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Selection Method and Judicial Background Characteristics Selection Method and Judicial Background Characteristics A dissertation submitted to the Graduate School of the University of Cincinnati in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Department of Sociology of the College of Arts and Sciences 2013 by Michael B. Delaney B.A. Transylvania University, 1980 J.D. Chase College of Law, 1983 Committee Dr. Steve Carlton-Ford (Chair) Dr. Anulla Linders Dr. Paula Dubeck Selection Method and Judicial Background Characteristics Michael B. Delaney ABSTRACT This study explores social background characteristics of the judges serving in the lower trial courts of two states which utilize different methods to choose judges and which, if any, of Max Weber’s types of legitimate authority is more supported by a specific method. Colorado ascribes to the “Missouri Plan” in which the governor initially appoints the judge who must then eventually face a retention election (keep the judge or remove them). Kentucky formally uses a contested non-partisan election system wherein the judge must also run against an opponent for re-election. However, about 45 percent of these Kentucky jurists are in fact initially appointed by the governor due to politically timed retirements and resignations. While almost all prior research on such characteristics has addressed United States Supreme Court Justices, United States Circuit Court of Appeals judges, and various state supreme court judges, this study is the first to specifically address state lower trial court judges or to consider Weber’s typologies. More specifically, mail surveys were sent to all justices serving on the Kentucky District Courts as well as all those serving on the Colorado County Courts inquiring about 35 variables in eight major categories: localism, political party, demographics, religious affiliation, family background, income upon attaining the bench, prior legal experience, and occupational background. The Kentucky judges were also asked how they initially attained their position. Results are grouped into three findings. First, cumulative results are presented for all of the Kentucky District Court judges and then for the Colorado County Court jurists. Second, the Kentucky judges are separated into two groups dependent upon whether they initially came to the bench via election or appointment. However, no statistically significant difference was found between these two groups on any variable. Third, the Colorado judges are compared and contrasted with all of the Kentucky judges, regardless of how the latter initially attained their position. Chi square and logistic regression analyses indicate that the Kentucky jurists have stronger localism traits (number of generations living in respective county, in-state undergraduate, and in-state law school), are more likely to be affiliated with the Democratic Party, to be white and not Spanish/Hispanic/Latino, to have a religious affiliation (Baptist), to have previously practiced law in a partnership, to have had one or more grandparents who held public office, and to have a relative who has been a judge. Further, the Kentucky judges were found to have lived in their respective county and state about ten years longer, although the Colorado judges were found to be about four years older and initially attained their judgeship at a later age. Finally, predicated upon these findings, Max Weber’s three types of legitimate authority (traditional, charismatic, and rational-legal) are explored as they relate to each method. The traditional framework of authority based upon family background and local ties is more ii supported in the Kentucky model while his rational-legal authority dependent upon merit is more supported by the Missouri Plan model used in Colorado. iii Copyright, 2013 Michael B. Delaney iv TABLE OF CONTENTS ABSTRACT………………………………………………………………………………….ii TABLE OF CONTENTS…………………………………………………………………….v LIST OF TABLES………………………………………………………………………….vii CHAPTER ONE: INTRODUCTION AND OVERVIEW……………………………….….1 Research Questions…………………………………………………………………...3 Sociological Significance………………………………………………………….….4 CHAPTER TWO: THEORETICAL FRAMEWORK……………………………………….6 The Court Systems……………………………………………………………………9 Kentucky……………………………………………………………………………...9 Colorado……………………………………………………………………………..11 Why Study This Particular Court Level? ...................................................................13 CHAPTER THREE: LITERATURE REVIEW…………………………………………….15 By Specific Court……………………………………………………………………19 By Specific Characteristics…………………………………………………………..27 Age…………………………………………………………………………..28 Ethnicity……………………………………………………………………..28 Religion……………………………………………………………………...29 Prestige of Education………………………………………………………..31 Prior Legal Experience………………………………………………………33 Localism……………………………………………………………………..37 Family Background…………………………………………………………39 Missouri Plan vs Elected……………………………………………………………41 Mid-Term Appointees vs Elected in “Elected States”………………………………45 Overall Implications…………………………………………………………………48 CHAPTER FOUR: METHODOLOGY…………………………………………………….52 Participants and Data Collection…………………………………………………….52 Survey Questions……………………………………………………………………53 Data Analysis………………………………………………………………………..59 Summary…………………………………………………………………………….63 v CHAPTER FIVE: RESULTS……………………………………………………….64 Descriptive Statistics………………………………………………………...64 Characteristics of Colorado Judges……………………………….