Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
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Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
The qualities required in a candidate for high judicial office are
knowledge of the law, love of justice, high personal character,
calmness, impartiality and independence. Mere popularity, or what so
often is necessary to popularity, good-fellowship, is the last quality
we look for in a judge. The self-seeker and self-advertiser is seldom
qualified by temperament or character for judicial office. It requires
the most thorough investigation as to the professional learning, career
and conduct of a candidate and the most sifting exchange of views
before a judicial candidate can be intelligently and wisely selected.
For want of adequate means of acquiring information, the public in
such large constituencies as the whole state of New York (in the case
of judges of the Court of Appeals) and the various judicial districts
(in the case of justices of the Supreme Court) cannot intelligently
estimate the qualifications of judicial candidates. It seems to me
nonsense to argue that in parties composed of hundreds of thousands
of enrolled electors dispersed throughout the state, the voters can
investigate, or exchange views, or intelligently act in regard to the
qualifications of lawyers who are proposed as candidates for judicial
office--almost as preposterous as if we were to select judicial
candidates by lot from the names placed on the official primary list.
The test of fitness for judicial office should indisputably be
higher and more technical than for other offices. That test should
require special capacity and character, to be ascertained by careful
investigation, exchange of views, open discussion and comparison of
merits by responsible delegates or representatives charged with that
particular duty and acting in public and personally accountable for
mistake, perversion, or corruption. This test can be best secured by
the convention system; practically it cannot be secured at all by any
system of secret direct primaries.
Reform in the selection of judges, if their selection is to be by
election, lies not in schemes to reform human nature by legislative
nostrums and to destroy publicity and responsibility, but in making the
voters appreciate that the government is theirs, that political power
is theirs, that theirs is the duty to send competent representatives
to conventions, that theirs is the responsibility of electing
competent men, and that they are vitally interested in having a
competent, impartial and independent judiciary. Political conventions
will be reliable and responsive if the people will only see to it
that competent, honest and patriotic men are elected to represent
them. There is no other course unless we uproot our whole system of
republican government.
Public-domain text, read in full here on John Shaqi.
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