Our high standards are most clearly seen when we review judicial candidates with substantial ability in some or most areas, but a lack of demonstrated excellence on one or more of the areas identified above. The Council believes that it is preferable to risk erring by not appointing such a candidate to the federal bench. There are three reasons for doing so. First, because the appointment is for life, judges of limited ability or poor temperament cannot be removed. Second, the position is far too important to settle for less.
Federal judges decide many of the most important and difficult issues our society faces.
And even in less important matters, poor judges increase litigation costs, cause undue delay and uncertainty in rendering justice, and do substantial damage to litigants. Third, the position often defeats anyone lacking outstanding credentials. In evaluating a proposed nominee to the Seventh Circuit, the Council weighs these factors somewhat differently than for District Judges. Appellate courts are strengthened by having members with different backgrounds. Other backgrounds are also useful to an appellate court.