NCJ Number
107422
Journal
Judges' Journal Volume: 26 Issue: 2 Dated: (Spring 1987) Pages: 2-7,44
Date Published
1987
Length
7 pages
Annotation
In 1985, a literature review, a survey questionnaire, and personal interviews with consenting judges were used to determine the extent to which the negotiation process permeates appellate decisionmaking.
Abstract
Questionnaires were sent to each of the members of the U.S. Supreme Court of Appeals for the Seventh Circuit, the Illinois Supreme Court, and the Illinois Appellate Court (all districts). Over 53 percent of the judges returned the questionnaires, with replies from members of each of the courts. Seventeen of the judges agreed to personal interviews. Virtually all the respondents agreed that appellate judicial panel members jointly attempt to reduce dissent, although they disagreed as to how this process should be labeled. The process does involve negotiation among judges on the panel. The judges described several techniques for convincing a colleague to see things their way. These include courtesy, argument, patience, stubbornness, respectful listening, subtlety, peer pressure, concession, and changing the basis for the decision without changing the decision itself. A plurality of the respondents believed that when a dissent is based on strong emotional, moral, or philosophical grounds, persuasion is futile in attempting to gain a consensus. 2 tables and 14 notes.