The Impact of Gender Bias on Judging: Survey of Attitudes Toward Women Judges

Publication year1993
Pages257
CitationVol. 22 No. 2 Pg. 257
22 Colo.Law. 257
Colorado Lawyer
1993.

1993, February, Pg. 257. The Impact of Gender Bias on Judging: Survey of Attitudes Toward Women Judges




257


Vol. 22, No. 2, Pg. 257

The Impact of Gender Bias on Judging: Survey of Attitudes Toward Women Judges

by Joyce S. Sterling

When the Supreme Court's Task Force Report was released,(fn1) one aspect of that study focused on evidence of gender bias experiences by women judges. From questionnaires sent to all 268 state trial court judges and referees, the 1990 Report found evidence that female judges experienced hostility and lack of respect from counsel, as well as from their judicial colleagues. From the qualitative comments on the surveys, the Report stated, "attorneys tend to argue with women judges more often, scrutinize them more closely, and criticize them more frequently." One male judge wrote that he had heard women judges called derogatory names behind their backs.(fn2) The Report concluded as part of its findings: women judges were treated with less respect than men judges by attorneys.(fn3)

The present article follows up on those initial findings about the existence of gender bias in attorney perceptions of judges. This author was able to examine attorney perceptions of judges' ability and demeanor by using the 1992 data set collected for the Colorado Judicial Performance Evaluation Commissions and used for the 1992 retention election.(fn4) Responses were received from 10,857 attorneys in the state of Colorado who were selected as part of a sample to evaluate judges before whom they had appeared during the previous eighteen months.(fn5) The present data set allows a comparison of lawyers' perceptions of male and female judges. The population of trial court judges evaluated in the study was 210.(fn6) Women judges compose 13.3 percent (28) of the trial court judges included in the present analysis.

The questionnaires asked attorneys to rate the judges on a number of attributes, including items measuring legal ability, integrity, preparation and control over judicial proceedings, docket management, punctuality, sentencing, and overall judicial performance. In addition, demographic data were collected about the attorneys who responded to the survey. The analysis was conducted by collapsing responses of the attorneys for men and women judges as two distinct categories.

Do the data reveal any overall patterns of gender bias in attorney perceptions...

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