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Mcosca ~ Conft 2013-2014 Policy Paper Four Essential Elements Required to Deliver Justice in Limited Jurisdiction Courts in the 21st Century mcoscA ~ Conft-. n.: ncc ofSia iC Court r\dministrawrs Conference of State Court Administrators Author Arthur W. Pepin, Director New Mexico Administrative Office of the Courts A special thanks to Steve Canterbury, Administrative Director of the Courts, West Virginia, for editing the paper. COSCA Policy and Liaison Committee Arthur W. Pepin, Chair Ms. Beth McLaughlin Director, New Mexico Administrative State Court Administrator, Montana Office of the Courts Jody Patel Gregory Linhares, Vice Chair Chief of Staff, Judicial Council of California State Court Administrator, Missouri John W. Smith Rosalyn Frierson Director, Administrative Office of the Director, Court Administration, South Courts, North Carolina Carolina Anne B. Wicks Elisabeth H. Goodner Executive Officer, District of Columbia State Court Administrator, Florida COSCA Policy and Liaison Committee Staff Pamela Harris State Court Administrator, Maryland Richard Y. Schauffler National Center for State Courts Lilia G. Judson Executive Director, Indiana Division of Shannon E. Roth Court Administration National Center for State Courts Table of Contents Introduction ............................................................................................................................................ 1 I. A Brief History of Limited Jurisdiction Courts .................................................................................. 1 A. King's Justice and the Rise of Limited Jurisdiction Courts ........................................................... 1 B. In the United States- the People's Court ...................................................................................... 1 II. The Current State of Limited Jurisdiction Courts in the States ......................................................... 2 A. Types, Number, and Locations of Limited Jurisdiction Courts ..................................................... 2 B. Efforts to Change Limited Jurisdiction Courts .............................................................................. 3 III. Four Elements Required to Foster Independent, Fair, Impartial, and Just Limited Jurisdiction Courts ............................................................................................................................................... 4 A. A Qualified Judge .......................................................................................................................... 4 B. Dispositions on the Record and Reviewable .................................................................................. 7 C. Foster Judicial Independence through the Processes for Appointment or Election of Limited Jurisdiction Judges and Court Funding ........................................................................................ 10 D. Professional Court Governance ................................................................................................... 13 IV. The Way Forward .......................................................................................................................... 15 Four Essential Elements Required to Deliver Justice in Limited Jurisdiction Courts in the 21 51 Centwy Introduction Most states have one or more levels of limited A. King's Justice and the Rise of Limited jurisdiction courts that adjudicate traffic Jurisdiction Courts offenses, misdemeanor crimes, and civil cases with a limited amount in controversy. Known In the original Magna Carta in June 1215, by many titles, this paper will refer to these as King John promised "[w]e will not make men limited jurisdiction courts. 1 A state or a justices, constables, sheriffs, or bailiffs, except county may have several types of limited of such as knows the laws of the land."2 More jurisdiction courts with each organized than seven centuries later in 1976, Mr. Justice differently. This paper focuses on Stewart (in dissent) asserted this promise recommendations for the structure and remained unfulfilled in American limited administration of limited jurisdiction courts jurisdiction courts presided over by non­ that best promote fair and impartial justice, lawyers and with de novo appeals from non­ including 1) qualified judges, 2) timely record dispositions. 3 disposition of cases that are on the record, 3) judicial independence fostered by disinterested In the century following the king' s execution methods for appointment or election of judges of the Magna Carta, a tradition arose of along with funding that is adequate and dispensing justice through the justice of the independent from case outcomes, and 4) peace, a non-lawyer respected in the professional court governance. COSCA community. The Justice of the Peace Act of recognizes that numerous limited jurisdiction 1361 codified the authority of these lay courts already include these elements. Where judicial officers to resolve a broad range of they do not, COSCA encourages adoption of offenses without a jury. 4 The Justice of the the measures recommended in this paper in all Peace model worked for several centuries as limited jurisdiction courts. an accommodation in rural areas because of the need to resolve daily disputes. When the Part I. A Brief History of Limited United States adopted the common law Jurisdiction Courts system, the concept of the non-lawyer judge presiding over misdemeanor and small claims Limited jurisdiction courts in the United States cases took root. By 1915 the constitutions of grew out of the development of Justices of the 4 7 states included Justice of the Peace courts. 5 Peace over several centuries in England. The pattern of western settlement strongly B. In the United States- the People's Court influenced the way limited jurisdiction courts operate in America. A brief review of this The concept of a non-lawyer Justice of the history can provide a context appropriate to Peace to resolve community disputes consideration of how these courts should be flourished in colonial America and spread structured in the 21st century. westward with the expansion of the United 1 Four Essential Elements Required to Deliver Justice in Limited Jurisdiction Courts in the 21st Century States. "[A] short supply of legally-trained misdemeanors, limited jurisdiction courts individuals necessitated courts headed by usually have jurisdiction over civil cases up to laymen, many of whom were paid from the a defined dollar amount in controversy. Small fees they collected" and the community claims limits vary widely with upper limits expected these courts to "dispense with ranging from $2500 to $15,000, while the technical forms and pleadings, and require upper limits on civil cases in limited cases to be disposed of with as little delay as jurisdiction courts can be as low as $3,000 or possible."6 as high as $15,000_12 Apart from the practical challenge of finding There are at least 30 different titles for courts lawyers to serve as judges in the era of of limited jurisdiction.13 Common titles westward American expansion, "using non­ include "magistrate court," "justice court," lawyer judges was more consistent with "justice of the peace," and "municipal court." democratic ideals, such as the public's belief As noted above, this paper uses limited that the law should be understandable, and jurisdiction court as a generic term for all thus applicable, by lay persons."7 Most courts with jurisdiction more limited than the Americans at the time believed a non-lawyer court of general jurisdiction. A limited Justice of the Peace would be "more likely to jurisdiction court's criminal jurisdiction may reflect the community's sense of justice."8 extend to all or a limited range of misdemeanors and usually includes some Part II. The Current State of Limited jurisdiction over civil cases up to a maximum Jurisdiction Courts in the States amount in controversy. In some states at least some of the limited jurisdiction courts are not A. Types, Number, and Locations of Limited state courts, but instead are locally funded and Jurisdiction Courts operated by a municipality or county. Four states (California, Illinois, Iowa and In some states all judges in limited jurisdiction Minnesota), as well as the District of courts are lawyers with at least a minimum Columbia and Puerto Rico, have established a number of years of legal experience and are unified trial court where the same lawyer selected by the same process as the judges in judges preside over criminal felonies and the state's general jurisdiction courts. Some misdemeanors, and where the jurisdiction of limited jurisdiction courts make a record of all civil judges is consolidated in a single trial proceedings that can be reviewed on appeal. court regardless of the amount in controversy. 9 Some limited jurisdiction courts are funded The remaining 46 states have at least one type and governed as suggested in this paper. For of limited jurisdiction court, ranging from 14 example, in Kentucky limited jurisdiction states with a single type of limited jurisdiction judges are lawyers elected in a non-partisan court to one state with eight types of such election and cases are heard on the record. 14 courts.10 Across the country, limited Maine requires limited jurisdiction judges to jurisdiction courts resolve 66 percent of all be lawyers and cases are heard on the record. 15 cases in all state courts, or about 70 million of However, there are many limited jurisdiction the 106 million cases that enter the
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