Documekt RESUME 1NSTLTUTION Department of Justice, Washington

DOCUMEkT RESUME

ED 220 396 I SO 014 256

TITLE State Court Organization, 1980. 1NSTLTUTION National Center for State Courts-, Williamsburg, Va. SPONS AGENCY Department of Justice, Washington, D.C. Bureau of

Justice Statistics. , REPORT NO NCJ-76711 PUB DATE May 82 GRANT 79-SS-AX-0010 NOTE 573p.; Not available in paper copy due to amall print type throughout original document. Report of work was performed by the National Court Statistics Project. AVAILABLE FROMNational Criminal Justice Reference Service, Box 6000, Rockville, MD 20850 (single copies, free).

EDRS PRICE MF02 Plus Postage. PC Not Available from EDRS. DESCRIPTORS Administration; Governmental Structure; *Organization; *State Courts; State Government; Statistical Data

ABSTRACT Informaticn on state court organization as of January 1, 1980, in the 50 states, American Samoa, the District of Columbia, Guam,Lpuetto Rico, and the Virgin Islands is provided. Data were colketted from published sources and through questionnaires. There, are two major parts. Part I consists of 36 tables containing comparative data from all the states and other jurisdictions which describe particular facets of state court personnel, organization, structure, and administration. Data are summary in nature. Subiect matter covered by the tables is diverse, including descriptions of 'justices' and judges' positions at all leve s of court; court jurisdiction; methods of judicial selection; the selection, qualificati-on, and use of jurors; state-le.el court administrative offices; and descriptions of judicial disciplinary bodies. Part II contains narrative profiles and figures that describe the organization of the judicial system in'each state. Information is presented on seven topics: courts of last resort; intermediate appellate-courts; courts of general jurisdiction; courts of limited or special jurisdiction; state-level administration;quasi-judicial officers; and judicial discipline. Appendice6 cofitain names of state court administrators, data collection instrumenti, and a glossary: (Author/RM) .

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****************************************************************t****** Reproductions supplie?'y EDRS are the best that cab be made .from, he original document. *********************************************************************** BEST C AVAIABLE( U.S. partment oi Justice u of Justice Statistics

U S DEPARTMENT OF EDUCATION NATIONAL INSTITUTE OF EDUCATION. E DU( Al IONAL RE SOURCE S INFORMA ION State Court ENTER RlC 1 his oineinhas been repoidut eftas fel Co,(1 aro the pOr,r1iiroiganization

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VW., flanges haw been ihade to improve Organization hon

Pomo, of view ie iitenions staled in this dot in 1980 flwrIT f represent (MR al NIE

PERMISSION TO REPRODUCE THIS MATERIAL INMICROFICHE A joint effort of HAS BEEN GRANTED BY Conference of State Court Administrators aes and I

National Center for State Courts TO THE EDUCATIONAL RESOURCES INFORMATION CENTER (ERIC)

National Court Statistics Project 300 neivport Avenue Williamsburg, Virginia 23185

NCJ-76711, sac-8 May 1982

411,

Ise U.S. DEPARTMENT OF JUSTICE Bureau of Justice Statistics

Benjamin H. Renshaw III Acting Director

Charles R. Kindermann Acting Director, Statistics Division 4

IMPORTANT

We have provLded an evaluation sheet at the end of this publication. It will asiist us in improving future reports if you complete and return it at your convenience.

Report of work performed by the National Court StatisticsProject, National Center for State Courts.

4 This project was supported by Federal Grant Number 79-SS-AX-001,0 awar4ed to the National Center for State Courts, Williamsburg,Virginia, by the Statistics Division, Bureau. of Justice Statistics,U.S. Department of Justice, under the Omnibus Crime Control and Safe Streets Act of 1968, as amended. The National Court Statistits Project was tirected by Francis J. Taillefer until August,'1980, apd since that time by Victor E. Flango for the National Center for State Courgs. Points Of view or opinions stated in this document are those of the authr and do not necessarily represent theofficial position or poltcies of the U.S Department of Justice.

The Bureau ofJustice Stistics authorizes any person to reproduce, publish, translate, or otiierwise e all or any part of the copyrighted material in thia publication, with the exemption oe those itemsindicating that they are copyrighted by or rep inted by permission of any source'other than the National Center forStatelCourta.

Library of Congress Card Number: 81-60009

)( Thta State Court Organization, 1980 establishes contained in this volume were collected directly a new state court statistical series containing from each state court administrative office as well organizational, financial, and personnel statistics as from other, independent sources. The leadership for the court systems in all fifty states, the and assistance of COSCA, and especially the NCSP - District of Columbia, Puerto Rico, American Samoa, Committee chaired by Bert M. Montague, has insured the Virgin Islands, and Guam. This volume is the the quality and usefulness of this the first edi- result of a cooperative effort of the National Cen- tion of a new national court statistical series. ter for State Courts (NCSC) and the Conference of State Court Administrators (COSCA).This work will be a companion document to the continuing State Court Caseload Statistics: Annual Report series also produced by the National Court 'Statistics Pro- ject (NCSP). This reference updates and expands previous national court surveys conducted by the Edward B. McConnell Bureau of the Census in 1971, 1975, and 1977. Data Director National Center for State Courts

The Conference of State Court Administrators court administrative offices. This volume should and its National Court Statistics Project Committee prove to be a valuable reference source for court has worked closely with the National Center for organizational, managerial, and administrative State Courts NCSP staff in preparing this volume. data. State court administrators helped to determine which data would be, collected, and then served as the primary source of much of the data. This work contains information on many facets of court organization and administration collected and uniformly organized in a single source for the first -4 time. Comprehensive coverage is given to the or- Bert M. Montague, Chairman ganization and funCtione of the courts as well as NCSP Committee the operations, budget, and personnel of the state Conference of State Court Administrators

iii 'Conference of State Court Administrators National Court Statistics Project ' Committee

Bert M. Montague (1977 ko 1981) Roy O. Gulley (1978 to 1981) Director, Administrative Office of the Chairman (1979 lo 1981) Courts, Illinois Administrative Director North Carolina John F. Harkness, Jr. (1979 to 1980) James R. James, Chairman (1977 to 197 State Court Administrator, Florida Judicial Administrator of the Courts, C. R. Huie (1977 to 1979) Kansas Executive Secretary, Judicial Department Laurence C. Eamon (1979 to 1981) of Arkansas Vice Chairman (1979o 1981) State Court Administror, Minnesota Eugene J. Murret (1979 to 1980) State Court Administrator, Louisitna Elizabeth D. Belshaw, Vice Chairman Arthur J. Simpson, Jr. (1978 and 1979) (1977 to 1979) State Court Administrator, Maine Acting Director, Administrative Office of the Courts, New Jersey Alexander F. Barbieri (1977 to 1981) James D. Thomas (1979 to 1981) State Court Administrator, Pennsylvania State Court Administrator, Colorado James E. Dunlevey (1977 to 1979) Phillip B. Winberry (1977 and 1978) State Court Administrator, Nebraska Administrator for the Courts, Washington

National Center for State Courts Board of Directors

Chief Justice William S. Richardson, Chief Justice Joe R. Greenhill Supreme Court of Texas President, Supreme Court of Hawaii Chief Justice Lawrence W. I'Anson Chief Judge Theodore R. Newman, Jr. Supreme Court of Virginia Vice-President, District of'Columbia Court of Appeals , Judge Wilfred N. Nuernberger Separate Juvenile Court of Lancaster Presiding Judge Robert C. Broomfield County, Nebraska Superior Court of Maricopa County, Judge Kaliste J. Saloom, Jr. Arizona city Court of Lafayette, Louisiana Chief Judge Lawrence H. Cooke Associate Justice Joseph R. Weisberger Court of Appeals of New York SupreMe Court of Rhode Island Judge Mercedes F. Deiz Circuit Court of Oregon Judge Robert A Wenke Superior Court of Los Angeles, California Judge Roland J. Faricy Municipal Court of Ramsey County, Edward B. McConnell Minnesota Director:

National Court Statistics Project staff ft

Lynn A. Jensen, Project Group Manager Robert A. Zastany, Staff Associate Marianne Stran, Design Specialist Victor E. Flango, Project Director Mary A. Miller, Secretory (1980 to 1981) Regina D. Page, Secretary Francis J. Taillefer, Project Director (1979 to 1980) Dana Patton, Secretary Brenda Snyder, Word Processing Supervisor Nora F. Blair, Staff Associate Pat Barnett, Word Processing Secretory Mary Louise Cfifford, Staff Associate Rita P. Hall, Word Processing Secretary Mary E. Elsner, Staff Associate Robert M. Simonds, Staff Associate Mart,Aelciing, Word Processing Secretary tch, Word Processing Secretary Betty Joyce White, Staff Associate ' Daryl Carol Niwton, Word Processing Secretary Brends A. Williams, Staff Associate Judy A. Brown, Word Processing Secretary k

Acknowledgements We are indebted to the Judicial Administration Division of the American Bar Association (ABA) and its Implementation of Standards of Judicial Admin- istration (ISJA) project committee and staff for The development process which eventually re- their cooperation and willingness to share with the ulted in the production of the State Court Organ- NCSP staff the ISJA state organization profile in- ization 1980 has been going on for everal years. formation. The ISJA profiles, developed through During that time, numerous esbers of COSCA have funding from the Law Enforcement Assistance Admin- erved as Sfficers and members of the NCSP Commit- istration, have provided base of data from which tee, providine guidance to NCSP staff in determin- the NCSP state court organization profiles have

, ins the scope and methodology for the urvey. been developed. Their generous contributions of time and knowledge have helped to ensure that the data presented in Researchers from other organizations also sup- this volume represents an accurate and comprehen- plied data on specific topics to project staff for sive picture of court structure and adsinistration. the construction of summary tables. Included in We are also indebted to the general aembership of this group of people are Larry Berkson, Ted COSCA for the support they gave to project staff Nodzenski, Steven Gentry, and Michael Gilman of the by providing detailed answers to complex question- American Judicature Society who reviewed the up- naires and for their careful review of narrative dates of numerous summary tables for this volume. profiles describing each state court system.

f Content.

Page

Poreword Statelevel court adainistration (Tables 21-24) 88 Description of the statelevel Acknowledgments court administrative office 88 Lisi)of Tables (Table 21) 4 Personnel of the statelevel court 90 List of state court organization profiles. administrative office (Table 22) Functions of the statelevel court administrative office (Table 23) 94 Introduction State court administrators (Table 24) 98 Authority and procedures of the judicial National Court Statistics Project . 2 History of the development of State branch (Tables 25-28) 100 Court Organization, 1980 2 Judicial councils and conferences 104 Methodology 2 (Table 29) How to use this document 3 Juries (Tables 30-36) 108 108 Limitations 3 Grand juries (Table 30) Trial juries (Tables 31-36) 114

Part I: State court organization summary data Part II: State court or anization profiles

Explanation of the contents of each Judicial Officers (Tables 1-15) . . . 6 Judicial officers by levels of profile 131 court (Tablips 1-5) 6 Prototype of state court narrative Qualifications of judicial profile 131 offieers (Tables 6-8) 20 . Prototype of state court system Authorized judgeships in trial chart 133 courts (Table 9) 32 State court organization profiles; Judicial selection (Tables 10-13) 34 Alabama through the Virgin Islands 134 Judicial disciplinary commissions (Table 14) 48 Judicial compensation commissions Appendices (Table 15) 52 Court jurisdiction (Tables 16 and 17) 54 Appendix A: State Court Adainistrators 507 Jurisdiction of trial courts 511 (Table 16) 54 Appendix 15: Data Colleckion Instruments Jurisdiction over appeals in trial 535 courts (Table 17) 70 Appendix C: Glossary

Court personnel (Tables 18-20) . . . 74 Employees of appellate courts (Table 18) 74 Employees of general jdrisdiction courts (Table 19) 80 Law clerks in courts of last resort (Table 20) 86

vi List of Tables

Page ?at.

Table 1: Justices of courts of last reort, Table 12: Characteristics of judicial nomi-

1980. 6 nating commissions,'1980. . . . . 42 Name of court, number of authorised Selection of commissioners and justices, method of election, term, limitations on their eligibility for and salary. holding other offices.

Table 2: Chief Justices of courts of last Table 13: Membership of judicial nominating resort, 1980. 8 commissions, 1980 46 Title, method of selection,.term, Number of commissions and commis- and salary. sioners, partisanship of commission, term and limitations on terms, and Table 3: Judges of intermediate appellate requirement for judicial representa- courts, 1980. 10 tion on commission. Name of court, number of court district, number of authorized Table 14: Judicial discipline, 1980 48 judges, method of selection, term, Name of investigating body, how and and lalary. when estoblished, membership, term, adjudicating body, removing body, Table 4: Judges of courts of general juris- and legal basis. diction, 1980 12 Name of court, number of authorized Table 15: Judicial compensation commissions, judges, term, and salary. 1980. 52 Name of commission, date of enabling Table 5: Judges of courts of limited or legislation, number, appointment,

special jurisdiction, 1980. . . . 14 and compensation of members. Name of court, number of authorized judges, term, and salary. Table 16: Jurisdiction of trial courts, 1980. 54 Table 6: Qualifications of appellate Level and name of court, geographic justices and judges, 1980 20 jurisdiction, number of districts, U.S. citirenship, legal training and number of judges, civil, criminal, licensing, residency, age, and legal traffic, juvenile, and appellate experience. jurisdiction.

Table 7: Qualifications of general jurisdic- Table 17: Jurisdiction over appeals in trial tion judgei, 1980 22 courts, 1980. 70 U.S. citizenship, legal training and Name of general jurisdiction court, licensing, residency, age, and legal type of appeal, and court of origin. experienos. Table 18: Employees of appellate courts, Table 8: Qualifications of judges of limited 1980. 74 and special jurisdiction courts, Number of full-time equivalent 1980. 24 employees by position, for judicial U.S. Citizenship, legal training and support and for the office of the licensing, residency, age and legal clerk. experience. Table 19: Employees of general jusiediction Table 9: Authorized judgeships in trial courts, 1980. so courts, 1980. 32 Number,of full-time equivalent 1980 population, number of authorized employees by position, for judicial judges and population served per support and for the office of the judge by trial court level. clerk.

Table 10: Judicial selection, 1980. 34 Table 20: Law clerks for courts of last Method of initial selection and resort, 1980. 86 filling of interim vacancies. Number, method of selection, legal traiming, length of service, and

Table 11: Description of merit plans, 1980. . 40 salary. Legal basis of plan, year established, use of plan, number of Table 21: Description of the state-level court

nominees, and type of retention administrative office, 1980) . . . 88 lection. Year authorized, authorization, date

4 first administrator appointed, amount and sources of total expenditures. Pale Page

Table 22: Personnel of state-level court Table 30: Description of grand juries, 1980. 108 administrative office, 1980. . . . 90 Number of full-time equivalent Selection process, size, number professionals by function. needed to indict, and scope of activity. Table 23: ?unctions of state-level court Table 31: Selection of trial jury pool, adainistrative office, 1980. . . . 94 114 Management, and information systems 1980. activities, court slport services, Selection process and sources ued finance and budget, parsonnel, for master list. education and training, public information And liaion, and Table 32: Qualifications for trial jury 118 planniug and reseafch activities. ervice, 1980 Time limits, elimination for felony conviction, residency, Age, and other Table 24: State court administrators, 1980 98 special qualifications. Qualifications, appointing authority, Table 33: Statutory exemptions from trial jury and salary. service, 1980 120 ) Table 25: Budget and fiscal authority of the judicial branch, 1980 100 Table 34: Number of peremptory challenges in jury trials, 1980 122 Table 26: Audit procedures of the judicial Number of challenges per side for branch, 1980. 101 criminal and civil cases.

Table 27: Records and fiscal procedures of Table 35: TrieN1 jury size and vote required - 124 the judicial branch, 1980 102 for verdict, 1980. Jury size and vote required for verdict for criminal and civil trials. Table 28: Purchasing procedures of the judicial branch, 1980...... 103 * Table 36: Compensation oftrial jurors, 127 Table 29: Judicial councils and conferences, 1980. 1980. 104 Per diem and travel reimbursement Name, authority, and purpose. List of State Court Organization Profiles

Page

Alabama 134 Idaho 215

Figure 1: Alabama court system, 1980 . 134 Figure 1: Idaho court system, 1980 . . 216 Figure 2: Alabama state-level Figure 2: Idaho state-level adminis- administrative office of the trative office of the courts, courts, 1980 139 1980 219

Alaska 141 Illinois 220

Figure 1: Alaska court system, 1980 . 142 Figure 1: Illinois courtsystsm.....11r1r. 220 4 Figure 2: Alaska state-level adminis- Figure 2: Illinois state-level administrative office of the trative office of the courts, courts, 1980 145 1980 224

Arizona 148 Indiana 226

Figure 1: Arizona court system, 1980 . 148 Figure 1: Indiana court system, 1980 . 226 Figure 2: Indiana state-level adminis- Arkansas 155 trative office of the courts,

Figure I: Arkansas court system, 1980 . 156 1980 231 Figure 2: Arkansas state-level administrative office of the courts, Iowa 233 1980 161 Figure 1: Iowa court system, 1980 . . . 234 Figure 2: Iowa state-level adminis- California 163 trative office of the courts, Figure 1: California court ystem, 1980 237 1980 164 Figure 2: California state-level adminis- Kansas 239 trative office of the courts, Figure 1: Kansas court system, 1980 . . 240 1980 169 Figure 2: Kansas state-level administrative office of the courts, 4 Colorado 172 1980 244

Figure 1: Co4orado court system, 1980 . 172 Figure 2: Colorado state-level adminis- Kentucky 246 trative office of the courts, Figure 1: Kentucky court system, 1980 . 246 1980 178 Figure 2: Kentucky state-level administrative office of the courts, Connecticut 180 1980 250 Figure 1: Connecticut court system, 1980 180 Louisiana 253 Figure 2: Connecticut state-level admin- Figure 1:iFLotisiana court system, f istrative office of the courts, 1980 254 1980 184 Figure 4 _Louisiana state-level administrative office of the courts, Delaware 186 1980 260

Figure 1: Delaware court system, 1980 . 186 Figure 2: Delaware state-level adminis- Maine 262 trative office of the courts, Figure 1: Maine court system, 1980 . . 262 1980 191 Figure 2: Maine state-level administrative office of the courts, Florida 193 1980 267 Figure 1: Florida court system, 1980 . 194 Figure 2: Florida state-level adminis- Maryland 269 trative office of the courts, Figure 1: Maryland jOurt ystem, 1980 . . 270 1980 197 Figure 2: Maryland state-level administrative office of the courts, Georgia 199 1980 274 Figure 1: Georgia court system, 1980 200 Figure 2: Georgia state-level adminis- Massachusetts 276 trative office of the courts, Figure 1: Massachusetts court system, 1980 206 1980 276 Figure 2: Massachusetts state-level admin- Hawaii 208 istrative office of the courts, Figure 1: Hawaii court system, 1980 . 208 1980 282 Figure 2: Hawaii state-level administrative office of the courts, Michigan 285 1980 213 Figure 1: Michigan court system, 1980 . 286 Figure 2: Michigan state-level administrative office of the courts,

1980 . . . 4 290

ix Page Page

370 Minnesota 292 North Dakota North Dakota court system, Figure 1: Minnesota court system, Figure 1: 370 1980 292 1980 Figure 2: Minnesota state-level adminis- Figure 2: North Dakota state-level admin- trative office of the courts, istrative office of the courts, 375 1980 297 1980

377 Mississippi 299 Ohio . . . . 378 Figure 1: Mississippi court usiem, Figure 1: Ohio court system, 1980 1980 300 Figure 2: Ohio state-level administrative office of the courts, Figure 2: Mississippi state-level administrative office of the courts, 1980 383 1980 304 Oklahoma 385

. . 386 Missouri 306 Figure 1: Oklahoma court ystem, 1980 Figure 2: Oklahoma state-level adminis- Figure 1: Missouri court system, 1980 . . 306 Figure 2: Missouri state-level administrative office of the courts, trative office of the courts, 1980 391 1980 310 Oregon 393

Oregon court system, 1980 . . . 394 Montana 312 Figure 1: Figure 2: Oregon state-level adminis- 'Figure 1: Montana court system, 1980 . . 312 trative office of the courts, Figure 2: Montana state-level administrative office of the courts, 1980 398 1980 316 Pennsylvania 400 Pennsylvania court system, Nebraska 318 Figure 1: 1980 400 Figure 1: Nebraska court system, 1980 . . 318 Pennsylvania state-level admin- Figure 2: Nebraska state-level adminis- Figure 2: trative office of the courts, istrxtive office of the courts, 407 1980 323 1980

409 Nevada 325 Rhode Island Figure 1: Rhode Island court system, Figure 1: Nevada court system, 1980 . . 326 410 Figute 2: Nevada state-level adminis- 1980 trative office of the courts, Figure 2: Rhode Island state-level administrative office of the courts, 1980 328 1980 413 New Hampshire 330 415 Figure 1: New Hampshire court system, South Carolina 1980 330 Figure 1: South Carolina court system, 416 Figure 2: New Hampshire ;tete-level admln- 1980 istrative office of the courts, Figure 2: South Carolina state-level administrative office of the courts, 1980 334 1980 419 New Jersey 336 . . t 421 Figure 1: New Jersey court system, South Dakota 1980 336 Figure 1: South Dakota court system, 422 Figure 2: New Jersey state-level admin- 1980 istrative office of the courts, Figure 2: South Dakota state-level administrative office of the courts, 1980 342 1980 425 New Mexico 344 426 Figure 1: New Mexico court system, Tennessee . Tennessee court system, 1980 344 Figure 1: 426 Figure 2: New Mexico state-level admin- 1980 istrative office of the courts, Figure 2: Tennessee state-level administrative office of the courts, 1980 349 1980 432 New York 351 434 Figure 1: New York court system, 1980 . . 352 Texas Texas court system, 1980 . . . 434 Figure 2: New York state-level adminis- Figure 1: trative office of the courts, Figure 2; Texas state-level administrative office of the courts, 1980 360 1980 440 North Carolina 362 442 Figure 1: North Carolina court system, Utah Utah court ystem, 1980 . . . . 442 1980 362 Figure 1: Figure 2: Utah state-level admiiiis- Figure 2: North Carolina state-level administrative office of the courts, trative office of the courts, 446 1980 367 1980 Page Page yeruontr 448 Wyoming- 479

. . 480 FileUre1: Veruont court system, 1980 . . 448 Figure 1: Wyoming court system, 1980 \\Figiure2: Vermont tate-level adainis- Figure 2: Wyoming state-level adminis- ,_ trative office of the courts, trative office of the courts, 1980 452 1980 483

Virginia ... 454 American Samoa 485 Figure1: Virginia court system, 1980 . . 454 Figure 1: American Samoa court system. Figure2: Virginia state-level duinie- 1980 486 trative office of the courts, 1980 459 District of Columbia 489 Figure 1: District of Columbia court Washington 461 system, 1980 490 Figure1: Washington court system, Figure 2: District of Columbia state- 1980 462 level administrative office of Figure2: Washington state-level admin- the courts, 1980 492 istrative office of the courts, 1980 466 Guam 494

Figure 1: Guam court ystem, 1980 . . . . 494 West Virginia 468 Figure 2: Guam state-level administrative Figure1. West Virginia cgort system, office of the courts, 1980 .-.496 1980 468 Figure2: West Virginia state-level dmin- Puerto Rico 498 istrative office of the courts, Figure 1: Puerto Rico court system, 1980 472 1980 498 Figure 2: Puerto Rico state-level admin- Wisconsin 474 istrative office of the courts, Figure1: Wisconsin court system, 1980 501 1980 474 Virgin Islands 503 Figure 1: Virgin Islands court system, 1980 504

xi to

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e Introduction

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I Introduction -

National Court Stat Pro ect

This,vollte c taining information on state contains information on the organization, jurisdic- court organizatton as of January 1, 1980 ts the tion, routes of appeal, and personnel for each product of the co tinuing cooperative ielationship level of court in each state. Information in the between the Confn ence of State Court Administra- Pprofiles" section of the volume is presented alphaIrtically, first for all states followed by ') tors (COSCA) and 'the National Center for Stite Courts (NCSC). 'financial management, project man- the territories, for the convenience of people in- agement, and stiffing responsibility are assumed terested in locating tnformation about specific by the National Court Statistics Project (NCSP)-of jurisdictions. the NCSC. COSCA, through its NCSP Committee, pro-_, vides general policy review, guidance, and control MethodoloRy over all project activities. The first step in the design of this report was One of the primary purposes of the NCSP is to to determine the information requirements to be produce a volume containing data on court organiza- satisfied by the document. At the request'of the tion and management from the 50 states, the Dist- COSCA_NCSP Committee, project staff proposed data rict of Columbia, and territories of the United elements for inclusion in the report in the'form *States, including American Samoa, Guam, Puerto- of table shells and narrative outlines. Current Rico, and the Virgin Islands. This volume is in- data on court organization reported elsewhere were tended to serve as a companion volume to the State examined for possible use in this report. The Court Caseload Statistics: Annual Report sertes, COSCA NCSP Committee accepted some table shells that contains court caseload data from most of entirely, changed specific data elements in others, these same jurisdictions. Data collected for in- combined some tables, and added others. Through clusion in this volume must be gathered and organ- several iterations, a set of table shells useful ised to facilitate comparison with similar informa- to judges, court administrators, planners., re- tion across jurisdictional boundaries. earchers, and others was agreed upon.

These NCSC goals required the careful choosing The second step in producing this report was a of the methodology used to gather data from each search for data to fill the empty table shells. jurisdiction and to report it in this volume, both Publications of the National Center for State itate by state and collected into summary tables. Courts, the American Judicature Society, the Bureau of the Census, the Center for Jury Studies, the History of the development of State Court Or- American Bar Association, and other organizations ganization, 1980. were examined to determine the number of tables that could be completed using current, data already The National aurvey of Court Organization was published. Some data elements were gathered dir- conducted first for LgAA in late1971 by the Bureau ectly from the search of state constitutions and of Census as a preliminary step to establishing a statutes. It was decided that questionnaires national program of court statistics. One major should be used to capture only those data that are purpose of the survey was to obtai/ information either not available from other sources or that about court organizations and the types and loca- change every year. This approach conserves re-. tions of court records in use. Data were also sources by making maximum use of existing data. gathered on the geographic and subject matter jurisdiction as well as on the number and types of Project staff, with the guidance of the COSCA court personnel. Supplements to the original re-- NCSP Committee, formulated the outline to be used port, containing updated descriptions of court or- tn constructing the state court organisational nar- ganizations in states that had undergone major re- rative profiles. The NCSP annual report series and organizations, were published in September of 1975 individual state annual reports provided We infor- and May of 1977. The National Survey provided the mation necessary to conItruCt one chart dtsplaying inspiration for the present volume. the court organization structure and another por- traying'.the organization of the office of the state This work is divided into two sections. /he dourt administrator. The profile outline was com- first section contains comparative statistics op pleted initially with information taken from the state court personnel and administration presented Implementation of Standards of Judicial Administra- in easy-to-read summary tables. The second section tion (ISJA) project profiles. This information* was

t supplemented by the study of state constitutions lect for further study particular states/courts and statutes and other sources of court organiza- according to particular characteristics, or to com- tion data. pare different approaches to common problems by noting the frequency of certain responses. A two-part questionnaire, designed to elicit data not available from published sources, was pre- Part II of the survey contains narrative pared. The first section of the questionnaire con- profiles and figures that describe the organization tained standard questions because data were unavail- of the judicial system in each state. The profiles Information is pre- able for all states. The second section of the . all follow a uniform format. questionnaire was "tailor-made" for each state to sented on seven topics: elicit data elements missing only from that particular state. The preliminary court organization I. Court(s) of Last Resort narrative profiles constructed for esch tate were 2. Intermediate Appellate Court(s) included for review as a part of the "tailored" 3. Court(s) of General Jurisdiction portion of the questionnaire. A. the layout of the 4. Court(s) of Limited or Special Jurisdiction narrative profiles was expanded and refined, 5. State-Level Administration changes to the general audience and "tailored" por- 6: Quasi-Judicial Officers tions of the questionnaire were required. 7. Judicial Dicipline

The questionnaire was tested in five states, chosen because they represented the extreme points Each state profile is constructed using the in multiple measures (for example, degree of cen- same outline, simplifying the process of locating tralization, complexity of court structure, etc.) particular information from one or numerous courts/ describing the various state court.systems. Final states. Two charts are included in each profile, adjustments, stemming from the results of the pre- one displaying the courts and the routes of appeal '6 test, were made to the questionnaire, and it was among them; the other a diagram of the organization. distributed to all the states,,American Samoa, the of the state-level court administrative office. District of Columbia, Guam, Puerto Rico, and the Virgin Islands. A copy of the general portion of Most readers will want to examine both parts the questionnaire and examples of the "tailored" of the document using the summary'tables to select portion of the questionnaire are contained in Ap- states and territories that merit closer investiga- pendix B. tion. At the back of the volume, some additional references are given for other types of information Project taff gave assistance to the state not included in the present edition. court administrative offices in filling out the questionnaires through telephone discussions. Limitations Follow-up letters and telephone calls were made in an effort to ensure a response rate as close to One of thereasona4\torproducing the State 100% as possible. Responses were eventually re- Court Organization, 1980 was to produce a single ceived from all but 2 tates and 2 territories. source for a great vareety of court organization data. Much of the information contained in this As questionnaires were returned from the state volume has been available separately in the past court administrative offices, data were entered on in a number of different reports prepared by the summary tables and the narrative profiles were different groups. The very process of gathering corrected to reflect information upplied on the this information together has itself caused some questionnaires. Data from other sources were col- problems with the comparability of data in this lected and entered on summary tables. A follow-up volume. questionnaire, requesting verification by the states of data gathered from other sources was An effort was made to ensure that data present- "tailored" for each state and mailed out. Examples ed here would be as current and, at the same time, taken from the follow-up questionnaire are grtten in as uniform as possible. State court administrative Appendix B. Data already entered on the summary offices were asked to use January 1, 1980, or the tables and contained in the organizational charts court/fiscai/administrative year ending closest to and narratave profiles were corrected using the that daCe as the point in time for data they sup- follow-up questionnaires returned by the states. plied. During the time between data collection and Supporting material for the final volume was writ- the final publication of the document, the adminis- ten, and the entire document was prepared for pub- trative and organizational structures of the var- lication. ious court systems may have undergone changes. Where these changes could be nnticipated (for ex- How to Use this Document ample, the planned creation or eliminition of certain courts, the proposed addition of judges to The Surveyo#CoUrt Organization has been div- existing courte, or adopted but not yet enacted ided into-two bections for ease of reference. nart changes in court jurisdiction), they were included I consists of 36 tables containing data from all in the document along with their anticipated effec- the states and other jurisdictions covered in the tive dates. Subsequent changes must await periodic dncument and describing particular facets of court updates of this volume. organization, structure, and administration. Data given are summary in nature. Subject matter The wide variety of sources for material in cofvered by the tables is diverse, including de- this document has also created problems of data scriptionsyof justices and judges.positions at all comparability. Generally, each table is internally levels of court; court jurisdiction; methods of consistent with respect to time periods and item judicial selection; the selection, qualification, definitions, but among tables or among tables and and use of jurors, state-level court administrative profiles, particularly where the table. were coil- lffices; and descriptions of judicial disciplinary structed using data from outside sources, time per- -

4::odies. The table format allows the reader to se- rods and item definitions are certain to vary to

3 ome extent. Comparisons between the narrative the information contained in this volume, a glos- profiles and ummary tables may, in ome cases, be' sary of the definitions of term used in the.docu- misleading, since they reflect data collected for ment (for example, lull-time.equivalent) is con- different time periods from different ources. tained in Appendix C. Definitions of court terms Every attempt was made by project taff to maintain used in this document, in particular, definitions at high a level of internal consistency as possible of case-types, are those given in the State Court among the various stctions of the document, but Model Statistical Dictionary previously produced

. some unresolved conflicts may remain. To assist by the NCSP. in eliminating some of the problems of interpretiNg

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.. , Part I: State Court OrganizationeSummaryData

> Table 1Justices of courts of last resort, 1980. Name of court, number of authorized justices, methodof selection, term, and salary. Salary of Number of Method of selection Term of authorized of justices justices justices (other than Chief Justice) State and court title justices (other than Chief Justice)

6 years $42,265 ALASAMA --Supreme Court 9 Partisan election 10 years $52,992 to $60,410 ALASKA - -Supreme Court 5 Merit plant 6 years $47,500 ARIZONA- -Supreme Court 5 Merit plant, retention election 8 years $42,399 ARKANSAS - -Supreme Court 7 Partisan election 12 years $69,386 CALIFORNIA- -Supreme Court 7 Appointed by Governor and confirmed by the Commission on Judicial Appointments

10 years $40,000 to $45,600 COLORADO - -Supreme Court 7 Merit plant 8 years $42,400 CONNECTICUT- -Supreme Court 6 Nominated by Governor and appointed by General Assembly 12 years $49,000 DELAWARE - -Supreme Court 5 Merit plant 6 years $48,525 FLORIDA- -Supreme Court 7 Merit plant 6 years $48,530 GEORGIA - -Supreme Court 7 Merit plant 10 years $45,000 HAWAII - -Supreme Court 5 Merit plant 6 years $38,000 IDAHO- -Supreme Court Am." 5 Nonpartisan election 10 years $58,000 ILLINOIS - -Supreme Coukt 7 Partisan election 10 years $42,000 (with INDIANA - -Supreme Court 5 Merit plant $3,000 subsistence allowance)

8 years $49,000 ICMA - -Supreme Court 9 Merit plant 6 years $38,500 KANSAS - -Supreme Court Merit plant 8 years $49,000 KENTUCKY- -Supreme Court 7 Nonpartisan election 10 years $61,635 LOUISIANA- -Supreme Court 7 Nonpartisan election 7 years $34,240 MAINE - -Supreme Judicial Court 7 Appointed by Governor and confirmed by legislature 10 years $56,200 MARYLAND- -Court of Appeals 7 Merit plant

MASSACHUSETTS - -Supreme Judicial To age 70 $50,000 Court 7 Merit plant 8 years $60,500 MICHIGAN - -Supreme Court 7 Nonpartisan election 6 years $56,000 MINNESOTA- -Supreme Court 9 Nonpartisan election 8 years $46,000 MISSISSIPPI - -Supreme Court 9 Partisan election 12 years $50,000 MISSOURI - -Supreme Court 7 Merit plant 8 years $40,000 WRITANA- -Supreme Court 7 Nonpartisan election '6 years $43,000 NEBRASKA - -Supreme Court 7 Merit plant 6 years $47,250 NEVADA - -Supra= Court 5 Nonpartisan election To age 70 $40,810 NEW HAMPSHIRE - -Supreme Court 5 Appointed by Governor with concurrence of a majority of the members of the Executive Council 7 years $56,000 NEW JERSEY - -Supreme Court 7 Appointed,by Governor with advice and consent of Senate

itop

or.

44 Salary of Number of Method of selection Term justices (other authorised of justices of justices than Chief Justice) State and court title justice. (other than Chief Justice)

alg 8 years $38,165 NEW MEXICO- -Supreme Court 5 Partisan election lit year. $72,000 NEW YORK- -Court of Appeal. 7 Merit plant 8 years $54,288 NORTH CAROLINA--Supreme Court 7 Partisan'election 10 years $39,200 NORTH DAKOTA- -Supreme Court 5 Nonpartisan election 6 years $51,000 OHIO- -Supreme Court 7 NOnpartisan election 6 years $48,000 OKLAHOMA- -Supreme Court 9 Merit plant 6 years $48,000 Court of Criminal Appeals 3 Merit plant 6 years.4451,356 OREGON- -Supreme Court 7 Nonpartisan election 10 years $55,000 PENNSYLVANIA - -Supreme Court 7 Partisan election Life $43,572 to$52,286 RHODE ISLAND- -Suyreme Court 5 Appointed by state legislature in grand committee

10 years $55,088 SOUTH CAROLINA- -Supreme Court 5 Elected by legislature 8 years $35,000 SOUTH DAKOTA- -Supreme Court 5 Nonpartisan election 8 years $57,799 TENNESSEE - -Supreme Court 5 Partisan election 6 years $56,700 TrA.AS- -Supreme Court 9 Partisan election 6 years $56,700 Court A Criminal Appeals 9 Partisan election 10 years $38,000 UTAH--Supreme Court 5 Merit plant 6 years $31,630. VERMONT- -Supreme Court 5 Merit plant 12 years $54,000 VIRGINIA- -Supreme Court Elected by majority of vote of each house of the General

- Assembly 6 years $51,500 WASHINGTON--Supreme Court 9 Nonpartisan election WEST VIRGINIA- -Supreme Court of 12 years $38,000 Appeals 5 Partisan election 10 years $56,016 WISCONSIN - -Supreme Court 7 Nonpartisan election 8 years $48,500 WYOMING- -Supreme Court 5 Merit plant

AM/RICAN SAMOA- -Appellate Life $51,244 " Division of the High Court 7 Appointed by the U.S. Secretary of the Interior DISTRICT OF COLUMBIA - -Court of 15 years $51,750 Appeals 9 Merit plant Guam does not have iteown court of last resort.) GUAM (Does not apply. To age 70 $36,000 PUERTO RICO- -Supreme Court 8 Appointed by Governor and confirmed by Senate The Virgin Islandi d9 not have their own court of lastresort.) VIRGIN ISLANDS (DoesIapply.

Key: JustiCes are selected through a state merit plan. Refer to Table. 11 and 12 for a description of44. state merit plan. 4" State Court Administrators; NCSP staff review of statestatutei; National Center for State Courts, 8u1vey. Source: Number of Judicial Salaries, (Williamsburg, Virginia: National Center for State Courts, 1980), Volume 6, Annual Report. 1977 1, pp. 4-11; Nstional Court Statistics Project, StateCourt Caseload Statistics: and 1978, (Williamsburg, Virginia:VWtional Center for State Courts, 1981).

et,' 3

7 Table 2: Chief justicetrof courts of last resort, 1980. Title, method of selection, term, mnd salary.

State Title Method of selection Term as Chief Justice Salary

41'i.ABANA Chief Justice Partisan election 6 years $42,800 ALASKA Chief Justice Court election 3 years $52,992 to $60,410 ARIZONA Chief Justice Court election 5 $47,500 ARKANSAS 6. Chief Justice Partisan election 8 ye rs $46,253 CALIFORNIA Chief Justice Merit plant 12 years $73,723 4

COLORADO Chief Justice Courtelection Pleasure of court $42,500 to $48,400 CONNECTICUT Chief Justice Meritplant 8years $46,640 DELAWARE Chief Justice Meritplant 12years $49,500 , FLORIDA Chief Justice Courtrotation 2years $48,525 GEORGIA Chief Justice Court_election Remainder of term $48,530 as Justice

HAWAII Chief Justice Merit plant 10 years $47,500 IDAHO Chief Justice Just" with shortest time Remainder of term $38,000 to serve as justice ILLINOIS Chief Justice Court. election 3 years $58,000 INDIANA Chi Justice Merit plant 5 years $42,000 (with subsistence allowance) IOWA Chief Justice Court election Remainder of term $54,000 ,/ as justice

.1 KANSAS Chief Justice Seniority of service Remainder of service $39,500 as a Justice KENTUCKY Chief Justice Court election 4 years $50,000 LOUISIANA Chief Justice Seniority of service Remainder of service $61,635 4 as a Justice MAINE Chief Justice Appointed by Governor with 7 years $35,845 consent of Senate MARYLAND Chief Judge Merit plant Remainder of service 457,800 as a judge

MASSACHUSETTS Chief Justice Merit plant Remainder of service $52,000 as a justice MICHIGAN Chief Justice Court election 2 years $60,500 MINNESOTA Chief Justice Nonpartisan election 6 years $59,000 MISSISSIPPI Chief Justice Seniority of service Remainder of service $47,000 as a justice MISSOURI Chief Justice Court rotation 2 years $52, 500

MONTANA Chief Justice Nonpartisan election 8 ye $41,000 NEBRASKA Chief Justice Merit plant 6 years $43,000 NEVADA Chief Justice Justice with the shortest 2.years $47,250 time.to serve NEW HAMPSHIRE Chief Justice Appointed by Governor Remainder of service $42,400 and Executive Council as a justice NEU JERSEY Chief Justice Appointed by Governor with 7 years; reappointed $58,500 consent of Senate to age 70

40e"

t Term as Chief justice Salary Stat Title Method of selection Remainder of term $38,165 NEW j4EXICO fr.) Chief Justice Court election is justice 14 years $75,000 NEW YORK Chief Judge Merit plant 8 years $55,440 NORTH CAROLINA Chief Justice Partisan election 5 >Tars unless term $40,700 NORTH DAKOTA Chief Justice ElectiRd by supreme and district judges expires earlier 6 years $55,000 OHIO Chief Justice Nonpartisan ballot

OKLAHOMA: 2 years $48,000 Supreme Court Chief Justice Court rotation Courtof criminal 2 years $48 ,000 Appeals PresiMing Judge Court rotation 6 years $52,637 OREGON . Chief Justice Court election Remainder of service $57,500 PENNSYLVANIA Chief Justice ,,Seniority of service as a justice Life $44,732 to $53,678 RHODE ISLAND Chief Justice Appointed by legislature

10 years $62,177 SOUTH CAROLINA Chief Justice Elected by legislature 4 years $37,000 SOUTH DAKOTA Chief Justice Court election Pleasure of court TENNESSEE Chie Justice ',Gourt rotation TEXAS: 6 years $57,200 Supreme Court Chief Justice Partisan election Court of Criminal 6 years $57,200 Appeals Presiding Judge Partisan election Remainder of term $38,500 UTAH Chief Justice Justice with shortest time to serve as justice 6 years $37,180 VERMONT Chief Justice Appointed by Governor with consent of Senate Remainder of service $56,500 VIRGINIA Chief Justice Seniority of.aervice as a justice Justice with shortest time to 2 years $51,500 WASHINGTON Chief Justice serve 1 year $38,000 WEST VIRGINIA Chief Justice Court rotation ReMainder of service $63,32e WISCONSIN Chief Justice Seniority of service as a justice Pleasure of court $48,500 WYOMING Chief Justice Court election $60,000 AMERICAN SAMDA Chief Justice Appointed by Governor 4 years $52,250 DISTRICT OF COLUMBIAChief Justice Merit plant court of last resort.) GUAM (Does not apply. Guam does not have its own To age 70 $36,600 PUERTO RICO Chief Justice Appointed by Governor with consent of Senate theirown courtof last resort.) VIRGIN ISLANDS (Does not applP! The Virgin Islands do not have

Key: :)iption of Chief justice is selected through a state meritplan. Refer to Tables 11 and 12 for a de 1)(-1t state merit plan. Statutes; National Center for State Courts,Survey of Source: State Court Administrators; staff review of State National Center for State Courts, 1980), Volume6, timber 1, Judicial Salaries, (Williamsburg, Virginia: Annual Report 1977-78, pp. 4-lI; National Court StatisticsProject, State Court Caseload Statistics: (Williamsburg, Virginia: National Center for State Courts, 1981).

11.

.00 Table 3:Judges of intermediate appellate courts, 1980. Name of court, number of court districts, number of authorized judges, method of selection, term, and salary. IV 0 N 0 N . U ..4 W ...., W Ww

State and court title Method of selection Term Salary

ALABAMACourt of Criminal Appeals ... 1 5 Partisan election 6 years $40,660 .....,Y--

Court of Civil Appeals 1 3 Partisan election 6 years $40,660

ALASKACourt of Appeals 1 3 Merit plant rs $69,246

ARIZONA--Court of Appeals 2 12 Merit plant $45,500

ARKANSASCourt of Appeals 1 6 Partisan election 8 years $39,803

CALIFORNIA--Courts of Appeal 5 59 Appointed by Governor and 12 years $68,303 confirmed by Commission Judicial Appointments

COLORADO Court of Appeals. 1 10 Merit plant 8 years $37,000$41,500

CONNECTIWTAppellate Sessions

of tfie Superior Court 1 3b Appointed by Chief Court At the plea $30,210$40,810 Administrator from among sure of the Superior Court judges Chief Court Administrator

FLORIDA--District Court of Appeal 5 39 Merit plant 6 years $46,063

GEORGIA--Court of Appeals 1 9 Partisan election 6 years $48,842

HAWAIIIntermediate Court of Appeals 1 3 Merit plant 10 years $43,750

IDAHO--0Ourti4fAppealsa 1 3 Nonpartisan electionc 6 yearsc Not established

ILLINOIS--Appellate Court 5 34f Partisan election 10 yearsd $53,000

INDIANA Court of Appeals 4 12 Merit plant 10 years fW2,UOU (with $3,000 subsistence allowance)

IOWACourt of Appeals 1 5 Merit plant 6 years -$46,500

KANSASCourt of Appeals 1 7 Merit plant 4 years $37,000

KENTUCKY--Court of Appeals 14 Nonpartisad ballot 8 years $47,000

LOUISIANA--Court of Appeal 4 33 Nonpartisan election 10 years $58,673

MARYLANDCourt of Special Appeals 1 13 Merit plant 10 years $53,500

MASSACHUSETTSAppeals Court 1 10 Merit plaht To age 70 $47,000

MICHIGAN--Court of Appeals 3' 18 Nonpartisn election 6 years $55,550

MISSOURI--Court of Appeals 3 30 Merit planf 12 years $47,500

NEW JERSEY--Appellate Division of $53,000

the Superior Couit 1 21 Appointed by Governor 7 years with advice and con sent of the Senate

10 Term Salary State and court title Method of selection 8 years $36,456 NEW KEXICO- -Court of Appeals 1 7 Partisan election

NEW YORKAppellate Divisions of 5 years $62,000 the Supreme Court 4 24 Writ plant Appellate Terms of the Supreme Appointed by Chief Admin- 14 years $58,000 Court 3 9e istrator and approved by the Presiding Judge of the ApidEllate Division

8 years $51,396 NORTH CAROLINA- -Court of Appeals 1 12 Partisan election

$47, 000 0810--Court of Appeals 11 44 Nonpartisan election 6 years

$45, 000 ORLAHOMA--Court of Appeals 2 6 Nonpartisan election 6 years'

6 years $50,134 OREGON--Court of Appeals 1 10 Nonpartisan election

10 years $53,000 PENNSYLVANIASuperior Court 1 7 Partisan election 10 years $53,000 Commonwealth Court 1 9 Partisan election

6 years Not established SOUTH CAROLINA- -Court of,Appeals4 1 5 Elected by legielature

8 years $52,983 TENNESSEECourt of Appeals 1 12 Popular election 8 years $52,983 Court of Criminal Appeals 1 9 Popular election 6 years $48,200 (CJ) TEXAS--Courts of Civil Appeals 14 51 Partisan election $47,700 (AJ)

6 years $48,100 WASHINGTON--Court of Appeals 3 16 Nonpartisan election $51,372 WISCONSINCourt of Appeals 4 12 Nonpartisan election 6 years

this table. Note: Only states with intermediate appellate courts are included on le Key: CJ Chief justice AJ Associate justice Refer to Tables 11 and 12 for a description of the state t Judges are selected through a state merit plan. merit plan.

'Court of Appeals hes been established by the legislature. It is to be implemented in 1981. bThree judges of the Sup4T or Court of Connecticut are selected to serve as judgesof the Akpealate Sessions. cUpon imilementation of t is court, initial judges will be appointedby the governor to staggered terms. dInitialulterm is 2 years. After retention 'election, subsequent terms are 10 years. eNine judges of the Supreme Court, the New York court of generaljurisdiction, serve as judges of the Appellate Term. tThe Illinois Appellate Court is also served by 7 judges on assignment from theCircuit Court or recalled from retirement. gThe New Jersey Appellate Division of the Superior Court has 22 judgesauthorised but one is designated as the state court administrator. statutes; National Center for State Courts, Survey Scluree: State Court Administrators; NCSP/staff review of state of Judicial Salaries, (Williamsburg, Virginia: National Center for State Courts, 1980), Volume 6, Numb r 1, pp. 4-11; National Court Statistics Project, State CourtCaseload Statistics: Annual Report 1977 anil 78, (Williamsburg, Virginia: National Center for State Court, 1981).

11 Table 4:Judges of courts of general jurisdiction,1980. Name of court, number of authorized judges, term, andsalary.

Number of Salary authorized Term Local State and court title judges (years) Base amount supplement

ALABAMA--Circuit Court 113 6 $34,000 $1,200 to $14,000 ALASKA--Superior Court 21 6 $66,900 to $78,608 ARIZONA--Superior Court 80 4 $43,500 ARKANSAS-Circuit Court 33 4 $39,441 Chancery Court and Probate Court 30 6 $39,441 CALIFORNIA--Superior Court 607 6 $56,915

COLORADO--District Court 106 6 $33,000 to $38,350 CONNECTICUT--Superior Court 110 8 $30,210 to $40,810 DELAWARE-- Superior Court 11 12 $46,500 (PJ) $46,000 (AJ) Chancery Court 3 12 $46,500 (C) $46,000 (VC) FLORIDA--Circuit Court 302 6 $43,709

GEORGIA--Superior Court 110 4 $41,328 $15,288 HAWAII--Circuit Court 25 10 $42,500 Land Court (1 Circuit Courtjudgeserves) Tax Appeal Court (1 Circuit Courtjudgeserves) IDAHO--District Court 29 4 $35,000 70 M 4 $10,500 to $28,000 ILLINOIS--Circuit Court 677 6 $50,500 4 (U) $45,000

INDIANA-Circuit Court 88 6 $35,000 to $37,500 Superior Court 83 6 $35,000 to'$37,500 IOWA-Distris, Court 92 FT;3 PT '6 $45,500 13 AJ 4 $43,500 17 judicial M 4 $36,000 9 substitute M 166 FT M 2 $10,000

KANSAS-District Court 70 4 $34,750 67 (AJ) 4 $32,667 Up to $1,000 74 M (73.5 FTE) 4 $14,000 to $17,996

KENTUCKY--Circuit Court . 91 8 $45,000 LOUISIANA-District Court 161 6 $55,712 MAINE--Superior Court 14 7 $33,705 MARYLAND-Circuit Court 97 15 $52,500

MASSACHUSETTS--Superior Court Department 56 Lifs $42,500 to $44,500 Housing Court Department 3 Life $42,500 to $44,500 Land Court Department 3 Life $42,500 to $44,500

Probate and Family Court Department . 33 Life $42,500 to $44,500 Boston Municipal Court Department ... 9 Life $42,500 to $44,500 Juvenile Court Department 7 Life $42,500 to $44,500 District Court Department 153 Life $42,500 to $44,500

MICHIGAN--Circuit Court 147 6 $33,275 $5,500 to $22,710 Recorder's Court of Detroit 26 6 $55,757 MINNESOTA-District Court 72 6 $48,000 MISSISSIPPI-Circuit Court 30 4 $41,000 Chancery Court 35 4 $41,000 MISSOURI--Circuit Court 131 6 $45,000 169 (AJ) $32,500 to $38,500 (AJ) MONTANA--District Court 32 6 $39,000 NEBRASKA-District Court 45 6 $39,500 Up to $1,500

ía 12 number of authorized judges, term, and salary. Table 4: Courts of general jurisdiction-muse of state court,

Number of Salary Local 4 authorized Term (years) Base amount supplement State and court title judges $43,000 NEVADA--District Court 29 4 $43,590 (CJ) NEW HAMPSE4RE-Superior Court 15 Until age 70 $42,450 (AJ) Life $51,500 NEW JERSEY--Superior Court 214 $35,317 NEW MEXICO-Eristrict Court 44 6 $58,000 NEW YORK--Supreme Court 263 14 $48,000 to $58,000 County Court 104 10 $45,636 NORTH CAROLINA--Superior Court 66 8 $36,750 NORTH DAKOTA-District Court 24 6 $33,000 to $43,500 OHIO--Court of Common Pleas 313 6 $40,000 OKLAHOMA--District Court 71 district judges 4 77 associate 4 $30,000 to $36,000 district judges 50 special judges No fixed term$30,000

$46,586 OREGON--Circuit Court 75 6 6 $47,174 Tax Court 1 PENNSYLVANIA-Court of Common Pleas 285 10 $47,500 (PRA $45,000 (AJ) $42,411 to $50,893 (PJ) RHODE ISLAND-Superior Court 19 Life, $41,251 to $49,501 (AJ) $55,088 SOUTH CAROLINA--Circuit Court 31, 6 $40,000 to $41,000 SOUTH DAKOTA--Circuit Court 36 judges 8 7 FT lawyer M 4 Up to $31,115 11 PT lawyer M 22 lay M Up to $12,344 65 clerk/M 8 $48,166 TENNESSEE--Circuit Court 58 , $48,/66 Criminal Court 26 8 $48,166 Chancery Court 27 8 $48,166 Law.and Equity Court 5 8 $40,500 Up to $14,200 TEXAS-District Court 310 4 $36,000 UTAH--District Court 24 6

6 $37,630 VERMONT--Superior Court 1 (ADJ) 9 $35,550 28 (ASJ) 4 $41.50 per day $47,000 V1RGINIA-Circuit Court 111 8 $44,700 WASHINGTON--Superior Court 118 $38,000 WEST-VIRGINIA--Circuit Court 60 8 $49,176 WISCONSIN--Circit Court 190 6 $46,000 WYOHING--District Court 15 6

AMERICAN SAMOA - -High Court of (Information not available) American Samoa 7a 4 $49,550 (CJ) DISTRICT OF COLUMBIA - -Superior Court 44 15 $49,050 (AJ) (Information not available) GUAM--Superior Court 5 8 PUERTO RICO--Superior Court 92 12 $30,000

Key: ADJ Administrative judge FTE Full-time equivalent AJ Associate judge M Magistrate Presiding judge ASJ Assistant judge PJ C Chancellor PRJ President judge Chief jUdge FT Part -tiem CJ F. FT Full-time VC Vice chancellor

!The general jurisdictioe divisions of the High CourtofAmerican Salem are served by 2 justices and "not less than" 5 judges. State Courts, Survey of Judicial Salaries Source: State Court Administrators; National Center for (Williamsburg, Virginia: July, 1980).

13 Table 5:Judges of courts of limited or special jurisdiction, 1980. Name of court, number of authorized judges, term, and salary.

Number of authorized State and court title judges Term (years) Salary

ALABAMA - -District Court 88 6 $24,750; $11,000 (LS) Probate Courit 67 6 $ 300 to $38,000 Municipal Cobrt 215 4 (FT) $ 500 to $33,400 2 (PT)

ALASKA--District Court 23 (FT) 4 (FT) $54,480 to $64,104 46* (PT) (PT determined by $ 8,683 to $45,884 local authorities) ARIZONA--Justice of the Peace Court 84 4 $8,000 to $20,500 City Magistrate Court 94 Provided by city Up to $46,342 (set by ordinance Mayor and City Council)

ARKANSAS-Municipal Court 4 (FT) 4 $ 2,400o $35,500 94 (PT) Courty Court 75 2 $ 9,000 to $24,000 Court of Common Pleas (a) 2 $ 100 to $900e Justice of the Peace Court 2 2 $ 1,200 to $3,600 Police Court 3 2 $ 1,200 to $3,600 City Court 76 $ 1,200 to $3,600

CALIFORNIA-Municipal Court 472 6 $52,366 Justice Court 96 6 $42,345

COLORADO--Superior Court 1 6 $42,500 Denver Juvenile Court 3 (PT) 6 $42,500 Denver Probate Court 1 6 $42,500 County Court 108 (89.3FTE) 4 $ 7,300 to $32,850 ($36,500 in Denver) Municipal Court 15 (FT) Setby local Set by local ordinance 225 (PT) ordinance

CONNECTICUT-Probate Court 130 4 Fees up to $40,810

DELAWARE--Court of Common Pleas 5 12 $45,500 (CJ); $45,000 (AJ) Family Court 12 12 $45,500 (CJ); $45,000 (AJ) Municipal Court of Wilmington 3 12 $32,748 (CJ); $31,579 (AJ) $13,684 (AJ-47) Alderman's court 20 Set by local Set by local ordinance ordinance Justice of the rt 54b 4 $17,000

FLORIDA--County Cou 198 4 $41,248

GEORGIA-Trobate Court 159 4 $ 7,200 to $44,254 Juvenile Court 48 4 $22,079 to $45,519(FT) $ 3,000 to $25,620(PT) Justice of the feachlOr 1,531 4 (Not available) State Court 77 4 $15,000 to $44,800(FT) $ 2,400 to $24,000(PT) Small Claims Court 97 (PT) 4c (Not available) Municipal Court (in Savanah and Columbia) 2 4 Op to $49,779 Magistrate Court ... 5 4d (Not available) County Court 2e 4 k $ 3,600 to $12,000 A Civil Court 3 4 (Not available) .7- Recorder's Court 259 (PT) (Not available) (Not available) Mayor'rCourt 129 (PT) (Not available) (Not available) City Council Court 6 (Not available) (Not available) Criminal Court, Police Court, and Municipal Court (other locations)...(Not available) (Not available) (Not available)

14 Number of authorized Salary State and court title Judges '/rern (years)

$40,000 HAWAII--District Court 18 (FT) 6

$30,500 INDIANA-County Court 65 4 $35,000 to $37,500 Probate Court 1 Municipal CouA of Marion County . 15 4 $35,000 to $37,500 Small Claims Court,of Marion County 8 4 (Not available) (Nbt available) City Court 47 4 (Not available) Town Court 19 4 Up to $18,678 KANSAS-Municipal Court 1 (FT) 2 355 (PT)

KENTUCKY--District Court 123 4 $38,500

$55,712 LOUISIANA-Juvenile Court 9 6 (Not available) Family Court 3 6 11 (FT) 6 $17,600 , City Coutt 49 (PT) ($46,060 in New Orleans) $35,000 to $49,800 Parish Court 5 6 Municipal Court of New Orleans 4 (PT) 8 $17,600 Traffic Court of New Orleans 4 (PT) 8 $17,600 $ 1,200 to $1,800 Justice of the Peace Court 376 (PT) 4 (Not available) Mayor's Court 250 (PT) 4 $34,347 (CJ); $33,202 (AJ) MAINE--District Court 20 7 $34,347 (CJ); $33,202 (kJ) Probate Court 16 4 (Not available) Administrative Court 2 7 $53,500 (CJ); $45,500 (AJ) MARYLAND-,-District Court 87 10 600 to $22,00 (PT) Orphans' Court 66 (PT) 4 $ $9,950; LS up to $20,070 MICHICAN-Diitrict Court 214 6 $29,950 (FT); LS up to $22,675 Probate Court 106 6 $9,000 to $18,000 (PT) $ 3,000 to $17,470 Municipal Court 8 4 Common Pleas Court ofDIeroit 13 6 $48,659

MINNESOTA--Probate Court 2 6 $48,000 $48,000 (Leiined in law) County Court 136 6 $29,500 (Not learned in laW County Municipal Court 28 6 $48,000 Conciliation Court (County Judges and hearing officers serve.)

MISSISSIPP4-County Court 13 (FT) (Not available) $ 5,400 to $40,000 7 (PT) 4 $29,000 Family Court 1 Justice Court 420 4 Locally set Locally set Municipal Court 150 (PT) Locally set

MONTANA-Justice Court 90 4 Up to $23,000 City Court . 100 Indefinite Variable Set by ordinance Municipal Court 2 4 Water Court (Four District Court judges serve.)

NEEKASKA-County Court 43 6 $28,500 to $34,450 Municipal Court 13 6 $35,700 $39,500; $1,500 supplement for Separate Juvenile Court 4 6 population exceediftg 150,000 Workman's Compensation Court 5 6 $37,050

15 Table 5: Judges of courts of limited or special jurisdiction, 1980 (continued)

Number of authorized

State and court title judges / Term (years) Salary

NEVADA--Justices' Court \ 60f 4 $ 434 to $32,000 Municipol Court 21 IR $ 1,080 to $32,000

NEW HAMPSHIRE-Probate Court 10 (PT) Until age 70 $13,718 District Court 9 (FT) Until age 70 $ 4,100 to $42,450 75 (PT)

MUnicipal Court S (SJ) Until age 70 $ 600 to $5,100 15 (PT)

NEW JERSEY--County District Court 39 (Not available) Juvenile and Domestic Relations Court 33 (Not available) $48,000 Surrogate's Court 21 5 Up to $35,900 Municipal Court 2 (FT) 3 Up to $40,000 370 (PT) Tax Court 9 (FT) 7 (Not available)

NEW MEXICO- -Magistrate Court 11 (FT) 4 $ 4,830 to 22,329 61 (PT) Municipal dglirt 96 4 $28,139' Probate Court 32 2 $ 1,000 to $7,040

Small Claims Court of Alburquerqueh 1 4 Metropolitan Court of Bernalillo Countyh 11

NEW YORK--Surrogates' Court 35 10; 14 in NYC $48,000 to $58,000 ($56,098 in NYC) Family Court 107 10 $48,000 to $58,000 ($48,603 in NYC) , Civil Court of the City of New York 120 10 $51,000 Criminal Court of the City of New York 98 10 $511,000 District Court 49 6 $49,000 to $54,000 City Court (outside the City of New York) 101 (FT) Varies $43,000 to $50,000 60 (PT) qc Court of Claims . 17 $58,000 to $62,000 26 (SJ)i $58,000 (SJ) Town Justice Court and Village Justice Court 2,424 (FT) 4 $45,496.to $56,098

NORTH CAROLINA--District Court 136 4 $38,412 (CJ); 436,960 (AJ)

NORTH DAKOTA--County Court -iv . 36 4 $11,900 to $12,290 County Court with Increased Jurisdiction 17 4 $23,819 to $31,305 County Justice Court 36 4 Up to $7,000 Municipal Court 190 4 See by each municipality

OHIO--Municipal Court 189 6 $28,750 to $38,750 (FT) $15,000 to $25,000 (PT) County Court .59 (PT) 6 $ 6,500 to $13,500 (PT) Mayor's Court . 690 Determined by (Not available) Mayor's poli4ical term. Court of Claims (Served by Ohio appellate or general jurisdiction judges on temporary assignment.)

16 Number of authorized Salary State and court title judges Term (years)

OKLAHOMA--Municipal Criminal Court of Set by local ordinance Record 6 (FT) 2 13 (PT) by local ordinance Municipal Court Not bf Record 1 (FT) 2 533 (PT) Court of Bank Review (Three District Court judges serve.) Court of Tax Review, (Three District Court judges serve.) Worker's Compensation Court (Seven District Court Judges serve.)

$41,757 OREGON--District Court 55 6 $ 1,020 to $16,800 Justice Court 40 6 (Not available) County Court 9 6 $29,664 (FT) Municipal Court 193 (Not available) $ 2,100 to $22,020 (PT)

PENNSYLVANIA--District Justice Court 555 6 $14,500 to $23,500 (Not yet established) Community Court1 (j) 10 $41,500 (PJ); $40,000 (AJ) Philadelphia Municipal Court 22 6 $22,000 (PJ); $21,000 (AJ) Philadelphia Traffic Court 6 1 Pittsburgh Magistrates Codrt 6 4 (at the pleasure (Not available) of.the mayor)

$45,380 to $54,456 (CJ) RHODE ISLAND--Famlly Court 11 Life $44,139 to $52,966 (AJ) $42,300 to $50,760 (CJ) District Court 13 Life $41,058 to $49,269 (AJ) Up to $12,069 Probate Court 39 (PT) 2 Municipal Court 5 (PT) 2 (Not available) $47,275 SOUTH CAROLINA--Family Court 46 4 Probate Court 46 4 Locally set Magistrate's Court 330 2 or 4 Locally set Locally set Municipal Court 250 4

TENNESSEE--County Court 68 4 Locally set General Sessions Court 92 8 $ 1,800 to $36;380 Locally set Probate Court 2 Locally determined Locally set Juvenile Court 6 Locally determined Locally set Trial Justice Court 2 8 Municipal Court 192 Locally determined Locally set

TEXAS--County Courts: Constitutional County Court 254 4 $ 600 to $61,137 $ 5,764 to $59,900 County Court of Law 98 4k $ 5,764 to $54,587 Probate Court 8 (Not available) $18,000 to $24,000 Justice of the Peace.,Court 972 4 2k Municipal Court 863 Up to $34,000

UTAH--Circuit Court 33 6 $32,400 Varies up to 75% of Circuit ,Justice Court 170 4 Judge's salary ($24,300) $36,000 Juvenile Court 9 6

VERMONT- -District Court 14 6 $35,550 $ 7,290 to $27,6508 Probate Court 19 (PT) 4

VIRGINIA--General District Comrt 83 (FT) 6 $42,300 15 (PT) Juvenile and Domestic Relations $42,300 District Court 65 6

4 Up to $44,700 WASHINGTON--Municipal Court 206 . $35,000 District Court 63 (FT) '4 31 (PT) Justice of the Peace Court 21 4 $ 1,500 to $22,500f

;i Table 5:Judges of courts of limited or special jurisdiction, 1980(continuelf)

Number of authorised State and court title judges Term (years) Salary

WEST VIRGINIAMagistrate Court 150 , 4 $14,000 to $21,000 Municipal Court 54 Locally set Locally set ) WI§CONSINMuhicipal JusticeCourt 216 2 or 4, laally Locally set set

WYOMING --County Court 4 4 $25,000 to $32,500 Justice of the Peace Court 43 (PT) 4 $ 4;800 to $15,000 (Fixed by Board of County Commissioners) Municipal Coriirt 77 (PT) Locally set Locally set, not to exceed $10,000

AMERICAN SAMOADistrict Court 1 $32,000 Village Court (Associate justices of the High CoUrt of American Samoa serve.)

PUERTO RICO--District Court 99 8 $24,000 Municipal Court 60 5 $15,000 to $16,000

VIRGIN ISLANDS--Territorial Court of Virgin Islands 6 6 $47,500 (PJ); $45,000 OW

Key: AJ Associate judge LS Local supplement CJ Chief judge PJ Presiding judge FT! Full -Ulm equivalent PT Part-time FT SJ Special judge aCounty judges also serve the Arkansas Common Pleas Court and are paid basedon case volume. bThe DelaWare Justice of the Peace Court is served by 53 justices of thepeace and 1 chief magistrate. cThe term of judges in the Georgia Small Claims Court varies from 1to 4 years, but isIgenerally 4 years. dIn Rockdale County, Georgia, judges of Magistrate Courtserve 2-year terms. fiOne probate judge also serves the Georgia County Court. fNiSe justices of the peace An Nevada alsoserve as Municipal Court judges. SThe term for the Nevada Municipal Court is n unless changed by local ordinance. bThe Metropolitan Court of Bernadillo Count to be established on July 1,1980. The Small Claims Court of Alburquerque will be abolished at that ti iSpecial judges in the Court of Claims in New Yo been appointed pursuant to Chapter 603, Laws of 1973, Emergency Dangerous Drug Control Program. They serve until the-termination of their judgeship. 3Pennsylvania law provides for the creation of the Community Court butas yet none has been created. bThol term is genebelly as given in these Texascourts, but it can vary. 'Judges in the Washington Justice of the Peace Courtare considered as full-time if they receive a salary greater than $12,500.

Source: State Court Administrwrs.

18 Table 6:Qualifications of appellate justices and judges, 1980: LicS. citizenship, legal training andlicensing, residency,age, and legal experience.

Admitted Residency requirement Age U.S. Law to state prior to serving (years) require Legal State citizenship degree bare State District ments: experience

ALABAMA Yes Yes Yea 5 over 25 ALA3KA Yes Yes Yes 3 8 years ARIZONA Yes Yes Yes 10b over 30 10 yearsb ARKANSAS Yes Yesc 2 over 30 8 years CALIFORNIA r Yes Yee Yes over 28 10 years

COLORADO Yes Yes Yea 1 5 years CONNECTICUT Yes DF.LAWARE Yes FLORIDA .. Yes Yes Yes GEORGIA Yes Yes 3 over 30 7 year s

HAWAII Yes Yes Yes 1 10 yearr

IDAHO Yes Yes Yes 1 between 30 ,and 70 ILLINOIS Yes Yes Yes . INDIANA Yes Yes Yes 5 sover 21 10 yearsd IOWA Yes Yes Yes

KANSAS Yes over 30 10 years KENTUCKY Yes Yes Yes 2 2 8 years LOUISIANA Yes Yes 2 2 5 years MAINE Yes Yesc MARYLAND Yes Yes Yes 5 180 days over 30

MASSACHUSETTS (No qualifications are required by state constitution.) MICHIGAN Yes Yes under 70 MINNESOTA Yee MISSISSIPPI Yes Yes Yes 5 over 30 5 years MISSOURI Yes Yes Yes 9e over 30

Yes Yes 2 5 years MONTANA t : Yes NEBRASKA Yes Yes Yes 5 over 30 5 years NEVADA Yes Yes Yes 2 over 25 NEW HAMPSHIRE (No qualifications ere required by state constitution, statute, or court rule.) NEW JERSEY Yes Yes (0 (0 ove r 28 10 years

NEW MEXICO Yes Yee 3 over 30 3 years NEW YOIOC Yes Yes Yes over 18 10 years NORTH CAROLINA Yes Yes Yes 1 month over 21 I NWH DAKOTA Yes Yesc OHIO Yes Yes Yes t.,1 6years

)

20 Admitted Residency requirement Age U.S. Law to state prior to serving (years) require Legal State citizenship degree bare State District ments experience

, OKLAHOMA Yes Yes Yes 1 1 over 30 5 yearsh OREGON Yes Yes Yes 3 over 18 PENNSYLVANIA Yes Yes Yes 1 over 21 RHODE ISLAND Yes 2 over 21 SOUTH CAROLINA Yes Yes Yes 5 over 26 5 years

1 over 18 SOUTH DAKOTA Yes Yes , Yes TENNESSEE Yes Yes 5 between 35 and 70 TEXAS Yes Yes over 35 10 years UTAH . Yesc Yes 4 5 over 30 Experience required VERMONT Yes Yes Yes 5 years&

VIRGINIA ---1-5---- Yes Yes 5 years WASHINGTON Yes Yes Yes 1 over 21 WEST VIRGINIA Yes Yes 5 over 30 10 years between 25 5 years WIS.CONSIN r. Yes Yes Yes 6 months and 70 WCMING Yes Yesc 3 over 30 9 years

AMERICAN SAMOA (Information not available) DISTWT OF COLUMBIA Yes Yes Yes 90 days 5 years GUAM (Information not available) PUERTO RICO Yes Yes 5 10 years VIRGIN ISLANDS (Information not available)

Note: This table lists only qualifications required by constitution, statute, or court rule. eRequirement may also specify number of years as member of the bar. hFor the Alaska Court of Appeals, the intermediate appellate court, 5 years minimum residency and 5 years legal experience are required. Figures given on the table are for the Supreme Court. cRequirement is that Justices must be "learned in the law." dJustice must have been a member of state bar for 10 years or a trial judge for 5 years. eFigure shows required number of years as a qualified voter. fResidence or principle law office in the state is required. &Justice must have 5 out of 10 years legal experience as practicing attorney or judge preceding appointment or election. hThe figure given for required legal experience in Oklahoma is for the Supreme Court and Court of Crimlnal Appeals. Only 4 years of legal experience is required for a judge on the Court of Appeals. ,

Sources: Council of State governments, State Court Systems (Lexington, Kentucky: Council of State governments, May, 1978) pages 6 and 7. American Bar Association--National Center for State Courts, Implementation of Standacds for JudicialAdministration Project, State Court Organization Profile series (Williamsburg, VirgEni*: National Center for State Courts, 1977-1980): NCSP staff review of sty.e statutes; State Court Administrators.

21 Table 7:Qualifications of judges of general juridiction courts., 1980. U.S. citizenship, legal training and licensing, residency, age, and legal experience.

Legal U.S. Admitted Residency requirement Age experi- citizen- Law to state prior to serving (years) require- ence State and court name ship degree bar (years) State District ments (years) .. ,

ALABAMA Yes 47 1 Under 70 ALASKA Yes(5) Yes 5 5 ARIZONA Yes Yes Yes 5 30 or over 5 ARKANSAS Yes Yes 2 28 or over 6 ' CALIFORNIA Yes(10)

COLORADO Yes(5) (b) (a) CONNECTICUT . Yes DELAWARE: \ Court of Chancery Yes (a) Superior Court Yes (a) (c) FLORIDA Yes(5) 4.(b) (a) Under 70 5 -,3 I GEORGIA Yes 30 or over 7

HAWAII Yes 10 IDAHO: 4 District Court: Judges Yes (b) 30 to 70 5 Magistrates (b,d) ILLINOIS Yes Yes (a) (a)

INDIANA Yes (a) (a) IOWA: District Court: Judges Yes (a) Associate judges Yes Judicial magistrates Yese (b) ' Under 72

KANSAS:

District Court: . Judges Yes (a) 30 or over 5 Associate judges Yes (a) 30 or over 5 Magistrates Yesf (a) KENTUCKY Yes Yes 2 2 8 LOUISIANA Yes Yes(5) 2 2 5 MAINE Yes (g) MARYLAND Yes Yes 5b 6 months 30 or over

MASSACHUSETTS (No Acalifications are required by state constitution.) MICHIGAN Yes Yes (b) (b) Under 70 MINNESOTA (g) MISSISSIPPI Yes(5) 5 26 or over 5 MISSOURI: Circuit Court: 3b Judges Yes(10) Yes 1 30 or over Associate judges Yes (b) (a) 25 or over

5h MONTANA Yes Yes Yes(5) 2 (a) NEBRASKA Yes Yes Yes (a,b) 30 or over 5 NEVADA Yes 2 25 or over NEW HAMPSHIRE (No qualifications are required by state constitution, statute, or court rule.) NEW JERSEY Yes(10) 10

NEW MEXICO (g) Yes(3) 3 30 or over 3 NEW YORK: Supreme Court Yes(10) 10 County Court Yes(5) 5 NORTH CAROLINA Yes Yes Yes 1 month 1 month 21 or over NORTH DAKOTA Yes (8) (a) OHIO Yes Yes (a) 6i

22 r" Legal U.S. Admitted Residency requirement Age experi citizen Law to state prior to serving (years) require ence (years) State and court name ship degree bar (years) State District ments

6b OKLAHOMA Yes 6 4J OREGON Yes 3 1 PENNSYLVANIA Yes 1 RHODE ISLAND Yes Yes 21 or over SOUTH CAROLINA Yes Yes Yes 5 1 26 or over 5

SOUTH DAKOTA Yes Yesk (a) (b) TENNESSEE Yes 5 (a) 30 or over TEXAS Yes Yes 2 2 25 or over 4 25 or over UTAH Yes 3 N (a) VERMONT1 Yes 5

VIRGINLA Yes(5) (a) (a) 5 WASHINGTON Yes WEST VIRGINIA Yes 5 30 or over 5 WISCONSIN Yes Yes Yes , (b) (a) 25 to 70 5 WYOMING Yes Yes 2 28 or over I AMERICAN SAMOA (m) * DISTRICT OF COLUMBIA Yes Yes Yes 90 days 5 GUAM Yes 6 months PUERTO RICO Yes 25 or over 5

Note: This table lists only qualifications required by constitution, statute, or court rule. mThe only residency requirement i hat the person be a resident of the area during his term with no specification of the time period. hThe person is required to be a quali voter of the area. , cAt least one of the Delaware Superior Court judges must live in each of the state's three counties. dThe residency requirement for Idaho District Court magistrates may be waived if no q alified resident voter is available. Magistrates must also have a high school diploma or equivalency degree 4d have attended an institute on the duties and functidIns of a magistrate's office. eThe requirement that magistrates of-the Iowa District Court be licensed to practice law applies only to those serving fulltime, however, licensed attorneys must be considered first. Nagistrates of the Kansas District Court can substitute certification by the Kansas Supreme Court for the requirement that they be lawyers. They must also be a high school graduate or its equivalent. gJudge must be "learned in the law." hJudges in the Small Claims Division of the Montana District Court are not required to have a specific number of

'years of legal experience. . iJudges of the Ohio Court of Common Pleas may substitute service as a judge in a court of record for the required legal experience. jAssociate judges of the Oklahoma District Court appointed after July 15, 1974 are required to have 2 years legal experience. kLay magistrates of the South Dakota Circuit Court are not required to be members of the state bar. However, they must have a high school education and attend a training course altimrvised by the SouthDakota Supreme Court before taking office. 1Requirement8 given for the Vermont Superior Court apply only to judges. There are no qualifications set by statute for aseistant judges. mThe only statutory requirement for justices that serve the High Court of American Samoa is that they be learned in

' the law.

Sources: Council of State Governments, State Court Systems (rington, Kentucky: Council of State Governments, May, 1978): American Bar Association--National Center foState Courts, Implementation of Standards for Judicial Administration Project, StatelCourt Organization Profile series (Williamsburg, Virginia: National Center for State Courts, 1977-1980); NCSP staff review of state statutes; State Court Administrators. of

23 ia

Qualifications of judges of limited or special jurisdiction courts, 1980. U.S. citizenship, legal training and licensing, residency, age, and legal experience.

Legal U.S. Admitted Residency requirement -.. Age experi citizen Law to state prior to serviog (years) require ence State and court name ship degree bar (years) State strict ments (years)

ALABAMA: District Court...1, Yes 1 Probate Court (a) 1 Municipal Court Yes (b)

ALASKA: District Court Yes Yes 5C 21 or over 3

ARUONA: ,644tice of the Peace Courtd Yes (a) (b) 18 or over Cit gis6-eite Cour (b) (Other requirements for judges serving court are set by locality.)

ARKA SAS: nicipal Court Yes 2 25 or over b County Courte Yes 2 (a) 25 or over Court of Common Please Yes 2 (a) 25 or over Justice of the Peace Court (a,b) PoliceCourt (a,b) City Court (Person who is either a qualified voter or a licensed attorney may serve this court in place of the mayor.)

CALIFORNIA: Municipal Court Yes(5) 54 dayeb Justice Court Yes (a)

ORA Denve Superior Cour Yesk (b) (a) Denver Juvenile Courtoh Yee(5) (b) (a) Denver Probate Court Yes(5) (a,b) County Court Yeef (a,b) Municipal Court Preferred Preferred

CONNECTICUT: Probate Court (b) //-1/ / 1 DELAWARE: Family Court 5 Court of Common Pleas Yes Varies Varies 5 Municipal Court of Wilmington Yes 5 Justice of the Peace Court (a) 21 or over Aldermen's Court (Locally established.) 18 or over

)1(FLORIDA: County Court Yeti (b) (a) Under 70 5

24 Legal U.S. Admitted Residency requirement Age experi- citizen- Law to state _prior to serving (years) require- ence State and court name ship degree bar (years) State District mots (years)

GEORGIA: Probate Court: (less than 100,000 population) 21 or over (over 100,000 3h population) 30 or over Juvenile Court 3 30 or over 3 Justice of the Peace Court 3i months State Court. Yes 3 Small Claims Court Varies (a) 21 or over Municipal Court (a) 25 or over 5 Magistrate Court (Requirements for judges serving this court vary from county to county.) County Court 2 25 or over Civil Court (b) 25i or over 5 All other courts (Requirements for Judges serving this court vary, but usually include residency and age specifications.)

HAWAII: District Court Yes(5) (a) 5

INDIANA: County Court Yes Yes (a) Under 70k Probate Court Yes (a) (a) Municipal Court of Marion County Yes 3 51 Small Claims Court of Marion County Yes Yee 1 1 City Court (There are no statutorrrequirements set for judges serving this court.) Town Court (There are no statutory requirements set for Judges serving this court.)

KANSAS: Municipal Court Veen (a,n) 18 or over

KENTUCKY: District Court Yes Yes 2 2 2

LOUISIANA: City Court Yes Yes (5) 2 2 5 Parish Court Yes Yes (5)' 2 2 5 Municipal Court of New Orleans Yes (5) (b) 5 Traffic Court of New Orleans Yes (5) (b) 5 Mayor's Court 2,(b) Family Court Yes Yes (5) 2 2 5 Juvenile Court Yes Yes (5) 5

MAINE: District Court Yes (a) Probate Court Yes Ja) Administrative Court Yes (a)

25 Table 8: ualifications of judges of limited or special jurisdiction courts,1980 (continued)

Legal U.S. Admitted Residency requirement Age expert- citizen- Law to state s prior to serving (years) require- ence State and court name ship degree bar (years) State District ments (years) ) MARYLAND: 5b 6 months 30 or ver District Court.. ' Yes Yes Orphans' Court Citizen 1

MICHIGAN: District Court Yes Yes (b) (b) Under 70 Probate Court Yes Yes (b) (b) Under 70 Municipal Court Tee Yes (b) (b) Under 70 Common Pleas Court of Detroit Yes Yes (b) (b) Under 70

411 MINNESOTA: Probate Court Yes County Court (o) (a) County Municipal (o) Court Yes (a) Conciliation Court (Tbis court,is served by hearing officer, and County Court judges.)

MISSISSIPPI: County Court Yes 5 25 or overYes Family Court Yes 5 25 or over Yes Justice Court YesP 2 Municipal Courtg Yes (b)

MONTANA: Justice of the Peace Court (a) City Court 2s,(b) Municipal Court Yes(2) 2 (a,b) Water Court (This court is served by Judges of the District Court.)

NEBRASKA: County Court Yes 3 (a,b) 30 or over Separate Juvenile Court Yes Yes Yes (a,b) 30 or over 5 ' Municipal Court Yes Yes Yes (a,b) 30 or over 5 Workmen's Compen- nation Court Yes Yes Yes (a,b) 30 or over

NEVADA: 444 Justices' Court (r) (b) Municipal Court- (r)

NEW HAMPSH/RE: Probate Court (There are no constitutional or statutory requirements set for judges serving this court.) District Court Yess (a) Municipal Court (t)

NEW JERSEY: County District 10 Court . Yes (10) Juvenile and Do- mastic Relations Court Yesu(10) 10u Tax Court Yes 10

NEW MEXICO: Magistrate Court Yes" . (a,b) Municipal Court (Qualifications for judges serving this court are set locally.) Probate Court Yes 1 Small Claims Court of Alburquerque Yes 2 25 or over 2 Metropolitan-Court Yes

26 Legal U.S. Admdtted Residency requirement Age experi- citizen- Law to state prior to serving (Oars) require- ence State and court name ship degree bar (years) State District ments (years)

NEW YORX: Surroaate's Court Yes(10)w Family Court Yes(10)w Civil Court of the City of New York Yes 10 Criminal Court of the City of New York Yes 10 District Court Yes 5 City Court Yes 5 Court of Claims Yes 10 Town Justice Court and Village Justice Court (x) 10

NORTH CAROLINA: District Court 1 month

NORTH DAKOTA: County Court (a) County Court with Increased Juris- diction (y) County Justice Court ... Ye Municipal Court Yeoz 9 monthsb,z

OHIO: Municipal Court . Yes (a) 6aa County Court Yes (a,b) 2 Mayor's Court (This court is served by the mayor and qualifications are set for that office.) Court of Claims (This court is served by active or retired judges of the Supreme Court, Court of Appeals, or Court of Common Pleas on temporary assignment.)

OKIAHOMA: Municipal Court of Record Yes 6 6b 2 Municipal Court Not of Record yesbb Workers' Compensa- tion Court Yes(5), Court ofTax Review (This court is served by District Court judges.) Court of Rank Review (This court is served Iv District Court judges.)

OREGON: District Court Yes 3 1 Justice Court 6 months (b) County Court 1,(b) Municipal Court . (No requirements are set for judges serving [his court, but many are attorneys.)

PENNSYLVANIA: Cosmunity Court Yes Philadelphia Municipal Court Yes Philadelphia Traffic Court Yes Pittsburgh Mag- istrates Court Yes District Justice Court Yes

27 Table 8: Qualifications of judges of limited or special jurisdiction courts, 1980 (continued)

Legal Age experi- U.S. Admitted Residency requirement citizen- _Law to state prior to serving (years) require- ence ments (years) State and court name ship degree ber (years) State District '

RHODE ISLAND: 21 or over Family Court Yes District Cour% Yes Probate Court Yes Municipal Court (Qualifications for judges serving this court are 'set locally.)

SOUTH CAROLINA: 26 or over 5 Family Court Yes Yes Yes(5) 5 1 Probate Court (b) Magistrate's Court (There are no statutory requirements et for judges of this court.) Municipal Court (There are no statutory requirements set for judges of this court.)

TENNESSEE: County Court 5 I 30 or over General Sessions 1 30 or over Court Yescc 5 Probate Court Juvenile Court (Requirements for Judges serving this court vary according to the act creating each Individual court.) Trial Justice 1 30 or over Court 5 Municipal Court Yes (Other requirements for judges serving this court vary from locality to locality.)

TEXAS: County Court (Requirements for judges serving this court vary according to the statute creating the court. Some include 2 to 5 years legal experience and residency in the county.) Justice of the Peace Court (There are no formal requirements set for judges serving this court.) Municipal Court (Requirements for Judges serving this court vary according to local ordinance. However, all judges in courts of record must be licensed attorneys.)

UTAH: 25 or over Circuit Court Yes 3 (a) Justice Court (b) Juvenile Court Ye

VERMONT: District Court Yes 5 Probate Court (Judges serving this court are not required by statute to be attorneys, however, in practice, half of them are.)

VIRGINIA: General District Court Yes Juvenile and Do- mestic Relations Court Yes

WASHINGTON: Justice of the Peace Court Ye yesdd District Court Yesee Municipal aurt Yes"

WEST VIRGINLA: Magistrate Court Not* 21 or over Municipal Court 5 30 or over

WISCONSIN: Municipal Justice Court No

WYOMING: County Court Yee Justice of the Peach Court Municipal Court Legal U.S. Admitted Residency requirement Age experi- citizen- Law to state prior to serving (years) require- enc. State and court name ship degree bar (years) State District ments (years)

AMERICAN SAMOA: District Court (hh) Village Court (This court is served by justices of the High Court of AmericairSamoa.)

PUIRTO RICO: District Court Yes 21 or over 3 Municipal Court Yes 21 or over

VIRGIN ISLANDS: Territorial Court of the Virgin Islands Yes 5

NOTE: This table lists only qualifications required by constitution, statute, or court rule.

aThe only residency requirements is that the person be a resident with no specification of the time period. brhe person is required to be a qualified voter of the aim Magistrates of the Alaska District Court must have been residents of the state for 6 monthsfpreceeding their appointment. dArizona Justices of the Peace are also required to be able to read and write English. 'Arkansas County Court and Court of Coamon Pleas judges ars also required to have a busines7jducation. fCounty Court judges in Class C and D counties inXolorado need not be admitted to the bar they must be high school graduates or have certificates of equivalency. Nonlawyers judges must the institute on the duties and functioning of tho County Court. BAdmission to the Florida state bar is waived for County Court judges in counties have less than 40,000 population. hCforgia Probst. Court judges in cqmpties with over 100,000 population may substitute 5 years experience as Probate Court clerk'for the 3 years legal experience requirement. 1G0orgia Justices of the Peace Court judges must also have been residents of the county for at least 2 years prectoding lection. kivil Court judges in Bibb County, Georgia must be at least 25 years of age. No other county has thie requirement. kIndiana County Court judges must b. under 70 years of age at the start of their term. 1Judges of the Municipal Court of Marion County, Indiana must also have 3 years-legal experience in Marion County. *The requirement for judges of the Small Cities Court of Marion County, Indiana, to have a law degree may be waived if the person had been a justice of the peace for at least one year prior to December 31,1965. nOnly Kansas Municipal Court judges in first class cities are required to be attorneys. The residency requirement is waived for all judges in first class cities with mayor/council governments. °Judges in the Minnesota County Court must be "learned in the law."Thiv requirement is waived for lay judges who were already in office in 1973. PTbe requirement for legal education for judges of the Mississippi Justice Court may be waived, but, if so, the judge is required 'to attend an I8-hour seminar conducted by the attorney general. A high school diploma is also required. 9The Municipal Court in Mississippi may also be served by the justice court judge whose district lies in whole or in part in the municiparity, or by the mayor or mayor pro tempore who serves as ex officio judge. Quips of the Nevada Justices' Court and Municipal Court must attend a required course of instruction upon lection. 8Judges of the NewHampshireqilltrictCourt must be "learned, able and discreet porson(s) specially qualified by training and experience for the performance of his (their) duties."Where possible, members of the bar are chosen. tNow Hampshire Municipal Court judges are only required to be "learned, able, and discreet." uRequirements for judges of the New Jersey Juvenile and Domestic Relations Court to have been admitted to the state bar, for 10 years applies to only those judges appointed after July 24,1970. vJudges of the New Mexico Magistrate Court in districts with population under 100,000 need not be members of the bar, but they must have a high school or equivalent education. wCounty Court Judges servins tho New York Surrogate's Court or Family Court need only have been admitted to the bar for 5 years. 'Judges of the NW York Town Justice Court and Village Justice Court need not be attorneys, but, if they are not, they must complete a course of training and education. YJudges of the North Dakota Cotinty Court with Inc eeeee d Jurisdiction must be "learned in the law."

29 Table 8: Qualifications of judges of limited or special jurisdiction courts, 1980 (continued)

aIn cities with a population under 3,000, the judge of the North Dakota Municipal Court is not required to be , an attorney or to be a resident of the city. In larger cities, the law degree requirement may be waived if no lawyer is tvailable. aaJudges of the Ohio Municipal Court may substitute service as a judge in a court of record for the required legal experience. bbJudges of the Oklahomm Municipal Court Not of Record in cities having less the 7,500 population need not be law trained if no licensed attorney resides in the county in which the city is located. ccJudges of the Tennessee General Sessions Court are required to be attornyes in only two counties of the state. ddWashington Justices of the Peace who hear cases involving dollar amounts between $300 and $1,000 must be attorneys; others are not required to be. "Judges of the Washington District Court may substitute experience as a justice of the peace or judge of Municipal Court for the required legal education and bar membership, or, if their district has under 10,000 population, msy have taken and passed a qualifying examination for office. "Qualifications for judges of the Washington Municipal Court vary from location to location. In all cities over 5,000 population, they are required to be attorneys unless they are also justices of the peace. Bine West Virginia Constitution prohibits a requirement that magistrates be attorneys. However, prior to assuming office they must complete a course of intruction in rudimentary principles of law as prescribed by the Supreme Court. "Judges of the American Samoa District Court must be learned in the law.

Sources: Council of State Governments, State Court System (Lexington, Kentucky: Council of State government, May, 1978); American Bar Association--National Center for State Courts, Implementation of Standards for Judicial Administration Project, State Court Organization Profile series (Williamsburg, Virginia: National Center for State Courts, 1977-1980); NCSP staff review of state statutes; State Court Administrators. it

30 Table 9: Authi>ifed judgeships in trial courts, 1980. 1980 population, number of authorized judges and populationserved per judge by trial court level.

Courts of general Courts of limited/ jurisdiction special jurisdicion All trial courts

O V w 0 0 w 0 w 40 ON 0 N .2 1980 4.1 4a 0 0 0 population O .2 to 1 M W MW go 4.J State in thousands O V ! 0 0 V

ALABAMA 3,890 113 34,400 370 10,500 483 8,100 ALASKA 400 21 19,100 69 5,800 90 4,400 ARIZONA 2,718 80 34,000 178 15,300 258 10,500 ARKANSAS 2,286 63 36,300 254 9,000 317 7,200 CALIFORNIA 23,669 607 39,009 568 41 1,175 20,100

COLORADO 2,889 106 27,300 353 8 00 459 6,300 CONNECTICUT 3,108 110 28,300 130 23,91. 240 12,900 DELAWARE 595 14 42,500 94 - 6,300 108 5,500 FLORIDA 9,740 302 32,3D0 198 49,200 500 19,500

GEORGIA 5,464 110 49,700 2,318t t 2,428t t

HAWAII 965 25 38,600 18 53,600 43 22,400 IDAHO 944 99 9,500 0 ..- 99 9,500 ILLINOIS 11,418 677 16,900 0 ___ 677 16,900 INDIANA 5,490 171 32,100 155 35,400 326 16,800 IOWA 2,913 300 9,700 0 ._._ 300 9,700

KANSAS 2,363 211 11,200 356 6,600 567 4,200 KENTUCKY 3,661 91 40,200 123 29,800 214 17,100 LOUISIANA 4,204 161 26,100 711 5,900 872 4,800 MAINE 1,125 14 80,300 38 29,600 52 21,600 MARYLAND 4,216 97 43,500 153 27,600 250 16,900

MASSACHUSETTS ..., 5,737 264 21,700 0 ..._ 264 21,700 MICHIGAN 9,258 173 53,500 341 27,200 514 18,012 MINNESOTA 4,077 72 56,600 166 24,600 238 17,100 MISSISSIPPI 2,521 65 38,800 591 4.300 656 3,800 MISSOURI 4,917 300 16,400 0 _... 300 16,400,

MONTANA 787 32 24,600 192 4,100 224 3,500 NEBRASKA 1,570 45 34,900 65 24,200 110 14,300 NEVADA 799 29 27,600 81 9,900 110 7,300 NEW HAMPSHIRE 921 15 61,400 114 8,100 129 7,100 NEW JERSEY 7,364 214 34,400 474 15,500 688 10,700

4r) Courts of general Courts of limited/ jurisdiction special jurldicion All trial courts

V a V V C 44i) 0 l) 4.1 W 0 W W w 0 ) 0 N 0 N 44 W 0 N 44 W 4 4 1980 4-4 W W W W CA CI" 0 0 0 0 HO population g'a .0 I 2 Ve z 2 2 w 0 u 11 ca. 6, " e State in thousands 0 0 0 W Ct. al. Z 4-1 g a.a. NEW MEXICO 1,300 29,500 201 6,500 245 5,300 NEW YORK 17,557 47,800 3,0371 5,800 3,404 5,200 NORTH CAROLINA 5,874 66 89,000 136 43,200 202 29,100 NORTH DAKOTA 653 24 27,200 279 2,300 303 2,200 OHIO . 10,797 313 34,500 938 11,500 1,251 8,600

OKLAHOMA 3,025 198 15,300 553 5,500 751 4,000

OREGON . . 2,633 76 34,600 297 8,900 373 7,100 PENNSYLVANIA 11,867 285 41,600 589 20,100 874 13,600 RHODE ISLAND 947 19 49,900 68 13,900 87 10,900 SOUTH CAROLINA 3,119 31 100,600 672 4,600 703 4,400

SOUTH DAKOTA 69.0 141 4,900 o -- 14r- 4,900 TENNESSEE 4,591 116 39,900 362 12,700 478 9,600 TEXAS 14,228 314, 45,900 2,195 6,500 2,505 5,700 UTAH 1,461 24 60,900 212 6,900 236 6,200 VERMONT 511 38 13,500 33 15,500 71 7,200

VIRGINIA 5,346 111 48,200 163 32,800 274 19,500 WASHINGTON 4,130 118 35,000 208 19,900 326 12,700 WEST VIRGINIA 1,950 60 32,500 204 9,700 264 7,400 WISCONSIN 4,705 190 24,800 216 21,800 406 11,600 WYOMING 471 15 31,400 124 3,800 139 3,400

AMERICAN SAMOA 31* 7 4,400 1 31,000 8 3,900

DISTRICT OF COLUMBIA 638 44 14,500 0 , -- 44 14,500 GUAM 114* 5 ie.' 22,800 0 -- 5 22,800 PUERTO RICO ,358* 92 36,500 159 21,100 251 13,400 VIRGIN ISLANDS 96* 0 -- 6 16,000 6 16,000

TOTAL--States only 225,867 7,127 31,700 18,5971 , 12,1001 25,7241 8,8001 TOTAL--States and territories 230,104 7,275 31,600 18,7631 12,3001 26,0381 8,8001

Note: See Tables 4 and 5 for descriptions of judicial officers included for each state.

*Population figures given for these jurisdictions are estimates of tha 1978 population. ftata from the limited jurisdiction courts in Georgia do not include judges of the Criminal Court, Police Court, or Municipal Court (6ther than the Municipal Court located in Savannah and Columbia). These data therefore are not included in any of the total figures, either, affecting the population per judge figures reported. The true population per judge figures would be slightly lower than those given on the chart.

Source: Bureau of the Census, Current Population Reports; State CourtAdministrators

33 Table 10:Judicial selection, 1980. Method of initial selection and filling of interim vacancies.

Method of initial judicial selection

Popular Merit State and court title election Appointment by: planb Method of filling interim vacancies

ALAIAMA: All judges except Municipal Court judges Partisan Merit^selection in 15 Counties; Governor appoints until next general election in all other counties Municipal Court judges local governing body Sane as initial selection ALASKA: All judges X Same as initial selection Magistrates Presiding Judge of Same as initial selection judicial district

ARIZONA: Appellate court Judaea X SAW is initial selection Superior Court judges in counties wiell at least 150,000 population X Same as initial selection All other Superior Court judges Nonpartisan Governor appoints until next general election Justices of Peace Partisan County !board of Supervisors appoint for balance of term City and Town Magistrates in Tucson X Appointed by mayor City and Town Magistrates in cities other than Tucson .... Determined by local Same as initial selection governing body

ARKANSAS: All judges Partisan Governor appoints for unexpired term, except: Municipal Court--regular practicing attorneys choose special judge to fill vacancy until election; Police Court--filled by gubernatorial appointment; County Court and Justice of the a Peace Courtsfilled by partisan election CALIFORNIA: Appellate court judges Governor Same as initial selection Superior Court judges Nonpartisan Appointed by Governor Municipal Court judges Governor Same as initial selection Justice Court judges County board of Super Same as initial selection visors or special election

COLORADO: All judges except,Denver County and Municipal Court Judges X Same as initial selection Dinver County Court judges Mayor with merit plan .... Same as initial selection city council, or town boards Municipal court judges Council or town boards .... Same as initial selection CONNECTICUT: All judges except Probate Court Legislature Same as initial selection Probate court Judges Partisan Samg, as initial selection 2 et-

34 Method of initial judicial selection

Popular Merit State and court title election Appointment bys plant' Method of filling interim

DELAWARE: All judges except Alderman's Court X Merit selection Alderman's Court judges Determined by local Same as initial selection governing body FLORIDA: Appellate court judges X Merit selection Trial court judges HonparZisan Merit selection GEORGIA: Appellate court judges Partisan Appointed by Governor Superior Court judges Partisan Appointed by Governor with a merit plan Justices of the Peace Partisan Special election is held Probate Court judges Partisan , Special election is held Juvenile Court judges Presiding Superior/ Same as initial selection Circuit Judge City Court judges Governing bodies Same as initial selection All other judges ." ''''''' Determined by local Locally determined governing bodies HAWAII: Appellate court judges X Same as initial selection Circuit Court judges X Same as initial selection District Court judges Chief Justice using a Same as initial selection merit plan

IDAHO: Appellate Court judges Noa partisan Appoidied by Governor District Court judges Non partisan Appointee by Governor District Court magistrates District Magistrate District Magistrate Commission appoints Commission ILLINOIS: Associaxe judges Circuit ju Same as initial selection Court of Claims judges Executive Same as initial election All other judges Partisan Appointed by Supreme Court justices INDIANA: Appellate court judges, Superior Cmurt judges of Allen, Laki, St. Joseph, Vanderburgh, and Marion Counties, and Marion County Municipal Court judges X Same as initial election All other judges Partisan Appointed ,by Governor

"lowAe. S. APpellate coert judges X Same as initial selection District Court judges .\ X Same as initial selection, District Court magistrates District Court Same as initial selection-' judges using merit plan Dietrict'Court part-time magistrates County Judicial Same as initial selection Magistrate Appointing KANSAS: Appellate court judges X Same as initial selection Trialocourt judges--23 districts X Same as initial selection Othet trial court judges Partisan Appointed by Governor KENTUCKY: All judges Non partisan Merit election

.4 Table 10:Judicial selection, 1980 (continued)

Method of initial judicial selection

Popular Merit Method of filling interim vacancies State' and court title election Appointment by: planb

LOUISIANA: If All judges Partisan Spec al election is called by Governor. remm nder of term is less than six months, Supr me Court fills vacancy, except in May 's Court, where Board of Aldermen auoi nts MAINT: All judges except Probate Court judges Governor Same as initial selection Probate Court judges Partisan Same as initial selection MARYLAND: All judges except Orphan's Court judges X Same as initial selection Orphan's Court judges Governor Same as initial selection MASSACHUSETTS: a All judges X Same as initial selection

MICHIGAN: Afl judges except Municipal Court judges Non partisan Appointed by Governor Municipal Determined by local Same as initial selection governing body MINNESOTA: All judges X Appointed by Governor using a merit plan MISSISSIPPI: All judges except CityrPolice Court judges Partisan Appointed by Governor until next election City Police Court judges Governing authority of Same as initial selection; Justice Court, municipality appointed County Board of Supervisors

MISSOURI: Judges of the Supreme Court, Court of Appeals, Circuit and Probate Courts in St. Louis City and County, and Jackson, Plott, and Clay counties X Merit selection Other Circuit and Prpbate 4N. Court judges ....y. Partisan Appointed by Governor Municipal Court...laps Locally detentined Locally determined

MONTANA: All judges except Municipal Court judges Nonpartisan Appointed by Governor Municipal Court judges City Council Same as initial selection

NEBRASKA: All judges X Same as initial seleition NEVADA: All judgms Nonpartisan Merit selection; Justice and Municipal Courts, locally determined NEW HAMPSHIRE: All judges Governor Same as initial selection; Probate Court, Registrar of Probate appoints from another court NEW JERSEY: All judges except Municipal and Surrogate Court judges Governor Same as initial selection; Juvenile and Domestic Relations Court, appointed by Chief Justice of Supreme Court Municipal Court judges Governing body Same as initial seleCtion Surrogate Court judges Governor Same as initial selection NEW MEXICO: All judges Partisan Appointed by Governor; Probate Court, appointed by County Commissioners; Munici pal Court, appointed by municipal governing body

4 ,1 A Method of initial Judicial eleAtion

Popular Merit State and court title election Appointment by: planb Method of filling interim vacancies

NW YORK: Appellate court judges X Same as initial selection Supreme Court, County Court, Surrosate's Court, and Family Court (outside New York City) judges Partisan Appointed by Governor with advice and consent of Senate if it is in session Family Court (inside New York City) judges Mayor using merit plan Same as initial selection Court of Claims judges Governor using merit plan Same as initial selection Civil Court for the City of plan NewYork judges Partisan Appointed by Mayor using merit Criminal Court for New York City judges Mayor using merit plan Same as initial selection District Court judges Partisan Appointed by County Board of Supervisors City Court, Town and Villas* Court judges Locally determined Sane as initial selection NORTH CAROLINA: A14 judges except special judges of the Superior Court Partisan Appointed by Governor Special judges of the Superior Court Governor Same as initial selection

NORTH DAKOTA: All judges Non partisan Merit selection OHIO All judges except Court of Claims 4 Mayors' Court judges Non partisan Appointed by Governor Court of Claims judge Chief Justice Same as initial selecticn Mayors Court judges Locally determined Locally determined OKLAHOMA Supreme Court and Court of Criminal Appeals Justices X Same as initial selection Court of Appeals Non partisan Appointed by Governor District Court judges Non partisan Merit selection Municipal Court judges Governing body Sa s initial selection

OREGON: All judges except Municipal Court judges Nonpartisan AppoIed by Governor Municipal Court judges Locally detipined f Locally determined PENNSYLVANIA: All judges except Pittsburgh Magistrates Court judges Partisan Merit selection Pittsburgh Magistrates Court judges Mayor Same as initial selection RHODE ISLAND: Supreme Court justices Legislature Same as initial selection Probate and Municipal Court judges City Council Same as initial selection All other judges Executive+ Same as initial selection

SOOT% CAROLINA: Appellate court judges Legislature Circuit Court judges Legislature Legislature fills vacancy unless an expired tem is less than Iyear, then Governor appoints Family Court judges Legislature Appointed by Governor Probate Court judges Partisan Appointed by Governor Magistrate Court judges Governor State statutes and Constitution do not address this Issue Municipal Court and Mester-in- Equity Court judges Locally determined Locally determined

Al 4 Table 10:Judicial selection, 1980 (continued)

Method of initial judiciel selection

Egialemue Popular Merit Stets and court title election Appointment by: plenb Method of filling interim vacancies

SOUTH DAKOTA: All judges except megistretes Nonpartisan Voluntary merit selection Magistrates Presiding Circuit Court ... Sams as initial selection JudS TENNKSSEZ: All judges except intermediate appellate court judges and some Municipal Court judges Partisan Appointed by Governor Intermediate appellate court Swale* X Same es initial selection Soar Municipal Court judges Govirning body Same as initial selection

TUBS: All judges except Constitution- al County, Municipal, and Justice of the Peace Court judies Partisan Appointed by Governol Constitutional County and Justice of the Peace Court judges Pardsan Appointed by Commissioners Court Municipal Court judges Governing body Same as initial selection UTAH: Supreme Court, District Court, Or and Circuit Court judges Nonpartisan Merit selection Juvenile Court Moss X Sams as initial selection Justice Court judges - -town Determined by local Appointed by Mayor governing body Justice Court judges --county .. Nonpartisan Appointed by Chairperson of the County Board of Commissioners

VISHONT: All judges except Probate Court Mies X Same as initial selection Probate Court judges Partisan Succeeded by register of probate VIRGINIA: All judges except substitute- District Court judges Legislature Same as initial selection Substitute District Court judies Chief judge of Circuit Same as initial selection WASHINGTON: All judges except Municipal "Court judges in 2nd, 3rd, and 4th class cities, Justices of the Peace, and District Court judges Nonpartisan Appointed by Governor Municipal Court judges in 2nd, 3rd, and 4th class cities Nonpartisan Appointed by Meyor Justices of the Peace Nonpartisan justice in district assumes position until next election District Court judges Nonpartisan Board of County Commissioners appoint

4, Method of initial judicial selection

Popular Merit State and court title electloh Appointment by: planb Method of filling interim vacancies

WEST VINGINIA: All judges except Magistrate Court and Municipal Court judges Partisan Appointed by Governor Magistrate Court judges Partisan Chief judge of Circuit Court appoints Municipal Court judges Locally determined Locally determined

WISCONSIN: All judges except Municipal Court judgee Nonpartisan Appointed by Governor Municipal Court judass Determined by local Special election is held governing body

d WYOMING: Suprema Court, District Court, County Court,- and Juvenile and Donal:tic Relations Of Court judges X Merit selection Municipal Court judges Mayor Same as initial selectipn Justice of the Peace Court County Board of Appointed 4y County Board of Commissioners Commissioners AMERICAN SAMOA: All judges Appointed by the U.S Sane as initial selection Secretary of the Interior DISTRICT OF COLUMBIA: All judges X Same as initial selection

GUAM: All judges X Same:s initial selection PUERTO RICO: All judges Executive* Same initial selection VIRGIN ISLANDS: All judges Executive' Same as initial seleotin

x Affirmative '"Executive" includes the executive officer responsible for administration at the level at issue, e.g., state or county levels governor; city level-- mayor or city manager. bDetails of each specific "merit plan" are given on the following table.

Implementation of Source: State Court Administrators; Review of state statutes by staff of The American Judicature Society; Standards of Judicial Administration Project, State Court Organization Profile Series (Williamsburg, Virginia: National Center for State Courts, 1977, 1978, 1979); Council of State Governments, State Court Systems, Revised1978

4 Table 11:Description of merit plans, 1980. Legal basis of plan, year established, use of plan, number ofnominees, and type of retention election. k

flan used for Tycefretention %Section Neer Legal basis Year appointments Number of nominees recorda partisan Partisag State of plan established Initial Interim 3 Yee ALABAMA Constitutional 1950 Jefferson County; 1973 Madison County

X X 2 or more Yes Yes ALASKA Constitutional 1956 3 or more Yes Yes ARIZONA Constitutional 1974 Some Some Yes Yes Constitutional 1967 X X 3 for appellate COLORADO 2 to 3 for trial 0

X At least 3 Yee Yes DI:LANARK Executive order 1977

3 or more ,.. Yes Yes FLORIDA Constitutional 1976

5 * Yes GRORLIA Executive order 19 1 (Amen d 1975) )

Not less than 6 Yes Yesb HAWAII Constitutional 1978

1967 X 2 to 4 Yes IDAHO Statutory Yes 1971 X 3 Yes IND/ANA Constitutional appellate c ts (Amended 1973) Statutory--S per ior an0 Mu la pel Cour Yee 1962 X X 3 for appellate Yes IOWA Constitut onal 3 Yee Yee Constitutio 1-- 1958 KANSAS Yee Yee Appellate ourts 1974 2 to 3 Statutory-- 3 District Courts

1976 3 KINTUCKY Constitutional

1970 5 to7 MARYLAND Executive order 6dified 1974 and 1979)

3 MASSACHUSETTS ... Executive order 1975 (Modified 1976)

3 Yes Yes MISSOURI Constitutional 1940 (Amended 1970-- St. Louis; 1973-- Clay and Platt Counties

3 Yeed Yee MONTANA Statutory 1972 to 5 2 or more Yee Yee NEBRASIA Constitutionl 1962 (Amended 1972)

3 Yes N EVADA Constitutiong\ 1976

YONK: Court of Constitdtional 1977 7 for chief judge Appeals 3 to 5 for asso ciate judges

40 Plan used for Type of retention election Legal basis Tear agtoptmeet, Numberof On Non- State if plan stablished initial Interim nominees records partisan Pertlean

NORTH CAROLINA( Superior Ceuft. Imecutism order 1977 3 to 5 Yes

+1. NORTH DAKOTA .... Censtitutioual 1,76 (Pendins implementing legislation)

OKLAHOMA: Appellate courts Ceestitutional 1967 3 Yes Yee Trial courts Statutory 1967 3 Yes Yes

PKIINSYLVAMIA Stecutive order 1973 X 3 Yee Yes (Modified 1975)

SOOTS DAKOTA .... Inecutive order 1977 X 3 or more Yes

TINNESSKI: Internediats appellate courts Statutory 1971 X X 3 Yes Yee

Yee UTAll Statutory 1967 X X 3 Yesd (Amended 1969, 1971, 1975)

VIRIENT Constitutional 1966 X X As msny as the NoneS (Amended 1975) Commission finds fit- -no minimum

WISCONSIN leecutive order 197S X No limit No Yee

WYOMING Constitutional 1972 X X 3 Yes Yes

DISTRICT OF COLUMBIA Statutory 1973 X X 3 No , No

GUAM Statutory 1962 X X 3 Yes Yee

Note: Only courts having a 'Xunder the "Merit plan' column or noting that merit selection plan is used to fill interim vacancies in Table 17 are included on this table.

s'On record' MIMI that the judge runs uncontested, on his record, for retention in office.The retention election whether or not competitive say be partisan or nonpartisan. bThe Judge desiring to be retained petitions to the Judicial Selection Commission, which makes the retention decision rather than the electorate. eAn incumbent judge ligible may have his name submitted by the Commission to the Governor on a- llot containing fever than normally required number of names. *Retention election is on the record unless challenged. Individual remiss in office unless voted eut by the GeneralAssembly.

Source: State Court Administrators; Review of state statutes by NCSP staff; &rend. J. Rogan, "Merit Selection of American Judicature Society, 1979), pp.45 -93. Judges . . Alow Is It Working?' (Chicago, Illinois:

41 Table 12:Characteristics of judicial nominating commissions, 1980. Selection of commissioners and limitations on their eligibility for holding other offices.

Method of selection Offices held by commission members

Limitations onPermitted to hold: , eligibility forPublic Party State and court title Lay members Lawyers judicial office Wiest officet

ALABAMA Stets senator end rep- Appropriate bar associ- During term No No resentstive from ation elects appropriate county e lect

ALASKA Governor appoints, kr officials appoint None No Yes legislature confirms

ARIZONA: All courts except Tucson Municipal Court Governor appoints, sen- tar officials nominate. During term and No Yes ate confirms Governor appoints, sen- 1 year after ate confirms Municipal Court (Tucson) ... Minority and majority County bar association During term and No No political party appoints 1 year after appoint

COLORADO: Supreme Court Governor appoints Majority vote of Governor.During term and No No Attorney General end '3 years after Chief Justice District Court Governor appoints Majority vote of Governor During term and_No No Attorney General end 1 year after Chief Justice ----Roupty Court Mayor appoints Mayor appoints During term and Yes Yes

DILA Governor appoints Governor appoints 4, stateDuring term and No Yes bar association elects 1; 2 years after ell confirmed by senate

ILORIDA: Supreme Court, District Court. and Circuit Court .. Governor appoints 3 B er officials appoint During term ond Yes Yee (not specified that 2 years after they be/not be lawyers); appointed com- issioners appoint 3 other commissioners

GUAGLAs Supreme Court. Court of Ap- peals. and Superior Court Governor appoints President. President None Yes Yes elect. and 2 immediate past Presidents of state her. and President of Young Lawyers Section op- POint Municipal Court Mayor appoints tar officials appoint None Yes Yes Other courts Governor appoints B ar officials appoint None Yes Yes

NAWAII Governor appoints; Chief tar officials elect During term and No No Justice appoints; 3 years after Senate and Speaker of Nous. appoint (Governor and Chief Justice may each appoint at most 1 lawyer) /NW Supreme Court and District 44 Court Governor appoint:: with tar Oficial. appoint with None No Yes consent of the senate consent oT the senate

42 Method of selection Offices held by commission memben

Limitstiona oaPOtN4tted le holds eligibility forPublic ratty offieet State and court title Lay members Lawyers judicisl officeoffice

LOAM (continued): Magistretes Division of tha No Yss District Court Chairmen of each Soar!! Local bar association no- None of County Commission minates and state bar appoint 1 for each officials appoint (non- county in judicial voting members) district; Governor ar points 5, 3 of them being municiOali in tha district

INDIANA: Appellate courts and No Superior Court Governor appoints Resident lawyers elect During tem and Ne 3 years after No No Municipal Court Governor appoints, mayor Resident lawyers elect, During term of largest city in Supreme Court appoints county appoints

IOWA: No Yes Appellate courts Governor appoints, tar members of appropriate During tem senate confirms district elect No Yes District Court Governor appoints tar members of state elect During tem Judicial Maaistrate Court County board of super- Local county bar elects During.tem Yes Yes visors appoints

KANSAS: No No Appellate courts Governor appoints All state bar mombers During term and elect chairman; lawyers 6 months after from respective congressional districts elect others No District Court County commissioners Lawyers from rS\el.pective During tem Ne appoint jucicial distr ctp elect

KS:MUCKY: No Ne Appellate courts Governor appoints tar association Umbers None elect No Ne District Court Governor appoints Bar from respective dis- ' None tricts elect No N. Circuit Court Governor appoints Sac from respective dis- None tricts elect

MARYLAND: No Ne Appellate courts Governor appoints --one Bar members from respec- During term from each appellate tive appellate judicial judicial circuit circuit elect During tem No No Trial courts Governor appoints Bar mos:bore elect

No Yes MASSACNUSKTTS Governor appoints Governor appoints None

MISSOURI: No Ne Appellate courts Governor appoints Resident lawyers elect None No Ne Circuit court Governor appoints Resident lawyers elect None Yes Yes Municipal court Mayor appoints Resident laywers elect None

Yes Yes MONTANA Governor appoints Supreme Court appoints During tem and 1 year after

MAIM: Yes Yes Supremo court Governor appoints Bar officials appoint None Yes Yes District court Governor appoints Bar officials appoint None

43 Table 12:.Characteristrcs of judicial nominating commissions, 1980(e.inued)

Mettod of @election Offices held by commission members

Limitations on Permitted to hold: eligibility for 'Public Party judicial officeoffice office? State and court title Lay members Lawyers

NEBRASKA: Supreme Court, District 4 Court, County Court, Juve- nile Court, And Workmen'. During term and Yes Yes Compensation Court Governor appoints Resident lawyers elect 2 years after NEW YORK: During term end No No Appellate courts Governor appoints 2, Governor appoints 2, chief judge appoints 2 chief judge appoints 2 1 year after During term and Yes Yes New York City courts Mayor appoints Presiding justice and deans of local law 1 year after schools appoint No No All other courts Governor and Chiif Judge Governor, Chief Judge of During term and of Court of Appeals Court of Appeals, Presid- 1 year after appoint ing Justice of Appellate Division of each department, and joint committee of majority and inority leaders of Senate and As- sembly appoint

Chief justice appoints 13, During term and Yee Teo NORTH CAROLINA Governor appoints 13, Senate appoints 2, Senate appoints 1, House 6 months after House appoints 2 appoint& 1

NORTH DAKOTA (Currently waiting implementing legislation) During term and No No OKLAHOMA Governor appoints Resident lawyers elect 5 years after

During term No No PINNSYLVANIA Governor appoints Governor appoints Yes Yee SOUTH DAKOTA Governor appoints President of stets bar ap- None points

During term and No No TENNESSEE Governor appoints Bar members elect, Gover- nor appoints 2 4 years after

UTAH: Supreme Court and District During term and Yes Yes Court Governor appoints Ear members elect 6 months after

None Yes Yes VIPXONT Governor appoints, leg- Resident lawyers elect islature appoints

Yes Yes WISCONSIN Governor appoints Governor apoints None During term and No lio WYOMING Governor appoints State bar members elect 1 year after

During term andCertain No DISTRICT OP COLUMBIA Mayor appoints, District Bar officials appoint Council appoints 2 years after public offices

I Unless expresely prohibited, holding public or party office is assumed to be permitted.

of the American Judicature Source: State Court Administrators; Review of state statutes by NCSP staff and staff (Chicago, Illinois: Society; Brenda J. Boon, 'Merit Selection of Judges . . . How Is It Working?' American Judicature Society, 1979).

44 Table 13:Membership of judicial nominating commissions, 1980. Number of commissions and commissioners, partisanship of commissionpterm and limitations on terms, and requirement for judicial representation on commission.. Judges required Number of Total Partisan:- on commis- commis- commis- ship of Term Limitations (years) on terms sloe State and court title @ions stoners commission!'

6 Not consecutive Yes 2 16 r ALA1AMA- -All courts Yes 7 e 6 None ALASKA--All courts 1 27 B 4 None Yes ARIZONA: 2 . No a 1 None Municipal Court (Tucson) 1 9 COLORADas 8 , 6 Not consecutive Yes Supreme Court 1 12 6 Not consecutive Yes District Court 22 176 e 4 , Hone Yes County Court 1 8 e 3 No more than 2 No DKLAWARE --All courts 1 9 a - consecutive terms

FLORIDA: e 4 None No Supreme Court 1 9 4 None No District Court 4 36 e e * None No Circuit Court 20 180 GEORGIA: Supreme Court, Court of Aipeals, Concurrent None No and Superior Court 2 20 e with term of Gover- nor . 4 None No MUilicipal Court 8 e 8 None No 1 10 e Other courts No 9 8 6 Not consecutive HAWAII--All courts 1

IDAHO: Supreme Court and District 8 6--Supreme None Yes Court 1 7 4 Court Magistrates' Division of the 2 (attorney . None Yes District Court 7 35 e members) 6 (lay members

INDIANA: None Yes 7 e 6 Appellate courts 1 No more than 2 Yes 4 28 8 4 Superior Court consecutive terms 2 No more than 2 Yes 1 11 8 Municipal Court consecutive terms

IOWA: 8 6 Not co --enrii Yes Appellate courts 1 13 6 Not con e tive Yes District Court 13 143 8 6 N ecu ve Yes Judicial Magistrate Court 99 594 8

KANSAS: 5 No more than 2 No 1 11 8 Appellate courts consecutive terms 4 None Yes District Court 23 Varies, de- 8 pending on number of counties in district KENTUCKY: g 4 None Yes Appellate courts 1 7 4 None Yes District Court 7 49 B 4 None Yes Circuit Court 56 392 B MARYLAND: No P Co-exten- None Appellate courts 1 13 sive with Governor P Co-exten- None No Trial courts 8 104 sive with Governor

46 JUdges Number of Total Partisan- Term of required commis- commis- ship of commission Limitations on commis - State and court title sions eioners commission? (years) on terms eion

3 No MASSACHUSETTS --All courts 1 11 No more than 2 consecutiva terms MISSOURI: Appellate Courts 7 6 Not consecutive Yes Circuit Court 4 20 6 Not consecutive Yes Municipal Court 1 5 4 Not consecutive Yes MONTANA- -All courts 1 7 4 None Yes NEVADA: Supreme Court 7 4 None Yes District Court 9 4 None Yes

NEBRASKA: Supreme Court 7 63 6 Not more than 2 terms Yes and not consecutive District Court 21 189 Term ends Not more than 2 terms Yee upon ar and not consecutive pointment County Court 21 189 4 Not more than 2 terns Yes and not,consecutive

Juvenile Court 1 9 6 Not more than 2 terms Yes and not consecutive

Workman's Coupensation Court 1 9 6 Not more than 2 terms Yes and not consecutive NEW YORK: Court of Appeals 1 12 5 4 None No New York City courts 1 27 1 Co-extensive None Yes with mayor All other courts 5 60 4 None No NORTH CAROLINA--All courts 1 34 1 None Yes NORTH DAKOTA- -All courts (Currently awaiting implementinglegislation) No OKLAHOMA--All courts 1 13 6 Not consecutive PENNSYLVANIA: None Yee Appellate courts 1 7 Is 3 No Trial courts 1 11 Is 3 None Yes SOUTH DAKOTA 1 7 B 4 None No TKNNESSBE 1 11 B 6 Not consecutive

UTAH: Supreme Court 7 4 Not consecutive Yes District Court 7 49 4 Not consecutive Yee VERMONT--All courts 11 2 No more than 3 terms No 6 (bar Not consecutive elected) No WISCONSIN- -All courts 1 9 1 None WYOMING--AIl courts 2 14 4 Not consecutive Yes Yes DISTIRCT OF ODLUMAIA--All courts 1 7 (a) None

1If the representation of each political party was restricted, or if the Commission was expressly declared to be nonpartisan, then the Commission wee judged to be bipartisan. Otherwise, the Commission was judged to be partisan.

Key: 1 lipartfsan P Partisan

'Members appointed by President--5 years; members appointed by Board of Governors--1 for 3 years and 1 for 6 years.

Source: State Court Administrators; Review of state statutes by the NCSP staff and staff of the American Judicture Society; Burton N. Atkins, "Merit Selection of State Judges," Florida Bar Journal Volume 50, (April 1976), pages 205-207.

47 Table 14:Judicial discipline, 1980. Name of investigating body, how and when established, membership, term, adjudicating body, removing body, and legal basis.

Year Membership Established estab-Jud- Law- Term Legal State and investigating body by lishedges yers Lay Total 4years) Adjudicating body Removing body basis

MAMMA- -Judicial Inquiry Commission Constitution 1973 3 2 2 7 4 Court of the Judiciary Court of the Constitution Judiciary* ALASIA --Commission on JUdicial Qualifications Constitution 1968 5 2 2 9 4 Commission 'on Judicial Qualifications Supreme Court Constitution ARIZONA - -Commission on Judicial Qualifications qaPititution1970 5 2 2 9 4 Commission on Judicial Qualifications Supreme Court Constitution ARKANSAS - -Judicial Ethics Committee& Statute 1977 5 4 Judicial Ethics Committee General Assembly Constitution Judicial Qualifications Committee& Statute 1977 Supreme Court Supreme Court Stafute

CALIFORNIA - -Commission on Judicial Performtnce Constitution 1960 5 2 2 9 4 Commission on Judicial Performance Supreme Court Constitution COLORADO- -Commissiodvon Judicial Qualifications Constitution 1967 5 2 2 9 4 Commission on Judicial Qualifications Supreme Court Constitution CONNECTICUT - -Judicial Review Council Statute 1977 5 3 3 11 6 Judicial Review Council Supreme Courtb Constitution DELAWARE -Court on the Judiciaryc Constitution 1969 0 4 2 6 3 Board of Examining Officers Court on the Constitution al Judiciary

FLORIDA - -Judicial Qualifica- tions Commission Constitution 1966 6 2 5 13 6 Judicial Qualifications Commission Supreme Court Constitution GEORGIA - -Judicial Qualifica- tions Commision Constitution 1972 2 3 2 7 4 Judicial Qualifications Commission Supreme Court Constitution HAWAII -Commission on Judicial Discipline Constitution 197 0 3 4 7 3 Commission on Judicial Discipline Supreme Court Constitution IDAHO- -Judicial Council Statute 1967 2 2 3 7 6 Judicial Council Supreme Court Statute

ILLINOIS - -Judicial Inquiry Board Constitution 1971 2 3 4 9 4 Illinois Courts Commission Illinois Courts Constitution Commission INDIANA--Commission on Judicial

Qualifications Constitution 1970 1 3 3 7 6 Commission on Judicial Qualifications Supreme Court Constitution IONA--Commission on Judicial

Qualifications Statute 1973 1 2 4 7 6 Commission on Judicial QualifiCations Supreme'Court Constitution KANSAS--Commission on Judicial Qualifications Court Rule 1974 4 3 2 9 4 Commission on Judicial Qualifications Supreme Courtd Constitution KENTUCKY--Judicial Retirement

and Removal Commission Constiiution 1976 3 1 2 6 4 Judicial Retirement and Removal Judicial Retire-Constitution Commission ment and Re- moval Commis- t sion* LOUISIANA - -Judiciary Commission Constitution 1948 3 3 3 9 4 Judiciary Commission Supreme Court ConstitutiOn MAINE- -Committee on Judicial Responsibility and Disability Court Rule 1978 2 2 3 7 6 Committee on Judicial Responsibility (e) and Disability MARYLAND- -Commission on Judi- cial Disabilities Constitution 1966 4 2 1 7 4 Commission on Judicial Disabilities Court of Appeals Constitution

MASSACHUSETTS - -Commission on Judicial Conduct Statute 1978 3 3 3 9 3 Commission on Judicial Conduct MICHIGAN--Judicial Tenure Constitution Commission Constitution 1968 5 2 2 9 3 Judicial Tenure Commission Supreme Court MINNESOTA--Board on Judicial Standards Statute 1971 3 2 4 9 4 Board on Judicial Standards Supreme Court Constitution MISSISSIPPICommission on Supreme Court Constitution Judicial Performance Constitution 1979 4 1 2 7 6 Commission on.Judicial Performance8

MISSOURI - -Commission on Retire- ment, Removal and Discipline Constitution 1972 2 2 2 6 6 Commission on Retirement, Removal Supreme Court Constitution and Discipline MONTANA - -Judicial Standards Constitution Commission Statute 1972 2 1 2 5 4 Judicial Standards Commission Supreme Court NEBRASKA - -Commission on Judi- Constitution cial Qualifications Statute 1966 7 2 2 11 4 Commission on Judicial Qualifications Supreme Court NEVADA -Commission on Judicial Discipline Statute 1976 2 2 3 7 4 Commission on Judicial Discipline Commission on Constitution Judicial Discipline*

NEW HAMPSHIRECommittee on 1 Judicial Conduct Court Rule 1977 3 2 2 7 4 Committee on Judicial ConduCt (h) NEW JERSEYAdvisory Committee on Judicial Conduct Court Rule 1974 21 31 41 9 2 Supreme Court Supreme Couit Constitution NEW MEXICOJudicial Standards Constitution Commission Constitution 1967 2 2 5 96% 4 Judicial Standards Commission Supreme Court NEW YORK--State Commission on Judicial Conducti Constitution 1977 4 5 2 11 4 State Commission on Sudicial Conduct* State Commis-Constitution sion on judicial Conauct*

NORTH CAROLINA --Judicial Statute Standards Commission Statute 1973 3 2 2 7 6 Judicial Standards Commission Supreme Court NORTH DAKOTA - -Commission on Statute Judicial Qualifications Statute 1975 2 1 4 7 3 Commission on Judicial Qualifications Supreme Court OHIO- -Board of Commissioners on Grievances and Disciplinek. Statute 1965 0 17 0 17 3 Commission of Judges Commission of Statute Judges* OKLAHOKA--Council on Judicial Constitution Complaints1 Statute 1974 0 2 1 3 5 Trial Division, Court on the Appellate Divi- Judiciary sion, Court on the Judiciary Table 14: Judicial discipline, 1980 (continued)

Year Membership Established estatr- Jud- Law- Term Legal State and investigating body by lished ges yers Lay Total (years) Adjudicating body Removing body basis

OREGON- -Commission on Judicial Fitness Statute 1967 3 3 3 9 4 Comilssion on Judicial Fitness Bupreme Court Constitution PENNSYLVANIA- -Judicial Inquiry and Review Board Constitution 1968 5 2 2 9 2,3,64 Judicial Inquiry and,Review Board Supreme Court Constitution RHODE ISLAND- -Commission on Judicial Tenure and Discipline Statute 1974 4 3 718 13 3 Commission on Judicial Tenure and Supreme Courtn Statute Discipline SOUTH CAROLINA- -Board of Com- missioners on Judicial Standards4 Court Rule 1976 6 2 0 8 6 Board of Commissioners om Judicial Supreme Court Constitution Standards

SOUTH DAKOTA--Commission on Judicial Qualifications Statute 1972 2 3 2 7 4 Commission on Judicial Qualifications Supreme Court Constitution TENNESSEE --Court of the Judiciary Statute 1979 6 3 2 11 4 Court on the JudiciarY , General Statute Assembly° TEXAS --State Commission on 41t,

Judicial Conduct Constitution 1965 5 2 i; 11 6 State Commission on Judicial Conduct Supreme Court Constitution gUTAH -Commission on Judicial Qualifications Statute 1968 (See footnote p) 7 Commission on Judicial Qualifications Supreme Court Constitution

VERMONT--Judicial Responsibil- ity Board Court Rule 1978 0 3 2 5 5 Judicial Responsibility Board (q) VIRGINIA--Judicial Inquiry and Review Commission Statute 1971 2 2 1 5 4 Judicial Review and Inquiry Supreme Court Constitution Commission WASHINGTON (There is no provision for a disciplinary commission in this state.) WEST VIRGINIA--Judicial Inquiry Commission Court Rule 1976 3 2 2 7 4 Judicial Review Board (r)

WISCONSIN--Judicial Commission Court Rule 1978 2 2 5 9 3 Judicial Conduct and Disability Panel Supreme Court Constitution or Jury WYOMING--Judicial Supervisory Commission Constitution 1973 2 2 3 7 4 Judicial Supervisory Commission Supereme Court Constitution AMERICAN SAMOA (Information not available) DISTRICT OF CeLUMBIA--Commis- sion on Judicial Disabil-

ities and Tenure Statute 1970 1 2 2 78 6 Commission on Judicial Disabilities Commission on Statute and Tenure Judicial Disabilities and Tenure* GUAM (Information not available) PUERTO RICO (See footnote 0 VIRGIN ISLANDS (Information not available)

4 g *With appeal to the court of last resort. Committee extends only to judges of courts of limitedjurfsdiction. The Judicial Ethics *The authority of the Arkansas Judicial Qualifications judiciary and to report its ticommendation to Committee was created to investigate violations of lawand other matters of sll members of the chancellors can be removed only by impeachment oraddress. the General Assembly. Supreme Court justiceb, circuit judges, and bin Connecticut, elected judges (probate judges and justices of the peace) areexcluded. or three Bar members, appointed by the chief justice forthree-year terms, investigates cIn Delaware, a preliminary investigatory committee complaints and determines probable cause. Court Nominating Committee upon certification tothe Governor, but can be dJustices of the Kansas Supreme Court can be retired by the Supreme removed only by impeachment. Committee shall file any recommendation for eTbe order establishing the Maine Committee on JudicialResponsibility and Disability states that the Court, and that, "Any further proceedings shallbe before the Court." formal disciplinary action with the Supreme Judicial disposition of the matter and to fTbe disciplinary authority of the Massachusetts Commission on JudicialConduct is to recommend an appropriate forward its recommendation to the Supreme Judicial Courtfor its consideration and further action, if any. determined by panel of seven Circuit Court and &hen a Mississippi Supreme Court justice isinvestigated, the recommendation for disposition is Chancery Court judges, selected by lot. judgment directing such disciplinary hNew Hampshire Supreme Court Rule 28, section X, states: "The Supreme Court shall file a written opinion and action as it finds just and proper . . ." Judicial Conduct readi "at least 2 judges","not,more than 3 attorneys", and iThe rule for selecting members bf the New Jersey Advisory Committee on It would be possible for all 9 members to be judges. "not more than 4 public members": subject to revi iTbe New Xork State Commission on Judicial Conduct has the authority toimpose disciplinary sanctions, including removal, Court of Appeals. submitted by a local state bar ethics committee signedand sworn by one or more kTbe Ohio Board of Commissioners investigates only those complaints members of the Ohio bar. complaints; in practice the Council has forwarded itsfindings to the Chief 1The Oklahoma Council on Judicial Complaints receives and investigates be Invoked by\a petition, Judiciary. The jurisdiction of the Trial Division of the court may Justice who files the petition with the Court on the of the Oklahoma Bar by the Governor; by th torney General; or by the Executive Secretary filed either by the Supreme Court or the Chief Justice; Resolution of the House of Delegates or Association when directed to do so by a vote of a majorityof all members of i s Executive Coundil; or by House of Representatives. Judicial Tenure and Discipline, 3 must be legislators,who serve for 2 years. 40f the 7 members of the Rhode Island Commission on The Supreme Court is empowered to recommend nIn Rhode Island, the removal authority of theSupreme Court does not extend to Supreme Court justices. legislature which can initiate impeachment proceedings. the removal of a Supreme Court justice to the Court. If the Supreme Court of the Judiciary. The acrbsed has the right of appeal to the Supreme °In Tennessee, trial is conducted before the Court General Assembly where a two-thirds vote ofeach affirmsthe judgment and the penalty is removalfrola office, the )udgment is further reviewed by the house is required for removal. 3 bar commissioners serve for 4 years. PIn Utah,tworepresentatives and 2 senators serve for 2 years, and including suspension for the remainder of ajudge's term. 9The Vermont Supreme Court may order disciplinary sanctions rIn West Virginia a jpstice or judge may be removed only byimpeachment. and serve 5 year terms. *Two members of the District of Columbia Commission onJudicial Disabilities and Tenure are unspecified Supreme Court, but no disciplinary commission. tPuerto Rico has judicial disciplinary procedures within their

American Judicature Society 1978, Table1; state descriptions. Sources: Irene A. Tesitor, Judicial Conduct Organizations, Table 15:Judicial compensation commissions, 1980. Name of commission, date of enabling legislation, number, appointment, and compensation of members.

Date of Number Compensation Name of enabling of Appointment Reimbursement of expenses State commIssion legislation members of members Par diem , ALABAMA Judicial Compensa- 1975 5 1 by Governor N/A Actual expenses tion Commission 1 by President of Senate 1 by Speaker of the House 2 by Alabama Bar

ALASKA Alaska Salary #1976 5 5 by Governor (a) Travel Commission expenses.

ARIZONA Commission on 1975 5 2 by Governor N/A Travel and Salaries for Elec- 1 by President of Senste subsistence expenses tive Officials 1 by Speaker of the House 1 by Chief Justice

COLORADO Colorado State 1975 9 3 by Governor N/A Actual and Officials' Compen- 2 by President of Senate necessary sation Commission 2 by Speaker of the House expenses 2 by Chief Justice

CONNECTICUT .Compensation Commis- 1971 11 3 by Governor N/A Necessary sion for Elected 2 by President of Senate expenses State Officers and 2 by Speaker of the House Judges 4, 2 by each minority leader of legislature

FLORIDA State Officers' 1972 9 2 by Governor N/A Travel Compensation 2 by President of Senate expenses Commission 2 by Speaker of the House 2 by Chief Justice

1 by other commission members

GEORGIA State Commission 1971 12 4 by Governor $25/day Expenses and on Compensation 2 by Lt. Governor allowances 2 by Speaker of the House 4 by Supreme Court

ILLINOIS Commission on Cour 1967 5 5 by Governor, with $50/day to Actual and pensation of State advice and consent a maximum necessary and Local Govern- of Senate of 100 days expenses mental Officials pet year

IOWA Commission on Com- 1972 15 5 by Governor N/A Actual and pensation Expenses 5 by Speaker of the House necessary and Salaries for 5 by President of Senate expenses Elected State Officials

Actual and KENTUCKY Public Officials 1976 5 1 by Governor $50/day Coepensation 1 by Lt. Governor necessary Commission 1 by Speaker of the House expenses 1 by President of Senate

1 by Chief Justice

LOUISIANA Coepensation Review 1975 19 5 by Governor (b) Actual arta Commission (amended 5 from the House of necessary 1977) Representatives by expenses Presiding Officer 5 from Senate by Presid- ing Officer

1 by Chief Justice 1 by Chairmen of Confer- ence of Court of Appeals Judges

1 by Louisiana District Judges' Association

1 by Louisiana City Judges' Association

C. Date of Number Compensation Nemo of enabling of Appointment Reimbursement State commission legislation members of members Per diem of expenses

MICHIGAN .... State Officers' 1968 7 7 by Governor N/A Actual and Compensation (amended necessary Commission 1977) expenses

Travel MONTANA . Montana Salary 1973 8 2 by Governor $25/day Commission (amended 2 by Supreme Court expenses 1974 and 1 by Senate Majority 1975) Leader 1 by Senate Minority Leader

1 by Speaker of the House

1 by the House Minority Leader

NEW YORK ....Commission on 1972 9 9 by Governor, with $100/day Actual and Legislative and advice and consent (to a maxi necessary Judicial Salaries of Senatec mum of expense5 $7,500 per member)

Actual and OHIO Elected Official 1972 9 9 by Governor with N/A and Judicial (amended advice and consent necessary Compensation Review 1973 and of Senate expenses Commdssion 1977)

PENNSYLVANIA.Commonwealth 1971 3 1 by Governor $50/day Costs and Compensation 1 by President of Senate expenses Commission 1 by Speakeof the House

SOUTH DAKOTACommdssion on 1971 5 2 by Governor N/A Actual and Salaries for (amended 1 by President of Senate necessary Elective State 1973) 1 by Speaker of the House expenses fr Officials 1 by Chief Justice

$25/day Necessary UTAH Executive Compensal 1969 5 1 by Governor expenses um) Commdssion (amended 1 by President,pf Senate 1971 and 1 by Speaker of the House 1977) 2 by other commission members

5 1 by Governor $25/day Actual and VERMONT . Compensation 1971 Advisory Board (redesig 1 by President of Senate necessary nated in 1 by Speaker of the House expenses' 1977) 2 by other commission members

MICHIGAN ....State Officers' 1968 7 7 by Governor N A Actual and Compensation (amended) necessary expenses

WASHINGTON ..State Committee on 1965 7 President, Puget Sound N/A Travel Salaries (amended University expenses 1967 and President, Washiwiton 1970) State UniversiW Chairman, State Personnel Board President, Association of Washington Business President, Pacific North west Personnel Managers Association President, Washington State Bar Association President, Washington State Labor Council

M/A Not applicable. aPer diem is authorised by law for boards and commissions. bPer diem for attendance of commdssion meetings is the slime as per diem for attendance of legislative sessions. cSix of the appointments are mode according to recommendations made by: President of the Senate--2; Speakee-of the Assombly--2; and Chief Judge of the Court of Appeals--2.

Source: State Court Admdnistrators; Marilyn McCoy Roberts, Judicial Compensation Commissions(Williamsburg, Virginia: National Center for State Courts, 1979), Tables 1, 2, and 3. Table 16: Jurisdiction of trial courts, 1980. Level and name of court, geographic jurisdiction, number of districts, number of judges, cMI, criminal, traffic, juvenile, and appellate jurisdiction.

. "8

Geographic bounds I. State, court level, and court name of court

ALASAMAs General--Circuit Court Multi-county 39 113 Lisited--District Court County 88 88 Probate Court County 67 67 Municipal Court Municipality 215 215

ALASKA: Geaeral - -Superior Court Multi-county 4 21 Limited- -District Court Multi-county 4 69c

ARIZONA: General --Superior Court County 14 80 Limited--Justice of the Peace Court Precinct 84 84 City Magistrate Court City 74 94

ARKANSAS: 19 33 General - -Circuit Court' Multi-county Chancery Court Multi-county 22 30 Probate Court Multi-county 22 (d) 98* ,Limited--Municipal Court County 98 County Court County 75 75 Court of Common Pleas County 12 (f) Justice of the Peace Court Varies 3 2 Police Court City 1 3 City Court City 82 76

CALIPORNLA: General - -Superior Court County 58 607 Limited- -Municipal Court Combinations of 83 472 municipalities Justice Court Judicial District 100 96

COLORADO: General - -District Court Multi-county 22 106 Limited- -Denver Superior Court Denver City and G3unty 1 Denver Juvenile Court Denver City and County 1 3* Denver Probate Court Denver City and County 1 1 County Court County 63 108 Municipal Court Municipality 210 240h

CONINICTICUT: Gametal --Superior Court Judicial district lli 110 Limited--Probate Court Probate district 130 130

DELAWARE: General --Superior Court County 3 t 11 Court of Chancery County 3 3, LimitedCourt of Common Pleas County 3 5 jamily Court County 3 12 Municipal Court of Wilmington Wilmington 1 3 Alderman's Courth . Town 14 20 54k Justice of the Peace Court Part of a county 16

54 67 1441/44smigno uowrporani

ITaTO

/oursr/3 elm/eddy

m r1 o o i 1 0 0 m i n 40 re 4ft Ft n n n n M. n n M. m m 0 ii 0 ... m 0 M ... 07JJWIL OITUIDA0r r a t i

X oostxxxx x x x x X X x $ 000's X ) x x x x x x 000'09 x x

x x x x

X X X X X X X $ 00! X X X X X X X $ 006 X X X X X $ MOS X X X $ 006 X X X X X $ 006 X X X X $ 00£

X X X X XXXX 000'69 X x X 000'69 X X

X X 000'69 X X

X X X X X X X X X X X X T OW X X $ g 000 $ c ' X X X X X X X X X X X $ 0001T \ x x ----../

x x x x x x x x x x x x x x

X X x X X X X . X X *X X

J SS Table 16: Jurisdiction of trial botirts, 1980 (continued) 4

Of 44.40 I. - Geographic bounds State, court level, and court name of court

FLORIDA: General - -Circuit Court Multi-county 20 302 Limited - -County Court County 67 198

GEORGLA: GeneralSuperior Court Multi-county 42 110 LimitedProbate Courtb County 159 159 Juvenibt Court County 55 ygn Justice of the Peace Court Militia District 1,774 1,531 State Court County 60 77 Small Claims Courtb Varies 97 97 Municipal Court (located in Savanah and Columbus) .... Illy 2 2 Magistrate Court 4 5 /'!":ty County Court ounty 3 2t Civil Court County 2 3 Criminal Court, Municipal Court (other locations), Recorder's Court, Mayor's Court, City Council Court, and Police Court') Varies 383 (v)

HAWAII: Gtneral - -Circuit Court County 4 25' Land Court State I (y) Tax ARpnal Court , State I (y) Limited - -District Court County 4 18

IDAHO: General - -District Court Multi-county 7 99z

ILLINOIS: GeneralCircuit Court Multi-county 21 677aa

INDIANA: General - -Circuit Court MAU -county 88 88 Superior Courtac County 35 83 Limited- -County Court Multi-county .65 65 Probate Court County I I Municipal Court of Marion County County I 15 Small Claims Court of Marion County County 8 8 City Court City 47 47 Town Court Town 19 19

IOWA: General - -District Court Multi-county 8 30e

ILKNSAS: General --District Court Multi-county 29 21Iaf Limited - -Municipal Court. City 369 35644

KENTUCKY: General - -Circuit Court.4 Multi-county 56 91 Limited- -District Court Multi -county 56 123

56 s 69 Substantive jurisdiction

Civil

Criminal Appellate

I. o O

i ,-1 1 44 .., 0 'I 4 14 i > ..4 TrafficJuvenile .., i4 A 0 A Z c.)

X X X $ 5,000 X X X X X X $ 5,000 X N.)

X X X X X X X X Xm Xm Xm X X X X $ 2000 XP X X X. X X X $ 40041 X X $ 1,500r X X X X $ 1,0006 X X X X $ 500° X X $ 3,000v

x x X X $ 1,000 x x x x X X X X X X X $ 5,000 X X

X X X X X X X X

xab x X X X X X X X X X X X X X X X X X X X X $ 3,000 X X 4 X X x x x X $12,500 X X X X X $ 1,500 X X Varissad X X 4 A X X x x x x x x x x x x x x x x x x x x x x x

X X X $ 1,500 X X X X X X $ 1,500 X X X

57 7 0 Table 16: Jurisdiction of trial courts, 1980 (continued)

Geographic bounds State, court level, and court name of court

LOUISIANA: General--District Court Multi-parish 41 161 Limited--Juvenile Court Parish 3 9 Family Court Parish 1 3 City Court Ward 49 60mb Parish Court Part or all of a parish 3 5 Muniqtpal Court of New Orleans City 1 4m Traffic Court of New Orleans Parish 1 4a Justice of the Peace Court Single or multi-wards 376 376m Mayor's Court Municipality 250 25Oai

MAINE: General--Superior Court County 16 14 Limited--District Court 33 20 Probate Court County 16 16 Administrative Court State 2aj

MARYLAND: 0 General7-Circuit Court Multi-county 8 97 Limited--District Court Multi-county 12 87 Orphans' Court Cohnty 22 66m

MASSACHUSETTS: Ceneral--Trial Court of the Commonwealth: Superior Court Department County 14 56 Housing Court Department Cpunty 2 3 Land Court Department State 1 3 Probate and Family Court Department County 14 33 Boston Municipal Court Departmeat City 1 9 Juvenile Court Department Divisions 4 7 District Court Department Divisions 69 153

MICHIGAN: Ceneral--Circuit Court Multi-county 52 147 Recorder's Court of Detroit CitgLoldpetroit 1 26 LimitedDistrict Court Combniiions of citiesand 98 214 counties Probate Court County 83 106 Municipal Court Varies 8 8 Common Pleas Court of Detroit Wayne County 1 13

MINNESOTA: Ceneral--District Courtb Multi-county 10 72 List:AdProbate Court County 2 2 County Court County 67 136 County Municipal Court County 2 28 Conciliation Court County 69 (am)

58 71 , X X X x X X x X x X DomesticEstate relations )4 x X x xx Xx X X XX X X X x OtherLaw civil XxXxX ino.- X XXxX >4 ..in 0V.Ni Minimumjurisdiction $ -amount ....".40 1....,..00.0 0 o0 in 40 / P..""in in-80s- 8 Ls in 0- in0ln in0V. 6) 4.0io Maximumjurisdiction $ -amount 000 X X Xx X X X X X X X x X , MisdemeanorFelony X X 74 X )4 X X X X X X X X X X X X x x X X X X X x AdministrativeCriminalagency Table 16: Jurisdiction of trial courts, 1980 (continued)

41j 4.1 o $4.-1 0 0 w u 0

4.4 e Ie 0 4+

$..

Geographic bounds 144 .o State, court level, and court name of court 14 z MISSISSIPPI: General--Circuit Court Multi-county 20 30 Chancery Court Multi-county 20 35 LimitedCounty Court County 16 20an

Family Court County 1 1 Municipal Courtb (ao) (ap) 150a Justice Court Justice court.district 410 420

MISSOURI: General--Circuit Court Judicial circuit 43 300a9

MONTANA: General--District Court Multi-county 19 32 Limited--Justice of the Peace Court County 90 90 City Court City 100 100at Municipal Court . Municipality 2 2 Water Court Water division 4 (as)

NEBRASKA: General--District Court Multi-county 21 45 Limite8--County Court Multi-county 21 43 Separate Juvenile Court County 3 4

Municipal Court ' City 2 13 Workmen's Compensation Court .... State 1 5

NEVADA: General--District Court Judicial district 9 29 LimitedJustices' Court Township 60 60at Municipal Court City or town 21 21

NEW HAMPSHIRE: General--Superior Court County 10 15 Limited--Probate Court County 10 10' District Court Judicial district 41 84au Municipal Court Town 15 201"

NEW JERSEY: General--Superior Court ogi Multi-county 21 214 LimitedCounty District Court CountF 21 39 Juvenile and Domestic Relations Court County 21 33 Surrogate's Court County 21 21 Municipal Court ...2 Municipality 526 372a1 Tax Court State 1 9

NEW MEXICO: General--District Court Multi-county 13 44 Limited--Magistrate Court County 32 72ax Municipal Court Municipality 96 96' Probate Court County 32 32

Metropolitan Court of Bernalillo CountyaY County 1 11 Small Claima Court of AlbuquerqueaY Municipality 1 1

. 60 Substantive jurisdiction Civfl

Criminal Appellate

I. 0 c i .-1 Traffic Juvenile r.u

X X X X x X x x X X $10,000 x x x x x x x X X $ 500 x x

X X X $ 50 X X X X X X X X $ 1,500 X X X X $ 300 X ., X X $ 300 X X X

Ir. X X X $5,000 X X X X X X X X X $ 5,000 X X X X X X X $ 5,000 X X X X

X X X X $ 300 x x x x X $ 75 x x X X $ 750 x x

X X X $ 500 X X X

$ 5,000 X X X $ 500 X X

X X X X X $ 3,000 X X

X 11.

x x X X X X X X X X X $ 2,000 X X X X X $ 5,000 X X X $ 2,000 X

61 74 Table 16: Jurisdiction of trial courts, 1980 (continued)

Geographic bounds State, court level, and court ilame of court

NEW YORK: General--Supreme Court Multi-county 11 263 County Court County 57 104 Limited--Surrogate's Court County 62 35ba Family Court County 58 lobs

Civil Court of the City of New York City of New York 1 120

Criminal Court of the City of New York City of New York 1 98 District Court Varies 2 49 City Courtb City 61 161bc Court of Claima Multi-county 9 43be Town Justice Court and Village Justice Court Municipality 2,424 2,424

NORTH CAROLINA: General--Superior Court Multi-county 33 66 Limited--District Court Multi-county 33 136

NORTH DAKOTA: General--District Court Multi-county 7 24 Limited--County Court County 36 36 County Court with Increased Jurisdiction County 17 17 County Justice Court County 36 36 Municipal Court Municipality 187 190

OHIO: General--Court of Common Pleas County 88 313 189 Limited--Municipark,Court /.. Varies 110 County Court Varies 59 59 Mayor's Court Municipality 700 690

Court of Claims ....4 State 1 (bf) -,t-

OKLAHOMA: General--District Court Judicial district 26 1984 Limited--Municipal Criminal Court of Record City 2 19bh Municipal Court Not of Record City 167 534bi

Workers' Compensation Cour State 1 (bj) Court of Tax Review State 1 (bk)

, Court of Rank Review State 1 (bk)

OREGON: I General--Circuit Court Multi-county 20 75

Tax Court State 1 , 1 Limited--District Courtb Multi-county 24 55 Justice Court Portion of county 40 40 County Courtb County 9 9 Municipal Court City 165 193

PENNSYLVANIA: General--Court of Common Pleas Multi-county 59 285 imited--District Justice Court Magisterial district 555 555 Community Courtbl (bl) 01) obl Zhiladelphia Municipal Court Philadelphia County 22 Philadelphia Traffic Court Philadelphia County 1 6 Pittsburgh Magistrates Court City of Pittsburgh 1 6

75 62 Substantive jurisdiction Civil 1

e'Criminal Appellate

TrafficJuvenile

$ 6, 000az X $ 6, 000bb X X

X $10,000

$ 6,000 X (bd) X X $ 3, 000 X

X X X $5,000 X X X $ 5,000

x x x x x x x $ 1,000 x x $ 200

X X X X X X $ 500 X X X X $10,000 X X X X X $ 3,000 X X X X X X X

X X X X

x X x x

X X X X X X X X $ 3,000 X X

X X X X X $ 3,000 X X $ 2, 500 X X , X X

X X X X X X X X $ 2, 000 X X X $ 2,000 X X X X $1, 000 X X X

X x X

63 76 Table 16: Jurisdiction of trial courts, 1980 (continued)

*4, 47, 0 I. Geographic bounds State, court level, and court name . of court

RHODE ISLAND: Ceneral--Superior Court County 4 19

Limitedfamily Court State 1 11 District Court Judicial district 8 13 Probate Court City or town 39 39a Municipal Court City or county 3 5a

SOUTH CAROLINA: GeneralCircuit Court Multi-county 16 31 Limited--Family Court Multi-county 16 46 Probate Court County 46 46 Magistrate's Court Magisterial District 322 330 Municipal Court Municipality 82 250

SOUTH DAKOTA: General - -Circuit Court Multi-county 8 141bm

TENNESSEE: '.4 GeneralCircuit Coure Multi-county 31 58

Criminal Cotrt,.- Multi-county . 13 e 26 Chancery CourC Multi-county 18 27 Law and Equity Court County 4 5 LimitedCounty Court County 68 68_

General Sessions.Courtb 11. County 92 92 Probate Court County 3 2bP Juvenile Court County 16 .61041 Trial Justice Court County 2 2 Municipal Court Municipality 300 192

TEXAS: Ceneral--District Courtb ... Varies 310 310 Limited--County Court: County Court Constitutional County 254 254 County Court at Lawb C nty 98 98 Probate Court . Cou ty 8 8 Justice of the Peace Court PreciTct 972 972 Municipal Court Munilpality 863 863

UTAH: i Ceneral--District Court Judicial district 7 24 LimitedCircuit Court Judi ial circuit 12 33 Justice Court Munic ality 210 170 Juvenile Court State 5 9

VERMONT: r 38br GeneralSuperior Court County \ 14 Limited--District Court Multi-coUmsty 16 14 Probate Court All or partlof a county 19 19a ,/ VIRGINIA: General--Circuit Court Multi-county 31 111 Limited--General District Court Multi-county 32 gabs Juvenile and Domestic Relations District Court Multi-county 32 65

64 77 Substantive jurisdiction Civil

Criminal Appellate

TrafficJuvenile *

X X $ 5,000 X X X X X x,J X X X $ 5,000 X X X X X X

- -\\ X X X X X X X X X X x x x x x x $ 1,000 X x x x $ 1,000 X X

x x x $ 50bn x x x x x X X X X X X X X $ 50 : X X X X $ 50 X bo X X X X X X X X X $10,000 X X X X X X X X X $10,000 X .: X X

X X X X $ 500

1 X X $ 200 $ 1,000 X i X X X $ 200 $ 5,000 X X X 2.r_,, X X $ 500 X X

X X X X X X $ 5,000 X X X X $ 750 x x x

X X X $ 200 X X X X X X X $ 5,000 X X X X X X X

x X X $ 1,000 X X X X X X X X $ 5,000 X X X X X X

65 Table 16: Jurisdiction of trial courts, 1980 (continued)

Geographic bounds State, court level, end court name of court

WASHINGTON: General - -Superior Court Multi-county 28 118 Limited- -Justice of the Peace Court Columbia County 1 9:bu District Court Part or ell of a county 73 Municipal Court Municipality 225 206bv

WEST VIRGINIA: General - -Circuit Court Multi-county 31 60 Li:sitedMagistrate Court County 55 150 Municipal Court Municipelity 54 54

WISCONSIN: General --Circuit Court Multi-county 69 190 Limited--Municipal Justice Court Municipality 216 216

WYOMING: GeneralDistrict Court Multi-county 9 15 LimitedCounty Court County 2 4 Justice of the Peace Court County 38 43* Municipal Court MOnicipality 74 77*

AMERICAN SAM)A: 7bw General - -High Court of American Samoa Territory 1 Limited- -District Court Territory 1 1 Village Court Village (bx)

DISTRICT OF COLUMBIA: General- -Superior Court District 1 44

GUAM: General - -Superior Court Territory 1 5

PUERTO RICO: General- -Superior Court Court district 12 92 Limited --District Court Municipality 3$ 99 Municipal Court Municipality (by) 60

VIRGIN ISLANDS: Limited - -Territorial Court of the Virgin Islands Judicial division- 2 5

*Judges in this court serve pert-time. bJurisdiction in this court varies from locution to locution. eThere ere 23 judges end 46 magistrates that serve the Alaska District Court. 4Chancellors (judges of the Chancery Court) also serve the Probate Court in Arkansas. Four of the judges of the Arkansas Municipal Court serve es full-time Judges; the remaining 94 serve pert-time. 1County judges serve the Arkansas Count of Common Pleats. $The maximum 8-amount of civil jurisdiction of the Arkansas Court of Common Pleas varies from 8500 to 81,500. boThe Colorado Municipal Court is served by 15 full-time and 225 part-time judges. 4/hen hearing juvenile cases, the Commecticut Superior Court is divided into 15 districts. in.Delaware Sount of Chancery is served by 1 chancellor end 2 vice chancellors. bJudges serving the Delaware Justice of the Peace Court qonsist of 53 justices of the peace and 1 chief megistrete.

66 Substantive jurisdiction

Criminal Appellate

.., .., o

w 1g 1g 1 ...4 o . 4.. ./.. ,, o .4 u u ..

