RE: “The Justice Scalia I Knew,” April 2016, p. 294 This is a terrifically well-written article. I mean Dennis Lehane-good. Congratulations! JERRY C. ALEXANDER Dallas A wonderful story about a legal giant and a truly good man. LAWRENCE R. MAXWELL JR. Dallas RE: “Right on the Water,” April 2016, p. 274 Just perused the most recent issue of the Texas Bar Journal. What a great profile about Frank King’s rowing passion. BECKY CASARES Austin RE: “Point/Counterpoint: Judicial Selection,” February 2016, p. 90 Mr. Jefferson and Mr. Butts have pointed out the deficiencies in the popular election of judges, saving me the necessity of doing so. I am reminded of the time in the mid-1970s when I was teaching at Texas Tech and had a conversation with several Texas lawyers on this subject. They agreed that popular election of judges was a terrible idea, but didn’t want to change the system. My own view is that judicial selection should be a search for quality and representativeness (or diversity), neither of which can be assured with either popular election or gubernatorial appointment. I would therefore eliminate both. I start with a recognition of the difference between the roles of judges and legislators, as Mr. Jefferson does. In most instances, judges decide cases on the basis of what has already occurred and sometimes have to enforce constitutional limitations on executive or legislative action—an anti-majoritarian function. In the field of criminal law, judges act in ways that are very similar to the way juries act. And we note, of course, that jurors are not elected or appointed. They do not raise money. They do not take a poll before reaching a verdict. My proposal relies considerably on the jury analogy. I would start with a fairly large nominating commission consisting of lawyers elected by lawyers, judges elected by judges, academics elected by academics, and members of the public elected through proportional representation—perhaps 12 in all. Each member of the commission would nominate one candidate. Any one commissioner could veto the nominee of any other commissioner. Final selection would be by lot from among the nominees. Selection by lot, which over time assures diversity, is not an entirely novel concept. Officials with judicial powers were selected by lot in Athens in the fifth and fourth centuries B.C. BOB DAVIDOW Ann Arbor, Michigan ON SOCIAL MEDIA RE: “PLEASE TELL THE JURY IN MY OWN WORDS,” APRIL 2016, P. 282 Really good article. Daniel Conley on Facebook RE: “PRACTICE MANAGEMENT,” APRIL 2016, P. 313 This was a good article. A lot of attorneys including myself that are solos run into this issue. It took me all my first year to really manage this properly. S.k. Alexander on Facebook RE: “BE IMPACTFUL!” APRIL 2016, P. 312 Another great project from @TxYoungLawyers! Guide for college #sexualassault victims to navigate school and CJ system. Victor Flores (@Victor_A_Flores) RE: “AN OUNCE OF PREVENTION," APRIL 2016, P. 292 Really cool. The Florida Bar (@theflabar) Tell us what you think via @statebaroftexas, firstname.lastname@example.org, or P.O. Box 12487, Austin, TX 78711-2487. Letters addressed to the Texas Bar Journal may be edited for clarity and length and become the property of the magazine, which owns all rights to their use.
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