Should there be a mandatory retirement age for federal justices? (user search)
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  Should there be a mandatory retirement age for federal justices? (search mode)
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Author Topic: Should there be a mandatory retirement age for federal justices?  (Read 3414 times)
Virginiá
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« on: April 02, 2016, 02:27:15 AM »

The lifetime tenure political appointment process is really disgusting and has produced a perverse judicial system - probably the most politicized high-stakes, overpowered judicial system in the world. It's pretty horrific that national policy is determined by when individual die. All of the downsides of a monarchy with none of the upsides.

The whole point of life tenure is to isolate judges from outside influence. If you know you can stay a judge your whole life, then you're less likely to be swayed in one form or another. So I'm wondering how high-stakes issue comes into play here - They don't really have to care what the world thinks, as there is no retention election or retirement approaching where you need to protect your options, thus risking being impartial.

We could go about creating more restrictions on what kind of outside income they can receive, or other ideas for mitigating conflicts of interest or influence of special interests. Also, maybe, having a large panel of judges, or SCOTUS review/punish certain judges who seem to be issuing rulings based on an agenda outside the law.

I just can't see ending lifetime tenure as positive. At face value, it seems reasonable, but it opens them all up to a lot of influence, unless every judge we put up is so old that they will die on the bench.
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Virginiá
Virginia
Administratrix
Atlas Icon
*****
Posts: 18,920
Ukraine


Political Matrix
E: -6.97, S: -5.91

WWW
« Reply #1 on: April 02, 2016, 01:00:28 PM »

Almost every other country in the world has some kind of term limit on judges. And they seem to be doing fine. Not only fine, their judicial system simply seems superior because they don't have the insane political conflicts over the court that then seeps into every aspect of American life.

Right, but our country currently has a massive special interests problem. I don't know much about the legal systems and corruption of other countries, but I don't think it's safe at this point in time to institute term limits like that. If we could take care of the special interests problem with significant regulations on any sort of lobbying/donations/campaign financing/etc, then I personally would be more open to some sort of term limits. Though, personally, it's not an idea I would push for but rather tolerate.
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