Selection and appointment of magistrates. Qualification, Selection and Appointment of Magistrates 2022-10-28

Describe the selection and appointment of magistrates Flashcards

Whether or not and the extent to which in practice, the Commission applies these criteria is a topic which deserves more scrutiny. Advertisement of vacancies 3. Notification of existing vacancies 2. All this is aimed at getting as wide a spectrum of potential candidates as possible. A person cannot act as an acting magistrate in one court for a continuous period exceeding three months, although the contract can be renewed. New York State : Judicial Selection by Court.

How magistrates are selected and appointed in South Africa

The process of selecting and appointing magistrates in South Africa involves the following stages: 1. Since 2013, appointments are made by the Lord Chief justice, who can delegate these powers. The discussion might, for example, focus on the type of sentence which should be imposed on specific case facts. Appointment of Acting Magistrates Just as is the case with the superior courts, there are circumstances where there may be a need to appoint acting magistrates in the lower courts. Advertisements are used to try to encourage as wide a range of potential candidates as possible. Another twist on the straight appointive system occurs in Virginia, where the state legislature appoints all judges. One example is a requirement that the candidate chosen be confirmed by a legislative body.

Qualification, Selection and Appointment of Magistrates

There are two primary methods of judicial selection: election and appointment. The second interview is aimed at testing candidates' potential judicial aptitude and this is done by a discussion of at least two case studies which are typical of those heard regularly in Magistrates' Courts. There is usually a two-stage interview process. The current Lord Chief justice has delegated these powers to the Senior Presiding judge. The interview panel will also explore the candidate's attitudes on various criminal justice issues such as youth crime or drink driving. Currently, 33 states including New York and the District of Columbia choose at least some of their judges via the appointive process known as merit selection. Selection and Appointment of permanent Magistrates The process of appointing permanent magistrates is different from that of appointing acting magistrates.

Methods of Judicial Selection

This shortlist is forwarded to the Magistrates Commission in order to trigger the third stage of the process of selection and appointment of magistrates. Appointment by the Minister of Justice 7. Usually three recommendations are made per each vacancy. People are also encouraged to go to open evenings at their local Magistrates' Court. At the first interview the panel tries to find out more about the candidate's personal attributes, in particular looking to see if he has the six key qualities required.

. In a true merit selection system, the chief executive is limited to the names on that list; to provide otherwise would reduce the nominating commission to a mere advisory body. The members tend to be current or ex-justices of the Peace. About 700 new lay magistrates are appointed each year. The appointment is to be done after consulting with the head of the relevant court. Advertisements have been placed in local papers, or newspapers aimed at particular ethnic groups, and even on buses! Shortlisting of candidates for interviews 4.

There is need to inquire into and evaluate the nature of training that is provided by SAJEI. Election Election, of course, is just what it sounds like: Candidates run in partisan campaigns, and the voters choose their judges in ordinary elections. Candidates for the position of magistrates or senior magistrate are interviewed by the sub-committee of the Magistrates Commission. The Magistrates Interview Process This third stage involves shortlisting of candidates to be invited for interviews by the Magistrates Commission. This includes Magistrate, Senior Magistrate, Regional Magistrate, Chief Magistrate or Regional Court President. However, candidates for the position of a Regional Magistrate, Chief Magistrate or Regional Court President are supposed to be interviewed by a fully constituted Magistrates Commission. Once the shortlist has been ratified by the Magistrates Commission, the listed applicants or candidates are then invited for an interview by the Magistrates Commission.

The committees should have a maximum of 12 members and these should include a mixture of magistrates and non-magistrates. Magistracy training for appointment Once appointed by the Minister, the candidate is expected to undergo the necessary training administered by the South African Judicial Education Institute SAJEI. The person to be appointed must be fit and proper and must be appropriately qualified to act in that position. Candidates who succeed at these interviews are recommended to the Minister of Justice for appointment. Probation and confirmation of appointment The first stage in the process is that the head of the court notifies the Magistrates Commission and the Director General of the Department of Justice hereafter referred to as the Director General of the existing vacancies. Appointment Appointment, on the other hand, comes in various forms. Recommending candidates for appointment 6.

About half the members have to retire in rotation every three years. Some also believe that election increases diversity on the bench. These qualifications are prescribed in broad terms and they are that one must: either be a South African citizen or permanent resident; be fit and proper; be in good health; competent in the official languages desired by the Magistrates Commission; they must be suitably qualified which in practice implies having a law degree and one must have the relevant experience as a legal practitioner. The intention is to create a panel that is representative of all aspects of society. In order to decide who to appoint, this judge relies on recommendations made by the local advisory committees. The shortlisting is done by the relevant sub-committee of the Magistrates Commission but this shortlist must be ratified by the entire Commission.

The membership of the committees must be published. The public may attend these meetings. Some states provide only for election of judges; most opt for a hybrid of elective and appointive positions. The successful candidate is then deployed to the relevant district or division where they will serve. On his or her own initiative or after being instructed to do so by the Magistrates Commission, the Director General advertises the existing vacancies. Interested and qualified persons must submit their applications by the stipulated deadline and use the prescribed format. By this means, the voters still have a voice in determining their judicial officers.