U S CIRCUIT JUDGE NOMINATING COMMISSION - A COMPARISON OF TWO OF ITS PANELS

• NCJ Number: 52449
• Journal: Judicature Volume: 62 Issue: 5 Dated: (NOVEMBER 1978) Pages: 233-245
• Author(s): S CARBON
• Date Published: 1978
• Length: 13 pages
• Corporate Author: American Judicature Soc
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE STRUCTURE AND MANDATE OF THE U.S. CIRCUIT JUDGE NOMINATING COMMISSION ARE DESCRIBED, AND THE COMPOSITION AND PROCEDURES FOR JUDGE SELECTION OF THE SIXTH AND EIGHTH CIRCUIT PANELS ARE COMPARED.

Abstract

BY IMPLEMENTING MERIT SELECTION NOMINATING PROCEDURES, PRESIDENT CARTER SIGNIFICANTLY CHANGED THE PROCESS OF SELECTING FEDERAL JUDGES. TO EVALUATE THIS INNOVATION, THE AMERICAN JUDICATURE SOCIETY UNDERTOOK AN EXPLORATORY STUDY OF TWO OF THE COMMISSION'S PANELS (THE SIXTH AND EIGHTH JUDICIAL CIRCUIT PANELS). INFORMATION WAS OBTAINED FROM 15 OF 22 PANELISTS. THE EXECUTIVE ORDER REQUIRED THAT MEMBERS OF BOTH SEXES AND MEMBERS OF MINORITY GROUPS BE REPRESENTED ON THE PANELS. IT ALSO REQUIRED THAT A RESIDENT BE APPOINTED FROM EACH STATE IN THE CIRCUIT. IN THE SIXTH CIRCUIT, MEMBERS INCLUDED TWO NEWSPAPER PUBLISHERS, A UNION PRESIDENT, A PRESIDENTIAL ASSISTANT AT A UNIVERSITY, A FOOD AND WINE IMPORTER, AND A MAYOR OF A LARGE CITY. IN THE EIGHTH CIRCUIT, MEMBERS INCLUDED A GRADUATE STUDENT, A UNIVERSITY FACULTY MEMBER, A PUBLIC SERVICE VOLUNTEER, AND A MEMBER OF A STATE HOUSE OF REPRESENTATIVES. MOST PANEL MEMBERS SPECULATED THAT THEY WERE APPOINTED BECAUSE OF THEIR ACTIVE CIVIC INVOLVEMENT. EACH PANEL DEVISED PROCEDURES FOR EVALUATING APPLICANTS TO FILL JUDGE POSITION VACANCIES. THE SIXTH CIRCUIT PANEL EMPHASIZED A CANDIDATE'S HEALTH, WRITING ABILITY, AND CHARACTER AND PERSONALITY. THE PANEL FOR THE EIGHTH CIRCUIT ALSO REGARDED HEALTH, CHARACTER, AND PERSONALITY AS SIGNIFICANT VARIABLES BUT GAVE GREATEST PREFERENCE TO COMMUNITY AND PUBLIC SERVICE. THE METHOD OF SELECTING FIVE INDIVIDUALS TO SUBMIT TO PRESIDENT CARTER VARIED BETWEEN PANELS. SEVERAL RECOMMENDATIONS FOR IMPROVING THE COMMISSION ARE OFFERED, THE MOST IMPORTANT BEING THE EXTENSION OF A PANEL'S OPERATING TIME BEYOND 60 DAYS. SUCH AN EXTENSION WOULD ALLOW MORE TIME FOR RECRUITMENT AND WOULD FACILITATE A MORE INTENSIVE INVESTIGATION AND EVALUATION OF PROSPECTIVE NOMINEES. (DEP)