NCJ Number
157502
Journal
Judicature Volume: 79 Issue: 1 Dated: (July-August 1995) Pages: 6-7,46
Date Published
1995
Length
3 pages
Annotation
A system of discretionary access would allow Federal judges to reallocate some Federal cases to State court if no substantial need for a Federal forum was apparent and would have a major stabilizing effect on the Federal judiciary without significantly affecting the functioning of State courts.
Abstract
State courts now handle about 98 percent of all cases filed in the United States, so a slight shifting of cases from Federal to State courts would result in an insignificant percentage increase in State court caseloads. Whether or not any Federal cases are shifted to State court, State court filings will increase due simply to population increases. Until now, those recommending reallocation of cases from Federal to State courts usually have urged that all cases within designated categories be shifted. The category most often mentioned is diversity of citizenship cases or at least in-state plaintiff diversity cases. A system of discretionary access would provide an alternative, under which Federal judges would use discretion as to whether a particular case within Federal jurisdiction should be litigated in Federal or State courts. No single ideal way exists for structuring such a system.