DOCSLIB.ORG

THE JUDICIARY the Judiciary

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
THE JUDICIARY the Judiciary Section III THE JUDICIARY The Judiciary THE STATE OF THE JUDICIARY BY ALAN V. SOKOLOW* HE COURTS, like all government insti­ tutions, are continually seeking to CONSTITUTIONAL AND LEGISLATIVE Tmodernise their administrative ACTIONS structures and practices in order to best The voters in Alabama, South Caro: cope with the demands of a fast and ever- lina. South Dakota, Kansas, and Wyo­ changing society. Since 1971, significant ming supported constitutional amend­ changes have taken place influencing ments to revamp their court systems. court structure and procedure as a result Alabama—The new judicial article in of the passage of either new constitutional Alabama establishes a "unified" court sys-. articles or substantive legislation in Ala­ tem consisting of a supreme court, a court bama, Georgia, Kansas, Minnesota, Soiith of criminal appyeals, a court of civil ap­ Carolina, South Dakota, Virginia, and peals, trial courts of general jurisdiction Wyoming. These actions will be high­ (circuit courts), trial courts of limited lighted. jurisdiction (district courts), probate Further, there will be a discussion of courts, and such municipal courts (the two reports issued by the National Ad­ municipalities havie the option of retain­ visory Commission on Criminal Justice ing municipal courts with the one caveat Standards and Goals, and the American that municipal judges must b(? lawyers) Bar Association's Commission on the as may be provided by law. Standards of Judicial Administration. The district court system will be estab­ The emphasis of both reports was the set­ lished by the Legislature after four years. ting of general guidelines for improving The Legislature will decide on the juris­ the functioning of the courts at all levels. diction of the district courts, the subject Also included will be a brief overview matter they will hear, and the geographic of a developing trend to remove certain location of the courts. kinds of cases from the courts so they The article seeks to assure siystemwide might be handled in other ways and by uniformity through the rules of pleading, other agencies. practice, and procedure on the basis of The final section of this survey will re­ both the rule-making power vested in the view the latest developments in respect to supreme court and the uniform jurisdic­ the establishment of offices of state court tion within the trial courts. administrator, judicial salary increases, The Chief Justice is designated as the and developments at the National Center administra:tive head of the judiciaL sys­ for State Courts and the Institute of Ju­ tem, including the power to assign judges dicial Administration. as needed. Although the supreme court' It is not the purpose of this review to be is required to make and promulgate rules exhaustive of actions being taken in the which will govern administration of all courts throughout the Nation, but rather courts, those rules cannot "abridge, en­ to highlight the more significant occur­ large or modify the substantive right of rences in the past two years. any party nor effect the jurisdiction of circuit and district courts or venue of ac­ *Mr. Sokolow is Director of the Eastern office tions therein." of the Council of State Governments. A five-merriber Judicial Compensation 115 116 THE BOOK OF THE STATES Commission will be established to recom­ sion to implement a judicial merit selec­ mend salary and expense allowances to be tion program, a niandatory retirement paid all judges of the State except those age of 70 for judges, a judicial discipline of probate and municipal courts. and removal commission, and an increase The new article also creates a Judicial in the number of supreme court justices Inquiry Commission to conduct investi­ from four to five. gations and receive or initiate complaints In respect to the selection process, the against any judge, and a Court of the Ju­ nominating commission will tender three diciary to hear complaints and decide the nominees to the Governor for each va­ case on the merits. Presently, a Judicial cancy. The person chosen must stand for Commission of Alabama exists with au­ office one year after the appointment and thority to both investigate complaints as then again upon the expiration of the well as adjudicate them. term on a nonpartisan basis. South Carolina—The new judicial ar­ Kansas—The major developments in ticle in South Carolina creates a unified Kansas related to the creation of a unified court system comprised of a supreme court system and the establishment of a court, circuit courts of general jurisdic­ judicial discipline commission. tion, and such other courts as may be In respect to the former, the court sys­ necessary. As far as the latter is concerned, tem will be composed of the supreme the establishment of such courts will be by court and several district courts, with all legislative enactment. other courts to be determined by the Leg­ To deal more effectively with the ad­ islature as the need