Women Judges: Accession at the State Court Level
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WOMEN JUDGES: ACCESSION AT THE STATE COURT LEVEL DISSERTATION Presented in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy in the Graduate School of The Ohio State University By Margaret Susan Williams, B.A., M.A. **** The Ohio State University 2004 Dissertation Committee: Professor Lawrence Baum, Adviser Approved by Professor Gregory Caldeira ______________________________ Professor Kira Sanbonmatsu Adviser Department of Political Science Copyright by Margaret Susan Williams 2004 ABSTRACT While political science has conducted research studying judicial elections, little of this work has focused on how actors move from the pool of potential candidates to becoming a candidate for the judiciary. Like the congressional literature, a clearly defined pool of candidates can provide the researcher insight into a selection process occurring prior to the election itself. This research analyzes the process of becoming a state judge, but beyond knowing the process this research will identify the determinants of women’s representation on the judiciary. I posit three types of explanations for the statistical under-representation of women as judges and for variation in women’s representation. I use two studies to test these explanations. The first study analyzes the factors associated with the proportion of a state’s judges who are female. I find that the pool of women eligible to serve as judges and state selection systems help to explain variation across the states. The second study uses data from surveys of lawyers and judges in Texas to systematically analyze perceptions and experiences of seeking judgeships in that state, and thus to probe the alternative explanations. The survey ii analysis suggests that women’s representation on state courts can be explained by the characteristics they possess and the perceptions of the judiciary they hold. Not only do their characteristics affect their likelihood of attaining a seat on a state bench but they also affect a woman’s ambition for the judiciary. The overwhelming conclusion is that while women attain seats at the same rate as their male counterparts, all else being equal, their perceptions of the judiciary as well as the characteristics they more often possess decrease their likelihood of running for the judiciary. iii ACKNOWLEDGMENTS As I sat down to write the acknowledgments that would go into my dissertation I thought this would be a relatively easy task. However, when I began to think about all of the people who helped me get to this point I was struck by the number. I would like to begin by thanking all the political scientists who read and commented on earlier versions of this project. In particular I would like to thank Richard Fox, Craig Emmert, Drew Lanier, and Lewis Randolph for providing comments and guidance on this project. I would also like to thank the Ohio State University Department of Political Science for always giving me a place to work, no matter how many times I came back. The financial support of the department and university through PEGS grants and AGGRS grants made this project possible. I can not say enough good things about my academic career at Ohio State. The faculty has been outstanding in my intellectual development and the support they have provided made Ohio State a second home. My classmates Justin Taylor, Sean Williams, Andy Farrell, Andrew Holbrook, Ray Block, Greg Gwiasda, and Johnny Peel were essential to my success in the program, both as colleagues and as friends. In addition to iv my classmates I would like to thank the other judicial politics graduate students I’ve gotten to know while at Ohio State, particularly Eileen Braman, Kevin Eirich, Mary Outwater, Charlie Smith, and Corey Ditslear. Finally, I would like to thank all of the faculty and graduate students who attended the various research presentations I’ve given during my time at Ohio State, your comments and show of support helped a great deal. In addition to the good people I’ve met at Ohio State I had the opportunity to work with some wonderful people at Texas Tech University. I would like to thank both the Political Science Department and the Women’s Studies Department for their assistance and guidance in my research and in my teaching. Particularly I would like to thank Frank Thames, Martin Edwards, and Brandon Prins for all their support and friendship as I tried to write a dissertation away from my home institution. My research owes a particular debt to the faculty at Ohio State. Greg Caldeira always made sure I was being practical in my decisions regarding this research. Herb Weisberg provided an unlimited amount of support on the survey. Paul Beck always made sure I had the opportunity to work on my