Home Opinion A Benchside Chat with Judge Tracie A. Todd

A Benchside Chat with Judge Tracie A. Todd

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Judge Tracie ToddCircuit Judge for the State of Alabama Tenth Judicial Circuit – Criminal Division

On June 3, 2014, we will have the opportunity to exercise our right to vote in the Democratic or Republican primary election. We will choose candidates for various state and local positions, including judges.The judicial selection process in Alabama has evolved over the course of almost two hundred years and differs quite significantly from other models.
In the federal system, the President of the United States nominates a candidate to the Senate for confirmation. Federal judges and justices are appointed for life. The municipal judicial selection process in Birmingham follows a city council appointment model for part-time or full time positions with terms of two or four years respectively.
State judicial selection processes vary from state to state. However, in Alabama the process differs substantially from that of the federal and municipal processes, as well as those in a majority of other state systems. In 1819, the first Alabama judges were selected to serve life appointments by the state legislature. In 1830, the term of appointment changed from life to six years. Twenty years later in 1850, the selection of judges was delegated to the citizens of the state by way of popular vote. Throughout the history of the Alabama judiciary, the state judicial selection process has not been immune to the evolution of the political process and partisan politics. Alabama presents candidates for judge by way of partisan elections, meaning that each candidate must choose a political party or seek election as an independent candidate. According to the American Bar Association, critics of this process argue that partisan elections “create enormous ethical dilemmas for judges.” In order to preserve at least the appearance of impartiality, most states have abandoned partisan elections for judges. Alabama is one of only eight states that require judges to choose a party affiliation when seeking election.
According to the election rules for the state, each candidate seeking nomination for circuit or district judge must be licensed to practice law in Alabama. The candidate must have resided in the circuit in which the candidate seeks to serve for one year prior to election. She/he must be at least 18 years of age, but not more than 70. Finally, she/he must have been licensed by the Alabama State Bar Association a combined total of five years (three years for district court) or more, or by any other state bar association for a combined total of five (three years for district court) or more, prior to beginning a term of office or appointment to serve a vacant term of office.
This primary cycle voters in the Birmingham Division of Jefferson County will choose candidates for two circuit court seats, Place 10 and Place 3. The chosen candidates will appear on the ballot in the November general election, along with District Court Place 2, currently held by Judge Shanta Owens, who is seeking re-election.

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