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American Government Lecture Three (view source)

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=== State Courts ===

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Each State also has its own court system. Most states have elected judges, but some (including New Jersey) do not. In New Jersey, a judge is appointed by the Governor and confirmed by the Senate, and after a fixed period of years comes up for renewal. Only if he is renewed does he enjoy the equivalent of "tenure" or a lifetime job.

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Judges tend to be more conservative if they are elected, because voters tend to be more conservative than most lawyers. In the South (and in New York) the state judges are elected. It can be startling to an attorney to learn that a judge in his case lost reelection, and his case must be reassigned!

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== Judicial Activism ==

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The "Warren Court" (the Supreme Court when its Chief Justice was Earl Warren) lasted 16 years, from 1953 to 1969, and became known for its liberal "judicial activism." It banned school prayer (''Engel v. Vitale''). It established expansive new rights from criminal defendants, such as the "Miranda warning" ("you have the right to remain silent ....") and the exclusionary rule (evidence seized improperly cannot be used against a defendant in court. <more>

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Republican presidential candidates successfully campaigned against "judicial activism" by the U.S. Supreme Court, and many agree that some of its decisions -- particularly banning school prayer -- were extremely hurtful to the United States.

=== Review of the Process ===

Aschlafly

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