Outside Counsel

Because the Buffalo News prefers lame stuff like "Prickly City" to quality funnies local readers may not be aware that "Judge Parker" is presently featuring a storyline about judicial elections. It's not clear to me where the lawyers in "Judge Parker" practice, but it looks like judicial selection reform is as needed there as it is here in the Empire State. The way it is shaping up, Randy, the young partner in Judge Parker's firm (I think hizzonor retired a few thousand years ago), is up against a lout whose campaign is being underwritten by his unattractive lush of a wife. It looks like the bad guys are planning a family values sort of campaign, and will be trying to plant the notion that Randy, who is in his 40s and single is unsuited for either the bench or the military, if you get my meaning.

Interestingly, the stuff that Randy is being coached on in the example to the right is exactly the sort of stuff that judicial candidates are barred from talking about. Randy's opponent's wife may be a drunken harridan, but if they pose for campaign photos with their Golden Retriever they will be running a clean fight.

Contrast this flawed system, in which the clearly qualified (and not gay, although it shouldn't make any difference) Randy is likely to be defeated by the brutish Reggie Black to the process by which Jerry McCarthy was chosen to become a Federal Magistrate Judge. Prospective Judge McCarthy is a partner in the biggest firm around here (I believe the biggest New York firm outside of the city) and a past president of the Erie County Bar Association. His selection was widely rumored, and my first thought was along the lines of "Nobody ever got fired for buying IBM." But you know what? Why shouldn't a guy like that be a judge? He has proven himself as a lawyer, he has demonstrated that he can work effectively with other members of the bar-- he's exactly the sort of person who should be on the bench. It's interesting that there were 42 applicants. This suggests that the kindergarten teachers of our local bar did an outstanding job instilling self-esteem. I've had matters with Jerry-- his kindergarten teacher did a real good job-- but in my experience with him, I've found that he does a nice job as well. Lawyers are a lazy lot, but he's been in the office every Friday afternoon I've had to call him. I'd call this a quality selection, and one more example of why merit selection is the way to go.