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CLASSROOM LAW PROJECT Youth Summit 2005

Lesson 3A Look at the Current Court

Objectives: Students will consider important characteristics of Supreme Court justicesincluding judicial temperament.Handouts: (1) Bios of the Current Court; (2) Judicial Temperament article by Hon. JamesDuffy, Jr.; (3) ABA - Gavel Guidelines.

Extensions: Lessons from Street Law: The Challenge of Selecting an Ideal Supreme CourtNominee by Cathy Ruffing, teacher, and Nominating Federal Judges by Rebecca Small,teacher.

A. Daily Warm-Up and Current Events Alert!

Check National Constitution Center's website for relevant and timely current eventnews alerts. www.constitutioncenter.org.

B. Who Are the Current Justices?

Distribute Handout 1, Biographies of the Current Court, to nine small groups. Eachsmall group focuses on one justice. The group reports to the class about "their justice."

For more detail, see CSpan's main resource directory of judiciary resources. It will linkthe researcher to profiles for each justice: www.c-span.org/resources/judiciary.asp.

C. Questions to Think About

Balancing the CourtSome urge that the court should be balanced in terms of ethnicity, gender. age,experiences, philosophies (for more on judicial philosophy, see Lesson 4). Do you agreeor disagree with a balancing test? Why or why not?

Judicial TemperamentWhat about "judicial temperament?" What do you think it is? Where does it fit in thechart? How important is it when selecting a justice? How can it be measured? (Thisconsideration urged by Susan Leeson, Oregon Supreme Court, Retired.) See Handouts2 and 3 for the comments by a State Supreme Court judge (concise, readable article onmeaning of judicial temperament) and the ABA (interesting, detailed list), respectively.

RankingTeachers: after discussion of the concepts, consider making this a ranking exercise -individually, small groups, or as a class.

D. Vocabulary

Add to the list: judicial temperament.

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E. Extended Activities, Homework, Journal Entry

Extensions1. Write a help wanted advertisement for the position of Supreme Court justice.2. Label a body. This is from Melanie Morris, West Sylvan Middle School teacher,

divide into groups with about four students in each. On large butcher paper, onestudent gets his or her body traced on the paper. Then label the parts need to be agood justice. Example: brain for wisdom and knowledge, backbone for standing upfor what's right, etc.

3. Street Law lessons: The Challenge of Selecting an Ideal Supreme Court Nominee andNominating Federal Judges.

Homework/Journal1. Write about the justice you learned about. What impressed you most and why?2. Discuss what experience, skills, or characteristics are most important for a justice, or

the next justice. (Is there a difference? Why or why not?)3. Describe judicial temperament.

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CLASSROOM LAW PROJECT LESSON 3 - Handout 1 Youth Summit 2005

Biographies of the Justices of the Supreme Court

Source: booklet prepared by the Supreme Court of the United States, andpublished with funding from the Supreme Court Historical Society

William H. Rehnquist, Chief Justice of the United States, was born in Milwaukee,Wisconsin, October 1, 1924. He married Natalie Cornell, now deceased, and has threechildren—James, Janet, and Nancy. From 1943–1946 he served in the U.S. Army AirForces. He received a B.A., M.A., and LL.B. from Stanford University and an M.A. fromHarvard University. He served as a law clerk for Justice Robert H. Jackson of theSupreme Court of the United States during the 1951 and 1952 Terms, and practiced lawin Phoenix, Arizona from 1953–1969. He served as Assistant Attorney General, Office ofLegal Counsel from 1969–1971. President Nixon nominated him to the Supreme Court,and he took his seat as an Associate Justice on January 7, 1972. Nominated as ChiefJustice by President Reagan, he assumed that office on September 26, 1986. ~~ ChiefJustice Rehnquist died of thyroid cancer September 3, 2005.

John Paul Stevens, Associate Justice, was born in Chicago, Illinois, April 20, 1920. Hemarried Maryan Mulholland, and has four children—John Joseph (deceased), Kathryn,Elizabeth Jane, and Susan Roberta. He received an A.B. from the University of Chicago,and a J.D. from Northwestern University School of Law. He served in the United StatesNavy from 1942–1945, and was a law clerk to Justice Wiley Rutledge of the SupremeCourt of the United States during the 1947 Term. He was admitted to law practice inIllinois in 1949. He was Associate Counsel to the Subcommittee on the Study ofMonopoly Power of the Judiciary Committee of the U.S. House of Representatives,1951–1952, and a member of the Attorney General’ s National Committee to StudyAntitrust Law, 1953–1955. He was Second Vice President of the Chicago Bar Associationin 1970. From 1970–1975, he served as a Judge of the United States Court of Appeals forthe Seventh Circuit. President Ford nominated him as an Associate Justice of theSupreme Court, and he took his seat December 19, 1975.

Sandra Day O’ Connor, Associate Justice, was born in El Paso, Texas, March 26, 1930.She married John Jay O’ Connor III in 1952 and has three sons—Scott, Brian, and Jay.She received her B.A. and LL.B. from Stanford University. She served as DeputyCounty Attorney of San Mateo County, California from 1952–1953 and as a civilianattorney for Quartermaster Market Center, Frankfurt, Germany from 1954–1957. From1958– 1960, she practiced law in Maryvale, Arizona, and served as Assistant AttorneyGeneral of Arizona from 1965–1969. She was appointed to the Arizona State Senate in1969 and was subsequently reelected to two two-year terms. In 1975 she was electedJudge of the Maricopa County Superior Court and served until 1979, when she wasappointed to the Arizona Court of Appeals. President Reagan nominated her as anAssociate Justice of the Supreme Court, and she took her seat September 25, 1981.~~ Assoc. Justice O'Connor announced her resignation from the Court on July 1, 2005.

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Antonin Scalia, Associate Justice, was born in Trenton, New Jersey, March 11, 1936. Hemarried Maureen McCarthy and has nine children—Ann Forrest, Eugene, John Francis,Catherine Elisabeth, Mary Clare, Paul David, Matthew, Christopher James, andMargaret Jane. He received his A.B. from Georgetown University and the University ofFribourg, Switzerland, and his LL.B. from Harvard Law School, and was a SheldonFellow of Harvard University from 1960–1961. He was in private practice in Cleveland,Ohio from 1961–1967, a Professor of Law at the University of Virginia from 1967–1971,and a Professor of Law at the University of Chicago from 1977–1982, and a VisitingProfessor of Law at Georgetown University and Stanford University. He was chairmanof the American Bar Association’ s Section of Administrative Law, 1981–1982, and itsConference of Section Chairman, 1982–1983. He served the federal government asGeneral Counsel of the Office of Telecommunications Policy from 1971–1972, Chairmanof the Administrative Conference of the United States from 1972–1974, and AssistantAttorney General for the Office of Legal Counsel from 1974–1977. He was appointedJudge of the United States Court of Appeals for the District of Columbia Circuit in 1982.President Reagan nominated him as an Associate Justice of the Supreme Court, and hetook his seat September 26, 1986.

