DESIGNATED JUDGES - HOW WELL DO THEY PERFORM?

• NCJ Number: 52414
• Journal: Judicature Volume: 61 Issue: 8 Dated: (MARCH 1978) Pages: 358-370
• Author(s): J GREEN; B M ATKINS
• Date Published: 1978
• Length: 13 pages
• Corporate Author: American Judicature Soc
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: ORIGINALLY PREPARED FOR PRESENTATION AT THE ANNUAL MEETING OF THE SOUTHERN POLITICAL SCIENCE ASSN, 1977

Annotation

THE PRACTICE OF DESIGNATING JUDGES WHO DO NOT HOLD CURRENT APPOINTMENTS TO THE FEDERAL COURTS OF APPEALS TO SIT ON PANELS OF THE COURT FOR AS LONG AS A NEED EXISTS IS EXAMINED.

Abstract

THE DISPOSITION OF THE AVERAGE CASE BY THE FEDERAL COURTS OF APPEALS IN SUBSTANTIALLY LESS THAN 1 YEAR MAY BE ATTRIBUTED TO TWO FACTORS: EFFICIENT USE OF JUDGES SITTING 'BY DESIGNATION' ON THE THREE-MEMBER APPELLATE PANELS. THREE TYPES OF JUDGES SIT BY DESIGNATION: (1) SENIOR JUDGES WHO HAVE RETIRED FROM ACTIVE SERVICE AND WHO MAY SIT ON PANELS AS THE NEED ARISES AND AS THEIR PHYSICAL CONDITION PERMITS: (2) JUDGES WHO ARE APPOINTED TO THE APPELLATE BENCH OF ONE CIRCUIT AND THEN TEMPORARILY ASSIGNED TO ANOTHER, PERHAPS AS A RESULT OF AN EXTRAORDINARY BACKLOG OF CASES OR OF A SHORTAGE OF JUDGES; AND (3) TRIAL COURT JUDGES WHO ARE PROMOTED TEMPORARILY TO APPELLATE STATUS AS THE NEEDS ARISES. THERE HAS BEEN CONTROVERSY OVER THE PRACTICE OF USING DESIGNATED JUDGES, BUT THEIR PERFORMANCE HAS NOT BEEN ASSESSED EMPIRICALLY. AN ANALYSIS OF THE 19,183 CASES DECIDED IN THE FEDERAL COURTS OF APPEALS BETWEEN 1965 AND 1969 FOCUSES ON THE USE OF DESIGNATED JUDGES AND THEIR PERFORMANCE IN COMPARISON WITH OTHER JUDGES. THE ANALYSIS COVERS THE RELATIONSHIP BETWEEN A CIRCUIT'S WORKLOAD AND THE FREQUENCY WITH WHICH EACH TYPE OF DESIGNATED JUDGE IS USED, THE TYPES OF CASES IN WHICH DESIGNATED JUDGES PARTICIPATE (ECONOMIC, CRIMINAL, CONSTITUTIONAL), AND OPINIONS WRITTEN BY DESIGNATED JUDGES. OVERALL, 47.3 PERCENT OF CASES WERE DECIDED BY A PANEL INCLUDING AT LEAST ONE DESIGNATED JUDGE. THERE WAS ONLY A MODERATE RELATIONSHIP BETWEEN CASELOAD AND THE USE OF DESIGNATED JUDGES. DESIGNATED JUDGES WERE NEITHER EXCLUDED FROM PARTICIPATION IN ANY PARTICULAR TYPE OF CASE NOR USED TO PROCESS LARGE NUMBERS OF APPEALS GENERALLY THOUGHT TO BE LESS IMPORTANT. DESIGNATED JUDGES WROTE THEIR SHARE OF MAJORITY OPINIONS, THOUGH NOT OF DISSENTING OR CONCURRING ONES. OVERALL, THE FINDINGS INDICATE THAT THE EFFECT OF DESIGNATED JUDGES ON THE COURT'S QUALITY OF PRODUCTION IS MINIMAL. THE DESIGNATED JUDGES ARE NOT USED AS WORKHORSES TO ENABLE CIRCUIT JUDGES TO EVADE THEIR RESPONSIBILITIES. NOR DO THE DESIGNATED JUDGES MERELY FILL SEATS ON THE BENCH. DESIGNATED JUDGES APPEAR TO CONFORM READILY TO THE ROLES EXPECTED OF JUDGES OF THE COURTS OF APPEALS. SUPPORTING DATA ARE INCLUDED. (LKM)