At the federal level, judges are nominated by the President and then those nominees have to be approved by the Senate. The U.S. Constitution does not specify how states can choose their judges so different states use different methods. The three most common methods used by states are listed below:
Method 1: Direct elections - Candidates raise money and campaign to be a judge. The voters then elect one of the candidates.
Method 2: Appointment - In this method, state judges are appointed by the Governor. There is often no legislative approval required. A couple of states have the state legislature appoint judges, but usually it is the Governor.
Method 3: The Missouri Plan - This is a compromise between methods 1 and 2. In the Missouri Plan, the governor appoints judges, but the governor must make each appointment from a list of three candidates recommended by a judicial nominating commission. The commission is made up of a sitting judge, several legal experts, and some private citizens. Each judge named by the governor serves until the next election. The judge's name then appears on the ballot without opposition. The voters decide, in a yes-no vote, whether or not that judge should be kept in office. Should the voters reject a sitting judge, the process begins again.
Read the information above about the three methods most commonly used to select judges at the state level. Pick the method that you believe is the best. Write a paragraph persuading your fellow Ohioans that Ohio should start using this method. If you agree with how Ohio already chooses its judges, then persuade a different state to use our current method. Your essay needs to provide three (3) arguments supporting your method of choice, and you need to back these arguments up with supporting details. For example, you could use constitutional principles to back up your arguments. (6 points) *
Identify three (3) ways that you are impacted by your state or local government. What are some services provided by these levels of government? Why doesn't the federal government take on more of this role? Your essay should mention the principles of federalism and limited government and explain how they apply to this question. (6 points)
To persuade fellow Ohioans to adopt the Missouri Plan for selecting judges at the state level, I would highlight three key arguments. Firstly, the Missouri Plan ensures a balanced selection process by involving a judicial nominating commission composed of legal experts and private citizens. This commission evaluates potential candidates objectively, based on their qualifications and merits, rather than their ability to fundraise or campaign. This eliminates the influence of money and politics in the judicial selection process and promotes the selection of qualified judges.
Secondly, the Missouri Plan provides a system of checks and balances between the governor and the voters. The governor appoints judges from a list of three candidates recommended by the commission, but voters have the final say. They have the opportunity to vote in a simple yes-no election to retain or reject a sitting judge. This direct involvement of the voters ensures accountability and allows them to have a meaningful voice in the judiciary.
Thirdly, the Missouri Plan promotes stability and continuity within the judiciary. Judges appointed under this plan serve until the next election without opposition. This reduces the need for judges to focus on re-election campaigns and allows them to concentrate on their duties. Furthermore, the retention vote provides an opportunity for the voters to assess the judge's performance and decide whether they should continue in office.
In terms of being impacted by the state or local government, there are several ways in which individuals are directly affected. Firstly, state and local governments are responsible for providing essential services such as education, healthcare, public transportation, and emergency services. These services directly impact citizens' daily lives and overall quality of life.
Secondly, state and local governments have the authority to enforce and implement specific laws and regulations that are tailored to the needs and priorities of their communities. This ensures a greater level of responsiveness and accountability to local concerns and issues.
Lastly, state and local governments play a significant role in shaping economic development policies and fostering a favorable business environment. They have the power to attract investments, promote entrepreneurship, and support job creation at a local level.
The reason the federal government does not assume a larger role in providing these services is due to the principle of federalism. Federalism divides power between the national government and state governments, allowing each level to have distinct responsibilities and jurisdictions. This division of power is intended to protect individual liberties, ensure local autonomy, and prevent an overly centralized government.
Additionally, the principle of limited government suggests that the federal government should be limited in its scope and not excessively involved in areas that are best handled by state and local authorities. This allows for greater efficiency, diversity in governance approaches, and a better ability to tailor policies and services to specific regional needs.
In conclusion, adopting the Missouri Plan for selecting judges at the state level in Ohio would ensure a balanced, accountable, and stable judiciary. State and local governments impact individuals through the provision of essential services, implementation of localized laws, and fostering economic development. The principles of federalism and limited government support the role of state and local governments in these areas, as they are best equipped to address the unique needs and priorities of their communities.