From rcaufield@ajs.org Wed Apr 1 18:23:55 2009 From: rcaufield@ajs.org (Rachel Caufield) Date: Wed, 1 Apr 2009 12:23:55 -0500 Subject: [jnc_network]Diversity and judicial nominating commissions Message-ID: <20090401172356.5E315103801E@smtpauth03.csee.onr.siteprotect.com> This is a multi-part message in MIME format. ------=_NextPart_000_0021_01C9B2C4.BA492620 Content-Type: text/plain; charset="us-ascii" Content-Transfer-Encoding: 7bit Welcome to the JNC Network Listserv. The JNC Network and this listserv are designed to foster better understanding of how judicial nominating commissions operate and create a forum where commissioners from across the country can discuss prominent issues that affect them and their commissions. Judicial Merit Selection and Diversity For those who have not yet seen it, the Brennan Center has a new report about how merit selection systems can be designed to improve diversity on the bench. Improving Judicial Diversity (available online at http://www.brennancenter.org/content/resource/diversity_report/) relies on a series of interviews with 15 commissioners in 10 states to examine how appointive systems, and nominating commission practices in particular, can foster higher rates of diversity. Research has consistently demonstrated that no one system of judicial selection is superior to others in creating a diverse judiciary. The Brennan Center report is focused on specific recommendations in those states that use nominating commissions. Among the recommendations are strategic recruitment of minority and women applicants, rules and procedures that encourage diversity on the commission and foster consensus among commissioners about the role of diversity in their deliberations, and consistent, transparent screening and interviews that allow all applicants to fully understand the commission's procedures. Each of these recommendations is consistent with the American Judicature Society's Handbook for Judicial Nominating Commissioners. Other recommendations include increased judicial salaries to encourage applications from minority and women lawyers, the appointment of a diversity "ombudsman," and better record keeping. Diversity has recently been a hot button topic in several states with judicial nominating commissions. For example, New York Governor David Paterson publicly criticized the bipartisan Commission on Judicial Nomination for not including a woman among the seven individuals recommended to replace Chief Judge Judith S. Kaye, who retired in December. In a strikingly similar scenario, Charlie Crist, Governor of Florida, publicly criticized the recommendations submitted by the Fifth Circuit Court of Appeal nominating commission for the fact that all of the nominated individuals were white. In both of these cases, the Governor was forced to abide by the commission's recommendations. In a separate nomination battle, Florida's Supreme Court nominating commission nominated five individuals to replace retiring Justice Harry Lee Anstead. Governor Crist appointed the one Hispanic finalist, Jorge Labarga, to the Fourth District Court of Appeal and demanded that the commission reconvene to arrive at a new, more diverse, set of recommendations. The nominating commission held a late night meeting and added a prominent Hispanic lawyer (Frank Jimenez, who served as Assistant General Counsel to former Governor Jeb Bush) to the list. Critics contended that Crist politicized the appointment process and that the JNC's response would undermine public confidence in the process. Crist later reconsidered and appointed Labarga to the Anstead vacancy. We'd like to hear your questions and comments on the role of diversity in merit selection processes. Any listserv subscriber can post at any time. Messages posted to the listerv may be screened by the JNC Network Administrator and/or staff members of the American Judicature Society. This screening process is not intended to limit participation or comments, and no one will edit the text of messages before posting them to the listserv. If a message is not appropriate and/or relevant, it will not be posted. The positions and policies expressed by members of the JNC Network are their own, and do not necessarily reflect those of the nominating commission with which they work, the state in which they serve, or the American Judicature Society. Rachel Paine Caufield, Ph.D. Research Fellow, Elmo B. Hunter Citizens Center for Judicial Selection The American Judicature Society The Opperman Center at Drake University 2700 University Avenue Des Moines, Iowa 50311 515-271-2289 (phone) 515-279-3090 (fax) rcaufield@ajs.org Associate Professor Drake University Department of Politics and International Relations 2508 University Avenue Des Moines, Iowa 50311 515-271-1924 (phone) 515-271-1870 (fax) rachel.caufield@drake.edu ------=_NextPart_000_0021_01C9B2C4.BA492620 Content-Type: text/html; charset="us-ascii" Content-Transfer-Encoding: quoted-printable

Welcome to the JNC Network = Listserv.

