(1) By appointment of governor, as in Ohio: Ala. A 6, S 158; Ariz. A 6, S 3 & 5; Cal. A 6, S 3; Ga. A 6, S 3, Par. 3 (2) By special election except when unexpired term does not ex- Ark. A 7, S 50; Colo. A 6, S 29; 111. A 6, S 32; N. Y. A 6, S 8; Ore. A 7, (3) By appointment of the court: La. A 86 (amdt. 1904) (vacancies filled by court until ensuing Congressional election). VIII. REMOVAL OF JUDGES. OHIO A 4, S 17. Judges may be removed from office, by 1. (1) By concurrent action of both houses of the General Assembly Cal. A 6, S 10; Ill. A 6, S 30; Kan. A 3, S 15; Md. A 4, S 4; Mo. A 5, S 11; Ala. A 7, S 173 (in case of Supreme Court); Ariz. A 8, Par. 2, S 2; Ark. A 15, S 1; Colo. A 13, S 2; Conn. (amdt.) A 12; Fla. A 3, S 29; La. A 217; Md. A 4, S 4; Minn. A 13, S 1; Mo. A 7, S 1; Mont. A 5, S 17; Nev. A 7, S 2; N. J. A 6, S 3; N. Y. A 6, S 13; Okla. A 8, S 1; Pa. A 5, S 15; S. C. A 15, S 3; S. Dak. A 16, S 3; Tenn. A 5, S 4; Tex. A 4, S 2; Utah A 6, S 19; Wash. A 4, S 2 (except judges of courts not of record); Wyo. A 3, S 18. (3) By the governor upon address of the Assembly, two-thirds of all the members elected to each house concurring: Conn. A 10 (amdt.); Ky. S 112 & 129; Mich. A 9, S 6; Miss. A 4, S 53; N. H. A 72 (simple majority only); Ore. A 7, S 20; Pa. A 5, S 15 (excepting the Supreme Court). (4) By the Senate on recommendation of the governor: Cal. A 6, S 10, in the case of judicial officers below the Supreme Court, except justices of the peace. (5) By the Supreme Court in case of judges of inferior courts: Ind. A 7, S 12; Tex. A 15, S 6. Method of removal. N. Y. A 6, S 13, in the case of judicial officers below the Supreme Court, except justices of the peace. (6) On conviction in a court of law: Md. A 4, S 4; Miss. A 175; Ore. A 7, S 20. (7) By recall: Ariz. A 8, S 1-6; Cal. A 23, S 1; Ore. A 2, S 8. IX. QUALIFICATIONS OF JUDGES. 1. fications required. What quali- OHIO A 15, S 4. No person shall be elected or appointed to any office in this state, unless he possesses the qualifications of an elector. 1. How fixed. The different states provide various qualifications, a brief outline of which is shown below: (1) In seventeen state constitutions, requirement is made that judges shall be citizens of the United States. (2) In twenty-four constitutions it is required that judges shall have been residents within the states for a given length of time. (3) In twenty-two constitutions, judges are required to be resi- (4) In thirteen states, judges must be learned in the law. (9) In the following states it is provided that no judge shall Ark. A 7, S 20; Md. A 4, S 7; Miss. A 6, S 165; Tenn. A 6, S 11; X. COMPENSATION OF JUDGES. OHIO A 4, S 14. The judges of the supreme court, and of the court of common pleas, shall, at stated times, receive, for their services, such compensation as may be provided by law; which shall not be diminished, or increased, during their term of office; but they shall receive no fees or perquisites, nor hold any other office of profit or trust, under the authority of this state, or of the United States. All votes for either of them, for any elective office, except a judicial office, under the authority of this state, given by the General Assembly, or the people, shall be void. (1) Fixed in constitutions, in the following states, but usually Ariz. A 6, S 10; Cal. A 6, S 17 (amdt. 1905, Supreme Court only); Fla. (2) The following state constitutions contain provisions similar to Ala. A 6, S 150; Ark. A 7, S 10; Ind. A 7, S 13; La. A 114; Me. A 6, (3) The following states have provisions similar to that of Ohio in Ala. A 6, S 150; Ark. A 8, S 18; Cal. A 6, S 15; Colo. A 6, S 18; Del. XI. COURTS OF CONCILIATION. OHIO A 4, S 19. The General Assembly may establish (1) Similar provisions are found in the following constitutions: XII. CLERKS OF COURTS. OHIO A 4, S 16. There shall be elected in each county, by the electors thereof, one clerk of the court of common pleas, who shall hold his office for the term of three years, and until his successor shall be elected and qualified. He shall, by virtue of his office, be clerk of all other courts of record held therein; but, the General Assembly may provide, by law, for the election of a clerk, with a like term of office, for each or 9 D. OF C. 2. 3. 4. Terms of office. any other of the courts of record, and may authorize the judge of the probate court to perform the duties of clerk for his court, under such regulations as may be directed by law. Clerks of courts shall be removable for such cause and in such manner as shall be prescribed by law. (1) Similar provisions are found in the following states: Ala. A 6, S 165; Ark. A 7, S 19; Ariz. A 6, S 18; Cal. A 6, S 4; Fla. A 5, (1) The terms of office vary from two to eight years: District and (1) In the following states the District and Circuit Court Clerks are Circuit Courts, clerks ap pointed by courts themselves. Supreme appointed by those courts: Colo. A 6, S 19; N. H. A 81, Par. 2. (1) In a few states, clerks of Supreme Courts are elected at large: Court clerks. Ind. A 7, S 7; Ky. S 120; Md. A 4, S 17; Minn. A 6, S 2; Miss. A 168; Mont. A 8, S 9; Okla. A 7, S 7. (2) In the constitutions of the following states, the clerks of the Ala. A 6, S 164; Ark. A 7, S 7; Ariz. A 6, S 17; Colo. A 6, S 9; Fla. VII. ELECTIVE FRANCHISE. tions. OHIO A 5, S 1. Every white male citizen of the United 1. QualificaStates, of the age of twenty-one years, who shall have been a resident of the state one year next preceding the election, and of the county, township, or ward, in which he resides, such time as may be provided by law, shall have the qualifications of an elector, and be entitled to vote at all elections. Similar provisions in regard to the qualifications of an elector are Ark. A 3, S 1; Cal. A 2, S 1 & 24; Colo. A 7, S 1; Conn. A 6, S 1, 2, 8, The following dissimilarities are to be noted: (1) Length of ume required to have right to vote: Idaho A 6. S 2 (amdt.); Ind. A 2, S 2; Iowa A 2, S 1 (amdt.); Kan. (2) States having educational qualifications: Cal. A 2. S 1: Colo. A 7, S 3; Conn. A 29 (amdt.); Del. A 5, S 2; La. (3) States having property qualifications: Conn. A 6. S 2; Fla. A 6, S 8; Ga. A 2, S 1; La. A 197, S 4; Miss. A 12, (4) Permitting women to vote at all elections: Cal. (amdt. 1911); Colo. A 7, S 1; Utah A 4, S 1; Wash. A 6, S 1 (amdt. 1910); Wyo. A 6, S 1; Idaho A 6, S 2 (amdt.) (5) Permitting women to vote at school elections: Me. A 7, S 8; Mont. A 9, S 10; N. D. A 5, S 128; S. D. A 7, S 9. (6) Permitting women to vote at elections involving tax measures: La. A 199; Mont. A 9, S 12; Mich. A 3, S 4. |