-texas-system-electing-judges“>https://www.kut.org/post/whats-deal-texas-system-electing-judges
The Editorial Board. (April 27, 2019). “Partisan judicial elections are wrong for Texas.” Houston Chronicle. Retrieved from https://www.houstonchronicle.com/opinion/editorials/article/Partisan-judicial-elections-are-wrong-for-Texas-13799513.php
Platoff, E. (July 15, 2019). “State leaders again want to review how Texas elects judges. Will they end partisan judicial elections?” Texas Tribune. Retrieved from https://www.texastribune.org/2019/07/15/texas-partisan-judicial-elections-reform-abbott-support/
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