Sunday, July 19, 2026

Pick Your Own Judge

Beneath the Black Robe: Bias, Corruption, and the Case for Choosing Judges is an interesting proposal by Richard W. Morris to reduce the level of bias and corruption in the legal system by allowing each litigant  to choose a judge and then those two judges chose a third so that the case is heard by a three judge panel. 

Suppose each party selects one judge. Those two judges select a third to preside. Three independent minds are less likely than one to be overcome by bias, incompetence, or corruption. Better still, litigants gain confidence in a system they helped shape rather than one imposed upon them.

Judges who repeatedly demonstrate poor judgment, bias, or inefficiency would simply stop being selected.

Although I think this would greatly improve justice and equity within the legal system, I suspect the cost as well as institutional resistance would block it from ever being implemented. Well maybe not ever but not for some time. 

The good news is at least corruption and bias is being viewed as a problem although I think Morris underestimates its true extent. 

Richard W. Morris, as an aside, and an interesting bio:

Richard W. Morris, a retired lawyer licensed in the United States Supreme Court, two U.S. states (Arizona and California) and the United Kingdom of England and Wales, a member of Mensa, and a former teacher and adjunct professor in economics. He holds the academic degrees of Bachelor of Science in Business Administration (B.S.) with a major in economics, Juris Doctor (J.D.), and Doctor of Philosophy in Business Administration (Ph.D.). During his half-century in aviation (airline transport pilot, flight and ground instructor licenses), he flew as pilot-in-command (captain) in some 40 countries on four continents.

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