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I don’t think I have this all figured out either, and I would not want to be in charge of this. It’s a very complicated, dynamic issue with dire consequences fo
by everforward 2y ago
I don’t think I have this all figured out either, and I would not want to be in charge of this. It’s a very complicated, dynamic issue with dire consequences for mistakes. Hats off to anyone making a genuine attempt at progress.
> But still, it doesn't have to be that way, if there are more judges, better pay, a lower barrier of entry, and a lot of automation.
I believe if you want more judges, the first issue would be creating more courts. I don’t think there are vacant courts for us to hire more judges into. Someone would have to do some napkin math on how many new courts are local, circuit, appellate, etc. Not a huge deal, just saying the current constraint there is courts rather than judges.
I’m also not a fan of lowering the barrier to entry of being a judge. Remember that any judge can create binding precedent (our whole legal system would need an overhaul to get rid of that). That can be overruled, but it makes court cases a mess and erodes confidence in the court system when it’s impossible to predict what precedent will be applied.
Also, I think there are virtually no barriers to entry. There are no binding requirements to become a judge short of being nominated (no law requires a judge to have been a lawyer or even to have been in a courtroom before). I believe the same is common for county judges. I’ve been to a few rural counties where the former sheriff was running for judge or something (God help us all).
I don’t disagree that we can get better, but I just don’t think we can sustain this level of continued addition of regulations.
Even beyond the costs, the lack of enforcement is teaching an awful lot of people that they don’t _really_ have to follow laws. The umpteenth time someone commits a felony and hasn’t been caught, they start to realize the laws are mostly a facade which emboldens them.
People are buying full auto switches for Glocks off Wish. Nothing says “our justice system isn’t working” quite like people being willing to tie their purchase of an item that carries a decade prison sentence to their PayPal account. It’s not even a clever scheme or well hidden; people are just that confident that our justice system is too dysfunctional to be able to find out about it and file a warrant with PayPal. And they’re largely correct.
- trimethylpurine 2y agoAgreed. For clarity, the barrier of entry I'm referring to is financial. Law school just costs too damned much to then go practice in the public sector and make next to nothing. We want smart people to be judges, but we're eliminating potential candidates that opt out because some simple math finds the return on investment for law school isn't motivating in a permanent position in the public sector. The former judges I know became judges to bump their opportunity at partnership at big law firms. They just worked some years in the public and then flipped to private when the salary offers looked good. Same for AG office, etc.