NCJ Number
48846
Date Published
1978
Length
22 pages
Annotation
AFTER A BRIEF HISTORY OF FEMALE JUDGES, THEIR PRESENCE IN MODERN JUDICIAL BUREAUCRACY IS ANALYZED. ACCESS TO THE BENCH IS ASSESSED, AND COURT STRUCTURE PLUS THE ENVIRONMENT OF FEMINISM ARE CONSIDERED.
Abstract
DURING THE 1920'S AND THE 1930'S, THE REPRESENTATION OF WOMEN ON THE BENCH, THOUGH PROPORTIONAL TO THE NUMBER OF LAWYERS, WAS SMALL. SINCE THAT TIME, THE APPOINTMENT OF FEMALE JUDGES HAS NOT INCREASED GREATLY, AND IN 1977 THERE WAS AN ESTIMATED 5.8 PERCENT OF WOMEN ON THE BENCH. THIS PERCENTAGE IS USUALLY DIVERTED TO TRIAL COURTS SPECIALIZING IN DOMESTIC AND JUVENILE CASES. HIGHER APPELLATE COURTS HAVE LITTLE FEMALE REPRESENTATION. THE BASE OFFICE LEADING TO JUDGESHIP IS LAW SCHOOL, AND SCREENING OF FEMALE APPLICANTS TRADITIONALLY HAS BEEN EXTREMELY SELECTIVE. BUT A RAPID RISE IN FEMALE LAW STUDENTS IN THE 1970'S INDICATES THAT BY 1980 AT LEAST 16 MORE WOMEN SHOULD BE APPOINTED TO STATE APPELLATE SEATS, AND 620 FEMALE JUDGES SHOULD BE SITTING ON THE BENCHES OF MAJOR TRIAL COURTS. THIS IS KEEPING WITH THE RULE THAT THE NUMBER IS PROPORTIONATE TO FEMALE CANDIDATES. THE NEXT STEP TOWARDS JUDGESHIP IS TO GAIN ACCESS TO MANIFEST OFFICES, WHICH PROVIDE NEEDED POLITICAL ADVANCEMENT AND EXPERIENCE. APPOINTMENTS TO THE LOCAL DISTRICT ATTORNEY'S OFFICE, IN THE STATE SYSTEM, AND TO THE UNITED STATES ATTORNEY'S OFFICE, IN THE FEDERAL SYSTEM, ARE BASIC MANIFEST OFFICES. AN INCREASINGLY IMPORTANT MANIFEST OFFICE FOR WOMEN IS THE STATE ATTORNEY GENERAL'S OFFICE. THERE IS A GREAT DISPARITY BETWEEN THE NUMBER OF WOMEN GRADUATING FROM LAW SCHOOL AND THE NUMBER HIRED BY THE ATTORNEY GENERALS. ONLY ONE STATE, WEST VIRGINIA, SHOWS A PROPORTIONATE NUMBER OF WOMEN IN THIS JUDICIAL OFFICE. COURT STRUCTURE IS STATISTICALLY ANALYZED IN RELATION TO FEMALE REPRESENTATION, AND THREE RECOGNIZABLE MODELS ARE OBTAINED: (1) THE LADDER PATTERN, DESCRIBING EQUAL ACCESS BY COURT LEVEL; (2) THE PYRAMID PATTERN, INDICATING GREATER ACCESS TO LOWER THAN HIGHER COURTS; AND (3) THE BELL PATTERN, DEPICTING TOKEN ACCESS AT THE APPELLATE AND LOWER COURT LEVELS. THE LADDER PATTERN IS FOUND IN ONLY EIGHT STATES; THE PYRAMIND PATTERN IN OVER HALF OF THE STATES; AND THE BELL PATTERN IN EIGHT. THE LIMITED SIZE OF THE BENCH KEEPS WOMEN OUT OF COVETED JUDICIAL POSITIONS, SINCE THE IMPORTANCE OF THE OFFICE KEEPS MINORITY GROUPS EXCLUDED ON A PROPORTIONAL BASIS. THE FEMINIST ENVIRONMENT IS DESCRIBED AS INDIRECTLY RELATED TO THE INCLUSION OF WOMEN AS JUDGES. THOSE WOMEN WHO DO MAKE IT TO HIGH POSITIONS ARE URGED TO ASSIST OTHER FEMALE LAWYERS IN THEIR CAREERS. TABLES AND REFERENCES ARE PROVIDED. AN APPENDIX LISTS THE WOMEN ON APPELLATE COURTS IN 1977. (DAG)