State Court Organization, 1998 Conference of State Court Administrators, Court Statistics Committee

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State Court Organization, 1998 Conference of State Court Administrators, Court Statistics Committee U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics State Court Organization 1998 Victim-offender relationship in violent crimes (rape/sexual assault, robbery, and assault) by sex of victim Courts and judges Judicial selection and service Judicial branch Appellate courts Trial courts The jury The sentencing context Court structure U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics State Court Organization 1998 By David B. Rottman Carol R. Flango Melissa T. Cantrell Randall Hansen Neil LaFountain A joint effort of Conference of State Court Administrators and National Center for State Courts June 2000, NCJ 178932 U.S Department of Justice Office of Justice Programs Bureau of Justice Statistics Jan M. Chaiken, Ph.D. Director, BJS This Bureau of Justice Statistics report was prepared by the National Center for State Courts under the Supervision of Steven K. Smith and Marika F.X. Litras of the Bureau of Justice Statistics. The project was supported by BJS grant number 98-BJ-CX-K002. Principle staff for the project at the National Center for State Courts were David B. Rottman, Ph.D., Carol R. Flango, Melissa T. Cantrell, Randall Hansen, and Neil LaFountain. Tom Hester and Carol DeFrances of BJS provided editorial review. Jayne Robinson administered final production. This report was made possible by the support and guidance of the Court Statistics Committee of the Conference of State Court Administrators. Please bring suggestions for information that should be included in future editions to the attention of the Director of the Court Statistics Project, National Center for State Courts, 300 Newport Avenue, Williamsburg, Virginia 23187-8798. An electronic version of this report may be found on the Internet at http://www.ojp.usdoj.gov/bjs/. ii State Court Organization, 1998 Conference of State Court Administrators, Court Statistics Committee Hugh M. Collins Chair (1982 to present) Judge Aaron Ment (1991 to present) Judicial Administrator, Louisiana Chief Court Administrator, Connecticut J. Denis Moran, Co-Chair (1983 to present) William J. O’Brien (1994 to present) Director of State Courts, Wisconsin State Court Administrator, Iowa John A. Clarke (1988 to present) John T. Olivier (1991 to present) Trial Court Administrator, Essex County, New Jersey Deputy Clerk, Supreme Court of Louisiana Howard W. Conyers (1990 to present) Howard P. Schwartz (1992 to present) Administrative Director of the Courts, Oklahoma Judicial Administrator, Kansas Marc Galanter (1986 to present) Joseph C. Steele (1999 to present) Evjue-Bascom Professor of Law, University of Wisconsin State Court Administrator, Nebraska Daniel J. Hall (1990 to present) Patricia Tobias (1999 to present) Director of Planning, Colorado Administrative Director of the Courts, Idaho Mary McQueen (1999 to present) Robert Wessels (1995 to present) State Court Administrator, Washington Court Manager, Texas National Center for State Courts Board of Directors Chief Justice E. Norman Veasey, Chair Jack. B. Middleton Supreme Court of Delaware McLane, Graf, Rauleron & Middleton, New Hampshire Howard W. Conyers, Vice-Chair Chief Judge Thelma Cummings Moore Administrative Director, Oklahoma Superior Court of Fulton County, Georgia Chief Justice Gerald W. VandeWalle, Chair-elect Presiding Judge Gayle A. Nachtigal Supreme Court of North Dakota Circuit Court of Washington County, Oregon Judge Roberto A. Arias Dwight Opperman Judge, Duval County Courthouse, Florida Key Investment, Inc., Minnesota Byron Attridge Kenneth R. Palmer King & Spalding, Georgia State Court Administrator, Florida Frank Broccolina Louise M. Parent, Exec. Vice-President & General Counsel Deputy State Court Administrator, Maryland American Express, New York Chief Justice David A. Brock, Past Chair Carroll D. Stevens Supreme Court of New Hampshire Associate Dean, Yale Law School, Connecticut Judge Kevin S. Burke Judge Sandra Ann Thompson Hennepin County District Court, Minnesota Los Angeles Municipal Court, California David K. Byers Ruth Walsh McIntyre Administrative Director, Supreme Court of Arizona Bellevue, Washington Justice William Cousins William C. Vickrey, Past Vice-Chair Illinois Appellate Court State Court Administrator, California Justice Ann K. Covington Chief Judge Annice M. Wagner Supreme Court of Missouri District of Columbia Court of Appeals Gordon M. Griller Roger K. Warren Court Administrator, Arizona President, National Center for State Courts Judge William G. Kelly Robert Wessels U.S. District Court Judge, Michigan Court Manager, Texas Court Statistics Committee iii Acknowledgments This volume like its three predecessors is a product of Staff from the Bureau of