Anthony M. Kennedy, Associate Justice, was born in Sacramento, California, July 23,1936. He married Mary Davis and has three children. He received his B.A. fromStanford University and the London School of Economics, and his LL.B. from HarvardLaw School. He was in private practice in San Francisco, California from 1961–1963, aswell as in Sacramento, California from 1963–1975. From 1965 to 1988, he was aProfessor of Constitutional Law at the McGeorge School of Law, University of thePacific. He has served in numerous positions during his career, including a member ofthe California Army National Guard in 1961, the board of the Federal Judicial Centerfrom 1987–1988, and two committees of the Judicial Conference of the United States:the Advisory Panel on Financial Disclosure Reports and Judicial Activities, subsequentlyrenamed the Advisory Committee on Codes of Conduct, from 1979–1987, and theCommittee on Pacific Territories from 1979–1990, which he chaired from 1982–1990. Hewas appointed to the United States Court of Appeals for the Ninth Circuit in 1975.President Reagan nominated him as an Associate Justice of the Supreme Court, and hetook his seat February 18, 1988.

David Hackett Souter, Associate Justice, was born in Melrose, Massachusetts,September 17, 1939. He was graduated from Harvard College, from which he receivedhis A.B. After two years as a Rhodes Scholar at Magdalen College, Oxford, he receivedan A.B. in Jurisprudence from Oxford University and an M.A. in 1989. After receiving anLL.B. from Harvard Law School, he was an associate at Orr and Reno in Concord, NewHampshire from 1966 to 1968, when he became an Assistant Attorney General of NewHampshire. In 1971, he became Deputy Attorney General and in 1976, AttorneyGeneral of New Hampshire. In 1978, he was named an Associate Justice of the SuperiorCourt of New Hampshire, and was appointed to the Supreme Court of NewHampshire as an Associate Justice in 1983. He became a Judge of the United StatesCourt of Appeals for the First Circuit on May 25, 1990. President Bush nominated himas an Associate Justice of the Supreme Court, and he took his seat October 9, 1990.

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Clarence Thomas, Associate Justice, was born in the Pin Point community of Georgianear Savannah June 23, 1948. He married Virginia Lamp in 1987 and has one child,Jamal Adeen, by a previous marriage. He attended Conception Seminary and receivedan A.B., cum laude, from Holy Cross College, and a J.D. from Yale Law School in 1974.He was admitted to law practice in Missouri in 1974, and served as an AssistantAttorney General of Missouri from 1974–1977, an attorney with the MonsantoCompany from 1977–1979, and Legislative Assistant to Senator John Danforth from1979–1981. From 1981–1982, he served as Assistant Secretary for Civil Rights, U.S.Department of Education, and as Chairman of the U.S. Equal Employment OpportunityCommission from 1982–1990. He became a Judge of the United States Court of Appealsfor the District of Columbia Circuit in 1990. President Bush nominated him as anAssociate Justice of the Supreme Court, and he took his seat October 23, 1991.

Ruth Bader Ginsburg, Associate Justice, was born in Brooklyn, New York, March 15,1933. She married Martin D. Ginsburg in 1954, and has a daughter, Jane, and a son,James. She received her B.A. from Cornell University, attended Harvard Law School,and received her LL.B. from Columbia Law School. She served as a law clerk to theHonorable Edmund L. Palmieri, Judge of the United States District Court for theSouthern District of New York, from 1959–1961. From 1961–1963, she was a researchassociate and then associate director of the Columbia Law School Project onInternational Procedure. She was a Professor of Law at Rutgers University School ofLaw from 1963–1972, and Columbia Law School from 1972–1980, and a fellow at theCenter for Advanced Study in the Behavioral Sciences in Stanford, California from1977–1978. In 1971, she was instrumental in launching the Women’ s Rights Project ofthe American Civil Liberties Union, and served as the ACLU’s General Counsel from1973–1980, and on the National Board of Directors from 1974–1980. She was appointeda Judge of the United States Court of Appeals for the District of Columbia Circuit in1980. President Clinton nominated her as an Associate Justice of the Supreme Court,and she took her seat August 10, 1993.

Stephen G. Breyer, Associate Justice, was born in San Francisco, California, August 15,1938. He married Joanna Hare in 1967, and has three children—Chloe, Nell, andMichael. He received an A.B. from Stanford University, a B.A. from Magdalen College,Oxford, and an LL.B. from Harvard Law School. He served as a law clerk to JusticeArthur Goldberg of the Supreme Court of the United States during the 1964 Term, as aSpecial Assistant to the Assistant U.S. Attorney General for Antitrust, 1965–1967, as anAssistant Special Prosecutor of the Watergate Special Prosecution Force, 1973, as SpecialCounsel of the U.S. Senate Judiciary Committee, 1974–1975, and as Chief Counsel of thecommittee, 1979–1980. He was an Assistant Professor, Professor of Law, and Lecturer atHarvard Law School, 1967–1994, a Professor at the Harvard University Kennedy Schoolof Government, 1977–1980, and a Visiting Professor at the College of Law, Sydney,Australia and at the University of Rome. From 1980–1990, he served as a Judge of theUnited States Court of Appeals for the First Circuit, and as its Chief Judge, 1990–1994.He also served as a member of the Judicial Conference of the United States, 1990–1994,and of the United States Sentencing Commission, 1985–1989. President Clintonnominated him as an Associate Justice of the Supreme Court, and he took his seatAugust 3, 1994.

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CLASSROOM LAW PROJECT YouthSummit 2005

Biographies of the CourtWorksheet

Answer the following questions about your justice(s) …

Justice's name

Age

Family status

Academic background

Legal background

What else would you like to know about him or her?

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CLASSROOM LAW PROJECT LESSON 3 - Handout 2 Youth Summit 2005

'Judicial temperament' a matter of showing respect to all

by Hon. James E. Duffy Jr.

The rules of the Judicial Selection Commission provide that it may consider the "judicialtemperament" of a judicial applicant (or a petitioning judge seeking retention) together withother qualities such as integrity and moral courage, legal ability and expertise, intelligence andwisdom, compassion and fairness, and diligence and decisiveness.

