Overview
- The private sector can produce specialized judges who administer privately agreed-upon rules, without requiring a formal court trial.
- Example: Professional sports
- Referees and umpires act as private judges, regularly administering privately agreed-upon rules. Even a formal appellate process involving instant replay occurs during a game. The teams’ owners and the league privately agreed on the judges, applicable regulations, the appellate process, and even a process for amending the relevant rules.
- If you watch these sports, you know the private judges do a reasonably good job at staying unbiased and making reasonable decisions throughout the game.
- An attorney may be appointed as a private judge, as is the case today.
- We have no reason to fear private judging.
Who appoints a local community court judge?
- The 3L Philosophy does not prescribe how a local community decides who to appoint or elect as a judge. There may be multiple judges appointed, specializing in different topics within the Legal Principle.
- There are many ways to prevent the abuse of power by legal elites, including community representation in court through a jury.