NCJ Number
78345
Date Published
1981
Length
204 pages
Annotation
Historical, legal, and survey research are combined to describe the selection of Federal district court judges during the Carter administration.
Abstract
Data for the study were obtained between August 1979 and August 1980 from survey questionnaires mailed to 404 selection commissioners in 28 States and 270 candidates for vacancies. A review of the history of Federal judicial selection for the district courts indicates that the selection process changed substantially during the Carter administration (1977-1980). President Carter encouraged the use of judicial nominating commissions to select Federal judges on the basis of applicants' professional rather than political credentials in order to alter the demographic profile of the judiciary by increasing the representation of women and racial minorities on the Federal bench and to involve representatives of more and different constituencies in the selection process. Legislation passed in October 1978, essentially enacted this proposal. The real changes in selection have been declines in influence formerly exerted by Senators and the Standing Committee of the American Bar Association. Many commissioners were found to prefer applicants with whom they shared demographic characteristics, suggesting that the sponsors' choices of commissioners can predetermine to some extent the commissioners' choices of candidates. The underrepresentation of women and racial minorities on the Federal bench may be perpetuated by the composition of many commissions. It remains to be determined whether the commissions help to improve judicial performance, whether they substantially change the composition of the bench, and whether they will endure. Study methodology and instruments, relevant legislation, and other pertinent materials are appended, and tabular data are provided. Footnotes and an index are included.