State Judicial Selection Criteria

1. Judicial selection process – New Jersey state
Choosing New Jersey state court judges happens mostly through a system whereby the judges are appointed by the Governor and then confirmed by the state senate. All individuals of the judiciary besides the municipal court judges are appointed to serve their first seven-year terms. The appointed judge can serve a second term if reappointed but must not be above 70 years, which is the constitutional limit. The American Judicature Society, 2014a provides the guidelines for the selection of the following: The Appellate Division, the 371 judges of the Superior Court of New Jersey, the seven supreme court justices of New Jersey, the 34 Superior Court judges of the New Jersey. The State of New Jersey employs senatorial courtesy in appointing relevant Judicial personnel. This practice was largely retrieved from selection methods of the federal judiciary. Just the way U.S. senators are given the final say on the appointment of federal judges so is New Jersey senators on appointment of judicial candidates from their corresponding districts. Senators from other districts cannot appoint a nominee if the senators from the candidate’s district have not given their approval of the candidate.
The governor also chooses the chief justice while the Senate is required to confirm or approve the candidate. After the appointment, the chief justice is expected to serve in that capacity for a period of his or her tenure. The chief justice of the supreme court designates powers to serve indefinitely to other chief judges of other courts.
Qualifications
For a candidate to be eligible for appointment to the court of appeal and general jurisdiction courts, he or she must be licenced to practice law in the State of  New Jersey for a minimum of 10 years and should be less than 70 years of age which is the constitution mandatory age of retirement.
Municipal Courts
 New Jersey State Municipal Courts judges are expected to serve a three-year term in office if appointed. The judges can be confirmed by the mayor with consent of the city council if the court serves primarily on municipality alone. The judges of the municipal court can also be a confirmed by the governing body of the municipal. For eligibility to be appointed as a municipal court judge, the candidate must reside in the state and must have practiced as a lawyer for over five years.
Tax Court
The American Judicature Society, 2014a has provisions for appointment as New Jersey Tax Court judge. The provision of the Judicature states that for a candidate to be eligible for appointment by the governor, he must not exceed the age of 70 years. It further states that a candidate can be eligible to be reappointed after seven years after which he or she can serve a full term. Another eligibility requirement is: the candidate must have a minimum of ten years experience practising in the state. It also requires the candidate to have appropriate knowledge and experience regarding taxation issues.
2. Judicial selection proceeding – the State of Texas
The process of choosing judges of the state court in Texas is done by the way of partisan elections in every court level . Tenure duration is different from each court level however all judges are required to run for re-election once their term comes to an end. (American Judicature Society, 2014b). Judges' terms usually begin on January 1 under the Texas Constitution right after the successful election or re-election after first term.
Appellate courts
The partisan elections which are statewide by the district court of appeals judges for both supreme court and criminal appeals court justices result in the election of the supreme court’s nine justices , then nine judges of the criminal court of appeals and the appeals court’s 80 judges.  The justices and judges who win the elections serve a maximum of six years, after which they are required to compete for re-election according to their wishes on continuance of service.
Chief Justice or Judge
The voters at large select the judge or the chief justice of each court. He or she is allowed to serve in that office for a term of six years.
Qualifications
For one to serve as a judge in any of the stated appellate courts, he or she must:
· Be a citizen of the United States;
· Be a resident of the State of Texas;
· Licensed by the state to practice law;
· Between the minimum age of 35 and a maximum of 75*; and
· Have practiced law and/or be a judge for a minimum of 10 years.
*Though no judge who is above 74 years may run for office, judges already in office who turn 75 are allowed to continue serving only until their tenure comes to an end (American Judicature Society, 2014b).
Vacancies
When case where a midterm vacancy occurs, the governor is supposed to appoint a substitute who must be accepted by the senate of Texas. The candidate is allowed to serve until the next general election, where he or she can be re-elected to serve for the remaining part of the term that is unexpired.
District courts
The partisan elections just like the judges of the court of appeal also select the District Court Judges of Texas. These judges serve four-year terms, then present themselves for re-election.
Qualifications
Apart from the appellate court qualifications, to be a district court judge, one must:
· have practiced law and/or be a state judge for a minimum of four years; and
· be a resident of his or her corresponding judicial district for a minimum of two years.
County courts
There are two groups at the county courts of judgeships: the constitutional judgeships and creation by statute judgeships, entailing the Statutory Probate Courts of Texas and County Courts of Texas at Law.
Many characteristics of the judgeships are similar. All the county-level judges are selected at partisan elections by the respective county and serve for four years, with vacancies occupied by a vote made commissioners of the county.
Constitutional County Courts
All the 254 counties of Texas, the judges and the constitutional county court report to the ex officio as the one in charge of each commissioner, court (American Judicature Society, 2014b). A law license is not mandatory for judges to serve since the key qualification is that a candidate "should be well versed with the law of the given state of the Country."
