Americas Courts And The Criminal

Justice System 10th Edition Neubauer

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 Chapter 8
JUDGES

TEST BANK

MULTIPLE CHOICE

1. What is one of the most frustrating aspects of being a judge?

a. heavy caseloads
b. administrative problems
c. heavy caseloads and corresponding administrative problems
d. working with the courtroom work group

ANS: C REF: Judges within the Courtroom Work Group OBJ: 1 KEY:
Bloom’s: Remember

2. How many states currently use election by legislature to choose judges?

a. none
b. one
c. two
d. three

ANS: C REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s:

Remember

3. The U.S. Constitution specifies that the President of the United States has the power to
nominate judges with the advice and consent of the
a. Judicial Conduct Commission c. U.S. Supreme Court
b. U.S. Senate d. U.S. Department of Justice

ANS: B REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s:

Remember

4. What do senators influence through senatorial courtesy?

a. state judicial selections
b. Supreme Court Justice selections
c. State judicial conduct commission
d. federal judicial selections

ANS: D REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s:

Remember

5. Merit selection is commonly referred to as the

a. California System c. Delaware Selection Method
b. New York Bar System d. Missouri Bar Plan

148
ANS: D REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s:
Remember

6. All states that have altered judicial selection techniques in recent years have adopted
some form of
a. merit selection c. election
b. legislative appointment d. executive appointment

ANS: A REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s:

Remember

7. The United States Constitution specifies that all Article III federal judges are to be chosen
by which form of selection?
a. executive appointment c. bipartisan elections
b. partisan elections d. merit selection

ANS: A REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s: Apply

8. What form of judicial selection requires judges to face a retention ballot after a short time
in office?
a. partisan election c. merit selection
b. gubernatorial appointment d. legislative appointment

ANS: C REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s:

Remember

9. In carrying out responsibilities in court, judges mainly react to the work of prosecutors
and
a. interpreters. c. defense attorneys.
b. court reporters. d. stenographers.

ANS: C REF: The Position of Judge OBJ: 1 KEY: Bloom’s:

Remember

10. Federal judges are appointed for how long?

a. four-year terms c. ten-year terms
b. six-year terms d. life

ANS: D REF: The Position of Judge OBJ: 2 KEY: Bloom’s:

Remember

11. What form of judicial selection is supported as a way to sift out unqualified applicants?
a. partisan election c. nonpartisan election
b. appointment d. merit selection

ANS: D REF: Consequences of Judicial Selection OBJ: 3 KEY: Bloom’s:

Remember

149
12. What term means allegations of judicial wrongdoing?
a. removal c. conviction
b. impeachment d. none of these

ANS: B REF: Consequences of Judicial Selection OBJ: 6 KEY: Bloom’s:

Remember

13. What is a common practice in large courts?

a. courtroom work group shopping
b. judge shopping
c. courtroom shopping
d. bail shopping

ANS: D REF: Judges within the Courtroom Work Group OBJ: 1 KEY:
Bloom’s: Remember

14. What happened to three Iowa Supreme Court justices who rule that a state law banning
same-sex marriage violated the state constitution?
a. they were impeached
b. they were found guilty of ethical violations
c. they were removed from office
d. Nothing

ANS: C REF: Judging the Judges OBJ: 6 KEY: Bloom’s: Remember

15. Which of the following is not a characteristic of the traditional American judge?
a. female
b. upper-middle class background
c. Protestant
d. better educated than the average American

ANS: A REF: Consequences of Judicial Selection OBJ: 4 KEY: Bloom’s:

Remember

16. What percent of federal judges had prior government experience?

a. Less than 10 c. 50
b. 33 d. 80

ANS: D REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s:

Remember

17. Approximately what percentage of state court judges in the United States are women?
a. Less than 10 c. 33
b. 29 d. 50

150
ANS: B REF: Consequences of Judicial Selection OBJ: 4 KEY: Bloom’s:
Remember

18. What percent of federal judges African-American?

a. approximately 11% c. approximately 21%
b. approximately 31% d. approximately 41%

