Mosiah’s arrangement of the judges is that they do not constitute the ultimate authority in and of themselves. Using the principle of the voice of the people (where the majority will want the right), he creates judges who also are “the people.” By creating higher judges and a court of “peers,” Mosiah creates a system in which the judges themselves have a means of becoming the “voice of the people” to make sure that the right thing is done.
From our modern perspective, it would appear that this court of lower judges (v. 29) would somehow poll the “people” or take votes. Were they to do that, the court of judges would not be needed at all. The judges judge by “the voice of the people” because they have sufficient numbers to assure that the right thing will be done. This is not an appeal to a vote that would remove all function from this court. This is best seen as an elevation of the clan heads to a more prominent position. (See commentary accompanying Mosiah 29:39.)