STUDY OF THE US (UNITED STATES) CIRCUIT JUDGE NOMINATING COMMISSION - EXECUTIVE SUMMARY

• NCJ Number: 60659
• Author(s): L BERKSON; S CARBON; A NEFF
• Date Published: 1979
• Length: 99 pages
• Sponsoring Agency: Lilly Endowment, Inc
• Corporate Author: American Judicature Soc
• Sale Source: American Judicature Soc
• Language: English
• Country: United States of America

Annotation

AN HISTORICAL PERSPECTIVE ON THE U.S. CIRCUIT JUDGE NOMINATING COMMISSION IS PRESENTED, AND THE COMMISSION'S COMPOSITION AND OPERATING PROCEDURES ARE DETAILED.

Abstract

THE COMMISSION WAS CREATED IN 1977 BY AN EXECUTIVE ORDER ISSUED BY PRESIDENT CARTER. THE DEPARTMENT OF JUSTICE SUBSEQUENTLY PROMULGATED ADDITIONAL INSTRUCTIONS TO GUIDE THE COMMISSION'S OPERATIONS AND PROCEDURES. THIRTEEN PANELS OF THE COMMISSION ARE DIRECTED TO RECOMMEND FOR NOMINATION AS CIRCUIT JUDGES PERSONS WHOSE CHARACTER, EXPERIENCE, ABILITY, AND COMMITMENT TO EQUAL JUSTICE UNDER LAW QUALIFY THEM TO SERVE IN THE FEDERAL JUDICIARY. A STUDY WAS UNDERTAKEN TO EVALUATE THE COMMISSION FROM ITS INCEPTION UNTIL MAY 1978. DATA WERE OBTAINED BY PERSONAL INTERVIEWS AND MAILED QUESTIONNAIRES. INTERVIEWS WERE HELD WITH WHITE HOUSE STAFF, DEPARTMENT OF JUSTICE OFFICIALS, AND PANEL MEMBERS. DETAILED QUESTIONNAIRES WERE SENT TO ALL PANEL MEMBERS NOT PERSONALLY INTERVIEWED AND ALL JUDICIAL CANDIDATES. THE OVERALL RESPONSE RATE TO QUESTIONNAIRES AVERAGED 83 PERCENT. PARTY AFFILIATION SEEMED TO HAVE BEEN IMPORTANT IN SELECTING COMMISSIONERS, ALTHOUGH ONE OF THE MAJOR PURPOSES OF THE COMMISSION WAS TO REDUCE THE ROLE OF PARTISAN POLITICS IN JUDICIAL SELECTION. EACH PANEL INCLUDED MEN AND WOMEN, CAUCASIANS AND MINORITIES, ALMOST EQUAL NUMBERS OF LAWYERS AND NONLAWYERS, AND A RESIDENT FROM EACH STATE WITHIN CIRCUITS. THE POLITICAL IDEOLOGY OF THE COMMISSION WAS DECIDEDLY MODERATE TO LIBERAL. APPROXIMATELY 560 INDIVIDUALS APPLIED FOR VACANCIES FILLED THROUGH MID-OCTOBER 1978, AN AVERAGE OF 33 APPLICANTS FOR EACH VACANCY. BY MAY 1979, PRESIDENT CARTER HAD NOMINATED 28 OF THE COMMISSION'S CANDIDATES. MOST PANELISTS WHO RESPONDED TO WRITTEN REQUESTS FOR INFORMATION BELIEVED THE COMMISSION HAD EFFECTIVELY SERVED ITS PURPOSE, MAINLY BECAUSE OF THE QUALITY OF CANDIDATES RECOMMENDED. SUGGESTIONS FOR IMPROVING THE SELECTION PROCESS FELL INTO THREE CATEGORIES: SELECTION OF COMMISSIONERS, OPERATING PROCEDURES OF PANELS, AND THE POSTCOMMISSION PROCESS. RECOMMENDATIONS TO IMPROVE THE COMMISSION ARE OFFERED WITH REGARD TO STRUCTURE, PANEL COMPOSITION, CRITERIA FOR EVALUATION, AND PROCEDURES. (DEP)