One problem I have with what’s referred to as “merit selection” of judges (hat tip: Glenn Reynolds) is the assumption that by removing the power to appoint judges from the people and placing it in the hands of a committee that you’re actually removing politics from the decision. My experience is that committees are not immune from politics and that what merit selection actually does is disenfranchises most of the people in favor of a handful of lawyers.
I’d like to propose a different sort of reform for judges and that’s educational reform. Why do both lawyers and prospective judges go to law school? Why don’t prospective judges go to judge school? Is the adversarial system an intrinsic part of our legal system? If so, how does it aid in the training of good judges?