project at Ohio State. Kira Sanbonmatsu provided an enormous amount of support and advice on the project, guiding me through the process of doing research on women in politics and setting an incredible example. Finally, my advisor, Larry Baum can not be given enough credit for this project. It was his class that sparked the idea and his guidance that made the research possible. Every suggestion he gave made this project better, and his understanding and patience with my decision to finish this project away from Ohio State made a difficult task easier. I can not thank him enough for all he has done to support me. v My final thanks goes out to my family and friends for all their help and support while I continued to go to school. I want to thank my mom and brother for all their love and support, always giving me a place I could go to and relax. Jim Gorey and Shawn Ebaugh, for lending an ear when I needed to talk, deserve thanks as well. In addition to those listed above I would like to extend thanks to the women who have supported and influenced my life. My mom has shown me the strength and determination women could have. My undergraduate advisor Lauren Bowen provided support for me both as an undergraduate and as a graduate student, without whom I would not have made it through my academic career. My friends Jeannie Robinson, Heather Philpott, Riann Taylor, Mandy Shannon, and Natalie Kistner, for providing support and understanding I just couldn’t get anywhere else, also deserve recognition. Finally, this project would not have been possible without the love and support of my boyfriend Kevin Scott. Kevin has been an unlimited source of emotional support when my frustration with finishing this project made me want to quit. Kevin was especially important when I just needed to talk through an idea. I can’t thank him enough for all he has done for me. vi VITA April 7, 1977 ………………………………. Born, Akron, Ohio 1999 ……………………………………….. B.A., cum laude, Political Science, John Carroll University 2002 ……………………………………….. M.A., Political Science, The Ohio State University 1999-2002 …………………………………. Graduate Teaching and Research Associate, 2003 The Ohio State University 2002-2004 …………………………………. Visiting Instructor, Texas Tech University 2004-present ………………………………. Instructor, James Madison University FIELDS OF STUDY Major Field: Political Science vii TABLE OF CONTENTS Page Abstract …….…..………………………………………………………………………... ii Acknowledgments ……………………………………………………………………… iv Vita ……………………………………………………………………………………. vii List of Tables …………………………………………………………………………… x List of Figures …………………………………………………………………………. xii Chapters: 1. Women’s Representation on State Courts …………………….………………… 1 1.1 The Story ……………………………………………….……………….. 1 1.2 Overview ………………………………………………………………… 3 1.3 Why Representation Matters …………………………………………….. 4 1.4 Theory …………………………………………………………………… 7 1.5 Chapter Layout …………………………….…………………………… 10 2. Theoretical Explanations for Women’s Representation on the Judiciary ……… 14 2.1 Ambition Literature ……………………………………………………. 16 2.2 Women Candidates …………………………………………………….. 19 2.3 Women in the Legal Profession ………………………………………... 23 2.4 Women Judges …………………………………………………………. 24 2.5 Judicial Office ………………………………………………………….. 27 2.6 Explaining Women’s Representation ………………………………….. 29 2.7 Conclusion ……………………………………………………………... 34 viii Page 3. Formal Rules and Becoming a Judge ………………………………………….. 37 3.1 Design ………………………………………………………………….. 43 3.2 Hypotheses ……………………………………………………………... 44 3.3 Data …………………………………………………………………….. 45 3.4 Results ………………………………………………………………….. 47 3.5 Conclusion ……………………………………………………………... 57 4. Informal Requirement for the Texas Judiciary ………………………………… 69 4.1 Why study attorneys and judges ……………………………………….. 70 4.2 Why Texas ……………………………………………………………... 72 4.3 Sample ………………………………………………………………….. 77 4.4 Survey ………………………………………………………………….. 78 4.5 Response Rates ………………………………………………………… 80 4.6 Descriptive Results …………………………………………………….. 81 4.7 Multivariate Survey Analysis of Informal Requirements ……………… 86 4.8 Hypotheses for Survey Analysis ……………………………………….. 87 4.9 Results ………………………………………………………………….. 91 4.10 Implications …………………………………………………………….. 98 5. Ambition and the Judiciary …………………………………………………… 116 5.1 Factors Affecting Ambition …………………………………………... 119 5.2 Hypotheses ……………………………………………………………. 119 5.3 Data and Methods …………………………………………………….. 124 5.4 Descriptive Analysis ….………………………………………………. 125 5.5 Multivariate Analysis …………………………………………………. 128 5.6 Findings and Implications …………………………………………….. 136 6. Conclusion ……………………………………………………………………. 151 6.1 Implications …………………………………………………………… 159 6.2 Future Research ………………………………………………………. 168 Appendices Appendix A – Coding of Variables for Chapter 3 …………………………… 169 Appendix B – Survey Instruments …….……………………………………… 172 Appendix C – Coding for