What is "judicial temperament"? The American Bar Association defines it as having"compassion, decisiveness, open-mindedness, sensitivity, courtesy, patience, freedom frombias and commitment to equal justice. "While the association's definition is helpful in itsgeneric sense, it does not define for us what it means to have a "good" judicial temperament inthe real world of courtroom interaction with a judge. Recognizing that any evaluation of "goodjudicial temperament" in general, or as applied to a specific individual, is subjective, I offer mythoughts based upon 35 years in the practice of law and 10 months as a member of thejudiciary.

To begin, having a good judicial temperament does not mean that the judge must be "Mr./Ms.Congeniality," with a sparkling personality and good sense of humor. While these attributesmay be helpful (particularly a good sense of humor), having a good judicial temperament issomething much deeper and fundamental to our system of justice.

Our system of justice depends on our citizen's faith and trust that judges will decide disputesfairly and impartially, free from bias or prejudice. Out of respect for the system of justice andthe judge's position in this system, judges have traditionally been accorded respect by ourcitizens. In return, judges must respect all those they interact with, including the parties to thedispute, their attorneys, witnesses, jurors, court reporters, staff and members of the public.

How do judges show respect? In many ways, including the following: by treating everyonewith dignity, by being polite and courteous, by listening carefully to the testimony presentedand the arguments of counsel, by being patient (understanding that litigation involves humanemotions and that the courtroom is not a familiar or comfortable place for most people), and ingeneral by showing that the judge genuinely cares about the matter being presented,understands that it is an important matter for those involved, and conveys the attitude thathe/she will do his/her best to decide the case fairly and objectively, based on the evidencepresented and applicable law.

In summary, the judge must strive to be the embodiment of justice. In my experience, if thejudge has done his/her job, the parties and counsel (who are well aware that there will be a"winner" and "loser" in the litigation if it is pursued to a decision in court) will be satisfied thatthey have had a fair hearing of the dispute, regardless of the judge's ultimate decision.

To me, having a "good judicial temperament" is thus not a matter of personality but a matter ofcommitment to be the embodiment of justice by showing respect to all one interacts with. Ifshown genuine respect by our judges, our citizens will continue to place their faith and trust inour judicial system, which is a cornerstone of our democratic form of government.

James E. Duffy Jr. is an associate justice of the Hawai'i Supreme Court.

http://the.honoluluadvertiser.com/article/2004/May/02/op/op11a.html/?print=on

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CLASSROOM LAW PROJECT LESSON 3 - Handout 3 Youth Summit 2005

American Bar AssociationGavel Guidelines for Judicial Selection

I N D E X1. Introduction2. Integrity3. Legal Knowledge and Ability4. Judicial Temperament5. Diligence6. Punctuality7. Current Physical and MentalAbility8. Professional Experience9. Litigation Experience

10. Past Professional Conduct11. Financial Responsibility12. Political Activity13. Character14. Patience15. Common Sense16. Tact17. Social Consciousness18. Association and Public Service19. The Judicial System

1. IntroductionThe Judicial Evaluation Committee should consider the following Guidelines for theevaluation of candidates for judicial positions and sitting judges seeking retention. TheseGuidelines are based on criteria set forth in Section 15 of the Resolution of the Board ofManagers creating this Committee on the new procedure for judicial selection. Section 15specifies the criteria to be: integrity, legal knowledge, legal ability, judicial temperament,diligence, punctuality, health, age, professional experience, and such other elements ofcharacter and ability which the Committee shall define, subject to approval of the Board. . . .The Guidelines for candidates should embrace (1) personal characteristics or attributes; (2)professional preparation for judicial position; and (3) judicial performance in cases of sittingjudges. The judicial responsibilities involved in each court should be considered fully toprovide a framework against which to measure the applicant's performance or prospectiveperformance.

Eminent scholars of judicial selection have stated that there have not been developed reliableobjective yardsticks for the measurement of desirable judicial attributes are personal,subjective and human.

2. IntegrityWebster defines integrity as a "rigid adherence to a code of behavior and equates it withhonesty." Obviously, this bare definition will not suffice for our purposes without supplyingthe "code of behavior" referred to in the definition. A definition sometimes referred to is"Integrity is a rigid adherence to the facts and the law." Expanding on the definition referred towould require that the candidate have the capacity to be "fair" and unbiased. Moreover,instinct toward self-preservation, self-aggrandizement, prejudice, bias and selfishness shouldbe completely eliminated or suppressed as far as is humanly possible in decisions to be madeby a judge.

Analysis of the deportment, rulings, decisions and attitude of a sitting judge should bring tolight the answers to these questions:

(1) Does this judge allow bias or prejudice to dictate decision?

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(2) Is the judge honest in his formulation of the decision?(3) Does the judge base the decision on the evidence of the facts and the law withoutregard to who the parties or the lawyers are that are involved?(4) Is the judge able to disregard partisan political interests and other forms of influenceand act independently?

Generally, when evaluating a lawyer with no previous history as a judge, the reputation of theindividual in the legal community and in activities not related to the practice of law have to beanalyzed. Taking into consideration the traditional role of a lawyer as an advocate presentinghis or her client's view in the best possible light, certain questions can be asked:

(1) Does he manipulate facts or evidence?(2) Does he deliberately misapply or misquote the law?(3) Can the representations made by counsel to other members of the bar be reliedupon?(4) Is his emotion controlled, so that reason prevails?(5) Is justice the main objective?

An individual with the "integrity" necessary to qualify must be one who is most able to putaside self-aggrandizement, prejudice and bias; who can ignore personalities and parties to thegreatest degree; who can base the decision on the facts and the law applicable to the facts.

3. Legal Knowledge and AbilityIt is difficult to separate the concepts of legal knowledge and legal ability. Legal knowledge, inits simplest form, may be defined as familiarity with established legal concepts and proceduralrules. Legal ability may similarity be defined as the intellectual capacity to interpret and applyestablished legal concepts to the facts and circumstances presented. Legal ability would alsoseem to involve skill in communicating, orally and in writing, the thought processes leading toa legal conclusion.

Legal knowledge and ability is not a static quality, but is acquired by the experience of aperson and by the continual learning process involved in keeping abreast of changing conceptsthrough education and study. Commentators in their discussions of criteria for the selection ofjudges note that "knowledge of legal procedure, keeping abreast of legal developments, levelof skill in communication; level of skill in written communication" are important elements of ajudge's qualifications. (American Judicature Society 64, August 1974). There is no doubt thatwhat they are referring to, generally, is called legal ability.