…69 Characteristics of All Kentucky Judges……………………………..74 Inferential Statistics…………………………………………………………77 CHAPTER SIX: SUMMARY OF FINDINGS………………….…………….……87 Theoretical Framework………………………………………………………93 Limitations and Strengths……………………………………………………97 Future Research………………………………………………….…………..98 REFERENCES…………………………………..………………………………….100 APPENDIX A1: Kentucky District Court Judicial Survey…………………………105 APPENDIX A2: Colorado County Court Judicial Survey………………………….111 APPENDIX B1: Initial Letter to Kentucky Judges…………………………………117 APPENDIX B2: Initial Letter to Colorado Judges……………………….…………118 APPENDIX C: Adult Consent Form for Research………………….………………119 APPENDIX D: Survey Completion Card…………………………………………...120 APPENDIX E1: Follow-up Letter to Kentucky Judges…………………….……….121 APPENDIX E2: Follow-up Letter to Colorado Judges……………………….……..122 APPENDIX F: Comparing Kentucky Elected Judges to Kentucky Appointed Judges…………………………………………………………………123 Characteristics of Kentucky Elected Judges…………………………………124 Characteristics of Kentucky Appointed Judges……………………………...127 vi LIST OF TABLES TABLE 1: Colorado vs Kentucky Significance Results………………………………………65 TABLE 2A: Parameter Estimates for Localism……………………………………………….82 TABLE 2B: Parameter Estimates for Political Party………………………………………….82 TABLE 2C: Parameter Estimates for Demographics………………………………………….82 TABLE 2D: Parameter Estimates for Family Background and Religion……………………...82 TABLE 2E: Parameter Estimates for Top Four………………………………………………..82 TABLE 2F: Parameter Estimates for Legal Experience……………………………………….83 TABLE 2G: Parameter Estimates for Prior Office and Occupation Prior to Law School…….83 TABLE 2H: Parameter Estimates for All………………………………………………………84 TABLE 3: Kentucky Elected vs Kentucky Appointed Significance Results…………...…….132 vii CHAPTER ONE INTRODUCTION AND OVERVIEW In a complex democratic society such as ours, those who wield judicial power and authority greatly impact the lives of its citizens. Judges must interpret and apply both law and facts in reaching their decisions in legal matters. These ultimate decisions are obviously tantamount to the intended function of the position. Hence, the main focus of research in the judicial area concerns the bottom line of the office—“What does the judge decide?” This is important in establishing precedent to which future judicial holdings must abide. However, a grossly understudied aspect of our judiciary which may carry important ramifications for society remains mostly unexplored, especially for those judges who serve at the trial court levels of the system. This aspect involves questions regarding the social characteristics, backgrounds, and previous experiences of our trial judges and has remained mostly unaddressed. Moreover, the answers to these questions may reflect not only possible requisite intrinsic as well as extrinsic qualifications to obtain and hold on to a judicial position, but also tap into whether democratic representative principles are applied. The roles of many sociological and demographic factors may come into play. Additionally, the type of judicial attainment system employed by a particular jurisdiction may also play a part in what social characteristics are found requisite to become a trial judge in a specific locale. Finally, the question of whether the theoretical underpinnings of sociologist Max Weber are at work is also at issue. Weber argued that a judiciary composed of independent actors who are not influenced by societal influences and who base their judicial decisions on previously determined legal precedent is necessary to allow a capitalistic system to successfully function (Ross and Wittich, 1968). Moreover, Weber argued that three types of legitimate authority 1 could exist in society: traditional, charismatic, and rational-legal. While this study is not concerned with charismatic authority, the other two types of authority are at issue. Traditional authority holds that the law is administered by a generally ascriptive model based on principles such as family background, religion, and wealth. Rational-legal authority, on the other hand, is centered on the law being administered by a
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