arises. Parentheti­ ministration of the courts, the supreme cally, an additional power given to the court can utilize both its broad rule­ Legislature is the ability to increase the making authority as well as appoint a number of supreme court justices if the state court administrator. In addition, the workload should demand such an action. Legislature may establish additional cir­ The article now allows for removal or cuits and increase the number of judges retirement of- justices of the supreme in a circuit in' response to workload de­ court, after an appropriate hearing and mands. One further and significant fea­ certification by the supreme court nomi­ ture of the new judicial article is that it nating commission, by means other than does not contain provisions regarding impeachment. The grounds for removal special, minor or county courts. or retirement can now be for incapacity South Dakota—In South Dakota, sev­ or cause. eral constitutional amendments were Virginia—The 1973 Virginia- General adopted. The salient ones establish a Assembly enacted legislation which will unified court system to be financed solely significantly revamp the structure and op­ by the State. The Chief Justice is given eration of its courts. broad rule-making and administrative The number of judicial courts of record powers, including the assignment of judi­ was reduced from 40 to 30 by means ofan- cial personnel on the basis of need. stituting a 30-circuit court system. Various Not only does the article eliminate con­ courts of record were combined while current jurisdictional boundaries be­ numerous city and corporation courts tween courts but it also empowers the were eliminated. To assure better admin­ Legislature to create courts of limited istration for the new circuit court ar­ jurisdiction whenever necessary. rangement, the chief judge of each circuit Furthermore, the new article requires would be responsible for administering the Legislature to establish a judicial his division. qualifications commission to investigate There also was a streamlining of the complaints and conduct hearings in re­ district court structure—the former courts gard to the removal, retirement, disquali­ not of record were replaced by a 31-dis- fication, or censure of a justice or judge. trict court system. The key reason for this Wyoming—The judicial article sup­ change was to abolish courts of limited ported by Wyoming voters provides for jurisdiction in towns and cities and to creation of a judicial nominating commis­ eliminate the position of part-time judge. THE JUDICIARY 117 As of January I, 1974, the present court system structure and procedure, justice-of-the-peace system was replaced are: (1) judges should be selected on the by one of magistrates. Not only will the basis of merit and vacancies be filled from existing fee system be eliminated, but the lists presented by a highly qualified judi­ magistrates, who will have comparable cial nominating commission; (2) judges powers to the justices-of-the-peace, will be should be adequately compensated in salaried state employees. salaries and retirement benefits (possibly The court administrator's staff was en­ equivalent to the federal judiciary); (3) larged from three to 11 members to han­ judges should be subject to discipline or dle its broadened scope of responsibility, removal for permanent physical or men­ including the payroll for the newly cre­ tal disability as well as cause—a judicial ated court system. conduct commission should be estab­ Finally, the Chief Justice of the Su­ lished to initiate and conduct investiga­ preme Court is now designated as the tions; (4) a comprehensive continuing ju­ statutory and constitutional head of the dicial education program should be Virginia system. instituted both for new and more senior Georgm—Georgia voters ratified a con­ staff; (5) the state court system should be stitutional amendment establishing a unified—there should be a single trial seven-member Judicial Qualifications court with both criminal and civil juris­ Commission to investigate and review the dictions; (6) the state court system should removal, discipline, or involuntary retire­ be financed by the state; (7) traffic viola­ ment of justices or judges of state courts. tion cases, except serious moving viola­ O^/ier^—States taking similar actions in tions, should be made infractions subject regard to judicial discipline were Iowa, to administrative disposition rather than Minnesota, and North Carolina. In the jury trial; (8) every State should establish case of North Carolina, however,
Load more

Recommended publications
  • No Justice in Utah's Justice Courts: Constitutional Issues, Systemic Problems, and the Failure to Protect Defendants in Utah's Infamous Local Courts Samuel P
