NCJ Number
96664
Journal
Baylor Law Review Volume: 36 Issue: 4 Dated: (Fall 1984) Pages: 813-853
Date Published
1984
Length
41 pages
Annotation
The Texas law permitting adjudication by privately compensated judges appears to offer substantial benefits to the litigating public and could become a widely used alternative dispute resolution mechanism which will save both time and money.
Abstract
Such a system should also reduce the pressure on the existing judicial system and should thus make the regular court system more efficient. The law permits trial by a special judge for district court civil cases if the parties agree. The procedures do not raise issues of equal protection or due process, but concern about first amendment rights makes it important to provide public access to proceedings. Before a referral to a special judge trial can occur, three conditions must be met. The case must be civil, the parties must agree, and the judge of the district court where the cause of action is filed must order the referral. The legislature needs to change the law in several areas. It should (1) not permit special judges where continuing jurisdiction is needed, (2) ensure that special judges are fully qualified, (3) require trials to be public, (4) remove the prohibition on awarding attorneys' fees to a party, and (5) use the term 'report' rather than 'verdict' to refer to the determination of the special judge. With these changes, the law will provide for an even better alternative dispute resolution system. A total of 224 footnotes, a table giving a comparative analysis of nine States' laws, and appendixes presenting forms used and proposed amendments to the law are provided.