A candidate for judicial office should ordinarily possess a higher level of legal knowledge andability than the average lawyer practicing in the community. Aside from the foregoingqualifications, there are other elements which enhance legal ability. These are human qualitiessuch as moral courage, consideration of others, courtesy, patience and a reputation forfairness. Although not technically legal, they are certainly important criteria in determiningthe "ability" of a judge to develop and administer the law.

4. Judicial Temperament"Judicial temperament" appears to be universally regarded as a valid and important criterionin evaluating prospective and sitting judges. However, this quality is perhaps more easilyrecognized than defined. Nevertheless, there are several indicia of "judicial temperament"which, while ultimately premised upon subjective judgment, are sufficiently understood bypractitioners and laymen alike as to afford workable guidelines which can be applied byimpartial evaluators seeking to measure the "temperament" of a judicial candidate.

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Among the qualities which judicial temperament comprises are patience, open-mindedness,courtesy, tact, firmness, understanding, compassion and humility. Because the judicialfunction is essentially one of facilitating conflict resolution among competing interests, judicialtemperament implies the ability to deal with counsel, jurors, witnesses and parties calmly andcourteously, and the willingness to hear and consider what is said on all sides of a debatableproposition. It requires the ability to be even-tempered, yet firm; open-minded, yet willing andable to reach decisions; confident, yet not egocentric.

Because of the range of topics and issues with which a judge may be required to deal, judicialtemperament presumes the willingness and ability to assimilate data outside the judge's ownexperience, without bias. It presumes, moreover, an even disposition, buttressed by a keensense of justice, which enables an intellectual serenity in the approach to complex decisions,and forbearance under provocation. Judicial temperament also implies a mature sense ofproportion: reverence for the law, but appreciation that the rule of law is not static andunchanging; understanding of the judge's important role in the judicial process, yetrecognition that the administration of justice and the rights of the parties transcend the judge'sself-importance. Judicial temperament is typified by recognition that "there but for the grace ofGod go I," as the judge deals with the matters spread before him. It requires "an uncommontouch, commonly applied"

It is perhaps wise to note that in contrast to these elements of judicial temperament, the factorswhich indicate a lack of such temperament are also identifiable and understandable. Judicialtemperament thus implies an absence of arrogance, impatience, pomposity, loquacity,irascibility, arbitrariness or tyranny.

Judicial temperament is a quality which is not easily quantifiable but does not wholly evadediscovery; its absence can probably be fairly ascertained. Wide-ranging interviews whichtouch upon not only the law, but also upon social, moral, ethical and other concerns, shouldprovide insight into the temperament of judicial candidates. Evaluation of a sitting judge, ofcourse, is facilitated by the fact that his bearing, demeanor and temperament are visible tocasual observers and the practitioner who appear before him.

Notwithstanding the inherently subjective elements of any estimate of "judicial temperament",such as inquiry, is an extremely important criterion of judicial fitness.

5. Diligence"Diligence" is a relative term incapable of an exact definition. For example, diligence, in itsordinary sense, may be said to be that displayed in the management of one's own affairs by theaverage business or professional persons met with in daily life--persons who have the usualamount of practical common sense and who are endowed with ordinary prudence andforesight. However, it is a relative term, and its meaning depends on its use in varyingcircumstances. As applied to a judge, "diligence" may be defined as a steady application to thejudicial business at hand; a constant effort to accomplish the undertaking. While notnecessarily the same as "industriousness," it does imply the elements of constancy,attentiveness, persistence, perseverance, painstakingness, assiduousness and untiring effort.

Under Canon 3 of the Code of Judicial Conduct, a judge should perform the duties of his officeimpartially and "diligently." The proscription for such canons involves "diligence" in a widespectrum. It entails adjudicative responsibilities, order and decorum in proceedings, patienceand courtesy to the persons with whom the judge deals, an efficient and business like attitude

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while being patient and deliberate, the prompt dispatch of business, the devotion of adequatetime to duties, punctuality in attendance and expeditiousness in determinations. Necessarily, italso involves alertness to the character and fitness of persons and their conduct within thecommunity of lawyers and judges, the fulfillment of all administrative responsibilities withdispatch, appointments based on need, attention to the rules of disqualification, and particularattentiveness to avoiding of appearances of improper conduct.

6. PunctualityWebster's Dictionary describes a punctual person as one who acts or habitually acts at anappointed time or at a regularly scheduled time. "Punctuality" is also considered to meanbeing prompt.

The Illinois Supreme Court Rules governing Standards of Judicial Conduct establishes astandard of "Promptness":

A judge should be prompt in the performance of his judicial duties. He shouldrecognize that the time of litigants, jurors and attorneys is of value and that habituallack of punctuality or diligence creates dissatisfaction with the administration of theCourt.

The American Bar Association Code of Judicial Conduct, states that a judge should disposepromptly of the business of the court. This has been referred also as an element to beconsidered in the criteria for diligence. …

Measuring the punctuality of a sitting judge is much easier than applying it to the lawyer whoseeks a judicial position. The criterion of punctuality applies with equal force to the lawyerand to the judge. The lawyer should have a reputation which indicates that he does notprocrastinate in his law practice; that he meets procedural deadlines in his trial work; that hekeeps his commitments; and that he respects the time of the other lawyer and his client as wellas of the court.

7. Current Physical and Mental AbilityThe Committee shall determine, based on written response from the candidate's primaryphysician or other health care provider, whether the candidate currently possesses thephysical and mental ability to perform the essential functions of a judge with or withoutreasonable accommodation.

The Committee shall refrain from any additional inquiry into the candidate's health, includingany inquiry regarding the basis of the response from the physician or health care provider. Bylimiting its consideration to the candidate's current physical and mental ability, the Committeeshall refrain from engaging in any inquiry regarding the candidate's previous or future health.

The Committee shall likewise refrain from any speculation regarding whether the age of anycandidate may result in an inability to perform as a judge in the future. However, theCommittee may consider the length of time that all candidates intent to serve, includingwhether candidates intend to serve out the entire term of the office sought.

8. Professional Experience"No person shall be eligible to be a Judge or Associate Judge unless he is a United Statescitizen, a licensed attorney-at-law of this State, and a resident of the unit which selects him. Nochange in the boundaries of unit shall affect the tenure in office of a Judge or Associate Judgeincumbent at the time of such change." (Ill. Const., Art. VI, Sec. II; 1970).