    Utah OnLaw: The Utah Law Review Online Supplement Volume 2012 Article 2 2012 No Justice in Utah's Justice Courts: Constitutional Issues, Systemic Problems, and the Failure to Protect Defendants in Utah's Infamous Local Courts Samuel P. Newton Teresa L. Welch Neal G. Hamilton Follow this and additional works at: https://dc.law.utah.edu/onlaw Part of the Courts Commons, Judges Commons, and the Jurisprudence Commons Recommended Citation Newton, Samuel P.; Welch, Teresa L.; and Hamilton, Neal G. (2012) "No Justice in Utah's Justice Courts: Constitutional Issues, Systemic Problems, and the Failure to Protect Defendants in Utah's Infamous Local Courts," Utah OnLaw: The Utah Law Review Online Supplement: Vol. 2012 , Article 2. Available at: https://dc.law.utah.edu/onlaw/vol2012/iss1/2 This Article is brought to you for free and open access by Utah Law Digital Commons. It has been accepted for inclusion in Utah OnLaw: The tU ah Law Review Online Supplement by an authorized editor of Utah Law Digital Commons. For more information, please contact [email protected]. NO JUSTICE IN UTAH’S JUSTICE COURTS: CONSTITUTIONAL ISSUES, SYSTEMIC PROBLEMS, AND THE FAILURE TO PROTECT † DEFENDANTS IN UTAH’S INFAMOUS LOCAL COURTS Samuel P. Newton,* Teresa L. Welch,** & Neal G. Hamilton*** [T]here’ll be no Justice of the Peace for you; just a big piece of justice.1 INTRODUCTION Justice courts2 could be called the most loved and hated court in the judicial system. The justices of the peace who preside over the courts are equally polarizing figures. The courts have been called “a powerful, multifaceted, local legal institution”3 which “helped design and weave together the social, economic, and political fabric”4 of American society.
    [Show full text]
  • Petition for Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit ______PETITION for a WRIT of CERTIORARI ______SCOTT L
    No. ______ In the Supreme Court of the United States __________________ GIANINNA GALLARDO, AN INCAPACITATED PERSON, BY AND THROUGH HER PARENTS AND CO-GUARDIANS PILAR VASSALLO AND WALTER GALLARDO, Petitioner, v. SIMONE MARSTILLER, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. __________________ On Petition for Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit __________________ PETITION FOR A WRIT OF CERTIORARI __________________ SCOTT L. NELSON BRYAN S. GOWDY PUBLIC CITIZEN LITIGATION Counsel of Record GROUP MEREDITH A. ROSS 1600 20th Street NW CREED & GOWDY, P.A. Washington, DC 20009 865 May Street (202) 588-1000 Jacksonville, FL 32204 (904) 350-0075 FLOYD FAGLIE [email protected] STAUNTON & FAGLIE, PL 189 E. Walnut Street Monticello, FL 32344 (850) 997-6300 Counsel for Petitioner March 9, 2021 Becker Gallagher · Cincinnati, OH · Washington, D.C. · 800.890.5001 i QUESTION PRESENTED Whether the federal Medicaid Act provides for a state Medicaid program to recover reimbursement for Medicaid’s payment of a beneficiary’s past medical expenses by taking funds from the portion of the beneficiary’s tort recovery that compensates for future medical expenses. ii PARTIES TO THE PROCEEDINGS Petitioner Gianinna Gallardo, an incapacitated person, by and through her parents and co- Guardians Pilar Vassallo and Walter Gallardo, was the plaintiff-appellee below. Respondent Simone Marstiller is, in her official capacity, the current Secretary of the Florida Agency for Healthcare Administration. Her predecessors (Mary Mayhew, Justin Senior, and Elizabeth Dudek) were—during their respective tenures and in their official capacities as Secretaries of the Florida Agency for Health Care Administration—previously named as the defendant-appellant below.
    [Show full text]
  • Utah S Wyoming SColoradoSTexas
    Fall 2016 Dewhirst DolvenLLC Attorneys at Law Legal Update Utah s Wyoming sColoradosTexas Plaintiffs appealed, seeking a trial de novo Utah at the district court. At trial, Defendant in brief stressed the multiple inconsistencies in Plaintiffs’ medical records as to how the DEWHIRST & DOLVEN accident occurred and as to the alleged UTAH OBTAINS THREE DEFENSE injuries. Upon bench trial, the district court • The Utah Supreme Court VERDICTS IN A TRIAL DE judge also held that the alleged injuries did judicially adopted a new cause of NOVO not match the vehicle’s minor scrape mark. action for filial consortium for Salt Lake City County: Dewhirst & As such, the judge rendered “no cause of losses sustained from a Dolven attorney Kyle Shoop obtained action” as to all three of the Plaintiffs’ minor-child’s serious injury. In three defense verdicts upon a trial de actions. adopting the cause of action, the novo to the bench. This matter involved Damian v. Nesbit, Court held that the same statutory alleged personal injuries from three Case No. 168900005, requirements for a spousal loss of Plaintiffs, who were brothers, after an Salt Lake County, Utah. consortium claim must be met. alleged impact between Plaintiffs’ .....................................Page 2 vehicle and a semi tractor-trailer driven by Defendant Ryan Nesbit. COLORADO In a construction defect case, the Plaintiffs initially filed their actions • against Defendant Nesbit in small claims Colorado Court of Appeals court. They alleged that the rear interpreted when “substantial driver-side of Defendant’s trailer completion” of a contractor’s impacted their vehicle as the truck made In This Issue work occurs under the builder’s a right turn onto northbound Bangerter statute of repose.