I. I i a iu .4 1 o x o w w w -4 6, w TrafficJuvenile A 31 A c..

X X X X X X $ 3,000 X X X X X $ 1,000bt X X X $ 3,000 X

X X X $ 100 X X X X $ 1,500 X X XXXX

x X X X X $ 500 x x x x x X X $ 7,000 x X X $ 4,000 x x x x

X X X X $ 3,000 X X X X $3,000 X X X

X X x X X

XXXX X X X

i x x X $10,000 X X X X X X X X X $10,000 X X X

XXXX $50,000 X X X

1The Delawar Justice of the Peace Court in Wilmington has no criminal jurisdiction. In counties with no State Court or County Court, the Georgia Probate Court hears violation& of the Georgia State Highway Patrol Act of 1937, truancy, and fish and gameviolations. %rive State Courts hear juvenile cases in counties with no separate Juvenile Court in Georala. *Th Pasount of civil jurisdiction of the Georgia Justice of the Peace Court varies up to $2,000 in soma locations. 'The Georgia Justice of the Peace Court has an internal appeal mechanism as an alternative to appeal to the Superior Court. The appeal I. made to a jury composed of the justice of the peace and five other jurors9The $-amount of civil jurisdiction of theGeorgia Small Claims - Court varies up to $5,000. rThe maximum $-amount of civil jurisdiction of the Georgia Municipal Court in Savannah is $1,500; it is $5,000 in Columbus. 'The $-amount of civil jurisdiction of the Georgia Magistrate Court varies up to$2,000 in Rockdale and Clarke Countis. 67

8 (1 Table 16: Jurisdiction of trial courts, 1980(continued)

tOne probate judge serves as judge of the Georgia County Court inaddition to the two county judges that serve it. uThe maximum $-amount of civil jurisdiction of theGeorgia County Court varies up to $500 in Echols County. vThe $-amount of civil jurisdiction of the GeorgiaCivil Court varies up to $10,000 (in Richmond County). wThe number of judges serving these courts in Georgia is notavailable. aThe Hawaii Circuit Court I. served by 20 regular judgesand 5 judges in the Family Court Diviaion. YThe Hawaii Land Court and Tax Appeal Court are each servedby one judge from the First Judicial Circuit Court. zThe Idaho District Court is served by 30 judges and70 magistrates (in the Magistrate's Division). aaThe Illinois Circuit Court is served by 383 circuit and294 associate Small Claims Court abille Indian& Circuit Court has appellate jurisdiction in small claims o of Marion County. acJurisdiction of the Indian& Superior Court varies from location tolocat on. iidThe maximum civil jurisdiction of the Indiana City Court varies from $500 ft 1,500. aeThere are 92 full-time and 3 part-time judges,13 district associate judges, 17 regular and 9t substitute full-time magistrates, and 166 part-timemagistrates serving the three divisions of the District Court orIowa. afThere are 70 district, 67 associate district, and 74 district magistrate judgesserving the Kansas District Court. Municpal Court. a8There are 1 full-time and 355 part-time judges serving the Kansas ahThere are 11 full-time and 49 part-time judges serving in the LouisianaCity Court. aiJudges of the Lousiana Mayor's Court are either the mayor of themunicipality or a legislatively authorized magistrate. ajThe Maine Administrative Court is served by 1 judge and 1 associate judge. akThe Mary land District Court has juvenile jurisdiction in Montgomery Countyonly. alThe Circuit Court in Wayne County, Michigan has a minimum $-amount forcivil jurisdiction of $5,000. amHearing officers serve the Minnesota Conciliation Court in Hennepinand Ramsey Counties. Elsewhere county judges serve this court. "The Mississippi County Court is served by 13 full-timeand 7 part-time judges. "The geographic boundaries of the Mississippi Municipal Courtvaries depending on the type of municipal ordinance violations but case. These courts have municipality-wide jurisdiction over county-wide limited jurisdiction over state criminal lawviolations. "The number of Municipal Courts in Mississippi is notavailable. agThe Missouri Circuit Court is served by 131 judges and169 associate judges. armany of the Montana City Court judges also function as jumtices of the peace. asThe Montana Water Court is served by 4 District Court judges. attune Justices of the Nevada Justices' Cobrt 'also serve as Municipal Courtjudges. "The New Hampshire District Court is served by 9 full-time and75 special or part-time judges. antic New Hampshire Municipal Court is served by 15 part-time and5 pecial judge,. awThe New Jersey Municipal Court is served by 2 full-timeand 75 special or part-time judges. aaThere are 11 full-time and 61 part-time judges serving the NewMexico Magistrate Court. aYThe Metropolitan Court of Bernalillo County, New Mexico, is to"be established on July 1,1980. The Small Claims Court of Albuquerque will be abolished atthat time. azThe New York Supreme Court hears civil cases above the$-amount jurisdiction of father courts, varying from location to location from over$6,000 to over $10,000. "The New York Family Court and Surrogate's Court are served by 37 countyjudges in addition to their regular, judges. hhThe maximum $-amount of civil jurisdiction in the New York County Court variesfrom $6,000 to $10,000 bc,The City Court of the tate of New York is served by 101 full-time and61 part-time judges. "The maximum $-amount of civil Jurisdiction of the City Court of the stateof New York is set by the legislation creating each individual court and variesfrom location to location. "The New York Court of Claims is served by 17 judges and 26 special judgesfor dangerous drug control. hfThe Ohio Court of Claims is served by judges and justices on temporary assignmentfrom the appellate or general jurisdiction courts. r h-"There are 71 district, 77 associate diitrict, and 50 specialjudges serving the Oklahoma District Court. hhThe Oklahoma Municipal Criminal Court of Record is served by 6 full-time and13 part-time

judges. , hiThe Oklahoma MUnicipal Court Not of Record is served by 1 full-time and533 part-time judges. hhhe Oklahoms Worker's Compensation Court is served by even district judges. "The Oklahoma Court of Tax Review end Court of Bank Review are served by threedistrict judges each.

68 blNo Community Court has yet been established in Pennsylvania. "The South Dakota Circuit Court is served by 36 judges,7 fulltime and II parttime lawyer magistrates, and 22 lay magistrates. bnThe $ amount minimum jurisdiction of the Tennessee Circuit Court varies up to $3,000 in some larger counties. biome only Law and Equity Court in Tennessee with appellate jurisdiction is the one located in Gibson County that hears civil appeals from the General Sessions Court. bPThe Tennessee Probate Court is served by1 county and 5 general sessions judges in addition to the 2 probate Judges that serve it. bc1The Tennessee Juvenile Court is served by 7 general sessions and 2 county judges and 1 trial )ustice in addition to the 6 juvenile judges that serve it. brThore are 10 judges and 28 assistant judges serving the Vermont Superior Court. "There are 83 fulltime and 15 parttime judges serving the Virginia Generil District Court. btThe maximum $amount varies from $500 to $1,000 in different locations of the Washington Justice of the Peace Court. buThe Washington District Court is served by 63 fulltime and 31 parttime judges. bv0f the 206 judges serving the Washington Municipal Court, 94 also serve in the District Court. hwThe trial division of the High-Court of American Samoa is authorized to be served by 2 justices and "not less than" 5 )udges. bxThe American Samoa Village Court is served by associate justices of the High Court of American Samoa. byThe number of locations of the Puerto Rico Municipal Court is not available.

Source: State Court_Administrators.

"C-

69 82 Table 17:Jurisdiction over appeals in trial courts, 1980. e of general jurisdiction court, type ofappeal, and court of origin.

Type of appeal and court of origin State and name of general On record jurisdiction court De novo

ALARAMA- -Circuit Court District Court Probate Court Municipal Court

District Court ALASKA - -Syperior Court District Court

ARIZONASuperior Court Justice Court Police Court

ARKANSAS - -Circuit Court Municipal Court County Court Court of Common Pleas Justice of the Peace Court Police Court City Court

CALIFORNIASuperior Court .... Municipal Court Municipal Court Justice Court Justice Court

County Court COLORADO - -District Court County Court

CONNECTICUT - -Superior Court Probate Court

DELAWARE - -Superior Court Justice of the Peace Court FamilyeCourt re# Municipal Court of Wilmington Alderman's Court

County Court FLORIDA--Circuit Court County Court

GEORGIASuperior iourt Probate Court Justice of the Peace Court Small Claims Court Municipal Cqurt Magfstrate's Court County Court Civil Court Recorder's Court Mayor's Court City Court Criminal Court Police Court

tlagistrates Division of IDAHOtrict_ Court Distrlct Court

INDIANA -7-Circuit Court= FasllClaime Court of Marion County City Coutt Town Court,gh Super'ior Court ... Mall*JIM-Courtof Marion County . r 'City Coutt Town .couft, 1V,

KANSAS - -District dourt MunicKal Court . fristrict Court KENIUCKYr-tircuLt Court

LOUISIANA - -District Court Traffic tourr of New Orleans Justice of thp.pesce Couct MunicipalCourt of New Orleans 1100Mayor's ceurt* Ci.ry Courts

Probate Court MAINE- -Superior Court altstrict Court (criminal appeals) District Court (non-erIminal appeals)

District Court MARYLAND- -Circuit Court District Court Orphan's Court 70

ar, Type of appeal and court of origin State and name of general jurisdiction court De novo On record

MICHIGAN - -Circuit Court District Court District Court Probate Court Probate Court Municipal Court Common Pleas Court of Detroit Common Pleas Court of Detroit

MINNESOTADistrict Court Probate Court Probate Court County Court County Court County Municipal Court County Municipal Court

MISSISSIPPICircuit Court County Court County Court, Municipal Court Municipal Court Justice Court Justice Court Chancery Court County Court Family Court

MONTANA - -District Court Justice Court City Court 1,-. Municipal Court

NEBRASKADistrict Court County Court County Court Municipal Court Municipal Court

NEVADADistrIct Cour' Just', es Court Justices' Court Municipal Court Municipal Court

NEW HAMPSHIRE--Supe orCourr District Court Municipal Court

NEW JERSEY--Superior Court: Law Division Surrogatp's Court Municipal Court

NEW MEXICODistrict Court .... Magistrate Lourt Municipal Court Probat Court Metropo.itan Court of Bernalillo County8

NEW YORK--County Court City Gourt (outside City of New York) Town and Village Justi,e Court

lin CAROLINASuperIor Court. District Court A) NORTH' DAKOTADistrict Court .. County Court County Justice Court Municipal Court

OKLAHOMADistricf Court NunicipaI Court Not of Record

OREGONCircuit Court "Justice Court County Court Municipal Courts

PENNSYLVANIACourt of Common Community Court* Pleas Philadelphia Municipal Court Philadelphia Traffic Court Pittsburgh Magistrates Court, District Austice Court

111111 RHOQE IiLANDT-Superior Court .. DistTict Court Probate Court Municipal Court

SOUTK CAROLI.UACircuit Court . Probate Court Magistrate's Court Municipal tburt

8 4

I Table 17:Jurisdiction over appeals in trial courts, 1980(continued)

Type of appeal and court of origin State and name of general jurisdiction Court De novo On record

TENNESSES- -Circuit Court County Court General Sessions Court Probate Court Juvenile Court Trial Justice Court Municipal Court Criminal Court General Sessions Court Trial Justice Court

TEXAS --District Court County Court

UTAH--District Court Justice Court Sircuit Court

VERMONT- -Superior Court Probate Court

VIRGINIA - -Circuit Court General District Court Juvenile and Domestic Relations District CmOrt

WASHINGTONSuperior Court .... Municipal Court District Court Justice of the Peace Court

HIST VINGINIA- -Circuit Court .. Magistrate Court

WISCONSIN- -Circuit Court Municipal Justice Court

WYOMINODistrict Court Municipal Court .Justice of the Peace Court County Court AMERICAN SAMOA (No information available)

PUERTO RICO- -Superior Court District Court

VIRGIN ISLANDS (No information available)

listed Note: Only those states whose general jurisdiction courts have appellate jurisdiction are on this table.

&Me Metropolitan Court of Sernalillo County is to be established on July1,1980, replacing the Municipal and Magistrate Courts in the county at that time. bpennsylvania law provides for the creation of the Community Court, but as yet none has been created.

of Standards for Source: Americankler AssoCiation--National Center for State Courts, Implementation Judicial Administration Project, State Court Organisation Profile series)Williamsburg, Virginia: National Center for State Courts, 1977-1980); State Court Administrators.

72 Table 18: Employees of appellate courts, 1980. Number of full-time equivalent employees by position, for judicial support and for the office of the clerk.

Judicial support Office of the Clerk e Legal staff ...4 w m.. 1,4 o w v o 0 0 M V W0 I. 11 4.0 U 0. V..0 u W IS 0 IS...1 0 V . ..1 1 V W 3 : & t ...1 V e ...4 o 4 t 1 . V4..6 4, ...1 I...-4 a .0 - W 16,...1C 1 1 4.4 0U i"vs 0 0 0 U 6 4.1 I V V 0 13 .-4 a 4 w .0 w w .00,1 U 4.1 V ..1 01 > V W 04 V W w w 4 mm.. u g mw4 I. o ...4 ...4 ae wM.4 W 04 W w ...... 4 t 2 .2 :9 I. y V 4 U .0 Total 3 1 1::: 0 ...... V 4.I 4.I II 0 State and court Judges 17 o 04 0 4 A 3 : CA0 0 MU C.3 4 4 1'4 _personnel

ALABAMA-Supreme Court 9 2 o 12 o 15 12b 3 5 58.0 Court of Civil Appeals 3 o o 3 o 3 o 1 2 12.0 Court of Criminal Appeals 5 o o 4 3 5 lc 1 3 22.0

ALASKA--Supreme Court 5 (a) (a) 13 2 5 0 2 11 38.0 Court of Appeals 3 (a) (a) (d) (d) 3 (d) (d) (d) 6.0d

ARIZONA-Supreme Court 5 (a) (a) 10 5 7 0 1 7 35.0 Court of Appeals 12 (a) (a) 12 10 15 0 2 13 64.0

ARKANSAS - -Supreme Court 7 0 1 7 0 3e 2 2 30.0 Court of Appeals 6 0 0 6 0 6 0 1 1 20.0

CALIFORNIA-Supreme Court 7 0 2 24 9 24 4 11 0 81.0 Court of Appeals 54 0 1 61 25 76 25 42 2 286.0

COLORADO--Supreme Court 7 0 1 8 (a) 8 4f 2 5 35.0 Court of Appeals 10 0 1 10 (a) 10 28 2 6 41.0

CONNECTICUT-Supreme Court 6 0 7 7 0 6 0 2 1 29.0 Appellate Sessions of the Superior Court 3 (a) (a) (a) 3 (a) 0 4 4 14.0

DELAWARE --Supreme Court 5 0 0 5 0 7 lh 2 1 21.0

FLORIDA -Supreme Court 7 (a) (a) 14 (a) 9 421 2 9 83.0 District Courts of Appeal 39 (a) (a) 71 7 39 21i 10 38 225.0

GEORGIA--Supreme Court 7 0 7 16 2 7 7k 2 6 54.0 Court of Appeals 9 (a) 2 (a) (a) (a) (a) 2 (a) 13.0

HAWAII-Supreme Court 5 0 0 12 (a) 6 11 1 5 3o-op ' Intermediate Court of Appeals 3 (a) (a) 3 (a) 3 (a) (a) (a) 9.0

IDAHO--Supreme Court 5 (a) (a) 10 1 6 (a) 1 3 26.0

ILLINOIS-Supreme Court 7 0 1 14 3 10 49 1 14 199.0 Appellate Court 41 0 1 82 20 41 (a) 5 48 248.0 INDIANA --Supreme Court 5 (a) (a) 7 (a) 5 Za (11 total) 30.0 Court of Appeals 12 1 (a) (29 combined) 12 6n (o) (o) 60.0

IOWA--Supreme Court 9 0 0 10 8 7.7 0 2 4 40.7 Court of Appeals 5 0 0 5 (p) 3 0 (p) (p) 13.0

KANSAS - -Supreme Court 7 1 3.5 7 (a) 7 189 3 9 55.5 Court of Appeals 7 (a) (r) 7 3 7 (a) (r) (r) 24.0

KENTUCKY --Supremo Court 7 0 0 7 4 14 lla 1 5 49.0 Court of Appeals 14 0 0 14 8 22 0 0 9 67.0

-).

LOUISIANA --Supreme Court 7 0 0 21 10 11 It 4 9 63.0 Court of Appeals 32 0 0 35 2 32 6.3u a 11 126.3

MINI--Supreme Judicial Court 7 (a) 0 11 (a) 8 1.3 1 1.8 30.1

MARYLAND-Court of Appeals 7 0 0 8 0 7 0 2 6 30.0 Court of Special Appeals 13 0 0 14 Z - 14 0 2 11 56.0

MASSACHUSETTS-Suprese Judicial Court 7 (Information not available) Appeals Court 10 (Information not available)

MICHIGAN-Supreme Court 7 9 4 31 6 18 0 5 3 83.0 Court of Appeals 18 (Information not available)

MINNESOTA-Suprene Court 9 3 0 19 0 13 4w 2 2.5 52.5

MISSISSIPPI-Supreme Court 9 0 0 9 3 11 3w 2 6 43.0

MISSOURI-Suprese Court 7 2 (a) 17 6 8 9z 7 5 61.0 Court of Appeals 30 10 0 30 36 9 12z 8 7 142.0

MONTANA -Supreme Court 7 *A (Information not available)

NEBRASKA --Supreme Court 7 0 3 14 15 (a) (a) 2 (a) 41.0

36.0 NEVADA --Supreme Court 5 (a) 1 6 9 9 (a) 3 3

5 0 (a) 1Y 2 4 17.0 NEW HAMPSHIRE - -Supreme Court 5 (a.) (a) mi.

7 Oz 0 17 0 13 0 5 17 59.0 NEW JERSEY -Supreme Court / Appellate Division of the Superior Court 22 Oau 0 23 22 30 0 6 58 161.0

NEW MEXICO-Supreme Court 5 (a) (a) 6 (a) 5 (a) 1 5 22.0 Court of Appeals 7 3 (a) 7 (a) 8 (a) 1 3 29.0 A

8 S 89 4

Table 18. loyees of appellate courts, 1980 (continued)

Judicial support Office of the Clerk Legal staff .o V ...) ui 0 al 0 0 0 8 4 0 4 4 I.) .... 4.) u a.. m .... u u I.) 0 o a .... m.... m ...4 o w 4)..... a)4) .2.1 3 : alI.) OI.) V M 0 .4a) 7 0 w 4.)0 V 7 I.)....I 8 4.1 41 I.).-) 4 ,-I I+ 1+ .4 C al V .44 0U W > 0 0 4 U M u I W V 0 .. C 4.)8 8 4 41 8 4 4 4) (3. 41 4 .... I.) 11) 4 C .... WO 4) 4) V I.) I.) 4.1 .2 .0 ...I7 111 Total 7 V ..... G al t Ill T5 (J 4 ; 1 1 8 U Ill4. .. 4 0 W u State a ourt Judges 3 g."8 3 : g , ...I',1 U e th 0 0 M U V 4 4 0 0 eta:zyltL

NEW YORK--C r f Appeals 7 0 12 18 9 23 44bb 16 6 135.0 Appellate Division of the gbb Supreme Court 46 0 0 48 83 70 94 36 385.0 Appellate Terms of the Supreme Court (cc) 0 0 0 18 0 0 24 12 54.0

gdd NORTH CAROLINA--Supreme Court 7 (a) 1 8 (a) 8 1 3 36.0 Court of Appeals 12 (a) 1 12 8 15 (a) 1 7 56.0

gee 3 MDRTH DAKOTA- -Supreme Court 5 1 1 5 1 5 3 33.0

OHIO--Supreme Court 7 2 4 10 3 9 1.5, 3 4 43.5ff Court of Appeals" 44 (Information not available) (ff)

-.1 m OKLAHOMA-Supreme Court 9 0 0 9 4 12 188 1 7 43.0 Court of Criminal Appeals 3 0 0 5.5 4 5 0 0 0 17.5 Court of Appeals 6 0 0 6 4 0 0 0 0 16.0

3hh 2hh OREGON--Supreme Court 7 (a) 10 1 7 (a) Ilhh 41.0 Court of Appeals 10 (a) (hh) 11 3 12 (a) chh) (hh) 3e'.0

2733 PENNSYLVANIA-Supreme Court 7 (a) (a) 33 (a) 8 2ii 17i3 94.0 Superior Court 7 (a) 2 28 3 9 lii 3 10 63.0 Commonwealth Court 9 (a) (a) 27 (a) 10 lii 7 17 71.0

RHODE ISLAND--Supreme Court 5 0 1 11 5 10 12kk 4 1 49.0 91

14 38.0 90 SOUTH CAROLIMA--Supreme Court 5 0 1 5 6 5 0 2

2 1 19.0 SOUTH DAKOTA--Supreue Court 5 (a) (a) 5 1 5 (a)

5 311 31I m 1220 35.0 111. TENNESSEE--Supreue Court 5 (a) (a) 7 (R) 'A Court of Appeals 12 (a) (a) 12 (a) 12 (11) (mm) (mm) 36.0 Court of Criminal Appeals 9 (a) (a) 9 (a) 9 (11) (mm) (am) 27.0

TEXAS-Supreme Court 9 (a) (a) 10 5 15 (a) 6 1 46.0 Court of Criminal Appeals 9 (a) (a) 18 5 15 (a) 5 (a) 52.0 Court of Civil Appeals 51 (a) (a) 51 (a) 60 (a) 31 (a) 173.0 0 10 3 4 (a) 1 (a) 25.0 UTAH - -Supreme Court ' 5 0

1 2 14.3 VERMONT - -Supreme Court 5 0 1 5 0 0.3 0

VIRGINIA- -Supreme Court 7 (a) 1 7 6 8 2nn 2 7 40.0

1 10 WASHINGTON- -Supreme Court 9 1 3 19 (a) 8 2 53.0 Court of Appeals 16 4 (a) 20 (a) 22 (a) 17 (a) 79.0

WEST VINGINL4 - -Supreme Court of Appeals 5 0 8 5 8 0 2 2 30.0

WISCONSINSupreme Court 7 (Info ation not available) Court of Appeals 12 (Inforation not available) 0.500 WYOMING - -Supreme Court 5 0 0 5 0 6.5 2 0 19.0

AMERICAN SAMOA -"-Appellate Division of the High Court 7PP (InformatiOn not available)

DISTRICT OF COLUMBIA - -Court of Appeals ...e 9 0 O 21 3 11 3cm 5 18 70.0

PUERTO RICOSupreme Court 8 14 3 56 (a) 12 9 16 59 177.0

Notel. These data are not comparable to judicial employment data published by the Bureau of JusticeStatistics in the annual series Expenditure and Employment Data for the Criminal Justice System because of differences in definitions, datacollection methodology, and classification chema.

All figures are given as full-time equivalents.

Blank space Information is not available. $ eThis position does not exist in this court. hThe "other court employees" of the Alabama Supreme Court are the staff-of the state law library. eThe one "other court employee" of the Alabama Court of Criminal Appeals is a reporter of decisions. dAdministrative functions for the Court of Appeals are performed by the clerk of the Supreme Court in Alaska. eThe three "other court employees" in the Arkansas Supreme Court are a librarian, a librarian aaa i a tont, and thecriminal justice coordinator. fThe four "other court employees" that erve the Colorado Supreme Court are three librarians and one secretary to the law exam board. SThe two "gther court employees" of the Colorado Court of Appeals are both staff attorneys. hThe "other court employee" serving the Delaware Supreme Court is a bailiff. 1"Other court employees" serving the Florida Supreme Court are an internal audit coordinator, an sss i s tont to theChief Justice, 15 security and custodial employees of the Marshall's Office, 4 employees of the Supreme Court library, a traffic courtscoordinator, 9 data systems personnel, and 11 employees of the Justice Data Center. i"OtheY court employees" of the Florida District Courts of Appeal are the 21 employees of the five marshall's office. k"Other court employees" ,serving the Georgia Supreme Court are the Director of the Office of Bar Admissions and its staff of six. 1The one "other court employee" serving the Hawaii Supreme Court is the bailiff. "Other court employees" of the Indiana Supreme Court are a custodian and a sheriff. n"Other court employeei" of 0, Indiana Court.of Appeals are 2 bailiffs,1 custodian,1 administrator, and 3 administrative staff personnel. °A total of 11 employeei serve as the clerk of court and staff of that office for both the Supreme Court and theCotiit of Appeals in Indiana. r. PIn Ioifa, the central legal staff and the clerk of courtsoffice are shared between the Supreme Court and the Court of Appeals. . ciTha ''other court employees" of the KansasSupreme Court are 9 taff of the law library, 2 word processors, 2 bailiffs, and 5 disciplinary employees_, rIn Kansas, the Supreme Court and the-Court of Appeals share the same'court reporters and clerk of courtoffice.

92- 1

Table 18:Employees of appellate courts,1980 (continued

*The "other court employees" of the Kentucky Supreme Court are 7 law clerks, 2 screenipg attorneys, and 2 staff counsel. tThe one "other court employee" of the Louisiana Supreme Court is the bailiff. Line "other court employees" of the Louisiana Court of Appeal are 1 bailiff, 4 porters, and 1-1/3 (FTE) librarians. v"Other court employees" serving the Minnesota Supreme Court are one administrative assistant, one paralegal, one mershall, and one janitor. vThe "other court employees" of the Mi 'ppi Supreme Court are one administrative assistant, one porter, and one mershall. "Other court employees" serving the Missouri Supreme Court and Court of Appeals are mArshalls, custodians, and printers. YThe one "other court employee" serving the New Hampshire Supreme Court is a deputy sheriff. zCourt reporters are assigned to the New Jersey Supreme Court on an "as needed" basis; the nearest FTE is zero. zzProceedings of the Appellate Division of the New Jersey Superior Court are generally not recorded now. It is anticipated that in the near future these proceedings will be sound recorded. "Incfuded in the "other court employees" for the New York Court of Appeals ed Appellate Divisions of the Supreme Court are clerks and office assistants, stenographic and secretarial personnel, and court security personnel. ccJudges from the Trial Division of the New York Supreme Court serve in the Appellate Terms of the Supreme Court. dd"Other court employees" of the North Carolina Supreme Court include librarians and messengers. "Listed under "other court employees" for the North Dakota Supreme Court are the employees of the Oftice of the Court Administrator. "Each district of the Ohio Court of Appeals hires aud supervises its own staff. The Office of the Administrative Director does not maintain records of the number or type of these employees. EEThe "other court employee" serving the Oklahoma Supreme Court is the chief legal executive asistant. "The editors of opinion and the clerk of court and records staff of Oregon serve both the Supreme Court and the Court of Appeals. 11"Other court employees" serving the Pennsylvania Supreme Court, Superior Court, and Commonwealth Court are court'criers. IJIn addition to the 23 employees in the clerk of court office that directly serve the Pennsylvania Supreme Court, there are also 21 employees (11 clerks, 10 clerical support staff) that serve the Supreme Court committees included in the total. kk"Other court employees" of the Rhode Island Supreme Court include 3 professionals in the central registry, 5.'in the state law library, 2 in the state judicial records center, 2 bailiffs, and 1 automobile driver,. 11"Other court employees" in the Supreme Court of Tennessee are mershalla. They also serve the Court of Appeals and Court of Criminal Appeals. nizThe clerk of the Tenn Supreme Court and his staff also serve the Court of Appeals and Court of Criminal Appeals. nn"Other court employees" of the Virginia Suprese Court are his law librarian and the assistant law librarian. "There is 0.5 FTE bailiff employed by the Wyoming Supreme Court. FFIThere are 4 justices, two of whom also serve the High Court of American Samoa (and are therefore not included here), and not less than 5 associate judges who serve the Appellate Division of the High Court of American Samoa. WOther court employees" serving the District of Columbia Court of Appeals are a bailiff, a marshall, and a librarian. r-

Source: State Court Administrators. 95 94 J Table 19:Employees of general jurisdiction courts, 1980. Number of full-time equivalent employees by position,for judicial support and and for the office of theclerk

Judicial support Office of the Clerk Legal staff

.... a 0 V tJC V $4 0

, 0 10 0 L M 0 0 0 0) V , .0 ia c 4.1 , ..4M 04 0 M .4 14 0. L V 0 . M V 4 0) E W 14 V I-4 U 0) M w ILI V a.0 0 00 00.0 0 = 00 C M V ,0 4, L U .0 4 &A U L W44 y W > V 444 V 0..4 04 4..) Ci. 44 , 04 44 I. I. 03 44 44 14 .4.440 4.1 44 4 4 V '0 ' Total M V 0 4 7 a -cr-a C a u -cry .c...4 To a u'll V o w c w u w C. u 4 o c u V GI-4 o a u a w En aU personnel State and court name: JudgesH maw() ..c m--, o el (I) a u 1,047.0 ALABAMACircuit Court 113 18 114 28 0 58 74c 213 429

3d 9d 284.0 ALASKASuperior Court 21 0 16 0 21 0 214d

ARIZONASuperior Court 80 81 90 (a) (a) 300 7480a 34 389.5 1,722.8 142.0a ARKANSAS--Circuit Court 33 0 33 0 76f 60.0' Chancery and Probate Court 30 0 30 0 (f)

(b) CALIFORNIA--Superior Court 607 (Information not available) e

k 243 1,034.0) 106 108 103 16 0 90 307g 61 COLORADODistrict Court t 110 316 77149" CONNECTICUT--Superior Court 110 0 130 6 15 26 809h

421 (b) (b) 109.0 DELAWARESuperior Court 11 3 16 0 6 314 0 (b) (b) 13.0 Court of Chancery 3 0 2 0 2 6

(b) 770.0 FLORIDACircuit Court 302 57 109 (a) (a) 302 0 (b)

159 660 1,640.0 GEORGIA--Superior Court 110 17 5163 80 0 104 (k) a 9 7 57 211.51 4 90 423.5 HAWAIICircuit Court 25 0 22 . 14 0 3.0 Land Court (m) (a) Tax Appeal Court (m) (Information not available) 647.0 IDAHODistrict Court 4 99 8 30 7 (a) (1,915 5,746.0 ILLINOISCircuit Court 677 21° 522° ("Judicial administration" employees kr Cook County = 1,632) totalP)

INDIANA--Superior Court 83 (Information not available) Circuit Court 88 (Information not available) /OWA--District Court 3009 (Information not available)

KANSASDistrict Court 210.5 9 106 .48 8 65 302r 103 619 1,470.5 '

KENTUCKYCircuit Court 91 15 90 6 0 63 0 120s 1,0574 1,442.0

-..- LOUISIANADistrict Court 161 11 170 60 ) 0 156 0 325 325 1,208.0

MAINKSuperior Court d 14 3 15 4 0 4.6 0 16 53.7 110.3

MARYLANDCircuit Court 97 11 101 90 0 92 405 29 876 1,701.0

(t),_ 9 '6 (0 41.0t MASSACHUSETTS--Housing Court Department . 3 3 0 0 (t) 68.0t Land Court Department 3 1 0 0 (0 (0 2 44 (0 Probate and Family Court Department 33 4 0 0 (t) (0 145 (t) 501.0t Boston Municipal Court Department 9 2 (t) 0 (t) (t) 46 40 (t) 187.0t Juvenile Court Department 7 3 0 0 (t) (t) 90 13 (t) 164.0t District Court Department 153 13 (t) 0 (0 (t) 810 243 (t) 2,347.0t Superior Court Department 56 79 47 22 (t) (t) 465 125 (t) 1,036.0t \ MICHIGANCircuit Court 147 (Information not available) 2,110.0 Recorder's Court of Detroit 26 (Information not available) 681.0

MINNESOTADistrict Court 72 20 88.5 34 19 (u) 12" 88 735 1,068.5

MISSISSIPPI--Circutt Court 30 3 36 (Information not available) 82 Chancery Court 35 0 41 (Information not available) 82

MISSOURICircuit Court 300 5 131 7w 8 40 43w 162 1,377 2,073.0, i MONTANADistrict Court 32 (Information not availab e)

NEBRASKA--District Court 45 0 45 0 0 200 150 75 ,t- 0 515.0

NEVADADistrict Court 29 4 4 25.5s( 0 31.5 16 (y) (y) 108.0_

.. NEW HAMPSHIRE--Superior Court 15 0 18 6 3 3 0 20 67 132.0

NEW JERSEY--Supertor Court 214 143r 255 163 3 209 2,667 7 2,058 5,741.0

NEW ME ICODistrict Court- 44 11 45 0 0 44 150 13 ..... 160 467.0. j NEWYOltKSupremeCourt and County Court 367 142 50 173 0 733 2,407ss 80 0 4,436.0

NORTH CAROLINA--Superior Court 66 5 61 0 ' 274bb 30 144" 100 1,370 2,050.0 , ,.

NORTH DAKOTADistrict Court 24 6 24 (a) (a) (Information not available)

99 Table 19: Employees of general jurisdiction courts, 1980 (continued)

Judicial support Office of the Clerk Legal staff

...1 IS 414 4J C I. 414 MI 0 1".1 0.44 . 0 le 4.1 4.1 o es o o ...... = u 1 ...A w 1. e C 1.1 l ...I 1.1 10. 4.4 414 ...I o s..wo 14 _... 44 414 .-/ 144 144 O 44 .44 .44 W 1:1 0 II .0 0 ID 414 1:1 ...1 .0 )1, 0 0 ..1 .0 C ...I 4.1WI 1.1 .0 I. " 11 44 0 14, 1+ 4.1 .11i Q. 4.4 0 ..I 1 .-1C J 414$44 J 14 MI > II \ M W ..4 .,,as 4.4 414 eV M M 4.4 w Total .!.i. it' 4.1 8. 12 12 0 0 U V V O V 0 U12 ,., 6 .., '5.'48 ,1 C 4.1 .../ . 0 (2 Ce .-u o a. u u e J1 2u personnel State and court name: Judges 1-,00mo c.)$. .1....?-, u ---.

(b) OHIO - -Court of Common Pleas 313 (Information not available)

8 qgdd 1,002.0 OKLAHOMA--District Court 198 2 138 0 0 77 487

(ee) (ee) 210.0" OREGON-Circuit Court 75 3 75 (ee) 0 (ee) (ee) 1 0 0 o 1 5.0 Tax Court 1 0 1

PENNSYLVANIA-Court of Common Pleas 285 (Information not available)

/ . m 19 2 23 o 6 13 11" 36 26 134.0 ...) RHODE ISLAND--Superior Court \

\ (a) 131.0 31 (a) 4 26 ca) 30 (a) (a) SOUTH CAROLINA--Circuit Court V 12 9488 64.4 99.1 353.5 SOUTH DAKOTA-Circuit Court 141hh 2 )41 o 5

(b) TENNESSEE-Circuit Court 58 o 56 o o 45 (b) (b) (b) (b) (b) Criainal Court 26 o (serves o o 17 (b) (b) (b) Chancery Court 27 ,o all o o 2341 0 courts) 0 0 2 (b) (b) (b) Equity Court 1 5

TEXAS-District Court 310 (Information not available)

8 (Information not available) UTAH--District Court 24 7 24 U 2 101 0 14 26.5 68.5 VERMONT-Superior Court 38 0 11 0 3 6 l0 0 VIRGINIA--Circuit Court 111 (Information not available

WASHINGTON--Superior Court 118 (Information not available)

- 57 77 (b) (b) 262.0 WEST VIRGINIA--Circuit Court 60 1 65 2 0

WISCONSIN--Circuit Court 190 (Information not available)

23 64.5 WYOMING--District Court 15 0 15 3 2 6.5 0 1.;.1 (b) DISTRICT OF COLUMBIASuperior Court 44 34 38 88 6 255 436jj 5 a 914.0

PUERTO RICO--Superior Court 92 21 124 124 0 149 373 . 431 Km. 1,415.0

AMERICAN SAMOAHigh Court 7kk (Information not available)

GUAM--Superior Court 5 0 4 0 3 6 50, 16 8 92.0

Note: These data are not comparable to judicial employment data published by the bureau of Justice Statistics in the anlival series Expenditure end Zmployment Data for the Criminal Justice System because of differences in definitions, data collection methodology, nod classification schema.

All figures are given as full-time equivalents.

blank space = Information is not available.

4This position does not exist in this court. hPeople serving this function in this court are funded by local, usually county government and therefore are not considere8 employees of the state-level judiciary. Data concerning their numbers is not available to the state-level administrative office. clhe "other court employees" of the Alabama Circuit Court are 72 bailiffs and 2 "grandfathered" magistrates. dTrial court administrators and the clerk of court offices serve both the general and limited jurisdiction courts in Alaska. e"Other court employees" of the Arizona Superior Court are 75 bailiffs, 14 library personnel, 413 probation officers, 156.25 probation services support personnel, 26 juvenile custodial support staff, and 64 other support personnel. fThe 76 professional employees of the Office of the Clerk of the Arkansas Circuit Court also serve the Chancery and.Probate Court. RThe Colorado District Court employs 48 bailiffs, 179 probation officers, and 80 probation clerks. h"Other court employees" of the Connecticut Superior Court include 64 employees divided among the central records and revenue accounting staffs, interpreters, the grievance committee, and the bail committee, and 745 employees of the separately budgete,I.Adult Probation and Family co Divisions of the Court. 1The Delaware Superior Court employs 1 FTE jury commissioner (6 actual people), 16 presentence officers, 19 bailiffs, and-6 scheduling officers. JThere are 516 court reporters serving all courts, both of general and limited jurisdiction in Georgia.Of these, 140 are court appointed. kThe probation function in the State of Georgia is funded by the Executive branch in most locations. A few counties have independent probation offices. 1"Other court employees" serving the Hawaii Circuit Court including bailiffs, key equipment operators, computer operators, social workers, translators, offset press operators, court fiscal officers, and statistics clerks. mThe employment data for the Hawaii Land Court and Tax Appeal Court are included with the Circuit Court data. nThere are seven court administrators and 14 administrative secretaries who perform the function of court administrators in Illinois.None of their professional staffs are included in this figure: °This figure does not include 14 part-time court reporters. PThere are a total of 1,814 employees of the Clerk of Circuit Court in Cook County, and 101 61 the rest of the state. clThere are 92 full-time and 3 part-time district judges, 13 district associate judges, and 26 regular and special full-time and 166 part-time magistrates in the lova District Court. r"Other court employees" serving the Kansas District Court are 292 court services officers, 2 psychologists, 3 bailiffs, 2 programmers, and 3 systems,analysts. 'Clerks and their deputies serve both the Circuit Court and the District Court, the court of'limited jurisdiction, in Kentucky. tData for court reporters, central legal staff, and secretaries and other clerical staff who provide judicial support or Work in the Clerk of Court's office in the various departments of the Trial Court of Massachusetts are not available pending a job classification study.The total number of these employees is included in the number of total personnel by department of court.

103 N102 Table 19: Employees ofgeneral jurisdiction courts,1980.(continued)

"Clerical support for judicial functiods is prOvided by the Clerk of Court's office andis included in the clerk's budget 14 Minnesota. "There are 12 FTE referees in the Minnesota District Court. "There are 50 commissioners in the Missouri Circuit Court: seven serve on the legal staff assigned to individual judges; the remainder are listml under "other.court employees." "Eight of,thetam clerks in the Nevada District Court also serve as bailiffs. YCounty lerks also serve,as clerks of the District Court in Nevada. An estimate of the amount of time they spend performing this function is not vailable. 143 figure for trial court administration in the New Jersey Superior Court)ncludesthose serving the courts of limited juriidiction. "Included under "other court employees" for the Supreme Court and County Court of New York are clerks, office assistants, stenographic, secretarial, a4 court security personnel. bbCentral legal s aff of the North Carolina Superior Court includes district attorneys, public defenders, and their assistants. "Thi fl gure givea under "other court employees" for the North Carolina Superior Court is for the staff of the district attorneys'offices including secrekaries; investiget,ors, and administrative assistants. ddThe 98 "other aourt employees" of the Oklahoma District Court are all bailiffs. "Data for Oreg9O Circiiit Court legal staff, other court employees, clerks of court, and all secretaries and other clerical staff areestimated to be approxiMately 57 employees. NO breakdown by job classification is avaiAable. The Oregon'State Court Administrator notes that only a few circuit judges have law clerks. ""Other court employees" for the Rhode Island Superior Court are the 7 profesaionals and 4 clericals on the Jury Commission . grOther court employees" of the South Dakota Circuit Court are 14 bailiffs, 62.5 probation officers, and 17.5 probation secretaries. hhThere are 36 judges, 7 ;full-time and 11 part-time lawyer magistrttes, 22 lay magistrates, and 65 clerk/lay magistrates serving the South Dakota Circuit Court. "The "other court employees" in the West Virginia Circuit Court are 59 probation officers and 18 probation support personnel. jiThe "other court employees" of the District of Columbia Superior Court include couct clocks, nurses, accounting and budgeting, personnel, and

procurement maployees, soeial services aides, and physicians. . kkThe High Court of American Samoa is served by 2 justices of the Appellate Division of the High Court and"not less than" 5 judges.

Source: State Court Administrators.

, ),-/ 105 104 Table 20: Law clerks for courts of last resort, 1980. Number, method of selection, legal training, length of service, and salary.

Number Selected by Replacements Individual Law Dicers Stst Serving Authorized Court Judge degree Annual tionary Salary

ALASAMA 12 12 X X Usually $16,500 ALASKA II II X X Usually $20,544rto $23,796 ARIZONA 10 10 X% X Usually $18,283 ARKANSAS 7 7 X X Usually $12,000 CALIFORNIA 33 33 X X X $21,900 to $57,984

COLORADO e 8 X X Usually $14,928 CONNIICTICUT 7 7 X X Usually $17,000 DELAWARE 3 3 X X X $13,412 FLORIDA 14 14 xc X X $16,057 to $28,603 GEORGIA 14 14 X X Xa X $11,831 to $33,842

HAWAII 12 12 X X X $17,508 IDAHO 10 10 X X X $11,500 to $13,000 ILLINOtS 14 14 X X X $19,000 to $20,000 INDIANA 8 10 X Two years X $10,400 to $16,400 IOWA 9 9 X X X $16,500

KANSAS 7 7 X X Two years $15,000 to $16,000 KINTUCKY 7 7 xc X4 X $11,976 LOUISIANA 26 26 X(5) X(21) X X $22,533 X X $14,900 MAINZ 1 7 7 X MARYLAND 8 8 X X X $19,300

MASSACHUSETTS 14 No limit X X $19,964 MICHIGAN 17 17 X X Two years $17,121 to $21,087 MINNESOTA .... 19 19 X X Usually $19,648 MISSISSIPPI 12 No Holt X X X $13,980 MISSOURI 7 25 X X X $16,000

MONTANA 14 14 (b) X X $14,700 NEBRASKA 7 7 X X X $12,981 NIVADA 6 6 X X X $17,900 to $19,000 NEW HAMPSHIRE 5 5 X X X. X $12,530 NEW JERSEY 15 15 X X X $16,682

NEW MEXICO 5 5 X X X $12,792 to $17,988 NEW YORK 22 22 X(7) X(I5) X Two years X $22,093 to $33,611 NORTH CAROLINA 8 8 X X X $17,820 NORTH PAKOTA 5 5 X xa X $14,400 OHIO 11 11 X X X $19,677 to $23,650

86 1 try

1 06 Number Selected by Replacement. Individual .1.aw Oilier. Stet Servidg Authorized Court judge degree Annual tiotiary Salary

OKLAHOMA: . X $19,800 to $28,589 Supreme Court 9 9 X t x Court of Criminal Appeal. 4 4 X X X $19,800 to $26,589 $17,885 OREGON 9 9 X X Usually PENNSYLVANIA 20 20 X X X $16,000 to $11,500 RHODE ISLAND. 11 II X X X )11,429 X $12,000 to $20,000 SOUIH.CAROLINA 5 5 X X

X SOUTH DAKOTA 5 5 X X $13,500 TENNESSEE 26 26 X X X $15,510 TEXAS: Supreme Court 10 10 X X k $15,372 Court of Criminal Appeal. 9 9 x X5 Umnally 615,372

UTAH .., 13 13 X(3) x(10) x lt, $15,000 to $30,000 VERMONT 5 5 x x $10,400 to $14,000 VIRGINIA 13 13 X x x X $18,672 to $19,422 WASHINGTON 10 10 x x X $19,020 tO $24.348 WEST VIRGINIA 14 14 X x x X $20,000 ee.430,828

$19,200 WISCOSIN 7 7 x x X X $16,350 to $19,620 WYOMING 5 5 X x DISTRICT OP COLUMBIA 24 24 x x x $18,258 PUERTO RICO 9 10 x x4 X $14,400

X o Affirmative.

*---. Must be admitted to the bar. bSection im by a committee of the court; appointment isby the chief juetice. The committee interview. student. of Montana'. only law school who ars about to graduate.Any member of the court le free to join the committee at interviews. The court accepts recommendation. of thecommittee and assigns clerks to individual judge.. cSalected by individual judge but confirmedAy court.

&Must pamm Vermont bar exam. ,

Source: State Court Administrator..

87 /

107 9 Table 21: Description Of state-level court administrative office, 1980. Year authorized, authorization, date first administrator appointed,and amount and sources of total expendituyes.

\ '

w . u V o %N u . w -4 Sourca, of total expenditures 0 a k vs .44 - 4-+ v Expenditure oe' state-level .-/k Programa , -144Ukadministered a a ril. administrative offide u Al ICO. Operation of office by offlcit 4 4 ' GI 11 WI o ,.., - For year . o 44 Authorization ending: State/Federal/OtherSiate/Fedtral/Other State ° for office $ Amount 79% 21% 02 02 02 02 ALABAMA 1971 Constitution 1971 $ 2,220,815 9/78 anAstatute ,.....___ ...v" OF 02 942 62 02 ALAKA 1959 Consntution 1959 $ 2,510,453 6/79 1002 92% 8% 40% 100% 0% 0% ARIZONA 1960 Constitution 1960 (Information not available) 6/79 682 322 02 02 1002 02 ARKANSAS 1965 Statute 1965 $ 451,187 0% 0% 12% 62% 26% CALIFORNIA 1960 Cmnstitution 1960 (Information not available) 100% 84% 9% 7% 99% <1% <1% COLORADO 1971 Constitution 1959 $ 2,383,60 6/79 and statute 22% 0% (Information not 1965 Statute 1965 (Information not available) 78% CONNECTICUT available) 6/79 '98% 2% 0% (Intonation not DELAWARE 1971 Statute 1971 $ 2,450,900 a4Milable) 6/79 100% 0% 0% 27%. 73% 0% FLORIDA 1972 Constitution 1972 $ 872,033 6/79 54% 43% 3% 0% 0% 0% GEORGIA 1973 Statute 1973 $ 1,395,844 , 100% 0% 0% 8% 15% HAWAII 1959 Statute 1959 $ 1,700,243 6/79 0% 0% 100% OX % IDAHO 1967 Statute 1967 (Information/Mot available) 100% 9% 0% 91% 9% 0% ILlupts 1959 Coristitution 1959 $ 1,900,582 6/79 91% 02 0% 0% 0% 0% INDIANA '1968 Statute 1968 (Information not available) 1002 6/79 93% 7% 0% 0% 0% 0% IOWA 1971, Statute 1971 $ 489,631

100% 02 0% 72% 28% 0% KANSAS ,, 1965 Statute 1965 $ 439,749 6/79 6/79 952 52 02 98%° 22 <12 KENTUCKY 1976 Statute 1954 $39,827,548 60% 40% 0% 8% 92% 0%* LOUISIANA 1954 Constitution 1954 $ 324,644 6/79 and statute 6/79 100% 0% 0% 10% 90% 0% . MAINE 1975 Statute 1975 $ 233,636 122 02 942 62 02 MARYLAND 1955 Statute 1955 $ 8,831,311 6/79 8492

762 242 02 02 02 02 MASSACHUSETTS... 1956 Statute 1956 $ 974,391 6/80 100% 0% 0% 99% 1% 0% MICHIGAN 1952 Constitution 1952 $22,575,284 9/79 302 02 132 87% 02 MINNESOTA 1963 Statute 1963 $ 1,064,383 6/79 702 12% 88% 0% 10%* 90% 0% MISSISSIPPI 1974 Court rule 19ii $ 189,792 6/79 6/79 81% 192 0% 962 42 02 MISSOURI 1970 Constitution 19M $20,103,339 4 MONTANA 1975 Statute 1975 (Information not available) 100% 0% 0% 60% 40% 0% NEBRASKA 1972 Constitution 1972 $ 7.70,100 6/80 100% 0% 0% 9'1% 6% 2% NEVADA 1977 Court rule 1971a $. 237,839 6/79 6/80 51% 49% 0% 10% 90% 0% NEW HAMPSHIRE (Not applicable) ' $1325,300

a 88

/Os 1

, r

w 116 m I+ .4 "o "w "w Source of total expenditures .1 2 : it 1 Expenditure of 4J 4/4 441 CI state-level Programs I ; administered V I'di 9 administrative office Operation of office by office ill w -(4 i i:

,t'e Authorization For year ° for office $ Amount ending: State/Federa1/OtheriState/Feders1/0ther State r

NEW JERSEY 1948 Constitution 1948 $26,519,468 6/80 100% 0% 0% 95% 5% 0% NEW MEXICO 1/59 Statute 1959 $ 2,613,000 6/79 100% 0% 0% 29% 71% 0% NEW YORK 1078 Constitution 1955 $ 7,192,545 3/79 100% 0% 0% 100% 0% 0% NOR/M CAROLINA 1965 Constitution 1954 $64,830,830 6/79 100% 0% 0% 96% 4% 0% and statute NORTH DAKOTA 1971 Constitution 1971 $ 341,232 6/79 982 2% 0% 40% 60% 0% and tatute

OHIO 1955 Constitution 1955 $ 1,644,976h 6/79 100% OZ OZ 100% 0% OZ and statute OKLAHOMA 1967 Constitution 1967 $10,232,385 6/79 98% 2% 0% 98% 2% 0% OREGON 1971 Statute 1971 $ 6,250,000 6/79 100% 0% 0% 95% 5% 0% PENNSYLVANIA 1968 Constitution 1968 $66,314,000 6/79 72% 28% 0% 61% 39% 0% 1969 Statute 1969 $ 904,684 6/79 71% 29% 0% 13% 87% 0% RHODE ISLAND -4444-

SOUTH CAROLINA . 1973 Constitution 1973 $ 9,453,353 6/79 96% 4% 0% 100% 0% 9% SOUTH DAKOTA 1974 Constitution 1974 $ 408,871 6/79 100% 0% 0% 30% 70% 0% TENNESSEE 1963 Statute 1964 $ 677,600 6/79 41% 59% 0% 41% 59% 0% TEXAS 1977 Statute 1977 $ 392,328 9/79 71% 29% 0% 0% 0% 0% UTAH 1973 Statute 1973 $ 337,400 6/79 73% 27% 0%, 5% 95% 0%

VERMONT 1967 Statute 1967 $ 244,200 6/7, 78% 22% 0% 78% 22% OZ VIRGINIA 19524 Statute 1952 432,677,537 6/79 84% 16% 02 98% 2% 0% WASHINGTON 1957 Statute 1957 7,354,000 7/80 65% 33% 2% 100% 0% 0% WEST VIRGINIA 1945 Statute 1975. $ 424,919 6/79 100% ,0% 0% 100% 0% 0% WISCONSIN 1962 Statute 1962(Information not available)

WYOMING 1974 Court rule 1974 $ 78,655 6/79 87% 13% 0% 2% 98% 0% 100% AMERICAN SAMOA 1977 Court rule 1977 $ 41,501 9/79 20% 69% 11% 0% 0% DISTRICT OP COLUMBIA 1971 Statute 1971 $ 2,675,200 9/79 0% 0% 100% 0% 0% 0% GUAM (Information not available) $. 553,243 9/79 94% 6% 0% 96% 4% 0% PUERTO RICO 1952 Statute 1952 $ 4,157,412 6/79 99% 1% 0% 99% 1e 0% VIRGIN ISLANDS . 1973 Statute " 1973 (Information not available)

Note: Figure* were rounded to the nearest whole number or percent. aThe position of Director of the Administrative Office f:24 the Courts,in Nevada wakvetant from 1973 to 1977. hThis figure is an aggregate amount for several gencies, one of which is the state court administrative office.

Source: State Court Administrators; NCSP staff search pf statutes.

109 Table 22: Personnel of state-level court admini trative office, 1980. Number of full-time equivalent professionals by position.

Number of full-time tquivalent professionals by funct ion

State 1..

ALARAMA 40.0 7.0 6.0 10.0 8.0 2.0 5.0 1.0 1.0

ALASKA 32.8 1.5 5.5 1.5 8.5 8.5 5.0 1.0 1.2

ARIZONA 14.0 2.0 0.5 6.0 1.0 1.0 1.0 0.3 2.2

ARKANSAS 10.0 2.0 3.6 0.0 1.4 0.8 0.6 0.4 1.2

CALIFORNIA 54.0,10.0. 1. 0 7.0 11.0 4.0 .2.0 0.0 f 18.0

COLORADO 40.0 2.8 11.8 4.8/11.0 2.0 2.2 0.5 5.0 CONNECTICX 51.0 5.0 13.0 14.006.0 2.0 4.0 1.0 6.0

DELAWARE 11.6 2.0 7.6 0.0 1.0 a. o 1 . o 0.0 2.0

FLORIDA 13.0 2.0 0.0 0.0 3.0 2.0 1.0 1.0 4.0

GEORGIA 4... 19.0 1.6 2.6 4.1 2.4 2.8 0.4 1.3 3.8

HAWAII 29.0 2.0 9.0 0.0 6.0 3.0 5.0 2.0 2.0

IDAHO 5.0 1.0 2.0 0.0 1.0 1.0 0.0 0.0 0.0

ILLINOIS 11.0 1.1 , 1.3 1.6 1.3 1.4 1. Q1 1.5 1.8 1 INDIANA 2.0 2. Oa 0.0 0.0 0.0 0.0 0.0 0.0 0.0

IOWA 15.5 1.0 2.0 1 0.0 2.5 0.5 0.0 0.0 9.5

KANSAS 12.0 1.0 1.9 1.3 2.0 1.0 2.9 0.9 1.0

KENTUCKY 284.0 1.0 17.8 213.5 25.0 12.0 6.0)1.0 7.8

LOUISIANA 7.8 1.3 2.0 0.0 1.0 0.0 0.0 1.0 2.5

MAINE 11. 0 1. 0 O. 5 5.0 1.6 0.2 1.2 0.0 1.5

MARYLAND 28. 5 3. 5 11. 0 4.0 0.8 3.5 0.7 0.0 5.0

110 I Number of full-time equivalent profession:1s by function .

orl 0 1 4 orl

4 Ii 0 le 4 8 ..`.1 0,1 0 CU 0., 8 :4

-4) U04 .04 40 u 4 u 4 0 4 u w 4. 0 4 0 0. State

MASSACHUSETTS 45.0 2.0 . 18.0 1.0 13.0 1.0 4.0 1.8 4.2

MICHIGAN 72.0 9.0 44.0 3.0 3.0 6.0 4.0 h0 0.0

MINNESOTA 27.2 1.0 13.0 0.Q 2.2 2.0 0.8 1.5 5.7

MISSISSIPPI 5.0 1.0 0.5 0.0 .0 0.0 0.0 0.1 2.4

MISSOURI 28.5 1.0 9.4 - 3.3 5.4 2.6' '2.4 1.5 2.8

MONTANA (Information not available)

NEBRASKA 4.0 4.0,11 0.0 0.0 0.0 0.0 0.0 0.0 0.0

NEVADA 7.0 1.8 0.0 0.0 2.2 1.0 0.0 Q.0 2.0

NEW HAMPSHIRE 4.0 0.4 0.3 0.6 1.2 0.4 0.0 0.2 1.0

NEW JERSEY 75.0 2.0 5.6 29.0 8.0 7.0 6.0 1.0 17.0

NEW MEXICO 15.0 2.0 4.0 1.0 5.0 1.0 1.0 0.5 0.5

NEW YORK 216.0 9.4 49.6 16.6 38.6 ,9.0 37.0 2.5 53.4' s NORTH CAROLINA 46.0 3.0, 22.0 7.0 7.0 1.0 2.0 0.0 4.0

NORTH DAKOTA 5.0 1.0 0.5 0.0 1.0 0.5 0.0 0.0 2.0

OHIO 5.9 1.2 1.2 0.5 1.8 0.3 0,4 0.3 0.2

OKLAHOMA 4.0 2.0 1.0 0.0 1.0 0.0 0.0 0.0 ..-..44.0

OREGON 11.0 1.0 4.0 0.0 2.0 1.0 0.0 ' 1 0 -.. 2 0

PENNSYLVANIA 27.0 1.0 7.0, '3.0 3.0 3.5 2.5 1:17 1 j?6. 0

( / RHODE ISLAND 27.0 1.2 16.4 1.4 3.2 0.6 1.4 0.4 2.4

SOUTH CAROLINA 11.0 5.0 3.0 1.0 0.0 1.0 0.0 0.0 1.0 (

111 Table,22: Personnel of State-level court administrative office,1980Icontinued)

Number of full-time quivalent professionals by function

Stt

3.0 1.0 1.0 0.0 1.0 SOUTH DAKOTA s. I0.0 1.0 2.0 1.0

TENNESSEE 16.0 1.0 4.0 0.0 6.0 1.0 1.5 1.0 1.5

TEXAS 7.0 1.0 1.2 0.5 1.2 0.0 0.3 1.0 1.8

UTAH 4.0 1.2 0.2 0.5 0.8 0.2 0.2 0.2 0.5

VERMONT 7.0 1.0 0.6 0.8 2.3 0.4 0.5 0.2 1.1

VIRGINIA 19.5 2.0 4.0 3.0 4.0 1.0 2.0 0 3.5

WASHINGTON 52.0 39.0 9.0 4.5 3.0 1.5 1.5 1.5 7.5

1 WEST VIRGINIA 5.0 5.00 0.0 0..0 0.0 0.0 0.0 6.0 0.0

4. WISCONSIN (Information not available)

WYOMING 3.0 0.2 0.0 0.2 1.2 . .0.5 0.0 0.2 0.7

4 AMERICAN SAMOA (Information not avati4abIe)

DISTRICT OF COLUMBIA 104.0 2.0 14.0 49.0 17.0 1.0 4.0 2.0 15.0

GUAM 13.0 0.6 0.0 0.0 8.0 0.6 1.8 0.5 1.6

PUERTO RICO 137.6 5.0 18.0 36.0 16.5 7.0 20.0 5.0 29.5

VIRGIN ISLANDS (Information not available) .

Note: All figures on this chart represent full-time equivalent (FTE) persons and were rounded to nfarest tenth.

'In this office, administrative personnel (the director and deputies or assistants) P erform all functions.

Source: State Court Administrators.

11 2 Table 23: Functions of state-level courtadministrative office, 1980. Management and information system activities, court support services, finance and budget, personnel, education and`training, public information and liaison, and planning and research activities.

Activities and ervices AL AK AZ AR CA CO CT DE

MANAGEMENT ACTIVITIES: Appears before legislative committees dealing with court- A related legislation A A SI A A A Obtains sponsors for legislation relating to work A A AAAA Represents judiciary before agencies of the executive branch A A A A A A S Recommends to court of last resort the creation or dissolution A of judgeships GL A Recommends to the court of last resort the assignment of judges GL A C A IG Nominates trial court administrators for selection by trial GL G A G courts ,

INFORMATION SYSTEMS ACTIVITIES: Responsible for records management systems GL A SI A SIG Responsible for managing data processing GL A SI SI A SIG A Responsible for forms design GL A SIG A A SIG Responsible for managing information systems GL A S SIG A SIG A Establishes records for automated administrative systems GL A SI SI A SIG A Responsible for budgeting financial requirements of state A information system GL A SI A SIG Responsible for statewide inventory control of facilities/ SIG S equipment GL A SI A

COURT SUPPORT SERVICES: Provides secretariat services to boards and eommittees A S SIG A A A Researches court organization and function GL A AAAA Supplies reports and documents to the legislature as required GLASAAAAA Provides technical assistance to court jurisdiction IGL I ICI, IGL GL IGL Manages physical facilities for courts A A SI SIG A eupervises probation services A ,It Supervises court reporter services GL A SIG Responsible for managing indigent defense A Assists court in exercise of its rule making function A A S A SIG

FINANCE AND BUDGET ACTIVITIES: Prepares budget for submission to the court of last resort A S SI A A S Conducts audit of judicial expenditures A A SIG i Requires accounting and budget report from the courts A A A A SIG Approves requisitions for capital equipment/construction GL A S A A SIG Determines compensation for nonjudicial court personel GL A A SIG

PERSONNEL SERVICES: Establishes qualifications for nonjudicial court personnel GL A A SIG

EDUCATION AND TRAINING ACTIVITIES: Responsible for judicial training programs and seminars A A A A 'A A SIG Responsible for nonjudiciai training programs and seminars A A A A A SIG Responsible for managing state law libraries A

PUBLIC INFORMATION AND LIAISON ACTIVITIES: Disseminates information on court operations to the media and A A A A AAAA public Disseminates information on court decisions to the media and public A SI SI A A

PLANNING AND RESEARCH ACTIVITIES: Responsible for court planning and grant management GL A S SI A SIG A Collects/analyzes/publishes court caseload statistics GLAAAAASIG A Requires caseload reports from the courts GL A A A A A SIG A Collects statistics on expenditure* of state GT, A A A

Key:

A All courts G Courts of general jurisdiction S Courts of last resort L Court* of limited or special jurisdiction I Intermediate appellate courts

94 113 FL GA H I I D I L I N IA KS KY LA ME Pi) MA MI MN MS MD MT NE NV ,

ThrAGL A A A A A A A A A AGL A A A Alij A S ...1 AGL A A A A A A A AGL A A .0 A A A A A A A A A A A AM. A A A A:41 A A -II A G A A A A A A A A A is A A

G A A AGL A A A A. G A A A0 SG g G

0 GL A A A ASI A A A G49SL A GL A A SI S A S A Gk A A IC 5.14 SL A GL A A IC GL SI A GIIPA A G'-'SL A GL A A GLSI A A A AGLGL A A G A SL A A A SI 5 A S A GL A A G SL A

GL A ASI A AGLGL A A G A SL A

SGL A SSI SI A ASIGL A S SL A

A A A A A A,A A A A A A S A A A A AGL A A A A k,4 A AGL A A A A s". ..A. A AGL A A A A A A A A AGL A A A A A A ICI. GL IC IGL ICI. GL IC GL A IC Gly A SI SI A SIGL G GL GLGL G G A SG% GL A GL A 'A A A S ,SI'S A S GL S A S S ,. *4 SGL A ASI A A A A A AGL A S A SL S A SI SI AGL A S GI. A SI GL SI A GL A S A. A S A SI SI A A SIL GL SL S A SI SI A GL S SL

A A SI SI A %A GL S SL

A A A A A A AGL A A A A AGL A f.9 A A GGL A A A A A A SI A GL

AGL A A A A A A A A A GL A A A A A

A A A GL

AGL A A A A A A A A AGL A A S A AGL A A A A A A A A A AGL A AGL A A A A A A A A A A A A AGL A AGL A A A A A A A A A A AGL A '!' A S .....

lii Table 23: Functions of state-level court administrativeoffice, 1980 (continued)

Activities and services NH NJ NM NY NC ND OH OK

MANAGEMENT ACTIVITIES: Appears before legislative committees dealing with court- A A SIG A related legislation . AAAA Obtains,sponsors for legislation relating to work A A A SG A Represents judiciary before agencies of the executive branch SIG A A A A SIG A Recommends to court of last resort the creation or dissolution of judgeships A A GL G G Recommends to the court of last resort the assignment of judges A A GL A A Nominates trial court administrators for election by trial . courts GL G r INFORMATION SYSTEMS ACTIVITIES: A Responsible for records management sxstems . 'A A GL AASG Responsible for managing data procesOng A GL A A A S Responsible for forma design A A GL G AASG Responsible for managing information systems A A GL A AASG Establishes records for automated administrative systems A GL A GL Responsible for budgeting financial requirements of state information system A A GL A A SG A Responsible for tatewide inventory control of facilities/ equipment L A ASSA

COURT SUPPORT SERVICES: , Provides secretariat services to boards and committees A AAAA Researches court organization and function AAAA A A A /Supplies reports and documents to the legislature as required Provides technical assistance to court jurisdiction AAAAAAAA Manages physical facilities for courts IGL GL IGL GL G G Supervises probation services SI S SIG S S Supervises court reporter ervice. A G L Responsible for managing indigent defense A G A GL G Responsible for managing indigent defense A Assists court in exercise of its rule making function A IGL GL

4 FINANCE AND BUDGET ACTIVITIES: Prepares budget for submission to the court of lasi-resart S SIG IGL A A SG A Conducts audit of judicial expenditures GL A A SG Requires accounting and budget report from the courts GL A A SG G Approves requisitions for capital equipment/construction SIG A S G Determines compensation for nonjudicial court personnel S SI A A A S ft ( PERSONNEL SERVICES: Establishes qualifications for nonjudicial court pePsonnel s A A A SG

EDUCATION AND TRAINING ACTIVITIES: Responsible for judicial training programs and seminars A A A IGL A A 4 A Responsible for nonjudicial training programa and seminars A A A GL GL A A Responsible for managing state law libraries A GL s

PUBLIC INFORMATION AND LIAISON ACTIVITIES: Disseminates information on court operations to the media and public jAAAA A A s Disseminates information on court decisions L to the media and public A. A A

PLANNING AND RESEARCH ACTIVITIES: Responsible for court planning and grant management A A A GL A A A Collects/analyzes/publishes court caseload statistics A G A A A A A Requires caseload reports from the courts A A A A A A A A A A Collects statistics on expenditures of state A ,

Key:

A All courts G Courts of general jurisdiction S Courts of last resort L Courts of limited or special jurisdiction I. Intermediate appellate.courts

115 OR PA RI SC SD TN TX trr VT VA WA WV WI WY AS DC GU PR VI

A A A A A SIG A A A A A A ; SL A G A A A A A A SIG A A A A A A .0^1 SL A A A A A A A A A 0 SL A G A A A A SIG GI .-I r-I II GI ICI GI GI A IC A 0> A

A SIG A " A GI GL GI CL GA00 . 0 GI 0 G

A A GI A A A A G A SI GI AA ,.4oS SISI A GI A SIG GI A A A A in A A A OL A A A A A A SIIL GI GI N A SI A GI A SIG GI GI A A A A A A GI A A A A A

SI SI A GI A SIG GI A A A A . A A

A A SIG GI SL SI A S A G A

A A A A A A A A GI A A S A G A A A A A SIG A GI A A A A A A G A

A A A A A SIG A GI A A A A A G A IGL IGL GI GI G SIG GI GI L IGL GI GIGL SI A 1 A SL S S A A G A A A A A .," SI G G a A A A A A A A A A SI A S A A SIG S GL SL L S A A A

SI A A A SIG A A A A G A eMg. A GL A A G A SI A A GL A L A A A SI A A SIG SL I A G SI SI A A G GL SL L A S A G A

SI ,SI A A GL SL L A S A A G A

A IGL A L A SIG cj A GL A A A G 4k!i A IGL A L A G .ALAA A A G A A SIG S A A

A A A GL A A GL ALAA S A A G A

SI A A A S

A A A GL A SIG GL ALAA A A A G A A A A GL A SIG A GL ASGL A A A A A G A A A A GL A SIG IG GL A GL A A A A A A GL A GL A A A A G

SourceStateCourt Administrators.

97 Table 24: State-court administrators, 1980. Qualifications, appointing authority, and salary.

Qu lifications for Stet Court Administrator Prior State Education experience Appointing authority Annual sajary

$34,515 ALABAMA Law degree or admission to bar Administration Chief Justice ALASKA College, Law degrees Court administration Chief Justice(approved by court) $68,068 ARIZONA College, Law degrees None Court of lastresort $44,308 $33,143 ARKANSAS Law degree, admission Practice law for 6 years, Chief Justice(approved by Judicial to state bar Iat least 28 years of age, Council) state resident 2 years CALIFORNIA Law degree Judge or practice of law for Judicial Council $62,892' 10 years

COLORADO None None -, Court of last resort $41,500 CONNECTICUT None None Chief Justice $44,520(if a judgg) DELAWARE None None Chief Justice $34,500 FLORIDA College, Law degrees None Court of last resort $38,200 GEORGIA None None Judicial Council $39,500

41 HAWAII None None Chief Justice (approved by court) $40,000 IDAHO College, Law degrees Court administration Court of last resort' $37,275 $53,000 co ILLINOIS College, Law degrees None Court of last resort $37,550 INDIANA College, Law degrees None -Coutt of last resort $35,000 IOWA College, Law degrees None Court of last resort $34,7S6 KANSAS College and Law degree Administration Chief Justice admission to bar Chief Justice $46,776 KENTUCKY College and Law degree , Administration, 8 years law practice, and 35 years of age LOUISIANA None None Court of last resort $55,712 $34,200 MAINE None None Chief Justice MARYLAND None None Chief Justice $48,700 $42,500 MASSAOHUSETTSa ee None Court of last resort $60,384 MICHIGAN Colle egree Court administration Court of last resort $47,000 MINNESOTA College, w degrees None Court of last reiort $41,000 MISSISSIPPI College, L degrees None Court of last resort $43,600 MISSOURI None None Court of last resort 118 11 7

0 Court of last resort $25,000 MONTANA None None Chief Justice $30,000 None None 4 NEBRASKA Court of last resort $30,250 Law degree None NEVADA New Haapshire.) (Does not *Moly. There is no provision for a state court administrator in NEW HAMPSHIRE $56,000 Judge Chief Justice NEW JERSEY College, Law, and Business or 4 Public Administration degrees 05,000 None Court of last resort NEW MEXICO Nbne $65,259 None Chief Justice (with advice and NEW YORK consent of Administrative board of Countres) $48,504 College, Law degrees None Chief Justice NORllCAROLINA Court of last resort $34,782 NORTH DAKOTA College, and Business or Court administration Public Administration degree Court of last resort $50,107 OHIO College None 1 Court of last resort $45,000 OKLAHOMA Oollege, Law degrees Nome Court of last resort $34,416to $43,908 None None OR1GON Court of last resort $50,000 PENNSYLVANIA College, Law degrees None Chief Justice $32,271to $44,493 RHODE ISLAND None None Chief Justice $40,831 SOUTH CAROLINA None None Court of last resort $39,000 SOUTH DAKOTA College, Business or Public Court administration Adadntstration, and Law degrees $52,983 College, Law degrees Judge Court of last resort , TENNESSEE $37,200 None Court of last resort TEXAS None $36,000 Administration Court of last resort UTAH None $35,550 None Court of last resort VERMONT Law degree or admission to bar $47,000 Practice law for 5 years Court of laat resort VIRGINIA ollege, Law degrees or admission to bar Court of last resort (list $40,200 ( None None WASHINGTON submitted by Governor) Court of last resort $38,000 College, Law degrees None WEST VIRGINIA Court df last resort $51,372 College degree Court administration WISCONSIN \ Court/of last resort $26,160 5 years . WYOMING College degree and graduate work in relevant field in American Samoa.) (Does not apply. There is no provision for a state-level administrator AMERICAN SAMOA Joint Commission on Judicial $49,050 None None DISTRICT OF ODLUMBIA Administration with concurrence of Chief Judges

GUAM (Information not availabie) $34,896 None Chief Justice PUERTO RICO College degree VIRGIN ISLANDS (Information not available) position of Administrator of Courts for the TrialCourt. There also exists the position of Chief 'Data on thii chart for Mcssachusetts is given for the He is elected by the Supreme Administrative Justice of the Trial Court who is required tobe a justice of one of the departments of the trial court. Judicial Court and serves a 7-year term at an annual salary of$47,000. Robert G. Nelland and Rachel N. Doan, State CourtAdalnistrative Offices (Chicaso, Source: State Court Administrators; NCSP taff review of state statutes; Illinois: The American Judicature Society,1979).

119 120 Table 25: Budget andfiscallauthority of the judicial branch, 1980.

Statutory treatment of judicial branch's budget submission Must execu- Same as Separate Separate tfve branch

"one of and co- and not spprovt Extent of Similarity of . ma ny equal to equal 'to transfer ot authority of fiscal procedures executive executive exscutive funds across statawidt twetween judicial branch branch branch budget fiscal admin- and executivs State.. auricle* budget budgit categoried? istration branches

ALAtAMA X Yea Total Similar ALA KA X No Total Similar Same ARIZONA X , Yea Limited X No Limited . Same . ARKANSAS \ CALIFORNIA X No Total Similar II COLORADO X No Total Similar CONNECTICUT X No United Same DELAWARE X Yea Limited Same FLORIDA X Yea Limited Similar GEORGIA X No ' Limited Similar

HAWAII X No Total Similar IDAHO X No Total Similar ILLINOIS X Yes Total Similar INDIANA X No Limited Different IOWA X Yes Total Similar

KANSAS X Yes Limited Same KENTUCKY X Yes Total Similar LOUISIANA X No Limited Different MAINE X / Yea Total Similar MARYLAND X Yea Limited Similar

MASSACHUSETTS X Yes Limited Similar MICHIGAN X No Limited Similar MINNESOTA X Yes Limited Same MISSISSIPPI X Yes Limited Same No Total Similar MISSOURI 4 X

MONTANA (Information not available) NEBRASKA X No Limited Similar NEVADA X Yes Limited Similar NEW HAMPSHIRE X No Limited Same NEW JERSEY X Yes Limited Same 1 NEW MEXICO X Yes Limited Same NEW YORK X No Total Similar NORTH CAROLINA X Yep Total Similar NORTH DAXOTA X No Totaf Similar OHIO X No Limited Same

OKLAHOMA X Yes Limited Same ORELO X No Total Similar PENNS X No Total Similar RHOD X Yes Limited Same SOU X Yea Limited Same

SOUTH DAKOTA X Yes Total Similar TENNESSEE X Yes Total Same TEXAS X Yes Limited Same UTAH X Yis Limited Same VERMONT X Yes Limited Same

VIRGINIA X No Limited Same WASHINGTON X No Limited Same WEST VIRGINIA X No Total Different WISCONSIN (Information not available) WYOMING X No Limited Same

AMERICAN SAMOA X No Limited Same DISTRICT OF COLUMBIA X II Yes Limited Same GUAM X No Total Similar PUERTO RICO X No Total Similar VIRGIN ISLANDS (Information not svailablt)

Key: X Affirmative.

Same .. Judicial branch follows the executive branch's fiscal administrative procedures. Similar . Judicial branch sets its own fiscal administrative procedures which are similar to those of the executive branch. Different .. Judicial branch stets its own fiscal administrati,,e procedures which are different from those of the exscutive branch. Source: Stat. Court Administrators. 1 21 Table 28: Audit procedures of the jadicla1 branch, 1980.

Ixecutive branch

Prescribes Proecribom proceduies Performs internal Performe Lesialative branch for pre- audit internal perfor m? post..audit Stati pre-audit audit procedures audit of judiciary

AI.APAMA X 0 0 Yee ALASKA X 0 0 Yes ARIZONA 0 0 0 Yes ARIANSAS . X -0 0 Yes CALIFORNIA X X X Yes

COLORADO o o o , o Yee CONNECTICUT x x Yes DELAWANI x x x x No FLORIDA . x o o Yes GEORGIA x x No

HAWAII 0 0 0 Y. IDAHO X Yes ILLINOIS X Yes INDIANA 0 0 0 No IOWA X X No

KANSAS Yes KENTUCKY 0 No LOUISIANA 0 Yea MAINE X , Yes MARYLAND 0 Yes

MASSACHUSETTS X X No MICHIGAN X X No MINNESOTA X X Yes MISSISSIPPI X X No s MISSOURI X X No

MONTANA (Information not available) NEBRASKA X X Yes 4., NEVADA X X Yes NVI HAMPSHIRE X 0 0 Yes NEW JERSEY X 0 0 Yes mk, NEW MEXICO X X No NEW YORK X X No NORTH CAROLINA 0 0 0 0 No NORTH DAKOTA (Inforeetion not available) OHIO X 0 0 No

OLLAHCNA X X Yes OREGON 0 0 0 0 Yes PENNSYLVANIA 0 0 0 0 No RHODE ISLAND X X No SOUTH tAROLINA X X Yes

SOUTH DAKOTA X 0 0 YOB UNNISSIK X X . No TIXAS X 0 0 Yes UTAH X X No VIRMONT X X No

VIRGINIA . .2x x x Yes WASHINGTON 0 0 Yee WIEST VIRGINIA \ X 0 0 Yesoi WISCONSIN \\,(Znformation not available) & WYOMING 0 0 X N 0 \ AMERICAN IIANDA 0 0 0 0 No DISTRICT OF COLUMSIA X X No GUAM X X Yes FUIXTO KIM (Information not available) Yea WWI* ISLUNNI ...... ,,, (Information not available)

Key: X Affirmative. 0 I:tact:time branch nt involved"process.

Source: State Court Administraters. 1 `) Table 27:Records and fiscal procedures of the judicial branch, 1980.

Type of inventory Type of accounting control system and Payroll and personnel State system used procedures used records/procedures

ALASAMA Integrated Executive Executive payroll/own personnel Executive payroll and personnel ALASKA Integrated Executive ARIZONA Executive Executive Executive payroll/own personnel ARKANSAS Executive Independent Independent CALIFORNIA Independent Independent Executive payroll/own personnel

COLORADO Executive Independent Independent CONNECTICUT Executive Independent State DELAWARE Integrated Executive Executive payroll FLORIDA Integrated Independent Executive payroll/own personnel GIOEGIA Indeoendent Independent Independent

HAWAII integrated Independdht Executive payroll/own personnel Executive payroll/own personnel IDANO Integrated Independent ILLINOIS Independent Independent Independent IEDIANA Independent Independent Independent IOWA Independent Independent Executive payroll/own recOrds

KANSAS Ebecutive Executive KENTUCKY Integrated Independent Executive payroll/own personnel LOUISIANA Independent Executive Independent MAINE Integrated Executive Independent 6 MARYLAND Executive Executive Executive payroll/own personnel C. MASSACHUSETTS Integrated Independent Executive payroll/own personnel MICHIGAN Independent Independent Executive payroll/own personnel MINNESOTA Executive Executive Executive,payroll/own personnel MISSISSIPPI Executive Executive State MISSOURI Integrated Independent Executive payroll/own personnel

NONTARA (Informstion not available) NISSASKA Executive Executive Executive payroll/own personnel NEVADA Executive Executive Executive payroll/own personnel NW HAMPSHIRE Executive Executive Executive payroll and personnel NEU JERSEY Integrated Independent Executive payroll/own personnel

N EU MIXICO Integrated Independent Executive payroll/own personnel NEW YORE Executive Independent Executive payroll/own personnel N ORTH CAROLINA Integrated Independent Executive payroll/own personnel NORTH DAKOTA Executive Executive State OHIO Executive Executive Execubive payroll/own personnel

OKLANCHA Integrated Executive' Executive payroll/own personnel OREGON Executive Executive Executive payroll/own personnel PENNSYLVANIA Independent Independent Executive payroll/own personnel RHODE ISLAND Integrated Executive Executive payroll/own personnel SOUTH CAROLINA Integrated Executive Executive payroll and personnel

SOUTH DAKOTA Integrated Independent Executive payroll/own personnel TENNESSEE Integrated Independent Executive payr011/own personnel TEXAS Integrated Executive Executive payroll/own personnel UTAM Executive Independent Executive payroll and personnel VERMONT Integrated Independent Executive payroll/own personnel

VIRGIN/A Integrated Independent Executive payroll/own personnel WASHINGTON Executive Imdependent Executive payroll/own personnel WEST VIRGINIA Independent Independent Independent WISCONSIN (Information not available) WYOMING Integrated Executive Executive payroll/own personnel

AMERICAN SAMOA Independent Independent Executive payroll and personnel DISTRICT OF COLUMSIA Integrated Independent Executive payroll/own personnel GUAM Executive Independent Executive payroll/own personnel PUERTO RICO Integrated Independent Executive payroll/own personnel VIRGIN ISLANDS (Information not available)

K ey: Lidependent State judiciary maintains its own system, records, and #rocedures. Integrated -State judiciary cysts,. is integrated with an xecutive system. subject to Executive State judiciary uses executive branch's accounting system, but is not executive controls and procedures. Executive psyroll/ovn records State judiciary uses executive branch's payroll procedures, but maintains its own payroll and personnel records. Executive payroll and personnel State judiciary uses executive branch's payroll procedures and personnel system. State State judiciary uses independent state level agency or service bureau thatse`rvices all branches of governxent.

Seurce: State Court Adadnistrators. 123 Table 28: Purchasing procedures of the judicial branch, 1980.

Purchasing procedures

Does judicial branch process all Must executive Judicial branch major purchases Executive branch branch approve purchasing ($5,000 or mo-re)---... muslipprove: all payable procedures through the State all purchases State vouchers? ara purchafing office? (above $ )

ALABAMA Yes Similar Yes (Mandatory) ALASKA No Different No * ARIZONA No Similar No ARKANSAS %. No Different No CALIFORNIA (Information Similar Yes (Voluntary) not available)

COLORADO No Similar Yes CONNECTICUT r No Similar No DELAWARE No Same No FLORIDA 7, Yes Similar No GEORGIA No Similar No

HAWAII No Similar No IDAHO No Similar Yeg (Voluntary) ILLINOIS Yes Similar No INDIANA 4(Information not available) IOWA No Same Yes (Mandatory)

KANSAS Yes Same Yes (Mandatory) Yes (WO) KENTUCKY No Same Yes LOUISIANA Different No MAINE Is Same Yes (Mandatory) Yes ($100) MARYLAND No Similar No

MASSACHUSETTS Yes Similar Yes(Voluntary) MICHIGAN No ISimilar No MINNESOTA Yes Same Yee(Voluntary) MISSISSIPPI Yes saes (State) Yes(Mandatory) Yes ($500) MISSOURI Yes Similar No

MONTANA (Information not available) NEBRASKA Yes Same (State) Yes(Voluntary) Yes ($35) NEVADA Yes Similar Yes(Voluntary) NEw HAMPSHIRE No Similar No NEW JERSEY Yes Same Yes(Mandatory) Yes (all)

NEw MEXICO Yes Sams No NEW YORK Yes Similar No NORTH CAROLINA Yes Same Yes(Mandatory) Yes($2,500) NORTH DAKOTA No Similar Yee(Voluntary) OHIO Yes Similar No

OKLAHOMA Yes Same Yes(Mandatory) Yes ($500) OREGON No Similar No PENNSYLVANIA No Similar No RHODE ISLAND Yes Same Yes(Mandatory) Yes($1,000) SOUTH CAROLINA Yes Same Yes(Mandatory) Yes ,(all)

SOUTH DAKOTA No Similar Yes(Voluntary) TENNESSEE Yes. Similar No TEXAS Yes Same Yes(Mandatory) Yes (all) UTAH .... Yes Same Yes(Mandatory) Yes (all) VERMONT Yes Similar Yes(Voluntary) Yes ($100)

VIRGINIA Yee Sams Yes(Mandatory) Yes ($500) 446 MASHINGTON lo Similar Y..(Voluntary) WEST VIRGINIA No Different No WISCONSIN (Information not available) WYOMING Yes Similar

AMERICAN SAMOA No game (State) Yea DISTRICT OF COLUMBIA lo Same Yes(Mandatory) Yes($2,000) GUAM No Similar No , .PUERTO RICO ,.. lo Similar No VIRGIN ISLANDS (Information not available)

Key:- Similar Judicial branch sots its own purchasing proced4res which aro similar to the xecutive branch. Different Judicial branch sets its own purchasing procedures which are different from the executive branch. Same Judicial branch follows the exacutive branch's purchasing procedures. Same (State) Judicial branch uses independent sta;e-level agency or service bureau that services all branches' purchasing procedures.

Source: State Court eeministrators. 121 A Table 29:Judicial councils and conferences, 1980. Name, authority, and purpose.

State Name Authority Purpose

ALABAMA Judicial System Study StatUte Study judicial system; make recommendations for Commission improvenent of administration of justice to legislature.

ALASKA Judicial Council? Constitution Study judicial system for improvement in administration; noninate candidates for judgeships.

ARIZONA Comedssion on Judicial Constitution Review and investigate complaints against Justices Qualification of the Peace, Superior and appellate judges.

ARKANSAS Judicial Council Statute Sponsor seminars for continuing legal education; endorse legislation to improve administration of justice.

The CALIFORNIA Judicial Council Constitution Chief administrative body of court system. administrative director of the courts reports to the council.

CONNECTICUT Judicial Review Constitution Discipline (removal, suspension, & censure) of Council state Court judges.

DELAWARE Council on the Statute Study organization, rules, practice, and proce- Adninistration dure of all courts in the state. of Justice Judicial Conference Supreme Court Study courts to improve idministration of justice;

Meeting' of Superior Discuss operations of the court. (Required Court Judges monthly.)

Judicial Administra- Statute4 Chief administrative affice of the court system. tion Commission Judicial Council? Statute Study organization, procedure, practice, and rules of al/ courts in the state.

GEORGIA Judicial Council? Statute Study court organization_and rules of practice and procedure.

HAWAII Judicial Council? Statute Study administration of justice and report to the Supreme Court.

IDAHO Judicial Council? Statute Conduct studies to improve court system; report to Supreme Court and legislature; submit nominations for judgeships; recommend removal or discipline of judicial officers.

ILLINOIS Judicial Conference Constitution Study business of court system and recommend and statute measures for improvement.

INDIANA Judicial Conference Statute Discuss operation of courts Ald promote continuing education of judges.

IOWA Judicial Council Rule pursuant Consider administrative rules, directives, and to statute regulations; recommend to Supreme Court for adoption. Judicial Conference Statute Study matters relating to administration of justic

KANSAS Judicial Conference Statute Annual meeting of judiciary to discuss judicial business, to make justice more effective. Judicial Council Statute Reconmend probate, civil, criminal, and juvenile code; conduct research for court system.

KENTUCKY Judicial Council Statute Study ways to improve administration of justice; recommend changes in rules and procedures. Judicial Conference Statute Study court system; receive reports and recommendations from Judicial Council.

LOUISIANA Judicial Coumcil Supra.* 'Court Study court organization, rules, and procedure; rule recommend improvements.

104 State Name Authority Purpose

MAINE Judicial Council Statute Study organization, rules, and methods of practice and procedure.

MASSACHUSETTS ... Judicial Council Statute Study organization, rules, and methods of practice and procedure. Judicial Conference Statute Consider matters relating to judicial administration and improvement.

MICHIGAN Judicial Conference Statute Study need for changes in constitution, statutes, and court rules.

MINNESOTA Judicial Councilt Statute Study organization, rules, and methods of practice and procedure. Annual Cgdilcil Statute Consider improvements in administration of of Judgis Justice.

MISSISSIPPI Conference of Mutual Study administration of justice; promote uniform- Mississippi Judges agreement ity and efficiency in pleading, practice, and procedure.

MISSOURI Judicial Conference Statute Study organization, rules, and _methods of practice and procedure.

NEKAAMPSHIRE ... Judicial Councilt Statute Study administration of Justice; devise ways to improve procedures; collect, analyze, and publish statistics.

NEW 'JERSEY Judicial Conference Supreme Court Assist Supreme Court in consideration of improve- rule ments in practice and procedure and in administration and organization. Conference of Judges Supreme Court Hold conferences to make more uniform the opera- rule tion of courts in the state.

NEW MEXICO ..,... Judicial Councilt Statute Study organization, rules, and methods of operation and administration. Judicial Conference Statute Discuss methods to improve administration of Justice; make recommendations to legislature, Governor, and Supreme Court.

NEW YORK Judicial Conference Statute Advise the Administrative Board; recommend to the Governor and legislature changes in statutes, rules, and practices. Administrative Board Constitution Administer the state court system. of the Judicial Conference

NORTH CAROLINA .. Judicial Councilt Statute Study administration of courts; make recommendations for change to the legislature or the courts.

NORTH DAKOTA .... Judicial Council Statute Study operation of courts in state to see that procedures are simplified and business expedited.

OHIO Judicial Conference Statute Consider probleme in administration of Justice and make recommendations for improvement.

OREGON Judicial Conference Statute Study organization, jurisdiction, procedures, and practices of courts in the state; hold an annual education sesslon.

PENNSYLVANIA .... Stets Judicial Supreme Court Study administration of justice; make recommenda- Council rule pursuant to tions to Supreme Court on matters referred by constitution court, or raised by Council sua sponte.

RHODE ISLAND .... Judicial Councilt Statute Study organization of judicial system; make recommendations to courts. Judicial Conference Statute Consider matters relating to judicial business and administration.

105

12G Table 29: Judicial councils andconferences, 1980 (continued)

Stat Name Authority Purpose

SOUIS CAROLINA .. Judicial Councilt Statute Study organization of justice; collect and publish statistics. Supreme Court and Statute flevise rules of Circuit Courts and practice therein. Circuit Court Conference

SOUTH DAKOTA .... Judicial Conference Statute Study organization, rules, methods, and practices of all courts; make recommendations to the Supreme Court.

TENNESSEE Judicial Councilt Statute Study operation of judicial department; consider recommendations for improvement. Judicial Conference Statute Consider rules and laws to isprove administration of justice; draft suitable legislation for the General Assembly.

TEXAS Judicial Councilt Statute Study organization, rules, practices, and procedures of civil jurisdiction courts.

UTAH Judicial Council Statute Develop uniform administrative policies for the courts of Utah.

'VERMONT Judicial Councilt Statute Study organization, rules, and methods of procedure and practice of the court system.

VIRGINIA Judicial Conference Statute Discuss means to improve administration of justice. Judicial Conference Statute Discuss means to improve administration of justice. for District Courts Judicial Council Stptute Study organization, rules, procedure, and practices of the judicial system. Comittee on District' Statute Study organization, rules, procedure and practices of Courts the District Courts and clerka Offices; determine number of District Court judges, substitute judMes, clerks offices and court personnel; establishes) procedures and practices for District Courts.

WASHINGTON Judicial Conference Statute Consider matters relating to administration of justice. Judicial Council Statute Study operation of judicial departments; make recommendation to governor and legislature. Court Planning Council Supreme Court Establish priorities for court improvement plans, rule review and approve federal funding projects, coordinate and prepare an annual judicial system plan.

WEST VIRGINIA ... Judicial Councilt Statute Study organization, rules, and methods of practice and procedure; collect statistics.

WISCONSIN . Administrative Commit- Statute Review administration of all courts in state. tee for the Court System Judicial Conference Statute Study problems in administration of justice; make recommendations for improvement; conduct instructive prosrams and seminars. Judicial Councilt Statute Study pleading, practice, and procedure; make recommendations to Supreme ourt and legislature.

WYOMING Judicial Conference Mutual Study matters relating to adlinistration of agreement justice. Judicial Councilt Statute Hold hearings on proposal rules and agvise Supreme Court.

DISTRICT OF Joint Committee on Ju- Statute Establish administrative policy of court system. COL(MBIA dicial Administration Judicial Conference Statute Annual meeting to make'recommendations for improvement of the system. Board of Judson Statute Determine internal operating policy of court.

tOrganization is primarily composed of legislators, lawyers, or laymen rather than judges.

Source: State Court Administrators; Research and Inform:don Service, National Center for State Courts. 106

127 4. Table 30:Description of grand juries, 1980. Selection process, size, number needed to indict, and scope of

,activity.

Number of Is a grand jury indictment grand jurors essential for all felony needed to Scope of prosecutions (unless

State Selection process Size indict activities waived by the accused)? ,

ALARAMA Rsndom selection from 18 12 Criminal indictments Yes (all with a

master lists compiled , and insestigations potential sentence from voter registrations, of local govern- of more than a year), drivers licenses, motor mental affairs vehicle registration, utility customers, and property tax rolls ALASKA .... Rsndom selection from 12 to 18 Majority Criminal indictments Yea the lists of actual vote and investigations votare, tax rolls, and of local govern lists of trapping, mental affairs hunting, and fishing licenses

ARIZONA ... Random selection from 12 to 16 9 Criminal indictment; No registered voter lists, (16 in Mari- then questioned and cop. County selected by judges. (Phoenix)) Statute authorizes statewide grand juries ARKANSAS .. Discretion exercised by 16 12 Criminal indictments Yee a 3 to 12-member citizen and investigations commission appointed by of local govern a circuit judge mental affairs

CALIFORNIA Discretion exercised by 23 in Los 14/23; Investigations of No the Superior Court Angeles 12/19 local governmental judges except in a few County; iffaire and indict- counties, including'San 19 elsewhere sent considerations Francisco, where the in fewer than 15 per- selection is random cent of all felony from the list of matters. Serves 1 registered voters year COLORADO .. Rsndom selection from Usually 12; 9/12; Investigation of No the list of registered occasionally 12/23 controversial crimes, voters, driver's as large as like police shootings license lists, and city 23 and governmental directories, followed corruption by questioning by the judge and district attorney. Statewide grand juries can be assembled

CONNECTICUT Discretion, exercised by 18 12 All crimes with sen- Yes (but only for the county sheriff 41' tence of death or crimeo with a life imprisonment, potential sentence occasional investi- of death or life getions imprisonment) DELAWARE .. Random selection from 10 to 15 7/10; Criminal indictments, Yes (with certain lists of registered 9/15 investigations. constitutional and qvoters and Other lists Serves for 1 year statutory excep- where necessary tions) FLORIDA ... Discretion, exercised by 15 to 18 12 Criminal indictments, Yes (but only for county commissioners or investigations Id capital offenses) jury commission county offices (appointed by Governor); statewide grand juries can be impaneled

108

12R Number of Is a grand jury indictment grand jurors essential for all felony needed to Scope of Or prosecutions (unless I State Selection process Size indict activities waived by the accused)?

GEORGIA Discretion, exercised by 16 to 23 Majority Criminal indictments, Yes commissioners, vote investigations of appointed by judge local governmental affairs, inspections. Sets salary for certain jobs No HAWAII Random selection from 18 to 23 i 12 Criminal indictments the list of registered voters, which may be supplemented with some names from other lists IDAHO Randomawlection from 16 12 Public offenses No registered voter list, urlIbty list, and driver's license list

ILLINOIS .. Random selection from 23 (20 on 12 Criminal indictments Yes the repistered voter supplemental and irestigations list, followed by panel) of official questioning about the misconduct time involved

INDIANA ... Random selection from 6 5 Major felony cases No voters registration list supplimented with other lists such as utility customers, property taxpayers, state income tax payees and others

IOWA Random selection from 7 5 Criminal indictments, Yes lists of registered investigations of voters, tax assess- prisons, conduct of ment lists, motor ve- public officials, hicle operators, licen- highways ses lists, and others KANSAS Ran4om selection from 15 12 All public offenses No the list of registered voters and/or census list KENTUCKY Random selection from 12 9 Criminal indictments Yes voter registration lists and current property tax rolls

LOUISIANA . Discretion, exercised 12 9 Criminal indictments Yes (but only for by citizen jury capital offenses) commission

MAINE Random selection from 13 to 23 12 Criminal indictments. Yes (except where a voter registration In Cumberland County statutory excep- lists followed by (Portland) the tion is created) questioning by a judge grand jury serves and the district for 1 year and meets attorney for 5-10 days 3 times a year

109

1 2 Table 30: Description of grand juries, 1980 (continued)

Number of Is a grand jury indictment grand jurors essential for all felony needed to Scope of prosecutions (unless State Selection process Size indict activities waived by the accused)?

MARYLAND .. Random selection from 23 12 Criminal indictments No voter registration and inspects lists screened to see government who can spare the time agencies. It meets every day for, 4 months

MASSACHUSETTS Random selection: 35 23 12 Crimi4al indictments Yes names are drawn from the trial jury list, which is assembled by discretion; then a judge selects 23 persons

MICHIGAN .. Random selection from 13 to 17 (Also 9 Criminal indictments No the list of registered 1-person (infrequently) and voters [judge] grand investigations juries)

MINNESOTA . Random selection from 16 to 23 16 Criminal indictments, No the list of registered investigations of voters (separate list prisons and public maintained) officials MISSISSIPPI Rindom selection from 15 to 20 12 Criminal indictments No vdketr registration and investigations of lie local governmental affairs

MISSOURI .. Randomly selected names 12 9 Criminal indictments, No are screened carefully investigations, by the judges who make inspections, inquiries the final selection into governmental fiscal mstters

MONTANA ... Random selection from 11 10 Criminal indictments, No tax rolls investigations, public officials, prisons

NEBRASKA .. Random selection of 40 16 12 Criminal indictments, No names from the list of county jail actual or registered voters, and from that list of 40, 16 are picked by the Judge and jury commissioner

NEVADA .... Random selection, 17 12 Criminal indictments No then screened as to and investigation of their willingness to local governmental Aksi. serve affairs NEW Random selection from 23 12 Criminal indictments Yes HAMPSHIRE the trial jury list, and investigations of which is aslembled by subversive activities. the discretion of Meets about 4 days town officials every 2-3 months Random selection from 23 12 Criminal indictments, Yes the list of registered investigations voters. Statute authorizes statewide grand juries

it0 Number of Is a gr jury indictment grand Jurors ssentia for all felony needed to Scope of prosecutone (unless the accused)? State Selection process Size indict activities waived b

NEW MEXICO Random selection from 12 6 Criminal indictments, the voter registration investigations. In list followed bY Bernalillo County questioning by a Judge (Albuquerque) grand juries meet once a week for a 6-month term; elsewhere, they are called infrequently Yes NEW YORK .. Spec Ily selected from 16 to 23 12 Criminal indictments, persoib e who have been investigations into qualified as trial prisons and miscon- jurors and who pass duct of public a police investigation officials. Serves for 1 month

NORTH Random selection from 12 to 18 12 Criminal indictments, Yes CAROLINA voter registrations, inspections of Jells tax rolls, and other and other county sources deemed to be agencies reliable No NORTH DAKOTARandom selection from 8 toll 6 Criminal indictments, lists of actual voters, prisons, public holders of driver's officials. Only licenses, utility cus- rarely assembled tomers, and property taxpayers

3OHIO Random selection from 9 7 Criminal indictments Yes the registered voter list followed by questioning No OKLAHOMA Varies by county 12 9 Criminal indictments and investigations of local governmental affairs. Can be called by petition of citizens

OREGON Random selection from list 7 5 Criminal indictments No of registered voters and investilations of public prisons and offices pertaining to courts of Justice

PENNSYLVANIASelected from voter regis- 15 to 23 12 Criminal indictments No (Counties are autho- tration lists, and ome- ind investigations rized to abolish times interviewed by jury indicting grand clerk and Jury masters Juries and many have done so.)

RHODE Random selection from 13 to 23 12 Criminal indictments Yes (but only for ISLAND ... voter registration list offenses punishable followed by an interview. by death or Statewide grand Juries life imprisonment) are authorized Yes SOUTH Discretion, xercised by a 18 12 Crieinal indictments CAROLINA . Jury commission composed of civil servants

in Table 30: Description of grand juries, 1980(continued)

Number of Is grand jury indictment grand jurors essential for all felony needed to Scope of prosecutions (unless State Selection process Six. indict activities waived by the accused)?

SOUTH DAKOTA Random selection from the 6 to 8 5 Criminal indictments, No list of registered voters investigations of governmental misconduct

TENNESSEE . Undo, selection from the 13 12 Criminal indictments No trial jury lists, which are and investigations compiled by jury commis- of prisons, elec- sioners without guidelines. tions, and govern- The same person may mental affairs foreperson for sever years TEXAS Discretion exercised by 12 9 Criminal indictments, Yes citizen jury commis- investigations ssioners, appointed by a judge

UTAH Random selection from the 7 5 Criminal indictments, No official register of investigations, in- voters and other lists spections (public proscribed by the Utah prisons, willful and Supreme Court rrupt misconduct of ic officials)

VERMONT ... Random selection from 18 12 Criminal indictments Yes (but only for the lastest census offenses punishable enumeration, telephone by death or directories, election life imprisonment) records, and other gem eral sources of names

VIRGINIA .. Judges choose names 5 to 7 4 Criminal indictments; Yes investigates conditions that promote criminal activities and misfeasance of governmental authority

WASHINGTON. Random selection from 12 to 17 3/4 Criminal indictments No voter registration list of panel and investigations of governmental affairs

WEST Discreteon, exercised 16 12 Criminal indictments Yes VIRGINIA . by 2-member citizen )ury commission (representing the 2 major political parties) WISCONSIN Names selected by jury 17 12 Criminal indictments No commissioners and then screened by judges. In Milwaukee County, random selection from the registered voter list Random selection from 12 to 16 9 Criminal indictments, No the voter registration inspections, list. Statewide grand investigations -4 juries can be assembled

112

122 Number of Is a grand jury indictment grand jurors essential for all felony needed to Scope of prosecutions (unless State Selection process Size indict activities waived by the accused)?

DISTRICT OF Random selection from 23 12 Crimtnal indictments. Yes (for all crimes COLUMBIA . the list of registered Serves at least 2 with potential voters, followed by months. Frequently sentence of a year I questioning by a judge 9 or 10 are or more) and sometimes-by the operating at once U.S. Attorney PUERTO RICO Discretion by court- 12 to 15 Majority Criminal indictments Yes cipointed jury commiss- vote and investigations of ioners government officials and activities

Source: State Court Administrators; NCSP Staff review of state statutes; Jon M. Van Dyke, 4ury Selection Procedures, (Cambridge, Massachusetts: Ballinger Publishing Company, 1977), Appendix B.

113

( 1 ' 3 Table 31:Selection of trial jury pool, 1980. Selection process and sources used for master list.

Sources used for master list

0 P1

U 0 0 0

W U U

State Selection process 0 Other

ALABAMA L endom selection (moue XXXXX X X Civic orpnizaiions. counties use drivers list exclusively) ALASKA Random selection xa X List of persons with trapping, ARIZONA L endom selection hunting and fishing licenses. ARKANSAS Discretion exercised by 3 to 12-member citizen jury commission appointed by circuit judge

CALIFORNIA Random selection COLORADO Random selection (Uniform X X X X. X X X Jury Selection Act) CONNICTICUT Discretion, exercised by X X town civil servants DEL/WARR Random selection X

YLORIDA Discretion, exeraleed by No particular master list is used. county commissionel, or 2-citizen jury commissions (in Dade County [Mani) and number of other counties, rahdom selection from voter lists) GRORCIA Discretion, exercised by 6- X State tax digest; personal member citizen jury commis- acquaintances. sion, appointed by judge HAWAII U nion se,lection X X X X X X In Honolulu, voters' list, supplemented with telephone directory.

IDAHO U nion selection (Uniform X X X X, Jury Selection Act) ILLINOIS L endom selection X INDIANA Discretion, exercised by X X court-appointed commis- ioners (random selection in Lake County) IOWA Random selection xa X Other sources are also used. KANSAS L endom selection X KENTUCKY Random selection X

LOUISIANA Discretion, exercised by No particular master list is used. 5-member citizen )ury commission appointed by judge except in-Orleans Parish where they are appointed by the Governor moan- -,-.- I landoe-weleret-ten-- X

114 Sources used for master list

u0 0 0 I.

2 0.

State Selection process Other

MARYLAND Random selection X MASSACHUSITTS Discretion, exercised by town X xl) Includins police census list. officials and county officials followed by personal interviews MICHIGAN Random selection X MINNISOTA Random selection X X X *X X X Welfare recipients. MISSISSIPPI Random selection \LX

MISSOURI Randoe selection in the major X X X X Public records. cities, discretion in the less populated counties

MONTANA Randoe selection X ,x % N MASKA Random selection X NIVADA Discretion, exercised by Xc county commissioners or jury commissiows

K IM HAMYSHI Discretion, etarcised by No particular master list is used. town selectmen NIM JIRSIY .. Random selection X NIM MIXICO ...... tc\Random selection X KIM YORK Random selection X X X X X Volunteer"' are accepted. NORTH CAROLINA Random selection X X X NORTH DAKOTA Random selection (Uniform Xs X X X X c . Jury Selection Act) J OHIO Rando Selection, followed X by personal interviews conducted by a 2-member citizen jury commission, appointed by judges and 'representing the 2 major political parties OKLAHOMA Discretion, exercised by a X jury commission composed of civil garments, or--at the discret of the presiding judse-- selection (Oklahoma and Tulsa Counties . now both select randomly from the voter list)

115 Table 31: Selection of trial jury pool, 1980 (continued)

Sources used for master list

a 4 0 a 0 a -0 0 0

'CI a a In a +.1 a a State Selection process 8 Other A

OREGON Random selection PENNSYLVANIA Random selection, followed Welfare recipientsd. (in Philadelphia and Allegheny Counties) by some personal interviews RHODE ISLAND Random selection, followed X by personal interviews % Volunteers are accepted. SOUTH CAROLINA Discretion, exercised,by a X jury coemission compbsed of civil servants

SOUTH DAKOTA Random selection X TENNESSEE Discretion, exercised by a X X X jury commission composed of civil servants TEXAS Random selection X UTAH Discretion, exercised by 2 X court-appointed jury commissioners from different parties VERMONT, Random selection X X X

VIRGINIA .. Random selection No particular master list lamed. WASHINGTON Random selection X WEST VIRGINIA Discretion, exercised by 2- No particular master list is used. member citizen jury commission representing the 2 major political parties

WISCONSIN Random selection, followed X by personal interviews conducted by a 3-member citizen jary commission WYOMING Random selection X AMERICAN SAMDA (Information not available) DISTRICT OF COLUMBIA Random selection X X GUAM (Information not available) PUERTO RICO Discretion by appointed No particular master list is usad. jury commissioners VIRGIN ISLANDS (Information not available)

X Affirmative.

&List of actual voters is used. Imitate income tax lists are used only in Middlesex County. cVoter registration lists are supplemented in Nevada. dAllegheny County, Pennsylvania, uses the voter registration list, the telephone directory, and thewelfare recipients list.

Jon M. Van Dyke, Jury Selection Source: State Court Administrators; NCSF staff review of state statutes; Procedures, (Cambridge, Massachusetts: 'Ballinger Publishing Company, 1977), Appendix A.

116

1,?6 Table 32:8Nilifications for trial jury service, 1980. Time limits, elimination for felony convictionefesidency, age, and other special qualifications.

Time limit Eliminated Residency since for requirement Age previous felony prior to State jury service conviction service MinimumMaximum Other special qualifications

ALABAMA X 1 year 19 65 "Esteemed in their community for their integrity, good character, and sound judgment;" must be a householder (Ala. Code, 112-16-60) ALASKA 1 year X 1 year 19 'lust read or speak English" (Alaska Stat. 109.20.010) ARIZONA X 50 days 18 ARKANSAS 2 years X 18 65 "Good character or approved integ-

, rity," "sound judgment or reasonable information," "good behavior" (Ark. Stat., 139-102)

CALIFORNIA X 18 "Fair character and approved integrity," "sound judgment" (C.C.P., i 1205) COLORADO X 18 CONNECTICUT 18 65 DELAWARE 2 years X 1 year 18 FLORIDA X -11 year 18

GEORGIA 1term 6 months 18 . 65 "Intelligent and upright citizens" (Ga. Code Ann., 159-106) HAWAII 1 year X 18 IDAHO (a) x 18 ILLINOIS 1 year 18 "Of fair character, of approved inegrity, of sound judgment, well informed" (Ill. Rev. Stat., Ch. 78 12 (1965))

INDIANA 1 year X 18 65 Jurors mist be freeholders, house- (in Lake holders or their spouse (Ind. Stat. County only) Ann. 1133-4-5-1,7) IOWA 18 "Good moral character, sound judgment" (Iowa Code Ann., 1607.1) KANSAS 1 xear X 18 KENTUCKY 1 year X 18

LOUISIANA 2 years 18 70 MAINE 5 years X 18 MARYLAND 3 years X 18 70 MASSACHUSETTS 3 years X 18 70 "Sound judgment," "good moral char- (2 years (in Middle- acter" (Mass. Gen. Laws. Ann., Ch. in Nantucket sex County 234, 14 [Supp. 19721) and Hulus only) Counties)

MICHIGAN 1 year X 18 70 1 MINNESOTA 4 years 18 MISSISSIPPI 2 years X 21 65 "(N[ot a common gambler or habitual drunkard" (Miss. Code 113-5-1) MISSOURI 1 year X 21 65 "Sober and intelligent, of good reputation" (Vernon's Ann. Mo. Stat., 1494.010)

MONTANA X 30 days 18 NEBRASKA 2 years X 21 70 "Of fair character, of approved integrity, well-informed...of sound mind and discretion" (Neb. Stat., 125-1601) NEVADA X 18 65 NEW HAMPSHIRE 3 years 18 70 NEW JERSEy 1 year X 2 yetrs 18 75 "Impartial," "best qualified" (N.J.S.A., 12AA:75-2)

118 137 Time limit Eliminate Residency since for requirement Age previous felony prior to State jury service conviction service Minimum Maximum Other special qualifications

NEW MEXICO 18 NEW YORK 2 years X 18 70-76 "Intelligent, of good character" (Judiciary Law, 5510) NORTH CAROLINA 2 years X 18 NORTH DAKOTA 2 years X 18 OHIO 1 year X 18 70 OKLAHOMA X 18 65 "Sound mind and discretion," "good mocal character" (Okla. Stat., 538-28)

OREGON I year 18 "Most competent" (Ore. Rev. Stat., 510.110) PENNSiLVANIA 3 years 18 *Mentally fit and morally strong" (Pa. Stat., 51252) "Sober, intelligent and judicious" (17 Penn. Stat. 5942) RHODE ISLAND .. 2 years 21 "Good moral character," "sound judgment" (Gen. Law. R.I., 59-9-23) SOUTH CAROLINA I year X 18 65 "Good moral character," "sound judgeent" (S.C. Code, 514-7-140); must have aTIIIT:717-weixth grade education or its equivalent." (S.C. Code, 514-7-810)

SOUTH DAKOTA ... 2-4 years X 18 70 TENNESSEE 2 years X 1 year 18 65 "Upright and intelligent persons known for their integrity, fair character and sound judgment" (Tenn. Code Ann. 522-228) TEXAS 6 months X 18 65 "[Olf sound mind and good moral character" (V. Ann. Civil St., Art. 2133)

UTAH 1 year X 6 months 21 '

VERMONT 2 years X 18 70 VIRGINIA X 1 year 18 70 WASHINGTON 1 year 18 60 Must be a taxpayer (Sec. 1, ch. 57, RCW 52.36.070) WEST VIRGINIA 2 years X 18 65 "Sound judgment," "good moral character". Paupers are excluded. (W.Va. Code 1552-1-2, 4) WISCONSIN 2 years 18 65 WYOMING X 1 year 18 72

AMERICAN SAMOA (Informseion not available) DISTRICT OF COLUMBIA 2 years X 1 year 18 GUAM (Information not available) PUERTO RICO .... 2 years X 18 70 Must be able to read and write Spanish (R.C.R.P. 95 (c)] VIRGIN ISLANDS . fillot-tion not available)

Note: Those jurors who are not United States citizens, literate, or are not physically or mentally competent are disqualified from jury service in all tates. The interpretation of these disqualifications varies from jurisdiction to jurisdiction.

X Affirmative. aIn a 2-year period, no person will be required to serve or attend more than 30 days except to finish a case, to serve on more than 1 grand Nry, or serve on both a grand and a petit jury.

Source: State Court Administrators; MCSP staff review of tate statutes; Jon M. Van Dyke, Jury Selection Procedure., (Cambridge, Massachusetts: Ballinger Publishing Company, 1977), Appendices A and C.

119 Table 33:Statutory exemptions from trial jury service, 1980.

Exemptions fromjury service

4 11 State :3 3 "8 Occupational exemptions

ALASAM None 6,7,32 ALASKA ARIZONA Nose 5,6,7,8,10,13,14,15,17,20,23,24 ARKANSAS Limited to certain peace officers CALIFORNIA

COLORADO (a) X None CONNICTICUT X X 1(16 years) 7,8,10,14,15,17,21,24,32,37 8,10,14,19,24,30 DELAWARE X X X X 24,30 FLORIDA 1(15 years) X 3,7,10,12,17,23,24,32 GRORGIA X 1(14 years) X 3,6,7,8,10,14,15,24,30 NANAII X X X None IDAMO X 6,7,8,10,16,19 ILLINOIS X X X 8,14,15,19,30 IND/ANA X 8,14,19,30 (Lake County) (a) X X X 8,19130,36 IOWA None KANSAS X X ICRWIVCKY X NonA 5,6,7,8,10,14,15,19,20,23,24,30 LOUISIANA X MMMI X t X 7,8,19,24,30 MAITLAND X X 14,15

MASSACKUSETTS X 1(15 years) X X 3,6,7,8,10,11,12,17,19,24,30,31,32,36 (Middlesex . County) X X MICHIGAN X :::: / MINNESOTA X X X X 3 MISSISSIPPI X X 3,7 X 5,6,7,8,14,15,19,25,30,32 MISSOURI e X X X X

MONTANA X Xc(minor) X X 3,6,7,8,10,12,13,15,16,17,19,23,25,26,27,30,32,33 None .% NISRASKA X 7,10,17,19,23,24,25,20,27,30,32,33 NEVADA X X X 7,8,10,24,30 % NEW RAMPSNIRE X NEW MIRY r Ic(minor) x 7,10,12,14,15,24,30,32,33,34,37,38

NSW MMXICO X None NEWYORK 1(16 years) X 3,6,7,8,10;13,14,15,16,17,19,20,23,24,29,30 None D NORM CAROLINA X , X None :NORM DAKOTA (a) None . ORIO X X

X Affirmative.

*The Uniform Jury Selection and Service Act reads, "Undue hardship, extremeinconvenience or public necessity." Din a 2year period, no person will be required to serve or attend sore than 30 days except tofinish a case, serve on more than 1 grand jury, or serve on both a grandand a petit jury. eThe statute is sixneutral and applies tO any parson charged with caring for achild.

120

123 Exemptions fromjury service

a A E

0 11 71 .4 t 0 W 41 "I 41, 41-41 0 0 0 State : I 11 .64 ra 111. - 0 t Occupational exemptions

ORIAHOMA X Xc(minor)' X X 6,7,815,24,25,26 OREGON X X 3,5,7,8,10,13,15,19,20,30,35 PENNSYLVANIA X X 3,6,7,11,13,15,17;23,32,33 RHODE ISLAND X 3,6,8,10,15,19,24,26,30,32 SOUTH CA1OLINA X X X(7 years) X 7,17,19,23,24,30

SOUTH DAKOTA X X 8 TENNESSEE 6,7,10,15,19,23,27,30,32 TEXAS X None UTAR X None VERMONT X 6,7,8,10,17,19,24,30,32

VIRGINIA Xc(16 years) X 2,3,6,7,8,9,10,11,12,13,14,15,18,19,20,21,22,23,24, 26,27,30,31,32,35 WASHINGTON None WEST VIRGIN X None WISCONSIN4. X X 8,30 WYOMING X 8,10,15,24

AMERICAN SAMOA (Information not available) DISTRICT OF COLUMBIA X X Non GUAM (Information not available) PUERTO RICO X X X 2,1,4,6,7,11,12,13,14,16,17,18,19,20,23,24,26,28,29, 30,31,32,33,34,35 VIRGIN ISLANDS (Information not available)

Key: Numbers ip the last column indicate the following occupations:

1 Accountants 21 Persons caring for disabled *2 .Airline pilots or other employfes 22 Persons participating in theharvest .3. Attorneys 23 Pharmacists 4 Bus drivers 24 Police and members of other law enforcement agencies 5 Chiropractors 25 Postal employees 6 Clergy 26 Prison guards 7 Doctors/dentists 27 Railroad employees 8 Elected officials 28 School bus drivers 9 ferry boat operators 29 Sole proprietors of busi 10 Firemen 30 State officials 11 Government employees: local, state, federal 31 Students 12 Hospital employees 32 Teachers 13 Licensed embalmers 33 Telegraph operators 14 Members of the military forces 34 Telephone operators 15 National guardsmen on active duty 35 Veterinarians 16 Newspaper reporters 36 Persons who are conscientiously opposed to jury duty 17 Nursed because oftheir religion 18 Officers and employees of ships 37 First ald and rescue squad personnel 19 Officers of the United States 38 Game wardens 20 OptaLtrists 39 Cloistered members of religious orders 40 Licensed clinical psychologists

N. Sources: State Court Administrator; Stiff review of state statutes; Center for Jury Studies, Newsletter 05, September, 1979; John M. Van Dyke, Jury Selection Procedures, Appendix C: Statutory Excuses, 1977.

121

I.0 Table 34: Number of peremptory challenges in jury trials, 1980. - Number of challenges per side for criminal andcivil cases.

Number of peremptory challenges por party per side

Criminal cases

State Capital ,Felonies Misdemeanors Civil caaeb. Method of voir dire

ALABAMA 4*5; 8*D 4*5; 8,0 4*5; 8,0 6* Attorney ALASKA 6 S;10 D 6 S;10 D 3 3 Judge ARIZONA 10 6 2 4 Civil -judge; criminal -judge plus attorney ARKANSAS 10 S;12 D 6 S; 8 D 3 3* Judge CALIFORNIA 26a 13 13 8 Attorney

COLORADO 15 10 3 4 (Jury of 12) Judge plus attorney 3 (Jury of 6) CONNECTICUT 25(15b) 6 (Jury of 6) 3 (Jury of 6) 3 (Jury of 6) Attorney DELAWARE 12 S; 20 D 6 6 s 3 Judge FLORIDA 10 6 (Jury of 6) 3 (Jury of 6) 3 (Jury of 6) Civil--attorney; crimlnal--judge plus attorney GEORGIA 10cS; 20cD 6 S;12 D 6 S;12 D 6* Civil--attorney; criminal--judge plus attorney 3(2_ AAWAII 12a 3 3 Attorney IDAHO 100 6 6 4 Attorney ILLINOIS 20 10 5 5 Judge plus attorney INDIANA 20 10 3 6 Judge plus attorney IOWA 8*(challengo)a 4*(challengo) 2*(challenge) 3*(ehallenge) Attorney 2*(stribe)a 2*(strike) 24(srike) 2*(strike)

KANSAS 124 8 or 60 4 3 Attorney KENTUCKY 5 S; 15 D 5 S;15 D 3 3 Civil--judge; criminal--judge plus attorney LOUISIANA- 12 12 or 6f 6 6 Attorney MAINE 10 S; 201D 8 4 3 Civil--judge; criminaljudge plus attorney MARYLAND 10 S; 20 D 10 S; 20 D 4 4* Judge

MASSACHUSETTS 12a 4 4 4 Judge MICHIGAN 15aS; 201111 5 5 3 Judge MINNESOTA 9aS; 15aD 3 S;5 D 3 S;5 D 2 Judge plus attorney MISSISSIPPI 12 6 6 4 Attorney MISSOURI: Cities over e 200,000 15/10aS; 4 S; 8 D 4 3 Judge 20/12aD Elsewhere 6aS; 12aD 4 S; 8 D 3 3 Judge

MONTANA 8 6 4 4 (Jury of 12) Attorney 2 (Jury of 6) N EBRASKA 10015; 12aD 6 3 6* Attorney NEVADA fla 4 4 4 Judge N EW HAMPSHIRE 10 S; 20 D 3 3 (Jury of 12) 3 Judge NEW JERSEY 12 S; 20 D 10 10 6 (Jury of 12) Judge 3*(Jury of 6)

N EW MEXICO ISS; 12411) 3 S;5 D 3 S;5 D 5 Judge plus attorney NEW YORK 20 15 (Jury of 12) 10 (Jury of 12) 3 (Jury of 6) Attorney 10 (Jury of 6) 3 (Jury of 6) NORTH CAROLINA 14 4 S; 6 D 4 S; 6 D 8 Judge plus attorney N ORTH DAKOTA 15 10 6 6 Attorney OHIO 6 4 4 3 (Jury of 8) Judge plus attorney

122 `31,,

lij Number of peremptory chsllenges per party per ide

Criminal cases

State Capital Felonies Misdemeanors Civil cases Method of voir dire

OKLAHOMA 9 5 3 3 Judge plus attorney OREGON 6AS; 12AD 3 S;6 D 3 S;6 D 3 Civilattorney; criminaljudge plus attorney PENNSYLVANIA 20h 8 6 4 Judge plus attorney RHODE ISLAND 1/4 of pool 1/4 of pool 1/4 of pool 1/3 of pool Judge plus attorney SOUTH CAROLINA. 5 S; 10 D 5 S;10 D 5 4* Judge

SOUTH DAKOTA 20A 10 3 3 Attorney TENNESSEE 6 S; 15 D 4 S;8 D 3 4 Judge TEXAS 15 10 5 (Jury of 12) 6 (Jury of 12) Attorney 3 (Jury of 6) 3 (Jury of 6) UTAH 10 4 3 3 Judge VERMONT 6 6 6 6 Attorney

VIRGINIA 4 4 3 3*(Juries of Judge plus attorney 5 or 7) WASHINGTON 12 6 3 3 Civil--judge plus attorney; criminalattorney WEST VIRGINIA 2*S; 6*D 2*S; 6*D 2*S; 6*D 4 Attorney WISCONSIN 6A 4 4 3 Judge plus attorney WYOMING 12 8 4 (Jury of 12) 3 Attorney 2 (Jury of 6)

AMERICAN SAMOA (Information notavailable) DISTRICT OF COLUMBLA 20 10 3 3 Judge plus attorney GUAM (Information not available) PUERTO RICO 8AS; 151D 3 S; 6 D (Information not available) Judge plus attorney VIRGIN ISLANDS (Information not available)

Key: S State. D Defense. * Struck-jury method is used. Attorney Attorneys have primary control of the questioning of the juro subject to judicial control only for abuse. Judge Judge has unfettered control of the questioning of jurors.Attorneys may submit questions to the judge, which the judge may or may not ask the jurors, end the Judge can, in his or her discretion, allow the attorneys to ask questions directly of the jurors after concluding questioning. Judge plus attorney Judge will generally begin the questioning with standard questions on bias, but that the attorneys will then have a right to question the jurors directly at the conclusion of the judges's questions. Local practices differ and many judges have their own individual approaches to this problem.

AThis figure also applies to trials involving possible life imprisonment. bTwenty_five peremptory challenges are allowed for capital cases; 15 peremptory challengesare allowed for cases involving life imprisonment. cTwelve peremptory'khallenges are allowed for class A felonies. 9 dEight are allowed for class B felonies; six are allowed for all but class A or class B felonies. ATwelve peremptory challenges are'allowed if punishment is necessarily hard labor; six are allowed for all others. fThese figures apply only to murder trials. &Applies Os all of the more seriou felonies.

Source: NCSP staff review of state statutes; Jon M. Van Dyke, Jury Selection Procedures, (Cambridge, Massachusetts: Ballinger Publishing Company, 1977), Appendix D.

123

1'I"hit Table 35:Trial jury size and vote required forverdict, 1980. Jury size and vote required for verdictfor criminal and civil trials.

Criminal trials

Misdemeanors Civil trials State Felonies

12 (U) 12 (U) ALAEAMA 12 (U) 12; 6 if the amount in 12 (U) 6 (U), ALASKA controversy is lees than$3,000 (5/6)

8 440/4); 6 in courts not 12 in capital cases and if 8 (U);6 in courts not of ARIZONA record (5/6) the potential punishment record (U) is 30 years or more; 8 in all other cases (U)

12 (U); 6 in Justice of the ARKANSAS 12 (U) Peace Court (U)

12( CALIFORNIA 12 (U) 12 (U) 6 in District Courts; COLORADO 12 (U) 12 in the most serious misdemeanors; 3 in County Courts 6 in all others (U) (controversy concerns less than $500) (U)

6 (U) CONNECTICUT 12 in capital cases 6 (U) or if potential punishment is life imprisonment; 6 in all other cases (U)

6a (U) DELAWARE 12 (U) 12 (U) 14 6 (U) FLORIDA 12 in capital cases; 6 (U) 6 in all others (U) 12 (U) GEORGIA 12 (U) 12c(U) 12 (5/6) HAWAII 12 (U) 12 (U) 12; 6 if amount in controver- 12 (U) 6 5/6 IDAHO sy is $500 or less (3/4)

12 (U)a ILLINOIS 12(U) 12 (U)

12; 6 in County Courts (U) 12; 6 if amount in contro- INDIANA 12 (U) versy is $500 or'less (U)

12 (U); 6 in Municipal 12 (U) IOWA 12 (U) Courts which have jurisdiction over crimes punishable by one year or lees or $500 fine or both (U) (U) troversy is $3,000 or less (0)

12; 6a in Magistrate Courts 12 (5/6); 6 if amount in con- KANSAS (U) troversy is $3,000 or less (0)

12; 6 in courts of limited 12 (3/4); 6 in courts of lim- KENTUCKY jurisdiction over crime§ ited jurisdiction that has/e punishable by 1 year or jurisdiction over controver- $500 fine (U) sies of $500 or less (5/6)

12 (3/4) LOUISIANA 12 (U if capital; 5/6 if pun- 6 (5/6) iehment is hard labor): 6 if punishment is possibly hard labor (5/6)

124 1 '13 Criminal trials

1011State Felonies Misdemeanors Civil trials

MAIM 12 (U) 12 (U) 6,7, or 8d (3/4)

MARYLAND 12(U) 12 (U) 12 (U)

MAS8ACHUSETT5 12 in Superior Courts; 12 in Superior Courts; 6 in 12 (5/6) 6 in District Courts (trials District Courts (trials de de novo) (U) novo) (U)

MICHIGAN 12 (U) 12 (U) 6 (5/6); 12 in cases invol ving civil commitment (U)

MINNESOTA 12 (U) 12 for "gross misdemeanors"; 6 (U; 5/6 verdict can be 6 for others (U) accepted only after 6 hours of deliberation)

MISSISSIPPI 12 (U) 6 if punishable in county 12; 6 if amount in contro jail; otherwise 12 (U) versy is less than $200 (3/4)

MISSOURI 12 (U) 12 (U, except for courts not 12 (courts of record: 3/4; of record: 2/3) courts not of record: 2/3)

MONTANA 12 (U) 12; 6 in Justice of the Peace 12; 6 if matter in contro

Courts or Police Courts (U) versy is less than $10,000 (2/3)

NEBRASKA 12 in District Courts; 12 in District Courts; 12 in District Courts; 6 in County Courts (U) 6 in County Courts and 6 in County Courts--less Police Magistrate's than $5,000 in contro Courts--max1mum punishment versy (5/6 verdict can

pf 1 year in jail (U) be accepted, only after 6 hours of deliberation)

NEYADA 12 (U) 12 (U) 8 (3/4)

NEW HAMPSHIRE 12 (U) 12; 6 if no prison term over 12 (U)

1 year can result from conviction (U)

NEW JERSEY 12 (U) 12 (U) 12 and 6 (5/6)

NEW MEXICO 12 (U) 12; 6 in Magistrate's Court 12 (5/6) --maximum punishment of 6 months in jail (U)

NEW YORK 12 (U) 6 (U) 6 (5/6)

NORTH CAROLINA 12 (U) 12; 6 in limited jurisdic 12; 6 in limited jurisdiction tion courts (U) courts (U)

NORTH DAKOTA 12 (U) 12 (U) 12; 6 if amount in contro versy is $200 or less (U)

OHIO 12 (U) 8 (U) 8; 6-1n Municipal and County Courts (3/4)

OKIAHOVIA 12 (U) 12; 6 for violations of 12; 6 if amount in contro pity ordinances (3/4) versy is less than $2,500 (3/4)

OREGON 12; 6 in District and County 12; 6 in District and County 12; 6 in District and County Courtr--saximum punishment Courts--max1mum punishment Courts (3/4) of 1 year or less (1st of 1 year or less (5/6) degree murdr: U, all others: 5/6)

PENNSYLVANIA 12 (U) 12 (U) 12 (5/6)

125 Table 35:Trial jury size and vote requiredfOr verdict, 1980 (continued)

Criminal trials

Civil trials State Felonies Misdemeanors

12 (U) 183DI ISLAND 12 (U) 12; 6 in County Courts that SOUTN CAROLINA 12; 6 in Magistrate's Court and County Courts for ' have jurisdiction over crimes with a potential controversies involving punishment of less than $1,000 or lees, and 30 days in jail or Magistrate's Courts $100 fine (U) that have Jurisdiction in controversies invol ving $500 or less (U)

SOUTH DAKOTA 12 (U) 12; 6 in matters before 12 (5/6); 6 in matters a magistrate (U) before a magistrate

=mut 12 (U) 6 (U) 12 (3/4); 6 (U)

TZIAS 12 (U) 12 in District Courts (U) 12 in District Courts (3/4); 6 in County Courts (U) 6 in courts of limited jurisdiction (5/6)

UTAR 12 in capital cases; 8; 4 in cirts of limited f; 4 in courts of limited 8 in all others (U) jurisdiction (U) Jurisdiction (3/4)

VIRIONT 12 (U) 12; 6 in Justice Courts (U) 12; 6 in Justice Courts (U)

VINGINIA 12 (U) 7 (U) 12 in "spicier cases; 7 in most others; 5 if amount in controversy is less than $5,000 (U)

VASNINGTON 12 (U) 12; 6 in Justice of the Peace 6a; 6 in Justice of the Courts maximum punishment Peace Courts--$3,000 or of 6 months in jail (U) less (5/6)

VEST VIRGINIA 12(U) 12 (U) 12; 6 in Justi of the Peace Courts (U)

WISCONSIN 12 (U) 6a(U) ha (5/6)

WYOMING 12 (U) 12 in District Courts; 6' in Oistrict Courts; 6 in County Courts (U) 6 in'ebunty Courts (U)

AMBRICAR SAMOA (Informstion not available) \

DISTRICT Of COLUMBIA 12 (U) 12 (U) (U)

GUAM (Information not available)

PUERTO RICO 12 (3/4) (Information not available)

V INGIN ISLANDS (Information not available)

jury verdict. In many states, Note: The information in parentheses refers to the percentaee agreement required for a the number of jurors listed here can be reduced by agreement of all the parties involved inthe litigation.

Key:

U Unanimous verdict Jury of 12 must WI requested; otherwise a jury of 6 will be used. 10If jury of less then 12 is agreed to by the parties, the verdict must be reached unanimously. eThe jury miss for misdemeanor trials in Georgia varies from county to county and may be as mall as 5 in some locations. 4A jury of 8 in civil cases in Maine must be requested before the day of the trial.

Source: State Court Adminisrators; NCSP staff review of state statutes; Jon M. Van Dyke,Jury Selection Procedures, (Cambridge, Mkssachusetts: Ballinger Publishing Company, 1977), Appendix R.

126 Table 36:Compensation of trial jurors, 1980. Per diem and travel reimbursement.

Travel Travel State Per diem (dollars) reimbursement State Per diem (dolrirs) reimbursement

ALARAMA $10 socul NEBRASKA $20 10g/mile

ALASKA $20 None NEVADA $ 9 ($15) 19g/mile

ARIZONA $12 10g/mile NEW HAMPSHIRE ....$30 17g/elle

ARKANSAS $ 5 ($20) 5g/mile NEW JERSEY $ 5 2g/elle $ 6 Justice Courts 5g/elle HIV MEXICO $ 2.30/hour Hone CALIFORNIA ($ 5) 15g/elle ($ 6) (San Francisco .15g/mile NEW YORK $12; $8 in Suffolk County civil trials) expenses allowed-$1/day8g/mile

COLORADO $ 3 ($6) 15g/elle NORTH CAROLINA ...$ 8 Hone

CONNECTICUT $20 10g/elle NORTH DAKOTA $25; $10 in Justice of 15g/mile the Peace Courts DELAWARE $15 15g/mile OHIO $10; $15 in 3rd week Hone FLORIDA $10 10g/mile OKLAHOMA $12.50 5g/mile GEORGIA $10- -state average; per None diem varies from OREGON , $10 Sg/mile from $5 to $25

HAWAII $20 20g/elle PENNSYLVANIA $ 9; $25 after 3rd &Ay 11g/mile

IDAHO $ 5/half day 10g/elle RHODE ISLAND $15 8g/mile

ILLINOIS $10 (large counties) 18g/elle SOUTH CAROLINA ...$10 Hone $ 5 (small counties) SOUTH DAKOTA $10 ($20) 15$/mIle INDIAAA $ 7.50 ($11.50) 17g/mIle ($20.00 in Lake County) 17g/elle TENNESSEE $10 Hone

IOWA $10 15g/mile TEXAS $ 6 - -varies up to $30 Mone

KANSAS $10 None UTAH $14; $6 for City Courts 10g/mile

KENTUCKY $ 5; expenses allowed up None VERMONT $30 8g/mile to $1.50/day VIRGINIA $15 15g/elle LOUISIANA $12 ($8); ($16 in 6g/mile New Orleans) WASHINGTON $10 13g/mile

MAINE $20 10g/mile WEST VIRGINIA ....$15 Hone

MAITLAND $10; expenses allowed up 15g/mile WISCONSIN $ 8.50/half day; full day10g/elle to $15/day varies from $7 to $25

MASSACHUSETTS ... $14-$18; xpenses allowed 8g/mile WYOMING $ 6/half day 15g/elle; up to $2.50/day 18g/elle Cambridge - -$40 after Sg/mile for 4 3rd day wheel drive vehicles

MICHIGAN $ 7.50/half day 10g/elle AMERICAN SAMOA ...(Information not available)

MIIIIRSOTA $15 13g/mile DISTRICT OF COLUMBIA $30 None MISSISSIPPI $15 Mons GUAM (Information not available) MISSOURI $ 6 10g/mile PUERTO RICO (Informstion not available) MONTANA $12; $7.50 in Justice 10g/mile; of the Peace Courts 17g/elle VIRGIN ISLANDS ...$15/half day Hone over 10

( ) Dollar amount paid to jurors when serving.

Sources: State Court Administrators;.MCSP staff review of state statutes; Virgin Island Code /151, Title 4; Center for Jury Studies, Newsletter f2-2, March 19$0.

1(14 vi

Part II: State Court Organization Profiles SUM COURT ORGAXIZATION PROFILES "lox The following section gives a narrative profile Sections 1-4 follow a standard format. of the court system for ech of the 50 states, Asericam Smoa, the District of Columbia, Guam, (Opurt Level) Puerto Rico, and the Virgin Islands.Profiles re arrarsied in alphabetical order; all sttes listed .1.1 (COURT NAME). (First court listed under first, followed by the territories.A court organ- this court level)(Information on terms of the ization chart (Figure 1) nd a tate-level adminis- court.) trtive office organization chart (Figure 2) are . 2.1 Organization.(Information on the or- included in each profile. ganization of the court.Included here may be the geographic locations of court sittings, An outline is provided at the beginning of this descriptions of the judicial staffing of the section displaying the format used and the kinds court, and special operating procedures.If of information collected to produc each profile. the court is divided into separate divisions Much of the information used in each profile was by constitution or statute, the names of the tken from the Implementation of Standrds of Ju- divisions are given here.) dicial Administration (ISJA) project profiles. The . 3.1 Juriediction RCS? profiles were sent to the respective state a. (Original jurisdiction of the court is court administrative offices for review of accuracy listed, generally criminal, civil, juvenile, and completeness of data, along with state- and traffic.If the jurisdiction of the court specific, "tailored" questionnaires.Each state is broken up among several constitutionally or court administrator was provided a checklist for statutorily specified divisions, the jurisdic- reviewing the profiles.A prototype of the check- tion of each division is listed in a separate list is included in Appendix B. paragraph.) b. (Appellate jurisdiction of the court As responses were recived, staff found it nec- is listd.If the particular court has no ap- essary to cross-check some of the data provided by pellate jurisdiction, that is noted.) the administrative offices through statutory .4.1 Justices/Judges (number of judicial of- checks, letters, or telephone calls. ficers and their special titles) a. (This section contains information con- Once the profiles were in final form, verifica- cerning the method of selection for the position tablas were mailed to the administrative of- tion of chief judge presiding over all court fics emphasizing the need for exact names of locations or over each individual location.) courts, number of authorized judges, judge terms b. (Legal qualifications ere given for the of offic, jurisdiction of each court, qualifica- judicial officers for the court.) tion of judges, and scope of authority of quasi- c. (The method of initial selectionthe judici1 officers. length of arms, and selection for subsequent terms of judicial officers serving the court The state narrative profiles, along with the is given.Also included is information con- summary tables in Section 1, give a complete pic- cerning the filling of interim vacancies.) ture of the administrative and structural organiza- .5.1 Administration' tion of each state's court system. a. (The duties of the chief/presiding justice/judge are described.If this position Outline of the State Narrative Profiles does not exist in a particular court, this is noted.) Information contained in the narrative profile b. (The title and job description of the is organized into seven sections: adminiitrative officer of the court is given. If this position does not exist in a particular 1. Court(s) of Last Resort court, this is noted.) 2. Intermediate Appellate Court(s) c. (The title, duties, nd method of sel- 3. Court(s) of General Jurisdiction ection of the clerk of the court are listed.) 4. Court(s) of Limited or Special .6.1 Itu le-making.(This section describes Jurisdiction the rule-making authority of the court as a 5. State-Level Administration whole and of its chief judge.Courts over 6. Quasi-Judicial Officers which this court has rule-making authority are 7. Judicial Dicipline listed.If another court has rule-making auth-

131

1 1 s ority over this court, it isilisted, alorg with a. (The requirements and method of selec- a refmence to the mction describing the rule- tion for the position are given.) making uthority of that other court.) b. (The authority of the officer, including types of cases and actions performed, is The next court at the same level is numbered given.) .1.2, .2.2, .3.2, et\c.If there is any court level which is not represented in a particular Judicial Dicipline state (for xample, an Intermediate Appellate Court in Virginia or Courts of Limited or Speci1 Jurist- 7.1 (Name of judicial disciplinarybody).(The diction in states with unified trial courts), a makeup and method of selection of the judicial notation of the fact is made under the heading In disciplinary body I. described.) , a section labeled .0. 7.2 Authorityandprocedure for unction.(The steps in investigating nd resolving complaints The outline for the reminder cif the profile against justices or judges are described.) is as follows: \ If there is more than one subsection under State-Level AdminLetration a general heading In sections six and seven, these subsections are numbered sequentially, e.g., 6.1.1, 5.1 General administrative authority. (The 6.2.1, 6.1.2,6.2.2, etc. body/officials within the state who, by constitution or sttute, possess administrative Referencesfor the information contined authority over the court system are named and in each subsection appear within brackets at the their responsibilities are listed.) end of each subsection.The titles for document 5.2 (Title of the office of state court dmin- references are given infull only once.All sub- istration) sequent references to that sourceare abreviated. . (Constitution or statute citation for the authorization of the office.) Two figures are included vith each narra- b. (Title of the Mate court administrative profile as illustrations of the structure de- tiveofficer) scribed insections of the profile.Figure 1 give. (1) (Authorization for the position the organizational structure of the court system. of the btate court administrative officer i Information is given about levels of court, num- given.) bers of courts and judges, nd jurisdiction of (2) (The method of mlection for the court.Court with constitutionally or Mat,utor- achaknistratiave officer i given.) tally created divisions are represented by subdiv- (3) (The responsibilities of the ad- ided boxes.Routes of ppeal between the court inistrative offlcm are listed.) i used to link the courts into n organizational c. Office organization.(A brief descrip- structure for each state tion of the state court administrative office is given, including the breakdown of the number The structure and functions of eachstate of profesional/clerical personnel, the titles court administrative office are displayed in Figure of assistants/deputies who aid the administra- 2.The figure may either identify where each em- tive officer and their method of selection, and ployee fits into the organization (usedprimarily a listing of the general functional areas infor states with comparatively small staffs) or it cluded in the scope of the office.) may outline functional areas, noting tbe responsibilities of each section ordivision(used primar- Quasi-Judicial Officer ily for those stMes with large staffs).Figures 1 and 2 are located In each profile close to the 6.1 (NAMEOF COURT) corresponding sections in the narrative 6.2 (Title of quai-iudicial officer)

I 132 -I 443 Figure 1:State court system, 1980

Alk_

COURTor ustFISOAT Nambber ad justices Jurisdiction: Court of - Or iginal legit - [saw, ive resort - knit of appeals - Discretiemary revise

/NTSFINIDIAll AFFILLATI.COURT (Number of courts) Number ad judges Jurisdiction: Intermediate - appellate - Inclusive 110Ur

I(N.) COURT OFGENERAL JURISDICTION of courts) Number of judges Jur iodic t ien - Civil Court of - cr1inal 1 general - Tref( ic jurisdict ion - Juvenile Appeals heard Jury trial/no jury trial

COURT LIAITED/SPECIAL JURISDICTION (Number of courts) Number judges Jur isdict n: Court of - Civil . limited - Crimina jurlildIttiOn - Traffic - Juvenll Jury trie /no jury trial 1

tIndicates rout of appeal.

133 150 Figure 1:Alabama court system, 1980

UPRISE COURT 6 justices Jurisdiction: - civil appeals over $10,000. Court of - Appeals as of right of criminal cases last where death penalty has been imposed. resort - Other civil and criminal appeals by writ ef certiorari.

f t COURT OF CIVIL ORALS COURT OF CRIMINAL ANNEALS 5 judges 3 iedille I Jurisdietiont Title to or Jurisdiction: - Civil appeals under $10,000, end po eeeee ion of - Appellate jurisdiction in criminal Intermediate domestic relatiens. land; law over MOttOra. appellate - Appeals from administrative agencies$10,000; equity. courts (except Public Services Commission). - Workmen's compensation appeals.

L.,i 41.11 Civil cases Criminal under $10,000. \ cases.

I 1 I IIIMMI, CIRCUIT COURT (3P) , I II) Judaea I Direct ppeal if: CIRCUIT COURT (36) FAMILY ODURT DIVISION (7) Direct appeal if: 1) Pure question of Jurisdiction: .. JurisdiFtion: I) Pure queation of lew, certified by - Civil actions over $500; exclusive - Domestic relations. law, certified by District Court; or over $5,000. Domestic reDetions - Juvenile (concurrent with District District Court; or 2) Proper court rrrrr d (if no Family Court Divisiogi. Court.) 2) Proper court record Court of , sad risht te jury - Felonies, and misdemeanors and and right to jury general trial waived by rdinance violations revolting trial waived by jurisdiction bath parties. from felony cases. both parties. - Juvenile concurrent with District Court (if no Family Court Divi- sion).

Appeals (de novo from District and )bunicipel Courts). Jury trials. aMIM.

111" PRORATI COURT (67) MUNICIPAL COURT 01215) 67 judges X215 judges Jurisdiction: Jurisdiction: ' - Original jurisdiction over all pro- - Exclusive jurisdiction in city bate of wills, settlement of ordinance violations. accounts of executors and adminis- No jury trials. trators, guardianship, partition of land, and name changes. F. jury trials. Courts of limited jurisdiction

DISTRICT COURT (811) 88 judges Jurisdiction: - Civil actions under $5,000, small claims under $500. - Preliminary hearings, non-capital felony guilty pleas, and Riede - menors. - Juvenile matters. No jury trials. .11

fIndicates rout, of appeal.

151

134 ALABAMA

Court of Last Resort rules governing practice and procedure in all courts. These rules may be changed by a general 1.1 SUPREME COURT. The court sits in Montgomery. act of statewide application. Statutes specify, Regular terms of court commence on the first Monday however, that any provision under Title 12 of the of October of each year and continue until June 30 Code of Alabama will apply only if the procedure of the following year. is not governed by any rule of practice and proce- (Code of Alabama, 1975, (hereinafter Code) dure adopted by the Alabama Supreme Court. The Title.12, Section 2-81. Supreme Court is authorized and empowereein con- 1.2 prganization. Internal rules of court may pro- nection with its rule-making power to appoint var- vide'for panels. ious advisory or standing committees composed of (Rule 16(d), Alabama Rules of Appellate Proce- justices, judges, lawyers, law professors, and dure (hereinafter A.R.A.P)] others. 1.3 Jurisdiction (Const., Amend. No. 328, S6.11, Code SS12-1-1, a. The Supreme Court has original jurisdiction 12-2-7, 12-2-161 to issue necessary writs and to answer questions of state law as certified by a federal court. Intermediate Appellate Courts b. The Supreme Court has authority to exercise statewide appellate jurisdiction.The court has 2.1.1 COURT OF CRIMINAL APPEALS. The Court of exclusive appellate jurisdiction in ciVil cases ' Criminal Appeals sits in Montgomery for a term where the amount involved exceeds $10,000. commencing on the first Monday in October of each (Constitution, Amendment Number 328, Section year and continuing until June 30 of the following 6.02; Code 1112-2-7, 12-3-10) year. 1.4 Justices (9). The Chief Justice is elected by (Code SS12-3-5, 12-3-121 the voters of the state at general) elections. He 2.2.1 Organization. The full court considers and serves 6-Year term. decides cases. a. Supreme Court justices must be licensed to (Administrative Director of Courts) practice law in the state. They must not have 2.3.1 jurisdiction reached the age of 70. a. The Court of Criminal AppeLls may issue b. Supreme Court justices are elected to 6-year necessary writs. terms in partisan primaries and general elections. b. The Court of Criminal Appeals has exclusive Vacancies are filled by gubernatorial appointment. appellate jurisdiction over all felonies, all mis- The appointees are eligible to stand for election. demeanors (including ordinance violations), and (Const., Amend. No. 328, S16.07, 6.14, 6.15, habeas corpus. 6.16; Code 112-2-1; Administrative Director of (Const., Amend. No. 328, 16.03, Code S112-3-9, Courts) 12-3-111 1.5 Administration 2.4.1 Judges (5) a. The Chief Justice is the administrative head a. The presiding judge of the Court of Criminal of the judicial system. He exercises administra- Appeals is elected by the members of that court, tion and supervision over the entire court system and serves at their pleasure. through the Administrative Director of the Courts, b. Court of Criminal Appeals judges must be presiding judges, and trial court administrators. licensed to practice law in the state. They must Reference Section 5.1 (General Administrative not have reached the age of 70. Authority). The Chief Justice has no specifically C. Court of Criminal Appeals judges are elected articulated duties with regard to the administra- to 6-year terms by the voters of the state at tion of the Supreme Court. large. Vacancies are filled by gubernatorial ap- b. Reference Section 5.2.b (state-level admin- pointment. istrator). (Conat., Amend. No. 328, S16.07, 6.13, 6.14, c. The clerk of the Supreme Court is appointed 6.16; Code S112-3-2, 12-3-4) by the justices. The clerk is responsible for ad- 2.5.1 Administration ministering oaths, taking affidavits, issuing and a. The presiding judge is responsible for gen- signing all writs and processes, keeping the eral supervision of the court. papers, docket, and records of the court, entering b. There is no provision for an administrator judgments and proceedings of court, and handling for the Court of Criminal Appeals. Referende Sec- the finances of the court. tion 5.2.b (state-level administrator). (Const., Amend. No. 328, 16.10; Code 1112-2-90, c. The judges of the Court of Criminal Appeals 12-2-97) are authorized to appoint and employ a clerk. In 1.6 Rule-making. The constitution provides that practice, the clerk has supervisory control over the Supreme Court will make and promulgate rules employees; docket work;.issuance of writs, opin- governing [h administration of all courts and ions, and final judgments; and setting oral argu-

135 felony charge all nance violations included within a giants. He is also responsible for signing same,incident as a felony purchase requisitions, vouchers, and memos as re- or that arise from the The court has exclusive original juris- H. has authority to check petitions for charge. quired. diction in civil actions in whic,,h the matter in mandamus and to return those that are notworthy controversy exceeds $5,000 and concurrentjurisdic- of consideration. tion with the District Courtv1enthe matter ex- [Code SS12-3-20, 12-3-23; AdministrativeDirec- ceeds $500. Presiding judges of a circuit may ap- tor of Courts) point a circuit or district judge tohandle juve- 2.6.1 Rule-exiting. Reference Section 1.6. nile jurisdiction and domesticrelations matters. More than one judge may be appointed. The Family 2.1.2 COURT OF CIVIL APPEALS. The Court of Civil Court has jurisdiction in juvenile anddomestic Appeals sits in Montgomery for a termcommencing relations matters. on the first Monday in Octoberof each year and b. The Circuit Court has appellatejurisdiction continuing until June 30 of thefollowing year. over criminal, civil, and juvenile casesappealed (Code SS12-3-5, 12-3-12) from the District Court except in cases inwhich 2.2.2 Organization. The Court of Civil Appeals the appeal is directly to a courtof appeals. does not sit in panels or divisions. (This occurs when there is an adequate recordof [See Code S12-3-3) facts and all parties have waived right to ajury 2.3.2 Jurisdiction trial or when the parties agree that onlyquestions a. The Court of Civil Appeals mayissue neces- of law are involved and the DistrictCourt judge sary writs. The court also ham ju- exclusive certifies the questions.) b. The Court of Civil Appeals has appealed appellate jurisdiction over all civil caseswhere risdiction over ordinance violation cases from the Municipal Court and casesappealed from the amount involved does not exceed$10,000, all the Probate Court. Appeals to the Circuit Court appeals from administrative agenciesother than the Public Service Commission, all appeals inworkmen's are tried de novo. [Code SS12-/1-30, 12-12-72; Administrative compensation cases, all appeals indomestic rela- Director of Courts) tions cases, and all extraordinary writsarising from appeals in said cases. 3.4 Judges (113) a. There is no provisionfor a chief judge over (Const., Amend. No. 328, S6.07; CodeSf12-3-1, all the circuits of the CircuitCourt. The pre- 12-3-10) siding judge of each circuit is electedby a ma- 2.4.2 Judges (3) jority vote of the judges in thecircuit. a. The presiding judgeof tha Court of Civil b. Circuit Court judges must belicensed to Appeals is the judge who ham served thelongest. practice law in the state. They must not have b. Court of Civil Appeals judges mustbe li- reached the age of 70. censed to practice law in the state. They must not c. Circuit Court judges areelected to 6-year have reached the age of 70. terms by the voters of the circuit. c. Court of Civil Appealsjudges are elected [Const., Amend. No. 328, SS6.07,6.13, 6.15, to 6-year terse by the votersof the state at 6.16; Code S12-17-23) large. Vacancies are filled by gubernatorial ap- 3.5 Administration pointment. a. Whereas there is no chiefjudge over all the [Const. Amend. No. 328,-SS6.07,6.13, 6.14, circuits of the Circuit Court, thepresiding judge 6.16; Code SS12-3-3, 12-3-4) of each circuit exercises generalsupervision over 2.5.2 Administration judges, clerks, registers, court reporters,bai- a. The presiding judge isresponsible for gen- liffs, sheriffs, and other courtemployees of the eral supervision of the court. Circuit and District Courts within thecircuit, b. There is no provision for anadministrator except employees of the clerk. He has general for the Court of Civil Appeals. Reference Section supervision over the administrative operationof 5.2.b (state-level administrator). circuit, subject to of Civil Appeals are the District Courts within the c. The judges of the Court administrative There rules of the Supreme Court and the authorized to appoint and employ a clerk. The presiding assigning administra- authority of the Chief Justice. are no formal provisions for judges of Circuit and District Courts, ortheir tive duties to the clerk. The clerk has the same designees over whom they have supervisoryauthor- responsibilities as the clerk of the Courtof Crim- ity, deteraine the calendaring ofcivil cases inal Appeals. Reference Section 2.5.1.c. within their respective courts. (Code S§12-3-20; 12-3-23) for an Reference Section 1.6. b. There are no statutory provisions 2.6.2 Rule-making. administrator over all the circuits ofthe Circuit Court or for administrators forthe individual Court of General Jurisdiction circuits. Local court administrators serve pursuant to local legislation. Reference Section 3.1 CIRCUIT COURT. The court sits in continuous 5.2.b (state-level administrator). session. c. Clerks of the CircuitCourt are elected te (Code S12-11-4). 6-year terms by the voters of the counties. In 3.2 Organization. A Circuit Court sits in every duties, the The state is divided into 39 addition to clerical and recordkeeping county of the state. administrative from 1 to 5 clerks are responsible for such judicial circuits, each composed of preparation, Seven Family Courts have been created duties as jury management and budget counties. under the direction of the presiding circuit by legislation of local applicationin the legisla- Circuit Court. judges. ture and sit as a division of the (Const., Amend. No. 328, 0.20; CodeSS12-12- (Code SS2-11-1, 12-11=2; AdministrativeDirec- 10, 12-17-24, 12-17-93, 12-17-94;Alabama Rules tor of Courts) of Judicial Administration (hereinafter 3.3 Jurisdiction A.R.J.A.), Rules 4, 15) a. The Circuit Court hasjurisdiction in all felony prosecutions, and in misdemeanors orordi-

136 4 3.6 Rule-making. The trial courts are governed by legislatun. Reference Section 5.2.b (state-level rules adopted by the Supreme Court. Pursuant to administrator). Rule 83, Alabama Rules of Civil Procedure (herein- c. Except as otherwise provided, the clerk of after A.R.C.P.), the courts may approve local the Circuit Court is the ex officio clerk of the rules not inconsistent with A.R.C.P. In addition, District Court within the circuit and has adminis- trial courts exercise limited rule-making autho- trative responsibility for and supervision of the rity in such areas as determination of days the records and clerical services of the court. clerk's office is open. See Rule 77(c), A.R.C.P.; Note: Authority and responsibility for the A.R.J.A., Rule 5. operation of a separate clerk's office for the District Court may be authorized by the Supreme Courts of Limited or Special Jurisdiction Court upon the written request of the clerk of the Circuit Court or the judges of the District Court. 4.1.1 DISTRICT COURT. In practice, each court sits Whenever a separate district clerk's office is in continuous session at the pleasure of the authorized, the circuit clerk is not ex officio elected judge of the court. clerk of the District Court and has no administra- 1Administrative Director of Courts] tive responsibilities for and supervision over the 4.2.1 Organization. Generally, each county consti- operation of the office. Instead, this responsi- tutes a district. Sessions of the District Court bility is vested in the clerk of the District are held in each county seat, each municipality Court, who performs all duties and responsibilities with a population of 1,000 or more where no Munici- that would have been performed by the circuit pal Court exists (restricted to municipal cases), clerk. The clerk of a District Court is appointed and at other locations within counties in which by the Administrative Director of Courts, with the geographical venue lies in more than one place. advice and content of the presiding judge of the There is a small claims docket in each District Circuit Court and a majority of the district Court. In districts having more than one district judges. The clerk may be removed for cause by the judge, the presiding circuit judge may designate a Administrative Director and is not subject to the district judge to handle domestic relations matters state merit system except for pay purposes. or juvenile matters. More than one judge may be (Code SS12-17-160, 12-17-161; Administrative appointed. Director of Courts] (Code SS12-12-31, 12-15-3, 12-17-61, 12-17-70; 4.6.1 Rule-making. Reference Sections 1.6 and 3.6 Administrative Director of Courts] 4.3.1 Jurisdiction 4.1.2 PROBATE COURT. The Probate Court sits in a. The District Court has jurisdiction over continuous session. misdemeanors except ordinance violations in munici- (Code S12-13-31 palities having Municipal Courts, any prosecution 4.2.2 Orsanization. There is a Probate Court in involving a felony offense, or any misdemeanor for each county. There are no specialized divisions which an indictment has been returned 14 a grand of the court. jury. The District Court may hold preliminary (Const., Amend. No. 328, 16.06) hearings, and may receive guilty pleas in felonies 4.3.2 Jurisdiction. not punishable by sentence of death. The District a. The Probate Court has original and general Court has jurisdiction over civil actions involving jurisdiction over all probate matters, including $5,000 or less and civil actions based on unlawful the probate of wills, the settlement of accounts detainer. Certain civil matters are excepted as of executors and administrators, the appointment provided by law. The court has exclusive jurisdic- and removal of guardians, the partition of lands, tion over small claims involving 000 or less. name changes, etc. Juvenile jurisdiction may be exercised by the Dis- b. The Probate Court has no appellate jurisdic- trict Court. tion. b. The District Court has no appellate juris- (Code SS12-13-11 diction. 4.4.2 Judges (67) (Code S512-12-30, 12-12-31, 12-12-32, 12-12-341 a. The Probate Court does not have presiding 4.4.1 Judges (88) judges. a. The presiding judge of each circuit, with b. Probate Court judges must be citizens of the the advice and consent of a majority of circuit state and must have been residents of their coun- judges in the circuit, appoints a presiding dis- ties for at leastI year. trict judge. c. Probate Court judges are elected to 6-year b. District Court judges must be licensed to terms by the voters of their counties. practice law-in the state and must have been resi- (Const., Amend. No. 328, SS6.13, 6.15, 'Code dents of their districts for 1 year preceding their SS12-13-30, 12-13-311 election. 4.5.2 Administration c. District Court judges are elected to 6-year a. There are no provisions for presiding judges terms by the voters of their districts. for the Probate Court. (Const., Amend.11No. 328, SS6.07, 6.13, 6.15; b. There are no provisions for administrators A.R.J.A., Rule 61 for the Probate Court. Reference Section 5.2.b

4.5.1 Administration 1 (state-level administrator). a. Under the general supervision of the circuit c. A Probate Court judge has authority to ap- presiding judges, the district presiding judges point at his own expense a chief clerk and such perform administrative duties as assigned. In other clerks as he deems necessary. In practice, practice, these duties usually include setting the thelq,erk designates District Court magistrates District Court calendar and supervising District within his office and attends sessions o court as Court staff personnel. required. He is responsible for indexin files, b. There are no statutory provisions for admin- issuing all processes and notices as req ired, istrators for the districts of the District Court. keeping records of court as required.by aw, safe- Local court administrators serve pursuant to local ly keeping or disposing of all papers fi ed before

137 1: I th court, managing jurors, preparing annual bud- stitution provides that the Chief Justice must gets for his office, designating approved state appoint an Administrative Director of Courts and depositaries, remitting fines and forfeitures, other needed personnel to assist him with his preparing appeals transcripts, and acting as local administrative tasks. Appellate justices and purchasing agent. There are no formal provisions judges may be assignel,to any appellate court for temporary service, and trial judges, supernumerary for ssigning administrative duties to the clerk. 1Code 112-13-40; Administrative Director of justices and judges, and retired judges may be A rCourts] assigned to any court for temporary service. 4.6.2 Rule-making. Reference Sections 1.6 and 3.6. (Const., Amend. No. 328, 116.02, 6.10; Code f12-2-301 4.1.3 MUNICIPAL COURT. In practice, each court 5.2_Administrative Office of Courts sits in continuous session at the pleasure of the a. The Administrative Office of Courtsis appointed judge of the court. created by law. [Administrative Director of Courts] b. Administrative Director of Courts 4.2.3 Oraanization. A Municipal Court is estab- (1) The position of Administrative Director lished in each municipality in the state except is authorized by the constitution. those that choose not to have such courts by ordi- (2) There are no statutory qualifications In nance. There are no specialized divisions of the for the Administrative Director of Courts. practice, he is expected to have a college degree court. (Const., Amend. No. 328, 16.065; Code 112-14-1) and extensive management experience and/or a degree The Admin- 4.3.3-Jurisdiction in public administration or management. a. The Municipal Court has jurisdictionin all istrative Director is appointed by the Chief Jus- prosecutions for violations of municipal ordinan- tice. (3) The Administrative Director assists the ces. It also has jurisdiction concurrent with the District Court in all violations of state law that Chief Justice in connection with his duties as ad- He sup- are committed within the policejurisdiction of the ministrative head of the judicial system. municipality and that may be prosecuted as breaches ports the Chief Justice in seeing that thebusiness of the courts is attended with proper dispatch, of municipal ordinances. 4 b. The Municipal Court has no appellate juris- that the dockets are not permitted to become co gested, and that trials and appeals are not de- diction. IConst., Amend. No. 328, 16.065; Code 412-14-1) layed unreasonably. He is also authorized to direct the expenditure of funds to accounts for the 4.4.3 Judges (approximately 215). $ a. The number of municipaljudges is locally judicial education of justices, judges, or court In addition, he is respon- determined. If a municipality has more than one supportive personnel. judge, the mayor designates a presiding judge. sible for the coordination of functions and duties b. Mnnicipal Court judges must be licensed to of administrative personnel of the trial courts or practice law in the state and must be qualified of the local court personnel systems and for the transfer and direction of expenditure of monies voters of the state. c. The governing body of themunicipality ap- appropriated to certain state agencies and courts. points Municipal judges by majority vote of its The Administrative Director serves as ex officio head of the Department of Court Management (refer- members. Full-time judges serve 4-year terms; part-time judges serve 2-year terms. ence Section 5.2.c below). [Const., Amend. No. 328, 16.065; Code 112-14- c. Office organization.All officials, officers, and employees of the Administrative Office 30) 4.5.3 Administration of Courts are appointed and employed by the Chief a. A presiding judge of a Municipal Court has Justice. The office consists of 81 people: 40 such additional duties and powers as provided by professionals (including the Administrative Di- With- ordinance. rector of Courts) and 41 clerical personnel. b. There are no provisions for administrators in the administrative office is a department known This de- of the Municipal Court. Reference Section 5.2.b as the Department of Court Management. (state-level administrator). partment is specifically charged with the duty of c. The municipality must provide necessary assisting the Chief Justice in connection with his support personnel for the Municipal Court and may duties as chief administrative officer of all the Unless the Chief Jus- provide for clerks. There are no statutory provi- trial courts in the state. ions for assigning administrative duties to the tice otherwise directs, the department is respon- clerks. They have responsibilities as determined sible for trial court administration. by their respective courts. The administrative office performs the fol- (Code 1112-14-2, 12-14-30) lowing duties: 4.6.3 Rule-makinik. Reference Sections 1.6 and 3.6. (1) It works with the clerks and registers of all trial courts in the state to collect, ob- State-Level Administration tain, compile, and digest information and statistics concerning the administration of justice in 5.1 General administrative authority. The consti- the state. tution provides that the Supreme Court has general (2) It serves as an agency to apply for and supervision and control over the tate courts. It receive grants or other assistance and to coordi- further provides that the Chief Justice is the ad- nate and conduct studies and projects in connec- inistrative head of the judicial Aystem. The' tion with the improvement of the administration of Chief Justice must see th t siness of the justice and,trial courts in Alabama. courts is attended with atch and that (3) It assists the Judicial Conference (ref- cases are not permitted congested tor erence Table 29: Judicial councils and confer- delayed, and he must see soners do not ences). remain in jail without a ial. The con- Figure 2:Alabama state-level administrative office of the courts, 1980 .000

Administrative Permanent Director mio =1 Study f Courts Commission

Director Alabama Administrative Judicial Assistant

Legal Budget Counsel Officer

Director Director Director Director Adninistrativp Trial Gansu leseerch, Operations rimming, end Operations Services Development

Assistant Director

Operations

Purchasing 'Expense Personnel Infornstion Came Jury Court Office Municipal Field Division Accountlog Division Systeme Menagettest & nagement Minagement Court. Operations Division Division Divisive Divisios Division Division Division V (4) It promotes, carries on, and assists the Director of Courts, upon recommendation of the continui gal and judicial education of jus- clerks; and all persons appointed by the adminis- tic udges, clerks, registers and other court trative director, upon recommendation by municipal rsonnel and works with any organization or asso- udges. - ciation of such officials. b. The powers of magistrates are limited to: (5) It performs other duties as may be as- (a) issuance of arrest warrents (and in the Dis- signed by the Chief Justice. trict Court only, setting of bail under the direc- (Const. Amend. No. 328, S6.10; Code iS12-2-30, tion of the court and, where the magistrate is li- 12-5-1, 12-5-2, 12-5-3, 12-5-6, 12-5-8, 12-5-9, censed to practice law in Alabama, issuance of 12-5-11, 12-5-13, 12-5-39; Assistant Director, search warrants); (b) grant,ing of bail under the Administrative Office; Administrative Director direction of the court in minor misdemeanor prose- of Courts] cutions; and (c) receiving of guilty pleas in minor misdemeanors where a schedule of fines has been Quasi-Judicial Officers prescribed by rules. [Code S12-14-50 to 112-14-52; S12-17-250 to 6.1.1 CIRCUIT AND DISTRICT COURTS i12-17-253; A.R.J.A., Rule 18] 6.2.1 Referee a. District Cour, judges may appoint, with the Judicial Discipline approval of the Administrative Director of Courts, referees to serve on a full-time or part-time basis 7.1.1 Judicial Inquiry Commission. The commission in connection with juvenile cases. Referees must consists of seven members: one appellate justice be licensed to practice law in Alabama, with the or judge appointed by the Supreme Court, two cir- exception of those who had been dearving as referees cuit judges appointed by the Circuit Judges' As- for 10 or more years on January 16, 1977. sociation, two nonlawyers appointed by the Gover- b. Juvenile hearings may be conducted by a ref- nor, and two members of the bar appointed by the eree if the judge so directs. Upon conclusion of governing body of the Alabama State Bar. a hearing, the referee must transmit his findings [Const., Amend. No. 328, 16.17] and recommendations for disposition to the judge. 7.2.1 Authority and procedure_f_op.413-Ction. The Written notice is also given to the parties, who Supreme Court adopts rules governing the procedures have the right to a rehearing before the judge. of the commission. The commission is convened per- If a hearing before the judge is not requested or manently with authority to conduct investigations ordered, the findings and recommendations of the and receive or initiate complaints concerning any referee, if confirmed by an order of the judge or judge in the state. The commission files a comas modified by the judge, become the decree of the .plaint'with the Court of the Judiciary (reference court. Section 7.1.2 below) if a majority of the members [Code S112-15-6, 12-17-330] decide that a reasonable basis exists (1) to charge a judge with violation of any canon of judicial 6.1.2 DISTRICT AND MUNICIPAL COURTS ethics, misconduct in office, or failure to perform 6.2.2 Magistrate his duties; or (2) to charge that the judge is a. An administrative agency is established in physically or mentally unable to perform his Alabama called the Magistrates Agency, and is di- duties. All proceedings are confidential except vided into two divisions, the District Court Mag- the filing of a complaint with the Court of the istrates Agency Division end the Mulhicipal Court Judiciary. The commission, which has subpoena Magistrates Agency Division. The District Court power, prosecutes the complaints. Magistrates Agency Division includes the following: IConst., Amend. No. 328, S6.17] all clerks of state trial courts and their designees within office; all persons serving as full- 7.1.2 Court of the Judiciary. The court consists time magistrates or warrant clerks on September 1, of one appellate judge, selected by the Supreme 1976; and all persons appointed to serve as magii- Court, who serves as chief judge of the Court of trates by the Administrative Director of Courts, the Judiciary; two circuit judges, selected by the upon recommendation by the judge or judges and the Circuit Judges Association; and two members of the clerk of the District Court. The division also state bar, selected by the governing body of the includes any judge of a court of limited jurisdic- Alabama State Bar. tion in any county (municipal judges excluded) [Const., Amend. No. 328, S6.18] The whose judgeship has been abolished by Amendment 328 7.2.2 Authority and procedure for sanction. prior to the expiration of his term who elects to Supreme court adopts rules governing the procedures automatically become a magistrate for the duration of the Court of the Judiciary. The court is con- of his unexpired term as a judge,. vened to hear complaints filed by the Judicial In- The Municipal Court Magistrates Agency quiry Commission and has power to issue subpoenas. Division is composed of the following: all clerks A judge aggrieved by a decision of the court may of Municipal Courts and any persons within the appeal to the Supreme Court, which will review the clerks' offices designated by the Administrative record of the proceedings on the law and the facts. (Const., Amend. No. 328, 56.181

140 4 -Li.,"I ALASKA

Court of LT Resort 1.5 Administration a. The Chief Justice is the administrative head 1.1 SUPREME COURT. Terms are held in Juneau, of all courts. The Supreme Court exercises admin- Anchorage, and Fairbanks, and at such other places istration and supervision over the entire court as may be required, as ordered by the court. The system through the Administrative Director of the court holds sessions on dates fixed by court rule. Courts, presiding judges, rea court administrators [Alaska Statutes (hereinafter A.S.) Section in three judicial districts, and the clerk of the 22.05.030; Rules of Court, Administrative Rule Second Judicial District. Reference Section 5.1 The Chief 18(a)] (General administrative authority). 1.2 Organization. The Supreme Court does not sit Justice has no specifically articulated duties with in panels or divisions. regard to the administration of the Supreme Court. [Administrative Director of the Courts] b. Reference Section 5.2.b (state-level admin- 1.3 Jurisdiction istrator). a. The Supreme Court may issueinjunctions, c. A clerk, who is appointed by and serves at writs, and all other processes necessary for the the pleasure of the Supreme Court, is authorized complete exercise of its jurisdiction. by court rule. There are no formal provisions for b. The Supreme Court has final appellate juris- assigning administrative duties to the clerk. In diction in all actions and proceedings. Appeal to practice, the clerk supervises 11 other clerks who the Supreme Court is a matter of right only in perform duties similar to those of trial court those actions and proceedings from which there is clerks. no right of appeal to the Court of Appeals(ref- [Const., Art. IV, 116; Rules of Court, Adminis- erence Section 2.3). A decision of the Superior trative Rule 27; Administrative Director of the Court on an appeal from an administrative agency Courts] decision may be appealed to the Supreme Court as a 1.6 Rule-making. The Supreme Court makes and promulgates rules governing practice and procedure in matter of right.. The Supreme Court may in its discretion review final decision of the Court of Ap- criminal and civil cases in all courts. These peals on'application of a party (review by the Su- rules may be changed by the legislature by a two- thirds, vote of the members elected to each house. preme Court). The court may also in its discretion review a final decision of the Superior Court on The Supreme Court also makes and promulgates rules an appeal of a civil case commenced in theDistrict governing the administration of all courts. Court. [Const., Art. IV, 5151 [A.S. 1122.05.010, 22.07.020, 22.07.0301 1.4 Justices (5) Intermediate Appellate Court a. The Chief Justice is selected from amongthe justices by a majority vote of the justices and 2.1 COURT OF APPEALS. Terms are held in Anchorage, serves a 3-year term. A justice may serve more and at such other places as may be required, as or- than one term as Chief Justice, but he may not dered by the court. The court holds sessions on serve consecutive terms. dates fixed by court rule. b. Supreme Court justices must be citizens of [Rules of Court, Administrative Rule 18 (a)] the United States and of Alaska, must have been 2.2 Organization. The court sits en banc to decide residents of the state for 5 years immediately pre- all matters. ceding their appointment, must be licensed to prac- [Administrative Director of the Courts] tice law in the state, and must possess any addi- 2.3 Jurisdiction. tional qualifications prescribed by law. A justice a. The Court of Appeals may issueinjunctions, must have been engaged in the active practiceof writs, and all other process necessary for the com- law for not less than 8 years immediately preceding plete exercise of its jurisdiction. his appointment. b. The Court of Appeals has appellate jurisdic- c. The Governor fills any vacancy in theoffice tion in actions and proceedings commenced in the of Supreme Court justice by appointing one of two Superior Court involving the following: criminal or more persons nominated by the Judicial Council prosecution; postconviction relief; children's (reference Table 12: Cheracteristics.of judicial court matters including waiver of children's court nominating commissions). Each Supreme Court jus- jurisdiction over a minor; extradition; habeas tice is subject to approval or rejection in a re- corpus; probation and parole; and bail. The court tention election on a nonpartisan ballot at the has jurisdiction to hear appeals of sentences of first general election held more than 3 years af- imprisonment imposed by the Superior Court on the grounds that the sentence is excessive or too len- ter his appointment. Thereafter, each Supreme Court justice is subject to approval or rejection ient and, in the exercise of this jurisdiction, may in a like manner every 10th year. modify the sentence as provided by law and the [Constitution, Article IV, Sections 2(6),44 -state constitution. The Court of Appeals also has (1) a final 5, 6; A.S. 122.05.070] jurisdiction to review the following:

141 1 3 S Figure 1:Alaska court system, 1980

IMIIV SUPRE(E COURT 5 justices Jurisdiction: - Final appellate jurisdiction In all actions and proceedings. Court of - Appeals of right of those actions not appealable as of right last to the Court of Appeal., and from Superior Court decisions on resort 4. administrative appeals. - Discretionary review of question. of law certified by the Court of Appeals, and ef final decision. of the Superior Court dealing with civil actions appealed from the Dietrict Court. MM.