ANS: A REF: Consequences of Judicial Selection OBJ: 4 KEY: Bloom’s:

Remember

19. According to Sally Kenney (2012), what does having women on the bench add to the
institution?
a. legitimacy c. intelligence
b. ethnic diversity d. all of these

ANS: A REF: Consequences of Judicial Selection OBJ: 4 KEY: Bloom’s:

Remember
20. An increasing number of federal court vacancies have been filled by women since whose
presidency?
a. Bill Clinton c. George W. Bush
b. Ronald Reagan d. Jimmy Carter

ANS: D REF: Varying Roads to a JudgeshipOBJ: 4 KEY: Bloom’s: Remember

21. What state was the first to adopt a modern and practical system for disciplining its
judges?
a. Missouri c. Florida
b. Connecticut d. California

ANS: D REF: Judging the Judges OBJ: 5 KEY: Bloom’s: Remember

22. A recent study of judicial voting in thousands of cases showed that in most areas of law
the decisions of female and male judges
a. are always different
b. are never different
c. are often different
d. are rarely different

ANS: D REF: Consequences of Judicial Selection OBJ: 4 KEY: Bloom’s:

Remember

23. With regard to judicial elections, the U.S. Supreme Court has ruled that
a. race is a permissible consideration in drawing congressional voting districts
b. judges cannot be elected in ways that place minority candidates at an unfair
disadvantage
c. it is legal to elect judges from an entire judicial district, which may, unfortunately
“dilute black voting strength”
d. those who draw election districts must consider whether white voters are likely to

151
 vote for minority candidates

ANS: B REF: Consequences of Judicial Selection OBJ: 3/4 KEY: Bloom’s:

Remember

24. Formal methods for removing unfit judges include which of the following?
a. impeachment proceedings
b. recall elections
c. impeachment proceedings and recall elections
d. impeachment proceedings, recall elections, and judicial conduct commissions

ANS: C REF: Judging the Judges OBJ: 5/6 KEY: Bloom’s: Remember

25. In what case did the U.S. Supreme Court announce that candidates for judicial office are
free to announce their views on key issues?
a. Republican Party v. White, 2002
b. Clark v. Edwards, 1988
c. Chisom v. Roemer, 1991
d. Gregory v. Ashcroft, 1991

ANS: A REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s:

Remember

26. Which of the following statements is true about judicial conduct commissions?
a. The hearings are open to the public
b. The commission has the authority to remove judges from the bench
c. The commission investigates all complaints brought to its attention
d. None of these are true about judicial conduct commissions

ANS: D REF: Judging the Judges OBJ: 5 KEY: Bloom’s: Remember

27. Prior to the 1980s, how many federal judges were removed from office?
a. 4 c. 40
b. 25 d. 75

ANS: A REF: Judging the Judges OBJ: 6 KEY: Bloom’s: Remember

28. Federal judges may be removed from office

a. through impeachment procedures
b. through a recall election
c. by presidential decree
d. by the judicial council

ANS: A REF: Judging the Judges OBJ: 6 KEY: Bloom’s: Remember

152
29. If a recommendation of impeachment of a federal judge is made by the judicial council
what entity may vote articles of impeachment?
a. The House of Representatives
b. The Senate
c. The Judiciary
d. The House and the Senate

ANS: A REF: Judging the Judges OBJ: 6 KEY: Bloom’s: Remember

30. According to the Breyer Commission approximately what percent of “high-profile

complaints… filed by attorneys, court personnel, or public officials” were mismanaged
by the federal judiciary?
a. 10 percent c. 35 percent
b. 25 percent d. 50 percent

ANS: C REF: Judging the Judges OBJ: 6 KEY: Bloom’s: Remember

31. If the state judicial conduct commissions find merit to the complaint about a judge they
often
a. work informally to correct the problem c. file formal charges
b. work formally to correct the problem d. file formal warnings

ANS: A REF: Judging the Judges OBJ: 5 KEY: Bloom’s: Remember

32. Over the past several decades, the composition of the bench has become
a. more diverse c. less diverse
b. more white d. more male dominated

ANS: A REF: Consequences of Judicial Selection OBJ: 4 KEY: Bloom’s:

Remember

33. The various selection systems produce judges with

a. very similar backgrounds c. very diverse backgrounds
b. very poor backgrounds d. very productive backgrounds

ANS: A REF: Consequences of Judicial Selection OBJ: 3 KEY: Bloom’s:

Remember

34. How many different major ways are there for judges to be selected in the United States?
a. two. c. three.
b. four. d. five.

