FEDERAL JUDICIAL CENTER REPORT OF THE STUDY GROUP ON THE CASE LOAD OF THE SUPREME COURT

• NCJ Number: 12085
• Author(s): ANON
• Date Published: 1972
• Length: 75 pages
• Corporate Author: Federal Judicial Ctr
• Publication Format: Document

Annotation

FREUND COMMISSION REPORT RECOMMENDS INSTITUTION OF A NATIONAL COURT OF APPEALS WHICH WOULD SCREEN ALL PETITIONS FOR REVIEW NOW FILED IN THE SUPREME COURT.

Abstract

IN ADDITION, THE NATIONAL COURT OF APPEALS WOULD HEAR AND DECIDE ON THE MERITS MANY CASES OF CONFLICTS BETWEEN THE CIRCUITS. THIS COURT WOULD BE MADE UP OF SEVEN UNITED STATES CIRCUIT JUDGES IN ACTIVE SERVICE, APPOINTED FOR THREE YEAR STAGGERED TERMS. THE COMMISSION, WHILE RECOGNIZING THAT SERIOUS OBJECTIONS CAN BE RAISED TO THIS RECOMMENDATION, BELIEVES THAT RELIEF FOR THE PRESENT WORKLOAD OF THE SUPREME COURT IS ESSENTIAL AND THAT THIS SOLUTION IS THE LEAST PROBLEMATIC. OTHER RECOMMENDATIONS INCLUDE THE ELIMINATION BY STATUTE OF THREE-JUDGE DISTRICT COURTS AND DIRECT REVIEW OF THEIR DECISIONS IN THE SUPREME COURT, SUBSTITUTING APPEAL BY CERTIORARI IN ALL CASES, AND THE ESTABLISHMENT BY STATUTE OF A NONJUDICIAL BODY WHOSE MEMBERS WOULD INVESTIGATE AND REPORT ON COMPLAINTS OF PRISONERS. FINALLY, THE RPORT SUGGESTS THAT INCREASED STAFF SUPPORT IS ESSENTIAL.