1 COURT OF APPIALS 3 judges Jurisdiction: Civi l Intermediate - Appeal. from final decisions involving criainaa prosecution, and Agency appellate postconviction relief, extrsdition, habeas corpus, probation, appeals. court parole, bail, and children'. court setters. H- Sentence review. 1 SUPERIOR COURT (6) Criminal appeal is 21 jimiess atter of right Jurisdiction: Cburt of general unless appellant - Original jurisdiction in all Civil matters, including probate jurisdiction chooess to appeal and guardianship. L to Superior Court. - Original jurisdiction in all criminal setters. Then appeal is - Juvenile setters. discretionary. ApPeals on record unless trial de novo is granted. Jury trials.

IMMO, DISTRICT COURT (4) 23 judges; 46 part-time megistrates

DISTRICT COURT MAGISTRATE COURT (Sigh volume) (Low volume) 23 judges 46 part-time magistrates Court of Jurisdiction: Juriedictions limited - Civil action. under $10,000, - Smell claim under $2,000. jurisdiction and maall claims under - Misdemeanors, ordinance $2,000. violations, and preliminary '4 - Misdemeanors, ordinance hearings. violations, and preliminary No jury trials. hearings. Six-person jury trials. _ WWI,

114 Indicates route of appeal.

1 XI) dcision of the District Court in an action or pro- 3.3 Jurisdiction ceeding involving criminal prosecution, postconvic- a. The Superior Court has original jurisdiction tion relief, extradition, probation and parole, and in all criminal and civil matters including but not habeas corpus or bail; and (2) the final decision limited to probate and guardianship of minors and of the Dititrict Court on sentence imposed by incompetents. The Superior Court exercises juve- it. An appeal to the Court of Appeal. is matter nile jurisdiction in matters involving juvenile of right in all actions and proceedings within ita inteke, formal petitions, adjudication and disposi- jurisdiction except that (1) the right of appeal tion hearings, and annual review of those institu- to the Court of Appeals is waived.if an appellant tionalized. chooses to appeal the final decision of the b. The Superior Court has jurisdiction over all District Court to the Superior Court; and (2) the matters appealed to it from a subordinate court or state has no right of appesl in criminal cases administrative agency when appeal is provided by except to test the sufficiency of the indictment law. Appeals are a matter of right, but no appeal or information or to appeal a sentence on the may be taken by the defendant in a criminal case ground that it is too lenient. The Court may in after a plea of guilty, except on the ground that its discretton (1) review m final decision of the the sentence was excessive. The hearings on appeal Superior Court on an appeal from District Court from a final order or judgment of a subordinate in an action or in proceedings involving criminal court or administrative agency must be on the prosecution, post conviction relief, extradition, record unless the Superior Court grants s trtal de probation and parole, and habeas corpus or bail; novo. and (2) review the final decision of the Superior [A.S. 122.10.020; Admtnistrative Dtrector of Court on appeal of a sentence imposed by the Dis- the Courts] trict Court. A final decision of the Court of 3.4 Judges (21) Appeals is bindtng on the Superior Court and on the a. There is no provision for a chief judge over District Court unless superseded by s decision of the four districts. The Chtef Justice destgnates the Supreme Court. one judge from each judicial dtstrict to be presid- (A.S. 322.07.020, 47.10.010(a)(1)] ing judge of that district.A presiding judge 2.4 Judges (3) holds office for a term of 1 year and is eltgtble . The Chief Justice designates one judge to to succeed himself thereafter. be prestding judge. A presiding judge holds office b. Superior Court judges must have been citi- for a term of1 year and is eligible to succeed zens of the Untted States and of Alaska for at himself thereafter. least 5 years immediately preceding their appoint- b. Court of Appeals judges must meet the same ment, must have been engaged for not less than 5 qualifications as Supreme Court justices. Refer- years in the active practice of law, and at the ence Section 1.4.b. time of appointment must be ltcensed to practtce c. The Governor fills any vacancy in the office law in the state. of Court of Appeals justice by appointing one or c. The Governor fills any vacancy on the Supe- two or more persons nomtnated by the Judicial Coun- rior Court by appointing one of two or more per- cil (reference Table 12: Characteristics of judi- sons nominated by the Judicial Council (reference cial nominating commissions). Each judge is sub- Table 12: Characteristics of judicial nominating ject to approval or rejection in a retention elec- commissions). Each Superior Court judge is subject tion on a nonpartisan.ballot at the first general to approval or rejection on a nonparttsan ballot electton held more than 3 years after his appoint- at the first general election held more than 3 ment. Thereafter, each judge is subject to approv- years after his appointment. Thereafter, he is al or rejection in a ltke manner every eight yesrs. bject to approval or rejectton in like manner [Const., Art. IV, 15; A.S. 1122.07.060, 6th year. 22.07.076] [Const., Art. IV, 114, 5, 6; A.S. 1122.10.090, 2.5 Administration .10.130; Rules of Court, Admtnistrattve Rule a. The presiding judge has administrative au- 7(a)] thority over the court, to the extent delegated by 3.5 Administration. The Alaaka trial courts ore the Chief Justice. adnfinistered through mid-level, multi-court untts b. There is no provision for an administrator of administration. The state ts divided tnto four for the Court of Appeals. Reference Section 5.2.b judicial districts with one division of the Supe- (state-level administrator). rior Court and District Court in each. c. The clerk of the Supreme Court performs all a. Whereas there is no chief judge over the admtnistrative duties for the Court of Appeals. four districts, the presiding judge of each judi- [Admtnistrative Director of the Courts] cial district is responsibliefor supervising the 2.6 Rule-making. The Court of, Appeals has no rule- administration of all court units within his dis- making authortty. Reference Section 1.6. trict. The presiding judge %ay appoint acting dis- [Admintstrative Director of the Courts] trict judges as needed, and he appoints the magistrates for the District Court of his judicial dis- Court of General Jurisdiction trict. He assigns district judges and magistrates in his judicial district as to time aiid place to 3.1 SUPERIOR COURT. The Superior Court holds ses- hold court. The presiding judge also assigns cases sions at times designated by rule or order of the pending to the judges made available within the Supreme Court. district, supervises the judges and their court [A.S. 122.10.0501 personnel n the carrying out of their official 3.2 Orsanization. There is one Superior Court for duties, and expedites and keeps current the the state, consisting of four districts defined by business of the court within the district. The geographic boundaries. The Superior Court holds presiding judge in any judicial district may assign regular sessions in each district at places desig- any district judge or magistrate within his dis- nated by rule or order of the Supreme Court. There trict to serve temporarily in any other judicial are no specialized divisions of the court. district. The presiding judge of each judicial [A.S.,1122.10.010, 22.10.0501 district and the Administrative Director must, 143 1 G() after consideration of the state of the District The jurisdiction of the District Court does not ex- Magistrate Court dockets from time to time, submit tend to an action in which the title to real prop- joint recommendations to the Supreme Court as to erty is in question; or an action for false impris- methods of improving the administration of justice onment, libel, slander, malicious prosecution, in such courts. In addition, the presiding judge criminal conversation, seduction upon a promise to prescribes when the judges in his district will marry, actions of an equitable nature, or actions take their annual vacations. in which the state is a defendant. b. There is no provision for an administrator Magistrate Court has the same criminal juris- over the four districts. Area court administrators diction but is limited to small claims under $2,000 are authorized for three of the four judicialdis- in civil jurisdiction. tricts. The area court administrators implement b. The District Court has no appellate juris- policies and procedures of the Alaska court system; diction. participate in the formulation and implementation [A.S. 1122.15.030, 22.15.040, 22.15.050, of local court policies, procedures, and objec- 22.15.060] tives; and direct and coordinate the functions of 4.4 Judges (23) and magistrates (46). The number local department heads. of district judges and magistrates within each c. In the judicial district where the position judicial district is set forth in the statutes, and of area court administrator has not been authorized may be increased or decreased by rule of the (the Second Judicial District), a clerk is appoint- Supreme Court. ed for that district. The clerk has responsibility a. Reference Section 3.5.a. for the following duties: b. District Court judges must be citizens of (1) Attending sessions of the Superior Court the United States and of the state, must be at in his district and waiting upon a judge or judges least 21 years of age, and must have been Fesidents of tho court in chambers when required. of the state for at least 5 years immediately pre- (2) Keeping such indexes as will ensure ceding appointment. A judge must also have been ready reference to any action or proceeding filed engaged for not less than 3 years in the active in the court. practice of law,.and at the time of appointment (3) Issuing all process and notices required must be licensed to practice law in the state. to be issued. Magistrates must be citizens of the United (4) Keeping the minutes and maintaining such States and of the state, must be at least 21 years other records of the court as are required by the of age, and must have been residents of the state rules aerthe Administrative Director. for at least 6 months immediately preceding ap- (5) Safely keeping or disposing of, accord- pointment. ing to law or rule of the Supreme Court, all papers c. The Governor must fill a vacancy or appoint and records filed or deposited in any action or a successor to fill an impending vacancyin the proceeding before the court. office of District Court judge within 45 days after (6) Performing such duties as are or may be receiving nominations from the Judicial Council required of him by the Superior Court and by the (reference Table 12: Characteristics of judicial rules of the Supreme Court. nominating commissions) by appointing one of two or [A.S. 1122.10.010, 22.10.130, 22.15.020, more persons nominated by the council for each ac- 12.15.170, 22.15.190; Rules of Court, Adminis- tual or impending vacancy. Judges face a reten- trative Rules 30(a), 30(b), 33(a), 33(b), tion election 1 year after their appointment. 33(e), 37(a), 48(a); Alaska Court System, Thereafter, they are subject to approval or rejec- Class Specification] tion in like manner every 4 years. The presiding judge of the Superior Court in 3.6 Rule-making. Reference Section 1.6. each judicial district appoints the magistrates for Mag- Court of Limited or Special Jurisdiction the District Court for the judicial district. istrates serve at the pleasure of the presiding 4.1 DISTRICT COURT. The District Court sits in judges. continuous session. The presiding judge of th [A.S. 1115.35.100, 22.15.020, 22.15.160, Superior Court in each judicial district assigns 22.15.170; Rules of Court, Administrative,Rile District Court judges and magistrates in his judi- 31; Administrative Director of the Courtel cial district as to time to hold court. 4.5 Administration [A.S. 122.15.190; Rules of Court, Administra- a.ReferenceSection3.5.a. tive Rule 33(a)] b.ReferenceSection3.5.b. 4.2 Organization. There is a District Court in c.ReferenceSection3.5.c. each of the four judicial districts of the Superior 4.6 Rule-meboing.. Reference Section 1.6. Court. The Superior Court presiding judges assign district judges and magistrates as to the place to State-Level Administration hold court in their respective districts.The Dis- trict Court is divided into two typeliof courts, 5.1 General administrative authority. The Chief Justice of the Supreme Court is the administrative one presided over by judges, the other, known as 16 Magistrate Court, presided over by magistrates. head of all courts. The Chief Justice may assign [A.S. 1122.15.010, 22.15.190; Rules of Court, judges from one court or division thereof to an- Administrative Rules 33(a)] other for temporary service. With the approval of 4.3 Jurisdiction the Supreme Court, he appoints an Administrative a. The civil jurisdiction of the District Court Director to serve at his pleasure and to supervise is limited generally to actions not exceeding the administrative operations of the judicial sys- $10,000 and to small claims jurisdiction when the tem. He also designates a presiding judge for each relief sought does not exceed $2,000. The District judicial district. The Chief Justice may assign a Court has jurisdiction over misdemeanors and viola- Superior Court judge and his court personnel for tions of the ordinance of political subdivisions. temporary duty anywhere in the state.Reference Section 1.5.a.

144

1 GI Figure 2: Ala a state-level administrative office of the courts, 1980

wviAdminitrativ. Di rector 1

Deputy Director

So c retry

IMagiNtrt Service* I vwwwww.Lwww vw.1 InvI Director of Manager of St a f f F. t erhil 1.Manager of Planning b Manager of P. comm.! Stt !Meat rat Legal Di rector Counel Law Swam Educat ton i Operation* Technicl Grnts Fiacl Li bran tan Coordinator Information b Pro }ec t Ore rat Iona Coordinator Opria lone

Secretary S. cre t cy

L_, .11111.1.11/ FTeraonnel Pe rsonne I dal nisi rat ive Supply Electronic Research IAccounting achnicin Ana lyt Li brrim Li bran in Assistant Of f icerI I Engineer Analyst Supervi Nor I "MI6

Leave ISupply 'Elect conic field Clerk Library Officer I Technicin Auditor As. fist nt 1 I [supply Senior Clerk [As isiist ant Clerk Clerk Clerk I 1 Clerk Asistant General Switchboard Cleric He Iper [ i wwJwwwww ...wwv 11, [ Clerk Cie r icI Clericl Clerical Aid Aid Aid Printr Clerical awi Aid I 1 Clerk

i 0 1)

14...0 4.../ (Const., Art. IV, 116; A.S. 1122.05.150, (I) Formulates and submits to the Chief Justice, the Suprene Court, and the Judicial Coun- 22.10.130, 22.10.140) 5.2 Office of the Administrative Director of the cil recommendations of policies for the improvement Courts of the judicial systems. a. There is no specific authorization for the (m) Serves as legal advisor for the Office of the Administrative Director of the Chief Justice and the Supreme Court in all legal Courts. matters not adjudicatory in nature: b. Administrative Director of the Courts (0 Prepares memoranda on tatutes (I) The Alaska Constitution, Article IV, 116 which may affect the judiciary. authorizes the appointment of an Administrative (ii) Drafts of rules of practice Director of the Courts. and procedure. (2) The Administrative Director is required (iti) Conducts and supervises re- to have a college degree and prior experience in search on procedure and court administration. court administration; a law degree is desirable. (iv) Instructs court personnel The Administrative Director is appointed by the concerning rules or statutes governing ministerial Chief Justice with the approval of the Supreme and other nonadjudicatory duties. (v) P are, a syllabus for the Court. magistrates and other (3) Under the supervision and direction of basic legal instruction o the Chief Justice of the Supreme Court, the Admin- lay personnel. tee and edits revisions istrative Director of the Courts has the following (vi) Anno duties and responsibilities: and supplements to the Alaska Rules of Court (a) Supervises the administrative oper- Procedure. (vii) Renders legal opinions in any ation of the judicial system. (b) Establishes the administrative nonadjudicatory matter as he may be directed from methods and systems to be employed in the offices time to time by the Chief Justice. (n) Attends to such other matters as of the clerks and other officers of the courts. (c) Periodically inspects and examines may be assigned by the Chief Justice. the administrative methods and'systems in use and c. Office organization.The Office of the makes recommendations to the Chief Justice for the Administrative Director of the Courts consists of 19 professionals (including the Admin- improvement of such administrative methods and 59 people: istrative Director of the Courts) and 40 clerical systems. The professional staff provides support (d) Examines the state bf the dockets personnel. computer opera- of all courts, and determines the need for sss i s services in the following areas: tions and data entry; facilities management and tance by any court. He confers with the Superior auditing, and purchas- Court judges on the status of their calendars and jury management; accounting, administrative matters at the request of the Chief ing; education, training, and library services; personnel systems and office management; legisla- Justice. tive liaison; and planning and research activities, ( ) Makes recommendations to the Chief which include statistical compilation, research, Justice rel ing to the assignment or reassignment of judges yVere courts are in need of assistance and statistical analysis. (Const., Art. IV, /16; A.S. /22.05.150; Rules and carr,iI, out the directions of the ChiefJustice of Court, Administrative Rule 1; Administrative as to te assignment of judges within or toother Director of the Courts) judici1 districts where the courts are in need of sss i s ta ce. Quasi-Judicial Officers (f) Collects and compiles statistical ' and oth r data pertaining to caseload and transmits copie of the same to the Supreme Court and the 6.1 SUPERIOR COURT Judi ial Council to the end that proper action may 6.2 Master a. Masters are appointed by the)(Ages of the be t ken in respect thereto. (g) Prepares and submits budget esti- Superior Court or by the Administratil/e Director In practice, masters are lawyers. mates of state appropriations necessaryfor the of Courts. b. Master. have no authority to issue orders; mainte ance and operation of the judicial system and mak s recommendations with respect thereto. however, they do make findings and recommendations disposition. (h) Draws all requisitions requiring to the Superior Court judge for his the payment of state monies appropriated for the maintenance and operation of the judicial system. Judicial Discipline (i) Collects statistical and other data The and makes reports relating to the expenditureof 7.1 Commission on Judicial Qualifications. publtc montes, state and local, for the maintenance commission conaists of nine members as follows: elected by the and operation of the judicial ystem and the one justice of the Supreme Court, justices of that court; three judges of the Supe- offices connected therewith. (j) Obtains reports from clerks of rior Court, elected by the judges of that court; by the court in accordance with the requirementsof the one judge of the District Court, elected judges of that court; two members who have prac- Supreme Court on cases and other judicial business ticed law in Alaska for 10 years, appointed by the in which action has been delayedbeyond periods of governing body of the organized bar; and two citi- time specified by law or rules of court and makes retired judges, or members report thereof to the Chief Justice, theSupsieme zens who are not judges, of the state bar, appointed by the Governor and Court, and the Judicial Council. (k) Acts as secretary of the Judicial subject to confirmation by a majority of the mem- Council and performs such other duties as may be bers of the legislature in joint ession. assigned by the Supreme Court and the Chief Jus- [Const., Art. IV, 110; A.S. 122.30.010] tice.

-3146 7.2 Authority and procedure for sanction. qualify, suspend from office, retire for disabil- The com- 41. mission makes rule. implemebting the laws regarding ity, or censure or remove a judge for action that judicial discipline, including disquAlificatOn, constitutes willful and persistent failure to per- suspension, removal, retirement, and Censure of form his duties, habitual intemperance, or conduct judges, and providing for confidentiality of its prejudicial to the administration of justice that, 41. proceedings. On recomimendation of the commission brings the judicial office into disrepute. or on its own motion, the Supreme Court may die- [A.S. 1122.30.060, 22.30.0701

4 Figure 1:Arizona court system, 1980

mum COURT 5 Justices Jurisdiction: Court of Original and exclusive Jurisdiction in lest cases between counties. resort - Appellate Jurisdiction in all actions in the etate's court system except those arising in Justice and Police Courts.

COURT OF APPEALS (2) Death penalty 12 Judges Intermediate end life Jurisdiction: appellate imprisonment - All actions and proceedings originating court matters. in or permitted by law to be appealed from the Superior Court.

SUPERIOR COURT (14) 80 Judges Jurisdiction: - Original Jurisdiction in civil action'. over $500. Exclusive probate and domestic Court of relations Jurisdiction. general - Original Jurisdiction in felony and mia- Jurisdiction demeanor matters. - Exclusive Jurisdiction in Juvenile matters. Appeals de novo. Jury trials. 411

JUSTICE or THE PEACE COURT (84) CITY MAGISTRATE COURT (74) 84 Judges 94 magistrates Jurisdiction: Jurisdiction: Civil actions under $2.500. - Misdemeanors and criminal Courts of - Preliminary hearings, misde- offenses with fine less than limited meanors and criminal offenses $300 or sentence under Jurisdiction with fine less than $1,000 or 6 months. sentence under 6 months. Jury trials. Jury trials.

ItIndicates route of appeal.

148 ARIZONA

specifically articulated duties with regard to the Court of Last Resort administration of the Supreme Court. b. Reference Section 5.2.b (state-level admin- 1.1 SUPREME COURT. The court sits in the capital city of Phoenix. It is open for business every istrator). day, Monday through Friday, from 8:00 a.m. to5:00 c. The position of clerk is authorized by the The clerk is appointed by and p.m. state constitution. iThe [Constitution, Article VI, Section 2; Arizona serves at the pleasure of the Supreme Court. Revised Statutes (hereinafter A.R.S.) Section clerk attends sessions of the court and is respon- 12-105; Administrative Office of the Courts] sible for issuing the writs and processes of the He is also responsible for the following: 1.2 Organization. The court sits in accordance court. with rules adopted by it, either en banc or in maintaining books of record; entering all orders, divisions of not less than three justices. The judgments, and decrees; furnishing certified copies court cannot declare any law unconstitutional of court records as requested and required; and microfilming and destroying records as provided by except when sitting en banc. [Const., Art. VI, Section 2] law. The clerk may appoint deputies to assist him. [Const, Art. VI, 113,7; A.R.S. 112-201 to 1.3 Jurisdiction a. The Supreme Court has original andexclusive 112-203] jurisdiction to hear and determine causes between 1.6 Rule-making. The Supreme Court has the power counties concerning disputed boundaries and surveys to make rules relative to all procedural matters thereof or concerning claims of one county against in any court. The court also has administrative supervision over all courts of the state. another. It also has original jurisdiction in extraordinary writs to state officers and the power [Const., Art. VI, 113, 5] to issue injunctions and writs necessary and proper to the complete exercise of its appellate and Intermediate Appellate Court revisory jurisdiction. The court is divided into b. The Supreme Court has appellatejurisdiction 2.1 COURT OF APPEALS. Phoenix and the in all actions and proceedings, except those origi- ,wo divisions, one of which sits in The court sits in continuous nating in courts not of record, unless the action other in Tucson. involves the validity of a tax, impost, assessment, session. toll, statute, or municipal ordinance. Direct [A.R.S. 11121120, 12-120.6] Two divisions of the Court of appeal to the Supreme Court is permitted in those 2.2 Organization. Appeals exist; each encompasses 7 of the state's cases where the judgment imposedconsists of either The First Division has 9 judges, death or life imprisonment. 14 counties. [Consr., Art. VI, 15; A.R.S. 112-120.21] sitting in 3 departments (panels) of 3 judges each. The Second Division has only 3 judges and no 1.4 Justices (5) Sessions of Divisions 1 and 2 are a. The Chief Justice of the ArizonaSupreme departments. Court is elected to a 5-year term by his peers. held in Phoenix and Tucson, respectively; however, b. Supreme Court justices must be persons of they may be held in other locations if the majority good moral character, must be admitted to the of the judges of a division or department decides Court of practice of law in the state, and must have been that the public interest so requires. residents of the state for a minimum of 10 years. Appeals decisions are rendered by panels, composed c. Supreme Court justices areappointed by the of no more than three judges of the court. Governor from a list of at least three qualified [A:R.S. 112-120] candidates, submitted by the Commission on Appel- 2.3 Jurisdiction late Court Appointments (reference Table 12: Char- a. The Court of Appeals has jurisdiction to acteristics of judicial nominating commissions). issue writs of certiorari to,review the lawfulness The normal term of office is 6 years; however, of awards of the Industrial Commission and to enter after initial appointment by the Governor, justices judgments affirming or setting aside the awards. serve 2-year terms and are then subject to a It also has jurisdiction to issue injunctions and retention vote at the first general election. writs necessary and proper to the complete exercise [Const., Art. VI, 113, 4, 6, 37] of itsappellate jurisdiction. 41'"The Court of Appeals has jurisdiction in all 1.5 Administration- a. The Chief Justice exercises theSupreme actions and proceedings originating in or permit- Court's administrative supervision over all courts ted by law to be appealed from the Superior Court, except criminal actions involving crimes forwhich of the state. This is accomplished through the Administrative Director of the Courts, chief a sentence of death or life imprisonment has ac- judges, presiding judges, and trial court adminis- tually been imposed. [A.R.S. 112-120.21]. cestors. Reference Section 5.1 (General administrative authority). The Chief Justice has no

149 P r 2.4 Judles '(12) (Const., Art. VI, S10; A.R.S. 558-202, 12-121, a. The 4court of Appeals has 2 chief judges; one 12-130] presides ove ach of the 2 divisions. Each is 3.3 Jurisdiction elected for 1-year term by the judges of his di- a. The Superior Court has original jurisdiction vision. \ in the following: b. Court df Appeals judges must be at least 30 (1) Criminal cases amounting to felony, and years old and Must be of good moral character. cases of misdemeanor not otherwise provided for by They must have peen residents of the state and must law, to include concurrent jurisdiction with jus- have been admitted to the bar of the state for at tices of the peace in misdemeanors where the pen- least 5 years. ey must be qualified voters of alty does not exceed31,000 or 6 months of their counties a must have been residents thereof imprisonment. for at least 3 ye rs. (2) Cases and proceedings in which exclusive c. Court of A. ale judges are selected in the jurisdiction is not vested by law in another court. ame manner as Sup eme Court Justices. Reference (3) Cases of equity and at law that involve Section 1.4.c. The normal term of office is 6 the title to or possession of real property, or the years; however, aft r initial appointment by the legality of any tax, impost, assessment, toll, or Governor, the judges serve 2-year term. and are municipal ordinance. then subject to a re ntion vote at the first gen- (4) Other cases in which the demand or value eral election. of property in controversy amounts to $1,000 or more. (A.R.S. SS12-120. , 12-120.04] 2.5 Administration (5) Actions of forcible entry and detainer. a. The chief judge exercise administrative (6) Proceedings in insolvency. supervision over their spective divisions and (7) Actions to prevent or abate nuisance. perform other duties as rescribed by the Supreme (8) Matters of probate, divorce, annulment, Court. They apportion t e business in such a man- and naturalization. ner as to equalize caselo in the subordinate (9) Exclusive jurisdiction in all matters departments. They also a sign judges to the affecting dependent, neglected, incorrigible, or departments and ray period cally rotate them. delinquent children under the age of 18. b. There is no provisi n for an administrator b. The Superior Court has appellate jurisdic- for the Court of Appeals. ference Section 5.2.b tion over matters arising in Justice or City (state-level administrator). Magistrates Courts. c. A clerk is authorized for each divisionand [Const., Art. VI, 5514, 16; A.R.S. 512-123] is appointed and serves at t pleasure of the 3.4 Judges (80) chief judge of the division. The clerks are a. There is no provision for a chief judge over responsible for the following: issuing writs and all the counties. Presiding judges, appointed by processes of the court; mainta ing ooks of the Supreme Court, serve the individual courts for record and making entries as pr vided for by law; the remainder of their terms of 4 years. If more furnishing certified copies of s ch records, as than one judge hears cases in the Juvenile Court, requested and required; and main ining the court's a presiding judge is designated by the Superior sea1. Court judges of the county. (A.1.S. SS12-120.04, 12-120.0 12-120.07, b. Superior Court judges must be at least 30 12-120.09] years old, must be of good moral character, must 2.6 Rule-making. Procedures in app ale and other have been admitted to the practice of law in the matters before the Court of Appeals re the same state, and must have been residents of-the state as those of the Supreme Court. Refer nce Section for 5 years. 1.6. Supreme Court Rules 47 and 48 a ly specifi- c. In each county with a population of 150,000 cally to the Court of Appeals. or more (Maricopa and Pima), a nonpartisan Commis- ion on Trial Court Appointments (refetence Table (17A A.R.S. Supreme Court Rule. 1-2 , 47-481. 12: Characteristics of judicial nominating com- Court of General Jurisdiction miasions) is established. When a vacancy occurs or a new judgeship is created, the Governor 3.1 SUPERIOR COURT. The court sits,p continuous appoints a judge from a list of no less than 3 In session. candidates submitted by the Commission. [Administrative Director of the Courts] counties with a population of less than 150,000, 3.2 Organization.Each of Arizona's 14 counties judges are elected Counties has a Superior Court. Sessions are held at th' by the voters at the general election. county seats. If public interest so requires a with less than 150,000 can change from the popular facilities are available, the Superior Court jud election of judge to the commission and appointment may hold court in other locations. Each county ha system at any time by a majority of the county's at last one Superior Court judge. Additional popular vote. The regular term of a Superior Court judges may be authorized by law, but not to exceed \jUdge is 4 years. Those judges appointed by the one judge for each 30,000 inhabitagtm ormajority Governor serve initial terms of 2 years and are fraction thereof. Additional judgeships are then su,bject to a retention vote at the first gen- obtained by the county's Board of Supervisors pre- atal election thereafter. If retained by the In countiei vdters they then serve full 4-year terms. senting a petition to the Governor. \ ' having more than one Superior Courtjudge, a spe- (Const., Art. VI, 5511, 12, 22, 36, 37, 40; cialized Juvenile Court is established. Superior 58-202; Administrative Director of the Court judges in those counties designate annually Courts] one or more of their number to Preside over the 3.5 inistration ereas there is no provision for a chief Juvenile Court. Local rules may in ome cases a establish specialized probate or other divisions, judge ov r all the counties, the presiding judges or cases may be assigned to particular judgesbased of the individual courts exercise general adminis- on the nature of the cases. trative supervision over the courts, judges, and nonjudicial personnel. They make regular and 150-

1f' special assignments of all judges in accordance 4.3.1 Jurisdiction with the statutes and/or as directed by the Chief a. The Justice of the Peace Court has juris- Justice. They prescribe the powers and duties of diction in the following criminal matters: the clerks In addition to those prescribed by law (1) Pr:liminary hearings lin felony cases. and the Supreme Court. They promulgate such local (2) Misdemearmits and criminal offenses pun- rules as a majority of the judges approve or as the ishable by a fine not exceeding $1,000 or imprison- Supreme Court may direct. ment not exceeding 6 months or both. b. There is no provision for an administrator (3) Assault and battery, unless committed over all the counties. Individual Superior Court upon a public officer in the discharge of his du- administrators are authorized by court rule. At ties or If the act's ent constitutes a felony present, only two counties (Maricopa and Pima) have under the law. court administrators. The administrators, under (4) Petty theft the direction of the presiding judges, perform the (5) Breaches of the peace, routs, affrays; following duties: and willful injuries to property. (1) Compile and maintain records and statis- Justices of the peace have original juris- tics of pending cases and other court business. diction in civil cases Involving amounts under (2) Assign all motions, pretrials, trials, $2,500 and concurrent jurisdiction with the Supe- and other matters for disposition, and maintain and rior Court in cases involving amounts between $500 publish all arraignments and calendars. and $2,499. Justices have jurisdiction concurrent (3) Advisecghe parties of the status of the with the Superior Court in cases of forcible entry various calendars. and detainer when the rental value of the property (4) Coordinate with the court clerks to involved does not exceed $500 per month and where accomplish the prompt and orderly disposition of damages are less than $1,000. justices have juria- court business. diction to try the right to pAsessiOn of real (5) Act as a court commissioner, tf desig7 property when the title thereto or the ownership nated by the presiding judge. thereof is not a subject of inquiry in the action. (6) Prepare the court budget. If title or ownershtp becomes an tssue, the case (7) Make suitable courtroom and personnel is traneferred to the Superior Court. The issue arrangements for visiting judges. is not allowed to be raised in actions between (8) Supprvise thp office of the court admin- landlord and tenant for possession of leased prem- istrator and its personnel. ises. c. The Superior Court clerk is a constitutional btpThe Justice of the Peace Court has no position. The clerks are elected by the voters of appellate jurisdiction. their respective counties at the general election [A.R.S. Si22-201, 22-301, Administrative and hold office for 4 years. The clerks maintain Director of the Courts) their offices at the county seats and are respon- 4.4.1 Judges (84) sible for taking charge of and safely keeping and a. Only the Justice of the Peace Court of disposing of all books, papers, and records that Tucson has a presiding judge, who is appointed for are filed and deposited in their offices. They the remainder of his 4-year term by the presiding also attend each session of the court and are re- judge of the Superior Court of Pima County. sponiible for keeping a list of fees charged in b. 'Qualifications for county office also apply each action. The clerks may appoint chief deputies to justices of the peace. They require a person to :Assist them. Super4or Court clerks erve only to be 18 years of age or over, a resident of the the courts and do not perform the usual county state, a voter of the county or precinct, and able clerk functions. Those functions are performed by to read and write the English language. the county recorders. c. Justices of the peace are elected by the [Const., Art. VI, i23; A.R.S. 1§11-419, 11-552, voters of the precincts and serve 4-year terms. 11-553, 17A A.R.S. Uniform Rules of Practice [A.R.S. 22-102, 22-111; Administra- of the Superior Court of Arizona, Rules 1, 2; ttve Director of the Courts] Arizona Court Roster.] 4.5.1 Administration 3.6 Rule-making. The Superior Court of each county a. The position of presiding judge exists only ,-may make or amend its own Rules of Criminal Proce- in Tucson where four precincts have been consoli- dure; however, Supreme Court approval is required dated and a presiding judge has been elected. The prior to promulgation. The Superlir Court may also presiding judge of the four precincts exercises make or amend its own rules of civil procedure, general administrative supervision and coordination provided they are consistent with the tatewide over the court, judges, and nonjudicial personnel. Rules of Civil Procedure. The presiding judge also provides liaison between [17 A.R.S. Rules of Criminal Procedure, Rule the Justice of the Peace Court of Tucson and the 36; 16 A.R.S. Rules of Civil Procedure, Rule presiding judge of the Superior Court of Pima 831 County. b. Only thecogsolidated four precincts of Courts of Limited or Special Jurisdiction Tucson have a court administrator. The Superior Covt administrator for Pima County serves as the 4.1.1 JUSTICE OF THE PEACE COURT. The Justice of court administrator for the Justice of the Peace the Peace Court sits in continuous session. Court of Tucson. Reference Section 3.5.b. [Administrative Director c4 the Courts] c. There are no statutory provisions for the 4.2.1 Orpnization. The Board of Supervisors in position of clerk of the Justice of the Peace each county divides the county into justice pre- Court. Same justices hire a clerk and some serve A constable is elected in cincts. Only one justice sits in each precinct, as their own clerk. and there are no specialized divisions of the each precinct, with thr duties of Assisting the court. justice of the peace by serving warrants and [A.R.S. $22-101) summonses, and collecting bail.

151 cj [National Survey of Court Organization, p. 95; The Chief Justice may also appoint justices of the Administrative Director of the Courts] peace pro tem. These pro tem appointments are subject to the approval of the county Board of Super- 4.6.1 Rule-making.- Reference Section 1.6. visors. Reference Section 1.5.a (Administration). [Const., Art. VI, SS3, 7, 11, 31; A.R.S. 4.1.2 CITY MAGISTRATE COURT. (sometimes referred S12-141 to 12-144, 22-121 to 22-124] to as Police or Municipal Court) The City Magis- 5.2 Administrative Office of the Courts trate Court sits in continuous session. Courts is [Administrative Director of the Courts] a. The Administrative Office of the authorized by the Constitution. 4.2.2 Organization. A City Magistrate Court is b. Administrative Director of the Courts established in cities and towns incorporatedunder (1) The position of Administrative Director the general laws of the state.There are no specialized divisions of the court. of the Courts is authorized by the constitution. the [A.R.S. S22-402; Administrative Director of the The Administrative Director and Ataff serve at pleasure of the Supreme Court and assist theChief Courts] Justice in discharging his admini:trative duties. 4.3.2 Jurisdiction (2) There are no formal qualifications for a. The City Magistrate Court hasjurisdiction the Administrative Director of the courts. This over all cases arising underaunkcipal ordinances position is filled by Supreme Court appointment. and also concurrent jurisdiction withjustices of (3) The primary responsibilit es of the the peace over state law violationscommitted with- Administrative Director of the Courts ate as fol- in the city limits. b. The City Magistrate Court has no. appellate lows: (a) Preparing and presenti state- jurisdiction. [A.R.S. S22-4021 level budgets. (b) Administering the state share pay- 4.4.2 Judges (94) roll for Superior Court judges and judge!, pro tem- a. stablishment of the position of presiding pore; and administering payment of of the judge i at local discretion. b. Cty Magistrate Court judges mustbe quali- statewide grand jury. (c) Planning and holding the to annual fied vot s of their cities. The establishment of judicial cbnferences, one for appellate and,Super- additiodk requirements is at local discretion. ior Court judges and one forjustices'of th peace c. Cit Magistrate Court judges are selected and city magistrates and administering a con inuing and serve Aich terms as provided by thecharter or judicial education program with emphasis on j dges ordinance of their cities or towns. [Const., Art. VII, S15; A.R.S. S22-403; Admin- of the courts of limited jurisdiction. Receiving and checking monthly case istrative Director of the Courts] (0 statistical reports from the Superior Court and he 4.5.2 Administration Court of Appeals and preparing year-end statisti 1 a. There are no formal provisionsfor presiding compilations,and the annual judicial report. judges for the City Magistrate Court.Establish- Providing administrative assistanc ment ot the position is at"local discretion. (e) b. There are no formal provisionsfor court to other courts. Preparing administrative orders. administrators for the City Magistrate Court. (f) Serving as secretary to the Commis- Establishment of the position is at local discre- (g) Section Reference Section 5.2.b (state- in- sion on Judicial Qualifications (reference tion. 7.1); maintaining commission files; and adminis- istrator). tering payment of commission expenses. c. There are no formal provisions ks (h) Administering Foster Care Review for the City Magistrate Courts. Establ of the position is at local discretion. Board System. Administering State Aid for Proba- [Administrative Director of the Courts] (i) tion Services program. 4.6.2 Rule-making. The rules of criminal procedure (j) Performing planning functions for for Superior Courts, including theprovisions regarding bail, issuance of subpoenas, andpunishment the state court system. The Administrative for disobedience thereof apply toCity Magistrate c. Office organization. Office of the Courts consists of 24 people: 14 Courts so far as applicable and when nototherwise professionals (including the Administrative Direc- prescribed. tor of.the Courts) and 10 clericalpersonnel. [A.R.S. S22-423]. Duties are spread among staff members as time, experience, and expertise in the subject it hand State-Level Administration allow. [Const., Art. VI,I167; State Court Administra- 5.1 General administrative authority. The Supreme tive Officers, p. 26; Administrative Director Court has administrative supervision overall the of the Courts] courts of the state. The Chief Justice, or in his absence or incapacity, the vice chiefjustice, Quasi-Judicial Officers exercises the court's administrativesupervision over all the courts of the state. The Supreme 6.1.1 SUPERIOR COURT Court appoints an AdministrativeDirector and staff 6.2.1 Court Commissioner to serve at its pleasure toassist the Chief Jus- a.. Court commissioners are appointedby the tice in discharging his administrativeduties. The judges of the Superior Court and serve at their Chief Justice is empowered to assignjudges of any They are required to be United States court to serve in other courts orcounties. The pleasure. citizens and residents of the county they serve. Supreme Court appoints the presiding judgesof the b. Court commissioners may-hear and determine Superior Courts. The Chief Justice, upon the ex parte motions (except forinjunctions) when the request of the presiding judge of aSuperior Court, may appoint a Superior Courtjudge pro tem. The appointment is for 6 months and canbe renewed.

152 /

No information is ava e re of the Arizona Administrative Office of the urts at this time. c,

z.s.

, 4

153 1 70

-, appointing judge is absent or disabled, take proof two judges of the Superior Court, and one justice and report conclusions on any matter of fact not of the peace; the governing body of the state bar placed into issue by the pleadings, take and appoints two members of the bar; and the Governor, approve bonds, administer oaths and take affida- subject to Senate confirmation, appoints two citi- vits, and acknowledge deeds or other official zens who may not be active/retired judges nor mem- records. Superior court commissioners with Areater bers of the bar. authority are also provided pursuant to Artifle VI, [Const., Art. VI.I, 111 124 of the Constitution of Arizona and A.R.S. 7.2 Authority and procedure for sanction. Proce- 112-213. Their functions are also regulated by dures of removal and discipline are contained in Supreme Court Rule No. 46. Generally, these com- thestate constitution. The commission may insti- missionrs can hear default matters, initial tute an inquiry on its own motion or upon receipt appearances in criminal cases and certain show of a verified statement. If the evidence warrants, cause matters. the commission begins formal proceedings. The [Const., Art. VI, 124; A.R.S. 1112-211, 12-212, judge is notified in writing of the specific 12-213] charges and is given 15 days to reply. He is also informed of his right to counsel. The final hear- 6.1.2 SUPERIOR COURT ing can be held before either the commission or a 6.2.2 Referee special master. (A special master may be appointed a. Referees are appointed by the Superior Court by the commission to conduct the formal evidentiary judge who has been assigned to juvenile cases and hearing to hear the evidence and prepare recom- serve at his pleasure. The requirements for the mended findings of fact for the Commission on Ju- position are also within the descretion of the dicial Qualifications.)The judge must be given 20 appointing judge except that no contested hearing days notice of the time and place of the hearing. may be heard by a referee unless he has a law At the hearing, evidence is received as would be degree. admissible in a state Superior Court. Oral evi- b. The appointing judge can direct that any dence is taken on oath and the chairman may proceeding in a juvenile case be brought before a subpoena witnesses and documents. At the end of referee first. The referee then reports his con- the hearing, the commission or special master makes clusions to the judge. findings of fact and prepares a report, a copy of fA.R.S. 18-231] which is forwarded to the judge. He has 15 days to file an objection. If an objection is filed, 6.1.3 SUPERIOR COURT the judge will be given am opportunity to be heard 6.2.3 Traffic hearing officer orally. At that time, the commission or special a. Traffic hearing officers are appointed by master either dismisses the charges or recommends the Superior Court judge who has been assigned to to the Supreme Court the censure, suspension, juvenile cases, and they serve at his pleasure. removal, or retirement of the judge. Within 30 The statutes only require that appointees be "gf days of the report's filing, the judge may petition suitable experience [and] who may be magistrates, the Supreme Court for an opportunity to orally justices of the peace or probation officers". argue his case. After being given that opportun- b. Traffic hearing officers are impowered to ity, if requested, the Supreme Court makes its hear any case wherein a child under 18 is charged final decision. All matters pertaining to the pre- with a nonfelonious motor vehicle violation. liminary investigation and all papers filed with [A.R.S. 18-2321 and all proceedings before the commission or special master are confidential unless the judge Judicial Discipline requests that the information be released. [Const., Art. VI.I; Rules of procedure for the 7.1 The Commission on Judicial Qualifications. The Commission on Judicial Qualifications; Adminis- commission ts composed of 9 persons: the Supreme trative Director of the Courts] Court appoints two judges of the Court of Appeals,

154 ARKANSAS

Court of Last Resort [Const., Art. 7, S6; Const., Art. 7, §6, Amendment No. 9; COnst., Amend. No. 29] 1.1 SUPREME COURT. The Supreme Court of Arkansas 1.5 Administration sits at Little Rock, the state capital. The a. The Chief Justice of the Supreme Court is court's annual term begins on the first Monday of the administrative director of the Judicial Depart- October. ment of the state. He exercises administration and [Constitution, Article 7, Sections 4, 8; supervision over the entire court system through Arkansas Statutes 1947, Annotated (hereinafter the Executive Secretary, the chief judge of the A.S.A.) Section 22-205) Court of Appeals and the county judges. Reference He 1.2 Or anisation. The court sits in divisions Section 5.1 (General administrative authority). pursuant to constitutional authority. Each of the has no specifically articulated duties with regard two divisions has three associate justices. The to the administration of the Supreme Court. Chief Justice sits in both divisions. If any b. Reference Section 5.2.b (state-level admin- justice in a division dissents, the case goes to istrator). the court en banc. Statutes require that all c. The clerk, occupying a constitutionally cases involving the construction of the consti- authorized position, serves a 6-year term subject tution and capital offenses must be heard by the to removal for good cause. The clerk is respon- court en banc. sible for recording judgments, decrees, rules, [A.S.A. §22-206; Twelfth Annual Report, orders and proceedings, together with the opinions Judicial Department of Arkansas, 1976 Judicial of the court, and making complete alphabetical Statistics (hereinafter 1976 Annual Report), indexes to all books of record. p. 1) [Const., Art. 7, §7; A.S.A. 23-206] 1.3 Jurisdiction 1.6 Rule-making. The constitution does not specifically address rule-making powers, other a. The Supreme Court has general superintending control over all trial courts of law and than to grant the Supreme Court the power to maks equity. In aid of its appellate and supervisory rules regulating the practice of law and the jurisdiction, it has the power to issue 'writs of professional conduct of attorneys. Statutory error and upersedeas, certiorari, habeas corpus, provisions grant the Supreme Court the power to prohibition, mandamus, quo warranto, and other prescribe rules of criminal end civil proceddre The court also fixes remedial writs. In the exercise of its original for all courts-of the state. jurisdiction, it has the power to issue writs of the date when such rules become effecti've. All quo warranto to the Circuit Court judges ind laws in conflict with such rules have no further - chancellor, and to offices of political A -(orte The court may prescribe rules for its own administration,'and it 111112 general superintending corporations (incorporated cities and towns) when , the question involved is the legal existence of control over all courts. Statutes empower the such corporations. Chief Justice to issue orders and regulations as of b. The Supreme Court has appellate may be necessary for the efficient operatiom jurisdiction coextensive with the state under such all courts in the state. restrictions as prescribed by law. The court [Const., Arti 7, S4; Const., Amend. No. 28; hears appeals from the Court of Appeals, the A.S.A. SS22-142, 22-208, 22-212, 22-213, Circuit Court and the Chancery Court. Appeals are 22-242 to 22-249] accepted at the discretion Of the court. \ [Const., iFt. 7, S§4, 5; A.S.A. §27-2101; Intermediate Appeljate Court Rules of Criminal Procedure 36.1; Outline of % Basic Appellate Court Structure in the United 2.1 COURT OF APPEAL The court is located in the States (1975), p. 18] city of Little Rock, but the court en.banc or any 1.4 Justices (I) panel thereof may t in any county seat for the a. The Chief Justice is elected to an 8-year purposes of hearing argument in cases before it. term by the voters of the state in partisan The Court of Appealj sits in continuous session. Office of the Executive elections. [A.S.A. S22-120 ; b. Supreme Court justices must be at least 30 Secretary of theyudicial Department] years old, must be of good moral character, must 2.2 Organization. The Court of Appeals is a be citizens of the United States, must have been single court of statelfide jurisdiction. The court residents of the state for at least 2 years, and is authorized to sit A'ii- panels of three justices must have been practicing attorneys for at least 8 each. , years. [A.S.A. S22-1203] \\, c. Supreme Court justices are elected to 2.3 Jurisdiction 8-year terms by the voters of the state in a. The Court of Appeals has the authority to partisan elections.Vacancies are filled by the issue any writs, directives, orders, and mandates Governor. All appointees, however, are ineligible that are appropriate, and only those that are for election to the office.

155

1 r) Figure 1:Arkansas court system, 1980

SUPREME COURT 7 justices Court of Jurisdiction: last - Appellate jurisdiction over cases from resort Circuit Court, Chancery Court, and Probate Court.

COURT OF APPIALS 6 judges Intermediate Jurisdiction: Appellate - Appellate jurisdiction as Court determined by Supreme Court rule.

CRARCIRY COURT (22) CIRCUIT COURT (10 PROBATE COURT (22) 30 judges (chancellors) 33 judges Chancry Court judges serve Jurisdiction: Jurisdiction: Jurisdiction: - Court of equity (land - Civil casee over $100. - Rotate, adoption, mental Courts of disputes, domestic rela- - Original Jurisdiction in health cases. general tions, support, roses criminal. No jury trials. Jurisdiction seeking equitable relief). - Juvenile. No jury trials. (The Second Circuit Court is divided into the First (Civil) and Second (Criminal) Divisions.) Mears eppeals de novo. Jury trials. =1.

NOW COURT OF COWEN PLEAS (12) MUNICIPAL COURT (68) POLICE COURT county judges Imre. RS judges 3 judges Jurisdiction varies: Jurisdiction: Jurisdiction: - Contracts and other civil - Contract under $300. Property - Civil Case. under $300. netters not involving recovery under $300. Property - Misdemeanors and city title te property. Maxi- damage under $100. ordinance violations. mum monetry limit varies - Felony preliminaries. Mis- No jury trials. from $500 C $1.500. demeanors. Ordinance viola- Jury trials. tions if there is no City Court.

Courts of limited jurisdiction

JUSTICE OF THE PEACE COUNT (3) CITY COURT.($2)L.1" COUNTY COURT (15) 75 Judea* 2 Justices of the peace 76 judges Juribdiction: Jurisdiction: Jurisdictioe. - Original jurisdictioe in coun- - Contract under $300. Property - Civil cases under $300. ty tails., county expenditures, recovery under $300. Property - Misdemeanors and tit/ _and elitism against county. dmmege under $100. ordinance violations. Seatarity proceedings. - Felony preliminaries. No jury trials. - Juvenile. Misdemeanors. N. jury trial. $ x-man Jury al

ItIndicates route of appeal.

ItIndicates transfer of cases. 1 appropriate, for the determination of cases within 3.5.1 Administration There are no provisions for a chief judge it jurisdiction. a. over all the Circuit Courts or forpresiding b. The Court of Appeals has such appellate jurisdiction as the Supreme Court determines by judges for the individual circuits. There are no provisions for an adminis- rule and is subject to the generalsuperintending b. trator over all the Circuit Courts or foradmin- control of the Supreme Court. Reference (Cornet., Amend. No. 58, SI; A.S.A. 522-1204) istrators for the individual circuits. Section 5.2.b (state-level administrator). 2.4 Judges (6) c. Clerks are elected by the voters of their a. The Chief Justice designates one of the respective circuits to 2-year terms. In addition judges of the Court of Appeals as chief judge. Circuit Court The chief judge is appointed to a 4-year term and to their trial court functions, the clerks are also the ex officio recorders ofthe may be reappointed, subject to thediscretion of counties. They record and index all documents the Chief Justice. affecting the title to real estate and maintain b. Court of Appeals judges must meet the same qualifications as justices of the Supreme Court. files and records on all security transactions under the Uniform Commercial Code, except those Reference Section 1.4.b. Each elected judge must transactions filed solely in the Secretary of be a resident of the district from whichelected. Court of Appeals judges are elected to State's office. c. S17-3601; 1976 8-year terms.in general elections by the voters of [Const., Art. 7, S19; A.S.A. Annual Report, p. 37) the state. The Circuit Court and Chancery [Const., Amend. No. 58, SI; A.S.A. S22-1202, 3.6.1 Rule-making. Court may adopt procedural rules,providing they 22-1295) are not in conflict with SupremeCourt rules. 2.5 Administration Local rules do not become effective until a copy a. There are no provisions for assigning administrative duties to the chief Judge. has been filed with the clerk of the Supreme Court. Circuit Courts have the power to make all b. There are no provisions for an rules necessary for the dispatch of business. administrator for the Court of Appeals. Reference [A.S.A. S22-309; Uniform Rules for Circult and Section 5.2.b. (state-level administrator). Chancery Courts No. 12) c. The Supreme Court clerk appoints two deputies to handle the clerk's duties for the 3.1.2 CHANCERY COURT. The court sits in continuous Court of Appeals. Reference Section 1.5.c. session and no terms are specified. [A.$.A. S22-1208(b)) The Supreme Courtadopts rules [A.S.A. SS22-403, 22-406, 22-406.11 2.6 Rule-making. Chancery Courts sit in the for procedures to be followed in the Courtof 3.2.2 Organizatioo. same buildings in each county asthe Circuit Appeals. The state is divided Into 22 chancery cir- [Court Rules--Supreme Court of Arkansas! Court. cuits. Multi-judge Chancery Courts are divided into divisions; these divisions are used toidenti- Court of General Jurisdiction fy positions for election purposes, and toassign cases to judges. 3.1.1 CIRCUIT COURT. The court sits in continuous [A.S.A. SS22-403, 22-406.1, 22-412 to 22-431, session, and term beginning dates arespecified in 27-117; Executive Secretary) the statutes. [A.S.A. SS22-310, 22-311) 3.3.2 Jurisdiction a. The Chancery Court has jurisdiction in 3.2.1 Organization. Court is held in each county, cases involving domestic relationsmatters, land normally at the county seat. The state is divided disputes, reciprocal support actions, and other into 22 judicial circuits, each of which contains cases where equitable relief issought. to 7 counties. The court in the second from 1 The Chancery Court has no appellatejuris- circuit has been divided by statute intoCriminal b. diction. and Civil Divisions. (Const., Amend. No. 24; A.S.A. S22-404; 1976 (A.S.A. S522-310, 22-311, 22-322 to 22-333) Annual Report, p. ill) 3.3.1 Jurisdiction The Circuit Court has original jurisdic- 3.4.2 Judges (30 chancellors) a. The Chancery Court does not have a chief tion in all criminal and civil matters,unless a. judge over all the circuits or presidingjudges for exclusive jurisdiction has been granted toanother the individual chancery circuits. court. b. Chancellors must meet the same qualifica- b. The Circuit Court has appellate jurisdictions as Circuit Court judges. Reference Section tion over all courts of limited jurisdiction. [Const., Art. 7, SS11, 14) 3.4.1.b. c. Chancellors also serve as Probate Court 3.4.1 Judges (33) CbAncellors are The Circuit Court does not have a chief judges. Reference Section 3.2.3. a. elected to 6-year terms by the voters oftheir re- Judge over all the circuits or presiding judges spective circuits in partisan elections. for the individual circuits. (A.S.A. S22-409) h. Circuit Court judges must be United States citizens, must be at least 28 years old, musthave 3.5.2 Administration There are no prollpions for a chief judge been residents of the state for atleast 2 years, a. over all the Chancery Cour s orfor presiding must be of good moral character, and musthave beln practicing attorneys for at least 6 years. judges for the indlyidual chancery circuits. Circuit Court judges are elected to 4-year b. There are no provisions for an c. administrator over.all the Chancery Courts orfor terms by the voters of their respectivecircuits administrators for the individual chancery in partisan elections. Reference Section 5.2.b (state-level [Const., Art. 7, SS16, 17; A.S.A.S22-411) circuits. administrator).

157 C. Chancery Courts are served by the Circuit has civil jurisdiction in matters of contract up Court clerks. Reference Section 3.5.1.c. to $300 and actions for recovery of personal prop- FA.S.A. $22-441] erty and/or damage thereto up to $300. Depending 3.6.2 Rule-making. Reference Section 3.6.1. on the amount involved in a civil claim, the Chancellors have the power to prescribe court's jurisdiction may be exclusive of or concur- administrative rules. rent with the Circuit Court and the Justice of the IA.S.A. 522-518] Peace Court. The Municipal Court also conducts preliminary hearings. 3.1.3 PROBATE COURT. The court sits in continuous b. The Municipal Court has no appellate juris- session and no terms are specified. diction. FA.S.A. $22-406.1] [A.S.A. $22-709; Office of the Executive 3.2.3 Organization. The Probate Court is linked Secretary of the Judicial Department] to the Chancery Court since Chancery Court judges 4.4.1 Judges (98) (chancellors) also serve as Probate Court judges. a. The MUnicipal Courts do not have presiding The state is divided into 22 chancery circuits. judges. Probate Court sits in the same building in each b. Municipal Court judges must be at least 25 county as ehe Circuit Court and Chancery Court. years old, must be of good moral character, must [Coma. Art. 7,$34; Const. Amend. 24, 11; have been residents of the state for at least 2 A.S.A. S22-412 to $22-431] years, and must have been practicing attorneys for 3.3.3 Jurisdiction at least 6 years. a. The judges (chancellors) of Chancery Court c. MUnicipal Court judges are elected to also serve as the judges of Probate Court and as 4-year terms by the voters in partisan elections. such, hear cases involving wills, guardianship, [A.S.A. 522-703, 22-704] adoption, mental commitments, and similar probate 4.5.1 Administration matters. a. There are no provisions for presiding b. The Probate Court has no appellate juris- judges for the Municipal Courts. diction. b. There are no provisions for administrators 1Const. Art. 7, S34, Const. Amend. 24, 51] for.the Municipal Courts. Reference Section 5.2.b 3.4.3 Judges (30 chancellors serve) (state-level administrator). a. The Probate Court does not have a chief C. Clerks are appointed by the judges. There judge over all the circuits or presiding judges for are no provisions for assigning administrative the individual circuits. duties to the clerks. They are responsible for b. Reference Section 3.4.2.b. recording judgments, rules, orders, and other c. Reference Section 3.4.2.c. proceedings, preparing alphabetical indexes there- 3.5.3 Administration to, and perfecting accounts-of arrearages. a. There are no provisions for a chief judge [A.S.A. 1122-315, 22-713] over all the Probate Courts or for presiding judges 4.6.1 Rule-making. Municipal Court judges have no over all the individual circuits. procedural or administrative rule-making author- b. There are no provisions for an administra- ity, except for determining the qualifications of tor over all the Probate courts or for administra- bail bondsmen. Reference Section 1.6. tors for the individual circuits. Reference Sec- tion 5.2.b (state-level administrator). 4.1.2 COUNTY COURT. Terms of the court begin on c. Probate Courts are served by Circuit Court the first Monday of January, April, July! and clerks. Reference Section 3.5.1.c. October of each year. [Const. Art. 7, $191 [A.S.A. $22-603] 3.6.3 Rule-Making. Reference Section 3.6.1. Chan- 4.2.2 Organization. There is one County Court cellors have the power to prescribe administrative with one judge in each of the state's 75 counties. rules. There are no specialized divisions of the court. 1A.S.A. 522-518] [Const., Art. 7, S28) 4.3.2 Jurisdiction Courts of Limited or Special Jurisdiction a. The County Court has exclusive original jurisdiction in all matters relating to county 4.1.1 MUNICIPAL COURT. The Municipal Court has no taxes, roads, bridges, ferries, paupers, bastardy, specified term of court. vagrants, the apprenticeship of.minors, the dis- 4.2.1 Organization. Any city with a population of bursement of money for eounty.purposes, and "in more than 2,400 can establish a Municipal Court by every other case that may be necessary to the in- ordinance. Municipal Courts exercise countywide ternal improvement and local concerns" of the jurisdiction, except in cases of ordinance viola- county. In the absence of the Circuit Court judge, tions. If a county has more than one Municipal the County Court judge may issue injunctions, pro- Court, the specific geographical jurisdiction of visional writs, and writs of habeat corpus. each Is specified. The Municipal Courts of Little b. The County Court has no appellate Rock and North Little Rock each have two divisions, jurisdicSion. Traffic and Civil/Criminal. [Const., Art. 7, 98; A.S.A. 5117-3903, [A.S.A. SS22-701, 22-704, 22-710] 17-3905] 4.3.1 Jurisdiction 4.4.2 Judges (75) a. The Municipal Court has exclusive juris- a. Each o'f the state's 75 counties has one dictiOn over ordinance violations where there is County Court and one judge; therefore, the County no City Court, and concurrent jurisdiction with the Courts do not have presfding judges. Justice of the Peace Court and Circuit Court over b. County Court judges must be United States misdemeanors. The court's misdemeanor jurisdiction citizens, must be at least 25 years old, must be is exclusive of the Justice of the Peace Courts persons of upright character po ssssss ng a good within the city limits. The Municipal Court also business education, must have been residents of

1 IN; the state for 2 years, and must be residents of establishing the court designates which clerk their counties at the time of election and during serves the court. their terms of office. (Compiler's Note following4A.S.A. 122-6151 Normally, procedures in Courts c. County Court judges are elected to 2-year 4.6.3 Rule-makina. termi by the voters in partisan elections. of Common Pleas are the same as in Circuit Courts. Reference Section 3.6.1. Certain additional pro- (Const., Art. 7, S291 cedures, however, are contained in the.special 4.5.2 Administration The administrative rule-making authority of a. There are no provisions for presiding acts. the county judge also applies to the Court of judges for the County Courts. Each county judge is the chief administrative officer forthe Common Pleas. (Compiler's Note following A.S.A. S22-6151 county. Most of his power and duties, as specified in the constitution and statutes, ate admin- The Justice of istrative in naiure. 4.1.4 JUSTICE OF THE PEACE COURT. the Peace Court meets whenever there are cases to b. There are no provisions for administrators for the County Courts. Reference 5.2.b (state- be heard. (Office of the Executive Secretary of the Ju- level administrator). c. Clerks are elected to 2-year terms by the dicial Department] There are o specialized di- voters in general elections. In addition to serv- 4.2.4 Organization. there are only ing the County Court, the clerk also serves as visions of the court. At pre perating due to clerk of the Probate Division of the Chancery three Justice of the Peace C the increasing numbers of Mu 1 Courts. Court. The County Court clerk prepares the county property tax books, collects delinquent taxes, (Executive Secretary] maintains voter registration records, and issues 4.3.4 Jurisdiction The Justice of the Peace Court conducts and records marriage licenses. a. preliminary examinations in felony cases and has [Const., Art.7, SS19, 30; A.S.A. S17-3601; The 1976 Annual Report, p. 371 criminal jurisdiction over misdemeanors. court has exclustve civil jurisdiction in all 4.6.2 Rule-making. Procedural rule-making authortty is not addressed in the statutes and matters of contracts not exceeding $100, and concurrent jurisdiction with the Circuit Court in rules. The court does possess certain administrative rule-making authority. Reference those not exceeding $300, concurrent jurisdiction in suits for recovery of personal property not Section 1.6. exceeding $300; and concurrent jurisdiction in all [Const., Art.7, 1128, 30; A.S.A. S122-601, matters relating to personal property damages not 22-603.41 exceeding $100. This civil jurisdiction does not extend to matters involving a lien on land or title 4.1.3 COURT0)COMMON PLEAS. Terms of court are specified in the special acts creating each court. to or possession of Vend. The Justice of the Peace Court has no (Compiler's Note following A.S.A. S22-6151 b. 4.2.3 Organization. Courts of Common Pleas have appellate jurisdiction. been established in the following counties: (Const., Art. 7,S40, A.S.A. 143-1405) Ashley, Chtcot, Crittenden, Cross, Desha,Drew, 4.4.4 Judges (2) The Justice of the Peace Courts do not Garland, Lee, Lonoke, Madison, Mississippl, a. Nevada, and Prairie. There are no specialized have presiding judges. Justices of the Peace must be qualified divisions of the court. b. [Compiler's Note following A.S.A. S22-6151 voters and residents of the district. Justices of the Peace are elected to 4.3.3 Jurisdiction C. 2-yeer terms by the voters of the townships in a. The Court of Common Pleas has general jurisdiction in matters of contract and other partisan elections. civil matters not involving title to real estate. [Const., Art. 7, S138, 41; A.S.A. S26-1221 The specific civil jurisdiction of each court is 4.5.4 Administration contained in the legislation that established the a. There are no provisions for presiding judges for the Justice of the Peace Courts. court. (Summary information on each special act There are no provisions for administrators is contained in the notefollowing 122-615 of the b. for the Justice of the Peace Courts. Reference statutes.) In general, the monetary limits of jurisdtction of these courts range from$500 to Section 5.2.b (state-level administrator). The clerk's function may be performed in $1,500. c. some courts by the justices themselves orby the b. The Court of Common Pleas has no appellate constables, who are elected to 2-year terms by the jurisdtction. voters of the counties. He supervises the [Const., Art.7, S321 4.4.3 Judges (County Court judges serve in the deputies in his office. Court of Common Pleas.) (A.S.A. SS17-3601, 17-3602; Executive Secretary] a. Courts of Common Pleas do not have 4.6.4 Rule-makinki. Reference Section 1.6. There presiding,judges. are no provisions in the statutes orrules b. Reference Section 4.4.2.b. relating to the rule-making powers of the justices. c. Reference Section 4.4.2.c. (Const., Art. 7, SS28, 321 4.1.5 POLICE COURT. The Police Court is always 4.5.3 Administration a. #There are no provisions forpresiding open. 4006 judges for the Courts of Common Pleas. [A.S.A. S22-8021 4.2.5 Organization. Police Courts may be estab- b. There are no provisions for administrators lished in cities of the second class (500 to 2,500 for the Courts of Common Pleas. Reference Section population) at the discretion of the governing body 5.2.b (state-level administrator). of the city. Some ctties of the first class (over c. These courts are served by either the Circuit or County Court clerks. The special act

159 2,500 population) are permitted to establish a b. There are no provisions for administrators Police Court If they are financially unable to sup- for the City Courts. Reference Section 5.2.b port Municipal Court. There is presently only (state-level administrator). one Police Court In the state. c. There are no provisions for clerks for the [A.S.A. S22-808, 22-811; Executive Secretary City Courts. of the Arkansas Judicial Department] 4.6.6 Rule-making. Reference Section 1.6. There 4.3.5 Jurisdiction are no provisions in the statutes or rules that a. The Police Court has the same jurisdiction grant rule-making powers to the City Court. as the Justice of the Peace Court. Reference Section 4.3.4. It also has jurisdiction in State-Level Administration ordinance violations. b. The Police Court has no appellate 5.1. General administrative authority. The jurisdiction. constitution grants the Supreme Court general [A.S.A. SS22-801, 22-809] superintending control over all courts. Statutes 4.4.5 Judges (3) provide that the Chief Justice of the Supreme a. The Police Court does not have presiding Court ls the administrative director of the judge. Judicial Department of the state. He is b. The Police Court judge must be a qualified responsible for the efficient operation of the voter and a city resident. department and of its constituent courts. The c. The Police Court judge is elected to a Chief Justice may assign, reassign, and modify 2-year term by the voters of the city. assignments of Circuit and Chancery Court judges. IA.S.A. S22-810, 19-7031 The Executive Secretary of the Judicial Department 4.5.5 Administration ls selected by the Chief Justice with the approval a. There Is no provision for a presiding of the Judicial Council (reference Table 29: judge for the Police Court. Judicial councils and conferences). The Chief b. There is no provision for an administrator Justice serves as chairman of the State-Federal for the Police Court. Reference Section 5.2.b Judicial Council, an informal organization con- (state-level administrator). sii4ting of state and`federal judges which tries to c. The Police Court judge serves as his own solve common problems. Reference Section 1.5.a. clerk. [Const., Art. 7, S4; A.S.A. SS22-142, 22-143; [A.S.A. S22-803] 1976 Annual Report, p. 5; Executive Secretary] 4.6.5 Rule-making. Police Court judges may 5.2 Office of the Executive Secretary of the promulgate rules of practice and procedure. Such Judicial Department rules must be posted in the courtroom. a. The Office of the Executive Secretary of [A.S.A. S22-803] the Judicial Department is authorized by Act 496 of 1965. 4.1.6 CITY COURT (formerly Mayor's Court). The b. Executive Secretary City Court sits In continuous session. (1) The 1965 General Assembly authorized [Office of the Executive Secretary of the the position of Executive Secretary. Judicial Department] (2) The Executive Secretary must meet the 4.2.6 Organization. There are presently 82 such same qualifications as a Circuit Court judge. courts In the state. There are no specialized Reference Section 3.4.1.b. The pos,ition is filled divisions of the court. by the Chief Justice with the approval of the [1976 Annual Report, pp. v, 85] Judicial Council. 4.1.6 Jurisdiction (3) Subject to the direction of the Cliief a. Mayors of towns and second class cities Justice, the Executive Secretary performs the are vested with the judicial powers of justices of following functions: the peace and, at least In second class cities, (a) Examines the administrative have osclusive jurisdiction in ordinance methods of the courts and makes recommendations to violations. The City Court has the same the Chief Justice for their improvement. jurisdiction as the Police and Justice of the (b) Examines the state of the docket Peace Courts. Reference Sections 4.3.4 and 4.3.5. of the courts and secures Information as to their b. The City Court has no appellate need for assistance. jurisdiction. (c) Prepares statistical data and [Const., Art. 7, S40; A.S.A. SS19-1102, reports concerning the business of the courts and `al. 19-1102.1, 19-1204; 1976 Annual Report, pp. 85] advises the Chief Justice to the end that proper 4.4.6 Judges (76). City Courts are presided over action may be taken. by the elected mayors. The mayor may designate a (d) Examines the appropriatiodPesti- justice of the peace to serve in his stead.' mates of the courts and presents recommendations a. The City Courts do not have presiding to the Chief Justice. judges. (e) Examines the courts' statistical b. In cities of the second class, any systems and makes recommendations to the Chief qualified voter of the city or any licensed Justice for a uniform system. attorney in the county may serve in the mayor's (f) At the request of the Judicial stead. Council, serves /As its secretary. c. Mayors serve 4-year terms. (g) Advises and assists trial court [A.S.A. SS19-1002, 19-1101.4, 19-1102, 22-8121 clerks in recordkeeping procedures. .4.5.6 Administration. Each locality determines (h) Performs such other duties as the administrative personnel of this court. assigned by the Chief Justice. a. There are no proVlstons for presiding c. Office organization. The office consists judges for the City Courts. of the following personnel: deputy executive

160 1 :17 Figure 2: Arkansasstate-level administrative office of the courts, 1980

141f Just ic sinistrat iv* Director, Executive Sec retry

Deputy Execut iv* Set retry

al Research Anlit Secretary

thief, *111155rch Anlyt !cal finance a Court Coordinator Service Of firer Planner Division

4111P

J.)

Cu, secretary, court planner, chief of analytical Flnal determinations in bastardy cases ere made by services, research cooidinator, financial officer, the county judges and not the referees. and three secretaries. [A.S.A. S22-601.1, 45-408, 45-409, 45-440i1 [A.S.A. S22-143; 1976 Annual Report, p. 6] 1976 Annual Report, p.72]

Quael-Judicial Officers 6.1.4 MUNICIPAL COURT 6.2.4 Referee 6.1.1 CHANCERY COURT a. If the Municipal Court establish a Small 6.2.1 Master in chanvry Claims Division, the judge can appoint a referee 'a. Chancery Courts may appoint masters in who must meet the same qualifications as a chancery. A master must be a qualified elector of Municipal Court judge (reference Section 4.4.1.01, the county and must have been licensed to practice including a minimum of 6 years of law practice. law for at least 5 years. b. The referee is empowered to conduct b. These offieeri subpoena witnesses,.rule on hearings, take testimony, and make his the admissability of evidence, and generally recommendation of law and fact to the judge. conduct hearings into contested issues of fact. [A.S.A. S22-758:1] Masters report their findings to the bench. SS22-449, 22-443; Arkansas Rules of Judicial Discipline Civil Procedure] 7.1.1 Judicial Qualifications Commission. The 6.1.2 CHANCERY COURT commission consists of one licensed attorney and 6.2.2 Standing master one nonlawyer from each of the state's four con- a. Standing masteti_may he appointed in gressional districts. The lawyers are selected by counties having a population exceeding 150,0(0. their peers in the districts and the nonlawyers Such masters must possess at least 5 years are selected by the members of the General practice experience. Assembly representing the districts. b. Standing masters conduct hearing into [A.S.A. S22-145] factual disputes in contested divorces or separate 7.2 1 Authority and procedure for sanction. maintenance cases. They take evidence, subpoena Created by the General Assembly in 1977,, the com- witnesses, and rule on admissability of evidence. lesion investigates violations of laws or canons [A.S.A. S2, 442 to 22-447] ethics and mental or physical disability of dges sitting on Municipal, Justice of the Peace, 6.1.2 CHANCERY COURi lice and City Courts. If, after an investiga- 6.2.2 Referee ion and a confidential hearing, the commission a. Chancellors may appoint a eferee in determines that probable cause exists, it presents probate in each county. The referee must be fin a bill of charges to the Supreme Court. The court attorney, unless all such qualified individuals then hears and determines the matter. Upon a refame the position. majority vote, the court may discipline, suspiKid, b. Referees appoint administrators, remove, or retAre the above-named classes of guardians, and curators, admit wil.s to probate judges. Rules of procedure for the commission and and appoint executors; consider all claims against court are promulgated by the Supreme Court. estates, order sales of real or personal property; iA.S.A. SS22-144, 22-1451 and receive and audit the final accounts of *states. In uncontested cases, the referee is 7.1.2 Judicial Ethics Committee.The committee saNwered to enter the final order. He makes a consists of five members, one of whom is appointed report of finding& of fact and law to the by the Governor and two eact rhe Speaker of the chancellor in contested cases. House and by the Senate Committee on*Committees. [A.S.A. SS22-508"to 22-.512] [A.S.A. S22-1002] 7.2.2 Authority and procedure for sanction. The 6.1.3 COUNTY 'COURT committee, also created by the General Assembly in 6.2.3 Referee 1977,,investigate charges or complaints against a. County'Court judges may appoint referees justices of the S reme Court and judges of the to hear, juvenile cases. P4.such referees Circuit, Chancer and Probate Courts. appointed after 1975 must gelicensed attorneys gf Preliminary reviews and investigations of the state. The 1977 General Assembly enacted into 'vcomplaints are confidentiaL. If a formal law a provision allowing each judge to appoint a investigation is deemed appropriate, those referee to hear bastardy proceedings. proceedings are held in public. If the committge b. Referees appointed to hear juvenile cases determines from its formal investigation that possess all the authority and power of a regular cause exists for discipline or removal, a bill of judge. The decision of a referee).nany juvenile charges is presented to the Speaker of the.House case is binding on the County Court judge. and the President of the Senate for appropriate

Appeals from such ivisions are heard by trial de actions. . novo in the Circuiegrourt. Juvenile referees have [A.S.A. S22-1001 to S22-1005) been appOinted in 43 of the stste's 75 counties.

1:4:)

7 162 CALIFORNIA

Court of Last Resort Supreme Court is to be considered, the presiding justice who has presided longest on any Cpurt of 1.1 SUPitME COURT. The Supreme Court may transact Appeal. Justices must stand for retention business at any time. Historically, the Supreme elections at the same time and places as the Court has maintained its principal office in San Governor. They run unopposed on a nonpartisan Francisco, notwithstanding Section 1060 of the ballot. Their terms of office are 12 years Government Code, which provides that justices of beginning the Monday after January 1 following the Supreme Court "shall reside and keep their oftheir election. fices in the City of Sacramento."The court holds [Const., Art. VI, SS7, 15, 16, 16(a), 16(d); regular sessions in San Francisco, Los Angeles, and California Electioils Code (hereinafter Cal. Sacramento and may hold special sessions elsewhere. Elec. Code) Section 37] [Constitution, Article VI, Section 2; Califor- 1.5 Adminstration nia Code of Civil Procedure (hereinafter Cal. a. The Judicial Council (reference Table 29: Code Civ. Proc.) Section 41; California Rules Judicial councils and conferences) is the chief ad- of Court, Rule 21(a)] ministrative body of the state judicial system. 1.2 Organization. The Supreme Court does not sit The Chie4 Justice serves as chairperson of the Ju- in panels or divisions. dicial touncil and is the administrative head of 1.3 Jurisdiction the court system. The Chief Justice exercises ad- a. The Supreme Court has original jurisdiction ministration and supervision over the entire court in habeas corpus proceedings and in proceedings for system through the Administrative Director of the extraordinary relief in the nature of mandamus, Courts, the administrative presiding justices of certiorari, and prohibition. the Courts of Appeal, the presiding judges of the b. A direct appeal is automatically taken to Superior Courts, the executive officers of the Su- the Supreme Court in criminal cases in which judg- perior Courts, and the presiding judges of the ment of death has been pronounced. Any party may Municipal Courts. Reference Section 5.1 (General petition for a hearing ih the Supreme Court after administrative authority). a decision by a Court of Appeal. Also, the Supreme b. Reference Section 5.2.b (state-level admin- Court may, before final decision, transfer to it- istrator). self for decision a cause in a Court of Appeal. c. The clerk of the Supreme Court is appointed The Supreme Court may directly, without interven- by the court and serves at its pleasure. In addition of a Court of Appeal, review a decision ren- tion to the duties prescribed by law, the clerk dered by a Superior Court on appeal to it from a performs such duties as required of him by the trial court by issuing a writ of certiorari where rules, orders, and practices of the court. it is shown that the Superior Court has acted with- [Const., Art. Vt, S6; California Government out, or in excess of, its jurisdiction [See Auto Code (hereinafter Cal. Gov. Code) Section Equity Sales, Inc. v. Superior Court (1962) 57 Cal. 68840; Cal. Rules of Court, Rule 995] .2d 450]. The court also has exclusive jurisdiction 1.6 Rule-making. The Judicial Council (reference for discretionary review of final decisions of the Table 29: Judicial councils and'conferences) makes California Public Utilities Commission by means of rules for court administration, practice, and pro- a statutory writ of review. ced re, not inconsistent with statute. [Cowie., Art. VI, SSIO, 11, 12; California Pub- Collat., Art. VI, S6] lic Utilities Code (hereinafter Cal. Pub. Util. Code) .Sections 1756, 1759; Cal. Rules of Court, Interme Ilate Court Rules 28, 58] 1.4 Justices (7) OF APPEAL. The Courts of Appeal may a. The,Chief Justice is selected in the same transact usiness at any time. Each of the Courts manner as the associate justices and serves in of Appeaand each division thereof must hold reg- this role for the entire term. elar eesions at least once in each quarter at b. Supreme Court justices pust have been mem- times spcified by the court. A Court of Appeal, bers of the state bar or must'fiave'served as judges or divisin-thereof, may hold special sessions in of courts of record in the tate for 10 years im- another appellate district when the causes sched- mediately preteding selection to the Supreme Court. uled for hearing during a special session havebeen c. The Governor fills vacancies on tbe Supreme transferred to the court by the Supreme Court from the appellate district in which the special session Court by appointee . -Appointments are subject to confitmation by the Commission on Judicial appoint- is to be held and the iession has been approved by ments (reference Ta le 12: Characteristics of,ju- the Chief Justice. dicial nominating commissions). -The commission is [Cal.' Code Civ. Proc. S41; Cal. Rules of Court, composed of the Chief Justice, the attorney gen- Rules 21(a), 21(b)] eral, and, when a nomination or appointment to the

163 1 ij Figure 1:California court system, 1980

SUPIDIR COURT 7 justices Jurisdiction; Court of Om last Direct appeala of judgment of death. All other appeals are discretionary. resort - Review of aome administrative agency final decisions. i t COURTS or APPEAL (5) _ 59 judges J adssent Jurisdiction; Intermediate o f death. - Appeala from Superior Court (except in eppellate judgment of death) and from administrative COUrt agencies. ]

111/ SUPERIOR COURT (56) 607 Judges

&Imam! COURT APPELLATE DEPARTMENT

Jurisdiction: ' (Established in every - Civil, netters over county and city that $15,000. has any Municipal or Issues permanent in- Justice Courts.) Junctions . Jurisdiction: Court of Exclusive probate. - Appeals de novo of general Domestic relations. small claims cases juriediction - Exclusive felony jurie- from Municipal Courts diction, and civil cases from - Exclusive juvenile. Justice Courts. Appeals on record of other Municipal Court cases and criminal cases from Justice Courts. - Review of decisions of some administrative agencies. Jury trials. . t t MUNICIPAL COURT (S2) JUSTICE COURT (100) 472 judge's 96 judges Juriedictions Jurisdiction: - Civil actions under $15,000, mall Civil low under $15,000, small claims Courts of claims under $750. under $750. limited - Miedemeanore, ordinance violations, - Misdemeanors, ordinance violations, jurisdiction and preliminary hearings. prelisinary hearings. Jury trials. Jury t rials.

ItIndicates route of appeal.

lle

164 2.2 Or/anization. The state is divided into five adopted by the Judicial Council (reference Table appellate.districts, each having a Court of Appeal 26: Judicial councils and conferences) and, in composed of one or more divisions. A Court of Ap- addition, those duties that may be delegated to peal conducts itself as a 3-judge court. Concur- him with the concurrence of the Chief Justice by a rence of two judges present at the argument is nec- majority of the judges of the court in the district essary for a judgment. he serves. The administrative presiding judge Const., Art. VI, S3; Cal. Gov. Code S69100 to acts on behalf of the court, with the approval of 691051 a majority of the judges in the district, in con- 2.3 Jurisdiction nection with general court administration, includ- a. The Courts of Appeal have original jurisdic- ing matters involving budgets and personnel. tion in habeas corpus proceedings and in proceed- b. There are no provisions for an administrator ings for extraordinary relief in the nature of man- over all the Courts of Appeal or for administrators damus, certiorari, and prohibition. for the five appellate districts.Reference Sec- b. With the exception of death penalty cases tion 5.2.b (state-level administrator). that automatically are appealed directly to the c. Each Court of Appeal appoints a clerk, who California Supreme Court, the Courts of Appeal have serves at its pleasure. In addition to the duties appellate jurisdiction when the Superior Court has prescribed br law, each clerk performs such duties original jurisdiction and in other causes pre- as are required of him by the rules, orders, &nd scribed by statute. Cases arising in the Municipal practices of the appointing court. The clerk is and Justice Courts and on appeal in the Superior required to cooperate with the Judicial Council and Court may be transferred to and reviewed by the keep such records and make such reports to the Courts of Appeal when the Superior Court certifies council as its chairperson requires with respect or the Courts of Appeal determine that such trans- to the condition and manner of disposal of judicial fer appears necessary to secure uniformity of business in the court. decision or to settle important questions of law. (Cal. (,ov. Code SS68505, 69140, Cal. Rules of Final orders of the California Agricultural Labor Court, Rules 75, 76(5)) Relations Board (A.L.R.B.) are directly reviewable 2.6 Rule-making. The Courts of Appeal may make in the Courts of Appeal. Decisions of the Workers' rules for self-government not inconsistent with Iaw Compensation Appeals Board (W.C.A.B.) and of the or with the rules promulgated by the Judicial Coun- Alcoholic Beverage Control Appeals Board cil (reference Table 29: Judicial councils and (A.B.C.A.B.) are subject to limited review in the conferences). Courts of Appeal pursuant to statutory writs of (Cal. Gov. Code S68070) review. fConst., Art. VI, SSIO, 11, Cal. Rule of Court, Court of General Jurisdiction Rules 56, 57, 61-69; Cal. Code Civ. Proc. S911, California Penal Code (hereinafter Cal. Pen. 3.1 SUPERIOR COURT. The Superior Court holds reg- Code) Section 1471; Burrus v. Municipal Court ular sessions commencing on the first Monday of (1973) 36 Cal. App. 3d 233, California Labor January, April, July, and October, and special ses- Code (hereinafter Cal. Lab. Code) Sections sions at such other times as may be prescribed by 1160.8, 5950, 5952, 5955 (Workers' Compensa- the judge or judges of the court, except that in tion Appeals Board); and California Business the City and County of San Francisco the presiding and Professions Code SS23089, 23090, 23090.2, lodge prescribes the times of holding such special

23090.5 (Alcoholic Beverage Control Appeals sessions. There may be as many sessions of a Su- , Board)) perior Court sitting at the same time,as there are 2.4 Judges (59) judges elected, aPpointed, or assigned to the a. There is no provision for a chief judge over couft. Whenever, in the opinion of the judge or a all the Courts of Appeal. In Courts of Appeal majority of the judges of the Superior Court of any having more than one division, the Chief Justice county, the public interests so justify or require, may designate one of the presiding judge& to act as one or more sessions of the Superior Court, known an administrative presiding judge, to serve at the as extra sessions, may be held in addition to and pleasure of the Chief Justice. at the same time as the other sessions of the b. Courts of Appeal judges must meet the same court. requirements as Supreme Court lustices. Reference (Cal. Gov. Code SS69741, 69741.5, 69790, 69791 Section 1.4.b. to 69801) c. Vacancies on the Courts of Appeal are filled 3.2 Organization. In each county there is a Supe- by appointment by the Governor. Appointees are rior Court of one or more judges. Generally, each subject to confirmation by the Commission on Judi- Superior Court is required to hold sessions at the cial Appointments (reference'Table 12: Character- county seat and at such other locations, if Any istics of judicial nominating commissions). Judges As are provided by statute. The Board of Super- then fiee retention elections in their districts visors of,Los Angeles County, by ordinance, may at general elections at the same time and places , divide the county into not more than nine Superior as the Governor. They run unopposed dn a nonparti- Court districts, none of which may have a popula- san ballot. Their terms of office are 12 years, tion oCie-ss than 250,000, within which one or more beginning the Monday after January 1following sest;ions of the Superior Court are held:The Board their election. of Supervisors may in the same or subse'quent ordi- (Const., Art. VI, SS16, 16(a), 16(d); Cal. nance,.designate one or more locations within each Elec. Code 137; Cal. Rules'of Coutt, Rule 751 disSrict at which sessions will be held. An ordi- 2.5 AdMinistration nance creating additional districts may not result a. There isii(5 provision for a chief judge in more than 11 districts in the county. There Is over all the Courts of Appeal. The administrative an Appellate Department of the SuPerior Court in presiding judge for each appellate district per- every county and city that has one or more Muni41- forms those duties that are specified in rules pal or Justice,Courts.

s 165 1 [Const., Art. VI, S4 see Cal. Gov. COde b. Superior Court judges must meet the same Reference SS69580 et seq, 69641, 69642, 69644, 69645, requirements as Supreme Court justices. 69741); (see also Cal. Gov. Code SS69741, Section 1.4.6. their 69742 to S69749, S69749.3); Cal. Code Civ. c. Superior Court judges are chosen in The term of office Proc. S771 counties at general elections. The special method of selecting appel- p.3 Jurisdiction is 6 years. a. The Superior Court has trial jurisdiction late court judges by appointment of the Governor and confirmation by the Commission on Judicial Ap- in all felony cases. The Superior Court has orig- tnal jurisdiction in habeas corpus proceedings and pointments (composed of the Chief Justice, the at- in proceedings for extraordinary relief in the torney general, and the presiding judge of the Court of Appeal who has presided longest on any nature of mandamus, certiorari, andprohibition. In addition, the court has original jurisdiction Court of Appeal or the prebiding judge of the in all causes "except those given by statute to Court of Appeal of the affected district) may be other trial courts (i.e., Munic'ipal and Justice ifmade applicable to the Superior Courts in the manner authorized by statute in counties approvingthe Courts)." The Superior Court has jurisdiction in In,no county civil cases in which the amount involved exceeds plan by tLjority vote of the voters. has the plan been implemented for trial courts. $15,000. The Superior Court is also referred to as the [Const., Art. VI, SS16(b), 16(e), 16(d); see Probate Court, the Juvenile Court, and the Concil- Cal. Elec. Code, §25330 et. set. Witkin, Cali- iation Court when hearing probate, juvenile, and fornia Rrocedure (2d ed., 1970) S3 Courts, p. domestic relations matters, respectively. The Su- 296; Lai. Gov. Code S695081 perior Court has exclusive trial jurisdiction in 3.5 Administration a. Whereas there is no provision for a chief many cases in equity (however small the amountin controversy may be) because the legislature has judge over all the Superior Courts, there are pre- The pre- made only a limited grant of such jurisdiction to siding judges for the individual courts. siding judge's administrative dutLes are set forth the Municipal and Justice Courts.The Superior The Court alone has the power to issue permanent in- in California Rules of Court, Rule 244.5(a). presiding judge is required to prepare, with the junctions. b. The Appellate Departments of the Superior assistance of appropriate committees of the court,, Courts have appellate jurisdiction in causes pre- proposed local rules of court necessary to expedite The prescribed by statute that arise in Municipal and Jus- and facilitate the business of the court. siding judge designates the judge to preside in tice Courts in their counties.The Superior Court also hears appeals from decisions of Municipal and each department, including a master calendar judge when that is appropriate, and designates a super- Justice courts. All appeals except in small claims cases are heard by a three-judge appellatedepart-ea vising judge for each district or branch court. The presiding judge assigns to the master calendar ment in each county. Appeals to the Superior Court judge any of the duties that may be performed more are governed by rules adopted by theJudicial Coun- appropriately by that department. The presiding cil (reference Table 29: Judicial councils and judge apportions the business of the court among conferences). Appeals may also be transferred from the several departments of the court as equally as the Superior Court to the Courts of Appeal. Review The presiding judge causes to be pub- of decisions of most administrative agencies is in possible. the Superior Court, by means of a writ of mandamus lished for general distribution copies of a current court calendar setting forth the assignments ofthe based on the administrative record. The Supreme Court, however, has exclusive jurisdiction for re- judges, the times and places assigned for hearing viewing final decisions of the California Public the various_types of court business, and any spe- Utilities Commission; and final orders and decis- cial carelidaring requirements adopted by the court The presiding judge may reas- ions of the California Agricultural Labor Relations for such hearings. Board, Workers' Compensation Appeals Board, and sign cases assigned to one department to any other Alcoholic Beverage Control Appeals Board are department as convenience or necessity requires. directly reviewable in the Courts of Appeal. It is the responsibility of the presiding judge to attendance [Const., Art. VI, SIO (see also Cal. Code Civ. prepare an orderly plan of vacations and judges Proc. S1067 et. seq..); Const., Art. VI, S11; at schools, conferences, and workshops-for (gee also Code Civ. Proc. SS77, 117.10, 901, and submit such plan to the judges for consider- 904.2); Cal. Pen. Code SS1466, 1468, 1469; ation. (California Rules of CoUrt, Rule California Probate Code Section 301; California 244.5(a)(9) provides that 21 court days a year is Superior Court judges, Welfare and Institutions Code Section 245; Cal. a proper vacation period for Code Civ. Proc. SS86, 1094.5, 17407; Witkin., and attendance at a California school, conference, or workshop for judges is not deemedvaction time Vol.I, California Procedure (2d ed., 1970) .S173 Courts, p. 441; Cal. Pub. Util. Code if such attendance is in accord with the plan and SS1756, 1759; Cal. Rules of Court, Rules 58, has the prior approval of the presiding judge.) The presiding judge calls meetings of the judges 61-69, Cal. Lab. Code S1160.8 (A.L.R.B.); Lab. Code SS5950, 5942, 5953, 5955; Cal. Rules as needed and appoints standing and special com- of Court, Rule 23090.2, 23090.5 (A.B.C.A.B.)1 mittees of judges to assist in the proper perfor- 3.4 bes (607) mance of the duties and functions of the court. a. There is no provision for a chiefjudge over The presiding judge supervisetit the administrative business of the L:ourt and has general direction and all the Superior Courts. The judges of each Supe- supervision of the attaches 4non-judicial personnel rior Court having three or more judges choosefrom with various duties, commissions who perform sub- their own members a presiding judge who serves at In Superior Courts with two ordinate judicial duties, as well as other court their pleasure. The presiding judge must judges, a presiding judge is selected each calendar personnel) of the court. If a selection cannot be agreed upon, then provide for an appropriate orientation program for year. after appoint- the office of presidingtpdge is rotated eachcal- new _lodges as soon as is feasible .' ment or election. California Rules of Court, Rule endar year. 244.5(a) (16) provides that the presiding judge of

166 1 C3 the Superior Court, when appropriate, meets with conducting preliminary hearings in felony cases to or designates a judge or judges to meet with any determine whether there is probable cause to hold committee of the bench, bar, and news 'media to a defendant for further proceedings or trial im the review problems and to promote understanding of Superior Court. Generally, the Municipal Court has ,the principles of fair trial and free press, under original trial jurisdiction in civil cases in which paragraph 9 of the 'Joint Declaration Regarding the amount involved is $15,000 or less, The Mu- News Ceverage of Criminal Proceedings in Cali- nicipal Court has no general equity jurisdiction, fornia'. but it does have jurisdiction over the limited b. There is no provision for an administrator number of equitable actions that are specified in over all the Superior Courts. Any Superior Court Section 86 of the Code of Civil Procedure. The may, however, appoint an executive officer who court also has jurisdiction in all cases when holds office It the pleasure of the court and exer- equity is pleaded as a defensive matter in any case cises such administrative powers and performs other otherwise properly pending in the court. The Mu- duties as may be required of him by the court. The nicipal Court exercises jurisdiction in simplified executive officer has the authority a clerk of small claims proceedings where the amount.claimed the Superior Court and the Superior Court may, by does not exceed $750. local rule, specify which powers, duties, and re- b. The Municipal Court has no appellate juris- ponsibilities of the county clerk are to be exer- diction. cised or performed by the executive officer. (Const., Art. I, 114; Cal. Code Ctv. Proc. 186 c. There is no separate office of clerk of the subd. (b)(2), 11116. 116.2, 117, Cal. Pen. Superior Court. Each county clerk is ex officio Code 1859 to 883, 11462] clerk of the Superior Court of his county and it 4.4.1 Judges (472) is one of his official duties as county clerk to a. Annually, the judges of a Municipal Court act as clerk of the Superior Court. He has respon- choose from their number a presiding judge. The sibilities as determined by the court. presiding judge may be removed at any time and (Const., Art. VI, i4; Cal. Gov. Code 5526900, another chosen by majority vote of the judges. In 69898(c), 69898(d); Cal. Rules of Court, Rules Municipal Courts with two judges, the presiding 244.5, 244.5(a) (9, 16)1 judge is selected on the basis of administrative 3.6 Rule-making. The Superior Court may make rules qualifications and interest each calendar year. for its own government and the government of its If a selection cannot be agreed upon, then the of- officers not inconsistent with law or with the fice of presiding judge is rotated each calendar rules adopted and prescribed by the Judicial Coun- year between the two judges commencing with the cil. The presiding judge of each Superior Court senior judge. prepares with the assistance of appropriate commit- b. Municipal Court judges must have been mem- tees of the court such proposed local rules as are bers of the state bar for 5 years immediately pre- required to expedite and facilitate the business ceding selection to the Municipal Court. Section of the court. Such rules must be submitted to the 71140 of the Government Code requires, in addition, local bar for consideration and recommendations, that Municipal Court judges must have been resi- approved by a majority of the Superior Court dents eligible to vote in the judicial districts judges, filed with the Judicial Council, and Tub- or cities and counties in which they are elected *lished for general distribution. or appointed for a period of at least 54 days prior (Cal. Gov. Code 168010, 68071; Cal. Rules of to the date of their election or appointment. Court, Rules 244.(a)(1)] There sre, however, some exceptions to the residence requirement. Courts of Limited or Special Jurisdiction c. Municipal Court judges are elected by the voters of their respective districts st the general 4.1.1 MUNICIPAL COURT. There may be as many ses- state election next preceding the expiration of the sions of a Municipal Court sitting at the same time term for which the incumbent has been elected. The as there are judges elected, appointed, or assigned term of office of Municipal Court judges is 6 to the court. years. Yacancies in Municipal Courts are filled ECal. Gov. Code 171340] by appointment of the Governor. 4.2.1 Organization. Sessions of a Municipal Court (Const., Art. VI, 1115. 16(b); Cal. Gov. Code may be held at any place or places with4, the dis- 1171140, 71140.3, 71141, 71145, 71180, 72271, trict for which the court is established,. Where a 72271.5] Municipal Court district embraces two or more 4.5.1 Administration cities, Municipal Court sessic:ns are Field at such a. The presiding judges assign the judges to places within the district as the Board of Super- their respective departments. Subject to the regu- visors designates from time to time as the public lations of the Judicial Council (reference Table convenience requires. The Board of Supervisors of 29: Judicial councils and conferences), the pre- each county may divide the county into judicial siding judges apportion the business of the court districts. Except in San Diego County, no city May among the several departments-and transfer cases be divided so as to lie within-more than one dis- from one department to another if necessary or con- trict. A Municipal Court is to be established in venient to facilitate the dispatch of the business each judicial district of more than 40,000 resi- of the court. Presiding judges of the Municipal dents. The Municipal Court is divided into as many Court have the same administrative duties aw-pre- departments as there are judges of the court. siding judges of the'Superior Court. Referenre (Const., Art. VI, 15(b); Cal. Gov. Code Section 3.5.a. iS71040, 71043, 71341, 71342, 72270] b. There are nO piovisions for administrators 4.3.1 Jurisdiction for the Municipal Court. Reference Section 5.2.b 'a. The Municipal Court has trial jurisdiction (state-level administrator). in craminal misdemeanor and infraction cases. In c. The clerks of the Municipal Court are ap- addition, Municipal Court judges act as magistrates pointed by the judges of the court. With respc to proceedings in the Municipal Court, the clerks

167 1 (") of the MunicipaCourts have e same powers that recommendations to the Governor and the legisla- The Judicial Council also is required to are conferred by n the ounty clerks with ture. respect to proceedings t the rior Court. They adopt rules for court administration, practice, and The have responsibilities as etermin by the court. procedure, not inconsistent with statute. (Cal. Gov. Code 1171 81, 72050, 0.2 et. Chief Justice is the dministrative head of the !!2., 72272, 72274. Cal. Rules of Co t, Rules court system. The Chief Justice serves as chair- the 532.5, 5331 person of the Judicial Council and serves on Under the 4.6.1 Rule-makinf The rule-making pore of the Commission on Judicial Appointments. California Constitution, the Chief Justice must )kinicipal Court t the same as that o he Superior seek to expedite judicial business and to equalize Court. Reference Section 3.6. The Chief Justice may assign (Cal. Rules of urt, Rule 53 .5; see also Cal. the work of judges. Rules of Court, Rule 981) eny judge to another court, but only with the judge's consent if the court is of lesser jurisdic- 4.1.2 JUSTICE COURT. ere may e as many sessions tion. Judges must report to the Judicial Council the condi- Justice Court at th tme as there are as the Chief Justice directs concerning of The judges elected, appoints r assigned to the tion of judicial business in their courts. Chief Justice appoints the judicial members of the court. In Courts of Appeal having more (Cal. Gov. Code 1713401 Judicial Council. designate 4.2.2 Organization. A Justice Court is established than one division, the Chief Justice may adminis- in each judicial district of 40,000 residents or one of the presiding judges to act as an trative presiding judge, to serve at the pleasure less. The Board of Supervisors designates by ordinance the place or places within the district of the Chief Justice. Reference Section 1.5.a. where sessions of the Justice Court are to be held. (Const., Art. VI, 116, 7; Cal. Rules of Court, It may change the places if public convenience re- Rules '75, 9951 5.2 Administrative Office of the Courts quires. There are no specialized divisions of the a. The Administrative Office of the Courtsis court. (Conet., Art. VI, 15; Cal. Gov. Code 1713411 authorized by California Constitution. 4.3.2 Jurisdiction (Article VI, 56; California Rules of Court, a. The jurisdiction of the Justice Courtis the Rule 9911 same as and concurrent with that of theMunicipal b. Administrative Director of the Courts (1) The position of Administrative Director Court. Reference Section 4.3.1.a. b. The Justice Court has no appellate jurisdic- of the Courts is authorized by California Constitu- tion. tion, Article VI, 56. (Cal. Code Civ. Proc. 183; Cal. Pen. Code (2) The Judicial Council appoints the Admin- istrative Director who serves at its pleasure. Re 11462.1) 4.4.2 Judges (96) must be a member of the stare bar and must have a. The Justice Court has no presidingjudge. served for 10 years as a judge of a court of record b. Justice Court judges must be attorneys and in California immediately preceding.his appoint- must be residents of the counties they. are to serve ment. at the time of their selection. (3) The Administrative Director performs c. Justice Court judges are elected atgeneral functions delegated by the council or the Chief elections in their judicial districts. The office Justice, other than adopting rules of court administration, practice, and procedure. The power con- is nonpartisan. Their terms of office are 6 years. (Const., Art. VI, I16(b); Cal. Gov. Code ferred upon the Judicial Council of allocating 1571701, 71145; Cal. Elec. Code 1411 state appropriations for the judiciary day be exer- 4.5.2 Administration cised on its behalf by the Administrative Director a. There are no provisions lor presidingjudges in the form of an order signed.by him and approved for the Justice Court. by the chairperson of the Judicial Council. b. There are no provisions for administrators C. Office organization. The Administrative for the Justice,Court. Reference Section 5.2.b Office of the Courts consists of 53 professionals (state-level administrator). (including the Administrative Director of the c. ClIrks of the Justice Courts areappointed Courts). The professional staff provides support records manage- by the courts. They have responsibilities as services in the following areas: ment; court coordination and other court services; determined by the court. (Cal. Gov. Code 171181) accounting,'auditing, budgeting, and purchasing; 4.6.2 Rule-makilf. The Justice Court has the au- publications; personnel systems and office manage- thority to make local rules not inconsistent'with ment; and planning and research activities in- law or with the rules adopted and prescribed by cluding statistical compilation, research, statis- The research the Judicial Council. ical analysis, and legal services. iSee Cal. Rules of Court, Rules 701, 532.5, Neff provides the Judicial Courcil with the legal 9811 research needed to recommend statutory changes necessary to improve the state judicial system. A State-Level Administration ,legislation staff aids the council and the legis- - lature in implementing the council's legislative 5.1 General.,administrative authority. The chief proposals and in evaluating other legislative mea- administrative body of the etate judicial system sures affecting the judicial system. A statistical is the JuclicialTouncil (referenee Table 29: Ju- research staff collects and analyzes judicial sta-' dicial councils and conferences). To improve the tistits. administration pi justice, the constitution directs (Const., Art. WI, 116, 15; Cal. Gov. Code, the Judicial Council to survey'judicial business 168500.5; Cal. Rules of.Court, Rules 991, 9921 and make recommendations to the courts and annual Quasi-Judiciai, Officers

icr 168 Figure 2:California state-level administrative office of the courts, 1980

Director

Center for Judicial IDeputy Director Education and Research

Civil Trials Benchbook

Mem Trial Court Judges Orientation

Special Sentencing Special Assistant Assistant Director Public Assistant to Practices to the Director Legal Information the Director (Sacramento) Research 1

COuVt Budget/ Managemeet Personnel Support ILegislative Legal Services Business Office Re eeeee ntation Research

Statistics Research Judicial aed Data and Criminal Justice Planning Committee Legislative Lrbitration Program Processing Training Aaalysis Coordination of Civil Actions

Traffic Secretarial Court Services Secretarial Seeteacieg Coordination Support Practices I H I

Ndb

7 6.1.1 SUPREME COURT nary matters including motions or petitions for 6.2.1 Referee the custody and support of children, the allowance a. Referees are appointed by the court on an of temporary alimony, costs and attorneys fees, ad hoc basis. They are usually active or retired and issues of fact in contempt proceedings in trial judges. dissolution, maintenance, and annulment of b. Referees are empowered to hear testimony marriage cases. when the court has granted a request to take addi- (6) Hear, report on, and determine all un- tional evidence on appeal. )contested actions and proceedings other than ac- [Cal. Code Civ. Proc. S909; Cal. Rules of ei.ons for dissolution, maintenance, or annulment. Court, Rule 23] [Cal. Gov. Code SS259a, 59894.1 (Los Angeles \ County) 59900 (San Francisco), 70141 et. 6.1.2 COURTS OF APPEAL \70142; Rooney v. Vermont Investment Corp. 6.2.2 Referee 1973) 10 Cal. 3d 351] a. Referees are appointed by the court on an ad hoc basis. They are usually active or retired 6.1.4 SUPERIOR COURT trial judges. 6.2.4 b. Referees are empowered to hear testimony a. or more referees, not exceeding three, when the court has granted a request to take addi- may be chosen by the parties or, if they fail to tional evidence on appeal. agree, bY, the court. The referee must be a resi- [Cal. Code Civ. Proc. S909; Cal. Rules of dent of the county and he may be the court commis- Court, Rule 23] sionere b. A (v61untary) reference may be ordered upon 6.1.3 SUPERIOR COURT the agreement of the parties to try any or all of 6.2.3 Trial court commissioner the issues in an action or proceeding whether of a. The Superior Court may appoint court commis- fact or of law, and to report a finding and judg- sioners, the number and authority of the commis- ment (i.e., a general reference) or to ascertain sioners varying with the size of the county. Every some fact necessery to enable the court to deter- Superior Court commissioner must be a citizen of mine an action or proceeding (i.e., a special ref- the United States-1nd must be a resident of the erence). In cereain narrower cases, a compulsory state. The appointing court may also require that reference may be directed by the court. the commissioner have been admitted to practice [Cal. Code Civ. Proc. §§638, 639, 6401 before the Supreme Court for at least 5 years immediately preceding the appointment. A Superior 6.1.5 SUPERIOR COURT Court commissioner holds office during the pleasure 6.2.5 Temporary judge of the court appointing the commissioner and may a. A temporary judge can be appointed by the not engage in the private practice of law. court on stipulation of the parties litigant. The b. Every court commissioner has the following judge must be a member of the state bar. powers: b. A temporary judge may try a cause to its (1) In the absence or inability of the judge final determination. to act, to hear and determine ex parte motions for [Const., Art. VI, §21] orders and writs (except injunctions). (2) To take proof and report his concluaions 6.1.6 MUNICIPAL COURT as to any matter of fact other than an issue of 6.2.6 Trial court commissioner fact raised by the pleadings. a. The commissioners of Municipal Courts must (3) To take and approve bonds and examine meet the same qualifications the law requires of a sureties, administer oaths, take affidavits and judge. They hold office during_the pleasure of the depositions, and take asknowledgmens and proofs court appointing them and may not engage in the of instruments. private practice of law. They are ex officio (4) To charge and collect the same fees for deputy clerks. the performance of official acts as are allowed for b. Within the jurisdiction of the Municipal notaries public, except where compensation is Court and under the the direction of the judges, otherwisP14xed by law. commissioners may have the same jurisdiction and (5) To provide an official seal and authen- exercise the same powers and duties as are author- ticate his official acts with such seal. ized by law to be performed by commissioners of the In counties having a population of 900,000 or Superior Courts and such additional powers and more, court commissioners have enlarged powers. duties as may be prescribed by law. At the direc- Subject to the supervision of the)ourt, court tion of the judges, commissioners may have the same commissioners in these counties may perform the jurisdiction and exercise the same powers and following duties: duties as the judges of the Municipal Court with (1) Hear and determine ex parte motions for respect to'any infraction. A commissioner of a orders and alternative writs and writs of habeas Municipal Court may conduct arraignment proceedings corpus. if directed to perform such duties by the presiding (2) Take proof and make and report findings or sole judge of the court. as to any matter of fact, subject to the right of [Cal. Gov. Code §§72190, 72190.1] a party to argue exceptions to the court. (3) Take and approve bonds and examine 6.1.7 MUNICIPAL COURT sureties, administer oaths, take affidavits and 6.2.7 Traffic referee depositions, and take acknowledgements and proof a. The judges of a Municipal Court having three of instruments. or more judges may appoint a traffic referee who (4) Act as judge prn tempore when otherwise holds office at the pleasure of the judges. A qualified so to act. traffic referee must be a member of the California (5) Hear and report findings on all prelimi- State Bar or must have had 5 years of`experience

170

C. 1 GP as a Justice Court judge in California immediately appoint an attorney to act as temporary judge. preceding his appointment as a traffic referee. b. Temporary judges are empowered to hear a b. At the direction of the court a traffic ref- cause to its final determination. eree may perform the following duties: (1) with [Const., Art. VI, 121; Cal. Rules of Court, respect to any misdemeanor violation of the Vehicle Rule 532(a)1 Code, he may fix the amount of bail, grant continuances, arraign defendants, hear and recommend Judicial Discipline orders to be made on demurrers and motions other than continuances, take pleas, and set cases for 7.1 Commission on Judicial Performance. The com- hearing or erial; (2) with respect to any misde- mission is the constitutional body authorized to meanor viplation under subdivision (b) of Section investigate complaints of alleged judicial miscon- 42001 of the Vehicle Code (failure to appear), in duct. The commission consists of two judges of the

,.. addition to the above duties, he may impose a fine Courts of Appeal, two judges of the Superior Court, following a plea of guilty or nolo contendere, may and one judge of the Municipal Court, all appointed suspend payment of the fine, and may order the de- by the Supreme Court; two members of the state bar fendant to attend traffic school; (3) with respect who have practiced law in the state for 10 years, to any infraction, he may have the same jurisdic- appointed by the governing body of the state bar, tion and exercise the same powers and duties as a and 2 public members, appointed by the Governor judge of the court. In conducting arraignments, subject to approval by the Senate. taking pleas, granting contyuances, setting cases [Const., Art. VI, 581 for trial, and imposing penalties for traffic of- 7.2 Authority and procedure for sanction. Prior 4 fenses, a traffic referee has the same powers as a to any disciplinary recommendation, a hearing is judge of the court. held before the Commission on Judicial Performance (Cal. Gov. (ode 5572400, 72401, 724021 or upon the commissions's request, before special masters appointed by the Supreme Court. The spe- 6.1.8 MUNICIPAL COURT ial masters are judges of courts of record, except 6.2.8 Referee that when there are three special masters, not more a. A reference may be ordered to the person or than two of them may be retired judges of courts persons, not exceeding three, agreed upon by the of record. A recommendation by the commission to parties. If the parties do not agree upon the ref- censure, remove, or retire a judge is reviewed by erees, the court or judge must appoint one or more the Supreme Court upon a petition to modify or re- referees, not exceeding three, who reside in thf ject the recommendation. But where the disciplin- county and against whom there is no legal objec- ary proceeding involves a Supreme Court justice, tion, or the reference may be made to the court the commission's recommendation to censure, remove., commissioner of the county. ._ or retire is subject to review instead by a tribu- b. When agreed to by the parties litigant, ref- nal consisting of seven Courts of Appeal judges se- erees can conduct the trial of the cause. lected by lot. [Cal. Code 61v. Proc. 5638 to 6451 [Const., Art. VI, 518(e), Cal. Rules of Court, Rules 907, 919, 921; see McComb v. Commission 6.1.9 MUNICIPAL COURT on Judicial Performance, Vol. 19 California 6.2.9 Temporary Judge Supreme Court Reports, 3d series Special Tri- a. On stipulation of the parties, the court can bunal Supplement, pp. 1, 71

, Figure 1:Colorado court system, 1980 / SUPREME COURT 7 iut ices risdit ion bourt.ut -!nit lel appellate jur I sci I ct ion in ale involvingonst I tut tonality of last atatuien, municipal charter provi- resort sions, or ordinam ea, act ions of Pshlirlltliities Cosimtsion, water r ages, and Pier(' fon Code. - Cert iorarlf fon other rourta,

COURT Of AP EF AI Water rale,. I O judges Crrrratituti,tnalitv of lu r i s d let ion siarrries, ordinance Appels f rom lowerour t +, indest Commiaston, Ranking hoard, hoard Intermediate or Municipal chrter appellate provision. Appeals of Medical Examiners, Board of emir t f root nenver County Dental Examiners, Commissioner ot r flirtby certiorari. Insurance, hoard of Education on teacher dismissal proceedings, and Civil Right+ Commission.

DISTRICT WWI' (22) 106 lodges

WATER COURT (7) DISTRIC.T COURT (22) 7 ditrict judges serve 99 judge+ lisristitct ton Jurisdict ion Exclusive original Juni.- Originaljur I sdict ion in doziest i dicr ion in di spute over re lat ions, prolate, and mental health matter. except in Denver. coo r t il water right, nd the general Advil list ra, Ion of water. Originaljurisdict ton inrinittal Matter,. jun I sd I rt ion Juvenile matters except in Deo,er. Appeals on record. Court has di sc ret ton to order t r ia I+ de novo. Jury trial+.

CUPERfoR eOrRI DFATtli Al0'1I-N111.I HURT I judge 1 judges lu r I scltu t I on It, I sd It Civil artirrn,t between $1,000 - EX. lrotivejurisdiction sod s %ono. ind op t ion, parent agi , Appeals on recordf roe Denver and support matters. Cciunt y Court. - Ex, lusiveInt isdict Ion Juryt rials. In Juvenile Matters. trials.

Deever County Court courts of only (which sits record. as both a Muni, tpa and County (,ourt Courts of limited in RI NI' IPA! (WIT (21)) COUNTY ('OURT (n )) DENVI. 0 EROHATii jor I sd:i t Ion pidgeis OR judges I judge rim lur isdl t ion Jur isd t Ion Fs( t ton lirrn1ipa r,119,41,ev.irri it - Ci vi Iart ions onder SI ,inr) ex, optt It les t non r all prurbate und Trart Jt''e inea. or imenindary of real properiv. / aims (Muni Lia I iurts are sot prt1. not of division handles cages under 55O0, mental health nearing,. ifthe stateriort ysteal. record. - Preliminary hearings, misdemeanors, and developmental ills+ are organized and operated and statutory of fens.... disability ratters. at tne In, al level hut =rat ad- Traffic offenses. torst rials. here rsi Supreme rxrurt rule, Oppea Is de nov, Jury trials.

tIndic atom roots ppeal.

r 11 COLORADO

Court of Last Resort college graduate and have thorough experience in court administration. The administrator has re- 1.1 SUPREME COURT. The Supreme Court sits in ponsibilities as delegated by the court. Denver. The statutes presently require three [Const., Art. VI, 15; A Report on the Position separate terms beginning the second Monday in Classification, p. 12211 September, January, and April. Special terms may 1.6 Rule-making. The Supreme Court hat the power be requested by the Supreme Court. to promulgate general rules of practice and proce- [Constitution, ArticlejI, Section 4; Section dure for the courts of record. The court promul-

13-2-101 Colorado Revised Statutes 1973 (here- , gates rules governing the administration of all inafter C.R.S. 1973)1 courts. It may make rules of practice, and pre- 1.2 Organization. The Supreme Court sits en banc scribe forms of process and regulations for the to decide all matters. keeping of records and proceedings of the court, [State Court Administrator] not inconsistent with the constitution or laws of 1.3 Jurisdiction the tate. a. The Supreme Court has power to issue writs [Const., Art. VI, 152, 21; 1113-2-108, of habeas corpus, mandamus, quo warranto, certio- 13-2-109, 13-2-110 C.R.S. 19731 rari, injunction, and other original and remedial N\ writs. The court may give its opinion on important Intermediate Appellate Court questions when required by the Governor or legislature. It has jurisdiction in matters relating 2.1 COURT OF APPEALS. The Court of Appeals sits to the admission, grievances, and registration of in Denver but any division of the couft may sit in attorneys, and the maintenance of the law library. another county seat to hear oral arguments. The b. The Supreme Court has final appellate review court sits in continuous session. over every final judgment of all trial courts. The [i13-4-107 C.R.S. 1973; State Court Adminis- court has other appellate review as provided by 0 trator] law. 2.2 Organization. The Court of Appeals, a court [Const., Art. VI, ISZ, 3; IS13-2-117, 13-2-118 of statewide jurisdiction, sits in divisions of C.R.S. 1973, Colorado Rules of Civil three judges each to determine all mattefs. The Procedure, Rule 2421 chief judge makes the division assignments with the 1.4 Justices (7) approval of the Chief Justice. a. The Supreme Court selects a Chief Justice [i13-4-106 C.R.S. 19731 from its own membership. The Chief Justice serves 2.3 Jurisdiction at the pleasure of the court. a. The Court of Appeals has no original juris- . b. Sbpreme Court justices must be qualified diction. voters of the state and must have been licensed to b. The Court of Appeals has initial jurisdic- practice law in the state for 5 years. tion over ppeals from the District Court, Superio c. Supreme Court justices are appointed by the Court, Denver Probate Court, and Denver Juvenile Governor from a list of three nominees submitted Court with the following exceptions: by the Supreme Court Nominating Commission (refer- (1) Cases in which the constitutionality of ence Table 12: Charactertstics of judicialnominst-' a statute, municipal charter provision, or ordi- ing commissions). After serving for 2 years, a nance is in question. justice may then run for retention on a nonparttsah (2) Decisions of the Public Utilities Com- ballot for a fUll term of 10 yeafs. mission. IConst., Art. VI, 115, 7, 8, 20, 251 (3) Water cases involving przorities or 1.5 Administration. adjudications. a. The Chief Justice is the executive head of (4) Writs of habeas Corpus. file court system, The Supreme Court exercisiss (5) Cases appealed from the County Court to administration and supervision over the entire the District Court. or Superior Court. (6) Cases appealed from the Municipal Court court system through the State Court Adminis- . trator, chief judges, and trial court adminis- to (he District Court or Superior Court. trators. Reference Section 5.1 (General adminis- The Court of Appeals has initial jurisdic-' trative authority). The Chief Justice, however, tion to review actions of the Industrial Commission has no specifically articulated duties with regard and of the Banking Board regarding charters,The to the administration of the Supreme Court. Court of Appeals issues any writs, directives, b. Reference Section 5.2.b (state-level admin- orders, and mandates necessary to the determination istrator). of cases within its jurisdiction. c. The Stat. Court Administrator serves as [113-4-102 C.R.S. 1973; State Court Adminis- clerk. He is selected by the Supreme Court and , tratorl serves at th. pleasure of the court. He must be a

173 2.4 Judges (10) county of Denver, may review any final judgment of a. The chte judge ts selected from the Court any County Court within the district. The District of Appeals judges by the Chief Justice, and serves Court reviews judgments, on the record, from a qualified Municipal Court of record withtn the dis- at his pleasure. His term as chief judge is determtned by the Chief Justice. trict. b. Court of Appeals judges must be qualified (Const., Art. VI, 19, 1976 Annual Report, p. voters of the state and must have been licensed to 115; State Court Admtntstrator) practice law tn the state for 5 years. 3.4 Judges (106) 1 . c. Court of Appeals judges are appointed by the a. There is no provision for a chief judge over The Chief Governor from a list of three nominees submttted all the districts of the District Court. by the Supreme Court Nominating Commission Justtce fills this role. The chief judges of the (reference Table 12: Characteristics of judicial individual districts are appointed by and serve at nominating commissions). After serving far 2 the pleasure of the Chief Justice. years, a judge may then run for retention on a b. District Court judges must be qualified nonpartisan ballot for a full term of 84Iears. voters of the tate at the time of their selection, (Const., Art. VI, 1120, 25, 1113-4-103, and muot have been licensed to practice law in the 13-4-104, 13-4-105 C.R.S. 1973) state for 5 yea s. Each judge of the District 2.5 Admtntstration Court must be a esident of hts judicial district a. The chtef )udge has admintstrattve authority during his ter 4> of office. over the Court, to the extent delegated by the c. District Court judges are appointed by the Chtef Justice. The chief judge is responsible for Governor from a list of two or three nominees the assignment of judges to divisions and the sflected by the District Nominating Commission transfer of cases within the court and may, with (reference Table 12: Characteristics of judictal other members of the court, appoint court personnel nominating commissions). After serving for 2 years, as authorized by the Supreme Court through a com- a judge may then run for retention on a nonpartisan prehenstve statewtde personnel staffing plan. ballot for a full term of 6 years. b. The admintstrator of the Court of Appeals iConst., Art. VI, 115,10,11, 20, State Court Administrator) ts the clerk. . c. The clerk is selected by the judges of the 3.5 Administration court and erves at their pleasure. Qualifications a. The Chief Justice of the Supreme Court for clerk of the Court of Appeals are as follows: exercises administration over all ;he districts of graduation from an accredited college or univet- the District Court. The chief judges of the sity, and considerable experience in court adminis- individual districts have admtnistrative authority tratton or a master's degree in judicial adminis- as delegated by the Chief Justice,The chief tration. The clerk ts responsible for all admin- judges have power with the other judges of the tstrative services of the court, direction of COurt to appoint clerks and personnel as authorized personnel, procurement of supplies and equipment, by the Supreme Court through a comprehensive state- and other duties of a court administrator. wide personnel staffing plan. (1113-3-105, 13-4-105, 13-4-106, 13-4-111 b. There is no provision for an adminietrator An C.R.S. 1973; A Report on the Position Classifi- over all the districts of the District Court. catton, p.1222; State Court Administrator) administrator for each district may be elected by 2.6 Rule-maktng. Rule-making powers restde in the the chief judge of the district in consultation Supreme Court. Reference Section 1.6. with the other judges (who may also interview can- iConst., Art. VI S21; 1113-2-108, 13-2-109 didates) subject to the approval of the Chief Jus- C.R.S. 19731 tice. There are two small districts that combine chief judge and district administrator responsibil- Court of General Jurisdiction itie. District administrators are responsible for the administration of all court of record in their 3.1 DISTRICT COURT. Terms are fixed by court rule. districts, includtng the County Court, except for 1113-5-101 C.R.S. 1973) the Denver County Court, which has Its own admin- 3.2 Organization. There are 22 judtcial dis- istrator. tricts, composed of one to seven counties. Each c. Chief judges are authorized to appoint county has a District Court. Separate divisions clerks. Clerks kerve as custodians of court of the Dibtrtct Court may be established by law, records. or by rule of court. [Const., Art. VI, 15; 1113-1-101, r3-1-102, [Const., Art. VI, 110, 113-5-102 to 113-5-123 13-1,,119 C.R.S. 1973; State Court C.R.S. 1973; State Court Administrator] Administrator} 3.3 Jurisdiction 3.6'Rule-makinge Rules of procedure for the a. The District Court, except in the city and District Courts are prescribed by the Supreme county of Denver, has original jurisdiction in all Court. Reference Section 1.6. The judges of the crtmtnal, civil, probate, and juvenile cases. District Court sit en banc to make rules to facil- Denver District Court has original jurisdicton in itate the transaction of business in the courts criminal and civil cases only. Jurtsdiction over and provide for the classificatton, arrangement, other matters has been given to the Denver Juvenile and di'stribution of the business of the court Court, Denver Probate Court, and Denver Superior among the judges. These rules are subject to Court. approval by the Supreme Court. Exclusive original jurisdiction in disputes [1113-2-108, 13-2-109, 13-5-133 C.R.S. 19731 over water rights is vested in the District Court. The tate ts divided into -seven water divisions Courts of Limited or Specie Jurisdiction with one District Court (commonly referred to as Terms of the court thett"Water Court") handling all.waters matters in 4.1.1 DENVMSUPERIOR COURT. eaeh water division. may be regulated by rules of the Superior Court. 1113-7-103 C.R.S. 1973) b. The District Court, except in the city and 4.2.1 Organization. The Denver Superior Court is juveniles under 14. In noncapital felony cases, the only Superior Court in Colorado, although the exclusive juvenile court jurisdiction extends to statutes provide for a Superior Court in each age 16, and concurrent jurisdiction (with the coullty or a combined city and county (only Denver District Court) to age 18, with some minor excep- is a combined city and county) having a population tions. In criminal cases involving a child over of 300,000 or more inhabitants. Specialized divi- 16, the Denver Juvenile Court may determine whether sions may be regulated by court rule. it serves the best interest of the child or public [SS13-7-101, 13-7-103 C.R.S. 1973; State Court to try that case in the Juvenile Court or in the Administrator] District Court. A hearing must be held to deter- 4,3.1 Jurisdiction mine jurisdiction. The Denver Juvenile Court has a. The Superior Court has original jurisdiction exclusive original jurisdiction in cases involving concurrent with the Diserict'Court in all civil neglected, dependent, and delinquent children, actions wherein the amount in contest is between children needing oversight, and adults who encoUr- $1,000 and $5,000. age delinquency or neglect or abandon a child; b. The Superior Court has exclusixe jurilidis- custody hearings, adoptions, child support he/1'r- tion to affirm, reverse, remand, modify or try de ings, and paternity suits. novo cases appealed from the County Court. b. The Denver Juvenile Court has no appellate [S13-7-102 C.R.S. 1973] jurisdiction. 4.4.1 Judges (1) [SSI3-8-103, 19-1-103 C.R.S. 1973; State Court a. The Denver Superior CJurt has one judge, who Administrator] serves as the presiding judge. 4.4.2 Judges (3) b. Superior Court judges must have the same a. The judges sit en banc to select a presiding qualifications as district judges. Reference Sec- judge, subject to the approval of the Chief tion 3.416. Justice. c. Superior Court judges are appointed by the b. Denver Juvenile Court judges must meet the Governor from a list of two or three nominees sub- some qualifications as District Court judges. mitted by the District Nominating Committee (refer- Reference Section 3.4.b. ence Table 12: Characteristics of judicial nomi- c. Denver Juvenile Court judges are appointed nating commissions). After serving for 2 years, a by the Governor from a list of two or three judge may then run for retention on a nonpartisan nominees submitted by the District Nominating Com- ballot for a full term of 6 years. mittee (reference Table 12: Characteristics of [Const., Art. VI, S20; S13-7-105 C.R.S. 1973] judicial nominating commissions). After serving for 4.5.1 Administration 2 years, a judge may then Tun for retention on at a. Thepresiding judge has administrative nonpartisan ballot for a full term of 6 years. authority as delegated by the Chief Justice. The [Const., Art. VI, SS15, 20; 13-8-108, 13-8-109, presiding judge appoints/personnel as authorized 13-8-112 C.R.S. 1973] 4 by the Supreme Court thkough a comprehensive state- 4.5.2 Administration wide personnel taffin4 plan. Administrative a. Thi presiding judge of the Denver Juvenile coordination with oth r courts is effected through Court has administrative authority as delegated by the presiding judge,. the Chief Justice. The presiding judge and the b. The administrator of the Superlor Court is other judges of the court appoint such personnel the clerk. as authorized bi the Supreme Court through a com- c. The clerk is selected by the presiding judge prehensive statewide personnel staffing plan. of the court and serves at his pleasure. He must b. The Director of Apenile Court Services is be a college graduate with major course work in the administrator. He iS selected by the judges public admirlistration or in a related field, and of the court and serves at their pleasure. He must have experience in an administrative capacity. The have a master's degree in psychology, social work, clerk performs duties as assigned. or a closely related field, and thorough experience [Const., Art. VI, S5; S13-7-106 C.R.S. 1973; A with broad administrative responsibilities in a Report on the Position Classification, p. 1222; court. The director plans and directs the adminis- State Court Administrator] tration of all programs of the Juvenile Court, 4.6.1 Rule-making. Practice and procedure are prepares budgets, and is responsible for all governed by the Supreme Court rules of civil and administrative operations of the court. Also criminal procedure. The Superior Courts may make reference Section 5.2.b (state-level administra- rules to facilitate the business of the court. tor). [S13-7-103 C.R.S. 1973] c. The clerk, who is appointed by the court, performs the same duties as a District Court clerk. 4.1.2 DENVER JUVENILE COURT (or District Court in Reference Section 3.5.c. Juvenile Matters). The term of the Denver Juvercile [Const., Art. VI, Ss; S13-8-110, 13-8-112, Court is set by court rule. There must be at least 13-9-109 C.R.S. 1973; A Report op the Position one term a year. Classification, p. 1202; State Court Adminis- [Const., Art. VI, S12] trator] 4.2.2 Organization. The jurisdiction of the 4.6.2 Rule-making. Rules of procedure for the Denver Juvenile Court is limited to the city and Denver Juvenile Court are promulgated by the county of Denver. The Juvenile Court may have Supreme Court. Reference Section 1.6. The Denves\ special divisions to facilitate the business of the Juvenile Court has the power to make rules not in court. These divisions are defined by court rule. conflict with rules of the Supreme Court or other [S13-8-103, 13-8-115 C.R.S. 1973] laws of the state for the conduct of the court's 4.3.2 Jurisdiction business. The court rules are subject to review a. The Denver Juvenile Court has exclusive by the Supreme Court. jurisdiction in capital criminal cases involving [SS13-2-108, 13-2-109, 13-8-115 C.R.S. 1973]

175 4.1.3 MYER PRORATE COURT. The terms of the court [SI 6-302 C.R.S. ]973] are fixed by court rule, but at least one term must 4.2.4 Or nization. The County Court sits in the be held each year. county se t, and may provide for hearings and [$13-9-113 C.R.S. 1973) trials in other locations.Where city boundaries two counties, the County Court may sit 4.2.3 Organization. The Denver Probate Court is are withi the only Probate Court and sits in the city of any place thin the city, provided that venue is The Small Claims Court is a Denver. properly de ermined. [See $13-9-113 C.R.S. 1973] specialized division of the County Court. 4.3.3 Jurisdiction 1$13-6-303 C.R.S. 1973] 'a. The Denver Probate Court has original and 4.3.4 Jurisdiction exclusive jurisdiction in the city and county of a. Except in Denver, the County Court has con- Denver regarding probate, inheritance, and testa- current original jurisdiction with the District mentary matters and the guardianship of minors, Court in misdemeanor violations of state laws absentees, and incompetents. (except those that involve juveniles), issuance of b. The Denver Probate COurt has no appellate warrants, and preliminary hearing and bail in Children under 18 are jurisdiction. felonies and misdemeanors. [Const., Art. VI, $14; $13-9-103 C.R.S. 1973] not included unless the offense is a felony punish- 4.4.3 Judge (1) able by death or life imprisonment. The County a. The Denver Probate Court has one judge, who Court has concurrent jurisdiction with the District serves as.the4residing judge. Court in civil suits in which the debt or damages b. The Probate Court judge must be a qualified claimed do not exceed $1,000, in forcible entry and voter of the city and county of Denver and must detainer actions up to $1,000, petitions for change have been licensed tp practice law in the state for of name, and the issuance of peace bonds. The 5 years. He Rust be a resident ef the city and Small Claims Court has concurrent original juris- county of Denver during his term of office and he diction with the District Court in all civil may not engage in the private practice oflaw while actions up to $500. The County Court has no jurisdiction in matters of probate, mental health, in office. c. The Probate Court judge is appointedby the juveniles, dissolution of marriage, or real prop- Governor from a list of two or three nominees sub- erty. mitted by the District Nominating Commission b. The County Court has de novo appellate jurisdiction from a Municipal Court not of reco (reference Table'19: Characteristics of judicial nominating committees). After serving for two within the county. years, a judge may then run for retention on a [Const., Art. VI, S20; $$13-6-104, 13-6-1 nonpartisan ballot for a full term of 6 years. 13-6-106 C.R.S. 1973; State Court Admin [Const., Art. VI, S20; $$13-8-108, 13-9-104, trator] 13-9-105, 13-9-107(1) C.R.S. 1973] 4.4.4 Judges (108 judges--89.3 FTE) a. The court rules of each Cbunty Cou_t pr ide 4.5.3 Administration a. The presiding judge of the ProbateCourt has for the selection of a presiding judge. I there administrative authority as delegated by the Chief are no rule provisions, the ChiefJustice.of-the Supreme Court selects a presiding judge. The Justice. The presiding judge appoints personnel Denver County Court presiding judge is selected by as authorized by the Supreme Courtthrough a comprehensive statewide personnel staffing plan. the mayor and serves a 1-year term, which can be b. The clerk of the Probate Court is the admin- renewed. b. County Court judges must be qualified voters istrator. Reference Section 5.2.b (state-level of the counties in which*they are elected or administrator). c. The clerk is selected by the judge of the appointed and must reside there as long as they are Probate Court and serves at his pleasure. He must judges. be a college graduate with major coursework in In class A & B counties: Judges must be public administration or a related field, and have admitted to the practice of law in the state. They considerable experience in a court or related must devote full time to their judicial duties and They administrative work. The clerk is responsible for not engage in the'private practice of lag. the administration of all clerical proceedings in also serve as municipal judges in counties of class the court. The responsibilities of the clerk A, but not class B. include mattersas may be assigned to him by law, In Class C & D counties: Judges must be high by court rules, mid by the probate judge. school graduates (or have attained certificates of [Const., Art. VI, S5; $$13-9-109, 13-9-110, equivalency). County judges, if lawyers, may en- ' 13-98-109 C.R.S. 1973; A Report on the gage in the private practice of law in courts Position Classification. p. 1223; State Court other than the County Court ond in matters that Adminis- trator] have not and will not come before the County Court. The County Court judges may serve as municipal 4.6.3 Rule-making. Practice and procedure in the Probate Court are,governed by special laws for judges. Nonlawyer judges may not take office until matters within its jurisdiction and by the rules they have attended the institute on the duties and of probate procedure and civil procedure. The functioning of the County Court, held under the Probate Court has the power to make rules for the supervision of the Supreme Court. This requirement conduct of its business lo the extent that such may be waived by the Supreme Court. rules are dot in conflict with the rules of the c. County Court judges are appointed by the Supreme Court or state law. Governor from a list of two or three nominees [$$13-9-111, 13-9-112 C.R.S. 1973; State Court selected by the District Nominating Commission Characteristics of judicial Administrator] (reference Table 19: nominating committejs), except for the Denver County Court where judge selection is determined 4.1.4 COUNTY COURT. The County Court must have at leapt one term per }ler, or as specified by court by city charter. After serving for 2 years, a rule.

1 (13 176 t. judge may then run for retention on a nonpartisan [SS13-10-108, 13-10-109 C.R.S. 1973] ballot for a full term of 4 years. 4.6.5 Rule-making. The presiding judge of any Mu- [Const., Art. VT, S16; SS13-6-203, 13-6-203(5), nicipal Court has the authority to issue local 13-6-204, 13-6-205, 13-6-215, 13-9-213 C.R.S. rules of procedure consistent with rulee-af pro- 1973; State Court Administrator) cedure adopted by the Supreme Court. 4.5.4 Administration [S13-10-112 C.R.S. 1973] a. The administrative authority of the presiding judges is determined by rules of the court, or State-Level Administration A by the Chief Justice of the Supreme Court. b. The administrators are the County Court 5.1 General administrative authority. The Chief clerks. Reference Section 3.5.b (Administration). Justice is the executive head of the judicial sys- c. Clerks perform the same duties as District tem. The Supreme Court selects a State Court Ad- Court clerks. Reference Section 3.5.c (Administra- ministrator and provides for administrative per- tion). In small counties, however,,the judge may sonnel, including trial court administrators, for serve as his own clerk. the courts. The Chief Justice selects chief judges [SS13-6-211, 13-6-212, 13-6-215, 13-9-109 for the District Courts and the Court of Appeals. C.R.S. 1973] He may assign retired judges to work in the courts 4.6.4 Rule-making. Each County Court has the power where needed. He assembles all judges annually to to make its own rules, not in conflict with the discuss recommendations made by the State Court rules of the Supreme Court. All County Court Administrator and business that will benefit the rules are subject to review by the Supreme Court. judiciary. The Chief Justice submits an annual The legislature has power to provide simplified report to the Governor and to the legislature re- rules for the Small Claims Court. In a County garding the administration of the courts. Refer- Court with more than one judge, the court makes ence Section 1.5.a (Administration). rules regarding the allocation of the business of [Const., Art. VI, SS4,5; SS13-3-102, 13-4-105 the court. C.R.S. 1973] [Const., Art. VI, S2; SS13-5-113, 13-5-133 5.2 Office of the State Court Administrator C.R.S. 1973] a. There is no specific authorization for the administrative office. 4.1.5 MUNICIPAL COURT. The terms of the Municipal b. State Court Administrator Court are set by local court ru,les, charter provi- (1) The State Court Administrator's position sions, and ordinances. is established by the constitution and by statute. [Colorado Municipal Courts, pp. 1,2] (2) The State Court Administrator is ap- 4.2.5 Organization. The Municipal Courts sit in pointed by the Supreme Court.He must be a col- their respective municipalities. Local court rules lege graduate and have thorough experience in fix specialized divisions of the Municipal Court. court administration. [S13-10-112 C.R.S. 1973] (3) The State Court Administrator makes a 4.3.5 Jurisdiction continuous survey of the conditions of the dockets a. The Municipal, Court ttries all municipal and the business of the courts. He makes recom- ordinance violations. It may or may not be a court mendations and reports thereon to the Chief Jus- of record, depending upon the particular establish- tice. He prescribes the procedures to be used by ing ordinance of the municipality. the Judicial Department with respect to the prep- b. The Municipal Court has no appellate juris- aration of budget requests and any matters relat- diction. ing to fiscal administration. He prepares a com- [S13-10-104 C.R.S. 1973; State Court prehensive personnel classification system and

Administra- * staffing plan for all courts in the state system. tor] He consults with the state comptroller in prepara- 4.4.5 Judges (15 full-time, 225 part-time) tion of regulations pertaining to budgetary and a. The Titunicipil governing bodies appoint pre- fiscal procedures and forms, and the disbursement siding Municipal Court judges, who serve in this of funds. The State Court Administrator prepares capacity during the term for which they are an annual consolidated budget for all the courts appointed. of record, subject to the provisions of S13-3-104 b. Municipal Court judges must be high school C.R.S. 1973. graduates or have equivalency certificates. Pref- c. Office organization. The Office of the erence is given Co the appointment of a Municipal State Court Administrator consists of 47 people: Court judge who is licensed to practice law or is 42 professionals (including the State Court Admin- trained in the law. istrator) and 5 clerical personnel. The profes- c. Munie,ipal Court judges are appointed by the sional staff provides support services in the fol- *4 municipal governing bodies unless otherwise r lowing areas: systems analys'is, programming, re- ovided in the city charters. Judges are to be cords management, forms development, and field re- app nted for terms that are not less than 2 years. presentation; probation coordination, court re- They may be reappointed. porting, court coordination; other court services, [SS13-6-203, 13-10-105, 13-10-106 C.R.S. 1973] and facilities management; payroll, accounting, 4.5.5 Administration audit, budgeting, and purchasing; training and pub- a. The duties of the presiding municipal judges lications; personnel systems and office management; are determined on a local basis. legislative,.executive, public, ahd media informa- b. There are rio provisions for administrators tion and legislative liaison; and planning and re- for the Municipal Court. search activities, which include statistical comi c. Unless the municipal governing.body deter- pilation, judicial planning, research, statistical

mines the workload of the court i ns ficient to analysis,' legal Services. justify a clerk, a clerk is appointed by the gov- [State t Administrator] erning body and rforms duties p scribed by law and the Municipa Court judge.He ust be bonded. lr 4011. 177 Figure 2:Colorado state-level administrativeoffice of the couris, 1980

Stat. Court Adminitrator

Deputy State Court Administrator

Administrative Lesal Asmiatant Officer

- Committee .up- Committee support port as as- s assigned signed bySCA - Legal matters Speclal project. - Legislation or asmignments Rule. review from SCA Duties assigned by SCA

Planning Field Data Facilitie. Permonnel Financial and Service. Proce.sing Management Services Services Analymis Services Service. 4 Statistical Auditing Symtems analysis Facilities - Peroonnel Budgeting Accounting and research Program coordi-and design planning - Training Programming control Planning nation - Judicial/ - Court reporter Grant adminis---Trial Court Operation. (until Heritage activities Purchasing tration or --Juvenile'Court July 1,1979) complex monitoring --County Court User liaison User training - JPC planning --Probation Communication.

1 --Internal (Ramos, directives, etc.) --External (newsletter, public education, etc.) Special project. (e.g., prementence vent, etc.)

178 Quesi-Judicial Officers appointed if approved by the Chief Justice. All referees must be attorneys admitted to the practice 6.1.1 DISTRICT COURT of law in Colorado. They are appointed by the 6.2.1 Water referee judges of the court where they sit. a. Water referees must be qualified by expe- b. Small claims referee* hear amall claims rience and training, and a master's degree in matters in the County Courts of the larger coun- engineering is desirable.Water referees are ties. While acting as a referee for small claims, appointed by and serve at the pleasure of the a referee has the same powers as a judge. If any District Court judge who is designated water judge. party objects to the referee, that party's case is b. The teferee conducts investigations regard- referred to a judge. ing water rights and rules on applications for [S13-6-405 C.R.S. 1973] water rights. [SS37-92-203(4), (5), (6), 37-92-302, 37-92-303 Judicial Discipline C.R.S. 1973; Position Description Number 3111; Parajudges: Their Role in Today's Court Sys- 7.1 Commission on Judicial Qualifications. The tems, p. 361 membership of the Commission on Judicial Qualifi- cations includes three judges of the District Court, 6.1.2 DISTRICT COURT and two judges of the County Court selected by the \ 6.2.2 Domestic relations referee Supreme Court; two citizens admitted to the prac- a. Domestic relations referees must be admit- tice of law in the state, who have been practicing ted to the practice of law. They are appointed by for 10 years (neither of whom may be a judge), the judges pursuant to court rule. appointed by majority action of the Governor, b. The referee hears various kinds of cases Attorney General, and Chief Justice; and two assigned by the judges including uncontested cases citizens not admitted to the bar, appointed by the and temporary orders. Governor. [State Court Administrator] [Const., Art. VI, §23] 7:2_Authority and procedure for sanction. A judge 6.1.3 DENVER JUVENILE COURT or justioe may be removed for willful misconduct 6.2.3 Commissioner in office'r persistent failure to perform his a. Commissioners must be lawyers and are ap- duties, or hecause of a disability that interferes pointed by and serve at the pleasure of the court. with the petlormance of his duties. The Commission b. Commissioners may hear any case in the a on Judicial qualifications reviews the matter, or court's jutrisdiction and report their findings and it may refer/the case to a panel of three special recommendations to the court. masters (heating officers) who investigate and [S19-1-110 C.R.S. 1973; Parajudges: Their report-thtir findings to the commission. If the Role in Today's Court Systemsp. 36] commission finds good cause for removal, that recommendation is made to the Supreme Court. Alpi 6.1.4 COUNTY COURT proceedings of the commission are confidential. 6.2.4 Small Claims Referee The Supreme Court reviews all proceedings and may a. In class A counties, referees for small order removal or retirement, or it may reject the claims matters may be appointed by the presiding commission's recommendation. judge. In class B counties, referees may be [Const., Art. VI, §231

179 Figure 1:Connecticut court system, 1980

SUPRIMI COURT 6 _tomtits. Jurisdiction: - Direct appogle from Superior Court in matter. not within the jurisdiction of the Ap- Court of pellate Sessions of the Suporior Court. last - Appeals from the Appellate Sessions if cert- resort ified by the Suporior or Supremo Court. - Appeals In law and equity over $7,500, and felony criminal casee.

APPELLATE SESSIONS OF THE SUPERIOR COURT 3 Superior Court Judge& serve Juriadiction: - Civil appeala for legal or equitable relief Appoala not in which the amount in controversy is le.. within the than $7.500. Juriediction Appeal. from landlord-tenant mummery proof the Appol- ceedings, paternity and support proceeding., Intermediate late Se:141one. and any proceeding dealing with URESA. appellate - Appeals from ordinance violation, and any court criminal action& in which the fine is not in excees of $1,000 or the sentence ie not in excess of one year. Appeal. from violations of the motor vehicle laws except where punishment is &leo imposed on any other felony count. IMMO.

SUPERIOR COURT (11) 110 judges Jurisdiction: Court of - Original Jurisdiction in all matter. except general L probate. juriediction / Appoals de novo from Probate Court and from adminietrative agencies. Jury trials.

PRORATE COURT (130) 130 Judges Jurisdiction: Court of - Original juriediction in probate, adoption limited proceeding., appointment of guardian., and juriediction mental health.

tIndicates route of appeal.

