In some countries there is a selectionjudge by election Makes those who are not in the academic circle wonder if it is possible or not. And what are the advantages and disadvantages? along with the democratic trend that has called forjudicial powermust be connected to the people
Therefore, the system for selecting judges is said to be Is it possible for us to elect judges and change the course of trials to a jury system? And when there is a chance, the story will be told by the jury.
The election of judges by the people was the result of the Jacksonian Philosophy. The constitution stipulates that civil servant positions have a period of time and that people must be rotated.
that the appointments are often biased and especially the judiciary If using the popular appointment system in the UK, it stays forever. allowing these judges to decide the case without fear of anyone Even if you don’t like it for any reason
The Jacksonian doctrine prevailed between 1830 and 1869, with Vermont becoming the first state to adopt a public judicial system. and spread across the country to two-thirds of all states
However, the election of judges like this turned into a political battle. Until there are people who have proposed to return to the appointment system again. Therefore, there was a compromise, namely the appointment of judges by the administration. by having an organization screening the individual and the person appointed by the administration to be confirmed by the public whether or not to hold office
Called the American Bar Association Plan, Missouri first formally adopted it in 1937, so it’s popularly known as the Missouri Plan.
However, although the Missouri Plan is a very good plan, But most states continue to use the electoral method. by trying to reduce the shortcomings of the election That is, the State Bar Association will advise the public on which of the candidates are qualified to the extent that the people should be elected as a judge.
Since the United States is a federal state, there are 50 federal and state governments in which state judges enter office through direct elections by the people.
Citizens who hold sovereign powers must exercise judgment in selecting candidates based on their legal competence. work history honesty good deeds from the past to the present, etc., by which applicants can issue announcements in various media
In county courts where local government is lower than the state but higher than the municipality or town/township. (The United States is a three-tier local government where judges are directly elected by the people. and has a term of office of 4 years
Applicants must undergo legal training. Has jurisdiction over all cases arising in the District Court (except for cases under federal jurisdiction, such as international trade cases. or terrorism cases, etc.)
These judges, though from their selection, are highly professional. but will talk and be comfortable with all parties, including the general public
small cases Born in the lowest level of local government, ie, municipality, town/township, such as traffic cases, etc., will be adjudicated by Magistrate or Justice of the Peace without a jury.
Importantly, these judges do not need a degree or a legal degree. and will enter the position by hiring from a local leader or mayor Such judges will have a Mayor responsible for all administrations such as contracts.
If any judge is found to behave improperly or has any impairment in the performance of his duties, the employment contract can be terminated at any time. Judges at this level, despite being employed by the administration but will perform his duties seriously. There are no exceptions to the management personnel.
Pros and cons of electing judges
Although there are advantages that are in line with democratic principles. The principle of separation of sovereignty The principle that sovereignty belongs to the people The principle of balance of power But there are disadvantages as well:
1. Short working life
The election made the work of the judges. There is a time limit for having to retire by rotation while just having a job. New entrants have to start a new job.
There is a solution which is for the judges who are already in office to continue working. In addition, the tenure of a judge of the High Court (Appeal/Dika) which must be recognized by the Senate can last for life.
2. Choose the wrong person
Elections are based on how many people vote. which may diagnose the wrong person especially in urban society It is difficult to get to know each candidate fully. The solution is to allow the Bar Association to determine the initial list. But there was no decisive effect. Because in the past, there were not many people who were not nominated by the Bar Association.
3. Lack of independence or political interference
Sometimes in hopes of getting results in the next election There may be judgments based on people’s trends or party trends. There are solutions using Social Sanction and Judicial Ethics, which in the United States has a very strict tradition. Violators will never be re-elected.
Should we use the method of electing judges?
My answer is No method of selection is applicable to every country or to all courts. Because political opinions, habits, history and local conditions determine which method should be used.
And we must not forget that the selection of judges is related to the legal system. Amendments to the legal system or legal reforms must go hand in hand with amendments to the way judges are selected. Most importantly, regardless of the method of obtaining the judges There must be a connection with the people who own it.sovereigntyThe real one.