Evening star., 1949-03-11
Selection of JUDGES

There Is every reason to urge that the
leaders of the District Bar Association and
the Attorney General patch up the differ
snces which now seem to divide them on
selection of judges for courts located IN
Washington.
The cordial personal relationships be-
tween the Attorney General and the Bar
Association leaders ought to make this
easy. It seems to The Star that even an
informal meeting and discussion ought to
bs enough to clear away frictions that
have developed In the past few years and
to reach amicable agreement on future
procedure. W:
The appointment of judges is of'course,
the Presidents responsibility. AS matter
of practice, the President relies heavily on
the Attorney General for advice that often
amounts to original selection by him OF
the nominee. And 1t has been long
established custom in Washington for the
Attorney General to advise with judges
and members Of the Bar Association con-
cerning likely candidates from the local
bar.
The Bar Association cannot hope to
dictate the selection of judges, nor would
It's responsible members seek that role.
But the wise selection of capable judges
Is we'll served when the Attorney General
seeks the counsel of the Bar Association,
even II that counsel Is limited to deter
mining the nature OF objections which
members of the bar might interpose to
any one OF q number Of candidates.
The principle thus represented is
sound one. Governor Warren, in Califor-
mia, has gone to the extent of voluntarily
giving the California bar the right Of veto
of q judicial candidate, while properly
retaining for himself the right of selection
from q slate Of candidates approved by
the lawyers. The so-called Missouri
plan" written into the Constitution OF
that State, establishes panel of lawyers
and laymen who approve candidates for
the judiciary on a nonpartisan basis
Nominations for judges usually are made
from such an approved list of candidates
and they are voted on by separate ballot
which bears no party identification. Wide
interest has been manifested in this plan
in other States.
For years In Washington it was the
custom Of the Attorney General to confer
formally or informally with members or
an appointed committee of the Bar Asso-
citation and with judges in the courts as
TO the acceptability and qualifications OF
judicial nominees. 1t should be revived
by some understanding which recognizes,
on the one hand, the unassgnable
responsibility OF the President and his
Attorney General and, on the other, the
helpful advice available from members OF
the bench and bar. The Bar Association
should be invited to submit lists~ of
men considered by their colleagues to be
qualified for the judiciary. Such lists
should be so carefully drawn by the Bar
Association, without personal promotion
by lawyer politicians, that they would
command and therefore receive the
Attorney Generals closest consideration.
We are apt to have six or more i'm
portant judiciary appointments to courts
In Washington, the Court Of Appeals and
the District Court, within the next year
or so. Legislation to increase the number
of judges on these courts is supported by
such eminent authority that its approval
Is likely new working agreement
between the Attorney General and Bar
Association leaders would be timely as
we'll as desirable in order to prevent repeti-
ton of incidents that have clouded some
recent appointments with i'll feeling and
left in the public mind a feeling OF un-
easiness and vague suspicion.
The people of this country have deep
respect for their Federal Courts which
should never be placed in jeopardy even
by the appearance Of political considera-
tions that seem to outweigh the capabil-
tiles Of judicial nominees.
HL~:.~s~s W.