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148
Chapter 8
JUDGES
TEST BANK
MULTIPLE CHOICE
1. What is one of the most frustrating aspects of being a judge?
a.
heavy caseloads
b.
administrative problems
c.
heavy caseloads and corresponding administrative problems
d.
working with the courtroom work group
2. How many states currently use election by legislature to choose judges?
a.
none
b.
one
c.
two
d.
three
3. The U.S. Constitution specifies that the President of the United States has the power to
nominate judges with the advice and consent of the
a.
Judicial Conduct Commission
c.
U.S. Supreme Court
b.
U.S. Senate
d.
U.S. Department of Justice
4. What do senators influence through senatorial courtesy?
a.
state judicial selections
b.
Supreme Court Justice selections
c.
State judicial conduct commission
d.
federal judicial selections
5. Merit selection is commonly referred to as the
a.
California System
c.
Delaware Selection Method
b.
New York Bar System
d.
Missouri Bar Plan
6. All states that have altered judicial selection techniques in recent years have adopted
some form of
a.
merit selection
c.
election
b.
legislative appointment
d.
executive appointment
7. The United States Constitution specifies that all Article III federal judges are to be chosen
by which form of selection?
a.
executive appointment
c.
bipartisan elections
b.
partisan elections
d.
merit selection
8. What form of judicial selection requires judges to face a retention ballot after a short time
in office?
a.
partisan election
c.
merit selection
b.
gubernatorial appointment
d.
legislative appointment
9. In carrying out responsibilities in court, judges mainly react to the work of prosecutors
and
a.
interpreters.
c.
defense attorneys.
b.
court reporters.
d.
stenographers.
10. Federal judges are appointed for how long?
a.
four-year terms
c.
ten-year terms
b.
six-year terms
d.
life
11. What form of judicial selection is supported as a way to sift out unqualified applicants?
a.
partisan election
c.
nonpartisan election
b.
appointment
d.
merit selection
150
12. What term means allegations of judicial wrongdoing?
a.
removal
c.
conviction
b.
impeachment
d.
none of these
13. What is a common practice in large courts?
a.
courtroom work group shopping
b.
judge shopping
c.
courtroom shopping
d.
bail shopping
14. What happened to three Iowa Supreme Court justices who rule that a state law banning
same-sex marriage violated the state constitution?
a.
they were impeached
b.
they were found guilty of ethical violations
c.
they were removed from office
d.
Nothing
15. Which of the following is not a characteristic of the traditional American judge?
a.
female
b.
upper-middle class background
c.
Protestant
d.
better educated than the average American
16. What percent of federal judges had prior government experience?
a.
Less than 10
c.
50
b.
33
d.
80
17. Approximately what percentage of state court judges in the United States are women?
a.
Less than 10
c.
33
b.
29
d.
50
151
18. What percent of federal judges African-American?
a.
approximately 11%
c.
approximately 21%
b.
approximately 31%
d.
approximately 41%
19. According to Sally Kenney (2012), what does having women on the bench add to the
institution?
a.
legitimacy
c.
intelligence
b.
ethnic diversity
d.
all of these
20. An increasing number of federal court vacancies have been filled by women since whose
presidency?
a.
Bill Clinton
c.
George W. Bush
b.
Ronald Reagan
d.
Jimmy Carter
21. What state was the first to adopt a modern and practical system for disciplining its
judges?
a.
Missouri
c.
Florida
b.
Connecticut
d.
California
22. A recent study of judicial voting in thousands of cases showed that in most areas of law
the decisions of female and male judges
a.
are always different
b.
are never different
c.
are often different
d.
are rarely different
23. With regard to judicial elections, the U.S. Supreme Court has ruled that
a.
race is a permissible consideration in drawing congressional voting districts
b.
judges cannot be elected in ways that place minority candidates at an unfair
disadvantage
c.
it is legal to elect judges from an entire judicial district, which may, unfortunately
“dilute black voting strength”
d.
those who draw election districts must consider whether white voters are likely to
vote for minority candidates
24. Formal methods for removing unfit judges include which of the following?
a.
impeachment proceedings
b.
recall elections
c.
impeachment proceedings and recall elections
d.
impeachment proceedings, recall elections, and judicial conduct commissions
25. In what case did the U.S. Supreme Court announce that candidates for judicial office are
free to announce their views on key issues?
a.
Republican Party v. White, 2002
b.
Clark v. Edwards, 1988
c.
Chisom v. Roemer, 1991
d.
Gregory v. Ashcroft, 1991
26. Which of the following statements is true about judicial conduct commissions?
a.
The hearings are open to the public
b.
The commission has the authority to remove judges from the bench
c.
