Federal judges are called upon to wear many hats. At one point or another they will be arbiters, counselors, administrators and, of course, jurists. But few can claim to be scientists. And although they may be intimately familiar with the rule of law, the laws of such scientific fields as econometrics or epidemiology may be unfamiliar ground in the courtroom.

Where, then, do they find that expertise? Enter CASE, short for Court Appointed Scientific Experts, a demonstration project of the American Association for the Advancement of Science (AAAS).

Deborah Runkle, CASE project manager, sees a good fit between the needs of judges for scientific expertise and the AAAS.

"Our mission— printed on our letterhead and displayed on our building—is 'Advancing Science, Serving Society'. We look for ways we can use our knowledge and expertise to benefit society," she said.

The AAAS is the world's largest general scientific and engineering society and, through its 272 affiliates, serves 10 million scientists. It is uniquely positioned to search out the most highly qualified experts from throughout the scientific and technology communities.

In 1989, the Carnegie Commission on Science, Technology, and Government established a Task Force on Science and Technology in Judicial Decision Making to examine the ways in which the judicial branch incorporates scientific and technical knowledge in its decisions and to suggest improvements. This Task Force, in turn, asked AAAS to advise on ways in which scientific and technical societies could assist the court in obtaining reliable scientific information. AAAS recommended the formation of CASE, and Judge Pamela Ann Rymer (9th Cir.), who served on the Carnegie Commission Task Force, now chairs the Advisory Committee to the AAAS' CASE project.

"The AAAS project fills a need for some single place to identify potential experts," said Rymer. "CASE identifies individuals who might serve as court-appointed experts or technical advisors to district judges in actions raising complex scientific or technological issues."

"We're supplied computer scientists, environmental scientists, rheumatologists, obstetricians and even an econometrician," said Runkle. "Quite a few engineers are requested, including mechanical, structural, electrical and optical engineers. And they're requested for all types of cases—intellectual property, breach of contract, construction suits, even a product liability case, where an epidemiologist was needed." 

For example, in a breach of contract case, the expertise of an optical engineer was required to determine if the president of a medical imaging technology company had taken trade secrets with him when he started a new company. In another case, a computer expert was brought in to help in a discovery ruling:  before discovery could go forward, an expert had to determine if it was possible to run a program on a litigant's computer without damaging the system. The econometrician—someone who develops economic models—was requested in an anti-trust case.

Project staff use several methods to identify suitable experts, including requesting help from professional societies and scientific institutions. The AAAS also has drafted a handbook for judges, with guidance on managing a case with a court-appointed expert.

"We'll send three or four names for every request," said Runkle—but not before conducting an extensive screening for any conflicts or biases. The final decision on appointment is, of course, the judge's.

Experts may assist at Daubert hearings, testify, write reports, and can be deposed. Although CASE services are free, experts are paid for their participation in a case, and typically this fee is worked out between the judge and the scientist. Courts have the authority to charge the parties in a case.

According to a survey conducted by the Federal Judicial Center, judges primarily use experts "to advance the court's understanding of the merits of the litigation and to enhance the court's ability to reach a reasoned decision on the merits;" a smaller group, the survey found, uses experts primarily to enhance settlements.