Should judges be elected, appointed, or selected on merit Essay

Should judges be elected, appointed, or selected on merit - Essay Example I believe that the merit based selection of judges is best as it would primarily rely on its legal expertise for judgment leading to sentencing. The role of judges is paramount in the legal arena. The need for independence in imposing sentences in offences becomes a crucial issue. The accountability to public opinion in cases directly linked to public welfare is an issue that frequently influences the selection pattern or raises controversy. The responsiveness to public opinion is deemed important but at the same time, the need to remain within the broader precinct of law and constitution is integral part of justice. The judges who are selected through merit are prone to follow law and their judgment and sentences are based on legal statutes and clauses that cut across race, color, culture and socio-political leanings (O’Connor, 2010). This is fundamental to justice system that is not influenced by outside pressure, be it public opinion. The merit system of selection is also commendable because it ensures that selection of judges is done through a nominating committee which comprises of eminent lawyers and non lawyers of public repute. The list of judges is forwarded to governor who appoints a judge from the list for a defined period. The second term of the judge is through election which the public can appropriately elect if it finds his/her performance up to its expectations. This is a critical parameter that gives public the right to oust the judge if the performance evaluation or the meritocracy level of judgment is found to be below par. Most importantly, the merit based selection promotes independence in judiciary that discourages political interference and undue pressure that could influence justice (Cann, 2007). It also helps to appoint judges from sectors like minority and women who may otherwise be sidetracked by the vested interests. It also gives equal opportunities to