180 CONNECTICUT

Court of Last Resort 1.6 Rule-makina.. Rulemaking authority for the Supreme Court is vested in the Supreme Court. 1.1 SUPREME COURT. Terms of the court are held at Rules that modify, supersede, or suspend any stat- Hartford beginning on the first Tuesday of each ute relating to pleadingOsactice, and procedure month, except July, August, and September. Special in existence on July 1,1957 are subject to dis- terms may be held at the discretion of the court. approval by resolution of the General Assembly. (Connecticut General Statutes Annotated Public hearings on proposed rules are held at least (hereinafter C.G.S.A.) Section 51-200) annually and reasonable notice of same is given in 1.2 Organization. The Supreme Court does not sit the Connecticut Law Journal. in panels or divisions. (Const., Art. 2, Art. 15, 51, C.G.S.A. 1.3 Jurisdiction S51-197c] a. The Supreme Court has the power to issue extraordinary writs. Intermediate Appellate Court b. Appeals from final judgments or actions of the Superior Court are taken to the Supreme Court, 2.1 APPELLATE SESSIONS OF THE SUPERIOR COURT. The except for small claims, decisions of adminis- Chief Court Administrator designates the number of trative agencies, and those matters within the Appellate Sessions and their location. Onlyone exclusive jurisdiction of the Appellate Sessions session has been established, and it sits at ilart- of the Superior Court. There is no right to ford throughout the year (except May, July, August, further review of an Appellate Session decision, and September). except by certification by the Appellate Session IC.G.S.A. S51-197c) or by two judges of the Supreme Court. 2.2 Organization. Each session consists of a panel IC.G.S.A. 5551-197a, 51-197f, 51-199] of three judges and two alternate judges. The 1.4 Justices (6) court has statewide jurisdiction. a. The Chief Justice is nominated by t IC.G.S.A. S51-197c] Governor and appointed by the General Assembly for 2.3 Jurisdiction an 8-year term. a. The Appellate Sessions have no original b. The Chief Justice and associate justices of jurisdiction. the Supreme Court must be members of the state bar b. The Appellate Sessions have jurisdiction and are not permitted to engage in private over appeals from any finalqudgment or action in practice. the following matters: c. Supreme Court justices are nominated by the (1) Any criminal action charging nonsupport Governor and appointed by the General Assembly for of a minor child or children. 8-year terms. (2) Any criminal action wherein the maximum (Constitution, Article 5, Section 2, C.G.S.A. potential punishment may be a fine of not more than SS2-42, 51-47] $5,000 and/or imprisonment of noi more than 5 years 1.5 Administration and the fine imposed is $1,000 or less and/ or a a. The Chief Justice is .the head of theJu4- sentence of."1 year or less. cial Department. He exercises administration and (3) Any violation of an ordinance, regula- supervision over the entire court system through tion, or bylaw of a political subdivision of the the Chief Court Administrator, the executive secre- state. tary, the administrative judges of the Superior (4) Any civil action for legal or equitable Court, the Executive Committee of the Superior relief, in which the amount in controversy is less Court, and the Probate Court administrator. Refer- than $7,500. ence Section 5,1 (General administrative author- (5) Any summary process proceeding relating ity). The Chief Justice has no specifically artic- to a landlord-tenant matter. ulated duties with regard to the administration of (6) Any paternity or support proceeding. the Supreme Court. (7) Any proceeding relating to uniform re- b. Reference Section 5.2.b (state-tevel ciprocal enforcement of support. administrator). (8) Any violation of the laws relating to

. Although the statutes still specify that motor vehicles; except any action where punishment the uperior Court clerki also act as Supreme is also imposed on any other count charging (1) a clerks, those clerks do not perform any capital felony, (2) an unclassified felony punish- function for the Supreme Court other than accept- able by a fine of more than $5,000 or Imprisonment ing appeals and supervising the office of the Su- for more than 5 years or both, (3) a Class A, Class preme Court and ion of the Superior 11, or Class C felony or a Class D felony where Court. The justices o the upreme Court designate punishment is imposed in excess of $1,000 or in and fill the position of chief clerk of the Supreme excess of 1 year. 1 Court. There are no formal provisions for as- [C.G.S.A. 151-197d; Chief Court Administrator] signing administrative duties to the clerk. 2.4 Jud es (3) [C.G.S.A. 151-201; Chief Court Administrator) a. Unless otherwiee provided by the Chief Court Administrator, the judge senior in length of lel nominated by the judicial ervice is designated the presiding judge. c. Superior Court judges are Governor and appointed by the General Assemblyfor The presiding judge is designated for each session, The Chief Court Administrator and erves for the full ssss ion. 8-year terms. thereof. . b. Appellate'Sesslons judges must be membersof assigns judges to the divirions or part 12; C.G.S.A. 1151-47, 51-164t; the state bar and are not permitted to practice (Const., Art. 5, Chief Court Administratotl law. c. The Chief Court Administratorappoints Su- 3.5. Administration a. The position of chief judge wasrepealed as perior Court judges to the panels of theAppellate , During their service on the panels, the of July 1,1978. The Chief Court Administrator, Sessions. adminis- judges are excused from their trial courtduties. as part of his general authority, appoints trative judges for each of the state's 11judicial Judges of the Appellate Sessions serve atthe plea- The administrative judges are respon- sure of the Chief Court Administrator. districts. sible for. 1C.G.S.A. 1151-47, 51-197c1 1. Discussing administrative matters with 2.5 Administration administrative a. The presiding judge has nospecifically the Chief Court Administrator, chief judges, presiding judge(s) and assigned judges. articulated administrative duties. Serving as liaison of the Chief Court b. There is no provision for anadministrator 2. Administrator with the presiding judge(s) and for the Appellate Sessions. Reference Section assigned judges in order to implement policy estab- 5.2.b (state-level administrator). lished by rule of court, the Chief Court Adminis- c. By rule, Connecticut PracticeBook 11066, the chief clerk of the Supreme Court serves as trator, or vote of the judges. Assuming, personally, any assignment clerk of the Appellate Session. 3. (Connecticut Practice Book 11066) within the judicial district of assignment, notwithstanding his primary assignment, giving timely 2.6 Rule-making. The judges of the Superior Court notice thereof, however, to the Office of theChief may establish rules of procedurefor the speedy and inexpensive hearing of appeals-brought tothe Court Administrator. 4. Reassigning for the day, a judge who Appellate Sessions. Administrative rules for the concludes his primary assignment prior to 5 p.m. sessions may be promulgated by thejudges of the In the event of a storm, an emergency, Superior Court or by the executive secretary(re- 5. his assign- ference Section 5.2.c) under the supervision ofthe or the inability of a judge to assume ment, assigning any judge assigned withinthe judi- Chief Court Administrator (referenceSection cial district to any geographical area courthouse 5.2.a). for the purpose of presiding over arraignments, (C.G.S.A. 1151-9, 51-197c) fixing or reviewing bail, and conducting anyother necessary court business, or to acourthouse for Court of General Jurisdiction juvenile matters to conduct necessary courtbusi- if that is The Superior Court sits in ness, giving simultaneous notice, or, 3.1 SUPERIOR COURT. assignment continuous session at such times as provided bylaw not possible, going prompt notice of the to the Office of the Chief CourtAdministrator. or as fixed and determinedby the Chief Court Ad- 6. Subject to the prior approval of the ministrator. Chief Court Administrator, determining the court- (C.G.S.A. 151-181) house(s) to which jurors shall be initially sum- 3.2 Organization. The state has been divided into moned within the judicial district. 11 judicial districts. The Superior Court is di- When feasible or necessary, ordering vided by court rule into civil, criminal, and 7. that the trial of any case, jury or nonjury,be family divisions. dis- (C.G.S.A. 1151-181, 51-182, 51-185, 51-308, held in any courthouse within the judicial trict. 51-331, 51-344) 8. Apportioning administrative appeals and 3.3 Jurisdiction small claims matters as equally as possible among 4. The Superior Court is the sole courtof all the judges, taking into consideration the par- orikinal jurisdiction for all causes of action, ticular expertise of an individual judge. except such actions over which the Probate Court by statute. b.s There is no provision for an administrator has original jurisdiction, as provided Reference Section 5.2.b Domestic relations and juvenile matters areheard of the Superior Court. (state-level administrator). in the family division. c. Superior Court clerk positions areauthor- b. The Superior Court hears appealsfrom the Positions are filled annually by Probate Court and from administrativedecisions of ized by statute. the Superior Court judges at their June meeting. officers and agencies of the state orits political There ate no formal provisions for assigningadmin- subdivisions. istrative duties to the clerks. (C.G.S.A. 1445-288, 51-164s, 51-197b) 51-51v) In addition, there are provi- (C.G.S.A. 3.4 Judses (110). The judges of the Superior sions Uor an unlimited number of senior judges who 3.6. Rule-makinfi. Court, acting as a body, may adopt andpromulgate, are retired, between the agesof 65 and 70, and and may from time to time modify orrepeal rules working part time, but with fullauthority. Eleven and forms regulating pleading, practice,and pro- senior judges are currentlyserving. cedure in judicial proceedings. As part of the 4. There is no provisionfor a chief judge unified court system, many administrative proce- over all the Superior Court. The Chief Court Ad- dures for the Superior Court are prescribedby the ministrator appoints administrativejudges for each Chief Court Administrator. of the state's 11 judicialdistricts and a chief administrative judge for the divisions(Criminal, (C.C.S.A. 5151-9, 51-14) Civil, and Family). b. Superior Court judges must be membersof Court of Limited or Special Jurisdiction the state bar and are notpermitted to practice 4.1 PROBATE COURT. Probate Court terms differ from law. district to district. Some are open regular busi- 182

411, (In 4. a-,II nes. hours while others open by appointment only. State-Level Administration (Probate Court Administrator) 4.2 Organization. The state has been divided by 5.1 General administrative authority. Statutes statute into 130.probate districts, each of which designate the Chief Justice as the head of the consists of between 1and 6 towns. There are no Judicial Department. He appoints the Chief Court specialized divisions of the court. Administrator. Reference Section 1.5.a. Under the (C.G.S.A. 545-11 supervision and direction of the Chief Court Admin- 4.3 Jurisdiction istrator, the executive secretary examines the ad- a. The Probat, Court hat power to admit wills ministrative methods and systems employed in the to probate and grint administration of intestate Judicial Department and each ot its constituent estates. In addition to jurisdiction over dece- 1 courts. The executive secretary also develops and dents' estate., the court has jurwidiction over implements programs for the improvement thereof and terminations'of parental rights, adoptions, and . for securing uniform administration and procedures. guardianships,,commitment of mentally ill 'adults; S51-1b, 51-91 commitment of mentally ill children, conservator- 5.2 Office,of the Chief Court Administrator hip., fiduciary accounts, sterilization, and a. The Office of the Chief Court Administrator guardianship and pficement of the mentally re- is authorized by Connecticut General Statutes tarded. S51-8 (1979). b. The Probate Court has no appellate juris- b. Chief Court Administrator diction. (1) The Chief Court Administrator's position 1C.C.S.A. SS17-176 et. gra., 45-4, 45-42 et. is authorized by statute. The current incumbent sea., 45-61e, 45-70 et. seq., 45-78a et. was previously Chief Judge of the Superior Court. 45-268, Public.Acts (hereinafter P.A.) 79-511, (2) The Chief Court Administrator is ap- 79-543, 79-5831 pointed by and serves at the pleasure of the Chief 4.4 Judges (130). The constitution specifies that Justice. each probate district have one judge. (3) The Chief Court Administrator is the a. The Probate Court does not have presiding administrative director of the Judicial Department. judges. He may issue orders, require reports, and appoint b. Probate Court judges must be voters of towns judges to such p%itions ashedeems necessary to within their probate districts. carry out his responsibilities. He may assign and c. Probate Court judges are elected to 4-year reassign judicial and nonjudicial personnel as the terms by the voters of their respective districts. efficient administration of justice requires. As 1Const., Art. 5,S4, C.G.S.A. S45-6I required, he may also transfer causes from one He appoints an exec- 4.5 Administration court or district to another. a. There are no provisions forpresidi;Ig judges utive secretary who serves at his pleasure. The Chief Court Admin- for the Probate Court. c. Office organization. b. A Probate Court administrator over all the istrator appoints the executive secretary, who must probate districts is authorized by statute. He is be a member of the state bar. The Office of the appointed by the Chief A person appointed Chief Court Administrator consists of 95 people: to the position must be a Probate Court judge. If 51 professionals (including the Chief Court Admin- his judicial term expires after appointment, he may istrator) and 44 clerical personnel. The profes- continue to serve as administrator at the pleasure sional staff provides support services in the fol- systems analysis, programming, com- of the Chief Justice. The administrator must de- lowing areas vote full-time to his duties and cannot engage in puter operationc, records management, forms devel- the practice of law. opment, and field representation, court reporting, The administrator regularly reviews the court coordination, other court services, and fa- auditing, accounting, statistical, billing, re- cilities management, payroll, accounting, auditing, cording, filing, and other procedures of the Pro- and purchasing, education, personnel systems, and office management, and planning and research ac- bate Court. He or his authorized designee is required to visit and examine records and files of tivities including statistical compilation, judi- each Probate Court I least once every even num- cial planning, legal services, and legislative He is empowered to issue administra- drafting. bered year. 111 tive rules and regulations. The administrator 1C.G.S.A. SS51-1b, 51-8 (1979), 51-9 (1979); files an annual report with the Chief Court Admin- 51-304, 51-332, 51-347a, 51-347b; P.A. 78-280, Sections 127,123, Chief Court Administrator) istrator by April 1 of each year, and'he submits proposed rules of practice and procedure in the Probate Court to the Supreme Court. Quasi:Judicial Officers c. Each Probate Court judge mayappoint a clerk and as many assistant clerks as he deems necessary% 6.1.1 SUPERIOR COURT Such clerks are not deemed state employees and they 6.2.1 Senior judge and state referee serve at the pleasure of the judge. There are no a. Judgeswho retire prior to age 70 are desig- formal provisions for assigning administrative nated as senior judges. Supreme and Superior Court ' duties to thf clerk. judges whoiretire at age'70 and senior judges upon [C.G.S.A. SS45-3a, 45-4c to 45-4f, 45-51 attaining age 70 are designated state referees for The Chief Justice 4.6 Rule-making. The Supreme Court promulgates the remainder of their lives. uniform rules of practice and procedure for the is empowered to appoint as manystaCe-referees as he deems necessary from among the qualified members Probate Court. Such rules are recommended to the court for adoption by the Probate Court adminis- of the state bar. b. Senior judges and state referees posseiss the trator. $45-4f1 full authority of regular judges In the cases as- 4,0 signed to,them.

183 2 CIO Figure 2:Connecticut state-leveladmilnistrative office of the courts, 1980

Chita Court Adel nietrtor

Executive S.cretry

Deputy Chie Court Atileinietrtor

Chief Chief St t e's Admintetrtive At t o r ney Judge

Reacu t Direct or Adel nitrat lye Fast 1 y Judge Diviinn

Execut ive Coated miion Di rector Of f I ciail Adult Lop 1 Probst ton Publi ct ions

Dirmtor Executive Director Chief ..1rarector Director ofImm kcurity Di rector MEM Criminal Facilities end Adel nietrt ive Caa flow 1111 Commissioner Fur chsing Arch itctur S. rvi cos 4 Inventory Safty

Di rector Research Civil nd Director Planning Fiscal --1 Opertione

Di rector Di rector Direct or Family Judi c tel Pe rsonnel C. f law Educt io end &aril oye Relations Di rector Director Legal Director Statist ic Service .Iitaminr (Forms, Rule) Seized Prdperty Di rector Di rector Coordintor Director Lest slat ive Director of Clerk Records Li ison Da t (Reportre. Center (Public Procesing Interpreters) Relation.) (RAM)

Di rector Jury Advil nietrt ion

2(II 184 I.Const., Art. 5, 16; C.G.S.A. 151-50c to 7.2.1 Authority nd procedure for sanction. fThe 151-501, 1152-434, 52-434a] council has the authority to investigate all complaints against judges of the Supreme and 6.1.2 SUPERIORSOURT Superior Courts. After its investigation, the 6.2.2 Commissicuier council can conduct a private hearing concerning a. All members of the state bar, while in the matter. If found guilty, the judge can be( good standing, are designated as commissioners of privately or publicly censured by the council, or the Superior Court. Those commissioners with at it can suspend him for a definite .period of time least 2 years of law experience can volunteer for up to1 year. If deemed appropriate, the council mall claims duty. If approved by the Chief Court may refer the matter to the Supreme Court with Administrator, their names are placed on the recommendation that the judge be suspended for Superior Court list. Names are chosen from thi longer than1 year or that he be removed from list on a rotating basis to hear small claims office. Judges may also be retired for disability matters. Compensation is not provided for small by the council either on its own motion or at the claims duty. request of the judge.

b. Commissioners can sign writs and - [C.G.S.A. S51-49, 51-51k, 51-51u (1979)1, subpoenas, take recognizances, administer oaths, and take depositions and acknowledge deeds. They 70.2 Council on Probate Judicial Conduct. The may issue subpoenas to compel the attendance of cOlincil consists of one probate judge, elected by witnesses and subpoenas duces tecum in adminis- his peers, one state referee, appointed by the trative proceedings. Chief Justice, one attorney with at least 5 years [C.G.S.A. 1151-85, 52-549a to 52-549d] of experience, and two nonlawyers appointed by the Governor. Judicial Discipline [C.G.S.A. 145-11d] 7.2.2 Authority and procedure for sanction. After 7.1.1 Judicial Review Council. The council investigating a complaint, the council can conduct consists of three Superior Court judges, three a private hearing. Upon conclusion of the hearing lawyers, and three nonlawyers. The judges are and if warranted, the council may privately repri- selected by their peers, while the remaining mand or publicly censure the judge. In very seri- members are appointed by the Governor with the ous cases, the council can recommend,tol'he Nouse approval of the General Assembly. of Representatives the institution of impeachment [C.G.S.A. 1151-511, 51-51p (1979)] _proceedings. [C.G.S.A, 545-11g]

() ,

185 Figure 1:Delaware court system, 1980

AMP SUPREMF (1)URT Court of 5 justices last Juriediciion resort - Final appellate jurisdiction. Censor Committee. - Advimory opinion requested by governor.

*kr COURT OF CHANCERY (3) SUPERIOR COURT (3) 1 chancellor, 2 vice chancellnrs judge. Jurisdiction Jurisdiction: Divorce - Exclusive jurindiction over all Original civil (except equity) jurisdic- Exclusive juri.cilction over adop- Contractual e quity clues. Corpbrett ca.es, tion. tion., termination of parental right., end oupport real property disputa., carer- involuntary cossitsents of mentally ill. agreements.. cial Witter., contractual Court. of Excluniv. matter., guardianship., [runts, Original criminal lurisdiction. genral felony and drug offenme iuri.diction, e atate.. - jurisdiction Appeal. on record from Court of Common Ple,Iss No jury trials. and administrative agencies. Appeals do novo from Juntice of the Peace Court, Alderman's Court, Municipal Court, and arbitration panel.. Jury trials. A.

FAMIIY COURT (3) COURT Of COMMON PLEAS (3) 12 judge. 5 judge. Jurisdiction Jurindiction. Support, divorce, annulment, - Civil action. under $5,000. No separate maintenance, property limit in amount of counter settlesent, custody. clat. Child corruption, intrafamily Misdemeanor. (except drugs) crime. (excluding foloniss). P ion outoide Wilmington. Misdemeanor, committed against of marijuana. child. No jury trial. in New Cantle. Dependency nd neglect, delin- Jury trials in Kant and Sums quency. Juvenile traffic (criminal came. only). violations. No jury trial..

MUNICIPAL COURT OF WILMINGTON CE COURT (16) 3 judges peace and 1 Jurincliction - Misdemeanor, unicipal ordinance violation., preliminary hearinas t $1,500. Court. of for felonies and drys-related Committing limited miedemeanors. crimes. No jurisdiction - Traffic Violation. Diwislon criminal jurisdiction tn proc eeeee all moving and parking Wilmington. violations. Motor vehicle Cane, (except No jury trials. fslonime). Jury triSI. in landlord/tenant 4141111 only.

ALDERMAN'S COURT (IS) 20 eldermen Jurincliction Minor,civil action, in aome courts. Minor eisdemeanors. Municipal ordinance violations. Com- eating angi.trate in some Court,. Traffic offenses, parking violation.. No jury Irials.

ItIndicates route of appeal. 4. 4

.1; DELAWARE

Court of LasiResort c. The clerk of the Supreme Cour ,appointed by the serves at the pleasure of the 'If 1.1 SUPREME CQURT. The Del Supreme Court sits courtl Ther are no formal provisions,for assign- at Dover. 'Mere is one fixed tern of court, which ing administrative duties to the clerk. He super- coincides with the calendar year. vises all clerical personnel in the office. [Title 10, Delaware Code (hereinafter Del. C.) [Gimlet., Art. VI, S27, 10 Del. C. S1211 Annotated, Revised 1974, Section 101; Supreme 1.6 Rule-makinli. The Supreme Court promulgates Court &les, Rule 21 rules regulating practiceand procedure in the 1.2 Organization. The Supreme Court normally its court. When Supreme Court rules hive taken effect, in panels of three justices. Panels are assigned they supersede any statutory provisions that may, by the Chief Justice. The court its en banc in conflict. The Supreme Court may adopt rules for capital cases, in 'cases where tke three-justice " thsdadministration of justice and the conduct of panel was not unanimous in its acision, and in bainess for any or all of the courts of the state. other such cases as may be determined by the Su- [Const., Art. IV, S13; 10 Del. C. $1611 'preme Court or the General Assembly. [Constitution,Article IV, Section 12; Supreme Intermediate Appellate Court Court Rule 41 1,,,3Jurisdiction 2.0 There is no intermediate appellate court in a. The Supreme Court may issue writs of pro- Delaware. hibition, quo aaaaa nto, certiorari, and mandamus to any court. The court may also determine ques- Courts of General Jurisdiction tions of liw certified to it by other courts. When requested by the Governor, the Supreme Court ren- 3.1.1 COURT OF CHANCERY. The term of court coin- ders opintoni regarding the constitutionality of cides with the calendar year. .any law or any question involving the federal or [10 Del. C. $3021 tate constitution. 3.2.1 Organization. Court IS held in each of the b. The Supreme court has appellate jurisdiction state's three counties. A Public Guardian is ap- in criminal cases in which the sentence is death, pointed by the court to be,the guardian of the imprisbnment exceeding 1 month, or fine exceeding aged, mentally infirm, physically incapacitated, $100, and in civil cases appealed from the Superior and minors. Court.' The court also has jurisdiction in appeals [Del. C. 1301, The 1976 Annual Report of the from the Court of Chancery. Delaware Judiciary (hereinafter 1976 Amnual Re- [10 DeT. C. Sill, 1411 port), p. 301 1.4 Justices (5) 3.3.1 Jurisdiction a. The Chief Justice is selected in the same a. The Court of Chancery has jurisdiction to manner as the other justices, but is designated. hear and determine all matters in equity. The Chief Justice upon appointment. He serves his %- Court of Chancery has no jurisdiction in matters tire term in this role. Reference Section 1.4.c where the cause may be determined bycommoVlim,or below. statute. Litigation in,the Court of Chancer'y'con- b. Supreme Court justices must be lawyers and sista of corporate matters, petitions concerning residents of the state. trusts or estates, disputes involving real prop- c. Supreme Court justices are appointed bythe erty, and commerc:el and contractual matters. The' Governor with the consent of the Senate. All jus- Public Guardian may have care of a minor's person tices of the Supreme Court erve 12-year terms and or property or both, depending on the court. The may be reappointed. Public Guardian receives all debts and incqme of [Const. Art. VI, 112, 31 his ward, and squares up his accounts. He can'sell 40,1.5 Administration his ward's property if necesbary; and he is allowed a. The Chief Justice is tbe administratiye head to sue for or defend his ward, of all courts in the state. He exercises adminis- T. The Court of Chancery hasno appellate ju- tration and supervision over the entire court sys- risdiction. tem through the Director of the Administrative Of- [10 Del. C. $1341, 342; 12 Del. C. 13921; 1976 fice bf the Courts, the chaacellor of the Court of Annqal Report, p. 29i Chancery, the president judge of the Superior 3.-4.1 Judges (1 chancellor, 2 vice chancellors) Court, and chief j s of the limited jurisdiction $ a. The chancellor is appointed in the same man-

courts.* He has no spe ic ad e duties her as the vice-chancellors, but is 'designated , with regard to the Suprem rt. Reference Sec- chancellor upon appointment. Reference Section

tion 5.1 (General administrative authority). ' 3.4.1.c below. b. There is no provision for an adiinistrator b. Chancellor: and vice-chancellors must be for the Supreme Court. Reference Section 5.2.b lawyers and residents of the state.No more than (state-leveladmiistrator). 'two of them may be members of the'same major political party.

184k Cc. Chancellors and vice-chancellors are ap- 3.5.2 Administration pointed by:the Governor with the consent of the a. There are no constitutional or statutory Senate. The chancellor and vice-chancellors serve provisions for assigning administrative responsi- There are no pro- 12-year terms.: bilities to the president judge. [Const., Art. IV, /12, 31' yisions for presiding judges for the individual r. . 3.5.1 Administration courts. b. The position of Superior Court Administrator a. The chancellor appoints clericalpersonnel . as necessary for the court. There are no other is authorized in the state's budget bill each year. formal provisions for granting administrative The administrator is chosen by the judges of the authority to the chancellor. Superior Court and qualifications for the position b. There is no provision for an administrator are set by them. for the,Court of Chancery., The Director'of the Ad- c. The prothonotary of each county serves as ministrative Office of the Courts serves as Chan- Superior Court clerk in that county. Prothohota- cery Court achninistrator. Reference Section 5.2.b ries are elected by the counties in which they (state-level Aministrator). serve for 4-year terms. There are no formal pro- c. The register in chancery and the register visions for assigning administrative duties to the of wills in each county serve as the clerks of the prothonotary. He supervises all clerical personnel Chancery Court in that' county. Registers are in the office. elected to 4-year terms by the voters of the coun- [Const.,.Art. III, S322; Const., Art. IV, 126; ties in which they serve. There are no statutory 10 Del. C. 15211 provisions or rules assigning administrative duties 3.6.2 Rule-making. Procedures for administrative to the registers. They supervise all clerical per- rule-making are the same as for the Supreme Court. sonnel in their office. Reference Section 1.6, The Superior Court is em- 110 Del. C. 1132, 322-3271 powered to make rules governing civil practice and 3.6.1 Rule-making. The Court of Chancery is em- procedure in the court. These rules supersede any powered to promulgate rules governing practice and statutory regulations that may conflict. procedure in the court. Once adopted, the rules [10 Del. C. 15611 supersede any statutory provisions.that may conflict. Administrative rule-making procedures are Courts of Limited or Special Jurisdiction the same as for the Supreme Court. Reference Sec- tiOn 1.6. 4.1.1 FAMILY COURT. The Family Court sits in con- 110 Del. C. 13611 tinuous session. [Manalier, Planning and Research] 3.1.2 SUPERIOR 9URT. There are four terms oC 4.2.1 Organization. The court sit n each o court beginninik on the second Monday in'September, state's three counties. The re no formal _stat- first Monday in December, first Monday in March, utory prdvisions for adininistrative divisions.' and first Monday in June. 4.3.1 Jurisdiction [Superior Court Criminal Rule 56(a) and Supe- a. The Family .Court has exclusive criminal ju- rior Court Civil Rule 77(b)1 risdiction in cases concerning abuse, abandonment, Any 3.2.2 Organization. Superior Court is held in each or any misdemeanor committed against a child. of the state's three counties.There are no spe- nonfelonious act committed by family members upon cialized divisions of the Superior Court. other family members is within the jurisdiction of [10 Del. E, 15011 the court. The court has exclusive original civil 3.3.2 Jurisdiction jurisdiction concerning any child who la alleged The a: The Superior Court.has exclusive jurisdic- to be dependent, neglected, or delinquent. tion in felony cases except those involving juve- Family Court has general juvenile jurisdiction. niles. The court has jurisdiction in all ciVil It also has jurisdiction in divorce and annulment oases at commop lei,. It also has jurisdiction over petitions. the termination of parental rights and adoptions., ' b. The Family Court has no appellate jurisdic- b. The Superior Court has appellate jurisdiction. tion over cases at law from the Court of Common [10 Del. C. SS921, 9221 Pleas and varied administrative agencies. Cases 4.4.1 Judges (12) from the Alderman's Court, Justice of the Peace a. The chief judge of the Family Court is se- Court, and the Municipal Court are heard denovo lected in the same manner as the other Family Court in the Superior Court. jgdges but is designated chief judge upon his p- [Const., Art. VI, 17; r976 Annual Report, p. pointment. Reference SeCtion 4.4.1.c below. b. Famaly Court /Udges must be lawyers who have 531 They are 3.4.2 Judges (11) practiced law,for 5 years in the state. a. The president judge over all the Superior selected on the basis of their experience with fam- Courts is selected in the same manner asSurierior ily and child problems. Court associate judges but is designated president c. Family Court judges are appointed by the judge upon appointment. Reference Section 3.4.2.c Governor by and with the consent of the Senate. below. The Superior Court does not have presiding They serve 12-year terms. judges for the individUal counties. (10 Del. C. 1906) b. Superior Court judges (the president judge 4.5.1 Administration and associate judges) must be lawyers and at least a. The chief judge is the executive officer of one associate judge must reside in eachof the the Family Court, and is responsible for assignment state's three counties. If there is an uneven num- of judges, preparation of court budget, and payment ber of judges, not more thah a bare majority may of court expenses. He also is responsible for ap- -.- be of the same major political party. pointing two associate judges of the Family Court c. Superior Court judges (the presidingjudge to serve on the Judicial Council of the Family and associ4te judges) are appointed by the Gover- Court'(reference Table 29: Judicial councils and nor, with the consent of the Senate. They serve conferences). There are no provisions for presid- 12-year terms. ing judges for the individual courts. (Const., Art. IV, 112, 3) 188 fit-a ""' 4 u .) ss

b. The Family Court's administrator is now 4.1.3 MUNICIPAL COURT OF WILMINGTON. New terms of known as the Director of Court Operations. court commence each month. c. The chief judge appoints a clerk in each [10 Del. C. S1703] county. There are no,formal provisions for assign- 4.2.3 Organization. The court has_jurisdiction ing administrative duties to the clerks. They so- within iMillgeographical boundaries of Wilmington. pervise all clerical personnel in the office. The courWhas a Violations- Division that prdcesses [10 Del. C. SS908, 909, 912; 1980,Annual Re- all moving and parking violations citations'. port] [10 Del.s. S1702, 1976 Annual Report, p. 137] 4.6.1 Rule-making. The judges of the Family,Court 4.3.3 Jurrsdiction may promulgate rules of practice and procedure for a. The Municipal Court of Wilmingtolp.conducts the court. Administrative rule-making procedures preliminary hearings for felonies and drug-related are the same,as for the S1upreme Court, Reference misdemeanors. The court has criminal jurisdiction Section 1.6. within the geographical boundaries of Wilmington [Const., Art. IV, S13] in cases involving,misdemea' ors, traffic violations and municipal.ordinance viol tions. 4.1.2 COURT OF COMMON PLEAS. The court Meets in b. The Municipal Court f Wilmington has no continuous session. appellate jurisdiction. ) [Court of CommonPleas Criminal Rule #56(a)] [1976 Annual Report, . 137] 4.2.2 Organization. The court is held in each of 4.4.3 Judges (3) the state's three counties. There are no special- a. The chief judge is selre ed in the same man- ized divisgons of the court. 'net as the other judges of the unicipal Court of 110 Del. C. S1305] Wilmington and is designated chi ge for his 4.3.2 Jurisdpction term. a. The Court of Common Pleas has jurisdiction b. Municipal Court judges must be lawyers who outside the city of Wilmington in all misdemeanors have practiced law for 5 years prior to appoint- except drug-related offenses. Tbe court has juris- 'ment. diction in civil matters where the amount in con- c. Municipal Court judges are appointed by the troversy does not exceed $5,000. It also has ju- Governor by and with the consent of the Senate. risdiction over possession of marijuana. They serve 12-year terms1 b. The Court of Common Pleas has no appellate [10 Del. C. 41702] jurisdiction. 4.5.3 Administration [10 Del. C. SS1314, 4777; 1976 Annual Report, a. The chief judge is the chief administrative p. 125] officer of the court. He is responsible for ap- 4.4.2 Judges (5) pointing the clerk. a. The judge with seniority in service is des- b. There I no provision for an administrator ignated chief judge over all the Courts of Common for the Munic al Court of Wilmington. Reference Pleas. There are no provisions for'presiding Section 5.2.b (state-level administrator). judges for the individual counties. c. The 'clegok is appointed by the chief judge b. Court of Common Pleas judges must be lawyers and serves at his pleasure. There are no provi- who have practiced law for 5 years prior to ap- sions for assigning administrative duties to the pointment and must fulfill various residency re- clerk. He supervises clerical personnel in the of- quirements. fice. c. Court of Common Pleas judges are appointed [10 Del. C. SS1702, 1721] by the'Governor, with the consent of the Senate. 4.6.3 Rule-making. The court may establish local They serve 12-year terms. rules of practice and procedure subject to the [10 Del. C. S11302, 1303] rule-making powers of the Supreme Court. Adminis- 4.5.2 Administration trative rule-making procedures are the same as in a. The chief judge over all the Courts of Com- the Supreme Court. Reference Section 1.6.

* mon Pleas is the administrative head of the,Court [Const., Art. IV, S13] of Common Pleas. He appoints the clerk of the court and deputy clerks. There are no provisions 4.1.4 JUSTICE OF THE PEACE COURT. At least one for presiding judges for the individual counties. justice of the peace must be available at all timei b. The position of Court of Common Pleas admin- in each county. istrator is authorized by the state budget bill 110 Del. C. S9205] each year. The administrator is appointed by the 4.2.4 Organization. Sessions of the court re held chief judge and is responsible to the chief judge throughout the state. There are 16 Justice of the for the administration of all nonjudicial activity Peace Courts at present. There are no spec alized of the court. divisions of the court. c. The chief judge appoints a cleck of the [10 Del. C. S9204; 1980 Annual Report, p.147] court.who serves all three counties and a deputy 4.3.4 Jurisdiction clerk for each county. The clerk is responsible a. The Justice of the Peace Court has limited for the care of records and proceedings; receives criminal jurisdiction in minor misdemeanor cases all fees, fines, and costs; administers oaths and and in nonfelonious motor vehicle cases. In the issues commitments; issues process; and other ad- city of Wilmington, the court has no.criminal ju- ministrative duties that may be assigned to him. risdiction. The court has jurisdiction in civil In practice, the administrator position and the cases where the amount in dispute is less than clerk of court position are identical. $1,500. The Justice of the Peace Court is not a [10 Del. C. 11302, 1309; Director of Planning] court of record. 4.6.2 Rule-making. The judges of the mourt may b. The Justice of the Peace Court has no appel- promulgate general rules of practice and procedure late jurisdiction. for the court. Administrative rule-making proced- [10 Del. C. S9301; 1976 Annual Report, p. 147] ures are the.same as for the Supreme Court. Refer- 4.4.4 Judges (53 justices of the peace and 1 chief e'nce Section 1.6. magistrate) [10 Del. C. 11307] a, Four justices of,the peace (one in each of two counties and two in the other county) are 189 '/ designated as chief by administrative directive of State-Level Administration the chief magistrate. b. Justices of the peace must be residents of 5.1 General administrative authority. The Chief the counties in which they serve and must be at Justice is the'administrative head of all courts least 21 years old. in the state and has general administrative and su- c. Justices of the peace are appointed by the pervisory powers over all the courts. Reference Governor with the consent of the Senate. They Section 1.5.a. serve 4-year terms. 5.2 Administrative Office of the Courts (Const., Art. IV, S30, 1976 Annual Report, p. a. The office is authorizeck by statute. 147, 1980 Annual Re ortl b. Director of the Administrative Office of the 4.5.4 Administration Courts a. The Chief Magistrate is the administrative (1) The position of director is authorized head 9f the Justice of the Peace Courts. by statute. b. The 'position of administrator Is authorized (2) There are no formal established qualifi- by the state budget bill each year. cations for the position of director. c. A chief clerk for each Justice of thePeace (3) The responsibilities of the Director In-' Court is appointed by the Chief Justice. They su- clude appointing appropriate Administrative Office pervise all clerical personnel In the office. of the Courts personnel, assisting the Chief Jus- There are no provisions for assigning administra- tice In administrative matters, and supervising the The tive duties to the chief clerks. administrators of all stare supported courts. (10 Del. C. SS126, 127, 9220, 9230, 9231; 10 Director is responsible for budget preparation, Del. C. Ann. S9202, Director of Planning) collection of court statistics, and the presenta- He is a 4.6.4 Rule-making. The Justice of the Peace Court tion of the annual report on the courts. may establish local rules of practice and procedure liaison with agencies ,iAterested in court adminis- subject to the rule-making powers of the Supreme tration and assists in preparation of legislation Involving the courts. The Director serves as sec- Court. Administrative rule-making procedures are,. the same as for the Supreme Court. Reference Sec- retary for the Judicial Conference (reference Table. Judicial councils and conferences). tion 1.6. 29: Ae Administrative Of; [Const., Art. IV, S131 c. Office organization. fice of the Courts has a staff of 15; there are 7 clerical staff members. Thef 4.1.5 ALDERMAN'S COURT. The Arderman's Court sits professionals and professional staff provides support services In the In continuous session. (Manager, Planning and Research) following areas: systems analysis, programming, and computer operations; personnel systems; and 4.2.5 Organization. Alderman's Courts arg authorized by town charters and have jurisdiction within planning and research activities which include the town limits. statistical compilation. (Const., Art. IV, S13; 10 Del. C. S128; Supreme 4.3.5 Jurisdiction a. Jurisdiction Is limited to minor misdemean- Court Rules Rule 35; 1976 Annual Report, p. ors, traffic offenses, and parkingviolat.ions. 11; 1980 Annual Report; Director of Planning) Some Alderman's Courts handle civil cases. Alder- man's Courts are not courts of record. Quasi-Judicial afficers b. The Alderman's Court has no appellate jurisdiction. 6.1.1 FAMILY COURT 11976 Annual Report, p. 1731 6.2.1 )Iaster a. Misters are appointed by the chief judgeof 4.4.5 Judges (20) a. Tpe Chief Justice, by admfnistrativeCrec- the Family Court. tive, appoints one chief alderman and one deputy b. Masters hear, matters before the court and make orders regarding such matters. All judgments chief alderman. of masters are final unless a review de novo is re- b. Ajderman's Court judges aregenerallY required to be at least 18 years old and mustfulfill quested. some residency requirement,according to qualifica- 110 Del. C. S9131 tions locally established. c. Alderman's Court judges areselected in a 6.1.2 MUNICIPAL COURT manner prescribed by city charter. 6.2.2 Commissioaers a. Commissioners are appointed by the Governor (Director of Planning) , and confirmed by the Senate. 4.5.5 Administration b. Commissioners are authorized totedecom- a. The Chief Justice: by administrativedirec- tive, appoints a chief lderman and a deputychief plaints from individuals and make determinatioqs of the validity of the complaints, issue warrants alderman. No formal administrative Auties have and summonses, and take applications for ball bond. been set by the Chief...Justice for,these twoposi- In practice, commissioners exercise the same autho- tions. b. There is no provision for.an administrator rity as magistrates, except that commissioners can- for the Alderman's Courts. Refer'ence Section 5.2.b not try cases. (Commissioner, Municipal Court) (state=level administrator). c. There are no statutory provisionsfor clerks in the Alderman's Courts. Towns4may hire clerks if Judicial Discipline they desire. The Court on the-Ju- (Director of Planning) 7.1 COURT ON THE JUDICIARY. diciary consists of the Chief Justice, the associ- 4.6.5 Rule-making. Reference Section 1.6. ate justices of the Supreme Court, the chancellor

01-1"N u140 4 ei . <4

Figure 2: Delaware state-level administrative office of the courts,1980

Director

Deputy Director

.1=. 1

Data Manager manager of Processing of Personnel Planning Manager Accounting Reneger and Research I

I 4.

(1,

...... -..

191 4.-J i of the Court of Chancery, and the president judge must be served with written statement of allega- of the Superior Court. tions and must be given an opportunity to be heard. (Const., Art. IV, i39) It is necessary to have a two-thirds concurrence 7.2 Authority and procedure for sanction. The of the members of the Court on the Judiciary in' Court on the Judiciary may be cgrivened by order of Aber to censure, remove, or retire a judicial of- the Chief Justice to investigate charges against a ficer. All proceedings are private, except for judicial officer. The charged judicial officer final orders. [Const., Art. IV, S371

192 FLORIDA

Court of Last Resort ficer of the Supreme Court and is responsible for the dispatch of its business. He has the power to

1.1 SUPREME COURT. The Supreme Court sits at Tal- act on requests for stays during the pendency of . lahassee, the state capital. The court holds two proceedings, to order the consolidation of cases, terms each year beginning in January and July. to determine all procedural motions and petitions [Constitution, Article V, Section 3; Florida to file or extend the time for filing briefs and Statutes Annotated (hereinafter F.S.A.) other papers provided for under the rules of the S25.051] court, to advance or continue cases, and to rule 1.2 Organization. The Supreme Court does not sit on any other purely procedural matter relating to in panels or divisions. any proceeding or process in the court preparatory 1.3 Jurisdiction to a hearing or decision on the merits. The Chief a. The Supreme Court may .issue (1) all writs Justice may also perform such other administrative necessary to the complete exercise of its juris- duties as may be required and which are not other- diction; (2) writs of prohibition to lower tribu- wise provided for by law or rule. nals in causes within the jurisdiction of the court b. Reference Section 5.2.b (state-level admin- to review; and (3) writs of mandamus and quo war- istrator). canto to state officers and agencies. Also, any c. The clerk of the Supreme Court is appointed justice may issue writs of habeas corpus return- by and serves at the pleasure of the court. He able before the Supreme Courtusr any justice, a performs such duties as the court directs. The District Court of Appeal or any judge thereof, or clerk has custody of books, records, and the seal, any Circuit Court judge. keeps the records of court proceedings, and re- b. The Supreme Court has jurisdiction over ceives fees for filing of appeals. The clerk also criminal and civil appeals and petitions for write issues mandates. of certiorari from the District Court of Appeal, [Corlett., Art. V, SS2(b), 3; F.S.A. S25.191; Circuit Court, County Court, agencies and commis- Florida Rules of Judicial Administration (here- sions. The court rviews constitutional quektions, inafter Fla. R. Jud. Admin.), Rule 2.030] capital cases in whrch the death penalty was im- 1.6 Rule-making. The Supreme Court has the authoc". posed, bond validation, and cases of public inter- ity to adopt rules for practice and procedure in est. all courts. The Supreme Court has promulgated [Const., Art. V, S3; Florida Rules of Appellate court ryles of procedure in all areas of criminal Procedure (hereinafter Fla. R. App. P.), Rule and civil jurisdiction, juvenile rules, traffic 9.030] rules, and rules of judicial administration as 1.4 Justices (7) well as rules f)pr workmen's compensation, medical a. The Chief Justice is chosen by a majority mediation, and tranpition. The Supreme Court is of the members of the court for a 2-year term. charged with establishing, by rule, uniform cri- b. Supreme Court justices must be voters of the teria for the determination of the need for addi- state, must be less than 70 years of age, and must tional judges, except Supreme Court justices; the have been members of the Florida Bar for 10 years. necessity for decreasing the number of judges, and c. Supreme Court justices are appoirited by the for increasing, decreasing, or redefining appel- Gov4 nor from a list of three or more ndhinees late districts and judicial circuits. p ded by the Judicial Nominating Commission [Const., Art. V, SS2(a), 9; Florida Rules of

15113°reference Table 12: Characteristics of judicial Courts 1979] nominating commissions). The term by appointment ends in January of the year following the next Intermediate Appellate Court general election that occurs at least 1 year after the date of appointment. After the temporary term, 2.1 DISTRICT COURT OF APPEAL. The Districttourt justices must tand for election on a nonpartisan of Appeal sits in Tallahassee, Lakeland, Miami, retention ballot for a full 6-year term. West Palm Beach, and Daytona Beach. The court [Const., Art. V, SS2, 8, 10, 11, 11(a)] holds two terms each year beginning on the second 1.5 Administration Tuesday in January and July. . The Ch4ef Justice is the chief administra- [F.S.A. SS35.05, 35.10; State Courts Admin- tive officer-of the judicial system. He exercises istrator] administration and supervision over the entire 2.2 Organization. The state is divided into five court system through the State Courts Administra- districts with one court in each district. The tor, chief judges, and trial court administrators, court sits in panels of three, with the concurrence known as executive assistants. Reference Section of two necessary for a decision. 5.1 (General administrative authority). -[Const., Art. V, S4; F.t.A. S35.05; State The Chief Justice is the administrative of- Courts Administrator]

r) 193 Figure 1:Florida court system, 1980

SUPREME COURT 7 Justices Jurisdiction: - Civil and criminal appeals and writs of '1Court of certiorari from lower courts, agencies, last and commissions. resort - Direct appeals on constitutional question., death penalty, bond violation, and cases of great public interest.

DISTRICT COURT OF APPEAL (5) Constitutional 39 Judges question. Jurisdiction: Intermediate Death penalty. - Civil and criminal soale end writs of appellate Bond validation. certiorarAlfrom Circu turrI7 agencies, court and commidgions. 1

CIRCUIT COURT (20) T 302 Judges Juriolictions - Actions at law over $5,000, domestic relations, Court of e state cases involving decedents and minors, general g uardianship, mental health, and equity. jurisdiction - Exclusive jurisdiction in felony matters. - Exclusive jurisdiction in Juvenile matters, except traffic cases. Appeals de novo or on record. Jury trials.

COUNTY COURT (67) 198 _it'd as Juriedi on: Court of - Actions lew under $5,000, small claims. limited - Miademean ordinance violations, and pre- jurisdiction Ileinary he Inas. Jury trials.

ItIndicates route of appeal.

194 2.3 Jurisdiction specialized divisions by local court rules ap- a. The District Court of Appeal may issue all proved by the Supreme Court or by law. writs necessary to the complete exercise of its (Conga., Art. V, 557, 20(10), F.S.A. SS26.01, jurisdiction. 26.021, State Courts Administrator] The District Court of Appeal has jurisdic- 3.3 Jurisdiction tion hea*appeals taken as a matter of right a. The Circuit Court has exclusive original over a riminal and civil matters from the Cir- jurisdiction over the following: cuit Court, agencies, and commissions except in (1) All actions not triable by the bounty matters directly appealable to the Supreme Court. Court. The courts may issue any necessary writs. All ap- (2) All proceedings relating to the settle- peals from the deputy commissioners (workmen's comment of the estates of decedents and minors, guard- pensation) go to the First District Court of ianship, incompetency, and all other matters per- Appeal. taining to probate. The District Court of Appeal is a court of (3) All cases relating to juveniles except final appellate jurisdiction, except for a narrow --traffic. - classification of cases made reviewable by the (4) All criminal cases. Florida Supreme Court. (5) All cases involving the legality of any (Const., Art. V,S4, Chapters 79-40 and 79-312, tax assessment or toll. Laws of Florida, State v. Hays*, App., 333 So. (6) The action of ejectment. 2d 51 (1976)1 (7) All actions involving the title, bound- 2.4 Judges (39) aries, or right of possession of real property. a. A chief judge for each District Court of b. The Circuit Court has appellate jurisdic- Appeal is chosen, by a majority of the judges of the tion over matters from the County Court except when court. If there is no majority, the chief judge they are directly appealable to the Supreme Court. is chosen by the Chief Justice. The chief judge (F.S.A. S26.0121 serves a 2-year term. 3.4 Judges (302) b. District Court of Appeal judges must be a. The Circuit Court does not have a chief voters of Che state, must be residents of the dis- judge over all the circuits. A chief judge is tricts they serve, must be less than 70 years of chosen in each circuit for a 2-year term by a age, and, must have been members of tohe Florida bar majority of the Circuit Court and County Court for 10 years. judges or,if there is no majority, by the Chief c. District Court of Appeal judges are chosen Justice. Chief judges may designate administra- in the same manner and for the same term as Su= tive judges. preme Court justices. Reference Section 1.4.c. b. Circuit Court judges must be voters of the (Const., Art. 'V,S52(c), 10(b), Fla. R. App. state, must reside in the territorial jurisdiction P., Rule 2.2.8(2)(a), State Courts Administ a- of their courts, must be less than 70 years of age, tor] and must have been members of the Florida bar for 2.5 Administration 5 years. a. The chief judge of each District Court of c. Circuit Court judges are selected in the Appeal is responsible for the administrative super- same manner and for the same term as Supreme Court vision of the court. He may order the consolida- justices. Reference Section 1.4.c. tion of cases and assign cases to the judges for (Const., Art. V, 58, Fla. R. Jud. Admin., Rule preparation of opinions, orders, or judgments. 2.050] b. There is no provision; for an administrator 3.5 Administration for the District*Gourt of Appeal. Reference Sec- a. Whereas there is no chief judge over all the tion 5.2.b (state-level administrator). circuits of the Circuit Court, chief judges of each c. Clerks are appointed by tIleDistrict Courts circuit are responsible for the administrative of Appeal and perform duties setrir, the courts. supervision of all Circuit and County C ts in The clerks of the District Courts of Appeal per- their circuits. Admini.strative judges, appoi ed form the same duties as the Supreme Court clerk. by the chief judges, assist with administrative Reference 1.5.c. supervision. (Const., Art. V, 112, 4; F.S.A. 535.21; Fla. b. There is no provision for an administrator R. Jud. Admin., Rule 2.0401 over all the circuits of the Circuit Court. Trial 2.6 Rule-making. The District Courts of Appeal can court administrators, known as executive assis- make rules and regulations for the internal govern- tants, have been appointed in 19 df the 20 cir- ent of the court, subject to the Supreme Court's cuits. They perform such duties as the chief judge p er to make rules of practice and procedure. may assign. These duties' usually Include prepara- Refer nce Section 1.6. tion of the court's calendar; office supervision; ,IF.S.A. 535.071 and acting as liaison with local government; bail/ news media, and the general public. They lso Court of General Jurisdiction commonly manage courtroom space and equipment. c. The Circuit Court clerks, who exist in 3.1 CIRCUIT COURT. Two terms are held in each county and also serve as county clerk in the county of the circuit at times prescribed by law. capacities of county recorder, finance officer, Special sessions may be scheduled. treasurer, auditor, comptroller, and ex officio (F.S.A. 126.21 to 126.3651 member of the County Commission (the county gov- 3.2 Organization. Florida is divided into 20 judi- erning body), are elected on a countywide partisan cial circuits, made up of from 1to 7 counties. ballot to 4-year terms. Circuit Court clerks are Metropolitan centers are constituted as a single usually responsible for case scheduling and con: circuit to include all counties within the metro- trol. Administration of staff services may be the politan area. Circuit Courts may be divided into

195 responsibility of the chief Judge, the clerk, or supervision of the County Courts in their circuits. the executive assistant, depending on the extent Reference Section 3.5.a. to which the chief judges delegate the responsi- b. The executive assistants of the Circuit bility. Records management and personnel are the Court carry out administrative duties for the responsibilities of court clerks. Clerks are not County Courts within their respective circuits. responsible for the Circuit Court's budget, but Reference Section 3.5.b. only those budgetary matters pertaining to the op- c. A County Court may have a clerk if autho- eration of their individual offices. rized by general or special law. The clerk of the (Const., Art. V, §§2, 16; Const., Art. VIII, Circuit Court is the clerk of the County Court un- §1; F.S.A. §28; Fla. R. Jud. Admin., Rule less otherwise provided by law.Reference Section

2.050; Berkson and Hays, "Injecting Court Ad- 3.5.c. . ministration into an Old System: A Case of (Const., Art. V, §§2.2(d), 16; F.S.A. §34.031; Conflict in Florida," The Justice System Fla. R. Jud. Admin., Rule 2.02501 Journal (hereinafter cited as Berkson and 4.6 Rule-making. Refe ence Section 1.6. 10- Hays), pp. 60, 68, 69; State Courts Adminis- trator] State-Level Administratio 3.6 Rule-making. Reference Section 1.6. 5.1 General administrative authority. The Supreme Court of Limited or Special Jurisdiction Court is vested with the authority to make policy as it pertains to the administration ofFlorida's 4.1 COUNTY COURT. The County Court sits in contin- court system. The Chief Justice of the Supreme uous session. Court is the chief judicial officer of the judicial (F.S.A. §34.1311 system. The Chief Justice assigns justices or 4.2 Organization. There is one County Court in judges to temporary duty in any court for which the each county. County Courts may sit in divisions judge is qualified. He supervises the court sys- as may be established by law, or by local rule ap- tem's financial affairs, program of continuing ed- 4, proved by the Supreme Court. The County Courts are ucatiqp, and planning and operations research. He currently divided into Criminal, Civil, and Traf- also serves as the chief representative of the fic Divisions. judiciary in contact with the other branches of (Const., Art. V, §§6, 7, 20; F.S.A. S43.30; government. Reference Section 1.5.a. State Courts Administrator] (Const., Art. V, §21 4.3 Jurisdiction 5.2 Office of the State Courts Administrator a. The County Court has original jurisdic- s. The Office of the State CourtsAdministrator tion in all misdemeanor cases not triable by the is authorized by Rule 2.030(e), Florida Rules of Circuit Court, and in all violations of municipal Judicial Administration. and county ordinances. It also has original ju- b. Sta\;hCourts Administrator risdiction in all matters at law in which the mat- ''(1) e position was created by Supreme ter in controversy does not exceed $5,000, exclu- Court rule in July 1972, to "assist the Chief sive of interests, costs, and attorneys' fees, ex- Justice in his capaci,ty as the chief administrative cept those within the exclusive jurisdiction of officer of the stateMudicial system." the Circuit Court. The County Court has concur- (2) The State Courts Administrator is ap- rent jurisdiction with the Circuit Court in land- pointed by the_Supreme Court. He is informally lord and tenant cases involving claims that are required to have a law degree. He must also be a within $5,000. The court has exclusive jurisdic- member of the Florida Bar and must possess a back- tion over proceedings related to right of posses- ground in public administration. sion of real property and to the forcible or un- (3) The State Courts Administrator performs lawful detention of lands and tenements. the following duties: b. The County Court has no appellate jurisdic- (a) Employs personnel as necessary. Represents the state courts system tion. (b) (F.S.A. §§34.01, 34.011; State Courts Adminis- before the legislature and other bodies. trator] (c) Supervises the preparation and 4.4 Judges (198) submission of a tentative budget for the state a. The County Court does not have presiding courts system to the Supreme Court for its apr judges. proval. b. County Court judges must meet the same qual- (d) Testifies before the legislature ifications as Circuit Court judges with the excep- in support of the final budget request. tion of the 5-year bar membership specification. (e) Assists in the preparation of edu- In counties having a population over 40,000, judges cational and training materials. must currently be members of the Florida Bar. In (f) Coordinates and assists in con- counties having less than 40,000 population, how- ducting educational and training sessions for court ever, judges are not required to be members of the personnel. Florida Bar. Reference Section 3.4.a. (g) Assists all courts in developing c. County Court judges are elected to 4-year and improving the courts. terms in nonpartisan elections by the voters within (h) Submits recommendations for im- the territorial jurisdiction of their respective proving the system to the Supreme Court. Collects and compiles uniform fi- courts. (i) (Const., Art. V, S8, 10] nancial and other statistical data or information of the state 4.5 Administration on the cost, workloads, and business a. Whereas there are no provisions for pre- courts system, and publishes an annual report. siding judges for the County Court, Circuit Court c. Office organization. The Office of the chief judges are responsible for the administrative State Courts Administrator consists of 18 people: 0

96 Figure 2: ,Florida state-level administrative office of the courts, 1980

State Court Administrator

Deputy Court Adedniatrator

...i,..... 1111,041 ..L Public Businiss Planning Affairs Education Information and and and and Res.arch Personnel Training Liiison 1....1......

Statistical - Personnel - Education Executive liaison compilation systems - Publication Legislative liaison - JPC/plannlng - Accounting - Training - Public and media Besmirch - Budgeting information/eervice - Evaluation - Purchasing Statistical analysis

;9)7 4 4. 1 13 professionals (including the State Courts Admin- [Const., Art. V, S12; F.S.A. S43.20] The istrator) and 5-clerical personnel.The profes- 7.2 Author4tyend procedure for sanction. sional staff provides suliport services in the fol- commission receives all complaints involving the , -- Before the com- lowing areas: accounting, budgeting, and pur- discipline and removal of judges. chasing; education, training, and publications; mission determines that there is sufficient cause make prelim- periponnel systems; and planning and research ac- to warrant formal proceedings, it may tivities including statistical compilation, judi- inary investigations. It has the right to require basis in cial planning, remearch, evaluation, and statisti- a judge to meet with it on an informal reference to matters that relate to the discharge cal analysis. [Fla. R. Jud. Admin., Rule 2.030; General Ap- of judicial duties. If a preliminary investiga- propriations, 1979-81, p. 220; State Courts tion indicates the necessity for formal pro- Administrators, p. 34] ceedings, the commission designates counsel to prosecute the charges and represent thecommission. The judge in question is notified of the charges Quasi-Judicial Officers end a hearing is set. Legal evidence only is re- 6.0 There are no provisions for quasi-judicial of- ceived and the judge is entitled to all procedural The commission keeps I record of all pro- ficers in Florida. rights. ceedings. At the conclusion of the proceedings, the commission prepares a transcript of the evi- Judicial Discipline dence and makes written findings of fact and con- 7.1 Judicial Qualifications Commission. The com-, clusions of law when recommending to the Supreme , of a mission consists of the following 13 members: two Court the discipline, retirement, or removal Upon recommendation of two-thirds of the District Court of Appeal judges selected by the judge. District Court of Appeal, two Circuit Court judges members of the commission, the Supreme Court may selected by the Circuit Court, two County Court order that the judge or justice be disciplined by judges selected by the County Court, 'two members reprimand, be removed from office, or be involun- of the Florida Bar chosen by its Board of Gover- tarily retired. [Const., Art. V, §12; Florida Judicial Quali- nors, and five nonlawyers appointedby the Gover- fications Commission Rules, Rules 6 to 22) nor.

9 4

198 4 GEORGIA

Cqurt of Last Reaort as members of the Generst Assembly. They are elected for 6-year terms. When a vacancy occurs, the Governor appoints a person to hold office until 1.1 SUPREME COURT. The Supreme Court of Georgia sits in Atlanta,for three tet;ms per calendar year a successor is elected and qualified at the next beginning on ehe first Monday of January, April, regular election. nd September. Oral arguments may be heard outside [Const. 2-3101 (Art. VI, III) II4Const. the capital. 2-3103 (Art. VI, SU) IIII; Const. 2-4201 [Georgia Code Annotated (hereinafter Ga. Code (Art. VI, SVIII) I I) Ann.) Sections 24-3604, 24-38011 1.5 Administration 1.2 Organization. The Chief Justice is empowered a. There are no formal provisions concerning to create two divisions of the Supreme Court, and the administrative authority of the Supreme Court ( to designate which judges will sitin each divi- or the Chief Justice over.the state judicial sys- sion. The Chtef Justice himself presides over the tem. In regard to the Supreme Court, the Chief First Division and designates who will preside over Justice has no specific administrative duties other the Second Division. Supreme Court Rule 38 states, than designating two divisions of the court, as * however, that for the purpose of hearing an argu- noted in Section 1.2. ment, the court will sit as a whole. b. Raferenci Section 5.2.b (state-level admin- [Ga. Code Ann. SS24-4011, 24-45381 istrator). c. The clerk, occupying a statutorily author- 1.3 Jurisdiction a. The Supreme Court has no original juris- ized position, ts appoanted by the court for a 6- There are no formal provisions for diction. year term. b. The appellate jurisdiction of the Supreme assigning admihistrative duties to the clerk. Re Court encompasses the trial and correction of has responsibilities as determined by the court. errors of law in all questions Involving construc- Ica. Code Ann. SS24-4011, 24-4101, 24-4103) tion of the constitutions of the United States or 1.6 Rule-making. While the Supreme Court has the of Georgta, apd treaties between the United States power to prescrtbe, modify, and repeal rules of and foreign governments; questions Involving tttle procedure, pleadwg, and practice in alrkinds of to land, equity cases; validity of and contructton crimtnal and civil cases, thtemste rule-msking of wills, habeas corpus, extraordinary remedies; authority rests with the Georgia General Assembly. divorce and alimony; all capital felony cases; and Supreme Court prescription, modification, repeal, all cases certified toIt by the Court of Appeals or amendment of rules does not take effect until The for review and decision. The court also has juris- ratification and confirmation by the Assembly. diction in case involving state revenue, contested court may establish, amend, and alter its own rules The elections, and the validity of legislative enact- of practice without legislative concurrence. ments of municipalities. This jurisdiction was Supreme Court may also prescribe administrative originally Nested in the court by Ga. Code Ann. rules for tre own operations. The court may, by rule of the court, provide for retention schedules 424-3903. The court, however, has struck down that section as. unconstitutional on the basis that the for court records. General Assembly cannot prescribe cases to the (Ga. Code Ann.SS24-390q24-4016, 40-803c, Supreme Court. The same jurisdiction has since 81-1501, 81-15031 been vested in the Supreme Court by its own rule. The court can receive and answer certificates as Intermediate Appellate Court to state law from the federal appellate courts. [Constitution 2-3104 (Article VI, SectionIi) 2.1 COURT OF APPEALS. The Court of Appeals sits Paragraph*IV; Ga. Code Ann. 124-3901; Supreme in Atlanta for three terms per calendar year begin- Court Rule 36; Vol. 236 Southeast Reporters ning on the first Monday of January, April, and 2nd, p. 759; Fifth Annual Report p. 351 September. 1.4 Justices (7) [Ga. Code Ann. S24-3801) a. The Chief Justice and the presidingjultice 2.2 Organization. The Court of Appeals has state- who acts in the place of the Chief Justice when he wide jurisdiction. The court sits in three panels is either absent or disqualified, areelected by of three judges each. The chief judge presides will erve the justices. The Chief Justice remains in this over the first panel and designates who role for the remainder of his term'ss justice: in and preside over each of the other two panels. b. Supreme Court justices must beit least 30 The court sits as a whole to hear cases in which years old, must have been statecitizens for atj there was a dissenting vote in one of the panels, least 3 years, and must have practiced law for at or when a majority of all membens determines that a case hould be heard by the court sitting as a least 7 years. c. Supreme Court justices standfor popular whole. election at the same time and in the same manner (Ga. Code Ann. S124-3501(1971), 24-4011)

199 Figure 1:Georgia "court system, 1980

SUPRFNE COURT ,7 justice. Jurisdiction - Appellate Jurisdiction over cases ofconstitutional-issue, title Court of to land, validity of and construction of wills, hsbeam corpus, last extraordinary remedies, convictions of capital felonies, equity, resort divorce, alimony. Certified quemtionm and certiorari from Court of Appeal..

Capital feloniea. Conmtitutionaliiau.. Title to land, va- COURT OF APPEALS Intermediste lidity of and con- 9 judges appellate truct ion of wills, Jurimdicticm: COUrt equity end divorce, Appellate jurisdiction over lower courts in cases in which the Supreme Court ham no exclusive appellate jurisdiction.

SUPERIOR COURT (42) 110 judge. Court of Jurisdiction' - Exclesive )urisdiction in divone, title to land, and equity mineral maters. Law cases. jurisdiction Exclumive jurisdiction in felony cameo. Freldminery hearings nd misdemeanor camem. - Juvenile emitter, (if no juvenile court). Appeal. from civil camem and confessed judgments. Jury trials. mi A 111 Certiorari

7, =Vim, STATE COURT (60) JUVENILE COURT (55) CIVIL COURT (2) MUNICIPAL =IT (2) 48 juvenile judges. 3 judo, 2 judge, (Located 77 judgem 5 Stets Court and 100 (Located in Bibb and in Savannah and Jurimdiction: Superior Court Judgem Richmond Countiem) Columbus) (variem) - Civil camem not serve in counties with Jurisdiction: Jurimdiction* no independent Juve- - Civil law Clues - Civil law and within exclusive jurisdiction of nile Coukt. under $3,000 in 4landlord-tenent Jurisdiction: Bibb County and cases (amount the Supreme - Dependent, neglected under $10,000 in varies). Court.In ex and delinquent Richmond County. - Misdemeanor., pre- delicto camem. juvenile matters. - Misdemeanors, pre - liminry hearings. Misdemeanors, liminry hearings, Jury trial, in civil nd pre liminsry end ismuance of cases. hearings. warrants. Jury trial,. Jury trials.

COUNTY ODURT (3) JUSTICE OF THE MAGISTRATE COURT (4) SMALL CLAIMS COURT 2 judo. probate PEACE ODURT (1774) 5 essimtrates (97) 1551 Judge. Jurisdiction: 97 Judges .9011$ Jurisdiction: (Locat n, Jurisdiction: Civil getter, under (van's.) Court. of Echo - Contract., tort, 91,000 ($2,000 in Civil action, limited Coun or cony:Diatom un- Rockdale and Clarke from $400 to Jurisdiction Juri der $200 (up to Counties). - Civil netters 92,000 in some Freliminaxy hearings, $5,000. eerie, to $500, countiem). mimdemesnor guilty Iamue criminal except when ex - Issue aaaaa nts oleos, issue warrant., pre- cluaive jurisdic- and act es court warrants. liminary tion im given to of inquiry. - Traffic matters in hearings. the Superior Court. Internal appellate Clarke County. Jury trials. - Misdemeanors. procedure available. Jury trial, in Clarke Jury trial,. County.

PROBATE COURT (158) RECORDER'S ODURT, MAYOR'S ODURT, 159 Mips CRIMINAL COURT, MUNICIPAL COURT, CITY Jurisdiction: COUNCIL COURT, POLICE COURT (383) - [actuates jurisdiction in probate of wills, Jurisdiction: delnistretion of estate., appointment of - Ordinance violations, preliminry hearings. suer:Rama, issuance of lunacy coMmismionm, - Traffic matter.. and iseuance of marriage licenses. No jury trial.. - Fish andsewlows in some counties. - Traffic in some counties. - Truancy in some counties. N. jury trials. II1

Iedicates route of appeal. 11' 2n The Georgia constitution pro- 2.3 Jurisdiction 3.4 Judges (110). s. The Court of Appeals has nooriginal juris- vides for a judge of the Superior Court in each of Ahe state's 42 judicial circuits. diction. b. The Court of Appeals has appellate jurisdic- a. There is no provision for a chief judge over Local laws tion over cases heard in the Supertor Courts, cer- all the circuits of the Superior Court. individual courts; tain State and City Courts, and Juvenile Courts may provide for chief judges for when exclusive appellate jurisdiction has not been provisions vary by court. b. Superior Court judges must be at least 30 vested ,in the Supreme Court. (Con't. 2-3108 (Art. VI, SU) I's VIII,IX, Ga. years old, must have been state citizens for at Code Ann. SI2-3708 (1948), 6-701 (1964), lekat3 years, and must have practiced law for at 24-2107a) least7 years. c. Superior Court judges are elected to4-year 2.4 Judges (9) a. The chief judge, who is also theprestding terms by the voters .ill-their respective' judicial Fulton CoUlty Superior Court judges, judge,is selected by his fellow judges and serves circuits. however, serve 8-year terms. at their pleasure. b. Court of Appeals judges must be at least 30 (Const. 2-3201 (Art. VI, S111) 11, Const. 4 years old, must have been citizens of the statefor 2-3202 (Art. VI, SII1) 111, Const. 2-4201 I, Ga. Code Ann. SS24-2601, at least 3 years, and must have practiced lawfor (Art. VI, 5XIII) 1 c.,, 24-2602, 24-2603, Assistant Director for Courts at least 7 years. c. Court of Appeals judges are elected to6- toordinatiou and Research) year terms at general elections. 3.5 Administration chief (Conat. 2-3103 (Art. VI, III) 1III, Const. a. Whereas there is no provision for a judge over all the circuits of the Superior Court, e 2-3108 (Art. VI, III) 1 VIII, Const. 2-4201 local laws may provide for chief judges for the (Art. VI, SE111) II, Ga. Code Ann. S524-3501, Powers and duties of chief 24-3502) individual circuits. judges vary from court to court. The District 2.5 Administration a. The chief judge divides the court intothree Council, composed of all Superior Court judges panels, presides over the first, designates who within each district, elects an "administrative The 10 administra- will sit in and preside over the other two, and judge" for a term of 2 years. distributes cases so as to equalize the workload tive judges have the authority to assign consenting Superior Court judges within their respective dis- among the divisions. tricts to sit on any type of case or handle other b. There is no provision for an administrator administrative or judicial matters in the district, for the Court of Appeals. Reference Section 5.2.1) and to request, collect, and receive infornistion (state-level administrator). from the Courts of record wlthin ;he district. c. The clerk, occupying aconstitutionally authorized position, is appointed by the court for b. There is no provision for an administrator over all the circui/s of the SuperiorCourt. While a 6-year term. He has responsibilities as deter- there are no statutry provisions for court admin- mined by the court, (Const. 2-3108 (Art. VI, III) 1 VIII; Ga. Code istrators for the circuits, some trial court admin- Ann. 124-3501; Outline of Basic Appellate Court istrator positions have been created by local court The administrative judge of each district Structure in the.1).S., p. 42] rule. may hire an administrative assistant, who acts as 2.6 Rule-Makirl. Reference Section 1.6. a district court administrator and isresponsible for assisting the administratve judge in his Court of General Jurisdiction duties, which include supervising all courts of record In the judicial district. 3.1 SUPERIOR COURT. The Superior Court must sit in each county not less than twice in each year at c. Clerks, occupying statutorily authorized positions, are elected to 4-year terms. There are times set by law. (Const. 2-3308 (Art. VI, 'IV) 1 VIII, Ga. Code no formal provisions for assigningadmintstrative They have responsibilities Xnn. 124-26011 duties to the clerks. as determined by their respective courts. 3.2 Organization. There are 42 circuits, compris- (Ca. Code Ann. S524-33A, 24-2701, 24-3305a; ing 1to 8 counties each. A Superior Court sits Assistant Director for Courts Coordination and at least twice a year in each county seat(a total of 159 locations) and has countywide jurisdiction. Research) There are no specialized divisions of the court. 3.6 Rule-making. Reference Section 1.6. (Const. 2-3201 (Art. VI, SIII) II; Ga. Code Courts of Limited or Special Jurisdiction Ann. I)4-26011 3.3 Jurisdiction 4.1.1 PROBATE COURT (formerly COURT OF ORDINARY) a. The Superior Court has exclusiveoriginal jurisdiction in criminal cases where the offender The'Probate Court holds terms on a monthly basis. is subjected to Loss of life or confinement in the (Ga. COde Ann. S24-21011 , penitentiary, except in the case of juvenile offen- 4.2.1 Organization. There are 159 Probate Courts There are ri.o specialized dere as provided by law; in cases of divorce; in statewide (1 per county). cases involving title to land; andin equity cases. divisions of the court. (Const. 2-3501 (Art. VI, SVI) I I( b. The Superior Court has appellatejurisdiction in certain civil cases tried in the County 4.3.1 Jurisdiction Court, or where judgment is confessed, and to re- a. The Probate Court has exclusive original jurisdiction over the probate of wills, adminis- view judgments of the Probate Co and the [ration of estates, and appointment of guardians; Justice of the Peace Court. (GOnst. 2-3301 (Art. VI, 1IV) II; Ga. Code the court also has the authority to issue marriage licenses and permits to carry pistols or revolvers. Ann. 124-26151

i) 1I, * 201 4...f A .....) d5( The Probate Court has criminal jurisdiction over 4.3.2 Jurisdiction misdemeanor violations of the Georgia State Highway a. The Juvenile Court has jurisdiction over Patrol Act of 1937 if there is no County or State cases involving dependent, neglected, and delin- Court located in the county. The court has juris- quent juveniles, including appointment of guard- dLction in all cases arising under the compulsory ians. It can also conduct bail and detention school attendance law in all counties without a hearings, issue arrest warrants, and act as a State Court, provided a jury trial is waived. In court of inquiry. The court has concurrent juris- coutfties without State or County Courts, the Pro- diction with the Superior Court over a child who bate Court also tries violations of fish and game is alleged to have committed a delinquent act that laws. It may hear habeas corpus actions except in would be considered a crime if tried in the - felony cases or where a prisoner is being held for Superior Court and for which the child may be pun- extr'adition. ished by a sentence of death or life imprisonment. b. The Probate Court has no appellate jurisdic- The court can conduct bail hearing, issue arrest tion. warrants, and act as a court of inquiry. [Const. 2-3502 (Art. VI, SVI) I II; G. Code b. The Juvenile Court has no appellate juris- Ann. 1124-1804, 24-1901, 26-2.904, 45-547, diction. 50-103, 92A-501, 92A-502) [Ga. Code Ann. $624A-301, 24A-302, 24A-1402 to 4.4.1 Judges (159).Each of the state's 159 24A-1404, 24A-39011 counties has one Probate Court with one probate 4.4.2 Judges (48 juvenile _judge'ts;5 State Court judge. judges and 100 Superior 41urt judges serve in a. The Probate Courtidoes not have presiding counties with no independent Juvenile Court) ir judges. a. In practice, the judge who is senior in b. In counties with less than 100,000 popula- service serves as the chief judge in a multi-judge tion, Probate Court judges must be at least 21 Juvenile Court. years old, must be state citizens, and must be b. Juvenile Court judges must be at least 30 qualified voters. In counties with more than years old, must haye been state citizens for at 100,000 population, Probate Court judges must be least 3 years, and must have practiced law for at at leas30 years old and must have either prac- least 3 years. Judges are prohibited from directly ticed law for at least 3 years or acted as clerk or indirectly practicing law in or being a partner of the Probate Court for 5 years. in a law firm that practices law in a Juvenile c. Probate Court judges are elected to 4-year Court. terms on a partisan ballot in county elections and c. Juvenile Court judges are appointed for 6- serve until their successors are elected and quali- year terms by the Superior Court judges of the fied. counties. [Const. 2-3501 (Art. VI, SVI) I I; Const. [Ga. Code Ann. $24A-201; Courts of Limited 2-3503 (Art. VI, SVI)I III; Ga. Code Ann. Jurisdiction, p. 770Assistant Director for $124-1711, 24-1711.1, 24-1702, 24-1713) Courts Coordination and Research; Director of 4.5.1 Administration the Administrative Office) a. There are no provisions for presiding judges 4.5.2 Administration . for the Probate Court. a. The administrative duties of chief judges b. There are no provisions fosr administrators vary according to county. for the Probate Court. Reference Section 5.2.b b. While there are np statutory provisions for (state=level administrator). judicial administrators for the separate Juvenile

c. Probate judges are clerks of th911- own Courts, five-Juvenile Courts have created such , courts but they may hire clerks who serve at their positions by local court rule. 'Their administra- pleasure. There are no formal provisions for tive duties vary according to county. assigning administrative duties to the clerks. c. Clerks are appointed by the Juvenile Court They have responsibilities as determined by their judges. There are no formal provisions for assign- respective cqprts. ing administrative duties to the.clerks. They have (Ga. Code Ann. $24-1801) responsibilities as determined by their respective 4.6.1 Rule-making. Reference Section 1.6. The courts. Probate Court may adopt rules not inconsistent with [Ga. Code Ann. $24A-603; Assistant Director for the constitution and laws of the United States and Courts Coordination and Research; Director of the constitution and laws of Georgia. the Administrative'Office) [Ga. Code Ann. $24-106) 4.6.2.Rule-making. Rules of practice and procedure for the Juvenile Court are promulgated by the 4.1.2 JUVENILE COURT. The Juvenile Court sits in Council of Juvenile Court Judges (reference Table continuous session. 26: Judicial councils and conferences). [Director of the Administrative Office of the [Ga. Code Ann. $24A-5011 Courts) 4.2.2 Organization. Statutes provide for the 4.1.3 JUSTICE OF THE PEACE COURT. The Justice of stablishment ot a Juvenile Court in all counties the Peace Court holds terms on a monthly balis. having s population of more than 50,000 (approxi- [Ga. Code Ann. 124-9011 mately 18 of the 159 counties). Less populated 4.2.'3 Organization. Unless otherwise changed by counties may also have a-Juvenile Court created law, there is one elected justice of the peace in upon the recommendation of two successive grand each of the militia districts. In addition, a juries. A Juvenile Court has been established in notary public, who serve: as ex officio justice of approximately 55 of the state's 159 counties. In the peace, may be appointed in each militia dis- the remaining counties, a judge of the Superior/ trict. The General Assembly may abolish Justice Court sits as the juvenile judge. Ther% are no of the Peace Courts in any city in which the popu- specialized divisions of the court. lation exceeds 20,000. There are no specialized (Ga. Code Ann. 124-201; Fifth Annual Report, divisions of the court. P. 73) 202 [Const. 2-3601 (Art. VI, 1VIII) II; Director within the exclusive jurisdiction of the Superior of the Administrative Office] Court except when the original act that created the court limited the jurisdiction of the court to in- 4.3.3 Jurisdiction a. Justices of the peace have criminal juris- jury to person and reputation. diction to issue warrants, hold commitment hear- b. The State Court has no appellate jurisdic- ings, and act as conservators of the peace. Jus- tion. tices of the peace have jurisdiction in all civil [Ga. Code Ann. 1124-2101a, 24-2106a; Director cases arising out of contract and in cases of of the Administrative Office] injury or damage to and conversion of personal 4.4.4 - property, when the principal sum does not exceed a. While there are no general statutory pro- 'visions for presiding judges, local stItutes or $200. Local amendments to the constitution have raised that amount in 18 counties to between $500 court rule may provide for one, as in Fulton county, where judges of the State Court elect a and $2,000. b. The Justice of the Peace Court has an inter- chief judge. nal appeal mechanism as an alternative to an appeal b. State.Court judges must be members of the to the Superior Court. This appeal may be mode to state bar and must have practiced law for at least a jury composed of the justice of the peace and 3 years. 4-year five other jurors. c. State Court judges are elected to [Const. 2-3602 (Art. VI, IVII) I II; Ga. Code terms by the citizens in their respective counties. Ann.N)46-401, 24-1501] [Ga. Code Ann. 124-2111a; Georgia Laws 1970, 4.4.3 Judges (1531 Justices of the peace) 1287; Georgia Laws 1976, 3023; Reincke, Mary, a. The Justice of the Peace Court does nothave Ed. The American Bench; Judges of the Nation (hereinafter The American Bench), p. 444] presiding judges. b. Justices of the,peace must have been county 4.5.4 Administration residents for at least years and must have been a. The responsibilities and powers of the chief district residents for at least 3 mionths immediate- judge over all the state courts are stated in If chief judge ly preceding their election. Georgia Laws 1976, 3023 and 3026. c. Justices of the peace are elected to4-year is specified for a particular State Court, the lo- terms in militia districts of their respective cal legislatiom creating the court must be investigated to determine if specific duties and powers counties. Ex officio jurgices are appointed by Superior Court judges and commissioned by the Gov- are assigned to the chief judge. b. There are no provisions for administrators ernor. [Const. 2-3601 (Art. VI, IVII) I1; Const. for the State Court. Reference Section 5.2.b 2-3601 (Art. VI 1VIII) II; Ga. Code Ann. (state-level administrator). 1124-401, 24-402; Director of the Administra- c. Local legislation for these.courts specifies that there be either A clerk of court or that the tive Office] Superior Court clerk will serve as the clerk of the 4.5.3 Administration a. There are no provisions forpresiding judges State Court. for the Justice of the Peace Court. [Director of the Administratiave Office of the b. There are no provisions for administrators Courts] for the Justice of the Peace Court. Reference Sec- 4.6.4 Rule-making. Reference Section 1.6. tion 5.2.b (state-level administrator). c. There are no provisions for clerks forthe 4e1.5 SMALL CLAIMS COURT. The Small Claims Court Justice of the Peace Court. holds terms according to the act of the General Assembly creating the specific court and 4.6.3 Rule-making.. Reference Section 1.6. The Justice of the Peace Court may adopt rules not amendments to the act. Few courts have set terms. inconsistent with the constitution and laws of the [Director of the Administrative Office] United States and the constitution and laws of 4.2.5 Organization. Small Claims Courts are Georgia. created by local acts of the General Assembly. [Ca. Code Ann. 124-106] Fourteen such courts were created by the 1979 legislature. Specific information on each court is 4.1.4 STATE COURT (formerly the CONSTITUTIONAL CITY determined by the local acts. [Director of the Administrative Office] COURT). The State Court holds terms according to amendments to the act of the General Assembly. 4.3.5 Jurisdiction Claims Court [Ga. Code Ann. I24-2103a] a. The various courts of the Small have civil jurisdiction that ranges from $400 to 4.2.4 Organization. The State Court has countywide jufisdiction, concurrent with the Superior Court. $5,000. Most of these courts have a maximum juris- State Courts are authorized in counties with a dictional amount between $1,000 and $1,500. Of the population of 10,000 or more and must be estab- 97 courts, 63 have jurisdictions limited to cases In all but four of the courts, lished individually. Local statutes may provide out of contract. the judges have the full powers of justices of the for div.isions. Since 1970, certain Criminal and Civil Courts have been consolidated and brought peace. within the state court system by local legislation. b. The Small Claims Court has no appellate [Georgia Public Laws (hereinafter Georgia jurisdiction. Laws) 1970, 1287; Director of the Administra- [Difiector of the Administrative Office] tive Office;, Assistant Director for Courts 4.4.5 Judges (97) presid- Coordination and Research] a. The Small Claims Court does not have 4.3.4 Jurisdiction ing judges. a. The State Court has criminaljurisdiction b. Small Claims Court judges must generally be county residents, must be 21 years of age, and must over all misdemeanor cases. The court has juris- Judges in only a few diction to try and dispose all civil cases not be of good moral character. of the courts are required to be attorneys.

203 \4I C. Eleven Small Claims Court judges are 4.6.6 Rule-making. Rule-making authority is the elected. Depending on the specific act creating same as that fot the Superior Court (which follows the court, the remaining judgeships are filled by that of the Supreme Court.) Reference Section 1.6. appointment by the Governor, the county grand jury, [Director of the Administrative Office] the sienior Superior Court judge, or the county commissioners. In six counties, Probate or State 4.1.7 MAGISTRATE COURT. The term of the Magistrate Court judges serve the Small Claims Court. The Court varies. Terms may be held on a monthly or wterm of office varies from 1to 4 years, but is semi-monthly basis. generally 4 years. [Georgia Laws 1977, 4450 at 4459; Georgia Laws [Geor*ia Courts Journal, June 1979, p. 14; 1978, 3907 at 39131 Administrative Office of the Courts, Research 4.2.7 Organization. A Magistrate Court has been on Small Claims Courts, 19791 established in four counties. There are no 4.5.5 Administration specialized divisions of the court. a. There are no provisions for presiding judges 4.3.7 Jurisdiction for the Small Claims Court. a. The Magistrate Court has criminal jurisdic- b. There are no provisions for administrators tion over minor criminal cases. The court has the for the Small Claims Court. same criminal jurisdiction as a justice of the c. Local legislation provides that a judge may peace, which includes issuing warrants and conduct- act as his owm clerk or may, at his discretion, ap- ing committal hearings. In Clarke County, the point a clerk to be compensated by fees. The clerk court hears traffic violations. They also hear has responsibilities as determined by the court. county ordinance cases. Civil jurisdiction is lim- [Director of the Administrative Office] ited to cases involving a dollar amount of $1,000 4.6.5 Rule-making. Some acts creating courts or less except in Clarke and Rockdale Counties, specify procedures, form, etc. Other acts give the where the courts have civil jurisdiction over judges the authority to change and make rules. claims of $2,000 or less. [Director of the Administrative Office] b. The Magistrate Court has no appellate jurisdiction. 4.1.6 MUNICIPAL COURT. The Municipal Court holds [The American Bench, p. 491; Director of the terms on a monthly basis. Administrative Office] [Director of the Administrative Office] 4.4.7 Judges (5 magistrates) 4.2.6 Organization. A countywide Municipal Court a. The Magistrate Court does not have presiding exists in Columbus and Savannah. There are no judges. - specialized divisions of the court. b. Qualifications for Magistrate Court judges 4.3.6 Jurisdiction vary. In Baldwin County, the Small Claims Court a. The Municipal Court Of Columbus and the judge serves as the judge of the Magistrate Court. Municipal Court of Savannah have limited criminal In Rockdale County, Eagistrates must be 25 years jurisdiction in misdemeanor offenses. These courts of age, must be taxpayers, must be members of the (which have countywide jurisdiction) are different bar, must have been residents of the county for 2 from other Municipal Courts that have criminal years, and must have been in the practice of law jurisdiction over ordinance and traffic violations in the state for 3 years. In Clarke County, magis- only and are established for incorporated Funici- trates must be 27 years of age, must have been palities. The civil jurisdiction of the Municipal residents of the county for 2 years, and must have Court of Columbus extends to claims not exceeding been in the practice of law for 3 years. $5,000. The Municipal Court at Savannah hears c..Magistrates in Rockdale County are appointed claims not exceeding $1,500. for.2-year terms by the Board of Commissioners. b. The Municipal Court has no appellate juris- In Baldwin and Glynn counties, they are appointed diction. for 4-year terms by the Governor. In Clarke Lkirector of the Administrative Office] County, they are elected to 4-year terms by the 4.Xt Judges (2) voters of the county. a. The Municipal Court does not have presiding [Director of the Administrative Office] judges. 4.5.7 Administration b. Municipal Court judges must be 25 years of a. There are no provisions for presiding judges age, residents of their respective counties, and for the Magistrate Court. must have practiced law for 5 years prior to elec- b. There are no provisions for administrators tion or appointment. for the Magistrate Court. c. Municipal Court judges are elected or ap- c. Local legislation creating the court pro- pointed according to the local charter to 4-year vides for a clerk, who is generally appointed by terms by the voters of the counties. the judges or the county Board of Commissioners. [The American Bench, p. 491; Director of the [Director of the Administrative Office] Administrative Office] 4.6.7 Rule-making. The Magistrate Court judge 4.5.6 Administration makea rules for his court in Rockdale County. The a. There are no provisions for presiding judges judge of the Magistrate Court in Clarke County does _for the Municipal Court. not have rule-making authority. The legislation b. There are no provisions for adilinistrators creating the Magistrate Courts in Glynn and Baldwin for the Municipal Court. Counties does not specify a rule-making authority. c. Local legislation provides for a clerk in [Director of the Administrative Office] Savannah, who is appointed by the Board of Commis- sioners upon recommendation of the judge. In 4.1.8 COUNTY COURT. The County Court holds terms Columbus, the clerk is elected to a 4-year term by on a monthly basis. the votefs of the city. The clerks have responsi- [Director of the Administrative Office] bilities as determined by the court. 4.2.8 Organization. Single-judge County Courts [Director of the Administrative Office] have been established by local act in Baldwin,

204 Echols, and Putnam Counties. There are no special- 4.4.9 Judges (3) ized divisions of the court. a. The chief Judge of the Civil Court of [The American Bench, p. 4901. Richmond is elected to a 4.-year term. b. Civil Court Judges must be qualified voters 4.3.8 Jurisdiction They must also have a, The County Court has criminal Jurisdiction of their respective counties. the practice only in misdemeanor cases. The court has civil a minimum of 5 years of experience in In Bibb Jurisdic/ion concurrent with the Superior Court of law immediately preceding the election. except in cases that are within the exclusive Ju- County, Judges must be at least 25 years of age. 4-year risdictton of the Superior Court. In civil cases, c. Civil Court Judges are elected to there is a limited Jurisdictional amount that terms by the voters of their respective counties. varies for each court. Echols has the highest [Director of the Administrative Office] Jurisdictional amount, which is $500. 4.5.9 Admineltoration clerk, b. The County Court has no appellate Jurisdic- a. The chief judge may appoint a sheriff, chief deputy sheriff, court reporter, and tion. [The American Bench, p. 490; Director of,'the secretaries. He determines the compensation of s'et by statute. Administrative Office] these officers within limitations 4.4.8 Judg4s (2; one probate Judge serves) b. There are no provisions for administrators a. The County Court does not have presiding for the Civil Court. c. Local legislation provides for aclerk of Judges. b. In Echols County, the Probate Court Judge court. The clerks have responsibilities as deter serves as Judge of the County Court. In Baldwin mined by the court. and Putnam Counties, County Court Judges must be [Director of the Administrative Office] Reference Section 1.6. 25'year5 of age, and they must have been residents 4.6.9 Rule-making. of their respective counties for 2 years prior to election or appointment. 4.1.10 RECORDER'S COURT, MAYOR'S COURT, CITY COUNCIL COURT, CRIMINAL COURT, POLICE COURT, c. In Echols County, the Probate Court Judge serves also as the County Court Judge. In Baldwin MUNICIPAL COURT (except Savannah and Columbus) and Putnam Counties, the County Court Judges are There are 383 of these courts which are' appointed for 4-year terms by the Governor. created in the city charters and may have moved [Director of the Administrative Office] from active to inactive status and back se,veral times during the history of the city. Generally 4.5.8 Administrar%on a. There are no provisions for presiding Judges there are no set terms in these courts. Geographical jurisdiction extends only over for the County Court. They have original Jurisdietion b. There are no provisions for administrators the municipality. traffic for the County Court. over municipal ordinances including CRe c. Local legislation states.that in Echols offenses and have the powers of a justice of County the probate Judge serves as ex officio clerk peace. They have no appellate jurisdiction. Generally, these courts have only one Judge of the County Court. In Putnam and Baldwin Count- ies, the Judges have the responsibilityfor keeping each. Judges of the Recorder's Court are ap- dockets and records. pointed and serve at the city government's plea- In a Mayor's Court, the mayor sits asjudge [Director of the Administrative Office] sure. Each individual charter 4.6.8 Rule-making. In Echols, Baldwin, and Putnam for his term in office. Counties, rule-making is the same as that for the determines the-requisite qualifications of the These vary considerably, but many do have Superior Court (which follows that of the Supreme Judge. a residency and age requirement. Court). Reference Section 1.6. [Georgia Laws 1953, 31951 State-Level Administration 4.1.9 CIVIL COURT. The Civil Court holds terms on There are a monthly basis. 5.1 General administrative authority. concerning the administrative [Director of the Administrative Office] no formal provisions , authority of the Supreme Court or the Chief Justice 4.2.9 Organization. Two Civil Courts currently over the state judicial system. The Judicial Coun- exist: the Civil Court of Bibb County and the Judicial councils and Civil Court of Richmond County. There are no cil (reference Table 29: specialized divisions of the court. conferences) acts as an advisciry body on matters [Georgia Laws 1955, 2552; Georgia Laws 1971, of state court administration. [State Court Administrators, p. 361 2745] 5.2 Administrative Office of the Courts 4.3.9 Jurisdiction a. The Administrative Office of the Courts was a. The criminal jurisdiction of a Justiceof the peace is vested in both courts, enabling a created by aict of the 1973 Gineral Assembly. Judge to issue criminal warrants and serve as a b. Director Of the Administrative Office of the committal court for misdemeanor and felony offen- Courts (1) The position was created in 1973 by the ses. The Civil Court of Bibb County has jurisdiction in civil cases not exceeding$3,000 and is ex- General Assembly. pressly provided authority to .try suits against (2) In practice, the Director of the Admin- non-residents whet.; service is perfected on the sec- istrative Office of the Courts must have under- graduate and graduate degrees in businessadminis- retary of state. In Richmond County, the Civil tration, public administration, or judicial admin- Court has Jurisdiction in cases not exceeding istration. He must eilso have experience at a mana- $10,000. b. The Civil Court has no appellate jurisdic- gerial level in judicial administration and must possess a proven professional commitmentto judi- tion. The Judicial Council (refer- (Ga. Code Ann. S68-8; Georgia Laws 1971, 2745,, cial administration. Judicial councils and conferehces) Georgia Laws 1979, 30621 ence Table 29:

205 \ 0 ) (1 Figure 2: .Georgia state-level administrative office of the courts, 1980

Superior Courts Judicial Council Council of Sentence Review of Juvenile Court Panel Georgia Judges

Judicial Institute of Con- Administrative Board of Planning tinuing Judicial Office of the Court Commission Education Courts Report a

1 I I Director Secretary I

1 1

IN.m I Staff Assistant Director Assistant IAssistant Director 1 Clerk Director for 1 Director for for Court Coordina- Operations tion and Research Administration I 11 1 1 I Deputy Administra- Cledt IISecretaryII FOlisfci:er tive L

' Assistant Education Secretry Secretary Officer Secretary Clerk

'i Par t -t imp .. [ AM Secretary IBookkeeperI Traffic Courts Senior Juvenile Research11 Court Courts .-, ISecretary- Consult Training Facilities Associate Consultant Coordinator 1 I IRecep- ICourts Research tionist/_ Consult Jury AssociateI Secretary Secretry typist Management ww 1 I Courts Consult Research Associate IResearch Records Records Assistant ? Management Management I

Courts Consult I Traffic I) 1 4 Consult Systems w. Analyst I

Computer Programmer wIllo

..% a screens applicants credentials before appointing quency, or unruly or deprived children be conducted a Director. In the first instance by a referee.The judge may (3) The Director is responsible for as- also direct that any case or class of cases invol- sisting in the preparation of the state judicial ving juvenile troffic offenses be heard tn the branch budget, appearing before legislative com- first Instance by a traffic referel.. mittees, and providing staff services to the [Ga. Code Ann. SS24A-701, 24A-3102] Judicial Council. c. Office organization. The Administrative Of- 6.1.3 COBB COUNTY STATE COURT fice of the Courts consists of 24 people: 17 pro- 6.2.3 Magistrate fessionals, (including the Director of the Adminis- a. Magistrates must be 21 years old and must trative Office) and7 clerical personnel. In addi- be citizens of Cobb County and of Georgia. They tion, one person works part-time. The professional must also be members of the Georgia Bar. Magis- staff provides support services in the following trates are elected to 4-year terms. areas systems analysis, programming, computer op- b. Magistrates may issue warrants, conduct erations, records management, forms development, commitments, or admit offenders against the laws field representation, and data entry; court coordi- of the state to bail. Upon the authority of the nation, facilities management, and other court senior judge of the State Court, they can try all services; payroll, accounting, auditing, budgeting, cases involving violations of the ordinances of and purchasing, education, training, library serv- Cobb County and the traffic laws of the state. ices, and publications, personnel systems and office management, legislative, executive, public, 6.1.4 RECORDER'S COURT OP DEKALB COUNTY and media information, legislative and executive 6.2.4 Magistrate liaison; and planning and research activities, a. Commissioners of DeKalb County may ippoint which include statistical compilation, judicial magistrates to the Recorder's Court of DeKalb planning, 04.earch, evaluation, statistical analy- County. This is the authority for the creation of sis, and legislativ0 drafting. the Magistrate's Division of the Recorder's Court [Georgia Laws 1973, 288, June 12, 1978 Supreme of DeKalb County. The two magistrates are appoint- Court Rule, State Court Administrators, pp. ed by the County Commissioners. 36-37, Director of the Administrative Office, b. The magistrates issue warrants, hold com- Assistant Director for Court Coordination and mital hearings, and set bail. Research] Judicial Discipline Quasi-Judicial Officers 7.1 Judicial Qualifications Commission. The com- two judges of 6.1.1 SUPERIOR COURT mission consists of seven members: 6.2.1 SEectal master any court of record selected by the Supreme Court, a. The Superior Court judge may appointspecial three members of the state bar elected by the Board masters who serve at the pleasure of the appointing of Governors of the state bar, and two non-lawyer judge. A special master must be a practicing citizens appointed by the Governor. attorney, must be in good standing, and must have [Const. 2-4203 (Art. VI, inn) 1 MOM practiced law for at least3 years. 7.2 Authority and procedure for sanction.The com- b. Special masters serve in lieu of a board of mission may, after an investigation of a judicial assessors, and possess the same authority as that complaint, order a hearing to be held before it board, at land cndemnation hearings in the concerning the retirement or removal of a justice Superior Court. or judge. The commission may also request the Supreme Court to appoint a special master to hear [Ga. Code Ann. M6-606a, ]6-611a; Director of . the Administrative Office of the Courts] and take evidence on the matter and report back to the commission. If, after hearing, or after con- 6.1.2 JUVENILE COURT sidering the record and report of the master, the 6.2.2 Referee and traffic referee commission finds good cause, it can recommend to a. A Juvenile Court judge may appoint one or the Supreme Court the removal, other discipline, more persons to serve full-time or part-time as a or retirement of the justice or judge. The Supreme referee in juvenile matters or traffic referee Court can review the record of the proceedings,on in juvenile traffic matters. The referees serve the law and facts, and in its discretion may permit at the pleasure of the judge. A referee must be a the introduction of additional evidence and order member of the state bar or otherwise be qualified removal or retirement, as it finds just and proper. by training and experience for his duties. The Supreme Court can also reject the recommenda- b. The judge may direct, with the consent of tions of the Judicial Qualifications Commission. all parties, that any case involving alleges delln- [Const. 2-4203 (Art. VI, SMII) IIII(b)]

207 Figure 1:Hawaii court system, 1980

SIMI= COURT 5 justices Jurisdiction: - Originsl jurisdiction to issue all necessary writs and other jurisdiction as may be Court of provided by lew. last txclusive jurisdiction over all bar examina- resort tion matters, licensing of attorneys, and questions reserved by federal appellate court. Appellate jurisdiction over all lower courts. /5 v11L, INTIMMIDIATI COURT OF APPEALS 3 Jud Des Intermediate Jurisdiction: - Concurrent jurisdiction with appellate Supreme Court ever all setters court not within the xclusive jurisdiction of the Supreme Court.

1111, CIRCUIT COURT (4) 20 judges and 5 district fasily judses

CIRCUIT COURT FAMILY COURT Jurisdiction: Jurisdiction: - Inclusive jurisdiction in - Domestic relations, adoption matters over $5,000; tion, child custody, concurrent with District appointment of a guardian. Court in civil matters over - Juvenile. $1,000 but less than $5,000. Probate. - Felony, misdemeanor. Jury trials. Courts of general jurisdiction

LAND MORT+ TAX APPEAL COURT+ (1 First Circuit Court judge (I First Circuit Court judge serves) serves) Juriediction: Jurisdiction: - txclusive juriediction in all - Original jurlsdiction in all dis- applications for land title putes between the ssssss or and registration, asassent, or other taxpayer. rights in registered land, and all questions arising under such applications.

DISTRICT COURT (4) 18 judges

DISTRICT COURT SMALL CLAIMS DIVISION Jurisdiction: Juriediction: Court of - Civil jurisdiction - Civil cases under limited under $5,000. (over- $1,000. Landlord jurisdiction laps with Circuit and tenant. Cburt between $1,000 and $5,000.) - Felony prelimineries, misdemeanors, ordinance violation,. No jury trials. MIMI&

Indicates route of appeal.

Indicates assignment of cases. the Laud Court and Tax Appeal Court hoer special cases, but arsconsidered eneral jurisdiction courts for this report became* circuit court Judaea serve.

201P r) 11 A. A,. HAWAII

41W Court of Last Resort 1.4 Justices (5) a. The Hawaii Constitutionprovides for a Chief Justice who is selected in the same anner and for 1.1 SUPREME COURT. The Supreme Court sits in Hono- lulu; however, the Chief Justice may appoint dif- the same term as the other justices. ferent place for the sitting of court, pro tempore. b. Supreme Court justices may not hold other The court sits in continuous session. office under the state or the United States. Jus- [Hawaii Revised Statutes (hereinafter H.R.S.) tices must have been admitted to the practice of Section 602-91 law in the state for at least 10 years. appointed for 10- 1.2 Organisation. The court, which has statewide c. Supreme Court justices are of the jurisdiction, does not sit in panels or divisions. year terms by the Governor with the consent Parties are not entitled to a hearing. Hearings Senate from a list of six nominees submitted to the are held at the discretion of the court. Governor by the Judicial Selection Commission (Ref- Characteristics of judicial nomi- [H.R.S. 1602-10) erence Table 12: If the Senate rejects the Jurisdiction nating commissions). a. The Supreme Court has the power toexercise nominee, the Governor must select another name. original jurisdiction in all questions arising un- Upon the expiration of their first term, justices der writs directed to courts of limitedjurisdic- who seek reappointment are either retained or re- tion and returnable before the Supreme Court; or tired by the Judicial Selection Commission. if the court consents to receive the case, arising [Constitution, Article V, Section 3; Const. under writs of mandamus directed to publicofficers Art. VI, 112, 31 to compel them to fulfill the duties oftheir of- 1.5 Administration a. The Chief Justice is theadministrative head fices. The court has such other jurisdiction as Reference Section 5.1 (General . may be expressly conferred by law. The court may of the courts. issue writs of habeas corpus or orders to show administrative authority). He exercises administration and supervision over the entire cause. In addition, the court may issue any neces- , Director sary writs; make and award judgments,decrees, court system through the Administrative of the Courts, administrative judges, and clerks. orders, and mandates; issue executions and other , processes; and do such other acts and takesuch The Chief Justice may assign an intermediate appellate court judge or a circuit judge or request other steps as necessary. Bar examinations and the granting of licenses to practice law are under the a retired justice as provided by,law to serve jurisdiction of the Supreme Court. temporarily on the Supreme Court. b. The Supreme Court has the following appel- b. Reference Section 5.2.b (state-level admin- late jurisdiction and powers; istrator). (1) To tear and determine all questions of c. Hawaii Revised Statutes1606-1 authorises The clerk is law, or of mixed law and fact, which are properly the position of Supreme Court clerk. brought before it on any appeal allowed by law from appointed by and serves at the pleaskre of the Su- He may issue process, administer any other court or agency. preme Court. (2) To answer, in its discretion, any ques- oaths, take depositions, and perform all other du- tion of law reserved by a Circuit Court, the Land ties pertaining to the office. He attends and reof the court. Court, or the Tax Appeal Court, or any question or cords the proceedings at all sittings proposition of law certified to it by a federal ap- [Const., Art. VI, 12; H.R.S. 11601-1(a), 606-8) pellate court if the Supreme Court so prdvides by 1.6 Rule-making.. Only the Supreme Court has the power to promulgate rules and regulationsrelating rule. in all (3) To entertain, in its discretion, any to process, practice, procedure, and appeals case submitted without suit when there is a ques- .criminal and civ1.1 caes foi all bourts. These tion in difference that might be the subject of a rules and-regulations have the force and effect of civil action or proceeding in the Supreme Court, law. Hawaii gevised Statutes 1601-2(b) authorizes Circuit Court, or Tax Appeal Court, and the parties the SupremM Court to promulgate specific rules of administration to implement the powers there speci- agree upon A case containing the facts uponwhich the controversy depends. fied. I-2(b), c. The Supreme Court has concurrentjurisdic- (Const., Art. VI, 17; HALL 1 tion with the Intermediate Court of Appeals on all 602..11) of the above matters except bar examinations and licensing of attorneys end except question* re- 'Intermediate Appellate Court served by a federal appellate'courto Thole . The Intermed- matters are reserved to the Supreme Court. 2.1 INTERMEDIATE COU1T 'OF APPILALS. [H.R.8. 11602-3(1)-(3), 602-,(4)-(7), 605.1, iate Court of Appeals was created by the legisla- , ture in 1979 by Act III of Hawaii Session Laws. 6601

209 The court sits in Honolulu and is in continuous the appointment fails and the Governor must select session. another name from the list. After their first [Hawaii Session Laws, Act III 1979] term expires, judges are retained or retired by 2.2 Organization. The court has statewide juris- the Judicial Selection Commission. diction and consists of a chief judge and two as- [Const., Art. VI, S3] sociate judges. Parties are entitled to a hearing 2.5 Administration before a panel of not less than three intermediate a. The chief judge supervises the administra- judges (or substitute) judges. It is anticipated tive functions of the Intermediate Court of Ap- that in the future the court will sit in panels, peals. but presently there are only three judges. b. There is no provision for an administrator [H.R.S. SS602-12, 602-16] for the Intermediate Court of Appeals. Reference 2.3 Jurisdiction Section 5.2.b (state-level administrator). The a. The Intermediate Court of Appeals has con- chief judge exercises administration of the court current jurisdiction with the Supreme Court, ex- under the direction of the Chief Justice and the cepting bar examinations, subject% to assignment of Administrative Director of the Courts, who assists cases by the Chief Justice or his designee. Refer- the Chief Justice with administration. ence Section 1.3 (Jurisdiction). c. The clerk of the Intermediate Court of Ap- Assignment of cases to the Intermediate peals and deputies and assistants (not yet appoint- Court of Appeals and to the Supreme Court is made ed) serve at the pleasure of the judges of the 4 the Chief Justice or his designee using the court. following criteria or other relevant factors: [Administrative Director of the Courts; (1) Whether the case involves a question of Const., Art. VI, S6; H.R.S. SS601-2, 601-3; first impression or presents a novel legal ques- H.R.S. S602-121 tion; or 2.6 Rule-making. The Supreme Court promulgates (2) Whether the case involves a question of rules for the Intermediate Court of Appeals. Ref- state or federal constitutional interpretation; or erence Section 1.6 (Rule-making). (3) Whether the case raises a question of --tkaw regarding the validity of a state statute, Court of General Jurisdiction county ordinance, or agency regulation; or (4) Whether the case involves issues upon 3.1.1 CIRCUIT COURT. The Circuit Court sits in which there is an inconsistency in the decisions continuous session and is always open for the pur- of the Intermediate Court of Appeals or of the pose of filing or serving of process. Supreme Court; or [Hawaii Rules of Civil Procedure Rule 77(a)] (5) Whether the sentence in the case is life 3.2.1 Organization. The state is divided into foUr imprisonment without possibility of parole. judicial circuits, corresponding to the geographic Cases involving the above questions may be boundaries of the four counties: the First, Sec- retained in the Supreme Court. All other matters ond, Third, and Fifth, which counties are, respec- may be assigned to the Intermediate Court of tively, Honolulu, Maui, Hawaii, and Kauai. There Appeals, taking into consideration the workloads has been no Fourth Circuit since it was incorporat- of both courts. ed into the Third in 1943. The Family Court is a b. At the discretion of the Supreme Court, re- division within the Circuit Court designed to deal assignment of a case to the Supreme Court may be expressly with juvenile offenders and domestic made by certification on the granting of a motion relations matters. Within each Family Court in made in the Intermediate Court of Appeals, or by a each judicial circuit, there are also District Fam- petition directly to the Supreme Court in cases of ily Courts which decide those cases assigned by the imperative or fundamental public importance. The Circuit Family Court judge, or by the senior judge Chief Justice may transfer cases to and from in the case where there is pore than one circuit either appellate court. judge authorized to exercise Family Court jdtisdic- Appeals from Intermediate Court of Appeals tion. decisions are made by application to the Supreme [H.R.S. SS571-11, 571-14 and H.R.S. Chapters Court for 'a writ of certiorari, the granting of ,572-577A, 578-584] which is discretionary with the Supreme Court. 3.3.1 Jurisdiction [H.R.S. SS601-2(a), 602-5(9), 602-6, 602-19, a. The Circuit Court is the trial court of gen- 602-20; Supreme Court Rules 27, 30; Inter- eral jurisdiction. It has exclusive jurisdiction mediate Court of Appeals Rule 16] in criminal felony cases. It also has exclusive 2.4 Judges (3t jurisdiction in civil suits involving more than a. The chief judge is selected using a merit $5,000. In,addition, it has concurrent jurisdic- selection plan and serves for a term of 10 years. tion with the District Court in civil matters in- b. The qualifications for the chief judge and volving less than $5,000 but more than $500. for associate judges arp the same. They must be ' Probate proceedings and determination of residents and ci4zens of Hawaii and of the United heirs, cases involving marital actions, juveniles, States and must have been licensed to practice law and other domestic matters are heard within the in Hawaii for 10 years prior to their being nomi- Family Court Division. nated for their posts. b. The Circuit Court has jurisdiction over all' c. Judges of the Intermediate Court of Appeals causes that may properly come before the court on are selected to serve 10-year terms by appointment any appeal allowed by law from any other court or by the Governor from individual lists prepared by agency. the Judicial Selection Commission (Reference Table [H.R.S. SS603-21.5, 603-21.8] 12: Characteristics of judicial nominating commis- 3.4.1 Judges (20 and 5 district family judges sions), each of which must contain at least six non- assigned to Family Court). The Hawaii Revised inees. The Governor's appointment must be approved Statutes provide for the number of circuit judges by the Senate and if the Senate does not approve, based on population.

210 j a. There is,no provisign for a chief judge over Judicial Selection Commission (Reference Table 12: all the circuits of the Circuit Court. The Chief Characteristics of judicial nominating commissions). Justice of the Supreme Court may appoint adminis- The Senate must approve the appointment. If the trative judges for the individual circuits that Senate disapproves, the appointment fails and the have more than one judge for such a period as the Governor must select another nominee from the list. Chief Justice may determine. Retention is in the same manner as for all judges. b. Circuit Court judges must meet the same - [Const., Art. VI, 13; H.R.S. 1501-21 qualifications as Supreme Court justices. Refer- 3.5.2 Administration* ence Section 1.4.b (Judges). a. There is-no provision for a chief judge for c. Circuit Court judges are selected in the the Land Court. I same manner and for the same term as Supreme Court b. There is no provision for an administrator justices. Reference Section 1.4.c (Judges). for the Land Court. Reference Section 3.5.2.c be- [H.R.S. 11601-2, 606-3, 606-41 low. 3.5.1 Administration, c. The clerk, or registrar, is authorized by a. Whereas there is no chief judge over all the statute and serves as cierk of both the Land Court circuits of the Circuit Court, the administrative and the Tax Appeal Court. The clerk is charged judges for the Individual circuits manage the busi- with the responsibility for court administration. ness of the courts, subject to the rules bf the He has custody and control of all papers and docu- Supreme Court and the direction of the Chief Jus- ments filed with him. The registrar may, with the tice. sanction of the court, employ such clerks and mes- b. There are no provisions for an administrator sengers as are necessary. over all the circuits of the Circuit Court or for [H.R.S. 51232-9, 501-6, 501-7; Administrative administrators for the individual circuits. Refer- Director of the Courts1 ence Section 5.2.b (state-level administrator). 3.6.2 Rule-makinii. The Supreme Court may promul- c. The chief clerks for the individual circuits gate rules and regulations.for theLand Court. are charged with the responsibility for courtad- Reference Section 1.6 (Rule-making). ministration. They perform the same duties as the [Const., Art. VI, 171 Supreme Court clerk. Reference Section 1.5.c. [H.R.S. 1601-21 3.1.3 TAX APPEAL COURT. The Tax Appeal Court com- 3.6.1 Rule-makint. The Supreme Court may promul- mences sessions not later than July 1st of each gate rules and regulations for the Circuit Court. year. The court may adjourn from time to time and Reference Section 1.6 (Rule-msking). may hold special sessions. Sessions of the Tax Ap- [Const., Art. V, 161 peal Court, statewide court of record, are held "at such places as determined" by the court, which NOTE: For purposes of this report, the Land Court sits in Honolulu, the First Judicial Circuit. and Tax Appeal Court are categorized as Gen- [H.R.S. 11232-8, 232-101 eral Jurisdiction Courts since circuit 3.2.3 Organization. There are no specialized divi- judges serve. sions of the court. [4R.S. 1232-81 3.1.2 LAND COURT. The Land Court sits in Honolulu, 3.3.3 Jurisdiction the First Judicial Circuit, but may adjourn to a. The Tax Appeal Court has original jurisdic- other places as public'conveniences requisle. The tion in all disputes between the assessor and tax- Land Court judge so arranges the sessions as to en- payer. The Tax Appeal Court's jurisdiction is lim- sure a prompt discharge of the business of the ited to the amount of the taxes or valuation in court. dispute. [H.R.S. 11501-1, 501-31 b. The Tax Appeal Court has no appellate juris- 3.2.2 Organization. There are no pecialized divi- diction. sions of the court. [H.R.S. 1232-131 [H.R.S. 1501-11 3.4.3 Judges (1 First Circuit judge serves) 3.3.2 Jurisdiction a. There is no provision for a chief judge for a. The Land Court, a statewide court of record, the Tax Appeal Court. has exclusive jurisdiction in all applications for b. The Tax Appeal Court judge must meet the land title registrations, easements, or other same qualifications as the judge of the Land Court. rights in registered land within the state, and in Reference Section 3.4.2 (Judges). all questions arising under such applications. c. The Tax Appeal Court judge is selected in b. The Land Court has no appellate jurisdic- the same manner and for the same term as the judge tion. of the Land Court. Retention is in the same man- [H.R.S. 1501-11 ner. Reference Section 3.4.2 (Judges). 3.4.2 Judges (1 First Circuit judge serves) [H.R.S. 1232-81 a. There is no provison foe. a chief judge for 3.5.3 Administration a. There it no provision for a chief judge for the Land Court. , b. The Land Court judge must be a judge of the the Tax Appeal Court. First Circuit, and therefore must have been a mem- b. There is no provision for an administrator ber of the state bar licensed by the Supreme Court for the Tax Appeal Court. Reference Section for at least 10 years. 3.5.3.c below, c. The Land Cqurt judge is a Circuit Court c. The clerk, or registrar, is authorized by judge designated by the Chief Justice to serve as statute end serves as clerk for both the Tax Appeal judge of the Land Court. He serves until appoint- Court and the Land Court. The clerk is charged ment of a successor (I0-year epdimum unless reap- with the responsibility for court administration. pointed to the Circuit Court). All Circuit Court Reference Section 3.5.2.c. judges are appointed by the Governor from individ- [H.R.S. 11501-6, 232-9; Administrative Director ual lists of at least six nominees submitted by the of the Courts]

211

4- ,..., 7 ,r 3.6.3 Rule-making. Only the Supreme Court may c. The District Court clerks may issue process, promulgate rules and regulations for the Tax Appeal administer oaths, take depositione, and perform all Court. Reference Section 1.6 (Rule-making). other duties pertaining to their offices. They [Const., Art. VI, S71 also attend and record the proceedings at all sittings of courts of record. Court of Limited or Special Jurisdiction [Administrative Director of the Courts] 4.6 Rule-making. The Supreme Court may promulgate 4.1 DISTRICT COURT. The District Court.holds ses- rules and regulations for the District Court; how- sions as often as the District Court judges deem ever, judges of the District Court may amend rules essential. of practice with approval of the Supreme Court. [H.R.S. S604-11 Reference Section 1.6 (Rule-making). 4.2 Organization. A District Court is established [Const., Art. V, S6; District Court Rules of in each of the four judicial circuits in Hawaii. Civil Procedure, Rule 83] There is a Small Claims Division of the District Court. State-Level Administration [H.R.S. SS604-1, 633-271 4.3 Jurisdiction 5.1 General administrative authority. The Hawaii a. The District Court conducts preliminary Constitution aames the Chief Justice of the Supreme hearings in felony cases originating in the cir- Court as the administrative head of the courts. cuits. The court has jurisdiction over all crimi- Reference Section I.5.a (Administration). Among nal offenses punishable by a fine or imprisonment his responsibilities are the following: of less than 1 year, except over offenses that re- a. He may assign judges from one circuit to quire indictment by a grand jury. The court also another for temporary service. has jurisdiction in all ordinance violations. b. With the approval of the Supreme Court, he The court has exclusive original jurisdic- appoints an Administrative Director to serve at his tion in civil matters where the amount in contro- pleasure. versy does not exceed $1,000, concurrent jurisdic- c. When necessary he may assign a circuit judge tion with the Circuit Court where the amount is or Intermediate Court of Appeals judge to serve between $1,000 and $5,000, and jurisdiction in temporarily on the Supreme Court. ejectment suits regardless of the counterclaim. d. As prescribed by law, he may request re- The court has no jurisdiction over actions ques- tired justices to serve temporarily on the Supreme tioning title to land, most intentional torts, nor Court. over civil jury trials. e. He reports to the legislature at each regu- The Small Claims Division has jurisdiction lar session on the business of the judiciary and over cases for the recovery of money where the on the administration of justice in the state. amount claimed does not exceed $1,000 and where f. He presents to the legislature a unified the parties elect the procedure of the Small Claims budget, a 6-year program and financial plan, and a Division. This division has exclusive jurisdiction variance report for all programs of the judiciary. over security deposit pliputes between landlords g. He directs the administration of the judi- and tenants. ciary, with responsibility for the efficient opera- b. The Diifrict Court has no appellate juris- tion of the courts and the expeditious dispatch of diction. all judicial business. [H.R.S. SS604-5, 604-8, 604-11, 633-27; Act h. In Circuit Courts with more than one judge, 169, Hawaii Sessions Laws 19801 he may assign calendars among judges and appoint 4.4 Judges (18) an administrative judge to manage the business of a. The Chief Justice may appoint an administra- the court. tive judge in any multi-judge district court juris- i. He may prescribe for all courts a uniform diction, who serves in this role for such periods system of keeping and periodically reporting sta as the Chief Justice may determine. tistics of their business. b. District Court judges must reside in the j. He may procure for all courts estimates of judicial circuit to which they are appointed, and their appropriations, and review and revise them must be members of the state her with at least 5 into a unified budget to be presented to the legis- years of practice in Hawaii. lature. c. District Court judges are appointed by the k. He has the power to exercise exclusive au- Chief Justice of the Supreme Court for 6-year terms thority over the preparation, explanation, and from a list of six nominees presented to the Chief administration of the judiciary budget, programs, Justice by the Judicial Selection Commission (Ref- plans, and expenditures. erence Table 12: Characteristics of judicial nomi- 1. He has all powers of administration over nating commissions). They need not be approved by judiciary personnel. the state Senate. District judges are retained in [Conet., Art. V, S5; Const., Art. VI, SS2, 6; the same manner asall other judges. H.R.S. SS601-2(a), 601-2(b)(2), (3), (4), (5); [Const., Art. VI, S3; H.R.S. iS604-1, 604-2; Administrative Director of the Courts] Administrative Director of the Courts] 5.2 Office of the State Court Administrator 4.5 Administration a. The Office of the State Court Administrator a. Duties of the administrative judges for the is authorized by Hawaii State Constitution, Article- districts are not specifically articulated. They VI, S6. are expected to carry out the policies and rules b. Administrative Director of the Courts of the Chief Justice and the Supreme Court in the (1) The Hawaii Constitution authorizes the efficient daily operation of the District Courts. appointment of an Administrative Director. b. There are no provisions for administretors (2) The Administrative Director must have for the District Court. Reference Section 5.2.b been a resident of Hawaii for at least 3 years (state-level administrator). prior to his appointment. He is appointed by the Figure 2: Hawaiistate:level administrative office of the courts, 1980 Am, c

Circuit Courts

District Deputy Courts Administrative Director of ,the Courte I ..)

I w r I, L H ,.immimm . . . .I . I ir 1 1 LL =i Planning Budget Personnel Coaputr Voluntry Staff Lea Public i end nd Management Systeme Attorney Li bra ry Information Services Statistics Fiscal

leb Statistical coer - Payroll - Administrative - *jetsam ipalyais - Advisor to Chief - Statewide li- - Public end media - Statewide volun- pilation - Accounting services -Pro$rng Justice and brary eytem information try programs - Planning - Auditing - Zeployess. safe- - Computopera- Adminitrat imp - Budgeting ty sad health/ none Director of the - Research and evalustion - Purchasing swords Court. e - Recruitment sod eitesdeation` Classificatioe and pay - Employees' trals- ins - Leber relines"

waver

4/e 231 R ; Chief-Justice with the approval of the Supreme "Judicial Discipline," which establishes the 7- Court. member Commission on Judicial Discipline and pre- (3) Subject to the dir he Chief scribes its procedures. Justice, the Administrative Di rims The commission has exclusive jurisdiction as number of functions including repti the to,the conduct and competence of all sitting judges Chief Justice statistical and other a concerning whether they serve full-time or part-time. the business of the courts, making recoendations The commission has the power to: to tho Chief Justice regarding estimot for appro- "(1) Receive information, allegations, and priations, assisting the Chief Justicin the prep- complaints; aration of the budget and other repor s requested (2) Make preliminary evaluations; by the legislature g rec ndations to (3) Screen complaints; the Chief Juitic or imp ement in the adminis- (4) Conduct investigations; trative aethods of the courts, carrying out all (5 ) Conduct hearings; and duties and responsibilities concerning judiciary Recommend dispositions to the Supreme Court concerning allegations of judicial mis- .,, personnel and such other matters as may be assigned \by the Chief Justice. conduct or physical or mental disability of c. Office organization. The Office of the judges." \\ate Court Administrator consists of 50 people; Grounds for discipline include: (1) Conviction of a felony; 12 professionals and 22 clerical personnel. The pro essional staff provides support services in the (2) Willful misconduct in office; fol wing areas: systems analysis, programming, (3) Willful misconduct which, although not comp ter operations, records management, formsde- related to judicia1 duties, brings the judicial v.1opi.nt, and field representation; payroll, ac- office into disrepute; countIqj, auditing, budgeting and purchasing; per- (4) Conduct prejudicial to the administra- sonnel ystems, office management, ciassification tion of justice or conduct that brings the judicial and paytraining and labor relations, and recruit- office into disrepute; ment .n4 examinations; legislative, executive, pub- (5) Any conduct that constitutes a violation lic, a media information, legislative liaison and of the Code of Judicial Conduct." execut ve liaison; and planning and research activ- Commission procedures may be initiated "uponi itiesncluding statistical compilation, judicial any reasonable basis" including written complainfts from the public, or other judges, or the Chief Jus- planni , r.searcttNevaluation, and statistical analysiO. tice; also the commission may proceed upon its own motion. The chronology of procedures is, in gener- [ st., Art. W, $5; Coast., Art. VI, $6; H. .S. S601-3J State Court Administrators, p. al, as follows: After receipt, a complaint is pre- liminarily screened. If further investigation is deemed warranted, an investigation is made followed Quasi-Judicial Officers by an evaluation. Thereupon the commission may de e that the complaint merits no action, may 6.1.1 DISTRICT COURT commendation for action to the Supreme 6.2.1 Per diem judge urt omay determine that further proceedings a. The Chief Justice may appoint per diem sh I be had. If the commission decides the lat- judges as may be necessary. Qualifications to ter, special counsel is appointed to investigate serve as per diem judges are the same as for a and determine whether a formal hearing is neces- regular full-time appointment. sary. If counsel determines such a hearing is b. A per diem judge provides auxillary judicial neceesary, formal disciplinary proceedings similar functions.. to trial proceedings are commenced pursuant to Su- (H.R.S. 5604-21 preme Court Rule 26.9. These proceedings culminate in findings age recommendations to the Supreme Judicial Discipline Court which,die reviewed by the Supreme Court. Formal proi-eedings then are had before the Supreme 7.1.1 Commission on Judicial Discipline. The com- Court pursuant to Supreme Court Rule 26.10 and upon mission consists of seven members, appointed by the conclusion of these proceedings, the Supreme Court Supreme Court. is required to enter an appropriate order. [Administrative Director of the Courts] There are different special provisions for 7.2.1 Authority and procedure for sanction. Pur- cases involving physical or mental disability. suant to Hawail Constitution, Article VI,55, the These are found in Supreme Court Rule 26.13. Supreme Court promulgated Supreme Court Rule 26,

214 IDAHO

Court of Last Resort .\. Reference Section 5.2.b (state-level administrator). 1.1 SUPREME COURT. The court is required to hold c. The clerk of the Sltpreme Court is appointed at least six terms annually, at various locations by and serves at the pleasure of the Supreme Court. throughout the state. The Supreme Court or any He has supervisory power over three secretaries three justices fix the times for holding these (assistant clerks). There are no formal provisions terms. for assigning administrative duties to the clerk. [Constitution, Article V, Section 8; Idaho Code [Const., Art. V, S15; I.C. §1-401 to §1-410; (hereinafter I.C.) Section 1-208] Administrative Director of the Courts] 1.2 Organization. As a general rule, the Supreme 1.6 Rule-making. The legislature is constitution- court sits en banc. A majority of the five ally prohibited from depriving the judiciary of any justices must be present to make a quorum or to power or jurisdiction that rightly pertains to it pronounce a decision. There Are no special provi- as a coordinate department of government. The sions instructing the court to sit in panelr. power of the Supreme Colirt to make rules governing [Const., Art. V, §6; I.C. §§1-206, 1-207] the procedure of all courts in Idaho is recognized 1.3 Jurisdiction by statute. The Supreme Court establishes the a. The Supreme Court has original jurisdiction forms of process, and practice and procedure for to hear claims against the state and to issue all courts in the state. These rules must be promul- writs necessary to complete the exercise of its gated in such a way as to have no effect on the appellate jurisdiction. substantive rights 'of any litigant. The Supreme b. The Supreme Court hears appeals from the Court is authorized to appoint members of the Idaho

District Court and will hear appeals from the Court Bar or judges from the District Court or Court of i of Appeals after its implementation (anticipated Appeals to assist in the formulation of such for July 1, 1981), as well as from ordrs of the rules. The Supreme Court is responsible for the Public Utilities Commission and the Industrial administration of the courts. Accident Commission. [Const., Art. V, §§2, 13; I.C. §§1-212, 1-213, [Const., Art. V, S9; I.C. §§1-203, 1-204] 1-214] 1.4'Justices (5) a. The elected justice with the shortest time Intermediate Appellate Court remaining in office serves as Chief Justice. b. Supreme Court justices must be qualified (Court of Appeals is to be implemented July 1, voters of the state of Idaho, must be licensed 1981. Legislation to be introduced January 1981 attorneys, must be at least 30 years old but not may alter the court structure presented in this oldet thin 70 it tbe time of election, and suit section.) have been residents of Idaho for 2 years. c. Supreme Court justices are elected to 6-year 2.1 COURT OF APPEALS. The Court of Appeals will terms on a nonpartisan ballot by voters of the sit in Boise, but may also sit in such other places state at large. A nominating election is held as it considers convenient for the conduct of its prior to the judicial elction. The Governor fills business. vacancies from a list of two to four qualified [I.C., Title I, Chapter 24, §1-24071 persons nominated by the Judicial Council (refer- 2.2 Organization. The Court of Appeals will sit ence Table 12: Characteristics of judicial nomina- in panels of not lers than three judges. Active ting commissions). The appointee holds office until or retired district judges, retired justices of the his successor is elected and qualified in such man- Supreme Court, and retired justices of the tourt ner as may be provided by law. of Appeals may be assigned to serve on a panel of [Const., Art. IV, S6, Art. V, §6, Art. XI, S7; the Court of Appeals. I.C. 551-201, 1-2102, 34-701, 34-702, 34-703; [I.C., Title I, Chapter 24, §§1-2404, 24051] State Court Systems, p. 6] 2.3 Jurisdiction 1.5 Administration a. The Court of Appeals has been given juris- a. The Supreme Court has responsibility for the diction to hear and to decide all cases assigned general administration of the courts. Appointive to it by the Idaho Supreme Court, providing that power, as well as other administrative responsi- the Supreme Court does not assign cases invoking bilities, rests with the court as a whole. The its original jurisdiction or appeals from imposi- Supreme Court exercises administration and supervi- tion of sentences of capital punishment in criminal sion of the entire court system through the Chief' cases. Justice, the Administrative Director of the Courts, b. The Supreme Court may traniler nonargued administrative judges, and trial court administra- appeals pending before it to the Court of Appeals tors. The Chief Justice schedules meetings, runs for hearing and decision. The Court of Appeals may case conferences, and presides at court meetings transfer a nonargued case back to the Supreme and hearings. Court. The right of appeal is not created where

215 233 Figure 1:Idaho court system, 1980

SUPREMI COURT 5 justices Jurisdiction: - Original jurisdiction in claims against tha state and fll writs necessary Court of to its appal sdiction. last orders and final resort a Appeals from judgments of urt of Appeals end Distrct Courts. - Appeals from administrative agencies. I a

I 4 COURT OF APPEALS 3 judges Jurisdiction: - Cases as assigned by the Suprema Court. Intermediate (SuprespCourt cannot assign cases within appellate its original jurisdiction or - court nal case when capital punishmen s been imposed.) (effectivo 7/1/110

11, DISTRIAWOIT (7)

DISTRICT COURT (7) NAGISTRATI DIVISION (7) 29 judges 70 judges Jurisdiction: - Original jurisdiction in Civil, MAGISTRATE DIVISION SMALL CLAIMS DEPARTMENT personal injury, torts, contracts, Jurisdiction: ' Jurisdiction: doesstic relations,,and habeas - Cl.iil actions undor $$,000; - Small claims under Courts of corpus matiors. forcible entry and detain- $1,000. general - Original jurisdiction in felony, er; lions under $1,000 on Nojury trials. jurisdiction other criminal, and post-conviction, real and pirsonal property; review matters. .probate and administration Appoals from Magistrates Division of decedent estates; dom. - and other state agoncies and boards, tic relations, divorce, and Apptalsdo novo from Magistrate child custody and support. Division. - Preliminary hearings; sin - t ' Jury trials. demeanors; warrants, search and soisurs. Jury trials, tclipt in small . claims.

-.._ MMIll

\ it Indicates routs ofiappeal.

ItIndicatos assignment of cases.

() r) 4, 4 (... At

216 such right is not otherwise provided or created b may be assigned internal administrative functions law. of the court. (I.C., Title I, Chapter 24, S1-24061 In every Magistrate Division of the District 2.4 Judges (3) Court, the court may organize and create a Small a. The chief judge will be appointed by the Claims Department. The department has jurisdiction - Chief Justice of the Supreme Court. The term for only in cases for the recovery of money where the the chief judge has not.been set. amount in question does not exceed $1,000 and where b. Judges of the Court of Appeals must be 30 the defendant resides inithe county of the Magis- years of age, ust be citizens of the United trate Division. States, must be admitted to the practice of law in b. The District Court has appellate jurisdic- Idaho, and ist have been residents of Idaho for 2 tion over all cases assigned to the Magistrate years. Division of the District Court, and in other types c. Initially, jgdges of the Court of Appeals of cases where appeal is allowed by law, such as will be appointed by the Governor. One judge from the decisions of certain state administrative shall be appointed for a term of 2 years, one agencies. judge shall be appointed for a term expiring 2 (Const., Art. V, S20; I.C. SS1-705, 1-2201, years later, and one judge shall be appoinOed for 1-2208, 1-2209, 1-2210, 1-2213, 1-2301; Admin- a term expiring 2 further years later. There- istrative Director of the Courts] after, the term of office of a judge of the Court 3.4 Judges (29) and Magistrates (70). The Idaho of Appeals shall be 6 years. Vacancies will be Code states that each judicial district must have filled in the same manner as for Supreue Court between three and five DistriCt Court judges. justices or district judges. Reference Section a. There is no provision for a chief judge over 1.4. all the District Courts. The code authorizes an II.C., Title I, Chapter 24, S1-2404, 24081 administrative judge for each judicial district, 2.5 Administration who is elected by the district judges in his dis- a. The chief judge will exercise administrative trict. If the majority cannot agree, a majority powers as may bit delegated by the full membership of the Supreme Court justices make the appointment. of the Court of Appeals, not in conflict with Su- The administrative judge serves at the pleasure of preme Court rules. the other district judges in that judicial dis- b. There are no provisions for an administrator trict. If he was appointed by the Supreme Court, over the Court of Appeals. Reference Section however, he serves a term .of no more than 2 years. 5.2.b. b. District Court judges must be qualified c. The clerk of the Supreme Court will serve voters of the state, licensed attorneys, must be as the clerk of the Court of Appeals. between 30 and 70 years of age at the time of elec- (I.C., Title I, Chapter 24 SS1-2407, 24081 tion, and must have 5 years legal experience.

2.6 Rule-makin . The Court of Appeals will be sub- Magistrates must be qualified voters of the ject to administration and supervision by the Su- counties for which they are appointed, except that preme Court. qualified nonresidents may be appointed when no (I.C., Title I, Chapter 24, 11-2403) qualified resident'voter is available. A magistrate must have successfully completed high school Court of General Jurisdiction Or earned an equivalency degree. In addition, magistrates are required to attend an institute on 3.1 DISTRICT COURT. All courts operate in continu- the duties and functions of the magistrate's ous session. office. [Rules of Civil Procedure, Rule 77a1 c. District Court judges are elected on a non- 3.2 Organization. Idaho is divided into seven partisan ballot by the voters of their respective multi-county distrixts. The District Court has two districts. They are elected to 4-year terms. specialized divisions: the Magistrate Division and Vacancies are filled in the same manner as Supreme the Small Claims Department of the Magistrate Divi- Court vacancies. Reference Section 14. sion. Magistrates are appointed to 2-year terse on a [LC. S1-8011 nonpartisan, merit basis by the District Magis- 3.3 Jurisdiction trates Commission. They must then run for 4-year a. The District Court has original jurisdiction elective retention-type terms. in all cases and proceedings. It has power to is- [Const., Art. X, S23; I.C. SS1-702, 1-703, sue all writs necessary for the exercise of its 1-801 to 1-808, 1-2205, 1-2206, 1-2207, 1-2220, powers. 34-701; State Court Systems, p. 6; Administra- The Magistrate Division of the District Court tive Director of the Courts] hears certain liuited categories of cases that are 3.5 Administration filed in the District Court. Subject to rules a. Whereas there is no chief judge over all the promulgated by the Supreme Court, the administra- districts of the District Court, the administrative tive judge in each judicial district determines judge in each judicial district, subject to Supreme which cases are to be assigned to the magistrates, Court rules, has administrative supervision and as provided by law. The Magistrate Division may authority over the operations of thcDistrict Court hear eisdemeanor and quasi-criminal proceedings, and magistrates in the district. proceedings to prevent the commission of crimes, b. There is no provision for an adeinistrator proceedings for arrest warrants or for searches and over all the districts of the District Court.A seizures; and juvenile proceedings as established trial court administrator for each of the 7 judi- "ly 'statutes' In,addition, the Magistrate Division cial districts may be selected. Desirable educa- may hear civil casel when the value of the damages tion and etperience include a college degree with requested does not exceed $5,000; proceedings of an administration major and either experience in forcible entry and detainer, unlawful detainer, and an administrative capacity or a law degree.Trial statutory liens of les than $5,000; and domestic court adeinistratus are selected by the adminis- relations case. The Supreme Court may by rule trative judges, with approval of the Adeinistrative pecify additional categories of matters assignable Director of the Courts. Six of the trial 'court to magistrates who ars attorneys. Any magistrate adeinistrators are appointed as judges of the 217 f) Magistrate Divieion and perform judicial duties in (c) Supervises administrative staff; addition to their administrative function.Under establishes personnel standards for court employ- the supervision of the administrative judges, the ees; develops personnel handbook for judiciary; trial court administrators assist in the overall approves personnel requests; and hail authority for management of court operations within their dis- selection and dismissal of administrative person- tricts, with particular emphasis on the Magistrate nel. Division. They assist in preparing budgets for (d) Prepares long-range plans for the court facilities and county-funded support staff, Supreme Court and recommends programs for improve- work with jury commissioners, supervise court ment of the judicial system. information reports and analyze statistical (e) Develops comprehensive judicial reports, perform nonjudicial public information education programs; seeks federal funding for duties, serve as liaison with law enforcement and educational activities; conducts judicial training other public officials, maintain personnel records seminars; and approves out-of-state seminar attend- for state judicial employees in the district, and ance. assign cases and perform calendaring functions (f) Resolves technical administrative under the direction of the administrative judges. problems by interpreting the court rules, policies, c. Clerks of the District Court are elected to orders, directives, and procedures, including 4-year terms by the voters of their districts. proper application to specific cases; drafts rules They have responsibilities as determined by the revisions, court orders, or legal memoranda, when court. directed by the court. [Const., Art. V, S16; I.C. S1-907; 1976 Annual (g) Prepares and distributes a report Report, p. 8; Idaho Judicial Personnel Poli- to the Supreme Court and Governor concerning judi- cies, pp. 63, 64] cial operations during the calendar year. 3.6 Rule-making. The Supreme Court is empowered (h) Manages the statewide court system. to make all rules concerning procedure in the Dis- c. Office organization. The Office of the trict Courts. In all cases where no existing rule Administrative Director of the Courts consists of applies, the District Court has the power to make 9 people: 4 professionals (including the Adminis- rules so long as they are not inconsistent with trative Director of the Courts) and 5 clerical statute or with the rules made by the Supreme personnel. The professional staff provides support programming; pay- Court. services.in the following areas: [I.C. SS1-105, 1-212; Idaho Rules of Civil Pro- roll, accounting, auditing, budgeting, and purchas- cedure, Rule 83] ing; and education, training, and publications. [I.C. SS1-611, 1-612; Idaho Judicial Personnel Court of Limited or Special Jurisdiction Policies, pp. 18, 19; Administrative Office of the Courts] 4.0 There are no courts of limited or special jurisdiction in Idaho. Quasi-Judicial Officers

State-Level Administration 6.0 There are no quasi-judicial officers in Idaho.

5.1 General administrative authority. The respon- Judicial Disci line sibility for the general administration of the courts in Idaho rests with the Supreme Court. 7.1 Judicial Council. The Judicial Council con- three attor- Reference Section 1.5.a. sists of seven members as follows: [Const., Art. V, S2] neys, one of whom must be a districtjudge, ap- 5.2 Office of the Administrative Director of the pointed by the Board of CommisSioners of the Idaho Courts State Bar with the consent of the Senate; three a. The office of the Administrative Director non-attorneys appointed by the Governor with the of the Courts is established by Idaho Code S1-611. consent of the Senate; and the Chief Justice of b. Administrative Director of the Courts the Supreme Court, who serves as chairman. (1) The position of Administrative Director [I.C. S1-2101] of the Courts is authorized by Idaho Code S1-611. 7.2 Authority and procedure for sanction. The (2) In order to meet the qualifications for Judicial Council may, after such investigation as this position, an applicant must be admitted to the it deems necessary, order a hearing to be held practice of law in Idaho and must be licensed by before it concerning the removal, discipline, or the Idaho State Ear Commission. These requirements retirement of a justice or judge; or the counCil may be waived for a qualified applicant who is May request the Supreme Court to appoint three licensed to practice in the highest court of special masters (justices or judges) to hear and another state and who agrees to become licensed to take evidence in such matters and report their practice in Idaho within a time period specified findings to the council. After hearing the report by the Idaho Supreme Court. The Administrative of the special masters, if the council finds good Director of the Courts is appointed by the Supreme cause, it may then recommend the removal, disci- The Court. pline, or retirement of the justice or judge. (3) The following are examples of work per- Supreme Court will review the record and may permit The court formed by the Administrative Director: the introduction of additional evidence. (a) Supervises development and implemen- can then order removal, discipline, or retirement, tation of a judicial management information system. or may reject the recommendation. If retired,, the (b) Organizes fiscal operations for the judge may receive retirement benefits; if removed, judicial system; eupervises preparation of appro- his salary ceases from the date of the order. All priations requests; monitors judicial expenditures; papers filed with and the proceedings before the reviews and approves operational expenses, travel Judicial Council or special masters are confi- expenses, and capital expenditures; and recommends dential. personnel salaries to the Supreme Court. [I.C. S1-2103]

218 - (-6 Figure 2:Idaho state-leve1 administrative office of the courts, 1980

Administrative , Director )

Assiatant Assistant hdicial Director Director Education Information MsnagemenA Officer Systems Services

Analyat/ Programmer

Computer Operator

219 Figure 1:Illinois court system, 1980

MIMMIP SUFISM' COURT 7 Judi/v, Jurisdiction: - Discretionary original jurisdiction in revenue, mandamus, prohibition, and habeas corpus. - Appeals as a matter of right from Circuit Court when death sentence imposed and Court of from Appellate Court when federal orstatle leet nimmenam0 constitutional question arises for the resort first time or on certificate by the Appellate Court. - Other appeals from Circuit and Appellate Court as provided by Supresm Court rule. - Redistricting of General Assembly. Ability of Governor to rve or resume office. Admission and discipline of attorneys. .1101.

APPELLATI COURT (? DISTRICTS; 9 DIVISIONS) 34 judges Death sentence. Jurisdiction: Intermediate Other appeals as - Appeals as a smtter of right except in appellate provided by rule. cases appealable directly to the Supreme Court or from judgments of acquittal in court criminal cases. - Direct review of administrative actions as provided by law.

ii CIRCUIT COURT (21) 477 circuit and associate judges Jurisdiction: - All justiciable matters except where th Supreme Court has original and xclusive Court of jurisdiction or where the Supreme Court general amortises discretionary original jurisdiction jurisdiction. - Review of administrative action ss provid ed by law.

111' Indicates route of appeal.

220 ILLINOIS

Court of Last Resort prone Court judges serve 10-year terms. Vacancies may be filled by Supreme Court appointment, or as 1.1 SUPREME COURT. The Supreme Court sits in provided by law. Springfield, the state capital, and periodically (Const., Art. VI, 553, 10, 11, 12; Ill. Rev. in Chicago, and meets for terms beginning on the Stat., Ch. 46, 57A-1; Director of the Adminis- second Monday in September, November, January, trative Office of the Illinois Courts] March, and May of each year. 1.5 Administration [Constitution, Article VI, Section 1; Illinois a. General administrative and supervisory Revised Statutes (hereinafter Ill. Rev. Stat.), authority over the entire court system is vested Chapter 37, 561 in the Supreme Court. The Chief Justice exercises 1.2 Organization. The court does not sit in panels this power partially through the Adminstrative or divisions. Four judges constitute a quorum and Director. Administrative authority is also the concurrence of four judges is necessary for a exercised through the Executive Committee of the decision. First Appellate District and through Circuit Court (Const*, Art. VI, 531 chief judges by means of trial court administrators 1.3 Jurisdiction or administrative secretaries, subject to the au-"--N a. The Supreme Court has discretionary original thority of the Supreme Court. Reference Sections jurisdiction over cases relating to revenue, minds- 3.5 and 5.1. The Chief Justice has no specifically sus, prohibition, or habeas corpus, and jurisdic- defined duties, however, in regard to the adminis- tion as may be necessary to complete determination tration of the Supreme Court. of cases on review. The court has original and ex- b. The Supreme Court employs an assistant who clusive jurisdiction in cases relating to redis- serves as director of the researclAdepartment. tricting the General Assemblvand the ability of Reference Section 5.2.6 (state-level administra- the Governor tb serve or resume office.The court tor). also has jurisdiction ovar the admission and dis- c. The clerk's position is authorized by the cipline of attorneys by Supreme Court rules. Illinois Constitution, and he is appointed,by the b. The Supreme Court has appellate jurisdiction Supreme Court. The clerk performs clerical duties over appeals as a matter of right from judgments only. of the Circuit Court imposing the death sentence. (Const., Art. VI, 5516, 18; Ill. Rev. Stat., The court will provide by rule for direct appeal Ch. 25, S13; Supreme Court Rule 24; Director

from the Circuit Court in other cases. The Supreme of the Administrative Office of the Illinois - Court also has appellate jurisdiction over appeals Courts] from the Appellate Court as a matter of right if a 1.6 Rule-making. The Supreme Court has the power constitutional question arises for the first time to make rules of pleading, practice, and procedure from an Appellate -Court action, or on certffication for the Supreme, Appellate, and Cfrcuit Courts, in- by the Appellate Court. The court say provide by order to provide for the convenient administration rule for appeals from the Appellate Court in other of justice and to simplify judicial procedure. cases. There is a standing Supreme Court Committee on (Const., Art. IV, S3, Art. V, 56, Art. VI, S4; Supreme Court Rules composed of judges and lawyers; Supreme Court Rule 701 et. lead ad hoc committees are appointed as needed. General 1.4 Judges (7) administrative authority over all courts is vested a. The Chief Justice is elected to a 3-year in the Supreme Court and is exercised by the Chief torsi by his peers. Justice in accordance with its rules. b. Supreme Court judges must be United States [Const., Art. VI, S16; Civil Practice Act S2; citizens, must be licensed attorneys-at-lay in Director of the Administrative Office of the Illinois, and must be residents of their judicial Illinois Courts] -1_ districts. Of the seven Supreme Court judges, three are elected from the First Judicial District Intermediate Appellate Court (Cook County), and one from each of the other four districts. 2.1 APPELLATE COURT. The AOpellate Court sits at c. Supreme Court judges are initially, elected times and places prescribed by Supreme Court rule. on partisan ballots at general or judicial elec- (Const., Art. VI, SS2, 5; Supreme Court Rule tionsl The candidates can be nominated by pariy 221. priaary or by petition. Reelection is by nonparti- 2.2 Organization. Illinois is divided into five san retention ballot. A judge vho seeks to be re- judicial districts. The First District consists tained must declare on or before the first Monday of Cook County; the remainder of the state is di- in December before the general election preceding vided by law into four multi-county districts of the expirationofhis term of office. A three- substantially equal population. The Supreme Court fifths majority vote is needed for retention. 5u- pfiescribes by rule the number of appellate divi- alone in each judicial district, but there must

221 Supreme Court rules and Illinois statutes,which be at least one in each. Each Appellate Division has at least three judges; assignment ofappellate will be uniform throughout the state. [Supreme Court Rule 21; Civil Practice Act judges to divisions is made by the Supreme Court. A The First District has five divisions; theSecond, 12(2)] Third, Fourth, and Fifth Districts have one divi- Court of General Jurisdiction sion each. [Const., Art. VI, 512, 5; Supreme Court Rule The court sitsil(continuous 22(a); Director of the Administrative Office 3.1 CIRCUIT COURT. of the Illinois Courts] session. [Director of the Administrative Office of the 2.3 Jurisdiction Illinois Courts1 a. The Appellate Court has originaljurisdic- The state is divided into 21 tion to complete determination of any case on 3.2 Organization. judicial circuits. Two circuits, Cook County and review, when necessary. consist of b. Appeals from final judgments of the Circuit the 18th Circuit (DuPage County), each The other 19 judicial circuits Court are a matter of right to the AppellateCourt a single county. contiguous counties. in the judicial district in which the Circuit Court are composed of two or more Each judicial circuit has one unifiedCircuit is located, except in cases appealable directly to The chief judges of the circuits have the Supreme Court. The court has jurisdiction to Court. authority to designate appropriate places forhold- provide direct review of administrative actions as The chief judge may enter general provided by law. The court also has jurisdiction ing court. general or specialized divi- over such other matters as may beprovided by orders providing fo The chief judge of any judicial circuit may Supreme Court rule. sions. establish a Marriage Division in any county of the [Const., Art. VI, 161 circuit. 2.4 Judges (34) [Const., Art. VI, 117, 7(c); Ill. Rev. Stat., a. The Appellate Court does not have achief Ch. 37, 172.1; Supreme Court Rules21(b), 40; judge over all the divisions. There is a presiding Director of the Administrative Office of the judge, however, for each division who is chosen by Illinois Courts] his peers. Presiding judges serve 1-year terms. b. Appellate Court judges must meet the same 3.3 Jurisdiction original jurisdiction qualifications as Supreme Court judges. Reference a. The Circuit Court has over all justiciable matters exceptwhen the Section 1.4.b. Supreme Court has original and exclusivejurisdic- c. Appellate Court judges areselected in the tion relating to redistricting of the GeneralAs- same manner and for the same term asSupreme Court sembly, the ability of the Governor to serve or re- judges., Reference Section 1.4.c. Court exercises [Supreme Court Rule 22(d); Director of the sume office, or where the Supreme It also has Administrative Office of the Illinois Courts] discretionary original jurisdiction. original jurisdiction to review administrative ac- 2.5 Administration a. Whereas there is no provisionfor a chief tion as provided by law. b. The Circuit Court has no appellate jurisdic- judge over all the divisions of the Appellate Court, each Appellate Court Division has a presid- tion. [Const., Art., VI, 114. 91 ing judge. There are no formal provisions estab- 3.4 Judges (677; 383 circuit judges and 294 assoc- lished in the Illinois Constitution, statutes, or , There are two categories of judges Supreme Court Rules delineating the administrative iate judges). circuit judges and &ego- authority or other responsibilities of the presidin the Circuit Courts: ciate judges. Both categories of judges have the ing judges. The research department in each dis- full constitutional jurisdiction conferred onthe trict, however, performs duties assigned by the rule, presiding judge, or in the case of the First Dis- Circuit Court, however, the Supreme Court, by provides for the matters to be assigned to asso- trict, by the Executive Committee. The Executive ciate judges. The number of associate judges is Committee of the First Appellate District (made up number of a judge from each of the five divisions) exer- provided by law based on the population, the of resident circuit judges, and the judicialneeds cises general administrative authority. b. There is no formal provision for an adminis- of the circuit. chief judge over Court; a. There is no provision for a trator over all districts of the Appellate there is however, the First District has an administrative all the circuits of the Circuit Court but Judges (reference assistant who performs some duties associated with a Conference of Chief Circuit Table 29: ifidicial councils and conferences) who administration. In the other districts, adminis- considers problems relating to the administration trative assistants or the Appellate Court clerk The Conference has a chair- perform administrative duties. Reference Section of the Circuit Court. There are chief judges for the individual 5.2.b (state-level administrator). man. circuits, who are selected by secret ballot by the c. Clerks are appointed by the judges of each Circuit Court judges and serve at their pleasure. judicial district. They generally perform clerical b. Circuit Court judges and associatejudges duties only. Court [Const., Art. VI, 118; Ill. Rev. Stat., Ch. 37 must meet the same qualifications as Supreme Reference Section 1.4.b. Circuit Court 127; Supreme Court Rule 22 (d)(f), 24; judges. judges must also be residents of the units that Director of the Administrative Office of the select them. In addition, at least one-fourth of Illinois Courts] the associate judges in the First JudicialDistrict 2.6 Rule-making. Subject to Supreme Court rules, Appellate Courts may make rules regulating their (Cook County) must reside outside Chicago. c. All judges in the Circuit Court areselected dockets, calendars, and business. A majority of Refer- the Appellate Court judges may adopt rules govern- in the same manner as Supreme Court judges. Associate judges are elected ing criminal and civil calms consistent with ence Section 1.4.c. by the Circuit Court judges in each circuit as

222 () # provided by Supreme Court rule. Circuit Court Court of Limited or Special Jurisdiction judges serve 6-year terms. Associate judges serve 4-year terms. 4.0 There are no courts of limited or special IConst., Art. VI, 117(c), 8, 10; Ill. Rev. jurisdiction. Stat., Ch. 37, S160.2; Supreme Court Rules 39, 39(a), 42, 295; 1974 Annual Report, p. 26; State-Level Administration Courts of Limited Jurisdiction, p. 92; Director ., of the Administrative Office of the Illinois 5.1 General administrative authority. General Courts] administrative and supervisory authority over all 3.5 Administration courts is vested in the 8upreme Court and is exer- a. Whereas there is no provision for a chief cised by the Chief Justice in accordance with judge over all the circuits of the Circuit Court, Supreme Court rules. Reference Section 1.5.a. The the chief judges for the individual circuits have Chief Justice may make changes in assignments of general administrative authority over their courts, appellate judges, or temporarily assign judges to including authority to provide for divisions, gen- any division. The Supreme Court may assign judges eral or specialized, and for appropriate times and temporarily to any court and assign retired judges places of holding court. This authority is subject to judicial service. to the authority of the Supreme Court. IConst., Art. VI, SS15(a), 16; Supreme Court b. There is no provision for an administrator Rule 22(b)] over all the circuits of the Circuit Court. Seven 5.2 Administrative Office circuits have trial court administrators who are a. The Administrative Office is authorized by ''' appointed by the chief judge of the circuit. In the Illinois Constitution, Art. VI, S16. each of the other circuits, an administrative sec- b. Administrative Director retary to the chief judge performs many, if not (1) The position of Administrative Director most, of the duties associated with a trial court is authorized by the Illinois Constitution, Art. administrator. Administrative secretaries are VI, S16. appointed by the chief judges. Their responsibil- (2) The Administrative Director is infor- Item include the following: mally required to have a law degree. He is (1) Implementation in administrative matters selected by the Supreme Court. of policies established by the Supreme Court, the (3) The Administrative Director has a number Administrative Director, or the chief judge. of responsibilities relating to personnel and fis- (2) Preparation of the budget for the cal management, the collection and analysis of use- Circuit Court. ful information, secretariat functions for several (3) Assisting the chief judge in recruiting, court commissions and committees, and public hiring, training, evaluating, and supervising the information. nonjudicial personnel of the Circuit Court. c. Office organi;ation.The Administrative (4) Management of space, equipment, and Office maintains two offices: the headquarters is facilities of the Circuit Court. in Springfield and the other is in Chica o. The (5) Procurement of supplies and services for offices consist of 36 people: 11 profess onals the Circuit Court. (including the Administrative Director) an 25 (6) Preparation of reports, as required, clerical personnel. The professional staf_ pro- concerning the administrativr operation of the vides support services in the following aieas: Circuit Court. systems analysis, computer operations, ttcords man- (7) Juror management. agement, and forms development; prO.ation coordina- (8) Study and improvement of caseflow and tion, court reporting, trialcour'administration, calendaring. court coordination, facilities nagement, and (9) Development of improved methods for other cOurt services; iccountin;12, budgeting, and court operations, in particular, the adoption of purchasing; education, library/services, and publi- applicable modern business and data processing cations; personnel systems, oAfice management, and techniques. judicial assignments; legislat've, executive, pub- c. One clerk of the Circuit Court of each lic, and media information, l gislative liaison, county is elected for a 4-year term as provided by and executive liaison; and in lanning and research law and holds office until his successor is activities, which include .tat4..tcal compilation, elected. Circuit Court clerks perform clerical judicial planning, research, evaluation, statisti- duties only. cal analysis, legal services, and legislative (Const., Art. VI, S7(c); Ill. Rev. Stat., Ch. drafting. 25, SS1, 13, Ch. 46, S2A-15; 1974 Annual 1Const., Art. VI, S16; 1974 Annual Report, pp. Report p. 57; Director of the Administrative 52-53, 65-66, 72-73; Supreme Court Rule 41; Office of the Illinois Courts] Rule 2 of the Rules of Procedure of the Courts 3.6 Rule-making. Subject to rgles of the Supreme Commission; Director of the Administrative Court, the Circuit Court may make rules regulating Office of the Illinnis Courts] dockets, calendars, and business. A majority of circuit judges in each circuit may adopt rules that Quasi-Judicial Officers will be uniform throughout the state governing criminal and civil cases consistent with Illinois 6.0 There are no quasi-judicial officers in statutes and Supreme Court rules. The Circuit Illinois. Court may make rules for the orderly disposition of business. Judicial Discipline [Ill. Rev. Stat., Ch. 37, S72.28; Supreme Court Rule 21(a); Civil Practice Act S2(2)] 7.1.1 Judicial Inguiry Board. The Judicial Inquiry board consists of two cirCuit judges appointed by the Supreme Court, four nonlawyers (only two which

223 f)4 1 -

Figure 2: Illinois state-level administrativeoffice of the courts, 1980

Supreme Court

Executive Committee Chief Justice

.,111. Illinois Xlliaois Judicial Courts rw an., 11 Conference Commlesioa

Supreme Court Rules Committee

Conference of Legislative Chief Circuit Liaison L101 Judges

Assistent Assistant Supervisor Supervisor Supervisor Director Director

budget 4 Personnel Probation &formation Court Support Judicial Education /tease. Services Coordination Services Services Planning 4 R

Public Information and Liaison Services

Indicates the flea of general authority.

. Indicates secretariat services ars provided to these organisations by the administretive office.

. . . Indicates informal floa of information.

1The administrative director maintains offices in Springfield and Chicago. 2The deputy director maintains office In Chicago, only.

224 may be members of the same political party) ap- 7.1.2 Courts Commission. The Courts Commission pointed by the Governor, and three lawyers (only consists of one Supreme Court judge appointed by two of which may be members of the same political the Supreme Court who acts as chairman, two appel- party) appointed by the Governor. They serve 4- late judges appointed by the Appellate Court, and year terms. No member may serve more than 8 years. two circuit judges appointed by the Supreme Court. [Const., Art. VI, 115(b)1 [Const., Art. VI, 115(e)1. 7.2.1 Authority and proce ure for sanction. The 7.2.2 Authority and procedure for sanction. The Judicial Inquiry Board is convened permanently, Courts Commission is convened permanently to hear with authority to conduct investigations, receive complaints initiated by the Judicial Inquiry Board or initiate complaints co ning judge or asso- and make rulings on the disposition of such com- ciate judge, and file complaiiiçs with the Courts plaints. It has authority after notice and public Commission (reference Section .1.2 below). Five hearing to remove, suspend without pay, censure, members must agree on a reasonable basis to file a or reprimand a judge for misconduct, and to suspend complaint. All proceedings of the board are con- with or without pity or retire a judge for disabil- fidential except the filing of a complaint with the ity. Courts Commission. The board will prosecute the In addition, judicial officers may be impeached complaint. by the legislature. [Const., Art. VI, 115(d)1 [Const., Art. IV, 1114, 151

225 Figure 1:Indiana court system, 1980

SUPREME COURT 5 Justices Jurisdiction: - Final sppollate kuriediction. Criminal Court appeals with minimum penalty greater than Civil appeals if amount in con- oflast 10 years. rsort troversy greater than 150. - Constitutionality of state or f dersl statute, and habeas corpus Is arising out of criminal, extradit or mental health proceedings.

Criminal it death penalty or if entence COURT OF APPEALS (4) 12 judges is greater than Intermediate 10 years. Jurisdiction: appellate Civil and criminal appeals not heard by court Supreme Court. Final decisions of adminintrative agencien. 5

A summit COURT (35) C/PCUIT coyly' WO 13 Judges 801 Judge! Jurisdiction (varies): Jurisdiction. - Civil actions in law and quity. - Civil actions in law and equity. divorce, Probate in somm locations. estate settlements, and guardianships un- - Felonies, preliminary heerings, and less another court created within the circuit hes been granted Jurisdiction in Courts of some minor criminal matters. general these matter!. - Juvenile matters in some counties. jurisdiction Appeals de novo. Domestic relations and probate matter! (except in Merton and Lake Counties). Jury trials. Small claim. in some countleo up to $1,500 and po sssss ory ctions involving amounts up to $500 per month. Felonies, preliminary hearings, and some minor criminal matters. Appeals de novo. Jury trial!. 11.

PROtATF COURT COUNTS COURT (65) 1 judge 65 judges Jurisdiction Jurisdiction! - In St. Joseph County con- Contract and tort under $3,000; po sssss ory actions between landlord nd tenant where rent does not current Jurisdiction with Superior Court 4n probate. exceed $500 per month; small claims matters, - Exclusive jurisdiction in - Misdemeanors, ordinance violations, criminal Juvenile matters. matters with fine under $1,000 or sentence lean Jury trials In probate. than Iyear. Traffic matters. Jury trials.

Courts of Civil limited Criminal mat ter. setter.. Jurisdiction a MUNICIPAL COURT CIS/ COURT (47) TOWN COURT (19) SMALL CLAIMS C)URT OF MAAION COUNTY 47 Judges 19 judges Of MARION COUNTY (8) IS Judges Jurisdiction (varies): Jurisdiction! 8 Judge. Jurisdiction - Civil action under - Misdemeanor. with Jurisdiction. - Low cs.es under $12,son, $500 (varies to fine less than $500 - Civil contract, ion of landlord and tenant 17,500). and sentence less tort, po matters. - Misdemeanors with than 6 months, and property, and land- Class D felonie.; misde- fine lss than $500, ordinance viola- lord and tenant, meanors, ordinance vio- sentence less than 6 tions under $1,50°. lations with leas than months and ordinance Jury trials. Surety of the peace $1,000 and sentence 17.._.) violations. proceeding.. than Iyear, prelimina Jury trials. No jury trials. hearings. - Traffic matters. Jury trials.

