>If judges in a jurisdiction are elected, it is the responsibility of the electorate to make sure the judges they select are the most qualified (perhaps by stud

>If judges in a jurisdiction are elected, it is the responsibility of the electorate to make sure the judges they select are the most qualified (perhaps by studying previous decisions, academic publications, etc). Analogously, if judges are appointed by other elected officials, it is the responsibility of the electorate to select public servants who are good at appointing competent judges. Responsibility is not a zero sum game. Voters and officials who elect and appoint judges are responsible for their actions just as much as judges are responsible for upholding and following the law. While many areas of the law are ambiguous and up to the discretion of the judge to decide, many other areas are well-established and clear cut (such as the illegality of jailing defendants who have not had access to a lawyer). The fact remains that we cannot exist as a society that depends on the rule of law to function if we have judges and other officers of the court who are unwilling or incapable of upholding the law as it exists.