NCJ Number
47518
Journal
Clearinghouse Review Volume: 12 Issue: 1 Dated: (MAY 1978) Pages: 37-43
Date Published
1978
Length
7 pages
Annotation
RECENT MODIFICATIONS IN THE SELECTION SYSTEM FOR FEDERAL JUDGES, COUPLED WITH THE PASSAGE OF THE OMNIBUS JUDGESHIP BILL, WILL PROVIDE THE CARTER ADMINISTRATION WITH AN OPPORTUNITY TO MAKE COURTS RESPONSIVE TO THE POOR.
Abstract
PASSAGE OF THE BILL WILL AUTHORIZE AN INCREASE OF APPROXIMATELY 28 PERCENT IN THE NUMBER OF JUDGES ON THE DISTRICT COURT BENCH AND APPROXIMATELY 36 PERCENT ON THE COURTS OF APPEAL BENCH. IN ADDITION, AN INCREASE IN THE NUMBER OF FEDERAL MAGISTRATES IS LIKELY TO BE APPROVED, AND THE ESTABLISHMENT OF A BANKRUPTCY COURT IS UNDER CONSIDERATION. THE NUMBER OF JUDICIAL APPOINTMENTS AUTHORIZED BY LEGISLATION WILL BE SUPPLEMENTED BY APPOINTMENTS NECESSITATED BY NORMAL RETIREMENTS, RESIGNATIONS, OR DEATHS. IN SHORT, PRESIDENT CARTER, SHOULD, WITHIN HIS TERM OF OFFICE, HAVE THE POWER TO CHANGE BOTH DIRECTLY AND INDIRECTLY THE COMPOSITION OF THE COURTS IN SUCH A WAY AS TO INCREASE THEIR RESPONSIVENESS TO THE NEEDS OF THE POOR, MINORITY GROUPS, AND WOMEN. PRIOR TO THE CARTER ADMINISTRATION, JUDICIAL SELECTION USUALLY INVOLVED RECOMMENDATIONS ON NOMINATIONS FROM SENATORS, THE DEPARTMENT OF JUSTICE, AND THE AMERICAN BAR ASSOCIATION. APPROVAL OF THE CANDIDATE DEPENDED UPON SENATE HEARINGS AND, FINALLY, SENATE CONFIRMATION. UNDER THIS SYSTEM, POLITICAL CONNECTIONS WERE GENERALLY CRUCIAL IN SECURING A FEDERAL APPOINTMENT TO THE JUDICIARY. ON FEBRUARY 14, 1977, HOWEVER, PRESIDENT CARTER SIGNED EXECUTIVE ORDER 11972 ESTABLISHING A MERIT-SELECTION SYSTEM FOR THE COURTS OF APPEAL. THE OMNIBUS JUDGESHIP BILL AND OTHER PENDING JUDICIAL LEGISLATION ALSO MANDATE THE ESTABLISHMENT OF SELECTION GUIDELINES AND PROCEDURES. WHILE THIS REPRESENTS A STEP IN THE RIGHT DIRECTION, GUIDELINES FOR THE INCLUSION OF WOMEN AND MINORITIES IN SELECTION ARE UNCLEAR, AND SOME OF THE REQUIREMENTS FAVOR WHITE MALE CANDIDATES. A REVIEW OF THE 41 PRESIDENTIAL APPOINTMENTS TO DATE REVEALS THAT THE PRESIDENT HAS NOT KEPT HIS CAMPAIGN PROMISE TO INCREASE FEMALE AND MINORITY JUDGES. THE LEGAL SERVICES COMMUNITY AND THE CITIZENS CAN INFLUENCE THE SELECTION PROCEDURE. THEY MAY ADVOCATE STRONGER CIVIL RIGHTS POLICIES AND PRACTICES IN SELECTION, SEEK POSITIONS ON CITIZEN AND JUDICIAL SELECTION PANELS, IDENTIFY AND RECOMMEND QUALIFIED CANDIDATES, OR OFFER TESTIMONY SUPPORTIVE OF SYMPATHETIC CANDIDATES. THE JUDICIAL SELECTION PROJECT, AN ADVOCACY ORGANIZATION COMPOSED OF CIVIL RIGHTS, LEGAL SERVICES, PUBLIC INTEREST, AND WOMEN'S REPRESENTATIVES, IS ABLE TO PROVIDE LEADERSHIP FOR LOCAL ADVOCACY EFFORTS THROUGHOUT THE COUNTRY. (JAP)