NCJ Number
80494
Journal
Harvard Journal on Legislation Volume: 17 Issue: 3 Dated: (Summer 1980) Pages: 505-546
Date Published
1980
Length
42 pages
Annotation
In this Article, Professor Silberman provides a broad overview of current lay-judge statutes and procedures.
Abstract
Mounting dockets and limited resources in the regular judicial system have recently prompted a new focus on lay-judge courts in the United States. While the movement toward judicial reform in the 1960's curtailed the jurisdiction of such courts and placed them under central administrative authorities, recent efforts have been directed not toward drastic change, but rather toward such measures as lay-judge training intended to increase the effectiveness of the present system and its participants. At the same time, the Supreme Court's decision in North v. Russell upholding the constitutionality of lay-judge courts has fueled continued emphasis on due process requirements in non-attorney courts. With the assistance of a special study she conducted for the Institute of Judicial Administration and the National Center for State Courts, she outlines the strengths and shortcomings of non-attorney justice and offers recommendations and conclusions designed to help state officials drafting legislation in those states in which financial or demographic constraints necessitate the use of lay judges. (Publisher abstract)