We keep telling ourselves courts are supposed to be different, calmer, more neutral, more focused on the rule of law. Then we turn around and ask judges to campaign like everyone else, shake hands, chase endorsements, and win votes. That contradiction kicks off a heated, funny, and surprisingly personal debate about judicial elections vs judge appointments, and what each system does to legitimacy, fairness, and public trust.
We start with Washington’s model, where judges run for office, and ask the uncomfortable question: are we protecting democracy by letting voters choose the bench, or are we pressuring judges to think like politicians? From there we dig into the argument for judicial independence, the fear that politics creeps into the courtroom, and why even the optics of partisanship can make people doubt they’ll get a fair hearing. We also push back hard on the idea that voters are “too stupid” to decide, and talk about what low information judicial races actually reveal about outreach, civic education, and access to clear voter guides.
Then we go straight at the appointment process, including commissions, lawyer gatekeeping, and the federal style confirmation model. We don’t let anyone off the hook: appointments can reduce campaign noise, but they can also entrench ideology for decades. Elections can create accountability, but they can also punish judges for making the legally correct decision when the public is angry. The story of a brilliant judge voted out after a controversial ruling brings the whole dilemma into focus.
If you care about civil rights, criminal justice, and what “neutral courts” really means, you’ll want to hear this one. Subscribe for more, share it with a friend who always skips the judicial section of the ballot, and leave a review with your take: should judges be elected or appointed?
**Stay Connected with The Velvet Hammer™ Podcast**
Hosted by Karen Koehler and Mo Hamoudi, trial lawyers at Stritmatter Law, a nationally recognized plaintiff's personal injury and civil rights law firm based in Washington State.
Featuring Mike Todd, producer, audio engineer, and the Disembodied Voice of Wisdom & Reason.
Produced by Mike Todd and Kassie Slugić.
*New episodes every Wednesday.*
The Velvet Hammer™ Podcast is where trial law meets real life. Trial stories, hard lessons, unexpected laughs, and honest conversations about life inside and outside the courtroom.
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**Karen Koehler**
https://karenkoehler.com
https://www.instagram.com/k3thevelvethammer/
https://www.linkedin.com/in/karen-koehler-thevelvethammer/
**Mo Hamoudi**
https://www.instagram.com/mo.hamoudi/
https://www.linkedin.com/in/mo-hamoudi-77a38733/
**Stritmatter Law**
https://www.stritmatter.com