Judicial Selection
The selection process for a judge in the state of Missouri takes place through a merit selection and specifically the assisted appointed methodology. Missouri is the first state to have the merit selection method in the section of judges and the method is called the Missouri plan and has been operating since the 1940s. In other states, the method has been used by more than 34 states but with a different variation. The selected judges run for a retention election on a yes or no vote though at the same time they hold their status and offices (Fortson & Knudsen, 2015). The circuit judges are chosen through the method of partisan elections and are expected to run for re-election if they want to serve any additional terms. As from January 1st, any judge that is elected in the state of Missouri will start serving immediately as per the constitution.
In Florida, there are 7 justices in the Supreme Court and at least 32 justices from the districts courts of appeal and are all selected in a similar manner of the Missouri method. Commission from the judicial nominating section check out any potential judicial prospect and submit a list of only 3 nominees to the seating governor (Goelzhauser & Cann, 2014). The governor is now tasked with choosing the most suitable from the list. During the next general elections, the elected judges who still have the interest of serving will be expected to run in an election and when they win they will hold the office according to the law for 12 years. The Supreme Court chief justice serves a period of two years term and then elected through rotation of the peer vote.
One of the most senior among the judges and who has in any case not been a chief justice is selected as the head chief judge. A peer vote is used to elect a chief judge amongst the combined courts of appeals in the district. The length of each term will be heavily dependent on the three court of appeals district (Fortson & Knudsen, 2015). For one to serve in either of these courts as a judge, one must have been a citizen of united states for 15 years or more, for the court of appeals he or she must have been a district resident, licensed law practitioner in the specific state, a qualified voter for 9 years and above, be aged above 30 years but below 70 years since this is the retirement age. If one is interested in continuing with holding office while above the age of 70 years and in any case has not been on the bench for 12 years, a petition can be made to the responsible commission so as to be allowed to continue until the age of 76 years.
Circuit courts have more than 100 judges who are expected to hold the office for a period of 6 years following a partisan election and if one is interested in the office again, a reelection is done (Fortson & Knudsen, 2015). From any court, the judges are selected through a circuit from the judges. For one to serve as a chief judge, he must have a citizenship of United States for more than 10 years, a voter for 3 years and above, resident for more than 1 year, licensed law practitioner and above the age of 30 years. In case there is a midterm vacancy, the circuit courts which use the partisan method of election are expected to replace their judges through the appointment from the governor (Neubauer & Meinhold, 2016). The judges are expected to run for re-election in the next general election if they are interested in serving the full term.
In Florida State, the judges are also selected in two methods and depend on the court level. The judges from the appellate will be subjected to a process popularly known as assisted appointment whereas those in the trial courts are subjects of a nonpartisan election. The term for the judges in this section starts on the first Tuesday which is after the first Monday in the month of January. There are 7 justices from the Supreme Court and at least 60 justices from the districts courts of appeal and are all selected in a similar manner. Commission from the judicial nominating section check out any potential judicial prospect and submit a list of between 3 and 6 nominees to the seating governor (Goelzhauser & Cann, 2014). The governor is now tasked with choosing the most suitable from the list. The judges who are appointed will serve for the next one year and after this period, they will appear for an election of yes or no which is held in the next general election and if one retains the seat, he or she will serve for the next 6 years.
In order for a person to serve as a judge for any of the courts, he or she must have some qualifications. These qualifications include but not limited to state resident, a qualified elector, under the age of 70 and must be admitted as a law practitioner for at least 10 years before being a judge (Neubauer & Meinhold, 2016). If a vacancy occurs at the midterm, the vacancy is filled just like it would have been filled at the end of the term. The commission for the judicial recommends between 3 to 6 candidates to the governor who is qualified to fill in the vacancy and the governor appoints the best to occupy the seat. The newly appointed judge serves for a period of not less than 1 year prior to running for a yes or no election for retention.
It is a mandatory requirement in Florida for a judge to retire once he or she is at the age of 70 and any judge who reaches this age and has already served half the term is allowed to complete his full term. Circuit courts in Florida are at least 597 and each is elected through an election of the nonpartisan (Fortson & Knudsen, 2015). They all serve a term of at least 6 years prior to running for a re-election if one wants to retain their seat. In case there is a midterm vacancy, the judges selected will serve for the next 1 year and after that, they run for a mandatory re-election of office. The chief judge is appointed through peer votes and serves for the next 2 years. The judicial qualifications are also very identical to the court of appellate except that they serve for 5 years instead of the requisite 10 years.
According to the data in terms of the selection of the judges in the state of Florida and Missouri both have almost similar qualification levels but differ in the selection process. For one to be a chief judge in the state of Missouri, one must have a citizenship of United States for more than 15 years whereas in Florida there are no such qualification levels (Neubauer & Meinhold, 2016). The candidates for both states must be qualified voters but in the case of Missouri State, the person has to have 9 years of experience as a voter compared to Florida where there are no such qualifications.
For both cases, a candidate has to be a practitioner of law for more than 10 years and above the age of 30. The retirement period for both states is 70 years of age. In Florida, a judge can be removed from office through an impeachment. Through two thirds voting from the House of Representatives and another two-thirds vote from the senate, a judge can be removed from office in Florida (Fortson & Knudsen, 2015). In Missouri, the impeachments are usually vetted by the Supreme Court or through a special commission for the case of the governor or the justice from the Supreme Court. Florida State can be considered to possess the best system of both selection and that of removal from office. When removing a judge from office, there is the need to vote to see how many want to retain him compared to Missouri where the judge is just tried at the Supreme Court. If many fall for the support of the judge, then the impeachment is not valid at all.
References
Fortson, R., & Knudsen, K. S. (2015). A Survey of Studies on Judicial Selection. Alaska Just. F., 32, 1.
Goelzhauser, G., & Cann, D. M. (2014). Judicial Independence and Opinion Clarity on State Supreme Courts. State Politics & Policy Quarterly, 14(2), 123-141.
Neubauer, D. W., & Meinhold, S. S. (2016). Judicial process: law, courts, and politics in the United States. Nelson Education.
Owens, R. J., Tahk, A., Wohlfarth, P. C., & Bryan, A. C. (2015). Nominating Commissions, Judicial Retention, and Forward-Looking Behavior on State Supreme Courts: An Empirical Examination of Selection and Retention Methods. State Politics & Policy Quarterly, 15(2), 211-238.
Redish, M. H., & Aronoff, J. (2014). The real constitutional problem with state judicial selection: due process, judicial retention, and the dangers of popular constitutionalism. Wm. & Mary L. Rev., 56, 1.
