Tags: administrative, appoints, attorney, bench, government, governor, judges, law, lawyer, legal, vermont, voted

Is this right?

On Lawyer & Legal » Government & Administrative Law

4,883 words with 3 Comments; publish: Sun, 29 Jan 2006 11:25:00 GMT; (80094.73, « »)

Vermont. Our governor appoints the judges on the bench. Years ago it used to be the people who voted in the judges, but for years it has not been that way. So here are my questions...

1. Who has the authority in de-benching a judge? I am guessing it's the supreme court.

2. From what I have been researching it seems it comes down to all decisions especially legal changes of law are always decided on by the supreme court. Is this right? It was our supreme court which changed the law for gays to marry not the legislature.

3. Why can't the governor de-bench a judge if they are the ones who appoint them?

4. why as a people do we vote in people to represent us in legislature if they really have no power in decisions of law? Plus, what is the power of our legislature?

5. Why is there a judicial misconduct board for judicial behaviour if in fact behaviour of a judge is protected by the powers of the supreme court, and the abuse of decisions and orders are of a judge's discretion and judges are immune to being sued from harm from such abuses of discretion?

6. What is the service of a judicial retention hearing? The people voice their greivances, yet never has a judge been punished or removed for any abuses.

7. How does one lobby for a change back for the people to appoint the judicial power instead of the governor?

8. And lastly, what if our constitution says something different than how our state is actually making decisions? How can we protect our rights to our own constitution?

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  • 3 Comments
    • Quote:
      === Original Words ===

      Your State COnstitution is subservient to the US Constitution. Bring a lawsuit and sue the state for violating it.
      Poster is a serial double poster.

      Don't encourage him.

      #1; Tue, 31 Jan 2006 16:43:00 GMT
    • Quote:
      === Original Words ===

      Vermont. Our governor appoints the judges on the bench. Years ago it used to be the people who voted in the judges, but for years it has not been that way. So here are my questions...

      1. Who has the authority in de-benching a judge? I am guessing it's the supreme court.

      Judges can't be de-benched -- they can be impeached for failing to uphold the Constitution.

      2. From what I have been researching it seems it comes down to all decisions especially legal changes of law are always decided on by the supreme court. Is this right? It was our supreme court which changed the law for gays to marry not the legislature.

      Nope they didn't change the law. They interpreted the law. The law was interpreted and found to be lacking in not allowing marriage/civil unions -- probably under the 14th Amendment Equal Protection Clause.

      3. Why can't the governor de-bench a judge if they are the ones who appoint them?

      Because the judicial branch is to act as a check and balance on both the legislative and executive branch. They are not supposed to be able to dictated by the executive branch.

      4. why as a people do we vote in people to represent us in legislature if they really have no power in decisions of law? Plus, what is the power of our legislature?

      The legislature makes laws but the laws have to be Constitutional.

      5. Why is there a judicial misconduct board for judicial behaviour if in fact behaviour of a judge is protected by the powers of the supreme court, and the abuse of decisions and orders are of a judge's discretion and judges are immune to being sued from harm from such abuses of discretion?

      There is immunity but that doesn't mean judges are not disbarred or impeached.

      6. What is the service of a judicial retention hearing? The people voice their greivances, yet never has a judge been punished or removed for any abuses.

      Because disagreeing with a judge is not reason for them to be thrown off the bench. it is not a popularity contest. Judges are supposed to interpret the laws so that they are fair to everyone and not just to the popular kids.

      7. How does one lobby for a change back for the people to appoint the judicial power instead of the governor?

      People will never appoint -- the executive branch might -- and you elect him ... dont like his appointees vote someone else in.

      8. And lastly, what if our constitution says something different than how our state is actually making decisions? How can we protect our rights to our own constitution?

      Your State COnstitution is subservient to the US Constitution. Bring a lawsuit and sue the state for violating it.
      #2; Tue, 31 Jan 2006 16:27:00 GMT
    • Go back to high school and take Civics 1 and 2 over again. All your questions will be answered.
      #3; Tue, 31 Jan 2006 14:14:00 GMT