NCJ Number
44215
Journal
Trial Volume: 13 Issue: 11 Dated: (NOVEMBER 1977) Pages: 40-43
Date Published
1977
Length
4 pages
Annotation
THE HISTORY OF JUDGE SELECTION PRACTICES IN THE UNITED STATES IS TRACED, WITH EMPHASIS ON STATE AND FEDERAL MERIT SELECTION PLANS.
Abstract
THE HISTORY OF SELECTION PRACTICES FOR STATE JUDGES HAS MOVED FROM DIRECT APPOINTMENT BY GOVERNOR AND SELECTION BY STATE LEGISLATURE, THROUGH PARTISAN AND THEN NONPARTISAN ELECTIONS, TO THE MERIT PLAN. THE BASIC FEATURES OF THE MERIT PLAN ARE THE NOMINATION OF A LIST OF QUALIFIED CANDIDATES BY A NONPARTISAN COMMISSION COMPOSED OF LAWYERS AND NONLAWYERS, THE APPOINTMENT BY AN ELECTED OFFICIAL FROM THE LIST OF CANDIDATES, AND THE ELECTION, AFTER A SHORT PROBATIONARY PERIOD, OF THE JUDGE IN A YES-NO RETENTION ELECTION. THE TREND TOWARD ADOPTION OF THE MERIT PLAN BY STATES HAS GAINED CONSIDERABLE MOMENTUM IN THE 1970'S. THE METHOD OF SELECTING FEDERAL JUDGES ALWAYS HAS BEEN DIRECT APPOINTMENT BY THE PRESIDENT, WITH CONFIRMATION BY THE SENATE. HOWEVER, SOON AFTER TAKING OFFICE, PRESIDENT CARTER ESTABLISHED A MERIT PLAN BY EXECUTIVE ORDER FOR FILLING VACANCIES IN THE U.S. CIRCUIT COURTS OF APPEAL. TO HAVE EXTENDED THE MERIT PLAN TO ENCOMPASS U.S. DISTRICT COURT JUDGES WOULD HAVE BEEN TO GO AGAINST THE LONG-STANDING CUSTOM OF 'SENATORIAL COURTESY' WITH REGARD TO JUDICIAL APPOINTMENTS. SENATORS IN 14 STATES HAVE CREATED OR PROPOSED SCREENING OR NOMINATING PANELS TO ASSIST THEM IN RECOMMENDING JUDICIAL APPOINTMENTS. IF THE MERIT PLAN IS TO CONTINUE TO BE VIEWED AS A MAJOR REFORM, THE SUCCESSES AND FAILURES OF EXISTING PLANS SHOULD BE DOCUMENTED.