    [Show full text]
  • Pattern Criminal Jury Instructions for the District Courts of the First Circuit)
    UNITED STATES DISTRICT COURT DISTRICT OF MAINE 2019 REVISIONS TO PATTERN CRIMINAL JURY INSTRUCTIONS FOR THE DISTRICT COURTS OF THE FIRST CIRCUIT DISTRICT OF MAINE INTERNET SITE EDITION Updated 6/24/19 by Chief District Judge Nancy Torresen PATTERN CRIMINAL JURY INSTRUCTIONS FOR THE FIRST CIRCUIT Preface to 1998 Edition Citations to Other Pattern Instructions How to Use the Pattern Instructions Part 1—Preliminary Instructions 1.01 Duties of the Jury 1.02 Nature of Indictment; Presumption of Innocence 1.03 Previous Trial 1.04 Preliminary Statement of Elements of Crime 1.05 Evidence; Objections; Rulings; Bench Conferences 1.06 Credibility of Witnesses 1.07 Conduct of the Jury 1.08 Notetaking 1.09 Outline of the Trial Part 2—Instructions Concerning Certain Matters of Evidence 2.01 Stipulations 2.02 Judicial Notice 2.03 Impeachment by Prior Inconsistent Statement 2.04 Impeachment of Witness Testimony by Prior Conviction 2.05 Impeachment of Defendant's Testimony by Prior Conviction 2.06 Evidence of Defendant's Prior Similar Acts 2.07 Weighing the Testimony of an Expert Witness 2.08 Caution as to Cooperating Witness/Accomplice/Paid Informant 2.09 Use of Tapes and Transcripts 2.10 Flight After Accusation/Consciousness of Guilt 2.11 Statements by Defendant 2.12 Missing Witness 2.13 Spoliation 2.14 Witness (Not the Defendant) Who Takes the Fifth Amendment 2.15 Definition of “Knowingly” 2.16 “Willful Blindness” As a Way of Satisfying “Knowingly” 2.17 Definition of “Willfully” 2.18 Taking a View 2.19 Character Evidence 2.20 Testimony by Defendant
    [Show full text]
  • Jjcl I Nøw1æ ~(M
    'ê~"C7. .. II ii 'I 'i ~ 'I \ II ll I II II ~ II o II II II ii II ll ..JJCl i _nøW1æ ~(m iI II .. ~ ii .e n g II II := Justice A.H. Ellett 7 Working Through Utah's Agency Disclosure Law 11 Amending Utah's Immunity Statute 14 . UTAH BAR JOURAL Published by Vol. 1, NO.2 October, 1988 The Utah State Bar 645 South 200 East Salt Lae City, Utah 84111 Telephone (801) 531-9077 President Kent M. Kasting Question of the Month 4 President-Elect Hans Q. Chamberlain President's Message 6 Executive Director Justice A.H. Ellett 7 Stephen F. Hutchinson By Justice J. Allen Crockett, Retired Board of Bar Commissioners / H. James Clegg Working Through Utah's Agency Disclosure Law 11 James Z. Davis By David W. Johnson, Esq. Randy L. Dryer Hon. Pamela T. Greenwoo Stewar M. Hanson Jr, Amending Utah's Immunity Statute 14 James R. Holbrook By David J. Schwendiman and Jackson B. Howard Hon. Gordon J. Low Creighton C. Horton II, Assistant Attorney General Anne M. Stirba Exoffcio Members State Bar News 16 Bruce C. Hafen Norman S. Johnson Reed L. Marineau Case Summaries 23 Edward D. Spurgeon By Wiliam D. Holyoak and Clark R. Nielsen Young Lawyers Section President Jerr D. Fenn Jr. Legislative Report 27-. Bar Journal Committee CLE Calendar 29 and Editorial Board Editor Calvin E. Thorp Classified Ads 30 Assiate Editors Randall L. Romrell David B. Enckson C" Letters Editor Nann Novinski-Durando Articles Editors Leland S. McCullough Jr. Glen W. Roberts Views from the Bench Cover: Photograph of Utah Supreme Court Justice Albert H.
