What Makes a Good Judge
Grade Level: Middle
Overview:This lesson focuses on the costs and benefits of various judicial selection methods. Students will list characteristics they think essential or valuable to being a good judge, and then see which system of judicial selection – appointment, merit, or election – obtains the highest quality judges. In discussing each method, students will understand the tradeoffs between accountability and independence in judicial selection.
Time Needed: 1 class period
Objectives
During your session, students will:
- Define the qualities that should be considered when selecting a judge.
- Evaluate the costs and benefits of two methods of selecting and retaining judges—do they provide for judicial independence and judicial accountability?
- Discuss the strengths and weaknesses of the judicial selection process in their state.
Materials Needed:
What Makes a Good Judge – Handout 1
What Makes a Good Judge – Handout 2
What Makes a Good Judge – Handout 3
Procedure
- Distribute Handout 1. Review the directions and ask students to complete the handout. Call time after a limited but sufficient time.
Ask for volunteers to share their top qualities in each category. Reach agreement on the top four qualities in each category. Using the board or flip chart, use those qualities to draft a definition for a good judge. Do the qualities they selected seem to favor accountability or independence.
- Explain that while there are various methods to select judges, today you are discussing two specific ways: the election and merit methods. As a way to engage the students in a discussion of these two methods, use the following guideline.
Have the students look at their completed Handout 1. Ask,
- Which qualities on the list would be important if judges run for office?
- Can you identify how some of the qualities that it takes to get elected (good campaigner, has the popular touch/understands people, contributions to political party, ties to special interest groups) might conflict with qualities you have placed in the essential or desirable columns?
You may wish to give a current event example of a case where a judge must rule on a controversial case.
- In contrast, which qualities would be most important if a judge is to be selected through the merit system?
Ask the students to vote by a show of hands as to which process they feel would more likely result in judges with the qualities they have identified. Should judges be selected by election or merit?
- Distribute Handout 2. Review with the students the costs and benefits analysis of the election and merit methods of selecting judges.
- Distribute Handout 3. Review the background section on the page with the students by briefly discussing some of the historical background of selecting judges throughout the United States.
- Have the students look at the map and the chart. Answer the questions concerning the map and chart.
- Poll the class to determine what students know about how judges are selected in their state. Specific information about individual state courts (and courts in other states) can be found at The State Court Locator.
- Remind the students of two important facts.
- The constitution of each state specifies how judges will be selected.
- There is no one single agreed-upon method.
Support this point by saying that at least some research studies designed to show differences among judges based on the method of selection have found no significant differences.
- Optional: If time permits, at the end of the activity, return to Handout 1 and assign small groups to use the characteristics to develop desirable characteristics for a specific type of judge, such as Divorce Court, Bankruptcy Court, Traffic Court, and Juvenile Court. Discuss the lists. Ask the students if they believe a single judge would be suited for all types of courts. Ask the students if they feel the criteria for selecting judges should be refined to match the type of cases the judge will be hearing.
- Summary and Closing
- After reminding the students that there are strengths and limitations to each selection process, ask for a show of hands as to which selection process they favor. Ask if anyone has changed his or her opinion since the beginning of the discussion. Why or why not?
- Can students reach a consensus on one method or build a system that combines the best attributes of both?
- Based on the discussion of the benefits and costs of two methods, what specific changes would students want to see in the way judges are selected in their state? What changes can be made so the qualities they identified for judges are ensured for all citizens?
Source material: Landman, James, “An Elusive Idea: Judicial Selection and American Democracy” Social Education , vol. 66, no. 5 (September 2002), pp. 293-301
National Curriculum Standards for Social Studies, National Council for the Social Studies