ANS: C REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s:

Remember

36. Who is the most prestigious member of the courtroom workgroup?

153
a. the judge c. the prosecutor
b. the defense attorney d. the court clerk

ANS: A REF: Judges within the Courtroom Work Group OBJ: 1 KEY:
Bloom’s: Remember

37. What agency developed the Model Canon of Judicial Ethics?

a. The Supreme Court c. The Judicial Committee
b. The Breyer Commission d. The American Bar Association

ANS: D REF: 199 OBJ: 1 KEY: Bloom’s: Remember

CRITICAL THINKING SCENARIOS

CASE 8.1

In evaluating which judicial selection system is best it is important to determine if one system
produces better judges than another. Judicial folklore has long held that particular systems may
produce superior judges. Several studies have systematically analyzed this folklore. Researchers
use measurable judicial credentials, such as education and prior legal experience, as indicators of
judicial quality.

38. Which of the following statements is true?

a. Some methods of judicial selection produce much better judges than others.
b. Methods of judicial selection make a difference, but not much.
c. Methods of judicial selection make no difference.
d. None of these statements is true.

ANS: B REF: Consequences of Judicial Selection OBJ: 3 KEY: Bloom’s:

Apply

39. Which system is likely to produce judges who were former legislators?
a. the appointment system. c. the Missouri system.
b. the merit system. d. the election system.

ANS: A REF: Consequences of Judicial Selection OBJ: 3 KEY: Bloom’s:

Apply

40. Which system is likely to produce judges who have held political office?
a. the appointment system. c. the Missouri system.
b. the merit system. d. the election system.

ANS: D REF: Consequences of Judicial Selection OBJ: 3 KEY: Bloom’s:

Apply

154
CASE 8.2

A U.S. district judge pled guilty to obstruction of justice for lying to judges who investigated
sexual misconduct complaints. Sentenced to 33 months in federal prison in May 2009, the judge
attempted to retire from the bench, thereby allowing him to draw his salary. He was impeached
and resigned from the bench in disgrace, effectively ending his impeachment trial.

41. Who impeached the U.S. district judge?

a. the House of Representatives

b. the Senate
c. the Supreme Court
d. the judicial commission

ANS: A REF: Judging the Judges OBJ: 5 KEY: Bloom’s: Apply

42. If the proceedings went to trial who would conduct the trial?
a. the House of Representatives
b. the Senate
c. the Supreme Court
d. the judicial commission

ANS: B REF: Judging the Judges OBJ: 5 KEY: Bloom’s: Apply

CASE 8.3

For most Americans, the judge is the symbol of justice. Of all the actors in the criminal justice
process, the public holds the judge most responsible for ensuring that the system operates fairly
and impartially. And most certainly the trappings of office—the flowing black robes, the gavel,
and the command “All rise!” when the judge enters the courtroom—reinforce this mystique. As
important as these symbols are, they sometimes raise obstacles to understanding what judges
actually do and how they influence the criminal justice process.

43. The formal powers of judges extend

a. throughout the criminal court process
b. from arrest throughout the criminal court process
c. from the time an offenders commits a crime to prison.
d. None of these answers is correct

ANS: A REF: Judges within the Courtroom Work Group OBJ: 1 KEY:
Bloom’s: Apply

44. Which of the following is/are the jobs of a judge?

a. arrest offenders
b. record court proceedings
c. impose sentences
d. charge defendants

155
ANS: D REF: Judges within the Courtroom Work Group OBJ: 1 KEY:
Bloom’s: Apply

45. The vast array of legal powers possessed by judges often leads people to
a. overestimate the actual influence of the judge
b. underestimate the actual influence of the judge
c. understand the actual influence of the judge
d. None of these answers is correct

ANS: A REF: Judges within the Courtroom Work Group OBJ: 1 KEY:
Bloom’s: Apply

TRUE/FALSE

1. Judges are under pressure to move their docket.

ANS: T REF: Judges within the Courtroom Work Group OBJ: 1 KEY:
Bloom’s: Remember

2. A judge may decide that a case cannot continue on to trial because s/he believes there is
no probable cause that an offense was committed.

