NCJ Number
93541
Date Published
1983
Length
583 pages
Annotation
This testimony addresses Senate bill 645, the Court Improvements Act of 1983, which mandates the creation of an Intercircuit Tribunal to relieve the burden on the U.S. Supreme Court.
Abstract
S. 645 consists of a package of six reform measures designed to improve judicial administration in the Federal courts. The most significant of the reforms is the creation of an Intercircuit Tribunal to exercise jurisdiction over cases referred to it by the Supreme Court. The Tribunal would exist for an experimental 5-year period and be comprised of 26 sitting circuit court judges. Title I of the bill is intended to ease the Supreme Court's congested docket by eliminating mandatory review by the Supreme Court of certain cases. Title II will repeal various Federal statutory provisions which require appellate courts to expedite appeals in certain cases. This measure will provide that each Federal court can determine the order in which it hears and decides cases, except that the court shall expedite habeas corpus, civil rights, temporary of preliminary injunctive relief actions, and freedom-of-information actions. Title III will improve the existing annuities programs for survivors of Federal judges. Also included is provision for the creation of a private, nonprofit corporation to further the development and adoption of improvements in the administration of justice in State and local courts. Title V would establish a 14-member Federal court study commission to study the jurisdiction of Federal and State courts, develop a long-range plan for the future of the judiciary, assess current problems facing the judiciary, and report such findings to the President and the Congress. Testimony is presented from a representative of the Justice Department, Federal judges, and members of the bar. Testimony generally supports the thrust of the legislation, and suggestions for revision are offered. Appended are public comments of U.S. Supreme Court Justices on court overload.