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Paths to the Federal Bench - Gender, Race and Judicial Recruitment

NCJ Number
93523
Journal
Judicature Volume: 67 Issue: 8 Dated: (March 1984) Pages: 370-388
Author(s)
E E Slotnick
Date Published
1984
Length
19 pages
Annotation
This analysis compares white male, nonwhite male, white female, and nonwhite female Federal judgeship nominees whose names were sent to the Senate Judiciary Committee for confirmation hearings during the 96th Congress, based on the factors of demographic profile, educational achievement, level of politicization, legal career patterns, and litigation records.
Abstract
Important differences among the four classes of nominees were found on measures of the nominees' political party preferences, age at appointment, and birthplace. While the vast majority of all nominees were Democrats, virtually all Republican nominees were found among white male candidates. Regarding income prior to nomination, 35.5 percent of white male nominees earned more than $80,000 annually, while the corresponding figures for nonwhite males, white females, and nonwhite females were 12.8 perent, 16.7 percent, and 20 percent respectively. While few statistically significant relationships were found regarding educational background, it does appear that an 'elite' law school training and excellence in law school can be factors which promote the judgeship candidacies of persons who might not be identified by more conventional measures of professional success. Further, the data show that significant records of partisan political activity were predominantly associated with the more traditional male judgeship candidates. Regarding career paths, white male candidates were generally recruited for judgeships after having enjoyed long years of legal experience, prestigious courtroom admissions, and highly successful private practices. Nonwhites, however, were generally recruited from sitting judgeships or from among those who had gained some public prominence through their judicial experience. Nonwhites, particuarly males, were most likely to have had legal aid backgrounds and served predominantly criminal practices. Women nominees were less likely to be heavy litigators and were most likely to have gained prominence as academicians. Tabular data and 40 footnotes are provided.