NCJ Number
18152
Journal
Marquette Law Review Volume: 58 Issue: 1 Dated: (1975) Pages: 133-157
Date Published
1975
Length
25 pages
Annotation
EXAMINES COURT DECISIONS DEFINING THE NATURE AND EXTENT OF THE 'INHERENT POWER' OF COURTS TO EFFECT CHANGE IN JUDICIAL ADMINISTRATION AND CONCLUDES THAT THE WISCONSIN SUPREME COURT HAS CONSIDERABLE POWER FOR JUDICIAL REFORM.
Abstract
COURT CASES RELATING TO THE SCOPE OF THE JUDICIAL BRANCH IN EXERCISING POWER OVER COURT PERSONNEL AND COURT FACILITIES, NECESSITIES AND EXPENSES ARE REVIEWED. IT IS CONCLUDED THAT THE LIMITS OF THE INHERENT POWER OF THE JUDICIAL BRANCH TO MAKE CHANGES IN THE INTEREST OF GREATER JUDICIAL EFFECTIVENESS ARE VAGUELY DRAWN AND ENCOURAGES A BROADENING USE OF SUCH POWER TO DETERMINE WHERE LIMITS MAY BE DRAWN IN CASES WHERE THE EXERCISE OF SUCH POWER MAY BE CHALLENGED. IT IS RECOMMENDED THAT THE SELECTED PROBLEMS PRESENTED BY PROPOSALS OF THE CHIEF JUDGE STUDY COMMITTEE OF THE STATE HAVING TO DO WITH THE CREATION OF ADMINISTRATIVE DISTRICTS, THE CHIEF JUDGE POSITION AND HIS POWERS, AND CONTROL OVER MUNICIPAL JUDGES BE RESOLVED AND REFORM IMPLEMENTED BY ACTION OF THE STATE SUPREME COURT UNDER ITS RIGHT OF INHERENT POWER.