THE RITTENHOUSE CASE JUDGE in Wisconsin, Cir. Judge Bruce Schroeder, is taking a lot of flak, perhaps rightly so. Some of his legal rulings and courtroom decisions were questionable, at best. For instance, telling the prosecution that they couldn’t refer to the people the defendant shot as “victims,” but allowing the defense to characterize them as “terrorists” or “protesters” was crazy bad. I also saw him instructing the jury on the law from memory rather than reading approved instructions, a major gaffe. Some commentators are now proffering the argument that his perceived inadequacies are the product of a state system that elects judges. I believe that they have a point. When a lawyer runs for a judicial position, the electorate has no earthly idea what kind of a judge he or she would make. Some turn out good; some turn out so-so; some become the runts in the litter within the courthouse complex. But when a state has an appointive system, lawyers must run the gauntlet of a judicial nominating committee made up of lawyers and other community professionals. They can separate the mediocre wannabees from the legitimate contenders through a knowledgeable interview session. Then they send to the governor the few names they have determined to appear qualified. Even if the governor makes an appointment decision based upon politics, at least he’s picking from pre-qualified candidates, which makes it substantially better than the uninformed elective process.
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