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THIS PAPER REPORTS ON A MEETING OF THE AUSTRALIAN INSTITUTE OF POLITICAL SCIENCE WHICH MET TO DETERMINE WHO JUDGES THE JUDGES. THE NEW SOUTH WALES GOVERNMENT'S JUDICIAL OFFICERS' BILL WAS ALSO DISCUSSED. THE MOST CONTENTIOUS ELEMENT OF THE BILL WAS THE PROVISION TO MAKE JUDGES ACCOUNTABLE FOR MISCONDUCT AND INCOMPETENCE.

Explores the need for Senate oversight of presidential judicial nominations in terms of checking presidential attempts to shape constitutional interpretation, making use of historical examples. The large role that courts now play in political life, ie, in contouring constitutional meaning, was not foreseen by the Founders, nor was the president's practice of partisan nominations to press his party's ideological agenda. The contempt for other branches of government shown by the current Supreme Court is noted, along with the extraordinary manner in which George W. Bush secured his office. In this light, problems with Bush v. Gore are addressed, then briefly considered in light of the events of September 11 (2001). The issue of balancing the court is examined, stressing the presidential authority required to load the bench. Bush is seen to lack this authority, & the question arises regarding whether the Senate should allow the current constitutional revolution to continue. Balance can be achieved via (1) the ordinary political process of power shifts in political parties & (2) Senatorial attention to the life experience of nominations as well as ideology; a need for political experience on the bench is advocated. The relevance of circuit judges to the constitutional revolution is noted. J. Zendejas

It is indicated that "Her majesty's judges are by nature conservative" but also human & opinionated. Here the admin'ive powers & discretion exercised by British judges & control over them are examined. These powers operate within "fashions & trends of judicial decision" in the field of law, & some of these fashions & trends are delineated under reference to various statutes & laws, as well as individual court cases. Diff's in the interpretation of law arising out of judges' pol'al att's are noted. It is up to the courts to decide how rigorous or flexible is to be their interpretation of what the statute provides & the factors influencing this interpretation are complex. Each individual regards the state sometimes as a force for greater soc justice & sometimes as a force for oppression. In the center of this ambivalence, also looking both ways, stand Her Majesty's judges, often appearing to embody in their decisions the sorts of contradictions which each individual lives in, in terms of his pol'al & personal situations. Within the pol'al & econ system, the judiciary offers as many diff faces to the dilemma of the individual in the state as anyone in society. M. Maxfield.

POLITICAL SCIENTISTS IN THE FIELD OF JUDICIAL POLITICS DEVOTE THE LARGEST PORTION OF THEIR COLLECTIVE EFFORT TO THE EXPLANATION OF JUDICIAL BEHAVIOR. THIS ESSAY FOCUSES ON THE RELATIONSHIP BETWEEN JUDGES' GOALS AND JUDICIAL BEHAVIOR. THE FIRST SECTION SURVEYS WHAT THE EXISTING SCHOLARLY LITERATURE ON JUDICIAL BEHAVIOR REVEALS ABOUT THIS RELATIONSHIP. IN THE SECOND SECTION, THE AUTHOR OFFERS SOME THOUGHTS ABOUT DIRECTIONS FOR FUTURE RESEARCH.

Objective. This study examines the effects of race of judge on sentencing decisions. Do black judges sentence offenders more severely/leniently than white judges, & do they use similar/different criteria in their decision making? Methods. Data are derived from two sources: (1) sentencing outcomes in PA, 1991-1994, & (2) archival data on judge characteristics, such as race & time on the bench. Logit models were used to assess the effects of judges' race on the in/out or incarcerative decision, & ordinary least squares models were used to assess the effects on the length-of-term decision. Results. Results showed that black & white judges weighted case & offender information in similar ways when making punishment decisions, although black judges were more likely to sentence both black & white offenders to prison. Conclusions. The greater harshness of black judges suggests they may behave as "tokens" or that they have greater sensitivity to the costs of crime, in particular, within black communities. Although there were small race-of-judge effects, there was much similarity in sentencing practices -- suggesting that the job, more than the individual, apparently makes the "judge.". 2 Tables, 33 References. Adapted from the source document.

JUDGE FRANK JOHNSON'S ROLE IN THE REFORM OF ALABAMA'S MENTAL HEALTH AND PRISON FACILITIES SUGGESTS THAT JUDGES MAY HAVE GREATER CONTROL OVER THE AGENDAS OF POLICYMAKING THAT IS NORMALLY ASSUMED. THE JUDGE MAY BE MORE INTERESTED IN PUSHING STATE OFFICIALS IN THE RIGHT DIRECTION THAN IN SECURING FULL COMPLIANCE WITH ANY SPECIFIC SET OF ABSOLUTE STANDARDS.