Justice Statistics, and the court community. The Conference of State Court especially Dr. Marika Litras, our project monitor, shared Administrators sponsors the State Court Organization their expertise in survey design and the display of series and makes available its Court Statistics information in print and on the Web. As a result, this Committee to guide compilation of each edition. edition is easier on the eye and easier to access than Committee members participated in selecting the were previous editions. The Bureau’s funding makes contents of the volume, designing the data collection the entire SCO enterprise possible. strategy, and volunteered their states for pilot testing of survey instruments. At meetings and through mailing The NCSC’s Information Service gave access to its the Committee provided an on-going check on the records of recent information requests and offered accuracy and usefulness of the volume’s contents. The recommendations in the search for new topics for the bulk of the volume and the detailed nature of the 1998 edition. We were also able to rely upon our contents make the Committee members’ contribution colleagues in the NCSC Research Division to identify above and beyond that which can reasonably be and frame questions to tap emerging trends within the expected, even of members of a committee devoted to state courts. Particular thanks are due Pamela Casey, court statistics. Paula Hannaford, Susan Keilitz, Brian Ostrom, Tom Munsterman, Dawn Spinozza, and Karen Way. Lin The state court administrators of the 50 states, District Walker provided the information on court automation in of Columbia, and Puerto Rico and their staff, the more Table 21 and John Rockwell the information on than 135 clerks and deputy clerks of appellate courts, cameras in the courtroom in Table 37. and staff from the Administrative Office of the United States Courts were the original source for most At various stages along the way we also were able to information included in the volume. In that capacity, draw upon the talents of other colleagues. We are administrators and clerks completed surveys, updated grateful to Karin Armstrong, Catina Burrell, Tom forms, and responded to requests for clarification and Carlson, Margaret Fonner, Lynn Grimes, Valerie elaboration by telephone, fax and e-mail over a twelve- Hansford, and Pam Petrakis. month period. The generosity of their investment of time and effort and the patience with which they Despite all of this guidance, advice, and assistance, endured what must have seemed an endless process responsibility for the accuracy of all of the contents of of clarification and verification are greatly appreciated. this volume rests with the project staff. Project Staff David B. Rottman Randall Hansen Project Director Research Assistant Melissa T. Cantrell Carol Moninger Program Specialist Research Analyst Heather Conoboy Neil LaFountain Research Assistant Research Analyst Carol R. Flango Neal Kauder Research Associate Consultant, VisualResearch iv State Court Organization, 1998 Contents Highlights ix Introduction 1 Part I. Courts and Judges 7 Table 1 Appellate Courts in the United States 9 Number of court locations that have: separate administrative rules í Chief justice/judge í Place of session 2 Number of Appellate Court Justices 13 Number of court of last resort justices (COLR): Authorized/Serving í Number of intermediate appellate court justice (IAC): Authorized/Serving 3 Trial Courts and Trial Court Judges of the United States 15 Number of Full-time Authorized Judges Part II. Judicial Selection and Service 19 Table 4 Selection of Appellate Court Judges 21 Method of selection for unexpired term í Method of selection for full term í Method of retention í Geographic basis for selection 5 Terms of Appellate Court Judges 26 Length of term í Selection of chief justice/judge í Term of office for chief justice/judge í Chief justices/ judges can they succeed themselves? 6 Qualifications to Serve as an Appellate Court Judge 30 Local residency í State residency í Minimum age í Maximum age í Legal credentials 7 Selection and Terms of Trial Court Judges 34 Method of selection to fill unexpired term í Method of selection for full term í Method of retention í Geographic basis for selection í Length of term í Method of selection for presiding judge í Term of office for presiding judge í Can presiding judges succeed themselves? í Do presiding judges have administrative authority? í What is source of presiding judge's authority? 8 Qualifications to Serve as a Trial Court Judge 50 Local residency í State residency í Minimum age í Maximum age í Law degree í Other legal qualifications 9 Judicial Nominating Commissions 57 Name of commission íOffices encompassed í Authorization í Year established í Interim í Full í Retention 10 Provisions for Mandatory Judicial Education
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