Peirspictiochtai Ar An Saol
Zero-Based Justice
Part Three
Decisions within the current system of justice in the United States are typically made by three different types of decision makers: judges, juries of citizens, and panels of judges.
Please note that a person serving as a "judge" can have different titles depending on the court and jurisdiction. These titles include "judge," "justice," "magistrate," "hearing officer," or other names.
In many cases, a judge oversees a trial and doesn't make the decision of "guilty" or "not guilty" of a person charged with a criminal act or sued in a civil dispute. In some cases, though, a judge alone decides the merits of a criminal case or a civil matter.
In cases where a person is charged with a criminal act, that person has the right to a trial by a jury of citizens through the Sixth Amendment of the Constitution of the United States. In civil cases on a Federal level, a person also has the right to a trial by a jury of citizens through the Seventh Amendment of the Constitution of the United States.
In many cases, a person charged with a criminal act or a person sued in a civil dispute can choose to have a judge – rather than a jury of citizens – decide whether they are "guilty" or "not guilty." In some cases, the decision of a person in either of those situations must also be agreed to by others. Those "others" include, depending on the locale, a judge, a prosecutor, and/or a person filing the lawsuit.
A judge can choose to remove themselves – to "recuse" themselves – from a court case if the individual determines they have a conflict of interest with a specific party or another type of bias that could impact the impartiality of the court.
A party in a court case can ask a judge to recuse themselves because the party states that the judge has a conflict of interest with a specific party in the case or another type of bias that could impact the case. If a judge declines to recuse themselves, a party may have the ability to seek assistance from other levels of the judiciary to hear their plea for the recusal of a judge.
Judges in the United States have to be citizens, be residents of the specific jurisdictions where they serve, and be in the age range mandated by the jurisdiction where they serve.
In many cases, individuals serving as judges are required to have attained certain educational degrees, be licensed to practice law within their specific jurisdiction, have been actively practicing law for a certain period of time, and meet other such requirements. In certain courts, an individual may also need knowledge and skills in specific subject matters to serve as a judge.
In some cases, an individual serving as a judge does not have to have any legal or educational background. Typically, these individuals serve as judges in what are called "minor" courts.
There are, in general, three ways in which individuals become judges: through elections, by appointment by other elected officials, or by appointment by other judges.
Some jurisdictions elect individuals to serve as judges. The election process can vary from jurisdiction to jurisdiction. Some of these elections are partisan; others are non-partisan elections.
In other jurisdictions, an elected official or a body of elected officials appoints individuals to serve as judges. The appointment process can vary from jurisdiction to jurisdiction. Some of these decisions are made based on partisan views; other decisions are made on the skill level, subject knowledge, or other aspects of an individual's background. Some appointments by an elected official have to be approved by a body of elected officials.
Judges, depending on the jurisdiction, are elected or appointed for specific time periods or for life. There may or may not be a mandatory retirement age.
An individual serving as a judge can be suspended by a higher court and can be removed from their position through the process of impeachment and conviction.
An individual judge or a panel of judges in some jurisdictions appoints individuals to serve as judges. Typically, an individual appointed to serve as a judge in this manner is already a retired judge. In some cases, these judges are called "senior judges."
The next news columns in this series will detail aspects about juries of citizens and panels of judges. These news columns will continue to focus on specific characteristics of justice as it is practiced today in many parts of the United States as well as ways that justice could be practiced through Zero-Based Justice.
Peirspictiochtai Ar A Saol – Gaelic – Irish – for "Perspectives On Life" is a column focused on aspects of accountability and responsibility as well as ways people look at life.
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