Morning journal and courier., 1885-03-28
Saturday, March 2s, 1855.
SELECTING JUDGES.

How to get good judges is a great prob
lem Election by the people is not an infal
Hble solution of it, neither is election by the
legislature. AS we noted yesterday the Gin
cinnati bar association has been dealing with
the conundrum, and thinks it finds a solu-
tion in the selection of candidates for :judic-
ial positions by the association. The plan is
to send to the nominating conventions of
both parties the names of such attorneys as
the association desires to see elected to the
bench. If either convention fails to follow
the rec commendation of the association, the
other party will receive the associations IS
support in that campaign. If both parties
adopt the recommendations members of the
association will be at liberty to vote with the
party of their choice.
This problem is also receiving considera-
ton in New York, where bill is proposed
'fto prohibit and punish soliciting from ju-
dicial officers or candidates for judicial Of
fees, and the payment by such candidates of
assessments, subscriptions, or contributions
for political purposes" 1t is a notorious
fact that except in rare instances man
obtain a nomination to any of the courts
of New York city without paying a large
sum for it in the guise of an assessment lev
led upon the candidate by the thall' or
political organization from which he obtains
the nomination. The amounts in which the
nominees for the higher courts are thus fined
are large, running up to $4,000,
or even more This system is a
great evil, and its cure is of the
highest Importance both to lawyers and to
the general. public. As the New
York Post says: When it is re-
nembered that the candidates for the
bench are not general rule rich men the
scandalous nature of the system cannot be
exaggerated. The successful candidate often
enters upon the duties of his Office burdened
with obligations arising from the expense of
his nomination and election, which Judge
above all elective offers ought never to be
subjected to. The evils arising from such
system will be obvious to anyone who re-
fleets upon them Not the least of them is
the fact that it often shuts out from COM
petition for these places men in every way
qualified for judicial Office because they are
unable to pay, and unwilling to borrow the
Here in Connecticut we get pretty good
judges, but the spectacle of such squabbles
for judicial positions occur at almost every
session of the legislature is not very cheer
ing. 1t has frequently been argued, and
with much force, that the best way to get
good judges is to allow the governor to
nominate them, the theory being that he
will feel his responsibility, and will be very
careful not to make mistakes. This theory
is very good one, but its working depends
very much on what kind of man the COVER
nor happens to be and who are his advisers
Much can fairly be said in behalf of the
Cincinnati scheme. If bar associations
would do their best to pick out good men for
judges they could do it. But probably no
plan that could be devised would work
perfectly. One thing, however, is certain.
Judicial positions ought not tobe bought and
sold, they are in New York.