FREE Grades 7-12: Why Judges Matter: The Selection Process

The two core concepts found in the United States Constitution for creating a government are separation of powers and a system of check and balances. How judges are selected for the federal courts is a perfect example of how the Framers of the Constitution incorporated them into our government. While the judiciary is a separate and distinct but equal branch of government with the executive and legislative branches, both of these branches are involved with choosing judges. Article II, Section 2 provides that the president shall nominate and by and with the Advice and Consent of the Senate, shall appoint . . . judges of the Supreme Court . . . and other officials of the United States. For most of our nation’s history, the process of the president nominating someone to become a judge and the Senate confirming that nomination was fairly quick and non-controversial. However, beginning with some of President Ronald Reagan’s nominees in the 1980s and with the debut of 24 hour news media, the process has become highly visible and, at times, contentious.

How judges are selected for state courts varies from state to state. Some states have judges appointed and some states have judges elected. One example of the appointment process is the Missouri Non-Partisan Court Plan that has served as a model for many other states throughout the country. In that plan, all appellate level judges are selected through a combination of actions by the judiciary and executive branches, followed by a retention vote by the people. In recent years, some critics of the Missouri Plan have campaigned for various changes to how Missouri judges are selected. Some suggest election of all judges and some suggest going back to the election system Missouri had when it first became a state.

What method do you think works best? What are the advantages and disadvantages of appointing judges? What are the advantages and disadvantages of electing judges? How should a judge handle him/herself during the selection and confirmation process? Should we consider changes to the selection process of our federal judges? In honor of Constitution Day 2010, HEC-TV Live! and the Missouri Bar invite you and your students to explore these questions and more as you join our panel of federal and state judges for a fascinating conversation on the selection process used to fill federal and state judicial vacancies. Panelists for this program will include Judge Michael Wolff of the Missouri Supreme Court, Judge Rodney W. Sipple of the U.S. Federal District Court of Appeals for the Eastern District of Missouri, and Judge Mary Ann Medler, Magistrate Judge for the U.S. District Court Eastern District of Missouri.

HEC-TV

9/17/10 11:00 - Noon
Deadline for registration is 9/10/10

Helen Headrick
utilization@hectv.org
3655 Olive St
St Louis, MO 63108
United States