Great, something to actually discuss. I'll refer to a comment in another thread.
> The argument for election is so to reduce nepotism and cronyism.
So we come back to the question: "Which is better? Elected judges or appointed judges?"
> They can't just do what they think is right. They have to pander to some niche.
The question is about who's bias you are using to appoint the judge. Are you using the bias of current lawmakers/elites? Or are you using the bias of the public? You're right in that they have to pander to some niche. So which do you want?
I also mentioned in another thread that the point of democracy is to distribute power. Letting officials is a consolidation of power. Letting the public do it is distribution. There's advantages to both.
And honestly, looking at voter information guides, judges are mostly talking about their qualifications and how they are unbiased. In my last guide there were two judges. One said that he served the community well and cited some cases. The other said we need more transparency and that as a judge he would make rulings public to increase transparency of the law. Neither were really pandering to parties. Judges aren't allowed to be affiliated with parties. Neither of those judges were saying things like: "We're going to get those black people," (like Jim Crow era) "I'm a liberal and hold left-wing values," or even things like "I'm concerned with immigration law." The latter because it would be considered political. There are guidelines. These guidelines are to restrict their ability to make party appeals. At least pandering to the public is more transparent.
But when it comes down to it, it really is a question of who they are pandering to, not if they pander. There has to be some mechanism to appoint judges, and they will just pander to whoever is in charge of that.
> The argument for election is so to reduce nepotism and cronyism.
So we come back to the question: "Which is better? Elected judges or appointed judges?"
> They can't just do what they think is right. They have to pander to some niche.
The question is about who's bias you are using to appoint the judge. Are you using the bias of current lawmakers/elites? Or are you using the bias of the public? You're right in that they have to pander to some niche. So which do you want?
I also mentioned in another thread that the point of democracy is to distribute power. Letting officials is a consolidation of power. Letting the public do it is distribution. There's advantages to both.
And honestly, looking at voter information guides, judges are mostly talking about their qualifications and how they are unbiased. In my last guide there were two judges. One said that he served the community well and cited some cases. The other said we need more transparency and that as a judge he would make rulings public to increase transparency of the law. Neither were really pandering to parties. Judges aren't allowed to be affiliated with parties. Neither of those judges were saying things like: "We're going to get those black people," (like Jim Crow era) "I'm a liberal and hold left-wing values," or even things like "I'm concerned with immigration law." The latter because it would be considered political. There are guidelines. These guidelines are to restrict their ability to make party appeals. At least pandering to the public is more transparent.
But when it comes down to it, it really is a question of who they are pandering to, not if they pander. There has to be some mechanism to appoint judges, and they will just pander to whoever is in charge of that.