Indicates route of appeal. 111

226 INDIANA

Court of Last Resort b. A Supreme Court administrator is appointed by the Chief Justice. He serves as head of the 1.1 SUPREME COURT. The Supreme Court sits in Division of Supreme Court Administration, one of Indianapolis. The term of court is coterminous the twoodivisions of the Office of Judicial Admin- with the calendar year. istration. Reference Section 5.1 (General admin- (Indiana Statutes Annotated (hereinafter istrative authority). The Supreme Court adminis- I.S.A.) Section 33-1-6-11 trator performs such duties as prescribed by mem- 1,2 Organization. The Supreme Court does not sit bers of the court. in panels or divisions.Three judges constitute a c. The-Supreme Court clerkV elected to a 4- quorum. year term by the voters of th state in a general (I.S.A. 133-2.1-2-1] election. He is responsible for keeping regular 1.3 Jurisdiction office hours; maintaining the dockets, records, and a. The Supreme Court may issue any writ neces- fees of the court; certifying opinions of the sary or appropriate to the exercise of its appel- court; and making specified reports to the court. late jurisdiction. (Const., Art. 7, 63; I.S.A. 6633-2.1-7-1, b. The Supreme Court has appellate jurisdiction 33-2.1-7-4, 33-15-1-1 to 33-15-6-1] over all cases that it may restrict by court rule. 1.6 Rule-making. The Supreme Court has the exclu- The only appeals that must be taken directly to the sive power to promulgate rules of procedure for all Supreme Court are those Iron judgments in criminal courts in the state. Court rules supersede pro- cases where a penalty of death or imprisonment for cedural statutes. The Supreme Court sets adminis- more than 10 years is imposed. In all criminal trative policy and promulgates administrative appeals, the court may review any question of law, rules. and review and revise the sentence imposed in a (Const., Art. 4, 622; I.S.A. 662-5-8-1, trial court. 33-10.5-7-2, 33-13-14-41 (Constitution, Article 7, Section 4; Indiana Rules of Appellate Procedure (hereinafter Intermediate Appellate Court I.R.A.P.), Rule 41 1.4 Justices (5) 2.1 COURT OF APPgALS. The Court of Appeals sits a.,The Chief Justice is selected by the Judi- in Indianapolis for a term coterminous with the cial Nominating Commission (reference Table 12: calendar year. Characteristics of judicial nominating commissions) (I.S.A. 1633-1-6-1, 33-2.1-2-31 for a 5-year term. The commission may reappoint 2.2 Organization. The court sits in 3-judge the Chief Justice. panels. Each panel hears appeals from a designated b. Supreme Court justices must be lawyers with geographical district of the state. Presently, the either 5 years experience on the bench or 10 years court has four districts. experience in the practice of law. They must (I.S.A. 633-2.1-2-2; 1978 Annual Report, p. 21 retire at age 75. 2.3 Jurisdiction c. Supreme Court justices are appointed by the a. The Court of Appeals has no original juris- Governor to a 2-year term from a list of three diction. The court may review decisions of the nominees provided by the Judicial Nominating Com- Full Industrial board, the Review board of the mission. If the Governor fails to make the Employment Security Division, and the Public appointment within 60 days of receipt of the list, Service Commission. the Chief Justice (or acting Chief Justice)Lmakes b. The Supreme Court rules specify the condi- the selection. After Serothe initial ,24.),ear tions under which appeals are made. An appeal as term, justices must face a etention election for a ma'iter of right must be available in all cases, a full 10-year term. inclAtting a review of sentences in criminal cases. (Const., Art. 7, 613, 10; I.S.A. 1133-2.1-5-1, Except for those criminal cases where a penalty of 33-2.1-7-8, 33-5-43.2-1, 33-9-1-1, 33-9-1-2, death or imprisonment for 10 years or more and 33-14e1-2; The Ray to Judicial Merit Selection: where appeal is made directly to the Supreme Court The Nominating Process] (reference Section 1.3.b), the appeal of right is 1.5 Administration to the Court of Appeals. The court is also a. The Chief Justice has the power of general empoweredto hear interlocutory appeals. supervision over the judicial system. He exercises (Const., Art. 7, 16; I.R.A.P., Rule 41 this supervision through the Executive Director, 2.4 Jud es (12) the Supreme Court administrator, the court adminis- a. The chief judge of the Court of Appeals is trators,, Superior Court chief/presiding judges, selected by his peers. He serves in this role for Superior Court senior judges, and the presiding a term of 3 years, effective from the date of his judge of the Municipal Court of Marion County. appointment. Reference Section 5.1 (General administrative b. Court of Appeals judges must meet the same authority). The Chi stice has no specifically qualifications as Supreme Court justices. Refer- articulated duties egard to the administra- ence Section 1.4.b. tion of the Supremo 227 0 e c. Court of Appeals judge seleetmd thm-voters of their respective counties. The same manner and for the same as Supreme Court clerks' duties include endorsing all official court papers, administering oaths, and collecting justices. Reference Section [I.S.A. 133-2.1-2-4) and accounting for all court fees and fines. 2.5 Administration [I&S.A. 1133-1-12-1, 33-1-12-2, 33-1=12-4, a. The chief judge of the Court of Appeals has to 33-15-11-6; Executive Director] Reference Section 1.6. no specifically articulatedadministrative duties 3.6.1 e-making. other than to assign a replacement when a judge disqualifies himself. 3.1.2 SUPERIOR'COURT. "Tbe court sits for a term b. There is no provision for an administrator coterminous with the calendar year. for the Court of Appeals. Reference Section 5.2.b [I.S.A. 133-1-6-1] (state-level administrator). 3.2.2 Organization. The Superior Court is estab- c. The,clerk of the Supreme Court also serves lished on the county level.Each court was created the Court of Appeals. Reference SectiOn 1.5.c. through separate legislation and the organization [1..S,A. 1133-2.1-2-5, 33-3-1-3) of the court depends upon the jurisdiction con- Reference Section 3.3.2 2.6 Rule-making. Reference Section 1.6. ferred upon each court. below. Courts of General Jurisdiction [I.S.A. 1331 3.3.2 Jurisdiction 3.1.1 CIRCUIT COURT. The court sits for a term a. The jurisdiction of the Superior Court coterminous with 71ie calendar year. varies from court to court. Thirteen Superior [I.S.A. 133-00-11 Courts simply have concurrent jurisdiction with the 3.2.1 Organization.' The state is divided into 88 Circuit Court. Reference Section 3.3.1.a. Four- circuits containing either 1 or 2 counties. Court teen courts exercise concurrent jurisdiction with is held at each county seat. Some Circuit Courts the Circuit Court with the exception of probafe have established Small Claims Divisions. and/or juvenile jurisdiction, which remains exclu- [I.S.A. 133-4-1-4.1 to 133-4-1-88.2) sively with'the Circuit Court. Six SuperiorCourts 3.3.1 Jurisdiction retain exclusive jurisdiction over juvenile or pro- a. The jurisdiction of the Circuit Courtis not bate matters in addition to concurrept jurisdiction uniform among all courts. The Cimcuit Court exer- with the Circuit Court in all other matters.Four cises jurisdiction over all criminal cases, all Superior Courts have' unique jurisdiction. Each civil cases in law or equity, divorce actions, has concurrent jurisdiction with the Circuit Court estate,settlements, and guardianships unless in most matters, with exclusive jurisdiction in another court created withintNecircuit has been others. One,court retains exclusive jurisdiction granted jurisdiction over such cases. Small claims over juvenile and domesticrelations cases; one cases are kept separated on the Small Claims Docket retains exclusive small claiMs and misdemeanor in those counties where it has been created by law. jurisdiction; another retains small claims, pro- Where established, they hear civil cases up to bate, and juvenile jurisdiction; and one has exclu- 41,500 and po sssss ory actions where the maximum sive jurisdiction ovei probate, misdemeanor, and amount involved does not exceed $500 per month. small claims cases. b. The Circurt Court has concurrent appellate b. The Superior Court has concurrent appellate jurisdiction with the Superior Court over judgments jurisdiction with the Circuit Court over judgments from the Small Claims Court of Marion County. from the Small Claims Court of Marion COunty.= [Const., Art. 7, 18; I.S.A. 132-2.1-6-4, [I.S.A. 133-5-5.1 to 133-5-47-7; Indiana Trial 133-4-1-4.1 to 133-4-1-87.2, 133-4-4-3; Indiana Courts] Trial Courts] 3.4.2 Judges (83) 3.4.1 Judges (88) a. There is no provision for a chief judge over a. The Circuit Court does not have a chief all the counties that have a Superior Court. The judge over all the circuits or presiding judges for judges of some of the individual courts select a the individual circuits. chief judge or a presiding judge from among their b. Circuit Court judges must be residents of members. This most often occurs in a unified their judicial' circuits and must be members of the Superior Court of a particular county. state bar, or must have been judicial officers of b. Superior Court judges must meet the same Reference the state of a municipality. qualifications as Circuit Court judges. c. iircuit Court judges are elected to 6-year Section T.4.1,.b. terms brthe voters of their respective counties. c. The judges of four of the Superior Courts [Const., Art. 7,417; I.S.A. 1133-4-4-1, 33-13- are appointed by the Governor from a list presented 9-1] to him by the counties' Judicial Nominating Commis- Characteristics of ju- 3.5.1 Administration sion (reference Table 12: a. There are no provisions for a chief judge dicial nominating commissions). After appointment, over all the circuits or for presiding judges for the judges serve 2 years and then are subject to a the individual circuits. Each court is an autono- retention eiection for a full 6-year term. Judges mous unit. of the remaining 31 courts are elected at partisan ' b. There is no provision for an administrator , elections to 6-year terms. over all the Circuit Courts. In counties with mori (I.S.A. 133-5-5.5-1 to 133-5-47-10) than 100,000 population, the judges of the Circuit 3.5.2 Administration Court, Superior Court, and Probate Court sit in a. Whereas there is no provision for a chief committee and elect to establish the position of judge over all the counties that have a Superior court administrator. If the judges decide to Court, there are chief judges or presiding judges create the position, they are empowered to specify for some of the individual courts. They have no the duties of the court administrator. specifically articulated administrative duties, but c. Circuit Court clerks, or county clerks as in prac4ce they carry out administrative duties they are called, are elected to 4-year terms by for their respective courts. The senior judges of

228 r- tt.) divisions of the larger Superior Courts are respon- 4.2.2 Organisation.There is a single Probate Bible for the sidAiniitieViónOTIteir respective Court in the state located in St. Joseph County. divisions. There are n9 specialized divisions of the court. b. There is no provision for an administrator (I.S.A. 133-8-2-1) over all the counties that have a Superior Court. 4.3.2 Jurisdiction Reference Section 3.5.1.6 (Administration). a. The Probate Court has concurrent jurisdic- C. CircUit Court clerks serve as clerks for the tion with the Superior Court of St. Joseph County Superior Court. Reference Section 3.5.1.c in all probak, matters and exclusive jurisdiction (Administration). in all juvenile cases in the county. [I.S.A. 133-5-29.5-8; Executive Director] b. The Probate Court has no appellate jurisdic- 3.6.2 Rule-making. Reference Section 1.6. tion. (I.S.A. 1133-8-2-9, 33-8-2-10) Courts a Limited or Special Jurisdiction 4.4.2 Jud es (1) a. Since there is only one judge, the Probate 4.1.1 COUNTY COURT.The court sits for a term Court does not have a presiding judge. coterminous with the calendar year. b. The Probate Court judge must meet the same (I.S.A. 133-1-6-1) qualifications as Circuit Court judges. Reference 4.2.1 Organization. There is a County Court in Section 3.4.1.b. approximately 65 of 92 counties. Six courts serve c. The Probate Court judge is elected to a 6- two counties each. There are no specialized divi- year term by the voters of St. Joseph County. sions of the court. (I.S.A. 1133-8-2-3, 33-13-9-1) [I.S.A. 133-10.5-1-5; Executive Director] 4.5.2 Administration 4.3.1 Jurisdiction a. There is no provision for a presiding judge a. The County Court has original and concurrent for the Probate Court. jurisdiction in all class D felony, misdemeanor, b. There is no provision for an administrator . infraction, and ordinance violation cases; and for the Probate Court. Reference Section 3.5.1.6. original jurisdiction in cases involving a request c. The St. Joseph County Circuit Court clerk for a surety of the peace. The court also hes serves as clerk of the Probate Court and performs original and concurrent jurisdiction in all civil the same duties with respect to the operation of cases founded on contract or tort in which the debt the Probate Court. Reference Section 3.5.1.c. or damage does not exceed $3,000; landlord-tenant [I.S.A. 1133-8-2-4, 33-8-2-51 possessory actions where the rent reserved does not 4.6.2 Rule-making. Reference Section 1.6. exceed $500 a month; and original exclusive juris- 'diction in other possessory actions where the prop- 4.1.3 MUNICIPAL COURT OF MARION COUNTY. The court erty value does not exceed $3,000. Where a defen- sits for a term coterminous with the calendar year. dant is charged with a crime not within the juris- (I.S.A. 133-1-6-1) diction of the court, it may hold the defendant to 4.2.3 Organization. The only Municipal Court in bail in an equal amount of either cash or surety. the state is located in Marion County. The geo- b. The County Court has no appellate jurisdic- graphic jurisdiction of the court extends to the tion. city-county consolidation of Indianapolis-Marion. (I.S.A. 133-10.5-3-1) There are no specialized divisions of the court. 4.4.1 Judges (65) [I.S.A. 133-6-1-1; 1978 Annual Report] a. The County Court does not have a presiding 4.3.3 Jurisdiction judge. a. The Municipal Court of Marion County has b. Cdunty Court judges must be citizens of the original and concurrent jurisdiction with the Su- United Statek, must be residents of Indiana, must perior and Circuit Courts in all actions where the be members of the Indiana Bar, and must be less amount in controversy does not exceed $12,500 and tgan 70 years old at the start of their terms. in all possessory actions between landlord and Judges may not practice law while in office. tenant regardldss of amount. The court's criminal c. County Court judges are elected to 4-year jurisdiction extends to all municipal ordinance terms by the voters of each county, or the voters violations and all misdemeanor violations of traf- of two counties if the judge is required to serve fic laws. Original jurisdiction, concurrent with two counties. In multi-judge counties, each judge- the Superior and Circuit Courts, is exercised over ship is subject to separate election. all misdemeanors and all Class D felonieq. [I.S.A.1133-10.5-4-1, 33-10.5-4-2, 33-10.5-6-1, b. The Municipal Court of Marion County has no 33-10.5-6-6; Executive Director] appellate jurisdiction. 4.5.1 Administration [I.S.A. 133-6-1-2; Executive Director] a. There are no provisions for presiding judges 4.4.3 Judges (15) for the County Court. a. The presiding judge is designated upon his b. There are no provisions for administrators appointment to the court. He serves in this role for the County Court. Reference Section 5.2.b for a term of 4 years. (state-level administrator). b. Municipal Court of Marion County judges must c. Circuit Court clerks serve as clerks for the be United States citizens, must be lawyers with 5 County Court and perform the same functions with years of experience in the state and 3 years of ex- respect to the operation of the County Court. perience in thi county, and must have been resi- Reference Section 3.5.1.c (Administration). dents of the county for at least 3 years.No more [I.S.A. 433-10.5-8-21 than eight judges can be of the same political 4.6.1 Rule-making. Reference Section 1.6. party. c. MUnicipal Court df Marion County judges are 4.1.2 PROBATE COURT (St. Joseph).The court sits appointed to 4-year terms from a list of nominees for a term coterminous with the calendar year. provided by the Judicial Nominating Commission (I.R.A. 133-1-6-11 (reference Table 12: Characteristics of judicial nominating commissions). 229

- U.S.A. 133-6-1-12) 4.1.5 CITY COURT.Regular sessions of the court 4.5.3 Administration are held at a place provided and designated by the a. The presiding judge assigns cases, court- common council. rooms, and offices and, unless he establishes rules U.S.A. 118-1-14-5) to handle the matter, he decides all matters of 4.2.5. Organization. The judicial power of every trial dates, continuandes, and subpoenas. city of the 1st, 2nd, 3rd, and 4th class is vested b. There is no provision for an administrator in a City Court. for the Municipal Court. Reference Section 5.2.6 U.S.A. 118-1-14-1) (state-level administrator). 4.3.5 Jurisdiction C. The Marion County Circuit Court clerk serves a. The City Court has criminal jurisdiction in as clerk of the Municipal Court. misdemeanors where there is a fine less than $500 U.S.A. 1133-6-1-3, 33-6-1-7) and a sentence less than 6 months. The court also 4.6.3 Rule-sikkiog. The court is authorized to has jurisdiction over city ordinance violations. promulgate procedural rules not inconsistent with The City Court has civil jurisdiction in civil state law. actions under $500 (varies to $2,500). [I.S.A. 133-6-1-3.1) b. The City Court has no appellate jurisdiction. 4.1.4 SMALL CLAIMS COURT OF MARION COUNTY. The [Court Organization Chart) court sits for a term coterminous with the calendar 4.4.5 Judges (47) year. a. The City Court does not have presiding U.S.A. 133-1-6-1) judges. 4.2.4 Organization. There is a division of the b. There are no statutory qualifications for Marion County Small Claims Court in every township City Court judges. of Marion County with 15,000 population unless the c. City Court judges are elected for 4-year township chooses not to have such a court. The terms by the voters of their respective cities at court has eight divisions based on township lines. the same time and in the same manner as other city Territorial jurisdiction extends throughout the officers. county. This is not court of record. [I.S.A. 18-1-14-5(a)) U.S.A. 1133-11.6-1-5, 13-11.6-1-4, 4.5.5 Administration 33-11.6-2-1; 1978 Annual Report] a. There are no provisions for presiding judges 4.3.4 Jurisdiction for the City Court. a. The Marion County Snell Claims Court has b. There are no provlsions for administrators original and concurrent jurisdiction with the Cir- for the City Court. Reference Section 5.2.6 cuit, Superior, and Municipal Courts in all civil (state-level administrator). actions founded on contract or tort in which the c. In cities of the 1st and 2nd class, the amount in controversy does not exceed 0,500; in city clerk serVes as the clerk of the City Court. possessory actions between landlord and tenant in He has the responsibility for administering Oaths, which the past due rent does not exceed $1,500; and issuing all process of the court, and affixing the in actions for the possession of property of less seal of the court. He also has responsibility for than $1,500 in value. keeping a complete record and docket of all cases, b. The Marion County Small Claims Court has no and collecting all fees, fines, penalties, forfei- appellate jurisdiction. tures, judgments, executions, and moneys. In U.S.A. 1133-11.6-4-2, 33-11.6-4-3) cities of the 3rd and 4th class, the judge may act 4.4.4 Judges (8) as clerk and may periOrm all duties, so far as ap- a. The Marion County Small Claims Court does plicable, listed above. not have a presiding judge. U.S.A. 1118-1-14-5, 18-1-14-8) b. Marion County Small Claims Court judges must 4.6.5 Rule-making, The City Court judge has full be United States citizens, must have been residents power and authority to make and adopt rules and of the state and county for at least 1 year prior regulation* for conducting the business of his to taking office, and must be "of high moral char- court not inconsistent with state law. acter and reputation." Judges must be attorneys [I.S.A. 118-1-14-6) unless they were justices of the peace on December 31, 1975, and had held that office for at least 1 4.1.6 TOWN COURT. The Town Court judge holds such year. sessions of the court as the business of the court c. Marion County Small Claims Court judges are demands at a place provided and designated by the elected to 4-year terms by the voters of the town- board of Trustees of the town. ships in which the divisions are located. U.S.A. 118-1-14-3) U.S.A. 1133-11.6-3-1, 33-11.6-3-2, 4.2.6 Organization.The judicial power of every 33-11.6-3-4; Executive Director) town may be vested in a Town Court upon ordinance 4,5.4 Administration ' of the town board of Trustees that creates such a a. There is no provision for a presiding judge court. This does not apply to any town located in for the Small Claims Court of Marion County. a county having a population greater than 200,000 b. There is no provision for an administrator according to the last census. for the Small Claims Court of Marion County. Ref- 4.3.6 Jurisdiction erence Section 5.2.6 (state-level administrator). a. The Town Court has criminal jurisdiction in c. The court is furnished with a clerk by the misdemeanors where there is a fine less than $500 township. There are no formal provisions for and a sentence less than 6 months. The court also assigning administrative duties to the clerk. has jurisdiction over city ordinance violations. U.S.A. 133-11.6-8-31 b. The Town Court has no appellate jurisdic- 4.6.4 Rule-making. Statute requires that the court tion. use a simplified procedure that will allow any [Court Organization Chart] person to bring his case before the court without 4.4.6 Judges (19) the aid of an attorney. a. The Town Court does not have presiding [I.S.A. 133-11.6-4-6) judges. 230

() j (--- I Figure 2:Indiana state-level administrative office of the courts, 1980 C State Court L. Administrator

Deputy II. State Court Administrator

11Lol P IIIi 1 Public Planning information Court Information and Systems Support and Liaison Research Services Activities

- Systems analysis Court coordination - Legislative, - Statistical compilation

- Pons' davelopment Other court activities executive, public IL h - Yield representation and media - [valuation information - Statistical analysis - Legislative drafting - JPC/Planning

) b. There are no statutory qualifications for concurrence of the Supreme Court. There are no Town Court judges. formal qualifications. c. Town Court judges are elected to 4-year b. Cases are referred to masters by an order terms by the voters of their respective towns at of the court, which expressly states their powers the same time and in the same manner as the other and duties. Subject to limitations expressed in town officers. When a vacancy occurs in the office the reference order, masters may hear evidence, of judge, the vacancy is filled by appointment by rule on its admissability, administer oaths, and the president of the town Board of Trustets until call witnesses. The master files a report of his the successor can be elected at the next election proceedings with the court. of toWn officers. [Trial Rule 53(A), 53(C), 53(E)] [I.S.A 5518-1-14-3, 18-1-14-4] 4.5.6 Adeinistration 6.1.2 CIRCUIT COURT a. There are no provisions for presiding judges 6.2.2 Probate commissioner for the Town Court. a. The judges of the courts in counties of over b. There are no provisions for administrators 7,000 population are authorized to appoint probate for the Town Court. commissioners. They must be residents of the c. The judge acts as his awn clerk. county and "competent person[e]." [I.S.A. 518-1-14-2] b. Commissioners are empowered to make and 4.6.6 Rule-making. The powers ollha Town Court enforce all rules necessary for the protection of judge are the same as those prescfted for a City trusts assigned to them and to take actions neces- Court judge. Reference Section 4.6.5. sary to enforce the rules of the court and expedite [I.S.A. 118-1-14-3] the business of the court with reference to probate matters. In counties with mere than 60,000 popula- State-Level Administration tion, commissioners may hear evidence and make reports on their findings to the court. 5.1 General administrative authority. The adminis- [I.S.A. 1129-2-2-1, 29-2-2-5, 29-2-4-1] trative organs of the state judicial system have been placed under the auspices of the Chief Justice 6.1.3 CIRCUIT COURT, SUPERIOR COURT, AND MUNICIPAL of the Supreme Court. Within his office is the COURT OF MARION COUNTY Office of Judicial Administration, which consists 6.2.3 Master commissioner of the Division of Supreme Court Administration and a. Master commissioners are appointed by the the Division of State Court Administration. Refer- court. They must be attorneys and must be resi- ence Sections 1.5.a ad 1.5.b. dents of the counties where the courts are located. [I.S.A. 533-2.1-7-1] b. Commissioners are authorized to take and 5.2 Division of State Court Administration certify affidavits and depositions, administer a. The division was created by statute. It is oaths and affirmations, issue and enforce sub- one of the two divisions that make up the Office poenas, conduct preliminary hearings, issue search of Judicial Administration. warrants, and issue arrest warrants and set bond b. Executive Director thereon. Commissioners are also empowered to han- (1) The position of Executive Director is dle certain chancery matters such as examining the statutorily authorized by I.S.A. 533-2.1-7.1. condition and'operation of trusts and estates. (2) There are no formal requirements for the They have the power to issue and enforce subpoenas position of Executive Director. In practice, he in the furtherance of these duties. In such cases, is expected to be an attorney. He is appointed by the commissioner files a report with the court for and serves at the pleasure of the Supreme Court. its action on the matter. (3) The Division of State Court Administra- [I.S.A. 534-1-25-1 to 534-1-25-3] tion and the Executive Director are charged with examining the practices of the clerks' offices and Judicial Discipline other offices serving the courts and making recommendations for necessary improvements; collecting 7.1 Commission on Judicial Qualifications. The and compiling statistics; and publishing reports Supreme Court and Court of Appeals Judicial Nomi- on caseloads, budget, and the operations of the nating Commission (reference Table 12: Character- courts. istics of judicial nominating commissions) also c. Office organization. The Chief Justice is serve as a Commission on Judicial Qualifications. empowered to appoint the personnel of the Division The commission consists of the Chief Justice or his of State Court Administration. The office consists designate as chairman; three attorneys, elected by of 5 people: the Executive Director, the \assistant the state bar; and three lay persons, selected by 'director, and three secretaries.The professional the Governor. staff provides support services in the following [Const., Art. 7, 19; I.S.A. 1133-2.1-4-1, areas: systems analysis, forms development, and 33-2.1-4-2, 33-2.1-5-2] field representation; court coordination and other 7.2 Authority and procedure for sanction. Upon court services; legislative, executive, public, and receiving a complaint, the commission notifies the media information, legislative liaison, and execu- accused judge, who must file an answer within 20 tive liaison; and planning and research activities, days. The commission will then either conduct a which include statistical compilation, judicial hearing itself or request the Supreme Court to plannieg, research, evaluation, statistical analy- appoint three judges, active or retired, of courts sis, and legislative drafting. of record to serve as special masters and to con- [I.S.A. 533-2.1-7-1 to 533-2.1-7-3; Executive duct a hearing. The hearing is recorded verbatim Director] and formil rules of evidence apply. If the hearing is before a master, he must make a report to the Quasi-Judicial Officers commission and the accused has the right to file an objection to the report. The commission makes its 6.1.1 ALL TRIAL COURTS recommendations to,the Supreme Court who takes 6.2.1 Masters final action. a. Meters are appoihked by the court with the [I.8.A. 133-2.1-5-5 to 133-2.1-5-19] 232 0 IOWA

Court of Last Resort tint of mOtions for hearing, the administration of the state bar examination and the election of ju- 1.1 SUPRINI COURT. The court meets at the seat of dicial nominating commissioners, the maintenance government and holds three regular terms each year. of a docket of senior judges, the maintenance of a [Code of Iowa 1977 (hereinafter Code) Section list of certified short-hand reporters and attor- 684.5] neys admitted to the bar, and other general record- 1.2 Organization. The Supreme Court may be divided keeping responsibilities. into divisions of three or more judges as pre- [Code 1146.9, 115.7, 685.1, 685.2; Rules of scribed by rule. The divisions may hold open Appellate Procedure 22 (h, i); Supreme Court court separately and cases may be submitted to Rules 103, 108; Court Administrator]

e ach diVision separately. 1.6 Rule-makin . The legislature grants the Su- [Code 1684.2] prema Court power to prescribe all rules of plead- 1.3 Jurisdiction ing, practice, and procedure, and to prescribe the a. The Supreme Court may issue all necessary forms of process, writs, and notices for all civil writs to conduct the business of the court. proceedings for all courts in the state. It also b. The Supreme Court has'appellate jurisdiction has the power to prescribe rules of appellate pro- only in cases in chancery, and constitutes a court cedure. Any such rules and forma prescribed by the for the correction of errors at law. Supreme Court must be reported to the General [Constitution, Article V, Section 4; Code Assembly and are subject to any changes made by the 1684.11 General Assembly. Statutes provide that the Su- 1.4 Justices (9) preme Court is to promulgate rules providing for a. The Chief Justice is selected by his peers. the assignment of causes for hearing. The Supreme He serves for the remainder of his term and is Court must also adopt rules for the administration e ligible for reselection. of the courts. b. Supreme Court justices must be members of [Code 11684.9, 684.18, 684.19, 684.211 the state bar. c. Supreme Court justices are appointed by the Intermediate Appellate Court Governor frOm a list of nosinees submitted by the 'State Judicial Nominating Commission (reference 2.1 COURT OF APPEALS. The court meets at the seat Table 12: Characteristics of judicial nominating of government. It holds annual terms and is in commissions). They serve for 1 year after appoint- continuous session. ment, at which time they must stand for retention [Code 11684.32, 684.331 in general elections. If retained, they serve 8- 2.2 Organization. The Court of Appeals has state- year terms. wide jurisdiction. The court does not sit in (Const., Art. V, lin, 17, 18; Code 1684.41 panels or divisions. 1.5 Administration [Code 1684.351 a. The Supreme Court exercises administration 2.3 Jurisdiction and supervision over the entire court system a. The Court of Appeals is eupowered to issue through the Chief Justice, assisted by the Court writs and other process necessary for the exercise Administrator of the Judicial Department, Who ex- and enforcement of its jurisdiction. e rcises general supervisory powers over the unified b. The Court of Appeals has appellate jurisdic- District Court. The Chief Justice also serve. as tion only in cases in chancery.The court has sub- chairman of the Judicial Council (reference Table ject matter jurisdiction in all civil actions and 29: Judicial councils and conferences). Also ref- proceedings, all criminal actions, all postconvic- erence Section 5.1 (General administrative author- tion remedy proceedings, aqd judgments of district ity). The Chief Justice has no specifically ar- judges in small claims actions. The jurisdiction ticulated duties with regard to the administration of the court is limited to those matters for which of the Suprema Court. an appeal has been brought before the Supreme b. The Court Administrator of the Judicial Court, and for which the Supreme Court has entered Department serves as the administrator for the an order transferring the matter to the Court of Supremo Court. Reference Section 5.2.b (state- Appeals. Any action or proceeding filed with the level administrator).- Supreme Court for appeal or review may be trans- c. The justices of the Supreme Court appoint a ferred by the Supreme Court to the Court of clerk to serve a 4-year tern. There are rio formal Appeals by issuing an order of transfer. provisions for assigning administrative duties to [Code 11684.1, 684.351 the clerk. In practice, the clerk provides super- 2.4 Jud es (5) / vision over the following duties: the docketing a. The chief judge is elected to a 2-year term and monitoring of cases appealed to the Supreme by majority vote of the judges of the Court jif Ap- Court, the granting of extensions of time, the set- peals.

f) 233 t) Figure 1:Iowa court system, 1980

OIMMI SUPREME COURT 9 justices Jurisdiction: - Original Jurisdiction in reapportionment, bar diecipline, and the iesuance of temporary injunctions. Discretionary reviev of District Court actions: in small claim actions where the amount is lass than $1,000; in other civil actions where the Court of amount is lass than $3,000; in criminal csees where the state is the last applicant, from an order dismissing an rrrrr t or search warrant; in resort criminal cases where the defendant is the applicant, from an order denying probation, In criminal cases where the state or the defendant is the applicant, from an order suppressing or admitting evidence or from an order granting or denying a change in'venue. - All other District Court final judgments se a matter of right. - Discretionary appeals of any matter may be transferred to the Court of APpeals. .11,

COURT OF APPEALS 5 judges Intermediate Jurisdiction: appellate - Any case transferred by order COurt to the Court of Appeals frost the Supreme Court.

DISTRICT COURT (S) - DISTRICT COURT Op DISTRICT COURT (S) DISTRICT COURT (a) 92 full-time, 3 part- 13 district associate 166 part-time magistrates time judges judges Jurisdiction' Jurisdiction: 17 regular and 9 - Small claims of $1,000 - General And original substitute full-time or less. Forcible jurisdiction in civil magistrates entry and detainer, and pro te actions. Jurisdiction: except title to - Generpf And original - Civil actions $3,000 or property. jur diction in less. Small claims of Nonindictable miade- cptsiinal cases. $1,000 or less. Forci- meanor including traf- - uvenile matters. ble entry and detainer, fic and ordinance peals de novo and on except title to violations (fines less Court of record (from cases property. than $100 or sentence general originally heard by - Misdemeanors, ordinance less than 30 days). jurisdiction associate judges and violations, and prelim- Prlisinary hearings. magistrates). inary hearings. Search werrent Jury trials. Traffic cases. proceedings. - Juvenile matters. No jury trials in small Six-person fury trial in claim csses. simple misdemeanor Jury trials in criminal (non-indict'able) cases. cases. No jury trials in mall claim eases. =11.

Indicates routeof appeal.

itIndicates assignment of csses.

234 49 b. CourtflfAppeals judges met met the same -designated as judges of the Juvenile Court by the qualificatis as Supreme Court justices. Refer- chief judge of the judicial district. ence ction 1.4.b. " rilWI1T11.. jillifIAT-megistrafes. As of c. Court of Appeals judges are selected in the July 1, 1974, full-time magistrates have concurrent same manner as Supreme Court justices. Reference jurisdiction with district associate judges. Section 1.4.c. After 1 year following initial (4) Part-time judicial magistrates. Part- appointmenti Court of Appeals judges must stand for time judicial magistrates have jurisdiction in pre- retention i4 general elections. If retained, they liminary hearing cases; nonindictable misdemeanors, serve 6-year terms. includine traffic and ordinance violations; search (Code 1146.16, 684.34, 684.43) warrant proceedings; small claima; emergency hos- 2.5 Administration pitalization proceedings, and miscellaneous a. The Chief Judge supervises the affairs of actions. the court. b. The Iowa District Court is the state's uni- b. The Court Administrator of the Judicial fied trial court. Therefore, the court has no ap- Deportment serves as the administrator for the pellate jurisdiction. Court of Appeals. Reference Section 5.2.b (state- (Const., Art. V, 11; Code 11231.1, 602.1, level administrator). 602.4, 602.32, 602.60; Iowa Judiciary, pp. 25, c. The clerk of the Supreme Court acts as clerk 29-30; Court Adeinistrator) of the Court of Appeals. Reference Section 1.5.c. 3.4 Judges. Ninety-two full-tine and 3 part-time Subject to the approval of the Supreme Court, he district judges, 13 district associate judges, 17 may appoint a deputy clerk for the performance of regular full-time magistrates, 9 substitute full- duties relating to the Court of Appeals. time magistrates, and 166 part-time magistrates (Code 11684.19, 684.48, 684.49) serve as judicial officers in the District Court. 21611111iLL1ECLLEL. The Court of Appeals, subject to a. There is no provision for a chief judge over the approval of the Supreme Court, may prescribe all the districts of the District Court. The Chief rules of appellate procedure and other rules for Justice, with the approval of the Supreme Court, conducting business for the Court of Appeals, not appoints a chief judge for each district from among in conflict with rules of the Supreme Court. Rules the district judges of the district for a 2-year must be approved by the legislature. term, after which he is eligible for reappointment. (Code 11684.19, 684.37) b. Qualifications (1) District judges. District judges must Court of General Jurisdiction be residents of the districts in which they are elected. They must be licensed attorneys. 3.1 DISTRICT COURT. The court sits in continuous (2) District associate judges. District session. associate judges must be licensed attorneys. (Code 1602.10) (3) Judicial magistrates. Judicial magis- 3.2 Organisation. For the purposes of administra- trates must be voterd of their counties and must tion and ordinary judicial functions, the state is be less than 72 years of age. Full-time magis- divided into eight multi-county judicial districts. trates must be licensed to practice law. A license The state is divided into 13 judicial election dis- to practice law is not required for part-time mag- tricts for the purposes of nomination and appoint- istrates; however, the County Judicial Magistrate ment of district judges, the application of the Appointing Commission (reference Table 12: Charac- judgeship formula, the removal of judicial magis- teristics of judicial moninating coumissions) must trates, and the appointment of substitute and reg- first consider licensed attorneys. The Magistrate ular full-time judicial magistrates. Court must Appointing Commission is composed of one district be held at the places in each county as designated judge designated by the chief judge of the dis- by the chief judge of the judicial district, except trict, three members appointed by the board of Su- for the determination of matters not requiring a pervisors, and two attorneys elected by the county jury, when court may be held at soma other place bar. in the district with the consent of the parties. c. Method of selection and tenure When regular or associate district judges or full- (1) District judges. District judges are time magistrates are hearing juvenile cases, the appointed by the Governor from a list of two nomi- District Court is known as the Juvenile Court. nees submitted by the District Judicial Nominating There are no specialised divisions of the court. Commission (reference Table 12: Characteristics (Code 11602.18, 602.5; 1976 Annual Statistical of judicial nominating commissions).Following ini- RePor;, llowa Judiciary (hereinafter Iowa Judi- tial appointment, they serve for one year, after

c ary , p0. 32-331 which they must stand for a retention election. 3.3 Jurisdiction If retained, they serve 6-year terms. a. The District Court has general and original (2) District associate judges. District jurisdictioq over all actions and proceedings in- associate judges are appointed by the district cluding juv4nile matters.Jurisdiction of the judges of the election districts from nominations court is dililded bettieen the various types of judi- by the County Judicial Magistrate Appointing Com- cial officers as follows: mission (reference Table 12: Characteristics of (1) District judges.District judges pos- judicial nominating commissions). After the initial sess the full jurisdiction of the District Court, 4-year terms, they stand in retention elections including th jurisdiction of the judicial magis- every 4 years thereafter. trates. (3) Judicial magistrates. Ful time magis- (2) District associate judges. Associate trates are appointed by the district ju the judges have the same jurisdiction as pert-time mag- election districts from nominations by the County istrates (see (4) below) in addition to jurisdic- Judicial Magistrate Appointing Commission and serve tion over indictable misdemeanors, civil actions 4-year terms. Part-time judicial magistrates are for money judgments where the amount in controversy appointed by the Appointing Commission for 2-year does net exceed $3,000, end juvenile cases when terms.

235 (Const. Art. V, 115; Code 1146.16, 602.16, Court relating to the business transacted by the -----402,29,-602.50,-40241, 602.52, 605.13, 605.14; courts. Rules of Civil Procedure (hereinafter R. Civ. (b) Collects statistical and other data P.), Rule 376; Court Administrator] and makes reports to the Supreme Court relating to 3.5 Administration the expenditure of aonies-for the maintenance and a. Whereas there is no chief judge over all the operation of the judicial systei. districts of the District Court, the chief judges (c) Obtains reports from clerks of for the individual districts exercise continuing court, judges, and magistrates in accordance with administrative supervision within their districts law, or rules prescribed by the Supreme Court as over the courts, judges, officials, and employees. to cases and other judicial business in which They fix times and places for holding court and action has been delayed beyond periods of time designate the judges who will hold court. specified by law or such rules, and makes reports. b. There is no provision for an administrator (d) Examines the state of the dockets over all the districts of the District Court. The of the courts and determines the need for assis- administrators for the individual districts are tance by any courts. appointed by the chief judges and perform such (e) Makes reports concerning the over- dutiee ae may be assigned by the chief judges. loading and underloading of particular courts. They must cooperate with the Court Administrator (f) Hakes recommendations relating to of the Judicial Department in developing necessary the assignment of judges where courts are in need statewide court policies.Reference Section 5.2.b of assistance. (state-level administrator). (g) Examines the administrative methods c. The positions of District Court clerks, who employed in the offices of clerks of courts, pro- are elected in partisan elections every 4 years, bation officers, and sheriffs, and makes recoamen- are authorized by statute. The clerks attend ses- dations regarding the improvement of same. sions of the court or send deputies. The clerks (h) Formulates recommendations for-the are responsible for keeping the records, papers, improvement of the judicial system. and seal, and for recording the proceedings of the (0 Administers funds appropriated to court. the Supreme Court, District Court, Office of the (Code 1139.16, 605.35, 606.1; R. Civ. P., 3771 State Court Administrator, the Commission on Judi- cial Qualifications (reference Section 7.1), the 3.6 Rule-makin . Reference Section 1.6. clerk of the Supreme Court, the Board of Law Exam- Court of Limited or Special Jurisdiction iners, and the Board of Examiners of Shorthand Reporters. 4.0 There are no trial courts of limited or special (j) Attends to such other matters as jurisdiction in Iowa. may be assigned by the Chief Justice and the Su- preme Court. State-Level Administration c. Office organization. The Court Administra- tor's staff (which includes the staff of the clerk 5.1 General administrative authority. The Supreme of the Supreme Court) consists of 22 people: 13 Court has the constitutional authority to exercise professionals (including the Court Administrator supervisory and adainistrative authority over all of the Judicial Department) and 9 clerical person- trial courts in the state. The court may also nel. The office staff provides support services assign retired or senior judges to temporary active in the following areas: records management; pay- duty. The Chief Justice has the following adminis- roll, accounting, auditing, budgeting, and purchas- trative duties: assigns judges and other court ing; education; and in planning and research activ- personnel from one judicial district to another as ities that include statistical compilation, judic- needed; orders conferences of members of courts on ial planning, and legal services. matters relating to the administration of justice; (Code 11685.6, 685.8; Court Admimistrator] and appoints, with the approval of the Supreme Court, the chief judge in each judicial district. Quasi-Judicial Officers Reference Section 1.5.a.

(Const., Art. V, 14; Code 11602.18(9), 684.20, ' 6.1 DISTRICT COURT 684.25; R. Civ. P., 375, 376; Court 6.2 Referee Administrator] a. The District Court judge presiding over the 5.2 Office of the Court Administrator juvenile matters is empowered to appoint referees. a. There is no specific authorisation for the Referees must be licensed attorneys. administrative office. b. Referees are authorized to hear any juvenile b. Court Administrator of the Judicial Depart- proceeding in the first instance. At the conclu- ment sion of the referee's hearing a report of his find- (1) The Iowa Code, 1685.6, establishes the ings of fact are transmitted to the appointing position of Court Administrator of the Judicial judge. The parties are entitled to a rehearing Department. before the judge as a matter of right if they so (2) There are no statutory qualifications request within 7 days of the filing of the ref- for the position of administrator. In practice, eree's findings. the court administrator is expected to he admitted (Code 1231.31 to the bar or have special training in court administration. The Court Administrator is appointed Judicial Discipline by the Supreme Court and serves at its pleasure. (3) Under the direction of the Supsime 7.1 Commission on Judicial Qualifications. The Court, the Court Administrator has the foliating commission consists of one District Court judge and duties: two attorneys appointed by the Chief Justice of the (a) Collects and compiles statistical Supreme Court, and four nonattorneys appointed by and other data and makes reports to the Supreme

236 0;- 4 ,; Figure 2: Iowa statelevel administrative office of the4urts, 1980

Court Administrator of the Judicial Department

Statistics Budgeting Clert of Maintenance Research and and Supreme and Engineer Secretaries and Education finance Appellate Screening Courts

Statistician Training Staff Officer

237 0 "" 1

the Governor and confirmed by the Senate. are confidential, but if the commission applies to [Code 1605.26) the Supreme Court to retire, discipline, or remove 7.2 Authority and frocedure for sanction. Charges a judge, the application and all records become before the commission ire informal. The commission public documents. If the commission does make such investigates each charge and may apply to the Su- an application, the Attorney General prosecutes the preme Court to retire, discipline, or rOUOVO the proceedings in the Supreme Court and the judge may judge. Any action or recommendation of the commis- defend in person and by counsel. If the Supreme sion requires the vote of a quorum (four members) Court finds the application should be granted in of the commission. All its records and proceedings whole or in part, it takes the appropriate action. [Code 11605.28, 605./29, 605.30)

(..).!-- 4."i , I I

238 KANSAS

Court of Last Resort 1.4 Justices (7) a. Ths juetice who is senior in continuous term 1.1 MUNI COURT. The Supreme Court of Kansas of service is Chief Justice. If two or more have meats at Topeka beginning on the first Tilesday in continuously served during the same period, the one January and July of each year. Special and ad- senior in age becomes Chief Justice. He may con- journed terms of the court may also be held. tinue in this position as long as he is on the (Kansas Statutes Annotated (hereinafter court or he may resign the position and remain on K.S.A.) Section 20-102] the court. 1.2 Organisation,. Because the court consists of b. Supreme Court justices must be at least 30 even justices and the constitution requires the years of age, must be authorized to practice lpw concurrence of not fewer than four justices for a in the courts of the state and must have engaged decision, panels are not authorized. Screening in the active and continuous practice of law for a panels, however, are authorized to determine the period of 10 years prior to appointment. proper calendar on which a case should be placed. c. Supreme Court justices are appointed by the The screening panels consist of three justices Governor from a list of three qualified persons designated by the Chief Justice. The court has submitted by the Supreme Court Nominating Commis- divided the state into six sections, known as judi- sion (reference Table 12: Characteristics of ju- cial departments. The departments provide a means dicial nominating commissions). In the event the of exchanging information with the District Courts Governor fails to make an appointment within 60 on administrative matters. A juitice is assigned days of the submission of the names, the Chief as departmental justice for each department. Justice makes the appointment. After serving I (Constitution, Article III, Section 2; K.S.A. year, justices are subject to a retention vote. 120-318; Supreme Court Rule (hereinafter If retained, justices remain in office for 6-year S.C.R.), No. 7.01 (3)] terms. 1.3 Jurisdictien (Const., Art. III, 112, 5, 7; K.S.A. 120-1051 a. The Supreme Court has original jurisdiction 1.5 Administration in proceedings in quo warranto, mandamus, and habe- a. The Supreme Court has general administrative The Chief as corpus. The Supreme Court has original and ex- authority over'ill courts in the state. clusive jurisdiction in regard to any controversy Justice has the responsibility for executing and relating to the apportionment of representation in implementing the administrative rules and policies the state legislature. of the Supreme Court, including supervision of the b. Any decision of the Court of Appeals is sub- personnel and financial affairs of the court sys- ject to review by the Supreme Court at its discre- tem. The Judicial Administrator, district admin- tion. Any party, however, may appeal a Court of istrative judges, trial court administrators, and Appeals decision to the Supreme Court as a matter chief clerks assist the Chief Justice in the admin- of right when a constitutional issue arises for the istration and supervision of the court system. first time as a result of the decision. Transfers Reference Section 5.1 (General administrative to the Supreme Court from the Court of Appeals are authority). The Chief Juitice appoints a justice authorized when the case is not within its juris- to the Supreme Court or a judge to the Court of diction; the subject matter has significant public Appeals when the Governor fails to do so. interest; the case involves legal questions of b. Reference Section 5.2.b (state-level admin- major public significance; or the caseload of the istrator). 0 Court of Appeels is such that expeditious adminis- c. The constitution provides for a clerk of the tration requires the transfer. Supreme Court, iebo is appointed by the court to a A direct appeal to the Supreme Court from the 2-year term. It is desirable that the clerk District Court is required in criminal cases in possess a college degree and experience in court which the defendant has been convicted of a Class administration. The clerk plans, organizes, and A or II felony or a sentence with a maximum of life supervises the administration of the office, in- has been imposed, and when a statute of Kansas or cluding the assignment and evaluation of personnel. of the United States has been held unconstitution- He serves as secretary to the Supreme Court Nomi- al. nating Commission and the Commission on Judicial A direct appeal to the Supreme Court may be Qualifications (reference Section 7.1) and also filed as a matter of right by the prosecution from processes bar admission applications and applica- an order dismissing a complaint, information, or tions for court reporter certification. indictment, from an order arresting judgment, or (Const., Art. III, 111, 4; K.S.A. 1120-101, from a question reserved by the prosecution. 20-3009; Office of Judicial Administration] (Const., Art. III, 13; K.S.A. 1120-101a, 1.6 Rule-making. Rule-making authority in Kansas 20-3016, 22-3601, 22-3602, 60-2101] is exercised jointly by the Supreme Court and the

239 til Figure 1:Kansas court system, 1980

SUPRENE COURT 7 justice. Jurisdiction: - Original jurisdiction in proceedings in quo Court of werranto, mandamus, and habeas corpus. laet - Appeals as of right from Court of Appeals resort when constitutional iseues arise for first time ae result of the decieion. - Other appeals by certiorari.

COURT APPEAL'S Class A or11 felonies. 7 judges Intermediate Life imprisonment. Jurisdiction: appellate Conetitutiooal issue. - Appellate jurisdiction not exclusively court designated in Supreme Court.

111 DISTRICT COURT (29)

DISTRICT 00UNT DISTRICT ODURT DISTRICT COURT 70 district judges 67 associate district 74 district magistrate Jurisdiction judge. judges - Original juriedic- Jurisdiction: Jurisdiction: clan In all civil - Concurrent jurtedfc- - Civil action. under and criminal sat- tion with district 45.000. ters. judge except in - Misdemeanors and - Appellate jurisdic- class action matters prliminary hear- Court of tion over Municipal and action in quo ings. general Court and sclmlnis- warranto or mends- jurisdiction trstive boards. mut:. Appeals on the record Appeals de novo. from district magistrate judges in civil cases where record has been msde. Appeals de novo In other casts.

, Jury trials.

MUNICIPAL COURT (369) 1 full-time, 355 part-time judges Court of Jurisdiction: limited - Cases involving violations of city ordi- jurisdiciton nance.. No jury trials.

ItIndicates route of appeal.

A; ,..., 240 legislature. Rules of criminal, civil, and Munici- b. The Judicial Administrator provides the pal Court procedure have been statutorily enacted, Court of Appeals with administrative services as while rules relating to the Supreme Court, Court directed by the Supreme Court. Reference Section of Appeals, District Court, and appellate practice 5.2.b (state-level administrator). have heen promulgated by the Supreme Court. In c. The clerk of the Supreme Court serves also 1963, the legislature granted the Supreme Court the as the clerk of the Court of Appeals and is re- authority to supplement or amend the rules of civil ferred to as "the clerk of the appellate courts." procedure. Similar authority with respect to the Reference Section 1.5.c. rules of criminal procedure was granted in 1970. [K.S.A. 120-3015; S.r.R., No. 1.01, 1.021 The Supreme Court also has administrafive authority 2.6 Rule-makiniL. Reference Section 1.6. The chief over all courts. The Chief Justice is responsible judge, after consultation with other judges of the for executing and implementing the administrative court, is authorized to establish internal operat- rules and policies of the Supreme Court. ing procedures for the orderly handling of the [Const., Art. III, 11; K.S.A. 1120-101, court's business and distribution of work. 22-4601, 60-26071 [S.C.R., No. 1.021

Intermediate Appellate Court Court of General Jurisdiction

2.1 COURT OF APPEALS. Hearings before the court 3.1 DISTRICT COURT. Court terms are determined by sitting en banc are held in Topeka, unless other- the Supreme Court. wise ordered. There are no specified terms of the [S.C.R., No. 101] Court of Appeals. 3.2 Organization. In Kansas, earti county is re- [S.C.R., No. 7.021 quired to have a District Court. The state ie 2.2 Organization.The judges are authorized to sit divided into 29, districts, with from 1 to 7 coun- en baac or in 3-judge panels. The chief judge may ties in each district. The number of judges per sit as member of a panel and presides over that district ranges from 1to 22. Districts with more panel. When he is not a panel member, he appoints than one district judge are divided into divisions. a member of the panel to preside. Hearings are Judges of the District Court are authorized, before panels unless a majority of judges orders with the approval of the Supreme Court, to estab- an appeal or proceedings to be held en banc. Hear- lish specialized divisions of the court% These may ings before panels of the court may be held in any include, but are not limited to, the foll6wing: county of the state. Probate, Traffic, Juvenile, and Domestic Relations [K.S.A. 120-3012; S.C.R., No. 7.02; Judicial Divisions, or sny combination thereof. Administrator] [K.S.A. 3310-202 to 4-230, 20-301, 20-4381 2.3 Jurisdiction 3.3 Jurisdiction a. The Court of Appeals has original jurisdic- a. The District Court has general original tion as is necessary for the complete determination jurisdiction in all matters, both criminal and of any cause on review. civil, unless otherwise provided by law. There are b. The Court of Appeals has jurisdiction to three classes of judges in the District Court: correct, modify, vacate, or reverse any act, order, district and associate district judges have similar or judgment of a District Court. In criminal authority; district magistrate judges are more cases, an appeal may be taken by the defendant as limited in their jurisdiction. The specific juris- a matter of right from any judgment against him in diction of each class of judges is as follows: District Court, except no appeal may be taken by (1) District judge. The district judge has the defendant from a conviction upon a plea of the full judicial power and authoritY of District guilty or nolo contendere (if the plea was to a Court. district or associate district judge), unless taken (2) Associat district judge. An associate on jurisdictional or other grounds involving the drstrict judgeetc'concurrent jurisdiction, powers, legality of the proceedings. As of right, provi- and duties wit a district judge except he does not sional remedies, injunctions, writs, receiverships, have jurisdiction or cognizance of class actions and debatable questions of law may be appealed to or actions in quo warranto or mandamus. An appeal the Court of Appeals. May be taken from an order or decision of an asso- [K.S.A. 1120-3001, 22-3602, 60-2101, 60-21021 ciate district judge in the same manner as from an order or decision of a district judge. 2.4 Jud es (7) , a. The chief judge is designated by and serves - (3) District magistrate judge. A district at the pleasure of the Su Court. magistrate judge has jurisdiction to conduct trials b. Court of Appeals ju e must meet the same of misdemeanor charges and preliminary examinations qualifications as Supreme C t justices. Refer- of felony charges and to hear civil cases where ence Section 1.4.b. the amount in controversy dois not exceed 85,000. c. Court of Appeals judges are selected in the In the absence, disability, or disqualification of same manner as Supreme Court justices. After serv- a district judge or associate district judge, a ing for I year, judge.s are subject to a retention district magistrate judge has jurisdiction to grant vote. If retained, judges serve 4-year terms. a restraining order, appoint a rece(ver, or make Reference Section 1.4.c. any order authorized by K.S.A. 160-1607. [K.S.A. 1120-3002, 20-3007 to 20-30111 b. The District Court has such appellate juris- 2.5' Administration diction as prescribed by law. Any appeal to be a. The chief judge of the Court of Appeals has taken from an order or final decision of a district the administrative authority to designate the num- magistrate judge is tried de novo by a district or ber and composition of all Panels, make judicial associate district judge, except in civil cases assignments, set the time and places for hearings, where a record was made of the proceeding, in which establish internal operating procedures, and per- case the appeal is tried and determined on the form other administrative duties as required. record. The decision of a Municipal Court may be

0 ) 241 4 appealed by right when the accused is found guilty ministrator, wiih the approval of the other dis- of a municipal ordinance violation. A city may trict judges. He appoints bailiffs, court report- appeal the Municipal Court's decision upon ques- ers, secretaries, court serNices officers, and tions of law. Decisions of an administrative other clerical and nonjudicIal employees as needed. board or an officer with quasi-judicial or The administrative judge appoints a chief cierk of judicial powers may be appealed to the District the District Court, and in those districts composed Court. of more than one county, appoints a clerk in each [K.S.A. 1112-4601, 20-301, 20-302, 20-302a, county. In the absence, sickness, or disability 20-302b, 22-3609, 60-2101; 1979 Session Laws, of a District Court judge, and if another judge has Chapter 92; Judicial Administrator) not been assigned to the district by the depart- 3.4 Jud ea. (70 district judges, 67 associate dis- mental justice, a judge pro tem may be appointed trict judges, and 74 district magistrate judges). by the administrative judge or the departmental a. There is no provision for a chief judge over justice. Such judges pro tem must be regularly all the districts of the District Court. The ad- admitted members of the state bar. inistrative judge of each district is appointed The administrative judge supervises the as- by the Supreme Court and serves at the pleasure of signment of cases and the fiscal affairs of the the Supreme Court for 2-year terms. Prior to ap- court. He is responsible for coordinating statis- pointing an administrative judge, the Supreme Court tical and management information and evaluates the solicits recommendations from the district judges. effectiveness of the court's administration of jus- The desires of a judge to serve are also conoid- tice. ered. The administrative judge appoints committees b. District Court judges and associate judges and represents the court in business, administra- must be at least 30 years old and must be autho- tive, or public relations matters. rized to practice law in Kansas. They must also be b. The judicial personnel system provides for residents.of the appropriate judicial districts and trial court administrators for the districts. must have practiced law for at least 5 years. Seven districts have filled the position. It is Associate judges must also be residents of the required that a court administrator possess a col- respective counties in which they erve. A dis- lege degree in court, public, or business adminis- trict magistrate judge must be a high school grad- tration and have previous work experience in an uate or equivalent, must be a rtsident of the admieu4svative capacity. The administrative judge, county in which he serves, and, it not a lawyer, withsith#:approval of the other district judges, must be certified by the Supreme COUrt. appoints the court administrator. His duties in- c. The constitution of Kansas provides for the clude the supervision and coordination of admini.s- election of all three classes of District Court tredve functions and operations of the District judges unless the voters have adopted a merit se- Court, direction of the activities of nonjudicial lection system. In 22 districts, whenever a vacan- 'personnel, and other duties as assigned. Reference cy occurs, a successor is appointed by the Governor Section 5.2.b (state-level administrator). from nominations by a District Judicial Nominating. c. The administrative judge, with the approval Commission (reference Table 12: Characteristics of the majority of the other district judges in the of judicial nominating commissions). After serving district, appoints a chief clerk in those districts 1 year, each judge is then subject to a retention not having court administrator. In judicial e lection in his judicial district. In the seven districts composed of more than one county, a clerk districts that have not approved merit selection is appointed in each of the counties within the of judges, district judges and associate district district by the administrative judge, with the ap- judges are elected on partisan ballots. proval of the majority of the other district judges Elected and retained judges serve 4 Nears. in the district. The statute states that qualifi- Appointed judges serve 1 year and are then subject cations are as prescribed by statute, rule of Dis- to retention by the voters at the next regularly trict Court, and rule of Supreme Court. Clerks scheduled election and every 4 years thereafter. and other personnel have such powers, duties, and [Const., Art. III, 116, 7; K.S.A. 1120-329, functivs as prescribed by law, rules of the Su- 20-334, 20-337, 20-2901, 20-2909, 20-2912, preme Court, or assigned by the administrative 20-2915; Supreme Court Administrative Order No. judge. Clerks are required by law to maintain an 5, dated October 19, 1977; 1979 Annual Report, appearance docket, a journal, and a judgment p. 7; Judicial Administrator] docket. All clerks of the court are required to 3.5 Administration make reports to the Judicial Administrator and a. Whereas there is no chief judge over all the furnish required information. districts of the District Court, the administrative [K.S.A. 1120-162, 20-310a, 20-329, 20-343, judge of each district has general supervisory 20-344, 20-345, 20-349, 60-2601; S.C.R., No. authority over the clerical and administrative 1.03, 107; Office of Judicial Administration) functions of the district. He supervises recruit- 3.6 Rule-making. Reference Section 1.6. Each ment, removal, compensation, and training of non- District Court by action of a majority of its judicial employees of the court. He prepares rules judges may make and amend rules governing its civil and regulations governing personnel matters. He practice not inconsistent with the code of civil is responsible for preparing and submitting the procedure or Supreme Court rules. Such local rules judicial budget to the county commissioners. The must be furnished to the Supreme Court. In addi- administrative judge supervises.the assignment of tion, each District Court, by action of a majority cases and the fiscal affairs of the court. He is of the district judges and after consultation with responsible for coordinating statistical and man- the associate district judges and district magi.- agement information and evaluates the effectiveness trate judges, may issue such rules as necessary for of the court's administration of justice. the administration of the court and the regulation The administratie judge appoints the court and supervision of nonjudicial personnel. Such 4ministrator, in districts that have such an ad- rules must be consistent with applicable statutes and rules of the Supreme Court. 4 242 (1E4S.A. 1120-342, 60-267, 60-2702(a); S.C.R., [K.S.A. ff12-4106, 12-4108; Judicial Adainis- No. 103) trator)

4.6 Rule-makin . If no procedure is provided by Court of Liaited or Special Jurisdiction tatut, the court is authoriied to proceed in any lawful manner. 4.1 MUNICIPAL COURT. Municipal Court is held at [K.S.A. 112-4103) uch times as designated by city ordinance. [K.S.A. 112-4109) State-Level Administration 4.2 Organization. Municipal Court is held at such places as designated by city ordinance. Provision 5.1 General administrative authority. The Supreme is made for first class cities with populations of Court has general administrative authority over all 100,000 or more to have a total of three divisions. courts in the state. [K.S.A. 5f12-4109, 13-628a) a. Chief Justice. -The Chief Justice is the 4.3 Jurisdiction spokesman for the Supreme Court and exercises the a. The Manicipal Court of each city has juris- court's general administrative aUthority over all diction to hear and determine cases involving vio- the courts. Reference Section 1.5.a. lations of city ordinances and trials without b. Departmental justices. Under the provisions juries. Search warrants may not be issued by Mu- of the Judicial Department Reform Act of 1965, the nicipal Court judges. Supreme Court divided the state into six sections, b. The Municipal Court has no appellate juris- known as judicial departments. Specifio depart- diction. mental divisions are contained in S.C.R., No. [K.S.A. 112-4104) 1.03(f); K.S.A. 160-2701(a). A justice of the 4.4 Judges (356). There is only 1 full-time judge. Supreme Court is assigned as departmental justice Several cities have more than one part-time judge for each department. Departmental justices are and several judges serve more than one city. responsible for administrative activities within a. The individual Municipal Courts do not have their departments. They assign judges between -presidia: judos. districts and meet periodically with their judges b. Municipal Court judges must be 18 years old. to deal with administrative matters. In first class cities, they must also be attorneys, [Const., Art. III, fl; K.S.k 5520-101, admitted to practice in Kansas. In all but first 20-318; Judicial Administrator) class cities with a mayor/council government, the 5.2 Office of Judicial Administration tatutes require the judge to be a resident of the a. The Office of Judicial Administration is state. inferred by the statute creating the position of c. There are statutory provisions'relating to Judicial Administrator. selection procedures for Municipal Court judges. b. Judicial Administrator Cities enjoy constitutional home rule power, how- (1) The Kansas statutes authorize te ap- ever, which permits them to modify state statutes pointment of the Judicial Administrator. that are not uniformly applicable. In most cities, (2) The Judicial Administrator m st be ad- the judge is appointed by the mayor with the ap- mitted to the practice of law in Kansas,- must have proval of the legislative body. Judges in cities a broad knowledge of judicial administration, and with a population of 60,000 or more are appointed must have substantial prior experience in an admin- for 2-year terms or until a successor is appointed istrative capacity. The Judicial Administrator is and qualified. Judges appointed in first class appointed by the Chief Justice. cities with population less than 60,000, or in (3) The Judicial Administrator is respon- second class cities with a commission government sible to the Supreme Court and implements the pol- have terms set by ordinance. Judges in second icies of the court with respect to the operation class cities with a mayor/council government and and administration of the courts, under the superin third class cities are appointed for 1-year vision of the Chief Justice. He assists the Su- terms. preme Court in fiscal management and the assignment [Const., Art. XII, 15; K.S.A. ff12-4105, of judges, and coordinates educational programs for 13-2102, 13-527, 13-628a, 13-628b, 14-201, all court personnel. He studies the administrative 14-204, 14-205, 14-1501, 14-1502, 14-1601, and clerical methods of the District Court, ex- 15-204, 15-209; Judicial Administrator) amines their dockets, collects statistics, approves 4.5 Administration vouchers drawn on appropriations, and recoamends a. There are no provisions for presiding judges appropriations for District Court operations that for the individual Municipal Courts. The sanicipal are paid by the state. judges are required to maintain a docket to show c. Office organization. The Office of Judicial the full proceedings in each case. In cities with- Administration consists of 25 people: 12 profes- out clerks, the judges are responsible for clerical sionals (including the Judicial Administrator) and and financial details. 13 clerical personnel. The professional staff b. There are no provisions for administrators provides support services in the following areas: for the individual Municipal Courts. Reference systems analysis, records management, and forms Section 5.2.b (state7level administrator). development; probation coordination, court c. In cities providing for the office of clerk, coordination, and other court ervices; payroll, the clerks are appointed by the Municipal Court accounting, budgeting, and purchasing; education; judges. In practice, the clerks are responsible personnel systems and office management; legisla- for overseeing the court's clerical functions. tive, executive, public, and media information, There are wide variances in their autonomy and legislative liaison, and executive liaison; and independence in other matters (e.g., preparing planning and research activities including tatis- budgets, personnel matters). There are no formal tical compilation, research, evaluation, statisti- provisions for assigning administrative duties to cal analysis, legal services, and legislative the clerks. drafting. Under the supervision of the Chief Jug-.

243 go Figure 2: Kansas state-level administrative office of the courts, 1980

i Judicial Adedni s

Assistant dulaistrative Director Judicial Secretary of Seal Op aaaaa ono

Personnel TAal Training Court Technician Specialist Persosnel Fiscal Officer Officer

Cenci S Services Information Specialist Officer Personnel Personnel Chief Accounting Technician Technician Accountant Technician - - _ - 111 111=LEr Secretary S P Personnel Accounting I Clerk Clerk II Clerk 502 Storekeeper Clerk -

Systems Clerk Analyst 502

i tice, office employees are appointed by the Judi- 7.2 Authority and procedure for sanction. The color cial Administrator. mission initiates a preliminary investigation upon (K.S.A. II20-101, 20-31S, 20-2205. 1.C.1., No. receiving a complaint of judicial misconduct. The 1.03(c); 1979 Session Laws, Ch. 81 Office of judge is advised of the investigation and may pre- Judicial Administration) sent information to the commission. If the investigation finds cause, the commission convenes a Quasi-Judicial Officers formal hearing. Supreme Court rules specify rights of the judge and procedures to be followed. If the 6.0 There are no quasi-judicial officers in the commission finds the charges proven, it recommends courts of Kansas. to the Supreme Court the discipline, suspension, removal, or compulsory retirement of the judge. Judicial Discipline All commission proceedings and records are confidential until disclosed by the commission or are 7.1 Commission on Judicial Qualifications. The part of a formal hearing open to the public. After commission consists of nine members including four review of the matter, the Supreme Court may take ,active or retired judges, two nonlawyers, and three such action as it deems appropriate. lawyers, all are appointed by the Supreme Court. (8.C.1., No. 602 to No. 625; Judicial (S.C.R., No. 602) Administrator)

245 Figure 1:Kentucky court system, 1980

SUPREME COURT 7 justices Jurisdiction: - Direct appeals on judgment of death, life en.mmommp imprisonment, or imprisonment for over 20 yesrs. last - Motions to transfer from Court of Appeals rsOrt for causes of great snd immediate importance. - Discretionary review of Court of Appeals decisions.

Death COURT OF APPEALS sentence or 14 judge. imprisonment for Jurisdiction: InterMediete over 20 years. - Appeals se a matter of right on judgments appellate of the Circuit Court. court - Review of administrative agency decisions.

CIRCUIT COURT (56) 91 judges Jurisdiction: la - All justiciable cases not vested in SOW iCourt of other court. general - Civil actions over $1,500. Equity =titre. jurisdiction - Felony and capital cases. Appeals on the record. Jury trials.

1, DISTRICT COURT (56) 123 judges

DISTRICT COUR' SMALL CLAIMS DIVISION Juriscliction: Jurisdiction: - Exclusive jurisdiction in civil cases in- Small claims under volving $1,500 or less, provided the case $1,000. does not involve equity or title to real state. Small claims up to $1,000. Uncon- Court of tested probate matters within the xclu- limited . sive jurisdiction of the District Court. jurisdiction - Exclusive jurisdiction in misdemeanor cases facet, where the charge im joined with an indictment for felony. Ordin- ance violations and preliminary hearings. - Juvenile matters. - Authorized to adjudicate local administrative cases. Jury triads.

ltIndicates route of appeal.

A- ,

246 KENTUCKY

Court of Last Resort Iauthority). In regard o the Supreme Court, the Chief Justice signs orders of the court and ap- 1.1 SUPREME COURT. The Supreme Court sits at points administrative assistants. Frankfort, the state capital, for one term each b. Reference Section 5.2.b (state-level admin- year commencing on the first juridical day of Jan- istrator). uary and ending on the last juridical day of De- c. The clerk of the Supreme Court is appointed cember. bythe court. He is responsible for maintaining (Rules of the Supreme Court (hereinafter court records and supervising deputies in that S.C.R.) 1.0201 function. 1.2 Organization. The Supreme Court does not sit (Const. 61110, 114; K.R.S 662.1A.030, 27A.050; in panels. There are seven districts for election S.C.R.1.020;Director of the Administrative purposes. Office of the Courts) (Constitution SectiOns 110, 1171 1.6 Rule-making. The Supreme Court has the power 1.3 Jurisdiction to prescribe rules governing is appellate juris- a. The Supreme Court has no original jurisdic- diction, rules for the appointment ommissionors tion other than the power to issue all writs neces- and other court personnel, and rules of practice sary is the aid of its appellate jurisdiction or and procedure for the court system. The policy- the complete determination of any cause, or as may making and administrative authority of the court be required to exercise control.of the entire court system is vested in the Supreme Court and the Chief system. Justice. b. The constitution provides that appeals from (Const. 6116; S.C.R.-1.0101 Circuit Court judgments imposing a sentence of death or imprisonment for 20 or more years shall Intermediate Appellate Court be taken directly to the Supreme Court. The extent of its remaining appellate jurisdiction is deter- 2.1 COURT OF APPEALS. Panels of the court sit at mined by court rule. various locations injhe state prescribed by the (Const. 6110) court. The court also determines when the panels 1.4 Justices (7) sit. a. The Chief Justice is elected to a (Const. 6111) term by peer vote. 2.2 Organization. Statewide uniform jurisdiction b. Supreme Court justices must be Un ates is exercised by the Court of Appeals. The 14-judge citizens, must have been residents of Ken and court is divided by the chief judge into panels of the districts from which they are elected or at not less than three judges. Decisions are by ma- least 2 years. Justices must also haye been li- jority vote. censed attorneys for at least 8 years before (Const. 6111) election. 2.3 Jurisdiction c. Supreme Court justices are elected to 8-year a. The Court of Appeals may issue all writs terms from their respective districts on nonparti- necessary in aid of its appellate jurisdiction or san ballots. If a vacancy occurs, the Judicial in'aid of the complete determination of any cause Nominating Commission (reference Table 12: Char- within its appellate jurisdiction. acteristics of judicial nominating commissions) sub- b. The constitution specifies that the court's mits a list of three names to the Governor. If he appellate jurisdiction shall be as provided by law. fails to make an appointment within 60 days, the An appeal may be taken as a matter of right to the appointment is made from the same list by the Chief Court of Appeals from aft conviction, final judg- Justice. Appointees serve until the next general ment, order, or decree a the Circuit Court, unless election, unless their appointment is made within such actions were rendered on an appeal from the 3 months thereof. In that case, they serve until District Court. An appeal may be taken to the the second succeeding general election. Court of Appeals by the state in criminal cases (Const. 11110, 117, 118, 122, 152; Kentucky from an adverse decision or ruling of the Circuit Revised Statutes (hereinafter K.R.S.) Section Court, but only under certain circumstances as 34.0301 specified in the statutes and court rules. No re- 1.5 Administration view by appeal or by writ of certiorari is permit- a. The power of general supervision of the ted from a Circuit Court order dissolving a our- court system is vested in the Chief Justice. He riage. The Court of Appeals may review interlocu- exercises administration and supervison over the tory orders of the Circuit Court in civil cases, entire court system through the Director of the Ad- but only as authorized by Supreme Court rules. ministrative Office, chief judges, regional admin- Authorization has been granted and procedures istrative ludges, and administrative assistants. established by the Supreme Court. Referenc Section 5.1 (General administrative (Const. 6111; K.R.S. 622A.020; S.C.R. 65.07)

247 2.4 Judges (14) certification of the necessity by the Supreme a. The chief judge is elected to a 4-year term Court. by peer vote. a. There is no provision for a chief judge over b. Court of Appeals judges must meet the same all the circuits of the Circuit Court. Chief judges qualifications as Supreme Court ustices. Refer- of multi-judge Circuit Courts are chosen by peer ence Section 1.4.b. vote and serve 2-year terms. Circuit Court judges c. Court of Appeals judges are elected in the in 10 administrative regions select an administra- same manner and for the same term as Supreme Court tive judge for each region. justices. Reference Section 1.4.c. b. Circuit Court judges must be United States [Const. 1111] citizens, must be members of the Kentucky Bar, must 2.5 Administration have been residents of Kentucky and the districts a. The chief judge exercises such authority and from which elected for at least 2 years, and must performs such duties in the administration of the possess 8 years of experience as attorneys. court as prescribed by the constitution or the Su- c. Circuit. Court pdges are elected in the same preme Court. The chief judge assigns case: to the manner and for the same term as Supreme Court jus- panels and determines the times and places for tices. Reference Section 1.4.c. holding hearings. He also assigns judges to the [Const. 55112, 117 to 119, 1221 panels. Their assignment@ are rotated in such a 3.5 Administration manner that over the course of each year each judge a. Whereas there is no provision for a chief sits with each of the other judges, other than the judge over all the circuits of the Circuit Court, chief judge, with substantially the same frequency. there are chief judges for the individual courts. Other than the chief judge, all judges are assigned Duties of the chief judges of the multi-judge Cir- to sit in each appellate district with substantial- cuit Courts are prescribed by the Supreme Court. ly the same frequency as each of the other judges. The chief judges prepare local court rules, as The chief judge designate@ presiding judges for deemed necessary, with the assistance of appropri- each panel. If a proposed panel decision is in mmittees. Tentative approval of such rules conflict with another panel's decision on the n solicited from a majority of the circuit subject, the chief judge may reassign the case rior to their submission to the local bar the entire court. The chief judge appo deration and recommendation. The circuit judge pro tem to serve during his abse n recommend the rules to the Supreme b. There are no provisions for an& rt f r its review and final approval. The chief for the Court of Appeals. Reference dges also perform the following duties: (state-level administrator). (1) Assign the business of the court and c. At present the clerk of the Supreme Court publish for general distribution copies of,a cur- serves as clerk of the Court of Appeals. Reference rent court calendar setting forth the assignments Section 1.5.c. He is appointed by the court and of the judges, the times and places assigned for serves at its pleasure.He appoi4s assistants in hearing the various types of court business, and the number and at the salaries fixed by the Supreme any special calendaring requirements adopted by the Court. court for such hearings. [Const. 1111, 114; K.R.S. 122A.040; S.C.R. (2) Reassign cases from one judge to another 1.030; Director of the Administrative Office as necessary. of the Courts] (3) Call meetings of judges as necessary. 2.6 Rule-making. Procedural rule-making authority (4) Supervise the administrative business is vested in the Supreme Court. Certain adminis- of the courts and exercise general direction and trative rules for the Court of Appeal@ have been supervision over the courts nonjudicial personnel. promulgated by the Supreme Court. These rules ad- - '. (5) Provide for proper liaison between the dress such matters as nonjudicial personnel ap- courts and other governmental and civil agencies. pointments, case assignments, and judge rotation- (6) When appropriate, meet with any commit- among others. tee of the bench, bar, and news media to review

[Const. 1116; S.C.R. 1.0301 - problems and to promote understanding of the principles of fair trial and free press. Court of General Jurisdiction (7) Provide orientation programs for newly elected or appointed judges. 3.1 CIRCUIT COURT. The court sits in continuous (8) Regulate the assignment of cases to the session. judges on a random basis. [K.R.S. 123A.010] The chief judges of the Circuit Courts also 3.2 Organization. Each of the state's 56 judicial develop and coordinate with the Circuit Court circuits contains from 1 to 4 of the state's 120 clerks and the chief judges of the districts a counties. Circuit boundaries must follow county local plan for jury management.They chair the lines. Court must be held in each county of the advisory board for the pretrial services agency and circuit. There are no specialized divisions of the submit improvement recommendation@ as appropriate. court. The 10 regional administrative judges super- [Const. 1112; K.R.S. 123A.0201 vise the regional administrative activities and 3.3 Jurisdiction exercise the judicial assignment authority delegat- a. The Circuit Court has original jurisdiction ed to them by the Chief Justice. Each administra- in all justiciable causes not exclusively vested tive judge is assisted by a regional coordinator in some other court. who is based in the state capital. The coordina- b. The Circuit Court has appellate jurisdiction tors advise the administrative judges on judicial over District Court decisions. transfers required due to case overloads and dis- [K.R.S. 1123A.010, 23A.0150] qualifications. The coordinators also promote, at 3.4 Judges (91). The specific number of judges in the direction of the administrative judges, the each circuit is authorized by the legislature upon standardization of procedures in each of the re-

248 or.,. 4' k-0 gions' courts through regular meetings of the re- b. The District Court has no appellate juris- gions' judges. diction. b. There are no provisions for an administrator [K.R.S. SS24A.110, 24A.120, S24A.130; Director of the Administrative Office of the Courts) over all the circuits of the CircuitCourt, or for administrators for the individual circuits. Refer- 4.4 Judges (123). The number of District Court ence Section 5.2.b (state-level administratoxie judges is authorized by the General Assembly upon c. Circuit Court clerks ateauthorized by the certification by the Supreme Court. constitution to serve both the Circuit and District a. Chief judges are chosen by peer voteand serve 2-year terms. Courts. The clerks are elected to 6-year terns and b. District Court judges must be United States can be removed fros officeby the Supreme Court for citizens, must be members of the Kentucky Bar, and good caUse. They can issue driver's licenses and must have been residents of Kentucky and the dis- passports. In [Const. SS97, 112, 114; S..C.R. 1.040; Director trict from which elected for at least 2 years. of the Administrative Office of the Courts] addition, judges are required to have served as 3.6 Rule-eakins. Rule-Isaking authority is vested attorneys for at least 2 years. elected to 4-year in the Supreme Court. Circuit Courts may adopt c. District Court judges are local rules, however, that are consistent with the terms in the same manner as Supreme Court justices. Rules of Criminal and Civil Procedure and the Rules Reference Section 1.4.c. [Const. SS111 to 113, 117 to 119, 122) of the Supreme Court. Such rules are prepared by each chief judge with the assistance of appropriate 4.5 Administration a. Duties of the chief judges sre the same as committees of the court. Recommendations are so- Reference Section licited from the local bar.Upon approval by a those for Circuit Court judges. majority of the court's judges, the rules are sub- 3.5.a. mitted to the Supreme Court for review andfinal b. There are no provisions for administrators Reference Section 5.2.b approval prior to publication. These same proce- for the District Court. dures are also applicable to the District Courts. (state-level administrator). [Const. S116; S.C.R. 1.040) c. Clerks of the Circuit Court also serve as clerks of the District Court. Reference Section Court of Limited or Special Jurisdiction 3.5.c. [Const. S114; K.R.S. S30A.0101 Reference Section 3.6. 4.1 DISTRICT COURT.The District Court is classi- 4.6 Rule-making. fied as a court of continuous session. Sessions of the court can be scheduled at such times,including State-Level Administration nishts, weekends, and holidays, as may be conve- The power nient subject to the direction of the Supreme 5.1 General administrative authority. of general supervision over the court system is Court. The Chief Justice can [K.R.S. S24A.010) vested in the Chief Justice. assign temporarily any justice or judge, aCtive or 4.2 Organization. There are 56 judicial districts, whose boundaries are the same as those of the ju- retired, td sit in any court other than the Supreme Court when he deems such assignment necessary for dicial circuits. The General Assembly can reduce, His assignment increase, or rearrange the districts upon the cer- the prompt disposition of causes. tification of such necessity by the Supreme Court. authority over nonjudicial personnel is similar. Each district must have at least one judge and The Chief Justice is responsible for the financial court must be held in each county of thedistrict. affairs, the continuing education programs, and the The chief judge can assign a district Judge exclu- planning and operations research of the courts. sively to juvenile cases for a period not to exceed Supervision of the administrative staff of the court system is performed by the Chief Justice. 2 years. At that time, the judge must be assigned He may delegate the authoilty to the Director of to other cases. Cases arising in all other juris- The Chief dictional categories must be equally apportioned the Administrative Office of the Courts. Justice may designate judges or committees of among the district judges. Each District Court has judges to assist him, as necessary. Reference a Small Claims Division. [Const. S113; K.R.S. SS24A.030, 24A.220; S.C.R. Section 1.5.a. [Const. S110; K.R.S. SS27A.020, 30A.010) 1.040) 5.2 Administrative Office of the Courts 4.3 Jurisdiction a. The District Court has exclusivejurisdic- a. The office is established by statute. tion in any charge or public offense known as a b. Administrative Director of the Courts misdemeanor or violation, except where the charge (1) Statutes formally establish the position is joined with an indictment for a felony. The of Director. (2) The Administrative Director of the court has concurrent jurisdiction withthe Circuit Court to conduct preliminary exaninations infelony Courts ieappointed or reappointed at least every 4 years by the Chief Justice with the advice and cases. They may also, upon motion and good cause shown, reduce a charge of a felony to amisdemeanor consent of the Senate. Court policy requires that in accordance with the Rules of CriminalProcedure. the Director be a lawyer with at least 8 years of The The District Court has exclusive jurisdiction in experience and be at least 35 years of age. civil cases involving $1,500 or less, providedthe Director must also possess prior admintstr case does not involve equity or title toreal experience in the courts and legal profession. (3) The Administrative Director of the estate. Each court has a Small Claims Division with jurisdiction up to $1,000. Noncontested pro- Courts has the following duties: bete matters are within the exclusive jurisdiction (a) Performs administrative services for the court system and supervises its clerical of the District Court. All cases relating to mi- and administrative personnel, and its accommoda- nors are within the exclusivejurisdiction of the District Court. tions.

( 249 4., Figure 2:Kentucky state-level administrative office of the courts, 1980

Director

Secretarial Services

I.egel Public Counsel Information

1 Division f Division of I.:vision of Division of Division of Division of Cleft Regional Sducation Auditing Administrative Pretrial _ farvicma Se-micas- Services Services

Lnformation/ Lau Library Statistics (Jefferson County)

Dots eta Processing (A.D.C.) (Payette Accounting/ Scrtarial County) Personnel Purchasing Support 1:

250 (b) Acts as fiscal officer of the court maintains and distributes library materials and periodicals for the courts and provides technical system. (c) Collects data and makes reports to assistance to local law libraries. the Supreme Court relating io the expenditure of (K.R.S. SS27A.020, 27A.050; S.C.R. 1.050; public onies for the courts' operation and main- State Court Administrators, p. 50; 1977 Annual tenance. Report, p. 57; Director of the Administrative (d) Ascertains the necessity for tem- Office of the Courts) porary assignment of justices and judges, makes reports concerning their performance, and certifies Quasi-Judicial Officers their qmspensation. (e) Carries on a continuous survey and 6.1.1 CIRCUIT COURT study of the organization, operation, and condition 6.2.1 Master commissioner, domestic relations com- of business, practice, and procedures of the sys- missioner, special commissioner, and receiver. a. The circuit judges of the commonwealth are tem. (f) Collects and compiles statistical assisted in their duties by master commissioners, and other data concerning the operations of the domestic relations commissioners, special commis- court, and requires all necessary reports from the sioners, and receivers.All such officers must be The Circuit Court may ap- courts and clerks. qualified as attorneys. (g) Formulates and submits to the Su- point one master commissioner and one receiver for preme Court recommendations of policies for the each county. Additional commissioners and receiv- system's improvement. ers must be approved by the Chief Justice. (h) Provides for educational programs b. The order of reference to a commissioner may He can administer for the system's members. specify or limit his powers. (i) Reports to the General Assembly oaths and can require the production of evidence. concerning the work of the system and makes recom- The admissability of evidence can also be ruled mendations for the improvement of the administra- upon by the commissioner. The commissioner's re- Parties have tion of justice. port is filed with the court clerk. (j) Supervises, operates, and adminis- 10 days to file objections.The court after hear- ters all pretrial release programs and personnel. ing may adopt, modify, or reject the report in part (k) Performs such other functions as or whole, or may receive further evidence, or may may be assigned by the Chief Justice. recommit it with instructions. [K.R.S. S31A.010; Rules of Civil Procedure 53, c. Office organization. The Administrative Cffice of Courts corsists of 92.5 people: 51.5 53.04, 53.05, 53.06; Director of the professionals (intruding the Administrative Direc- Administrative Office of the Courts] tor of the Courts) and 41 clerical personnel. The professional staff provides support services in the 6.1.2 DISTRICT COURT following areas: systems analysis, programming, 6.2.2 Trial commissioner computer operations, records management, formsde- a. The constitution provides that district velopment, and field representation; court coor- judges are to be assisted by trial commissioners. dination, pretrial services, and facilities manage In any county in which no district judge resides ment; payroll, accounting, auditing, budgeting, and the chief district judge appoints a trial commis- purchasing; education, training, libraries, and sioner /ho must be a county resident and an attor- publication; personnel systems, office management ney, ifrone is qualified and available. Other commissioners can be appointed upon the certifica- and personnel records; legislative,,executive, public, and media information, and legislative liai- tion of such necessity by the Supreme Court. son; and planning and research activitiesincluding b. The duties and powers of the commissioners They can is- statistical compilation, research, evaluation, are prescribed by the Supreme Court. They statistical anslysis, legal services, legislative sue search warrants and warrants of arrest. defendant to drafting and regional planning. may examine any charge and commit the The office was statutorily created to serve as jail or hold him to bail wother form of pretrial the staff for the Chief Justice in executing the release. If a guilty plea for any offense punish- policiei and programs of the court system. The able only by fine of $500 or less is offeetd, the commissioner can accept it and impose sentence. office I. composed of 7 diviiions: Regional Ser- vices, Clerk Services, Administrative Services, In juvenile cases, the commissioner can perform the Education, Pretrial Service's, Internal Audit, and following duties: (I) Iiar and determine if shildren in cum- the State Law Library. The Division of Clerk Ser- vices has the responsibility for records and court ,-dylshoufd he held in detention.. (2) ConduC-t preliminary inquIrles, informal- management. The Division of Administrative Ser- vices supervises the judicial personnel system and ly adjust juvenile cases, and cause juvenile peti- I. also responsible for all budgetary and fiscal tions to be-broulibt. (3) Order physical and mental examinations matters. The Division of Regional Services has re- ponsibility for regional administration, collec- of children. tion of statistical data, and data processing. The (4) Issue orders for the temporary custody Division of Pretrial Services supervises a stateof children whose welfare is threatened under emer- wide pretrial release program. The Education Divi- gency conditions. sion provides continuing education programs forthe In probate matters, the commissioner can admit to record or reject any will, can appoint courts' judges and clerks. The Internal Audit Di- vision conducts ongoing audit services within the executors and administrators of wills and estates, In civ- court system, including all clerks' offices, and and can fix and approve bonds as required. indepth audit reviews where determined to be il proceedings, he can authorize orders of attachment and garnishment and writs of possession. He necessary and appropriate. The State Law Library

,, 251 ' may also conduct judicial sales if so authorized written verified complaint, the commission makes a by the chief judge of ths district. Writs of for- preliminary investigation to determine whether cible entry and detainer and warrants of restitu- formal proceedings should be initiated. Notice of tion can aleo be issued by a commissioner. He may the investigation is given to the judge, but he is issue orders of involuntary hospitalization of the not yet informed of the name of the complainant. mentally ill for periods not exceeding 7 days. The judge can appear informally at the preliminary Finally, he can compel the attendance of witnesses investigation. If the commission concludes that and the production of evidence. The chief district formal proceedings are necessary, the judge and his judge can temporarily assign a commissioner to an- counsel are so notified. They are also told the other county within the district. Commissioners name of the complainant and are given an opportun- are subject to the retirement and removal authority to examine all factual information before the ity of the Judicial Retirement and Removal Commis- commission. The judge has 15 days to file an an- sion. swer. Formal hearings require the attendance of (Const. 1113; S.C.R. 51 at least five of the commission's six members. Disciplinary action requires a minimum of four Judicial Discipline votes. All matters relating to commission proceedings are confidential unless ordered otherwise by 7.1 Judicial Retirement and Removal Commission. the Supreme Court or the commission. Upon the re- The commisrion is composed of a Court of Appeals quest of the judge being investigated, the record judge, selected by that court; one Circuit Court can also be made public. Breach of confidentiality judge and one District Court judge, selected by a by an Investigator or commission member is deemed majority vote of the judges of those courts, re- contempt of court and grounds for removal of a com- spectively; one member of the bar, appointed by its missioner. In general, the Rules of Civil Proce- governing body; and two persons, not members of the dure apply to commission proceedings except that bar or bench, appointed by the Governor. proof is by clear and convincing evidence. Final (Const. 11211 orders of the commission can be appealed to the 7.2 Authority and procedure for sanction. Any jus- Supreme Court. Notice thereof must be filed within tice or judge of the court of justice can be re- 10 days. The Supreme Court has the power to af- tired for disability or suspended without pay or firm, modify, or set aside in whole or in part the removed for good cause by the commission. Such ac- order of the commission or to remand the action to tions ere subject to judicial review by the Supreme the commission for further proceedings. Court. Upon its own motion or upon receiving a (Const. 1121; K.R.S. S34.330; S.C.R. 4.000 to 4.3001

252 LOUISIANA

Court of Last Resort 1.5 Administration a. The Supreme Court has generalsupervisory jurisdiction over all courts in the state. It 1.1 SUPRIMI COURT. Sessions of the court are held exercises administration and supervision over the at New Orleans. Dates and hour. of court sessions are determined by the court and noted on thecalen- entire court system through the Chief Justice, who is the chief administrative officer of the state dar of hearings. [Supreme Court lule (hereinafter S.C.R.) IV] judicial system; the chief judges of the Court of Appeal; the chief judges of the District Court; and 1.2 Organisation. The state is divided into six Family Supreme Court districts for election purposes. the presiding judges of the Juvenile Court, Rath district elects one justice, except for one Court, and City Court. Reference Section 5.1 (Gen- The Chief Justice, district that elects two. The court does not sit eral administrative authority). in panell,or divisions. however, has no specifically articulated duties [CodPitution Article 5, Section 4; Title 13 with regard to the administration of the Supreme Louisiana Statutes Annotated--Revised Statutes Court. (hereinafter L.R.S.A. preceded by title b. Reference Section 5.2.b (state-level number), 11011 administrator). c. One clerk and one deputy clerk areappointed 1.3 Jurisdiction There a. The Suprema Court has exclusiveoriginal by and serve at the pleasure of the court. adminitra-f jurisdiction in disciplinary proceedings against are no formal provisions for assigning He supervises his own meubers of the bar. 1 tive duties to the clerk. b. A case is directly appealable to the Supreme office personnel and has responsibilities as deter- Court if a law or ordinance has been declared un- mined by the court. constitutional, or if a defendant has been convic- [Const., Art. 5, 115, 6, 7; 13 L.R.S.A. 1121; ted of a felony, or if a fine exceeding $500 or Judicial Administrator] imprisonment exceeding 6 months has actually been 1.6 Rule-uakin . The court is constitutionally empowered to establish procedural rules for the imposed. In criminal matters, the court's jurisdiction extends only to questions of law. The entire court system provided they do not conflict The Supreme Court also has the authority court has appellate jurisdiction over allissues with law. involved in a civil action properly before it, and to establish administrative rules that do not con- in those cases its jurisdiction extends to both law flict with law. and facts. In general, civil matters from the [Const., Art. 5, 15] trial courts are appealed to the intermediate ap-)/ pellate court. Further eee iqw by the Supreme Cou'rt Intermediate Appellate Court is at its discretion. Each justice of the court The court sits in Baton has the power to issue extraordinary writs subject 2.1 COURT OF APPIAL. to review by the whole court. The intermediate Rouge, Shreveport, Lake Charles, and New Orleans appellate court may certify any question of law for a term coterminous with the calendar year. before it to the Supreme Court. That court may [13 L.R.S.A. 11312, 312.1; Judicial Administra- then give its binding instruction or decide the tor] The state is divided into four case upon the whole record. 2.2 Organization. Rath C4r- [Const., Art. 5, 112, 5, 10, 11; S.C.L. X] circuits with a court in each circuit. cuit is divided into at least three districts,seith 1.4 Justices (7) a. The justice most senior in serviceis desig- at least one judge elected from each district. nated the Chief Justice. He remains in this role Panels of at least three judges are constitutional- as long as he serves on the court. ly mandated. Rath court ordinarily sits in rotat- b. Supreme Court justices must have been admit- ing panels composed of three judges as may be di- ted to the state bar for at least 5 years prior to rected by the chief judge. In exceptional cameo by the election. All justices and judges must have lived or when deemed necessary or expedient in their respective districts, circuits, or judges, the court may sit in panels of more than To modify or eeeee se a parishes for 2 years preceding their election. three jqdges or en banc. c. Supreme Court'justicem are elected to10- District Court judgment, the vote of a 3-judge (Generally a majority year terms in nonpartilan elections.Vacancies are panel must be unanimous. filled by special election called by the Governor voce of the panel is sufficient.)If one judge and held within 6 months. Pending the election, dissents, the ease must be reargued before a panel the vacancy is filled by Supreme Court appointment. of at least five judges. Court Such appointees are ineligible for election to fill [Const., Art. 5, 118, 9; Uniform Rules: the vacaecy. of Appeal (hereinafter U.R.C.A.), V] [Const., Art. 5, 113, 6, 22, 24; National 2.3 Jurisdiction issue extraordi- Survey of Court Organization, p. 147; Judicial a. Court of Appeal judges may Administrated nary writs subject to w by the other judges of

253 f) v 4.. Figure 1:Louisiana court system, 1980

SUPRRIC COURT 7 justice. Jurisdiction Court of - Appeals in criminal cases with fine. greater than $500, sliummumv lset enigma greater than 6 months, civil cases, and con- rellort atitutionality of ordinance or .tatuta.

Civil

COURT or APPEAL (4) 33 judgee Jurisdiction Intermediate - Civil appeals only. Appeal. from Family and Juvenile appellate Court. Court

Criminal Civil

DISTRICT COURT (41) 161 judge. Jurisdiction Civil matter. - Original civil jurisdiction. Exclusive real property, greater election, probate, civil right., and receivership 0=Cr1m1 nall$ Court of than $100. jurisdiction. general Original criminal Jurisdiction.Exclueive felony jurisdiction jurisdiction. Fines greater Appeal. de novo and on record. than $500, Jury trial.. aentence. greater than 6 months.

Civil and Civil matter. less than $100. juvenile. Fines les. than $500, .entences less than 6 months.

OM. EAST RATON ROUGE JUVENILE COURT (3) illTRAFFIC COURT OF FAMILY COURT '9 judge. NEW ORLEANS 3 judges: Jurisdiction: 4 part-time judge. Jurisdiction: (Caddo, Jefferson, and Orleans Parishe.) Jurisdiction: - Adoption, non- - Desertion, non-support, and adoption. Municipal ordinances, support, deser- - Adult crimes against juvenile, not and traffic violation.. tion, separa- punishable by death or hard labor. No jury trials. tion, and - Neglect and delinquency matters. divorce actions. - Proceedinga concerning the Uniform - Adult crime. Reciprocal Enforcement of Support Act, MUNICIPAL COURT OF against juve- including paternity. NEW ORLEANS niles not 001 4 part-time judge. puni.hable by Jurisdiction. death or hard CITY COURT (49) - City ordinance viola- labor. 11 full-time judges, 49 part-time judges tions except traffic. Neglect and Jurisdiction. - Violations of @tate delinquency - Civil varie. from les. than $100 to tatute not triable by matter.. lass than $3,000. %tall ciaime up to jury and not involv- $750. ing traffic natters. - Criminal not punishable bythard labor. No Jury trials. Courts of Prliminary hearings. limited No jury trial.. jurisdiction MAYOR'S COURT (250) 250 part-time judges limmlPARISH COURT (3) Jurisdiction 5 judges - Municipal ordinance Juriodiction. violatione. - Civil ectlon. under $5,000. No jury trials. Crimenal not punishable by hard labor. No,l;Jry trial..

JUSTICE OF NE PEACE COURT (376) 376 part-time justices of the peace Juri.diction: - Civil actions under $750. - Cosedtting maglatrate in non-catiltal cases not nec SSSSS ily punishable by hard labor. tib jury trial.. MEMMIL

11 Indicates route of appeal.

254 their court. (reference Sections 6.2.3 and 6.2.4 Quasi-Judicial, b. Each Court of Appeal has appeate jurisdic- Officers).The Civil District Court of Orleans tion over all civil matters decided within its parish is mandated by statute to create by court circuit and over matters appealed from Family and rule-a Domestic Relations Section of not les. than Juvenile Courta, except criminal prosecutions of two judges. persons other than juveniles. Each court has (13 L.R.S.A. 11502, 1138; Criminal District supervisory jurisdiction over cam in which an Court Rule. III, IV; 1979 Session. Laws, Act appeal may be taken to it. In general, the court's 460; Judicial Administrator) jurisdiction xtends to law and facts. Civil ap- 3.3 Jurisdiction peals from the City and Parish Courts are heard by a. The District Court has original jurisdiction the Court of Appeal. The Court of Appeal doe. not in all criminal and civil matters. It has xclu- have appellate jurisdiction over adult criminal sive original jurisdiction in felony cases and in matters. cases involving the following: title to immovable (Const., Art. 5, 112, 10; Code of Civil Proce- property; the right to office or other public posi- dure (hereinafter C.C.P.), Article 5001) tion; civil or political rights; probate and suc- 2.4 Judges (33) ceasion matter.; the state or its political aub- a. The judge on each court most senior in divisions as defendants; and the appointment of service is designated the chief judge. H. remains receivers or liquidators for corporation. or part- in this role ae long as he serves on the court. nerships. The District Court's jurisdictional b. Court of Appeal judges muat meet the aame division in Orleans Parish IA unique in that there qualifications as Supreme Court justices. Refer- are two separate courts--the Criminal District ence Section 1.4.b. Court and the Civil District Court. c. Court of Appeal judge. are elected to 10- b. Some appeals from judgments of courts of year terms in nonpartisan elections by the voter. limited jurisdiction, except Juvenile and Family of their respective districts within the circuit.. Courts, are made to the District Court. The Crimi- (Const., Art. 5, 118, 9, 12, 22; Judicial Ad- nal District Court of Orleans Parish hears appeals ministrator) of m.sdemeanor convictions from the Municipal Court 2.5 Administration of New Orleans and the Traffic Court of New a. The chief judge of each court is responsible Orleans. for court administration subject to rules adopted (Const., Kit. 5, 116; 13 L.R.S.A. 1113, 1137, by the court. The chief judges designate judges 1336, 1402, 1423, 1604, 1688, 1896; Criminal to the rotating panels. District Court Rules III, IV) b. There is no provision for an administrator 3.4 Judges (161) for the Court of Appeal. Reference Section 5.2.b a. There is no provision for a chief judge over (state-level administrator). al1 the districts of the District Court. Chief c. Each Court of Appeal selects its clerk. judges for the individual districts are elected There are no formal provisions for assigning admin- annually by peer vote. istrative duties to the clerks. The clerk of each b. Diatrict Court judges must meet the same Court of Appeal supervises his own oftice personnel qualifications as Supreme Court justices. Refer- and has responsibilities ae determined bg the ence Section 1.4.b. coirizts; C. Diatrict Court judges are elected to 6-year terms by the voters of their reapective districts. ( (mat., Art. 5, 1i12, 13; U.R.C.A., V; Judicial Administrator) (Const., Art. 5, 1115, 17, 24; Judicial Admin- 2.6 Rule-makinu The Court of Appeal is authorized istrator] to adopt rulea governing practice and procedure, 3.5 Administration provided they are consietent with the law. a. Whereas there is no provision for a chief 1Code of Criattilal Procedure (hereinafter judge over all the districts of the District Court, C.Cr.P.), Article 18; C.C.P., Art. 1931 the individual districts have chief judges. Al- though there are no statutory duties assigned to Court of General Jurisdiction the chief judges, the individual courts may prescribe duties by court rule, as has been done in 3.1 DISTRICT COURT. The District Court sits in the 19th Judicial District.For example, that continuoua session. court'i'chief judge is assigned the following re- (13 L.R.S.A. 1503) sponsibilities: regulation and enforcement of 3.2 Organisation. The state is divided into 64 hours for court operation; appointment of court perishes, which (excluding Orleans Parish) have committees; preparation of recommended policies been formed into 39 judicial districts with one and plans and submission of such recommendations District Court sitting in each district. Orleans to the entire court or to other authorities as Parish hae a Criminal District Court and Civil appropriate; representation of the court in cere- District Court. The number of judges per court monial functions and in its relations with other variea from 1to 13. There are presently 12 governmental branches, other courts, and the news single-judge districts. In distric,xs composed of media; coordination of vacation schedules; approv- more than one parish, tho judge or judges sit al- al of judicial absences for conference attendance; ternately in each parish. No session in any parish supervision of the court administrator; aupervi- can be fixed for less than 1 or more than 3 weeks. sion of court finances including planning and District Courts are formally divided into geograph- budget preparation; and others. ic divisions for the purpose of nomination And b. There is no provision for an administrator election of judges only. The Criminal District over all the districts of the District Court. Al- Court of Orleans Parish ia divided into two Appel- though there are no statutory provision, for court late Divisions, with the judges of the court equal- administrators for.the individual districts, courts ly divided between the two divisions. The court may, however, establish such a position by court also has a Magistrate's Section consiating of the rule. The 19th Judicial District Court has estab7 magistrate judge and four commissioner.. This lished the position of court administrator. He section provides committing magistrate services serves as chairman of the jury commisaionera and , 255 2 :3 supervises the court reporter pool &mons other court; keeping the seal and signing off on all duties. legal process; and certifying documents. In the c. District Court clerks are constitutional absence of the judge, the clerk may sign any court officers elected to 4 r terms by the voters of order that needs the judge'e, signature. The clerk their respective par s. There are no formal supervises his own office personnel. provisions for assign administrative duties to [13 L.R.S.A. 111884, 1885, 2153; Judicial the clerks. They supervise their own office per- Administrator] sonnel and have responsibilities as determined by 4.6.1 Rule-makinu A City Court may adopt and the court. amend rules for conducting judicial business. All [Const., Art. 5, 128; West's Louisiana Rules such rules, whether procedural or administrative, of Court 1979 (hereinafter 1979 Court Rules), must be consietent with law. p. 446; Rules of the 19th Judicial District [13 L.R.S.A. 111902, 2488.2, 2488.31, 2488.72; C. rt, General Rule II, Section 2; Judicial C.C.r., Art. 193; C.Cr.P., Art. 18) nistratorl

-makin . The District Court is autho- 4.1.2 PARISH COURT. The term of the Parish Court adopt rules of practice and procedure pro- is coterminous with the calendar year. hey are consistent with the law. The court [Judicial Administrator) dopt rules for conducting business. 4.2.2 Organization. There are three Parish Courts [13 L.R.S.A. 1472; C.Cr.P., Art. 18; C.C.P., in the state: two in Jefferson Parish and one in Art. 193) Ascension Parish. The two courts in Jefferson Parish have geographic jurisdiction on separate Courts oi Limited or Special Jurisdiction sides of the Mississippi River; the sourt in Ascen- sion Parish has gtographic jurisdiction over the 4.1.1 CITY COURT. The City Court sits in continu- entire parish. There are no specialized divisions ous session. of the court. [)3 L.R.S.A. 11901) [13 L.R.S.A. 112561.1, 2562.1, 263.1; Judie 4.2.1 Organization. Prior to 1474 a City Court Administrator) could be established in any ward (division) con- 4.3.2 Jurisdiction taining a city of more-than 5,000 inhabitants. a. The Parish Court has criminal jurisdiction There are 49 City Courts, including the First City concurrent with the District Court over ordinance Court and Second City Court of New Orleans. Small violations and offenses, but only those not punish- Claims Divisiohs may be established in-City Courts. able by imprisonment at hard labor. It has concur- [13 L.R.S.A. 111872, 5202; C.C.P., Art. 4414; rent jurisdiction with the District Court,over con- Annual Report 1978, pp. 32-33) troversies not exceeding $5,000, including suits 4.3.1 Jurisdiction for possession of leased premises. a. The criminal jurisdiction of the City Court b. The Parish Court has no appellate jurisdic- is limited to those offenses that are not punish- tion over the Justice of the Peace Court. able by imprisonment at hard labor, including [13 L.R.S.A. 112561.3, 2562.3, 2563.3; C.C.P., ordinance violations. City Court judges may re- Art. 4842; 1979 Sessions Laws, Act 46; Judicial quire bond to keep the peace; issue arrest war- Administrator) rants; examine, commit, and admit to bail and dis- 4.4.2 Judges (5) charge; and hold preliminary examinations in all a. The Parish Court does not have presiding noncapitil cases. The City Court has small claims judges. jurisdiction up to $750. The City Court's civil b. Parish Court judges must meet the same pal- jurisdiction ifiebncurrent with the District Court ifidations as Supreme Court justices.Reference idvolving suma up to $3,900: Section 1.4.b. b. The City Court has no.appellate jurisdic- -c. Parish Court judges are elected to 6-year tion. terms by the voters of their respective wards. L23.L.R.S.A. 11894; C.C.P.'Arts. 4843, 4844; [Const., Art. 5, 1115, 22; 13-L.R.S.A. 41* A979 Station Les, Act 46) 112561.5, 2562.5, 256).5) 4.4.1 Judges (41....4u11:lime and 49 part-time) 4.5.2 Administration a. jf a,City Court,has mere than one judge, the A.There.are no provisions for presiding judges tenior judge serves as the presidigg judge. for the Perish Court. b..City Court.judges the smme quali- b. There are no provisions for administrators fications as Supreme Court ju s. Reference for'the Parish Court. Reference Section 5.2.b Section 1.4.b. (state:level administrator). c. City Court judges ere eleceed to.6-yeat 4. Qistrict Cburt clerks serve as clerks of the terms by' the voters'of their respective wards, jiparish Court. Reference Section 3.5.1.c. [Const., Art. 5, 11/5, 22;43 L.R.S.A. 11673; ' 413 1...11.S.R. 112561%12, 2562.12, 2563.111 Judicial Administrator) 4.6.1'&111-Makih1. The Pariph Court has,the same 4.5.1 Administration- rule-making authority as the District Coutt. Ref- a. The presiding .iudges have no specifically erence Sgctiori 3.4. b articulated administratiVt.duties.'-' b. There are no provisions for administrators 4.1.3 MUNICIPAL COURT OF NEW ORLEANS. The term of for the City Court. Reference Section 5.2.b *.the Municipal Court.of New Orleans is coterminous (state-level administrator4. with the calendar year. 1, 411, C. Most City Court clerks are appoin4Ed by and [Judicial Administrator) serve at the pleasure of the City Court igdge. The 4.2.3 Organization. The Municipal Court of New ' crerks of the First And Second City Courrs of New Orleans has citywide jurisdiction*There are no Orleans are elected by the voters within their specialized divisions of the court. territorial jurisdiction. The clerk has responsi- [13 L.R.S.AJ, 12493) bility for keeping the minUtes and docket bf the

256 411, a 4.3.3 Jurisdiction 4.5.4 Administration . a. The Municipal Courtoof New Orleans has ju- a. There is no provision for a presiding Juige risdiction over all ordinance violations, except for the Traffic Court of New Orleans. those involving traffic matters. It also has con- b. There is no provision for an administrator current jurisdiction with the Criminal District for the Traffic Court of New Orleans. Reference Court over violations of state statutes that are Section 5.2.b (state-level administrator). ,not trIlable by a Jury and do not involve traffic c. The court appoints a clerk who serves at its matters. The court1s m unum penalta i I $300 pleasure. The clerk supervises his own off e per-

fine or 5 months In ja or both. *.1 . sonnel and has duties as determined by the c urt. 13: The Municipal C urt of New Orleans has no [13 L.R.S.A. 52501.1; Judicial Administ ator] 0 appellate Jurisdiction. 4.6.4 Rule-making.. The Traffic Court of New

[13 L.R.S.A. SS249 , 2500; 1979 Session Laws, Orleans has the same rule-making authority as the Act 268] Municipal Court of New Orleans. RefOrence Section 4.4.3 Jud es (4 t-tink) 4.6.3. a. The Municipal Court of New Orleans does not [13 L.R.S.A. S2501.1] have a presiding Judge. b. Municipal Court of New Orleans Judges must 4.15 JUSTICE OF THE PEACE COURT. The term of the have practtced law in the state for at least 5 Justice of the Peace Court Is coterminous with the years. They must also be qualified voters of calendar year. Orleans Partsh. [Judicial Administrator] c. Munt.Apol court ot New Oilcans Judges ar, 4.2.5 Organization., Parishes are divided Into elected to 8-year t;erms by the voters of the parish wards with one Justice serving most wards and a few of Orle. .4 wards served by two Justices. In some parishes,

(const., Art. ,, S22,13 L.R A. S2492, wards may be consolidated into a district with one 2-,01.11 Justice serving the district. In a special case, 4.5.3 Adintritst (tton West Feliciano Parish has only one justice of the a. There Is no provtston tor a prpstdtng (dge peace for the entire parish. In a ward where a

for the Municipal ( (urt of New Orl. City (urt Is established, the office of Justice b. There is no provision tor an administrator of the peace is abolished. There are no special- for the Municipal court of New urleans. Reference tzed divisions of the court. Section 5.2.b (st P-leve, idminisfrator). 113 L.R.S.A. S1872, 2588; National Survey of c. The Municipa, Cour, of New Orleans appoints Court Organtzation, p. 149] its own clerk, who seiqes at Its plPasure. He 4.3.5 J, ,sdictton ,upervises his own office personne, and (as re- a. Justices of the peace have criminal Juris- sponstbilities as determtned by the dirt. dtction as committ(ng magtstrates only. They have 113 L.R.S.A. S2495, Judicta' Administrator the power to bail or discharge In cases not capital 4.6.3 Rule-making.. The Municipal Court oc New nor necesearily punishable at hard labor. They may Orleans ts empowered to adopt rules and regulations require bonds to keep the peace. They have con- necessary for the proper functiontng (f the court current Jurisdiction with the District Court in all All such rules, whether p-ocedural Administra- civil matters involving $750 or less, including tive, must be conststent with law. sults for possession or ownership of movable prop-

113 1.- S.A. S2494, .C.F., Art. 193, C.Cr.P., erty . suits of landlords for the possession of Art. 1.81 leased premise- b. The Justtce of the Peace Court has no appel: 4.1)1111*TRAFF1CCOURT OF NEW ORLEANS. The term of late jurisdiction. the Traffic Court of New Orleans is coterminous [13 L.R.S.A. S2584; C.C.P., Alt 4844] with the ca,endar year. 4.4.5 Judges 1(376' part-time) [Judicial Administrator; a. The Justice of the Peace Court does not have 4.2.4 Organization. The Traffic Court of New presiding judges. Orleans has geographic Jurisdiction over the parish b. A Justi e of the peace must be of good moral of Orleans.. There are no specialized divisions of character, a f eeholder, and a qualified voter, who tly court. is able to reai 'and write English. [13 L.R.S.A. S501] c. Justices of the peace are elected to 4-year

4.3.4 Jurisdiction - terms. * 1 0 le a. The Traffic Court of New Orleans has juris- (131L.R.S.A. S2581.1] diction over all violations of ordinances or stat- 4.5.5 Administration utes relating to traffic, unless the particular a. There are no provisions for presiding judges offense requires a trial by yury. for the Justice of the Peace Court. The Traffic Court of New Orleans has no ap- b. there are no provisions for administrators pellate Jurisdiction. for the justice of the Pgace_Court. 111 L.R.S.A. 42501.11 c. There are no provisions for clerks for the 4.4.4 Judges (4 part-hime) Justice of the Peace Court. Each Justice of the a. The Traffic CoMik of New Orleans does not peace has a constable who is elected to a 4-yea( have a preliding Judge. term. b. Traffic Court Judges muot haVe practiced law [13 L.R.S.A. S2581.2] in the state for at least5 years. They must also 4.A.5 Rule-making. There are no statutory provi- be qualtfied voters of aleans Parish.' sioni concerning the rule-making authority of the c. traffic Court of New Orleans Judges are Justices of the peace. In practice, the jcstices. elected to 8-year terms by the voters of%the of' the Oace make their own ruler subJect_t( Lne parish. sup(ervioory authority of the Supreme Court. (Const7, Art. 5,122, 13 L.R.S.A. S52492, [Judicial Administrator] 2101.F.11

257 4.1.6 MAYOR'S COURT. The term of thq Mayor's Court 4.5.7 Administration is coterminous with the calendar /tar. a. The presiding judge has no specifically [Judicial Administrator] articulated administrative duties. 4.2.6 Organization. The Mayor's Court has geogra- b. There is no provision for an administrator phic jurisdiction. within the municipality. There for the Family Court. Reference Section 5.2.b are no specialized divisions of the court. (state-level administrator). 4.3.6 Jurisdiction c. The District Court clerk serves as the a. The mayor of a city having a Mayor's Court Family Court clerk. Reference Section 3.5.c. has jurisdiction over all municipal ordinance vio- ' (13 L.R.S.A. 11597) lations. The maximum penalty for an ordinance vio- 4.6.7 Rule-making. The Family Court has the same lation is a $200 fine or 30 days in jail or both, rule-making authority as the District Court, unless an ordinance prohibiting drunken driving Reference Section 3.6. provides for fine of $500 and/or 60 days in jail. All Aayors have the power of committing magis- 4.1.8 JUVENILE COURT. The Juvenile COtrt sits in trates. continuous session. b. The Mayor's Court has no appellate jurisdic- [13 L.R.S.A. 111565, 1568, 1596] tion. 4.2.8 Organization. The Juvenile Court is located [33 L.R.S.A. 11401, 403, 441] in Caddo, Jefferson, and Orleans Parishes. There 4.4.6 Judges (250 mayors or legislatively autho- are no specialized divisions of the court. rized magistrates) (13 L.R.S.A. 111564, 1595.1, 1596) a. The Mayor's Court does not have presiding 4.3.8 Jurisdiction judges. a. The Juvenile Court has exclusive original b. Mayors must be qualified voters of their jurisdiction in proceedings concerning any neglect- cities and must have been residents of their ed or abandoned child who resides in or who is parishes for at least 2 years. found within the parish. It has similar jurisdic- c. Mayors are elected to 4-year terms by the tion over children who violate any law or ordi- voters of the municipality at large. nance. The court is empowered, however, to trans- [33 L.R.S.A. 11381, 383, 384] ferlome serious cases involving juveniles to the 4.5.6 Administration District Court. Specifically, this involves a a. There are no provisions for presiding judges child 15 years of age or older who has been charged for the Mayor's Court. with first or second degree.murder, manslaughter, b. There are no provisions for administrators aggravated rape, armed robbery, aggravated burg- for the Mayor's Court. lary, or aggravated kidnapping.After a hearing, c. Dere are no provisions for clerks for the the transfer of the case is at the discretion of Mayor's Court. the Juvenile Court judge.Such a decision repre- 4.6.6 Rule-making. There are no statutory provi- sents an interlocutory judgment, which either the sions regarding the rulemaking authority of the child or state or both have the right to have Mayor's Court. In practice, the mayors make their reviewed summarily by the Supreme Court. The Juve- own rules subject to the supervisory authority of nile Court also ha jurisdiction over proceedings the .Supreme Court. concerning the Uniform Reciprocal Enforcement of [Judicial Administrator] Support Act, including paternity. b. The Juvenile Court has no appellate juris- 4.1.7 FAMILY COURT.The Family Court sits in con- diction. tinuous session. [13 L.R.S.A, 1115.70, 1571.1, 1571.4, 1664, [13, L.R.S.A. 114061 1681] 4.2.7 Organization.The only Family Court is 4.4.8 Judges (9)- located in the parish of east Eaton Rouge. The a. The Juvenile Court does not have statutory court's geographic jurisdiction is the parish. provisions for presiding judges. The Jefferson There are no specialized divisions of the court Parish Juvenile Court has established the position [13 L.R.S.A. 11401] by court rule. 4.3.7 Jurisdiction b. Juvenile Court judges must meet the same st.'The Family. Court has originAl jurisdiction qualifications as Supreme Court justices. Refer- over all cases involving domestic relations prob- ence Section 1.4.1r. lems such ai divorce, separation, annulment, pater- c. Juvenile Court jbAges are elected to 6-year nity, alimony, child support, custody by habeas terms by the voters of their respective parishes. corpus -or otherwise, visitation rights, and all [Const., Art. 5, 122; 13 L.R.S.IA. 111564, mattirs incidental thereto. It also hes the same 1595.1, 1596] jurisdiction as the Juveni1e Court (reference Sec- 4.5.8 Administration tion 4.3.8.a). a. Uhereas there are no statutory provisions b. The Family Court has no appellate jurisdic- for presiding judges for the Juvenile Court, the tion. Jeffersoti Parish Juvenile Court has established the [13 L.R.S.A. 111401, 14221 position by court rule. The presiding judge,of 4.4.7 Judges (3) this court_is responsible for direct supervision A.If a Family Court has more than one judge, of social services provided by the court. the senior judge serves as presiding judge. b. There is no provision for an administrator Family tourt judges must meet the same qual- for the Juvenile Cdurt. Reference Section 5.2.b ifications as Supreme Court justices, Reference (state-level administrator). '8ectiott 1.4.b. c, Dis-trict Court clerks serve as clerks of the r. Family Court judges are elected to 6-year -Juvenile Court (reference Section 3.5.c), with the terms by the voters-of the parish of East.Reton exceptidn of the Orleans Parish Juvenile Court, Rouge. , / which has its own clerk. fC:nst., Art. 5, 122.13 L.R.S.A. 11403; Judi- [1,3 L.R.S.A. 11597; Annual Report 1977, pp. :14,11 'Administrator) 2326; Judicial Administrator] 258

*77.: 4.6.8 Rule-ante . The Juvenile Court may make 6.1.1 NINETEENTH JUDICIAL DISTRICT COURT Jules of practice and procedure consistent with the 6.2.1 Commissioner 'law. The court say adopt'rules for conducting a. Commissioners are appointed by the court and business. serve at its pleasure. A commissioner must have 113 L.R.S.A.) 1472; C.Cr.P., Art. 18; C.C.P., the same qualifications as a judge, with the excep- Art. 193] tion of residency. Reference Section 3.4.b. Com- missioners are prohibited from practicing law. State-Level Administration b. Commissioners hear and recommend diapositipn of criminal and civil proceedings arising out of 5.1 General administrative authority. The Supreme the incarceration of state prisoners. Court has general supervisory jurisdiction over all 113 L.R.S.A. 1711 to 1713; 1979 Session Laws, courts in the state. It may establish procedural Act 62] and administrative rules not in conflict with the law. The Chief Justice serves as the chief admin- 6.1.2 CIVIL DISTRICT COURT OF ORLEANS PARISH istrative officer of the judicial system of the 6.2.2 Commissioner state, subject to rules adopted by the Supreme a. Commissioners are appointed by the judges Court. Reference Section 1.5.a. The Supreme Court of the Civil_District Court to 6-year terms. To ' has authority to assign a sitting or retired judge qualify for the position, an individual must have to any court. practiced law in Orleans Parish for at least 5 [Coast., Art. 5, 115, 6; Judicial Administra- years. tor] b. If it appears that a case will require more 5.2 Office of the Judicial Administrator ,than 3 days to try, a judge may refer the matter a. The Office of the Judicial Administrator is to a commissioner. The matter is then set for authorized by Supreme Court Rule XXII, Section 7. trial before the commissioner and he submits a b. Judicial Administrator recommendation to the judge. Commissioners may (1) The position of Judicial Administrator administer oaths and can punish for contempt of is constitutionally authorized. court. (2) The Judicial Administrator is appointed 113 L.R.S.A. 11171; 1979 Session Laws, Act 236] by the Supreme Court. There are no formal qualifications for the position. In practice, he is 6.1.3 CRIMINAL DISTRICT COURT OF ORLEANS PARISH expected to be admitted to the bar. 6.2.3 Magistrate (3) The Judicial Administrator examines the a. The magistrate must meet the same qualifi- administrative methods of the court system and cations as a District Court judge (reference sec- makes recommendations for their improvement to the tion 3.4.b) and is elected to a 6-year term. Supreme Court and the Judicial Council (reference b. The magistrate acts as committing magistrate Table 29: Judicial councils and conferences). He in felony and misdemeanor charges and holds pre- collects and analyzes the statistical data of the liminary examination with the authority to bail or courts. He serves as ex officio secretary of the discharge or to hold for trial. If authorized by Continuous Rules Revision Committee (a standing the Criminal District Court, the magistrate may committee made up of two Supreme Court justices, also hear preliminary motions, accept pleas in mis- one Court of Appeal judge, one trial judge, and two demeanor cases, hear and render judgments in other lawyers, appointed by the Chief Justice to study matters (including misdemeanor cases, preliminary recommended rule changes) and provides staff assis- to the trial on the merits); and conduct trials of tance to the Judicial Budgetary Control Board (a misdemeanor cases. If authorized, he may issue and board that may authorize and eirect transfer of sign search and arrest warrants. funds between line items in tge judiciary budget). 113 L.R.S.A. 11346] The Judicial Administrator monitors judicial travel expenses and the expenses associated with the tem- 6.1.4 CRIMINAL DISTRICT COURT OF ORLEANS PARISH porary assignment of active and retired judges. 6.2.4 Commissioner The Supreme Court has designated the Judicial Ad- a. Commissioners are appointed by the judges ministrator as the chief executive officer of the of the Criminal District Court to 6-year terms. Judiciary Commission (reference Section 7.1). They must have practiced law in the state for at c. Office organization. The Office of the Ju- least 5 years prior to appointment. After appoint- dicial Administrator consists of 12 people: 6 pro- ment, they may engage in the practice of civil, but fessionals (including the Judicial Administrator) not criminal, law. and 6 clerical personnel. The professional staff b. The primary role of the commissioners is to provides support services in the following areas; assist the magistrate. They have the same powers, systems analysis, progtemming, computer operations, duties, jurisdiction, and functions di the magis- records management, forms development, and field trate. Reference Section 6.2.3.b. representation; payroll, accounting, auditingand 113 L.R.S.A. 11347; 1979 Session Laws, Act 236] budgeting; legislative, executive, public, and media information, legislative liaison, and execu- 6.1.5 MAYOR'S COURT Ss. tive liaison; and planning and research activities, 6.2.5 Magistrate which include statistical compilation, judicial a. The Board(s) of Aldermen of certain towns planning, research, evaluation, and statistical and villages are authorized by statutes to appoint analysis. 1 court magistrates. These magistrates must be at- [Const., Krt. 5, 17; S.C.R. XIV, XXII, XXIII; torneys. .4e lk Supreme.Court Rule, General Aiministrativi b. When appointed, magistrates exercise the Rule Sections 1, 4;"Juaicial Alleinistrator] poser* and authority of the mayor over the partic- 'ular Mayor's Court. Quasi-Judicial Officeis 113 L.R.S.A. 1S441 to 446]

259 fP'v-, Figure 2:Louisiana state-level administrative office of the courts, 1980

Judicial Administrator

Chief Deputy

Finance and Public Legal Systems Budget Officer Information Affair. Analysis Officer Officer officer

Payroll - Legislative, Drafting legislation - Accounting executive, - Analyzing legislation - ludgeting public, and - Purchasing media information .,

Planning Information Officer Systems Officer

- Planning Sytems analysis - Statistics Programming Research Computer operations

1) .-- ,- /r, ,, ._.)

260 Judicial Discipline judicial to the administration of justice, conduct in office that constitutes a felony, and disabili- 7.1 Judiciary Commissicin. The commission has nine ties that seriously interfere with a judge's judi- members. One Court of Appeal judge and two Dis- cial duties. The judge is notified of the inves- trict Court judges are selected by the Supreme tigation and the name of the complainant. If war- Cort. Three attorneys are chosen by the Confer- ranted by the preliminary investigation, a formal ence of Court of Appeal Judges (reference Table 29: hearing ix held. Witn eeeee are questioned under Judicial councils and conferences). Two of these oath and can be subpoenaed. The judge has the attorneys must have been members of the bar for right to introduce evidence, to be represented by more than 10 years, and the third must have between counsel, and to examine and cross-examine witnes- 3 and 10 years of bar experience. The District ses. If good cause exists, the commission can Judges' Association (an unincorporated association recommend certain disciplinary actions to the Su- of all district judges) selects three nonlawyer ipme Court. The matter is then scheduled for citizens. iiigument and submission in open court. Normally, [Const., Art. 5, 1251 1 hour is permitted for each side's oral argument. 7.2 Authority and procedure for sanction. Commis- After the hearing, and if deemed appropriate, the sion procedures are specified by Supreme Court court may censure, suspend with or without pay, rules in accordance with the constitution. The remove from office, or retire the judge. Commis- commission investigates complaints involving will- sion proceedings are confidential, while those ful misconduct, willful and persistent failure to before the Supreme Court are not. perform duty, persistent and public conduct pre- [Const., Art. 5, S25; S.C,R. XXIII]

261 Figure 1:Maine court system, 1980r

1111110. SUPREME JUDICIAL COURT 7 justices Jurisdiction: Original jurisdiction as 'single justice setters in all getters -(except divorce, annulment, or separation) concurrent with the Superior Court (except no jury trials.) Civil and juvenile appeals from the Superior Court. Court of Criminal appeals Where the imposed sentence last is more than one year (unless this is the resort only sentence that could be imposed) or whore the defendant requests en appeal. teals from administrative and governmental a ncies. r Advisory opinions. aMIN

MIME/ SUPERIOR COURT (16) 14 justices Jurisdiction: - Original jurisdiction in all matters except those cases within the jurisdiction of the Supreme Judicial Court sitting as Low Court snd those cases within the exclusive jurisdiction of the Administrative Court or Court of the District Court. general - Egclutve jurisdiction in civil jury jurisdiction matters. - Exclusive jurisdiction in felony letters. Appeals (de novo in criminal netters.) Reviews actions snd orders of certain admtnis trative agencies. Jury trials. meal.

ADMINISTRATM COURT DISTRICT COURY (33) PROBATE COURT* (16)

1 lodge and Iassociate judge 20 ludges 16 ludges Jurisdiction' Jurisdiction: Jurisdiction: - All cased involving sn - Civil actions under $20,000, Wills, tstseentary admin- agency's intention to sus- divorce, annulment, separa- istrations, settlement of pend, revoke, or refuse a tion, and property disputes. estates, guardianship, Courts of license. Exclusive original jurisdic- adoption, snd name limited tion in small claims. changes. jurisdiction - Misdemeanors, guilty pleas in felony cases, preliminary hearings. - Traffic. - Juvenile. No jury trials.

tIndicates route of sliest.

*After December 31, 19/0, appeals from the Probate Court will go directly to the Supreme Judicial tourt.

262 MAINE

Court of Last Resort (5) Motions to dissolve certain injunctions. (6) Unresolved questions of Maine law 1.1 MUM! JUDICIAL UR A matter of prac- arising in federal courts, where federal courts t ce, the court usually si n Portland. The seek instruction by the Supreme Judicial Court. number of sessions "shall be in accordance with b. Sitting as the "Appellate Division" of the rules promulgated by the Supreme Judicial Court." Supreme Judicial Court, three justices hear appeals 44 Maine Revised Statutes Annotated from sentences of 1 year or more imposed in crimi- '(hereinafter M.R.S.A.) Section 53) nal cases except in any case in which a different 1.2 Or anization. When sitting a: a trial court sentence could not-have been imposed. or conducting hearings, the court is called the Sitting as the Law Court, the Supreme Judi- Suprema Judicial Court. When sitting to determine cial Court has appellate jurisdiction over the .-6;asiions of law arising in civil actions or in following matters: crieinal trials and proceedings in trial courts, (1) Appeals by defendants in criminal cases. the Supreme Judicial Court is referred to as the (2) Appeals from any of the judges of pro- "Law Court". Sitting as an "Appellate Division," bate. not more than three justices of the Supreme Judi- (3) Appeals Srom the Superior Court by any cial Court hear appeals of criminal sentences of 1 aggrieved party in any civil case. year or more, except in any case in which a dif- (4) Appeals from divisions of a single jus- ferent sentence could not have been imposed. tice of the Supreme Judicial Court. )4 M.R.S.A. 151; 15 M.R.S.A. 12141; State Court (5) Appeals On questions of law by the Administrator) State in criminal and juvenile cases which are * 1.3 Jurisdiction 4imited to cross appeals and to appeals of certain a. The Supreme Judicial Court gives advisory pretrial orders. opinions on ismortant matters to the Governor, (6) Appeals from the Superior-Court on ques- Senate, or House of Representatives. If a qUestion tions of law in juvenile cases. of misconduct by an attorney is properly raised, (7) Appeals on questions of law from final any,justice of the Supreme Judicial CoutI may re- decisions of the Public Utilities Commission. quire that attorney to appear and defend against (8) Review of the justness or reasonable- possible removal of his or her license to practice ness of a Public Utilities Commission rate, toll, law. The court may punish contempt against its or charge, or of the constitutionality of a ruling authority by original proceedings. or order by that commission, but only to the The justices of the court have original extent of the lawfulness of such ruling or order. jurisdiction jointly with and equal to that of the (9) Appeals from Superior Court review of Superior Court. The Chief Justice of the Supreme certain orders of the Board of EnvironMental Pro- Court may assign individual justices of the Supreme tection. Judicial Court to do "single justice" work, hearing (10) Appeals on questions of law from deci- matters brought in Superior Court. They have all sions of the Workmen's Compensation Commission. the power of justices of the Superior Court, except (11) Appeals on questions of law from that they do not hold jury trials and they do not Superior Court review of actions by governmental bear actions for divorce, annulment, or separation. agencies. This "single justice" work is done to help the Su- [Const., Art. VI, 13; 4 M.R.S.A. 117, 57, 105, perior Court with its caseload. 851; 14 M.R.S.A. 11851; 15 M.R.S.A. 112115, Sitting as the Law Court, the court may de- 2115-A, 2141, 3407; 18-A M.R.S.A. 11-308; 35 cide the following smatters: M.R.S.A. 1303, 305; 38 M.R.S.A. 1346; 39 (1) Questions of law arising in a case for M.R.S.A. 1103; Maine Rules of Civil Procedure, which trial in a trial court has not been com- Rule 8013; State Court Administrator) pleted, where the trial court on its own initiative hes reported the case to the Law Court for "la. The Chief Justice is selected in the same determination of what legal principles apply to the manner as are the other justices. He serves as facts of the case. Chief Justice for his full term.

4, (2) Questions of law in a case for which b. Supreme Judicial Court justices must be . triallin a trial court has not been completed, United States citizens, and "learned in the law and where the parties submit an agreed statement of of sobriety of manners." facts to the Law Court for determination of what c. Suprema Judicial Court justices are nomi- legal principles apply to those facts. nated and appointed by the Governor, subject to re- (3) Cases presenting a question of law. view by the Joint Standing Committee on the Judi- (4) All questions arising in cases in which ciary (a joint committee of the legislature which equitable relief is sought. reit judicial nominations and reports conclu- t

263 lions before a vote is taken) and confirmation by Court of General Jurisdiction the Senate. Unless removed or reappointed, jus- The regional presiding justices hold office for 7 years. 3.1 SUPERIOR COURT. [Const., Art. V, Pt. 1,18; Art. VI, 64; 3 tice in each of the three judicial regions in the M.R.S.A. 11151, 152; 4 M.R.S.A. 111 state determines when sessions will be held in each If necessary, the Chief 1.5 Administration county in his region. a. The Chief Justice is the head of the Judi- Justice may authorize special sessions in addition cial Department. He exercises administration and to the regularly scheduled ones. supervision over the entire court system through [4 M.R.S.A. 11110, 1111. the State Court Administrator, Superior Court re- 3.2 Organization. Superior Court is held in the The justices sit gional presiding justices, and the District Court county courthouse in each county. individually, traveling from one court to the next chief judge. Reference Section 5.1 (General administrative authority). His duties in regard within the three judicial regions in the state. to the administration of the Supreme Judicial [State Court Administrator] Court include: 3.3 Jurisdiction (1) Decisions concerning the times and a. The Superior Court exercisesoriginal ju- Places for sessions of the Law Court. risdiction over all matters, either exclusively or (2) Prescription of regulations for expense concurrently with other courts, that are not with- statements submitted by justices of the Supreme in the jurisdiction of the Supreme Judicial Court Judicial Court. sitting as the Law Court or the exclusive juris- (3) Assignment of cases and other matters diction of the Administrative Court or the Dis- to active retired justices of the Supreme Judicial trict Court. All felonies are heard in Superior Court, even if the defendant waives his right to a Court. (4) Appointment of clerks and clerical as- jury trial. Civil jury cases must be tried in sistants for the Supreme Judicial Court and deter- Superior Court. The court also has jurisdiction mination of their compensation. to provide injunctive relief, supervise mortgage (5) Appointment of the clerk of the Law foreclosures, compel parties to perform their con- Court and designation of persons to act as addi- tracts, settle partnership disputes, and decide tional clerks of the Law Court. actions to quiet title or settle property disputes. in (6) Assignment of justices and active re- It shares with the District Court jurisdiction tired justices ef the Superior Court to hold its divorce and other matters involving domestic rela- trial sessions. tions. b. Reference Section 5.2.b (state-level admin- b. The Superior Court hears civil and criminal .appeals from District Court cases, and juvenile ap- istrator). c. The Chief Justice of the SupremeJudicial peals froli the District Court sitting as the Juve- Court appoints the clerk of the Law Court, who nile Court. In addition, it hears appeals from the serves full time at the pleasure of theChief Administrative Court. [4 M.R.S.A 11157, 14 M.R.S.A. $1105, vi01, Justice. The clerk of the Law Court acts as reporter of decisions and keeps the dockets of the 1157, 6051, 6651; 5 M.R.S.A. 62401; 15 M.R.S.A. IS2111, 2114, 2115-A, 2661, 3401, Law Court. From time, to time, the Chief Justice may designate one or more clerks of court orother 3402, 3405; State Court Administrator] competent persons to act as additional clerks of 3.4 Justices (14) a. There is no provision for a chiefjustice the Law Court. The clerk of the Law Court also serves as executive secretary of the AppellAte over the Superior Court. The Chief Justice appoints regional presiding Superior Court justices Divigion. for each of the three judicial regions in the i4 114, 6, 53, 54, 101, 551; State Court Administrator] state. b. Superior Court justices must meet the same 1.6 Rule-making. The Supreme Judicial Court has power to make general rules governingpractice and qualifications as the Supreme Judicial Court jus- procedure in criminal and civil cases in the tices. Reference Section 1.4.b. Superior and District Courts as well as rules gov- c. Superior Court justices areselected in the Judi- erning practice and procedure in casesbefore the same manner and for the same term as Supreme Administrative Court and cases before complaint cial Court justices. Reference Section 1..4.c. justices (reference Section 6.1 Quasi-JudicialOf- [4 M.R.S.A. 1191 This power is limited only br the con- 3.5 Administratign, ficers). deermine stitution and by the statutory caveat that no rule a. Ttid regional- 'Presiding justices held Within their re-. shall modify substantive rights. The Supreme when and where court willbe Judicial Court also has power to prescribe rules spective regions, what business wi/l1 be conducted, The Supreme if evidence for criminal and civil cases before the and When the grand jury will meet. Supreme Judicial Court, the Superior Court, the Judicial Court may by rule give the regional pre- District Court, and the Probate Court. Finally, siding justices additional duties to perform. the Supreme Judicial Court has authority to make b. There.are no provisions for an administra- and promulgate rules, regulations, and orders gov- tor over all the Superior Courts. Each of the erning the administration of the Judicill Depart- three regional presiding justices employs, supervises, and is sss i s ted by a Superior Court region- ment. Reference Section 5.2.b (4 M.R.S.A. ill, 8, 9, 9-A; State Court Admin- al court administrator. istrator] (state-level administrator). c. The individual courts areadministered in Until 1975, the Intermediate Appellate Court each county by a clerk of court. clerks were elected and served 4-year terms.Now 2 o There is no intermediate appellate court in they are under the statewide court personnel system administered by the Chief Justice of the Maine.

(); rl 264 Supremm Judicial Court. In general, the clerk is 4.5.1 Admink.tration responsible for keeping the records of the court, a. The cief judge's responstbilities incluMe managing case files, administering courtroom pro- but are not 1 itrd to the following: approval of ceedings while the court is tn session, scheduling expense etate nts of other judges; assignment of cases, and handling communications between the judges at large to hold court in any division where court and attorneys, jurors, and witnesses. Among they are needed; supervision of the collection and the duties specifically required of the clerk by publication of tatistice on court bumineme and statute are the following: receiving and recording conferences held; entablishment of a Traffic Vio- fines snd forfeitures; preparing quarterly account- laTiona Bureau in accordance with the "Model Rulem ings for the state auditor; holding funds in escrow Governing Procedure in Traffic Cames;" appointment in civil cases; administering oaths; kee ng mili- and 4etermination of salaries of clerks and cler- tary service records; recording finalj dIg ldgments; ical\asmietante; authorization and determination and recording indictments and criminal appeals. of the salary of the complaint jumticem (reference [4 M.R.S.A. S119, 110, 551, 554, 556, 557, 558, SectiO0 6.2); ammignment of judges temporarily 560, 563, 564; State Court Administrator] outside their own dietricts; submission of an 3.6 Rule-making.. The Supreme Judicial Court deter- annual budget to the Chief Justice or him mines the rules of procedure and the rules of delegatel\ and establishment of a Fiehertea and evidence to be followed in the Superior Court. Wildlife Bureau In each divimion. Reference Section 1.6. b. There are no provisions for an administrator over all the District Courts.The chief judge Courts of limited or Special Jurisdiction employe, supervisea, and is aasiated by two regional Court.,adminietrators, one for the Northern 4.1.1 DISTRICT COURT. The chief judge determines Regton and ont, for the Southern Region of the Dis- when court messions will be held. trict Court myetem. Reference Section 5.2.b 14 M.R.S.A. 1164] (state-level adminiatrator). 4.2.1 Organization. There are 33 divisions of the c. Clerk. are appointed by the chief judge District Court, organized into 13 districts. When where needed. They can be full-time or part-time. the court sits in juvenile proceeding. itis called Their mpecific dutiem Include fixing and taking the Juventle Court:- bail, and acheduling appearances for thoee charged (4 M.R.S.A. SS153, 154; 15 M.R.S.A. S3101) with criminal offenmes cognizable by the court. 4.3.1 Jurisdiction [4 M:R.S.A. SS157, 159, 160, 161, 163, 164, a. In criminal cases, the District Court may. State Court Administrator] receive guilty pleas in felony cases. Preliminary 4.6.1 Rule-making. The Supreme Judicial Court de- hearings may be conducted to determine whether termine, the rules of procedure and the rule. of there is probable caume to prosecute in Superior evidence to be followed in the District Court. Court. The court may try any miedemeanor. The Reference Section 1.6. District Court also holds trial for "civil violations" (including "traffic infractione"), which are 4.1.2 PROBATE COURT. The court its in continuous noncriminal violations of the law that may not be seeeion except for legal holiday.. punishable by imprisonment and for which there im [4 M.R.S.A. S303] no right to trial by jury. 4.2.2 Organizatton. There is one Probate Court for Whrle much of the District Court's juris- each of the 16 counties in the tate. There are diction IS concurrent with either the Superior no mpecialized division, of the court. Court or the Probate Court, it ham exclumive orig- 4.3.2 Jurisdiction inal jurisdiction in small claims cases and ju- a. The Probate Court has general jurisdiction venile matters. The District Court may hear any to probate will, and to authorize-executors or ad- civil case in which the damage. nought do not ex- minietrators of estates to perform their duties, ceed $20,000, and no relief other than money dam- and jurisdiction over adoption., name changes, ap- age is sought. Since there is no jury in Dietrtct pointment of guardians, and persons under guardian- Court, civil jury cases may not be heard there.. shape. Jurisdiction im shared with the Superior Civil cases in which the court shares jurisdiction Court tothe direction of specific acts to be done with the ftmerior Court are divorce, marital sep- or property to be restored or transferred, and in aration, and domestic relation, matters, and pro- all matters and cases relating to the administra- ceedings to settle property disputes. tion of entates. b. The District Court ham no appellate juris- b. The Probate Court ham no appellate jurisdiction. diction. (4 M.R.S.A. SS152, 165; 14 M.R.f.A. 116651, (4 M.R.S.A. ii251, 252] 7461 et. Lisa.; 15 M.R.S.A. SS806, 3001 et. 4.4.2 Judges 6) Wel., 3101; 19 M.R.S.A. 1588] a. The Prob te Court does not have presiding 4.4.1 Judges (20) judge,. as. The District Court is administered by a b. Probate Court judges must be residents of chief judge, who is demignated by the Chief l'heir districts and muset be members of the Maine Justice of the Supreme Judicial Court. There are Bar. no provisions for presiding judge. for the in- c. Probate Court judges,are elected within dividual district,. their respective counties and serve 4-year terms. b. District Court judges must be members of the [Const., Art. VI, S6; 4 M.R.S.A. S301]. Maine Bar and residents in their districts. 4.5.2 Administration c. District Court judges are appointed by the a. There are no provisions for presiding judges Governor and serve 7-year terms. for the-Probate Court. [4 M.R.S.A. S157] b. There Are no provisions for administrators for the Probate Court. Reference Section 5.2.b .(state-level administrator).

265 c. There is one register of probate for each He is responsible for the efficient operation of Probate Court. The register has care and custody the Judicial Department, for tte expeditious dis- of of all files, papers, and books belonging to the patch of litigation, and for the proper conduct probate office. H. records all wills proved, let- business in all courts. He may require reports ters of administration or guardianship granted, from all courts, and he may issue orders and regu- bonds approved, accounts allowed, all petitions and lations necessary for the efficient operation of decrees, and other matters as the judge directs. the Judicial Department and the prompt and.proper The register alio keeps docket of all probate administration of justice. Reference Section cases and a record of each proceeding, and acts as 1.5.a. auditet4of accounts at the judge's request. [4 M.R.S.A. ill 118 M.R.S.A. 441-501, 1-504, 1-505). 5.2 Administrative Office of the Courts 4.6.2 Rule-making. The Supreme Judicial Court a. e Administrative Office of the Courts is prescribes the forms, practice, and procedure, in- jottte413'zed111 by statute. cluding rules of evidence, which are followed in (1) The State Court Administrator's posi- all proceedings under the Probate Code and all ap- tion is authorized by statute. peals therefrom, provided that the rules are con- b. State Court Administrator sistent with the provisions of the code and do not (1) The State Court Administrator must be a abridge, enlarge, or modify any substantiveright.(--United States citizen. He must devote full time 18 M.R.S.A. 11-3041 to official duties, to the exclusion of any profession for profit. The State Cou;t Administrator 4.1.3 ADMINISTRATIVE COURT. The Administrative is appointed by and serves at the pleasure of the Court sits in continuous session. Chief Justice of the Supreme Judicial Court. [State Court Administrator) (2) Under the batic statutory enumeration 4.2.3 Organization.The Administrative Court is a of the State Court Administrator's duties, he or statewide court located in Portland. There are no she must: specialized divisions of the court. (a) Carry on a continuous survey and study of the Judicial Department and assist in [4 M.R.S.A. $1151) I 4.3.3 Jurisdiction long- and short-range planning. a. The Administrative Court has jurisdiction (b) Examine the status of dockets and make recommendations to the Chief Justice regarding in all cases involving an agency's intention to t suspend, revoke, or refuse a license. II the Ad- personnel assignments. ministrative Court'judges are disqualifie,juris- (c) Investigate complaints about court diction is granted to the District Court. operations. (d) Prescribe uniform administrative and b. The Administrative Court has no appellate a jurisdiction. business methods. . Implement standards and policies set [4 M.R.S.A. 111511 (e) 4.4.3 Judges (2) by the Chief Justice. a. The'Administrative Court does not have a (f) Act as fiscal officer for the Judi- presiOng judge. The court consists of an Admin- cial Department. istrative Court judge and an associate Administra- (g) Examine arrangements for use and, tive Court judge. maintenance of court facilities. b. Administrative Court judges must be members (h) Act as secretary to the Judicial Judicial councils of the Maine Bar and residents of their districts. Conference (reference Table 29: c. Administrative Court judges are appointed and conferences). by the Governor, subject to review by the Joint (i) Submit an annual report tothetChief Standing Committee on the Judiciary and to con- Justice, legislature, and Governor regarding the firmation by the legislature, and serve 7-year activities of the administrative office. Maintain liaison with other branches terms. (j) [4 M.R.S.A. 11151j. of government and agencies. . (k) Prepare and plan for the operatiOn, 4.5.3 Administration * a. There is no provision for a chief judge for and organization of clerical offices serving the the Administrative Court.The Administrative Court Superior Court, and, upon the request of the chief judge, however, is responsible for the efficient judge, for the District Court. operation of the court and for the proper conduct (1) Implement preservice and inservice of business therein. educational and training programs for nonjudicial b. There is no provision for an administrator personnel of the Judicial Department. Perform other duties and attend to , for theAdministrative Court. Reference Section (m) 5..2,1i (state-level administrator). other matters consistent with powers delegated by e. The tlerk is appointed by the Chief Justice. statute as assigned by the Chief Justice and the He has responsibilities as determined by the court. Supreme Judicial Court. Make recommendations for a uniform (4 M.R.S.A. 41151; State Court Administrator) (n) system voliOratatistics and collect and analyze court- 4.6.3 Rule-Making. Administrative Court Procedures are governed by Administrative Court rulesthee' . related4data. uust be approved by the Supreme Judicial Court. In addition, subject o the apprOval of 14 M.R.S.A.A1152(5)) the Chief Justice, the State Court Adminiatrator must prepare biennially, a consolidated operating Also'subject State-Level Administration budget for all courts in.the state. to the approval of the Chie Justice, ,the State 5.1 General administrative authority. The Chief Court Administrator prescribes financial management Justice is the head of the Judicial Department. procedures to be used in all courts.

266 t) Figure 2: Maine state-Ievol administrative office of the courts, 1980

State e Court Adainistretor

o .111=1L .11IP Fiscal Personnel and Court Director Judicial Sytoss Education Anly of Officer

Accountant Accounting Secretarial Clerks Assistance

f1r,_) ."- 0 r, a....,....4. 1 267 t aciive re- Finally, the State Court Administrator is bers: two members, either active or responsible for administrative supervision of the tired justices of the Superior Court, wive or active retired judges of the District Court, or Maine Criminal Justice SentencingInstitute. active'judges of the Probate Court, appointed by c. Office organisation. For the performance the Supreme Judicial Court; two attorneysadmitted of his or her duties, the State CourtAdministra- to the practice of law in Maine,appointed by the tor is authorized to appoint anyassistants and Supreme Judicial Court on recommendation of the employees and to purchase Or lease any equipment, the services, or facilities that may be needed, subject Governor; and three lay persons, appointed by Supreme Judicial Court on recommendation of the to the approval of the Chief Justiceand within the limits of legislative appropriations. Governor. [Administrative Office of the Courts, "Annual [4 M.R.S.A. 113, 15, 17, 24; State Court Ad- Report," 1979) ministrator] 7.2 Authority and procedure for sanction. The Committee on Judicial Responsibility andDisabil- Quasi-Judicial Officers ity is authorized by the Sapreme Judicial Court to make recommendations to the court regardingdis- 6.1 DISTRICT COURT cipline, disability, retirement, or removal of 6.2 Complaint justice Supreme and Superior Court justices and judgesof a. Complaint justices areappointed by and the District, Probate, and AdministrativeCourts. serve at the pleasure of thechief judge of the The committee acts on complaints ofjudicial mis- District Court. b. Complaint justices may receive complaints conduct by investigating and conducting hearings As the committee is and issue processes for arrest of persons charged on the alleged misconduct. committee's man- with offenses, issue search warrants, and endorse not a substitute for appeal, the into miscon- certificates of commitment of the mentally ill. date is narrow and can only inquire duct as defined by the Code of Judicial Conductand [4 M.R.S.A. $161]. matters of alleged disability. The Supreme Judi- cial -Court may or may not accept the recommenda- Judicial Discipline r4n of the committee and may make its own recommendation for removal by impeachment to the legis- 7.1 Committee on Judicial Responsibility and lature or the the Governor. Disability. The committee consists of seven okem- (State Court Administrator)

268 MARYLAND

Court of Last Resort Court administrators, the chief judge of the Dis- trict Court, and the district administrative 1.1 COURT OF APPEALS. The court sits in Annapolis. judges. Reference Section 5.1 (General The term is fixed by court rule, but it cannot be administrative authority). The Chief Judge has no less than 10 months per year. specifically articulated duties vith regard to the [Constitution, Article IV, Section 141 administration of the Court of Appeals. 1.2 Organisation. The Court of Appeals does not b. Reference Section 5.2.b (state-level admin- sit in panels. The constitution requires a quorum istrator). of five judges. c. The Court of Appeals appoints a clerk to [Const., Art. IV, 114] serve at its pleasure. There are no formal provi- 1.3 Jurisdiction sions for assigning administrative duties to the a. The Court of Appeals has original jurisdic- clerk. He exercises general supervisory authority tion over bar disciplinary hearings, judicial dis- over employees within his office. ciplinary hearings, and bar admissions. The court [Coast., Art. IV, 1117, 18; Code, C.J., 12-401; also has original jurisdiction over matters dealing State Court Administrator] with tbe successor of the Governor. The Court of 1.6 Rule-makin . The Court of Appeals has the Appeal. has the power to review legislative dis- power to make rules and regulations to govern the tricting and to order reapportionment if the exist- practice and procedure and judicial cipinistration ing districting is constitutionally defective. in the courts of Maryland; this power "is liber- b. The Court of Appeals has appellate jurisdic- ally construed."These rules have the force of tion over all cases in the Court of Special Appeals lay, subject to change by the legislature. There by vrit of certiorari. The court also has exclu- is also a Standing Committee on the Rules of Prac- sive appellate jurisdiction vith respect to a tice and Procedure (made up of lawyers and judges question of law certified to it under the Uniform and other persons competent in judicial practice, Certification of Questions of Law Act. procedure, or administration) that meets periodi- [Const., Art. II, I6(g); Coast., Art. III, 15; cally throughout the year. It recommends new rules Annotated Code of ,Maryland, Courts and Judicial and revisions to existing rules to the Court of

?4Proceedings (1974) (hereinafter Code, C.J.), . Appeals. Sections 12-201, 12-307] [Const., Art. IV, 118(a); Code, C.J., t11-201, 1.4 Jud es .(7) 13-301; Annual Report 1978-79, p. 19] a. The Governor designates one of the judges of the Court of Appeals to be the Chief Judge. He Intermediate Appellate Court serves in this role until the end of his term. b. Court ofeipp4als judges must be citiiens of 2.1 COURT OF SPECIAL APPEALS. The court sits in Maryland, must be qualified voters, must have been Annapolis.The term is fixed by court rule, but residents of Maryland'for at least 5 year:, must 1 it cannot be less than 10 onths per year. have been residents of the geographic jurisdiction [Code, C.J., 11-403] they serve for at letst 6 months, must be admitted 2.2 Or anization. The Court of Special Appeals to the practice of law in Maryland, must be at sits in panels of not less than three judges and least 30 years old, and must be "most distin- has statewide jurisdiction. guished for integrity, wisdom, and sound legal [Code, C.J., 111-402, 1-403] knowledge." 2.3 Jurisdiction c. Court of Appeals, judges are appointed by the a. The Court of Special Appeals has no original Governoz%and confirmed by the Senate.After 1 year jurisdiction. in office, the judge faces a retention election on 6. The Court of Special Appeals has initial- his record; if successful, he is elected to a 10- appellate jurisdiction over all causes except those year term. where the Court of Appeals has been granted exclu- (Coast., Art. IV, 112, SA, 14; State Court sive appellate jurisdiction. Administrator] [Code, C.J., 1112-307, 12-308] 1.5 Administration 2.4 Judges (13) a. The Chief Judge is theadministrative head a. Th4 Governor designates one of the judges of the state's judicial system. He exercises ad- to be the chief judge. ministration and supervision over the entire court b. Court of Special Appeals judges must meet system tbiough the Maryland Judicial Conference and the same qualifications as judges of the Court of the Conference of Circuit Court Judges (reference Appeals. Reference Section 1.4.b. Table 29: Judicial councils and conferences), the c.'Court of Special Appeals 'judges are selected State Court Administrator, the chief judge of the in the same manner and for the same term as Court Court of Special Appeals, the circuit administra- of Appeals judges. Reference Section 1.4.c. tive Ages, county administrative judges, Circuit [Coast., Art. IV, 12; Code, C.J., 11-402(a)]

269 (, Figure 1:Maryland court system, 1980

COURT OF APPEALS 7 judges Jurisdiction: - Original jurisdiction over bar dieciplinary Court of bearinss, judicial dieciplinary hearins., and lamt ha? admission.. resort - Certiorari review of Court of Special Appeal.. - Unif9rm Certification of Que.tions of Law Act.

COURT OF SPECIALAPPEALS 13 judge. Intermediate 1 Certiorari Jurimdiction. review of - Exclumive initial appellate juri.diction over appellate appeal..t any reviewable judgment of Circuit Court or court Orphan.' Court.

**I CIRCUIT COURT. (8) 97 EIWIRs0 Jurisdittion Exclusive juri.diction in civil actions over 0,000. Juvenile Concurrent jurisdiction with District Court between Court of mstters in $2,801 to $5,000. Probate matter. (in Montgomery general jurisdiction Montgomery nnd Harford Counties). County. Felonies, mi.demeanor. (fine greater thad $2,500, mentence greater than 1 years). Juvenile matters (exceptIn Montgomery County). Appeals di novo and on record. Appeal. *am certain administrative agencies. Jury trials.

De novo appeal. (except in Harford er and Montgomery Counties). I. 11 DISTRICT COURT (12) ORPHANS' COURT (22) 87 joie. 66 part-time judges Jurisdiction Juri.diction Exclusive jurisdiction in civil actions Ader $2,500, - Exclumive juri.diction over landlord and tenant cases, and ryplevin actions. Con- administration of estates of current jurisdiction with Circuit Court in civil ac- decedente and inor., orphans, Court. of tion. from $2,501 to S5,000. warde, and guardians. limited - Small claims criminal came. when penalty 1s less than (Theme matter. are handled by juri.diction re 3 year. imprimorment or fine of $2,500. Concurrent the Circuit Court in juri.diction in mi.demeanors and certain enumerated Montgomery and Harford felonies if the penalty 1. 3 years or more. Countie..) Motor pellicle violation.. Juvenile matter. (in Montgomery County only). No jury.trials. 1

114 Indicates route of appeal.

t When the Circuit Court act, in an appellate capacity for court, of limited juri.diction, the appeals go tn the Court of Appeals only by wey of certiormri review.

