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Selection Systems and Judicial Characteristics - The Recruitment of State Supreme Court Judges

NCJ Number
104361
Journal
Judicature Volume: 70 Issue: 4 Dated: (December-January 1987) Pages: 229-235
Author(s)
H R Glick; C F Emmert
Date Published
1987
Length
8 pages
Annotation
This study indicates that although judicial credentials of State high court judges are not significantly affected by selection method, merit selection may discriminate against religious minorities.
Abstract
Background data on State supreme court judges serving in 1980-81 covered birth place, type of education, prior governmental experience, type and length of law practice, and political party and religious affiliation. Data sources were biographical directories and questionnaires mailed to political science professors, judges, and court administrators in each State. Of the 180 questionnaires sent, approximately 75 percent were returned. The findings confirm previous studies which show that various selection systems produce judges with similar judicial credentials. Differences among judges in type of education, localism, type of law practice, and previous experience are due mainly to region rather than selection system. This study indicates, however, that merit selection systems, compared to other selection systems, tend to produce higher proportions of Protestant judges. Past research reports that Catholic and Jewish judges are somewhat more liberal than Protestant judges on certain social and economic issues; therefore, merit selection may have the indirect effect of producing conservative judicial policy. Future research should explore this possibility. 3 tables and 20 footnotes.

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