EXCLUSION OF WOMEN FROM THE JUDICIAL PROCESS

• NCJ Number: 57094
• Journal: Signs Volume: 2 Issue: 4 Dated: (SUMMER 1977) Pages: 877-887
• Author(s): S TOLCHIN
• Date Published: 1977
• Length: 11 pages
• Corporate Author: University of Chicago Press
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

EQUITY IN JUDICIAL REPRESENTATION WITH RESPECT TO WOMEN, IN BOTH FEDEAL AND STATE COURT SYSTEMS, IS CONSIDERED.

Abstract

THE FEDERAL COURT SYSTEM HAS A REPUTATION FOR BEING MORE PROGRESSIVE THAN THE STATE COURT SYSTEM, BUT STATISTICS INDICATE THAT WOMEN HOLD ONLY 10 JUDGESHIPS OUT OF A TOTAL OF 583 APPOINTMENTS TO THE FEDERAL BENCH. DATA FROM STATE COURTS SHOW SIMILAR LOW RATIOS OF WOMEN JUDGES. THERE APPEARS TO BE NO SIGNIFICANT CORRELATION BETWEEN THE PERCENTAGE OF WOMEN IN STATE COURT SYSTEMS AND STATE METHODS OF SELECTING JUDGES. MERIT SELECTION, NONPARTISAN ELECTION, AND PARTISAN ELECTION DO NOT SEEM TO MAKE ANY DIFFERENCE WHEN IT COMES TO INCREASING THE REPRESENTATION OF WOMEN IN THE JUDICIAL PROCESS. THE KEY TO JUDICIAL SELECTION LIES IN THE POLITICAL SYSTEM. EXCLUDING WOMEN FROM THE BENCH IS A REFLECTION OF WOMEN'S LACK OF POLITICAL POWER. AT THE FEDERAL LEVEL, THE AMERICAN BAR ASSOCIATION EXERCISES A SIGNIFICANT AMOUNT OF INFLUENCE OVER JUDICIAL APPOINTMENTS BUT HAS NO WOMEN ON ITS BOARD OF GOVERNORS. LOCAL BAR ASSOCIATIONS APPEAR TO BE JUST AS EXCLUSIONARY. POLITICAL PARTY LEADERS WHO SLATE JUDICIAL CANDIDATES FOLLOW A VALUE SYSTEM OF MALE DOMINANCE AND ARE MORE PRONE TO SELECT MALE CANDIDATES. OF WOMEN'S GROUPS, ONLY THE NATIONAL ORGANIZATION FOR WOMEN AND THE NATIONAL WOMEN'S POLITICAL CAUCUS ARE DOING ANY LOBBYING FOR THE INCREASED REPRESENTATION OF WOMEN ON THE JUDICIARY. MEDIA COVERAGE OF WOMEN JUDGES LEAVES MUCH TO BE DESIRED, AND WOMEN ARE STILL FIGHTING NEGATIVE ATTITUDES ABOUT THEIR ROLE IN LEGAL-JUDICIAL FIELDS. TWO FACTORS OFFERING THE MOST HOPE FOR CHANGING THE STATUS OF WOMEN IN THE JUDICIARY ARE THE RISE IN THE NUMBER OF WOMEN ENTERING LAW SCHOOL AND THE INCREASING NUMBER OF WOMEN ENTERING THE POLITICAL SYSTEM ON ELECTIVE LEVELS. APPENDIXES CONTAIN TABULAR DATA ON WOMEN SERVING IN THE JUDICIARY AND LIST ORGANIZATIONS CONTACTED TO OBTAIN INFORMATION ON THE EXTENT OF WOMEN IN THE JUDICIARY. (DEP)