NCJ Number
54307
Date Published
1978
Length
277 pages
Annotation
A STATE-BY-STATE ANALYSIS OF JUDICIAL RULEMAKING PRACTICES IS PRESENTED.
Abstract
A SURVEY OF STATE SUPREME COURTS SOUGHT INFORMATION ON THE RULEMAKING PROCESS, THE EXISTENCE AND UTILITY OF RULES DESIGNED TO REDUCE COURT CONGESTION, AND THE POLITICS OF RULEMAKING. DEVELOPMENTS REVEALED IN THE SURVEY WERE EXPLORED IN A WORKSHOP ATTENDED BY STATE SUPREME COURT CHIEF JUSTICES. INFORMATION OBTAINED THROUGH THE SURVEY AND THE WORKSHOP IS SUMMARIZED ON A STATE-BY-STATE BASIS. EACH STATE ENTRY INCLUDES INFORMATION ON THE FOLLOWING: THE LOCUS OF RULEMAKING AUTHORITY; THE RULEMAKING PROCESS (INCLUDING GROUPS THAT ASSIST THE PRIMARY RULEMAKING BODY IN DEVELOPING AND IMPLEMENTING RULES, AS WELL AS PROCEDURAL DEVICES USED IN RULEMAKING); NOTICE AND DISTRIBUTION OF RULES; RULEMAKING CHALLENGES (EFFORTS BY STATE LEGISLATURES OR SPECIAL INTEREST GROUPS TO OVERRIDE OR OPPOSE JUDICIAL RULES OR RULEMAKING AUTHORITY); AND USES OF THE RULEMAKING POWER. AN APPENDED CHART SUMMARIZES RULEMAKING ACTIVITY IN THE FOLLOWING AREAS: CIVIL, JUVENILE, APPELLATE, AND CRIMINAL PROCEDURE; ADMISSION TO THE BAR; ATTORNEY AND JUDICIAL DISCIPLINE, JUDICIAL CODES OF ETHICS; PROFESSIONAL CORPORATIONS; CLIENT SECURITY FUNDS; ATTORNEY FEES; RULES OF EVIDENCE; PATTERN JURY INSTRUCTIONS; STATUTES OF LIMITATIONS; SUPERINTENDENCE OF GENERAL TRIAL COURTS, LIMITED COURTS, AND SUPPORT PERSONNEL; ASSIGNMENT OF JUDGES; CREATION OF JUDGESHIPS; COURT BOUNDARIES; COURT FINANCING AND COSTS; SUPREME COURT PRACTICES; COURTROOM FACILITIES AND SECURITY; LICENSING; AND TRAFFIC. A BIBLIOGRAPHY AND A COPY OF THE SURVEY INSTRUMENT ARE PROVIDED. SEE NCJ-54306 FOR AN ANALYSIS OF JUDICIAL RULEMAKING TRENDS. (LKM)