Judges should not be chosen by popular vote, nor by politicians. Both approaches are undemocratic and deeply flawed, perhaps even absurd, despite the fact that the former is in widespread use at the state level, and the latter has always been used at the federal level (in the form of appointment by the President and confirmation by the Senate). A far better option is for judges to be chosen by juries drawn from the public by random selection.
In Classical Athens, often called the birthplace of democracy, a wide range of decisions were made by juries drawn from the citizens by lottery. The jury method of democracy continues today in the form of the trial jury. Before looking at how juries could choose judges, a very brief review of what is wrong with judicial elections may be helpful.
Rule by the people needs to be exercised in an informed manner, because only informed views provide a good basis for a decision. However, popular election is extremely unsuitable for ensuring that judges are chosen in an informed way. The public only learn about judicial candidates voluntarily in their spare time, and generally pay little attention. As Erwin Chemerinsky and James Sample say, “Voters [in judicial elections] rarely know much, if anything, about the candidates, making illusory the democratic benefits of such elections.”
Justice Willett of the elected Texas Supreme Court says:
My name ID hovers between slim and none, and voters know far more about their American…