JUDGES

I.          Judges are members of the courtroom workgroup
    A.        Power
        1.         The decisions of judges affect defendants at every stage of the process
        2.        Judicial decisions also affect criminal justice officials and how the system operates
    B.        Benefits
        1.        Traditionally, judges have been afforded a high level of prestige and       respect
        2.        For many, a judgeship is the capstone to a successful career in law
        3.        Judicial incomes are among the highest of criminal justice officials
        4.        Many judgeships carry with them considerable opportunities for patronage
    C.        Frustrations
        1.        Heavy caseloads and corresponding administrative problems
        2.        System limits of judicial actions
            a.        Lost documents
            b.        Members late for court
            c.        Overcrowded jails
        3.        Some judges escape to civil court positions
    D.        Judges and the courtroom work group
        1.        While judges retain the formal legal powers of the courtroom, power is informally shared with members of the work group
        2.        Sanctions can be applied by judges against prosecutors and defense attorneys who violate the norms of the work group
        3.        Sanctions can be applied by judges against prosecutors and defense attorneys who violate the norms of the work group
        4.        Judges are the most prestigious members of the work group
        5.        Amount of judicial influence varies among groups
        6.        Differences in judicial and work group philosophies within a system can lead to judge shopping 

II.        Three primary methods of judicial selection in the U.S.
    A.        Executive appointment
        1.        Article III judges are appointed by the president
        2.        Only a handful of states use outright gubernatorial appointment
    B.        Popular election
        1.        More than half of the states select judges through popular judicial elections
        2.        Politics play a role in both partisan and nonpartisan elections
        3.        Incumbent judges are rarely voted out of office
    C.        Merit selection
        1.        Hybrid system
            a.        A judicial nominating commission of laypersons and lawyers suggests a list of qualified nominees (usually three)
            b.        The state’s chief executive (governor) makes the final selection from the list of nominees
            c.        After a short period in office, a retention election is held
        2.        Very few judges have been removed by retention ballots
        3.        A majority of the states use the merit system in at least some level of their state court system
        4.        All states that have altered judicial selection have incorporated merit selection.
        5.    Commonly referred to as the Missouri Bar Plan
    D.        Consequences
        1.        Elective systems tend to elect those who have held prior political office, specifically district attorneys
        2.        Merit systems also tend to elect former district attorneys as judges
        3.        Overall, there is marginal difference between the judges elected by the various selection processes
 

III.       Judicial characteristics are important in understanding the judiciary
    A.        Traditional characteristics
        1.        White
        2.        Protestant
        3.        Male
        4.        Upper Middle class background
        5.        Above average education
        6.        The vast majority of federal and state judges held prior political office
    B.        Minorities
        1.        The under representation of blacks on the bench is a partial reflection of the small number of blacks practicing law
        2.        The under representation of blacks on the bench is also a product of judicial selection
    C.        Women
        1.        Women make up approximately 25% of lawyers practicing criminal law
        2.        Today 21% of state appellate court judges are women
    D.        Similarities and findings
        1.        Some research indicates small gender differences in judicial decisions (example: women’s rights)
        2.        In general there has been little difference found in the roles gender or race play on judicial decisions
        3.        Black judges are more likely to be selected by appointment than in states using elections 

IV.       Judicial conduct is monitored in every state but may compromise judicial Independence
    A.        Judicial accountability vs. judicial independence
        1.        Protections against unpopular rulings are the hallmark of judicial independence
        2.        Judicial independence is not an end in itself; there must be means for the removal of wayward judges
        3.        Judicial conduct must be enforced to maintain the integrity of the judiciary
    B.        Misconduct, etc.
        1.        Corruption
        2.        Scandal
        3.        Impairment—many states have enacted voluntary retirement ages for judges
    C.        State judicial conduct commissions
        1.        In 1960, California implemented a judicial conduct commission to discipline judges
        2.        Commissions investigate claims and complaints
        3.        Commissions may admonish, censure, or demand retirement or removal
        4.        State supreme courts retain the final power to discipline errant judges
    D.        Federal conduct
        1.        In 1980, Congress passed the Judicial Councils Reform and Judicial Conduct and Disability Act
        2.        Judicial councils of each U.S. Court of Appeals hear complaints and investigate.
        3.        Serious findings are reported to the Judicial Conference, which may recommend action by the U.S. House of Representatives
        4.        Impeachment is used in the most serious cases