How are judges selected at the federal and state levels? Why do the qualifications vary between the two different court systems? What are the policies put in place in an attempt to oversee and ensure qualified judges?

Question

What will be an ideal response?

Answer 1

At the federal level, judges are appointed by the president with the advice and consent of the Senate. Senate confirmation can be a contentious process, but it is not because of the qualifications the judge must hold. There are almost no formal qualifications for federal judges-the Constitution and federal law are silent on the matter. However, it should be noted that positions in the federal judiciary are prestigious and attract highly qualified, seasoned attorneys. At the state level, there are more qualifications, although those vary from state to state and court to court. Typically, the potential judge must be a resident of the state, licensed to practice law, a member of the state bar association, and at least 25 years old and less than 70 years old. Almost every state requires judges to have a law degree. At the state level, many methods are used to select judges. In some jurisdictions, judges are appointed officials, typically appointed by the state governor. Another form of judicial selection is popular election where judges may run as members of the Republican, Democratic, or other parties. The Missouri Plan was created to pick judges in a nonpartisan way. A judicial nominating commission selects and nominates potential candidates for the bench, then an elected official makes appointments from the list submitted by the commission. Subsequent nonpartisan and noncompetitive elections take place. This is an effort to maintain the quality of the judiciary and avoid appointees who are cronies or who have made significant political contributions.