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The State Judicial Selection and Removal Process Law Essay

Essay Instructions:

Each state within the United States has its own unique judicial selection process within its own court system. Each state also has unique steps that can be taken to remove a judge from office for disciplinary reasons. In this assignment, you will detail your state's judicial selection and removal process.
Using the Internet or Strayer University Online Library, research the judicial selection process for different court systems from different states within the U.S. Court System.
Write a 3–4 page paper in which you:
Discuss the judicial selection process of your state(South Carolina) and one other state. Include, at a minimum, the qualifications and steps that are taken in order to select judges for the different kinds of courts (Supreme Court, Courts of Appeals, Bankruptcy Appellate Panels, District Courts, Bankruptcy Courts, and Article I Courts) within your specific state. (In Order to use the Strayer library the Username is : SU200233570, the Password would be Applepie234*
Next, identify the steps that the relevant persons/entities need to take in order to remove a judge from office for disciplinary reasons for each state.
What impact do you think the qualifications of a judge, and the potential for disciplinary action, have on judicial decision making?
Provide three quality sources—the textbook may be used as one reference source.
The specific course learning outcome associated with this assignment is:
Explain the function of the American court system in its operational role within the government, the rule of law, and society.

Essay Sample Content Preview:

State Judicial Selection and Removal Process: South Carolina and Virginia
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State Judicial Selection and Removal Process: South Carolina and Virginia
The fundamental values of any country and state are expressed in its constitution which is upheld and interpreted by the judicial branch of the government. The court system's role in society is realized through the maintenance of the rule of law for the regulatory enforcement and protection of institutions, entities, and persons. The U.S. has several interconnected court systems in its judicial mandates connecting the government and the society through the rule of law. Each state has its court structures and procedures as noted by Simon et al. (2018) depending on their constitution and judiciary statutes as well as the influence of the federal modeling. The significance of the judicial system’s role to the government -state and federal- and the society makes it one of the most vetted and critiqued selections and is dependent on state statutes and constitutions. Scott (2017) notes that South Carolina and Virginia are the only two states that rely on the state's legislative election methods of selection in different levels of courts. Analyzing both states’ selection and removal systems is a great way to determine the reason the governments still depend on the system. A comparative analysis of the two state’s court systems offers comprehensive coverage of the advantages and disadvantages of the judicial selection method.
Scott (2017) explained the criticism towards the election process adopted by South Carolina and Virginia states is because of the bias that may be realized through the selection and appointment process which values relationships over qualifications. Judges in South Carolina are appointed by the Judicial Merit Selection Committee (JMSC) which consists of ten members- a minimum of which six must be lawmakers- before approval by the general assembly while two must be from the general public (Anastopouolo, n.d.; SCPC, 2018). The JMSC is selected by the House Speaker, the president pro tempore of the Senate, and the chairman of the Senate Judiciary Committee. In South Carolina, the Supreme Court has five judges who are elected for ten-year terms but the state has a member elected every two years (Anastopouolo, n.d.). On the other hand, Virginia has seven supreme court judges who serve for 12 years before coming back for re-election (Ballotpedia, n.d). According to the American Judicature Society (2014) the qualifications of the Supreme Court, Court of Appeals, and Circuit Courts in S.C. require a U.S. citizen between 32-72 years old, state residents for at least 5 years, and must be a licensed attorney for 8 years. One of the notable differences in the Supreme Court qualifications between the states that in 2015, Virginian increased the serving age from 70-73 while S.C remains at 72 (Ballotpedia, n.d.). The State of Virginia Article 6, Section 7 requires Supreme Court- and all judges from other courts- to have been admitted to the bar five years before the appointment/election and are supposed to reside within the jurisdiction of one of the courts (Virginia Law, n.d.). The appointing committee requirements al...
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