Judicial Process Ch 4

Judicial independence

A principle establishing that the judiciary must be insulated from ordinary politics and the biases and pressures exerted upon courts by political institutions, such as the legislative or executive branches.

Career judiciary

A professional judiciary akin to civil service, based on competition examinations, requiring specialized education, and under strict supervision by higher courts; in contrast to U.S. judiciaries that are staffed by judges who are generalists by training and selected through a political process.

Blue slip procedure

A senate tradition in which a form on blue paper is sent by the chair of the Senate Judiciary Committee requesting if a senator from the nominee's home state approves or disapproves of the president's judicial appointment. An approval is signified by returning the blue slip; disapproval is signified by not returning the blue slip

Partisan, nonpartisan,mixed election

partisan election: a method of judicial selection used in the states. The judge's political affiliation appears on the ballot. Nonpartisan election: a method of judicial selection used in the states. The judge's political affiliation does not appear on the ballot. Mixed election: a method of judicial selection used in Michigan. Nonpartisan elections select trial and intermediate courts of appeals judges, but partisan nomination and nonpartisan elections select court of last resort judges.

Missouri merit plan

a type of judicial selection method that Missouri adopted in 1940 and that uses appt elective mechanisms to staff state courts with judges who have "merit", or nonpolitical qualifications.

Filibusters

A Senate procedure in which a senator can elect to continue to debate a president's judicial appointment, thus preventing the nomination from getting an up-or-down vote on confirmation by the full Senate.

classic democrat, bipartisan, and republican ideological

Classic democratic model (of judicial selection) a model of judicial selection that is used by Democratic presidents to appoint judges to federal courts. Typically, it rewards those who are faithful to the political party, and less attention is paid to achieving policy goals through the appointment. Sometimes, the president appoints judges as a "symbol" to represent a specific race, gender, or ethnicity. Bipartisan model (of judicial selection) a model of judicial selection that is used by Republican and Democratic presidents to appoint judges to federal courts. Typically a judicial appointment is based on a candidate's professional qualifications in combination with patronage (to reward loyalty to a political party) or symbolic representation (to "represent" a specific race, gender, or ethnicity) criteria. Republican ideological model (of judicial selection): a model of judicial selection that is used by Republican presidents to appoint judges to federal courts. Typically, a judicial appointment is based on achieving policy goals because the judgeship is a symbolic instrument of presidential power.

hybrid merit system

Judicial selection methods that combine "merit" (e.g. selcting judges by gubernatorial appointment after approval from a nomination commission) with other election methods to select or retain judges at the trial or appellate level of state courts.

Senatorial courtesy

The Senate tradition that the president consults with senators from the judicial nominee's home state before nomination.

Judicial accountability

a principle establishing that the judiciary is not "above the law" because it must be held accountable by majoritarian and democratic processes.

Partial merit system

a judicial selection method that gives the governor, or the legislature, more authority to determine if a judge will serve on a state court. Typically, the governor's appointment is approved by a nomination commission (thus demonstrating "merit," or nonpolitical qualifications), but the appt is subject to additional executive or legislative approval (e.g. governors may reappoint an incumbent judge instead of subjecting the judge to a retention election before voters at the next general election).

Judicial "merit" plan

a judicial selection method using a combination of appts and elective mechanisms to staff state courts with judges that have "merit" or nonpolitical qualifications.