NCJ Number
11088
Date Published
1972
Length
255 pages
Annotation
INTERPLAY OF PERSONALITIES, INSTITUTIONS, AND POLITICAL CONSIDERATIONS INVOLVED IN THE PROCESS OF SELECTING FEDERAL JUDGES.
Abstract
DESPITE THE IMPORTANCE OF FEDERAL JUDGES IN THE SYSTEM OF AMERICAN GOVERNMENT, RELATIVELY LITTLE SCHOLARLY ATTENTION HAS BEEN DIRECTED TOWARD THE PROCESS OF APPOINTING THESE JUDGES - HOW IT OPERATES AND WHAT TYPES OF INDIVIDUALS BECOME JUDGES. PROFESSOR CHASE ANALYZES AND EVALUATES THE CURRENT FEDERAL APPOINTMENT PROCESS. THE STUDY IS CONCERNED WITH THE JUDGES WHO SERVE IN WHAT ARE KNOWN AS ARTICLE III COURTS, THE COURTS CONSTITUTED BY CONGRESS IN ACCORDANCE WITH ARTICLE III OF THE CONSTITUTION. THEY INCLUDE COURTS OF APPEALS, DISTRICT COURTS, THE COURT OF CLAIMS, THE COURT OF CUSTOMS AND PATENT APPEALS, AND THE CUSTOMS COURT. FOR HIS STUDY THE AUTHOR HAD ACCESS TO DEPARTMENT OF JUSTICE RECORDS AND CONDUCTED EXTENSIVE INTERVIEWS WITH OFFICIALS IN THE KENNEDY ADMINISTRATION AS WELL AS WITH OFFICIALS IN THE EISENHOWER AND JOHNSON ADMINISTRATIONS WHO PLAYED LEADING ROLES IN THE APPOINTMENT OF JUDGES. IN ADDITION, HE INTERVIEWED MANY JUDGES, LAWYERS, NEWSMEN, AND POLITICAL LEADERS, AS WELL AS A SAMPLING OF U.S. SENATORS AND MOST OF THE RECENT CHAIRMEN OF THE AMERICAN BAR ASSOCIATION'S COMMITTEE ON FEDERAL JUDICIARY. THE RESULTING CROSSSECTION OF OPINION AND PERSPECTIVES ON EACH ADMINISTRATION'S ACTIVITIES IS PRESENTED IN A NARRATIVE FORMAT WHICH EMPHASIZES THE INTERPLAY OF PERSONALITIES AND POLITICAL CONSIDERATIONS IN THE APPOINTIVE PROCESS. (AUTHOR ABSTRACT MODIFIED) (SNI ABSTRACT)