    [Show full text]
  • Supreme Court Task Force to Examine Limited Legal Licensing ______
    ______________ Supreme Court Task Force to Examine Limited Legal Licensing __________________________________ ______________ ______________ Report and Recommendations November 18, 2015 __________________________________ ______________ The mission of the Utah judiciary is to provide the people an open, fair, efficient, and independent system for the advancement of justice under the law. SUPREME COURT TASK FORCE TO EXAMINE LIMITED LEGAL LICENSING (1) Introduction and summary ............................................................. 5 (a) Introduction ................................................................................. 5 (b) Task force charge .......................................................................... 7 (c) Summary of recommendations .................................................... 8 (2) The practice of law in Utah ........................................................ 10 (a) Authority of the supreme court to govern the practice of law ... 10 (b) Supreme court rules .................................................................... 11 (3) Program design principles ......................................................... 14 (4) Practice areas of greatest demand ............................................. 15 (5) Procedural areas of paraprofessional competence .................... 16 (a) How do people get advice about remedies to their “civil justice situations”? ............................................................................................... 16 (b) How do people obtain and prepare forms?
    [Show full text]
  • The 2021-2022 Guide to State Court Judicial Clerkship Procedures
    The 2021-2022 Guide to State Court Judicial Clerkship Procedures The Vermont Public Interest Action Project Office of Career Services Vermont Law School Copyright © 2021 Vermont Law School Acknowledgement The 2021-2022 Guide to State Court Judicial Clerkship Procedures represents the contributions of several individuals and we would like to take this opportunity to thank them for their ideas and energy. We would like to acknowledge and thank the state court administrators, clerks, and other personnel for continuing to provide the information necessary to compile this volume. Likewise, the assistance of career services offices in several jurisdictions is also very much appreciated. Lastly, thank you to Elijah Gleason in our office for gathering and updating the information in this year’s Guide. Quite simply, the 2021-2022 Guide exists because of their efforts, and we are very appreciative of their work on this project. We have made every effort to verify the information that is contained herein, but judges and courts can, and do, alter application deadlines and materials. As a result, if you have any questions about the information listed, please confirm it directly with the individual court involved. It is likely that additional changes will occur in the coming months, which we will monitor and update in the Guide accordingly. We believe The 2021-2022 Guide represents a necessary tool for both career services professionals and law students considering judicial clerkships. We hope that it will prove useful and encourage other efforts to share information of use to all of us in the law school career services community.
    [Show full text]
  • Supreme Court of the United States
    e. u fl FEB 2O2OS ['OFFICE OF TH E 3lii The Supreme Court of the JJniteb tate fl kA DANIEL E. WITTE, Petitioner, V. JAYDEN HIJYNH nka JAYDEN SCACCO, Respondent. On Petition For A Writ Of Certiorari To The Utah Supreme Court PETITION FOR A WRIT OF CERTIORARI DANIEL E. WITTE, ESQ. PEARSON BUTLER, PLLC 1802 W. South Jordan Parkway, Suite 200 South Jordan, Utah 84095 (801) 495-4104 Email: [email protected] Attorney Pro Se COCKLE LEGAL BRIEFS (800) 225-6964 WWW.COCKLELEGALBRIEFS.COM 1 QUESTIONS PRESENTED In Faretta v. California, 422 U.S. 806, 829-32, 830 n.39, 833-34,834 n.46 (1975), this Court held that state courts may not compel pro se litigants in criminal cases to use an attorney (unless the pro se litigant's conduct is of such a "serious," "obstructionist," "ex- treme," "aggravated," "noisy, disorderly, and disruptive" nature that it is virtually or "wholly impossible to carry on" with the court's proceeding, as per Illinois v. Allen, 397 U.S. 337, 338, 346 (1970)). In dicta, the Faretta Court also appeared to say or infer that civil pro se litigants in state court have an analogous federal con- stitutional right of self-representation. This petition asks this Court to squarely reach and affirm what this Court earlier indicated about the federal constitu- tional right of a civil pro se state court litigant in the Faretta dicta. QUESTION #1. Is a pro se civil litigant's right of self-representation in state court protected as a funda- mental federal constitutional right subject to the strict scrutiny test under the United States First Amend- ment (Free Speech, Free Exercise, Petition Clauses) as incorporated by the Fourteenth Amendment? QUESTION #2.