The commission investigates all complaints brought to its attention
d.
None of these are true about judicial conduct commissions
27. Prior to the 1980s, how many federal judges were removed from office?
a.
4
c.
40
b.
25
d.
75
28. Federal judges may be removed from office
a.
through impeachment procedures
b.
through a recall election
c.
by presidential decree
d.
by the judicial council
153
29. If a recommendation of impeachment of a federal judge is made by the judicial council
what entity may vote articles of impeachment?
a.
The House of Representatives
b.
The Senate
c.
The Judiciary
d.
The House and the Senate
30. According to the Breyer Commission approximately what percent of “high-profile
complaints… filed by attorneys, court personnel, or public officials” were mismanaged
by the federal judiciary?
a.
10 percent
c.
35 percent
b.
25 percent
d.
50 percent
31. If the state judicial conduct commissions find merit to the complaint about a judge they
often
a.
work informally to correct the problem
c.
file formal charges
b.
work formally to correct the problem
d.
file formal warnings
32. Over the past several decades, the composition of the bench has become
a.
more diverse
c.
less diverse
b.
more white
d.
more male dominated
33. The various selection systems produce judges with
a.
very similar backgrounds
c.
very diverse backgrounds
b.
very poor backgrounds
d.
very productive backgrounds
34. How many different major ways are there for judges to be selected in the United States?
a.
two.
c.
three.
b.
four.
d.
five.
36. Who is the most prestigious member of the courtroom workgroup?
a.
the judge
c.
the prosecutor
b.
the defense attorney
d.
the court clerk
37. What agency developed the Model Canon of Judicial Ethics?
a.
The Supreme Court
c.
The Judicial Committee
b.
The Breyer Commission
d.
The American Bar Association
CRITICAL THINKING SCENARIOS
CASE 8.1
In evaluating which judicial selection system is best it is important to determine if one system
produces better judges than another. Judicial folklore has long held that particular systems may
produce superior judges. Several studies have systematically analyzed this folklore. Researchers
use measurable judicial credentials, such as education and prior legal experience, as indicators of
judicial quality.
38. Which of the following statements is true?
a.
Some methods of judicial selection produce much better judges than others.
b.
Methods of judicial selection make a difference, but not much.
c.
Methods of judicial selection make no difference.
d.
None of these statements is true.
39. Which system is likely to produce judges who were former legislators?
a.
the appointment system.
c.
the Missouri system.
b.
the merit system.
d.
the election system.
40. Which system is likely to produce judges who have held political office?
a.
the appointment system.
c.
the Missouri system.
b.
the merit system.
d.
the election system.
155
CASE 8.2
A U.S. district judge pled guilty to obstruction of justice for lying to judges who investigated
sexual misconduct complaints. Sentenced to 33 months in federal prison in May 2009, the judge
attempted to retire from the bench, thereby allowing him to draw his salary. He was impeached
and resigned from the bench in disgrace, effectively ending his impeachment trial.
41. Who impeached the U.S. district judge?
a.
the House of Representatives
b.
the Senate
c.
the Supreme Court
d.
the judicial commission
42. If the proceedings went to trial who would conduct the trial?
a.
the House of Representatives
b.
the Senate
c.
the Supreme Court
d.
the judicial commission
CASE 8.3
For most Americans, the judge is the symbol of justice. Of all the actors in the criminal justice
process, the public holds the judge most responsible for ensuring that the system operates fairly
and impartially. And most certainly the trappings of office—the flowing black robes, the gavel,
and the command “All rise!” when the judge enters the courtroom—reinforce this mystique. As
important as these symbols are, they sometimes raise obstacles to understanding what judges
actually do and how they influence the criminal justice process.
43. The formal powers of judges extend
a.
throughout the criminal court process
b.
from arrest throughout the criminal court process
c.
from the time an offenders commits a crime to prison.
d.
None of these answers is correct
44. Which of the following is/are the jobs of a judge?
a.
arrest offenders
b.
record court proceedings
c.
impose sentences
d.
charge defendants
156
45. The vast array of legal powers possessed by judges often leads people to
a.
overestimate the actual influence of the judge
b.
underestimate the actual influence of the judge
c.
understand the actual influence of the judge
d.
None of these answers is correct
TRUE/FALSE
1. Judges are under pressure to move their docket.
2. A judge may decide that a case cannot continue on to trial because s/he believes there is
no probable cause that an offense was committed.
3. Judges may award jobs to friends, relative, campaign workers, and party members.
4. Judges are the most prestigious members of the courtroom work group.
5. “Judge shopping” rarely occurs in large urban courts.
