New Perspectives for the Comparative Study of the Judiciary: The State Supreme Court Project

• NCJ Number: 194985
• Journal: Justice System Journal Volume: 22 Issue: 3 Dated: 2001 Pages: 243-262
• Author(s): Paul Brace; Kellie Sims Butler
• Date Published: 2001
• Length: 20 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This article offers a comparative study of American State supreme courts.

Abstract

Data for this study were taken from all 50 States for the 1995 through 1998 sessions. In States with 200 or fewer total cases, all non-per curiam cases were coded. In States with more than 200 cases, a random sample of 200 non-per curiam cases was coded. Over 7,500 cases were coded for each year. A template covering 423 items of information about case and judge characteristics was developed, allowing researchers to examine and compare the issues coming before the State supreme courts, the parties involved, the court decision, and the votes and characteristics of the individual justices. Results showed that these courts exhibited a wide variety of institutional structures. They operated in quite distinctive political environments. These tribunals exhibited substantial variation in method of selection, size, retirement provisions, method of opinion assignment, recognition of seniority, and provisions for advisory opinions. The justices that sat on these courts exhibited substantial differences in age, race, and gender. The number of women and minority judges seated on the high courts also varied substantially. Roughly one-tenth of the States has no female justices and almost one-half has no nonwhite justices on their high courts in this period. These courts also varied significantly in their partisan composition, with some State supreme courts having no Democratic justices and others with 100 percent Democratic representation on the bench. There were also some fairly striking differences in seniority. The average seniority of an Oklahoma justice was 19 years, while in roughly half of the States average seniority was less than 10 years. There is also an extraordinary variety in the past political experiences of the justices. In many States a sizable proportion or even majority of the justices served as prosecutors before coming to the supreme court. There were selected States where none of the justices have this kind of previous political experience. 8 figures, 3 tables, 62 references