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While exceptions may from time to time be recognized, a significant degree of experience as alawyer active in courtroom practice or the equivalent should usually be required whenrecommending a person for the trial bench. The extent of such experience will of necessity berelated to the total experience of the individual at the time the lawyer is under considerationfor a judicial position. An element of this experience is demonstrated administrative ability.

The number of years that a lawyer has practiced is a valid criterion for screening applicants forjudge. Anyone under consideration for a position on the Supreme Court, Appellate Court, orCircuit Court (whether as a Circuit or Associate Judge) ordinarily should have at least twelveyears experience as a practicing lawyer or judge. Unless such a candidate exhibits unusualqualifications and maturity, it should be an exception to recommended anyone with less thattwelve years of such experience.

Candidate for the Supreme Court and the Appellate Court should be required to have engagedin some form of practice, or to have had trial bench experience, which produced somemeasurable accomplishments demonstrating their ability to reason thoroughly andcommunicate with clarity in writing, as well as the courage to make decisions.

The foregoing is not intended to eliminate from consideration outstanding persons who havedemonstrated ability in teaching and who have contributed to the literature of the profession,or who have significant legal experience in government or private agencies.

9. Litigation ExperienceExcept where unusual competence and experience are demonstrated, a candidate should havesome litigation experience before being selected for the trial bench. At the same time, it isrecognized that extensive litigation experience may not be as essential to a trial judge as broadexperience with people. This includes the capacity to understand people coming from manydifferent environments.

In addition to the traditional concept of service as counsel for a party in civil or criminallitigation, litigation experience may be credited for representation of parties in adversaryproceedings before administrative tribunals as well as service as an associate judge.

The academician and government or corporate attorney should not be held unqualified on thisground alone. To require that all or substantially all of those years be spent in litigation woulddisqualify some otherwise outstanding candidates, but the extent and complexity of theexperience as a litigator should be given weight when awarding ratings to the prospectivecandidates. There may be many other attributes and characteristics which will provide asound foundation for selection for a judicial position.

By the same token, a trial lawyer should not be accepted as a candidate without looking forsome other characteristics which may be detrimental to his "on the job" training as an judge.Such traits as arbitrariness may be evident in his relationship with other lawyers, employeesand others with whom he has any contact. A person's reputation may also disclose a biaswhich may disqualify him. There should be available unbiased sources of information to avoidacceptance of unfounded rumors.

10. Past Professional ConductPast professional conduct of an applicant is a valid subject of inquiry to determine the presentqualifications of a candidate who is screened for the first time, or of a judge seeking retention.

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Proceedings before (discipline or inquiry boards) may be a valid consideration in evaluating acandidate. In the case of a candidate who has been disciplined, the degree of rehabilitation andreputation of the individual should be reviewed in applying this guideline.

11. Financial ResponsibilityThe financial responsibility of a candidate is one of the factors to be considered in determiningability to properly serve. All candidates, including sitting judges, should be financiallyresponsible.

12. Political ActivityIllinois Supreme Court rule on the subject of partisan politics reads as follows:

A judge shall not (a) hold any official or office in a political party, shall not serve on anyparty committee or act as a party leader, and shall not take a part in political campaignsexcept when he is a candidate for a federal, state or local non-judicial elective officewithout first resigning his judgeship. A candidate for a judgeship shall not personallysolicit campaign contributions, but should establish some method which will notinvolve him in the direct solicitation of funds.

The nature and quality of political service by a candidate may be a valid consideration.Political service may add a desirable dimension to a candidate's qualifications. On the otherhand, a candidate's political career may be such as to demonstrate a likelihood that he will notact independently on the bench.

There is no objection to a candidate for judicial office being active politically, but there iseverything wrong with his continuation as a participant in partisan politics after receiving ajudicial election or appointment.

Any person after being elected or appointed to a judicial position, and while holding a judicialposition, shall observe the above rule. It is proper for the Committee to ascertain suchobservance.

13. CharacterGood moral character is something that must be determined from the entire personalbackground of the candidate.

14. PatienceHumility, tolerance and the ability to exercise forbearance under provocation are traits whichmust be found in the candidate. These are usually considered essential elements inascertaining judicial temperament.

15. Common SenseThis is the ability to make practical and reasonable judgments. It includes using a sense ofproportion as to each problem and finding an appropriate solution within applicable law.

16. TactThis involves a sensitivity to the feelings of others. It means a capacity to deal with otherswithout giving offense, an ability to create reciprocal good feelings.

17. Social ConsciousnessSome effort should be made to ascertain if the candidate is sensitive to human rights andneeds. Many social problems receive the attention of judges. The candidate should have an

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appreciation for these, and a sensitivity to the uses and limitations of law as a tool forcorrection of social problem.

18. Association and Public ServiceThe degree to which bar association work on committees provides an insight into thequalifications of the candidate varies in each individual. It may enhance a personalbackground.

Likewise, participation in public service adds another dimension to the personality of thecandidate. The degree of participation in such activities may indicate fairness, honesty,industriousness, diligence, social consciousness and consideration for others.

19. The Judicial SystemThe judicial system is an integral part of our governmental system of representativedemocracy. It is essential that judges to whom are delegated the responsibility foradministering the judicial system not only possess the professional competence and integrityto perform their function, but also that they earn and inspire the confidence of the public andthe bar in the performance of their duties. Particularly in light of contemporary publicskepticism about government in general, and the legal profession in particular, the judge is acritical factor in confirming visibly to all observers that the courts are administered in anirreproachable, open fashion.

Board Approved May 25, 1978, as amended through March 21, 2002http://www.chicagobar.org/public/attorney/judicial/guidelines.asp

©2002 The Chicago Bar Association. All rights reserved.

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CLASSROOM LAW PROJECT BACKGROUND - LESSON 3 Youth Summit 2005

The Challenge of Selecting an Ideal Supreme Court Nominee

Cathy Ruffing, Centreville High School, Street Law teacher

Objective: Students will research the characteristics of current justices, list and explainfactors that influence nomination selection for Supreme Court justices, and use thatinformation to create a resume for an ideal Supreme Court nominee based on the ideology ofthe current President and Senate.

Scope/sequence: This lesson should be presented after an introduction of the basic procedureof nomination and confirmation procedure of Supreme Court justices.

Time Needed: One 90 minute block or two 45 minute blocks

Focus Question: What qualities should a Supreme Court justice have?

