The are the appointed judges and elected

                                        The
Honorable Ramona Salvarez

 

·     
She
is a Federal Circuit Judge

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·     
She
was appointed by the President of the United States

·     
She
has been a judge for nineteen years working on different cases

·     
She
is divorced with two children

 

Recent case-ruled that a music website charging
automatic membership fees after a free trial violated consumer rights in
multiple states. A group of citizens from one state brought a class action suit
to the court against the music website business, in which they are based in
another state. The business maintains that the policy was agreed to at the time
of signing up for the free trial, but the petitioners claim it was unclear and very
tiny.

 

(Me): I have the great pleasure to
interview Judge Ramona Salvarez. Thank you for taking the time to answer some
questions that I have.

{Judge Salvarez}: Not a problem, I love
helping students with their project, so they can understand the Judicial
process.

 

(Me): Ok, here is my first question: How
is your role in our government different from an elected official?

{Judge Salvarez}: Well for me, I was appointed
to my position by the President of the U.S. and approve by the Senate after a
lengthy interview. With that being said, for me when Judges are appointed we
based all of our decisions on the laws and the Constitution and not the will of
the people. For elected officials it can be hard to be unbiased because they
were elected by the people during elections, so elected officials will listen
to opinions and arguments from people and want them to rule in their favor. So
it can be a little hard for elected officials to make an unbiased decision.

(Me): My second question is how are the
appointed judges and elected officials the same.

{Judge Salvarez}: Well I look at it this
way. Federal and elected officials have the same goals, it is to follow the
laws that have been placed before us and to serve the people of our great
nation. For me judges do their best to be fair and to uphold the Constitution.

(Me): Here is my third question, do you
think that Judges should be elected? Please explain why or why not?

{Judge Salvarez}: My opinion is that judges,
especially federal should be appointed to their position, not elected. If we
were to elected every judge, then we would end up following the people will and
their opinion or government officials and they could influence or hinder how we
rule in a case. So for me, when a judge is appointed by the President of the
U.S. and approve by the Senate. Then we only follow the laws and the
Constitution, so when we make a decision, it is unbiased and fair. In the end
the judges would be able to uphold the laws in the courts.

(Me): Question four is, for you what is
Judicial Review?

{Judge Salvarez}: Wow, what a great
question. Well for me the Judicial Review is the power to analyze and cancel
laws or acts of government if it has been decided unconstitutional in eyes of
the court. It helps give us Federal judges the power to review laws made by
Congress and by the executive branch and to make sure the guidelines of the
Constitution is followed.

(Me): Question five is if you could
please explain the role of Judicial Review in a case you recently decided?

{Judge Salvarez}: My recent case that I
ruled on was that of a music website and that they were automically charging
for membership fees after the free trial was done. Individuals who were on this
site felt that their rights were violated in different states. So the group of
individuals from one state brought a class-action suit to the federal court
against the music website business, in which they were based in another state.

The music website business stated that the policy was agreed upon at the time
of signing up for the free trial, but the petitioners’ claim that the print of
the policy was unclear and very tiny. The Judicial Review in this particular
case was that this company unlawfully was taking individuals money for their
music website because the music website did not make it very clear in the begin
of their policy that they would charge individuals a membership fee after the
free trial.

(Me): My last question is could you
please explain how you arrived at your decision, including any different
factors that affected your decision?

{Judge Salvarez}: The decision came to me
in this case, came after I analyze the information from the petitioners’ and
from the music website business. I carefully looked at our laws and decided
that the music website business violated the petitioners’ rights. It is called
the Consumer Protection law and the music website business violated that law.

The company was misleading in their policy and it was not very clear about the
membership after the free trial. My decision was for the petitioners’ and I
ruled that the music website business would reimburse the individuals who used
the site and suspended the company for 180 days so they could revise their
policy so individuals who visit the music website would have a clear
understanding of what they are signing up for after the free trial.

(Me): Thank you again Honorable Salvarez
for taking the time to answer my questions about Judicial Review.

{Judge Salvarez}: Thank you for coming in
and asking really good question about the Judicial system. Have a wonderful
day.