Measuring Judicial Diversity over Time in the States

• In Event: Taking the Measure of Judicial Institutions

Abstract

State courts are important policy makers in the judicial system in the US. They hear and decide far more cases than the federal courts, and many of the issues with which they contend are as important as those heard in the federal courts. Analogously, the issue of judicial selection is one which has gained much recent attention among scholars, and for good reason. First, the variance and leverage provided by the numerous selection methods in the states enables scholars to understand differences in how judges attain their seats. As well, judges who attain those positions via disparate selection methods demonstrate different behavior on the bench. The effect that selection systems may have on levels of judicial diversity in the states also is an important element of both state politics and judicial politics. In this paper we explore several issues relating to the differential ability of various political minorities to reach state appellate courts. While selection methods may serve as one influence on ensuing rates of diversity, we expect a multitude of other factors to shape rates of judicial diversity over time.

Authors

• Mark S. Hurwitz, Western Michigan University

• Drew N. Lanier, University of Central Florida