Materials Needed:• Access to www.supremecourtus.gov/ or current justices’ biographies• Choosing a Supreme Court Nominee – Handout A• Article III, US Constitution – Handout B• Supreme Court Nominations Knowledge Inventory – Handout C• The Challenge of Selecting an Ideal Supreme Court Nominee: Directions – Handout D• Chart – Characteristics of Current Supreme Court Justices – Handout E• Ideal Supreme Court Nominee Resume - Handout F• Essay/Evaluation – Handout G

Teacher Input:• Pass out the sheet entitled “Choosing a Supreme Court Nominee” (Handout A).• Begin class by asking students to respond to the first two questions• Before they complete #3, hand out Article 3 of the Constitution (Handout B). Then allow

time to complete Handout A.• When students complete Handout A, have students briefly share in a class discussion of

the answers.• Pass out the “Supreme Court Nominations – Knowledge Inventory” (Handout C). Allow

students time to complete (individually, in pairs, or in groups).• Review the answers to the quiz using the key provided.• Transition to the next activity by summing up the importance selecting a nominee based

the ideology of the current administration and on balancing the court. The teacher shouldreview the major policy views of the current president (such issues as affirmative action,abortion, prayer in school, etc.)

• The teacher should also explain that to balance the court, you must know the current makeup of the court.

• Either take class to the computer lab to access short biographies of the current Justices atwww.supremecourtus.gov/ or pass out previously copied biographies.

• Pass out instructions entitled “The Challenge of Selecting an Ideal Supreme CourtNominee” (Handout D). Explain that they will first need to figure out who is the eldestcurrent Supreme Court Justice and assume that he/she has just retired.

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• Pass out the blank chart entitled “Characteristics of Current Supreme Court Justices”(Handout E) and have students collect data on the remaining 8 current Supreme CourtJustices.

• Divide students into small groups (3-5 students). Pass out the sheet entitled “IdealSupreme Court Nominee Resume” (Handout F). Allow students time to study the chart,consider the president’s ideology, and create a resume for an ideal nominee.

• Have students present their ideal nominees to the class.• Debrief• Assign essay/evaluation (Handout G)

Interactive Strategy/ Student Directions:• Complete “Choosing a Supreme Court Nominee” (Handout A). Read Article 3 of the

Constitution to complete # 3 (Handout B)• Take the Supreme Court “Knowledge Inventory” Quiz (Handout C)• Read the instructions entitled “The Challenge of Selecting an Ideal Supreme Court

Nominee Directions” (Handout D)• Research the current Supreme Court justices using the chart (Handout E)and the website

(http://www.supremecourtus.gov/) or biographies provided.• Create a resume for an “ideal” Supreme Court justice for a current vacancy who would

reflect the current president’s ideology and would balance the current justices. Completehis/her resume (Handout F)

• Present your nominee to the class.• Complete essay/evaluation (Handout G)

Debrief: Debrief by having students discuss the nominees presented to them and theirpositive and negative aspects. Then discuss how difficult it would be for the president to finda person who possesses those qualities and a compatible ideology.

Evaluation: In a five paragraph essay, students will select their choice for Supreme CourtJustice from among the other groups’ nominees (not their own). They will analyze theirchance for confirmation based on their resume, the current make up of the Senate, and theideology of the president. The student should discuss the relative importance of ideology andother characteristics of the nominees.

Extension: Before the writing assignment, have groups write at least 3 questions for eachnominee presented. Role play a Senate Confirmation hearing, having one student from thegroup that created the resume acting the part of the nominee and the students from the othergroups acting as Senators and questioning.

Helpful websites: www.supremecourtus.gov/, www.uscourts.gov

National Standards for Civics and Government9-12 Content Standards III. How Does the Government Established by the Constitution Embody the Purposes,

Values, and Principles of American Democracy?

A. How are power and responsibility distributed, shared, and limited in thegovernment established by the United States Constitution?

B. How is the national government organized and what does it do?

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Handout A

Name________________________________________________Pd.________

Choosing a Supreme Court Nominee1. Brainstorm – What qualities should a Supreme Court justice have?

2. Look at your list of qualities above, circle those you believe are required by theConstitution.

3. Read Article III of the Constitution. What are the constitutional requirements forSupreme Court Justice?

4. Considering your answers to the above questions, what other factors do you think gointo selecting a nominee?

5. Do you think it is more important to possess the characteristics in #2 or to have anideology similar to the administration in office at the time of the nomination?

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Handout B

Article III of theConstitution of the United States of America

Section 1: The Judicial Power of the United States, shall be vested in one supreme Court, andin such inferior Courts as the Congress may from time to time ordain and establish. Thejudges, both of the supreme and inferior Courts, shall hold their Offices during goodBehaviour, and shall, at stated Times, receive for their Services, a Compensation, which shallnot be diminished during their Continuance in Office.

Section 2: The judicial Power shall extend to all Cases, in Law and Equity, arising under thisConstitution, the Laws of the United States, and treaties made, or which shall be made, undertheir Authority; to all Cases affecting ambassadors, other public ministers and consuls; to allcases of admiralty and maritime Jurisdiction; to Controversies between two or more States;between a State and Citizen of another State; between Citizens of different States, betweenCitizens of the same State claiming Lands under Grants of different States, and between aState, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which aState shall be Party, the supreme Court shall have original Jurisdiction. In all other Casesbefore mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law andFact, with such Exceptions, and under such Regulations as the Congress shall make.

The trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shallbe held in the State where the said Crimes shall have been committed; but when notcommitted within any State, the Trial shall be at such Place or Places as the Congress may byLaw have directed.

Section 3: Treason against the Untied States, shall consist only in levying War against them,or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convictedof Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confessionin open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder ofTreason shall work Corruption of Blood, or Forfeiture except during the Life of the Personattainted.

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Handout C

Name________________________________________________Pd.__________

Supreme Court NominationsKnowledge Inventory

1. True or False – A vacancy on the Supreme Court has occurred about once every twoyears, so a president will probably have at least one appointment during his term.

2. True or False –The current justices get to vote on who will fill a vacancy.

3. True or False – The appointment to Chief Justice automatically goes to the senior mostjustice on the court.

4. True or False – Supreme Court nominees always have previous judicial experience.

5. True or False – Justice Sandra Day O’Connor was the first woman to serve on theSupreme Court.

6. True or False – Justices are obligated to rule according to the ideology of the presidentwho appointed them.

7. True or False – There was a former president who also served as Chief Justice of theUnited States.

8. True or False – The president has final word on whether a nominee will be confirmed.

9. True or False – Today geographical balance (where a nominee is from) is alsoimportant when selecting a nominee.

10. True or False – You meet the Constitutional requirements for a Supreme Court justice.

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Supreme Court NominationsKnowledge Inventory - ANSWER KEY

1. True or False – A vacancy on the Supreme Court has occurred about once every twoyears, so a president will probably have at least one appointment during his term.

