A Plea for Reality

Thank you for the privilege and the pleasure of joining you, in the best possible state for any discussion of judicial selection and blessedly at a distinguished law school. For me, after twenty-five years of involvement in the judicial election scene and four weeks after retiring from teaching - but not, I hope, from continued involvement - this is a unique opportunity to share views, air questions, consider the ever-evolving changes and challenges, and speak bluntly on a few points. I treasure the friendships I have built with others similarly involved, and I hope that my comments, some of which may seem unrestrained, are taken in the spirit that underlies them. My plea for reality stems from the view that this subject suffers from much myth and much spin. Myth matters when it differs from reality about where we are and how we got here. Spin matters because it interferes with honest dialog about where we are and what, if any, change is needed. What should get our attention? That is always a question of priorities and relative relevance. Here, what is "relevant" is what may help reduce the problems in judicial selection.