Differences between State and Federal Judges - Essay Sample

Introduction

Judges are significant players in administering justice to an individual who suffered harm due to civil wrong. They decide whether a person carried out a misdemeanor and, if so, what penalty should be given. Judges also deliver peaceful means to determine personal controversy that people can settle themselves. Based on the offense committed, some cases are judged by federal judges while others by state judges.

This research paper analyses the difference between state and federal judges through a valid structure of appointment and selection, tenure, salary, and judges' duties. This essay also aims to show what cases are viewed as federal and state, and what courts deal with them. Models used in selecting judges are discussed, and the reason why the judiciary's independence is essential. Federal judges are seen to hear cases with matters of facts involved, such as fingerprints in a murder scene. In contrast, the state judges listen to issues on matters to do with the law, for example, speeding ticket cases within the state.

Assessment of Judges

The way judicial officials are chosen and assessed is crucial in determining the difference between the state and federal judges. Judicial candidates are evaluated using different patterns. Professional qualifications are one of the most used models, and it involves gauging the foundation of their credentials, such as previous judicial experience and their educational background. The American Bar Association applies the formula that focuses on their judicial capability, integrity, and judicial character for evaluating judicial candidates. Rating candidates on their judging skills is also a model used in the selection. Judicial candidates are examined on the quality of the candidate's written opinion and usage of precedent.

Appointment and Election of Judges

The Federal judiciary system requires qualified federal judges due to the rising number of diverse and complicated cases. The system is the biggest and most well known in appointing judges. With guide and approval from the senate, the president appoints all federal judges (Scott, 1967). The state court system selects its judges in a variety of ways. The standard method of choosing a state judge is by election, which involves partisan elections and non-partisan elections (Haynes, 2005, p.255). In partisan elections, the electorate's judges are voted and run as a member of a political party. In contrast, in non-partisan elections, the judges do not record their associated party while running. State governors and commissions are also involved in selecting state judges by appointing qualified individuals to serve.

Tenure of Judges

The United States constitution allows for the security of tenure and payments concerning the judiciary. In so doing, judges guard against external harassment and unfairness when holding government bodies or individuals with high authority to legal account. The court needs to be independent, for it is an essential component in the rule of legislation. Federal judges continue to provide their duties and services to the people during excellent and acceptable conduct. The federal judges will hold their position until they are withdrawn from office due to misconduct that may result from unfair judging or involvement in corruption. A federal judge can choose to end their tenure when they resign or die. The representatives' house can remove federal judges from office by impeachment, followed by senate conviction (Yoon, 2005).

State judges have a tenure of one year in office. In the United States of America, every state has its constitution that stipulates that state judges can retain office. The state judges can be reelected to serve for additional terms for as much as a six-year retention term (Haynes, 2005, p.284).

Salary of Judges

The salary of federal judges is determined by Congress as required by the United States constitution. The federal judges will not have their wages reduced in the course of their time in office. The salaries of these federal judges are usually increasing by an average of two thousand dollars annually. However, Wisconsin has a constitution that allows for the reduction of federal judges' salaries. The constitution also does not permit imposing a tax on a federal judge's salary (The Virginia Law Register, 1921).

State judge salaries are lesser than the federal judge's salary. An average salary for a state judge in a year is approximately one hundred and ninety-four thousand dollars. The legislature sets the salary pay scales of these judges. Payment of state judges depends on what the state can manage to pay. A state with more capital in the budget, such as New York and California, pays state judges higher than states with less budget money like Kansas. Salaries of state judges vary; appellate judges receive more compensation than the trial court judges.

Functions of Judges

Generally, federal judges hear cases that pertain to matters of facts, whereas state judges hear cases concerning issues of law. The Congress passes federal laws signed by the president and is used by federal judges when administering their judgment. Pushaw Jr (1994) enlightens on how Congress used its capabilities to form thirteen courts of appeals, ninety-four district courts, the court of international trade, and the court of claims, all based in the United States America. All these courts have federal judges who conduct their duties as per the court's jurisdiction. Judges in the bankruptcy courts deal with bankruptcy cases.

In the U.S court of claims, the Federal judges hear citizens' claims for money against the federal government, and magistrate judges handle district court matters. Federal judges in the court of appeals listen to cases of parties that are not pleased with the judges' ruling in district court, the international trade court, or court of claims. The supreme court in the united states has federal judges who are final adjudicators of federal cases, and they may also review verdicts made by the court of appeals judges (Pushaw Jr, 1994).

State courts create the laws of each state and the state constitution. States have a court of final say known as the supreme court, and it is the highest in the ranking. Several states have an intermediate court that comes second in the hierarchy called the court of appeals. State trial courts also referred to as district or circuit courts, follow below the court of appeals. All these state courts have state judges who deliver verdicts to state cases (Dubois, 1986). State judges handle very many legal matters, for example, family issues in the family courts and charging juveniles with delinquencies in the juvenile courts. The cases are heard in probate courts by the state judges on wills and estates of deceased persons.

State judges in the courts of appeals handle cases from the trial courts that claimants feel disappointed with the courts' decision. Parties are obliged to petition their hearing to the supreme court for the state judges there to hear the case and make a final verdict. However, the judges at the supreme court are entitled to assess certain cases.

Conclusion

Judges are pillars that hold a nation together and bring about justice and fairness to all citizens. Despite the state and federal judges having numerous differences, liaison between federal and state judges is of valuable benefit, and it will help bring back an achievable working equilibrium.

References

Dubois, P., L. (1986). Accountability, Independence, and the Selection of State Judges: The Role of Popular Judicial Elections. SMU Law Review, 40(6), 31-52.

Haynes, E. (2005). The Selection and Tenure of Judges. Clark, New Jersey: The Lawbook Exchange, LTD.

Pushaw Jr, R., J. (1994). Article III’s Case/ Controversy Distinction and the Dual Functions of Federal Courts. Notre Dame Law Review, 69(3), 447-523.

Scott, H. (1967, February). The Selection of Federal Judges: The Independent Commission Approach. William & Mary Law Review, 8(2), 173-184.

The Virginia Law Register. (1921, January). Taxation. Salary of Federal Judges. Virginia Law Review, 6(9), 701-705.

Yoon, A. (2005, November). As You Like It: Senior Federal Judges and the Political Economy of Judicial Tenure. Journal of Empirical Legal Studies, 2(3), 495-549.