Let Me Be the Judge: Ideology, Identity, and Judicial Selection

Abstract

A substantial body of research has found biased recruitment in a variety of societal spheres. We study selection in the judiciary, a domain that has received less attention than the economic and political spheres. Our field experiment took place in the midst of a Swedish government campaign encouraging ordinary citizens to contact local parties, which are responsible for recruiting lay judges (jurors) and put themselves forward as lay judge candidates. Parties’ responsiveness to citizen requests does not seem to favor their own sympathizers, does not vary at all with signals of gender, and is only marginally affected by ethnicity and age. Given the potential importance of ideology and identity in judicial decision-making, the finding that there is little bias with respect to these factors at this first stage of the recruitment process is reassuring from the perspective of impartiality.