NCJ Number
54933
Journal
American Bar Association Journal Volume: 64 Dated: (NOVEMBER 1978), 1683-1685
Date Published
1978
Length
3 pages
Annotation
RESPONSIBILITIES FOR SOLICITING AND REVIEWING CANDIDATES FOR JUDICIAL APPOINTMENT AND THE EFFICACY OF MERIT SELECTION PROCEDURES ARE CONSIDERED, WITH EMPHASIS ON THE NEED FOR JUDICIAL SELECTION REFORM.
Abstract
MOST MERIT SELECTION PLANS INVOLVE FORMAL COMMISSIONS CHARGED WITH THE DUTY OF APPOINTING JUDGES, AND NEARLY ALL PLANS EMBRACE ADVERTISING FOR VACANCIES AND OPENING THE REVIEW PROCESS AND CANDIDATES TO PUBLIC SCRUTINY. IN THE MAJORITY OF CASES, COMMISSIONS ARE COMPRISED OF QUOTAS OF LAWYERS, NONLAWYERS, MEN, WOMEN, MINORITIES, AND THE ACADEMIC COMMUNITY. THESE INDIVIDUALS ARE STRONGLY INFLUENCED BY THE SENATE WHICH HAS CONSIDERABLE DISCRETION IN THE NOMINATING PROCESS. IN ILLINOIS, CANDIDATES FOR JUDICIAL APPOINTMENT ARE SELECTED AND SUBMITTED TO FIVE BAR ORGANIZATIONS. VARIOUS BAR GROUPS REVIEW CANDIDATES, AND INTERVIEWS PROVIDE AN OPPORTUNITY TO CONSIDER EACH CANDIDATE'S LEGAL EXPERIENCE, PRACTICE, TEMPERAMENT, AND LEGAL PHILOSOPHY. BECAUSE PARTICIPATION IN THE POLITICAL PROCESS IS NOT A PRUDENT BASIS ON WHICH TO DISQUALIFY INDIVIDUALS FOR THE BENCH, BUT, AT THE SAME TIME, CAN BE EVIDENCE OF AN INDIVIDUAL'S COMMITMENT TO PUBLIC SERVICE, A MORE EFFICIENT INVESTIGATIVE PROCESS IS PROPOSED FOR JUDICIAL SELECTION AND APPOINTMENT. INSTEAD OF SUBJECTING CANDIDATES TO REVIEW BY NUMEROUS BAR GROUPS, EACH BAR GROUP SHOULD DESIGNATE REPRESENTATIVES TO SERVE ON ONE COMMITTEE FOR CANDIDATE EVALUATION. APPOINTMENTS TO THE FEDERAL JUDICIARY SHOULD BE MADE ON THE BASIS OF MERIT AND WITHOUT REGARD TO POLITICAL INFLUENCES, AND DIRECT AND INFORMAL METHODS ARE THE BEST WAY TO SELECT COMPETENT JUDICIAL PERSONNEL. (DEP)