ANS: T REF: Judges within the Courtroom Work Group OBJ: 1 KEY:
Bloom’s: Remember

3. Judges may award jobs to friends, relative, campaign workers, and party members.

ANS: T REF: Judges within the Courtroom Work Group OBJ: 1 KEY:
Bloom’s: Remember

4. Judges are the most prestigious members of the courtroom work group.

ANS: T REF: Judges within the Courtroom Work Group OBJ: 1 KEY:
Bloom’s: Remember

5. “Judge shopping” rarely occurs in large urban courts.

ANS: F REF: Judges within the Courtroom Work Group OBJ: 1 KEY:
Bloom’s: Remember

6. Judges who fail to move their docket may be transferred to less desirable duties.

ANS: T REF: Judges within the Courtroom Work Group OBJ: 1 KEY:
Bloom’s: Remember

7. Over the past several decades, the composition of the bench has become less diverse.

156
ANS: F REF: Consequences of Judicial Selection OBJ: 4 KEY: Bloom’s:
Remember

8. Judges are never elected.

ANS: F REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s:

Remember

9. Most judges are newcomers to political life; most have little (if any) political experience.

ANS: F REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s:

Remember

10. Incumbent judges are very likely to be voted out of office.

ANS: F REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s:

Remember

11. If state judicial conduct commissions find merit to a complaint about a judge, they often
implement formal sanctions immediately.

ANS: F REF: Judging the Judges OBJ: 5 KEY: Bloom’s: Remember

12. The Senate is the entity that votes on articles of impeachment.

ANS: F REF: Judging the Judges OBJ: 6 KEY: Bloom’s: Remember

13. When the executive or the legislature selects judges, fewer district attorneys become
judges.

ANS: T REF: Consequences of Judicial Selection OBJ: 3 KEY: Bloom’s:

Remember

14. In operation, the Missouri Bar Plan increases the power and role of the legal profession in
judicial selection.

ANS: T REF: Consequences of Judicial Selection OBJ: 3 KEY: Bloom’s:

Remember

15. Critics of judicial elections assert that they are fundamentally inconsistent with the
principle of judicial independence.

ANS: T REF: Consequences of Judicial Selection OBJ: 3 KEY: Bloom’s:

Remember

157
16. Research indicates that whether elected by voters, appointed by the governor, or selected
through merit plans, state judges are more alike than different.

ANS: T REF: Consequences of Judicial Selection OBJ: 3 KEY: Bloom’s:

Remember

17. If a complaint against a state judge is serious, the state judicial commission may remove
the judge from office.

ANS: F REF: Judging the Judges OBJ: 5 KEY: Bloom’s: Remember

18. There are three major was that judges are selected in the United States.

ANS: T REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s:

Remember

19. Recent studies show that threats against federal judges are on the increase in the United
States.

ANS: T REF: Consequences of Judicial Selection OBJ: 4 KEY: Bloom’s:

Remember

20. In Miller v. Johnson (1995) the U.S. Supreme Court held that race is a permissible
consideration in drawing congressional voting districts.

ANS: F REF: Consequences of Judicial Selection OBJ: 3/4 KEY: Bloom’s:

Remember

21. Prohibition on conduct that brings the judicial office into disrepute is a requirement of
canons of judicial ethics.

ANS: T REF: Judging the Judges OBJ: 6 KEY: Bloom’s: Remember

22. Examples of judicial misconduct may range from a conviction for drunk driving, to
failing to supervise a courtroom, to taking bribes in return for official acts.

