Elected judges decide the majority of cases in the United States. State courts handle about 90 percent of the US juridical business. At the same time, approximately 90 percent of all judges of state courts face the voters in some types of elections. The Texas judges are elected in partisan elections; however, politics in Texas influences the decisions of the judges. Moreover, the process of judicial elections has also become extremely politicized during the last decades. At the same time, the system of partisan elections is not ideal.
Judges also depend on politics that finance their campaigns. For example, it is the Republican Party that appoints judges for state courts in Texas. Thus, judges make decisions that further conform to the interests of their party. It is obvious that political money has an influence on judicial outcomes, as judges try to benefit their political party. Judges can also use discretion to pursue their policy views and ideology.
There are several drawbacks in judicial elections. Thus, party affiliation trumps the qualifications of a particular candidate. Campaign money influences the election process and often destroys public confidence in judges and the justice system in general. As a result, some scientists consider that judges have to be appointed. They could stand for election periodically, and voters would decide whether to keep them or remove them from office. Judges will have no party affiliation and the ones who lose elections will be replaced by appointment.
However, the judiciary is an important function of a democratic society. It preserves the rule of law and has to remain free from political influence. Judicial elections remain the better alternative for the functioning of the juridical system. Thus, Texas judges have to be elected rather than appointed. Despite the possibility of the influence of politics and groups of interests on the election process, partisan elections still have sustainable advantages. They provide a significant mechanism of self-government to voters. Thus, the citizens will receive the opportunity to rein in the judiciary and stop the deterioration of the justice system. An appointed system can result in the appointment of the judges, who remain politically connected to the party that proposed the candidacy of a particular judge. The term of appointment can also influence the decision-making quality of a particular judge. Appointed judges are approved for a four-year period and can be reelected by voters in retention elections after this period. Election campaigns and the process of winning voters' support can prevent the judiciary from becoming a political issue. Citizens still have the power to force judges to confine themselves to constitutional responsibilities rather than pursuing political ideology. In the case of Texas, citizens cannot take the politics out of decisions on who will hold office. However, citizens can take people out of politics. As a result, politics will have less impact on the juridical system. Another benefit of the election of state judges is a competition that takes place between candidates. During the elections, citizens can get acquainted with the potential judges and their beliefs. Thus, citizens receive an opportunity to be well informed about those whom they want to represent the juridical system. If a judge is appointed, his personal beliefs remain unknown to the public. As a result, the judge can manifest himself in wrong or harmful juridical decisions.
It is considered that the merit selection system is the best way to choose judges. According to merit selections, judges do not have any party affiliation. Thus, there is no need in raising huge amounts of money to win elections. Judges have to raise considerably less campaign money than the Texas judges. Accordingly, there become fewer dependants of politics.
Justice is an integral part of every society. It provides citizens with rights, peace, and prosperity. Justice is based on judicial independence; thus, the judges, who are empowered to guarantee that justice always remains supreme, cannot belong to any political party or other interest groups. Nor should they be influenced by politicians. Since the 1870s, citizens of Texas have been electing judges. According to the researches, two-thirds of the Texas population would like to continue electing judges despite concerns about the influence of politics.
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