Supreme Court Justice Anthony McLeod Kennedy (born July 23, 1936) recently turned 75. Justice Kennedy is considered the “swing vote” on the current Supreme Court. He recently told acquaintances that he does not plan on leaving the Court any time soon (DeFrank). We tend to hold justices in high esteem; that they are superior in knowledge, wisdom, and fairness but, the truth is, they have faults and imperfections just like the rest of us. Our Constitution allows our justices to sit on the Court for life, termed as “good behaviour” (“U. S. Constitution”). Justice Kennedy appears to be in good mental and physical health, but it has not always been so with every justice. At what point does one become too old? Is it time to entertain an amendment to the Constitution that addresses this issue, or would testing and education resolve this point in question? In the past, justices have been mostly shielded from the public eye so, for the most part, illnesses and mental decrepitude went unnoticed. Today, with the ability for extensive media coverage, it has become difficult for justices to hide the conditions of their health. Justices’ ages and mental competence are not just recent considerations. Moreover, the solutions to some of the problems that have arisen have not always been the most excellent. One method for avoiding a debilitated Court would be to pass a Constitutional Amendment. It would take an amendment to impose a mandatory retirement age since the Constitution assures the justices life tenure to secure their judicial independence. This new amendment would propose to phase out older justices in an effort to be the most beneficial to the public for which they are meant to serve. Mark Levin writes in the pr... ... middle of paper ... ...("Oyez") Lazarus, Edward. "The Problem of Supreme Court Justices' Remaining on the Bench Too Long: Although It's a Genuine Concern, Recently-Suggested Reforms Are More Problematic Than the Status Quo." FindLaw. Thomson Reuters, 14 Apr 2009. Web. 19 Apr 2012. . Levin, Mark R. Men in Black: How the Supreme Court is Destroying America. Washington, DC: Regency Publishing, Inc., 2005. Print. Toobin, Jeffrey. The Nine, Inside The Secret World Of The Supreme Court. New York: Anchor, 2008. Print. "U.S. Constitution." U.S. Constitution. Law Revision Counsel of the U.S. House of Represen, 2004. Web. 15 Mar 2012. . Lewis, John G. Personal Interview. 25 Mar 2012. Payton, John. Personal Interview. 18 Apr 2012.
Returning to the judicial world of the Bronx Family Court as a judge, after years of working in administration, Judge Richard Ross is astonished to find a distinctly more disjointed situation than the one he left. As he attempts to live out his life as “both the fact finder and arbiter of the law” it is clear the current judicial system does not serve him well (xv). Judge Ross conveys to the reader the fundamental issues of the Family Court system through his day to day happenings which range from endless caseloads to death threats. The use of personal experience is effective in adding credibility to more clearly convey his point that not only the Judges, but the case workers, 18-B attorneys, and various legal aides are overworked to a point
Gevinson, A. (2009, July 28). Supreme Court Nominations | Teachinghistory.org. Retrieved February 19, 2014, from http://teachinghistory.org/history-content/ask-a-historian/22435
Supreme Court and Court of Appeals judges are elected in nonpartisan statewide elections. Mid-term vacancices are filled by appointment. State law requires that nominees are state residents and have practiced law for a minimum of seven years.
Palmer, Elizabeth A. "The Court and Public Opinion." CQ Weekly 2 Dec. 2000. CQ Weekly. SAGE Publications. Web. 1 Mar. 2000. .
Many judges, whether appointed or elected, tend to serve for life. Often times, once they are in place, then it is very difficult to remove them. The advantage of having judges that are older is for their experience and wisdom. These judges are typically able to make sound judgments. They have obtained a degree of respect from their community and judicial colleagues. If a judge is able to maintain a sound mind and is physically fit to stay on the bench, then there should not be a cause of concern. However, with the aging process, the human body begins to decline. Unfortunately, sound judgment and memory begins to diminish. The body begins to weaken and it becomes increasingly difficult for a judge to keep up with the demand for the job. Often time than not, the judge is the one who decides when he should step down. If he a defiant person, then that decision will be a difficult one for him to make even though his stepping down would be for the betterment of all people. Most judges are able to continue serving even into advanced ages. As long as they are capable, then they should continue to do
...lo, Kellen. "Treating Mental Health Issues Can Help Justice System." U-T San Diego: Web Edition Articles 6 Mar. 2014: n. pag. NewsBank Special Reports. Web. 24 Mar. 2014.
Dye, Thomas R. , L. Tucker Gibson Jr., and Clay Robinson. Politics In America. Brief Texas Edition ed. New Jersey: Pearson, 2005.
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
Courts,” in Health Politics and Policy, 4th edition (James A. Morone, Theodor J. Litman, and
Seltzer, T., 2005, ‘Mental health courts – A misguided attempt to address the criminal justice system’s unfair treatment of people with mental illnesses’, Psychology, Public Policy and Law, vol. 11, no. 4, pp. 570-586.
When the United States was founded, the theme behind the new government was to establish an efficient system without doling out too much power to any one person. The Founders intended to prevent a rebirth of tyranny, which they had just escaped by breaking away from England. However, when members of Congress such as Tom Foley, who served as a Representative from 1964 through 1995, and Jack Brooks, who served as a Representative from 1952 through 1994, remain in the legislative system for over forty years, it is evident that tyranny has not necessarily been eradicated from the United States (Vance, 1994, p. 429). Term limits are a necessity to uphold the Founders’ intentions, to prevent unfair advantages given to incumbents, and to allow a multitude of additional benefits.
McLellan, F. (2006). Mental health and justice: the case of Andrea Yates. The Lancet, 1951-1954.
Fairchild, H. & Cowan, G (1997). Journal of Social Issues. The O.J. Simpson Trial: Challenges to Science and Society.
INTRODUCTION: Parliament, the supreme law-making body, has unrestricted legislative power, and the laws it passes cannot be set aside by the courts. The role of judges, in relation to laws enacted by Parliament, is to interpret and apply them, rather than to pass judgment on whether they are good or bad laws. However, evidence has shown that they have a tendency to deviate from their ‘real roles’ and instead formulate laws on their own terms. Thus, the real role of a judge in any legal system continues to be a phenomenon questioned by many.
Thesis Statement: Brining about justices through death in USA brings about hazards on all of us.