STUDY OF THE U.S. (UNITED STATES) CIRCUIT JUDGE NOMINATING COMMISSION - FINDINGS, CONCLUSIONS AND RECOMMENDATIONS

• NCJ Number: 62022
• Journal: Judicature Volume: 63 Issue: 3 Dated: (SEPTEMBER 1979) Pages: 104-129
• Author(s): L BERKSON; S CARBON; A NEFF
• Date Published: 1979
• Length: 26 pages
• Sponsoring Agency: Lilly Endowment, Inc
• Corporate Author: American Judicature Soc
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: ARTICLE IS ADAPTED FROM THE FORTHCOMING BOOK ENTITLED, 'THE US CIRCUIT JUDGE NOMINATING COMMISSION - ITS MEMBERS, PROCEDURES AND CANDIDATES'

Annotation

THE EFFECTIVENESS OF THE U.S. CIRCUIT COURT NOMINATING COMMISSION IN ACHIEVING STATED GOALS IS EVALUATED, AND RECOMMENDATIONS FOR ITS MODIFICATION AND IMPROVEMENT ARE PRESENTED.

Abstract

THE COMMISSION, ESTABLISHED IN FEBRUARY 1977, BY PRESIDENT CARTER, WAS TO (1) SELECT CIRCUIT JUDGES ON THE BASIS OF PROFESSIONAL MERIT RATHER THAN PARTISAN POLITICAL CONSIDERATIONS AND TO (2) CORRECT PAST DISCRIMINATION AGAINST WOMEN AND MINORITIES BY ACTIVELY SEEKING MEMBERS OF THESE GROUPS FOR THE BENCH. THE PRESENT STUDY WAS CONDUCTED BY THE AMERICAN JUDICATURE SOCIETY TO EVALUATE THE COMMISSION'S DEVELOPMENT, COMPOSITION, OPERATING PROCEDURES, CANDIDATE RECOMMENDATIONS, AND EFFECTIVENESS. PERSONAL INTERVIEWS AND MAILED QUESTIONNAIRES WERE USED TO COMPILE DATA FROM WHITE HOUSE STAFF, JUSTICE DEPARTMENT OFFICIALS, AND MEMBERS OF THE PANELS ACTIVATED TO FILL JUDICIAL VACANCIES BETWEEN FEBRUARY 1977, AND APRIL 1979. RESULTS INDICATE THAT THE PANELS HAVE SUCCESSFULLY EXPANDED THE APPLICANT POOLS, HAVE EMPHASIZED FACTORS OTHER THAN POLITICAL ACTIVITY IN EVALUATING APPLICANTS, AND GENERALLY HAVE RECOMMENDED WELL-QUALIFIED CANDIDATES. NEVERTHELESS, DEMOCRATS ARE HEAVILY FAVORED BOTH IN PANEL COMPOSITION AND IN CANDIDATES RECOMMENDED. OF THE 220 CANDIDATES RECOMMENDED, 79 PERCENT WERE DEMOCRATS, 14 PERCENT WERE REPUBLICANS, ONLY 15 PERCENT WERE WOMEN, AND 15 PERCENT WERE MINORITIES. IN ADDITION, THE 60-DAY SELECTION PERIOD WAS FOUND TO BE TOO SHORT. THIRTY-TWO RECOMMENDATIONS FOR IMPROVING THE COMMISSION'S COMPOSITION AND PROCEDURES, ARE INCLUDED. FIGURES, TABLES, AND FOOTNOTES ARE INCLUDED. (CFW)