The Courts and Their Judges Essential Question: How are the State Courts organized?

Justices of the Peace Each State constitution creates a court system for the State Much of Judicial procedure and organization is left up to legislature Justices of the Peace- “JPs” are on the lowest rung of the State Judicial ladder rule over justice courts Gradually disappearing – found in small rural towns They orginally served a very useful purpose Travel was hard because many people were rural Justice courts made it easy for people to receive a quick hearing

Usually popularly elected, mainly try misdemeanors– traffic violations, public drunkenness, disturbing the peace Issue certain warrants, hold preliminary hearings, and perform marriages Preliminary hearing- first step to a major criminal prosecution  judge decides if there is enough evidence “fee system” judges get a portion of the fines they give out  led to abuse of power

Magistrates’ Court City cousins of JPs Minor civil complaints and misdemeanors which occur in urban settings Preside over magistrates’ court or police courts Usually popularly elected for short terms

Municipal Courts Established in Chicago in 1906 City wide Hear civil cases involving thousands of dollars as well as misdemeanors Organized into divisions: civil, criminal, small claims, traffic and probate Small claims is for people who cannot afford lawsuits Bring a claim for little to no cost Informal – no attorney for either side

Juvenile Courts Individuals under 18 years old Designed to address the special needs and problems of young people Emphasizes rehabilitation over punishment Certain offenses, they may be tried as an adult States are making it easier to try juveniles as adults

General Trial Courts Important civil and criminal cases are heard in State’s general trial courts Every State is divided into judicial districts or circuits covering one or more counties Known as district circuit, chancery, county, or superior court, or court of common pleas most legal actions brought under the State begins here

Courts of “first instance” Exercise original jurisdiction over most cases they hear When cases do come to them it is appealed from a lower court De novo- new trial, as though it has not been heard single judge  heard by a petit jury Decisions are final, although, may be appealed to a higher court In highly populated districts, estate settlements are held in separate trials called tribunals Aka: surrogate, probate, or orphan courts

Intermediate Appellate Courts Courts of appeal  stand between trial courts and the State’s Supreme court To ease the burden on the Supreme court Often called the court of appeals exercise appellate jurisdiction- the authority of the court to review decisions of lower courts Do not have hearing – hearing oral arguments from attorney’s, study written arguments, and review the records from the lowers courts Decides whether the law was correctly interpreted

State’s Supreme Court Highest court in the judicial system Major job is to review the decisions of the lower courts Usually 5-7 justices (PA has 7) PA- elected to 10 year terms Court of last resorts – has the FINAL say in matters of State law

Few go to the United States Supreme Court Can only go to the Supreme Court if: (1) “federal question” some matters of federal law are involved (2) the Supreme Court agrees to hear the appeal

Unified Court Systems Courts were usually geographically organized States are now turning to unified court systems Technically one court for the entire State Presided over by a chief judge or judicial council Number of levels: supreme, intermediate appellate, and general trial sections divisions hear specialized or heavy-caseload areas of the law

A judge is assigned the a section or division where their talents or interests are best suited To relieve overcrowding, judges may be assigned to different sections

Selection of Judges More than 15,000 judges Chosen three ways: (1) popular election (most common), (2) appointment by the governor, (3) appointment by legislator (least common) How should judges be selected? Most people think judges should stay out of politics selection by legislature is the most political Popular election is widely used and widely popular

Missouri Plan For over 75 years, American Bar Association (ABA) combines the election and appointment Missouri, 1940-combined election and appointment Governor appoints seven justices of the Supreme Court and 32 judges of the Court of appeals Appointments are selected from a list created by a judicial nomination committee Judge serves for a year until the next general election and then the people may vote on if the judge should be kept in office – if voted on, then the judge will serve a normal 6 year term or 12 for higher courts

Grab a laptop and visit: https://www.icivics.org/games/court-quest You may either create an account or click “no thanks” Read the instructions first to begin! Then PRINT your Certificate and hand it in to me