The Eighh Judicial Circuit include. mix courts, referred to colledtively am the Supreme Bench of Baltimore City. The court. included are&the- Supreme Court of Baltimore City, the Court of Common Pleas, the Baltimore City Court, the Circuit Court of Baltimore City nd Circuit Court Number 2 of Baltimore City.

r) e,

A* ; 270 2.5 Administration approval of the Chief Judge of the Court of a. Subject to the direction of the Chief Judge Appeals, may appoint a county adminietrative judge of the Court of Appeals, the chief judge of the for any county within his judicial circuit. In the Court of Special Appeals is responsible for the Eighth Circuit, the circuit administrative judge administration of the court. To the extent appli- acts as the county administratiVe judge. cable, he possesses the authority granted to a b. Circuit Court judges must meet the same re- county administrative judge (reference Section quirements as judges of the Court of Appeals. Ref- 3.5.a). erence Section 1.4.b. b. There is no provision for an administrator c. Circuit Court judges are elected by the for the Court of Special Appeals. Reference Sec- citizens of their respective counties to 15-year tion 5.2.b (state-level administrator). terms. They exercise general supervisory authority c. The Court of Special Appeals appoints a over employees within their offices. clerk to serve at its pleasure.There are no [Const., Art. IV, 11.0, 3, 5,21, Md. R. 1200 formal provisions for assigning administrative c.1, 1200 d.1; State Court Administrator] duties to the clerk. He exercises general 3.5 Administration supervisory authority over employees within his .a. Whereas there is no provision for a chief judge over all the circuits of the Circuit Court, office. . [Code, C.J., 12-401; Maryland Rules of Proce- each circuit administrative judge, subject to the direction of the Chief Judge of the Court of Ap- . dure (hereinafter Md. R.) 1200 b; State Court Administrator] peals, is generally responsible for the ad 'nistra- 2.6 Rule-making. Reference Section 1.6._ tion of the several coufts within his circ it and for the supervision of the county adminis rative Court of General Juris iction judges within his circuit. He may perfojm any of the duties of a county administrative dge (see 3.1 CIRCUIT COURT. term of the Circuit Court next paragraph), and must call a mee ng of all i determined by the ocal jurisdiction. judges of his circuit at least once every 6 months. [Const., Art. IV,1121A, 33] The circuit administrative judge also has special 3.2 Organization. Th state is divided into eight upervisory powers over the remova es, whicb judicial circuits, eac of which contains from one may be delegated. Except for assignments de by. to five counties. Th e is a Circuit Court for the Chief Judge of the Court of Appeals, th r- each county. The Eighth Circuit is aferred to as cuit administrative judge for each of the first the Supreme Bench of Baltimore City Rid has the seven judicial circuits may assign any tudge of his following divisions: the Superior Court of Balti- circuit to sit as a judge of the Circuit Court of more City, Court of Common Pleas, Baltimore City any county in the judicial circuit. The Supreme Court, Criminal0Court of Baltimore, Circuit Court Bench of Baltimote City performs this function in j[of Baltimore City, and Circuit Court No. 2 of the Eighth Circuit. Baltimore City. Subject to the general supervision of tte Chief [Const., Art. IV, 119] Judge of the Court of Appeals and to the direct 3.3 Jurisdiction upervision of his circuit administrative judge, a. Each Circuit Court has full criminal and particularly with reference to assignment of Judges civil jurisdiction in all cases unless exclusive and of cases, a county administrative judge is re- original jurisdiction has been granted to another ponsible for the administration of the court for court. The court also has juvenile jurisdiction, his county. His duties Include assignment of except in Montgomery County where the District judges.,,supervision of judges, officers, and em- Court has this jurisdiction. In the Eighth Cir- ployees of the court; supervisiom of court calen- cuit, the Superior Court of Baltimore City, the dars and cases filed; preparation of the budget; Court of Common Pleas, and the Baltimore Cily Court and purchase of equipment, supplies, and services. hear all civil common-law cases. The Court of Supervision of and responsibility for the employ- Common Pleas also hears insolvency cases. The ment, discharge, and classification of personnel Criminal Court of Baltimore City handles all crimi- is subject to the approval of a majoriity of judges nal cases and the tlf Circuit Courts of Baltimore of his court. These functions may be delegated City hear equity cases. In Montgomery and Harford with the approval of the circuit administrative Counties, probate matters are handled by the Cir- judge to any judge or to any committee of judges cuit Court. of his court, or to any office or employee of the b. The Circuit Court has appellate jurisdiction court. The chief judges of the individual circuits over cases tried in District Court and Orphan!' have no inherent administrative power or authority, Court. In the Eighth Circuit, appeals from the with the exception of the right to preside when District Court in civil matters arl heard in the more than one judge is present. Baltimore City Court. b. There is no provision for-an administrator [Const., Art. IV, 1120, 28, 29; Code, C.J., over all the circuits of the Circuit Court. The 111-501, 3-803, 12-403, 12-403a] First, Second, Fourth, and Fifth Cgrcuits have 3.4 Judges (97) tate-funded Circuit Court administrators. In the a. There is no provision for a chief judge over Third, Seventh and Eighth Ciikuits, the adminis- all the circuits ot the ifircuit Court. Except for trators are locally funded. In the Sixth Circuit, the Eighth JudiciaNCialeuit where the Governor the elected clerk of the Circuit Court also serves appoints the chief judge, the senior judge in as administrator. Except for those functions that length of service in each circuit is the chief may be handled by the elected clerks, the Circuit judge of the circuit. A circuit administrative Court administrators are generally responsible for judge is appointed in each circuit by the Chief management of the courts' calendars; administra- Judge of the Court of Appeals. In the absence of tion of all staff services; personnel, financial, such an appointment, the chief judge of the cir- and records administration; and management of the alit also serves as the circuit administrative physical plant. judge. The circuit administrative judge, with the 271 c. Clerks of the Circuit Court are elected by (Const., Art. IV, 112, 41D, 411,; Code, C.J., ,---- voters of the counties or cities to 4-year 111-603, 1-607; State C inistrator)

-. te s. There are no formal provisions for assign- 4.5.1 Administration r all the districts of in administrative duties to the clerks. They a. The chief judge o ponsibility for the ex rcise general supervisory authority overemploy- the District Court has re ees within their Office. maintenance, administratin, and operation of the [Const., Art. IV, 1125, 32, 37; Md. R. 1200 District Court. Subject the approval of the C.2(a), 1200 C.2(b), 1200 d.2, 1200 d.3, 1202 Chief Judge of the Court f Appeals, he appoints b.1; Administrative Office of the Courts, an administrative judge for each district. The Annual Report 1975-76, p. 34; Administrative administrative judge is reaponsible for the admin- Office of the Courts Manual, Circuit Court istration, operation, and maintenance of the court Administrator position description; State in that district and for the conduct of the court's Court Administrator] business. 3.6 Rule-making. Referedce Section 1.6. b. There are no provisions for administrators for the District Court. Reference Section 5.2.b Courts of Limited or Special Jurisdiction (state-level administrator). c. The chief judge appoints a chief clerk who 4.1.1 DISTRICT COURT.The district court sits in serves all the districts of the District Court. continuous session. The chief judge, with the aid of each district [State Court Administrator) administrative judge, appoints a chief administra- 4.2.1 Organization. The state is divided into 12 tive clerk for each district who serves at the judicial districts, each of which contains from 1 pleasure of the chief judge. District Court clerks to 5 counties. In multi-county districts there is perform duties in the administration of the Dis- at least one District Court judge in residence and trict Court as may be assigned them by the chief holding court in each county. Although there are judge or as may be prescribed by rule or law. no specialized divisions in the District Court, [Const., Art. IV, 1141E, 41F; Code, C.J., there is a Small Claims Court with a separate 111-605, 1-607, 2-602; State Court Administra- docket. tor] [Const., Art. IV, 1418; Code, C.J., 111-602 4.6.1 Rule-making. Reference Section 1.6. 1-603; Md. R. 568) Terms of the Orphans' Court 4.3.1 Jurisdiction 4.1.2 ORPHANS' COURT. a. The District Court has jurisdiction over are determined by court rule or order of the re- violaeions of vehicle laws, misdemeanors, non- spective courts. In the absence of such local felonious ordinance violations, and certain stat- rule, court will convene on the second Tuesday in utory theft offenses where the value of the prop- February, April, June, August, October, December perty stolen does not exceed $500. The District or more often if necessary. Court has original jurisdictithi in an action in [Annotated Code of Maryland, Estates and contract or tort if the amoti t in controversy does Trusts (1974) (hereinafter Code, E. & T.), not exceed $2,500; an action for replevin, regard- Section 2-106) less of amount in controveigty; landlord-tenant 4.2.2 Organization. There is one Orphans' Court actions; distraint or forcible entry and detainer; in each county of the state, with the exception of and petitions relating to the use, disposition, Montgomery and Harford counties. Three judges pre- encumbrances, or preservation of certain property. side in each' Orphans' Court. There are no special- In cases where the amount in controversy exceeds ized divisions of the court. $2,500 or the potential fine exceeds $2,500, the [Const., Art. IV, 1401 District Court's jurisdiction is concurrent with 4.3.2 Jurisdiction the Circuit Court up to $5,000. In Montgomery a. The Orphans' Court is a probate court. It County only, the District Court has jurisdiction may conduct judicial probate, direct the conduct over juvenile causes. of a personal representative, and pass orders that b. yhe District Court has no appellate juris- may be required in the course of theadmiaketretion diction. of an estate of a decedent. In Montgomery and' [Const., Art. IV, 141A; Code, C.J., 114-301, Harford Counties, probate matters are handled by 4-302,'4-401, 4-402, 4-403; Greenbelt Consumer the Circuit Court. Services, Inc. v. Acme Markets, Inc., 272 Md. b. The Orphans' Court has no appellate juris- 222] diction. 4.4.1 Judges (87) [Const., Art. VI, 120; Code, E. & T 12-102] a. There is a chief judge over all the dis- 4.4.2 Judges (66 art-time) tricts of the District Court, who is appointed by a. The Cove desiftates one of the three, the Chief Judge of the Court of Appeals. He serves judges elected ach Orphans' Court to be thy at the pleasure of the Chief Judge. The chief chief judge-. THe chief judge serves a 4-year term. judge of the District Court appoints an administra- b. Orphans' Court judges must be citizens of tive judge for each district; who serves at the Maryland and exist have been residents of the pleasure of the chief judge. counties or cities they serve for 12 months preced- They need not be metthers of the b. District Court judges must meet the same . ing the election. qualifications as judges of the Court of Appeals. bar. Reference Section 1.4.b. c. Orphans' Court judges are elected to 4-year c. District Court judges- are appointed by the terms by the voters of the counties and of the city vernor from names submitted to him by the Trial of Baltimore. ourt Judicial Nominating Commission (reference [Const., Art. IV, 140; Code, E. & T., 12-107; Z41° Table 12: Characteristicstof judicial nominating Kaden v. Board of SuperVisors of Elections, 273 commissions). Upon confirmation by the Senate, Md. 406, 329A.2d702 (1974); State Court

they serve 10-year terms. - Administrator]

272 of: II 4.5.2 Administration eery. Auditors and examiners serve at the court's a. The chief judges of the Orphans' Court have pleasure. no specifically articulated duties with regard to b. Auditors have power to administer oaths, the administration of the court. and audit and settle accounts agreeable to the b. There are no provisions for administrators order orthe court. Examiners have authority to for the Orphans' Court. Reference Section 5.2.b fix a reasonable day for the examination of wit- (state-level administrator). n eeeee and to take evidence. c. There are no provisions for clerks for the [Const., Art. IV,19; Code, C.J. 112-102, Orphans' Court. 2-501] 4.6.2 Rule-making. Reference Section 1.6. 6.1.3 DISTRICT COURT State-Level Administration 6.2.3 Commissioner a. Commissioners are appointed by the adminis- 5.1 General administrative authority. The Chief trative judges of the District Courts, with the Judge of the Court of Appeals is the administrative approval of the chief judge of the District Court. head of the judicial system of the state. Refer- In multi-county districts, the administrative judge ence Section 1.5.a. obtains the recommendations of the resident judge [Const., Art. IV, 118(b)1 in each county as to the number of commissioners 5.2 Administrative Office of the Courts required in the county and the people to be a. The Administrative Office of the Courts is appointed. Commissioners must be adult residents authorized by statute. of the county they serve and need not be attorneys. b. State Court Administrator They serve at the pleasure of the chief judge of (1) The position of State Court Administra- the District Court. tor is authorized by statute. b. Commissioners determine probable cause for (2) The State Court Administrator is ap- warrants and criminal summonses and conduct bail pointed by the Chief Judge of the Court of Appeals hearings. and serves at his pleasure.There are no formal [Const., Art. IV, 19; Code, C.J., 12-607; State qualifications for the position. Court Administrator] (3) The administrative office, under the management of the State Court Administrator, is Judicial Discipline responsible for planning, personnel administration, budget preparation and administration, judicial 7.1 Commission on Judicial Disabilities. The com- education programs, information systems management, mission is composed of seven members who are citi- and equipment acquisition. The administrative zens and residents of Maryland and who are appoint- office also performs secretariat duties for the ed by the Governor. Four members are judges Judicial Conference (reference Table 29: Judicial appointed from the appellate courts, the Circuit councilksand conferences), and liaison duties for Court, the Supreme Bench of Baltimore City, and the the court system as a whole. District Court; two are members of the Maryland c. Office organization. The Administrative Bar; and one member is neither a judge,.active or Office of the Courts consists of 51.5 people: 28.5 retired, nor an attorney. professionals (including the State Court Adminis- [Const., Art. IV, 14A] trator) and 23.0 clerical personnel.The profes- 7.2 Authority and procedure for sanction. The com- sional staff provides support services within five mission has the authority to investigate complaints units of the Administrative Office of the Courts: against any judge of the Court of Appeals, the judicial administrative services, judicial educa- Court of Special Appeals, the Circuit Court (in- tion services, judicial information systems, judi- cluding the Supreme Bench of Baltimore City), the cial planning services, the statistical auditing District Court, and the Orphans' Court; conduct project, and reiearch and special projects. The hearings concerning such complaints; administer State Court Administrator may appoint personnel oaths and affirmations; issue processes to compel necessary to carry out his duties with the approval attendance of witnesses and the production of evi- of the Chief Judge of the Court of Appeals. dence; and require persons to testify and produce [Code, C.J., 113-101; Administrative Office of evidence by granting them immunity from prosecil- the Courts Manual, unit descriptions; State tion, penalty, or forfeiture. All proceedings, Court Administrator] testimony, and evidence before the commission is confidential and privileged, except as provided by Quasi-Judicial Officers rule of the Court of Appeals. The record and any proceeding loses its confidential character when 6.1.1 CIRCUIT COURT filed with the Court of Appeals, except as ordered 6.2.1 Mester and juvenile master by the court. a. Misters of the Circuit Court must be members Upon receiving a verified complaint alleging of the state bar. Juvenile masters are appointed that a judge has committed actz constituting mis- by the Circuit Court With the approval of the Chief conduct in office, or has persistently failed to Judge of the Court of Appeals. All other masters perform the duties of his office, or has behaved do not require such approval. All masters serve prejudicially to the administration of justice, or at the pleasure of the court. that he has a disability seriously interfering with b. Misters hear cases assigned to them by the the performance of his duties which is, or is like- court and make findings and recommendations to the ly to become permanent, or upon its own motion, Circuit Court judge for his disposition. the commission y conduct a preliminary investi- [Code, C.J., 13-8-13; Md. R. 911e; Para.ud es: gation to dete ine whether formal proceedings Their Role in Today's Court Systems, p. 43 should be ins tirituted.. The judge is notified by registered mail bf the nature of the complaint 6.1.2 CIRCUIT COURT against him and the name of the complainant and can 6.2.2 Auditor and examiner provide the commission with such evidence as he a. Judges may appoint auditors and examiners chooses. A majority of the commission can dismiss for their respective courts as may be found neces- 273 Figure 2: Maryland state-leI administrative office of thechts,1980

Stte Court Administrator

4 D*puty Stat Court Adminit rotor

Judicial Plan ning Srvi cell, Judicil Judicial Judi c i I Int ormat ion iteear, h and Educt ion Adminitrat ive Systems Special. Se rvic Service Pro ject

A \

Circuit Balt imore Adam nitrt ore City Juvenile Court Adminiatrators

a the complaint if preliminary investigation does not or retirement of a judge. The commission files a produce sufficient cause to warrant a hearing. copy of the recommendation, as well as transcripts, If formal proceedings are instituted, the judge findings, and conclusions, with the Court of Ap- is notified by mail. This notice specifies the peals, and mails the judge notice of the filing and nature of the complaint, and the alleged facts on a copy of any document it submitted to the court. which the complaint is based, and is served in The Court of Appeals then notifies the judge of a accordance with the Maryland civil rule on service date for his hearing. This date must be within 30 of process. Within 15 days of the service of days from the date the recommendations were filed. notice, the judge may file an answer. After an The judge can submit exceptions to the recom- answer has been filed, or 151days after service if mendations within 15 days after he receives notice no answer is filed, the commission sends notice to of the filing with the Court of Appeals; the the judge by mail of the date and time of his hear- commission can file answers to such exceptions

I ins. Notice must precede the hearing date by at within 10 days after the exceptions are submitted. least 20 days. A majority of the commission must The proceeding before the court is adversary only be present for a valid hearing. if the commission decides to be represented by At the formal hearing, the judge can introduce tounsel. After oral argument, the court can remand evidence in his own behalf, can be represented by for further proceedings before the commission and counsel, can examine and cross-examine witnesses, include in its order to remand the specific reasons and can issue summons to compel witnesikes to tes- for remand, it can dismiss the proceedings entire- tify and to compel written evidence to be produced. ly, or it can affirm. A judge can waive a hearing The judge has a right to reference any transcript before the court, and let the court decide on the prepared by the commission, as well as to have any evidence before it.The Court of Appeals can on part of the testimony transcribed at his expense. its own initiative order a more severe disciplining The affirmative vote of a majority of the mem- of a judge than the commission recommended. bers of the commission present at the hearing is [Const., Art. IV, 14B; Code, C.J., SS13-401, necessary to recommend censure, removal, reprimand, 13-403; Md. R. 1227, 1227f, 1227g to 1227j, 1227n to 12270

I 275 Figure 1:Massachusetts court system, 1980

=MEM/

SUPREME JUDICIAL COURT 7 justices Jurisdiction: Court of Original jurisdietion in equity matters and cases arising last under petcffic &Unities which cannot be transferred to resort lower court. - Final appellate jurisdiction tn civil and criminal matters. - Criminal appeals of death or life imprieonmentsentence. Appellate revive of cases fro. Appeals Court on certification.

mNR.I

APPEALS COURT 10 justicee Jurisdiction: Intermediate Death penelty. - Civil actions, equity matters, adminis- appellate trative appealm, and proceeding. rolat- Life imprisonment.? court tns to xtraordinary writs. Criminal setters (except death or life Imprison- ment).

TRIAL COURT Of THE COMMDWEALTH 264 justices BOSTON MUNICIPAI COURT DEPARTMENT SUPERIOR COURT DEPARTMENT (14) DISTRICT COURT DEPARTMENT (69) 9 justices $6 justices 1$1 justices Jurisdiction. Jurisdiction. Jurisdiction: - Civil matters. - Original jurisdiction in all civil - Unlimited original civil Juris- - Felonies (fine less than $5,000, Court of and criminal matters except where diction. Smell claims under sentence le.. than 5 years). Mis- genersl another department has exclusive demeanor., moicip.1 ordinance jurisoiction original jurisdiction - felonies (sentence lass than Hears appeals of civil, criminal, five yeare), misdemesnors, violations. Appeals of cases originating in and juvenile delinquency case. from municipal ordinance violations. this department heard in an this and other departments in an Appeals of cases originating in Appellate Division. Appellate Division. this department heard in sn Jury trials (6-person). Jury trisls. Appellate Division. Jury trials (6-per.on). PROBATE AND FAMILY COURT JUVENILE COURT DEPART- HOUSING COURT DEPARTMENT (2) LAND COURT DEPARTMENT DEPARTMENT (14) justices justices MENT (4) 13 justices 7 justices Jurisdiction. Jurisdiction. Jurisdiction' Jurisdiction: (Located in Hampden County Lion6 confirmation and - Exclusive jurisdiction in and the City of Boston.) regi.tration and (Located tn Boston, Wor- domestic relations, pro- cester, Springfield, Matters (civil and crim- related matters. bate of wills, admin- and Bristol.) inal) relating to health, istration of estates, safety, or welfire of All juvenile 'utters. divorce and annulment, Jury trial. (6-person). occupant in place of human guardianahip, adoption habitation. amtter., and name

Equity.

ItIndicates route of appeal.

Judicial Court with th: Supreme Judicial Court t Appeals generally say be taken to either the Appeals Court or the Supreme deciding which court will hear which case.

,1 276 MASSACHUSETTS

Court of Last Resort 1.5 Administration The Supreme Judicial Court exercises adminis- 1.1 SUPREME JUDICIAL COURT. The Supreme Judicial tration and supervision over the entire court sys- Court sits en banc, at Boston to hear questions of tem through the Chief Justice, the Appeals Court law, beginning on the Hist Monday of October, chief justice, the administrative sssss tant of the November, December, January, Pabruary,.March, Supreme Judicial Court, the Chief Administrative April, and May, and at such other times or places Justice of the Trial Court, and the departmental as the court may order. administrative justices. Reference Section 5.1 [Massachusetts General Laws Annotated (herein- (General administrative authority). after Hass. Gen. Laws Ann.) (citations drawn a. The Chief Justice prepares the budget for from the 1978 court reorganization act note the Supreme Judicial Court.He may assign consent- the date of the legislatiOn), Chapter 211, ing retired justices to temporary service in any

Section 12 ; Rules of the Supreme Judicial court. Court of Massachusetts,-Rule 1.26] b. The justices of the Supreme Judicial Court 1.2 Organization. The court does not sit in may appoint an administrative assistant to serve panels. Questions of law, arising upon exceptiops at their pleasure. He has such powers and performs filed to a judge's ruling, the report of a judie, such duties as they determine. There are no formal or an appeal from a final order are heard a provisions regarding qualifications and specific determiined by the full court. responsibilities for the administrative assistant's (Mass. Gen. Laws Ann., Ch. 211, 151, position. 1.) Jurisdiction c. The justices appoin the clerk of the a. A single justice of the Supreme 1 (Supreme Judicial Court and m appoint an assistant Court may exercise original jurisdiction in equity clerk. The justices appoint Ifirst assistant clerks matters ssncurrent with the Superior Court Depart- 1 for the counties of Barnstabl Bristol, Essex, ment of The Trial Court. Original jurisdiction is Hampden, Middlesex, Norfolk, lymouth, Worcester, exercised by a majority of justices in the removal and Suffolk. Except in Suffolk County, assistant of certain officers (clerks of court, tounty com- clerks of the Supreme Judicial Court act as first missioners, registers of probate and insolvency, assistant clerks of the Superior Court Department district attorneys, and land court recorders). and as cdunty commissioners. Additional assistant Exclusive original equity jurisdiction remains in clerks may be appointed as provided by law. In the Supremo Judicial Court in cases arising under practice, the clerks of the Supreme Judicial Court specific statutes and which cannot be transferred hive supervisory duties. There are no formal pro- to a lower court. The court may issue necessary visions for assigning administiative duties to writs and process. clerks in addition t eir clerical and paraju- b. The Supreme Judicial Court has exclusive dicial functions. appellate jurisdiction in cases of first degree [Hass. Gen. Laws Ann., h. 211, 552A (1978), mdrder where a sentence of death or life imprison- 3A, 3B, 24 (1978), Ch. 221, 111 (1978), 3, 4 ment is imposed, in any case that the Supreme Jud- (1978), 5 (1978), 62B (1978); Chief Administra- icial Court or the Appeals Court certifies for dir- tive Justice Of the Trial Court] >ect review, or any case that has broad public con- 1.6 Rule-mikinE. The Supreme Judicial Court is cern. The Supreme Judicial Courf has appellate re- authorized to make and promulgate rules consi6ten0 view of cases decided by the Appeals Court only on with law for the regulation of its practice and certification. conduct of its business. The Supreme Court has [Mass. Gen. Laws Ann., Ch. 211, 113, 4, 4A, 17, general superintendence over all courts. Rules of Ch. 211A, 1110, 11, Ch. 213, 11A, Ch. 214, 11] court administration have not been promulgated. 's 1.4 Justices (7) [Hass. Gen. Laws Ann., Ch. 211, 53, Ch. 213, a. The Chief Justice is selected to serve until 53 (1978)1 age 70. b. Supreme Judicial Court justices' qualifica- Intermediate Appellate Court tions ea not set by statute. In practice, they have traditionally been attorneys. 2.1 APPEALS COURT. The court sits at Boston begin- c. Supreme Judicial Court justices are ap- ning on the second and third Mondays of October, pointed to serve during good behavior until age 70 November, December, January, yebruary, March,' by the Governor with the advice and consent of the April, and Hay, and at such other places or times Executive Council. By executive order, the Gover- as the chief justice of this court may order. nor has established a Judicial Nominating Commis- [Hass. Gen. Laws Ann., Ch. 211A, 54; Massa- sion (reference Table 12: Characteristics of Judi- chusetts Appeals Court Rules for the Regu- ciaki-nominAting commissions), appointed by him, to lation of Appellate Practice, Rule 1:26] assist in the screening of applicants and nominees. 2.2 Organization. The Appeals Court, wl?ich con- (Constit ion Part 2, Chapter 2, Section 1, silts of 10 justices, may oit in panel. of three

Article ; Conet. lit.2, Ch. 3, Art. 1; Chief or Fora as assigned by the chief justice. Admini tgative Justice of ths Trial Court] (Mass. Oen. Laws Ann., Ch. 211A, 111 (19716, 3] 277 t 2.3 Jurisdiction (Mass. Gen. Laws Ann., Ch. 212, 114; Annual

4 a. The Appeals Court has no original jurisdic- Report, 1979] tion. 3.3.a Jurisdiction b. The Appeals Court has concurrent appellate a. The Superior Court Department hai original jurisdiction with the Supreme Judicial Court over jurisdiction in all criminal actions and in all proceedings heard in the Trial Court in criminal civil actions except in cases where another depart- mAtters except in cases where lifeimpris6nment or ment has exclusive original jurisdiction. The the death sentence is imposed, and in civil and Superior Court Department has exclusive original equity matters, administrative determinations, and jurisdiction in civil actions for the foreclosure proceedings relating to extraordinary writs. of mortgages, and in real and mixed actions, except . (Mass. Gen. Laws Ann., Ch. 211A, 510] those in which the Land or District Court Depart- ments have jurisdiction; in complaints for flowing 2.4 Justrces (10) . a. The chief justice is selected in the same lands (lands that go under water due to alteration manner as the other justices, but is designated of a river); and in claims against the common- chief justice and serves until age 70. wealth. The Superior Court Department has exclu- b. Qualifications of Appeals Court justices are sive jurisdiction in all actions in which injunc- not et by statute. In practice, justices have tive relief is sought in any matter growing out of a labor dispute. tradiyonally been attorneys. . c. Appeals Court justices are selected in the b. The Superior Court Department has jurisdic- same manner as Supreme Judicial Court Justices. tioc in all civil actions and proceedings brought. Reference Section 1.4.c. before it by appeal or removal. The Appellate Di- lConst. Pt. 2, Ch..2, 51, Art..9; Const. Pt. vision of the Superior Court Department hears ap- 2, Ch.3, Art.1, Chief Administrative Justice peals on sentences imposed at first instance crim- of the Trial Court] inal trials held within the department. Civil 2.5 Administration actions remanded from the Superior Court Dev(rtment a. the chief justice of the Appeals Court pre- to the District Court and Boston Municipal Court pares the court budget to be,submi.tted to the Chief Departments for an initial bench trial may be ap- Justice of the Supreme Judicial Court. In addl.- pealed to the Superior Court Department for a jury tion, he assigns consenting retired Appeals Court trial de novo. ' juttices to temporarily perform judicial duties in [Mass. Gen. Laws Ann., Ch. 212, SS3, 4, 5, 6, thit court or the Trial Court. t (1978), Ch. 214, SI, Annual Report, 1979] b. There is no provision for an administrator 3.4.a Justices (56) for the Appeals Court. The clerk serves as the a. EachcIspartment of the Trial Court has an administrative officer of the court, performing administratin justice appointed by the Supreme chiefly clerical functions. Judicial Court to a 5-year term. He cannot succeed c. The first assistant clerk of thp Supreme himself. Judicial Court for Suffolk County is the clerk of b. Qualifications of SuPerior Court Department the Appeals Court. He appoints five ssistant justices are not set by statute. In practice; jus- clerks, who serve, after a 2-year prationary ticee have traditionally been attorneys. term, until age 70 during good behavi r. In prac- c. All Trial Court justices are appointed to tice, the clerk of the Appeals Court has supervis- serve during good behavior until age 70 by the - ory duties. There are no provisions for assigning Governor with the advice and consent of the Execu- administrative duties to the clerk. tive Council. By executive order, the Governor hss [Mass. Gen. Laws Anni, Ch. 211A, 557 (1978), established a Judicial Nominating Commission (re- Characteristics of judicial 8,16 (1978), Ch.- 221, 594 (197 ference Table 12: nominating commissions), appointed by him, to assist 2.6 Rule-making. The AppealsCourt'Alubjectto the approval of the Supreme Judicial court, adopts in the screening of applicants and nominees. rules regulating practices, procedures, and inter- lConst. Pt.2, Ch. 2, SI, Art. 9; Mass. Gen. nal administration of the court. Laws Ann., Ch. 211B, 552 (1978), 5, Chief iMass. Gen. Laws Ann., Ch. 211A, S13; Chief Administrative Justice of the Trial Court] Administrative Justice of the Trial Court] 3.5.a Administration a. Subject to the superintending power of the Court of GeneraltJurisdiction Supreme Judicial Court and the administrative authority of the Chief Administrative Justice of the 3.1 TRIAL COURT OF THE COMMONWEALTH Trial Court (reference Section 5.2.8), the adminis- The 1978 court reorganization created a unified trative justice is the administrative head of his Trial CoUrt of the Commonwealth consisting of seven department, per clerks, and other. officers.

departments: the Superior Court, the Housing . He has responsibility for the administrative Court, the Land Court, the Probate and Family management of the personnel, staff services, and Court, the Boston Municipal Court, the Juvenile business of his department Including financial Court, and the District Court Departments. administration and budget preparation, record- [Mass. Cen.'Laws Ann., Ch. 211B, SI (1978)] keeping, information systems and statistical controls, purchasing, the planning of construction, 3.1.a SUPERIOR COURT DEPARTMENT. Statutes specify caseflow management, and sitting assignments for 21 regular sittings of the Superior Court Depart- the justices of his department. ment. The administrative justice may establish b. There are no provisions for administrators special sittings. for the separate departments of the Trial Court. [Mass. Gen. Laws Ann., Ch. 212, 5514, 14A Reference Section 5.2.b (state-level administra- (1978)] tor). c. There are two elected clerks for the Supe- 3.2.a Organization. The Superior Court Department holds sessions in 14 counties. The Superior Court rior Court Department of Suffolk County. In each Department has an-Appellate Division that hears of the other counties there is one elected clerk. appeals on sentences in criminal cases.

278

f)(1p. %, The justices of the Supreme Judicial Court may (Mass. Gen. Laws Ann., Ch. 185C, S9 (1978); appoint first assistant clerks, and the clerks of Chief Administrative Justice of the Trial court may appoint additional sssss tent clerks, as Court] provided by law. There are no formal provisions 3.6.b Rule-making. The administrative justice of for assigning administrative duties to the clerks, the Housing Court Deeartment makes general rules in addition to their clerical and parajudicial and forms .of procedufe that must be approved by the functions. Supreme Judicial Court or a justice thereof. [Mass. Gen. Laws Ann., Ch. 211B, 110 (1978), [Mass. Gen. Lava Ann., Ch. 185C, S7 (1978)] Ch. 221, 113, 4 (1978), 5 (1978), 14 et. seq. (1978), 62B (1978)1 3.1.c LAND COURT DEPARTMENT. The Land Court 3.6.8 Rule-making. The Superior Court Department Department sits in continuous session. is authorized to make and promulgate rules consis- [Mass. Gen. Laws Ann., Ch. 185, 111 tent with law for the regulation of its practice 3.2.c Organization. There is one statewide court and conduct of its business. Rules of court admin- in the Land Court Department, which sits at Boston, istration have not been promulgated. but hearings may be held elsewhere. (Mass. Gen. Laws Ann., Ch. 213, 13 (1978)1 [Mass. Gen. Laws Ann., Ch. 185, 11 (1978)1 3.3.c Jurisdiction 3.1.b HOUSING COURT-DEPARTMENT. The Housing Court a. The Land Court Department has exclusive Department sits in continuous session. jurisdiction throughout the state in suits to con- (Mass. Gen. Laws Ann., Ch. 185c, 15] firm title to land, foreclosures, writs of entry, 3.2.b Organization. The Housing Court Department validity of encumbrances, the discharging of mort- is codpased of a division for Hampden County and a gages, the transferring of interests in real division for the City of Boston. estate, determination of boundaries, and determina- (Mass. Gen. Laws Ann., Ch. 185C, 11 (1978)1 tion of validity of municipal zoning. Its juris- 3.3.b Jurisdiction diction is concurrent with the Superior Court a. The divisions of the Housing Court Depart- Department and the Supreme Juclicial Court in all ment have jurisdiction concurrent with the Superior cases in equity involving right, title, or interest Court and District Court Departments over all crim- in land. inal actions and all civil actions arising in their b. The Land Court Department has no appellate geographical jurisdiction as defined by statute. jurisdiction. They have jurisdiction as is concerned with the Ness. Ggn. Laws Ann., Ch. 185, 111 health, safety, or welfare of any occupant of any 3.4.c Justices (3) plAce used as a place of human habitation. They a. Reference Section 3.4.1.a. also have jurisdiction in equity concurrent with b. Qualifications of Land Court Department jus- the divisions of the District Court Department, the tices are not set by statute. In practice, jus- divisions4the Probate and Family Court Depart- tices have traditionally been attorneys. ment, the Teperior Court Department, the Appeals c. All Trial Court justices are selected as Court, and the Supreme Judicial Court. In all indicated in Section 3.4.a.c.- matters within their jurisdiction, the divisions (Chief Administrative Justice of the Trial have all the powers of the Superior Court Depart- Court] ment including the power to grant temporary 3.5.c Administration restraining orders and preliminary iniunctions, and a. The position of administrative justice of have Jike power and authmrity for enforcing orders each department of the Trial Court is'describect in sentences, and judgments, and for punishing con- Section 1,5.a.a. tempts. b. There are no provisions for administrators b. The Housing Court Department has no appel- for the separate departments of the Trial Court. late jurisdiction. Reference Section 5.2.b (state-level administra- [Mass. Gen. Laws Ann., Ch.158C, 13 (1978)1 tor). 3.4.b Justices (3) e% A recorder is appointed by the Governor with a. Reference Section 3.4.a.a. the advice and consent of the Judicial council b. Housing Court Department justices' quSlifi- (reference Table 29: Judicial councils and confer- cations &re not set by statute. In practice, they ences) to serve as clerk of the Land Court Depart- have traditionally been attorneys. mnent. In practice, the clerk has supervisory du- c. All Trial Court Justices are selected as ties. There are no formal provisions for assigning indicated in Section 3.4.a.c. They serve for life administrative duties to the clerk. (Chief Adminiltrative Justtce of the Trial [Maas. Gen. Laws Ann., Ch. 185, 16 (1978), Court) Chief Administrative Justice of the Trial

3.5.b Administration Court] , a. The position of addinistrative Justice of 3.6.c Rule-making. From time to time the Land' each department of the Trial Court is described in Court-makes general rules and forms for procedure, Section 3.5.a.a. which must be approved by the Supreme Judicial b. There are no provisions for administrators Court or by a Justice thereof. for the separate departments of the Trial Courts. (Mass. Gen. Laws Ann., Ch. 185, 11] Reference Section 5.2.b (state-level administrator). 3.1.d PROBATE AND FAMILY COURT OEPARTMENT. The c. A clerk is appointed by the Governor, with Probate and Family Court Department sits in Con- the advaLm.and consent of the Judicial Council tinuous session. (reference Table 29: Judicial councils and confer- (Mass. Gen. Lava Ann., Ch. 215: 1158] ences), to each division of the Housing Court De- 3.2.d Organization. The Probate and Family Court partment. In practice, the clerks have supervisory Department consists of 14 divisions, one for each duties. There are no formal provisions for assign- county. ing administrative duties to the clerks. Nass. Gen. Laws Ann., Ch. 215, 11 (1978))

279, 3.3.d Jurisdiction 3.3.e Jurisdiction a. The Probate and Family Court Departmenthas a. The Bostdn Municipal Court Department has exclusive jurisdiction in probate of wills, admin- criminal jurisdiction concurrent with the Superior istration of estates, divorce and annulment, Court Department in statutorily specified offenses appointment of guardrans, adoption, and name (misdemeanors, municipal ordtnance violations, and changes. It has concurrent jurisdiction with the felonies punishable by less than 5-years imprison- SupericOr Court Department in equity cases, except ment) committed in its geographical jurisdiction. for injunctions in labor disputes. The Boston Muntcipal Court Department has jurisdic- b. The Probate and Family Court Department has tion in all civil actions in which money damages are sought, if at least one defendant lives or oono appellate jurisdictton. [Mass. Gen. Laws Ann., Ch. 215, 113, 61 works in Suffolk County. 3.4.d Justices (33) b. The Boston Municipal Court Department holds a. Reference Section 3.4.a.a. jury of six sessions for the purpose of hearing b. Qualifications of Probate and Family Court first Instance criminal complaints and de novo sp- Department justices are not set by statute. In peals'from the 9 district level courts in Suffolk practice, Justices have traditionally been attor- County. The Appellate Division hears appeals of bythe department. neys. civil cases previously decided c. All Trial Court justices are selectedAs 1Mass. Gen. Laws Ann., Ch. 218, 1S26, 27A, 541 indtcated in Sectton 3.4.a.c. 3.4.e Justices (9) (Chief Admintetrattve Justice of the Trial a. Reference Section 3.4.a.a. b. Qualifications of Boston Municipal Court De- Court) In prac- 3.5.d Administration partment justices are nor set by statute. a. The position of administrative justiceof tice, justices have traditionally been attorneys. each department of the Trial Court is described in c. All Trial Court justices are selected as Section 3.5.a.a. indicated in Section 3.4.a.c. b. There are no provisions for administrators 1Chief Admtnistrative Justice of the Trial for the separate departments of the Trial Court. Court) Reference Section 5.2.b (state-level administra- 3.5.e Administration a. The posttion of admintstrative justtce of tor). each department of the Trial Court is described in c.In each county a register is elected to serve a 6-year term in the Proate and Family Court Section 3.5.a.a. b. There are no provisions for administrators Department. The register has responsibility for the following duttes caring for and having cus- for the separate departments of the Trial Court. tody of all books, documents, and papers pertaining Reference Sectton 5.2.b (state-level admi9tstra- to his Court, deposited with the records ofinsolv- tor). ency, or filed in the registry of probate; supply- c. Two clerks are appointed by the Governor ing county officials with appropriatedocuments, with the advice anb consent of the Judicial Coun- and accounting for and paying over to the state cil to the Boston Municipal Court Department. In treasurer all fees and compensation that have been practice, the clerks have supervisory duties. received by him other than salary. He is also There sre no formal provisions for assigning admin- responsible for issuing all processes and all war- istrative duties to the ilerks. rants, letters, and licenses necessary to carry in- (Mass. Gen. Laws Ann., Ch. 218, S8; Chtef to effect any order, judgment, or decreeof the Admintstrative Justice of the Trial Court) In addition, he has responsibility for 3.6.e Rule-maktna. The justtces of the department court. Judi- receiving or plactng on file complaints, petitions, may, subject to the Approval of the Supreme and applications to the Probate Court or the court cial Court, make rules regulating Its practice and of tnsolvency and issuing orders of notice, sum- for conducting Its business. monses, and citattont, if required. He is respon- (Mass. Gen. Laws Ann., Ch. 218, J50 (1978)1 sible for other duties as required by law or pre- The Juvenile scrtbed by the judge. 3.1.f JUVENILE COURT DEPARTMENT. [Mass. Gen. Laws Ann:, Ch. 54, 1156, Ch. 217, Court Department sits in continuous sessions. [Mass. Gen. Laws Ann., Ch. 218, 1381 14, 13, 15, 16,18, 19, 20, 21, 221 The department is composed of 3.6.d Rule7making. The judges of the department 3.2.f Organization. prescribe forms and make rules for regulating the four divis[ons, sitting at Boston, Worcester, practice and Conducting the businessin their Springfield, and Bristol. [Mass. Gen. Laws Ann., Ch. 218, S57 (1978)) courts. The Supreme Judicial Court may alter and amend or make other rules and forms for the courts 3.3.f Jurisdiction a. Within their territorial limits, the divi- as tt considers necessary. Ness. Gen. Laws Ann., Ch. 215, /30) sions of the Juvenile Court Department have jurisdiction IA cases involving juvenile offenders under child- 3.1.e BOSTON MUNICIPAL COURT DEPARTMENT. The age 17; neglected, dependent, or delinquent Boston Municipal Court Department sits in continu- ren; and adults contributing to thedelinquency ,of ous sssss on. children. [Mass. Gen. Laws Ann., Ch. 218, $381 b. The Juvenile Court Zepartment has no appel- 3.2.e Organization. There is one court., in the late jurisdiction. [Mass:. Gen. Laws Ann., Ch. 218, 660) Bostlp Municipal, Court Department. The-edministrative justice designates at least onedivision of 3.4.f Justices (7) the court for the purpose of hearing appeals to a a. Reference Section 3.4.a.a. - b. Qualifications of Juvenile Court Department jury of "six. [Mass. Gen. Laws Ann:, Ch. 218, 1127A, 50 justices are not Set by statute. In pi-actice, justices have traditionally been attoreeys. (1978))

280 C. All Trial Court justices are selected as in- (Chief Administrative Justice of the Trial dicated in Section 3.4.a.c. Court) (Chief Administrative Justice of the Trial 3.5.g Administration

Court] a. The position of administrative lu,tiLe flt i.s.f Ailministrati)n _ each department of the Trial Courtis described in a. The pusiti ,r1 of administrative justice of Section 3.5.a.a. each department of the Trial Courtis described in b. There are no provisions for administrators Section 3.5.a.a. for the separate departments of ihe Trial Court. b. There are no provisions for administrators Reference Section 5.2.b (state-level administra- for the separate departments of the Trial Court. tor). Reference Section 5.2.b (state-level administra- c. A clerk is appointed by the Goverapr, with tor). the advice and consent of the Judicial Council to c. A clerk is appointed by the Governor, with each District Court Department. In practice, the the advice and consent of the Judicial Council to clerks have supervisory duties. There are no for- each division of the Juvenile Court Department. mal provisions for assigning administrative duties In practice, the clerks have supervisory duties. to the clerks. There are no formal provisions for assigning admin- [Mass. Gen. Laws 5nn., Ch. 218, 58; Chief istrative duties to the clerks. Administrative Justice of the Trial Court) [Mass. Gen. Laws Ann., Ch. 218, 558 (1978), 3.6.g Rule-making. The adminiatrative justice of Chief Administrative Justice of the Trial the department is responsible for making and pro- Court] mulgating rules of practice and procedure, subject 3.6.f Rule-making. The administrative justice for to the approval of the Supreme Judicial Court. the department may provide procedural forms and [Mass. Gen. Laws Ann., Ch. 218, S43 (1978)1 make general rules in reference to practice and procedure for conducting businesi in the Juvenile Court of Limited or Special Jurisdiction Court Department or in the juvenile sessions of the District Court Department, subject to the approval 4.0 There are no courts of limited jurisdicti'on in of the Supreme Judicial Court. Massachusetts. These courts were incorporated in [Mass. Gen. Laws Ann., Ch.218, 560 (1978)1 the general jurisdiction court by the passage of the 1978 court reorganization act which created the 3.1.g DISTRICT COURT DEPARTMENT( The District unified Trial Court. Court Department sits in continuous session. [Mass. Gen. Laws Ann., Ch. 21113,51 (1978)1 [Mass. Gen. Laws Ann., Ch. 218, 5381 3.2.5 Organization. The District Court Department State-Level Administration consises of 69 geographical divisions. The administrative justice for the District Court Department 5.1 General administrative authority. The Supreme designates at least one division in each county to Judicial Court approves rules and regulations pro- hear appeals to a jury of six. mulgated in the Trial Court. The justices may pro-: [Mass. Gen. Laws Ann., Ch. 218, 551, 27A vide tor the holding of conferences of judges and (1978)] members of the bar. Subject to the superintending 3.3.8 Jurisdiction power of the Supreme Judicial Court, the Chief a. The DistrictCourt\pepartment has criminal Administrative Justice is the administrative head jurisdiction con rent with the Superior Court of the lrial Court of the Commonwealth. Reference Department, ies punishable by imprisonment Section I.5.a. of not mo4e ars, all misdemeanors except [Mass. Gen. Laws Ann., Ch. 185C, 57 (1978), Ch. libel, vip munickpal ordinances, and 211, S38 (1978), Ch. 21IA, 513, Ch. 211B, 59 other sta ned crimes. It also conducts (1978), Ch. 213, 53 (1978), Ch. 215, 530, Ch. probable , regardless of final juris- .218, S543, 50, 60 (1978)1 diction.. ?Court Department has un- 5.2 Office of the Chief Admknistrative Justice of limited t tion conctrrent with the the Trial Court Superior Court DePart ent, and exclusive juvenile a. The office is authorized by statute. jurisdiction if no separate Juvenile Court bepart- b. Chief Administrative Justice of the Trial ment exists. It hears support cases, municipal Court code violations, petitions to award compensation (1) The position of Chief Administrative to victims of violent crimes, and sma11 claims up Justice is established by statute. to $750.,,, (2) The Chief Administrative Justice is b. The District Court hears appeals in cases selected by the $upreme Judicial Court from a list to jury-of-six sessions of criminal defendants pre- of three justices submitted by the justices in each viously found guilty in the District Court. It department. The Chief Administrative Justice must also hears juvenile appeals for jury tr,ialfrom itbe a justice of one of the departments of the Trial self or from the Juvenile Court Department. Court. He serves a 7-year term and may not succeed [Mass. Gen. Laws Ann., (h.111, S127, Ch. 119, himself. S2.4, 56, Ch. 123, 18, Ch. 218, SS19, 21, (a) The Chief Administrative Justice has the 26(1978), 30, Ch. 258A,52, Ch. 273A1 following responsibilities prepare and submit to 3.4.g Justices (153) the Chief Justice of the Supreme Judicial Court the a. Reference Section 3.4.a.a. budget for the entire Trial Court; assign justices b. Qualifications of District Court justices from one department to another, subject to certtin ere not set by statute. In practice, justices have statutory specifications, and investigate reports traditionally been attorneys. of noncompliance of Trial Court justices, and, as c. All Trial Court justices are selected as necessary, reports such justices to the Supreme indicated in Section 3.4.a.c. Judicial Court.

231 r)(11 4

t I Oil

Figure 2:Massachusetts state-level administrativeoffice of the courts, 1980. c!-

,.....i 0 44

Chief Administrative

"t Justice ' t

# a Administrativd Sec retry g.

Trial * Court Administrator ...

LL L ____L___ _i__ _i_. _i___. Employte !facia Research - and Legal Personnel Relations Affairs .D Development Departmecl 1 r- Department r- 'Department r-- Department ProcAliril Department Department 1 1 1 1 1

1 1 1 - Manager - Manager Director Masager Manager J 1 Manager 1 1 1 Project leader(s) PlannLng Adminiatrative Personnel specialist 1 Associate counsel Budget analtsis Grant management - Programmer(*) Public informati n attorney Rdic tion 1 I 1' , 1 Accounting Lead programmer Bookkeeping - Keypunch i 1 1

Secretarial Assistance

r 1

r c (4) The position ,of Administrator of Courts 6.2.3 Magistrate (clerk magistrate) was authorized by the *78 court reorganization act a. Some clerk-magistrates are elected and some of the legislature. The Court Administrator 14 are appointed by the Governor. Clerks of court for appointed by the Chief Xdministrative Justice with the counties, the clerksi'of the Superior Court De- the approval of the Supreme Judicial Court. The partment for criminal snd civil business in Suffolk Codrt Administrator performs, such duties and fe- County, clerks of the Housing Court Department, sponsibilities ss the chief administrative justice registers of the Probate and Family Court Depart- may designate. ment, and clerks of Districe Court, Juvenile Court, c. Office organization. The Trial Court Admin- and of the Boston Municipal Court Departments also istrative Office Is divided Into six departments have the title of magistrate for their particular and consists of 45 people: 37 professionals (In- department or division. cluding the Chief Administrative Justice of the b. A magistrate,In addition to his powers and Trial Court) and 8 clerical personnel. The profes- duties as clerk, has the following duties: (1) sional staff provides support services In the fol- grants continuances where there is agreement lowing areas. systems analysis, programming, com- between parties, (2) makes rulings on uncontested puter operations, records management, forms de- nonevidentiary motions, (3) calls pretrial confer- velopment, and field representation; services of a ences and sets trial dates, (4) mediates small court officer, payroll, accounting, budgeting, and claims disputes; (5) hears complaints for minor grant mana.went, education and training, personnel ttor vehicle offenses, (6) reviews'dog complaint systems and employee relations, legislative, execu- ders, and (7) conducts preliminary pr4ation vio- tive, public, and media Information, legislative lation hearings. Such duties are subject to allow- liaison, and executive liaison, and planning and aNae by rule of court. research activities, which Include statistical com- [Mass. Gen. Laws Ann., Ch. 221, 462 (1978)] pilation, judicial planning, research, evaluation, statistical analysis,.legal services, and legisla- 6.1.4 PROBATE AND FAMILY COURT DEPARTMENT, JUVENILE tive drafting. COURT DEPARTMENT, AND DISTRICT COURT DEPARTMENT [Mass. Gen. Laws Ann., Ch. 211B, 446 (1978),9 6.2.4 Guardian ad liters. (1978),11 (1978),12 (1978), Chief Administra- .a. Guardians ad litem are appointed by the tive Justice of the Trial Court] court and must be considered suitable for the position. Quasi-Judicial Officers b. Guardians ad litem act as legal.representa- [Ives for minors, mentally retarded persons, and 6.1.1 SUPERIOR COURT DEPARTMENT, PROBATE AND FAMILY persoos under a disability, or persons not ascer- tOURT DEPARTMENT, HOUSING COURT DEPARTMENT, LAND tained or not In being, who may be or may become

COURT DEPARTMENT ' Interested In any real or personal property or In 6.2.1 Masters the enforcement or defense of any legal rights as a. Masters are appointed by the justice before to matuers and actions before the court. whom the action Is brought. Masters must be mem- [Mass. Gen. Laws Ann., Ch. 201, 434] bers of the bar In good standing and have expertise In the area In which they are appointed. 6.1.5 SUPERIOR COURT DEPARTMENT b. Masters are responsible'for the following 6.2.5 Bail commissioner duties. making findings of factIn matters as- a. Ball commissioners are appointed by the Su- signed to them by the jvstices of the departments, perior Court Department. ascertaining any evideffice, determining any reasons b. Bail commissioners determine releases on for providing reports on Issues, ball or personal recognizance and are paid on a fee If required, maki sure all parties have been basis. joined, checking pleadings to see If they need [Administrative Assistant to the Supreme clarification, meeting with the Judicial Council, Judicial Court] setting time and place for hearings and Insuring a date Is set, and setting rules on matters. Judicial Discipline [Chief Administrative Justice of the Trial Court] 7.1 Commission on Judicial Conduct. The commission consists of nine members selected as follows: 6.1.2 HOUSING COURT DEPARTMENT three justices, not of the Supreme Judicial Court 6.2.2 Housing specialist and nut two of whom are from the same department of a. The first (senior) justice of a division of the Trial Court, appointed I));the Supreme Judicial the Housing Court Department may appoint as many Court, three lawyers, appointed by the Chieflalmin- housing specialists as the administrative justice istrative Justice of the Trial Court; and three determines. Housing specialists must be knowledge- nonlawyers, appointed by the Governor. able In physical structures,landlord-tenant rela- [Mass. Gen. Laws Ann., Ch. 211C,41 (1978)] tions, state and federal laws concerning housing, 7.2 Authori,ty and procedure for sanction. The and the financing and resolution of housing prob- commission has authority to investigate complaints lems. The housing specialists serve at the about judges concerning willful misconduct in pleasure of the first justice. office, willful and persistent failure to perform, b. Housing specialists have powers and duties duties, habitual intemperance, or other conduct ss prescribed by the first justice of the division. prejudicial to the adminrstration of justice and [Mass. Gen. Laws Ann., Ch. 185C, 416 (1978)] bringing the judicial office into disrepute, and conduct that violates the Canons of Judicial 6.1.3 SUPERIOR COURT DEPARTMENT (CRIMINAL AND CIVIL Ethics. IN SUFFOLK COUNTY), HOUSING COURT DEPARTMENT, PRO- The commission Is authorized to adopt rules, BATE AND FAMILY COURT DEPARTMENT, DISTRICT COURT which must be approved by the Supreme Judicial DEPARTMENT, JUVENILE COURT DEPARTMENT, BOSTON MU- Court. Subject to these rules, the commission has NICIPAL COURT DEPARTMENT the power to subpoena witnesses and documents, order depositions to be taken, administer oaths and 283

° affirmations, compel testimony, awl has any other findings to the judge and to the Supreme Judicial power necessary to obtain information andconduct *Court for its consideration and further action, if The commission submits annually to the legis- hearings. All proceedings are confidential. When any, the commission finds cause for a hearing, the judge lature and the Supreme Judicial Court a report of is permitted to present evidence, and subpoena and its activities and recommendations, which become a cross-examine witnesses. Upon completion of the matter of public record. investigation, the commission recommends an appro- [Mass. Gen. Laws Ann., Ch. 211C, ii2 (1978), 4 priate disposition of the matter and forwards its (1978)1

(

r) C11

284 MICHIGAN1 ,

Court of Last Resort [Const., Art. VI, 15; State Court Administra- tor] 1.1 SUPREME COURT... The Supreme Court s Intermediate Appellate Court Lansing and holds bur terms a year, the ates of which are set by court rule. 2.1 COURT OF APPEALS. The court sits in Lansing, [Michigan Stat4tes Anncitated (hereinafter Detroit, Grand Rapids, and Marquette. There are M.S.A.) 127A.2121 nine terms a year, each beginning on the first 1.2 Organization. The Supreme Court does not sit after the first Monday each month from in panels or divisions. Octobe'r to June. 1.3 Jurisdiction [M.S.A. 527A.311; G.C.R., Rule 800] a. The Supreme Court may issue orders of super- 2.2 OrEanization. The Court of Appeals is divided intending control when it is necessary to implement into three geographic districts. Appeals are heard its superintending or supervisory control power by 3-judge panels, with the judges rotated between over the courts of the state.These orders replace panels so that each judge sits with each other the usual writs of certiorari, mandamus, and prohi.- judge with equal frequency.A decision of any bition. panel is controlling throughout the state. b. The Supreme Couit has appellate juriadiction [M.S.A. 527A.301 to 127A.310 over orders of dismissal or discipline of the State 2.3 Jurisdiction Bar Giievance Board, orders of the Judicial Tenure a. The'Court of Appeals has original jurrsdic- Commission (reference Section 7.1), and all other tion to issue prerogative and remedial writs or appeals pending or decided by the Court of Appeals. orders as provided by court rules and a so author- [M.S.A. I27A.217; General Court Rules ity to issue any writs, directives, an mandates (hereinafter G.C.R.), Rules 711, 8511 that it judges necessary and expedien o effec- Juqices (7) tuate its determination of cases. a. the Chief Justice ks elected to a 2-year b. The Court of Appeals has appellate jus c- term by peer vote. tion over all final judgments frOm the Circui b. Supreme Court justices must be qualified Court and the Court of Claims. The court also as voters who are licensed to practice law and are appellate jurisdiction over final judgments o the less than 70 years of age. Recorder's Court of Detroit, except those judents c. Supreme Court justices are elected to 8-ye4r of the Traffic and Ordinance Division, and ov r the terms in nonpartisan general elections.Whenever final orders of the Probate Court dealing wi a vacancy occurs in any court, the Governor adoptions, trust estate cases, and condemena ion appoints a person to serve until the next general cases. election. M.S.A. 5527A.308, 27A.3101 [Constitution, Article VI, 112, 23; M.S.A. 2.4 Ju es (18) 127A.202; G.C.R., Rule 9001 a. Th (judge of the Court of Appeals is 1.5 Administration elected to a 3-year term by his peers. The chief a. The Chief Justice is .the head of the judi- judge designates a presiding judge for each geo- cial system. He performs duties required by the graphic district.

Supreme Court, which appoints an Administrator of . b. Court of Appeals judges must meet the same the Courts and other assistants of the Supreme qualifications as Supreme Court j.ustices. Refer- Court as needed to aid in the administration of ence Section 1.4.b. the courts of the state.Reference Section 5%1 c. Court of Appeals judges are e ected to 6- (General administrative authority). year terms by the voters of their re pective dis-' b. Reference Section 5.2.b (state-level admin- tricts at ponpartisan.elections. istrator). [Const., Art. VI, 59; G.C.R., R le 800.71 c. Every court in the state has the power to, 2.5'Administration appoint a clerk. There are no statutdry provisions a. The chief judge and the pres ding judges for assigning duties to these positions.The clerk have no statutorily defined dutiesith regard to of the Supreme Court has responsibilities as deter- the administration of the Court of kppeal.. mined by the court. b. There is no provision for an administrator [Const,, Art. VI, 113,7; Michigan Compiled for the Court of Appeals. Reference Section 5.2.b Laws Ainotated (hereinafter M.C.L.A.) Section (state-level administrator). 600.152] c. A chief clerk of the Court of Appeals is 1.6 Rule-making. The Supreme Court is empowered appointed by the court and serves at its pleasure to promulgate rules of practice and procedure for He has supervisory duties. all courts in the statg, The Supreme Court also [M.S4A. 527A.317; State Court Administrator] makes ad inistrative tildes for other courts. 2.6 Rule-making. Reference Section 1.6,

285 4

Figure 1:Michigan court system, 1980

SUPRF11F tOURT Court of 7 justices last Jurisdiction. resort Rears cases that are appealedtoitfrom the Gourt of Appeals.

COURT OF APPEALS (3 Panels) IN Judges *04 Jurisdiction Intermediate Appeals te. A matter of right astocases originating In the Circuit (ourt, appeals by certiorari appellate of came,: from the Circuit Court originating in the court tourta of limited Jurisdiction-or the RecorAr's Court. Appeals an.1 matter of rightfromthe Probate fount in the following matter,: final order... in [mat and eotate cases, adopt ion orde rnand f inal orders inandemnat anea. I ana matter of right (rom tire Het order's (our(eu ept)11dgnIent n on ordinan. ions in the Troltic and ohdins Division ofthe

16 k no ( ourt ta.Itter .1right 1r,inti,e2 (ourt of I talon.

Other.than ordinance violations.

mum" 1 I RI pm- milur (12) RFCORlin'S COURT4 DETROIT 147 Indges ha- 2h judgea l RFCORDFR'S COURT ORDINANCE AND TRAFFIC Trustind ,1 kI,l' I r( MINT I (WWI. OF ('LAIMS estate, 1:7iodgen (DI vision of The 30th lu ri ad i ct ion DIVISION adopt ion, lorisdi,t ion Judicial Circuit) All criminal Jurisdiction Oril o i,,e within Municipal ordinance Court of onder, he,l o s t , .domest i crel. I- ( 1 0 t h (1 r , n i r ludge, nerve ho blind draw) Det rot t . violat ions. general n ion. ti.olo,4 q, It v,ind vener II Jurisdiction /.r 51,,,,)).. hit i )41( .t ion violat ions Traf f ic cases. io. lo,fit., tohino wind( - Fo. losIceIt, f sdfi

I . t 1.. 0 o s te p twhere n p i,II t i on overI dm, . rImi la; ..itrt selt I , t . and demand., againat

Appe , I . d.n oc. or ,..,r, .. rd. St It e. No iIII,t r (all. Int,t I.IIN. dory trial..

COURT (8) PRIIIIATE1111151(MI) DISCRIIT ( 98) MUNICIPAI 1,th fudge, .114(udge., 8 Judge, J,;ri,dit ion kir t ion Turiadiction 1,landlord and - hoc los ioetnr - - Fur 1 t /On rayes lit igat. Ion under tenant 'tinder SI,500. pertaining t 0 wi I 0111,111)(1 ex. lod I ng Small claims in some rt ond ,r1 her egoitv. Sna I1 r..lat 0.1 mat ter, under 1600. Mindemeanors and ordin- Ex. 1os hie Miademeanors, ordl - ance violat ions with thanSSOM and v ,de y. nd. v , nand,' violat ton% fine less neole..Itir with sentence. leas sentence less than 3 months. t than I year, prelimi- Courts of fors,t nun in nary he irings. Traffic jleten. turn r la len limited I.,12.mi ie. toryt rIal jurisdiction

COMMON PLI.A., COURT OF DFTROIT II Judges

COMMON PLFAS COVRT CON,CILIATION LANDLORD AND TENANT OF DETROIT DIVISION DIVISION Jurisdiction, Jurisdiction Jurisdiction. Excluelve civil - Small claime - Landlord and actions under . under $300 tenant cases $5,000 in Detroit. in Detroit. in Detroit. - Criminal arraign- menta in Wayne County. Jury. trials. 11111.

Ind('ate. foUt,"of appeal. 11

206 Courts of General Jurisdiction 114.S.A. $27A.64071 3.2.1b Organization. The geographical 3.1.1a CIRCUIT COURT. Sessions of court sre held jurisdiction of the Court of Claims is statewide. at least four times a year in each county organized There sre no specialized divisions of the court. for judicial purposes. (M.S.A. 527A.64191 [Const., Art. VI, ill] 3.3.1b Jurisdiction 3.2.1s Organization. The state is divided into 52 a. The Court of Claims has exclusive jurisdiction over all claims and demands against the state. Judicial circuits, which encompass 1 to 4 counties each. The Court of Claims is a division of the b. Tti Court of Claims has no appellate juris-. It hears ap- 30th Judicial Circuit (rOlerence section 3.1.1b). diction over cases from other courts. [State Court Administrator] peals of ailministrstive agency cases. , 3.3.1a jurisdiction [M.S.A. 527A.64041 a. The Crrcuit Court exercises exclusive origi- 3.4.1b Judges (Circuit Court judges of the 30th nal jurisdiction in felony cases except where a Judicial Circuit Court serve by blind draw when the special criminal court has been created. It exer- Court of Clialmsis in session.) cises exclusive civil jurisdiction in domestic a. Tho Court of Claims does not have a presid- relations, equity, and general civil cases where ing judge. the amount in'controversy exceeds $10,000. The b. Reference 3.4.1a.b. Wayne County Circuit Court exercises concurrent C. Reference 3.4.1a.c. jurisdiction with the Common Pleas Court of Detroit , 1M.S.A. §27A.64071 in civil matters where the amount in conteoversy 3.5.16 Administration is between $5,000 and $10.000. a. There is no provision h)r a Lhiet judge for b. rhe Circuit Court hears appeals from final the Court of Claims. judgments trom District, Probate, and Common Pleas b. There is no provision tor an administrator Courts, and from the Traffic and Ordinance for the 0ourt of Claims. Reference Section 5.2.b Divisio# ot the Recorder's Court. Appeals from (state- ever administrator). the Municipal Court are tried de novo. C. P State Court Administrator appoints and [Const., Art. VI, 513, National Survey of removes te clerk/stenographer of the Court of Court Organization. pp. 159-1601 Claims. He has resp7sibilities as determined by 3.4.1s Judges (147) the court. a. There is no provision for a chief judge over [M.S.A. 527A.64101 all the circuits of the Circuit Court. In circuits 3.6.1b Rule-making. Reference Section 1.6. with two or more judges, the chief judge Is elected to a 2-year.term by peer vote. 3 1.2 RECORDER'S COURT OF DETROIT. According to b. Circuit Court judges must meet the same statute the Recorder's Court meets for six terms per calendar year, beginning on the first Wednesday qualifications as Supreme Court justices. Refer- . ence Section 1.4.b. of January, Marche May, July, September, and c. Circuit Court judges are elected to 6-year November. The terms last as long as necessanv. terms by the voters of their respective circuits In practice, the court sits in continuous session. in nonpartisan elections. 1M.S.A. 27.3573, State Court Administrator] [Const., Art. VI, 512, G.C.R., Rule 9251 3.2.2 Organization. The Recorder's Court has geographic jurisdiction within the city limits of 3.5.1a Administration a. Whereas thereis no provision for a chief Detroit. The court has a special Traffic and judge over all the circuits of the Circuit Court, Ordinance Division: circuits with two or more judges have chief judges. 1M.S.A., S27.35611 The chief judges of the trial courts have the fol- 3.3.2 Jurisdiction lowing responsibilities call meetings of the a. The Recorder's Court has original jurisdic- court, appoint committees, supervise caseload man- tion over all criminal cases arising within the agement, coordtnye the work of judges, supervise city limits of Detroit. The Recorder's Court can court personnel)Passign cases, and supervise court also hear applications for writs of.habeas corpus. Its Traffic and Ordinance Division has ex- finances, b. There is no provision for an administrator clusive original jurisdiction tn all traffic and over all the circuits of the Circuit Court. Any ordinance violations. Circuit Court with 20 or more jud4es can recommend b. The Recorder's Court has no appellate juris- a court administrator for its court. At present, diction. 16 Lircuits have appointed administrators. The [M.S.A. SS27.3551, 27.3561, National Survey of administrator is appointed and removed by the Court Orsanization, p. 1601 Governor on the recommendation of the court. 3.4.2 Judges (26) Duties of the court administrators are locally a. The chief judge of the Recorder's Court is determined. elected by his peers. c. Elected county clerks serve as Circuit Court b. Recorder's Court judges must meet the same qualifications as Supreme Court justices. Refer- clerks. There are no formal provisions for assigning duties to the clerks. in practice, they per- ence Section 1.4.b. C. Recorder's Court oiudges are elected to 6- form supervisory duties. [Const., Art. VI, 514, M.S.A. i27A.567, G.C.R., year terms in nonpartisan elections. Rules 925, 926, State Court Administrator] IM.S.A. 1527.3554, 27.3652, G.C.R., Rule 9251 3.6.1a Rule-making Reference Section 1.6. 3.5.2 Administration a. Reference Section 3.5.la.a. b. Judges of the Recorder's Court are empowered 3.1.1b COURT OF CLAIMS. Tha Court of Claims is a ThP duties of division of the 30th Judicial Circuit. It sits ins to appoint a court administrator. Lansing for four terms pPr calendar year. the administrator are prescribed by the court.

287 c. The Recorder's Court is empowered to appoint 4.3.2 Jurisdiction a court clerk as required and within budgetary a. The Probate Court has exclusiveoriginai limits. There are 'no formal provisions for assign- jurisdiction in all cases pertaining to wills, ing administrative duties to the clerk. In prac- estates, mental health, and other related matters. tice, he performs supervisory duties. The court also has exclusive original jurisdiction IM.S.A. $27A.6410; State Court Administrator] in cases concerning delinqueincy, dependency, and 3.6.2 Rule-making. Reference Section 1.6. neglect. b. The Probate Court has nn appellate jurisdic- Court of Limited or Special Jurisdiction tion. (M.S.A. §27.3178 (19)1 4.1.1 DISTRICT COURT. The District Court sits in 4.4.2 Judges (106) continuous session. a.In a Probate Court with two or more judges, (State Court Administrator] chief judges are elected to 2-year terms by peer 4.2.1 Organization. The state is divided into 98 vote. judicial districts, which may encompass one or more b. Probate Court judges must meet the same cities, a county, or several counties. Some disqualifications as Supreme Court justices. Refer- tricts have split into formal or informal divisions ence Section 1.4.b. and sit in various locations within the district. c. Profate Court judges are elected to6-year (State Court Administrator] terms in nonpartisan elections. 4.3.1 Jurisdiction (Const., Art. VI, §16; G.C.R., Rule 9251 a. The District Court has jurisdiction in mis- 4.5.2 Administration demeanor cases where the possible penalty does not 'a. Reference Section 3.5.1a.a. exceed a fine and/or 1 year of imprisonment; ordi- b. Administrators are hired for the Juvenile nance and charter violations; arraignments, the Divisions of the larger Probate Courts. fixing of bail and accepting of bonds; and prelimi- c.In most Probate Courts, the register per- nary examinstions in all felony and misdemeanor forms administrative and supervisory duties. cases not cognizable by the District Court. The (State Court Administrator] District Court has exclusive original jurisdiction 4.6.2 Rule-making. Reference Section 1.6. in all civil litigation up to $10,000 in controversy, excluding equity cases. In districts where 4.1.3 MUNICIPAL COURT. The Municipal Court sits Traffic Bureaus have been established, court clerks in continuous session. are authorized to accept guilty pleas and finesfor (State Court Administrator] minor traffic offenses. Small claims jurisdiction 4.2.3 Organization.The 8 existing Municipal is limited to cases involving $600 or less. Courts are located in 2 counties. Each municipal- b. The District Court has no appellate juris- ity and county has the option of maintaining a diction. Municipal Court or replacing it with a District (State Court Administrator! Court. Some Municipal Courts have Conciliation 4.4.1 Judges (214) Divisions. a. In the 60 District Courts with two or more (State Court Administrator] judges, chief judges are elected by peer vote. 4.3.3 Jurisdiction b. District Court judges must meet the same a. The Municipal Court has jurisdiction in qualifications as Supreme Court justices. Refer- felony preliminaries, misdemeanors involving a fine both, and ence Section 1.4.b. or imprisonment of less than 1 year ot c. District Court judges are elected to 6-year traffic ordinance cases. The court also hears terms in nonpartisan elections. general civil and landlord-tenant cases with less -(M.S.A. §27A.9926(1); G.C.R., Rule 9251 than $1,500 in controversy. 4.5.1 Administration b. The Municipal Court has no appellate juris- a. Reference Section 3.5.1a.a. diction. b. Trial court administrators may he hired by (M.S.A. §§27.3937, 27.41011 the District Court. They serve at the pleasure of 4.4.3 Judges (8) the court and perform such duties as assigned. a. In a Municipal Court with two or more Reference Section 5.2.b (state-level administra- judges, chief judges are elected by peer vote. tor). b. Municipal Court judges must meet the same c. The District Court is empowered to hire qualifications as Supreme Court justices. Refer- clerks within budgetary restraints. There are no ence Section 1.4.b. formal provisions for assigning administrative c. Municipal Court judges are elected to4 or duties to the clerks. In practice, they perform 6-year terms in nonpartisan elections. (M.S.A. S§27.3752, 27.3834; G.C.R., Rule 9251 supervisory duties. . (M.S.A. §24A.6410; State Court Administrator! 4.5.3 Administration 4.6.1 Rule-making. Reference Section 1.6. a. Reference Section 3.5.1a.a. b. Trial court administrators may be appointed 4.1.2 PROBATE COURT. The Probate Court sits in by the courts to serve at their pleasure and per- continuous session. form such duties as may be assigned to that posi- (M.S.A. S27.3178(30)] tion. Reference Section 5.2.b (state-level admin- 4.2.2 Organization. A Probate Court sits in each istrator). county organized for judicial purposes. The legit's- c. A Municipal Court is empowered to appoint a lature can create or alter Probate,Court districts clerk if budgetarily feasible. There are no formal of more than one county if approved in each county provisions for assigning administrative duties to by a majority of the voters. When hearing juvenile the clerks. In practice, the clerks perform super- cases, the Probate Court is known as the Juvenile visory duties. Division of the PiA5baie Court. [M.S.A. S27A.6410; State Court Administrator] (Const., Art. VI; S15; M.S.A. 627A.S202]

288 .\

4.6.3 Rule-makint. Reference Section 1.6. responsible for management of the judicial continuing education program, long-range planning, collec- 4.1.4 COMMON PLEAS COURT OF DETROIT. The Common tion of statistical information, and administration PleAs Court of Detroit sits in continuous session. of the nonjudicial personnel system. The State [State Court Administrator] Court Administrator serves as liaison between the 4.2.4 Organization. The Common Pleas Court of court system and other branches of government. Detroit has countywide jurisdiction. The court has c. Office organization. The Office of the a Small Claims Division and a Landlord-Tenant State Court Administrator consists of a staff of Division. approximately 112 people: 72 professional, (in- [National Survey of Court Organization, pp. cluding the State Court Administrator) and 40 cler- 160-162, Manual for Court Administration, i200, ical personnel. The office provides suppOrt ser- p. 302] WWPS in the following areas: information systems, 4.3.4 Jurisdiction court support services; finance and budget, educa- a. The Common Pleas Court of Detroit has juris- tion and training; personnel; and public informa- diction in Civil Casps where the amountin contro- tion and liaison. versy does not exceed $10,000. Const., Art. VI, §3; M.S.A. 07A.567, M.C.L.A. The Conciliation Division handles controver- §600.567, G.C.R., Rules 901, 906; State Court sies involving $600 or less. Administrators, pp. 60-61, State Court Adminis- b. The Common Pleas Court of Detroit has no trator] appellate jurisdiction. [State Court Administrator] Quasi-Judicial Officers 4.4.4 Judges (13) a. The chief judge of the Common Pleas Court 6.1.1 SUPREME COURT is chosen by peer vote. 6.2.1 Commissioner ., b. Common Pleas Court of Detroit judges must a. Supreme Court commissioners are appointed meet the same qualifications as Supreme Court jus- by the court according to internally developed pro- tices. Reference Section 1.4.b. cedures. Commissioners must meet the same qualiffA c. Common Pleas Court of Detroit judges are cations as Supreme Court justices. Reference Sec- elected to 6-year terms in nonpartisan elections. tion 1.4.b. [M.S.A. 07.3652, G.C.R., Rule 9251 b. Supreme Court commissioners prepare written 4.5.4 Administration reports and recommendations on applications for a. Reference Section 3.5.1a.a. discretionary appeals. b. Trial court administrators may be appointed [Workshop for New Judges and Staff] to serve at the pleasure of the courts and to perform such duties as assigned by the court. Refer- 6.1.2 COURT OF APPEALS ence Section 5.2.b (state-level administrator). 6.2.2 Commissioner c. Clerks and deputies may be appointed by the a. Court of Appeals commissioners are selected court as the budget allows. There are no formal by the court according to internally developed pro- provisions for assigning administrative duties to cedures. They must meet the same qualifications the clerks. In practice, the clerks perform super- as Supreme Court justices. Reference Section visory duties. 1.4.b. IM.S.A. 07A.6410; State Court Administrator] b. Court of Appeals commissioners prepare writ- 4.6.4 Rule-making. Reference Section 1.6. ten reports and recommendations on applications for discretionary appeals. State-Level Administration [Workshop for New Judges and Staff]

5.1 General administrative authority. The Chief 61.3 RECORDER'S COURT OF DETROIT Justice of the Supreme Court has been designated 6.2.3 Referee as the head of the judicial system of the state. a. Referees are selected by the court from a The Supreme Court, through the Chief Justice, may civil service register. Qualifications of referees direct judges of one court to serve on another, may are determined by the court. reassign auxilliary court personnel on an emergency b. Referees may administer oaths, examine wit- basis, controls budget preparation and administra- nesses, and make reports and recommendations in tion, and supervises judicial continuing ducation those misdemeanor cases under state law or munici- programs. Reference Section 1.5.a. pal ordinance that are referred to them by the [Const., Art. VI, i7, M.S.A. i27A.152; National judges of the Traffic and Ordinance Division of the Survey of Court Organization, p. 1591 court. 5.2 Office of the State Court Administrator IM.S.A. i27.39591 a. The Office of the State Court Administrator is constitutionally authorized. 6.1.4 DISTRICT COURT b. State Court Administrator 6.2.4 Magistrate (1) The position of State Court Administra- a. Magistrates are appointed by the court, sub- tor is constitutionally authorized. ject to confirmation by the County hoard of Commis- (2) The State Court Administrator is sioners. Qualifications are locally determined by appointed by the Supreme Court and serves at its the appointing court. pleasure. Qualifications include a college degree b. As authorized by the District Court judge, and supervisory, administrative, and/or management magistrates may arraign and sentence individuals experience with a court system. who plead guilty to violations of specified public (3) The State Court Administrator, under the acts if the maximum punishment does not exceed 90 supervision aod,direction of the Supreme Court, days in jail or fine or both; issue arrest war- prepares and submits the budget for the court sys- rants; ftx bail and set bond; and issue search war- tem. The State Court Administrator's office is rants.

' ) I 1 .."/

289 0'.../ li Figure 2:Michigan state-level, administrative office ofthe courts, 1980

State Court Administrator

Legislative Judicial and Information Fducation Judicial Operations Court Services and Personnel Data Liaison Training Center

- Supervises end - Circuit and District Provides informa- Assesses continuing Develops and admdn- Develops and imple- coordinates regional Court specialities tion to the media, education needs of tater. SCAO ments computer progrAms Provides information governmental agen- Michigan's judges personnel program assisted applica- Develops techniques to judgesand courts, cies,local courts and court personnel Provides personnel tion. to appellate to insure statewide local government, and citizens Plans and coordinates consulting service and trial courts compliance with state legislators, Publishes annual educational programs to trial courts - Provides assistance to local courts court rules ,and staff report Develops and diatri- Develops projects to Serves as probate - Inform judges of Coordinates forms butes resources and moist trial courts using modern tech- court specialist new legislation committees with publications to with personnel pro- nologyprogram for the SCAO affecting courts various judges, supplement programs grama and provide Investigates and re- Works with regional and administra- AsleSSel participa- the basis fur a sponds to com- administrators on tive groups tion,impact and future statewide specific local court quality of programa system plaint. against - Coordinates other problem. Maintains communica- aJdges and court special projects - Makes recommendation. tion with other personnel to State Court judicial education Provides liaison with Administrator on organizations Attorney General's budget jtleship nationwide office to arrange legal representa- needs tion of judges - Provides liaison be- Provides informtion tween SCAO and end assistance to various State, re- judges, courts, and gional, and nationsl administrators, organizations state officers, local courts, and citizens

-a, 1M.S.A. SS27A.8501, 27A.85111 nary investigation reveals insufficient cause for action, the commission terminates-its investtga- 6.1.5 PROBATE COURT [ton. Before filing a tomplaint or recommending 6.2.5 Register private censure, the commission gives written no- a. Registers are appointed by the court. Qual- tice to the iudge of the nature of the tharges. ifications are locally determined by the court. The iudgeis then given an'opportunity to present b. As authorized by the Probate Court judge, hts case in writing within 15 days. lhe public registers may, by statute, perform all the nonjudi- hearins can be held before the entire commission cial duties of that judge. In general, they admin- or before a master appointed by the Supreme Court. ister oaths, take testimony, and prepare written The hearing conforms as nearly as possible to the reports to the judge. They also set the time and rules of procedure and evidence governing civil place for hearing's and sign the related orders. actions in a Circuit Court rhe lodge Is entitled 1M.S.A 5S27.3178 (12), 27.3178 (598.10)] to be represented by counsel. A record of the hearing is kept. The commission may subpoena wit- Judicial Discipline nesses and evidence No discovery proceedings are held at the request of the respondent, either be-

7.1 Judicial Tenure Commission. The commission is . fore or after the liling of the complaint. An af- composed of nine members, which Include the follow- firmative vote offive commission members is re- ing. one judge each from the Court of Appeals, quired for a recommendation of discipline, removal, Circuit Court, and Probate Court, selected by the retirement, or suspension ofa judge. Lack of such respective court, one judge representing and se- votes requires disnitssal of the complaint. If five lected by the remaining courts of the state, three votes are obtained, the commission hirwards writ- members of the state bar, elected by its member- ten findings of fact and its recommendation to the ship, one of whom is a judge, and two persons ap- Supreme Court. A copy of the findings, recommenda- pointed by the Governor who are not judges, re- tions, and transcript are also forwarded to the tired judges, or members of the bar. respondent He may petition the court within 30 1Const., Art. VI, $301 days to reject or modify the recommendations. The 7.2 Authority and procedure for sanction. The Com- court inIts discretion may also allow atthat time =salon is responsible for receiving and acknow- the introduction of additional evidence. After Its ledging all complaints against judges. It may review, the Supreme Court files a written opinion also rnitiate an investigation on its own motion and judgment directing censure, removal, retire- or at the request of the Chief Justice or the State ment, suspension, or other disciplinary action or Court Administrator. All preliminary investiga- It may reject or modify the recommendations of the tions are confidential. Upon completion of the commission.. In its decision, the court mav direct preliminary investigation and if so warranted, a that no motion for rehearing will be entertained, formal complaint is filed, entered on a docket, and in which event its decision is final on filing. thereby becomes a public record. If the prelim- IG.C.R., Rule 9321

- t '

`? - ,i .i

291 Figure 1:Minnesota court system, 1980

SUPREME COURT Court of 9 jumtices lest Jurisdiction. resort Final appellate jurisdiction.

DISTRICT COURT (10) 72 judge.

, DISTRICT COURT (10) FAMILY COURT DIVISION (2) Jurisdiction: Jurisdiction. Original civil, administration of (located in Hennepin and Ramsey trumt emtatee; change of name., Countiem) Court of quiet title, real estate mortgage - All family matters. Divorce, general foreclosures, annulment or separate mainten, 4 jurimdiction - Originil criminal. ance, paternity, reciprocal en- Juvenile matters. forcement of support, and crimi- Special proceedings not exclu- nal non-support. sively cognizable by some other court or tribunal.

Appeals do novo And on record. Jftry triIm.

OMNI, PROBATE COURT (2) COUNTY MUNICIPAL COURT (2) COUNTY COURT (67) 2 judges 28 judges 1)6..judges Jurisdiction Jurisdiction (located in Ramsey and Hennepin (Ramsey and Hennepin Counties) FAMILY COURT PROBATE COURT CIVIL AND CRIMI- Counties) - Civil actions under S5,000, DIVISION DIVISION NAL DIVISION Administration of estates, forcible entry and unlawful Jurisdiction Jurisdiction Jurisdiction guardianship, incompetency, detainer Dissolution, Administration Civil actions of trust es- under SS 000. and conservatorship.. Misdemeanor, ordinance annulment, ... violations. PreliinerY separate main- tatee, guard- Quiet title, hearing. tenance, re- ianship, pro- real eetate ciprocal sup- bate. mortgage fore- Appeal. de novo. Courts of port, mental closures. Jury trials. limited health, adop- Misdemeanor., jurisdiction tion, change ordinance 'no- of name. lations, pre- Juvenile. liminary hearings.

Appeal. de novo. Jury trials.

Ramsey and Hennepin Counties.

CONCILIATION COURT (69) Hearing officers verve in Ramsey and Hennepin Countism. County Court judges erve elmewhere. Jurisdiction: Civil cases at law under S1,000. not including title to real ett. mximb

ltIndicate, route of appeal.

'10

292 MINNESOTA

A Court of Last Resort appointed by the Supreme Court and serves at the pleasure of the court. There are no formal pro- 1.1 SUPREME COURT. The court sits at St. Paul for visions for assigning administrative duties to the at least one term of court annually. clerk. He supervises his clerical suppaQtaff [Minnesota Statutes (hereinafter M.S.) Section and has responsibilities as determined by the 480.01] court. 1.2 Oreanization. The Chief Jushce assigns three [Const., Art. VI, 11; State Court Administra- or more members of the court to sit as a division tor] of the court to hear and decide cases as assigned. 1.6 Rule-making. The Supreme Court is empowered The Chief Justice may appoini a panel or panels of to regulate the pleadings, practice, procedure, and members of the court to review pending cases for forms thereof in all criminal actions in all courts disposition. There are no specialized divisions and in civil actions in all courts except the Pro- of the court. bate Courts and the Conciliation Court in Hennepin [Minnesota Rules of Civil Appellate Procedure and Ramsey Counties. The Supreme Court promulgates (hereinafter Minn. R. App. P.) 135(1), 135(4)1 all rules of evidence in all criminal and civil 1.3 Jurisdiction actions. The court makes administrative rules for e. The Supreme Court has original jurisdiction, its own operations. Before rules are adopted by in remedial cases as prescribed by law. The law the Supreme Court, an advisory committee is con- greets power to the court to issue all neceslary sulted in considering and preparing rules. writs and processes. The court may also answer [M.S. 11480.051, 480.053, 480.059; State Court questions of law certified to it by the United Administrator] States Supreme Court, or any federal court. The court prescribes rules of practice for attorneys Intermediate Appellate Court in the state, conducts the examination for admission to the bar, and reviews grievance complaints 2.0 There is no intermediate appellate court in against attorneys. Minnesota. b. The Supyeme Court has appellate jurisdiction in all cafes, but no jury trials are given in the Court of General Jurisdiction court. [Constitution, Article VI, Section 2; M.S. 3.1 DISTRICT COURT. The District Court sits in 11480.04, 480.05, 480.061] continuous session. 1.4 Justices (9) [M.S. 1484.08] a. The Chief Justice is lected at a nonparti- 3.2 Organization. The state is divided into 10 san election and serves a 6-year term. judicial districts, as determined by the legisla- b. Supreme Court justices must be learned in ture, some of which have permanent chambers as the law. designated by statute. The Second and Fourth c. Supreme Court justices are elected and each Judicial Districts have Family Court Divisions. justice is deemed to hold a separate nonpartisan [M.S. 112.722, 484.64, 484.65) office. Supreme Court justices serve 6-year terms. 3.3 Jurisdiction When a vacancy occurs, the Governor appoints a pe5- a. The District Court has original jurisdiction snn to serve as justice until the next general in all criminal and civil actions within its reelection occurring more than 1 year after the spective districts, and in all cases where juris- appointment. diction is especially conferred upon the District [Const., Art. VI, 115, 7, 8; M.S. 1203A.12] Court by law. The court has concurrent jurisdic- 1.5 Administration tion with the County Court in cases pursuant to a. The Chief Justice exercises administration M.S. 1487.19 (reference Section 4.3.2.a.). In and supervision over the entire court system Hennepin and Ramsey Counties, the District Court through the State Court Administrator, the chief has juvenile jurisdiction. judges of the 10 judicial districts, the district In the Second District, the Family Court administrators, and the Ramsey County MUnicipal Division has been created and has jurisdiction in Court administrator. Reference Section 5.1 * 31matters involving divorce, annulment, separate (General administrative authority). The Chief maintenance, paternity, and support. In the Fourth Justice, however, has no specifically articulated District, the Family Court Division has been creat- duties in regard to the administration of the Su- e d and has jurisdiction in all family matters as- preme Court. signed to it. b. Reference Section 5.2.b (state-level admin- b. The District Court has appellate jurisdic- istrator). tion in every case in which an appeal is allowed c. Theknosition of clerk of the Supreme Court from any other court. is authorized by the constitution. The clerk is [M.S. 11260.02, 484.01, 484.64, 486.65; State Court Administrator]

293 3.4 Judges (72) 4.3.1 Jurisdiction a. There is no provision for a chiefjudge over a. The Probate Court has original jurisdiction of'the all the districts of the District Court. The chief in law and equity for the administration judge for each district is elected annually to a estates of deceased persons, and all guardianship 2-year term by the judges of all courts within the and incompetency proceedings are granted to the judicial district. Until July 1, 1981, the chief Probate Court. It also has jurisdiction over the judge must be a judge of the District Court. After administration of trust estates and determination July 1981, the chief judge may be a judge of the of taxes contingent upon death as provided by law. District, County, County Municipal, or Probate b. The Probate Court has no appellate juris- Court. diction. b. District Court judges must be learned ,in the [Const., Art. VI, 111] law. Each judge must be a resident of the district 4.4.1 Judges (2) in which he erves during his term of office. a. The Probate Court does not have presiding c. District Court judges are elected by the judges. Chief district judges have authority over voters from the areas they serve. They serve 6- all courts in the district. Reference Section year terms. 3.4.a. [Const., Art. VI, 114, 5, 7; M.S. 11484.34, b. Probate Court judges must be lawyers. 484.69) c. Probate Court judges are elected in county 3.5 Administration elections. They serve 6-year terms. a. Whereas there is no provision for a chief [M.S. 11202.04, 525.04] judge over all the districts of the District Court, 4.5.1 Administration each of the 10 judicial districts has a chief a. The chief district judge serves as the chief Reference Section judge. The chief judge exercises general adminis- judge of the Probate Court. trative authority over the courts within the judi- 3.5.a. cial district. He may assign judges within the b. The district administrator serves as the district to serve in any court in the district. administrator for the Probate Court. Reference The chief judge appoints the district administrator Section 3.5.h. with the advice of the other judges of the dis- c. Clerks are appointed by the judges of the trict, subject to the approval of the Supreme Probate Court and are responsible for the destruc- Court. tion of documents as enumerated in M.S. 6525.091, b. There is no provision for an administrator and for the issuance of orders under the direction oVies\all the districts of the District Court.Each of the probate judges. of the 10 judicial districts, however, is author- (M.S. 1525.09) Practice and procedure for the ized to have a district administrator. The dis- 4.6.1 Rule-makin&. trict administrator is appointed by the chief courts are governed by statute, and by Probate judge, subject to the approval of the Supreme Court rules promulgated by the probate judges. Court, with the advice of the judges of the dis- (M.S. 1525.014) trict. His duties include assisting the chief judge in the performance of administrative duties, 4.1.2 COUNTY COURT. The court sits in continuous managing the administrative affairs of the courts session. of the judicial district, supervising court person- (M.S.. 1487.01, Subd. 1] nel, and complying with requests of the State Court 4.2.2 Organization. The County Court sits at the Administrator for statistical and other informa- county seat, but may travel as necessary for the Counties may join for pur- tion. business of the court. Hennepin c. Clerks are authorized by statute. The poses of sharing a combined County Court. clerks are appointed by a majority of District and Ramsey Counties, however, do not have a County Court judges in the district after consultation Court. A County Court must have the following with the County Court judges in the district. specialized divisions: Probate, Family Court, and There are no formal provisions for assigning admin- Civil and Criminal. The Civil and Criminal Divi- istrative duties to the clerks. They supervise sion includes a Traffic and Ordinance Violations their clerical support staff and have responsibili- Bureau. \ ties as determined by their respective courts. [M.S. 0087.010 Subds. 1, 6, 6487.27, Subd. 1; [M.S. 112.722, 484.67, 1484.67, Subdivision 3, State Court Administrator] 1485.01; State Court Administrator] 4.3.2 Jurisdiction a. In the Civil and Criminal Division, the 3.6 Rule-makinii. The Supreme Court is empowered , to regulate pleadings, practice, and procedure. court has criminal jurisdiction over misdemeanors The judges of the District Court must assemble an- and may conduct preliminary hearings. In addition, nually and may revise and amend any rules. the division has original jurisdiction concurrent [M.S. 11180.05, 480.09, 484.331 with the District Court in actions where the amount' in contest is less than $5,000; actions in forcible Courts of Limited or Special Jurisdiction entry and detainer, proceedings to quiet title to real estate, and real estate foreclosure. 4.1.1 PROBATE COURT. The Probate Court of Hennepin The Probate Division has exclusive jurisdic- County and the Probate Court of Ramsey County sit tion in probate and guardianship (except in Henne- pin and Ramsey Counties where the Probate Court in continuous 'on. [State Court Administrator] hears these matters). It also has original jurisdiction concurrent with the District Court in pro- 4.2.1 Oreanization. There are-two Probate Courts, one in Hennepin County and the other in Ramsey visions for trUst estates. The Family Court Division has original ju- County. The County Court has absorbed all probate jurisdiction elsewhere in the state. There are no risdiction concurrent with the District Court in specialized divisions of the court. divorce and adoption proceedings. It also has ex- [M.S. 1487.01] clusive jurisdiction over incompetency proceedings

294 - 312 and juvenile delinquency mat;ers (except in Henne- by the voters in each of the two counties. They pin And Ramsey Counties where the District Court serve 6-year terms. [M.S. S488A.021, Subds. 1, 2,3, 3(a), 11, has juvenile jurisdiction). b. The County Court has appellate jurisdic- S488A.19, Sobds. 2,3, 3(a), 11] tion in cases heard de novo from the Conciliation 4.5.3 Administration a. The chief district judge erves as thechief Court. Reference [M.S. S487.14 to 487.19, State Court Adminis- judge of the County Municipal Court. trator] Section 3.5.a. b. The district administrator serves as the 4.4.2 Judges (136) Ref- a. The County Court does not havepresiding administrator for the County Municipal Court. In Ramsey County there is judges. Chief district judges have authority over erence Section 3.5.b. appointed by all courts in their districts. Reference Section an administrator of the cOurt, who is He has all the powers 3.4.a. the judges to a 6-year term. b. County Court judges must be learned in the and duties incident to the office of administrator law and residents of the County Court districts in of a.court of record. administra- which the courts have jurisdiction. Lay judges c. In Hennepin County the district In that were in office in 1973 may run for election tor assumes the responsibilities of clerk. without being learned in the law. Ramsey County, the administrator supervises the c. County Court judges are elected at ageneral operations of the office. 1,3; State Court Admin- election by the voters oi their respective County [M.S. S488A.20, Subds. Court districts, and serve 6-year terms. istrator] Pleading, practice, procedure, [M.S. S487.03, Subds. 1, 2; State Court Admin- 4.6.3 Rule-making. and forms in criminal and civil actions are,gov- istrator] erned by rules for the County Municipal Court as 4.5.2 Administration a. The chief district judge serves as the chief promulgated by the Supreme Court. A majority of judge of the County Court. Reference Section the judges of the court may adopt rules that are not inconsistent with rules of the SupremeCourt 3.5.a. b. The district a ator serves as the or statutes. [M.S. S488A.09, Subds. 1, 2, S488A.26, Subds. administrator for t e County Co . Reference Sec- 2, S488A.10, Subds. 1, 2, S488A.27, Subds. tion 3.5.b. 1, c. The clerks of the District Co t serve as 1,2] clerks of the County Court in their respective The judges of the Con- counties. Reference Section 3.5.c. 4.1.4 CONCILIATION COURT. ciliation Court may hold terms of court as often 4.6.2 Rule-making. Pleading,,practice, procedure, promptly. and forms in civil actions are governed by rules as necessary to dispose of claims 488A.30, Subd. 5] of civil procedure for the County Courts as adopt- [M.S. S48BA.12, Subd. 5, The court may sit at appointd ed by the Supreme Court. The court may adopt rules 4.2.4 Organization. that are not inconsistent with rules promulgated places within the respective counties. [M.S. S488A.13, Subd. 5, S488A.30, Subd. 4] bry the Supreme Court. [M.S. S487.23, S487.23, Subd. 2] 4.3.4 Jurisdiction a. The Conciliation Court hasjurisdiction in civil actions where the monetary amount in contest 4.1.3 COUNTY MUNICIPAL COURT. The court sits in is les& than $1,000, except in cases involvingreal continuous session. [M.S. S488A.18, Subd. 11] estate titles. b. The Conciliation Court has no appellate 4.2.3 Organization. The County Municipal Court exists only in Ramsey and Hennepin Counties. jurisdiction. Statute and Traffic and Ordinance Violation Bureaus IM.S. S488A.12, Subd. 3; S488A.29, Subd. 3; are established within these two municipalities in S487.30] Hearing Officers serve as judges of which court se are conducted. 4.4.4 Judges. the Conciliation Court of Ramsey and Hennepin [M.S. $4A8 d. 10, S488A.08, S488A.25] Counties pursuant to M.S. S488A.13, Subd. 1 and 4.3.3 Jurisdi County Court judges serve a. TheN. icipal Court has jurisdiction M.S. S488A.30, Subd. 1. remaining in cr6pinal matters constituting misdemeanors with- as Conciliation Court judges in the : in the two counties. The court has jurisdiction locations. have presidin civil disputes where the amount in controversy a. The Conciliation Court does not Chief district judges have authority does ndt exceed $5,000, except in cases involving ing judges. Reference Section title to real estate. The County Municipal Court over all courts in the district. also has jurisdiction in cases of forcible entry 3.4.a. and unlawful detainer actions involving land within b. Hearing Officers and County Court judges the two counties. serve as judges of the Conciliation Court. 6.1.7. b. The County Municipal Court has appellate Reference Sections 4.4.2.b, 4.4.3.b, and Conciliation jurisdiction over decisions of the Consiliation c. Hearing Officers serve as Courts in Ramsey and Hennepin Counties. Court judges for such periods and in rotation as [M.S. S488A.01, Subds. 4,5, 6, $488A.18 decided by the judges of the County Municipal Subds. 4, 6, 7; State Court Administrator] Court. Reference Section 4.4.2.c. [M.S. §488A.13, Subd. 1, S488A.30, Subd. 1] 4.4.3 Judges (28). The number of judges per court is specified by statute. 4.5.4 Administration a. The County Municipal Court does not have a. The chief district judge serves asthe chif Reference Section presiding judges. Chief district judges have judge of the Conciliation Court. authority over all courts in their districts. 3.5.s. Reference Section 3.4.a. b. The district administrator serves as the b. County Municipal Court judges must be admit- administrator of the Conciliation Court. Reference ted to the Minnesota Bar and must be residents of Section 3.5.b. The administrator of the Ramsey the county in which their coprts havejurisdic)tion. County Municipal Court also serves as the adminis- c. County Municipal Court judges areelecIted 1 trator of the Conciliation Court in that county. Quasi-Judicial Officers c. The clerks.of the District Court serve as clerks of the Conciliation Court. The administra- 6.1.1 DISTRICT COURT tor pf Hennepin Municipal Court, however, acts as 6.2.1 Referee clerk of the Conciliation Court in that countyl, a. Referees serve by appointment of the Dis- [M.S. S488A.13, SutA. 2, S488.1.30, Subd. 4] --", trict Court judges. They must be attorneys. 4.6.4 Rule-making. In Hennepin and Ramsey b. Referees hear cases and make recommendations Counties majority of judges may promulgate ruler' to the judges. of pleading, practice, and procedure that ate not\ (State Court Administratorj inconsistent with the statutes. Rules for Conciliaiion Courts in other counties are 6.1.2 PROBATF COURT promtagetgiv6 thtSupreme Court. 6.2.2 Referee [M.S. S488A.12, SutA. 6, i488A.29, St;bd. 6; a. Referees serve in the Probate Courts of State Court Administratbr] Hennepin and Ramsey counties by appointment of the probate judge. Referees must be residents of the Stale-Level Adminisiration counties and lawyers. Referees serve at the pleasure of the judges. 5.1 General administrative authority. In order to b. Referees have the power to take acknowledg- provide at efficient administration of justice, the ments and administer oaths. Any matter, cause, or Chief Justice supervises and coordinates the work proceeding in the courts may be assigned to the of the courts of the state. He exercises general referees. - supervisory powers with respect to the fiscal [M.S. SS525.10; 525.1021 affairs of the courts and personnel. He serves as chief representative of the court system, providing 6.1.3 COUNTY COURT liaison with other government branches, and he 6.2.3 Probate registrar supervises the administrative operations of the a. Probate registrars serve by appointment of courts. He also considers all recommendations of the County Court judges. Their qualifications the State Court Administrator relating to the depend on how the particular judge defines the assignment of judges, and issues directives to position. judges in order to facilitate the efficient dispo- b. Probate registrars explain informal probate sition of court business. Reference Section 1.5.a. procedures to people. They have authority to per- (M.8. S2.724, S2.724, Subd. 4, S480.161 form ministerial functions with regard to informal 5.2 Office of the State Court Administrator probate claims. [State Court Administrator] a. The office Is established by statute. * b. State Court Administrator (1) The statutes provide for the position 6.1.4 COUNTYINOURT of State Court Administrator, who is appointed by 6.2.4 Judicial officer the SUpreme Court. a. Judicial officers are attorneys who have (2) The State Court Administrator must have been appointed by County Court judges to assist a college degree and a law degree and is appointed with the workload. These positions are no longer by and serves st-the pleasure of the Supreme Court. being filled. (2) The responsibilities and duties of the b. Judicial officers have the same authority _. State Court Administrator are enumerated in M.S. as judges of the court. S480.15. Among those duties are: [State Court Administrator] (a) Examination of administrative methods employed in the courts. 6.1.5 COUNTY MUNICIPAL COURT (Ramsey County) (b) Caseload management for all courts. 6.2.5 Referee (c) Statistical collection and analysis. a. Referees are appointed by the bench. They (d) Budget preparation and"fiscal must be ateorneys. 'management. b. Referees hear Conciliation Court small (e) Monitoring of dockets and caseloads. claims cases (civil claims under $1,000). (f) Recommendations to the legislature [State Court Administrator,' for the improvement of the jud cial system: (g) Submittimg' nual report of the 6.1.6 COUNTY MUNICIPAL COURT (Hennepin County) activities of the State urt Administrator's 6.2.6 Hearing officer office.k a. Hegring officers are4p0minted by the bench. (h) Administration of uniform require- They are usually clerks, but may be other persons ments for court budget and iliformation Systems. with internal training in court matters. (I) Preparation and administration of b. Hearing officers hear minor traffic viola- 4 uniform standards relating to court personnel. tions. c. Office organization. The Office of the [State Court Administrator] State Court Administrator consists of 43 people: 26 professionals (including the State Court Admin- 6.1.7 CONCILIATION COURT istrator) and 17 clerical personnel. The staff 6.2.7 Hearing officer 1$ provides support services in the following areas: a. Hearing Officers are appointed by the judAes systems analyst*, computer operations, records man- of the County Municipal Courts (located in HenneptiiN ,) agement, fore. development,apfield representa- andRamsey Counties). tion; accountin;g training; onnel systems; b. Hearing Officers hear small claims cases in legislative, executive, public, and media informs- the courts in Hennepin and Ramsey Counties. tion; and planning Ond research, statistical analysis, and legislative drafting. Judicial Discipline [M.S. SS480.13, 480.15; State Court Administra- tors, p. 62; State Court Administrator] 7.1 Board of Judicial Standards. The membership of the board consists of 1 District Court judge, 1 296 314 E. Figure 2:Minnesota state-level administrative office ofthe courts, 1980

State Court Administrator

Judicial Supreme Information budget _Education Planning Court Systeme and Administration Personnel

- Statistics - Supreme eourt - Systeme analysis - Peyroll - Education operations . - Budgeting - Training JPC/Planning Computer operations - Research - ROCOVIS manageeent - Accounting - Public information - Legislative drafting - Forme development - Personnel systems - Field repreaentstion

315 Municipal Court judge,1 County Court judge, 2 law, judge. After a complaint is investigated, evidenci yers who have practiced law in the state for 10 is presented to the board to determine probable years, and 4 citizens who are not judges Or law- cause to proceed. If probable cause is found, a yers. Members representing the judiciary are ap- formal complaint is erved on the judge, who may pointed by respect eludicial organizations. formally answer. A fact-finding hearing is held. Lawyer members ar nted b? the tate bar asso- The board makes its decision ard sends recommenda- ciation. The citizen members are appointed by the tions to the papreme Court for action. The Supreme Governor with the advice and consent of the Senate. Court ourtNe4pend a judge when the judge pleads (M.S. S490.15, Subd. 1) guilty to a felony. When the conviction becomes 7.2 Authority and procedure for sanction. The final, the Supreme Court removes the judge from Board of Judicial Standards reviews matters regard- office. ing judicial disability or indictment against a [M.S. S490.16; State Court Administrator)

410-

I s I

3 1 6

. 298 MISSISSIPPI

Cou of Last Resort tive authority over the entire court system. Re- ference section 5.1 (General administrative autho- SUPREME COURT. The court meets twice each year rity). The Chief Justice is responsible only for at ackson, the state capital. "tanagement of the Supreme Court's affairs. In this [Constitution, Article 6, Section 148; connection, he signs warrants for the courts' ex- -Mississippi Code 1972 Annotated (hereinafter penses, approves the purchase price of the Missis- Code) Section 9-3-3] sippi Reporter, and signs the minutes of.the court. 1. Or aniz tion. The Supreme Court sits in three b. The position of Executive Assistant is di isions o three justices each. The Chief Jus- authorized by order of the Supreme Court and is ti e and two presiding justices serve as the pre- appointed by the court. Informal policy'of the si ing officers of the three divisions. As deemed Supreme Court requires that he possess a law ne ssary, the court may also sit en banc. degree. The Executive Assistant assists the Chief [Const., Art. 6, 1149A; Courts Strategy, Vol. Justice in court management functions. He super- 3,p. 2-5] vises the preparation of the Supreme Court budget, 1.3 urisdiction disseminates information on court dicisions, and

. Each justice has the authority to issue serves as ex officio secretary to the Conferenct writ of habeas corpus, mandamus, certiorari, of Mississippi Judges and the State-Federal Judi- supe sedeas, attachment, and other extraordinary cial Council (reference Table 29: Judicial coun- writs. The court has jurisdiction over all matters cils and conferences). relating to the state bar. c. The clerk of the Supreme Coug is appointed .b. The Supreme Court hears appeals from all by the Supreme Court. There are no.lormal provi- cases originating in Circuit and Chancery Courts, sions for assigning admvistrative duties to the except when a guilty plea is entered. Direct ap- clerk. He exercises supervision over his own peals from County Courts are permitted in cases office employees and has responsibiliEles as deter- involving eminent domain and for those noncapital mined by the court. felony cases transferred fro% the Circuit Court to [Const., Art. 6, S168 (1979 Supplement); Code the County Court. /peals from decisions of the SS9-1-33, 9-3-45; Courts Strategy, Vol. 3, pp. Justice or Municipal Courts are heard in Circuit 2-2, 2-3; State Court Adminiltrators, pp. 64, or County Courts. Further appeal of these cases 65; Executive Director, Judicial Council] to the Supreme Court is permit5ed only when a 1.6 Rule-making. The Supreme Court is authorized constitutional question is raised and then only by statute to promulgate procedural rules regulat- with acceptance of the appeal by a judge of the ing the proceedings of the Supreme Court itself, Circuit or Supreme Court. provided that they are consistent with the law. [Code SS9-1-19, 11-27-29, 11-51-3, 73-3-1 to In 1975, the legislature granted the Supreme Court 73-3-373, 99-35-101] civil rule-making authority over other courts and 1.4 Justices (9) also established the Advisory Committee on Rules a. The justice whe) has served the longest con- of Civil Practice and Procedure (made up of nine tinuous term on the court is the Chief Justice. judges and five attorneys). The committee submits He remains in this role as long as 'he serves on the proposed rules to the Supreme Court. After the court. the next two most senior justices are court makes any changes it desires, the rules are designated presiding justices. then submitted to the legislature. If not disap- b. Supreme Court justices must be at least 30 proved within a specified period of time, the rules years old. They must have been residents and-prac- are promulgated by the Supreme Court. The court ticin; attorneYs in the state for at lea8t15 years has no constitutional or statutory authority to priot to election or appointment. prescribe rules of administration for the various c. Supreme Court justices are elected at large courts of the state. The court may, however, pre- on a partisan b011ot. The term of office for Su- scribe administrative rules relating to its own preme Court justices is 8 years. Vacancies are business. filled by gubernatorial appointment. Appointees [Code SS9-C-29, 9-3-39, 9-3-61, 9-3-65 to serve until the first state election occurring more 9-3-73] than 9 months after the vacancy occurs. [Const., Art. 6,15145,, 145A,1451S, 149, 150; Intermediate Appellate Court Code SI9-3-11, 23-5-2471 Courts Strategy, Vol. 3, p. 1-6; Executive Director, Judicial Coun- 2.0. There is no provision for an intermediate ap- cil] 01,0ate court in Mississippi. 1 , 1.5 Administration 4 . S. Neither the Chief Justice nor the Supreme Courts of General Jurisdiction Court has statutory or constitutional administra-

299 317 s Figure 1:Mississippi court system, 1980

gUPREME COURT 9 justices Court of Jurisdiction: lost - Appellate jurisdiction over ell resort matters.

11, CIRCUIT COURT (20) CHANCERY COURT (20) 30 judges 35 judges (dhancellors) Jurisdiction: air Eminent domain or - Original jurisdiction in ell civil CHANCERY COURT YOUTH COURT DIVISION any non-capital end criminal matters, unless such Jnrisdiction: (Created in counties felony case jurisdiction is vested in another Equity, divorce, not having a Family Courts of transferred to the court. alimony, pro- Court or a County general County Court from - Issue writs of habeas corpus, bate, bastardy, Court) jurisdiction the Circuit Court. mandamus, certiorari, supersedes. guardianship, Jurisdiction: end attachments, and all other mental commit- - Exclusive juris- remedial writs. ments, and diction in all Appeal de novo or on record. estate actions. proceedings n- Jury trials. cerning any un- guent, negle ed, or battered c ild.

Law Division Appeals de novo. appeals and Jury trials. IMMIL 1 appeals from Transferdecisions of s Cases from of Justice and Equity and cases. MUnicipal Courts. Juvenile Divisions. ,M=M/ COUNTY COURT (16) FAMILY COURT 13 full-time judges;7 part-time judges 1 judge

LAW DIVISION EQUITY DIVISION YOUTH COURT FAMILY COURT YOUTH COURT Jurisdiction: Jurisdiction: DIVISION (15) Jurisdiction. DIVISION - Concurrent - Concurrent (Created in - tastardy matters. Jurisdiction: jurisdiction jurisdiction counties not Adult crimes - Delinquency with Circuit with Chancery having Family against and neglect. Court. Court. Court) juveniles. - Any civil or - Civil actions Jurisdiction: criminal - under $10,000. - Juvenile tion, excl d- Eainent do- matters. ins crimi mein, and bee - When no Jury trials ofai44;...... capital of- tardy mattera. County Court fensea, whic exists. might be transferred by the Circuit Court. - Misdemeanors, and preliminary hearings. w Appeals do novo. Courts of liaited jurisdiction

10(

MUNICIPAL COURT JUSTICE COURT (410) SO part-tins judges 420 judges urisdiction: Jurisdiction: Municipal ordinance violations. - Civil actions under 5500. - Exclusive Jurisdiction over all Juvenile pro- - Misdemeanors, preliminary ceedings any delinquent, neglected, hearings. br battered chi d in the county where no Family Jury trials. or Chancery Court exists a t is stablished. Jtyy trials. . MM. ltIndicates route of appeal.

ItIndicates transfer of clime.

318 7 300 (5) Proyide general administrative support 3.1.1 CIRCUIT COURT. Court is held in each county for all the judges and chancellors of the district. of the state at least twice a year. (6) Perform other duties assigned by the (Conat., Art. 6, 1158) judges. 3.2.1 Organization. The state is divided into'20 c. Circuit Court clerks areelected in county districts. A district may have from one to seven There are no formal provisions for counties within its boundaries. The 1st District elections. assigning adminietrative duties to the clerks. The of Hinds County (Jackson) can be dividedinto clerk is responsible for keeping records of all Criminal and Civil Divisions at the discretionof cases, a list of sureties on bonds, and a record the senior judge on the bench. The Circuit Court of the 19th District can be divided by the senior of all pardons given for convictions within the He exercises supervision over his own judge into Criminal, Civil, and Appellate Divi- county. office employees. sions. (Const., Art. 6, 1168; Code 559-7-127, 9-7-137, (Code 59-7-3 to 9-7-53) 9-7-139; Code 519-17-1, 9-17-3 (1979 3.3.1 Jurisdiction supplement); Executive Director, Judicial a. The Circuit Court hasoriginal jurisdiction in all criminal and civil matters, unless such Council) Each Circuit Court can estab- jurisdiction is vested in another court. The fol- 3.6.1 Rule-making. lish its own procedural rules and orders, provided lowing courts' jurisdictions are concurrentwith In addition, the jurisdiction of the Circuit Court: Chancery they are consistent with the law. Court's jurisdiction over bonding offenses of Circuit Courts can establish their own administra- fiduciaries and public officers; Chancery, County, tive procedures. and Family Courts' jurisdiction over bastardy mat- (Code 19-1-29) ters; County Court's jurisdictionin civil matters Court m6st be held in each involving less than $10,000; and JusticeCourt's 3.1.2 CHANCERY COURT. jurisdiction in criminal matters where the punish- county of the state at least twice a year. [Const., Art. 6, 1164; Code 19-5-3) ment does not exceed a fine andimprisonment in the 3.2.2 Organization. The state has been divided County jail. Circuit Court judges Wn issue writs into 20 districts, each of which contains from one of habeas corpus% mandamus, certiorari, supersedeas In those counties where a and attachments, and all other remedial writs. to eight counties. Family Court or a County Court has not been estab- b. The Circuit Court hears appeals from the Law Youth Court Divi- Division of the County Court, except when the case lished, the Chancery Court has was originally transferred to theCqunty Court by sion. [Code 559-5-5 to 9-5-55, 43-21-107) the Circuit Court. Appeals from Justice and, Muni- cipal Courts are heard in the Circuit Court, except 3.3.2 Jurisdiction original juris- in those counties where a County Court has been a. The Chancery Court exercises diction in the following: all matters in equity; established. Decisions of most local administrative bodies and certain state agencies are appealed divorce and alimony; piobate; juvenile matters; mental competency cases; and controversies involv- to the Circuit Court. It has concurrent juris- [Const., Art. 6, 55156, 161, 171; Code ing real estate titles. 559-1-19, 9-9-21, 11-51-75 to 11-51-85, . diction with th? Circuit Court in matters relating ' officers for 93-9-15, 99-33-1, 99-35-1; Courts Strategy, to the bonds of fiduciaries and public failure to account for money or property and in Vol. 3, pp. 3-30 to 3-33] matters relating to mutual accounts. It also has 3.4.1 Judges (30) concurrent jurisdiction with the County Courtin a. The Circuit Court does not have achief equity cases involving less than $10,000 and with judge over all the districts or presidingjudges the Circuit, County, and Family Courts inbastardy for the individual districts. In addition, the court has jurisdiction b. Circuit Court judges must be at least26 matters. in all cases transferred to it by theCircuit years old and must have beenpracticing lawyers and Court, remanded to it by the Supreme Court, or as state citizens for 5 3,ears. Chancellors have c. Circuit Court judges are elected to4-year otherwise provided for by law. the same authority as Circuit Court judges toissue terms on a partisan ballot by the votersof their extraOrdinary writs. The Youth Court Division has respective counties. exclusive jurisdiction in all proceedings concern- [Const., Art. 6, 51153, 154; Code 559-7-1, ing any delinquent, uegiected, or battered child. 23-5-235] b. The Chancery Court has jurisdiction over 3.5.1 Administration Equity and a: There are no provisions for achief judge appeals from the following sources: Youth Divisions of the County Courts; Boardsof over all the districts of theCircuit Court or for Supervisors and municipal authorities in cases presiding judges for the individual districts. involving the issuance and sale of bonds; Family b. There is no provision for an administrator Courts, where they exist; and certain state agen- over all the districts of theCircuit Court. The positi n,of administrator of each district is now cies, as specified in the statutes. [Const., Art. 1161; Code 559-1-19, 9-5-81, authori d by a new law and three districts now 9-9-21, 11-51-75, 11-51-79, 31-13-5 to 31-13-7, have admi istrators. The 1979 supplement lists the 43-21-7, 43-21-51, 43-23-49, 93-9-15; Courts following duties for the newly authorized posi- Strategy, Vol. 3, pp. 3-30 to 3-33, 4-29 to tions: (1) Perform all nonjudicial tasks of the 4-30] 3.4.2 Judges (Chancellors) (35) court. -The Chancery Court does not have a chief '(2) Maintain all statistical reports. presiding judges for (3) Serve as liaison with the general public e over all the courts or and members of the bar. he individual districtse (4)' Coordinate and mist the clerks of the b. Chancellors must be at least 26 years old and must have been practicing attorneys and state districts with regard to judicial duties. residents fa* at least 5 years.

301 4 319 c. Chancellors are elected to 4-year terms on County Courts, the Youth Court Division of the partisan ballots in county elections. County Court has exclusive jurisdiction in all [Const., Art. 6, SS153, 154;r0Eode SS9-5-1, juvenile matters, .except in Harrison County where 25-5-2)5] the Youth Court Division is a part of the Family 3.5.2 Administration Court.

a. There are no provisions for a chief judge . b. The County Court hears appeals from deci- over all the districts of the Chancery Court or for sions of the Justice and Municipal Courts within presiding judges for the individual districts. the county. b. There is no provision for an administrator [Code SS9-9-21, 9-9-27, 11-51-81,43-21-3, oVer all the districts of the Chancery Court. 43-21-7, 43-23-55, 93-9-15; Executive Director, Administrators for the districts are now authorized Judicial Council] by a new law. Reference Section 3.5.1. 4.4.1 Judges (13 full-time and 7 part-time judges) c. Chancery Court clerks are elected by the a. The County Court does not have presiding voters of their respective counties. There are no judges. formal provisions for assigning administrative b. County Court judges must be at least 25 duties to the clerks.They exercite supervision years old, must he practicing lawyers, and must over their own office employees and have respon- have been state citizens for 5 years. sibilities as determined by their respective c. County Court judges are elected on partisan courts. ballots in county elections. [Const., Art. 6, S168; Code S9-17-1 (1979 Sup- [Code S9-9-51 plement); Executive Director, Judicial Council] 4.5.1 Administration 3.6.2 Rule-making. Each Chancery Court can estab- a. There are no provisions for presiding judges lish its own rules and administrative procedures, for the County Court. provided they are consistent with the law. b. The position of administrator has been [Code S9-1-291 authorized by a new law. Reference Section 3.5.1. c. The elected clerks of the Circuit Court also Courts of Limited or Special Jurisdiction serve as the County Court clerks. There are no formal provisions for assigning administrative 4.1.1 COUNTY COURT. If there is only one Circuit duties to the clerks. COurt district in the county, the term begins on [Code S9-9-29;Code S9-17-1 (1979 Supplement)] tie second Monday of each month. If there is more 4.6.1 Rule-making. Each County Court can establish tian one district in the county, the court must sit its own rules and administrative procedures, pro- once in each district every month. Although Jones, vided they are consistent with the law. Hinds, Bolivar, and Harrison Counties have two, [Code S9-1-291 circuit districts within their borders, the court is allowed to alternate, sitting one month in one 4.1.2 FAMILY COURT. The Family Court sits in con- district, and the next month in the other district. tinuous session. [Code §9-9-191 (Executive Director, Judicial Council) 42.1 Organization. Sixteen of the state's 82 4.2.2 Organization. A Family Court can be estab- counties have County Courts. A County Court can lished in those counties that meet certain statu- be established by the county's Board of Supervisors tory requirements. At the present time, only if the county meets certain statutory requirements. Harrison County (Gulfport) has established a Family Although two or more counties may be served by a Court. The Family Court has a Youth Division. single court if the action is approved by the [Code S43-21-107, 43-23-1; Courts of Limited Boards of Supervisors, there are no joint County Jurisdiction: A National Survey, p. 2061 Courts at the present time. The County Court has 4.3.2 Jurisdiction a Law Division and an Equity Division. Every a. The Family Court has exclusive jurisdiction County Court, except the one in Harrison County, over adults charged with contributing to the neg- must have a Youth Court Division. lect or delinquency of a juvenile. It has concur- [Code SS9-9-1, 9-9-3, 43-21-3, 43-21-7; Courts rent jurisdiction with Circuit, Chancery, and Strategy, Vol. 4, p. 5-3; Executive Director, County Courts in bastardy matters. The Youth Court Judicial Council] Division has exclusive jurisdiction over delin- 4.3.1 Jurisdiction quent, neglected, or battered children. a. The County Court has criminal jurisdiction b. The Family Court has no appellate jurisdic- over all misdemeanor cases and it conducts prelimi- tion. nary hearings in felony cases. The court also has [Code SS43-23-5, 43-23-23, 43-23-25, 93-9-15; jurisdiction in all civil and criminal cases, ex- Code SS43-21-105, 43-21-107, 93-9-15 (1979 cluding capital offenses, which might be transfer- Supplement)] red to it by thp Circuit Court. All civil and 4.4.2 Judges (1) criminal iatters that can be heard in the Justice a. The Family Court does not have presiding Court can also be heard in the County Court. Ju- judges. risdiction is also shared with Circuit and ao Family Court judges must be at least 25 Chancery Courts in all civil cases involving less yeard old, must be practicing lawyers, and must than il0,000 and in all bastardy matters. The Law have been state citizens for 5 years. Division handles those matters that would other- c. Family Court judges are elected for 4-year wise be within the jurisdiction of the Circuit terms on partisan ballots by the voters of the Court; the Equity Division handles those matters respective counties. that would otherwise be within the jurisdiction of [Code SS43-23-39, 43-23-411 the Chancery Court. The County Court has exclu- 4.5.2 Administration sive jurisdiction in cases involving eminent do- a. There are no provisions for presiding judges main, partition of personel property, and unlawful for the Family Court. entry and detainer. In the 16 counties that have

302 3 2 b. Although there is no statutory provision for Division, except where prohibited by law. The an administrator for the Family Court, anadminis- establishment of this division must be approved trator serves the court. by the governing body of the city. c. Statutes provide for a Family Court clerk, [Code SS21-23-1, 43-21-3, 43-21-1071 who is appointed by the judge. There are no formal 4.3.4 Jurisdiction provisions for assigning administrative duties to a. The Municipal Court has jurisdiction over It sits as a the Family Court clerk. He exercises supervision all municipal ordinance violations'. over his own office employees and has responsibili- committing court in all felonies commwed within ties as determined by the court. the municipality and in all state criminal law vio- [Code S43-23-41; Executive Director, Judicial lations committed in the county and outside the The Municipal Court judge Council) municipal boundaries. 4.6.2 Rule-making. A Family Court can establish sits as ex officio Justice Court judge over all In cities its own rules and administrative procedures, pro- cases occurring in the municipality. vided they are consistent with the law. where no Family Court or County Court exists and a [Code S9-1-291 Youth Court Division is established, the court has exclusive jurisdiction over all proceedings involv- batte'red child 4.1.3 JUSTICE COURT. Th Justice Court must hold ing any delinquent, neglected, or one or two terms per month. If the workload in the county. demands, the court may sit in continuous session. b. The Municipal Court has no appellate juris- [Code S9-11-15I diction. 4.2.3 Organization. There are five Justice Court [Code SS21-23-7, 43-21-3, 43-21-7, 43-21-1071 districts in each of the state's 82 counties. Each 4.4.4 Judges (150) district normally has only one judge; however, the a. The Municipal Court does not have presiding county Board of Supervisors is authorized to judges. increase theinumber of judges to two perdistrict. b. Municiial Court judges, depending upon the [Code S9-11-11 population and size of the county, must be qualified voters of their counties and must be attor- 4.3.3 Jurisdiction a. The Justice Court has concurrent criminal neys, or Justice Court judges whose district lies jurisdiction with the Circuit Court'in cases where in whole or in part in the municipality, or the the punishment does not exceed a fine and sentence mayor or mayor pro tempore. c. Municipal Court judges are appointed by the to the county jail. By a constitutional amendment, If a ludge is the civil jur_isdiction of the Justice Court was governing body of the municipality. enlarged in 1976 by raising the limit on the amount not appointed, the mayor or mayor pro tempore The judge's term is in controversy from $200 to $500. serves as ex officio judge. b. The Justice Court has no appellate jurisdic- locally determined. tion. [Code SS21-23-3, 21-23-51 [Const., Art. 6, S171, Code S99-33-1] 4.5.4 Administration judges 4.4.3 Judges (420) a. There are no provisions for presiding a. The Justice Court does not have presiding for the Municipal Court. b. There are no provisions for administra ors judges. b. Each Justice Court judge must have resided for the Municipal Court. Reference Section 5 2.b in the county for at least 2 years and must possess (state-level administrator). c. Clerks of the municipalities serve as a high school diploma. If he is not an attorney, by he must attend an I8-hour seminar conducted by the cipal Court clerks, unless otherwise determine There are no formal pro- attorney general. the local governing body. c. Justice Court judges are elected to4-year visions for assigning administrative duties to the terms on partisan ballots by the voters of their clerks. They have responsibilities as determined respective Justice Court districts. by their respective courts. [Const., Art. 6, SI71, Code SS9-11-I, 9-11-31 [Code S2l-23-Ill Each Municipal Court can estab- 4.5.3 Administration 4.6.4 Rule-making. a. There are no provisions for presiding jus- lish procedural and administrative rules not in tices for the Justice Court. conflict with the law. b. There are no provisions for administrators [Code S9-1-29) for the Justice Court. Reference Section 5.2.b (state-level administrator). State-Level Administration c. Justicq*Court judges may now appointclerks. Neither the They have responsibilities as determined by their 5.1 General administrative authority. Chief Justice nor the Supreme Court possesses stat- respective courts. [Code S9-11-27 (1979 supplement)) utory or constitutional administrative authority The Chief Justice 4.6.3 Rule-making. Each court can establish its over the entire court system. appoints Circuit or Chancellor Court judges to hear own rules and administrative procedures,provided they are consistent with the law. election contests or complaints and appoints one judge of a court of record to serve on the Judicial [Code 19-1-29f Council (reference Table 29; Judicial councils and The Executive Assistant of the Su- 4.1.4 MUNICIPAL (POLICE) COURT. The Municipal or 1 conferences). Police Court sits in continuous session. preme Court and the trial court administrators in [Executive Director, Judicial Council) the 2nd and 19th Districts of the Circuit Court are administrative officers who serve only their own 4.2.4 Organization. A courtis required in all municipalities in the state. In cities,of over courts. Reference Section I.5.a. 12,000 population that are not located in counties The Judicial Council, an advisory body estab- notbserved by a Family Court or a County Court, lished by the 1977 legislature, is assigned the study administrative procedures the Municipal Court can establish a Youth Court following duties

303 321 Figure 2: Mississippi state-level administrative office of the courts, 1980

Executive Director of the Judicial / Council

1...isms 16110' Planning and Information Finance and Public Research Systens Budget Information Activities and Liaison Activities Activities

- Statistical com- Computer operations - Payroll - Legislative, public, pilation Records iminegement - Accounting executive, and media - JPG/Planning Forme development - Budgeting Research - Field representation - Purchasing information - Legislatile Statistical analysis liaison - Legal services - Legislative drafting

322

304 e in all courts on a continual basis; receive criti- 6.1.4 CIRCUIT COURT AND CHANCERY COURT cism and suggestions about the courts; study and 6.2.4 Arbitrator make recommendations on judicial districting; apply a. All persons, except infants and persons of for grants and other assistance; collect data end unsound mind, may submit a controversy to one or coordinate studies for the improvement of adminis- more arbitrators, with the court making final judg- tration; and make recommendations and file an ment. Arbitrators must be disinterested persons. annual report to the Supreme Court and the legis- b. Arbitrators decide the issues in the contro- lature. The Judicial Council was not reenacted by versy submitted. the 1980 legislature; therefore, it stands repealed [Code SS11-15-1, 11-15-3, 11-15-11, 11-15-21, June 30, 1980. 11-15-29, 11-15-311 [Code S23-3-47; 1977 Mississippi Legislature Senate Bill No. 2530; Executive Director, 6.1.5 FAMILY COURT Judicial Council) 6.2.5 Referee 5.2 Administrative office of the courts. There is a. The judge may appoint a person, trained in no administrative office of the courts in Missis- the law, to serve as a referee at the judge's sippi, however, there is an Executive Assistant pleasure. who assists the Chief Justice in court management b. The referee may hear a case and make recom- functions. (Reference Section 5.1). mendations to the judge, who makes the final determination. Quasi-Judicial Officers [Code S43-23-271

6.1.1 CHANCERY COURT Judicial Discipline 6.2.1 Master a. The Chancery Court may appoint two or more 7.1 Mississippi Commission on Judicial Performance. persons in each county to be masters of the court. The commission is composed of one Circuit Court They serve at the chancellor's pleasure. Qualifi- judge, appointed by the Conference of Circuit cations are determined hy each case. Judges; one chancellor, appointed by the Conference b. Masters may administer oaths, subpoena and of Chancellors; one County Court judge, appointed examine witnesses, examine and report upon all by the Conference of County Judges; one Justice referred matters, and execute all decrees directed Court judge, appointed by the Justice Court to them. In certain counties, masters may conduct Officers Association; two lay members, appointed original hearings. Their findings are approved or by the Judicial Council; and one attorney who has disapproved by the chancellor. practiced law in the state for at least 10 years, (Code SS9-5-241, 9-5-243, 9-5-245, 25-7-35; appointed by the bar association. Reference Table Executive Director, Judicial Council) 29: Judicial councils and conferences. [Const., Art. 6, S177A (1979 supplement)] 6.1.2 CHANCERY COURT 7.2 Authority and procedure for sanction. The com- 6.2.2 Special commissioner mission has the authority to recommend to the Su- a. The Chancery Court can appoint a special preme Court the removal, retirement, suspension, commissioner in any particular case. Qualifica- censure, or reprimand of any justice or judge for tions are determined in each case. any of several delineated grounds. All proceedings b. There are no statutory provisions relating of the commission are confidential, except upon to assignment or duties of a commissioner. In unanimous vote of the commission. After recom- practice, they perform duties similar to those per- mendation of removal or public reprimand is filed formed by masters. with the clerk of the Supreme ,CoUrt, thi charges [Code S9-5-251; Executive Director, Judicial and recommendations of the commission are made pub- Council] lic. The commission may, with 213 of its members concurring, recommend the temporary ituspension of 6.1.3 CIRCUIT COURT any justice or judge against whom formal charges 6.2.3 Referee are pending. a. In cases where matters of account are in When a justice of the Supreme Court is investi- controversy, the court may, on the application of gated, the recommendation of the Commission on either party, appoint up to three persons to act Judicialyerformance is determined by tbe tribunal as,referees. Qualifications are determined in each of seven jUdges, selected by lot from a list con- case. sisting of all Circuit Court and Chancery Court b. Referees may administer oaths and issue judges, at a public drawing by the Secretary of subpoenas for witnesses. Their report becomes State. The vote.of the tribunal is by secret bal- final upon approval of the court. lot. (Code §S11-7-139, 11-7-141, 11-7-143; Executive Kona., Art. 6, S177A (1979 8upplement)1 Directcr, Judicial Council]

323 305 Figure 1:Missouri court system, 1980

SUPIIMIODURT 7 justices Jurisdiction: Court of - Exclusive appellate Jurisdiction in tillmsem last cases involving constitution, treaty, resort or statute, revenue lava, title of any state office, death penalty or life imprisonment.

Death penalty; life imprisonment. Consti- COURT OF APPEALS (3) tution, trty. 30 judges statute. Revenue Intermediate Jurisdiction: laws. Title of appellate - Appellate Jurisdiction not exclusively any state office. Court designated in Supreme Court.

CIRCUIT COURT (43)

CIRCUIT COURT ASSOCIATE CIRCUIT DIVISION PRORATE DIVISION MUNICIPAL DIVISION 131 judges 169 associate judges (assoc- (Certain circuit judges (Associate circuit Juriediction: fete circuit Judges serve as probate judges. Judges and municipal Court of can erve as municipal Associate judges can also .ludges hear cases.) - All civil matters. general - All criminal cases: and probate Judges). serve as probate Judos.) Jurisdiction: jurledicOon felony and misds- Jurisdiction: Jurisdiction - Exclusive Jurisdic- meanor eaaters. - Civil actions under 55,000. - Exclusive original tion over city - Juvenile matters. Smell claims. )orisdiction over all ordinance viola- Jury trials. - Misdemeanors, PrlininarY probate end mental tions. hearings, municipal ordi- commitment matters. Jury Trials. nance violations in municipality with population over 400,000 and where samicipal lodge is not provided. - Traffic cases. No jury trials. oMl

itIndicates routs of appeal. MISSOURI

Court of Last Resort If the Governor fails to appoint any of the nominees within 60 days after the list wassubmitted, the Judicial Commission appoints one of the nomi- 1.1 $UACECOURT. Sessions are held in Jefferson City at times fixed by the court. nees to fill the vacancy. After appointment, Jus- [Constitution, Article 5, Section 21 tices serve until December 31 following the next 1.2 Or anization. The Supreme Court may sit en general election after the expiration of 12 months banc or in divisions of at least three judges, as in office. Late in their initial term, justices Those retained the court determines. A majority of a division must face a retention election. constitutes a quorum with all orders, judgments, then serve 12-year terms. and decrees having the force and effect of the [Const., Art. 5, 118, 19, 21, 25(a),25(c).(1); Missouri Supreme Court Rule (hereinafter S.C. court. [Const., Art. 5, 171 Rule) 82.011 1.3 Jurisdiction 1.5 Administration a. The Supreme Court may issue anddetermine a. The Chief Justice exercisesadministration original remedial writs. It has the responsibility and supervision over the entire court system for resolving disputes between the Governor and the through the State Courts Administrator, the chief Disability Board reearding the inability of the judges of the Court of Appeals, Circuit Court pre- Governor to discharge the power and duties of his siding judges, and trial court administrators. office. The Supremo Court has the duty to try Reference Section 5.1 (General administrative The Chief Justice must perform duties impeachments. The court also has control over bar authority). prescribed by the Supreme Court. Supreme Court admissions. b. The Supreme Court has exclusive appellate Rule 1.01 makes the Chief Justice the administra- The Chief Justice can jurisdiction in all cases involving the following: tive officer of the court. (1) The validity of a treaty or statute of appoint a member of the court to serve in his place the United States, or a statute or provision of the on the Executive Council of the JudicialConference Judicial councils and confer- Constitution of Missouri. (reference Table 29: (2) The construction of the revenue laws of ences). The presiding judge of each division of the state. the court is the administrative officer of the (3) The title to any state office. division. (4) All appeals involving offenses punish- b. The Supreme Court appoints a State Courts Administrator and other staff to aid in the admin- able by a sentence of death or life imprisonment. The Supreme Court may finally determine all istration of the courts. Reference* Section 5.2.b causes coming to it from the Court ofAppeals, (state-level administrator). other whether by certification, transfer, or certiorari, c. The Supreme Court appoints a clerk and the same as an original appeal. A cause in the staff to aid in the administration of the business Supreme Court is transferred to the court en banc of the Supreme Court. when the members of a division are equally divided [Const., Art. 5, 114(2), 8; V.A.M.S. 11476.340, in opinion, or when the division so orders, or on 477.005; S.C. Rule 82.011 application of the losing party when a member o4 1.6 Rule-making. The Supreme Court may establish the division dissents from the opinion therein, or rules relating to practice, procedure, and pleading These pursuant to Supreme Court rule. for all courts and administrative tribunals. [Const., Art. 4, 111(b), Art. 5, 114, 9, 10, rules have the force and effect of law. The Supreme Art. 7, 12; Vernon's Annotated Missouri Court has general superintending control over The Statutes (hereinafter V.A.M.S.) Sections all courts and tribunals in its jurisdiction. 106.030, 484.040; State Courts Administrator] Court may make temporary transfers of judicial per- 1.4 Justices (7) sonnel from one court or district to another as the a. The Chief Justice is selected through a administration of justice requires, and may estab- court rotation system. He serves a 2-year term. lish rules with respect to these transfers. Each division of the court also selects a presididg [Const., Art. 5, 11 4(Amendment), 5, 61 judge for a 2-year term. b. Supreme Court justices must have been citi- Intermediate Appellate Court zens of the United States for at least15 years, must have been qualified voters of the state for 9 2.1 COURT OF APPEALS. The court sits in St. Louis, years preceding their election, must be atleast Kansas City, and Springfield for the following 30 years of age, and must be licensed to practice terms:'St. Louis--one term per year starting in September; Kansas City--terms beginning in January, law in Missouri. c. Whenever a vacancy occurs, the Governor May, and September; and Springfield--continuous fills the vacancy by appointing one of three quali- session. fied persons whose names are aubmitted by a non- [Missouri Court of Appeals Special Rules, Rules partisan Judicial Commission (reference Table 12: 2.01, Rule V. and Rule II Characteristics of judicial nominating commissions). 307 2.2 Organization. The Court of Appeals is coral/pied intending control over all trial courts and of three leographically determined districts. Any tribunals in its jurisdiction. district of the Court of Appeals may sit in divi- (Const., Art. 5, 114 (Amend.), 5; State Courts sions of at least three judges, as the district's Administrator) judges imay determine. A majority of a division ,constitutes a quorum, and all orders, judgments, Court of General Jurisdiction and decrees have the force and effect of those of the court. 3.1 CIRCUIT COURT. The court sits in continuous [Const., Art. 5,17) session. 2.3 Jurisdiction (V.A.M.S. i47g.2054 a. The Court of Appeals may issue and determine 3.2 Organization. The state is divided into 43 original remedial writs. circu-its. Each circuit consists of three divi- b. The Court of Appeals has general appellate sions: the Associate Circuit, Probate, and Munici jurisdiction in all cases except those within the * pal Divisions. In each circuit there is at least exclusive jurisdiction of the.Supreme Courl. Cases one Circuit Court judge. Where there is more than pending in the Court of Appeals are transferred to one judge, the court can sit in general term or in the Supreme Court when any participating judge divisions. The number of judges in each circuit is dissents from the majority opinion and certifies determined by law. One resident associate judge that he deems the opinion to be contrary to any serves in each county, and each county has as many previous decision of the Supreme Court or of the associate judges as provided by law. Court of Appeals, or any district of the Court of (V.A.M.S. S478.073 to 1478.183; State Courts Appeals. Cases pending in the Court of Appeals may Administrator) be transferred to the Supreme Court by order of the 3.3 Jurisdiction majority of the judges of the participating dis- a. The Circuit Court has original jurisdiction trict of the Court of Appeals, after opinion, or over all cases and matters, criminal and civil. by order of the Supreme Court before or after opin- The Associate Circuit Division hears civil ion because of the general interest or importance actions under $5,000, small claims, misdemeanors, of a question involved in the case, or fdlhple pur- preliminary hearings in felony cases, municipal pose of reexamining the existing law, or PUTsuant ordinance violations in municipalities with popula- to Supreme Court rule. tion over 400,000.with no municipal judge, and (Const., Art. 5, 113, 4,10; State Courts Ad- traffic cases. ministrator) The Probate Division has exclusive original 2.4 Judges (30) jurisdiction over all probate and mental health a. There is no provision for a chief judge over matters. all the districts of the Court of Appeals. Each The Municipal Division has exclusive juris- district of the Court of Appeals selects a chief diction over city ordinance violations. judge from among its members. The chief judges b. The Circuit Court has no appellate jurisdic- serve 2-year terms. tion. b. Court of Appeals judges must meet the same [Const., Art. 5, 114) qualifications as Supreme Court Justices. Refer- 3.4 Judges (300: 131 Circuit Court _judges and 169 ence Section 1.4.b. They must also be residents associate Circuit Court judges) of the districts that they serve. a. There is no provision for a chief judge over c. Court A Appeals judges are selected in the all the circuita of the Circuit Court. The Circuit same manner and for the same term as Supreme Court Court judges and associate judges select from their justices. Reference Section 1.4.c. number a judge to serve as presiding judge in that [Const., Art. 5, 118, 21; State Courts Adminis- circuit for a term of 2 years. trator) b. Circuit Court judges must have been citizens 2.5 Administration of the United States for at least 10 years, must a. Whereas there is no provision for a chief have been qualified voters of the state for 3 years judge over all the districts of the Court of Ap- preceding their election,..mifil be not less than 30 peals, the chihkuudges of the individual districts years of age, must have been residents of the cir- perform duties prescribed by their respective cuit for at least1 year, apd must be licensed to courts. The chief judge of ach district must sub- practice law in Missouri. Associate Circuit Court mit reports on the court to the Judicial Confer- judges must be qualified voters of the state and ence. residents of the county, must be at least 25 years b. There is no provision for an administrator of age, and must be licensed to practice law in for the Court of Appeals. Reference Section 5.2.b the state. (state-level administrator). c. Circuit Court judges are elected to 6-year c. Each district of the Court of Appeals is terms at general elections by the voters within the authorized to appoint a clerk. There are no formal geographic jurisdictional limit. Associate judges provisions for assigning administrative duties to are elected to 4-year terms. the clerk. He has supervisory duties in aiding the [Const., Art. 5, 1119, 21, 25(c)(1); V.A.M.S. administration of the court. §478.010; State Courts Administrator) [Const., Art. 5, 18; V.A.M.S. 11476.350, 3.5 Administration 477.005; State Courts Administrator) a. Whereas there is no provision for a chief 2.6 Ruls-makin . Procedural rule-making authority judge over all the circuits of the Circuit Court, is solely in the Over of the Supreme Court. Ref- the presiding judge of each circuit has general erence Section 1.6. The Court of Appeals is autho- administratiVe authority over all judicial person- rized to make rules governing the administration of nel and court officials in the circuit including judicial business consisEent with the rules of the authority to reassign personnel within the circuit, Supreme Court, the constitution, or statutory law and authority to assign Circuit Court Auld associate in force. The Court of Appeals has general super- Circuit Court judges to hear particular cases.

308 326 b. There is no provision for an administrator Committee is made up of the Chief Justice, a jus- over all the circuits of the Circuit Court. The tice of the Supreme 'Court, a Circuit Court judge, 16th, 21st, and 22nd Judicial Circuits, however, an associate Circuit Court judge, a Municipal Court are authorized to have court administrators ap- judge, a state senator, the attorney general's pointed by the judges of their circuits. In the office, a law professor, a public defender, a pros- 16th Judicial Circuit, the administrator is respon- ecuting attorney, and a citizen. The State Courts sible for administering management services, bud- Administrator serves as secretary. The committee's get, personnel, service of process, and computer functions include the following: establishing services. In the 21st Judicial Circuit no duties priorities for improvement of the courts; defining, are defined. In the 22nd Judicial Circuit the developing, and coordinating programs and projects administrator is to assist in the administration for improvement of the courts; and developing a of the court. state courts plan in accordance with the Omnibus c. Clerks are elected in every county and the Crime Control and Safe Streets Act of 1968 and the city of St. Louis. There are no formal provisions Justice System Improvement Act of 1979. Staff for assigning administrative duties to the clerk. services are also provided to other state commit- He has supervisory duties in aiding the administra- tees. They: tion of the court. (1) Assist the Supreme Court in imple- [V.A.M.S. 1483.015, Jackson County Charter; menting the Court Reform and Revision Act of 1978. Article 4.430 of the St. Louis County Charter; (j) Prepare statistical analyses and Order of general term of 22nd Circuit Court, reports and transmit them to the courts. Revised Statutes of Missouri 478.240(2), State (k) Prepare and submit budget estimates of state appropriations for the maintenance and op- Court Administrator] . 3.6 Rule-makin&. Reference Section 1.6. eration of the judicial system. (1) Examine state of the dockets of the Court of Limited or Special Jurisdiction courts and determine need for assistance. c. Office organization. The Office of the 4.0 There are no courts of limited or pecial ju- State Courts Administrator consists of 51 people. risdiction in Missouri. 28.5 professionals (including the State Courts Administrator) and 22.5 clerical personnel. The State-Level Administration staff provides support services in the following areas: systems analysis, programming, computer 5.1 General administrative authority. The Chief operations, records management, forms development, Justice is the chief administrative officer of the field representation, system programming, and judicial system and supervises the administration liaison formating; court reporting, court coordi- of all courts in the state. Reference Section nation, facilities management, public defender 1.5.a. services, committee staffing, and other court ser- [Collat., Art. 5, $81 vices; payroll, accounting, auditing, budgeting, 5.2 Office of the State Courts Administrator purchasing, and grants, education, training, li- a. The Office of the State Courts Administrator brary, publications, and judicial and court liai- is authorized by the constitution and Supreme Court son; personnel ystems and office management; rule. legislative, executive, public, and media informa- b. State Courts Administrator tion, legislative liaison, executive liaison, and (1) Article 5, Section 4 of the Missouri special assignments usually relating to public in- Constitution authorizes the Supreme Court to formation; and planning and research activities, appoint an administrator to aid in the administra- which include statistical analysis, legal services, tion of the courts. legislative drafting, grants development, and re- (2) The State Courts Administrator is ap- port preparation. pointed by the court to serve at its pleasure. [Const., Art. 5, 64, Missouri Supreme Court There are no siatutory or constitutional qualifica- Rule 82.03, State Courts Administrator] tions for the position of State Courts Administra- tor. Quasi-Judicial Officers (3) The State Courts Administrator has the following responsibilities: 6.1 SUPREME COURT (a) Conduct training sessions for 6.2 Commissioner judges, law clerks, court reporters, and clerks. a. Effective January 1,1972 the law creating (b) Develop and maintain a state-wide the position of commissioner was repealed. Commis- electronic data processing system to collect data sioners holding office on this date shall continue on the operation of the various courts in the to hold office as commissioners of the court until state and to aid in court management. the end of their terms, and shall be eligible for (e) Transfer judges from one court to reappointment thereafter from term to term under another as needed. existing law until retirement, death, resignation (d) Develop and Implement a new or removal for cause. Currently, there are gully record-keeping system in the Circuit Court. two commissioners serving the Supreme Court. Com- (e) Conduct studies on topics of missioners serve 4-year terms. interest to the court and make recommendations b. A commissioner may be assigned by the thereon. Supreme Court as a senior judge to any court in , (f) Process payroll and maintain the state or as a special commissioner. When retirement records for Circuit Court judges, court serving as a senior judge he shall have the same reporters, and juvenile officers. powers as an active judge. (g) Provide the staff to administer [Const. Art. 5 $27(11)] the public defender program. (h) Providerataff services to the Judicial Discipline Judicial Planning Committee. The Judicial Planning

309 327 Figure 2:Missouri state-level administrative office of the courts, 1980

State Court Administrator

dourt Planning, Operations Services Research, Fiscal and Training

Systems analysts Court reporting 7 Atatistical Payroll - Programming Court coordination compilation - Accounting /ether court services - JPC/plenning Auditing - Computer operations - Recorders management Facilities management - Research Sudgeting - Forms development - Public defender Evaluation Purchasing Field representation Committee staffing - Statistics Grants management - System programming - Legislative, cop- - Legal services Personnel systems utive. publisdrand - Legislative drafting Office management media information - Grants development - Legislative liaison Education Training Library Publications - Judicial and court liaison

328

310 7.1 Commission on Retirement, Removal, and Disci- sitting en banc after concurring with the recommen- pline of Judges. The commission is composed of two dation of the Commission on Retirement, Removal, nonlawyer citizens appointed by the Governor, two and Discipline of Judges. The commission receives lawyers appointed by the governing body of the and investigates all complaints concerning miscon- Missouri Bar, one judge of the Court of Appeals duct of judges and magistrates. It is required to selected byls majority of the judges of the Court give notice to the person,heing investigated and of Appeals', an4 one judge of the Circuit Court hold a hearing. When there it a'recommendation by selecttd by a majority of thp circuit judges of the an affirmative vote of at least four of the six members of the commission and the Supreme Court state. [Const., Art. 5, 1241 sitting en banc concurs, the offending judge must 7.2 Authority and procedure for sanction. Judges be removed, retired, uspended, or disciplined by are disciPlined and removed by the Supreme Court the Supreme Court. [Const., Art. 5, 1241

311 329 Figure 1:Montana court system, 1980

SUPREME COURT

7 justices Court of Jurisdiction: last - Appellate jurisdiction in all cases. II resort

DISTRICT COURT (19) 32 judges Jurisdiction: - Civil actions over $50,probate. Small Court of claims under $1,500. general - Felony, misdemeanors. juriediction - Juvenile. Jury trials.

ONI=Ir JUSTICE OF THE PEACE COURT (%90) CITY COURT(G100) Z90 justices of the peace Z100 judges (Many of-theme judges also Jurisdiction: function as justices of the peace.) Contract and damage actions under Jurisdiction. $1,500. Small claims under $750. Tax, contract, and damage actions - Assaults, thefts under $150. Mis- under $300. deeeanors with fin. less than 000 - Assaults, thefts under $150. Mis- or imprisonment less than b months. demeanors with fine less than $500 Preliminary hearings. or imprisonment less than 6'months. Six-man jury trials. City or town ordinance violations. PPreliminary hearings. S. Six-man jury trials. Courts of limited jurisdiction

MUNICIPAL OMIT (2) - WATER COURT (A) 2 judges A District Coutt judges gory! ilFdiction. Jurisdiction: tract and damage actions under - pisputes concerning water rights. 0. Forcible entry and detainer. tfx-oanjury trials. Assaults, thefts under $150. Mis- demeanors with fine less than $500 or imprisonment less than 6 months. Preliminary hearings. Six-man jury trials.

fIndlcates route of appeal.

330

4 ' 312 MONTANA

Court of Last Resort 1.6119,e-makinK. The Supreme Court may make rules governingeappellate procedure and practice, and 1.1 SUPREME COURT. The court meets at Helena, the procedure for all courts, subject to disapproval seat of state government, for four terms per year. by the legislature. The court may prescribe admin- Special terms of court be called as needed. istrative procedure by either rule of order. Each

, [Revised Code of Mon ana (hereinafter R.C.M.), court may promulgate rules for the administration 1947, Section 93-211 Replacement Volume 7] of the business of the court. 1.2 Organization. The S reme Court does not sit [Const., Art. VII, S2; R.C1M. S93-502] in panels or divisitons. 1.3 Jurisdiction Intermediate Appellate Court a. The Supreme Court h s original jurisdiction 0 to issue, hear, and determ e writs of habeas cor- 2.0 There is no intermediate appellate court in pus and other writs as prov d by law. By stat- Montana. ute, the Supreme Court is alit rized to issue extraordinary writs of mandamu ertiorari, pro- Court of General Jurisdiction hibition, and all other necessa ts. b. The appellate jurisdictio he Supreme 3.1 DISTRICT COURT. In districts that are made up Court extends to all cases at law and e uity. of only one county, the court sits in continuous [Constitution, Article VII, Section session. In the districts that comprise more than SS93-214, 93-215] one county, terms must be held in each county at 1.4 Justices (7) least four times a year. a. The Chief Justice is elected by the voters [R.C.M. S93-3151 in the general tate election and serves 8-year 3.2 Organization. There are 19 judicial districts bora. in the state, each with a tatutorily-designated b. Supreme Court justices mast have lken resi- number of judges (from 1 to 4). Eleven districts dents of the state for 2 years prior to king of- have only one judge presiding in the District fice and must have been admitted to the practice ,Court. A Small Claims Division may be created in of law for at least 5 years prior to appointment each court by a resolution of the Board of County or eaection. Commissioners (the county's governing board) after c. Supreme Court justices are elected by the consultation with the District Court judges. voters in the general state election. If incumbent [R.C.M. SS93-301, 93-302, 93-323] justices are unopposed, they are subject to reten- 3.3 Jurisdiction tion elections. All Supreme Court justices serve a. Tgrbistrict Court has statewide jurisdic- 8-year terms after election. When a Vacancy oc- tion in all felony cases.. It has jurisdiction in curs, nominees, selected by the Governor and con- misdemeanors that have not been assigned to court firmed by the Senate, serve until the next general of limited jurisdiction. The District Court has election. statewide jurisdiction in all civil cases. The [Const., Art. VII, SS6, 7, 8, 9; R.C.M. Small Claims Division has civil jurisdiction in S93-702, 93-714; State Court Systems Revised, matters where the amount in dispute is $1,500 or p. 32] less. The District Court issues all necessary 1.5 Administration writs, has the power of naturalization, and has a. The Supreme Court has general supervisory additional jurisdimtion as delegated by state law. control over all other courts. It exercises admin- b. The District Court has appellate jurisdic- istration and supervision over, the entire court tion over courts of limited jurisdiction in the system through the Chief Justice, the State Court form of trials de novo unless otherwise provided Administrator, and trial court judges and clerks. . by law. Reference Section 5.1 (General administrative [Const., Art. VII S4; R.C.M. SS93-318, 93-323] authority). The Chief Justice has responsibility 3.4 Judges (32). The number of judges in each dis- for temporary assignment of judges and control of trict is specified by statute and ranges from one the calendar for the Supreme Court. There are no to four. formal provisions for assigning any appointive a. The District Courts do not have a chief powers to the Chief Justice. judge over all the districts or presiding judges b. Reference Section 5.2.b (state-level admin- for the individual districts. istrator). b. District Court judges must have been resi- c. The clerk of the Supreme Court is elected dents of the ignite for at least 2 years immediately by the voters of the state and serves a 6-year prior to taking office, and must have been members term. There are no formal provisions for assigning of the Montana Bar for at least 5 years. After administrative duties to the clerk. taking office, a judge must reside within his judi- [Const., Art. VII, SS2, 6; R.C.M. SS82-501, cial district. The judge of the Small Claims Di- 93-211] vision of the District Court must be admitted to

313 331 the state bar, but is not required to have a spe- b. There are no provisions for administratorS Reference cific number of years of law experience. for the Justice of the Peace Courts. c. District Court judges are elected to6-year Section 5.2.b (state-level administrator). c. There are no provisions for clerks for the terms by the voters of their respectivedistricte. The judges may serve successive terms. If incum- Justice of the Peace Courts. bent judges are unopposed, they are subject to re- 4.6.1 Rule-making. Reference Section 1.6. tention.elections. Judges of the Small Claims Di-. vision are appointed by the judges of the judicial 4.1.2 CITY COURT. The City Court sits in continu- district and serve at the pleasure of the appoint- ous session. [M.C.A. 43-11-101] ing judges. A City Court is established [Const., Art. VII, 17, 9; Montana Code 4.2.2 Organization. popula- Annotated (hereinafter M. .A.) Section in each city and town, except those having . There are no special- 3-5-201; R.C.M. 1493-302, 93-325, 93-702] tions of 10,000 or greater. ized divisions of the court. 3.5 Administration a. There are no provipøñs for a chiefjudge [R.C.M. 4411-1601, 11-1701] over all the districts 0 for presidingjudges for 4.3.2 Jurisdiction jurisdiction the individual distric s. a. The City Court has concurrent b. There are no provisions for an administrator with the Justice of the Peace Court in filing of oVer all the districts or for administrators for compbaints in felonies, pre.liminary h4arings, misdemeanors, and applications for search warrants. the individual districts. Reference Section 5.2.b in ordi- (state-level administrator). The City Court has exclusive juriSdiction c. Clerks are elected in the districtsby the nance violations, tax matters where the amount in controversy does not exceed $300, municipal debts voters. There are no formal provisions for assigning administrative duties to the clerks. not to exceed $300, and other civil matters not exceeding $300. ' [Const., Art. XI, 43] b. The City Court has no appellate jurisdic- 3.6 Rule-making. Reference Section 1.6.

tion. . Courts O'f Limited or Special Jurisdiction [R.C.M. 411-1602, 11-1603] 4.4.2 Judges (Z100; many of these judges also function as justices of the peace) 4.1.1 JUSTICE OF-tHE PEACE COURT. The Justice of a. The City Courts do not have presiding the Peace Court sits in continuous session. [R.C.M. S93-402] judges. b. City Court judges must have been residents 4.2.1 Organization. Each county of the state must have at least one Justice of the Peace Court, lo- of the city for 2 years and must be qualified cated at the county seat. The Board of County voters. by the voters Commissioners in each county has the authority to c. City Court judges are elected They serve constitute an additional court as deemed necessary. of the city_ at general city elections. Each Justice of the Peace Court has a Small Claims indefinReNrms. . [Const, Art. IV, 42, R.C.M. SS11-701, 11-702, Division. 11-709, 11-713, 11-7161 . [R.C.M. 1193-346, 93-347, 93-401]

4.5.2 Administration . 4.3.1 Jurisdiction a. There are no provisions forpresiding judges a. e Justice of the Peace Court hascriminal fior the City Courts. jurisdicti in assaults, thefts of property not b. There are no provisions.for administrators exceeding $1 and misdemeanors that are punish- for the City Courts. Reference Section 5.2.b able by fine noexceeding $500, or imprisonment not exceeding 6 onths, or both. The Justice of (state-level administrator). c. There are no provisions for clerksfor the the Peace Court as jurisdiction in civil cases where the amo in dispute.does not exceed $1,500. City Courts. Reference Section 1.6. The cour s concurrent jurisdiction with theDis- 4.6.2 Rule-making. trict ourt in forcible entry and detainer actions. 4.1.3 MUNICIPAL COURT. The Municipal Court sits . Each mall Claims Division has jurisdiction in involving dollar amounts up to $750. in continuous session b. The Justice of the Peace Court has np [R.C.M. 411-1708] 4.2.3 Organization. All cities with a population a ells jurisdiction. , of 10,000 o great ay establish a Municipal [R. . 1193-346, 93-347, 93-408, 93-410] Court. The c overnment must approve the estab- 4.4. dges oe90). Each county has at least one court by a two-thirds majority of justice of the peace. The county's governing board lishment of th the governing b dy, and the court must assume con- can establish one additionaljustice position. The tinuing jurisdiction over all pending City Court state legislature can also providefor additional 1 There are no specialized divisions of the justices. cases. a. The Justice of the Peace Courtsdo not have court. [R.C.M. ill-1701] presiding judges. b. Justices of the peace must reside in the 4.3.3 Jurisdiction jurisdic- county in which his court is situated. a. The Municipal Court has concurrent tion with the District Court in forcible entry and c. Justices of the peace areelected by the The Municipal Court also has county voters in the general stateelection to detainer actions. concurrent jurisdiction with the Justice of the 4-year terms. is lo- [Const., Art. VII, 15, 8; R.C.M. iS93-401, Peace Court.of the county in which the city The Municipal Court has the same kind of 93-704] cated., jurisdiction as the City Court in ordinance viola- 4.5.1 Administration tions and civil actions involving not more than a. There are no provisions forpresiding jAdges for the Justice of the Peace Courts. $300.

314 32 b. The Municipal Court has no appellate juris- (2) There are no formal qualifications for diction. the State Court Administrator, but it is specified [R.C.H. 1111-1601, 11-17021 that he may not practice law while holding office. 4.4.3 Judos (2) He is appointed by the Supreme Court and serves at a. The Municipal Courts do not have presiding its pleasure. judges. (3) Under the direction of the Supreme b. Municipal Court judges must have resided in Court, the State Court Administrator prepares and Montana for at least 2 years prior to taking office presents the judicial budget, collects and reports and must have been members of the state bar for 2 court statistics, makes recommendations regarding years. Judges must also be residents and voters administrative improvements, and performs tasks as of the citiea in which the courts aye established, required by the court. c. Municipal Court judges are elected on a non- c. Office organization. The office of the partisan ballot It the general city election to State Court Administrator consists of four profes- 4-year terms. sional and two clerical staff members. [Const., Art. VII, 19; R.C.M. 1111-1703, [R.C.M. 182-510 to 182-513; Office of the Court 11-17041 a. Administrator] 4.5.3 Administration a. There are no provisions for presiding judges Quasi-Judicial Officers for the Municipal Courts. b. There are no provisions for administrators 6.1.1 DISTRICT COURT for the Municipal Courts. Reference Section 5.2.b 6.2.1 Judge pro tempore (state-level administrator). a. Judges pro tempore are appointed on a case- c% There are no provisions for clerks for the by-case basis. They must be members of the bar, Municipal Courts. must be agreed upon in writing by parties, and must 4.6.3 Rule-making.. Reference Section 1.6. be approved by the court. b. Judges pro tempore have full powers of Die- 4.1.4 WATER COURT. This court is administered and trict Court judges in the cases they hear. funded by the Executive branch. It is anticipated [M.C.A. 13-5-113] that the Judicial branch will assume control of this court in July 1, 1981, pending the passage of 6.1.2 DISTRICT COURT the implementing legislation: 6.2.2 Master 4.2.4 Organization. The state is divided into four a. A majority of the judges of a District Court Water Divisions with a Water Court in each divi- may approve the appointment of masters. No formal sion. There are no specialized divisions of the qualifications are specified. Masters serve at the Court. pleasure of the court. [M.C.A. )3-7-102] b. Subject to any limitations specified in the 4.3.4 Jurisdiction court order referring a case to a master, masters a. The Water Court has jurisdiction over all may require the presentation of evidence, rule on disputes concerning water rights within the Water the admissability of evidence, hear witnesses, and Divisions, report their findings to the judges referring the b. The Water Court has no appellate jurisdic- matters to them. tion. [Montana Rules of Civil Procedure (hereinafter [M.C.A. 13-7-501] M.eC.P.), Rule 53(a), 53(c), 53(e)] 4 4.4.4 Judges (4 District Court judges serve) a. The Water Courts do not have presiding7 6.1.3 WATER COURT judges. 6.2.3 Water master 40116Water Court judges are District Court a. The water masters are appointed by the Water judges. Reference Section 3.4.b. Court judges and serve at their pleasure. No for- c. The District Court judges of the judicial mal requirements are specified, but the statute districts within each Water Division select one of requires the appointing judge to consider a water their number to be the Water Court judge for their master's experience with water law, water use, and division for a term of 4 years. water rights. [M.C.A. 113-7-201, 3-7-202] b. Water masters can conduct hearings into mat- 4.5.4 Administration ters referred by the Water Court judges. They are a. There are no provisiOns for presiding judges empowered to hear testimony, rule on the admissi- for the Water Courts. bility of evidence, compel the presentation of b. (Information not available) //evidence, and question witnesses. c.There are no provisions. forclerL for the [M.C.A. 113-7-301, 3-7-311; M.R.C.P., Rules Water Courts. 53(c), 53(e)] 4.6.4 Rule-making. (Information not available) Judicial Discipline State-Level Administration 7.1 Judicial Standards Commission. The commission 5.1 General administrative authority.General ad- consists of two District Court judges representing ministrative control is vested in the Supreme Court different Histricts, elected by peer vote, one at- by the state constitution. The Supreme Court has torney who has practiced law for at least 10 years, general supervisory control over all other courts. appointed by the Supreme Court; and two lay citi- Reference Section 1.5.a. zens from different congressional districts, ap- [Const., Art. VII, 52] pointed by the Governor. 5.2 Office of the Court Administrator [M.C.A. 3-1-1101 to 3-1-1111] a. (Information not available) 7.2 Authority and procedure for sanction. The b. State Court Administrator commission or any citizen of the state may initiate (1) The position of State Court AdminiAtra- .an investigation of any judicial officer by filing tor is prdvided for by statute. a complaint with the Judicial Standards Commission. 315 11? Figure 2: Montana state-level administrativeoffice of the courts, 1980

Court ' Adsdnistrator

Training and Planning Fiscal and Activities Administration Fiscal Manager

Management ..-1-V. 2 Clerical Trainee 1 Clerical Dat Fmtry Clerk

334

316 The commission conducts an' investigation and hear- judicial officer to the Supreme Court. All pro., ings as necessary. If, after the investigation, ceedings before the cemmission are confidential. the commission deems it necessary, it may recommend (R.C.M. 693-422 to 693-728) retirement, removal, censure, or suspension of a

/ /

, 335 317 Figure 1:Nebraska court system, 1980 ". SUPREME COURT 7 Justices Jurisdiction: Court of - Original jurisdiction in cases relating to last revenue and in civil cases in which the resort state is a party. - Determination of all case. involving the constitutionality of statute, and may review any decision reordered by division of the court. - Appeal. from a conviction ofhomicide.

w DISTRICT COURT (21) 45 judges Jurisdiction: - General Jurisdiction in civil actions ex- Court of cluding mmall claims And probate. Domestic general relations matters. Jurisdiction - General jurisdiction in criminal matters. - Juvenile felony matters (under age 18). Appeals on the record in criminal. Appeal. de novo on the record in civil.t Jury trials. a

WoREMEN'S COMPENSATION COURT SEPARATE JUVENILE COURT (J) 5 Judge. 4 Judges Jurisdiction Jurisdiction: - Original hiriediction in claims for - All juvenile matters in Douglas, workmen's :ompensation benefits. Lancaster, and Sarpy Counties. r All divorce and alimony action, transferred from District Court, where care, support, custody, or control or a minor child is involved.

Courts of a. limited KINICIPAL enuRT (2) COUNTY COURT (2)) jurisdiction 13 Judges 43 Judges (Omaha end Lincoln Counties) COUNTY COURT SMALL CLAIMS MUNICIPAL COURT SMALI CLAIMS COURT Jurisdiction COURT Jurisdiction' Jurisdiction. Jurisdiction: - Civil actions under - Small claims $5,000, probate, guard- - Small claims - Civil action. under under $1,000. ianship, adoptions, en- under $1,000. $5,000. inent domain, decedent's - Municipal ordinance violations, minde- estates . meanors, and prelim- - Misdemeanors, municipal ordinance violations inary hearings. (penalty not exceeding 1 - Juvenile matters year's imprieonmant or (juvenile miademeAnnr fine over $1,000), and and traffic comes). preliminary hearings. - Traffic case,. - Juvenile except in Douglas, Lancaster, and Serpy counties. Jury trials in civil and iece law cases. Jury trials.

