Selection and appointment of magistrates. MAGISTRATES: qualification, selection/appointment, role and training Flashcards 2018-12-22

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Elected vs. Appointed?

selection and appointment of magistrates

In Illinois, as elsewhere, attorneys were the largest single source of campaign funds for nearly all categories of judicial campaigns, with candidates for retention receiving the largest percentage of attorney contributions. The Commission evaluates some 300 to 350 candidates per year. At a minimum, if the friends of civil justice reform are inclined to support merit selection they must understand that they must be vigilant in ensuring either that the organized bar associations in their states do not become captured by anti-tort reform interests, and that, in particular, such bar associations are not permitted to control the chokepoints in the judicial screening process. There is some evidence that elected judges in the nineteenth century did feel freer to overturn the acts of legislatures, but the risk to the rule of law posed by judges beholden to popular electors the problem that worried Hamilton, Tocqueville, and Bryce was still a real one. The great majority are white, reflecting the relatively low minority representation at the bar of most states.


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The Selection and appointment of United States magistrate judges (Book, 1993) [designr.it]

selection and appointment of magistrates

In both cases, incumbents overwhelmingly win re-election. There is a right of appeal from magistrates' decisions on points of law to the Queen's Bench Divisional Court. However, a judge could resign or be removed earlier on the ground of misbehavior or of a mental or physical infirmity if the privy council on the reference by the Crown so recommended. In some courts magistrates will also be involved in delivering certain aspects of non-legal training. Because of the large number of magistrates, the training is carried out in local areas, sometimes through the clerk of the court, sometimes through weekend courses organized by universities with magistrates from the region in attendance.

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Qualification, Selection and Appointment of Magistrates

selection and appointment of magistrates

Magistrates generally sit in threes in order to give judgement on a variety of cases in , and. Those who point to recent California experience might suggest that at the state level accountability for judges requires some form of retention elections rather than lifetime tenure, but the data on retention elections is so far inconclusive. Pursuant to Constitutional provision, California trial court judges are also elected, but the election, although non-partisan, may be contested. Streb of Northern Illinois University By 1927, twelve states selected judges in nonpartisan elections. Today, about 90 percent of state judges must run for office, and the elections have become increasingly expensive and nasty.

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The Case for Judicial Appointments

selection and appointment of magistrates

Therefore, the bench would never be a true cross-section of society. Obvious problems with legislative appointments include the danger of partisan politics, the possibility of cronyism, and the limitations imposed by the fact that it is likely that there will be only a narrow field of candidates known to the legislators. Alexander Hamilton, in Federalist No. In efforts to target minorities adverts are placed in publications such as Caribbean Times, the Asian Times and Muslim News. During their first year a new magistrate will have six formal sittings attended by their mentor, each of which is followed by an opportunity to discuss the day's business with their mentor.


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The Case for Judicial Appointments

selection and appointment of magistrates

Conclusions There seems to be general agreement that no single subject has consumed as many pages in law reviews over the past 50 years as the subject of judicial selection, but until recently there appeared to be a rough consensus among empirical social scientists that the method of judicial selection had little impact on the quality of judges selected or on the outcome of cases over which they presided. Ancient India had a fairly well-developed system of administration of justice. The Chartered Act of 1935 enacted by the British Parliament which centralized the whole legislative machinery and provided for appointment of law commission was a great step towards the unification of laws and courts. The Chief Executive is Dr Richard Jarvis, with Sharon Foster-King as Head of Operations and Alice Ripley as Head of Policy and Change. The anonymous feature of the ratings opens the possibility of concealed personal attacks, and this has been a persistent criticism of the system, but it can also be argued that few raters would provide candid, negative information concerning a sitting judge before whom they regularly appear or concerning a candidate before whom the rater might appear once the candidate is appointed to the bench. I venture to predict that sooner or later these innovations will have dire results and that one day it will be seen that by diminishing the magistrates independence, not judicial power only but the democratic republic itself has been attacked. The appointments are made by the.

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Appointments of Justices

selection and appointment of magistrates

The act for the first time guaranteed a security of tenure to the judges who could be removed by His Majesty only on the ground of proved misbehavior or infirmity of mind or body. Every close call went against us. The two goals stressed by Alexander Hamilton in Federalist 78, and championed principally by opponents of judicial elections are: 1 the independence of the judiciary in order to promote the rule of law and 2 the quality of the judges themselves believed to be best secured by placing them above partisan politics. They usually sit as one of a bench of three magistrates, together with a qualified legal adviser who can advise them on matters of law and procedure. Lord Chancellor and Secretary of State's Directions for Advisory Committees on Justices of the Peace. Logo of the , which was founded in 1913 and promoted the use of retention elections. Generally, the highest percentage of commissioners are in their 40's and 50's.

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The Selection and appointment of United States magistrate judges (Book, 1993) [designr.it]

selection and appointment of magistrates

Originally stipendiaries were not required to have any qualifications, however they could only be appointed from the ranks of barristers from 1839 and solicitors from 1849. Sections 29-31 of the Act then set out the Lord Chancellor's options. In The Product Liability Mess, Justice Richard Neely of the West Virginia Supreme Court of Appeals stated: As long as I am allowed to redistribute wealth from out-of-state companies to injured in-state plaintiffs, I shall continue to do so. The bind over is not a punishment, but a preventive measure, intended to ensure that a person guilty of a minor disturbance does not re-offend. As time went on, public trust in elected judiciaries wavered, and citizens who viewed the courts as overrun by machine politics began looking for alternative methods. Magistrates deal with less serious criminal cases, such as minor theft, criminal damage, assaults, public disorder and motoring offences. The enactment of Civil Procedure Code, Indian Penal Code and Criminal Procedure Code in the years 1859, 1860 1861 respectively paved the way for the amalgamation of the dual system of courts and finally the object was achieved by Indian High Court Act, 1861.

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New Merit

selection and appointment of magistrates

This book could not be more timely. Other difficulties in merit selection are caused by tensions between the lawyer and the non-lawyer commission members. According to The National Strategy for the Recruitment of Lay Magistrates 2003 , 6 percent of magistrates are of an ethnic minority background which is close to the 7. Section 25 of the 2005 Act sets out the statutory qualifications for appointment. You may type any additional text or formatting codes that you need, such as brackets or unusual indents. The , in particular, comes in a variety of forms.


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Training of magistrates

selection and appointment of magistrates

This conventional wisdom, may, however, be about to change, as a result of one of the very latest pieces of research, published this year in the University of Chicagos prestigious Journal of Law and Economics. Inasmuch as neither the President nor the Senate was directly elected, it may fairly be said that the drafters of state constitutions opted for a more democratic alternative than the drafters of the federal constitution, but the idea of direct election of judges was still a generation away. This inserts only a ParaNum code. Anecdotal evidence is also consistent with these observations. Remarkably, although the provision of the United States Constitution which provides for lifetime tenure for judges appointed by the President has never been altered, most states, for the purpose of choosing their own judges, have opted for some sort of popular election, at either the point of initial judicial selection, or for later retention.

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