Equality by lot

When I was young, judges did not need to be trained as lawyers, but that was phased out because it was decided that the technical burdens of knowing the law were so great that every judge had to start off as a lawyer. I think that now that AI is coming to the fore, we should rethink that. True, there were major mistakes by untrained judges that prompted this change, but AI is so pervasive now that there is not as much need to have every judge have the same, un-diverse background. The main problem this would address is the huge backlog in the courts. The old saying that “justice delayed is justice denied” has pretty much gone out the window, the court is nothing but delay, delay, delay. I have seen it myself, mostly what they seem to be doing in court cases is finding a date when all parties can get together to hold the case. Then I read old, 20th Century novels (I’m thinking of P.G. Wodehouse stories, of course) and observe with dismay that back then it was routine in those days for minor cases like drunk and disorderly conduct to be tried the next day.

The NEXT DAY!

Why can we not do that now? Why are our standards so low that we have forgotten that? Trump has corrupted the entire American court system so effectively because it is so constipated and blocked up that any change, no matter how crooked, is accepted without a peep. The original democracy of Athens had the solution, but it is forgotten. Rotating sortition. First of all, make every job possible to be done by a “middling” worker (that is, easy enough to be done by the average person off the street. That is what makes a civil service democratic. That is what we lost when “credentialism” ruled out untrained lawyers for consideration as judges). Then limit their time of office, then select randomly, which “sanitizes” the process from exactly what Trump did to the U.S. Supreme Court. I think that AI is a gift of God to enable us to bring democracy into the 21st Century.

Filed under: Proposals, Sortition | 2 Comments »