ItIndicates rout, of appeal.

make an independent determination of the facts. t In Nebraska, "cle novo on the record- means that the court may

336 318 NEBRASKA

Court of Last Resort years of age, must be citizens of the United States, and must be residents and voters of the 1.1 SUPREMECOURT. The court meets for two terms Supreme Court districts from which selected. They each year in Lincoln. The terms begin on the first must'be members of the state bar, and must have had Monday in January and the third Monday in Septem- 5 years of law,practice experience in the state. ber. Special terms may be designated by the court. c. Supreme Court justices are selected through (Constitution, Article V, Section 3; Reissue merit plan by which they ere nominated by a Revised Statutes (hereinafter R.R.S.) Sections Judicial Nominating Commission (reference Table 12: 24-205, 24-2061 Characteristics of judicial nominating commissions) 1.2 Organization. The court may sit en banc or in and appointed by the Governor. If the Governor two divisions of five justices each. Cases involv- fails to make an appointment within 60 days, the ing the constitutionality of statute or homicide Chief Justice makes the appointment. Justices must convictions must be heard by the court sitting en run for retention election at the first general banc. The entire court may review any decision election following 3 years in office. They serve rendered by division of the court. Whenever 6-year terms. necessary for the prompt submission and determina- (Const., Art. V, SS7, 21; 1979 R.S. Supp. tion of causes, the Supreme Court is authorized to S24-202; State Court Administrator] form two divisions of the court, with five judges 1.5 Administration in each division. This is accomplished by appoint- a. The Supreme Court has administrative author- ment of District Court judges to act ea associate ity over all courts, which is exercised by the judges, sufficient in number with the Supreme Court Chief Justice. He exercises administration nd justices to make up the two divisions of five supervision over the entire court system through judges each. Four judges are needed in each , the State Court Administrator; District and County division to form quorum. Court presiding judges; Municipal Court presiding (Const., Art. V, S21 judges and the court administrator of the Municipal 1.3 Jurisdiction Court of Omaha; presiding judges of the Separate a. The Supreme Court has original jurisdiction Juvenile Court and the court administrator of the in cases relating to revenue, civil cases in which Separate Juvenile Court of Omaha; and the presiding the state is party, mandamus, quo warranto, judge and the court administrator of the Workmen's habeas corpus, and election contests involving Compensation Court. Reference Section 5.1 (General state officers other than legislators. The court administrative authority). He has no specific also regulates admission to the bar and the prac- duties with regard to the administration of the Su- tice of attorneys. preme Court other than the appointive power noted b. The court hears en banc all appeals from in Section 1.4.c. conviction of homicide, determines all cases in- b. Reference Section 5.2.b (state-level admin- volving the constitutionality of statute, and istrator). may review any decision rendered by division of c. The clerk is appointed by the court. The the court. All District Court decisions can be ap- clerk's duties are primarily clerical. He is the pealed as matter of right to the court or di- custodian of the seal of the court and is respon- vision thereof. Matter of right appeals to the Su- sible for performing those duties prescribed by law preme Court are also permitted from the Workmen's and orders of the court. The clerk is also respon- Compensation Court and the three Separate Juvenile sible for keeping the fee book of the court nd Courts. Certain administrative agency appeals, submitting quarterly report to the Governor. such as those from the Commission of Industrial (Const., Art. V, SS1, 8; R.R.S. SS24-214, Relations and the Public Service Commission, are 24-215, 24-2211 to the Supreme Court. 1.6 Rule-making. The Supreme Court promulgates (Const., Art. V, S2; R.R.S. SS24-204, 43-238, rules of practice and procedure for all courts. 48-152, 48-153, 84-918; Revised Statutes of In January of odd-numbered years the justices of Nebraska 1979 Supplement (hereinafter 1979 R.S. the Supreme Court revise the general rules of court Supp.) Section 48-812; Revised Rules of the and adopt any additional rules necessary. The Supreme Court of the state of Nebraska 1977 Supreme Court is authorized to make some adminis- (hereinafter Revised Supreme Court Rule) Rules trative rules for other courts. I.l.c., II, III1 (Const., Art. V, S25; R.R.S. S24-210; State 1.4 Justices (7) Court Administrator] 'a. The Chief Justice is appointed by the Gover- nor. He continues in t6is role for as long as he Intermediate Appellate Court serves on the court. b. Supreme Court justices 'oust be at least 30 2.0 There is no intermediate appellate court in Nebraska.

319 317 Court of General Jurisdiction 4.1.1 COUNTY COURT. The County Court sits in continuous session. 3.1 DISTRICT COURT. The judges set the terms of (State Court Administrator] court in the counties of their respective dis- 4.2.1 Organize on. There is a Count Court in tricts. A special term may be held when necessary. each of the stat s 93 counties. The County Court (R.R.S. 1124-303, 24-3041 sits at the coun y seat. The state is divided into 3.2 Organitation. There are 21 judicial districts 21 county ju districts, similar to District with 1 to 9 counties in each district. All terms Court boundaries. Each County Court has a Small are held at the county seat or place otherwise pro- Claims Department, which is designated the Small vided by the Board of County Commissioners. The Claims Court. Other specialized divisions may be District Court is referred to as Conciliation Court established at the discretion of the county judges. when it is hearing domestic relations cases. (R.R.S. 1124-502, 24-503, 24-512; 1979 R.S. (R.R.S. 115-105, 24-303, 42-801 to 42-8231 Supp. 124-5221 3.3 Jurisdiction 4.3.1 Jurisdiction a. The District Court has both chancery and a. The County Court has concurrent jurisdiction common law jurisdiction in all criminal and civil with the District Court in criminal actions where matters unless otherwise provided, i.e., unless the penalty does not exceed 1 year of imprisonment vested in other courts. Those exceptions are in or fine over $1,000 or both; in civil actions the following areas: probate, guardianship or con- where the amount in controversy is less than servatorship of any person, most juvenile matters, $5,000; and in the involuntary partition of a and city or village ordinance violations. ward's interest in real estate owned in common with b. The District Court has appellate jurisdic- others. The County Court has exclusive original tion over appeals from the County and Municipal jurisdiction in all matters relating to decedents' Courts and most administrative agencies. estates; matters of guardianship or conservator- [(I.R.S. 1124-302, 25-1901, 84-917; 1979 R.S. ship; and adoptions. The court also has exclusive Supp. 124-5171 jurisdiction over city or village ordinance viola- 3.4 Judges (45) tions, except those in cities havift a Municipal a. There is no provision for a chief judge over Court. Where a Separate Juvenile Court has not all the districts of the District Court. The judi- ¢een established, the County Court has exclusive cial districts are not required to establish pre- original jurisdiction in juvenile cases, except siding judge positions. In three large ilt i-jud e that the Iprisdiction is concurrent with the Dis- districts, however, such positions have trict CouTt in Cases where a child under age 18 is created. Presiding judges in these cou charged with a felony. The cOurt's jurisdiction elected annually by their peers. is concurrent with the District and Municipal b. District Court judges must meet the same Courts if a child of 16 or 17 years of age is requirements as Supreme Court justices. Reference charged with a misdemeanor or a child under the age Section 1.4.b. of 16 has been charged with a traffic offense. c. District Court judges are selected in the The Small Claims Division has jurisdiction same manner and for the same term as Supreme Court in civil claims less than $1,000. Preliminary ex- justices. Reference Section 1.4.c. aminations are conducted in the County Court. (1979 R.S. Supp. 124-301; James E. Dunlevey, b. The County Court has no appellate jurisdic- "Comparison of the Nebraska Court System with tion. the ABA Standards on Court Organization--A [(I.R.S. 143-202; 1979 R.S. Supp. 124-522; 1978 Report," April 1977 (hereinafter Dunlevey R.S. Supp. 124-5191 Report); State Court Administrator] 4.4.1 Judges (43) 3.5 Administration a. In multi-judge County Court districts, the a. Whereas there is no provision for a chief judges select a presiding judge annually. judge over all the districts of 9e District Court, b. County Court judges must be at least 30 three large multi-judge districts have established years of age, must be citizens of the United the position of presiding judge. Presiding judges States, must be residents of and legal voters in may designate a judge of the District Court to the districts from which selected, and must have serve during the absence or disqualification of been residents of Nebraska for at least 3 years. judges of the Separate Juvenile Court. c. County Court judges are selected in the same b. There are no provisions for an administrator manner and for the same term as Supreme Court jus- over all the districts of the District Court or for tices. Reference Section 1.4.c. administrators for the individual districts. Ref- (Const., Art. V, 17; R.R.S. 1124-202, 24-5061 erence Section 5.2.b (state-level administrator). 4.5.1 Administration c. District Court clerks are elected in any a. Where the position has been established, the county with a population greater than 7,000. In presiding judge of a County Court assigns cases to counties of less than 7,000, the county clerk the associate judges (reference Section 6.2.3). serves as clerk of the court. The clerk is respon- b. There are no provisions for administrators sible for submitting annual judicial statistics to for the County Court. Referene Section 5.2.b the Supreme Court. The clerk is also responsible (state-level administrator). for keeping a record of the proceedings of the c. In counties with a population of 3,000 or court, under the direction of the judge, and is less, the county clerk serves ex officio as clerk authorized to microfilm records. of the County Court. In counties with a population (R.R.S. 1124-337, 24-337.01, 24-337.02, 32-307, greater than 3,000, the associate county judge is The 43-237] the ex officio clerk of the County Court. 3.6 Rule-making. Reference Section 1.6. clerk has the same power in the County Court as the clerk of the District Court. Reference Section Courts of Limited or Special Jurisdiction 3.5.c. The clerk signs and issues marriage

320 338 licenses, and is responsible for keeping the rec- Separate Juvenile Court at Omaha, however, has ords of the court. H. also receives and accounts created and filled the position.. for money received by the court. c. Clerks of the District Courts also serve as [R.R.S SS24-510, 24-511, 24-518, 24-5191 clerks of the Separate Juvenile Courts. Reference 4.6.1 Rule-making. The statutory codes of criminal Section 3.5.c. and civil procedure and Supreme Court rules govern [R.R.S. SS43-235, 43-236, 43-236.01; Dunlevey practice and procedure in the County Courts. Ref- Report] erence Section 1.6. 4.6.2 Rule-making. The presiding judges have cer- [R.R.S. S24-5281 tain administrative rule-making powers. Reference Section 1.6. 4.1.2 SEPAAATE JUVENILE COURT. The Separate Juve- [R.R.S. S43-228 to S43-243.011 nile Court sits in continuous session. [State Court Administrator] 4.1.3 MUNICIPAL COURT. The Municipal Court sits 4.2.2 Organization. Separate Juvenile Court dis- in continuous session. tricts are authorized in any county with a popula- [R.R.S. S26-1011 tion greater than 30,000 where authorized by the 4.2.3 Organization. A Municipal Court may be

electorate. A Separate Juvenile Court has been . established in metropolitan (over 300,000 popula- stablished in Douglas County (Omaha), Lancaster tion) and primary class (100,000 to 300,000) cities County (Lincoln), and Sarpy County (Papillion). only. A Municipal Court has been established in The presiding judge may establish specialized divi- Omaha (Douglas County) and Lincoln (Lancaster sions of the court. County). Geographical jurisdiction of each Munici- [R.R.S. SS43-228, 43-236.01; Dunlevey Report] pal Court is coextensive with the boundaries of the 4.3.2 Jurisdiction counties. Each Municipal Court has a Small Claims a. Where established, the Separate Juvenile Department,.which is designated the Small Claims Court assumes the exclusive original jurisdiction Court. of the County Court and maintains concurrent juris- [R.R.S. SS24-521, 26-101, 16-116; Dunlevey Re- port] , diction with the District Court if an individual under 18 years of age is accused of a felony. The 4.3.3 Jurisdiction court also has concurrent jurisdiction with the a. The Municipal Court has exclusive original District and Municipal Courts in misdemeanor cases jurisdiction over municipal ordinance violations involving juveniles 16 or 17 years of age, and in and concurrent jurisdiction with the County Court traffic violations involving juveniles under 16. in criminal cases and in civil cases not exceeding The Separate Juvenile Court has exclusive original $5,000. Municipal judges have the jurisdiction jurisdiction over a juvenile's parents, guardian, and authority to try fortible entry and detention or custodian and over proceedings for the termina- cases; to proceed against security for costs and tion of parental rights. The court has concurrent surety for the tay of execution on their dockets; jurisdiction with the District Court over all mat- to issue attachments and proceed against goods and ters arising under the provisions of Chapter 42, effects of debtors in certain cases; to issue exe- Article 3 (Divorce and Alimony) of the Nebraska cution on judgments; to try actions for the recov- Statutes, where the care, support, custody, or con- ery of damages for an assault or assault and bat- trol of minor children is involved. Such matter. tery; and to try actions for the recovery of money are filed in the District Court and may with the due on contracts for the sale of real estate. consent of the juvenile judge be transferred to the The Small Claims Division has jurisdiction Separate Juvenile Court. over civil claims of less than $1,000. b. The Separate Juvenile Court has no appellate b. The Municipal Court has no appellate juris- jurisdiction. diction. [R.R.S. SS43-202, 43-230] [R.R.S. SS24-517, 26-117, 26-118, 26-119; 1979 4.4.2 Judges (4) R.S. Supp. S24-5221 a. In counties with two judges, the senior 4.4.3 Judges (13) judge in service becomes the presiding judge. The a. Presiding judges are elected by the courts position of presiding judge is rotated annually, annually. unless another system is agreed upon by the judges. b. Municipal Court judges must meet the same At the present time, there are no presiding judges. requirements as Supreme Court justices. Reference b. Separate Juvenile Court judges must meet the Section 1.4.b. same qualifications as Supreme Court justices. c. Municipal Court judges are selected in the Reference Section 1.4.b. same manner and for the same term as Supreme Court c. Separate kvenile Court judges are elected justices. Reference Section 1.4.c. in the same manner and for the same term a Supreme [R.R.S. SS26-102, 26-107; 1979 R.S. Supp. Court justices. Reference Section 1.4.c. S26-103] [R.R.S. SS43-230.01, 43-233.01, 1979 R.S. 4.5.3 Administration Supp. S43-233; State Court Administrator] a. Presiding judges of the Municipal Court are 4.5.2 Administration responsible for the general supervision of the a. Presiding judges appoint chief probation courts. They assign Municipal Court judges to officers and other officers and employees as need- their courts and may designate another judge to act ed. Presiding judges set the salaries of the pro- as presiding judge in their stead when necessary. bation officers and other employees of the Separate b. There are no forsal provisions for adminis- Juvenile Court, subject to the approval of the trators for the Municipal Court. The Municipal Board of County Commissioners or Supervisors. A Court of Omaha, however, has created and filled the presiding judge of the Separate Juvenile Court may position. The administrator performs duties in the appoint associate judges (reference Section 6.2.4). areas of planning, organization, and internal con- b. There are no formal provisions for adminis- trol. trators for the Separate Juvenile Courts. The 321 339 c. Clerks of the MUnicipal Court art appointed and issuing all notices and ler ts. He superintends by the judos. Th at/1'k must be a rtaident of tht the clerical business of the c urt, and performs city where the court is hold and must execute a other duties as direeted by th4 presiding judge. bond before assuming the clerk's duties. The clerk The clerk is Authorized to micr film records. . 148-157; State has the same powers in the MUnicipal Court, unless (R.R.S. 148-155; 1976 R.S. S otherwise provided, as the clerk of the District Court Administrator] Court of the district in which the MUnicipal Court 4.6.4 Rule-making. The judges of the orkmen's omulgate is situtated. Reference Section 3.5.c. Compensation Court are empowered to [R.R.S. 1126-106, 26-107, 26-108; Dunlevey rules of practice in their cour long as such Subject to Report; State Court Administrator] rules do not conflict with state law. 4.6.3 Rule-making.. Judges of the MUnicipal Court the general administrative authority of the Supreme may promulgate rules of practice in their courts Court, the court is authorized to issueadministra- so long as such rules do not conflict with state tive rules nec y for the operation of the law. Reference Section 1.6. court. 1126-1, 26-202] [R.R.S. 148-152 to 148-191]

4.1.4 WORKMEN'S COMPENSATION COURT. The Workmen's State-Level Administration Compensation Court sits in continuous session. The Supreme [State Court Administrator] 5.1 General administrative authority. 4.2.4 Organization. The Workmen's Compensation Court has administrative authority over all the Court, an administrative agency, is a statewide courts of the state, which is exercised by the court. Initial hearings are held before a single Chief Justice. Reference Section 1.5.a. judge in the county in which the accident occurred. [Const., Art. V, 11] Either party who refuses to accept the findings may 5.2 Office of the State Court Administrator file within 14 days an application for a rehearing a. The Office of the State Court Administrator before the court sitting en banc. Rehearings are is constitutionally authorized. normally heard in Lincoln. The court is organized b. State Court Administrator into three branches: the Adjudication Branch, (1) The position of State Court Administra- which consists of judges, clerks, and secretaries; tor is constitutionally authorized. the Rehabilitation Branch, which supervises pro- (2) The State Court Administrator is grams for individuals who have or who have had appointed by the Chief Justice. There are no stat- claims; and the lagal Counsel (investigative) utory or constitutional qualifications for this Branch, which performs investigatory work regarding position..In practice, he is required to have employers' Insurance coverage. administrative experience. [R.R.S. 1148-177, 48-152, 48-179; Workmen's (3) The State Court Administrator has the developing and admin- Compensation Court Administrator] following responsibilities: 4.3.4 Jurisdiction istering the personnel system for nonjudicial a. The Workmen's Compensation Court enforces employees (including associate judges) of the the provisions of the Workmen's Compensation Act. County Court, developing and administering the b. The Workmen's Compensation Court has no ap- rules governing court reporters for the District pellate jurisdiction. Court and Separate Juvenile Court; preparing and (R.R.S. 148-152] dministering the budget for the Supreme Court, 4.4.4 Judges (5) County Court, and court reporters; managing orien- a. On July1 of every odd-numbered year, the tation and continuing education programs for the judges of the Workmen's Compensation Court select County Court and court reporters; developing a presiding judge. records management, accounting, and case processing b. Workmen's Compensation Court judges must systems and methods for the County Court;acting meet the same qualifications as Supreme Court jus- as liaison for the court system with thelegisla- tices. Reference Section 1.4.b. ture, the bar, the news media, and others; advisipg c. Workmen's Compensation Court judges are se-' Judges and local officials, upon request, on lected in the same manner and for the same term as standards for construction of court facilities; Supreme Court justices. Reference Section 1.4.c. establishing standards for tape recording equipment [R.R.S. 148-155; 1979 R.S. Supp. 1148-153, used by courts; and conducting research and plan- 48-153.011 ning for future needs. The office has a total 4.5.4 Administration c. Office organization. a. The presiding judge maydesignate another staff of seven people: four professionals (includ- judge to serve in his absence. The presiding judge ing the State Court Administrator) and three cleri- presides at all rehearings of the court and makes cal personnel. all rulings, except those that arise during an [Const., Art. V, 11; R.R.S. 1124-514, 24-515; original heAring before another judge, assigns the Dunlevey Report; State Court Administrator] work of the clzurt, presides at meetings of the judges, and performs supervisory duties as needed. Quasi-Judicial Officers The presiding judge appoints a clerk of the court and other assistants and employees as necessary, 6.1.1 DISTRICT COURT AND COUNTY COURT including rehabilitation specialists. 6.2.1 Referee b. The court employs a court administrator, al- a. Referees may be agreed on by the parties in- though this is not a statutory position. The ad- volved or appointed by the court. In practice, ministrator performs duties in the areas of plan- they are required to be attorneys. ning, organization, and internal control. b. Referees decide disputes and their decisions c. The presiding judge of the Workmen's Compen- are entered as if tried by the court. In the sation Court appoints the clerk who serves at the County Court both parties must consent to the use pleasure of the court. The clerk is responsible of a referee. for keeping the records of the court's proceedings [R.R.S. 1125-1131, 25-1132, 25-1133; State Court Administrator] 322 34 0 Figure 2: Nebraska state-level administrative office of the courts, 1980

Stte Court Administrtor

Associat Administrator

AdministrtIve Assistnt Secratry Assistant Administrator

"Quo,

Accounting Clerk

323 311 6.1.2 DISTRICT COURT AND COUNTY COURT b. Presiding judges may assign any matter to associate judges for determination, except those 64.2 Master relating to divorce and alimony. a. Masters are appointedlOy the court. In practice, they are requirerta be attorneys. IR.R.S. 143-236.01] b. Masters are authorized in civil suits involving a receiverstap where the rights of the 6.1.5 MUNICIPAL COURT parties have not been firlly,determined. Masters 6.2.5 Acting judge a. Acting judges are appointed by and serve at may also sell and siege property pureuant to a the pleasure of the Governor. The only qualifica- court order or judgment. They assess accounts or' make findings,as to appropriate damages in the case tions are'that they be "competent and disinterest- of a default judgment. ed." b. Acting judges serve in the capacity ofMuni- - 1125-1081, 25-1090, 25-1308, 25-1326; State Court Administrator] cipal Court judges. IR.R.S. 1126-1, 26-2031 6.1.3 COUNTY COURT 6.2.3 Associate judge 6.1.6 WORK11N'S COMPENSATION COURT a. Associate judgee are appointed by thejudge 6.2.6 Acting judge "qualified and dis- of the court they serve.Associate judges must be a. The Governor may appoint legal voters and residents of the counties in which interested" persons to act in place of judges of they serve, must be high school graduates, and must the court. attend training institutes provided by the Supreme b. Acting judges are subject to the same duties as regular judges and are subject to thecall of Court. b. If the associate judge,ilLim attorney, he the presiding judge. has the same jurisdiction as a judge of the County IR.R.S. 148-155.01] Cquzt. The jurisdiction of an associate judge not trained in the law is limited to the following Judicial Discipline civil actions not exceeding $1,000; ordi- matters: The nance violations; misdemeanors; proceedings for 7.1 Commission on Judicial Qualifications. Member- the issuance of wa,rrants for arrest or for searches commission is constitutionally mandated. ship consists of two justices of the Supreme Court, and.seizures; pr iminary examination; juvenile, judge of a proceedings, exce t the commitment to state in- two judges of the District Court, one Municipal Court, one judge of the Workmen's Compen- stitution or the ter.zination of parental rights; any proceeding to prevent the commission ofcrimes; sation Court, and one judge of the County Court, all appointed by the Chief Justice; two membersof_ and any proceedingrelating to decedents' estates, noncontested inher tance tax matters, guardianship the Nebraska State Bar Association who have prac- or conservatorship (except the construction of ticed law in the state for 10 years, appointed by and wills and cruets), the determination of title to the Executive COuncil of the Bar Association; Governor. real estate, and fhe authorization of the sale or two nonlawyer citizens, appointed by the mortgaging of real estate. The Chief Justice has 1Const., Art. V, 128] The com- established a policy that, to the greatest extent 7.2 Authority and procedure,for sanction. possible, all contested matters should be tried by mission investigate& both complaints against judges and requests for retirement (by the justices and law-trained judges. Nonlawyer associate judges may The commission has such powers as are be delegated some contested matters in emergency judges). situations and where it will expedite the resolu- necessary to conduct an investigation into the If there is sufficient cause, the tion of cases. allegations. The judge IR.R.S. 1124-507, 24-508, 24-518; 1978 R.S. commission,may conduct a formal hearing. Supp.124-519; State Court Administrator] has specific rights in this hearing, including cross-examination of witnesses. The commission may ask the Supreme Court to appoint a special master 6.1.4 'SEPARATE JUVENILE COURT If after the hearing, arid after 6.2.4 Associate ludge to hear evidence. a. Juvenile Court associate judges areappoint= the report of the master, the commission determines ed by presiding judges. They must be members of there is good cause for removal, it makes such the state bar. recommendation to the Supreme Court. [R.R.S. 124-721]

3 42

324 NEVADA

Court of Last Resort c. The Supreme Court appoints a clerk. He has responsibilities as determined by the court. 1.1 SUPREME COURT. The Supreme Court meets two full [Const., Art. VI, S19; N.R.S. SS2.200 to 2.2301 weeks out of each month, except in July and August. 1.6 Rule-making. The fupreme Court has the author- It meets two full weeks out of the month for 8 ity to promulgate rules that regulate original and months in Carson City and two full weeks out of the appellate civil practice and procedure in all courts month for two months in Las Vegas. Terms are held of the state. Criminal procedure is governed by the st the seat of state government unless the legisla- Nevada Criminal Procedures Law. The Supreme Court ture provides otherwise by law. may make rules, not inconsistent with the constitu- (Constitution, Article VI, Sections 1, 7; tion and laws, for its own government, the govern- Administrative Office of the Courts] ment of the District Courts, and the government of 1.2 Organization. The Supreme Court does nottsit the state bar of Nevada. in panels or divisions. Decisions of the court are [N.R.S. SS2.120, 169.015 et. seq.] by majority vote. [Const., Art. VI, S2; Nevada Revised Statutes Intermediate Appellate Court (hereinafter N.R.S.) Section 2.010] 1.3 Jurisdiction 2.0 There is no intermediate appellate court in a. The Supreme Court may issue writs of manda- Nevada. A resolution to create a Court of Appeal mus, certiorari, prohibition, habeas corpb1, and all is to be submitted to the voters in 1980. writs necessary to the complete exercise of its [Assembly Joint Resolution No. 2, File No. 101]

appellate jurisdiction. "4 b. The Supreme Court has appellate jurisdiction Court of General Jurisdiction on questions of 'Thy alone in all criminal cases in which the offense charged is within, the original 3.1 DISTRICT COURT. The District Court sits in.con- jurisdiction of the District Court; in all cases in tinuous session. quity; in all eases at law involving real estate, [N.R.S. SS1.120, 1.130] ining claims, or the legality of property taxes; 3.2 Organization. The legislature has provided for and in all civil cases not included in the general 9 judicial districts, 6 of which have one district subdivisions of law and'equity. judge; the other 3 districts have 2, 9, and 12 [Const., Art. VI, S4; N.R.S. SS2.080, 2.100] judges respectively. The District Court is termed 1.4 Justices (5) the Juvenile Court when it holds juvenile sessions. s. The Chief Justice is selected on the basis [N.R.S. SS3.020, 62.010 et. la.] of seniority, or by lot if there is more than one 3.3 Jurisdiction justice with the same seniority, and serves a 2-year s. The District Court has original jurisdiction term. in criminal cases not within the jurisdiction of b. Supreme Court justices must be members of the another court; all equity cases; all cases at law Nevada Bar, must have been residents of the state involving real property, mining claims, or the for st least 2 years, and must be st least 25 years legality of any tax; civil cases involving over old. $300; probate and guardianship matters; forcible "c. Supreme Court justices are elected to 6-year entry and unlawful detainer; and cases in which terms in nonpartisan elections. Vacancies orb election to i public office is contested. District filled by the Governor from among three nominees Court judges also function as Juvenile Court judges, selected by the Commission on Judicial Selection having exclusive original jurisdiction over (reference Table 12: Characteristics of judicial juvenile matters. nominating commissions). Appointees serve until the b. The District Court has appellate jurisdic- next general election. tion over cases appealed from courts of limited [Const., Art. VI, SS3, 20; N.R.S. SS2.020, jurisdiction and may issue necessary writs. 2.030; State Court Administrator] [Const., Art. VI, S6; N.R.S. SS3.190, 3.200, 62] 1.5 Administration 3.4 Judges (29) s. The Chief Justice is the administrative head a. There is no provision for i chief judge over of the court system,He exercises administration all the districts of the District Court. Chief and supervision over the entire court system through judges are elected by their peers in two of the nine the State Court Administrator and two District Court judicial districts and serve i 1-year term. chif judges. Reference Section 5.1 (General admin- b. District Court judges must be members.of the istrative authority).The Chief Justic has the Nevada Bar, must be st least 25 years of age, and power to apportion cass among Supreme Court judges. must have been residents of the stat for at least b. Reference Section 5.2.b (state-level edulnis- 2 year.. trator). 325 I

Figure 1:Nevado court system, 1980 4

ISUPREME COURT 5 juetices Jurisdiction: Court of - Appellate jurisdiction over equity,law laet I(over 000), end all other civil matters retort not given to a lower coort, end questions of law indtriminal Cases of District Court. - Certiorsri review of cases originatingin Justice and MuniciAl Courts and appealed to the District Court.

1 IMI, DISTRICT COURT (9) 29 judges Jurisdiction: Original jurisdiction In equity, low, probate, mantel health, guardianship, forcible entry and detainer, and election Court of eattr. general Civil action. if over $100. jurisdiction - Felonies; misdemeanors with fine greater than $500, sentence greater than 6 months. - Exclusive original jurisdiction over juvenile netters including adults in relation to Juveniles. Appeals are trial denovo. Jury triale. - I t t MUNICIPAL ODURT (21) JUSTICES' COURT (60) 60 justices of the Peace* 21 judges Jurisdiction: Jurisdiction: - Courts of - civil ectiemm umimr $750, except title - Civil action, when less then $750 and and the plaintiff is the city. limited to reel estate or mining claims, all jurisdiction landlord-tenant matters. - Municipal ordinance violations, misdemeanors with fine under $500 and/or - Mledemealors with fine under $500 sentence under 6 Month.. ond/or eentence under 6 months. - Motor vehicle violation..

ItIndicates route of appeal.

*Minejustice", of the peace alsorvees Municipal Court judge..

326t x4 c. District Court judges are elected to 4-year and dockets of the court. He also performs such terms on a nonpartisan basis by the voters of their other duties in connection with the office as the respective districts at the general elections. justice of the peace prescribes. [Const., Art. VI, S5; N.R.S. SS3.025, 3.050, [N.R.S. S4.35016

3.060; State Court Administrator] , 4.6.1 Rule-imaking. Reference Section 1.6. 3.5 Administration a. Whereas there is no provision for a chief 4.1.2 MUNIG1PAL COURT.The Municipal Court sits in *- judge over all the districts of the District Court, continuous session. the chief judges of the two multi-judge districts [N.R.B. S5.0701 assign cases to the judges of the court, prescribe 4.2.2 Organization. AkMunicipal Court may be houts of the court, and adopt rules and regulations established by the legislature in incorporated to expedite the court business. The chief judges cities and towns. There are no specialized must submit written reports to the clerk of the divisions of the court. Supreme Court. [Const., Art. VI, Sl; N.R.S. SS1.010, 5.010] b. There are E1-21,1ei9ns for an administrator in 4.3.2 Jurisdiction Clark County., a. The Municipal Court has jurisdiction over c. The elected county clerks are ex officio misdemeanors punishable by a fine not exceeding clerks of the District Court.They have responsP- $500 and/or imprisonment not exceeding 6 months, bilities as determined by the court. ordinance violations, abatement of nuisances, [Const., Art. IV, S32; N.R.S. SS3.025, 250] vagrancy and disorderly conduct, petit larceny, 3.6 Rule-making. Reference Section 1.6. Local minor assault and battery, and breaches of peace. District Court rules of practice have been approved The Municipal Court also has civil jurisdiction for five judicial districts. when a fine is less than $750. [Local District Court Rules of Practice] b. The Municipal Court has no appellate jurisdiction. Court of Limited or Special Jurisdiction [N.R.S. S5.0501 4.4.2 Judges (21). Each Municipal Court is held by 4.1.1 JUSTICES' COURT. The Justices' Court sits in one judge, designated as a police judge. continuous session. a. The Municipal Courts do not have presiding [N.R.S. S4.3601 judges. 4.2.]. Organization. The Justices' Court serves b. Municipal Court (police) judges are required geographic areas known as townships. There is one to attend'a course of instruction upon election. Justices' Court in each township of the state, with c. Municipal Court (police) judges are elected from one to five justices based on population. by the voters of their respective cities. The term There are no specialized divisions of the court. of office is for 1 year unless a longer period is [N.R.S. S4.020] fixed in the acts incorporating the city. 4.3.1 Jurisdiction [N.R.S. SS5.010, 5.020, 5.026; State Court a. The Justices' Court has jdrisdiction over Administrator] motor vehicle violations, petty larceny, assault 4.5.2 Administration and battery (except on an officer or with intent to a. There are no provisions for presiding judges kill), criminal mischief, and disturbances of the for the Municipal Court. peace. Civil actions involving up to $750 in b. There are no provisions for administrators controversy and landlord-tenant cases, regardless for the Municipal Court. Reference Section 5.2.b of amount, can be brought in the Justices' Court. (state-level administrator). b. The Justices' Court has no appellate juris- c. There are no provisions for clerks for the dic,tion. Municipal Court. [N.R.S. §4.370] 4.6.2 Rule-making. Reference Section 1.6. 4.4.1 Judges (60) a. The Justices' Courts do not have presiding State-Level Administration judges. b. Justices of the peace must be qualified 5.1 General administrative authority. The Chief voters in their jurisdictions. They must attend a Justice is the admihistrative head of the court required course of instruction upon election. system. He has the authority to shift District c. Justices of the peace are elected to 4-year Court judges as needed and to recall retired judges terms.in nonpartisan elections by the voteis of the into service. Reference Section 1.5.a. townships. [Const., Art. VI, S19] [N.R.S. SS4.010, 4.025, 4.035; State Court 5.2 Administrative Office of the Courts Administrator] a. Tbe office is authorized by statute. 4.5.1 Administration b. State Court Administrator a. There are no provisions for presiding judges (1) The position is created by statute. for the Justices' Court. (2) The State Court Administrator is b. There'are no provisions for administrators appointed by the Supreme Court and is removable at for the Justices' Court. Reference Section 5.2.b the pleasure of the court. (state-level administrator). (3) The State Court Administrator has the c. The Board of County Commissioners may following responsibilities: appoint a clerk for the Justices' Court upon the (a) Examines administrative methods and recommendation of the justices of the peace. He is systems employed by judges, clerks, court report-. responsible for administering oaths, taking and ers, and other employees. certifying affidavits and acknowledgments, issuing (b) Examines the status of the dockets processes, entering suits on the dockets and all in the District Court and determines if assistance clerical work in connection with records, tiles, is needed.

327 345 4/4

Figure 2: Nevada state-level administrative office of the courts, 1980

Director

Deputy Director

Programs Judicial Research Coordinator Planner Statistician

Accountant .L Management Management Administrative Assistant Assistant Aid ii Ii

Accountant Cladc n4C) (c) Recommends assignment of judges. chief judge of the District Court. In practice, (d) Collects and compiles statistics probate commissioners are practicing attorneys. and reports to the Supreme Court (through the Chief b. Probate Commissioners hold hearings in Justice). probate cases at least one day per week with the (e) Prepares and submits judicial bud- approval and supervision of the chief judge. They get recommendations. are also responsible for making sure that all (f) Collects statistical data and petitions are verified. reports on expenditures. [N.R.S. 62.090; Administrative Office of the (g) Formulates and submits to the Courts] Supreme Court recommendations on policies or proposed legislation. Judicial (h) Submits to the Supreme Court an annual report on the administrator's office. 7.1 Commission on Judicial Discipline. The commis- (1) Performs such other duties as may sion includes two Justices or judges, appointed by be assigned by the Supreme Court as prescribed by the Supreme Court; two members of the state bar, 'law. appointed by It* Board of Governors; and three non- c. Office organization. The Administrative lawyers, appointed by the Governor. Office of the Courts consists of 10 people: 7 pro- [Const., Art. VI, 1211 fessionals (including the State Court Administrator) 7.2 Authority and procedure for sanction. The com- and 3 clerical personnel. The professional staff mission operates under rules provided by the provides support services in the following areas: Supreme Court for the confidentiality of all its payroll, accounting, budgeting, and purchasing; edu- proceedings except its decision to discipline or cation and training; and planning and research remove a judge, the grounds of censure, and the activities including statistical compilation, judi- conduct of investigations and hearings. A justice cial planning, research and statistical analysis. or judge may be removed for willful misconduct, [N.R.S. 111.320, 1.330, 1.340, 1.360; State willful or persistent failure to perform his Court Administrator] duties, or habitual intemperence. He may be retired for advanced age or for mental or physical quasi-Judicial Officers disability that interferes with or prevents the proper performance of his duties. 6.1.1 DISTRICT COURT Any person may bring to the attention of the 6.2.1 Juvenile master commission any matter relating to the fitness of a a. District Court judges in the Juvenile Divi- Justice or judge. The commission will, after pre- sion can appoint any person qualified by "previous liminary investigation, dismiss the matter or order experience, training, and demonstrated interest in a hearing to be held befor'e it. If a hearing is youth welfare° as a master. ordered, a statement of the matter will be served b. Masters may swear witnesses and make findings upon the justice or judge against whom the proceed- of fact and recommendations on an ad hoc basis. If ing is brought. The commission, in its discretion, no hearing by the court is requested, the findings may suspend a Justice or judge from the exercise of and recommendations of the master become a decree his office pending the determination of the proof the court. ceedings before the commission. Any justice or [N.R.S. 162.090, Administrative Office of the judge whose removal is soughtis liable to indict- Courts] ment and punishment according to law. A Justice or judge retired for disability in accordance with 6.1.2 DISTRICT COURT this section is entitled to receive such compensa- 6.2.2 Probate commissioner tion as the legislature may provide. a. Probate commissioners are appointed by the [Coust., Art. VI, 521]

329 el 4 ci'l Figure 1:New Hampshire court system, 1980

BIMINI COURT Court of 5 )usticss last Jurisdiction: resort - final appellate jurisdiction in all civil and criminal cases from all courts and administrative agencies in the state. 1

11.. SUPERIOR COURT (10) 15 )ustices Jurisdiction: - Exclusive civil Jurisdiction over$5,000, Court of 41111 and condemnation; concurrent )uriodic- Civil general Civil tion with District Court when over $500 but matters. )uriediction matters. less than $5,000; title to real estate; equity; divorce, support, and alimony. - Exclusive )urisdiction over felony cases. Appeals de novo on misdemeanors. Jury trials. 111.

4F1=1MIMM=2

Criminal Criminal Matters. matters.

DISTRICT COURT (41) MUNICIPAL COURT (15) 15 part-time, 5 special justices 9 full-time, 75 special or part-time Jurisdiction justices - Landlord-tenant and small claims Jurisdiction. (Jurisdiction doss not extend to incor- under $500 (excluding title to porated areas maintaining a Municipal real estate). - Misdemeanors, violations, probable Court.) cause hearings for felonies. - Civil actions under $5,000 (exclusive civil )urisdiction if under $500) ex- No jury trials. cluding title to real state. Small claims jurisdiction. Misdemeanors, violations, probable cauas hearings for felonies. Courts of Juvenile matters. limited No )ury trials. )urisdiction

PROBATE COURT (10) 10 part-time )udges Jurisdiction: - Exclusive )uriediction in probate, administration, sales, and settlesent of estate matters; adoption, guardianship, conservatorship, and changing of legal names. No jury trial.

Nerve !

tIndicates route of appeal.

t 330 NEW HAMPSV\I\RE

Court of Last Resort tion, financial and records management, and office organization of the Supreme Court. 1.1 SUPREME COURT. The court sits for one general (Const., Part 2, Art. 73-A; R.S.A. 11490:19, term each year in Concord. The justices, unless 490A:2]

they shall order otherwise, meet the first Tuesday 1.6 Rule-makin . The constitution of the state of each month, except in the month of August. specifies that the Chief Justice, with the concur- (New Hampshire Revised Statutes Annotated rence of majority of the Supreme Court justices, (hereinafter R.S.A.) i490:6-(Supp. 1979)] makes rules governing the administration of all 1.2 OT anization. The Supreme Court does not sit courts in the state and the practice and procedure in panels or divisions. to be followed in all such courts. The rules so 1.3 Jurisdiction promulgated have the force and effect of law. a. The Supreme Court has general superinten- [Const., Part. 2, Art. 73-A] dence over all trial courts and may issue extraordinary writs. Intermediate Appellate Court b. The Supreme Court has appellate jurisdiction over questions of law from all courts and adminis- 2.0 There is no intermediate appellate court in New trative agencies in the state. Hampshire. (R.S.A. $$490:4, 491:17, 502:24, 502-A:17a, 541:6, 567-A:1] Court of General Jurisdiction 1.4 Justices (5) a. The Chief Justice is nominated and appointed 3.1 SUPERIOR COURT. Court rules designate the time by the Governor and Executive Council (reference for holding terms of court. Statutes require at Table 12: Characteristics of judicial nominating least two terms annually in each county. commissions) and serves until the mandatory [R.S.A. $496:1] retirement age of 70. 3.2 Organization. The court sits in each of the b. Supreme Court justices' qualifications are state's 10 counties, normally at the county seat not set by constitution or statute, however, since of government. At least one justice sits at each the 1940's it has been the custom of the Governor court location. and Executive Council to appoint trial justices of [R.S.A. $496:1] the Superior Court to the Supreme Court. 3.3 Jurisdiction c. Supreme Court, Superior Court, District a. The Superior Court sits at both lew and Court, Municipal Court justices, and Probate Court equity and has original and exclusive jurisdiction judges are nominated and appointed by the Governor over felony offenses, civil actions where the with the concurrence of majority of the members amount in controversy exceeds $5,000, and condor- 41the Executive Council. The council is composed nation proceedings. The court has concurrent a/ five councilors elected biennially by the jurisdiction with the District Court over misde- voters. All justices and judges hold their offices meanor offenses and civil actions where the amount "during good behavior" until age 70. in controversy exceeds $500 but is less than $5,000 [Constitution, Part 2, Articles 46, 60, 73, and the title to real estate is not involved.Jury 78; R.S.A. 1493:2] trials are not held in the limited jurisdiction 1.5 Administration courts; therefore, all matters requiring juries are a. The Chief Justice is the administrativ, head brought before the Superior Court. over all the court,. He exercises administration b. The Superior Court hears misdemeanor and and supervision over the entire court system violation appeals de novo from the District and through the Administrative Judge of the Supreme Municipal Courts. Court, the Director of Administrative Services to [Const., Pt. 1, Art. 15, Pl. 1, Art. 20; the Superior Court, the chief justice and Adminis- R.S.A. 114917, 498:1, 498-A:3, 592-A:2] trative Assistant of the Superior Court, and the 3.4 Justices (15) Administrative Committee of the District and Muni- a. The chief justice of the Superior Court is cipal Courts. Reference Section 5.1 (General ad- nominated and appointed by the Governor with the ministrative authority). consent, of the council, and serves until age 70. The Chief Justice is responsible for super- The Superior Court designates a presiding justice vising the efficient operation of the Supreme for the individual counties in each term of court. Court. b. Superior Court justices' qualifications are b. Reference Sections 5.2.b and 5.2.c (state- not set by constitution or statute. In practice, level administrator). Superior Court justices are members of the New c. The Supreme Court clerk is appointed by and Hampshire Bar Association whose names are submitted serves at the pleasure of the Supreme Court. The to the bar for comment prior to appointment by the position is authorized by statute. At present, the Governor and Executive Council. clerk also lills the position of reporter of deci- c. Superior Court justices are selected in the sions. He is responsible for personnel administra- same manner and for the same term as Supreme Court

331 3.19 "N\

justices. Reference Section 1.4.c. 4.5.1 Administration presiding judge. [Const., Part 2, Art. 78; R.S.A. 1493:21 a. Each Probate Court has a b. The registers provide day-to-day administra- 3.5 Administration Reference Section a. The chief justice of theSuperior Court tion of the Probate Court. serves as the administrative headof the court. 4.5.1.c below. of- Presiding justices for the individual counties are c. Registers of probate are constitutional designated by the chief justice each term of court. ficers elected to 2-year terms by the voters of the b. An administrative sss i s tant is appointed by counties. The registers are kesponsible for personnel administration, financDal and records man- the chief justice. The assistant serves as the fiscal officer of the Superior Court and performs agement, and office organization of the Probate other duties as required by the chief justice. Court. Clerks serve as the administrators for the individ- [Const., Part 2, Art. 71; R.S.A. 164:11 4.6.1 Rule-making. The Supreme Court may promul- ual courts. A c. Superior Court clerks areconstitutional gate procedural rules for the Probate Court. majority of the state's probate judges may also officers. The justices of the Superior Court appoint a clerk for each of the states 10 counties. promulgate rules that are subject to the approval The clerks serve at the pleasure of the justices. of the Supreme Court. They are usually attorneys. The clerks adminis- [R.S.A. 1547:331 trate the individual courts. In addition, they are Each District Court judge responsible for personnel administration, financial 4.1.2 DISTRICT COURT. and records management, and office organization of determines his own sessions. the Superior Court. [R.S.A. 11502-A:1, 502-A:21 The state is divided into 41 [Const., Part 2, Art. 82; R.S.A. 1499:1; Admin- 4.2.2 Organization. Boundaries of each district istrative Assistant) judicial districts. are specified in the statutes. There are no spe- 3.6 Rule-makin . The court, acting as a body, may from time to time establish rules and orders of cialized divisions of the court.- practice, consistent with the laws, forconducting [R.S.A. 1502-A:11 and regulating its business. Such rules must be 4.3.2 Jurisdiction jurisdiction approved by the Supreme Court. Administrative a. The District Court has original involving a fine not rules relating to the Superior Court can be issued over all crimes and offenses exceeding $1,000, or imprisonment up to 1 year, or by the Chief Justice of the Supreme Court. [Const., Part 2, Art. 73-A; R.S.A. 1490-A:31 both. The court's criminal jurisdiction does not extend to those incorporated areas still maintain- The court's exclusive Courts of Limited or Special Jurisdiction ing their Municipal Courts. civil jurisdiction extends to civil cases notin- volving title to real estate or exceeding$500. 4.1.1 PROBATE COURT. Court terms for each court are specified in the statutes. The court has concurrent jurisdiction with the Su- perior Court in actions not involving title to real [R.S.A. 1549:1 to 1549:101 Original juvenile 4.2.1 Organization. The Probate Court is a state estate and not exceeding $5,000. proceedings are conducted in the District Court. court with 10 separate branches, onein each b. The District Court has no appellatejuris- county. There are no specialized divisions of the diction. court. [R.S.A. 51169:8-D, 502-A:11, 502-A:141 [R.S.A. 5547:31 4.4.2 Justices (9 full-time; 75 special or part- 4.3.1 Jurisdiction a. The Probate Court hasjurisdiction over the time) Court probate of wills, the granting of administration, a. Statutes specify that each District jus- and over all matters and things of probatejuris- shall consist of one justice and one special diction relating to the sale, settlement, and final tice (who substitutes when a justice is disabled distribution of estates. It has concurrent juris- or disqualified for a case). resi- diction with the Superior Court to interpret and' b. District Court justices must be county construct wills and testamentary trusts. The court dents and "be a learned, able and discreet person(s) specially qualified by training and experi- also appoints and removes conservators and guard- (their) duties." ians of minors, mentally incompetent persons, and ence for the performance of his The court's jurisdiction also ex- Wherever possible, justices and special justices spendthrift.. also mem- tends to the adoption of children, the assignment are chosen from qualified persons who are of homestead in the estates of deteased persons, bers of the Bar of New Hampshire. selected in the and the changing of legal names. c. District Court justices are Supreme Court b. The Probate Court has no appellatejurisdic- same manner and for the same term as justices. Reference Section 1.4.c. tion. [Const., Part 2, Art. 80; R.S.A. 11170-6:11, [R.S.A. 11502-A:3, 502-A:41 547:3, 547:4, 547:5, 547:71 4.5.2 Administration a. Each District Court has apresiding judge. 4.4.1 Judges (10 part-time) b. There are no provisions for administrators a. A presiding judge is appointedfor each over all the districts of theDistrict Court. The county. Administrative Committee of the District and Mu- b. Probate Court judges' qualifications are not nicipal Courts serves in an advisory capacity with set by constitution or statute. In practice, Pro- Committee bate Court judges are members of the NewHampshire regard to administrative procedures. members are appointed by the Supreme Court.The Bar Association whose names are submitted to the justices bar for ctomment prior to appointment by the Gover- committee consists of three District Court and two Municipal Court justices. It superintends nor and Executive Council. it has general c. Probate judges are selectedin the same man- the keeping of court records and advisory powers in relation to the District and ner and for the same term as SupremeCourt jus- The committee employs a full- Reference Section 1.4.c. MUnicipal Courts. tices. time executive secretary or director, and one full- IR.S.A. Section 5471 time secretary. 332 35 0 c. District Court clerks are constitutional State-Level Administration officers, who are appointed by and serve at the AR pleasure of the District Court justices. Some of 5.1. General administrative authority. The Chief their duties include personnel administration, Justice is consitutionally designated as the admin- '4 financial and records management, and office organ- istrative head over all the courts. With the con- ization of the District Court. currence of a majority of the Supreme Court jus- [Const., Part 2, Arts. 73-A, 82; R.S.A. tices, he may issue administrative rules for all 11502-A:7, 502-A:8, 502-A:18, 502-A:19-a] courts of the state. Such rules have the force and 4.6.2 Rule-making. District Court rules relating effect of law. Reference Section 1.5.a. to practice, procedure, forms, and records are [Const., Part 2, Art. 73-A] promulgated by the Supreme Court. Such promulga- 5.2 Administrative Office of the Courts tions are normally based on the recommendations of a. There is no established administrative the Administrative Committee of the District and office of the courts in New Hampshire. Municipal Courts. The latest rules of the District b. Director of Administrative Services to the and Municipal Courts were approved by the Supreme Supreme Court Court on May 1, 1979, to take effect on July 3, (1) The position of Director of Administra- 1979. tive Services to the Supreme Court was established [Const., Part 2, Art. 73-A; R.S.A. 11502-A:18, by the Supreme Court through a grant from the New 502-A:19-a] Hampshire Crime Commission. (2) The Director of Administrative Services 4.1.3 MUNICIPAL COURT. Each court determines its must be a graduate of a four-year college, with a own sessions. These courts are gradually being degree in public administration, business adminis- phased out of existence pursuant to statute. tration, or a related field. He must have had [R.S.A. 11502:4; 502:31; 502:A-35] extensive prior experience in court administration. 4.2.3 Organization. There are presently 15 Munici- (3) A contractual employee, the Director of pal Courts in New Hampshire. The geographic juris- Administrative Services performs the following diction of each Municipal Court extends to the duties: boundaries of the town in which it is located. (a) Coordinates administrative services There are no specialized divisions of the court. to all elements of the court system. [R.S.A. 1502-18] (b) Develops sound records management 4.3.3 Jurisdiction and accounting procedures. a. The Municipal Court has the same criminal (c) Establishes centralized purchasing. jurisdiction as the District Court. Reference Sec- (d) Develops and maintains the manage- tion 4.3.2.a. The Municipal Court has civil juris- ment information system. diction over landlord and tenant actions and small (e) Creates and administrates a court claims cases not exceeding $500, neither of which system personnel structure. may involve title to real estate. (0 Coordinates required research and b. The Municipal Court has no appellate juris- development activities. diction. (g) Processes all requests for forms [R.S.A. 11502:18, 503:1, 503:3-a] revision, rules revision, and requests for federal 4.4.3 Justices (15 part-time, 5 special justices) and private funding for the courts. a. Statutes specify that each Municipal Court c. Administrative Judge of the Supreme Court. will consist of one justice and one special jus- (1) In Mar& 1978, the Supreme Court issued tice. an order establishing the position of Administra- b. Municipal Court justices must be "learned, tive Judge. The order appointed an associate jus- able, and discreet." tice of the Supreme Court to fill the position. c. Municipal Court justices are selected in the (2) The order directed the Administrative same manner and for the same term as Supreme Court Judge to perform the following duties: justices. Reference Section 1.4.c. (a) Advise, assist, apd make recom- [R.S.A. 1502:1] mendations to the Supreme Court in respect to 4.5.3 Administration developing and implementing standards, policies, a. Each Municipal Court has a presiding jus- plans, and programs for improving the adMinistra- tice. tion, coordination, and effectiveness of the court b. There are no provisions for administrators system. over all the municipalities of the Municipal Court. (b) Make recommendations to the Supreme The Administrative Committee of the District and Court for proposed laws and programs to improve the Municipal Courts serves in an advisory capacity administration, coordination, and effectiveness of with regard to administrative procedures. Refer- the court system. ence Section 4.5.2.c. (c) Promote cooperation and coordina- c. The duties of the Municipal Court clerks are tion between the administrative offices of the prescribed by statute. Some of their duties court. include personnel administration, financial and (d) Study and recommend improvements records management, and office organization of the in the administration of Supreme Court committees, Municipal Court. including but not limited to organization, opera- [R.S.A. 1502:14 (Supp. 1979)] tions, budget, jurisdiction, rules and prociptures, 4.6.3 Rule-making.. Municipal Court rules are and administrative, clerical, fiscal, and personnel promulgated by the Supreme Court based on the rec- practices. ommendations of the Administrative Committee of (e) Request and receive from any court the District and Municipal Courts. Reference Sec- administrative office such assistance, information, tion 4.6.2. and data as required.

333 351 , .

41/

Figure 2: New Hampshire state-level administrative office of the courts, 1980

Director of Mdsdnistrativo Services

1 1 _I _l____ 1 _1__. Finance Public Planning information Court and Education Information Syter Support Budget and and and Services Training Liaison Besearth

- Statistical compilation - Systeme analysis Court coordination Payroll - Training - Legislation liaison - JPC/planning - &cords menagement Accounting - Publication Executive liaison - Statistical analysis Pores developeent - Budgeting Purchasing - Legal services - Legislative drafting

352

t (f) Supervise the collection, compila- rules of law or equity and the practice in court. tion, and publication of statistics and other Marital masters hear contested and uncontested court-related data. domestic relations cases. The report of a master, (g) Make a monthly report concerning auditor, or referee is presented to the Justice his work and an annual report on the state of the for his order and thereafter sent to the counsel, court system. who preserve their rights as though the case were (h) Exercise additional powers and per- originally heard by a Justice of the Superior form other functions and duties as assigned by the Court. Supreme Court. (Superior Court Rules, 81 to 851 d. Office organization. There are no provisions for an administrative office of cOurts or Judicial Discipline staff at this time. There are, however, six staff members providing services in the following areas: 7.1 Committee on Judicial Conduct. The committee systems analysis, records management, and forms consists of seven members appointed by the Supreme development; court coordination; payroll, account- Court. It includes one active or retired Supreme ing, budgeting, and purchasing; training, publica- Court Justice, one active or retired Superior Court tions, legislative liaison, and executive liaison; Justice, one District or Probate Court judge, two and planning and research activities including members df the state bar, and two citizens. statistical compilation, judicial planning, re- (Supreme Court Rule 39) search, statistical analysis, legal services, and 7.2 Abthority and procedure for sanction. The com- legislative drafting. mittee considers all complaints ubmitted in (Supreme Court Order, March 9, 1978; Director writing and signed by a complainant having stand-

of Administrative Services] . ing, and not obviously unfounded or frivolous, alleging a violation of the Code of Judicial Conduct. quasi-Judicial Officers After receiving notice of the complaint, the judge has 20 days to submit his answer. If a formal 6.1.1 SUPREME COURT AND SUPERIOR COURT hearing is deemed necessary, 30 days notice must 6.2.1 Judicial referee be given to both parties. If it appears that a a. Retired justices may be assigned to assist violation has occurred, the committee forwards a either court. report of its findings to the Supreme Court to- b. Judicial referees may be assigned to hear gether with a record of the proceedings. All and determine particular cases in either court or hearings and proceedings of the committee are pri- may be assigned by the Chief Justice of the Supe- vate and all records are confidential. Upon re- rior Court to assist the justice of the Superior ceipt of the report, the Supreme Court schedules a Court in any county in the general disposition of private hearing, at which the judge can appear in any matters pending in the court. Referees, how- person or be represented by counsel. The judge ever, are not authorized to preside at trials by will be heard on the facts and the law. The court jury or to enter judgments. then files a written opinion directing such disci- (R.S.A. iS491.23, 493-A.1] plinary action as it finds just and proper, or ex- onerating the judge complained against. It may 6.1.2 SUPERIOR COURT "also return the matter to the committee with the 6.2.2 Auditor, master, marital master, and referee direction that an oral reprimand be given. Only a. The Superior Court may appoint auditors, the final written opinion and judgment of the Su- masters, and referees. preme Court ordering disciplinary action shall be b. In actions referred to auditors, masters, mode public. and referees, the hearing proceeds according to the (Supreme Court Rule 39]

a6-3 Figure 1:New Jersey court system, 1980

SUPREME COURT 7 justices Court of Jurisdiction' last - Final appeal in constitutional questions, MIIlmr resort capital cases, certification., dissent. in Appellate Division, and se provided by lam.

APPELLATE DIVIIION of summx COURT Interlocutory 21 judges orders in cases involving Jurisdiction: Intermediate - Appeals from lover COurts, except Muni- death penalty. appellate cipal Court., and from administrative Court agencies, xcept Wags and Hour Section of Labor and Industry.

MINN, SUPERIOR COURT (21) 214 judges

. LAW DIVISION CHANCERY DIVISION COurt of Jurisdiction Jurisdiction general - Civil actions not General equity, jurisdiction assigned to matrimonial, Chancery Division. probate. - Criminal cases. No Appellate loci.- Appeals from Monici- diction. Pal Courts.

Jury trials. ./ COUNTY DISTRICT COURT (21) MUNICIPAL COURT (526) 370 prt-t toe judges 39 Judges 2 full-time, Jurisdiction Jurisdiction ' - Civil actions under 53,000, - fiatrdy procsdi nes. landlord end tenant, small - Probable cause hearings on claims under 000. indictable offenses. Minor Minor criminal and ordinance criminal and ordinance viola- Fish and game, and violations. Concurrent criminal tions. and quell-criminal jurisdiction navigation violation.. with Municipal Courts. - Traffic setters. No Jury trial,. - Traffic matters. 41 1Jury trials.

SURROGATE'S COURT (211 Courts of TAX COURT limited 9 judged 21 surrogates brrisdiction llimmimiJurisdiction -,Oncontested probate matters. TAX rotmT SMALI ClAIMS Jurisdiction' DIVISION Appeals from the Jurisdiction Division of Tax- - Appeals under ration in the 12,000. Department of Treasury.

JUVENILE AND DOMESTIC RELATIONS COURT (21) 33 judges

JUVENILE DIVISION DOMESTIC RELATIONS Jurisdiction. DIVISION - Exclusive Jorie- Jurisdiction diction in - Domestic relations juvenile matters. (except divorce) and adoption matters. =MIL

ItIndicates route of appeal.

336 354 NEW JERSEY

Court of Last Resort c. The Governor nominates and appoints Supreme Court justices, with the advice and consent of the 1.1 SUPREME COURT. The Supreme Court sits in Senate. No nomination may be sent to the Senate Trenton unless the Chief Justice or a presiding for confirmation until after 7 days public notice judge deems it temporarily necessary or desirable by the Governor. Justices serve an initial 6-year to convene court'elsewhere. The court holds one term, and, upon reappointment, serve until retire- term annuelly, commencing on the date fixed by the ment. All vacancies are treated alike in that all Chief Justice. judges are appointed for full terms. (Rules Governing the Courts of the State of New (Const., Art. 6, 16, 11; Const., Art. 6, 16, Jersey (hereinafter Rules) R.1:30-2, R.2:13-3) 12; Const., Art. 11, 14, 11; Administrative 1.2 Organisation. Five justices constitute Director of the Courts) quorum. The Supreme Court does not sit in panels 1.5 Administration or divisions. a. The Chief Justice is the administrative head (Rules, R.2:13-26) of the courts in the state. He exercises adminis- 1.3 Jurisdiction tration and supervision of the entire court system a. The Supreme Court may exercise such original through the Administrative Director of the Courts, jurisdiction as may be necessary to the complete the presiding judge of the Appellate Division, the determination of any matter on review. Necessary assignment judges and trial court administrators temporary relief, stays, and emergency orders may of the Superior Court vicinage., and -the presiding be granted, with or without notice, by a single judge of the Tax Court. Reference Section 5.1 justice of the court. The Supreme Court has juris- (General administrative authority).The Chief diction over the admission to the practice of law Justice, however, has no specifically articulated and the discipline of persons admitted. duties with regard to the administration of the Su- The Supreme Court exercises appellate juris- preme Court. dictron in the last' resort in all cases provided . b. Reference Section 5.2.b (state-level admin- in tha constitution. istrator). Appeals-may be taken to the Supreme Court from c. The clerk of the Supreme Court is 'appointed final judgments as of right: (a) in cases deter- by the court and is supervised by the Administra- mined by the Appellate Division of the Superior tive Director of the Courts (reference Section Court involving substantial questions under the 5.2.0. In practice, the clerk is responsible for federal or state constitution; (b) in cases where serving as Secretary to the board of Bar Examiners, there is dissent in the Appellate Division of the the Committee on Character, and the Trial Attorney Superior Court; (c) in capital cases; and (d) in . Certification Board. In these capacities, the such other cases as provided by law. In practice, clerk directs the administration of bar admissions appeals may be certified to the Supreme Court by and is responsible for the administrative end of the Superior Court and, where provided by rules of the specialized program. He is also responsible the Supreme Court, by the courts of limited jUris- for processing all appellate matters for the court diction. from the initiation of cases to the filing Appdals may be taken to the Supreme Court by opinions; processing disciplinary matters; h ing its leave from interlocutory orders (a) of trial and promoting employees in the Office of the rk courts in cases where the death penalty has been (with the exception of the deputy clerk) i ord- or may be impoied and in postconviction proceedings ance with Civil Service regulations; devel in cases in which the death penalty was imposed; fordelfor use in the above functions; and handling (b) of the Appellate Division when necessary io administrative matters in areas not handled by the prevent irreparable injury and; (c) on certifica- Administrative Director of the Courts. tion by the Supreme Court to the Appellate Division (Const., Art. 6, 17, 13; New Jersey Statutes pursuant to Rule R.2:12-1. Annotated (hereinafter N.J.S.A.) Section (Constitution, Article 6, Sectign 5, Paragraph 2A:1-2; Administrative Director of the Courts) 3; Const., Art. 6, 12, 12; Conit., Art. 6, 12, 1.6 Rule-makin . The Supreme Court makes rules 13; Const., Art. 6, 15, 11; Rules, R.2:2-1, governing the administration of all courts in the R.2:9-8, R.2:10-5.; Administrative Director of state, and subject to law, the practice and pro- the Courts) cedure in all such courts. 1.4 Justices (7) (Const., Art. 6, 12, 131 a. The Chief Justice is designated by the Governor upon his appointment to the court. He Intermediate Appellate Court serves a 7-year term, and can be reappointed until age 70. 2.1 APPELLATE DIVISION OF THE SUPERIOR COURT. The .b. Supreme Court justices, prior to their Appellate Division sits in Trenton, Newark, and appointments, must have been admitted to the prac- Hackensack unless the Chief Justice 6r the presid- tice of law in New Jersey for at least 10 years. ing judge of the Appellate Division deems it

337 f 355 temporarily necessary or desirable to convene court clerk is generally responsible to the Admiastia- elsewhdre. The court holds one term annually com- tive Director of the Courts and the Chief Justice. mencing on such.date as fixed by the Chief Justice. The clerk is responsible for the calendar of the [Rules R.130-2, R.2:13-3] Appellate Division. inis- 2.2 Organizstion. The Appellate Division sits in ' [N.J.S.A. S2A:2-7; Rules, R.2:13-1(b); A parts, each consisting of three judges, as the. tratide Director of the Courts] Chief Justice designates. The number of parts is 2.6 Rule-making. Reference Section 1.6. determined by the rules of the Suprere Court. At present, there are seven parts. Unless the parties Court of General Jurisdiction agree to a panel of two judges, all three judges must sit to form a quorum. 3.1 SUPERIOR COURT. The Superior Court holds one [Const., Art. 6, S3, Vi; Rules, R.2:13-2; term annually, commencing on the date fixed by the Administrative Director of the Courts] Chief Justice. Within each term of the Superior 2.3 Jurisdiction Court, 3 sessions are held at times fixed by the a. The Appellate Division may exercise SUClil, Chief Jiistice. original jurisdiction as may be necessary to eye [Rules, R.1:30-21 complete determination of any cause on review. 3.2*Organization. The Superior Court is divided b. The Appellate Division may hear appeals as into the Appellate (r7ference Intermediate Appel- a matter of right from the Law and Chancery Divi- late Court above), Law, and Chancery Divisions. sions of the Superior Court; from the County Dis- The Chancery and Law Divisions are divided into trict Court and from the Juvenile and Domestic such parts as may be provided by the rules of the Relations Court only in civil cases other than Supreme Court. The 21 counties in which the Law bastardy and paternity proceedings; from summary Division s'its are divided into 12 vicinages, each contempt proceedings in all trial courts except consisting of1 or more counties. Municipal Courts; and from administrative adjudi- [Const., Art. 6,S3, V3; Administrative Direc- cations or,rule-making proceedings so long as fur- tor of the Courts] ther administrar.ive review is not possible. The 3.3 Jurisdiction Appellate Divlsion also,hears appeals from the Tax a. The Law Division has general jurisdiction Court. over all criminal matters and all civil proceedings [Const., Art. 6, S5, (2; Const. Art. 6, SS, not assigned to the Chancery Division. Both divi- 13; N.J.S.A. SS2A:3A-10, 2A:4-40, 2A:10-3, sions may hear cases involving both law and equity. 2A:18-4; Rules, R.2:2-3] Probate matters, when contested, are transferred - 2.4 Judges (currently 21; number varies depending from the Surrogate's Court to either the Law or on workload) Chancery Division of the Superior Court, depending a. A presiding judge for administration La on the type of relief sought. designated by the Chief Justice as being respon- The Chancery Division has jurisdiction over sible for the administration of the Appellate Divi- general equity, probate, and domestic relations casei, including exclusive jurisdiction over di- 4 sion. The presiding judge serves at the pleasure -of the Chief Justice. There is also a presiding vorce proceedings. The Superior Court has concur- judge for each part of the Appellate Division. rent jurisdiction with the Juvenile and Domestic b. Appellate Division judges must meet the same Relations Court as to custody, child support, and qualifications as Supreme Court justices. Refer- civil commitments. (Reference Section 4.3.2.a) ence Section 1.4.b. The Superior Court also has criminal jurisdiction c. Appellate Division judges are Superior Court over the child abdser. juolges, who are selected in the same aanner as b: The Law Division has appellate jurisdiction Supreme Court justices. Reference Section 1.4.c. over appeals from the Municipal Court and over the Assignments to the Appellate Division of the Supe- decisions of certain administrative agencies. The rior Court are made by the Chief'Justice.AssIgn- Chancery Division has no appellate jurisdicton. ments are made annually, but once assigned, a judge [Const., Art. 6, S3, ¶4; Rules, R.4:3-1(a)(1), ()Erect remains indefinitely on the Appellate Divi- R.4:71-1, R.4:75, R.4:94-1(b); Administrative sion. Director of the Courts] [Const., Art. 6, S7, 12; Rules R.2:13-1(b); 3.4 Judges (214) Administrative Director of the Courts] a. There is no provision for a chief judge over 2.5 Administration the Law and Chancery Divisions.The Chief Justice, a. The pre'siding judge for administration is however, designates a judge of the Superior Court respontible for the general administration of the as assignment judge for each vicinage, to serve at Appellite Division. He is responsible for the his pleasure. following duties: controlling caseflow; supervis- b. Superior Coert judges must meet the same ing judges' productivity and conduct; Asking recom- qualifications as Supreme Court justices. Refer- mendations to the Chief Justice as to assignment ence Section 1.4.b. of jUdges to parts in the Appellste Division; c. Superior Court judges are selected in the making recommendations to the Supreme Court as to same manner and for the same term as Supreme Court cases for certiorari; intefpreting court rules; justices. Reference Section 1.4.c. developing and impleMenting administrative poli- [Rules, R.1:33-1] cies; and supervising operations of the Office of 3.5 Administration the Clerk of the Appellate Division. a. Whereas there is no provision for a chief b. pere is no provision for an administrator judge over the Law and Chancery Divisions, the for the Appellate Division. Reference Section assignment judge of each vicinage is responsible 5.2.b (state-level administrator). for the administration of all courts in his juris- ' c. The Supreme Court appoints a deputy clerk diction. His duties include supervision of judges, who serves as clerk of the Appellate Division. The clerks, and jury commissioners; management of court

4 338 356 calendars; and implementation and enforcememt of same qualifications as Supreme Court justices. the rules and policies of the court system. Reference Section 1.4.b. b. There is no provision for an administrator c. County District Court judges are appointed over the Law and Chancery Divisions. Assignment by the Governor, by and with the advice of the judges are assisted by trial court administrators Senate. in each vicinage chosen by joint selection by the [N.J.S.A. SS2A:4-7.4, 2A:6-3.5, 2A:6-8, Administrative Director and the respective assign- 2A:6-8.1, 2A:6-9, 2A:6-11; Rules, R.1:33-1; ment judge. The duties of the administrators in- Administrative Director of the Courts] clude the following: preparation and submission 4.5.1 Administration of the budgets for courts; the recruiting, hiring, a. The presiding judges of the counties qf the /-tvtining, evaluating, and monitoring of personnel County District Court have no specifically articu- for the courts; management of space, equipment, and lated administrative duties. The assignment judges facilitied; dissemination of information concerning of the Superior Court vicinages are primarily re- the courts; procurement oe supplies and services; sponsible for the administration of the County preparation of reports; jury management; study and District Court. Reference Section 3.5.I.a. improvement of caseflow; time standards and calen- b. There are no provisions for administrators daring; research and development of effective of the County District Court in each county. The administrative improvement; the ensuring of the trial court administrators of the Superior Court appearance of defendants before the court after virinages assist the assignment judges. Reference arrest; research planning, and development of Section 3.5.1.b. reform projects; and liaison with other elements c. The clerk of the County District Court is of the state and local criminal justice and social appointed by the presiding judge. The clerk's service systems. duties are determined by the judge or piesiding c. The clerks of the Superior Court are judge of the court, the assignment judge of the appointed by the Supreme Court and must be attor- Superior Court, or the Administrative Director of neys. They are responsible for the following the Courts. The clerk is responsible for the fol- duties: recording, filing, docketing, and proces- lowing duties: supervising or assisting in the sing court pleadings; maintaining a central file supervision of clerical, bookkeeping and related of all wills; storing and retrieving all records employees working for the court; interviewing, of the court; processing unconeested foreclosure selecting, disciplining, and dismissing staff matters; maintaining the court's trust fund; and employees as required; training or assisting in the collecting all fees for Law and Appellate Division training of newly hired employees; assisting in matters. budget preparation; preparing and following up on [Const., Art. 6, S7, q3; N.J.S.A. S2A:2-3; purchase requisitions, personnel actions, and court Rules, R.1:33-3, R.1:34-2; Criminal Justice orders; receiving and acting upon complaints Plan for New Jersey, p. 13; Administrative regarding court operations; and assigning cases to Director of the Courts] court calendar and notifying all persons involved. 3.6 Rule-making. Reference Section 1.6. [N.J.S.A. S2A:6-I6; Rules, R.1:34-2; Adminis- trative Director of the Courts] Courts of Limited or Special Jurisdiction 4.6.1 Rule-making. Reference Section 1.6.

4.1.1 COUNTY DISTRICT COURT. The County District 4.1.2 i.iNIENILE AND DOMESTIC RELATIONS COURT. The Court holds one term annually, commencing on the Juveni e and Domestic Relations Court holds one date fixed by the Chief Justice. term annually, commencing on the date fixed by the [Rules, R.130-2] Chief Justice. 4.2.1 Organization. There is one County District [Rules, R.130-2] Court in each county. Whenever any County District 4.2.2 Organization. There is one Juvenile and Court exercises its criminal jurisdiction, the Domestic Relations Court in each county. In court may be divided into criminal and civil parts. counties with more than one judge for the court, A Small Claims Division may be established. the court sits in two divisions: the Domestic [N.J.S.A. SS2A:6-14, 2A:6-38, 2A16-43; Annual Relations Division and the Juvenile Division. Report, p. xiii] [N.J.S.A. S2A:4-4.2; Annual Report, p. xiii] 4.3.1 Jurisdiction 4.3.2 Jurisdiction a. The County District Court has jurisdiction a. The Juvenile and Domestic Relations Court in civil actions involving $3,000 or less; has exclusive jurisdiction in juvenile delinquency landlord-tenant cases; creditors' actions against and dependency and neglect cases and exclusive decedents' estates; and small claims invulving less juris4ction over the child in child abuse cases. than $500. The court has concurrent jurisdiction These courts also have jurisdiction over domestic with the Municipal Court in ordinance violations relations matters, except divorce proceedings. and nonindictable offenses. In counties with more than one judge as- The Small ClaAms Division has jurisdiction signed to the court, the court is dfvided into two where the sum involved\is less than $500, has ju- divisions, the juvenile division and the domestic risdiction in actions in contract, actions for pro- relations division, with the court's jurisdiction perty damages resulting from negligence in a motor divided between the two. accident, and actions between a landlord and tenant b. THe Juvenile and Domestic Relations.Court involving a security deposit. has no appelliteintdsdiction. b. The Connty District Court has n6,appellate [N.J.S.A. SS2A:4-18, .2A:4-46j jurisdiction. 4.4.2 Judges .(33), (N.J.S.A. SS2A:6-34, 2a:6-42] a. The Chief Justice designates a presiding 4.4.1 Judes (39) judge of each court to serve at his pleasure. a. In each,county a Cotint'y District-Court judge b. Juvenile and Domestic Relations Court judges is ,designated aa presiding judge by iule oi the appointed after July 24, 1970, must have been ad- Supreme Court, and series at the pleasure of the mitted to the practiCe of law in New Jersey for at Chief' 'Justice, lea5t10 yeirs. b. County Dfstrirt Court judges must meet the c. iyvendlle and Domestic Relations Court judges

339 . Igoe are appointed by the Governor with the advice and 4.6.3 Rule-making. Reference Section 1.6. consent of the Senate. [N.J.S.A. SS2A:4-4, 2A:4-4(a), 2A:4-8; Rules, 4.1.4 MUNICIPAL COURT. The Municipal Court holds R.1:33-1; Administrative Director of the Courts] one term annually, commencing on the date fixed by it 4.5.2 Administration the Chief Justice. a. The presiding judges'of the courts have no [Rules, R.1:30-2] specifically articulated administrative duties. 4.2.4 Organization. A Municipal Court may sit in The assignment judges of the Superior Court are parts; if one part sitting in daily session has primarily responsible for the administration of the bben designated as a Traffic Court, traffic Juvenile and Domestic Relations Court. Reference offenses are tried in this part only. Section 3.5.1.a. [Rules, R.7:6-5] b. There are no provisions for administrators 4.3.4 Jurisdiction for the Juvenile and Domestic Relations Court. The a. The Municipal Court has jurisdiction over trial court administrators of the vicinage. assist traffic offenses; minor criminal violations; ordi- the assignment judges. Reference Section 3.5.1.b. nance violations; probable cause hearings; fish, c. The county clerk may serve as clerk of the game, and navigation proceedtmgs; and specified Juvenile and Domestic Relations Court, or the judge crimes (where penalty does not exceed 1 year incar- may appoint a clerk. The clerk's duties are deter- ceration or $1,000 fine) and offenses (where value mined by the judge of the court he serves, the of property does not exceed $500), including some assignment judge, and the Administrative Director crimes where indictment and trial by jury can be of the Courts. The clerk is responsible for the waived. The criminal jurisdiction of the Municipal following duties: supervising or assisting cc: the Court may be exercised concurrently with the County supervision of clerical, bookkeeping, and related District Courts. Therefore, if an offense that employees working for the court; interviewing, would normally be tried in a Municipal Court is selecting, disciplining, and dismissing staff committed in a municipality that does not have such employees AS required; training or assisting in the a court, the County District Court has jurisdiction training of newly-hired employees; assisting in to hear the case. Enabling legislation exists to budget preparavron; preparing and certifying allow Municipal Courts to have concurrent jurisdic- office payroll; preparing and following up on tion with the County District Courts in law cases purchase requisitions, personnel actions, and where the amount in controversy does not exceed court orders; receiving and acting upon complaints $100. The Supreme Court, however, has not autho- regarding court operations; and assigning cases to rized this jurisdiction. court calendar and notifying all persons invOlved. b. The Municipal Court has no appellate juris- [N.J.S.A. S2A:4-I2; Rules R.I:34-2; Adminis- diction. trative Director of the Courts] [N.J.S.A. WA:6-37, 2A:8-21, 2A:8-22, 2A:8-24; 4.6.2 Rule-making. Reference Section 1.6. New Jersey Municipal Court Manual, p. 8] 4.4.4 Judges (2 full-time, 370 part-time) 4.1.3 SURROGATE'S COURT. Surrogate's Court handles a. When there are two or more judges of the uncontested probate matters. Contested matters are Municipal Court, the governing body of the munici- filed in the Superior Court. pality may designate one to be the presiding judge. [Office of the Administrative Director of the b. Municlpal Court judges must be residents and Courts] attorneys'-at-law of New Jersey or persons holding 4.2.3 Organization. One surrogate is elected in the office of Municipal Court magistrate, recorder, each county. There are no specialized divisions police judge, or justice of the peace on January of the court. 1, 1952. A Municipal Court judge who is an attor- [Const. Art. 6, S2, f2; N.J.S.A. §2A:5-1] ney need not be a resident of the municipality or 4.3.3 Jurisdiction municipalities to which the jurisdiction of the a. Surrogatestt. have jurisdictien in uncontested court extends. A nonattorney Municipal Court probate matters. judge, however, must be a resident thereof. b. Surrogates have no appellate jurisdiction. c. In municipalities governed by'a mayor- [N.J.S.A. S2A:5-1; Rules, RI4:84-1(d)] council form of government, Municipal Court judges 4.4.3 Surrogates (21) are appointed by the mayor with the advice and con- a. Because each court has only one surrogate, sent of the council. If the municipality is there are no presiding judges. governed by borough law, the appointment is initi- b. Each surrogate, before assuming office, must ated in the same manner, but if the mayor fails to secure a performance bond in a sum of between nominate someone within 30 days after the office 415;000 and $50,000 as the need may appear. becomes vacant, or if the council fails to confirm c. Surrogates are elected to 5-year terms by the nomination within 30 days after the nomination the voters of their respective counties at general is made, the council appoints the judge. In all elections. other municipalities, the judges are appointed by [Const., Art. 7, S2, 1r2; N.J.S.A. S2A:5-2] the governing body of the municipality. Each judge 4.5.3 Administration of a Municipal Court made up of two or more munici- a. There are no provisions for presiding judges palities is nominated and appointed by the Governor for the Surrogate's Court. The assignment judges with the advice and consent of the Senate. A Mu- of the-Superior Court are responsible for the nicipal Court judge serves a term of 3 years from administration of the Surrogate's Court. Reference the date of his appointment and until his successor Section 3.5.1.a. is appointed and qualified. Any appointment to b. There are no provisions for administrators fill a vacancy is made for the unexpired term only. for e Stirrogate's Court. The trial court admin- [N.J.S.A. SS2A:8-5, 2A:8-7, 40:86 to 94] istra rs of the vicinages assist the assignment 4.5.4 Administration judges. ference Section 3.5.1.b. a. The presiding judges have.no specifically c. The surrogate serves as his own clerk. articulated adminiitrative duties. The assignment [N.J.S.A. S2A:5-1J judges of the Superior Court are primarily respon-

-340 3 5 s sible ,fof the administration of the Municipal 4.6.5 Rule-making. Reference Section 1.6. Court. Reference Section 3.5.1.a. b. There are no provisions for administrators State-Level Administration for the Municipal Court. The trial court administrators of the vicinages assist the assign- 5.1 General administrative authority. The Chief ment judges. Reference Section 3.5.1.b. Justice of the Supreme Court is the administrative The governing body of the municipality may head of all courts in the state. Reference Section provide, by ordinance or resolution, for a clerk 1.5.a. and other necessary clerical help and their compen- [Const., Art. 6, S7, gl; Rules, R.1:33-1I sation. Any municipal employee, except a police-.. 5.2 Administrative Office of the Courts man, may serve as clerk of the Municipal Court with a. The Administrative Office of the Courts is or without additional compensation. Although their statutorily authorized. appointment and compensation may be controlled by b. Administrative Director of the Courts the governing body, clerks of the Municipal Court (1) This position is constitutionally are responsible to the judge of the Municipal authorized. Court, the assignment judge of the vicinage, and (2) The Administrative Director must be, and the Administrative Director of the Courts. Clerks must have been for not less than 3 years immediate- have responsibilities as determined by the court. ly prior to fIL appointment, a bona fide resident (N.J.S.A. S2A:8-13; Rules, R.1:34-2I of New Jersey. The Administrative Director is 4.6.4 Rule-making., Reference Section 1.6. selected by and serves at the pleasure of the Chief Justice. 4.1.5 TAX COURT. The Tax Court sits in continuous (3) The Administrative Director of the session. Courts is statutorily empowered to perform the fOtftse ,)tthe Administrative Director of the following functions, subject to the direction of Courtsi the Chief Justice: 4.2.5 Orgonization. rhe Tax Court sits in Trenton, (a) Examine administrative methods, Newark, and any other location thatis necessary systems, and activities of the judges, clerks, to accomodate taxpayer-litigants. The court has a stenographers, and employees of the courts and Small Claims Division. their offices and make recommendations to the Chief [N.J.S.A. SS2A:3A-2, 2A:3A-5I Justice with respect thereto. 4.3.5 Jurisdiction (b) Examine the state of the dockets of a. The Tax Court has no true original jurisdic- the courts, secure information as to their needs, tion, as all matters before it represent an appeal prepare statistical data and reports of court from a decision of the New Jersey Division of Tax- business, and advise the Chief'Justice with ation in the Department of the Treasury. respect thereto. , The Small Claims Division hears cases where (c) Prepare and submit budget estimates the amount in controversy does not exceed $2,000. of state appropriations necessary for the mainte- b. The Tax Court has jurisdiction over all ap- nance and operation of the courts and make recom- peals from the administrative Division of Taxation. mendations with respect thereto. IN.J.S.A. SS2Af3A-3, 2A:3A-5I (d) File requests for appropriations or 4.4.5 Judges (9) permission to spend as request officer for the a. The Chief Justice selects one of the judges Supreme and Superior Courts and, as approval of the court to be the presiding judge. The pre- officer, approve and sign all encumbrance requests siding judge serves at the pleasure of the Chief and statements of indebtedness on behalf of said Justice. courts. b. Tax Court judges must have 10 years experi- (e) Make necessary arrangements for ence in the practice of law in New Jersey and must accommodations for the use of the Supreme and Supe- possess special qualifications, knowledge, and rior Courts and clerks thereof and for the purchase' experience in matters of taxation. and distribution of equipment and supplies fot c. Tax Court judges are appointed by the these courts and clerks. Governor with the advice and consent'of the Senate. (f) Collect statistical data and make The appointments must be made so as to preserve a reports relating to the expenditures of public bipartisan composition of the court. The original Monies, state, county, and municipal, for the term of a judge is 7 years. Upon reappointment, maintenance of the courts and offices related judges serve until age 70 upon good behavior. thereto. [N.J.S.A. S2A:3A-11 to S2A:3A-15; Administra- (g) Examine the operation of the tive Director of the Courts] courts, investigate complaints with respect there7 4.5.5 Administration to, and submit recommendations for Ihe improvement a. The presiding judge, subject to the super- thereof to the Chia Justice. vision of the Chief Justice and the Administrative (h) Act as secretary of the Judicial Director ot the Courts, is responsfble for the Conference (reference Table 29: Judicial councils administration of the Tax Court. and conferences). h. Therp is no provision for an administrator (1) Attend to such other matters as may for the Tax Court. Reference Section 5.2.b (state- be assigned by'the Chief Justice. level administrator). c. Office organization. The Administritive c. The clerk of the Tax Court is appointed by Office of the Courts consists of 224 people: 75 the Supreme Court and is responsible to the pre- professionals (including the Administrative Direc- siding judge of the Tax Court and the Administra- tor of the Coatts) and 149 clerical personnel. The tive Director of the Courts. He has reeponsibili- office provides administrative assistance in three ties as determined by the court. main areas: legal services to the courts and bar, [N.J.S.A. SS2A.3A-14, 2A:3A-23; Rules R. coordination of probation services, and fiscal man- 1:34-2] agement for the state judiciery. It is organized 341 359 Figure 2: New Jersey state-level administrative office of the courts, 1980

12 Adninistrative PresidinigJudge Ass lanes nt Director Appellste Judges "T Division

LI Clerk Clerk_I I12 ' Chief, Trial Court LoternalControlI Supreme Court Appellate Ad ministrators and Audit Incision 121 ... .. ------Trial Court Deputy Clerks end Staff Director I 1

21 County Probation Departments

Clett Superior Court 11111Mr 11 Aasistant Assistant Assistant Assistant Assistant Director Assistent Director Director Director Director Administrative Ethics Director Civil Applied Probation Crieinal Director Professional Management Practice Research Services Practice Services Services .111,==...=11. "M.cc. .00411,

Chief, Chief Chief Probation Chief Court Chief Chief Chief Judicial Chief Administrative aurt Report Plannina Personnel Judicial Statistical Management Civil Court Services Information Services MmPagilment Services Services Officer Information System Services Systems

Chief Chief Chief Chief Chief Special Projects Pretrial Criminal Judicial Fiscal Trust and Services Courts Education Officmr Special Services Funds

Chief Chief Chief Chief' Juvenile and Leaal Purehasing, Chief Project Project Probation in:mastic Research and ' Property, and Library

, Director Training Relations legislation Office Services Director Seryfces Services . Sentence Court Disparity Unification

Chief Municipal Court Services

Direct supervisory responsibility Supervisory responsibility on behalf of Chief Justice and/o; Supreme Court into three divisions for the handling of matters appointed by the Supreme Court. Membership on the relating to criminal practice, civil practice, and committee terminates if a member is appointed or administration. The office provides in-service elected to public office or to any position con- txaining for judges and supporting personnel, as sidered by the court to be incompatible with such well as staff assistance to the several standing service. and special committees appointed by the Supreme [Rules, R.2:15-2] Court, and serves as secretariat for judicial con- 7.2 Authority and procedure for sanction. The ferences. It also gathers and interprets informa- Advisory Committee on Judicial Conduct is autho- tion concerning the status of litigation in the rized by statute and court rule. Upon receiving a state courts, recommends adjustments to alleviate complaint alleging facts indicating: (1) miscon- court congestion and prepares projections for the duct in office, (2) willful failure to perform his future needs of the judicial system. The Adminis- duties, (3) incompetence, (4) habitual intemper- trative Office of the Courts directs a number of ance, (5) participation in partisan policies, (6) federally funded programs including a special Ap- conduct prejudicial to the administration of jus- pellate Staff Project, a Judicial Management tice that brings the judicial office into dis- Information System, Probation Research and Develop- repute, or (7) mental or physical disability of a ment, and Judicial Education. Recording services judge that is disabling him and may continue to of the courts are also provided through court disable him indefinitely or permanently from the reporters and sound recording equipment. pertormance of his duties, the committee conducts [Const., Art. 6, S7, gl; N.J.S.A. SS2A112-1, a preliminary investigation. The committee may, 2A:12-3; Criminal Justice Plan for New Jersey, however, also conduct a preliminary investigation p.9; State Court Administrators, p. 76] without receiving a complaint. If the judge has not been made aware of the complaint, the committee Quasi-Judicial Officers in its discretion may notify him. If preliminary investigation indicates further inquiry is desir- 6.1.1 SUPERIOR COURT able, the committee, if n cessary, orders the complainant to file a verifi complaint and notify 6.2.1 Special masters 1 a. Special masters are appointed by Superior the judge of the relevant nformation and the right Court judges with the consent of the Chief Justice to appear before the committee. Upon completion and serve at the discretion of the appointing of the preliminary investigation, the committee judge. may: (1) dismiss the charges, (2) issue an b. Special masters have the power to regulate explanation if the judge was charged mistakenly and all proceedings in every hearing before them, to the matter was made public, or (3) request the pass on the admissibility of evidence, and to do judge to informally discuss the matter. Whenever all the acts necessary to perform their duties un- the committee concludes thAt the circumstances, if der the order of the appointing judge. established ata plenary hearing, may call for censure, suspension,t or removal of the judge, the 6.1.2 SUPERIOR COURT committee files a copy of such a recommendation 6.2.2 Surrogates with the clerk of the. Supreme Court and advises the a. Reference Section 4.4.3. judge involved of such action. If the Supreme b. Reference Section 4.3.3. Court determines that the committee recommendation [Rules, R.441-1, R.4:41-31 should be adopted, it may issue the appropriate complaint and the matter proceeds in accordance Judicial Discipline with the procedures outlined in the removal statute, N.J.S.A. 2A:1B-1 et. seq. The filing of 7.1 Advisory Committee on Judicial Conduct. The papers with, or the giving of testimony before the committee consists of nine members. At least two committee or before the Supreme Court, if a formal members must be retired justices or judges of the complaint is issued, is privileged in any action Supreme Court, or Superior Court; not less than for defamation. No other publication of such three members must be members of the bar, and not papers or proceedings is so privileged except the more than four members must be laymen who do not record filed by the committee in the Supreme Court. hold public office of any nature. The members ars [Rules, R.2:15-8 to R.2:15-12, R.2:15-14, R.2:15-16]

3C1

343 Figure 1:New Mexico court system, 1980

SUPREME COURT 5 justices Jurisdiction: - Civil cases where jurisdiction is not specifically vested in Court of Appeals. Court of Appeals from criminal cases imposing last death penalty or life imprisonment. resort - Certiorari review of Court of Appeals decisions, and cases certified to it by the Court of Appeals.

COURT OF APPEALS 7 judges Jurisdiction. - Appellate jurisdiction over most criminal Death penalty, cases and specific type, of civil appeals Intermediate life imprison- (those not within Supreme Court appellate ment. Most jurisdiction). court civil cases. Direct appeals from certein state agencies.

SEIM. DISTRICT COURT (13) 44 judges

DISTRICT coURT CHILDREN'S COURT FAMILY COIMT DIVISION Jurisdiction DIVISION Jurisdiation' General civil lurisdic- Jurisdiction - Domestic relations, Court of lion, probate, right Exclusive juvenile mental health of general of executorship, and Wisdiction, adult., adoption and jurisdiction siministiscion. guardianship of Exclusive felony adults, adult of- Rarisdiction. fenoes against children. - Exclusive juvenile jurisdiction.

Appeals de novo. Jury trials. MOM.

MAGISTKATE COURt (32) PRORATE COURT (32) 11 full-tame, 61 part-tame judges 32 judges Jurisdiction. Jurisdiction - Civil actions under $2,000. Exclusive original jurisdiction over - Preliminary hearings. Misdemeanors guardianship and formal administra- and other criminal with fine less tion. Concurrent jurisdiction with than $1,000, sentence leas than District Court in probate matters.

1 Year.

METROPOLITAN COURT OF BERNAL1LLO Comm 11 judges MNICIPAL COURT (96) Jurisdiction' 9h judges Civil actions under $5,000. Jurisdiction - Misdemeanors and other criminal Courts of - Municipal ordinance violations with matters with fines less than $1,000 limited jurisdiction fines less than $300 and/or and sentences less than 1 year. sentences less than 90 days. Preliminary hearings. - Campus traffic violaions. (Court. established 7/1/130)

SMALL CLAIMS COURT OF ALBUQUERQUE

1 judge Jurisdiction - Civil actions under $2,000, involving real estate matters. County ordinance violations. (Court abolished 7/1/B0)

ItIndicates route of appeal.

32 344 NEW MEXICO

Court of Last Resort b. Reference Section 5.2.b (state-level administrator). 1.1 SUPREME COURT. The court sits in Santa Fe and c. The clerk is appointed by the Supreme Court. holds one term each year commencing on the second He is responsible for the following duties: dock- Wednesday in January. It sits in continuous ses- eting, record keeping, calendaring, supervising sion but may recess as it deems proper. staff, and other duties as determined by the court. [Constitution of New Mexico, Article VI, Sec- There are no formal provisions for assigning admin- tion 7) istrative duties to the clerk. 1.2 Organization. The Supreme Court does not sit [Const., Art. VI, 19; N.M.S.A. 138-1-17] in panels or divisions. 1.6 Rule-making. The court prescribes rules to 1.3 Jurisdiction regulate pleadings, -practice, and procedure in all a. The Supreme Court has original jurisdiction courts of the state. These rules become effective in quo warranto and mandamus against all state of- 30 days after distribution to the members of the ficers, boards, and commissions; in the issuance state bar and all applicants. There are no formal of writs of habeas corpus; and in the iisuance, provisions for legislative review and suggestions. hearing, and determination of extraordinary writs The court has superintending control over all neceesary for the complete exercise of its juris- courts. diction. The court also has jurisdiction over mat- [Const., Art. VI, 13; N.M.S.A. 138-1-1; Di- ters involving the admission, discipline, and dis- rector of the Ade,inistrative Office of the barment of attorneys in New Mexico. Courts] b. The Supreme Court has appellate jurisdiction over District Court decisions imposing a death pen- Intermediate Appellate Court alty or life imprisonment; all cases where responsibility is not vested in the Court of Appeals; 2.1 COURT OF APPEALS. The Court of Appeals sits final judgments brought by writ of certiorari from in continuous session. The coort's headquarters the Court of Appeals; and cases certified to it by are in Santa Fe, but it can convene anywhere in the the Court of Appeals. state. [Const., Art. VI, 112, 3; New Mexico Statutes [N.M.S.A. 134-5-7] Annotated (hereinafter N.M.S.A.) Sections 2.2 Organization. The Court of Appeals does not 34-5-14, 36-2-11 sit in panels. There is a Prehearing Division of 1.4 Justices (5) the court that screens appeals at various stages a. The Chief Justice is elected to a 2-year of the appellate process. term by peer vote. [1975 New Mexico Annual Report, p. 21] b. Supreme Court justices must be at least 30 2.3 Jurisdiction years of age, must be learned in the law, and must a. The Court of Appeals has no original juris- have been members of the bar and residents of the diction. state for at least 3 years. (Supreme Court jus- b. The Court of Appeals has appellate jurisdic- tices may substitute service in the District Court tion over any criminal action or postconviction for part of the 3 years of law practice). remedy proceeding, except those in which a judgment c. Supreme Court justices are elected to 8-ye4r of the District Court imposes a sentence of death terms by the voters of the state on partisan bal- or life imprisonment; any action in violationof lots. The Governor fills vacancies by appointment municipal or county ordinance where a fine or im- and the appointee holds office until the next gen- prisonment is imposed; any tort action; decisions eral election. The newly elected justice then of administrative agencies of the state, where pro- serves until the expiration of the original term. vided by law; and all actions under the Workmen's [Const., Art. VI, 114, 8, Art. XX, 14; N.M.S.A. Compensation Act, the Subsequent Injury Act, the 134-2-1] New Mexico Occupational Disease Disablement Law, 1.5 Administration and the Federal Employer's Liability Act. a. The Chief Justice is considered the head of [Const., Art. VI, 129; N.M.S.A. 134-5-81 the judicial branch of the state. He exercises ad- 2.4 Jud es (7) ministration and supervision over the entire court a. The chief judge is elected to a 2-year term system through the Director of the Administrative by peer vote. Office of the Courts, the chief judge of the Court b. Court of Appeals judges must meet the same of Appeals, the presiding judges of the District qualifications as Supreme Court justices. Refer- Court, the court administrator of the 2nd Judicial ence-Section 1.4.b. District, and the presiding magistrates of the Mag- c. Court of Appeals judges are selected in the istrate Court., Reference Section 5.1 (General ad- same manner and for the same term as Supreme Court ministrative authority). The Chief Justice, how- justices. Reference Section 1.4.c. ever, has no specific administrative duties with [N.M.S.A. 134-5-2; Director of the Administra- regard to the Supreme Court. tive Office of the Courts]

345 31'; 2.5 Administration 3.5 Administration a. Thor. is no statutory provision for adminis- a. Whereas there is no provision for a chief - trative authority for the chief judge. judge over all the districts of the District Court, b. There is no provision for an administrator there are presiding judges of multi-judge dis- for the Court of Appeals. Reference Section 5.2.b tricts. There are no statutory provisions for ad- (state-level administrator). ministrative authority for the presiding judges of c. The clerk is appointed by the court. He is the districts. In practice, the presiding judge responsible for the following dunes: docketing, acts as pokesperson for the judges of the dis- record keeping, calendaring, supervising staff, and trict; supervises the implementation of the policy other duties as determined by the court. There are decisions reached by the district judges; acts as no formal provisions for assigning administrative the liaison agent with other government agencies; duties to the clerk. supervises the preparation of the budget; super- IN.M.S.A. 134-5-5; Director of the Administra- vises the District Court clerk's office an4 gener- tive Office of the Courts] ally deals with tfte daily running of the specific 2.6 Rule-making. Supreme Court rules apply, where District Court. pertinent, in the Court of Appeals. b. There is no provision for an administrator (N.M.S.A. 138-1-1] over all the districts of the District Court. Only the 2nd Judicial District in Alburquerque is autho- Court of General Jurisdiction rized to have a court administrator. The administrator is selected by the judges of the district 3.1 DISTRICT COURT. The Dtstrict Court sits in with the approval of the Supreme Court and the Di- continuous session. rector of the Administrative Office of the Courts. [N.M.S.A. 134-6-2] This person is responsible for organizing, direct- 1.2 Organization. There are 13 multi-county judi- tng, coordinating, and supervising the activities cial districts in the state's 32 counties. There of subordinates engaged in processing all 2nd Judi- are two specialized divisions, the Children's Court cial District Court cases. Reference Section Division and the Family Court Division, either of 5.2.b (state-level administrator). which can be established by the court. c. Clerks are appointed by the court. They are [N.M.S.A. 1132-1-4, 34-6-1] responsible for the following duties: docketing, 3.3 Jurisdiction record keeping, calendaring, supervising staff, and a. The District Court has exclusive jurisdic- othek duttes as determined by the court. There are tion in all matters and causes not excepted in the no formal provistons for assigning administrative state constitution, and over other cases as provid- duties to the clerks. ed by law such as all juvenile and domestic rela- [N.M.S.A. 134-6-19; New Mexico Judicial System tions proceedings. The court can issue writs in Personnel Plan, #9259; Admtnistrative Assistant the exercise of its jurisdiction and may also nat- to the Chief Justice; Administrative Office of uralize persons in atcordance with United States the Courts] law. The District Court has concurrent jurisdic- 3.6 Rule-making. Each District Court may make the tion with the Probate Court over probate matters. rules for its district, provided they are consis- The Children's Court Division has exclusive tent with Supreme Court rules. Copies of such jurtsdiction in all matters relating to juveniles. rules must be furnished to the Supreme Court. A District Court may establish a Family Court District Courts may adopt rules of administration, Diviston in lieu of the Children's Court. The Fam- provided they are consistent with statutes, Su- ily Court has the same jurisdiction as Children's preme Court rules, and regulations of the Adminis- Court plus exclusive jurisdiction over the follow- trative Office of the Courts. ing: incompetency or insanity of adults; appoint- [N.M.S.A. 134-6-28; Rule 83, New Mexico Rules ment of guardians for, and adoption of adults; of- of Civil Procedure] fenses committed against a child by an adult; and domestic relattons matters. Courts of Limited or Special Jurisdiction b. The District Court has appellate jurisdiction in all cases originating in courts of limited Effective July 1, 1980 the Metropolitan Court jOrisdiction in its respective districts. of Bernallilo County will be established. It will [Const., Art. VI, 113; N.M.S.A. 1132-1-4, be a consolidation of the Magistrate, Municipal, 32-1-9, 32-1-10, 45-1-302.11 and Small Claims Courts in that county. 3.4 Judges (44). There is no standard formula for [N.M.S.A. 134-8A-1] the number of judges per district. a. There i no provision for a chief judge over 4.1.1 MAGISTRATE COURT. Terms of court vary ac- all the districts of the District Court; however, cord:ig to community needs. there are presiding judges of multi-judge dis- '[Administrative Office of the Courts] tricts. in the multi-judge districts each judge 4.2.1 Organization. Each of the tate's 32 is designated a divisiom and the presiding judge counties is designated a Magistrate Court district. of division number one is the presiding judge, Where thie is more then one magistrate in a dis- unless otherwise designated by District Court rule. trict, each magistrate's office is designated as a b. District Court judges must meet the same division of the court. The number of divisions qualifteations as Supreme Court justices. Refer- ranges from one to five. ence Section 1.4.b. Each district judge must also IN.M.S.A. 1135-1-2, 35-1-3, 35-1-5 to 35-1-351 reside in his judicial district. 4.3.1 Jurisdiction c. District Court judges are elected to 6-year a. The Magistrate Court has concurrent original terms by the voters of the districts on partisan jurisdiction with the Small Claims Court of Albur- ()Allots. querque in civil actions involving a dollar amount [Const., Art. VI, 1112, 14; N.M.S.A. 1134-6-4 up to $2,000, except where prohibited by law. In to 34-6-16, 34-6-18; Director of the Adminis- criminal actions, jurisdtction is limited to mis- trative Office of the Courts] demeanors and any other criminal action where jur-

., isdiction is specifically granted by law. 346 364 b. The Magistrate Court has no appellate juris- 4.5.2 Administration diction. a. There are no provisions for presiding judges (N.M.S.A. 1135-3-3, 35-3-41 for the MUnicipal Court. 4.4.1 Judges (78). There is no standard formula b. There are no provisions for administrators for the number of magistrates per district. for the Municipal Court. Reference Section 5.2.b a. Presiding magistrates are designated by the (state-level administrator). Director of the Administrative Office of the c. Selection procedures for Municipal Court Courts, when two or more divisions act as a single clerks are locally determined. They are respon- docketing, record court. sible for the following duties: b. Magistrates must be qualified voters and keeping, calendaring, supervising staff, and other residents of their districts and have'a high school duties as-determined by the court. There are no or equivalent education. In districts having a formal provisions for assigning administrative population of 100,000 or more, they must also be duties to the clerks. members of the bar and be licensed to practice law 4.6.2 Rule-making.. The municipal judges exercise These pro- in the state. rule-making power for their own courts. c. Magistrates are elected to 4-year terms by cedures must be consistent with state laws. the voters of their respective Magistrate Court [MUnicipal Court Rules, Rule 381 districts on partisan ballots. [N.M.S.A. 1135-1-2 to 35-1-35, 35-1-37, 35-2-1; 4.1.3 PROBATE COURT. The Probate Court sits-in Director of the Administrative Office of the continuous session. Courts] [N.M.S.A. 134-7-8] 4.5.1 Administration 4.2.3 Organization. There is a Probate Court in a. Presiding magistrates have no original ad- each of the state°. 32 counties. ministrative authority. It rests with the Adminis- [N.M.S.A. 1134-7-2, 34-7-4] trative Office of the Courts. 4.3.3 Jurisdiction b. There are no provisions for administrators a. The Probate Court has concurrent jurisdic- for the Magistrate -Court. Reference Section 5.2.b tion with the District Court in all probate mat- (state-level administrator). ters. c. Magistrate clerks are selected by the magis- b. The Probate Court has no appellate jurisdic- trate or presiding magistrate and employed by the tion. Administrative Office of the Courts. They are [N.M.S.A. 145-1-302] responsible for the following duties: docketing, 4.4.3 Judges (32). Statutes presently provide for record keeping, calendaring, supervising staff, and. one judge in each county. other duties as determined by the court. a. TheIhrobate Court does not have presiding [N.M.S.A. 1135-7-1, 35-7-10; Director of the judges. Administrative Office of the Courts! b. Probate Court judges must meet the same 4.6.1 Rule-making. All procedural rule-making qualifications as public officials within their power is vested in the Supreme Court. Reference respective counties. Public officials must have Section 1.6. been state residents for 1 year, and must be United [N.M.S.A. 135-7-12] States citizens. Any other qualifications are locally determined. 4.1.2 MUNICIPAL COURT. Terms of court viry ac- c. Probate Court judges are elected to 2-year cording to community needs. terms by the voters of the counties on partisan [Administrative Office of the Courts] ballots. After serving two consecutive terms they 4.2.2 Organization. The need for divisions of the are ineligible to hold any county office for 2 court is locally determined. years. 4.3.2 Jurisdiction [Const., Art. VI, 123, Art VII, 12, Art X, 42; a. The Municipal Court has exclusive jurisdic- N.M.S.A. 1110-1-6, 34-7-2] tion over all municipal ordinance violations. They 4.5.3 Administration can also adjudicate violations of campus traffic a. There are no provisions for presidingjudges regulations upon written agreement between the for the Probate Court. university Board of Regents and the governing body b. There are no provisions for administrators of the adjacent municipaliSy. The court has the for the Probate Court. Reference Section 5.2.b power to issue subpoenas and warrants and topunish (state-level administrator). for contempt. c. The elected county clerks serve as the Pro- b. The Municipal Court has no appellate juris- bate Court clerks. diction. [gonst., Art. VI, 123] [N.M.S.A. 135-14-2] 4.6.31ule-making. Judges of the Probate Court 4.4.2 Judges (96). Municipalities with populations have full power and authority to make and publish of less than 50,000 can only have one judge. In rules and orders regulatingthe business and prac- municipalities of 50,000 or more, additional judges tice of their court", These rules and orders must can be elected if the municipal governing body de- be consistent with state law. termines that the workload requires it. [N.M.S.A. 134-7-131 a. The Municipal Court does not have presiding The judges. 4.1.4 SMALL CLAIMS COURT OF ALBURQUERQUE. b. MUnicipal Court judges must meet qualifica- Small Claims Court of Alburquerque sits in continu- tions established by local ordinance. ous session. c. Municipal Court judges are elected to 4-year [N.M.S.A. 134-8-10(D)] terms by the voters of the municipalities on parti- 4.2.4 Organization. . A Small Claims Court can only san ballots. be established in counties of 100,000 population [N.M.S.A. 1135-14-3, 35-14-4; Director of the or more. There are no specialized divisions of the Administrative Office of the Courts] court. [N.M.S.A. 134-8-1]

347 ... 4.3.4. Jurisdiction. Effective 7/1/80, this court e lected or appointed. Thereafter, Metropolitan will be abolished. Jurisdiction previously exer- Court judges shall be elected in the same manner cised by this court will be incorporated in the as magistrates (reference section 4.4.1.c). The Metropolitan Court of ternalillo County, to be Governor shall fill vacancies in the office of created on that date. metropolitan judge by appointment until the next a. The Small Claims Court of Albuquerque can general election. conduct preliminary examinations in criminal cases 4.5.5 Administration and has concurrent jurisdiction wich the Magistrate a. (Information not available). Court in matters involving violations of county b. The judges of the Metropolitan Court may ordinances. The court also has concurrent juris- e lect or employ on an annual basis a metropolitan diction with the Magistrate Court in civil actions court administrator who is responsible for super- involving a dollar amount less than $2,000. vising all matters relating to the administration b. The Small Claims Court has no appellate ju- of the Metropolitan Court. risdiction. c. (Information not available). ttiviCS.A. S34-8-1] 4.6.5 Rulemaking. (Information not available) 4.4.4 Judges (1) a. The Small Claims Court does not have pre- State-Level Administration siding judges. b. Small Claims Colirt judges-must be at least 5.1 General administrative authority.The Chief 25 years old; must be members of the New Mexico Justice is considered the head of the judicial Bar, and must be licensed to practice law in the branch of the state. The Supreme Court has super- state. They ust also have resided in the county intending authority over all courts in the state. and have practiced law for at least 2 years. Reference Section 1.5.a. c. Small Claims Court judges are elected to 5.2 The Administrative Office of the Courts 4-year terms by the voters on partisan ballots. a. The Administrative Office of the Courts is [N.M.S.A. S34-8-2] statutorily authorized. 4.5.4.Administration b. Director of the Administrative Office of the a. There are no provisions for presiding judges Courts for the Small Claims Court of Albuquerque. (1) The position is tatutorily authorized. b. There are no provisions for administrators (2) There are no statutory qualifications for the Small Claims Court. Reference Section for the position. The Director is selected by the 5.2.b (state-level administrator). Supreme Court. c. The Small Claims Court judge appoints his (3) The duties of the Director, which are clerk. The clerk is responsible for the following performed for the Supreme Court, Court of Appeals, duties: docketing, recordkeeping, calendaring, District, Magistrate, and Probate Courts include staff supervision, and other duties as determined the following: supervising administrative matters; by the court. There are no formal provisions for preparing an annual report of court business and assigning administrative duties to the clerk. activities of the Administrative Office of the ft.M.S.A. S16-5-4] Courts and submitting it with recommendations to 4.6.4. Rule-making. Judges of the Small Claims the Supreme Court and the legislature; receiving, Court of Albuquerque can make rules and orders adjusting, and approving state-supported court that are consistent with state law to regulate the budgets; appointing and removing necessary employ- business and practice of their courts. In civil ees, with Supreme Court approval; and prescribing cases, the Rules of Civil Procedure for the Dis- uniform records and forms procedures for the trict Courts govern. courts. [N.M.S.A. S34-8-101 c. Office organization. The Administrative Of- fice of the Courts has a staff of 32 positions, and 4.1.5 METROPOLITAN COURT (Bernalillo County) is organized into two operational and four staff (Information not available) sections: Accounting Division, Magistrate Services 4.2.5 Organization. (Information not available) Division, Judicial Planning and Training Section, 4.3.5 Jurisdiction Management and Systems Analysis Section, Budget and a. The Metropolitan Court of Bernalillo County Personnel Section, and Internal Audit Section. has jurisdiction over civil actions $5,000 and Twelve of the 32 positions are employed within the under, misdemeanors, other criminal with fines less Accounting Division, which handles budget expendi- than $1,000 and sentenclleis than one year, and tures for the Adminisitstive Office and Supreme preliminary hearings. Court Building Commission, and receives revenUes b. The Metropolitan Court of Bernalillo County generated by traffic citations (penalty assess- has no appellate jurisdiction. ments) and the 32 Magistrate Courts. The Magis- [Director of the Administrative Office of the trate Services Division is responsible for plan- Courts] ning, formulating, and implementing administrative 4.4.5 Judges (11) progrgms for the magistrate judges. This includes a. There are provisions for a presiding judge the review of statutory responsibilities, present of the Metropolitan Court. and proposed systems and procedures, and judicial b. Metropolitan Court Judges ust be members rulings and regulations. The staff sections study of the New Mexico Bar and must b. licensed to judicial prganizational structures systems, and practice law in the state. methods for the purpose of recommending changes c. The.magistrates of the Magistrate Court and deemed advisable for the improved functioning of the judges of the Small Claims Court and any Muni- the Appellate, District, and Magistrate Courts. cipal Court shall continue to hold their offices [Const., Art. VI, S3; N.M.S.A. SS34-9-1 to as metropolitan judges of the Metropolitan Court 34-9-3, 34-9-7, 34-9-8, 38-1-17] for the balance of the terms for which they were

348 3 r) Figur* 2: Nw Mexico stat-level administrative office of the courts, 1980

Director of the 'Administrative Office of the Program Courts Design and Monitoring

Secretarial Suppnrt Staff Operations Deputy Director

Administrative Services Chief

Personnel Court Services Operations Financial Control

relocation, Purchasing Training, and Systems and Property Accounting Public Development Control Information

Revenue -I Control Payroll Statistical H Analysie

.._iDat HVouchering Co I lection]

3C7 349 Quasi-Judicial Officers 7.1 Judicial Standards Commission. The coemission is composed of nine perAns as follows: two jus- 6.1 DISTLICT COURT tices of the Supreme Court or judges of the Court 6.2 Special masters (referee, auditor, examiner) of Appeals or District Court appointed by the Su- a. District Courts select and utilize special preme Court; two attorneys appointed by a majority masters (referees, auditors, exaainers). Assign- vote of all members of the Board of Commissioners ment and removal are by the court. In practice, of the State Bar of New Mexico, and five citizens, special masters must be members of the bar and not licensed attorneys or justices, judges, or mag- practicing attorneys. istrates, appointed by the Governor. b. Masters should be referred to only in excep- [Const., Art. VI, S32; N.M.S.A. S34-10-11 The com- tional cases. Subject to the limitations of the 7.2 Authority and procedure for sanction. order of reference, masters can regulate all pro- mission, after hearings and investigations it deems ceedings in every hearing before them and take all necessary, makes recommendations for discipline or measures necessary and proper for the efficient removal of justices and judges to the Supreme performance of their duties. Court. The Supreme Court reviews the record, can [Supreme Court Rule 53(a), (b), (c), permit the introduction of additional evidence, and accepts or rejects the commission's recommenda- Judicial Discipline tions. [Const., Art VI, S321

3 C S

350 NEW YORK

Court of Last Resort mission (reference Table 12: Characteristics of judicial nominating commissions). Vacancies &re 1.1 COUIT OF APPEALS. The court sits in Albany, filled in the-same manner. Court of Appeals judges and thi pumber, commencement date, and length of are selected for 14-year terms based on the State its terms are designated at its discretion each of New York's merit selection system. There are year. no provisions for retention elections. [Judiciary Law, Sections 54, 60; Chief Adminis- [Const., Art. VI, 412, 20; Judiciary Law 161- trator of the Courts) S68) 1.5-.Administration . 1.2 Organization. The court consists of seven judges. Five members of the court constitute a a. The Chief Judge of the Court of Appeals is quorum. If the caseload requires, the Governor may the Chief Judge of the State of New York and is the designate up to four justices of the Supreme Court chief judicial officer of the unified court system. to sit temporarily on the Court of Appeals. The administrative power is vested in the Chtef [Constitution, Article VI, Section 21 Judge. There is an Administrative Board of the 1.3 Jurisdiction Courts which consists of the Chief Judge of the a. The Court of Appeals has no original juris- Cokitt of Appeals as chairman and the presiding diction. justice of the Appellate Division of the Supreme b. The Court of Appeals has appellate jurisdic- Court in each juOicial department. The Chief tion constitutionally limited to review of ques- Judge, after consultation with the Administrative tions of law, except in criminal cases in which the Board, establishes standards and jdministrative judgment is a death penalty (deleted October 10, policies for general application throughout the 1980) or cases in which the Appellate Diviaion, in state, which are ubmitted by the Chief Judge to revising or modifying a final or interlocutory the Court of Appeals, together with the recommenda- judgment or order, finds new facts and a final tions, if any, of the Administrative Board. Such judgment or order i& entered pursuant to that find- standards and administrative policies are promul- The ing. Direct a6peals to the Court of,Appeals from gated after approval by the Court of Appeals. the trial courts are permitted whin the death pen- Chief Judge, with the advice and consent of the Ad- /i<y is imposed and in civil cases when the only ministrative Board of the Courts, appoints a Chief question is the constitutionality of a state or Administrator of the Courts who serves at his federal statute. The constitution provides that pleasure. If the appointed administrator im a certain types of cases may be taken to the court justice or judge, his title is Chief Administrative as a matter of right, while others may be taken Judge. only with the leavelef a justice of the Appellate The Chief Admini/trator, on behalf of the ion or a judge the Court of Appeals or upon Chief Judge, supervises the administration and In the c rtification of the ellate Division or the operation of the unified court system. urt of Appeals. exeicise of such responsibility, the Chief Adminis- trator of the Courts has such powers and duties es [Const., Art. VI, S , Chief Administrator of the Courts) are-delegated to him by the Chief Judge and such Jurisdiction added October 6, 1980: All additional powers and duties as aie provided by appeals from the Appellate Divisions of the Su- law. He is sss i s ted in the performance of his preme Court, and appeals in criminal casesfrom the duties by two deputy chief administrators, one Appellate Terms of the Supreme Court And from the supervising the operation of the courts in New York, County Courts when the County Courts act as inter- City, one supervising the operation of the courts . mediate appellate courts, are taken to the Court outside New York City; the judicial district administrative judges, and the Office oCCourt Adminis- of Appeals. The Court of Appeals also reviews all determinations of the Commission on Judicial Con- tration. Reference Section.5.1 (General adminis- duct. Reference Section 7.1. trative authority). [Corfu., Art. VI, S221 b. Reference Section 5:2.b (state-level admin- 1.4 Judges (7) istrator). *a. The Chief Judge is selected for a 14-year c. The Court ofAppeals may from time to time term based on the State of New York's merit selec- by an order entered in itel minutes appoint and re- tion ystem. gee subheading c. below. move its clerk. The clerk has the authority to b. Court of Appeals judges must have been ad- ippoint, at his pleasure, deputy clerks and assis- mitted to the practice of law in the state for at tants. The clerk supervises nonjudicial employees least 10 years prior to assuming office. in the Court of Appeals. c. Court of Appeals judges are appointedby the [Const., Art. VI, t28; Judiciary Law 1S57, 2571 Governor, with the advice and consent of the Sen- 1.6 Rule-making. Rule-making authority, with ref- ate, from a list of persons found to.be well quer- erence to practice and procedure in the courts, is ified and recommended by a Judicial Nominating Com- constitutionally divided between the legislature

3'51 3G9 Figure 1:New York court system, 1980

COURT OF APPEALS 7 Judge Juriediction: - Final appellate jurisdiction in civil and Court of criminal questions of law. last - Direct appeal of questions Lmvolving resort provisions of state or federal constitutions and death sentence.

Death penalty or civfl casea involving tenatitutionality of Criminal matters state or federal statute.

APPELLATE DIFLEIONS of SUPSINiE CGURT (4) APPELLATE TERMS OF SUPREME COURT 24 Mime (3) Juriediction: 9 Supreme Court justices serve Intermediate -Civil and criminal sppellate (3 in each Appellate Tetm) appellate juriediction. Juriedictiqn: courts - Civil and criminal appellate jurisdiction.

Civil, felonies,

¶ all 3rd 0Per Smefkb0e ssssss

SUPREME COURT (1) COUNTY COURT (57) 263 justices 104 judges Juriediction: Jurisdiction. - Unlimited 1-and - Civil lew and equity e quity. Exclusive 'under $6,000 (may vary juriedicction in up to $10,000). domestic relation* - Original criminal juris- n etters. diction over all of - Courts of - Felonies and misde- sea (except in the City general

meanors prosecuted by of New York)' 41; jurisdiction indictment (in the Appeals on record. City of New York). Jury trials. Criminal jutqadiction in other countiee, if needed. Jury trials.

3rd and Ath - Departments.

2nd FAMILY.COURT ($11) SURROGATE'S COURT (62) CITY COURT (61) Department. DISTRICT COURT (2) 107 judges, 37 county 35 surrogates,.37 county (outside New York City) (Nassau and Suffolk court Mese serve judgos serve 101 full-time and 60 counties) Jurisdiction: Juriediction: part-time ...Judges 49 judges - Adoption, child - Matters relating fo Juriediction. Turiodictio,, protection, family decedents' estates. 7Civil actions under Civil Ascii, nder offenses, support, Delusive juriediction $6,000, small rlalos $6,000, small .laime custody, paternity. in probate netters: under $1,000. under $1,000. - Juvenile delinquen- Adoptions, suardlin- :mine! ers with 'riming'''. matter. cy, dependency and ships. les, non $1,000, Ath fine less tna- neglect. .entence es. then $1,0nr sentence Jury, trile not months. Felon. less -- '2 months. generally available. P Fein, 'miriade*. Courts of Jury ,riale. tory limited _ _0riediction A_ C.OURT Of CLAIMS (11) riAIb V t 0 !WWI r CIVIL COURT C/F THE CITY 17 Judaea and 26 judges COURT (2,424)0 OF NEW YORK dangerous drug control 2,424 juitice 120 judges luriediction. Juriedie, Jurisdiction. - exclusive jurledicti, - Or Civil law and equity ,ver i .4 CO Which , le ^ - ivtlOr' Mir under $10,000, mall 4r4', 4 mercy omall ,al immememmaa ms under $1,000. 1...... -.....- under $1,000 Juryir els. Original jurdadiction ,riminal matter. with fine eise tn. ell, RAIIlan F TN! $1,000-sentenc: 'Dit 45, MI& -han ,7 nonthefoe 98 o raft Pk Ju of ,n. ,rislre* 'totter, with Jur rt. fine se -An 11,00 nr tenter, a lees than IIIOt ....001, Melliminariee rev rie 411Indi,y ' .....- ....mom.-

t Furtyrersht retired ju...cem of -he supreme Court erme . f 4, .1 tleuro,;I awre temporarily disdeldnoted to the Appal rm. 1.,101.0411. p-mio %Pair( and the courts, although the legislature may dele- 2.4.1 Justices (24) 44 gate Its power to any court or to the Chief Admin- a. The presiding justice for each of the bar istrator of the Courts, provided that the latter Appellate Divisions is designated kr the Governor may-only exercise such power with the advise and from justices elected to ,tiRe Supreme Court in the consent of the Administrative Board. The legisla- department in which he is to serve. The presiding ture is vested with power to determine practice and justice serves for the remainder of the term to procedure in the courts.'The Chief Judge of the which he was elected as a Supreme Court justice. Court of Appeals, after consultation with the Ad- b. Appellate Divisions of the Supreme Court ministrative Board of the Courts (made up of the justices, must he practiced law in the state for Chief Judge and the four presiding justices of the at least110 Years prior to appointment. Appellate Divisions) and approval by the Court of c. Justices of the Appellate Divisions of the Appeals establishes standards and administrative Supreme Court are designated by the Governor from policies for general iPplication throughout 'the the justices elected to the Supreme Court. A ma- state. jority of justices in each Appellate Division must The Chief Administrator of the Courts is be residents of the particular department they are vested with power to adopt administrative rules for designated to serve. Unless he is a specially the orderly transaction of business in the trial designated justice,i.e.', one who has been desig- courts. The Appellate Divisions are vested with nated to serve in response to the request of al> Ap- power to adopt administrative rules for the orderly pellate Division for assistance in insuring the transaction of business in their courts, and in the speedy disposition of its caseload, each justice Appellate Terms of the Supreme Court in their re- serves 5-year term or the remainder Of thv Supreme spective departments. Court term to which he was elected, whichever is (Const., Art. VI, SS28, 30; Chief Judge's Ad- less. Qualified justices may be redesignated. ministr4ive Delegation, April 1,1978 (herein- (Const., Art. VI, §S4, 201 after Chief Judge's Delegation)1 2.5.1 Administration a. The presiding justice and associate austices

Intermediate Appellate Courts j of each Appellate DivisiOn have administrative * q auTrOrity ov rtheir court. This authority in- -2.1.1 APPELLATE DIVISIONS OF 1HE SUPREME COURT. c-ludes respo s i y or assigning justices, ap- There are,four Appellate bivisLong of the Supreme pointing Anjudicial employees, and setting the 4 Court, ope in each of the four judicial dePart- hours,and terms of the court. ments. They sIt. in permanent locations as follows:. b. There is no provision for an administrator lit'Department in Manhattan (New York City), 2nd fdr the Appellate Divisions. Reference'Section

Depaftment in Brooklyn, 1 Department in ADiany, 5.2.b (state-level administrator).. and 4th Department in ReRnester. Sittings lin other c. Th, Justices of the Appellate Divisions ap- locationt are permitted where the justices deter-, point a clerk for their respective courts. They mine that public interest so requires. The number, also have the power t remove these appointed ' commencement date, and length of terms of the Ap- clerks. The clerk supervises nonjudicial employees pellate Divisions are estabrished each year by the, in the Appellate Diviswion. Presiding Justices and the associate justices of (Judiciary 1,,pw'S91, Chief JIdges Delegatidni each Department. 2.6.1 Rule-making. rke Appellate Divisions posiess (Const., Art. NI-, S4(1), Judiciary Law,S75, such procedural rule-making autiloeity to adopt ad, Chief Judge's Delegation S3I ministrative rules for the eft it r and orderly 2.2.1 OrganiiatLon. The Appellate Divisions sit transaction of 4business in theii- co .1-11 panels of 4 or 5 justices on each case.' Four (Chief Judge's Delegation1 justices constitute a quoruM and no more than five justices can hear any particular case. The Appel- 2.1.2 APPELLATE TERMS OF THE SUPREME nDRT. The late: Divi5ions in' the 1st and 2nd departments con- Appellate Division of the Supreme Court in sist of seven justices each and in the 3rd and 4th judicial department may establish an Appellate Term departments of five justices each. Each Appellate for its department or for a county or judicial Division may also request the Governor to designate district within the department. additional justices to insure the speedy disposi- (Const., Art. VI, S81 tion of business before it. 2.2.2 Organization. Each Appellate Term is manned (Const., Art'. VI,S41 by between 3 and5 justices. The court sits in 2.3.1 Jurisdiction panels consisting of no more than three just.,es. s. The court has jurisdiction in all matters Two justices constitute a quorum and the concur- relating to the admission, d.iscipline, and removal rence of two is required for a decision. There are of attorneys. presently three ApPellate Terms. The Appellate b. The Appellate Divisions hear and determine Term of the Supreme dourt for the 1st Judicial De- appeals from judgments or orders of the courts of partment sits In New York City and hears appeals ,rteinsl jurisdirtion in criminal and civil cases, from the New York City Criminal and Civil Courts andr, /1PW CIVIL appeals from the Appellate Terms. sitting in New York and Bronx Counties. The Appel-,_ The ,.. IN.ns may review determinations of the late Term of the Supreme Court for the 2nd and llth rommie so, oo Judirial Conduct (reference Sec- . Judicial Districts (judicial districts that ir lude tion with re -e,t tn justices of Town and the counties of Kings, Queens, and Richmond) sits Viila. tice Cuurts.ti vich authority is grant- in Brooklyn and hears aTVINkg from the New York. od tne legislat -his 1risdiction was City Criminal and Civil Cou sitting in Kings, removed october ¶ Queens, and Richmond Counties. The Appellate Term I(.11st., Art. VI, SS4,.:,, Judiciary Law 590, of the Supreme Court for the 9th and.10uhrJudicial IJil'Practice Law and Rules (hereinafter Districts (judicial districts that include the -T.N.T.R.) Art S71 counties of Dutchess,-Orange, putnam, Rockland,

353 3-71 Westchester, Nassau, and Suffolk) sits in Brooklyn, on county lines and contains from 1, to 11 counties. Garden City, and White Plains. Thss court hears Once every 10 years the legislature may increase appeals from County% District, Town Justice, Vil- or decrease the number of districts. There are no lage Justice, and City Courts within the 9th and specialized divisions of the court, except in the 10th Judicial Districts. city of New York which has civil and criminal divi- (Const., Art. VI, S8; Title 22, Official Com- sions. A branch of the Supreme Court exists in pilation of Codes, Rules, and Regulations of each county. the State of New York (hereinsfter 22 NYCRR) (Const., Art. VI, 56; Chief Administrator of 11640, 7301 ^ the Courts] 2.3.2 Jurisdiction 3.3.1 Jurisdiction I. The Appellate Terms have no original juris- a. The Supreme Court has exclusive jurisdiction diction. overjelonies and indictable misdemeanors in New b. Appellate Terms are established as needed York City. The court also has unlimited original by the justices of an Appellate Division. As may jurisdiction, but it generally hears cases outside be directed by the Appellate Divisions which estab- the jurisdiction of other courts, such as: civil lished them, they have jurisdiction to hear and matters beyond the financial limits of courts of deterniine appeals, which are authorized by law to limited jurisdiction, normalli those above $6,000 be taken to the Supreme Court or to the Appellate or $10,000 (varies according to jurisdiction); di- Divisions, provided they may not hear appeals from vorce, separation, and annulment proceedings, and a Supreme Court, a Surrogate's Court, a Family suits in the nature of equity, such as mortgage Coutt, or appeals in criminal cases prosecuted by foreclosures and injunctions. indictment. b. The Supreme Court has no appellate jurisdic- iConst., Art. VI, S81 tion. 2.4.2 Justices (9 Supreme Court Justices serve) (Const., Art. VI,S7] The constitution permits three to five justices per 3.4.1 Justices (263). The number of Supreme Court term. justices 15 determined by the legislature within 1.4:-There is no provision for a chief justice constiel.tutional limitations. The number varies from over, the three Appellate Terms. The Chief Adminis- 9 to"61 per district. trator drbifnates, with the approval of the approp- a. There is no provision for a chief justice riatm.Appellase Division, a presiding justice for over the 11 judicial districts or for a presiding each Appellate Teem. The presAding justice serves justice for each district. untifl eheSend of his term as Supreme Court juitice. b. Supreme Court justices must have been mem- b. Appellate Terms justices must have practiced bers of the bar for a, least 10 years. laW in the state for at least 10 years. c. Supreme Court justices are elected by the : c. JuitV45 of the Appellate Terms of the Su- voters of the judicial districts and serve 14-year preme tourt are designate4 by the Chief Administra- terms. There are-no'retention elections in the tor df the Courts with the approval of the presid- State of New York. There may be a primary if any ,ing'justice of the Appeellate Division in the judic- party nomination is contested. ial department an which they will serve from the (Const., Art. VI, SS6, 20, Judiciary Law jdstices elected tO 6 Supreme Court who are 'resi= S140-a, Chief Judge's Delegation] dent within the geOgra hical area sei'ved by the Ap- 3.5.1 Administration pellate Term. a. There is no provision for a chief justice

IConst., Art. VI, S ; Chief Judge's Delegation] over the 11 judicial districts, or fot presiding 2.5.2 Administration. T esi ng justice and justices for each district.The Chief Administra-

associate justice's of an Appellat ivision in ' tor of the Courte administers the Supreme Court in which an Appellate Term has been e blistod have all districts. administrative authority over theAppellste Term. In those districts within New York City, he a. The preiliding justice'appoints personal as- ' is assisted by the deputy chief administrative sistants who sew( as their own law secretaries". " judge for the courts within New York City, as well b. The presiding justice of an,Appellate Term as by the deputy New York City administrative is thelodministrative judge of that court. jitdges (onejor the Criminal Branch; one for the c. Each chief clerk supervises nonjudicial ei- Cvvil Bsmnch, and,one for the"Family Court of the ployees tn his Appellate Term. fl 'I City Of Vey York), and by the four assistant admin- (Chief Judge's Delegationt iStrative jidges: The depUtyurnd assistant admin- 2.6.2 Rule-making. Administrative.rules" for etch istrative jages`tehipotartiy ssaign_judgei add - Appellate Term are promulgated by' the Appellate Oversee orderly4dminis;ration. Oufs_ide 48w Yoi.k,

Division that established it. "4 City, he it assisted by thee dePoly (Chief Judge's Delegation; 22 NYCRR Si640, 711, trative judge for the coyets outside fiew Ypik City, 732] as 'well a* by the district edmiilfitrative judges,,-,

who temporarily assign judges and overiiie orderly , Courts of_Gentra.1,JuriedictIon administration. b. There are nolorovisions ftr an.adminisSrator,,,i 3,1.1 suimpe COURT. :The,Chief Administrator of over all the districts 'of the Supreme Court or fbr 0-4 Courts, 'from time to time, fixes the number, administrators for the indtvidtal districtsz,' Pf cbmmencement dates; and places for holding special erence Section 5.2.b Cstate-level administrator)-, and trial terms and the length of"such terms of the "c. The Chief Administrator of the Courts ap- Supreme,tourt and issigns juStides to hold such points all court clerks in the trial court* of'Oe. terms. , - state, except in the Tawt and Village Ju-Atice (Const., Art. VI, S28; Chief-Judge's Delega- tourts. The Chief Clerk, in each-court superyls'qs tioni all nonjudicial personnel, excepb the judges' 3.2,1 Organization. The state is presently divided personal staff (law cletk and stenographer). into 11 judicial districts. Each district is drawn (Chief Judges DelegMtion)',

354 ) 3.6.1 Rule-makini. Administrative rules for the to time, as caseloads require. §upreme Court are adopted by the Chief Administra- [Chief Judge's Delegation] 'for of the Courts. Individual courts may promul- 4.2.1 Organization. Each of the state's 62 count- gate local rules consistent with general practice ies, including the 5 counties in New York City, has and procedure as provided by statute or general a Surrogate's Court. There are no specialized rules. divisions of the court. [Const., Art. VI, 30; Chief Judge's Delegation] 4.3.1 Jurisdiction a. The Surrogate's Court has jurisdiction over 3.1.2 COUNTY COURT. The number, places, commence- all actions ,and proceedings relating to the affairs ment dates, and the lengths of terms are set by the of decedents, probate of wills, administration of Chief Administrator of the Courts, from time to estiyes, and guardianship of the property of min- time, as caseloads require. ors. The Surrogate's Court also has concurrent [Chief Judge's Delegation] jurisdiction with the Family Court over adoptLon 3.2.2 Organization. The courts are constitution- proceedings. allyMandated in each of the state's 57 counties b. The Surrogate's Court has no appellate jur- outside of New York City. There are no specialized isdiction. divisions of the court. [Const., Art. VI, S12; Family Court Act Section [Const., Art. VI, S10] 641] 3.3.2 Jurisdiction 4.4.1 Judges (35). The number of surrogate judges, a. The County Court exercises unlimited juris- is determined by the legislature. Each *tourt must diction over all crimes and other violations of have at least one judge and otners are added by law. Iti civil .jurisdiction is constitutionally ,legislative acts. County Court judges can serve limited to controversies involving less than as the county's surrogate. Currently there are 35 $6,000, unless the legislature increases a particu- surrogate judge44 9 county judges who are also sur- lar County Court's jurisdiction up to a constitu- rogates, and 28 county judges who are also Surro- tional maximum of $10,000. Fifty-four of the gates and Family Court jude,es. state's 57 County Courts have been conferred civil a. Surrogate's Court in each county is presided jurisdiction up to $10,000 by the legislature. over by an elected surrogate, or, where the legis- b. The County Court has appellate jurisdiction lature has so provided, by 4 County Court judge to hear appeals from determinations in the Dist- discharging the dut,ies of surrogate. rict, City, and Town and Village Justice Courts. b. Surrogates must have been admitted to prac- [Const., Art. VI, 511, Judiciary Law S190] tice law in New York for at least 10 yeSrs, while 3.4.2 Judges (104). The number of judges is deter-.- County Court judges who also discharge the duties mined by the legislature. Forty-six of these 104 of surrogates need only have been admitted to the judges also serve in the Family and/or Surrogate's practice of law for at least 5 years. Courts. c. Surrogates are selected in the same manner a. The County Court does not have a chief judge as County Court judges. Reference Section 3.4.2.c. over all the counties or presiding judges for the Judges serve 10-year terms, except New York City individual counties. Surrogate's Court judges, who serve 14-year terms. b. County Court judges must have been admitted [Const., Art. VI, 5512, 14, 20, Judiciary Law to practice law in the state for at least 5 years. 4184; Surroga e's Court Procedure Act, 52603] c. County Court judges are elected by the 4.5.1 Administrati voters of their respective counties in partisan a. There are no provisions for presiding judges elections and serve 10-year terms. There are no for the Surrogate's Court. retention elections in New York state. There may b. There are no provisions for an administrator be 4 primary if any party nomination is contested. over all the Surrogate's Courts or administrators [Const., Art. VI, SSIO,20-; Judiciary Law for the individual Surrogate's Court. Reference S1182,184] Section 5.2.b (state-level administrator). The 3.5.2 Adminritration Chief Administrator of the Courts administers all a. There are no provisions for a chief judge the Surrogate's Courts, assisted by the deputy over all the counties of the County Court or for chief administrative judges for the courts outside presiding judges for the individual counties. and inside New York City, as well as by their sub- b. There are no provisions for an administrator ordinates. Reference Section 3.5.1. over all the 57 County Courts. Reference Section c. The Chief Administrator of the Courts ap- 5.2.b (state-level administrator). Administration points Surrogate's Court clerks,.who pupervise non- is by the Chief Administrator of the Courts, asjudicial employees in Surrbgate's Courts, except sisted by the deputy chief administrative judge for for the personal staffs of the surrogates. the courts outside New York City, And further as- [Chief Judge's Delegation] sisted by the district administrative judges. Ref- 4.6.1 Rule-making. keference Section 3.6.1. erence Section 3.5.1. In multijudge County Courts, one judge may be designated as supervising judge 4.1. FAMILY COURT. UniformFamily Court Rules of thatcourt. provide that the Family Court shall be open Monday c. Thg Chief Administrator of the Courts ap- through Friday, 9:30 a.m.-5:00 p.m., except that points-County Court clerks, who supervise nonjudic- the Chief Administrator'of the Courts may provide ial eliployees in a County Court, except for the differently outside the City of,New York, depending personal atIffs of the judges. upon ceseload. 1Chierludge'R DelegaCion] [22 NYCRR S25461] 0 3.1,2 Rude-making. Reference Section 3.6.1. 44.2 Organization. There is a Family Court estab- lisbed for the state 'of'New York. It is establish- COUgts,Of Lima_ted oF Specral Jurisdiction ed in each county outside the City,of New York, and also in the City of New York. 14.1.PSURRWATE'S2QURT.,The number, places, cum- [Const., Art. VI, 513; Family Court Act 55117, iMencoment dates,'ind the 'lengths of terms are set 1'21, 131, Chief Administrator, of the Courts] '16e,t1(4 Chtef Admimiette,t8r of,the Courts, from timei,,

' '355

- 4

' '

. _ 4.3.2 Jurisdiction of terms are set by the Chief Administrator of the a. The Family Court has jurisdiction in cases Courts, from time -to time, as caseload requires. involving families and children. The court's major [Chief Judge's Delegation] types of cases involve: juvenile delinquency; 4.2.3 Organization. The Civil Court sits at vari- child protection, minors in need of supervision; ous locations in the 5 counties of New York City. review and approval of foster care placements; pat- The Civil Court of the City of New York has a Small ernity determinations, family offenses, adoptions Claims Part and a Housing Part. (concurrent jurisdiction with the Surrogate's [New York City Civil Court Act (hereinafter Court), support of dependent relatives, permanent C.C.A.) SS102, 110, 1801] neglect, termination of parental rights; guardian- 4.3.3 Jurisdiction ship, and custody. The Supreme Court, however, a. The Civil Court of the City of New York has rather than the Family Court, has jurisdiction over jurisdiction to entertain civil cases involving cases involving divorce, separation, and annulment. amounts up to $10,000. It includes a Small Claims' The Family Court in New York City also has Part for informal disposition of matters not ex- "Designated Felony Act Parts" for hearing certain ceeding $1,000 and a Housing Part for housing code felony ,.'uses specified by statute. In other count- violations. ies or the State, these designated felony cases b. The Civil Court of the City of New York has have hearing preference. no appellate jurisdiction. b. The Family Court has no appellate jurisdic- [Const., Art. VI, SI5, C.C.A. S110, Act 2, Art. tion. 18]. Hmst., Art. VI, SS7, 131 4.4.3 Judges (120). The number of judges authoriz- 4.4.2 _lodges (107; 37 County judges also serve). The ed is determined by the legislature. numberof judges is determined by the legislature. a. The Civil Court does not have presiding Family (,mrr in each county is presided over by one judges. or more Family (ourt judges, or, where the legis- b. Livil Court judges must have practiced law lature has so provided, by a County Court judge in the state for at least 10 years. lischarging the duties of Family Court judge. c. Civil Court judges are elected in partisan a. The Family Court does not have presiding elections in a county in New York City...or in a judges. court district in New York City and serve 10-year b. Family Court judges must have been admitted terms. to practice law in New York for at least. 10 years, [Const., Art. VI, 1115, 20, C.C.A. 1102] while Loonty Court judges who also discharge the 4.5.3 Administration duties ot Family Court or Family and Surrogate's a. There are no provisions for presiding judges (ourt judge, need only have been admitted to the for the Civil Cpurt of New York City. practice of law for 5 years. b. The Chief Administrator of the Courts admin- c. Family Court judges are elected by the isters the Livkl Court of the City of New York, as- voters of their respective counties in partisan sisted by the deputy chief administrative judge for ele,ctions except in New York City, where they are courts inside New York City, and by a deputy New appointed by the Mayor. All judges serve a 10-year York City administrative judge who is also adminis- term. trative judge for the Civil Court. Reference Sec- lionst., Art. VI, SS13,14, 20, Family Court tion 3.5.1. Act SS121, 124, 131,134J c. The chief clerk has the power to administer 4.5.2 Administration oaths, take acknowledgements, and sign the process a. There are no provisions for presiding judges or mandate of the courts. The chief clerk super- for the Family Court. vises nonjudicial employees in the Civil Court of N. There are no provisions for an Admmistrator the City of Net/ York. over the. Family Court statewide. Reference Section - (C.C.A. 1109f 5.2.b (state-level administrator). The Chief Ad- 4.,6.3 Rule-making. Special rules of practice for ministrator of the Courts administers the entire the Civil Court of the City of New York have been Family Court statewide, assisted by the deputy promulgated. Reference Section 1.6.

chief administrative judges for the courts inside [22 NYCRR Part 2900, C.C.A. 12103] 1110 and outside New York City, and their subordinates. These include, in New York City, the Family Court 4.1.4 CRIMINAL COURT OF THE CITY OF NEW YORK. The administrative judge. Outside New York City, spe- Criminal Court of the City of New York is in ses- cial administrative judges for the Family Court sion daily, except Saturdays, Sundays, and holi- have been appointed to supervise the Family Court days. The numbers, places, commencement dates, and where a need for such Administrative judges exists. the length of terms are set, from time to time, by Reference Section 3.5.1. the Chief Administrator of the Courts. s c. Each Family Court has a clerk of court who [22 NYCRR 2950.3, Chief Judge's Del-egation] keeps the records and seal. The clerk supervises 4.2.4 Organization. The judges of tfie Criminal non)idicial employees in his Family Court. Court sit at various locations in the 5 counties [Family Court Act S216, Chief Administrator of of New York City. The court in each county of the the Courts] city is divided into specialized divisions or parts 4.6r2 Rule-making. Uniform statewide- Family Court that handle certain events in the trial proces2. , i specif- riles ...Ind local rules tor the Family Court of New The juris,diction of eaCh of these parts 'IN,ik Cstsf,haye been-promulgated. Referepce Section ied by rules of courts L22,MYCRR Patt-s 2950.1, 2950.2; New York City l.6. [Fagilly Court Act 5212, 22' AYCRR 12501 to Criminal Court Act (hereiMafter)Crim. Ct.:Act) S2510, 1S2590, 2655, 2685, 2755, 2770, 2810, S20] /8301 4.3.4 Jurisdiction a. The Criminal Court of the City of New York

4.1.3 CIVIL COURT OF THE CITY OF NEW YORK. The . has Jurisdiction to conduct felony arraignments and number, places, coinhencement dates, and the lengths preliminary hearings. It also has jurisdiction to

3-56 4 3 1 hear, try, and determine all misdemeanor cases, and 4.4.5 Judges (49). Each District Court must have all offenses of a grade less than misdemeanor, in- at least one judge and such others as provided by cluding ordinance violations. law. b. The Criminal Court of the City of New York a. The judge elected from Nassau County as a has no appellate jurisdiction. whole, and the judge elected in Suffolk County from [Const., Art. VI, S15; Crim. Ct. Act Section the entire District Court system, become President 31, C.P.L.R. S10.301 of the Board of Judges of their respective District 4.4.4 Judges (98). The number of judges authorized Courts for their term of office. is determined by the legislature. b. District Court judges must have practiced a. The Criminal Court of the City of New York law in the state for at least 5 years. does not have presiding judges. c. District Court judges are elected by the b. Criminal Court judges must have practiced voters of their respective districts in partisan law in the state for at least 10 years. elections and serve 6-year terms. c. Criminal Court judges are appointed by the [Const., Art. VI, SS16, 20; S2406 of Nassau mayor of the city for 10-year terms. County Government Law; S2407 of Suffolk County [Const., Art. VI, SS15, 20, Crim. Ct. Act S201 Charter11 1 4.5.4 Administration 4.5.5 Administration a. There are no provisions for presiding judges a. There is a President of the Board of Judges for the Criminal Court of the City of New York. in each District Court, designated by statut.e. b. The Chief Administrator of the Courts admin- b. The Chief Administrator of the Courts administers the Criminal Court of the City of New York, isters the District Courts, assisted by the deputy assisted by the deputy chief administrative judge chief administrative judge for courts outside New for courts inside New York City, and by the deputy York City, and further assisted by the district ad- New York City administrative judge who is also administrative judge and the Nassau and Suffolk administrative judge for the Criminal Court. Refer- ministrative judges (reference Bection 3.5.1). ence Section 3.5.1. Reference Section 5.2.b (letate-leveradministra- c. The chief clerk has the power to administer tor). In each*of the two exfsting District Courts, oaths, take acknowledgements, and sign the process the President of the Board of Judges has alsO been . of the courts under the seal"thereof. The keeping appointed administrative judge. of records of court and certifyimg and furnishing c. The clerk supervises the nonjudicial employ- these records are duties of a clerk of.court-and ees irhis District Court. He has responsibilities his assistants. The chief'clerk supervises non- as determined by the Court. judicial employees in the Criminal Court of the rChief Administrator of the Courts] City of New York. 4.6.5 Rule-making. Special rules of practice for [C,C.A. S23] the two District Courts have been adopted and prom- 4.6.4 Rule-making. Special rules of practice for ulgated. Reference Section 1.6. the Criminal Court have been promulgated. Refer- [22 NYCRR Parts 3840, 3935] ence Section 1.6. [22 NYCRR Part 2950.21 4.1.6 CITY COURT (Outside the City of New York). The number, places, commencement dates, and the 4.1.5 DISTRICT COURT. The number, places, com- lengths of terms are set by the Chief Administrator mencement dates, and the lengths of terms are set of the Courts, from time to time, as caseloads re- by the Chief Administrator of the Courts, from time quire. to time, as caseloads require. [Chief Judge's Delegation] 0 [Chief Judge's Delegarion] 4.2.6 Organization. The state has 61 City Courts, 4.2.5 Organization. Courts may only be established one iiveaCh city outside New York City. Fourteen in counties or portions of counties with the.con- are-courts of record, forty-seven are courts not sent of the voters residing therein. At present, of record. City courts are created, and mpy also only two District Courts exist in the state, both be abolished, by the legislature. Each City Court located on Long laland. Nassau District Court in- has a Small Claims Part with jurisdiction up to cludes Nassau County, while the Suffolk District $1,000. Other specialized divisaons may be estab- Court includes the five westernmost towns of Suf- lished. folk County. Specialized divisions or parts are [Const., Art. VI, 117; 22 NYCRR Parts 3000, permitted in accordance with court rules. Each 3200, 3400, U.C.C.P.,. Art. 18, Const., Art. vr, court has a Small Claims Part. S17) [Const., Art. VI, S16, 22 NYCRR SS3935.1, 4.3.6 Jurisdiction 1.840.1, Uniform District Court Act (hereinafter a.-The City Courts have the same criminal jurr U.D.C.A.) SS207, Art.18, 2401 (Supplemental isdiction aT the District Court and the Criminal , Provisions), The American Bench, p.13031 Court of the City of New York. Their civil juris- 4.3.5 JuTisdiction diction is simiTar to that of the District Court a. The District"Court exercises the same crim- except that the specific monetary jurisdiction of inal jurisdiction as the Criminal Court of New York. each court varies. The monitary jurisdiction of City And civil jurt,ediction similar to the Civil each court is set forth in the legislative act that Court' of New=York Citjr, except that the amount in established the particular court. a civil .action may ndt exceed $6,000. The Small , b. The City CoOrt has no appellate jurisdieton. Claims Part hasvlurisdiction involving amounts up [Const., Art. VI,S17; U.C.C.A. SS2001, 2300, to tr,000. C.P.L.R. S10.101 b. The District Court has no appellate juris- 4.4.6 Judges (401 full-time and 60 part-time). diction.. The number of judges in the City Courts is deter- [Const., Art. VI, SS15, 16, U.D.C.A. Art. 2, mined by the legislature. krt.18, S2001, C.P.L.R. S10.30) a. In most multi,-judge City Courts there is either a chief or an administrative judge (or both) 375 of the respective cities. Such matters are treated Claims under the Chief Administrator of the Courts. in each city charter. The chief judge may also be b. The Court of Claims is administered by the designated as administrative judge by the chief Chief Administrator of the Courts assisted by the court administrator. presiding judge of the Court of Claims. Reference b. City Court judges must have been members of Section 4.5.7.a. the bar far at least 5 years. c. The clerk of the Court of Claims supervises C. City Court judges may either be elected by the nonjudicial employees in the court. He has re- 'the voters or appointed by the City Council, de- sponsibilities as determined by the court. r pending on provisions of the legislative act that (Chief Judge's Delegation] estab[rshed the particul2r court. They serve 2- 4.6.7 Rule-making. The legislature has specific- to 10-year terms. ally granted to the Court of Claims authority to (Const., Art. VI, SS17, 201 establish rules for the government of the court 4.5.6 Administration and the regulation of practice therein, provided a. In-most multi-judge City Courts outside the that such rules are consistent with statutes of the City of New York there is either a chief judge or state. an,administrative _judge or both. (Court of Claims Act $91 b. The Chief Administrator of the Courts admin- igters the City Courts, assiited by thsi deputy 4.1.6 TOWN JUSTICE COURT and VILLAGE JUSTICE chief administrative judge for courts outside New COURT. Town and Village justices must hold within York City, and further assisted by the district ad- their town or village a court for the trial of any ministrative judges. Reference 9ection 3.5.1. In action or special proceeding brought before them most multi-judge City Courts outside the City of over which they have jurisdictdon. Most towns and New York, there is either a presiding judge or an villages have justice courts. A Village Justice administrative judge or tYCAih. Court has civil jurisdiction over causes of action c. The clerk in each City Court supervises the arising within a viilage. If a village is within nonjudicial employees in his court. He has resTon- a town, then the Town and Village Justice Courts sibilities as determined by the court. have concurrent civil jurisdiction within the vil-

(Chief Judge's Delegation] , lage. The frequency of their sessions is prescrib- 4.6.6 Rule-making. Uniform procedural and adminis, ed by rules of court. trative rules relating to the City Courts within (Uniform Justice Court Act (hereinafter each jadicial department have been promulgat*d. U.J.C.A.), Art. 2,SS200I, 21031 Reference Section 1.6. 4.2.8 Organization.A Small Claims Part Ls man- 122 NYCRR Parts 3000, 3200, 3400) dated by statute. 11J.J.C.A. S18021 4.1.7 COURT "OF CLAIMS. Two,terma of couit are held 4.3.8 Jurisdiction each./ear in each Court ot Claims district. a. Town'and Villege Justice Courts have the

' 122 NYCRR Farts 1200.1, 1200.21 same criminal jurusdiction as the Criminal Court 4.2.7 Organization. The state is divided into nine of the City 'of New York. Reference Section Court of Claims districts. There are no specializ- 4.3.4.a. Their civil jurisdiction extends to con- ed divisions of the court. troversies involvIng up to $3,000. These courts 122 NYCRR Fart 1200.11 also have jurisdiction in summary proceedings in- 4.3.7 Jurisdiction volving landlords and tenants without regard to a. The Court ot Claims has jurisdiction to hear amount. Small claims jurisdiction extends to ac- and determine clatms against the state, by the tions involving $1,000 or less. state against the claimants, or between conflicting b. Town and Village Justice Courts have np ap- claimants. pellate jurisdiction. b. The Court of Claims has no appellate juris- (C.P.L.R. S10.30, U.J.C.A. SS201, 204, 1801, 2001; Chief Administrator of thel Courts] [Const., Art. VI, S9, Court pf claims Act Sec- 4.4.8 Judges (2,424). The legislature prescribes tion 9] the number of'justices in each of these courts. A 4.4.7 Judges (43). The constitution sets the village may have no more than two village justices. court's membership at eight; hoWever,it can be de- Each town has two town justices, unless a greater creased to six or increased to any number by the number is otherwise prescribed by law or a particu- legislature. The legislature has set the court's lar town. permanent membership at 17: a. The Town and Village Justice Courts do riot a. The Governor designates the presiding judge have presiding judges. dyer the nine districts% The presiding judge b. Justices of these courts need not be serves in this role for the remainder of his term. attorneys. If they are not attorneys, they must b. Court of Claims judges must have practiced complete a course of training and education. law in the state for at least 10 years. c. Village justices are selected in a manner c. The17. Court of Claims judges are appointed thatis determined locally. Town justices are by the Governor, with the advice and consent of the elected by the voters. Village justices normally Senate, and,serve 9-year terms. fn addition, the serve 4-year terms; however, if the village Board- legislature has authorized the Governor to desig- of Trustees establishes additional offices Of nate additional temporary (one-term only) Court of lage justice, it may also prescribe an initially Claims judges (Dangerous Drug Control Program) who shorter term so that village justices thereafter are assigned to other courts. These judges now are elected every 2 years. The constitution pre- number 2.6. scribes that town justices serve 4-year terms. lConst.,'Art. SS9, 20; Court of Claims Act (Const., Art. VI, SS17, 20, U.J.C.A. 5105; Vil- S2, Chief Judge's lege Law SS3-301, 3-302; Town Law S20(1)(b)1 4.5.7 Adminsktation 4.5.8 Administration a. The presiding judge is generally responsible a. There are no provisions for presiding judges fur the ordeely administ,ration of the Court of in the Town and Village Justice Courts.

358

3 '7 G b. There are no provisions for an administrator ko) rorwarus tne itemizeu estimaies oi over the Town and Village Justice Courts. Ref- the judiciary's financial needs to the appropriat- erence Section 5.2.b (state-level administrator). ing bodies with recommendations and comments. The Chief Administrator of the Courts administers (c) Assigns justices and judges on a the Town and Village Justice Courts, assisted by temporary basis. the deputy chief administrative judge for courts (d) Designates and removes Justices .if outside New York City, and further assisted by the Appellate Terms with the approval of the presidin district administrative judges. Reference Section justice of the appropriate Appellate Division. 3.5.1. (e) Designates the place or places c.In many Town and Village Justice Courts, where Appellate Terms are held. there is no clerk. In a few of these courts, there (f) Promulgates rules of judicial con- is a Clerk and other nonjudicial staff over whom duct with the approval of the Court of Appeals. the clerk exercises general supervision. (g) Exercises such procedural rule- (Chief Administrator of the Courts] making powers as are delegated by the legislature. 4.6.8 Rule-making. Many procedural matters are de- Such powers are exercised with the advice and confined and specified in the U.J.C.A. The Civil sent of the Administrative Board of the Courts. Practice Law and Rules (C.P.L.R.) and the Criminal '(h)Adopts administrative rules for the Practice Law also apply to these courts. Special efficient and orderly transaction,of business in rules may be promulgated provided they are consis- the trial courts in consultation with the Adminis- tent with statute and the C.P.L.R. Reference Sec- trative Board of the Courts or the appropriate Ap- tion 1.6. pellate Divisions. (U.J.C.A. 12103] (1) Appoints administrative judges in consultation with the presiding justice of the Ap- Stite-Level Administration pellate Division in whose department the court is located. 5.1 General administrative authority. Administra- (j) Designates, in consultation with tive authority over the courts is vested in the the presiding justice of the appropriate Appellate Chief Judge Court of Appeals, the Court of Appeals, Division, two deputy chief administrators, one for snd the Chief Administrator of the Courts. The the trial courts in New York City and another for Chief Judge, after consultation with the Adminis- the trial courts outside the city. trative Board of the Courts, establishes standards (k) Establishes regular hours, terms and administrative policies for general application and parts of court, and assigns justices and judges throughout the state. `Upon approval by the Court to them. of Appeals, such standards and policies are pro- c. Office organization. The total staff of the mulgated by the Chief Judge. The Chief Administra- administrative office is 438. This Includes the tor of the Courts, on behalf of the Chief Judge, 214 employees in the New York City statewide office supervises the administration and operation of the and 66 employees in Albany. The Office of the Dep- unified court system. The Chief Judge appoints the uty Administrator for the New York City Courts Chief Administrator of the Courts with the advice (where the director of administration for New York and consent of the Administrative Board of the City courts is located also) is staffed with 122 Courts. Itemized estimates of the ftnancial needs persons. The administrative offices of-the 2nd of the judiciary are approved by the Court of Ap- (outside New York City), 3rd, and 4th Departments peals and certified by the Chief Judge, prior to have 12,13, and 11 employees respectively. The transmittal to the Governor for inclusion in the Chief Administrator appoints directors of adminis- budget. Such estimates cannot be revised by the tration in the 2nd, 3rd, and 4th Judicial Depart- Governor. Reference Section 1.5.a. ments, who provide administrative support in budget (Const., Art. VI, 628, Art. VII, SI] and personnel matters. The professional staff pro- 5.2 Office of Court Administration vides support services in the following areas a. Establishment of an Office of Court Adminis- policy formulation, and executive advice to the tration is authorized by Judiciary Law S2l2(l)(b) Chief Judge; systems analysis, programming, and and by Chief Judge's Administrative Delegation computer- operations; records management; court reporting, trial court administratioq, court coor- (April 1, 1978 61(b)-(viii)). b. Chief Administrator of the Courts (If the dination, other court services, facilities manage-. Individual appointed is a judge, the title is Chief ment, and court security; payroll, accounting, Administrative Judge.) auditing, budgeting, and purchasing; education, and (1) The position of Chief Administrator is equal employment opportunities; personnel systems, provided for in the constitution office management, and ee relations, legis- (2) The constitution does lnot specify qual- lative, executive, pub c and edia information, ifications for the Chief Admini rator. In prac- and executive and legislative liaison; and planning tice, he must show integrity,he ability to work and research activities including statistical com- with coekt personnel, and general legal and admin- pilation, judicial planning, research evaluation, istrative'"abilities. The Chief Administrator of statistical analuis, legal services, and legisla- the Courts is appointed by the Chief Judge with the tive drafting. 7 advice and consent of the Administrative Board of [Const., Art. VI, 628, Judicial Article Sec- the Coprts, and serves at the pleasure of the Chief lltions 8,20, 26, 28, 29, 30; 22nd Annual Re- Judge. port, pp. 5-11; Chief Judge's Delegation] (3) The Chief Administrator performs the following duties: Quasi-JudicLal Officers (a) Supervises, on behalf of the Chief Judge, the administralion and operation of.the uni- 6.1.1 TRIAL COURTS fied court system. 6.2.1 Referee a. A court may designate either one or three

3.9:17 Figure 2: New Yorlk state-level administrative office of the courts, 1980

Chief ministrative Judge

Deputy Chief Deputy Chief Administrative Administrative Judge Judge (Courts outside (New York City New York City) Courts)

Director I of Administration Assistant (New York City Chief Courts) Administrator

1 1 Counsel 1 1 1 Directors of Administration -1 -2nd Judicial -3rd Judicial 1C0un5el'1 Officel Department Department (Outside New York City) -4th Judicial Department 11=... 11 11, 1 IILm =1. .1 Employee Public Education Budget Management Court Equal Informstion and and Personnel and Information Employment Relations Training !inane. Planning Services Opportunity .

