Selecting judges through popular elections gives the people more of a say in the judicial system compared to judges being appointed. It is more democratic, and judges can't reach public office purely due to friendship with a high-ranking official that has the power to appoint someone to a position. By appointing judges through elections, the judge has to use discretion in his rulings - if he or she makes unfavorable rulings, re-election becomes much more difficult. Through election, the people are entitled to have a say in who does or does not become a judge, although this can also backfire - some voters might not be able to distinguish who is and is not a qualified and potentially effective candidate. Additionally, running for office can be very expensive, which can prevent some candidates from entering the election.
Kansas has a "basic" set up for its court systems. They have every standard method of courts and it flows normally as apposed to states like Nevada which do not have an Intermediate Appellate Court. Kansas has two trial level courts - Municipal and District - and two levels of appeals - Court of Appeals and the Kansas Supreme Court.
The locally funded Municipal Court handles most traffic infractions. There are no jury trials for the cases they oversee. The Municipal Court can be appealed to the District Court. There the bulk of cases are handled in the state. 243 judges oversee civil disputes and appeals, small claims, domestic relations, criminal felonies, misdemeanors and criminal appeals as well as several traffic infractions as well. Jury trials are held for most cases in this level, and generally just skipped in minor claims or the traffic violations. If appealed, it goes to the court of Appeals. There, the court review case that was previously in the District level. They don't normally hold trials, but instead go over the briefs of the previous trial to look for any fouls of conduct anywhere, research the law and publish their thoughts and ruling on the case. They can deny to hear a case for others of more importance or because they would not have the jurisdiction to give a ruling on it. In the latter, it'll be sent to the Supreme Court or the "Court of Last Resort." It's the highest ruling court in the state that has a large power of jurisdiction baring the state. Unless it expressly challenges one of the fundamental rulings of federal law, the court can hear it.
Aside from the municipal courts, the judicial branch of Kansas provides a website and overview to them. You can visit them here:
District Courts
Court of Appeals
Supreme Court
(Chart taken from the National Center for State Courts)
Chart Guide
A = Appeal from Administrative Agency
LJC = Limited Jurisdiction Court
GJC = General Jurisdiction Court
IAS = Intermediate Appellate Court
COLR = Court of Last Resort
Arrows = Route of Appeal
A 61 year old delivery man was kidnapped while delivering pizzas for Pizza Hut in northeast Kansas City. On the evening of October 12, 2009, the man went into an apartment complex where a woman in a towel answered. The man was then pushed in the back, forcing him to go into the apartment. While there he was robbed of twenty dollars while tape was applied to his eyes and mouth by the woman. The kidnappers later put him in the trunk of his own delivery car and dumped him, alive. Two males were taken into custody. One was an unnamed 18 year old Kansas City resident and the other was identified as Devon Wood. Vanesha Dillard was also arrested three days later. All three suspects are charged with robbery, kidnapping, auto tampering and armed criminal action (Swobota, 2009). This case will be heard in a court of general jurisdiction, more specifically the District Court which hears misdemeanor cases as well as exclusive felony cases.
A 66-year-old woman was arrested and charged with seven years in prison in November of 2006. Linda Kaufman and her husband, Arlan, were found guilty of forcing residents of their group home to do their work naked and also perform sex acts. During this abuse, the victims’ families were being billed for “therapy.” A U.S. District Judge in Wichita, KS, heard arguments on whether the sentence for the woman should be extended. An appellate court threw out the original sentence, claiming the trial judge should consider more factors of the case in the decision (New Vision Television).American Bar Association. (n.d.). Fact sheet on judicial selection methods in the states. Retrieved October 26, 2009, from American Bar Association Website:
http://www.abanet.org/leadership/fact_sheet.pdf
New Vision Television. (n.d.). Judge mulls sentence of nurse over 'nude therapy'. Retrieved Octobe 26, 2009, from http://www.ksn.com/news/local/story/Judge-mulls-sentence-of-nurse-over-nude-therapy/KFUOXxjl1kiUYGsNjtTfqA.cspx
Swobota, V. (2009, October 20). Two charged in pizza delivery man's kidnapping. Retrieved Octobetr 26, 2009, from http://www.nbcactionnews.com/content/news/crime/story/Two-Charged-in-Pizza-Delivery-Man-s-Kidnapping/7h4mRU_Mmk-QTmT23XT0mA.cspx
No comments:
Post a Comment