United States Circuit Judge Nominating Commission - Its Members, Procedures and Candidates

• NCJ Number: 71036
• Author(s): L C Berkson; S B Carbon
• Date Published: 1980
• Length: 270 pages
• Sponsoring Agency: New York City Dept of Employment
• Corporate Author: American Judicature Soc
• Sale Source: American Judicature Soc
• Language: English
• Country: United States of America

Annotation

This study explores charges and criticisms leveled against the U.S. Circuit Judge Nominating Commission, evaluates the Commission, and concludes that despite partisan influence the Commission performed admirably.

Abstract

The study covers the period from the Commission's inception in February 1977 through April 1979. President Carter's issuing of Executive Order 11972 establishing the Commission and the passage of the Omnibus Judgeship Bill creating 152 new judgeships radically altered the composition of the circuit bench. The Commission was meant to deemphasize partisan politics and offer opportunities to women and minorities in Federal judge selection. Following an examination of the Commission's historical development, this report analyzes its composition and operating procedures. The characteristics of the candidates recommended to and selected by the President are surveyed. Finally, panelist, candidate, and administration officials' evaluation of how the Commission is working are presented. Assessments are made throughout the study to determine whether the Commission behaves according to the goals and precepts advanced by supporters of merit selection and those who favor taking affirmative action to place more women and minorities on the bench. Data were gathered primarily by personal interviews and mailed questionnaires. Extensive interviews were conducted with members of the White House staff and Department of Justice officials. Recommended candidates were also asked to supply information. The study concludes that the Commission may simply represent a form of merit selection of Democrats by Democrats. Nonpartisanship was excluded from the elements of the merit selection system. However, despite the political overtones, the commissioners on the whole performed admirably, recruiting and recommending candidates primarily on the basis of professional competence rather than partisan considerations. Appendixes list recommendations to improve the Commission, study methodology, Executive Order 11972, Executive Order 12059, supplemental Department of Justice instructions, and sample questionnaires. Tables, references, and an index are provided. (Author abstract modified)