ANS: T REF: Judging the Judges OBJ: 5/6 KEY: Bloom’s: Remember

23. Judges may be impeached.

ANS: T REF: Judging the Judges OBJ: 6 KEY: Bloom’s: Remember

24. Impeachment does not mean conviction, but rather allegations of wrongdoing.

ANS: T REF: Judging the Judges OBJ: 6 KEY: Bloom’s: Remember

158
25. Evidence exists to suggest that the merit selection system systematically produces
“better” judges.

ANS: F REF: Consequences of Judicial Selection OBJ: 3 KEY: Bloom’s:

Remember

COMPLETION

1. A judge’s office is commonly referred to as _____.

ANS: chambers

REF: Judges within the Courtroom Work Group OBJ: 1 KEY: Bloom’s:
Remember

2. Judges are _____ by other members of the courtroom work group.

ANS: constrained

REF: Judges within the Courtroom Work Group OBJ: 1 KEY: Bloom’s:
Remember

3. The formal _____ of judges extend throughout the criminal court process.

ANS: powers

REF: Judges within the Courtroom Work Group OBJ: 1 KEY: Bloom’s:
Remember

4. Judicial _____ Evaluations are an important tool for maintaining judicial accountability.

ANS: Performance

REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s:

Remember
5. The American Bar Association is the national _____ association.

ANS: lawyers’

REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s: Remember

6. The Senate _____ Committee holds a hearing on Presidential judicial nominees before
the full Senate votes to confirm the nomination.

ANS: Judiciary

159
REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s: Remember

7. The U.S. _____ specifies that the President of the United States has the power to
nominate judges with the advice and consent of the Senate.

ANS: Constitution

REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s: Remember

8. When legislators appoint _____, it is quite clear that former legislators are more likely to
be selected than in other systems.

ANS: judges

REF: Consequences of Judicial Selection OBJ: 3 KEY: Bloom’s: Remember

9. Judicial-_____ program helps beginning judges learn their new roles.

ANS: education

REF: Judging the Judges OBJ: 6 KEY: Bloom’s: Remember

10. In _____ elections, the candidate’s political party is listed on the ballot.

ANS: partisan

REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s: Remember

11. Barack Obama demonstrated his commitment to judicial _____ by nominating the first
Latina to the U.S. Supreme Court.

ANS: diversity

REF: Consequences of Judicial Selection OBJ: 4 KEY: Bloom’s: Remember

12. The three major methods of judicial selection include _____, judicial elections, and merit
selection.

ANS: executive appointment

REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s: Remember

13. Judges selected via _____ generally react to public opinion.

ANS: partisan elections

160
REF: Consequences of Judicial Selection OBJ: 3 KEY: Bloom’s: Remember

14. A critical issue in judging the judges is how to devise a system for removing unfit judges
while at the same time guaranteeing judicial _____.

ANS: independence

REF: Judging the Judges OBJ: 5 KEY: Bloom’s: Remember

15. Because of the special role that judges occupy in the adversary system, they are subject to
additional _____ constraints beyond those imposed on lawyers.

ANS: ethical

REF: Judging the Judges OBJ: 6 KEY: Bloom’s: Remember

16. Merit plans are _____ systems, incorporating elements from other judicial selection
methods.

ANS: hybrid

REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s: Remember

17. Judicial _____ commissions consisting of lawyers, judges, and laypersons are used to
investigate allegations of misconduct against state judges.

ANS: conduct

REF: Judging the Judges OBJ: 5 KEY: Bloom’s: Remember

18. State judicial conduct commissions were first created in _____ for the purpose of
disciplining judges.

ANS: California

REF: Judging the Judges OBJ: 5 KEY: Bloom’s: Remember

19. _____ does not mean conviction, but rather allegations of wrongdoing—roughly the
equivalent of a grand jury indictment.

ANS: Impeachment

REF: Judging the Judges OBJ: 6 KEY: Bloom’s: Remember

20. Federal judicial _____ are initially heard by judicial councils, which are the
administrative arm of each U.S. Court of Appeals.

