This discussion guide is for use with the video “State vs. Federal Courts,” which features a conversation with the Hon. Renée Cohn Jubelirer of the Commonwealth Court of Pennsylvania, Robert Heim, Esq., and the Hon. Theodore McKee of the U.S. Court of Appeals for the Third Circuit. Lynn A. Marks, Esq., moderates the panel discussion, which took place at the Fair and Impartial Judiciary Symposium on October 26, 2019, at the University of Pennsylvania Law School.
Summary: Beginning with the Founders, the assumption has been that a fair and impartial judiciary requires judicial independence. Article III of the U.S. Constitution sought to ensure this independence through a system that provided for the appointment of judges who would serve during “good behavior” (i.e., life tenure). Initially, most of the states copied this system, but later many changed it, influenced by a different view of democracy developed during what is generally known as the Jacksonian era. The result: These states now provided for the popular election of judges based on fixed terms of service. In 1940, Missouri adopted a system that intended to take politics out of the process of choosing judges. Subsequently, this plan was adopted by many states. Learn more from a discussion about state and federal courts.





