ROLE PERCEPTIONS AND BEHAVIOR IN THREE U.S. COURTS OF APPEALS (FROM AMERICAN COURT SYSTEMS - READINGS IN JUDICIAL PROCESS AND BEHAVIOR, 1978, BY SHELDON GOLDMAN AND AUSTIN SARAT - SEE NCJ-55128)

• NCJ Number: 55134
• Author(s): J W HOWARD
• Date Published: 1978
• Length: 10 pages
• Corporate Author: W H Freeman and Co
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINTED FROM JOURNAL OF POLITICS, V 39 (1977), P 916-938

Annotation

RELATIONSHIPS AMONG POLITICAL BACKGROUND, ROLE PERCEPTIONS, AND VOTING BEHAVIOR OF 30 U.S. COURT OF APPEALS JUDGES ARE EXPLORED.

Abstract

DATA ON POLITICAL VALUES AND ROLE PERCEPTIONS WERE GATHERED FROM 1969 THROUGH 1971 IN INTERVIEWS WITH ACTIVE AND SENIOR JUDGES OF THE SECOND, FIFTH, AND DISTRICT OF COLUMBIA CIRCUITS, AND THE JUDGES' VOTES ON 4,941 CASES HEARD OR SUBMITTED DURING FISCAL 1965-1967 WERE RECORDED. ROLE PERCEPTIONS WERE CATEGORIZED AS INNOVATOR, REALIST, INTERPRETER, OR OTHER. POLITICAL ORIENTATION WAS ASSESSED IN TERMS OF POLITICAL PARTY AFFILIATION, POLITICAL PARTICIPATION (VOTER, PARTY WORKER OR OFFICIAL, CANDIDATE FOR OFFICE), AND POLITICAL VALUES BEFORE APPOINTMENT (CONSERVATIVE, MODERATE, LIBERAL, ETC.). DATA ON POLITICAL VALUES AND ROLE PERCEPTIONS WERE COMPARED WITH EACH OTHER AND WITH DATA ON THE JUDGES' VOTING BEHAVIOR IN EMPLOYEE AND OTHER PERSONAL INJURY, PATENT AND COPYRIGHT, LABOR-MANAGEMENT, INCOME TAX, CIVIL RIGHTS, PRISONER PETITION, AND CRIMINAL CASES. THE ANALYSIS SUGGESTS THAT, ALTHOUGH SUBSTANTIAL TENSION OVER LAWMAKING ROLES EXISTS, JUDGES GENERALLY SHARE SIMILAR POLITICAL ORIENTATIONS AND ROLE PERCEPTIONS. THERE ARE MODERATE ASSOCIATIONS BETWEEN DIFFERENT ROLE PERCEPTIONS AND DIFFERENT TYPES OF VOTING BEHAVIOR, PARTICULARLY IN THE CASE OF INNOVATORS, WHO GRAVITATE TOWARD A LIBERTARIAN ACTIVIST STANCE IN CIVIL RIGHTS AND CRIMINAL CASES. ROLE PERCEPTIONS APPARENTLY ARE NEITHER SO WEAK AS TO BE SUBSUMED UNDER PERSONAL PREFERENCES, NOR SO STRONG AS TO BE CONSIDERED THE SINGLE MOST IMPORTANT FACTOR IN JUDICIAL DECISIONMAKING. THE MIXED RESULTS OF THE ANAYSIS POINT UP THE NEED TO REFINE BOTH POLITICAL AND PROFESSIONAL THEORIES OF JUDICIAL DECISIONMAKING BY DEVELOPING FINER MEASURES OF POLITICAL AND PROFESSIONAL IDEOLOGIES AND BY DIFFERENTIATING CONDITIONS UNDER WHICH EITHER OR BOTH MAY BE EXPECTED TO AFFECT JUDICIAL BEHAVIOR IN DIFFERENT COURTS. A FURTHER IMPLICATION OF THE FINDINGS IS THAT, ALTHOUGH PROFESSIONAL DISCIPLINE IS AN IMPERFECT SUBSTITUTE FOR INSTITUTIONAL CONTROLS (I.E., SUPREME COURT SUPERVISION) WITH REGARD TO CIRCUIT COURT DISPOSITION OF CASES WITH GREAT POLICYMAKING POTENTIAL, THE PRAGMATIC AND MIDDLE-OF-THE-ROAD POLICY VALUES DOMINANT AMONG FEDERAL CIRCUIT JUDGES BY VIRTUE OF PROFESSIONAL SOCIALIZATION AND POLITICAL RECRUITMENT MAKE IT UNLIKELY THAT THE CIRCUIT COURTS AS INSTITUTIONS WILL DEVIATE FAR FROM THE NORM. DATA ARE TABULATED AND REFERENCES ARE NOTED. (LKM)