    [Show full text]
  • Showcase Argument
    Judge Alice Moore Batchelder U.S. Court of Appeals for the Sixth Circuit 67th Annual Moot Court Judge Batchelder received her B.A. from Ohio Wesleyan University in 1964 and her J.D. from Akron University School of Law in 1971, where she was Editor-in-Chief of the Akron Law Review. She also received an LL.M. from the University of Virginia School of Law in 1988. She engaged in private practice in Ohio for twelve years prior to her service as a SHOWCASE U.S. bankruptcy judge and eventually as a U.S. District Court judge. She was appointed to the U.S. District Court for the Northern District of Ohio by President Ronald Reagan in 1989. In 1991 she was appointed by President George H.W. Bush to the Sixth Circuit ARGUMENT and served as Chief Judge of the Sixth Circuit from 2009 until 2014. Patrick F. McCartan Courtroom March 3, 2017 - 4:00 p.m. Judge John Blakey U.S. District Court Judge Blakey received a B.A. degree in 1988 from the University of Notre Dame, a Certificate of Fine Arts in 1989 from the London Academy of Music and Dramatic Art, and a Juris Doctor degree in 1992 from Notre Dame Law School. He served as a law clerk to Judge William J. Zloch of the United States District Court for the Southern District of Harry Piper Florida from 1992 to 1994. He worked at the law firm of Vedder, Price, Kaufman & Petitioner Kammholz, P.C., from 1995 to 1996. From 1996 to 2000, he served as an Assistant State’s Attorney in the Office of the Cook County State’s Attorney.
    [Show full text]
  • STATE COURT ADMINISTRATORS 1997 Annual Meeting
    Conference of CHIEF JUSTICES Conference of STATE COURT ADMINISTRATORS 1997 Annual Meeting Cleveland, Ohio Conference of Conference of Chief Justices State Court Administrators Abrahamson, Shirley S. Wisconsin Baldwin, Robert N. Virginia Amestoy, Jeffrey L. Vermont Bauermeister, Mercedes M. Puerto Rico Anderson, E. Riley Tennessee Becker, Daniel Utah Andreu-Garda, Jose A. Puerto Rico Benedict, Jerry L. Texas Arnold, W. H. (Dub) Arkansas Berson, Steven V. Colorado Bell, Robert M. Maryland Broderick, Michael F. Hawaii Benham, Robert Georgia Buenger, Michael L. South Dakota Benton, Duane Missouri Byers, David K. Arizona Brock, David A. New Hampshire Cameron, Dallas A., Jr. North Carolina Callahan, Robert J. Connecticut Chenovick, Patrick A. Montana Calogero, Pascal E, Jr. Louisiana Ciancia, James J. New Jersey Carrico, Harry L. Virginia Click, Kingsley W. Oregon Carson, Wallace P., Jr. Oregon Cole, Stephanie J. Alaska Chapel, Charles S. Oklahoma Collins, Hugh M. Louisiana Durham, Barbara Washington Conyers, Howard W. Oklahoma Finney, Ernest A., Jr. South Carolina Dosal, Sue K. Minnesota F1aherj:y, John P. Pennsylvania Doss, Robert L., Jr. Georgia Franchini, Gene E. New Mexico Ferrell, Charles E. Tennessee Freeman, Charles E. Illinois Ferry, John D., Jr. Michigan George, Ronald M. California Gingerich, James D. Arkansas Hodge, Verne A. Virgin Islands Glessner, James T. Maine Hooper, Perry 0., Sr. Alabama Goodnow, Donald D. New Hampshire Kauger, Yvonne Oklahoma Greacen, John M. New Mexico Kaye, Judith S. New York Gregory, Frank W. Alabama Keith, A. M. (Sandy) Minnesota Groundland, Lowell L. Delaware Kogan, Gerald Florida Guerrero, Edward C. D. Northern Mariana Islands Kruse, E Michael American Samoa Hammond, Ulysses B. District of Columbia Lee, Dan M.
