NCJ Number
92794
Date Published
1984
Length
60 pages
Annotation
Reforms needed to make the Federal court rulemaking system more effective include greater public deliberation and participation in the development of rules, the replacement of the United States Supreme Court by the Judicial Conference as the rulemaking body, and the limitation of congressional review of proposed rules to broad principles and outlines.
Abstract
Another needed change is court restraint in initiating substantive and jurisdictional changes through rulemaking. Comparable changes are needed in local rulemaking. No local rule for an appellate court or trial court should be adopted without publishing the proposal in advance and providing for a public hearing after notice. To preserve national uniformity and to control excessive or unwise local rulemaking, no local rule, other than a rule of the Supreme Court, should be effective until it has been approved by the Standing Committee on National Rules of Court Practice and Procedure. Guidelines or their equivalent should be published before they become effective. Individual judges should try to eliminate rules and practices which diverge from those of other judges on their court. The bench, bar, and public should have access to all local rules, guidelines, and individual judge's rules. Since no pure theoretical source of rulemaking power exists, courts exercising rulemaking power should do so in general consonance with theories of legislative delegation, the basis for rulemaking power in the United States. A total of 327 footnotes are supplied.