NCJ Number
42199
Date Published
1976
Length
58 pages
Annotation
UTILIZING DATA FROM 14 STATE SUPREME COURTS OVER THE 20-YEAR PERIOD FROM 1951-1971, THIS STUDY TESTS THE EXPECTATION THAT THE FORMAL LEADERSHIP ROLE ASSUMED BY THE PRESIDING JUDGE MODIFIES HIS VOTING PREDISPOSITIONS.
Abstract
THE AUTHORS HYPOTHESIZE THAT THE MANAGERIAL ABILITIES OF THE CHIEF JUSTICE WILL BE AN IMPORTANT DETERMINANT OF THE LEVEL OF A COURT'S PRODUCTION AND THE DEGREE OF COHESION IN THE COURT. IN PARTICULAR, THE AUTHORS EXPECTED THE CONCERN OF THE CHIEF JUSTICE FOR INSTITUTIONAL STABILITY TO LEAD TO HIS PROMOTION OF UNANIMITY WHEREVER POSSIBLE. TOWARD THIS END, HE MAY SUPPRESS HIS OWN TENDENCIES TO DISSENT EVEN IF THE DECISIONS GO CONTRARY TO HIS OWN VALUE PREFERENCES. TO TEST THIS, THE DISSENT RATES OF CHIEF JUSTICES ARE EXAMINED AND COMPARED TO THOSE OF ASSOCIATE JUDGES FOR COURTS PROVIDING JUDICIAL TENURE, COURTS PROVIDING LONG TERMS OF OFFICE FOR THE CHIEF JUDGE, AND COURTS PROVIDING SHORT TERMS OF OFFICE FOR THE CHIEF JUSTICE. RESULTS OF THIS ANALYSIS ARE REPORTED, AND BASED ON THIS, THE AUTHORS CONSTRUCT A TYPOLOGY OF JUDICIAL LEADERSHIP. (AUTHOR ABSTRACT MODIFIED)...DMC