161
ANS: complaints

REF: Judging the Judges OBJ: 6 KEY: Bloom’s: Remember

ESSAY

1. Explain the three main methods of judicial selection.

ANS:
There are three main methods of judicial selection—executive or legislative appointment,
judicial election, and merit selection. Executive appointments entail the appointment of judges
by the President or by state governors, while legislative appointments entail the selection of
judges by state legislators. All federal judges are appointed by the President of the United States.
At the state level, however, very few states select judges by appointment. Judges may also be
selected via partisan or nonpartisan elections in states. Elections are used in many states. The
third method of selection at the state level is the merit system, which is also known as the
Missouri Bar Plan. It is a hybrid system that incorporates elements of the other methods of
selection. With merit selection, a nominating commission made up of lawyers and laypersons
suggests a list of qualified nominees (usually three), from which the governor selects a judge.
This person is put on the bench and, after a short period of time in office, will be considered for
retention. A retention ballot is brought before the public to determine whether or not the judge
should be retained.

REF: Varying Roads to a Judgeship OBJ: 2 KEY: Bloom’s:

Understand

2. Identity the reasons that the American Judicator (n.d.) asserts that merit selection is the
best way of selecting judges.

ANS:
Merit selection sifts out unqualified applicants and searches out the most qualified. Judicial
candidates are spared the potentially compromising process of party slating, raising money, and
campaigning. Professional qualifications are emphasized and political credentials are de-
emphasized. Judges chosen through merit selection don’t find themselves trying cases brought
by attorneys who gave them campaign contributions. Highly qualified applicants will be more
willing to be selected and to serve under merit selection because they will not have to
compromise themselves to get elected.

REF: Consequences of Judicial Selection OBJ: 3 KEY: Bloom’s:

Understand

162
 3. The dominant profile of judges as white males is changing in both federal and state
courts. Discuss how the bench has become more diverse, including whether or not the
research shows that female judges are more liberal than their male counterparts. Also
explain what type of judicial selection method places more women and minorities on the
bench.

ANS:
The traditional American judge was and continues to be a white Protestant male from an upper-
middle class background with an above average education. Furthermore, judges are likely to
have been involved in politics and to represent the political ideology of their constituents or
appointers. However, since the Carter administration, a growing number of women and
minorities have become judges. Studies are mixed on whether female judges are more liberal
than male judges. Black judges are more likely to be found in states that use an appointment
method rather than an election method.

REF: Consequences of Judicial Selection OBJ: 4 KEY: Bloom’s:

Understand

4. Discuss the need to balance judicial independence and judicial accountability. Be sure to
provide examples.

ANS:
The rationale for judicial independence is to protect judges and the judiciary from outside control
and fallout from unpopular decisions. However, procedures must also be in place to discipline or
remove errant judges, because corrupt and wayward judges deface judicial integrity and the
public’s confidence in the judiciary. Therefore, a delicate balance must be struck in the
establishment of procedures and systems to protect the judiciary and the public. Example of the
need for judicial independence include the justices in Iowa being removed from office following
an unpopular decision regarding same-sex marriage and recent attacks on “activist judges.” On
the other side of the issue are judges who engage in judicial misconduct such as jailing
defendants without due process or committing crimes while on the bench.

REF: Judging the Judges OBJ: 5/6 KEY: Bloom’s: Understand

5. Describe the process of impeachment for a federal judge from the complaint stage to the
dismissal stage.

ANS:

163
Judicial councils initially hear and investigate complaints against federal judges and take
necessary action in most cases. Serious cases with substantial evidence are reported to the
Judicial Conference, which may recommend that the U.S. House of Representatives start
impeachment procedures. If the House votes articles of impeachment that specify the specific
charges, evidence and testimony are heard by the Senate Impeachment Committee prior to trial
on the Senate floor. Conviction requires a two-thirds vote of the Senate and carries with it the
removal from office and disqualification from holding any further office.

