NCJ Number
73559
Journal
Judges' Journal Volume: 19 Issue: 4 Dated: (Fall 1980) Pages: 4-11,52-56
Date Published
1980
Length
13 pages
Annotation
The genesis and development of the commission concept are explored; operations of the Federal circuit nominating commission are scrutinized with regard to political considerations.
Abstract
The nominating commission concept, which involves the creation of a permanent nonpartisan commission composed of lawyers and nonlawyers to recruit and screen prospective judicial candidates, was implemented at the Federal level in 1977 when President Carter issued an executive order creating the United States Circuit Judge Nominating Commission. The commission idea first appeared around 1900 as dissatisfaction with State judicial selection practices grew. As specified by the 1977 order, the nominating commission is divided into 13 panels, one for each judicial circuit except for the geographically large Fifth and Ninth Circuits which have two. The panels are directed to 'recommend for nomination as circuit judges persons whose character, experience, ability, and commitment to equal justice under law, fully qualify them to serve in the Federal judiciary.' A panel begins operating upon notice from the President that its assistance is desired in filling one or more vacancies. Generally within 60 days the panel must give public notice of the vacancy and must recruit, screen, interview, and recommend the best qualified individuals to the President. During the first round of commission activity, 87 percent of the panelists were Democrats, 7 percent were Republicans, and 5 percent were independents. Approximately 560 individuals applied for the 17 first-round vacancies. Results of a study involving interviews with and questionnaires completed by White House staff members, Department of Justice officials, panel chairpersons, other panelists, and candidates indicate that some inappropriate political considerations have been eliminated from the judicial selection process and some have not. Clearly, the manner in which panelists were selected is inconsistent with the expectations of those who developed the nominating commission concept. However, despite political overtones and the fact that most individuals recommended by the commission were Democrats, the commissioners performed in a nonpartisan manner, recruiting and recommending candidates primarily on the basis of professional competence rather than patronage considerations. Tables and 34 footnote references are included in the article. ABI lwm