True – Jimmy Carter was the first full term president who did not have an opportunity toname a nominee to the court (1977-81). George W. Bush also did not name anyone to theCourt during his first term in office.

2. True or False – The current justices get to vote on who will fill a vacancy.False

3. True or False – The appointment to Chief Justice automatically goes to the senior mostjustice on the court.False – the president may nominate anyone for the Chief Justice.

4. True or False – Supreme Court nominees always have previous judicial experience.False – Many of the most famous have had no previous judicial experience including 8chief justices. However, all 108 have had experience in public service. Among membersof the Court in 2005, only Chief Justice Rehnquist lacked previous judicial experience.

5. True or False – Justice Sandra Day O’Connor was the first woman to serve on theSupreme Court.True.

6. True or False – Justices are obligated to rule according to the ideology of the presidentwho appointed them.False – They are completely independent. In fact, many of them have “disappointed” thepresident who nominated them by ruling more conservatively or liberally than thepresident assumed they would.

7. True or False – There was a former president who also served as Chief Justice.True – William Howard Taft – President (1909-13) and Chief Justice (1921-30).

8. True or False – The president has final word on whether a nominee will be confirmed.False – The president has the power to nominate, subject to the “advice and consent” ofthe Senate (US Constitution, Article II, section 2.) The Senate Judiciary Committee willhold hearings and make a recommendation to the full Senate. A majority vote is needed.

9. True or False – Today geographical balance (where a nominee is from) is also importantwhen selecting a nominee.False – Although 31 of the 50 states have been represented among the 108 justices toserve, today there is no expectation of geographical balance.

10. True or False – You meet the Constitutional requirements for a Supreme Court justice.True – The Constitution states no requirements for holding the post of Supreme CourtJustice.

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Handout D

The Challenge of Selecting anIdeal Supreme Court Nominee

Objective: Today it will be your job as an advisor to the current President of theUnited States to identify ideal characteristics for an opening on the Supreme Court ofthe United States. You will have to consider the ideology of the president, thedemographics of the current justices and the current make up of the Senate.

• Complete “Choosing a Supreme Court Nominee” (Handout A). Read Article 3 of theConstitution to complete # 3 (Handout B).

• Take the Supreme Court “Knowledge Inventory” Quiz (Handout C). Correct answersas your teacher reviews.

• Take notes as your teacher reviews the ideology of the current President of the UnitedStates.

• Research the current Supreme Court justices using the website(http://www.supremecourtus.gov/) or biographies provided. Tabulate the ages of thecurrent justices. Figure out who is the eldest current justice. For the sake of thisexercise, assume that the eldest justice has just announced his/her retirement. This isthe seat that will be vacant.

• Using the chart “Characteristics of Current Supreme Court Justices” (Handout E), fillin the information for the remaining 8 justices.

• Move into small groups of 3-5 students.

• Study the chart of current justices and the notes on the president’s ideology. Discussthe importance of balancing certain characteristics on the court and the role of thepresident’s and justice’s ideology.

• Create a resume for an “ideal” Supreme Court justice for a current vacancy whowould share the current president’s ideology and balance the current justices.Complete his/her resume (Handout F).

• Present your nominee to the class.

• In a five paragraph essay, select your choice for Supreme Court Justice from amongthe other groups’ nominees (not your own). (a) Analyze their chance forconfirmation based on their resume, the ideology of the president, and the currentmake-up of the Senate. (b) Discuss the probability that the President could find anominee like the one you chose

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CLASSROOM LAW PROJECT BACKGROUND - LESSON 3 Youth Summit 2005

US Government & Politics - Lesson PlanNominating Federal Judges

Rebecca Small, Herndon High School AP Government and Street Law Teacher

Objectives The students will be able to explain the politics and political processes of courtappointments, interpret and analyze relevant charts, and hone and refine essaycomposition skills.

(The charts and essay assignments are particularly helpful for students preparing for theAP US Government and Politics Exam.)

Scope/Sequence• This lesson was initially developed for use in an advanced placement course but is

appropriate for various classes and may be adapted to your class’s level.• The lesson works best if presented as part of a unit on the judiciary, preferably after the

units on the president and Congress.• Prior to beginning this lesson, students should be familiar with the Congressional

committee structure, committee hearing process, and Senate procedures (such asfilibusters) as well as the role and importance of federal judges.

Time Recommendations• The complete lesson is designed for approximately 180 minutes of class time (either two

90-minute block periods or four 45-minute blocks). However, this time can/should beadjusted based on the pace of your class and the amount of preparation students dooutside of class.

• Additional time should be allotted if you opt for an in-class essay as an assessment tool.(A 25-minute segment of class is required if you plan to assign students the AP essay.)

Focus Questions• What is the purpose of giving federal judges life terms?• What factors should be considered in nominating and confirming a federal judge?• What are the most effective techniques for accomplishing the objectives of the various

players (president, nominees, Judiciary Committee member, Democratic senator, etc.)?• What is at stake in the appointment of federal judges?

Materials NeededFor the teacher:

Answer key to discussion questions (included on page 3)For the students: (Materials are included in the student packet for reproduction.)

Excerpt from Article III of the US Constitution “Nominating Federal Judges – An Overview of the Process” Charts From Vital Statistics - (May be copied for each student or copied on

transparency for use with an overhead projection) Chart Discussion Questions Resumes of Judicial Candidates

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Optional Background Research/Homework Assignment• Have students research one or all of the current justices on the Supreme Court, noting the

political affiliation of each justice’s nominating president, the justice’s political position(i.e. liberal, conservative, moderate), and the justice’s position on key issues such asabortion, affirmative action, state rights, etc.

• Have students offer hypotheses about how the justices’ views on the Court compare tothe views of the appointing president.

o For example, Justice David Souter was appointed by President George H. W.Bush, who believed that Souter was a moderate Republican. Justice Souter hasproven to be one of the more liberal members of the Court, who often sides withpositions favored by Democrats.

Interactive Strategy/Student Directions• “Article III of the Constitution – Judicial Power”

o Distribute copies to each student and have them read the excerpts from ArticleIII of the Constitution.

o Encourage students to comment on the language. Consider the following:o What is meant by “good Behavior?”o What is the process for appointing a federal judge?o Are there any formal requirements for the judges?

o Review the discussion questions with the students.

