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Assignment 1: The State Judicial Process and Removal Process 1 SOC 205 Assignment 1: The State Judicial Process and Removal Process Strayer University SOC 205 Assignment 1: The State Judicial Process and Removal Process Introduction Each state within the United States has its own unique judicial selection process within its own court system. Each state also has unique steps that can be taken to remove a judge from office for disciplinary reasons. In this assignment, I will Discuss the judicial selection process of North Carolina and Maryland. What qualifications and steps that are taken in order to select judges for the different kinds of courts (Supreme Court, Courts of Appeals, Bankruptcy Appellate Panels, District Courts, Bankruptcy Courts, and Article I Courts) within your specific state. Next, identify the steps that the relevant persons/entities need to take in order to remove a judge from office for disciplinary reasons for each state. What impact do you think the qualifications of a judge, and the potential for disciplinary action, have on judicial decision making. Judicial Selection Process When it come to the judicial selection process of North Carolina. In the state of North Carolina to remove or impeach a judge. A judge can be impeached by the house of representatives and convicted by a two -thirds vote of the senate. One would have to show that the mental or physical incapacity by joint resolution of two thirds of the members of each house of the general assembly. the last way would be on the recommendation of the judicial standards commission the supreme court may censure or remove a judge. The judicial standards
commission are just regular lawsuits filed against a judge that are investigated by the judicial standards commission[ CITATION Nat201 \l 1033 ]. When it comes to the judicial selection process of Maryland. In the state of Maryland judges can be removed from their position in one of four ways. Judges may be removed by the governor upon the address of the general assembly with the concurrence of two-thirds of the members of each house. Judges may be retired by the general assembly with a two-thirds vote of each house and the governor's concurrence. Judges may be impeached by most of the house of delegates and convicted by two-thirds of the senate. Judges may be removed or retired by the court of appeals on the recommendation of the Judicial Disabilities[ CITATION Nat201 \l 1033 ]. Maryland Commission on Judicial Disabilities. has proposed suspending judges they find to have engaged in misconduct until a final disciplinary decision is made by the Court of Appeals. The process starts through the Maryland Commission on Judicial Disabilities, and the court of appeals review accusations against judges. If the outcome founded decides an offense has been committed, it justifies suspension or removal from office although it will not occur immediately. Maryland’s highest court which is, The Maryland Court of Appeal must weigh in after the case has been reviewed, which will include a hearing in where the accused judge can further defend themselves. the process during this phase could take months. In ending, although, the process of removing a judge is lengthy is designed to protect judges’ rights to due process. Based on the American Bar Association guidelines, it does recommend temporarily suspending a judge who has perpetrated a “serious violation,” defined as either a felony or lesser crime that displays negatively on the judge’s honesty, integrity, or competence to do the job[ CITATION Nat201 \l 1033 ]. Different Kinds of Courts The Supreme Court of North Carolina is the state’s highest court, and there is no further appeal from its decisions on matters of state law. It is made up of the Chief Justice, who also
involving children younger than 18[ CITATION Unk5 \l 1033 ]. In the state of Maryland, the district courts hear cases that involve the jurisdiction of the District Court includes all landlord- tenant cases, replevin actions, motor vehicle violations, misdemeanors and certain felonies. In civil cases, we have exclusive jurisdiction in claims of $5,000 or less, and concurrent jurisdiction with the circuit courts in claims for amounts above $5,000 but less than $30,000[ CITATION Unk6 \l 1033 ]. In criminal cases, we have concurrent jurisdiction with the circuit courts in cases in which the penalty may be confinement for 3 years or more or a fine of $2,500 or more and certain felonies. The District Court does not conduct jury trials[ CITATION Unk6 \l 1033 ]. The Court of Appeals is the highest court in the State (commonly called the Supreme Court in other states and at the federal level). It hears cases almost exclusively by way of certiorari, a process which gives the court discretion to decide which cases to hear. However, the Court of Appeals is mandated by law to hear cases involving legislative redistricting, removal of certain officers, and certifications of questions of law. The Chief Judge, Mary Ellen Barbera, sits on the Court along with six other judges. All seven judges hear oral arguments on each case unless a judge removes him/herself from a case; in this event, a judge from another court, or a retired appellate judge, may be specially assigned to sit in the place of the recused judge. Some impacts that might way in the decision making process would be the fact that they do not have the knowledge for the courts as they should or that they are bias when it comes to ruling in court cases also the fact of age and metal capacity[ CITATION Unk6 \l 1033 ]. References courts, N. c. (2020). Methods of Judicial Selection: North Carolina. Retrieved from Removal of Judges: http://www.judicialselection.us/judicial_selection/methods/removal_of_judges.cfm? state=NC
Unknown. (n.d.). Maryland Courts fair, efficent, and effective justice for all. Retrieved from District Court of Maryland: https://www.courts.state.md.us/district Unknown. (n.d.). North Carolina Judicail Branch. Retrieved from Supreme Court: https://www.nccourts.gov/courts/supreme-court
