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APPELLATE PROCESS IN ALABAMA - REPORT

NCJ Number
39936
Author(s)
D J HALPERIN
Date Published
1976
Length
239 pages
Annotation
DESCRIPTION OF A TWO-YEAR STATISTICAL STUDY OF APPELLATE COURTS IN ALABAMA, WITH RECOMMENDATIONS FOR PROCEDURAL IMPROVEMENTS.
Abstract
THIS STUDY BY THE NATIONAL CENTER FOR STATE COURTS EMPLOYED TWO METHODS: A STATISTICAL ANALYSIS OF APPELLATE CASELOAD COMPOSITION, MODE OF DISPOSITION AND PROCESSING TIME FROM OCTOBER 1970 THROUGH SEPTEMBER 1972, AND A DESCRIPTION OF ACTUAL APPELLATE OPERATION AND PROCEDURE BASED ON OBSERVATIONS AND DISCUSSIONS WITH COURT PERSONNEL, INCLUDING SEVERAL ACTIVE APPELLATE JUDGES. THE APPELLATE SYSTEM IN ALABAMA IS COMPOSED OF THREE ESSENTIALLY CO-EQUAL COURTS, THE SUPREME COURT, THE COURT OF CRIMINAL APPEALS, AND THE COURT OF CIVIL APPEALS. THE REPORT CONCLUDES THAT WHILE THE CASELOAD IS NOT EXCESSIVE, OTHER PROBLEMS HAMPER EFFICIENCY. LOW SALARIES, UNDERUTILIZATION OF LAW CLERKS, INADEQUATE JUDICIAL FACILITIES, AND TRANSCRIPT DELAYS IN THE CLERK'S OFFICES SHOULD BE CORRECTED. THE AUTHOR ALSO RECOMMENDS CONSOLIDATION OF THE COURTS OF APPEAL AND THE FORMATION OF AN INTERMEDIATE APPELLATE LEVEL COURT WITH EXCLUSIVE INITIAL JURISDICTION OVER TRIAL COURTS....MSP