NCJ Number
59908
Journal
State Court Journal Volume: 3 Issue: 1 Dated: (WINTER 1979) Pages: 8-15,42-43
Date Published
1979
Length
10 pages
Annotation
THIS MODEL JUDICIAL ARTICLE PREPARED BY THE AMERICAN BAR ASSOCIATION (ABA) PROPOSES CONSTITUTIONAL LANGUAGE TO BE INCLUDED IN A STATE CONSTITUTION AS A BASIS FOR A COMPETENT AND EFFICIENT JUDICIAL SYSTEM.
Abstract
THE ARTICLE SUPERSEDES THE ABA'S 1962 ARTICLE AND IS BASED ON ABA STANDARDS OF JUDICIAL ADMINISTRATION PUBLISHED BETWEEN 1974 AND 1978. THE MODEL ARTICLE PROVIDES RECOMMENDED LANGUAGE AND IDENTIFIES ITEMS THAT SHOULD BE INCLUDED IN A CONSTITUTION IN ORDER TO PROTECT THEM FROM FREQUENT LEGISLATIVE CHANGES. TOPICS INCLUDED ARE JUDICIAL POWER, SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, SELECTION OF JUDGES, JUDICIAL MISCONDUCT AND DISABILITY, JUDICIAL ADMINISTRATION, RULES OF PROCEDURE, AND JUDICIAL COMPENSATION AND SERVICE. CHANGES FROM THE 1962 ARTICLE INCLUDE (1) PROVIDING FOR A ONE-TIER TRIAL COURT WITH A SINGLE CLASS OF JUDGES; (2) PROVIDING FOR JUDICIAL OFFICERS WHO ARE LAWYERS FUNCTIONING UNDER JUDGES' SUPERVISION; (3) REQUIRING AT LEAST TWO JUDGES IN EACH DISTRICT; (4) REQUIRING THAT THE NUMBER OF TRIAL COURT JUDGES BE FIXED BY THE LEGISLATURE; (5) AN EXPANDED SECTION ON ADMINISTRATION, REQUIRING MERIT SELECTION OF COURT PERSONNEL; (6) PERMITTING A JUDGE TO SERVE AS A STATE COURT ADMINISTRATOR OR OTHER OFFICER IN THE JUDICIAL SYSTEM; AND (7) STRICTER PROVISIONS FOR SELECTION AND DISCIPLINE OF JUDGES. EACH OF THE NINE SECTIONS OF THE MODEL ARTICLE IS ACCOMPANIED BY A COMMENT EXPLAINING ITS PURPOSES AND BY DRAFTSMAN'S NOTES PRESENTING ALTERNATIVE PROVISIONS AND REFERENCES TO THE RELEVANT ABA STANDARDS. (CFW)