NCJ Number
50042
Journal
American Bar Association Journal Volume: 64 Dated: (FEBRUARY 1978) Pages: 211-214
Date Published
1978
Length
4 pages
Annotation
CHANGES WHICH HAVE BEEN MADE IN THE FEDERAL COURT SYSTEM AND CHANGES WHICH NEED TO BE MADE ARE SUMMARIZED. MOST CONCERN REDUCING WORKLOADS, DEVELOPING ALTERNATIVES TO TRADITIONAL LITIGATION, AND INSERVICE TRAINING.
Abstract
INCREASED COMMUNICATION BETWEEN THE JUDICIAL CONFERENCE OF THE UNITED STATES AND THE SENATE AND HOUSE JUDICIARY COMMITTEES IS PRAISED FOR ACTION TO DATE ON ADDITIONAL JUDGESHIPS, STRUCTURAL CHANGES IN THE FEDERAL COURT SYSTEM, JURISDICTIONAL CHANGES, AND ENABLING LEGISLATION. IN MAY 1977 A TOTAL OF 113 NEW DISTRICT COURT JUDGESHIPS AND 35 COURT OF APPEALS JUDGESHIPS WERE APPROVED. THE POWER OF THE JUDICIAL MAGISTRATE WAS EXPANDED TO FREE JUDGES FROM ROUTINE HEARINGS. IT IS ASKED THAT THE U.S. SUPREME COURT BE GIVEN GREATER CONTROL OVER ITS CASELOAD BY LIMITING THE NUMBER OF CASES WHICH COME TO IT BY RIGHT RATHER THAN THROUGH CERTIORARI (APPEAL PROCESS). THIS WOULD ALLOW THE COURT TO FOCUS ON ISSUES OF BROAD NATIONAL IMPORTANCE. PASSAGE OF THE NEW FEDERAL CRIMINAL CODE IS URGED, AS IS A BILL WHICH WOULD REMOVE MANY ROUTINE CASES BASED ON DIVERSITY OF CITIZENSHIP FROM THE FEDERAL COURT SYSTEM. THESE CASES PROPERLY BELONG IN THE STATE COURTS. IT IS ALSO SUGGESTED THAT A JUDICIAL IMPACT STATEMENT ACCOMPANY ANY NEW LEGISLATION. A VETERANS' BILL WHICH WOULD HAVE REQUIRED 13 ADDITIONAL JUDGES TO ADMINISTER IT IS CITED. THE FEDERAL COURTS ARE ALSO EXPERIMENTING WITH ALTERNATIVES TO LITIGATION INCLUDING PRETRIAL ARBITRATION IN CIVIL CASES. TRAINING FOR NEW FEDERAL JUDGES AND FOR THOSE IN SERVICE HAS EXPANDED. USE OF THE SIX-PERSON JURY IN FEDERAL TRIALS IS ALSO EXPANDING. (GLR)