ABSTRACT

This chapter examines the judicial selection processes employed at both the federal and state levels. It discusses the competing values of judicial independence and judicial accountability, and how the federal judicial selection process promotes judicial independence. The chapter also explores how specific presidents have differed in their approaches to selecting lower federal judicial nominees and also argues the difficulties faced by certain United States Supreme Court nominees in recent history. The Senate Judiciary Committee then holds confirmation hearings on each nominee, the timing and scheduling of which are controlled by the chair of the committee. The issue in the federal lower court appointment process involves judicial vacancies and how numerous vacancies in our courts can hamper the effectiveness of the judicial branch.