Alternative approach:o Have students search through a copy of the full Constitution to find the language

relevant to court appointments. (Students should identify the language that isquoted on the “Article III of the Constitution – Judicial Power” handout withoutusing the handout.)

o Encourage students to contrast the way in which the requirements for federaljudges are outlined as compared to the president and members of Congress. (Forexample: there are no age requirements, education requirements, or citizenshiprequirements for judges.) Challenge students to think of reasons for thesedifferences.

o Read the questions on the “Article III of the Constitution – Judicial Power” hand-out with the students and discuss the relevant issues.

• “Nominating Federal Judges – An Overview” - Steps, Chart, and Discussion Questionso Review the steps for nominating a federal judge.o Distribute copies of the chart or use a transparency to project it for the entire

class.o Have students analyze and interpret the chart. Use the discussion questions to

guide student analysis.

• Senate Judiciary Committee Hearing Simulation **

1. Give students a foundation for the activity. Students are to assume a Republicanpresident is trying to get several judicial nominations confirmed by the Senate,which is comprised of 51 Democrats and 49 Republicans.

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2. Choose five students who will play the roles of the president and the fournominees. For large classes, divide the remaining students into four groups. Eachgroup will play the Judiciary Committee assigned to conduct the hearing of one ofthe nominees. Smaller classes should have the remaining students act as oneJudiciary Committee that conducts the hearing for all four nominees.

3. Distribute the resumes based on whom the students will be playing/questioning.

4. The president should coach each nominee in preparing the candidates to presentthemselves before a Senate Judiciary Committee of inquiry. With the assistance ofthe president, the nominees should prepare a brief opening statement in support oftheir candidacy based on their biographies. The president should also help thefour nominees prepare answers for some of the questions they anticipate. Theiranswers should be honest but crafted in such a way that they do not jeopardizetheir chances at a confirmation. (The nominees should try to avoid answers thatmay alienate the Democratic majority in the Senate.)

5. The Senate Judiciary Committee will review the profile of the candidate they willquestion. The committee members should develop a list of questions to ask thenominee during the simulation. There should be a variety of questions prepared.Instruct students that they want to elicit information on the following topics:

o Background/ageo Qualificationso Specific issues (abortion, affirmative action)o Party loyaltyo Personal/character informationo Interest group endorsementso Filibuster possibilities (issues that may be offensive to the majority of

the Senate)

6. The committee should choose a chair who will call the meeting to order,recognize committee members to speak, and call for a vote to recommend or notrecommend.

7. Conduct the simulation. At the conclusion of each hearing the committee willvote on whether or not to favorably recommend the nominee.

8. After all four committee hearings, the class will act as the full Senate and vote onwhether or not to confirm each, articulating the reasons for their votes.

9. Debrief:o Ask students what was realistic about this simulation and what was not?o What impressed them about each candidate?o What concerned them about each candidate?o How did they ultimately make their decisions?

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Assessment• AP Essay Assessment:

o Go to www.apcentral.collegeboard.com.o See “AP US Government & Politics Exam” question index.o Select 2000 Free-Response #2. (You may download a copy of this, print it, and

ask students to respond to it.)o A grading rubric is also available on this site.

• Alternative Essay Assessments:o Have students imagine themselves as president and list the qualifications of their

ideal judicial nominee. Students should focus on the factors emphasized duringthe simulation. They should identify one or two key issues that might preventthem from choosing a particular candidate. (For example, refusal to nominatesomeone who is against the death penalty or someone without a formal legalbackground, etc.)

o Alternatively, students could write a paper arguing for or against life terms forjudges. Students must understand the rationales for judicial tenure in order tosupport or challenge the practice.

Extension Activities• Have students research and hypothesize how the next presidential election could affect

the make-up of the Supreme Court, taking into account the current justices most likely toretire.

• Ask students to research/report on recent filibusters of judicial nominations atwww.jurist.law.pitt.edu.

• CBS News Productions has a 45 minute program entitled “Hill vs. Thomas,” whichdescribes the very public and contested confirmation of Clarence Thomas to the SupremeCourt. Four CBS News correspondents provide their firsthand insights into the Hill vs.Thomas case. Archival footage covering the events surrounding the heated JudiciaryCommittee and Senate hearings presents the case from multiple viewpoints. This videocan be ordered at: www.films.com

• Have a federal judge visit your class. Contact information for federal judges is availableat www.uscourts.gov.

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Teacher Copy

AP Government – Nominating Federal JudgesAnswer Key to Discussion Questions

Article III of the Constitution Discussion Questions1) The purpose of giving judges a life term was to remove them from politics and to ensure

that they would view only the legal merits of a case and not make decisions with an eyetoward re-election or re-appointment. (To help students grasp the concept you may drawcomparisons to arguments for and against tenure for teachers and professors.)

2) Many argue that the impact of giving judges a life term has not necessarily insulatedthem from politics. Judges are citizens who read newspapers and watch the news; theycan be swayed by public opinion as much as anyone else. Others believe that judges often(but not always) appear to be loyal to the ideas of the presidents who appointed them.Still, the Supreme Court has issued many rulings in the past that appear to go againstpublic opinion of the time, including the Brown v. Board of Education decision.

3) The purpose was to provide a check on presidential power. Today it appears that thischeck, while real, does not occur very often. Fewer than 20% of all federal judicialnominations are rejected.

Nominating Federal Judges – Chart Interpretation Discussion questions1) This chart shows the demographic characteristics of federal district judges from the

presidencies of Johnson – Clinton.

2) Presidents choose almost exclusively nominees from their own party.

3) Most federal judicial nominees have previous experience as judges.

4) The number of women nominated has increased. More women are educated and areattorneys today than before. Still, the number of women nominated is low in proportionto their percentage of the population.

5) The number of African Americans nominated has increased. Democrats have been morelikely to nominate blacks. Affirmative action programs and the civil rights movementhave helped to create more diversity in the federal judiciary. Many argue that there is stilla long way to go.

6) The number of Asians nominated is very low.

7) The number of Hispanics nominated is low in proportion to the population but has beenincreasing.

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US GOVERNMENT & POLITICS

NOMINATING FEDERAL JUDGES

STUDENT PACKET

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ARTICLE III OF THE CONSTITUTION – JUDICIAL POWER

“The Judges, both of the supreme and inferior Courts, shall hold theirOffices during good Behavior.”

“He (the president) shall have Power, by and with the Advice andConsent of the Senate, to . . . nominate, and by and with the Advice andConsent of the Senate, shall appoint . . . Judges of the supreme Court,and all other Officers of the United States. . .”

Discussion Questions

1) What was the purpose of giving federal judges a life term?

2) What was the impact of giving federal judges a life term?

3) What was the purpose of requiring the president get the support of the Senate forfederal judge appointments?