 

The JNC Network and this listserv are designed to foster better understanding of how judicial nominating commissions operate and create = a forum where commissioners from across the country can discuss prominent issues = that affect them and their commissions. 

 

Judicial Merit Selection and = Diversity

 

For those who have not yet seen it, the Brennan Center has a new report about how merit selection systems can be designed to = improve diversity on the bench.  Improving Judicial Diversity (available online at = http://www.brennancenter.org/content/resource/diversity_report/) relies on a series of interviews with 15 commissioners in 10 states to = examine how appointive systems, and nominating commission practices in = particular, can foster higher rates of diversity. 

 

Research has consistently demonstrated that no one system of = judicial selection is superior to others in creating a diverse judiciary.  = The Brennan = Center report is focused on = specific recommendations in those states that use nominating commissions.  = Among the recommendations are strategic recruitment of minority and women = applicants, rules and procedures that encourage diversity on the commission and = foster consensus among commissioners about the role of diversity in their deliberations, and consistent, transparent screening and interviews that = allow all applicants to fully understand the commission’s = procedures.  Each of these recommendations is consistent with the American Judicature Society’s Handbook for Judicial Nominating Commissioners.  Other recommendations = include increased judicial salaries to encourage applications from minority and = women lawyers, the appointment of a diversity “ombudsman,” and = better record keeping.  

 

Diversity has recently been a hot button topic in several states = with judicial nominating commissions.  For example, New York Governor = David Paterson p= ublicly criticized the bipartisan Commission on Judicial Nomination for not including a woman among the seven individuals recommended to replace = Chief Judge Judith S. Kaye, who retired in December.  In a strikingly similar scenario, Charlie Crist, Governor of Florida, publicly = criticized the recommendations submitted by the Fifth Circuit Court of Appeal = nominating commission for the fact that all of the nominated individuals were = white.  In both of these cases, the Governor was forced to abide by the = commission’s recommendations. 

 

In a separate nomination battle, Florida’s Supreme Court nominating commission nominated five individuals to = replace retiring Justice Harry Lee Anstead.  Governor Crist appointed the = one Hispanic finalist, Jorge Labarga, to the Fourth District Court of Appeal and = demanded that the commission reconvene to arrive at a new, more diverse, set of recommendations.  The nominating commission held a late night = meeting and added a prominent Hispanic lawyer (Frank Jimenez, who served as Assistant = General Counsel to former Governor Jeb Bush) to the list.  Critics = contended that Crist politicized the appointment process and that the JNC’s response = would undermine public confidence in the process. Crist later reconsidered and appointed Labarga to the Anstead vacancy.

 

We’d like to hear your questions and comments on the role = of diversity in merit selection processes.  =

 

Any listserv subscriber can post at any time.  Messages = posted to the listerv may be screened by the JNC Network Administrator and/or staff = members of the American Judicature Society.  This screening process is not = intended to limit participation or comments, and no one will edit the text of = messages before posting them to the listserv.  If a message is not = appropriate and/or relevant, it will not be posted. 

 

The positions and policies expressed by members of the JNC = Network are their own, and do not necessarily reflect those of the nominating = commission with which they work, the state in which they serve, or the American = Judicature Society. 

 

 

Rachel Paine Caufield, = Ph.D.

Research Fellow, Elmo B. Hunter Citizens Center for = Judicial Selection

The American Judicature = Society

The Opperman Center at Drake University

2700 University Avenue

Des = Moines, Iowa 50311

515-271-2289 (phone)

515-279-3090 (fax)

rcaufield@ajs.org=

 

Associate Professor

Drake University Department of Politics and = International Relations

2508 University Avenue

Des = Moines, Iowa  50311

515-271-1924 (phone)

515-271-1870 (fax)

rachel.caufield@drake.edu

 

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