WHAT DIFFERENCE DOES METHOD OF JUDICIAL SELECTION MAKE? SELECTION PROCEDURES IN STATE COURTS OF LAST RESORT

• NCJ Number: 61957
• Journal: JUSTICE SYSTEMS JOURNAL Volume: 5 Issue: 1 Dated: (FALL 1979) Pages: 25-44
• Author(s): V E FLANGO; C R DUCAT
• Date Published: 1979
• Length: 26 pages
• Corporate Author: Institute for Court Management
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: ARTICLE ADAPTED FROM A PAPER PRESENTED AT THE 1975 ANNUAL CONVENTION AT THE AMERICAN POLITICAL SCIENCE ASSOCIATION, SAN FRANCISCO, CALIFORNIA.

Annotation

EFFECTS OF JUDICIAL SELECTION PROCEDURES IN STATE COURTS OF LAST RESORT AND CHARACTERISTICS OF JUDGES, JUDICIAL DECISIONS, AND COURTS ARE EXAMINED.

Abstract

CLASSIFYING SELECTION PROCEDURES IN STATE COURTS OF LAST RESORT IS NECESSARY IN EVALUATING THE CONSEQUENCES OF VARIOUS JUDICIAL SELECTION MODES. CLARITY IN THE CLASSIFICATION PROCESS IS CRUCIAL BECAUSE VARIATIONS IN OUTCOMES SHOULD BE DUE TO DIFFERENCES IN SELECTION PROCEDURES AND NOT THE RESULT OF DIFFERENCES IN THE CLASSIFICATION OF STATES. THE MISSOURI PLAN CAUSES PROBLEMS IN CLASSIFICATION BECAUSE STATES PURPORTING TO USE THE PLAN HAVE NOT ADOPTED ALL OF ITS BASIC ELEMENTS. THESE ELEMENTS ARE NOMINATION BY COMMISSION, GUBERNATORIAL APPOINTMENT, AND RETENTION ELECTION. RESEARCH ON JUDICIAL SELECTION IS SPARSE; STUDIES THAT HAVE BEEN COMPLETED DEAL WITH THE IMPACT OF SELECTION PROCEDURES ON CHARACTERISTICS OF JUDGES, JUDICIAL DECISIONS, AND COURTS. BACKGROUND CHARACTERISTICS PRESUMED TO DISTINGUISH THE QUALITY OF JUDGES IN DIFFERENT SELECTION SYSTEMS ARE EDUCATION, LOCALISM, AND PRIOR EXPERIENCE. VARIANCES IN LOCALISM ARE CAUSED BY REGIONAL MIGRATION PATTERNS AND HIGHER EDUCATION SYSTEMS. OF ALL BACKGROUND CHARACTERISTICS STUDIED IN RELATION TO JUDICIAL DECISIONS, PARTY AFFILIATION IS THE MOST PERTINENT VARIABLE. EVEN IF METHODS OF JUDICIAL SELECTION CORRELATE WITH THE QUALITY OF JUDGES OR DISSENT RATES OF COURTS, THIS RELATIONSHIP DOES NOT MEAN THAT THE METHOD OF SELECTION IS THE CRUCIAL VARIABLE. IF DEMOGRAPHIC, SOCIAL, ECONOMIC OR POLITICAL FACTORS ARE RESPONSIBLE FOR CHANGES IN JUDICIAL ORGANIZATION AND BEHAVIOR AND IN JUDICIAL SELECTION METHODS, EFFORTS TO REFORM THE JUDICIAL SYSTEM MAY BE MISDIRECTED. JUDICIAL SELECTION STUDIES SHOULD BE INTEGRATED WITH RESEARCH ON POLITICAL RECRUITMENT AND THAT THESE STUDIES SHOULD BE COMPARATIVE IN NATURE AND VIEW SELECTION PROCEDURES IN THEIR ORGANIZATIONAL, POLITICAL, ECONOMIC, AND SOCIAL CONTEXTS. MAJOR NATIONAL, PROFESSIONAL, AND PUBLIC INTEREST GROUPS RECOMMEND ADOPTION AT THE MISSOURI PLAN. SUPPORTING DATA AND FOOTNOTES ARE INCLUDED. (DEP)