When people argue about putting more public defenders and civil rights lawyers, black or women, on the bench, I wonder whether they have any clue how courts work. Do people believe that the defendant is brought into court, looks up at the person in the black robe on the bench and gets to say, “Nope, you don’t look like me. Next!”? If you’re a man who gets a woman judge, tough luck. A black defendant with a white judge? Bummer. An ex-prosecutor judge? Sucks to be you. You don’t get to pick your judge.
There are judges we prefer and judges we don’t, and they don’t necessarily align with the simplistic assumption that color, gender or prior position means a judge will be more favorable. It’s the luck of the draw. Unless the prosecution has gamed the system to get a case moved to their judge of choice, a name is pulled from the wheel and that’s the judge you get. There are plenty of judges you believe would be better, more understanding, more accommodating, more similar in appearance, to you? So what? You get who you get. Nobody asks a defendant to approve.* Continue reading →