REF: Judging the Judges OBJ: 6 KEY: Bloom’s: Understand

6. Discuss the role of the judge within the courtroom work group.

ANS:
The public believes that judges are the principal decision makers in courts. Often they are not.
They are constrained by the actions of other members of the courtroom work group. Although
judges still retain the formal legal powers of their office, they often informally share these
powers with other members of the courtroom work group. Sanctions can be applied against
judges who deviate from the consensus of the courtroom work group. Judges who fail to move
their docket may be transferred to less desirable duties. By no means are judges totally controlled
by the courtroom work group. As the most prestigious members of the group, they can bring
numerous pressures to bear on prosecutors, defense attorneys, and others.
The amount of influence judges actually exert on the other members of the courtroom work
group varies. Some judges are active leaders of the courtroom work group. On the other hand,
some judges have a laissez-faire attitude, allowing the attorneys as many continuances as they
request. In large courts, “judge shopping” is a common practice. Although organizational
pressures work to provide a certain degree of consistency among judges, any examination of a
multi-judge court immediately shows that judges differ in terms of the sentences they hand out,
the way they run their courtroom, and the number of cases they have pending. Knowledge of
these judicial differences is often as necessary for the practicing attorney as mastery of the law
and rules of procedure.

REF: Judges within the Courtroom Work Group OBJ: 1 KEY:

Bloom’s: Understand

7. What are the additional ethical constraints imposed upon judges beyond those imposed
on lawyers? What is the purpose of these codes? What are some examples of judicial
conduct which has violated these constraints?

ANS:

164
Because of the special role that judges occupy in the adversary system, they are subject to
additional ethical constraints beyond those imposed on lawyers. The American Bar Association
developed the Model Canons of Judicial Ethics, similar to the codes of legal ethics, but each state
has adopted its own canons of judicial ethics. The purpose of these codes of judicial conduct is to
preserve the integrity of the judicial system and to foster public confidence in the system (Gray,
2003). A study of A State Judicial Discipline Sanctions by the Center for Judicial Ethics of the
American Judicature Society found that the baseline cases for sanctions involve judges who
drive while intoxicated or are unduly slow in issuing decisions (Gray, 2003). Overall, the study
concluded that public assumptions about levels of judicial misconduct are not borne out by the
evidence. Interestingly, a failure of the judge to cooperate with the state’s judicial conduct
commission was a contributing factor to a judge’s removal (Gray, 2003). Prohibition on conduct
that brings the judicial office into disrepute is another requirement of canons of judicial ethics.
Typically, this applies to situations in which the judge is having an extramarital affair or the like.
The tension between electing judges and appearances of impropriety is emerging as a major issue
in judicial ethics. In Republican Party v. White (2002) the Supreme Court allowed candidates for
judicial office to discuss issues that might come before the court and to criticize past court
decisions. The result has been a new dynamic in judicial elections, with some races featuring
negative political ads and contentious campaigns (Fortune and White, 2008). Judges play a key
role in enforcing legal ethics. During the course of a lawsuit, a judge may be called on to enforce
rules of professional conduct. In such cases, the judge may find the lawyer in contempt of court
and impose a small fine or a brief jail term.

REF: Judging the Judges OBJ: 6 KEY: Bloom’s: Understand

8. Judges are appointed by executives, elected by the voters, or appointed through a merit
selection process. The various selection systems produce judges with very similar
backgrounds, including local ties and past political involvement. No evidence exists that
one selection system systematically produces “better” or “worse” judges than another,
although research does reveal some differences in judicial approaches to decision
making. Describe the system you believe is best and provide support for your argument.

ANS:
There are three main methods of judicial selection—executive or legislative appointment,
judicial election, and merit selection. Executive appointments entail the appointment of judges
by the President or by state governors, while legislative appointments entail the selection of
judges by state legislators. Judges may also be selected via partisan or nonpartisan elections in
states. The third method of selection at the state level is the merit system, which is also known
as the Missouri Bar Plan. It is a hybrid system that incorporates elements of the other methods
of selection. With merit selection, a nominating commission made up of lawyers and laypersons
suggests a list of qualified nominees (usually three), from which the governor selects a judge.
This person is put on the bench and, after a short period of time in office, will be considered for
retention. A retention ballot is brought before the public to determine whether or not the judge
should be retained.

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Following a description of one of these types of judicial selection the student should make a
reasoned argument for their choice of one as the best.

REF: Varying Roads to a Judgeship OBJ: 2/3 KEY: Bloom’s:

Understand

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