Group Processes in the United States

Methods of decision making used by multi-judge appellate courts. Unlike trial courts, appeals courts act in groups. This influences not only the decision, but the way in which those decisions are made. Intermediate appeals courts typically act in groups or panels of three, while courts of last resort usually sit en banc. That means the entire membership of a particular court participates, commonly seven or nine. The principal device of group decision making is the conference. It is here that a court seeks consensus in an effort to enhance the prospects of full compliance. The judges discuss the cases and the arguments submitted on behalf of both parties. In appeals courts with discretionary jurisdiction, the conference is also the place where decisions about which cases to review are made. The judges also hear oral arguments as a group and interact with one another on a regular basis with respect to the content of the opinions that accompany decisions. It is through these various interactions that judges attempt to convince their colleagues to join them, especially in cases where major policy issues are under review, such as abortion regulation or the Exclusionary Rule (Apellate Judicial Process).

See Also

Conference (Apellate Judicial Process).

Analysis and Relevance

Group processes are one of the key influences on appellate court decision making. While these processes are not as determining as personal value orientations, the group processes create opportunities for judicial interaction. Judges have a dual interest in pursuing policy priorities and achieving consensus, and group processes facilitate the negotiation and compromise needed to reach those ends. Between the time a case is accepted for review and the time a decision is announced, several months will pass and a number of interactions will occur. Several will occur at formal conferences, where each judge or justice will offer his or her views and ultimately cast a vote. Draft opinions representing both the tentative majority statement and individual views will be circulated and memos exchanged. Over the course of these interactions, positions may alter the initial voting alignment. The impact of group processes varies by court, but these processes always tend to create issue dynamics that impact on appellate court decision making.

Notes and References

1. Definition of Group Processes from the American Law Dictionary, 1991, California