Judicial Branch

[Jonathan Buhacoff]

Intent

To outline the working of the Judicial Branch which is independent yet accountable.

Proposal

# Overview

The purpose of the Judicial Branch of Government is to resolve disputes about the facts and the law. As the decision-maker in the most consequential disputes involving ethics and morality, the Judicial Branch represents the entire country and must attempt to maximize justice and fairness both now and in the future.

The Judicial Branch has a duty to serve the people alive today and in the future by deciding in a way that would best protect the rights of the people and best serve the national interests explicitly mentioned in the Constitution.

# Organization

The Judicial Branch of Government shall be organized to serve every level of government and every government institution.

The highest court in the Judicial Branch is the Supreme Court. This court is the final decision-maker in disputes that are initiated under its jurisdiction (such as a conflict between two other branches of government) or appealed from federal appeals courts or institutional courts.

The federal government is served by federal district courts. There are one or more courts in each federal district. It also has a smaller number of appeals courts that decide disputes regarding the way that a federal district court ruled or conducted its proceedings.

In each state, the state’s Supreme Court is the highest court in that state for matters that are entirely within the jurisdiction of the state, and appeals from state appeals courts.

The state government is served by regional and local courts in the counties, parishes, cities, or other regions or localities defined within the state. All such courts are equal in the sense that none is above the other, and each has its own boundary of jurisdiction corresponding to the regional and local boundaries.

Each state also has a smaller number of appeals courts that decide disputes regarding the way that a regional or local district court ruled or conducted its proceedings.

Institutions shall have their own courts to handle matters that are entirely within their jurisdiction, involving the operations of the institution and the conduct of its members. The military shall have military courts. The medical corps shall have medical courts. And other institutions that shall be organized in the future shall have their own courts. When the matter is not entirely within the jurisdiction of the institution, it shall be tried in a federal district court nearest to the crime or subject of dispute.

# Membership

The Federal Supreme Court shall have 9 members, known as Federal Supreme Court Justices. One of these, the most senior in time served on the Federal Supreme Court, or in the case of a tie the most senior in terms of the total years served as a judge in any court, or in case of a tie the most senior in age, shall be the Chief Justice. A member of the Federal Supreme Court shall serve for 18 years. Every 2 years, the federal legislature shall elect a new member of the Federal Supreme Court. When the new member is elected, the Chief Justice retires and the next most senior shall become the new Chief Justice. The Federal Supreme Court must always have an odd number of members when voting on cases, to ensure there is always a majority.

The members of the Federal Appeals Court are selected by the Federal Supreme Court.

The members of the Federal District Courts are selected by Federal Appeals Courts.

Each State Supreme Court shall have 7 members, known as State Supreme Court Justices. One of these, the most senior in time served on the State Supreme Court, or in the case of a tie the most senior in terms of the total years served as a judge in any court, or in case of a tie the most senior in age, shall be the Chief Justice. A member of the State Supreme Court shall serve for 14 years. Every 2 years, the state legislature shall elect a new member of the State Supreme Court. When the new member is elected, the Chief Justice retires and the next most senior shall become the new Chief Justice. The State Supreme Court must always have an odd number of members when voting on cases, to ensure there is always a majority.

The members of the State Appeals Court are selected by the State Supreme Court.

The members of the State Regional or Local Courts are selected by State Appeals Courts.

Each Institutional Supreme Court shall have 5 members, known as Institutional Supreme Court Justices. One of these, the most senior in time served on the Institution Supreme Court, or in the case of a tie the most senior in terms of the total years served as a judge in any court, or in case of a tie the most senior in age, shall be the Chief Justice. A member of the Institutional Supreme Court shall serve for 10 years. Every 2 years, the institutional council shall elect a new member of the Institutional Supreme Court. When the new member is elected, the Chief Justice retires and the next most senior shall become the new Chief Justice. The Institutional Supreme Court must always have an odd number of members when voting on cases, to ensure there is always a majority.

The members of the Institutional Appeals Court are selected by the Institutional Supreme Court.

The members of the Institutional Regional or Local Courts are selected by Institutional Appeals Courts.

# Vacancies

If any member of a Supreme Court (federal, state, or institutional) becomes incapacitated or deceased, or must recuse themselves for any reason, then to maintain an odd number of voting justices the least senior member of the Federal Supreme Court is suspended from voting until the other justice returns or a new justice is elected. When suspended from voting, the least senior justice still participates in hearings, asks questions, and may also participate in writing the opinion. It is only the vote that is suspended to maintain an odd number of voting justices.

# Election

The members of the Federal Supreme Court shall be nominated and elected by the federal legislature. Every two years, the federal legislature shall nominate candidates, hold at least two hearings for each candidate, and then hold an election.

A similar process shall be followed by state legislatures for their State Supreme Court.

A similar process shall be followed by institutional councils for their Institutional Supreme Court.

# Appointment

The members of the Supreme Court shall appoint judges to serve on the Appeals Courts. This is like a job application — judges apply or are nominated, and the Supreme Court regularly acts to fill vacancies by appointing eligible and qualified candidates.

A judge appointed to an federal appeals court, state appeals court, or institutional appeals court shall serve in that position up to a maximum of 20 years, or until they retire (if reached retirement age), or resign, or elected to a Supreme Court position (institutional, state, or federal).

The members of the Appeals Court (federal, state, or institutional) shall appoint judges to serve on the lower District Courts. This is like a job application — judges apply or are nominated, and the Appeals Court regularly acts to fill vacancies by appointing eligible and qualified candidates.

A judge appointed to an federal district court, state district court, or institutional district court shall serve in that position up to a maximum of 20 years, or until they retire (if reached retirement age), or resign, or elected to an Appeals Court or Supreme Court position (institutional, state, or federal).

# Stare Decisis

An important principle in guiding the country consistently is to respect and uphold past decisions. However, the Judicial Branch is not encumbered by past decisions — if a past decision is not applicable to the present situation or if upholding it would result in a perversion of justice or lack of fairness in current and future circumstances, the Judicial Branch has a duty to rule differently.

Discussion

The minimum of two hearings in supreme court elections is to provide an opportunity for legislators to research any topics that came up in the first hearing and prepare new questions, and for the candidates to prepare responses to any question they were not prepared to answer in the first hearing.

Except for the supreme court justice elections by the legislature or council at the same level of government, making each level of judiciary responsible for appointing its subordinate justices creates a system which can be apolitical. Although any person may be influenced by outside forces, if the mechanisms of politics are intentionally removed from this process, the integrity of justice professionals has an opportunity to become the driving force behind good appointments. Since these are appointed officials, the legislature may impeach any of them if necessary. However, they are out of reach of the executive branch or director of the institution — they cannot be dismissed by a single person.

Term limits of 18 years for federal, 14 years for state, and 10 years for institutional are intended to ensure that there is always a rotation of justices and that every 2 years the people can slightly alter the direction of the court with a new election. This also eliminates games that politicians might play with “well the president’s term is almost up, they should let the next president nominate someone to fill the vacancy” or “judge xyz should retire now so that the party-we-like president can appoint a replacement”. Instead, the election is every two years, routine, always by the legislature. No back-filling appointments, no extra elections.

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