NCJ Number
42381
Date Published
1977
Length
24 pages
Annotation
THIS REPORT PRESENTS PROPOSALS FOR LEGISLATION DESIGNED TO COMBAT THE RISING OVERLOAD OF CASES IN FEDERAL COURTS, NOW AND IN THE FUTURE.
Abstract
THE THREAT OF RISING WORKLOAD IN THE FEDERAL COURT SYSTEM IS EXAMINED, AND REMEDIAL MEASURES ARE DISCUSSED. LEGISLATION FOR ENLARGING THE CAPACITY OF THE FEDERAL JUDICIAL SYSTEM IS PROPOSED, AND A STRATEGY FOR REDUCING THE BURDENS ON THE SYSTEM IS DELINEATED. ADDITIONAL JUDGES SELECTED BY A MORE EFFECTIVE METHOD ARE RECOMMENDED. NON-ARTICLE III TRIBUNALS ARE PROPOSED TO SHOULDER THE GROWING BURDEN OF DEALING WITH THE MASS OF TECHNICAL OR REPETITIOUS FACTUAL ISSUES GENERATED BY FEDERAL REGULATORY AND WELFARE PROGRAMS. IN AN EFFORT TO REDUCE THE BURDEN ON THE SUPREME COURT, IT IS RECOMMENDED THAT CONGRESS ELIMINATE THOSE SECTIONS OF THE UNITED STATES CODE IMPOSING MANDATORY REVIEW JURISDICTION AND MAKE THE CERTIORARI PRACTICE APPLICABLE THROUGHOUT THE SUPREME COURT'S JURISDICTION. TO PROVIDE RELIEF TO THE LOWER FEDERAL COURTS, IT IS SUGGESTED THAT DIVERSITY JURISDICTION BE ABOLISHED AND THAT STATE PRISONERS SHOULD BE REQUIRED TO EXHAUST THEIR STATE REMEDIES BEFORE STARTING A FEDERAL SUIT TO ATTACK PRISON CONDITIONS. A PLANNING CAPABILITY FOR THE FEDERAL JUDICIAL SYSTEM IS PROPOSED. IT IS RECOMMENDED THAT THE PROPOSED ESTABLISHMENT OF A NATIONAL COURT OF APPEALS NOT BE ADOPTED, BECAUSE IT WOULD PLACE UPON THE SUPREME COURT THE ADDITIONAL BURDEN OF DECIDING WHICH CASES SHOULD BE REFERRED TO THE NATIONAL COURT OF APPEALS....RCB