    [Show full text]
  • Civil Legal System Modernization: Is Online Dispute Resolution Making a Difference I N Access to Justice?
    B A C K G R O U N D I N F O R M A T I O N : P L E N A R Y Civil Legal System Modernization: Is Online Dispute Resolution Making a Difference in Access to Justice? N A T I O N A L C E N T E R F O R S T A T E C O U R T S Equal justice under the law is a core court value of most legal systems and is even chiselled into stone on the front of the United States Supreme Court building. In an increasingly complex, I I I technology-centric world, how are courts delivering on that core value? N O I S A pragmatic assessment of judicial integrity includes a frank S E reconciliation between the public’s expectations and judicial systems' S processes and mechanisms that purport to deliver justice. For a country that values justice, estimates are that upwards of 85% of civil legal issues never actually reach the courts. The reasons for this lack of access to justice are diverse: financial constraints, language barriers, knowledge inequalities, physical or mental health issues, caregiving responsibilities, and, ultimately, a cost-benefit determination that court processes are too expensive, complicated, and slow. If, in practice, courts are only available to those with wealth, knowledge and ample free time, who speak the majority language, then courts are failing to provide equal justice under the law. Court-sponsored online dispute resolution (ODR) is a tangible demonstration that the judiciary is aware of the constraints the public faces when it comes to accessing the rule of law and is a pro-active step toward easing those constraints.
    [Show full text]
  • Chief Justices State Court Administrators
    Conference of CHIEF JUSTICES Conference of STATE COURT ADMINISTRATORS *:* *:* 1995 *:* 1995 Annual Meeting Monterey, California Conference of Conference of Chief Justices State Court Administrators Allen, Frederic W. Vermont Baldwin, Robert N. Virginia Anderson, E. Riley Tennessee Bauermeister, Mercedes M. Puerto Rico Andr&Garcia, Jose A. Puerto Rico Berson, Steven V. Colorado Baca, Joseph F. New Mexico Buenger, Michael L. South Dakota Benham, Robert Georgia Byers, David K. Arizona Bilandic, Michael A. Illinois Cetrulo, Don Kentucky Brickley, James H. Michigan Chenovick, Patrick A. Montana Brock, David A. New Hampshire Click, Kingsley W. Oregon Calogero, Pascal E, Jr. Louisiana Collins, Hugh M. Louisiana Carrico, Harry L. Virginia Conyers, Howard W. Oklahoma Carson, Wallace P., Jr. Oregon Dosal, Sue K. Minnesota Durham, Barbara Washington Doss, Robert L., Jr. Georgia Feldman, Stanley G. Arizona Drennan, James C. North Carolina Finney, Ernest A., Jr. South Carolina Duncan, Robert L. Wyoming Golden, Michael Wyoming Ferrell, Charles E. Tennessee Grimes, Stephen H. Florida Gilmore, Oliver Alabama Hawkins, Armis E. Mississippi Gingerich, James D. Arkansas Heffernan, Nathan S. Wisconsin Glessner, James T. Maine Hodge, Verne A. Virgin Islands Greenwood, Pamela T. Utah Holmes, Richard W. Kansas Groundland, Lowell L. Delaware Holstein, John C. Missouri Hall, Marilyn K. Michigan Holt, Jack, Jr. Arkansas Hammond, Ulysses B. District of Columbia Hornsby, Sonny Alabama Harrall, Robert C. Rhode Island Johnson, Charles A. 0k 1ah o m a Irwin, John J., Jr. Massachusetts Kaye, Judith S. New York Judice, C. Raymond Texas Keith, A. M. (Sandy) Minnesota Kanter, Deborah New Mexico Kruse, F. Michael American Samoa Kotzan, Bruce A. Indiana Lamorena, Albert0 C., 111 Guam Larkin, Ronald L.
    [Show full text]