NCJ Number
14095
Date Published
1974
Length
445 pages
Annotation
PORTRAYAL OF JUDGES AS PEOPLE WHOSE PERSONALITIES, BACKGROUND, POLITICAL AND SOCIAL AFFILIATIONS, VALUES, AND EXPERIENCES, AS WELL AS THEIR LEGAL COMPETENCE AFFECT THE WAY EACH EXERCISES JUDICIAL POWER.
Abstract
ON THE BASIS OF PERSONAL INTERVIEWS AND COURTROOM OBSERVATIONS, JUDGES FROM A BROAD SPECTRUM OF POLITICAL, GEOGRAPHICAL, AND HIERARCHICAL ASSOCIATIONS ARE DESCRIBED. THE FAILURES MOST PREVALENT IN JUDGES ARE SEEN TO BE INTELLECTUAL INADEQUACY, CORRUPTION, BIGOTRY, TYRANNY, TEMPERAMENTAL INSTABILITY, AND PHYSICAL OR MENTAL DISABILITIES. IT IS ARGUED THAT THE SYSTEM FOR SELECTING JUDGES, ALONG WITH WORKING CONDITIONS, DOES NOT NURTURE THE SECURING OF THE BEST IN THE LEGAL FIELD. RELATIVELY LOW PAY, THE TEDIUM AND FRUSTRATION OF LOWER COURT WORK, AND THE NECESSITY FOR POLITICAL SCRAMBLING ARE CITED AS DETRIMENTS TO THE PURSUIT OF EXCELLENCE. MERIT SELECTION BY A QUALITY COMMISSION AFTER PUBLIC HEARINGS IS SUGGESTED AS A MEANS FOR SELECTING JUDGES. WHERE JUDGES ARE ELECTED, A PUBLIC WATCHDOG COMMISSION IS RECOMMENDED TO MONITOR JUDICIAL PERFORMANCE.