NCJ Number
57383
Journal
Judicature Volume: 62 Issue: 10 Dated: (MAY 1979) Pages: 483-485
Date Published
1979
Length
3 pages
Annotation
THE CARTER ADMINISTRATION'S COMBINATION OF MERIT SELECTION AND AFFIRMATIVE ACTION TO IMPROVE THE QUALITY OF THE FEDERAL BENCH AND MAKE IT MORE REPRESENTATIVE OF THE POPULACE IS DESCRIBED BY COUNSEL TO THE PRESIDENT.
Abstract
THE ADMINISTRATION IS SEEKING TO BRING MORE MEMBERS OF MINORITY GROUPS AND MORE WOMEN INTO THE JUDICIARY WHILE AT THE SAME TIME ASSURING THE QUALITY OF THE BENCH. SOME HAVE ARGUED THAT THE GOAL OF SELECTION FOR MERIT PRECLUDES APPLICATION OF POLITICAL CONSIDERATIONS IN SELECTING FEDERAL JUDGES. BUT THE ADMINISTRATION'S VIEW IS THAT BOTH MERIT SELECTION AND THE NEED TO MAKE THE JUDICIARY MORE REPRESENTATIVE ARE COMPATIBLE. THE MOVEMENT TOWARD MERIT SELECTION IS IN PART A RESPONSE TO THE ABUSES OF A CLOSED SYSTEM IN WHICH PERSONAL RELATIONSHIPS DETERMINED JUDGESHIPS, AND ATTORNEYS WITHOUT PERSONAL CONTACTS, ESPECIALLY WOMEN AND MEMBERS OF MINORITY GROUPS, RARELY WERE CONSIDERED. AFFIRMATIVE ACTION MEASURES SHOULD SERVE TO FURTHER OPEN THE SYSTEM. SIMILARLY THE QUALITY OF THE BENCH NEED NOT BE SACRIFICED TO INCLUDE MINORITIES AND WOMEN IN ITS NUMBERS. AT THE PRESENT TIME, PRESIDENT CARTER SELECTS HIS CIRCUIT NOMINEES FROM CANDIDATES RECOMMENDED BY MERIT PANELS OF THE U.S. CIRCUIT JUDGE NOMINATING COMMISSION. BY THE END OF THE 95TH CONGRESS, THE PRESIDENT HAD NOMINATED 12 PEOPLE TO SERVE AS CIRCUIT JUDGES, OF WHOM 4 WERE MEMBERS OF MINORITY GROUPS. WOMEN AND MINORITIES WERE APPOINTED TO 12 OF THE 45 DISTRICT COURT VACANCIES FILLED DURING 1977 AND 1978. THE ADMINISTRATION HAS ALSO TAKEN SEVERAL AFFIRMATIVE ACTION MEASURES IN PREPARATION FOR THE APPOINTMENT IN 1979 OF 152 JUDGES TO FILL NEW POSITIONS CREATED BY THE OMNIBUS JUDGESHIP ACT. (LKM)