NCJ Number
135513
Journal
Nova Law Review Volume: 15 Issue: 1 Dated: (Winter 1991) Pages: 105-116
Date Published
1991
Length
12 pages
Annotation
Congress enacted the Federal Courts Study Act in 1988, and this act created a Federal Courts Study Committee (FCSC) to look into Federal court developments in the 21st century.
Abstract
Congress required the FCSC to develop a long-range plan for the future of the Federal judiciary and identified four subjects on which assessments were needed: alternative methods of dispute resolution, structure and administration of the Federal court system, methods of resolving intracircuit and intercircuit conflicts in courts of appeal, and types of disputes resolved by Federal courts. To identify specific issues, the FCSC conducted a survey of Federal judges, citizen groups, bar organizations, research and civil rights groups, professors, and others. Public hearings were held in 13 cities at which testimony was obtained from more than 250 witnesses. The FCSC grouped its recommendations according to eight areas: reallocating business between Federal and State judicial systems, creating nonjudicial alternative forums for some cases, enlarging the capacity of Federal courts, reducing the complexity and speeding the flow of litigation, mitigating appellate court overload, revising sentencing rules, improving Federal court administration, and protecting against bias in the judicial branch and its processes. The FCSC contends that the Federal judiciary should be limited to only functions required by its unique role in order to avoid the harmful effects of unchecked growth. The Federal judicial system needs and planning capability and built-in flexibility to respond to needs of the 21st century. 53 footnotes