The Composition of the Federal Bench: Nominating and Confirming Judges from the Private Sector

27 Pages Posted: 15 Jul 2012 Last revised: 16 Sep 2012

See all articles by Lisa M. Holmes

Lisa M. Holmes

University of Vermont - Department of Political Science

Date Written: 2012

Abstract

This statement, made by Chief Justice Rehnquist in his 2001 Year-End Report on the Federal Judiciary, expresses well the recent debate concerning the composition of the federal judiciary, and the place (or lack thereof) of those from private practice on the bench. Rehnquist would highlight his concerns over judicial compensation in particular many additional times, as would his successor. Starting with his yearly report in 2006, Chief Justice Roberts would as well emphasize concerns over judicial salaries and the difficulty of attracting and retaining talented jurists given a growing disparity between judicial compensation and private practice salaries.

Others have also noted that the composition of the judiciary is changing, with more appointments coming from within the judicial ranks and fewer from outside. Goldman, Slotnick, and Schiavoni (2011) have recently noted that the first two years of the Obama administration have continued the trend at both the circuit and district court level of an increasingly professionalized judiciary, with a greater proportion of nominees coming from within the federal judiciary than was the case in the past. In the early years of his administration, in fact, a higher proportion of President Obama’s appointees to the courts of appeals would be serving as judges at the time of appointment than was the case for any of his four predecessors (Goldman, Slotnick, and Schiavoni 2011).

Suggested Citation

Holmes, Lisa M., The Composition of the Federal Bench: Nominating and Confirming Judges from the Private Sector (2012). APSA 2012 Annual Meeting Paper, Available at SSRN: https://ssrn.com/abstract=2107437

Lisa M. Holmes (Contact Author)

University of Vermont - Department of Political Science ( email )

United States

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