NCJ Number
14131
Journal
UCLA Law Review Volume: 21 Issue: 4 Dated: (APRIL 1974) Pages: 1081-1135
Date Published
1974
Length
55 pages
Annotation
REVIEW OF PROPOSALS OF CONSOLIDATE INFERIOR COURTS WITHIN EACH COUNTY AND TO CONSOLIDATE INFERIOR AND SUPERIOR COURTS WITHIN COUNTIES INTO A SINGLE LEVEL TRIAL COURT.
Abstract
AFTER DISCUSSING THE PROBLEMS CREATED BY THE PRESENT TRIAL COURT SYSTEM THIS COMMENT RECOMMENDS THE CONSOLIDATION OF INFERIOR COURTS INTO A SINGLE INFERIOR 'COUNTY COURT' AS A MINIMAL STEP TOWARD IMPROVING CALIFORNIA'S TRIAL COURT SYSTEM. HOWEVER, THIS COMMENT HAS FOUND THAT A SINGLE-LEVEL TRIAL COURT IS THE MOST DESIRABLE FORM OF TRIAL COURT FOR CALIFORNIA. IF PROPERLY IMPLEMENTED, IT WILL ALLOW THE TRIAL COURTS TO PROVIDE A HIGH QUALITY OF JUSTICE FOR ALL LITIGANTS AND, AT THE SAME TIME, ALLOW THE COURTS TO OPERATE MORE EFFICIENTLY. THE MAJOR OBSTACLE TO THE FEASIBILITY OF A SINGLE-LEVEL TRIAL COURT IS THE JUDICIAL STAFFING ISSUE. THERE IS CONSIDERABLE CONTROVERSY ABOUT WHETHER MUNICIPAL COURT JUDGES ARE QUALIFIED TO SERVE ON THE SUPERIOR COURT BENCH, WHETHER INFERIOR COURTS ARE NEEDED AS A 'TRAINING GROUND' FOR FUTURE SUPERIOR COURT JUDGES, WHETHER A SINGLE-LEVEL TRIAL COURT WILL BE ABLE TO RECRUIT THE SAME HIGH-QUALITY JUDGES WHO CURRENTLY SIT ON CALIFORNIA SUPERIOR COURTS, AND WHETHER PRESENT SUPERIOR COURT JUDGES SHOULD BE EXPOSED TO THE POSSIBILITY OF HANDLING CASES PRESENTLY HEARD IN THE INFERIOR COURTS. IN THE MORE ISOLATED AREAS OF THE STATE, THERE IS ALSO A MAJOR CONCERN AS TO HOW TO MAKE A SINGLE-LEVEL TRIAL COURT REASONABLE ACCESSIBLE TO THE PEOPLE WHILE MAINTAINING THE REQUIREMENT THAT ALL JUDGES BE ATTORNEYS. (AUTHOR ABSTRACT)