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Overview of the Judicial Branch and it's powers

The San Andreas Judicial Branch, with more than 50 judges and 3,500 support staff members, is centrally administered by the State Court Administrator. Each of the State's 5 Judicial Districts also has a Court Executive and a Chief Probation Officer, and each of the 5 counties has a Clerk of Court. The State of San Andreas has three branches of government; Executive, Legislative, and Judicial. The Executive Branch of the state government is the Governor and members of his or her cabinet. The Legislative Branch of the state government is the House of Representatives and the Senate combined. The Judicial Branch of the state government is the courts. 

Roles and Responsibilities of the Judicial Branch

• Interpreting laws

  • • The judicial branch interprets the meaning of laws, applies them to individual cases, and determines if they violate the San Andreas Constitution.

• Resolving disputes

  • • The judicial branch resolves disputes between parties, including private disputes that people can't resolve themselves.

• Fact-Finding

  • • The judicial branch determines if a person committed a crime and what the punishment should be.

• Protecting rights

  • • The judicial branch protects individual rights granted by the state constitution.

• Limiting democratic government

  • • The judicial branch ensures that popular majorities can't pass laws that harm minorities or undermine fundamental values like freedom of speech and due process. 

Supreme Court

The Supreme Court is the court of last resort. The Supreme Court has a total of fifteen justices who served as judges previously in other courts around the state of San Andreas. The Justices of the Supreme Court are nominated by the Judicial Nominating Commission. Justices on the Supreme Court may serve up to eight years once nominated to the bench. 

Superior Courts

The Superior Court (a.k.a. Court of Appeals) reviews appeals from lower courts and determine if the law was applied correctly in the trial court. They do not retry cases, hear new evidence, or reassess witness credibility. Instead, they review the written record of the trial court proceedings to ensure that the proper procedures were followed and the law was interpreted correctly. The Superior Court hears appeals from both civil and criminal trials, as well as challenges to county trial court decisions. Judges serving on the Superior Court are appointed by the Judicial Nominating Commission and may serve up to six years on the bench at a time until replaced or re-appointed. 

County Trial Courts

County Trial Courts hear nearly all categories of civil and criminal cases, including felony criminal cases, equity cases, domestic relations cases, and civil cases involving more than a certain amount. The County Trial Court will be the first to hear any case in their jurisdiction. Judges on County Trial Courts are appointed by the Judicial Nominating Commission. Each Judge on the County Trial Court may serve for four years at a time until replaced or re-appointed. 

Judicial Nominating Commission

The Judicial Nominating Commission helps select judges and justices for appointments to all the courts around the state. The Commission reviews applications from current judges wishing to serve on a higher court, and people applying to be judges for the first time. The Commission then selects the best candidate(s) to the positions that are available. The commission is comprised of twenty civilians who are elected by the citizens of San Andreas.

Commission on Judicial Discipline

The Commission on Judicial Discipline is responsible for protecting the public from improper conduct of judges; preserving the integrity of the judicial process; maintaining public confidence in the judiciary; creating a greater awareness of proper judicial behavior on the part of the judiciary and the public; and providing for the fair and expeditious disposition of complaints of judicial misconduct or judicial disabilities. The commission comprises twenty attorneys from around the state elected to serve on the commission for 4 years at a time. A member on the commission may serve no more than 16 years. 

State Court Administrator

The State Court Administrator is responsible for ensuring that the Judicial Branch and it's officers remain fair, impartial, and courteous to all of the citizens we serve. The State Court Administrator is elected by the citizens every five years and may serve up to two terms. The State Court Administrator is also responsible for upholding the values of Integrity, Discipline, and transparency that every employee working for the Judicial Branch should have. 

The responsibilities of the SCA also include

• provide administrative and technical support to the appellate courts, trial courts and probation. 

• provide centralized policy guidance. 

• develop and implement standards and guidelines. 

• serve as an advocate in obtaining necessary resources from the legislature. 

• provide services in an accurate, timely and equitable manner. 

• Innovative business processes and technologies are constantly under evaluation for possible introduction throughout the Branch in order to improve efficiency and to make the courts more accessible to the citizens of San Andreas.

