SEARCHING FOR JUDGES IN OREGON - WHERE WOULD THE BAR LOOK

• NCJ Number: 52416
• Journal: Judicature Volume: 61 Issue: 8 Dated: (MARCH 1978) Pages: 376-381
• Author(s): C H SHELDON
• Date Published: 1978
• Length: 6 pages
• Corporate Author: American Judicature Soc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

A SURVEY OF THE ATTITUDES AND PERCEPTIONS OF ATTORNEYS WHO MAY SERVE ON A COMMISSION CHARGED WITH RECRUITING AND SCREENING JUDGES FOR OREGON IS DOCUMENTED.

Abstract

UNDER THE PROPOSED MERIT PLAN (WHICH OREGON VOTERS WERE TO ACCEPT OR REJECT IN NOVEMBER 1978), A SEVEN-MEMBER NONPARTISAN COMMISSION RECRUITS AND INVESTIGATES CANDIDATES WHEN A JUDICIAL VACANCY OCCURS IN A COURT WITH STATEWIDE JURISDICTION. THE GOVERNOR APPOINTS A JUDGE FROM A LIST OF QUALIFIED PERSONS PREPARED BY THE COMMISSION. AFTER 2 YEARS ON PROBATION, THE APPOINTED JUDGE STANDS FOR ELECTION (AND FOR REELECTION EVERY 6 YEARS HENCE), RUNNING UNOPPOSED ON HIS OR HER RECORD. BECAUSE THREE OF THE COMMISSIONERS ARE TO BE ATTORNEYS, IT IS IMPORTANT TO DETERMINE THE ATTITUDES OF MEMBERS OF THE OREGON LEGAL PROFESSION REGARDING THE RECRUITMENT AND SELECTION OF JUDGES. IN 1974-75, QUESTIONNAIRES WERE SENT TO 86 LEADERS (53 PERCENT RESPONSE) AND 200 RANK-AND-FILE MEMBERS (49 PERCENT RESPONSE) OF THE OREGON STATE BAR. THE ATTORNEYS WERE ASKED WHO WOULD BE THE BEST SOURCE OF INFORMATION ON JUDICIAL CANDIDATES, WHAT CRITERIA ARE BEST FOR APPRAISING THE POTENTIAL OF A CANDIDATE, HOW LEGAL COMPETENCY CAN BE MEASURED, AND HOW SUCCESSFUL THE LEGAL PROFESSION HAS BEEN IN PAST ATTEMPTS TO INFLUENCE JUDICIAL APPOINTMENT DECISIONS. RESPONSES TO EACH QUESTION ARE ANALYZED, AND COMPARISONS ARE DRAWN BETWEEN LEADERS AND RANK-AND-FILE ATTORNEYS. THE LEADERS WOULD RELY MORE HEAVILY ON THE ADVICE OF STATE BAR OFFICERS, PROMINENT LAWYERS, AND BUSINESS AND POLITICAL PARTY LEADERS FOR GUIDANCE ON THE QUALIFICATIONS OF CANDIDATES THEN WOULD RANK-AND-FILE MEMBERS. BOTH GROUPS WOULD TEND TO LIMIT THEIR RECRUITING AND INFORMATION GATHERING TO THE LEGAL COMMUNITY. LEGAL COMPETENCY IS THE MOST CRUCIAL INDICATOR OF QUALIFICATION FOR BOTH GROUPS, AND BOTH REGARD LEGAL SCHOLARSHIP AS THE ESSENCE OF LEGAL COMPETENCY. ON THE BASIS OF THE SURVEY FINDINGS, A MODEL DEPICTING THE ROLE ATTORNEYS ARE LIKELY TO PLAY SHOULD THE MERIT PLAN BE ADOPTED BY OREGON VOTERS IS PRESENTED. SUPPORTING DATA ARE INCLUDED. (LKM)