Essay Sample on Texas Judicial System

The Texas criminal justice system has been a center of debate throughout Texas history. Although multiple reform efforts have been tried, no substantial reform assessment has been implemented over the last five decades in Texas. While most people attribute this to a conservative framework reluctant to transform, the historical account mirrors a different reality. The Texas judicial system is complex, inefficient and poorly organized to handle modern litigation. Extensive reform is required to generate greater coherence, accountability, and efficiency. As students of Texas Government, the most substantial hurdle blocking significant judicial reform in Texas is the election of judges.

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Texas is one of the seven states that utilize partisan elections to choose judges. Judicial selection starts with partisan elections and substantial amounts of money for campaigning to triumph in the poll and reelection. Partisan elections impact the voters in a continuous party label elective procedure. With the current alternative of split-ticketing polling, the voters can vote for their party. Most judges are at first appointed. The governor fills in posts in the judicial system with the approval of the Senate. These appointees are then reelected, most probably, with no opposition. Judges are expelled from the office only by failure to be reelected, official misconduct, by the Supreme Court because of unskillfulness, neglect, by impeachment by the house, with a two-thirds vote or a trial in the Senate (Cornyn, 2009).

Judicial selection has been a hurdle for reform for a long time. Selections grounded on partisan elections for six-year terms favor large corporate interests, citizens find themselves overawed by the long elections, and because of lack of awareness or understanding in the candidates, large corporations law firms and interest groups join in to select the judges who will benefit them in their endeavors. Judges are mostly upper-middle-class Republican men (Rice, 2012). These elements not only impact the attainment of justice to contributors but hinder the progress of reforms due to the election of judges with no legal training.

The Texas judicial system is not easy to change. Transforming the way Texans select judges would necessitate a constitutional amendment sanctioned by two-thirds of the Senate and the House, augmenting the effect of interest groups that can disrupt transformation by stoking oppositions from a small number of lawmakers. Even if it passes that obstacle, an amendment must be sanctioned by a majority of electorates, which may prove to be the eventual bar to an appointed judiciary. Electorates have been nominating Texas judges since the 1870s and surveys indicate that about two-thirds of current voters want to continue voting despite influence from political contributions. The inclination of Texans having the fondness of electing people to office is hindering judicial reforms. In most cases, party membership undermines a candidate's credentials, and the power of campaign money damages public sureness in both integrity and judges who administer it (Cohen, 2013).

The partisan election of judges remains a negative facet state government, and for decades, there have been efforts to change Texas' judicial election system. Campaigns are costly, and judges must seek contributions to run for office. This forces them to seek donations from other parties. The judicial election system presents obstacles with potential conflicts of interests. Minor changes have been made to the system over the years, yet its fund-raising demands and partisan nature remain its fundamental problem (Champagne, 2005). Corruption is not the only threat; there is also a high probability of electing incompetent judges, because when judicial elections are partisans, the skills may be disregarded.

A debate concerning the change in the judicial election system has never shown progress. Possible reforms are complex solutions involving numerous sections and movements-nomination commissions, nonpartisan retention elections, and gubernatorial or legislative appointments. Partisan election subject electorates to long ballots making them experience a hard time in choosing their candidates suitably. The voters cannot simply follow up on the long list of candidates; excessive positions are leading to voting for the same party. By scrutinizing the ballot for the voting individual's party, the electorate can take party in straight-ticket voting for every candidate seeking office in their party. Since Texas is mainly a Republican state, most judges elected into office come from the primary party (Lindell, 2009). This means that if any change is desired, it cannot be achieved due to the lack of opposition from another group.

Conclusively, the Texas criminal justice system has been experiencing controversies for more than five decades. The main stumbling block for judicial reforms is the election of judges. Texas uses partisan elections to choose judges. This form of selection has been a major hurdle in adopting reforms in the judicial system. Stakeholders such as lawyers and business corporations are opposed to changes in the elective judicial system to protect their interests. Once their preferred candidate is elected to the judicial post, they are assured that their cases will be ruled in their favor and their business interests protected. Most judges are from the Republican party, and therefore, their support is guaranteed.

References

Champagne, A. (2005). Judicial Reform in Texas: A Look Back After Two Decades. Available at: http://aja.ncsc.dni.us/courtrv/cr43-2/CR43-2Champagne.pdf (Accessed; 5/3/2019).

Cohen, A. (2013). A Broken System': Texas's Former Chief Justice Condemns Judicial Elections. Available at: https://www.theatlantic.com/national/archive/2013/10/a-broken-system-texass-former-chief-justice-condemns-judicial-elections/280654/ (Accessed: 5/3/2019).

Cornyn, J. (2009). It's Time for Judicial Reform in Texas. Available at: https://www.law.com/texaslawyer/almID/1202428849881/?slreturn=20190204225038 (Accessed: 5/3/2019).

Lindell, C. (2009). Should Texas judges be appointed instead of elected? Available at: http://www.tpj.org/2009/04/austin-american-statesman-should-texas.html (Accessed: 5/3/2019)

Rice, W. E. (2012). Allegedly Biased, Intimidating, and Incompetent State Court Judges and the Questionable Removal of State Law Class Actions to Purportedly Impartial and Competent Federal Courts-A Historical Perspective and an Empirical Analysis of Class Action Disposition in Federal and State Courts, 1925-2011. William & Mary Business Law Review, 3 (2), 419.