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Judges

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Whether Judge Terry O’Rourke should have been appointed to the 4th District Court of Appeal (editorial, Dec. 3) does not necessarily invalidate the process by which he was chosen, although it may seem very undemocratic.

What should spark change in the system is that the attorney general, lead prosecutor of the state, has any part in the confirmation of an appeals court judge. Clearly, this is a violation of the principle of a fair trial; a prosecutor could in theory (and probably does) vote to confirm judges who will be more favorable to prosecutors. The process must be changed, not necessarily to prevent judges like O’Rourke from being appointed, but to guarantee defendants all over the state a fair trial.

NATHAN RUBENSON

Los Angeles

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