NCJ Number
57385
Journal
Judicature Volume: 62 Issue: 10 Dated: (MAY 1979) Pages: 495-501
Date Published
1979
Length
7 pages
Annotation
FOCUSING ON THE CARTER ADMINISTRATION'S NEW CIRCUIT JUDGE NOMINATING COMMISSION, IT IS ARGUED THAT BLACKS CAN ONLY ACHIEVE A FAIR SHARE OF JUDGESHIPS IF SCREENING OBSTACLES THAT AFFECT BLACKS MORE THAN WHITES ARE OVERCOME.
Abstract
FOREMOST AMONG THE SEVERAL AREAS OF CONFUSION IN THE SELECTION PROCESS UTILIZED BY THE U.S. CIRCUIT JUDGE NOMINATING COMMISSION ARE THE CRITERIA USED TO DETERMINE THE 'BEST QUALIFIED' CANDIDATES AND THE TYPE OF BLACK APPLICANTS THE NOMINATING PANELS ARE LIKELY TO ENCOUNTER. BECAUSE BLACKS WERE LARGELY EXCLUDED FROM LAW PRIOR TO AND EVEN DURING THE EARLY 1960'S, MANY BLACK LAWYERS ARE EITHER LEGAL SERVANTS (I.E., LOCAL PRACTITIONERS SERVICING A BLACK NEIGHBORHOOD OR COMMUNITY), OR ARE LEGAL MILITANTS (I.E., ATTORNEYS WHO HAVE LITIGATED IN BOTH STATE AND FEDERAL TRIAL AND APPELLATE COURTS REGARDING CIVIL RIGHTS OR OTHER CONTROVERSIAL MATTERS). THE LEGAL SERVANT, BY FAR THE MAJORITY, ARE LARGELY EXCLUDED FROM NOMINATIONS TO THE BENCH DUE TO THEIR LACK OF EXPERTISE IN THE FAR RANGING MATTERS OF THE CIRCUIT COURT. THE MILITANTS MAY LIKEWISE FIND THEMSELVES EXCLUDED, NOT FOR LACK OF EXPERTISE, BUT BECAUSE OF WHAT MAY BE PERCEIVED AS A COMMITMENT TO RADICALISM AND POSSIBLY BECAUSE OF A CRIMINAL CONVICTION FOR CONTEMPT OR SOME OTHER PROTEST-RELATED CHARGE. THE THIRD GROUP--THAT FROM WHICH MOST BLACK JUDGE CANDIDATES HAIL--ARE THE BLACK LEGAL INTELLECTUALS AND PUBLIC SERVANTS WHO, ALTHOUGH THEY MAY HAVE BEGUN THEIR CAREERS AS LEGAL SERVANTS OR MILITANT LAWYERS, HAVE SUCCESSFULLY ADOPTED THE PERSONNA OF AN ESTABLISHMENT ATTORNEY. WHILE THIS LAST GROUP CONSTITUTES LIKELY NOMINEES, THE VOTING AND NOMINATING PROCESS MAY WORK TO EXCLUDE THEM ALSO; THE NUMBER OF BLACK APPLICANTS FOR EACH VACANCY, AND THE METHOD OF VOTING, COULD DETERMINE WHETHER ANY OF THEM BECOMES A NOMINEE. CERTAIN ONE-STEP AND TWO-STEP VOTING SYSTEMS MAY, HOWEVER, WORK TO IMPROVE A BLACK'S CHANCES OF BEING RECOMMENDED TO THE WHITE HOUSE AS A CANDIDATE FOR A JUDGESHIP. UNDER A ONE-STEP PREFERENTIAL SYSTEM, PANELISTS ARE ALLOWED TO RANK THEIR CANDIDATES IN NUMERICAL ORDER, AND BY COMPUTING ALL THE VOTES, THE PANEL OBTAINS A COMPOSITE RANKING OF ALL CONTENDERS, WITH, SAY, THE TOP FIVE BECOMING PANEL NOMINEES. ANOTHER IMPROVEMENT OF ABSOLUTE MAJORITY SYSTEMS IS A TWO-STEP, RELATIVE MAJORITY APPROACH WHICH TENDS TO PRODUCE NOMINEES WHO OBVIOUSLY ENJOY SOME MINORITY SUPPORT. THE TWO-STEP SYSTEM CALLS FOR RANKING THE APPLICANTS THROUGH RELATIVE MAJORITY OR PREFERENTIAL SYSTEMS; THEN PANELISTS VOTE AGAIN TO DECIDE BY ABSOLUTE MAJORITY WHICH CONTENDERS ARE RECOMMENDED TO THE PRESIDENT. (KBL)