How To Confirm A Judge
July 22nd, 2009 | Tikkun Daily
I teach a course called Deliberative Ethics at the Metivta of Ottawa. Deliberative Ethics has a great deal to do with justice and very little to do with law.
The appointment of judges is among the first matters halakha (Jewish law) covers with respect to judging. There are specific qualifications a judge must meet.
Rabbi Israel Meir Kagan "The Chafatez Chaim"
The Chafetz Chaim, who bases his opinion on Dvarim – Deuteronomy 1:17, puts the matter this way:
In the Sefer Hamitzvot Hayom (The Modern Book of Imperatives), my liberal commentary on the Chafetz Chaim’s magnificent Sefer Hamitzvot Ha’Qatzar (The Concise Book of Mitzvot), I comment as follows:
Rambam (Maimonides) cites the mitzva (imperative) as not appointing a judge who is unfamiliar with judicial procedure. Since Rambam deals with the mitzvot out of their applicable time-frame he means that judges need to be מוּמחים mumhim “experts”. Jewish judicial expertise is uncommon today in the sense Rambam would have it. There must be a willingness among baté din (Jewish courts) to admit expertise other than rabbinic, so long as a baseline of halakhic (legal) training is met.
"Rambam" - Rabbi Moe'sheh Ben-Miamon - Maimonides
So long as the baseline is met there can be little reason, in my opinion, not to confirm a judge in Jewish law.
A relationship to any party who stands a reasonable chance of coming before the court is among reasons not to confirm — no small matter for a social system based in towns or counties — and no less important today, on the assumption that the beth din is locally constituted.
Known bias is another reason not to confirm judges, and so it was fascinating to read an article in the Globe & Mail with this title:
Is there a women’s view on top court?
What was especially interesting for me is that four of Canada’s nine Supreme Court justices are women. The article goes on to say:
There has been a steady infusion of female appointees since the early 1980s, making it the only top court in the world to have a near majority of women judges. Four of nine current judges are women.
I wonder: would we have four female justices if Canada’s Parliament were involved in the confirmation of justices?
