Opinion | chrisgeidner: Biden outshines Trump — and Obama — by appointing public defenders as judges. - MSNBCDaily
While President Barack Obama placed a heavy emphasis on addressing demographic diversity in his administration’s judicial nominations, there was far less attention paid to this question of experiential diversity. Onefound that Obama had nominated more than two times as many former prosecutors as former defenders to the bench.
Biden’s district court nominees also include several with public defender experience, some extensive, and a smaller number of former prosecutors than was normally expected to be nominated for vacancies than in the past. The imbalance has affected cases on a statute-by-statute-level as well. As Neily and Rao highlighted, for example, judges have interpreted the federal anti-bribery law to allow prosecutors, and only prosecutors, to pay witnesses.
Biden’s election over Trump raised hopes for a course correction in the federal judiciary. More than that, there also are the beginnings of change on the state level. This week, lawmakers in Virginiato an expanded appeals court in the commonwealth, adding “two current and former public defenders and a longtime legal aid attorney — professional backgrounds that have never before been represented on one of the state’s high courts.
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