Selection Method and Judicial Background Characteristics

This study explores social background characteristics of the judges serving in the lower trial courts of two states which utilize different methods to choose judges and which, if any, of Max Weber's types of legitimate authority is more supported by a specific method. Colorado ascribes to the "Missouri Plan" in which the governor initially appoints the judge who must then eventually face a retention election (keep the judge or remove them). Kentucky formally uses a contested non-partisan election system wherein the judge must also run against an opponent for re-election. However, about 45 percent of these Kentucky jurists are in fact initially appointed by the governor due to politically timed retirements and resignations. While almost all prior research on such characteristics has addressed United States Supreme Court Justices, United States Circuit Court of Appeals judges, and various state supreme court judges, this study is the first to specifically address state lower trial court judges or to consider Weber's typologies. More specifically, mail surveys were sent to all justices serving on the Kentucky District Courts as well as all those serving on the Colorado County Courts inquiring about 35 variables in eight major categories: localism, political party, demographics, religious affiliation, family background, income upon attaining the bench, prior legal experience, and occupational background. The Kentucky judges were also asked how they initially attained their position. Results are grouped into three findings.;First, cumulative results are presented for all of the Kentucky District Court judges and then for the Colorado County Court jurists. Second, the Kentucky judges are separated into two groups dependent upon whether they initially came to the bench via election or appointment. However, no statistically significant difference was found between these two groups on any variable. Third, the Colorado judges are compared and contrasted with all of the Kentucky judges, regardless of how the latter initially attained their position. Chi square and logistic regression analyses indicate that the Kentucky jurists have stronger localism traits (number of generations living in respective county, in-state undergraduate, and in-state law school), are more likely to be affiliated with the Democratic Party, to be white and not Spanish/Hispanic/Latino, to have a religious affiliation (Baptist), to have previously practiced law in a partnership, to have had one or more grandparents who held public office, and to have a relative who has been a judge. Further, the Kentucky judges were found to have lived in their respective county and state about ten years longer, although the Colorado judges were found to be about four years older and initially attained their judgeship at a later age.;Finally, predicated upon these findings, Max Weber's three types of legitimate authority (traditional, charismatic, and rational-legal) are explored as they relate to each method. The traditional framework of authority based upon family background and local ties is more supported in the Kentucky model while his rational-legal authority dependent upon merit is more supported by the Missouri Plan model used in Colorado.