For many years, New York's Chief Judge (along with the Associate Judges of the Court of Appeals) was selected by popular vote. That's precisely how Benjamin N. Cardozo—the paradigm, and perhaps America's greatest common law judge—gained his position on the Court. No confirmation vote by Senators who might be motivated by preserving their own agenda. No assemblage of law professors, bar associations, politicians or anyone else influencing the Governor, arguing over who would be a "terrible mistake."