6. Judges who fail to move their docket may be transferred to less desirable duties.
7. Over the past several decades, the composition of the bench has become less diverse.
8. Judges are never elected.
9. Most judges are newcomers to political life; most have little (if any) political experience.
10. Incumbent judges are very likely to be voted out of office.
11. If state judicial conduct commissions find merit to a complaint about a judge, they often
implement formal sanctions immediately.
12. The Senate is the entity that votes on articles of impeachment.
ANS: F REF: Judging the Judges OBJ: 6 KEY: Bloom’s: Remember
13. When the executive or the legislature selects judges, fewer district attorneys become
judges.
14. In operation, the Missouri Bar Plan increases the power and role of the legal profession in
judicial selection.
15. Critics of judicial elections assert that they are fundamentally inconsistent with the
principle of judicial independence.
16. Research indicates that whether elected by voters, appointed by the governor, or selected
through merit plans, state judges are more alike than different.
17. If a complaint against a state judge is serious, the state judicial commission may remove
the judge from office.
18. There are three major was that judges are selected in the United States.
19. Recent studies show that threats against federal judges are on the increase in the United
States.
20. In Miller v. Johnson (1995) the U.S. Supreme Court held that race is a permissible
consideration in drawing congressional voting districts.
21. Prohibition on conduct that brings the judicial office into disrepute is a requirement of
canons of judicial ethics.
22. Examples of judicial misconduct may range from a conviction for drunk driving, to
failing to supervise a courtroom, to taking bribes in return for official acts.
23. Judges may be impeached.
24. Impeachment does not mean conviction, but rather allegations of wrongdoing.
25. Evidence exists to suggest that the merit selection system systematically produces
“better” judges.
COMPLETION
1. A judge’s office is commonly referred to as _____.
2. Judges are _____ by other members of the courtroom work group.
3. The formal _____ of judges extend throughout the criminal court process.
4. Judicial _____ Evaluations are an important tool for maintaining judicial accountability.
5. The American Bar Association is the national _____ association.
6. The Senate _____ Committee holds a hearing on Presidential judicial nominees before
the full Senate votes to confirm the nomination.
7. The U.S. _____ specifies that the President of the United States has the power to
nominate judges with the advice and consent of the Senate.
8. When legislators appoint _____, it is quite clear that former legislators are more likely to
be selected than in other systems.
9. Judicial-_____ program helps beginning judges learn their new roles.
10. In _____ elections, the candidate’s political party is listed on the ballot.
11. Barack Obama demonstrated his commitment to judicial _____ by nominating the first
Latina to the U.S. Supreme Court.
12. The three major methods of judicial selection include _____, judicial elections, and merit
selection.
13. Judges selected via _____ generally react to public opinion.
161
14. A critical issue in judging the judges is how to devise a system for removing unfit judges
while at the same time guaranteeing judicial _____.
15. Because of the special role that judges occupy in the adversary system, they are subject to
additional _____ constraints beyond those imposed on lawyers.
16. Merit plans are _____ systems, incorporating elements from other judicial selection
methods.
17. Judicial _____ commissions consisting of lawyers, judges, and laypersons are used to
investigate allegations of misconduct against state judges.
18. State judicial conduct commissions were first created in _____ for the purpose of
disciplining judges.
19. _____ does not mean conviction, but rather allegations of wrongdoing—roughly the
equivalent of a grand jury indictment.
20. Federal judicial _____ are initially heard by judicial councils, which are the
administrative arm of each U.S. Court of Appeals.
ESSAY
1. Explain the three main methods of judicial selection.
2. Identity the reasons that the American Judicator (n.d.) asserts that merit selection is the
best way of selecting judges.
163
3. The dominant profile of judges as white males is changing in both federal and state
courts. Discuss how the bench has become more diverse, including whether or not the
research shows that female judges are more liberal than their male counterparts. Also
explain what type of judicial selection method places more women and minorities on the
bench.
4. Discuss the need to balance judicial independence and judicial accountability. Be sure to
provide examples.
5. Describe the process of impeachment for a federal judge from the complaint stage to the
dismissal stage.
ANS:
164
6. Discuss the role of the judge within the courtroom work group.
7. What are the additional ethical constraints imposed upon judges beyond those imposed
on lawyers? What is the purpose of these codes? What are some examples of judicial
conduct which has violated these constraints?
ANS:
8. Judges are appointed by executives, elected by the voters, or appointed through a merit
selection process. The various selection systems produce judges with very similar
backgrounds, including local ties and past political involvement. No evidence exists that
one selection system systematically produces “better” or “worse” judges than another,
although research does reveal some differences in judicial approaches to decision
making. Describe the system you believe is best and provide support for your argument.
