The Lack Of Inclusivity in The Texas Judicial System

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Centers of Justice and Lack of Inclusivity

Centers of justice hold high expectations, regarding the degree of representation and composition. If such a model is encouraged, people not only feel part of the judicial processes but also gain trust in the rulings and decisions made therein. The case is, however, not the same in Texas. A few instances of discrimination on the bases of gender, ethnicity and racial extraction have been reported. People have protested and some even gone ahead to appeal against the system for its lack of inclusivity. The country's lack of inclusivity has therefore been displayed through such cases. For instance, the male-dominated system greatly impacts how matters such as rape and domestic violence are dealt with, implicating a typical lack of inclusivity.

The Appointment and Election of Judges in Texas

There are only two states that have typically last resort, where the Supreme Court deals with civil matters and the court of criminal appeals. Texas is one of the States. When Texas became a state in the 1840s, it was the role of the governors, with the consent of the Senate, to appoint the judicial system (Champagne, Anthony, et al. p300). Judges have appointed on the basis that the governors know more about the judges and their qualification and can thus determine what is best for the citizens (Cordozzo p49). The system, however, since changed where people elect the judges during the partisan elections. Electing judges is the best way to go. Despite the challenges that the system may have, it is one of the best means of ensuring inclusivity with minimal bias. It also enhances diversity in decision making.

The Importance of Selection Criteria for Judges

Selection of the judges should vary depending on the type of judge. It is more rational to consider the past performance of the judges and use it to determine the ability of the judges to serve. It helps to determine who is best to handle specific cases based on their specialty, experiences and previous performances (Champagne, Anthony, et al. p302). In Texas, the election of judges is the best way to go. Appointment leads to having the judge who has more influence on a particular political party or who has contributed a lot of money to the appointers. Also, the election is a replica of judicial independence. It is also a method of imposing accountability of the judges to the public. It is also a form of expressing democracy. The process can be made less political by having a nonpartisan commission coming up with the list of nominees then citizens electing the judges from this list.

Judicial Impartiality and Public Awareness

The judicial system should reflect full justice. Once the judges are elected, they should forget about who elected them and focus on delivering justice. They should treat their work as a separate entity from the individuals that appointed them. The judicial system is not political and should, therefore, not reflect any favor to the people that appointed the judge in the position (Shugerman p108). It is thus unethical to recuse themselves or abstain from any ruling that may affect their largest campaign contributors. The public is partly educated about the judges. They mostly know and appreciate the judges who have handled famous cases and are unaware of the young and upcoming judges.

Transparency in Judge Selection

It should be the role of the state to make the citizens aware of the type of judges they have so that they do not make impulsive decisions. Precise records of the judges should be presented to the citizens before selection so that they make informed decisions. Similarly, when appointed to choose a judge, the best thing to do it find the profile of the judge and review his history, professional achievements, and failures. By so doing, one will appreciate the type of individual that they are yet to appoint is such a delicate position.

Works Cited

Cardozo, Benjamin N. Nature of the Judicial Process. Dover Publications, 2012.

Champagne, Anthony, et al. Governing Texas. 2017.

Shugerman, Jed H. The People's Courts: Pursuing Judicial Independence in America. Harvard UP, 2012.

November 13, 2023


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