Friday, May 27, 2022

Representative Democratic Model- Selectable Offices Part Eighteen State Appellate Court Judges- (Session Two)

Representative Democratic Model- Selectable Offices Part Eighteen

State Appellate Court Judges-(Session Two)

The sole purpose of an appellate court is to hear appeals on the decisions and opinions from the Trial Courts. The Right To Appeal should be automatic. It is currently a discretionary privilege
given by the State Appellate Courts.

A state appellate court judge, as in the case of all other state and federal judges, should serve an eight year term. He/she can be impeached and removed from office at anytime during that term if he/she clearly demonstrated violation of "Good Behavior". "Good Behavior" is judicial conduct that is in strict adherence to the U.S. Constitution and to all statutory and common law that is in compliance to that nation's charter.

After completion of the first term of eight years, a state appellate court judge as in the case with all other judges (state and federal) is subject to a reconfirmation before he/she can begin their second and final term of eight years. The majority of the State Senate (state upper legislative house) is needed for that reconfirmation. If a tie exists amongst voting State Senate members (number of supporting members equals the number of opposing and abstaining members in that same legislative upper house), the Vice-Governor can cast a vote that could allow that State Senate to provide confirmation.

Since judges at all levels should be least connected to the People and should be the most insulated from populist sentiments, there is no need for governor or lower legislative house participation in the reconfirmation process. State Senate participation is all that is needed. Only one elected body should handle this reconfirmation process. 



Cliff Notes Version:The Right To Appeal should be automatic. It is currently a privilege given by the appeal courts in many states.

A state appellate court judge should serve an eight year term. They can be impeached if their opinions/decisions do not adhere to the US Constitution and other laws consistent with it.

After first term, a state appellate court judge is subject to reconfirmation in order to start their final term. State Senate approval is needed for reconfirmation. Only one elected body should handle this reconfirmation process since the judiciary is most insulated from the People.

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