09/16/2014
ENGL-101-16
Ms. Kimberly B. Ward
Should Judges be Appointed or Elected Introduction and Outline Since the United States Democracy was first established, legislators and constituents have asked the question “Should judges be appointed or elected?”. Many state legislators have argued that since judges make decisions that directly affect constituents, they must be elected and nonpartisan races are held for judgeships. On the other hand, the United States Constitution states that all federal judges shall be appointed to the bench and have lifetime tenure so as to preserve judicial independence. Although this policy may sound admirable, this method oftentimes leads to higher executives appointing their personal comrades, …show more content…
thus creating corruption in the judiciary branch.
I. Appointments Lead To Corruption.
A. Testimony
1. Opening statement will include a quote from Senior Associate Justice, and now Chief Justice, of the North Carolina Supreme Court Mark Dean Martin.
2. State Martin’s appointment to the Chief Justice position by Governor Pat McCrory and then the appointment of NC Court of Appeals Judge Robert N. Hunter Jr. to fill Martin’s vacant seat.
B. A Corrupt Appointment.
1.
Elaborate how McCrory’s actions is a slap in the face to the voters of North Carolina, who will be making the decision for themselves in November.
2. Both Martin and Hunter are candidates in the 2014 General Election in November and McCrory’s decisions obviously shows unfair favoritism and corruption.
II. The People Should Decide Who The Right Choice Is.
A. Ask How Do Local Judges Affect Their Communities?
1. Elaborate on how local district court and resident superior court judges affect constituents in their community.
2. State that a judge should have a good relationship with the locals so as to determine what is best for the local judicial system.
B. Testimony of Why Local Judges Should Be Elected.
1. Explain that in order to have a good relationship with the people, the people should decide who is best for them and their community, not a governor in a far away city.
2. Give the testimony of the Honorable Judge Ola Lewis, Senior Resident Superior Court Judge of the 13th Judicial District of North Carolina, and the importance of a judge having a good relationship with local constituents and why they must be elected. Offer her experience as a district and superior court judge as the reason for being qualified to answer this …show more content…
question.
III. Lifetime Tenure Is Unacceptable.
A. Accountability Is Needed.
1. State that lifetime tenure with appointment does not require judges to be accountable in their decisions.
2. Tell how lifetime tenure does not require judges to be accountable for their decisions because impeachment and removal from office is nearly impossible because of political gridlock and personal agendas of legislators.
B. Lifetime Tenure Leads To An Overall Decline In Productivity.
1. State that lifetime tenure also leads to a decline in productivity.
2. Tell that without pressure from the people to move forward with cases at a reasonable pace, it leaves room for lollygagging in the judicial process.
Conclusion Paragraph
A.
Conclusion
1. Wrap up everything in the paper and restate the thesis with examples from the above paragraphs to back the thesis.
Works Cited
American Constitution Society, Mark Dean Martin Interview. “Judicial Independence in Peril?” Online video clip.
YouTube. YouTube, 24 August. 2011. Web. 16 Sept. 2014.
Blythe, Anne. "McCrory Appoints Mark Martin Chief Justice of NC Supreme Court." Local & North Carolina State News from Raleigh, NC | NewsObserver.com. Local & North Carolina State News from Raleigh, NC | NewsObserver.com, 18 Aug. 2014. Web. 16 Sept. 2014.
Bracken, David. "McCrory Appoints Bob Hunter to Fill NC Supreme Court Vacancy." Local & North Carolina State News from Raleigh, NC | NewsObserver.com. Local & North Carolina State News from Raleigh, NC | NewsObserver.com, 20 Aug. 2014. Web. 16 Sept. 2014.
Carlton, Alfred P. Federal Judges: Appointment Reform (2002): 5. 1 Apr. 2002. Web. 16 Sept. 2014. <http://search.proquest.com/docview/221492659?pq-origsite=summon>.
Singletary, Honorable Judge Ola Lewis, Senior Resident Superior Court Judge 13th Judicial District of North Carolina. Personal interview. 13 Sept.
2014.
Taylor, Stuart Jr. "Life Tenure Is Too Long for Supreme Court Justices." The Atlantic. Atlantic Media Company, 28 June 2005. Web. 16 Sept. 2014.