BECOMING A JUDGE - THE TRANSITION FROM ADVOCATE TO ARBITER

• NCJ Number: 54739
• Journal: Judicature Volume: 62 Issue: 7 Dated: (FEBRUARY 1979) Pages: 325-335
• Author(s): L ALPERT; B M ATKINS; R C ZILLER
• Date Published: 1979
• Length: 11 pages
• Sponsoring Agency: University of Florida
• Corporate Author: American Judicature Soc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

BASED ON DATA FROM A SURVEY QUESTIONNAIRE OF FLORIDA JUDGES, THE STAGES OF JUDICIAL SOCIALIZATION THAT CHARACTERIZE THE CAREER OF STATE COURT JUDGES ARE IDENTIFIED AND DESCRIBED.

Abstract

JUDICIAL SOCIALIZATION, AS DISCUSSED HERE, INVOLVES ADJUSTMENT TO LIFE ON THE BENCH, INCLUDING THE ADOPTION OF NEW ROLES IN RESPONSE TO NEW ENVIRONMENTAL DEMANDS. THE MODEL FOR SOCIALIZATION PROPOSED VIEWS THE PROCESS AS TWOFOLD; SOCIALIZATION REFLECTS THE GIVEN ENVIRONMENT OF THE COURT AND THE PERSONAL CHARACTERISTICS OF THE JUDGE IN INTERACTION. DATA AND CONCLUSIONS ABOUT THE NATURE OF THE SOCIALIZATION WERE OBTAINED FROM A QUESTIONNAIRE MAILED TO ALL 481 FLORIDA JUDGES LISTED IN THE 1975 FLORIDA BAR DIRECTORY AND INDEPTH INTERVIEWS WITH 17 OF THE RESPONDING JUDGES SELECTED ON THE BASIS OF TENURE, AGE, AND SELF-CONCEPT SCORES. (TOTAL NUMBER OF RESPONDENTS) IS NOT REPORTED). THE QUESTIONNAIRE WAS DESIGNED TO ASSESS SELF-CONCEPT (SELF-COMPLEXITY, SELF-ESTEEM, AND MARGINALITY), JUDICIAL ROLE ORIENTATIONS, AND SEVERAL ITEMS ON AGE, TENURE, PARTY AFFILIATION, AND EDUCATION. FOUR STAGES OF JUDICIAL SOCIALIZATION WERE IDENTIFIED FROM THE INTERVIEWS: (1) PROFESSIONAL SOCIALIZATION, WHICH IS THE PERIOD OF ADJUSTMENT AS A LAWYER ADVOCATE PRIOR TO BECOMING A JUDGE; (2) INITIATION AND RESOLUTION, WHICH INVOLVES INITIAL ADJUSTMENT AS A JUDGE, REALITY SHOCK, SELF-CONCEPT CHANGE, ROLE DEFINITION, RESOLUTION OF ROLE CONFLICT, COPING WITH ISOLATION, DECISIONMAKING, LACK OF FEEDBACK, AND TRANSITION AND DECISION TO REMAIN ON THE BENCH; (3) ESTABLISHMENT, WHICH INVOLVES ROLE REDEFINITION, RESOLUTION OF ROLE CONFLICT, LONG-TERM COPING, SELF-CONCEPT CHANGE, FINAL TRANSITION, AND DECISION TO REMAIN ON THE BENCH; AND (4) COMMITMENT, WHICH INVOLVES INCREASED COMMITMENT TO THE BENCH, SATISFACTION WITH JUDICIAL LIFE, AND ROLE REFORMULATION. EACH OF THE THREE JUDICIARY STAGES WAS MATCHED WITH A ROLE ORIENTATION. THE STAGE OF INITIATION AND RESOLUTION IS MATCHED WITH THE ROLE OF 'ALTRUIST AND LEGALIST.' THE STAGE OF ESTABLISHMENT IS CHARACTERIZED BY THE ROLE OF 'GUARDIAN OF THE LAW,' AND THE STAGE OF COMMITMENT INVOLVES THE FULFILLMENT OF THE ROLE OF THE 'LEGALIST AND GUARDIAN.' THE STAGES AND ROLE ORIENTATIONS ARE DISCUSSED IN SOME DETAIL, AND IT IS CONCLUDED THAT CERTAIN PERSONALITITIES WILL PROVE MORE ADAPTABLE TO THE ROLE OF JUDGE THAN OTHERS. (RCB)