Qualifications for Judges

1. Under the age of sixty (60)

2. Over the age of twenty-one (21)

3. Must be a United States citizen for at least ten (10) years prior to submitting an application.

4. Politically Unaffiliated

5. Be licensed to practice law for at least 5 years prior to submitting your application.

6. Be qualified to vote

7. No felony convictions from any country outside the United States.

8. No felony convictions from any state within the United States. 

9. No more than 3 reprimands from the Commission on Judicial Discipline

10. Be in good financial standing (No major debt) 

11. Have no record relating to drug or alcohol use. 

12. Have no record relating to domestic abuse, or any other abuse of a human or animal.

13. Be able to pass a psychological exam issued by the State Bureau of Investigation.

14. Follow the code of judicial ethics provided by the Commission on Judicial Discipline. 

Why are Judges appointed rather than elected?

Appointing judges rather than electing them can offer several key benefits:

1. Judicial Independence: Appointment processes can better protect judges from political pressures, ensuring they can make decisions based on the law and facts rather than public opinion or political influence. This helps maintain the judiciary's role as an impartial arbiter.

2. Focus on Qualifications: Appointments can be based on qualifications, experience, and merit, rather than on a candidate's popularity or ability to campaign. This can result in a more qualified and capable judiciary, as the selection process often involves thorough vetting by legal experts or nominating commissions.

3. Avoidance of Partisanship: Appointed judges are less likely to be influenced by political parties or interest groups, which can be a risk in electoral processes. This helps ensure that judicial decisions are made without bias or obligation to campaign supporters.

4. Reduced Campaign Pressure: Judges who are appointed do not need to raise funds or campaign for election, reducing the potential for conflicts of interest and the influence of money in the judiciary. This can also free judges from the distraction of campaigning, allowing them to focus fully on their judicial responsibilities.

5. Long-Term Stability: Appointed judges typically have longer terms or lifetime appointments, providing stability and continuity in the judiciary. This can enhance the development of consistent legal precedents and provide a steady hand in interpreting the law.

6. Protection of Minority Rights: Because appointed judges are insulated from direct public pressure, they may be better positioned to protect minority rights and uphold constitutional principles, even when these are unpopular with the majority.

7. Focus on Legal Expertise: Appointments can emphasize legal acumen and expertise, ensuring that judges are chosen for their understanding of the law and judicial temperament, rather than their ability to appeal to voters.

Overall, appointing judges can help ensure a judiciary that is independent, highly qualified, and focused on upholding the rule of law, free from the potential distortions of electoral politics.

Why must Judges remain politically unafilliated?

Judges being politically unaffiliated is crucial for several reasons:

1. Impartiality: Political neutrality ensures that judges can make decisions based solely on the law and the facts of a case, without any bias or influence from political parties or ideologies. This impartiality is fundamental to the fairness of the judicial process.

2. Public Trust and Confidence: A judiciary perceived as neutral and unbiased helps maintain public trust and confidence in the legal system. If judges are seen as politically aligned, their decisions may be viewed as politically motivated, which can undermine the integrity of the judicial system.

3. Equal Justice: The principle of equal justice under the law requires that all individuals receive fair treatment in legal proceedings, regardless of their political affiliations. Politically unaffiliated judges are better positioned to ensure that all parties are treated equally, without favoritism.

4. Separation of Powers: Maintaining a clear distinction between the judicial branch and the political branches (executive and legislative) upholds the separation of powers. This separation is vital to prevent any single branch from exerting undue influence over another, preserving the checks and balances that are foundational to democratic governance.

5. Avoiding Conflicts of Interest: Judges who are politically unaffiliated are less likely to have conflicts of interest when ruling on cases that may involve political parties or issues. This helps ensure that decisions are made based on the merits of the case rather than external pressures.

Overall, political neutrality in the judiciary helps uphold the rule of law, ensuring that justice is administered fairly and without prejudice.

Who is elected, and who is appointed?

Within the San Andreas Judicial Branch, the following offices are either elected or appointed:

Elected Offices

1. State Court Administrator: Elected by the citizens every five years and can serve up to two terms.

2. Judicial Nominating Commission: Comprised of twenty civilians elected by the citizens.

3. Commission on Judicial Discipline: Composed of twenty attorneys elected from around the state, serving four-year terms, with a maximum of 16 years.

Appointed Offices

1. Supreme Court Justices: Appointed by the Judicial Nominating Commission, serving up to eight years per term.

2. Superior Court Judges: Appointed by the Judicial Nominating Commission, serving up to six years per term.

3. County Trial Court Judges: Appointed by the Judicial Nominating Commission, serving four-year terms.