Selection and appointment of magistrates. Describe the selection and appointment of magistrates Flashcards 2022-10-10
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Describe the selection and appointment of magistrates Flashcards
Some also believe that election increases diversity on the bench. On his or her own initiative or after being instructed to do so by the Magistrates Commission, the Director General advertises the existing vacancies. In order to decide who to appoint, this judge relies on recommendations made by the local advisory committees. By this means, the voters still have a voice in determining their judicial officers. The process of selecting and appointing magistrates in South Africa involves the following stages: 1. The current Lord Chief justice has delegated these powers to the Senior Presiding judge.
Qualification, Selection and Appointment of Magistrates
Appointment by the Minister of Justice 7. 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. The Director General is expected to create a short list of the applicants whose applications show that they meet these minimum qualifications, and whose applications are accompanied by the required documents and have been submitted in compliance with the prescribed format. The appointment is to be done after consulting with the head of the relevant court. There is usually a two-stage interview process. The membership of the committees must be published. The person to be appointed must be fit and proper and must be appropriately qualified to act in that position.
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. 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. Usually three recommendations are made per each vacancy. The interview panel will also explore the candidate's attitudes on various criminal justice issues such as youth crime or drink driving. The successful candidate is then deployed to the relevant district or division where they will serve. Advertisements are used to try to encourage as wide a range of potential candidates as possible.
How magistrates are selected and appointed in South Africa
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. A person cannot act as an acting magistrate in one court for a continuous period exceeding three months, although the contract can be renewed. The public may attend these meetings. Candidates for the position of magistrates or senior magistrate are interviewed by the sub-committee of the Magistrates Commission. 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. Another twist on the straight appointive system occurs in Virginia, where the state legislature appoints all judges. Interested and qualified persons must submit their applications by the stipulated deadline and use the prescribed format.
Anyone can apply to become a magistrate. Advertisements have been placed in local papers, or newspapers aimed at particular ethnic groups, and even on buses! New York State : Judicial Selection by Court. The committees should have a maximum of 12 members and these should include a mixture of magistrates and non-magistrates. The shortlisting is done by the relevant sub-committee of the Magistrates Commission but this shortlist must be ratified by the entire Commission. 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. There is need to inquire into and evaluate the nature of training that is provided by SAJEI. Recommending candidates for appointment 6.
Some states provide only for election of judges; most opt for a hybrid of elective and appointive positions. One example is a requirement that the candidate chosen be confirmed by a legislative body. The Magistrates Interview Process This third stage involves shortlisting of candidates to be invited for interviews by the Magistrates Commission. Minimum qualifications for appointment are prescribed by Regulation 3 1 of the Regulations for Judicial Officers in Lower Courts. Since 2013, appointments are made by the Lord Chief justice, who can delegate these powers.
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. Advertisement of vacancies 3. Candidates who succeed at these interviews are recommended to the Minister of Justice for appointment. The members tend to be current or ex-justices of the Peace. All this is aimed at getting as wide a spectrum of potential candidates as possible. About 700 new lay magistrates are appointed each year. Notification of existing vacancies 2.
There are two primary methods of judicial selection: election and appointment. Whether or not and the extent to which in practice, the Commission applies these criteria is a topic which deserves more scrutiny. Appointment Appointment, on the other hand, comes in various forms. This shortlist is forwarded to the Magistrates Commission in order to trigger the third stage of the process of selection and appointment of magistrates. People are also encouraged to go to open evenings at their local Magistrates' Court.