Probate Courts at Law and County
The Texas Legislature establishes statutory courts of the county ( also county courts at law). To serve such an office, a judge must:
· be 25 years old and above;
· reside in his or her corresponding county for a minimum of two years; and
· have worked as a judge for a minimum of four years before the election, or practiced law
Justice of peace court
Partisan elections select associates of the Justice of the Peace Courts Texas who serve for four years. They are chosen in a precinct-wide election. It is mandatory for justices to finish a 40-hour lesson on key duties for one year after their election so as to serve the office of justice of the peace. They are required to complete a related 20-hour lesson each year for as long as they are in service (American Judicature Society, 2014b).
Municipal courts
Provided guidelines regarding judges serving the Texas Municipal Courts differ depending on the city's charter. A large number of judges are selected by the governing body for a two-year term, however, some are selected at partisan elections.
3. Contrast between New Jersey and Texas Judicial appointment proceedings
Note that it is apparent that the selection process of the judiciary of both Texas and state of New Jersey are undoubtedly diverse. First, while New Jersey proceedings are achieved through the appointment of the governor's office then endorsement by the Senate of the state, of Texas, it is done in a partisan election whereby state residents and the citizens participate in a competitive campaigning and elective process. One shared characteristic of the judicial selection procedure in the two states is that, when a judge retires, upon completion of 7 year term in New Jersey and after the first 4 year term in Texas, they are made open for re-election for increased time on the bench. Another common feature is that irrespective of the judicial selection proceeding, it does not affect the quality of judicial rulings arrived at on the bench. As a result, it can be contended that in Texas and state of New Jersey, appointment proceedings are simple formalities due to the nature and the meritocratic qualification requirements of the judges appointed to serve and the judicial aspect of verdicts made isn’t affected by the selection proceedings (Flango & Ducat, 1979).
termination of a judge from office
i. State of New Jersey
The judges of New Jersey may be removed from office in three different ways (National Center for State Courts, 2019a):
· The removal process of judges may be initiated by the majority of either the house, by a complaint from the governor to the supreme court, or from a motion by the supreme court. The supreme court has an advisory committee for judicial conduct entailing private citizens assigned by the court. Selected committee evaluates all accusations of misconduct and either dismiss the allegations or recommends an official hearing. From the proceedings, judges may be reproached, reprimanded and terminated without pay, or terminated from office.
· Impeachment of judges by a majority vote by individuals of the general assembly and terminated by the Senate's two-thirds.
· When the supreme court attests to the governor’s office that a judge cannot fully perform his or her judicial obligations because he or she is incapacitated, a commission of three is selected to investigate the issue. Upon the recommendation of the committee, the governor may terminate the judge.
ii. Texas
Judges in Texas may be terminated in one of four circumstances (National Center for State Courts, 2019b):
· Investigations are done by the state commission upon judicial conduct, and if necessary, prosecutes charges of misconduct by judges in Texas . Based on the recommendation of the retirement or termination, the supreme court appoints a review tribunal from a list of judges from the court of appeal to confirm the results and submit a verdict. Judges may appeal verdicts to the supreme court.
· State Judges may be terminated by the governor upon the recommendation of two-thirds of the senate and the house.
· The house of representatives may impeach judges and be terminated by two-thirds of the Senate.
· District court judges may be terminated by the Supreme Court from service.
4. The argument for the selection process of Texas judiciary
As arbitrators of the law, judges play an essential and noble role. To make sure they implement their role as required, the neutrality of the bench is a key obligation. To protect neutral nature of the bench, the selection of judges is a better alternative compared to partisan elections. Confirmation by the governor of the state and successive review by the State Senate eliminates unfavourable effects of partisan elections. Furthermore, this process ensures that the judicial selection proceeding leans more to merit than political associations. Dispersing authority to select state judges across a number of groups – the Governor of state, legislators, parties involved – supports the judge’s sovereignty and neutrality.


References
American Judicature Society, (2014a). Methods of Judicial Selection: New Jersey. Retrieved from https://web.archive.org/web/20141002153104/http://www.judicialselection.us/judicial_selection/methods/selection_of_judges.cfm?state=NJ on 26 April 2019
American Judicature Society, (2014b). Methods of Judicial Selection: New Jersey; Limited Jurisdiction Courts. Retrieved from https://web.archive.org/web/20141002153152/http://www.judicialselection.us/judicial_selection/methods/limited_jurisdiction_courts.cfm?state=NJ on 26 April 2019
Flango, E., & Ducat, C. R. (1979). What difference does the method of judicial selection make. Just. Sys. J., 5, 25.
National Center for State Courts. (2019a). Methods of Judicial Selection: New Jersey: Removal of Judges. Retrieved from http://www.judicialselection.us/judicial_selection/methods/removal_of_judges.cfm?state=NJ on 26 April 2019
National Center for State Courts. (2019b). Methods of Judicial Selection: Texas: Removal of Judges. Retrieved from http://www.judicialselection.us/judicial_selection/methods/removal_of_judges.cfm?state=TX on 26 April 2019