NCJ Number
57257
Date Published
1976
Length
75 pages
Annotation
THIS SUMMARY REPRESENTS AN EFFORT BY THE CALIFORNIA ADMINISTRATIVE OFFICE OF THE COURTS TO UPDATE AND SUPPLEMENT DATA ON STATE TRIAL ORGANIZATION ORIGINALLY COMPILED IN 1971.
Abstract
THE PREVIOUS DATA WERE BASED ON INFORMATION FURNISHED BY OTHER STATES IN CONNECTION WITH TWO RESEARCH PROJECTS UNDERTAKEN IN 1970 AND 1971 BY THE CALIFORNIA JUDICIAL COUNCIL: THE CALIFORNIA LOWER COURT STUDY AND THE UNIFIED TRIAL COURT FEASIBILITY STUDY. THE PRIMARY BASIS FOR THE CLASSIFICATIONS MADE IN THIS SUMMARY ARE BASED ON FOUR FACTORS: (1) UNIFORMITY OF JURISDICTION OF EACH COURT IN ALL GEOGRAPHIC DISTRICTS OF THE SAME COURT: (2) A SINGLE ADMINISTRATIVE HEAD AND ORGANIZATION FOR THE ENTIRE SYSTEM; (3) FREEDOM OF ASSIGNMENT OF JUDGES AT EACH LEVEL; AND (4) A SINGLE SET OF RULES GOVERNING PRACTICE AND PROCEDURE. THE SUMMARY IS COMPOSED OF TWO MAJOR PARTS. THE FIRST CONTAINS AN OVERVIEW OF THE EXTENT OF UNIFICATION IN STATES WITH COMPLETELY OR PARTIALLY UNIFIED SYSTEMS. THIS, IN TURN, IS SEPARATED INTO THREE SECTIONS BASED ON THE LEVEL OF SYSTEMS (SINGLE-TRIAL COURTS, TWO-LEVEL SYSTEMS, AND THREE-LEVEL SYSTEMS). THE SECOND MAJOR SECTION 2 CONTAINS A DESCRIPTION OF STATES WITH MINIMALLY UNIFIED SYSTEMS. EACH STATE AND THE DISTRICT OF COLUMBIA IS DESCRIBED, WHEN POSSIBLE, WITH ATTENTION TO THE FOLLOWING FACTORS: EXTENT OF UNIFICATION, ORGANIZATION OF COMPONENT COURTS, METHODS OF SELECTION OF SUBORDINATE JUDICIAL OFFICERS, SUBJECT MATTER JURISDICTION OF LOWER LEVEL COURTS OF JUDICIAL OFFICERS, METHOD OF FINANCING, METHOD OF HANDLING APPEALS, AND SPECIAL FEATURES. (PRG)