Comment by triceratops
16 days ago
Open application process. Select whoever had the highest law school grades. Or alternatively make all the applicants take a competitive exam. Anonymous grading.
16 days ago
Open application process. Select whoever had the highest law school grades. Or alternatively make all the applicants take a competitive exam. Anonymous grading.
First you should find some correlation between law school grades and competence of the lawyer.
https://www.alanet.org/legal-management/2023/february/column...
> When looking at on-the-job performance, our internal data — based on thousands of reports from actual attorneys at some of the top law firms — tells us that GPA on average has a 2.2% predictive validity. Meaning that GPA, the thing that the LSAT is meant to predict, explains very little. When we look directly at the LSAT, we see an even smaller correlation of 0.9% on average.
Nobody did a correlational study between electability and judge or prosecutor competence either.
Would you agree knowledge of the law is a better, if still imperfect, indicator of ability as a judge or prosecutor than being merely appealing to voters?
In any case, I think a competitive exam is better than law school grades. It allows for applicants who didn't do so well in law school but got better later.
It's hard to craft an exam that isn't mostly testing how good the examinee is at writing exams. Things like the SAT, LSAT, GRE, etc... are good predictors of near-future academic success but not very useful beyond that.
So, I think an exam is a bad idea unless it's a pass/fail exam (ie no grades, you either understand the law or you do not) and there should be no meaningful time constraint when completing the exam. That's basically the system in most states today, except the training comes after someone without a law degree is elected.
There are state and federal oversight mechanisms with the power to remove bad judges.
2 replies →
Who does the selection? Who approves the applications? Who ensures the process is open? It always comes down to winners of elections. The USA isn’t a technocracy or meritocracy, for better or worse.
> Who does the selection?
Of what?
> Who approves the applications?
What's to "approve"?
> Who ensures the process is open?
Put it on a website and in the local paper. Applicants' names, their exam scores, their law school transcripts.
> It always comes down to winners of elections
Sure somewhere in the chain, at the end, there's an elected official. That's democracy.
But elected officials can be required by law to use meritocratic selection criteria to appoint people. Many countries used or still use exams to hire bureaucrats. It's a very old concept:
https://en.wikipedia.org/wiki/Civil_service_entrance_examina...
https://en.wikipedia.org/wiki/Imperial_examination
> The USA isn’t a technocracy or meritocracy, for better or worse.
That's fine but a different argument from "it can't be done".
Ok. So we just need enlightened legislatures to enact these processes into law and fund them. I actually agree with what you propose, but am having a hard time seeing how to get such a system in place.