The Choosing of Local Officials in Representative Democratic Mode (Law Support and Application):State Trial Court Judge-By Harsha Sankar

The Choosing of Local Officials in Representative Democratic Mode (Law Support and Application):State Trial Court Judge-By Harsha Sankar

Dear Citizen,                                                 October 2020

Judges should never be chosen by direct vote of the electorate or by local government. State trial court judges' function is to apply federal,state and local laws in matters of controversy(civil and criminal) in the judiciary.

A candidate for State Trial Court Judge should not be a participant in any branch of government for at least one year prior to his/her election. That candidate should also neither belong to any organization that is either not publicly announced nor should its contents of its meetings be sealed in secrecy for at least two years prior to the election. Finally, that candidate should not belong to any group comprised solely of government branch participants.

The elected lawmaking body of local government should accept all the applicants eligible for this position,limit the number of candidates for this position to three,and then submit these choices of candidates to the Governor. The Governor, out of the three nominations,selects the final prospect and submits his/her final choice to both houses of the state legislature. Both houses ratifies the governor's choice with a Yes or No simple majority vote.

The reason why the upper state legislative house provides ratification is their members maintain proper distance with their constituents. Since State Trial Court Judge is a state position that requires highly limited interaction with all local activities and with the constituents, the upper house's approval is solely needed to declare who will serve as judge for that jurisdiction. Conflicts of interest should not exist when a private citizen(s) and public officials are adjudged and adjudicated in the judiciary. Having such distance curtails such conflicts and maintaining that distance is necessary to preserve the "Letter Of The Law".

The reason why the lower state legislative house also provides ratification is their members have proximity with their constituents. State Trial Court Judges cannot simply serve in Imperial Democratic Republic mode as they should also not serve in direct democratic Republic Mode either. These judges need ratification from both houses(one that serves the People in a delegate/assembly district and the other who serves the entire state) so that they are not too aloof from (IDR mode) nor pander to (ddR) the People. Without checks and balances from one state legislative house that has proximity with the People, judges will invariably rely on their personal judgment and/or the desires of elitist special interests to guide their judicial practices. Certain proximity with the People is needed so that these influences are limited in order for the "Spirit Of the Law" to be maintained. Since there will never be a specific law that deals with all human activity, judges must act with proper spirit to make certain basic law and basic rights are fundamentally applied and protected.

If either house fails to ratify a candidate, with a quorum of two-thirds, then the Governor can compel the local(municipal) lawmaking body to provide an extra set of applicants numbering three to his/her office for review. That State Governor can again resubmit his/her choice to the house(s) of the state legislature who rejected the applicant/candidate for ratification.

If for the second time one or both legislative houses,which previously provided rejection,refuses ratification with a quorum of two-thirds, then the governor's third choice of judge is submitted to the upper state legislative house for ratification. If the upper house, usually referred as the State Senate, provides ratification, then that candidate is appointed state trial court judge for a specific district. If the upper house still refuses ratification with a quorum of two-thirds, then the lower state legislative house is approached and their vote is solicited for that candidate. If that specific legislative house provides ratification, then that candidate is appointed state trial court judge for that specific district. If the lower state legislative house still refuses ratification with a quorum of two-thirds, then the State Governor appoints a qualified individual to serve a one year term as interim judge. After the expiration of one year term, the entire process of selection for this position commences again.

This position should not ever be electable or chosen by local government officeholders.This would result in too much proximity. This type of proximity means populism and politics would hinder the objective and proportionate application of the law.

The State Trial Court Judge should serve an 8 year term. Any improprieties in establishing and providing judicial opinion should be considered an impeachable offense.