NCJ Number
25944
Date Published
1975
Length
259 pages
Annotation
RECOMMENDATIONS SUBMITTED TO THE CONGRESS, THE EXECUTIVE, AND THE JUDICIARY, FOR CHANGES IN THE STRUCTURE AND INTERNAL PROCEDURES OF THE FEDERAL COURTS OF APPEAL SYSTEM.
Abstract
THE COMMISSION WAS CREATED BY THE CONGRESS IN OCTOBER OF 1972 IN RESPONSE TO PERCEIVED INABILITIES WITHIN MANY CIRCUITS TO ADEQUATELY PROCESS INCREASING CASELOADS, SIGNIFICANT CASELOAD IMBALANCES BETWEEN CIRCUITS, AND ADMINISTRATIVE DIFFICULTIES THOUGHT TO RESULT FROM GEOGRAPHIC AND STRUCTURAL FACTORS. HEARINGS WERE HELD FROM AUGUST TO OCTOBER, 1973 IN MAJOR CITIES ACROSS THE UNITED STATES. THE COMMISSION RECOMMENDS THAT CONGRESS ESTABLISH A NATIONAL COURT OF APPEALS, CONSISTING OF SEVEN ARTICLE III JUDGES, WHO WOULD SIT EN BANC. THIS COURT WOULD HAVE JURISDICTION TO HEAR CASES REFERRED TO IT BY THE SUPREME COURT OR TRANSFERRED TO IT FROM THE REGIONAL COURTS OF APPEALS, THE COURT OF CLAIMS, AND THE COURT OF CUSTOMS AND PATENT APPEALS. RECOMMENDATIONS ARE ALSO MADE CONCERNING EACH CIRCUITS PROCEDURAL MECHANISMS. THIS INCLUDES PROCEDURES FOR ORAL ARGUMENTS, OPINION WRITING AND PUBLICATION, AND STAFFING. IT IS SUGGESTED THAT ADDITIONAL APPELLATE JUDGESHIPS BE CREATED, AND THAT A CIRCUIT REALIGNMENT BE CONDUCTED SO THAT NO CIRCUIT WOULD HAVE MORE THAN NINE JUDGES. SUGGESTIONS ARE ALSO MADE FOR THE MANAGEMENT OF LARGE CIRCUITS AND FOR ASSURING JUDGES OF SUPERIOR QUALITY IN ADEQUATE NUMBERS. APPENDED MATERIALS INCLUDE STUDIES SUPPORTING THE NEED FOR A NATIONAL COURT, STATISTICAL DATA, AND THE VIEWS OF THE JUSTICES OF THE SUPREME COURT REGARDING THESE RECOMMENDATIONS. FOR TRANSCRIPTS OF THE COMMISSION'S HEARINGS, SEE NCJ-34351.