... ,

... referees. All referees must be attorneys unless one lawyer, one judge, and two persons who are both parties consent to nonattorneys. Referees are neither lawyers or judges. The Chief Judge must selected by the court. appoint one Appellate Division justice and two b. The referees serve the trial courts of New Other judges or justices, but they cannot be mem- York as needed. The order of reference directs the bers of the Court of Appeals or the Appellate Divi- referee to determine the action or specific issues, sions. Legislative appointees cannot be active or to report the issues, to perform particular acts, ree,tred judges or justices. or receive and report evidence only. (Const., Art. VI, 122) (C.P.L.R. Art. 431 7.2 uthority and procedure for sanction. The organ'zation and procedures of the commission are 6.1.2 FAMILY COURT provid d by law. The following procedures are 6.2.2 Hearing examiner specifi d in the constitution. The commission re- a. Hearing examiners are selected by the Chief ceives Or initiates, investigates, and hears all Administrator of the Courts. Such examiners must complaintos against judges and justices. The com- be attorneys who have been admitted to the New York mission cSn determine that a judge or justice be Bar for at least 4 years and have experience in admonishechl\ censured or removed from office for Family Court practice. cause, Inc uding but not limited to misconduct in b. The examiner has the power to issue sub- office, peraistent failure to perform his duties, poenas, to administer oaths, and to direct the habitual intemperence, and conduct prejudIcial to parties to engage in and permit disclosure proceed- the administration of justice. It may also deter- ings. Proceedings are conducted in the same manner mine that a justice or judge be retired for mental as a court trying an issue without a jury. The or physical dissbility, which prevents the proper examiner's report can be accepted or rejected in performance of h,ts judicial duties. All such de- whole or part by the referring judge. terminations are transmitted to the Chief Judge of [Family Court Act, 1439] the Court of Appeals. The chief judge provides written notice of such to the judge under investi- Judicial Discipline gation, who in turn has 30 days to request a review of same by the entire Court of Appeals. After its 7.1 Commission on Judicial Conduct. The commission review, the Court of Appeals may accept, reject or consists of 11 members, 4 of whom are appointed by modify the commission's determination. If the leg- the Governor, 3 by the Chief Judge of the Court of islature so provides, coomission determinations re- Appeals, and1 each by the Speaker of the Assembly, lating to town and village justices can be reviewed Temporary President of the Senate, Minority Leader by an Appellate Division, rather than the Court of of the Assembly, and the Minority Leader of the Appeals. Senate. The Governor's appointments must include (Const., Art. VI, ;22; Judiciary Law Si40-48)

361 Figure 1:North Carolina court system, 1980

SUPREME COURT 7 jueticss Jurisdiction. - Direct appeals of death or life imprisonment Court of entences. last - Constitutional questions, dissent in Court of resort Appeals, and Utilities Commission general rate- making comes heard ss of right from Court of Appeals - Other appeals oe major interest, ascretionary.

COURT OF APPEALS 12 judges Intermediate Death or Jurisdiction. appellate life - Appeals from lower courts, Utilities tommission, Court imprisonment. and Commissioners of Insurance.

'SUPERIOR COURT (33) 66 judges Jurisdiction - Civil action& over s5,000. Probate and eminent domain matters. Court of - Felony cases, some misdemeanors. Civil general Appssla de novo of criminal Caste from the actions. jurisdiction Ditriv Court. Appealil-from administrative agencies except Utilities Commission, Industrial Commission, and Commissioner of Insurance. Jury trials.

DISTRICT COURT (33) 136 judges Jurisdiction Civil actions ss,000 or less, domestic Court of relations, and divorces. limited - Misdemeanors, preliminitry hearings, And jurisdiction ordinance violations. - Juvenile matters. fury trimls-in civil attions. No jury trials in criminal matters.

ItIndicates route of appeal.

330 NORTH CAROLINA

Court of Cast Report 1.4 Justices (7) a. The position of Chief Justice is a separate 1.1 WM% COURT. The Supreme Court is one of office. A candidate must file for and run for the The Chief Justice srves the two branches composing the Appellate Division office of Chief Justice. (made up of the court of last resort and Intermedi- a term of 8 years. ate appellate courts in the state) of theGeneral b. Supreme Court justices must be United States Court of Justice (the court system of North citizens, must have a law degree, must be admitted to the North Carolina Bar, must be atleast 21 Carolina). The sessions Of,the court are held in of the Raleigh unleas otherwise determined by the General years of age and must have been a resident state for at least1 month. Assembly. There are tyo terms of court each year; c. Supreme Court justices are elected to8-year a spring term commencing on thefirst Tuesday in February and a fall term commencing on the first terms by the qualified voters of the state in par- All vacancies are filled by Tuesday in.Septemher. tisan elections. (Constaution, Article 1y, Sections 5, 6(2); gubernatorial appointment effective until the next General 'Statutes (hereinafter Gen. Stat..) general election. Section 7A-5; Rules of Appellate Procedure (Coast., Art. IV, 1,16, 19; Gen. Stets. I7A-10; 4 Administrative Director) 28,(a)(1)) 1.2 Organization. The Supreme Court does not sit 1.5 Administration a. The Supreme Court exercisesadministration in panels. Four just-Ices constitute a quorum. and supervision over the entire court system [Gen. Stets. I7A-10) through the Chef Justice, the Administrative 1.3 Jurisdiction a.'The Supreme Court has jurisdiction to issue Director of the Courts, the chief judge of the prerogative writs, including mandamus, prohibition, Court of Appeals, resident judges of the Superior Court, 8 trial court administrators, and the chief 'certiorari, and supersedeas. Reference Section 5.1 (General b.Thp Supreme Court has jurisdiction to review district judges. administrative authority). The Chief Justice also , on appeal judgment of thi Superior Court that ,includes a sentence of death or life imprisonment, performs specific administrative duties for the unless the judgment was based upon a plea ofguzlty Supreme Court. b. The Administrative Director providesadmin- or nolo contendere. Refer- The court has jurisdiction to review decisions tstrative services for the Supreme Court. administrator). of the Court:of Appeals rendered in cases that ence Section 5.2.h (state-level clerk is directly involve a substantial question arising c. The position of Supreme Court under the Constitution of the United States or of authorized by statute. The clerk is appointed and There are no North Carolina, in which there is a dissent, or serves at the pleasure of the court. whtch involve review of a decision of the North formal provisions for assigning administrative In practice, the clerk super- Carolina Utilities Commission in a general rate- duties to the clerk. vises the docket, the printing office, and his own making case. These appeals from the Court of Ap- peals are as of right. staff. In any caUse in which appeal haa been taken to [Gen. Stars. I7A-11; Administrative Director) The sonstitution proVides that the Court of Appeals (except in a cause appealed 1.6 Rule-making.. from the North Carolina Utilities Commission or the the Supreme Court has exclusive authority to make North Carolina Industrial Commission, or a casein- rules of procedure and practice 'for the Appellate The General Assembly may make rules of volving review of a postconviction proceeding), the Division. and Supreme Court may, in its discretion on motion of procedure and practice for the Superior Court any party to the cause or on its own motion, ter- District Court Divisions; however,, the General Assembly may delegate this authority to the Supreme rify the cause for review by the Supreme Court, either before or after It has been determined by Court. If the legislature toes delegate this alter, amend, or the Court of Appsals. power, the legislature may still The Supreme Court has discretionary review be- repeal any rule of procedure or practice adopted fore determination of the cause by the Court of by the Supreme Court for the Superior Court or Case law on rule-making Appeals when it appears to the Supreme Court that District Court Divisions. indicates that Supreme Court rules are mandatory the subject matter of the appeal has significant Although the Supreme : public interest, when the cause involves legal and are strictly enforced. principles of major significance td the jurispru- Court has general power to supervise and control there dence of the state, when delay in final adjudica- the proceedings of any of the other courts, rules for court tion is likely to result from failure tocertify are no formal provisions regarding and thereby cause substantial harm, or when the administration. workload of the other courts of the Appellate (Const., Art. IV, 113(2); Gen. Stata. I7A-32; Pattern Rules of Court and Code Provision, P. Division is uch that the xpeditious administration of justice requires certification. 3791 [Gen. Stat.. ff7A-27, 7A-30, 7A-31, 7A-321 14's 363 3' Intermediate Appellate Coure b. The Administrative Director provides administrative services for the Court of Appeals. Ref- 2.1 COURT OF APPEALI. The Court of Appeals is one erence $ection 5.2.b (snate-level administrator). of the two branches composing the Appellate Divi- C. A clerk is appointed by the Court of Appeals sion of the General Court of Justice. The court to serve tt its pleasure. The clerk supervises the sits in Raleigh, and at uch other locations as the, docket and his own staff. Supreme Court may designate. The chief judge (Gen. Stets. 117A-16, 7A-19, 7A20, 7A-39.5, schedules ssss ions of the court as required to dis- 7A-39.9; Administrative Director] charge expeditiously the court'a business. 2.6 Rule-makinii. The Supreme Court makes rules of (Const., Art. IV, 15;'Gen.' Stets. 117A-16, procedure and practice for the Court of Appeals. 7A-191 Subject to the approval of the Supreme Court, the: 2.2 Organization Court of Appeals may promulgate,such supplementary The Court of Appeals sits in panels of three rwles as it deems necessary and appropriate for the

judgib each. discharge of the judicial business lawfully as- , (Gen. Stets. 17A-16] signed to it. 2.3 Jurisdiction (Const., Art. IV, 113; Gen. Stets. 17A-16] a.,The Court of Appeals has no original juriz- diction. Couteof General Jurisdiction b. The Court of Appeals has jurisdiction to - issue remedial and prerogative wr,its. The court, 3.'t SUPERIOR COURT. This court"ie also known as pursuant to General Statutes 117A-26, 7A-27, 7A-29, the Superior Court Diision.of the General Court 7A-666, and 7A-725 hears the following appeals: of Justice.. TheCourt is open-at ill times. (1) From final judgments of the Superior (Const:, Art. IV, 112, 9, Gen. Stets. 17A-401 Court, including judgments entered in a postconvic- 3.2 Organtzation, ThelGeneral Aisembly is autho-

"' tion hearing and final judgments entered on review rizedprdi4idtrtthe stiite into 0 convenient number of a decision of an administrative agency. of Su rior Co _judicial districts and-provide (2) From any final judgment of a District for at least one Superior Court judge It each dis- Court in a civil action. trict. The counties of the state are organized (3) From any interldcutory Order or judg- into 4 judicial divisions and 33 judicial dis- ment of a Superior Court or District Court in a tricte. Each district is compoied of from one to civil action or proceeding that: seven counties and has from one to five resident (a) Affects a substantial right; Superior Court judges'as specified by law. The (b) In effect determines /he action and Superior Court sits in the county seat of eich prevents a judgment from which an appeal might be county. taken; The constitution provides that the principle (c) Discontinues the action; or of rotating Superior Court judges among'the various (d) Grants or refuses a new trial. districts of a division is 'a salutary one and shall (4) From any other order or jUdgment of the be observed. Accordingly, Superior Court judges Superior Court from which an appeal is authorized rotate or "ride circuit" from one district to an- by statute. other within their divisions. Each regular judge (5) From judgments in juvenile proceedings. holds court 6 months in his district of rWsidence (6) From a final order or decision'of the and then 6 months in the next district and so qn North Carolina Utilities Commissioner or of the until he has presided for 6 months in eacb district North Carolina Industrial Commissioner. of his division. When he rotates to a district

, (Gen. Stets. 17A-32] that has two or,three resident judges, his rotatiOn 2.4 Judges (12) period in that district is lengthened accordingly,' a. The Chief Justice of the Supreme Court to 12 or 18 months. A regular judge, therefore, designates one of the judges of the Court of AR- spends only 6 months in every 4 1/2 to 5 1/2 years peals to serve at his pleasure as chief judge. holding court in his district of residence% 'piny b. Court of Appeal judges must meet.the sem regular judges thus spend months or years hording quatificatibns as Supreme Court j6Mtices. Refer- court as'far as 200 miles or more away from their l'ence Section 1.4.b. homes, commuting on weekends or, in some instances, c. Court of Appeals judges'are selected in the establishing a second home in the district to which same manner and for the ame term as SupreMe Court temporarily assigned. North Carolina is unique Justices. Reference Section among the states in the extent to which it carries (Gen. Stets. I7A-16; Administrative Director] rotation of the judges of its major trial courts. 2.1,Administration (Const., Art. IV, 119(1), 11; Gen. Stets. a. The chierjudge assign1 members to panels 117A-41, 7A-421 North Carolina's General Court in such'a fashion diet each member sits a substan- of Justice, p. 7) tially equal numher,of times with'eachrother mem-' 3.3'Jurisdiction ber. He presides o0er the panel of which he is a a. The constitution provides that except is member, and designmtes the presiding judges of the otherwise provided by the General Assembly, the other panel(s). The chief-judge also schedules Superior Court has litiginal, general jurisdiction sessio:iof the court as required io discharge ex- throughout the state. In regard to criminal juris- pediti ly the court's business. He recalls any diction, ttle Superior Court has exclAsive original emergency judge who, in his opinion, is competent jurisdiction over all felonies,,and may try misdé- to perform the duties of a judge of tbe Court of meanors in certain situations specified by law. Appeals, to serve temporarily in the place In regard to civil jurisdiction, the Superior of the judge in whose behalf he is recalled. An Court and the District Court have concurrent origi- order of recall may be issued by the Chief Justice nal jurisdiction, except in probate cases. The upon satisfactory medical proof of the facts upon Superior Court has exclusive jurisdibtion in con- which the order of recall must be based. tested ptobate cases. (Probate cases are initially

364

3 '2 heard by the Superior Court clerks, who act as eic c. The clerks are elected to 4-year terms by officio judges of probatt). The Superior Court is the qualified voters oreach county. The clerks "the proper division for the trial of all civil supervise case and fiscal record keeping and their actions in which the amwount in controversy exceeds staff. They serve as ex officio judges of probate $5,000."A judgment,'however, may not be voided in the Superior Court. The clerks appoint the for the sole reason that it was rendez-ed in a court assistants, deputies, and dther employees in their in which the case was improperly initiated. Ac- offices to serve at their pleasure. The clerks of cording to the General Statutes, the Superior Court the Superior Court also serve as clerks of the is also the proper division for such cases involv- District Court. ing injunctions, guardianshrp and trust adMinistra- [Gen. Stets. SS7A-40, 7A-41, 7A-100, 7A7102, tion, remedies of mandamus, eminent domain actions, VA-180, 7A-355, 7A-356; Administrative corporate receiverships, and decisions of adminis- irector] trative agencies. 3.6 Rule-making.. Reference Section 1.6. b. The Superior Court has appellate jurisdic- lor tion over misdemeanors appealed from the District Court of Limited or Special Jurisdiction Court. The court hears criminal appeals trial de noSio from the District Court. 4.1 DISTRICT COURT. This (flirt is also known as [Const., Art. IV, 112(3)% Gen. Stat.. II7A-240, the District CoUrt Diviliorof the General Court 7A-242, 7A-243, 7A-245, 7A-246, 7A-247, 7A-249, of Justice. The court is open at all times. 7A-250; Administrative Director] [Const., Art. IV, 12; Gen. Stets. 117A-130, 3.4 Jud es (66) 7A-1901 a. There are no provisions for a chief judge 4.2 Organization. The General Amsembly is autho- over all the districts of the Superior Court. rized to divide the state into a convenient number There is a senior regular resident judge in each of local court districts, but a District Court must Superior Court jurisdicfion$l area. sit in at least one place in each county. The num- b. Superior Court jidses must meet the same ber and boundaries of the districts are identical qualifications as Supr e Court justices. Refer- to those of the Superior Court. Prior to January ence Section 1.4 T y must also have been res- 1 of each year in which elections for District idents of the gegraphiI jurisdiction they serve Court judges are to be held, the Administrative for at least onmonth. Director may, with the approval of the chief dis- c. Superiorourt jud s are selected in the trict judge, designate one or more judgeships in ) same manner and for the same-yerm as Supreme Court districts having three or more judgeqips as sOe- justices. Refeence Section 1.4.c. The Governor cialized judgeships, naming in each,case the spe- may also appoinI eight special Superior Court cialty. The designation of a specialized judge- judges. ship in no way impairs the right of the chief dis- [Gen. Stats., II7A-41, 7A-45; Administrative trict judge to arrange sessions for the trial of Director] specialized cases and to assign any district judge 3.5 Administration to preside over these seisions. A judge elected a. Whereas there is no proviSion for a chief to a specialized judgeship has the same powers as judge over all the districts of the Superior Court, a regular district judge. The policy of the state there is a senior regular resident judge in each is to encourage specialization in juvenile cases judicial area. Senior regular resident judges and by District Court judges who are qualified by regular resident judges po sssss eqUal judicial training and temperament to be ekfective in relat- jurisdiction, power, authority, and status, but all ing to youth and in the use of appropriate commu- duties placed by the constitution or statutes on nity resources to meet thedr needs. The Adminis- the resident judge of a judicial district, includ- trative Office of the Courts is therefore autho- ing the appointment to and removal from office of rized to encourage judges who hear juvenile cases clerks, magistrates, and other personnel, 'filch are to secure appropriate training whether or not they not related to a case, controvelpy, or judicial were elected to a specialized judgeship. In dis- proceeding and which do not invflve the exerdlpe' tricts where there is a District'Court judge who of judicial power, are diacharged by the senior is certified as qualified to hear juvenile cases, regular resident judge. A senior regular resident the chief district judge assigns such cases to judge in a multi-court district may, however, this judge where practical and feasible. decline to exercise this authority. Upon serving [Const., Art. IV, 110; Gen. Stets. SS7A-130, such a notice to the Administrative Director of the 7A-1471

Courts, this authority is exercised by the regular . 4.3 Jurisdiction resident judge next senior in point of service or a. The,District Cdurt has jurisdiction in age, respectively. felony cases to conduct preliminary hearings. The b. There are no provisions for an administrator court has exclusive,.original jurisdiction for the over all the districts cif the Superior Court. trial of criminal actions, including municipal Experimental administrator positions id Judicial ordinance violations, below the grade of a felony. Districts 10, 22,'and 28 were given permanent sta- In regard to civil jurisdiction, the Superior Court tus effective July 1, 1979.At.the same time, and the District Court have concurrent original state funds were provided for additional adminis- jurisdiction, except in probate cases. The Dis- trators Co be located in districts Seleited by the trict Court is the proper division for the trial Administrative Director. There are currently eight of all civil actions in which the amount in contro- administrators. Thg new law directs the adminis- versy is $5,000 or less. Itis also the proper trators to assist the resident judge in managing division, without regard to the amount in contro- the civil dbcket, to improve juror utilization, and versy, for the trial of domestic re1ations causes to perform other duties assigned by the.senior res- (i.e., annulment, divorce, alimony, child support, ident judge or any judge designated by him. Refer- and child custody). The court also has exclusive, ence Section 5.2.b (state-level administrator). original jurisdictiod over juvenile matters. Mag-

365

%. istrates, who are officers of the District Court, c. The clerks of the Superior Court also serve have specific jurisdiction oyer petty criminal and as clerks of the District Court. Reference Section civil matters within the jurisdiction of the Dis- 3:5.c. trict Court.Reference Section 6.2. [Const., Art. IV, 112; Gen. State. 17A-146, b. The District Cour( has no appellate juris- 7A-180] diction. 4.6 Rule-making. Reference Section 1.6. (Gen. Scats. 117A-240, 7A-242, ,A-243, 7A-272, 7A-2791 State-Level Administration 4.4 Judges (1)6) a. The Chief Justice of the Supreme Courtdes- 5.1 General administrative authority. The Supreme ignates one of the District Court judges from each Court has general power to supervise and control district to serve as chief district judge for a 4- the proceedings of the courts. The Chief Justice year term. works closely with the Administrative Office of the b. District Coilt judges must have been resi- Courts with regard to court administrative matters. dents of the distric in whic they serve for at The Chief Justice, acting in accordance with rules least one month. Sever,th 36 judges are not of the Supreme Court, makes assignments of judges attorneys. of the Supericg- Court and may transfer District c. District Court jud are elected to 4-year Court judges from one district to another for tem- terms by the qualified voter of their respective porary or specialized duty.The Chief Justice may' districts. recall any emergency justice (a retired justice of the Supreme Court or a retired judge of the Court [Const., Art. IV,110,c G . State. 117A-140, 7A-141; Administrative rector] of Appeals) who, in his opinion, is competent to perform the duties of a justice or judge, to serve 4.5 Administration a. The chief districtudges, subject to the temporarily in the place of the justice or judge An order of re- general supervision of thChief Justice of the . in whose behalf he is recalled. Supreme Court, have admi strative supervision and call may be issued by the Chief Justice upon satis- authority over the oper ion of the District Courts factory medical proof (that the judge is temporar- and magistrates in the districts. Their powers ily incapable of performing efficiently the duties and duties include, t are not limited to, the of his office) of the facts upon which the order Whenever it appears to following: of recall must be based. the Chief Justice that there is need for a special (1) A nging schedules and assigning district ju for sessions of District Courts. session of the Superior Court in any county, he may Reference Section 1.5.a. (2) Arranging or supervising the calendar- order such a session. ing of noncriminal matters for trial or hearing. [Const., Art. IV, Ill; Gen. State. 117A-32, 7A-39.1, 7A-39.5, 7A-39.9, 7A-46, 7A-141; North (3) Supervising the clerk of the Superior Court in the discharge of the clerical functions Carolina's System of Crime Prevention and Crim- 6611 of the District Court. inal Justice, Vol. 5.2 Administrative Office of the Courts (4) Assigning matters to magistrates (reference Section 6.2), and prescribing times and a. The constitution provides that the General places at which magistrates will be available for Assembly establish an Administrative Office of the thclierformance of their duties. Courts. b. Administrative Director of the Courts (5) Making arrangements with proper authorities for the drawing of civil court jury panels (1) The position of Administrative Director and determining which sessions of District Court of the Courts is provided for in the General Stat- will be jury sessions. utes. Qualifications are informally estab- (6) Arranging for the reporting of civil (2) cases by court reporters or other authorized means. lished for the position of Administrative Director At present the Administrative (7) Arranging sessions, to the extent prac- of the Courts. ticsble, for the trial of specielized cases, in- Director must po sssss a college degree and a law cluding traffic, domestic relations, and other degree. The Administrative Director is appointed typet of cases, and assigning district judges to by the Chief Justice of the Supreme Court and preside'over these sessions so as to permit max- serves at his pleasure. imum pfacticable specialization by individual (3) The kiministrative Director's duties judges. include the following: (a) Collect and compile statistical (8) Promulgating a schedule of traffic offenses for which magistrates and clerks of court data and other information on the judicial and may accept wratten appearances, waivers oftrial, financial operation of the courts and on the opera- 4nd pleas of guilty, snd establishing a schedule tion of other offices directly related to and serv- of fines therefor. ing the courts. (b) Determine the state of the dockets (9) Assigning magistrates, in an emergency, to temporary duty outside the county of theirresi- and evaluate the practices and procedures of the dence, but within the district. courts, and make recommendations concerning the (10) Designating another district judge of number of judges, district attorneys, and magis- his district to act as acting chief district judge trates required for the efficient administration during the absence or disability of the chief dis4 of justice. 4 (c) Prescribe ueiform administrative trict judge. Subject to the general supervision of the Chief and business methods, syste s, forms, and records Justice, the assignment of district judges within to be used in the offices o the clerks of Superior each local court district is made by the chief Court. distr'ict judge of Ahat district. (a) Prepareafd submit budget estimates b. There are no formal provision, for adminis- of state appropriati s necessary for the mainte- Reference Section nance and operation of the JudicialDepartment, and trators for thE District Courts. 'f 5.2.b (state-level administrator).

366 Figure 2: North Carolina state-level administrativeoffice of the courts, 1980

Director

Assistant Assistant Director for Director Msnagement for Legsl Services .(nformetion Trial Services Services Court Services

Fiscal Juvenile Services Services

Records Research Management Personnel Couneel and Planning

3c-d'J authorize expenditures from funds appropriated for clerks of the Superior Court, appoint magistrates these purposes. to fill the minimum quota established for the (e) Investigate, make recommendations counties of their districts. concerning, and assist in the securing of adequate b. The constitution authorizes the General physical accommodations for the General Court of Assembly to prescribe the jurisdiction and powers Justice. of magistrates. In criminal actions, the magis- (f) Procure, distribute, exchange, trate has-power to accept guilty pleas and enter transfer, and assign such equipment, books, forms, judgments in misdemeanor cases (other than traffic and supplies as are to be acquired with state funds offenses) in which the maximum punishmene cannot for the General Court; of Justice. exceed 30 days of imprisonment or a $50 fine; and (g) Make recommendations for the im- in traffio offenses, to accept written appearances, provement of the Judicial Department. waivers of trial, and pleas of guilty and, in (h) Prepare and submit an annual report accordance with a schedule of offenses and fines on che work of the Judicial Department to the Chief promulgated by the chief district judge, to enter Justice, and transmit a copy to each member of the judgments. The magistrate also has the power to General Assembly. issue arrest warrants valid throughout the state (i) Assist the Chief Justice in per- and search warrants valid throughout the county; . forming/6s duties relating to the transfer of to grant bail before trial for any noncapital Distri&t Court judges for temporary or specialized offense; to hear and enter judgment as the chief duty. judges may direct in all worthless check cases (j) Perform such additional duties and where the amount of the check is $400 or less, exercise such additional powers as may be pre- restitution is made, and the warrant does not scribed by statute or assigned by the Chief charge a fourth or subsequent violation of the Justice. statute. In addition, the Administrative Director super- In civil actions, magistrates may hear small vises and coordinates the operation of the laws and claims actions, which are defined as actions where regulations concerning the assignment of legal the amount in controversy does not exceed $800. counsel for indigent persons; advises and cooper- The plaintiff must request assignment of the small ates with the offices of the public defenders as claim to a magistrate, and at least one of the needed to achieve maximum effectiveness in the dis- defendants must be a resident of the county in rcharge of the defender's responsibilities; collects which the magistrate resides. data on the operation of the assigned counsel and Magistrates are authorized to perform various the public defender systems, and makes such recom- quasi-judicial or administrative functions, such mendations to the General Assembly for improvement as performing marriage ceremonies. These in the operation of these systems as appear to him additional powers are set forth in the-General to be appropriate; and accepts and utilizes federal Statutes. or private funds, as available, to improve defense [Const., Art. IV, 5124(4); Gen. Stets. services for the indigent, Including indigent juve- 517A-171, 7A-210, 7A-211, 7A-273, 7A-292] niles alleged to be delinquent or undisciplined. To facilitate processing of juvenile cases, the Judicial Discipline Administrative Director is further authorized, in any judicial district, with the approval of the 7.1 Judicial Standards Commission. The commission chief District Court judge, to engage the services consists of one Court of Appeals judge, one Supe- of a particular attorney or attorneys 'to provide rior Court judge, and one District Court judge, specialized representation on a full-time or part- each appointed by the Chief Justice of the Supreme time basis. Court; two members of the state bar who have c. Office organization.The Administrative actively practiced law in the courts of the state Office of the Courts consists of 100 people: 46 for at least 10 years, elected by the State Bar professionals (Including the Administrative Direc- Council; and two citizens appointed by the Gover- tor) and 54 clerical personnel. An assistant di- nor who are neither judges, active or retired, new rector is appointed by the Chief Justice and serves members of the state bar. The Court of Appeals at his pleasure. The Administrative Director may judge serves as chairman. appoint such other assistants and employees as are [Gen. State. 57A-375] necessary to enable him to perform the duties of 7.2 Authority and procedure for sanction. Any the office. The staff provides support services citizen of the state may file a written complaint in the following areas: systems analysis, pro- with the commission concerning the qualifications gramming, forms development, field representation, or conduct of any justice or judge of the General and statistics; probation coordination, trial court Court of Justice, and thereupon the commission administration, and records management; accounting, makes such investigation as it deems nece5sar4. budgeting, and purchasing; education and training; The commission may also make an invgstigation on personnel systems; and statistical compilation, its own motioh. The commission i5 authorized to planning, research, evaluation, statistical analy- issue process to compel the attendance of witnesses sis, and legal services. and the production of evidence, to administer [Const., Art. IV, 115; Gen. Stats. 17A-340 to oaths, to punish for contempt, and to prescribe its I7A-346: ttate Court Administrators, p. 82; own rules of procedure. No justice or judge may Administrative Director] be recommended for censure or removal unless he has been given a hearing affording due pYocess of law. Quasi-Judicial Officers All papers filed with and proceedings before the commission are confidential, unless the judge in- 6.1 DISTRICT COURT volved otherwise requests. The recommendations of 6.2 Magistrate the commission to the Suprime Court, and the record a. The senior regular resident Superior Court' filed in support of the recommendations, are not judges, from the nomination* submitted by the confidential. Upon recommendation of the 'commi5-

368 3SC sion, the Supreme Court may censure or remove any sion, the Supreme Court may remove any judge for judge for willful misconduct in office, willful and mental or physical incapacity that is or is likely persistent failure to perform duties, habitual in- to become permanent, interfering with the perform- temperance, conviction of a crime involving moral ance of duties. When the commission recommends turpitude, or conduct prejudicial to the adminis- discipline of a Supreme Court Justice, action is tration of justice that brings the judicial office taken by the Court of Appeals. into disrepute. Upon recommendation of the commis- [Gen. State. WA-376, 7A-3781

369 31/4.,0 -1 i Figure 1: North Dok o court system, 1980

SUPREME COURT 5 justices Jurisdiction Court of - Final appellate lurisdiction in civil last and criminal matters from District Court resort snd County Court with Increased Jurisdiction.

DISTRICT COURT (7) 24 judges

DISTRICT COURT FAMILY COURT JUVENILE COURT Jurisdiction . DIVISION DIVISION All civil JuriedictIon Jurisdiction . Court of actions except Domestic - Exclusive general as otherwise relations, juvenile jurisdiction provided by law. jurisdiction. Felony, misdemeanor.

Appeals de novo. Jury trials.

COUNTY COURT WITH INCREASED JURISDICTION (17) Probate 17 judges Jurisdiction. - Civil sc..iona under $1,000. Small Claim. under $1,000. Criminal jurisdiction in probate, testamentary, and guardimnship matters. - Misdemeanors, preliminary hearings. Appeals de novo Jury trials.

Courts of limited jurisdiction

MUNICIPAL COURT (187) COUNTY COURT (36) COUNTY JUSTICE COURT (36) 190 judges 36 judges 36 judge. Jurisdiction Jurisdiction Jurisdiction - City ordinamca,iolations. Probate, guardimnship, Civil action. under $200, No jury trials. and other testamentary except boundary or title disputes. No Jury trials. - Misdemeanors, preliminary hearings. Jury trials.

116 Indicate, route of appeal.

3..,

370 NORTH DAKOTA

Court of Last Resort 1.5 Administration a. The Chief Justice is the administrative head 1.1 SUPREME COVRT. General terms of the Supreme of the unified judicial system. He exercises ad- Court are held monthly at Bismarck, the state capi- ministration and supervision over the entire court tal, commencing on the first Tuesday of each month system through the State Court Administrator, and with the exception of July and August. Spectal the presiding judges of the District Courts. Ref- terms may be helo atsuch times and places as erence Section 5.1 (General administrative author- desighated, upon 10 days noticr. ity). The Chief Justice has no specifically artic- [North Dakota Century Code (hereinafter ulated administrative duties in regard to the Su- N.D.C.C.) Section 27-02-06] preme Court. 1.2 Organization. A majority of the court is b. Reference Section 5.2 b (state-level admin- necessary to constitute a quorum or to pronounce a istrator). decision. The court may not declare a statute un- c. The clerk is appointed by the justices of constitutional unless at least four justices so Che Supreme Court. He is responsible for the fol- decide. Because a majority of justices must concur lowing administrative duties employs and superin order to pronounce a judgment, the case must be vises deputies, assistants, and statf as necessary, reheard if a majority does not concur. The failure supervises the calendaring and assignment ot eases, to reach a msjority after two rehearings consti- court records, statistical reporting and filing, tutes affirmance of the judgment. and the distribution and publication of opinions IConstitution, Article IV, Section 88; N.D.C.C. of the Supreme Court, and serves as liaison with 127-02-221 the public, members of the bar, and the news media. 1.3 Jurisdiction 1Const., Art. IV, 587, N.D.C.C. 527-03-01; a. The Supreme Court has original jurisdiction Administrative Rule 5--19791 to issue, hear, and determine such original and 1.6 Rule-making. The Supreme Court promulgates remedial writs as may be necessary to exercise its procedural rules, administrative rules, and admin- jurisdictton. The court may exercise original istrative orders for the unified judicial system. jurisdiction only in habeas corpus cases and in The court's administrative policy provides a pro- cases of public concern that affect the sovereign cedure for continuing study and review of rules and rights of the state or its franchises or privi- orders of the Supreme Court, opportunity tor thP leges. expression of views regarding proposed and adopted b. The Supreme Court has appellate jurisdic- rules and orders, and a mechanism for thy amendment tion. The court hears appeals from the District and repeal of existing rules and orders. and County Courts with Increased Jurisdiction. [Rule on Procedural Rules, Administrative Rules Appeals of criminal matters to thelSupreme Court and Administrative Orders of the North Dakota may be taken as a matter of right. Supreme Court) (Const., Art. IV, S86; N.D.C.C. 5527-02--4, 29-28-03, North Dakota Judicial Council Statis- Intermediate Appellate Court tical Compilation and Report p.71 1.4 Justices (5) 2.0 There is no intermediate appellate court in a. The Chief Justice is elected by the justices North Dakota. of the Supreme Court and judges of the District Court to a 5-year term or until his term expires, Court of General Jurisdiction whichever occurs first. The Chief Justice may serve consecutive terms. 3.1 DISTRICT COURT. The presiding judge of each b. Supreme Court justices must be citizens of judicial district may assign terms of court wichin the United States and residents of North Dakota. his judicial district. They must also be learnedin the law. !Administrative Rule 2-1978) c. Supreme Court justices are elected to 10- 3.2 Organizatton. The state is divided into judi- yeti. terms on a nonpartisan statewide ballot. cial districts by order of the Supreme Court. * Vacancies of unexpired terms are filled by guber- Seven districts came into being on July 1, 1979: natorial appointment from a list of candtdates sup- hie northwest, northeast, northeast central, east plied by the Judicial Nominating Committee (refer- central, southeast, south central, and the south- ence Table 12: Characteristics of judicial nomt- west judicial districts. hating commissions), unless the governor calls a In counttes having a population exceeding special election. 10,000, and where a district judge whose chambers (Const., Art. IV, IS91, 93, 97; N.D.C.C. are within the county determines conditions so 127-02-01, Office of the State Court Adminis- warrant, a division of the District Court called trator] the Family Court may be established. The continued

3 371 establishment or termination of the Family Court b. District Court judges must meet the same i by order of the district judge. All district qualifications as Supreme Court justices. Refer- judges within the district are judges of the Family ence Section 1.4.b. Court. The Juvenile Court exists as a specialized c. District Court judges are elected to 6-year division of the District Court, pursuant to the terms on a nonpartisan basis by the voters of their Uniform Juvenile Court Act. respective judicial districts. Vacancies of un- [Const., Art. IV, 493; N.D.C.C. 1127-5.1-02, expired terms are filled by gubernatorial appoint- 27-20-02, 27-20-59; State Court Administrator] ment from a list of candidates supplied by the 3.3 Jurisdiction Judicial Nominating Committee (reference Table 12: a. The District Court has original jurisdiction Characteristics of judicial nominating commissions), in all cases, except as otherwise provided bylaw. unless the Governor calls a special election. The court has authority to issue writs nec sssss y (Const., Art. IV, IS93, 94, 97; NaD.C.C. ii16- forithe proper exercise of its jurisdiction. The 08-01, 16-08-07, 27-05-02, 27-05-03, 27-05-05, District Court has common law jurisdiction and 27-11-01] authority within its respective judicial districts 3.5 Administration for the redress of all wrongs committed against the a. Whereas there is no provision for a chieci....* state affecting persons and property; power to hear judge over all the districts of the District C t, and determine all civil actions and proceedings; there is a presiding judge for each judicial dis- and alf-lhe powers necessary to carry into execu- trict, who is the central administrative figure in tion its judgments, orders, and determinations, the district. He is responsible for assigning subject to reexamination by the Supreme Court. terms of court and assigning cases among the judges Jurisdiction of the Family Court Division is of the district; for convening regular meetings of specialized in order to protect the rights of the judges of the district; and for forwarding children, protect family life and matrimony, and copies of local judicial budgets to the State Court provide the means for the reconciliation of spouses Administrator. He supervises the implementation and the settlement of domestic and family contro- of all local administrative practice and procedure regulations by all judges, clerks, and other versies. 4 The Juvenile Court Division has exclusive orig- officers or employees of the courts. inal jurisdiction in the following proceedings b. There is no provision for an administrator dealing with children nder the age of 18 years and over all the districts of the District Court. not married or under th age of 21 with respect to Reference Section 5.2.b (state-level administra- a delinquent act committewhile under the age of tor). Two judicial districts have created the Two other dis- 18: position of court administrator. (1) Proceedings in wtch a child is alleged tricts have created the position of administrative to be delinquent, unruly, or deprived. assistant to the presiding judge. The administra- (2) Proceedings for the termination of pa- tors serve under the presiding judges and perform rental rights, excelit when part of an adoption nonjudicial administrative duties, including case- proceeding. flow management, jury management, budget prepara- (3) Proceedings in which out-of-state juris- tion, records management, and a liaison function with the public and the bar. diction is conferred. ft 1 (4) Proceedings to obtain consent to mar- c. Each organized county has one clerk of the riage, employment, or enlistment. District Court. The clerk is responsible among (5) Proceedings under the interstate compact other duties for adjourning the court, keeping on juveniles or on placement of children. records, collecting fees, and destroying certain b. The District Court has appellate jurisdic- records. tion over all final judgments of county justices IN.D.C.C. SS11-10-14, 11-17-01, 11-17-03, and Municipal Courts; over all judgments, decrees, 11-17-04, 11-17-08, Administrative Rule 2-1978; and orders of the County Courts; and over deter- State Court Administrator] minations of officers, boards, or tribunals of 3.6 Rule-making.. Reference Section 1.6. lesser jurisdiction in such cases and pursuant to such regulations as may be prescribed by law. The Courts of Limited or Special Jurisdiction District Court also exercises appellate jurisdiction over probate appeals from the County Court 4.1.1 COUNTY COURT. The County Court sits in con- with Increased Jurisdiction. In addition, the tinuous session. court has jurisdiction over appeals from County IN.D.C.C. S27-07-371 Courts and actions by game and fish officials 4.2.1 Organization. There is a County Court in involving the confiscation of materials determined each of the 36 counties in North Dakota. Each to be in excess of $1,000. court has one county judge, whose chambers are located at the county seat. There are no special- (Const., Art. IV, S92, N.D.C.C. 1S27-05-06, . 27.05.1-01, 27-20-03, 30-26-01, 33-11-01, Ized divisions of the court. 33-12-34; Administrative Staffing ImRlications IN.D.C.C. S27-07-14; State Court Administrator] Of COUrf System Unification in North Dakota 4.3.1 Jurisdiction (hereinafter Administrative Staffing) p. 61 a. The County Court has exclusive original 3.4 Judges (24) jurisdiction in probate, guardianship, and testa- a. There is no provision for a chief judge over mentary matters, including estates of decedents all the districts of the District Court. Presiding (which Includes the construction of wills and judges are selected for each district from the dis- determination of heirs and successors of dece- trict judges of each judicial district, by the dents); estates of protected persons; protection Chief Justice with the approval of the Supreme of minors and incapacitated persons in guardianship Court. Presiding judges are retained at the iaatters; and trusts (to the extent necessary for pleasure of the Chief Justice.

372 3:)0 probate and testamentary jurisdiction). The court )N.D.C.C. iS27-08-20, 27-08-21, 27-08-30, also has jurisdiction in the appointment of admin- 27-08-33, 27-08.1-01, 27-08.1-03) istrators and guardians, settlement of the accounts 4.4.2 Judges (17) of executors, administrators, and guardians, and a. The County Court with Increased Jurisdiction the sale of lands by executors, administrators, and does not have separate presiding judges. Reference guardians. The County Courtis not a court of rec- Section 3.5.a. ord and no jury trials are available. b. Judges in the County Court with Increased b. The County Court has no appellate jurisdic- Jurisdiction must be learned in the law. tion. c. Judges in the County Court with Increased )N.D.C.C. IS27-01-01, 27-07-02, 30.14)2-02, Jurisdiction are selected in the same manner and Courts of Limited Jurisdiction, p. 2871 for the same term as County Court judges. Re- 4.4.1 Judges (36) ference Section 4.4.1.c. a. The County Court does not have separate pre- )N.D.C.C. i27-08-08.1) siding judges. Reference Section 3.5.a. 4.5.2 Administration b. Coupt; Court judges must be residents of a. The presiding judge of the judicial district their respective counties. is the central administrative officer in the dis- c. County Court judges are elected to 4-year trict. Reference Section 3.5.a. terms by the voters of their respective counties b. There are no provisions for administrators on a nonpartisan ballot. for the County Court with Increased Jurisdiction. (N.D.C.C. SII-I0-02, Administrative Staffing, Reference Section 5.2.b (state-level administra- State Court Administrator) tor). 4.5.1 Administration c. Clerks of the District Court are also the a. The presiding judge of the judicial district clerks of the County Court with Increased Jurisdic- is the central administrative authority in the tion, except in counties of 25,000 inhahitants or district. Reference Section 3.5.a. more, where the clerk of the County (ourt with In- b. There are no provisions for administrators creased Jurisdiction may be appointed by the county for the County Court. Reference Section 5.2.b judge. The clerk of the County Court with In- (state-level administrator). creased Jurisdiction is responsible for performing c. The clerk of each County Court may be the same duties as the clerk of the District Court. appointed by the judge thereof and serves at his Reference Section 3.5.c. pleasure. The judge is responsible for all the IN.D.C.C. Si27-08-11, 27-08-12, 27-08-13) Reference Section 1.6. The clerk's official acts, and may at all times act as 4.6.2 Rule-makin . his own clerk. The clerk may sign records of the County Court with Increased Jurisdiction must fol- court, certify transcripts and records of the low the rules pf the District Court, with special court, sign and issue subpoenas and citations, and , exceptions. postpone any matter up to 30 days when a judge is IN.D.C.C. §27-08-24) absent. )1i.D.C.C. 527-07-24, 27-07-251 4.1.3 COUNTY JUSTICE COURT. The County Justice 4.6.1 Rule-making. Reference Section 1.6. Court sits in continuous session. IN.D.C.C. §33-01-02) 4.1.2 COUNTY COURT WITH INCREASED JURISDICTION. 4.2.3 Organization. County Justice Courts are Regular terms of court are held at the county seat located in 36 counties. Each county )ustice may commencing the first Tuesday of each month. Jury keep his office and hold court at a place selected terms are held when a defendant is confined in jail by the justice, provided it is within the county. and demands a trial or if five or more civil cases County Justices, when hearing small claims cases are pending when a jury trial is demanded. (under $500), are referred to as Small (laims IN.D.C.C. S27-08-22I Court. 4.2.2 Organization. A County Court with Increased (N.D.C.C. iS27-08.1-01, 33-01-01, State Court Jurisdiction is established by vote of the electors Administrator) in counties of over 2,000 inhabitants. There are 4.3.3 Jurisdiction currently 17 counties with a County Court with a. The County Justice Court has criminal juris- Increased Jurisdiction. When judges of this court diction in misdemeanor violations of state law that are hearing small claims cases, the court isrefer- are committed within the county. Justices may con- red to as the Small Claims Court. duct preliminary hearings, issue search and arrest The court has IN.D.C.C. §27-08-01, 27-08.1-011 warrants, and set and accept bail. 4.3.2 Jurisdict on concurrent original jurisdiction with the District a. The Count Court with Increased Jurisdic- Court in civil cases where the amount in contro- In no case do these tion,in additi n to its prior jurisdiction as a versy is less than $200. County Court a s concurrent jurisdiction with the courts have jurisdiction when the boundaries of or District Court in-all criminal actions below the title to real estate comes in question. Subject grade of felony and in all civil actions where the to these limitations, the jurisdiction extends to demand does not exceed $1,000. In addition, judges actions for the recovery of money (the counterclaim may issue warrants and set bail, and act ascommit- is deemed a separate and distinct action), actions to recover possession of personal property, actions ting magistrates. The Small Claims Court judges exercise ju- to foreclose a lien upon chattels or trespassing rAsdiction in cases involving $1,000 or less in animals; actions for forcible detainer of real which actions are informal and no jury trials are property, and entries of judgment by confession. b. The County Justice Court has no appellate available. b. The County Court with Increased Jurisdiction jurisdiction. has concurregt appellate jurisdiction with the Dis- IN.D.C.C. 5533-01-04, 33-01-08J trict Court from final judgments of the Municipal 4.4.3 Judgits (36) a. The County Justice Court does not have Court.

373 3 91 separate presiding judges. Reference Section b. There are no provisions for administrators 3.5.a. for the Municipal Court. Reference Section 5.2.b b. County justices must be licensed to practice (state-level administrator). law)lin North Dakota, but need not be voters of the c. There are no provisions for clerks for the coun ies for which they re elected or appointed. Municipal Court. c. County justices re elected at the county 4.6.4 Rule-making. The Municipal Court has no elections, nr if the ositions are not filled by rule-making power. Reference Section 1.6. election, the justic will be appointed by the [Office of State Court Administrator) Board of County Commissioners for their respective counties. If a qualified person cannot be found State-Level Administration or if no person will accept the position of county justice, the Board of County Commissioners may sub- 5.1 General administrative authority. The Chief mit three, names of qualified voters of the county, Justice is the administrative head of the unified of which'not more than two may be appointed to 4- judicial system. He may assign judges, including year terms by the senior district judge. retired judges, for temporary duty in any court. IN.D.C.C. SS27-18-01, 27-18-02, 27-18-06I He also is responsible for appointing the State 4.5.3 Administration Court Administrator and serving as Chairman of the a. The presiding judge of the judicial district Judicial Council (reference Table 29 Judicial is the central administrative officer in the dis- councils and conferences). Reference Section trict. Reference Section 3.5.a. 1.5.a. b. There are no provisions for administrators IConst., Art. IV, S87, N.D.C.C. S27-15-03) for the County Justice Court. Reference Section 5.2 Office of State Court Administrator 5.2.b (state-level administrator). a. There is no specific authorization for the c. A county justice acts as his own clerk. adminilwative office. IN.D.C.C. S33-01-021 b. State Court Administrator 4.6.3 Rule-making. Pursuant to the powers of the (1) The position of State Court Administra- county justice, provisions of N.D.C.C. Title 28 tor is authorized by the state constitution. (Judicial Procedure, Civil), Title 31 (Judicial (2) The State Court Administrator's qualifi- Proof), Title 32 (Judicial Remedies), and the North cations are established by the Supreme Court. He Dakota Rules of Civil Procedure govern the proceed- must have a college degree, and prior experience ings of the County Justice Court. or special training in law and court services. The IN.D.C.C. S33-01-101 State Court Administrator is appointed by the Chief Justice. 4.1.4 MUNICIPAL COURT. The Municipal Court is open (3) The State Court Administrator prepares every day except Sundays to hear and determine the state budget, performs a liaison and spokesman CASeS. function, supervises management information sys-

IN.D.C.C. S40-18-05) frrnt s, conducts research and provides assistance to 4.2.4 Orsanization. There are approximately 187 t e courts, disseminates information on the opera- Municipal Courts in North Dakota. There are no tion of the court system, and serves as Executive specialized divisions of the court. Secretary of the Judicial Council. (Annual Report 1977,p. 34) c. Office organization. The staff of the State 4.3.4 Jurisdiction Court Administrator consists of nine people: four a. The Municipal Court has exclusive original professionals and five clerical personnel. There jurisdiction to hear, try, and determine all offen- are internal divisions of continuing education, ses against the ordinances of the city. statistics, and planning. Support services are b. The Municipal Court has no appellate juris- provided in the following areas. systems analysis, diction. payroll and accounting, education, and planning and IN.D.C.C. S40-18-01) research. 4.4.4 Judges (190) IConst., Art. IV, S87, Administrative Rule a. The kunicipal Court does not have separate 1-1978, Administrative Staffing, p.18, State presiding judges. Reference Section 3.5.a. Court Administrators, pp. 84-85, State Court b. Municiparl Court judges must be qualified Administrator) voters of their municipalities and must have been residents thereof for at least 9 months preceeding Quasi-Judicial Officers the election. In cities with a population of 3,000 or more, the judge must be an attorney,unless no 6.1.1 DISTRICT COURT attorney is available. In cities with a population 6.2.1 Juvenile supervisor of less than 3,000, the judge need not be an attor- a. Juvenile supervisors are appointed by the ney, nor is he required to be a resident of the juvenile district judge. In practice, they are city. expected to have a college degree. c. Municipal Court judges are elected. Judges b. Juvenile supervisors may be responsible for elected in commission cities (those governed by a making investigations, reports, and recommendations Board of City Commissioners) and judges elected in to the Juvenile Court; referring children to council cities (those governed by a City Council) agencies, supervising children on probation, and serve 4-year terms. making temporary orders not to exceed 30 days for IN.D.C.C. SS40-13-01, 40-14-01, 40-14-02, the custody and control of a deprived child. In 40-15-01, 40-15-02, 40-18101) addition, juvenile supervisors may be authorized 4.5.4 Administration by the juvenile judge to conduct hearings on do- a. The presiding judge of the judicialdistrict mesttc relations matters. They may not be autho- is the central administrative officer in the dis- rized, however, to preside over a proceeding for trict. Reference Section 3.5.a. divorce, separation, or annulment of a marriage. IN.D.C.C. SS27-05-29, 27-20-05, 27-20-06)

374 Figure 2:North Dokota state-level odministrotive office of the courts, 1980

State COu r t Adainisireinr

\ rL 111 _1_ _l_____ Finance Juvenile tducation Planning Inforaation and Service. and end System ludaei Coordinator Training eeeee rkh

V l, -Pk

375 6.1.2 DISTRICT COURT Judicial Discipline 6.2.2 Referee a. Referees are appointed by the juvenile dis- 7.1 Commission on Judicial Qualifications. Members one judge of the Dis- trict judge. They must be members of the state of the commission include bar. trict Court, appointed by the District Judges b. Referees may conduct hearings on any case Association, one judge of the County Court with in the first instance, preside at Juvenile Court Increased Jurisdiction, appointed by the County hearings, report findings and recommendations, and Judges with Increased Jurisdiction Association, determine if an act of delinquency has been commit- one lawyer, appointed by the Executive Committee ted. Unless a review is ordered, upon the signa- of the State Bar Association, and four lay ture of the judge the findngs and recommendations citizens, appointed by the Governor. of the referee become the findings and order of the (N.D.C.C. 127-23-021 The com- court. 7.2 Authority and procedure for sanction. (N.D.C.C. i27-20-07( mission:is empowered to investigate complaints against all justices and judges and Small Claims 6.1.3 COUNTY COURT WITH INCREASED JURISDICTION Court referees in the state. It conducts hearings 6.2.3 Referee concerning the discipline, removal, or retirement a. The county judges with Increased jurisdic- of any judge. After conducting its investigation, tion may appoint referees. A referee must be "a the commission presents its' recommendation to the person versed in the law." Supreme Court, which may retire a judge for dis- b. Duties and powets of referees are limited ability, or censure or remove a judge for willful to the Small Claims Court. They have the same misconduct, willful failure to perform, willful duties as County Court judges with Increased Juris- violation of the code of judicial conduct, or ha- diction with regard to small claims. bitual Intemperance. (N.O.C.C. S27-08.1-08, North Dakota Civil Pro- 1N.D.C.C. 427-23-031 cedures, Rule S31

/PI

410

')r) A 0 " -1

376 OHIO

Court of Last Resort 1.5 Administration a. The Supreme Court, through the Chief Jus- 1.1 SUPREME COURT. The'court meets for its regular tice, has general superintending power over all term at Columbus beginning in January of each year. courts. The Chief Justice exercises adginistration It may hold special or adjourned sessions as a and supervision over the entire court system majority of the justices determine. through the Administrative Director of the Courts, [Ohio Revised Code (hereinafter O.R.C.) court administrators, presiding judges, administra- Sections 2503.33, 2503.341 tive judges, and administrative assistants. Ref- 1.2 Organization. The Supreme Court does not sit erence Section 5.1 (General administrative author- in panels or divisions. ity). The Chief Justice has no specifically ar- 1.3 Jurisdiction ticulated duties in regard to the administration a. The Supreme Court has original jurisdiction of the Supreme Court. in quo warranto, mandamus, habeas corpus, prohibi- b. Reference Section 5.2.b (state-level admin- tion, procedendo, and in any cause on review as may istrator). be necessary to its complete determination. It c. The position of Supreme Court clerk is also has original jurisdiction in all matters authorized by statute and filled by Supreme Court relating to the practice of law. It has exclusive appointment. The clerk performs numerous adminis- jurisdiction in all cases challenging the adoption trative duties, including those relating to the or submission of a proposed constitutional amend- examination and registration of attorneys in Ohio; ment to the voters. filing and docketing all cases; scheduling oral b. The Supreme Court has jurisdiction over arguments; issuing all notices and orders; and appeals from Court of Appeals decisions in the fol- serving as Secretary of the Board of Bar Examiners lowing: and the Board of Commissioners on Character and (1) Cases of felony on leave first obtained. Fitness. The clerk also has supervisory control (2) Cases where conflicting decisions have over the office and facilities. been rendered by different divisions of the Court [0.R.C. 52503.05; Administrative Director of of Appeals. the Courts] (3) CA blic or great general inter- 1.6 Rule-making.. The Supreme Court is constitu- est. tionally empowered to promulgate.rules governing (4)" ight appeals In'tases origi- practice and procedures in all courts of the stet.. nating in wells or involving the Such rules become effective unless the General As- death pen itutional question. sembly adopts a concurrent resolution of disap- The c evisory jurisdiction over proval. Rules have been promulgated 'by the court the procee nistra-tivte officers or governing the following procedures: criminal, agencies as provided b law. civ1,4, juvenile, appellate, and claims against the [Constitution, Article IV, Section 2; ConstA, state. In accordance with'statutory provisions, Art. XVI, Sl] the court has also promulgated traffic rules. The 1.4 Justices (7) court has general superintending power over all a. The Chief Justice is elected to,a 6-year courts. Administrative policies for the court it- term by the voters in a statewide non-partisan self are prescribed by the court through the Admin- election. istrative Director. b. Supreme Court justices must be members of [Const., Art. IV, 55; O.R.C. SS2935.17, the state bar and must have engaged in the practice 2937.46] of law in Ohio and/or served as a judge,of a court of record in any other state for at least 6 years Intermediate Appellate Court Prior to election or appointment. No person may be elected or appointed to judicial office if he 2.1 COURT OF APPEALS. A Court of Appeals with a has attained 70 years of age. minimum of three judges sits in each district. The c. Supreme Court justices are eaected by the Court of Appeals has no terms4of court. Court is voters of the state at large. Their names appear held where and when necessity dictates. on nonpartisan ballots. The,legislature has set [Const., Art. IV, S3; O.R.C. S2501.04] the term at the consfitAtonafiy prescribed minimum 2.4 Organization. The state is divided by law into of 6 years. Vacancies are filled by the Governor. 11 appellate districts, comprising from 1 to 16 If the unexpired term is for more than 1 year, the counties .each. Cases are heard by panels of three position is subject to election at the first gen- judges. Three districts have more than three eral election occurring more than 40 days after the judges. Decisions are by majority vote, except vacancy. thai all three judges must concur if a judgment [Const., Art. IV, SS6, 13; O.R.C. SS2503.0l, resulting from, a trial by jury is to be reversed 2503,02, 2503.03, 3505.041 on the weight of the evidence.

377 3"CI ogr AFigure 1:Ohio court system, 1980 \\*

SUPIFNI COURTd 7 justices "Jurisdiction: - Original jurisdiction in all matter. rfast - ins to the practice of law. Exclusive jurisdiction in all cases challenging the proposed con- Court of ' sdoption or submissiom of stitutional anandeant to the voters. last Matters dealing with constitutional quad- resort tions and questions of general or public interest. $ - Final appillate juriedictiontver all hyena courts. Appeals from the Board of Tax Appaels and the Public Utilities Commission. 9

COURT OF APPEALS (11) 44 Judges C, Intermediate Jurisdiction: - General appellate review of judgments from d appellate lower courts of record. court - Appeals from Roard of Tax Appeals.

A COURT OF COMM PLIAS (88) 313 judges . - GENERAL DIVISION PROBATE DIVISION D(3EST1C RELATIONS Jurisdiction: Jurisdiction. DIVISION - Civil actions over 3500. - Exclusive juriadic- Jurisdiction. Co.prt of general - Exclusive jurisdiction tlon In probate Divorce, dissolu- jurisdiction over felony, most matters . tIon, annulment, serious criminal matters. alimony, and . paternity.

JUVENILE DIVISION Jurisdiction: - Exclusive jurisdiction in Juvenile matters.

Jury trial.. 4 1111. - MUNICIPAL COliRT (110) # COUNTY COURT (58) #IP9 part-time judges 189 judges . Jurisdiction. Juriddiction - Civil actions under SI0,000, exclusive Civil actions under $3,000, exclusive jurisdiction over forcible entry and jurisdiction over forcible entry and detainer, and mall flaims matters detainer, and small claims matters under 3300. under $500. Misdemeanors, municipal ordinance vio- Misdemeanors and preliminary lations, and preliminary hearings. hearings. Traffic matters. IP Traffic matters. Appeals are trial de novo. Appeals are trial de novo from Gifrts of Jury trials. ODurt. Jury trials. limited Juriadiction

COURT OF rums KATOI'4 COUIT ( 700) Judges of the Supra". Court, Court of Jurisdiction: Poppeals, or Court of Common Pleas sit - Minor criminal matters. on temporary assignment. - Traffic matters. Jurisdiction: No jury trials. b. - Inclusive jurisdiction in civil Not court of record. actions against Ch. irate anebver claims removed from other courts to the Cgurt of Claims. - Jurisdiction over "vitt*. of crimes" compensation cases. .1/4 Jury trial except in claims against the state. 4111444%

It Indicates rout, of appeal.

378 - e (Const., Art..IV, S,3; 0.R.C. SS2501401, (Const., Art. IV, S5; O.R.C. SS2303.01, 2501.012, 2501.01V 2303.03, 2501.08, 2501.16, 2501.17; Assistant 2:3 Jurisdiction Administrative Director of the Ohio Courts) a. The CourtkolkAppeali has orieinal juriedic- 2.6 Rule-making. Rules of.appellate procedure have .tion in quo.varraill6, aandimus, habeas corpus, pro been promulgated by the Supreme Court. The Court

hibition, procedendo, and in any cause on review 'e of Appeals in each district is statutorily autho- as may be necessary to its complete determination. rized to adopt local rules of practice, provided b. The Court of Appeals has jurisdiction to, that they are consistent with the Supreme Court review any judgment or final order of any court of rules.,Copies of such local rules must be filed eeneral or liaited jurisdiction court of record in with the Supreme Court. its district _on questions of law. In certain [Appellate Rules 31] classes of actions specified in the Code, it may weigh the evidence and render judgment upon ques-, Court of General Jurisdiction titans of law and fact. The court say also review. f nal orders or actions of administrative officers 3.1 COURT OF CO1MON PLEAS. The court's term is 1 ncies. calendar year. [Const., Art. IV, S3; O.R.C. S2501.021 (0.R.C. S2301.05] 2.4 Judge. (44) 3.2 Organization.There is e Codrt of Common Pleas a. The chief justice over all the Courts of in each of thd state's 88 counties, although Appeals ie selected by peer vote for a 1-year term. euthority exists to create districts oflmore than" Each court district has a presiding judge. The one county. The court normally sits at the county position is filled by the judge not serving pur- seat. Each Court of Common 'Pleas may have the suant to appointment whose term of office next following four divisions or eny combination there- ,expires unless, in districts composed of more than of: General, Domestic Relations, Probate, and Ju- .three judges, the'court adopts-local rules provid- venile. ing for some other method of selection. Each dis- (Const., Art. IV, S4; O.R.C. SS2101.01, trict may also designate an adminietrative judge 215147, 2301.03; Administrative Director of in addifion to the presiding judge. the Courts] S, b. Court of Appeals judges must be members of 3.3 Jurisdiction the state bar and'must have engaged in the practice a. The General Division has criminal jurisdic- of law in Ohio ahd/or served'as a judge of a court tion over all crimes and offenses except misdemean- of,record in any other state for at least 6 years or offenses where exclusive jurisdiction has been prior to election or appointment. granted to a court of limited jurisdiction. Its C. Court of Appeals judges are elected by the civil jurisdiction extends to all cases where the voters of their reppettive appellate districts. amount in controversy exceeds $500. Their names appear on nonpartisan ballots. The The Probate Division has exclusive jurisdic- legielaturehas set the term at the constitution- tion over probate matters; the Domestic Relation; ally prescribed minimum of 6 years. Vacancies are Division hears divorce, dissolution, annulment, filled by the Governor. eaimony, and in some locations, paternity case.. (Const., Art. IV) SS6, 13; O.R.C. SS2501.02, Exclusive jurisdiction in juvenile matters is held 2501.03, 2501.06, 2503.01; 3505.04; by the Juvenile Division. Administrative Director of the Courts] Slight variations in jurisdiction of the 2.5 Administration divisions exist since they are created in each a. The chief justice has no formal administra- separate court location by separate statute. tive responsibilities. The presiding judge of a A b. The Court of Common Pleas has appellate Court of Appeals district can request the Chief jurisdiction over controversies involving decisions Justice of the Supreme Court to assign additional of the boards of county commissioners. judges to the district, if the caseload requires. (0.R.C. SS2101.24, 2151.23, 2305.01, 2931.03] After the judges of the dietrict fix the salary of 3.4"Judges (313) the horthand reporter, the presiding judge certi- a. There is no provision for a chief judge over fies that salary to the state treasurer.. Districts all the counties of the Court of Common Pleas. The of the Court of Appeals may prescribe local admin- presiding judge of each Court of Common Pleas is istrative proceduree,subject to the general super- selected by and serves at the pleasure of his intending power of the chief justice. peers. The judges of each multi-judge division of b. The position of administrator is not autho= the qourt select an administrative judge by peer rized by the statutes or court rules. Nine courts vote, who serves a 1-year term. have established the position by administrative b. Court of Common Pleas judges must be members order. Reference Section 5.2.b (state-level of the state bar and must have engaged in the prac- administrator). tice of law in Ohio and/or must have served as a c. In most districts, Oke clerk of the Court judge of a,court of record in any other state for of Common Pleat in each county also serves as the at least 6 years prior to election or appointment. clerk of the Court of Appeals. The Couri of Common They must also be residents of the county. Pleas clerk is elected every 4 years by the voters C. Court of Common Pleas judges are elected by of the county. Recent legislation permits the the voters of the county by means of a nonpartisan judges of a Court of Appeals district consisting ballot. Judges serve the constitutionally pre- of a single county and having eight or more judges scribed 6-year minimum term. Vacanciee are filled to appoint their own clerk and deputy clerks, aè by the Governor. necessary.The clerk is responsible for filing and (Const., Art. IV, SS4, 6, 13; O.R.C.§250301a "IN docketing cases, scheduling oral arguments, issuing 3505.04; Rules of Superintendence (hereinaftelr notices and orders, and supervising the office and Sup. R.) 31 facilities.

379 3.5 Administration or no contest is entered;initial-appearance in a. Whereas there is no chief judge over all the criminal cases in which an immediate trial is con- Courts of Common Pleas, the presiding judge of each ducted upon initial appearance; civil cases in court calls meetings of the judges for the purpose which a motion for default judgment is made; small of discussing and resolving administrative problems claims cases; and forcible entry,and detainer cases common to all divisions of the court-At least one inwhich the right to trial by jury is waived. All such meeting Is held each term. The presiding other caeles are assigned by lot to a judge, who is judge chairs such meetings and also assigns judges responsible for the determination of every issue between divisions as business requires. The pre- and proceeding in the case until its termination. e siding judge may alsolterve as the administrative The administrative judge equally apportions judge of a particular division of the court. particular session assignments among all judges. ' The administrative judge is the presiding Judges cannot be assigned to a particular sdssion officer of his division'and has full responsibility for more than two consecutive weeks. for and control over the administratiqn, docket, [Rulee of Superintendence for Municipal and and calendar of the division. He assigns cases and County Courts (hereinafter M.C. Silp. R.) 3] reqUires reports from the judges on the statue of 4.3.1 Jurisdiction their cases. He also maintains records indicating a. The Municipal Court as criminal jurisdic- the number of cases eaclattorney is to try.Work tion over all ordinance violations and misdemean- reports required of each judge by the Supreme Court ors. It Conducts preliminary hearings in felody are submitted through the administrative judge. cases. Its civil jurisdiction extends to all cases In that regard, he is responsible for formulating involving an amount of $10,000 or less. The accounting and auditing systems within the division court's jurisdiction also includes the following and the office of the clerk, to ensure the accuracy actions: interpleader, replevin, and forcible of all reports. enEry and detainer.f"Ie Small Claims Division of b. There is no provision foF'an administrator the court has jurisdiction in cases involving $300 over All the Courts of Common Pleas. Statutes al- or less. Additional specific civil jurisdiction low for the appointment of an administrative as- has been graUted to the Municipal Court of Cleve- sistant, however, in those courts serving over land by statute. 300,000 people. As of the last federal census; b. The Nunicipal Court hears appeals from there were eight such counties in Ohio, and adhin- decision bf Mayor's Courts within its jurisdiction. istrative assistants have been appointed in each An appeal from a Mayor's Court shall proceed as a of these counties. trial de novo. c. Court of Common Pleas clerks are Statutory [0.R.C. SO9Q1.17, 1901.18, 1901.20, 1905.22, officers elected to 4-year terms by the voters of 1905.25, 1925.01, 1925.02] the counties. In most cases, they also serve as 4.4.1 Judges (189) clerks of the Court of Appeals. The clerks are a. Unless otherwise prescribed by statute,each responsible for filing and docketing cases, court has one judge for hny portion of the first scheduling oral arguments, issuing notices and 100,000 inhabitants and one additional judge for orders, and supervising the office and facilities. each additional 70,000 inhabitants or portion [0.R.C. SS2301.12, 2303.01, 2303.03; Sup. R. thereof. Selection of administrative judges is by 2./, 5; Assistant Administrative Director of peer vote. the Ohio Courts] b. Munitipal Court judges must be members of 3.6 Rule-makinK. The Supreme Court's rules of the state bar and must have engaged in the practigle criminal, civil, traffic, and juvenile procedures of ltaw in Ohio )uld/or must have served as judge of apply to the Court of Common Pleas. Local court a court of record in any other state for at least rules that are consistent with the Supreme Court 6 years prior to election or appointment. They rules are permitted. They must be filed with the must also be residents of the jurisdictional terri- Supreme Court. The Rules of Superintendence of the tory of the court. Supreme Court govern administrative matters In the c. Municipal Court judges are elected bythe Court of Common Pleas. voters of the "territory" of the court. Their [Const., Art. IV, S5; Criminal Rules 57; Civil names appear on nonpartisan ballots unless the Theeterm of Rules 83] municipal charter states otherwise. office is 6 years. Vacancies Ire filled by the Courts of Limited or Special Jurisdiction Governor. [0.R.C. SS1901.05, 1901.07, 1903.]0, 03.01; .4, 4.1.1 MUNICIPAL COURT. There is no statutory M.C. Sup. R. 2; 107.08] authorization for terms of the Municipal Court. 4.5.1 Administration [0.R.C. S1901.29] a. The administrative judges of multi-judge 4.2.1 Organization. Those municipal corporations Municipal and County Courts are responsible to the having a Municipal Court are specified in Section Chief Justice of the Supreme Court in the discharge of their duties. Their duties are similar to those . 1901.01 of the Revised Code. Each court's territorial jurisdiction is specified In Section 1901.02 of the Common Pleas administrative judges. Refer- ., of the Revised Code. Jurisdiction of the Municipal ence Section 3.5.a. They also meet monthly with Court may be limited to the city limits Or it may the court clerk to discuss the implementation of encompass several municipalities/townships or the the rules of superintendence and perform other entire county. The assignment of cases in multi- duties assigned by the Chief Justice. 4vjudge Municipal Courts is governed by Rule 3 of the b. Statutes and rules do nott provide for an Rules of Superintendence for Municipal and County administrator position. Its establishment is at Reference Courts. Cases Ire assigned to a particular ses- the discretion of the individuat court. sion or a particular judge. The following faubject Section 5.2.b (state-level administrator). categories most be disposed of by a particular c. The clerk of the Courtdof Common Pleas may session: criminal cases in which a plea pf guilty also serve as the clerk of the,Mun\cipal Court and/ or County Court. In other Municipal Courts, the

380

1/4) clerk is either sppointed or lected in accordance [0.R.C. S1907.10.1; Office of the Administra- with a ststutory population formula. The clerk is tive Director of the Courts] responsible for filing snd docketing cases, sched- 4.6.2 Rule-making. Procedural rulesKil'ave been uling oral arguments, issuing notices and orders, promulgated by the Supreme Court. Local rules and supervising the office snd facilities. consistent with those of the Supreme Court pay be [0.R.C. S1901.31; M.C. Sup. R. 2] adopted. 4.6.1 Rule-making. Procedural rules have been [Const., Art. IV, S5] promulgated by the Supreme Court. Local rules consistent with those of the Supreme Court may be 4.1.3 MAYOR'S COURT. There is no statutory

adopted. , authorization for terms of the Mayor's Court. [Const., Art. IV, S5] [9ance of the Administrative Director of the Courts] 4.1.2 COUNTY COURT. There ls no statutoryeutho- 4.2.3 Orgrnization. The geographic jurisdiction rization for terms of the County Court. orthe Mayor's Court extends to the municipal [Office of the Administrative Director of the boundarits. There are no specialized divisions of Courts] the court. 4.2.2 Organization. A County Court exeirises [0.R.C. S1905.01f jurisdiction in those portions of a couflty not 4.3.3 Jurisdiction within the jurisdiction of a Municipal Court. If 'a. Mayors of municipalities not having an the court has more than one judge, the exclusive established Municipal Court have concurrent juris- geographical'jurisdiction of each judge is deter- diction with the limited jurisdiction court of mined by the Court of Common Pleas. The Codit of record serving the municipality to hear and deter- Common Pleas may assign more than one judge to a mine cases involVing ordinance and traffic viola- specific jurisdictional area, however, if tht tions. particular County Court has jurisdiction over a b. The Mayor's Court has no appellate juris- population in excess of 120,000. The assignment diction. of cases in multi-judge County Courts is governed [0.R.C. SS1905.01, 1907.03.1; Office of the by Rule 3 of the Rules of Superintendence for Administrative Director of the Courts] Municipal and County gourts. Reference Section 4.4.3 Judges (690). The posItIon of judge in the 4.2.1. Mayor's Court is held by the mayor la. virtue of [0.R.C. SS1907.01.1, 1907.07.1] his office. Matters such as his qualifications, 4.3.2 Jurisdiction method of selection, term, etc., relate to hie a. The County Court has criminal jurisdiction position as mayor rather than specifi Ily to hi over all traffic violations and all misdemeanors. judiciairduties. Most of these matterare dete It has civil jurisdiction in controversies4invol- mined locally by charter or ordinanc Because there is only one judge per court, thr&Ire no , ving $3,000 or less (exclusive jurisdiction if the amountPis under $500). The court's Small Claims provisions for presiding judges for the Ma or's Division handles cases involving $500 or less. Courts. b. The County Court hears appeals from deci- [Office of the Administrative Director of the sions of Mayor's Courts within its jurisdiCtion. Courts] An appeal from a Mayor's Court shall proceed as a 4.5.3 Administration a. The mayors maintain their docket and files trial de novo. [0.R.C. SS1905.22, 1905.25, 1907.01.2, 1909.04, in accordance with the same laws as apply to the 1925.02] County Court. 4.4.2 Judges (59 part-time). Each couri has one b. There are no provisions for administrators judge for any portion of the first 30,000 inhabit- for thelOayor's Court. Reference 5.2.b (state- ants of the district. Additional judges are added level easinistrator). by statutory formula using population increments c. There are no provisions for clerks for the of 30,000. Mayor's Court. e. There are no provisions for presiding [0.R.C. S1905.01] The mayors' authority to up- judges. 4.6,3 Rule-makink. b. CountyCourt judges must be members of the plement Supreme Court procedural rules is similar state bar, and must have practiced law in the state to that of County Court judges. for st least 2 years prior to election or appoint- [0.R.C. S1905.28] ment. They must also be qualified voters and residents of the County Court districts. 4.1.4 COURT OF CLAIMS. There is no statutory , c. County Court judges are elected to 6-year authorization for terms of the Court of Claims. terms by the voters of the County Court districts [Office of the Administrative Director of the on nonpartisan ballots. Courts] [0.R.C. SS1907.04.1, 1907.05.1, 3505.04] 4.2.4 Organization. The Court of Claims has state- 4.5.2 Administrstion wide jurisdiction. The court sits in Franklin a. Reference Sections 3.5.a and 4.5.1.s. County (Columbus); however, the Chief Justice of b. Reference Seetions 4.5.1.b and 5.2.b (state- the Supreme Court can direct it to hold court in There are no divisions level administrator). any county, if required. c. The clerk of the Court of Common Pleas may of the court.Actions are normally heard and also serve as the clerk of the County Court. In decided by a single judge; howevA, a request can addition to the Court of Common Pleas clerk, some be made to the Chief Justice to appoirit a panel of county Boards of Commissioners may appoint clerks three judges. Some cases are heard and decided by An for each County Court judge. Such appointments are court commissioners (reference Section 6.2.4). subject to the coneUrrence of the individual judge. appeal from a decision of a Court of Claims commis- The clerks are responsible for filing and docketing sioner is heard and determined by a single judge. cises, scheduling oral srguments, issuing notices [0.R.C. S2743.03] and orders, and supervising the office snd facilities. 381 399 -\4.3.4 Jurisdiction Administrative Director be an attorneyt The Admin- a. The Court of Claims has exclusive original istrative Director is ftpointed by and serves at jurisdiction over all claims against the state, the pleasure of the Supreme Court. which are permitted under statutory provisions. (3) The Administrative Director is respon- The court has full equity powers in all actions sible for examining the dockets of all courts in within its jurisdiction and-it can entertain and the state except the Mayor's Court and determining petermine all counter claims, cross-claims, and the need for assistance; collecting and compiling third party claims. As of December 28, 1976, the judicial statistics and reporting the same to the court was given jurisdiction over "victims of judiciary and legislature; making recommendations crimes" compensation claims. to the Chief Justice relating to the assignment of b. The Court of Claims hire no appellate juris- judges; and assisting in the development of pro- diction. grams designed for the improvement of the judicial [0.R.C. S2743.02] system. The state-funded portion Of the judicial 4.4.4 Judges. Judgeships on the Court of Claims budget is prepared by the Administrative Director are filled by temporary assignment by the Chief and his staff. He also serves as tfle secretary of Justice of the Supreme Court. Active and retired the judicial disciplinary commissions. judges of the Supreme Court, the Court of Appeals, c. Office organization. Staff divisions are and the Court of Common Pleas are eligible for as follows: Administrative Director, assistant these temporary assignments. administrative director, judicial statistics, and [0.R.C. SS2743.03, 2743.041 fiscal officer. The Office of the Administrative 4.5.4 'Administration Director of the Courts consists of 10 people:.6 a. Statutes Wand rules do not provide for a professionals (including the Administrative Direc- presiding judge of the court, because its judges tor of the Courts) and 4 clerical personnel. The serve on the basis of temporary appointments by.the profeilional staff provides support services in the Chief Justice of the Supreme Court. following areas: records management, forms devel- b. There is no provision for an administrator opment, and field repsesentation; court coordina- for the Court of Claims. Reference Section 5.2.b tion, facilities management, and other court ser- (state-level administrator).. vices; payroll, accounting, budgeting, and pur-. c. The clerk of the Court of Claims, under the chasing; publications; personnel systems; legisla- direction of the Chief Justice, is responsible for tive, executive, public, and media information, and establishing administrative procedures for the executive liaison; planning end research activi- court. The clerk is appointed by the Supreme Court ties, including rules drafting. and must be a licensed attorney in the state. [Const., Art. IV, S5; O.R.C. 2503.281] [0.R.C. SS2743.071 4.6.4 Rule-making. The Rules of Civil Procedure Quasi-Judicial Officers govern practice and procedure in the court. The Supreme Opurt has also promulgated special Rules 6.1.1 SUPREME COURT AND COURT OF APPEALS of the Colin of Claims (C.C.R.) and Local Rules of 6.1.2 Master commissioner the Court of Claims (L.C.C.R.). a. Master commissioners are appointed by and [0.R.C4S2743.031 serve at the pleasure of the court. They must be members of the Ohio Bar. State-Level Administration b. Master commissioners conduct hearings on certain motions for leave to appeal. 5.1 General administrative authority. The Supreme [Assistant Administrative Directortof the Ohio Court, through the Ctlef Justice, has general Courts] superintending power over all courts of Elie state. The Chief Justfce may assign any judge of a Couri 6.1.2 COURT OF COMMON PLEAS of Appeals or a Court of Common.Pleas to temporar- 6.2.2 Commissioner and referee ily sit in any other Court of Appeals or Court ol A. Commissioners and referees are appointed by Common Pleas. He may also assign active and re- the court in a manner prescribed'by the judges tired fudges of the Supreme Court, the Court of thereof. They must be attorneys. Appeals, and the Court of Common Pleas to tempo- b. Commissioners are appointed by and assist rarily sit on the Court of Claims. The Chief Jus- the Probate Division judge. The commissioner takes tice may recall retired judges to active service. testimony and reports his conclusions on the law He may assign retired Municipal Court judges to and facts to the judge. The commissioner can active duty in Municipal and County Courts. Con- administer oaths end subpoena witnesses and evi- stitutional authority to pass upon the tlisqualifi- dence. Referees can hear the issues and make a cation of any judge of the Court of Appeals or report of finding to the judge in any case in which Court of Commod Pleas is vested in the Chief Jus- the parties are not entitled to a jury trial or tice or hi* desiinee. Reference Section 1.5.a. where they consent to submit the case to a referee. [Const., Art. IV, SS5, 6; O.R.C. S2503.04; N.C. The powers of a referee are similar to those of Sup. R. 13] commissioners, subject to limitations imposed by 5.2 Office of the Administrative Director of the the appointing judge. Courts [0.R.C. SS2101.06, 2151.16; Civil Rules 53] a. The Office of the Administrative Director of the Courts is authorized by Constitution. 6.1.3 MUNICIPAL AND COUNTY COLIWTS [Const., Art. IV, S5; O.R.C. SS2503.05, 6.2.3 Referee 2503.281] a. All referees must be attorneys. They are b._Administrative Director of the Courts appointed by the court in a manner prescribed by 1(1) The position of Administrative Director the judgei thereof. Their appointment is mandatory of the Courts is Provided for.in thi constitution. in Municipal COurts with more than two judges. (2) There are no statutory requirements for b. Municipal Court judges may appdint referees the position. Informal procedures require that the to conduct proceedings in the Smell Claims Division

382 Figure 2:Ohio state-level administrative office of the courts, 1980

Administrative Director of tho Courts

Assistant Administrative Director

Court coordination Facilities management Legislative, executive, public, and media information Rules drafting

Judicial Fiscal and Has er Statistics Personnel Commissioners

Systemm'analysis - Personnel Records monagement - Payroll Foram development - Accounting - Audgeting - Purchasing

"4.

383 401 of the court. These referees may also hear the eligible for appointment to the commission. The 5 folloWing types of cases: default proceedings judges are chosen from any 5 of the 11 appellaee under Civil Rules 55; forcible entry and detainer districts, excluding the one in which the respon- proceedings in which the right to jury trial has dent judge resides. been waived; and traffic proceedings in which 10.R.C. S2701.11] there is a guilty plea or written waiver of right 7.2 Authority and procedure for sanction. An to trial by a judge. County Court judges may % initial private investigation of the complaint is appoint referees similar to those in Municipal conducted by the 17-member Board of Commissioners Courts- to hear traffic proceedings. on Grievances and Discipline of the state bar. If [ICC. Sup. R. 4; Traffic Rule 14] two-thirds of the members concur that the evidence warrants further.investigation, the complaint is 6.1.4 COURT OF CLAIMS forwarded to the Supreme Court and a commission is 6.2.4 Commissioner appointed. The commitislon's hearing is held in a. Court of Claims commissioners must be private, and the judge may be represented by coun- attorneys who have practiced law in the state for sel. All rules of evidence are observed in the at least 3 years prior to appointment. The com- conduct of the hearing and the commission has sub- missioners are appointed by and serve at the plea- poena powerp. If three of the five members concur, sure of the Supreme Court. the judge can be retired, removed, or suspended b. Commissioners have jurisdiction to make without pay. The commission's decision is appeal- awards of reparation for economic loss arising from able to the Supreme Court. criminally injurious conduct. Decisions are nor- Judges can be removed from office by impeach- mally rendered by a single commissioner; however, ment or by concurrent resolution of the General a panel of three can be convened. The commis- Assembly. sioner's decision is appealable to the Court of The public may also initiate action for removal Claims. of a judge for misconduct in office. The petition/ 10.R.C. SS2743.52, 2743.54, 2743.61) complaint must be signed by 15 percent of the qualified voters based on,the total vote cast for Judicial Discipline Governor in the preceding election. The trial is held in the Court of Common Pleas or the Court of 7.1 Mere is no standing disciplinary body for Appeals. judges. Ratherif the evidence in a particular (Const., Art. II, §S23, 38; Const., Art. IV, case warrants, the Supreme 'Court appoints a com- S17; O.R.C. SS3.07 to 3.10, 2701.11; Supreme mission of five judges to decide 'that particular Court Rules for the Government of the Bar of case. Any judge in the state, except a mayor, is Ohio VI]

3844 OKLAHOMA

Courts of Last Resort through the Chief Justice, the Administrative Di- rector of the Courts, the presiding judges of the 1.1.1 SUPREME COURT. The Supreme Court sits in Court of Criminal Appeals, the presiding judges of Oklahoma City, the state capital. The court is the Court of Appeals, the presiding judges of the open for the transaction of business at any time District Courts, the trial court administrators of on the call of the Chief Justice. the District Courts, and the presiding judges of [Constitution, Article VII, Section 5; Oklahoma the Municipal Courts. Reference Section 5.1 Statutes Annotated (hereinafter 0.S.A.) 12, (General administrative authority). The Chief Chapter 15, Appendix 1, Rule 21 Justice has no specifically articulated administra- 1.2.1 Organization. The Supreme Court does not sit tive duties with regard to the Supreme Court. in panels. A majority of the members of the court b. Reference Section 5.2.b. (state-level admin- constitute a quorum and the concurrence of the istrator). majority of the court's justices is necessary to c. The Supreme Court appoints a clerk to serve decid4 any question. There are nine geographical at its pleasure who is licensed to practice law in Supreme Court judicial districts provided by stat- the state of Oklahoma. The clerk is responsible ute. for keeping records, files, and papers committed [Const., Art. VII, 15; O.S.A. 20, Section 2] to his care; for recording the judgments, decrees, 1.3.1 Jurisdiction and orders of the Supreme Court, the Court of Ap- a. The original jurisdiction of the Supreme peals, the Court of Criminal Appeals, the Court of Court extends to a general superintending control bank Review, and the Court on the Judiciary; and over all agencies, commissions, and boards created performs such other ervices and duties as may be by law. The Supreme Court has exclusive,authority authorized or prescribed by the Supreme Court. to pass upon the qualifications and fitness of all [Const., Art. VII, 15; 20 Oklahoma Statute Sup- applicants for admission to the practice of law in plement (hereinafter O.S. Supp.) 1979, 178; Oklahoma. The Supreme Court has the exclusive Administrative Director of the Courts] power to discipline attorneys or revoke their per- 1.6.1 Rule-making. The Supreme Court may promul- mit to practice law as prescribed by the state gate rules and regulations for all courts of record statutes and the rules of the Supreme Court. in the state. Gasfral administrative authority b. The Supreme Court has appellate jurisdiction over all courts ir the state is vested in the Su- over all civil cases appealed from the District preme Court, and the court makes administretive Court. rules for other courts. [Const., Art. VII, 14; O.S.A. 5, 1112, 131 [Const., Art. VII, 16; Administrative Director 1.4.1 Justices (9) of the Courts] a. The justices choose from among their members a Chief Justice and a Vice Chief Justice who serve F.1.2 COURT OF CRIMINAL APPEALS. The court sits 2-yeAr terms or until their successors are elected in Oklahoma City and holds 6 terms each year. and qualified. [0.S.A. 20, 136 to 1401 b. Supreme Court justices must be at least 30 1.2.2 Organization. The Court of Criminal Appeals years old, must have been qualified voters in their does not sit in panels. Two members of the court districts for at least 1 year immediately prior to constitute a quo um, and the concurrence of two the date of filing or appointment, and must have judges is neces ry to decide any question. been a licensed practicing attorney or a judge of [0.S.A. 20, 1311 a court of record, or both, in Oklahoma for 5 1.3.2 Jurisdiction years preceeding their election or appointment. a. The Court of Criminal Appeals has no origi- c. Supreme Court justices are subject to reten- nal jurisdiction. tion in office for terms of 6 years pursuant to a b. The Court of Criminal Appeals has exclusive nonpartisan election.Each justice must be from a appellate jurisdiction, coextensive wilih the limits separate district of the state as provided by stat- of the state, in all criminal cases apfealed from ute. When a vacancy occurs, the Governor appoints the District Court and the Municipal Criminal one of three persons nominated by the Judicial Court. Nominating Commission (reference Table 12: Char- [Const., Art. VII, 111 acteristics of judicial nominating commissions). 1.4.2 Judges (3) If the Governor fails to make the appointment with- a. The judge having the shortest time to serve in 60 days, the Chief Justice appoints one of the on the Court of Criminal Appeals acts as Presiding nominees. Judge and serves a 2-year term. [Cons9., Art. VII, 12, Art. VII-b, 112, 4; b. Court of Criminal Appeals judges must meet 0.S.A. 20, 1271 the same qualifications as Supreme Court justices. 1.5.1 Adminicstration Reference Section 1.4.1.b. a. The Supremo Court exercises administration c. Court of Criminal Appeals judges are select- and supervision over the ntire court system ed in the same manner and for the same term as Su- 385 401 Figure 1:Oklahoma court system, 1980

SUPREME COURT COURT OF CRIMINAL APPEALS 9 justices 3 Judges Jurisdiction Jurisdiction Courts of Appellete Jurisdiction over ell civil Exclunive oppellatejurisdictionin last wetter.. criminal cases. resort

COURT OF APPEALS (2) 6 Judges Jurisdiction. Intermediste Appeals assigned to it by the Supreme appellete Court. Civil court matters. mateern. , DISTRICT COURT (26) 71 district, 77 essociate district, 50 special Judges Jurisdiction: - Original Jurisdiction over all Court of Justiciable matters. general - Civil ections, probate, and jurisdiction domestic reletions. - Felony and misdemeanor matters. JUvenile matters. Appaels de novo. Jury trials. 11116

=MEP MUNICIPAL COURT MUNICIPAL CREMINAL COURT OF NOT OF RECORD (167) RECORD (2) 1 full-time, 533 part-time 6 full-time, 13 pert-time Judges Judges Jurisdiction. Jurisdiction - City ordinance violations City ordinance violetions withtine less than $300 with fine less then $300 end Sentence less then end sentence less than 90 dalOs 90 days. Jury triets, if possible Jury triels, if possible fine is greeter than $35 fine is greeter then $50, or imprisonment.

Courts of WORKERS' COURT limited 7 dietrict yid *rye Yarisdiction Jurisdiction: '4 - Compensation clef.. in industriel cases.

AL, COURT OF TAX REVIEW COURT OF RANK REVII5J 3 district judges serve 3 district Judges sree Jurisdiction' Juriediction: - Protests against all,gedly Appeels from finel orders illegal lvies. by the Commiesioner of the Banking Board or of the Banking bird itself.

11 'Indicates route of appeal.

Indicates assignment of cease. 11

386 preme Court justices. Reference Section 1.4.1.c. Court of General Jurisdiction (0.S.A. 20,135] 1.5.2 Administration 3.1 DISTRICT COURT. The District Court sits in a. The presiding judge has no specifically continuous session. articulated administrative duties with regard to (Administrative Director of the Courts] the Court of Criminal Appeals. 3.2 Organization. There are 26 District Court b. Reference Section 5.2.b (state-level admin- judicial districts. There are 9 judicial adminis- istrator). trative districts, each headed by a presiding c. The clerk of the Supreme Court is the ex judge. Subject to the authority of the Supreme officio clerk of the Court of Criminal Appeals. Court, the presiding judges designate places for Reterence Section 1.5.1.c. holding court and may provide for divisions of the (Const., Art. VII, 15; 20 0.S. Supp. 1979, 5781 court. 1.6.2 Rule-makinj. Reference Section 1.6.1. IConst., Art. VII, f10; 20 U.S. Supp. 1980, 592.1] Intermediate Appellate Court 3.3 Jurisdiction a. The District Court has unlimited original 2.1 COURT OF APPEALS. One division sits in Tulsa jurisdiction in all justiciable matters, powers of County. The other sits in Oklahoma County. The review of administrative action, and power to issue court sits in continuous session. writs, remedial or otherwise, necessary or proper [0.S.A. 20, 130.2; Administrative Director of to carry into effect its orders, judgments, or the Courts] decrees. 2.2 Organization. The geographic jurisdiction of b. The District Court hears trials de novo fro? the Court of Appeals is statewide. The Court of the Municipal Court Not of Record. Appeals consists of two permanent divisions, with IConst., Art. VII, fl; O.S. Supp. 1979, each division having three judges. 527-129] (0.S.A. 20, 530.11 3.4 Judges (71 district judges; 77 associate dis- 2.3 Jurisdiction trict judges, 50 special judges) a. The Court of Appeals has no original juris- a. There is no provision for a chief judge over diction. all the districts of the District Court. In each b. The Court of Appeals has the power to dis- of the nine judicial administrative districts, the pose of any case assigned to it by the Supreme district and associate district judges elect one Court. A decision of the Court of Appeals may be of their district judges as the presiding judge. reviewed by the Supreme Court if a majority of its If an dividual District Court has more than one justices direct that certiorari be granted. The judg presiding judge of that judicial admin- Supreme Court may by order recall a case from the istra district designates a chief judge of that Court of Appeals. court He serves as chief judge at the pleasure (0.S.A. 20, 530.11 of t presiding judge, or may rotate into the 2.4 Judges (6) pos in a manner presented by the presiding a. Each division of the court selects its presiding judge for a term of1 year. b. District Court judges must have been resi- b. Court of Appeals judges must be qualified dents of the state and their district for 6 months, voters in the state, and must have a minimum of 4 must be qualified voters of their respective dis- years experience as a licensed practicing attorney tricts and must have a minimum of 4 years of expe- or as a judge of a court of record or both. rience as a licensed practicing attorney, or as a c. Court of Appeals judges are elected on nonjudge of a court of record within the state, or partisan ballots from the six congressional dis- both. Associate district judges must meet these tricts in the state. Judges serve 6-year terms. same requirements except those elected or appoint- The Governor fills vacancies by appointment of a ed after July 15, 1974, are required,to have only 2 qualified person from the congressional district years of experience. where the vacancy exists. The Governor shall con- c. District Court judges and associate district sider the recommendation of the Judicial Nominating judges are elected in non-partisan elections by the Commission (reference Table 12: Characteristics voters in their respective counties or districts of judicial nominating commissions). At the primary for terms of 4 years. When a vacancy occurs in the and general election next succeeding the occurrence office of district judge, the Governor appoints one of the vacancy, a person is elected to fill the of three persons nominated by the Judicial Nominat- unexpired term of that oifice. ing Commission (reference Table 12: Characteris- [Const., Art. VII, 58; 51 O.S. Supp. 1980, 510; tics of judicial nominating commissions). If the Administrative Director of the Courts] Governor fails to make the appointment within 60 2.5 Administration days, the Chief Justice appoints one of the nomi- a. There are no formal provisions regarding the nees. If a vacancy occurs in the office of asso- administrative authority of the Court of Appeals ciate district judge, or if an associate district presiding judges. They perform administrative judge is unable to perform the duties of his of- duties for their respective divisions. fice, the presiding judge of that judicial adminis- b. There is no provision for an administrator trative district appoints a special judge to hold for the Court of Appeals. Reference Section office for the duration of the vacancy. 5.2.b. (state-level administrator). (Const., Art. VII, 558, 9, 10, Art. VII.8, $4; c. The clerk of the Supreme Court is also the O.S.A. 20, 122(b); O.S.A. 20, Ch. 2, App. 2, clerk of the Court of Appeals. Reference Section Rule 7; 20 O.S. Supp. 1979, 5121.1; Administra- 1.5.1.c. tive Director of the Courts] [20 0.S. Supp. 1979, 5781 3.5 Administration 2.6 Rule-making. Reference Section 1.6.1. a. Whereas there is no provision for a chief judge over all the districts of the District Court,

4()5 387 I.

the presiding judge ot each administrative district ittathment, summonses, and other processes and has general administrative authority, including the writs issuable by the district judge in criminal authority to provide for divisions of the court and proceedings. to designate appropriate times and places for hold- b. The Municipal Criminal Court of Record has ing court. If a vacancy occurs in the office of no appellate jurisdiction. associate district judge, or if an associate dis- [0.S.A. 11, 1128-102, 28-1211 trict judge is unable to perform the duties of his 4.4.1 Judges (6 full-time, 13 part-time) office, the presiding judge of the judicial admin- a. The Board of Commissioners (the city govern- istrative district may appoint a special judge to ing body) appoints a presiding judge for each Muni- hold office for the duration of the vacancy. If cipal Criminal Court of Record. an individual District Court has more than one b. Municipal Criminal Court judges must meet judge, the presiding judge of that judicial admin- the same qualifications as associate district istrative district designates a chief judge for judges of the District Court.Reference Section that court. He serves as chief judge at the plea- 3.4.b. sure of the presiding judge, or may rotate into the c. Municipal Criminal Court of Record judges position in a manner prescribed by the presiding are appointed by the Board of Commissioners of judge. their cities or the city councils. Judges of these b. There is no provision for an administrator courts serve 2-year terms. over all the districts of the District Court. [0.S.A. 11, $28-103] There are two trial court administrators, one each 4.5.1 Administration in Oklahoma and Tulsa Counties. There are no for- a. There are no formal prpvisions regarding mal provisions regarding the administrative duties administrative duties for the presiding judges. of the administrators. In practice, their adminis- b. There are no provisions for administrators trative duties include the following: jury manage- for the Municipal Criminal Court of Record. Refer- ment, caseload and docketing management4 and ence Section 5.2.b (state-level administrator). tance to the presiding judge in regard to personnel c. The clerk of each Municipal Criminal Court management. of Record is appoAnted by the city governing body. c. District clerks are elected for 4-year He is responsible for keeping and preserving rec- terms. The clerk of the district is responsible ords and dockets, receiving all money paid into for keeping an appearance docket, a trial docket, the court, and certifying all transcripts and other a journal, a judgment docket, an execution doaket, records of the court. and such other books as may be ordered by the court [0.S.A. 11, $128-103, 28-106] or required by law. The clerk is directed to fur- 4.6.1 Rule-making. Reference Section 1.6.1. nish without cost to the Supreme Court and the State Legislative Council such statistical and 4.1.2 MUNICIPAL COURT NOT OF RECORD. The Municipal other information required including, but not Court Not of Record sits in continuous session. limited to, the number and classification of cases [Administratiave Director of the Courts] (a) filed with the court, (b) disposed of by the 4.2.2 Organization. Any city or town may create a court and the means of such disposition, and (c) Municipal Court Not of Record. There are no spe- the number of cases pending before the court, at cialized divisions of the court. each term of the court. [0.S.A. 11, 527-101] [Const., Art. VII, S10; O.S.A. 12, SS22, 33; 4.3.2 Jurisdiction O.S.A. 20, 522(b), O.S.A. 20, Ch. 2, App. 2, a. The Municipal Court Not of Record has origi- Rule 7;19 O.S. Supp. 1979, 5131; State Court nal jurisdiction over all city ordinance viola- Journal, 1977, p. 32; Administrative Director tions. The court may be required to supervise ju- of the Courts] veniles placed on parole, probation, or suspended 3.6 Rule-making. Reference Section 1.6.1. Each sentence. presiding judge of a judicial administrative dis- b. The Municipal Court Not of Record has no trict has the authority to adapt rules for the appellate jurisdiction. courts of which he is in charge, subject to the [0.S.A. 11, $127-103, 27-124] authority of the Supreme Court. 4.4.2 Judges (1 full-time, 533 part-time) [Const., Art. VII, 110; 20 O.S. Supp. 1971, ,a. The Municipal Court Not of Record does not Ch.1, App. 2; Administrative Director of the have chief judges. Courts] b. Judges of the Municipal Court Not of Record must be licensed to practice law in the state, Courts of Limited or Special Jurisdiction except that the requirement may be waived for cities having less than 7,500 population or if no 4.1.1 MUNICIPAL CRIMINAL COURT OF RECORD. The licensed attorney resides in the county in which Municipal Criminal Court of Record sits in the city is located. continuous ssss ion. c. Judges of the Municipal Court Not of Record [Administrative Director of the Courts] are appointed by the mayors of the cities where the 4.2.1 Organization. A Municipal Criminal Court of courts are established with the consent of the Record may be established in cities having a popu- governing bodies of the cities. Judges of the lation of more than 200,000 persons. There are no Municipal Court Not of Record serve 2-year terms. specialized divisions of the court. [0.S.A. 11, 527-104; Administrative Director of [0.S.A. 11, 128-101] the Courts] 4.3.1 Jurisdiction 4.5.2 Administration a. The Municipal Criminal Court of Record has a. There are no provisions for presiding judges original jurisdiction in cases of violation of any for the Municipal Court Not of Record. city ordinances. The court also has jurisdiction b. There are no provisions for administrators to administer oaths, issue subpoenas, writs of for the Municipal Court Not of Record. Reference Section 5.2.b (state-level administrator).

el r-) ("1 % 388 c. City clerks, or deputies designated by them, vises the work of all employees of the court; han- serve as ex officio Municipal Court clerks. The dles and oversees all administrative affairs of the clerks are responsible for recording court proceed- court; and performs other duties necessary to oper- ings, receiving and delivering to the city trea- ate the court in an efficient manner. surer all money paid into the court, and performing b. Until the position of the Administrator of clerical duties assigned by judges. Workers' Compensaeion is funded by the legislature [0.S.A. 11, 527-109] and is actually in operation, the presiding judge 4.6.2 Rule-making. The Supreme Court may promul- of the court is responsible for performing the gate rules an& regulations for the Municipal Court dutits of the administrator. Not of Record. Reference Section 1.6.1. The judge c. The clerk has responsibilities as determined of each court may prescribe rules for the conduct by the court. of his court consistent with state law. [85 0.S. Supp. 1979, Ch. 4, App. R.1] [0.S.A. U, SS27-114, 27-131] 4.6.3 Rule-making. The Workers' Compensation Court has the power to formulate its own rules and pro- 4.1.3 WOKKERS COMPENSATION COURT. The Workers' cedures. Compensation Court sits at Oklahoma City, the state [85 0.S. Supp. 1979, 51.2] capital. The court sits in continuous session. [85 O.S. Supp. 1979, 51.2; Administrative 4.1.4 COURT OF TAX REVIEW. The Court of Tax Review Director of the Courts] meets in Oklahoma City, the state capital, upon 4.2.3 Organization. The court is considered to be call of the presiding judge. The court reconvenes sitting en banc when three of the seven judges are upon call of the presiding judge as deemed neces- sitting. The court sits en banc only for appeal sary until all protests have been\heard and deter- matters. Therefore, the judge who originally tries mined. the case is the person by whom the decision is made [68 O.S. Supp. 1980, 524104] that is appealed to the court en banc or to the 4.2.4 Organization. The Court of Tax Review is Supreme Court. There are no specialized divisions made up of three District Court judges. There are of the court. no specialized divisions of the court. [85 O.S. Supp. 1979, S3.6, Administrative [0.S.A. 68, 5241.04] Director of the Courts] 4.3.4 Jurisdiction. 4.3.3 Jurisdiction a. The Court of Tax Review has no original a. The Workers' Compensation Court hears and jurisdiction. determines compensation claims in industrial acci- b. The Court of Tax Review hears and determines dent cases. The court also has the power to con- all protests against allegedly illegal levies. The duct necessary investigations. The Sward of the court has the authority to hear and determine all court is final and conclusive between the parties. protests filed under code 524103. The court also b. The parties have the right to/appeal a deci- has the power to administer oaths, and to compel sion to the court en banc or to the Supreme Court. the attendance of witnesses and the production of [85 O.S. Supp. 1979,53.6] evidence, including any public record from any 4.4.3 Judges (7 district judges serve) county in the state. a. The presiding judge is dysignated by and (0.S.A. 68, 5524103, 24104, 24105] serves at the pleasure of the Governor. 4.4.4 Judges (3 district judges serve) b. Workers' Compensation Court judges must have a. The presiding judge is chosen by the mem- been licensed to practice law in the state for a bers. No specific term is designated. period of not less than 5 years prior to appoint- b. District Court judges serve. Reference Sec- ment. tion 3.4.b. c. Workers' Compensation Court judges are c. Court of Tax Review judges are designated appointed by the Governor. The appointments are by the Governor and serve coterminous with him. made from a list of three nominees for each posi- (68 O.S. Supp. 1979, 5241041 tion, selected by the Judicial Nominating Commis- 4.5.4 A4ministration sion (reference Table 12: Characteristics of a. There are no formal provisions for assigning judicial nominating commissions) from applications administrative duties to the presiding judge. submitted by qualified applicants. The Chief Jus- b. The State Board of Equalization performs any tice of the Supreme Court has the authority to ap- necessary administrative duties. point one of the nomi es f the Governor fails to c. The state auditor and inspector serves as - do so within 60 day from the ume the list of clerk. He has the responsibility for transmitting nominees is submitt d. Judges the Workers' Com- a copy of a taxpayer protest to the treasurer of pensation Court ser 6-year terms. udges the affected county. He also has the responsibili- that served on the S ate Industrial Court a serv- ty for transmitting a copy of the decisions of the ing their unex i terms on the Workers' Co .-, a- Tax Court to the county clerk, the county assessor, tion Court. the county treasurer, and to the protestant or his [85 O.S. Supp. 1979, 5i1.2, 3.61 attorney of record. 4.5.3 Administration (0.S.A. 68, 5124103, 24106; Adminzttrattve Di- a. The presiding judge presides at all hearings rector of the Courts] 4.6.4 Rule-making. The judges for the Court of Tax before the court en banc and at all conferences at * which appeals and other matters are considered. Review promulgate rules. The rules are approved He also makes procedural rulings for the courts, by the Supreme Court. except those to be made in the course of hearings (Administrative Director of the Courts] before single judge, assigns or directs the assignment of cases to the several judges for hear- 4.1.5 COURT OF BANK REVIEW. The Court of Bank Re- ings at places he des nates; directs and super- view schedules meetings at Oklahoma City, the state it

389 1107 capital, atleast once every 60 days. The court that the Administrative Director be a licensed at- *lets on call of the presiding judge. torney. [0.S.A. 6, 1207] (3) The Administrative Director and his 4.2.5 Organization. The state is divided Into staff provide assistance to the Judicial Nominating three Criminal Court of Appeals districts, desig- Commission (reference Table 12; Characteristics of nated respectively as the eastern, northern, and judicial nominating commissions), the Court on the southern Criminal Court of Appeals judicZal dis- Judiciary (reference Section 7.1), and the Council tricts. The Court of Bank Review is made up of on Judicial Complaints (made up of two lawyers and three District Court judges, one from each of the one nonlawyer for the purpose of investigating com- Court of Criminal Appeals districts. There are no plaints concerning the misconduct of judicial of- specialized divisions of the court. ficers and, when necessary, recommending the prose- (20 0.S. 1971, S33) cution of a judge before the Court on the Judi- 4.3.5 Jurisdiction. ciary). They also prepare and submit annual re- a. The Court of Bank Review has no original ports to the legislature copcerning the boundaries jurisdiction. of District Court judicial districts, the number b. The Court of Bank Review has the authority of judges needed for each judicial district, and duty to hear and determine all appeals from any pending caseloads for each district, and caseload/ final order of the Commissioner of the Banking judge formulae. Board or of the board itself. The court may affirm c. Office organization. The Office of the the appealed order, direct affirmative action, and State Court Administrator consists of five people. reverse or modify. foux professionals (including the Administrative [0.S.A. 6, S2071 Director) and one legal secretary. The profession- .4.4.5 Judges (3 district judges serve) al staff provides support services in the areas of a. One of the three judges is designated by the computer operations and accounting. members as the presiding judge. No specific term [Const., Art. VII, 56, O.S.A. 20, 516.1 to is designated. 16.11, 20 O.S. Supp. 1979, 51651 to S1661; Ad- b. District Court judges serve. Reference Sec- ministrative Director of the Courts] tion 3.4.b. c. The Court of Bank Review consists of three Quasi-Judicial Officers District Court judges, designated by the Governor and confirmed by the senate. Each judge is from 6.1.1 SUPREME COURT different Court of Criminal Appeals district and 6.2.1 Referee serves a 4-year term. Vacancies are filled by the a. Referees are appointed by and serve at the Governor. The appointee serves for the unexpired pleasure of the court. They must meet the same Refer- term. qualifications as a District Court judge. (0.S.A. 6, S207; Administrative Director of ence Section 3.4.b. the Courts) b. Referees perform duties as prescribed by the 4.5.5 Administration Supreme Court. a. There are no formal provisions for [Administrative Director of the Courts] assigning administrative duties to the presiding judge. 6.1.2 DISTRICT COURT b. The Bank Commissioner performs any 6.2.2 Referee necessary administrative duties. a. Referees may be appointed by District Court c. The clerk of the Supreme Court serves as judges assigned to hear juvenile cases in counties the clerk of the Court of Bank Review. Reference with a population over 100,000. Referees must be Section 1.5.1.c. attorneys. (0.S.A. 6, 1207) b. Referees may hear any juvenile case in the 4.6.5 Rule-making. The members of the Court of court's jurisdiction, and report their findings and Bank Review promulgate rules. The rules are ap- recommendations to the judge. proved by the Supreme Court. 10.S.A. 10, S1126, Parajudges Their Role in [Administrative Director of the Courts] Today's Court Systems, p. 59)

State-Level Administration Judicial Discipline

5.1 General administrative authority. The Supreme 7.1 COURT ON THE JUDICIARY. The Court on the Ju- Court has general administrative authority over all diciary consists of a Trial Division composed of the courts in the state, including the temporary nine members, eight of whom are district judge', assignment of any judge to a court other than that senior in service and under age 60, and one active for which he was selected. This authority vested member of the Oklahoma Bar Association, chosen by in the Supreme Courtis exercised by the Chief its Executive Council. The court also has an Ap- Justice in accordance with the court's rules. Ref- pellate Division composed of two members of the erence Section 1.5.a. Supreme Court, chosen by that court; one member of (Const., Art. VII, 16) the Court of Criminal Appeals, chosen by that 5.2 Office of the&ate Court Administrator court, one active member of the State Bar Associa- a. The Office of the State Court Administrator tion, chosen by its Executive Council; and five is authorized by the constitution. district judges senior in service and under age 65. b. Administrative Director of the Courts Each division of the Court on the Judiciary selects (1) The position of Administrative Director its presiding judge, who is to be judge of the is authorized by the constitution. qualifications and disqualifications of its own (2) The Administrative Director of the members, and makes and publishes its own rules of Courts is appointed by and serves at the pleasure procedure. of the Supreme Court. The Supreme Court requires (Const., Art. VII-A, SS2, 3]

390 4,1s % Figur. 2: Oklahomastate-level administrative officeof the courts, 1980

Rat, Court AdmInistrstor

Socrotarisi Assistance

Deputy Cgurt dministrstor

Finance Information Systems nd Budget - - Computsr - Accounting operations

(1 11 ,(,) 391 ' J 7.2 Authority and procedure for sanction. Any jus- of Representatives of the State of Oklahoma. The tice or judge of any court exercising judicial Trial Division sets the matter for hearing, not power under the provisions of the Constitution of less than 60 days after notice of filing. After -Oklahoma is subject to removal from office or com- full hearing, the Trial Division renders such judg- pulsory retirement from office by proceedings 4n ment as the facts may justify. From any judgment the Court on the Judiciary. Jurisdiction of of the Trial Division, the respondent or the prose- Trial Division of the Court on the Judiciary may cutor may appeal to the Appellate Division within be invoked by petition filed by the Supreme Court 10 days after the entry of judgment. The review or the Chief Justice, the Governor, the Attorney the Appellate Division is an equity appeal as General, the Executive Secretary of the Oklahoma to both law and facts. The Appellate Division may Bar Assopiation when directed by a majority vote affirm, modify, or reverse the judgment of the of all mtnIsMr5 ,4f.ies Executive Council, or by Trial Division. reacalitioh.of the .flouse of Delegates or the House [Const., Art. VII-A, SS1, 4, S]

392 OR EGON

The Council on Court Procedure Court of Last Resort 1.6 Rule-making. was created to promulgate rules ofcivil procedure. Tha council is composed of 10 judges, 12 lawyers, 1.1 SUPREME COURT. The Supreme Court sits in con- Rules of criminal procedure are tinuous session in Salem. ancifl layman. promulgated by the state legislature. The Supreme (State Court Administrator) COurt is prohibited from making rules of criminal The Supreme Court usually sits 1.2 Organization. It can, however, adopt rules en banc, but it may sit in panelsof khree to five and civil procedure. prescribing the form of all process, notices, justice., a majority of whom must be regularly motions, and other written pleadings pr all elected justices. The concurrence of a majority courts, which are not consideredrulea of criminal of justices is necessary to pronounce judgment. The court has general admin- (Oregon Revised Statutes (hereinafterO.R.S.) or civil procedure. istrative authority and supervisory control over Section 2.111) the courts of the state and can make rules to exer- 1.3 Jurisdiction cise this authority. All judges and court person- a. The Supreme Court hasoriginal jurisdiction nel in the state must comply with Supreme Court to issue lotraordinary writs. b. The Supreme Court may hear appeals onpeti- administrative rules. [0.R.S. 551.002, 1.280, 31.002; State Court tion for review from the Court of Appeals. The Administrator] court also decides'appeals from theOregon Tax Court. [Constitution, Article VII, Amended Section2; Intermediate Appellate Court State Court Administrator] 2.1 COURT OF APPEALS. The court sits in continuous 1.4 Justices (7) session in Salem. a. The Chief Justice iselected by a majority [0.R.S. S1.060; State Court Admihistrator] of the jumtices of the court and completeshis 6- The judges sit in panels year term in this role.He may succeed himself. 2.2 Organization. three judges, a majority of whom must be r ularl b. Supreme Court justices must be UnitedStates elected judges of the court. The concurnce of citizens and must have been residents ofOregon for two judges is necessary to pronounce ju ment. The at least 3 years preceding theirelection or chief judge or a majority o the reg rly elected appointment. All electeejustices must be lawyers. judges can order the cour e banc, with not c. Supreme Court justices areelected to 6-year more than two judges pro temporesitting on .the terms on a nonpartisan basis by the votersof the by court. state. The Governor fill. judicial vacancies [0.R.S. 52.570] appointment. The appointee serves until a succes- 'sor is elected at the next generalelection. 2.3 Jurisdiction a. The Court of Appeals has nooriginal juris- Judges pro tempore may be appointed by the court. [Const., Art. VII, Amend. 551, 16;O.R.S. diction. b. The Court of Appeal, has exclusiveappellate 552.020, 2.045] jurisdiction, 1.5 Administration [0.R.S. 552.510, 221.380, 419.561] a. The Chief Justice hasadministrative authority in accordance with Supreme Court rulesand 2.4 Judges (10) a. The chief judge is selected in the same man- He exercises administration and supervi- orders. Chief Justice of through the ner and for the same term as the sion over the entire court system Reference Section 1.4.a. State Court Administrator, the chiefjudge of the the Supreme Court. b. Court of Appeals judges must be qualified Court of Appeals, presiding judges of theCircuit voters of the counties of their residence and must Court, and trial court administrators. Reference Section 5.1 (General administrativeauthority). be licensed attorneys. c. Court of Appeals judges are selectedin the In regard to the administration of theSupremo same manner and for the same term asSupreme Court Court, the Chief Justice-apportipnsbusinemm to Reference Section 1.4.c. the panels of the court; deilignatesthe justice to justices. preside in each panel of the court inhis ab- [0.R.S. 52.5401 ence; assigns the justices topanels; and can 2.5 Administration a. The chief judge apportions thebusiness of order the court to sit en lurc. the the court between the panels, and can order the b. The State Court Admifiistrator serves as He presides over any panel administrator for the Supreme Court. Reference court to sit en banc. in which he sits and designates a judge topreside Section 5.2.b (state-level administrator). over each panel in his absence. c. The State Court Administratorserves am the Reference Section 5.2.b. b. The State Court Administrator serves as the Supreme Court clerk. Reference [0.1.3. 551.002, 2.111, 2.560, 7.0,8.120; administrator for the Court of Appeals. Section 5.2.b (state-level administrator). State Cpurt Administrator]

393 411 Figure 1:Oregon court system, 1980

SUPREME COURT 7 justices - Court of Jurisdiction: lest - Cerfiorari review of Court pf Appeals resort decisions end decisions of-the Tax Court.

COURT OF APPIALS 10 judges Jurisdiction: Intermediate - Exclusive appellate jurisdiction except appellate from Tex Court. court

=IMF

TAX COURT* .

1 fudge CIRCUIT COURT (20) 75 judges TAX COURT SMALL CLAIMS DIVISION Jurisdiction: Jurisdiction: Jurisdiction: - General jurisdiction over civil matters - Original juriedictice in - Tax refunds under $500; not granted exclusively to another court. all cases involving state additional taxes or Probate matters. tax law not specifically taxes sssssss d when no - General jurisdiction over criminal Courts of given to the Smell Claime return was filen; tax matters not granted exclusively to general Division. cases involving real another court. jurisdiction - Appeals from county property valued under - Juvenile matters. boards of equalization end 535.000 or personal Appeals de novo. the Oregon Department of property under $15,000; Jury trials. levenue refunds in homestead and rental assistance cases.

JUSTICE COURT (40) MUNICIPAL COURT (165) COUNTY COURT (9) DISTRICT COURT (24) 40 judges 193 judges 9 judges 55 judges AJurisdiction: Jurisdiction: Jurisdiction. Jurisdiction: - Civil actions under Exclusive jurisdic- - Exclusive probate Civil actions under $2,500. Smell claims tion over municipal jurisdiction in 6 $3,000. Probate (in under $500 in bell ordinance viola- counties. Curry, Hood River, end Courts of Claims Department. tions. - Exclusive juvenile Wesco Counties, end linited Misdemeanors and - Traffic cases. jurisdiction in 7 elsewhere as assigned jurisdiction preliminary hearings. Jury trials. counties. by the Circuit Court - Traffic cases. judge). Small claims Jury trials. under $700 in the Smell Claims Depart- ment. - Misdemeanors with fines less than $3,000 end sentence less than 1 year; preliminary hearings. - Traffic cases. Appeals de novo. Six-person jupy trials. .

111' Indicates route of appeal.

5The Oregon Tex Court is classified se s court of general jurisdiction by state statute. C. The State Court Administrator serves as the other departments. When the presiding judge cannot clerk of the Court of Appeals. Reference Section perform his duties, he may designate an acting pre- 5.2.b. siding judge tL assume them. [0.R.S. SS2.560, 2.570, 7.0, 8.120; State Court b. There is no provision for an administrator The Administrator] over all the circuits of the Circuit Court. 2.6 Rule-making. The Court of Appeals may make office of administrator in the Circuit Court is administrative rules for the court that are not in authorized in single-county circuits with popula- The presiding judge may conflict with Supreme Court rules. A single set tions of 70,000 or more. of rules has been jointly promulgated by the two appoint a court administrator with the approval of The administrators per- courts. Reference Section 1.6. a majority of the judges. [0.R.S. S2.560; State Court Administrator] form the functions prescribed by the court rules of the circuits where appointed. Courts of General Jurisdiction c. Clerks of the Circuit Court are tOmelected county clerks, except in those home rule counties Those 3.1.1 CIRCUIT COURT. The court sits in continuous where there is no elected county clerk. session. \counties have appointed county administrators/ There are no formal provi- [0.R.S. S1.0601 court administrators. 3.2.1 Organization. There are 20 circuits, based sions for assigning administrative duties to the on county and multi-county boundaries. There is clerks. They have responsibilities as determined an informal Juvenile Department in most Circuit by their respective courts. Courts. In Marion County, there is a statutorily [Const., Art. VII, S15; O.R.S. SS3.065, 3.220, designated Department of Domestic Relations that 3.360, 8.070; State Court Administrator] hears domestic relations cases and juvenile mat- 3.6.1 ROle-making. Rules governing proaedure in the Circuit Court are promulgated in the same man- ters. These cases, however, can be reassigned to ner allprocedural rules in the Supreme Court. other judges. In Multnomah County there is a Pro- bate Department to hear probate cases and mental Reference Section 1.6. The judges in each circuit health cases, and a Department of Domestic Rela- have authority to promulgate rules of court administration as lbng as they are consstent with Su- tions to hear domestic relations cases and juvenile. matters. Cases can be heard by any department of preme Court rules. the court, however, and judges can sit in any [0.R.S. SS3.220 (1), 3.3801 department. [0.R.S. jS3.011, 3.160, 3.170, 3.250 to 3.280, 3.1.2 TAX COURT. (The Oregon Tax Court is classi- 3.314, 3.320, 3.330, 3.3601 fied as a court of general jurisdiction in O.R.S. 3.3.1 Jurisdiction S305.405 within the substantive areas defined by a. Except where otherwise provided by law, the O.R.S. S305.410.) Circuit Court has original jurisdiction In all mat The court sits in nontInuous session. ters. [0.R.S. S1.0601 The Tax Court sits in Sa em, b. The Circuit Court has appellate jurisdiction 3.2.2 Organization. over casek from all courts of limitedjurisdiction but conducts trials at any county seat throughout except the District Court. the state. There is a Small Claims Division. [Const., Art. VII, S9; O.R.S. SS2.5-10, 3.150, [0.R.S. SS305.475, 305.515] 3.250 to 3.280, 205.410, 471.990, 484.0301 3.3.2 Jurisdiction a. The Tax Coupe has original jurisdiction over 3.4.1 Judges (75) , a. There is no provision for a chief judge over cases involving state tax laws. all the circuits of the Circuit Court. In any The Small Claims Division hears cases involving multi-judge circuit, a presiding judge is elected certain specified tax refunds that do not exceed by the majority of the judges. If a majority can- $500; additional taxes, or taxes assessed when no not agree, a presiding judge is appointed by the return was filed; proceedings by taxpayers involv- Supreme Court. The term of a presiding judge is 1 ing the cash value of real property that does not year, and he may succeed himself indefinitely. exceed $35,000 or personal property that does not b. Circuit Court judges must have been resi- exceed $15,000; and refunds in homestead and rental dents of the state for 3 years and residua. of assistance cases of any value. their districts tor 1 year prior to theirglaectIfpn, b. The Tax Court has no appellate jurisdiction other than the jurisdiction to hear tax cases from and must be licensed attorneys. Judges must also generally be residents of or have their principal administrative agencies de novo. offices in their judicial circuits. [0.R.S. SS305.405, 305.410, 305.425, 305.515, c. Circuit Court judges are elected on a non- 305.540] partisan basis by the voters of their cirCuits to 3.4.2 Judges (1) single 6-year terms. s. The Tax Court does not have a chief judge. [Const., Art. VII, Amend. SI; O.R.S. SS3.030, b. The Tax Cqprt judge must be a resident of 3.041, 3.050, 3.0651 the state, must be admitted to the practice of law 3.5.1 Administration in the state Supreme Court, and must have been a. Whereas there is no provision for a chief engaged for 3 years in either the active practice Judge over all the circuits of the Circuit Court, of law or as a judicial or quasi-judiclal officer. multi-judge circuits have presiding judges.When c. The Tax Court judge is elected on a non- a majority of the court cannot agree on the appor- 'partisan basis by the voters of the state to )s 6- tionment of business and the form_of rules, the year term. presiding judge's decision controls in all but the, 4Const., Art. VII, Amend. SI; O.R.S. Fourth Judicial District (Multnomah County). The SS305.452, 305.4551 presiding judge in the Fourth District can assign 1.5.2 Administration cases from the Department of DomesticRelations and a.:There, is no provision for a chief judge for Probate Department, when they become congested, to the pix Court.

395 413 b. There is no provision for an administrator c. The elected county clerk is the clerk o the for the Tax Court. Riference Section 5.2.b (state- District Court except in Multnomah, Washington, level administrator). Lane, Hood River, Benton, Jackson, Union, and c. There is a clerk appointed by the court, Wallowa counties. In Union and Wallowa counties, whose administrative duties are not statutorily the elected county clerk is the ex officio clerk assigned. He has responsibilities as determined of the District Court. The city of Gresham and by the court. Multnomah County may provide for a clerk of the (0.R.S. S305.4801 District Court; however, the method of selection 3.6.2 Rule-making. Reference Section 1.6. is not statutorily determined. There are no formal provisions for assigning administrative duties to Courts of Limited or Special Jurisdiction the clerks. They have responsibilities as determined by their respective courts. 4.1.1 DISTRICT COURT. The court sits in continuous (Const., Art. VII, S15; O.R.S. SS46.010, session. 46.665, 46.720, 40.725; State Court Administra- (0.R.S. S1.0601 tor] 4.2.1 Organization.There are 24 District Courts 4.6.1 Rule-making. Reference Section 1.6. The in the state's 36 counties: 21 single-county judge or judges of each District Court are autho- District Courts, and 3 courts that serve 2 coun- rized to promulgate administrative rules for their ties. Each District Court has a Small Claims courts that are not in conflict with rules of the Department. Supreme Court. (0.R.S. S46.405; State Court Administrator] (0.R.S. S46.2801 4.3.1 Jurisdiction a. The District Court has jurisdiction in all 4.1.2 JUSTICE COURT. The couit sits in continuous misdemeanor cases where the punishment indicated session. is not more than $3,000 or 1-year of imprisonment, (0.R.S. S1.0601 and all nonfelonious traffic cases. 'The District 4.2.2 Organization. The number of Justice Court Court has concurrent jurisdiction with the Munici- districts in each county is determined by the Board pal Court in municipal charter violations.' The of County Commissioners. There may be up to five court has jurisdiction in civil cases involving not Justice Courts in any county that has a District more than $3,000, and in all cases of forcible Court. In those counties not having a District entry and detainer. Jurisdiction is concurrent Court, there may be up to six courts. Forty com- with Municipal and Justice Courts in state liquor munities have Justice Courts. Their jurisdiction, law violation cases. Small Claims Departments hear however, does not include ities in which there is cases involving not more than $700. In Curry, Hood a District Court. Each Jug ice Court has a Small River, and Wasco Counties the District Court judge Claims Department. has probate authority. In the other 24 counties (0.R.S. SS46.026, 51.0 , 51.030; State Court with a District Court, probate cases may be as- Administrator] sieted by the Circuit Court to a District Court 4.3.2 Jurisdiction judge. a. The Justice Court has jurisdiction in mis- b. The District Court has no appellate juris- demeanor cases. It also has jurisdiction in cases diction. involving public contracts and purchasing, maximum [0.R.S. SS46.040, 46.060, 471.990, 484.030; 4orking hours, deceptive and fraudulent employment State Court Administrator] practices, and civil cases involving not more than 4.4.1 Judges (55) $2,500. The Small Claims Department hears actions a. In multi-judge districts a presiding judge for recovery of money or damages of $500 or less. is chosen by the judges of the court. If they can- The Justice Court has jurisdiction in cases involv- not agree on a person, the Circuit Court for the ing violations of state liquor laws and in all non- county designates a presiding judge until the felonious state traffic offenses. judges reach agreement. The presiding judge can b. The Justice Court has no appellate jurisdic- be reiived at any time and another one chosen. tion. b. istrict Court judges must have been resi- (0.R.S. SS51.040, 51.050, 471.990, 484.030; dents o the state for 3 years and must be licensed State Court Administrator] attorney . They must also generally have been 4.4.2 Judges (40) resident , or have had their principal offices for a. The Justice Court does not have presiding 1 year in their districts. judges. Each court is a single judge court. c. Di trict Court judges are selected in the b. Justices of the peace must be voters of same manneand for the same term as Supreme Court their counties and must have been residents of justices b the voters of their respective dis- their districts for 6 months preceding their elec- tricts. eference Section 1.4.c. tion. (0.R.5 SS46.610, 46.665) c. Justices of the peace are selected in the 4.5.t AdairMstration same manner and for the same term as Supreme Court a. When the presiding judge of a multi-judge justices by the voters of their respective dis- 'District Court is unable to serve, he can appoint tricts. Reference Section 1.4.c. another judge to act in his place. There are no (0.R.S. SS51.020, 51.021, 51.240; State Court statutory or constitutional provisions for assign- Administrator) ing administrative authority or other responsibil- 4.5.2 Administration ities to the presiding judges. a. There are no provisions for presiding jud

' b. There are no statutory or constitutional for the Justice Court. provisions for an administrator over all the dis- b. There are no provisions for administrators tricts, although several districts have court ad- for the Justice Court. Reference Section 5.2.b ministrators. Their duties include management of (state-level administrator). personnel, caseflow, records, statistics, facili- c. The County Court or Board of County Commis- ties, and budget matters. sioners may provide for a clerk in the Justice

396 1( 3 4 Court, howevr, the mthod of selection ip not b. The Municipal Court has no appellate juris- statutorily dtermined. There are no formal provi- diction. sions for assigAing administrative duties to Jus- [Const., Aft. VII, SI; O.R.S. SS46.040, tice Court clerks. They have responsibilities as 471.990, 484.030] determined by their respective courts. 4.4.4 Judges (193) [0.R.S. S51.140] a. The Municipal Court does not have presiding 4.6.2 Rule-making. Reference Section 1.6. The judges. Justice Court may promulgate rules of court admin- b. Municipal Court judges are not required to istration that are not in conflict with rules pro- be attorneys, but many of them are. mulgated by the Supreme Court. c. Municipal Court judges are selected by City [0.R.S. S52.030] Councils, except in two cities where they are elected by the voters of the cities. 4.1.3 COUNTY COURT. The court'sits in continuous [0.R.S. SS221.110, 221.140; State Court Admin- sssion. istrator] [0.R.S. S1.060] 4.5.4 Administration 4.2.3 Organization. Statutes provide for one court a. There are no provisions for presiding judges in each of nine rural counties. Specialized divi- for the Municipal Court. sions of the County Court are locally determined. b. There are no provisions for administrators [0.R.S. SS5.020, 3.265, 111.055] for the Municipal Court. 4.3.3 Jurisdiction c. There are no statutory provisions for clerks a. The County Courts in Crook, Gilliam, Harney, for the Municipal Court. Jefferson, Morrow, Sherman, and Wheeler counties 4.6.4 Rule-making. The Municipal Court operates have juvenile jurisdiction. The County Courts in outside the state system but within legislative Gilliam, Grant, Harney, Malheur, Sherman, and direction. It is controlled in some procedures by Wheeler counties have original jurisdiction over state law. ail probate matters in their counties. The judge [State Court Administrator] of any County Court can grant preliminary injunctions or ordersiin any suit in the Circuit Court State-Level Administration commenced in the county. b. The County Court has no appellate jurisdic- 5.1 General administrative authority. The Supreme tion. Court has general administrative authority over the [0.R.S. SS3.265, 5.020, 5.050, 111.055] courts of the state. The Chief Justice exercises 4.4.3 Judges (9) this administrative authority in accordance with a. The County Court does not have presiding Supreme Court rules and orders. The Chief Justice judges. appoints the judicial Members of the Minor Court b. Cbunty Court judges must be voters of their Rules Committee and is chairman of the Judicial counties and must have been residents of their dis- Conference (reference Table 29: Judicial councils tricts for 1 year preceding their election. and conferences). The-Supreme Court can assign c. County Court judges are selected in the same senior judges (retired justices of the Supreme manner and for the same term as Supreme Court jus- Court and retired judges of the Court of Appeals, tices by the voters of their respective districts. District Court,iCircuit Court, and Tax Court with Reference Section 1.4.c. 12 years or more service on the bench) and attor- [Const., Art. VI, S8] neys toCcourts as needed on a temporary basis. 4.5.3 Administration Reference Section 1.5:a. a. There are no provisions for presiding judges [0.R.S. SS1.002, 1.300, 1.510, 1.810] Jor the County Court. 5.2 Office of State Court Administrator b. There are no provisions for administrators a. There is no specific authorization for the for the County Court. Reference Section 5.2.b administrative office. (state-level administrator). b. State Court Administrator c. The elected county clerks are the clerks of (1) The position of State Court Administra- the County Court. There are no formal provisions tor is authorized by statute. for assigning administrative duties to the clerks. (2) There are no statutory or constitutional They have responsibilities as determined by their qualifications for the position of State Court respective courts. Administrator. In pracrice, experience as a prac- [Const., Art. VII, S15; O.R.S. S46.720] ticing attorney in the courts and as a presiding 4.6.3 Rule-makinl. Reference Section 1.6. judge as well as knowledge of state government and 'the legislative process are desired qualifications. 4.1.4 MUNICIPAL COURT. The.court sits in continu- The State Court Administrator is appointed by the ous session as required. Supreme Court or a majority of the justices. [0.R.S. S1.060] (3) The State Court Administrator acts es 4.2.4 Organization.Any incorporated city or town the administrator and serves as the clerk of the may have a Municipal Court, with divisions depen- Supreme Court and,the Court of Appeals. The admin- dent upon municipal ordinance. istrator is requirellto assist the Chief Justice in (0.R.S. S221.100) exercising his adminiserative authority and super- 4.3.4 Jurisdiction visiOn over the courts.' This authority includes a. The Municipal Court has jurisdiction over compiling data, conducting studies, issuing re- the regulations of incorporated cities and towns. ports, making recommendations, and issuing orders It hes concurrent jurisdiction with the Justice and concerning administrative methods and court busi- District Courts over state liquor law violations. ness in all courts except the Supreme Court and The court has concurrent jurisdiction with the Jus- Municipal Court; requirins reports from all courts tice Court over nonfelonious state traffic offenses except the Supreme Court; and taking such action within municipal boundaries. as is necessary to further the administration of

397 41 5 Figure 2:Oregon state-level administrative office ofthe courts, 1900

1:1Stt Court Secretary Adminitrator Assitance

Court of Supreme Court ....]Administrative SupremeCourtl..., Appeels lei liff Anl/st Calendar leiliff Clerk AD

Court of Business Appeals Case Records Assistant Manager

Calendar AdministrstorPOMO State Clerk I- Court Administrator

Stores Senior Records Clerk Clerk

Asistant for Secretary Judiciiil Asltant Assignments

Director of Secretary Records Public Assitant Clerk Information

Records Director of Secretary Clerk Judicial Asitant Sy tem Education Ana ly st

Records 1 Clerk Sytem Programmer ..... Superintendent Ana lyt

Records Clerk Programmer

Secretary Legal Director of Asitant Counsel Tril Court ,MP Management Se rvices -I Analyst

Asletant Appellate ,1-Asslitant E7Itor Report Editor

15upe rintendent ....__ Court Clerk of Planning 4 Information Field Liaison Analyt

dciecrtry

Secretary -1Assistant ...tSecretary

398 4 1'i; justice. The State Court Administrator can appoint b. Each judge pro tempore has the same author- appropriate administrative staff with the consent ity and duties as a regular judge of the court to and approval of the Supreme Court. which he Is assigned. A judge pro tempore, how- c. Office organization. The State Court Admin- ever, may not participate in the review of a case istrator selects the staff, with the consent and in which he was a participant while serving on a approval of the Supreme Court. The staff serves court of lesser jurisdiction. at ehe pleasure of the State Court Administrator. [0.R.S. §§1.600, 1.635, 1.6451, It tonsists of 15 people: 10 professionals and 5 clerical personnel. The task of the staff is to 6.1.3 JUSTICE COURT coordinate, study, plan, monitor, and assist the 6.2.3 Justice of the peace pro tempore trial courts as much as possible. They provide a. When a justice of the peace is temporarily support in the following areas: systems analysis, absent or incapacitated, the County Court may prograMming, and records management; payroll, appoint a justice of the peace pro tempore, who accounting, auditing, budgeting, and purchasing; must have the same qualifications as a regular jus- education, training, and publications; legislative, tice. If the absence is for more than 60 days, the executive, public, and media information, and leg- Governor intuit...appoint a qualified justice of the islative and executive liaison; statistical compi- peace pro tempore. lation, planning, research, statistical analysis, b. The justice of the peace pro tempore has the legal ervices, and legislative drafting. same authority and duties as the justice of the [0.R.S. §S1.002, 1.006, 2.560, 7.0, 8.110; peace for whom he is substituting. State Court Administrator] [0.R.S. 01.2601

Quasi-Judicial Officers 0 Judicial Discipline

6.1.1 ALL COURTS 7.1 Commission on Judicial Fitness. The commission 6.2.1 Referee is composed of three judges, appointed by the Su- a. Any court can appoint a referee. Each preme Court; three licensed attorneys, appointed referee must be qualified as a juror by statute. by the Board of Governors of the state bar; and Up to three referees may be selected for a case, three persons who are not judges or attorneys, either by the parties involved or by the court when appointed by the Governor and confirmed by the the judge in the case needs a finding of fact or Senate. information gathered. [0.R.S. §1.410] b. A referee may be appointed to try and report 7.2 Authority and procedure for sanction. Upon on the issues in a civil proceeding, execute an complaint of judicial misconduct, or the request order or judgment, or perform any other duties pre- of the Supreme Court, the commission conducts an scribed by statute. investigation. The commission may hold a private [0.R.S. §S17.705, 17.720, 17.725, 17.730, hearing unless the judge being investigated re- 17.735] quests it to be public. The judge is present and may be represented by counsel. He may present and 6.1.2 SUPREME COURT, COURT OF APPEALS, CIRCUIT cross examine witnesses. The commission maye- COURT, TAX COURT, DISTRICT COURT quest that the Supreme Court appoint three sp ial 6.2.2 Judge pro tempore masters to investigate and hold hearings in th a. The Supreme Court can appoint any eligible same manner as the commission. The commission re- person to e4rve as judge pro tempore for the above views all findings and conclusions of the inve courts whenever it determines the appointment is gation and makes an appropriate recommendation to reasonably necessary to promote efficient adminis- the Supreme Court. The court reviews the records, tration of justice. In order to be considered receives briefs, hears oral arguments, and makes eligible, that person must be a state resident and the decision for dismissal of the charge or cen- must have been f licensed attorney foe-3 years sure, suspension, or removal. pilor to appointment. The Supreme Court determines [0.R.S. §S1.420, 1.4301 the court to which appointment is made and the duration of the appointment.

4A7 399 Figure 1:Pennsylvania court system, 1980

SUPREME COURT 7 Justices Jurisdiction. - Hear, direct appeals in felonious homicide, right to Court of public office, probate or orphan, court matter., lamS. contempt case., and questions of constitutionality of reap lotatute. Other appeal, are discretionary. MsY ssume plenary prriediction over any matter in any court if itill an ion,. of immediate public interest. A UNOCKWEALTH COURT SUPERIOR COURT 9 Judges 7 Judges Jurisdiction: Jurisdiction: - Original Jurisdiction in civil action,involv- Exclusive appellate Juni.- ing the commonwealth or any of it. officer.. Constitutionality diction over Court of Comeon Intermediate - Criminal Jurisdiction involving violations of of statute.. Plea, except action, directly appellate adadnistrative rt/kes and regulations. Felonious homicide. appealable to the Supreme courts - Appeals from admiRietrativo agencies, local Right to public office, Court or Commonwealth Court. government, osinent domain, end nonprofit contempt, and probate. corporation netters. Jury trials for original Jurisdiction matters.

Non-profit =MEV corporation, COURTS OF COMMON PLEAS (59) government, 2115 Judge. and eminent _ domain netters. CIVIL DIVISION (in CRIMINAL DIVISION TRIAL DIVISION (in Philadelphia County) Allegheny County) (in Allegheny County) Jurisdiction: Jurisdiction: Jurisdiction: - Original Jurisdiction in all civil matters. - Law CASMI. - Criminal matter,. - Original Jurisdiction in criminal matters.

FAMILY COURT DIVISION (2) (in Allegheny ORPHANS' COURT DIVISION (20) and Philadelphia Counties) Jurisdiction. Gaurt of Jurisdiction: - Probate letter.. genersl - Domestic relation, (including desertion Jurisdiction or nonsupport of wives, children, and indigent parents, including children born out of wedlock). Habeas corpus for custody of children. Divorce, annulaent, and property matters relating thereto. Adoptions and delayed birth certificates. - Juvenile matters.

- All other courts exercise the smse Jurisdiction as is contained in the division of the court shown above, but have no internal divisions. Appeols de novo. Jury trials.

PHILADELPHIA MUNICIPAL COURT DISTRICT JUSTICE COURT (555) 22 Judges 555 Justice, of the peace Jurisdiction: Jurisdiction. - Landlord-tenant, assumpsit, and - Civil actions under $2,000. Landlord- trespass claims under $1,000. tenant matters. - Criminal offenses with les, than Criminal offense, with fine under 5-year imentonce. Preliminry hear- $590 and/or sentence up to 90 days. ings except for homicide and rape. Preliainry hearings in most felonies. Motor vehicle laws. - Some motor vehicle cases. No Jury trials. No jury trials.

Courts of limited No Community Courta have Jurisdiction been established to date.

PHILADELPHIA TRAFFIC COURT ['COMMUNITY COURT PITTSIURGH MAGISTRATES COURT 6 Judges 0 Judges 6 agistrates Jurisdiction. Jurisdiction: Jurisdiction: - Exclusive Jurisdiction - The establishment of Com- - Matters relating to the health, of all eummary offend,. nity Oaurt in a Judicial safety, or Imitate of any place of under the 'motor vehicle would supplant the human habitation. laws. District Justice Court or - Municipal ordinance violations, No jury trial. the Philadelphia Municipal preliminary hearings. Court and Traffic Court. I - Exclusive Jurisdiction over all The court would have Juris- summary offenses under the motor diction formerly exercised I vehicle Isms. by those courts. No JUry trials. -J

111k Indicates route of eppeal.

400 4 s PENNSYLVANIA

Court of Last Resort [Constitution, Article V4, Sections 3, 10, 12, 13, 14, 15; 42 Pa. C.S.A. 1325; Court 1.1 SWIM COURT. Court sessions are held ae Administrator] Philadelphia during Winter, spring, and fall; at 1.5 Administration Harrisburg during spring; and at-Pittsburgh daring a. The Supreme Court exercises administration spring and fall. and supervision over the entire court system [Office of the Court Administrator] through the Chief Justice; the Court Administra- 1.2 Organization. The Supreme Court does not sit tor; the president judges of the Superior Court, in panels or divisions. the Commonwealth Court, the Courts of Common Pleas, 1.3 Jurisdiction the Philadelphia Municipal Court, the Philadelphia a. The Supreme Court has original jurisdiction Traffic Court, and the Pittsburgh Magistrates in matters involving writs of habeas corpus, man- Court; administrative judges of the Courts of Com- damus, prohibition, and quo warranto. The court mon Pleas; and district court administrators. Ref- also has exclusive jurisdiction over matters re- erence Section 5.1 (General administrative author- lating to the practice of law. The court may as- ity). The Chief Justice is the chief administra- sume plenary jurisdiction over any matter pending tive officer of the Supreme Court and of the judi- before any court if it involves an issue of im- ciary of Pennsilvania; however, he has no specifi- mediate public importance. cally articulated duties with respect to the admin- b. The Supreme Court has exclusive jurisdic- istration of the Supreme Court. tion over appeals from the general trial courts, b. Reference Section 5.2.b (state-level i.e., the Court of Common Pleas, in the following administrator). matters: felonious homicide, direct criminal con- c. The prothonotary of the Supreme Court is tempt, supercession of a district attorney by an appointed by and serves at the pleasure of the Attorney General or by a court, the right to pub- court. There are no formal provisions for assign- lic office, decisions of the Orphans' Court Divi- ing administrative or supervisory duties to the sion, the right of the commonwealth or any of its prothonotary. subdivisions to create or issue indebtedness, and [42 Pa. C.S.A. 12301; Court Administrator] constitutional matters. The court has exclusive 1.6 Rule-making. The Supreme Court has the power jurisdiction over appeals from all final orders of to prescribe general rules of practice, procedure, the Commonwealth Court, entered as original deci- and the conduct of all courts. Laws that are in- sions in that court. A decision of the Board of consistent with such rules are suspended. Such Finance and Revenue may be appealed as of right to rules, however, must be consistent with the con- the Supreme Court from the Commonwealth Court. stitution and cannot abridge, enlarge: or modify The Supreme Court may review any decision of the the substantive rights of any litigant, nor sus- two intermediate appellate courts. pend or alter any statute of limitation or re- [42 Pennsylvania Consolidated Statutes Anno- pose. Rules cannot be promulgated,that affect the tated (hereinafter Pa. C.S.A.) Sections 721, right of the General Asaembly to determine the 722, 723, 724, 726] jurisdiction of any court. The Supreme Court has 1.4 Justices (7) the power to prescribe rules for the a4ministra- a. The Chief Justice is the justice longest in tion of all courts and supervision of,all officers continuous service on the court. If two or more of the judicial branch. juxtices assume office at the same time, they cast [Const., Art. V, 110]. iota for priority of commission. No specified term is set for positions filled by seniority. Intermediate Appellate Courts b. Supreme Court justices must have been residents of the commonwealth for at leait 1 year pre- 2.1.1 SUPERIPR COURT. Sessions of the Superior ceding their selection and ust remain residents. Court are held at the cities of H rrrrr burg, Philo- They ust be members of the bar of the Supreme delphia,.Piftsburgh, and elsewhere as prescribed Court and ust be at least 21 years old. by general ruLe or rule of court. Sessions.are c. Supreme Court justices are elected on par- held as often as its judgea deem necessary; there tisen ballots at the genera; election next preced- are no terms of court. Ang the commencement of their respective terms. 142 Pa. C.S.A. 11324, 5431 Justices serve 10.-year tem. After serving for 2.2.1 Organization. The Supreme Court has ordered full term, i justice ay file for retention elec- , that the courtsit in panels. However, panel de- tion on a non-partisan ballot, and, if retained, cisions may be reheard by,the court en banc if the serves for a regular term. A vacaay is firled by court so decides. A panel of three judges consti- gubernatorial appointment, with the approval 'of tutes a quorum. The prothonotary's offices of the Senate, except for interim term,until next each district of the Superior Court are located in (odd year) election. Philadelphia, H rrr i r burg, and Pittsburgh.

401 4 1_ [Pa. R.A.P. SS3102, 3502, 3721; Court exclusive appellate jurisdiction ittthe following Administrator] cases froarthe Courts of Common Pleas: 2.3.1 Jurisdiction (1) All criminal actions or proceedings for a. The Superior Court has original jurisdic- the violation of any rule, regulation, or order of tion in mandamus and prohibition to trial courts, any administrative agency. and writs of habeas corpus only where such actions (2) All civil actions to which the Common- are ancillary to those under appellate considera- wealth is a party, except actions or proceedings tion. in the nature of applications for a writ of habeas b. The Superior Court has exclusive appellate corpus or postconviction relief not ancillary to jurisdiction over final orders of the Courts of proceedings within the appellate jurisdiction of Common Pleas, except when such orders are witbin the court. the exclusive jurisdiction of the Supreme 94rt or (3) All appeals from administrative agen- the Commonwealth Court. cies of the Commonwealth authorized by act of the [42 Pa. C.S.A. SS741, 7421 General Assembly to be determined initially in the 2.4.1 Judges (7) Courts of Common Pleas. a. The court has a president judge who is the (4) All actions or proceedings where the judge longest in continuous service on the court. application, interpretation, or enforcement of any No specified term is set for positions filled by act of the General Assembly regulating the affairs seniority. of political. subdivisions, municipalities, and b. Superior Court judges are required to meet other Pocal authorities or other public corpora- the same qualifications as Supreme Court justices. tions or of the Officers, employees, or agents Reference Section 1.4.b. acting in their official capacity, or any home c. Superior Court judges are elected in the rule charter or local ordinance or resolution is same manner and for the same term as Supreme Court drawn into question. justices. Reference Section 1.4.c. (5) All appeals from local administrative [Pennsylvania Rules of Judicial Administration agencies under the Local Agency Law or otherwise. (hereinafter Pa. R.J.A.) 706; Court Administra- (6) All proceedings arising under the Emi- tor] nent Domain Code or where there is drawn into 2.5.1 Administration question the power or right of a condemnor to ap- a. The president judge supervises the judicial propriate the condemned property. business of the courts, promulgates all adminis- With certain limitations, the court has ex- trative rules and regulations, makes all judicial clusive jurisdiction over all appeals from admin- assignments, and assigns and reassigns available istrative agencies of the Commonwealth under the chambers and other physical facilities among the Administrative Agency Law including appeels from personnel of the courts. the Pennsylvania Public Utility Commission, the b. There is no provision for an administrator Unemployment Compensation Board of Reviey, and for t4 Superior Court. Reference Section 5.2.b from any department or agency having statewide (state-level administrator). jurisdiction. c. The Superior Court has the authority to ap- [42 Pa. C.S.A. SS562, 761, 762, 7631 poin't a prothonotary and deputy prothonotaries in 2.4.2 Judges (9) each location where the court sits. There are no a. The president judge is elected by the formal provisions for assigning administrative or judges of the court for a 5-year term. supervisory duties to prothonotaries. b. Commonwealth Court judges are required to f42 Pa. C.S.A. SS325(e), 2301; Court meet the same qualifications as Supreme Court jus- Administrator] tices. Reference Section 1.4.b. 2.6.1 Rule-making. The Rules of Appellate Prac- c. Commonwealth Court judges are selected in tice govern practice and procedure in the Superior the same manner and for the same term as Supreme Court. The court may make rules governing its Court justices, except that bipartisan membership practice so long as these rules are consistent is required in elections by statute. Reference with the Rules of Appellate Practice. Such rules Section 1.4.c. must be filed with the Administrative Office of [Const., Art. V, S4, 10; 42 Pa. C.S.A. S325; Pennsylvania Courts after adoption. Court Administrator] 142 Pa. C.S.A. 51722(A)(1); Pa. R.A.P. SS103, 2.5.2 Administration 104; Pa. R.J.A. 103; Court Administrator] a. The president judge performs the same administrative duties as does the president judge of 2.1.2 COMMONWEALTH COURT. Sessions of the court the Superior Court. Reference Section 2.5.1.a. are held at Harrisburg, the state capital. The b. There is no provision for an administrator court also sits in Philadelphia and Pittsburgh. for the Commonwealth Court. Reference Section Sessions are held as often as the judges of the 5.2.b (state-level administrator). court deem necessary. c. The Commonwealth Court has the authority to [42 Pa. C.S.A. SS324, 5631 appoint a prothonotary and deputy prothonotaries 2.2.2 Organization. The court way at its discre- in each location where the eourt sits. There are tion sit en banc or in panels, no formal provisions for assigning administrative [Pa. R.A.P. S37211 or supervisory duties to prothonotaries. 2.3.2 Jurisdiction Pa. R.J.A. 31111 a. The Commonwealth Court has exclusive juris- 2.6.2 Rule-making. The Commonwealth Court has the diction in civil actions_against the Commonwealth same rule-making authority as the Superior Court. and concurrent jurisdiction in actions by the Com- Reference Section 2.6.1. monwealth, except in eminent domain matters. The court havoriginal jurisdiction in cases of mania- Court of General Jurisdiction Taus and prohibition to trial courts when such actions are ancillary to matters before the court. 3.1 COURT OF COMMON PLEAS. The court meets in b. With the exception of those cases reserved regular session. for the Supreme Court, the Commonwealth Court has [42 Pa. C.S.A. S9111 402 tiU 3.2 Organization. There are 59 judicial districts; c. Court of Common Pleas judges are selected in 51 are single county districts and 8 have 2 coun- the same manner and for the same term as Supreme ties per district. Sessions of the court are held Court justices. Reference Section 1.4.c. at each county seat. Specialized divisions of the (Const., Art. V, 1110, 12; 42 Pa. C.S.A. 13251 court are created as required. For example, the 3.5 Administration courts in the two major population centers of the a. Whereas there is no provision for a chief commonwealth are constitutionally divided into the judge over all the Courts of Common Pleas, each following divisions, unless changed by law: the Court of Common Pleas district has a president Court of Common Pleas of Allegheny County, which judge. In courts with more than one division, the consists of Civil, CriMinal, Orphans', and Family president judge may make temporary divisional re- Divisions; and the Court of Common Pleas of Phila- assignments. Each division of a court having delphia Countyl, which consists of Trial, Orphans', three or more divisions is presided over by an ad- and Family Divisions. Separate Orphans' Court ministrative judge, who assists the president Divisions exist in 18 additional Courts of Common ;udge in supervising and administering the busi- Pleas. ness of the court. Reference Section 4.5.5.a. (Const., Schedule to Judiciary Article V, b. There is no provision for an administrator 1116, 17; 42 Pa. C.S.A. 1911, Court over all the Courts of Common Pleas. Subject to Administrator] the approval of the Supreme Court, the state Court 3.3 Jurisdiction Administrator (reference Section 5.2.b) is empow- a. The Civil Division of the Court of Common ered to appoint district court administrators, who Pleas in Allegheny County handles cases of law. serve the individual districts. At present there The Criminal Division in Allegheny County are 44 district court administrators. This ap- handles all criminal matters, both felony and mis- pointment authority has been delegated to the demeanor. president judge of the judicial district. The The Trial Division in Philadelphia handles duties of district court administrators include the sime cases as are handled in the Civil and the following:

Criminal Divisions in the court in Allegheny County ( 1) Implementat}on of policies set by the except for criminal misdemeanors which are heard Court Administrator. in the Philadelphia Municipal Court. ( 2) Assistance to the Office of the Court Through the Family Court Divisions, the Administrator in setting statewide policy.

Court of Common Pleas has jurisdiction over such ( 3) Preparation, submission, and manage- matters as domestic relations, including desertion ment of the court's budget. or nonsupport of wives; children and indigent par- ( 4) Recruiting, hiring, training, evalua- ents, including children born out of wedlock; pro- ting, and monitoring personnel of the court. ceedings including habeas corpus, for custody of ( 5) Management of space, equipment, and children; Ivoe and annulment, and property mat- facilities of the court. ter e ing hereto. Through the Family Court ( 6) Dissemination of information concern- Division, the Court of Common Pleas also has juris- ing, or of interest to, the court. diction over uvenile matters, including all mat- ( 7) Procurement of supplies and services. ters formerly ithin the jurisdiction of the Juve- ( 8) Custody and disbursement authority nile Court, an adoptions and delayed birth certi- over court funds. ficates. ( 9) Preparation of reports. The Or harks' Court Division handles probate (10) Jury management. matters. (11) Study and improvement of'easeflow, In ourts that do not have specialized divi- time standards, and calendaring. sions, al of the above jurisdictions are handled (12) Mechanization and computerization of by thb c rt as a whole. court operations, where feasible. b. e Court of Common Pleas has appellate jur- (13) Responsibility for the assignment, isdiction over final orders of specified government listing, and disposition of all arbitration agencies, exclusive appellate jurisdiction over matters. orders of the minor judiciary, and power to issue (14) General supervision of the minor ju- writs of certiorari to the minor judiciary. diciary system of the district. [C st., Art. V,15; 42 Pa. C.S.A. 11931, 932, c. Most Courts of Common Pleas are served by two elected clerks. The prothonotary handles the es (285) civil docket, while the clerk of Court handles the

. There is no provision for a chief judge criminal docket. There are no formal provisions over all the judicial districts. There is, how- for assigning administrative or supervisory duties ever, a president judge for each district. Presi- to the clerks. dent judges of courts with seven or fewer judges (Pa. R.J.A., 503, 702, 706; Supreme Court are determined by seniority. In all other courts, Order, dated December 9, 1975; 1975 Re_ROrt, the president judge is selected by peer vote. In , p. 23; Couit Administrator] the vent of a tie vote, one of-the two judges 3.6 Rule-vtaking. The Court of Common Pleas h s receiving the highest number of votes is appointed authority to establish rules regulating prac ice president judge by the Supreme Court. No speci- and expediting'proceedings so long as they are not fied term is set for those positions filled by inconsistent with the general rules of the Supreme seniority. President judges who are elected by Court. their peers serve 5-year terms. (42 Pa. C.S.A. 1323; Pa. R.J.A., 103, 1900 b. Court of Common Pleas judges must be members of the bar. For period of1 year preceding Courts of Limited or Special Jurisdiction ' their election or appointment and during their continuance in office, they must have resided 4.1.1 COMMUNITY COU1T. The Community Court has no within their respective districts. established terms.

403 4 21 4.

4.2.1 Organization. No Community Court has been b. The Municipal Court has no appellate juris- established to date. A Community Court may be es- diction. tablished in any judicial district by a ajority 142 Pa. C.S.A. 111123, 1123(a)(2), Pennsyl- of the voters. The legislature may establish di- vania Rules of Criminal Procedure (hereinafter visions of the court as required. Pa. R. Crim. P.), Chapter 6000] [Const., Art. V, 161 4.4.2 Judges (22) 4.3.1 Jurisdiction a. The president judge is elected by the a.-The establishment of a Community Cdurt in a judges of the Municipal Court. (In 1918, when the judicial district would supplant the District Jus- last non-lawyer judge left the Municipal Court tices or the Philadelphia Municipal Court and bench, the court's president judge could be, and Philadelphia Traffic Court. (It would not supplant was, selected by election of the court's members the Pittsburgh Magistrates Court.) The court would rather than appointed by the president judge of have jurisdiction formerly exercised by these the Court of Common Pleas of Philadelphia.) The courts in the particular judicial district in which administrative head of the Municipal Court serves a it was estsh11shed (reference Sections 4.3;2.a, 5-year term. 4.).3.a, and 4.3.5.a). b. Municipal Court judges must meet the same b. The Community Court has no appellate qualifications as Court of Common Pleas judges. jurisdiction. They must also be admitted to the Pennsylvania Bar. 142 Pa. C.S.A. 111051 Reference Section 3.4.b. 4.4.1 Judges (0) c. Municipal Court judges are selected in the a. President judges are selected in the same same manner as Sup)Fme Court justices. Reference manner and for the same term as president judges Section I.4.c. Af er serving 6-year terms, they in Court of Common Pleas. Reference Section 3.4.a. can file for an unopposed retention election. b. Community Court judges must be United States [Const., Art. V, 1115, I6(h), Pa. R.J.A. 706; citizens and must be residents of the geographical Court Administrator] jurisdiction they serve. 4.5.2 Administration c. Community Court judgea are selected in the a. The Philadelphia Municipal Court president same manner and for the same term as Supreme Court judge performs the same administrative duties as a justices. Reference Section I.4.c. president judge of the Superior Court. Reference 4.5.1 Administration Section 2.5.a. a. Community Court president judges perform b. There is no provision for an administrator the same administrative duties as Superior Court for the Philadelphia Municipal Court. Reference president judges. Reference Section 2.5.a. Section 3.5.b.(14). b. There are no provisions for administrators c. Clerks are appointed by the court. There for the Community Court. Reference Section are no formal provisions for assigning administrative or supervisory duties to the clerks. c. The clerk of the Community Court has re- 142 Pa. C.S.A. 123011 sponsibilities as determined by the court. 4.6.2 Rule-making. Every court has power to make Rule-makinf. Each court may make rules of such rules and orders of court as the interest of court governing its practice so long as the rules justice or the business of the iourt may require, are not inconsistent with the general rules of the provided they are consistent with the general Supreme Court. The president judge of each court rules of the Supreme Court. The Municipal Court may promulgate administrative rules and regula- has the power to promulgate administrative rules tions. and regulations. 142 Pa. C.S.A. 1323; Pa. R.J.A. 1031 (42 Pa. C.S.A. 13231

4.1.2 PHILADELPHIA MUNICIPAL COURT. The Philadel- 4.1.3 PHILADELPHIA TRAFFIC COURT. Sessions of the phia Municipal Court is in session as often as its Philadelphia Traffic Court are held as its judges judges deem necessary and proper. deem necessary and proper. 142 Pa. C.S.A. 1324] 142 Pa. C.S.A. 11324, 1332; Court 4.2.2 Organization. Court is held at such loca- Administrator] tions within the First Judicial District as ap- 4.2.3 Organization. The Philadelphia Traffic Court proved by the president judge. The process of the (which serves the City and County of Philadelphia) court extends beyond the territorial limits of the is a constitutionally established court. There are City and County of Philadelphia to the extent nec- no specialized divisions of the CQUTZ. essary by general rule. There are no specialized [Const., Art. V., 111, 6; 42 Pa. C.S.A. divisions of the Municipal Court. 111301, 1302, 1321, 13311 142 Pa. C.S.A. 111122, 1123; Court 4,3,3 Jurisdiction Administrator] a. The Traffic Court has jurisdiction over all 4.3.2 Jurisdiction summary offenses arising under the State Vehicle a. The Municipal Court has jurisdiction inthe Code and also over violations of all ordinances following atters: committing agistrate's juris- enacted pursuant to that code. This jurisdiction diction in all criminal atters; all criminal of- is exclusive in Philadelphia. fenses with aaximum prison sentence of 5 years, b, The Philadelphia Traffic Court has no appel- including indictable offenses under the vehicle late jurisdiction. laws; ummary offenses involving aximum jail [42 Pa. C.S.A. 111302, 1321] sentence of 90 days, except those within the ju- 4.4.3 Judges (6) risdiction taf the Philadelphia Traffic Court; com- a. The president judges are appointed by and issioner's jurisdiction to preside at arraign- serve at the pleasure of the Governor. ments, fix and accept bail, and issue warrants; b. Philadelphia Traffic Court judges must be landlord-tenant cases; civil cases involving $1,000 United States citizens and must hove reisided in or less, in assumpsit, trespass; orfor fines and the city for at least1 year prior to assuming penalties by any government agency. office.

404 4 r) 9 c. Philadelphia Traffic Court judges aro elect- c. Clerks are appointed by the court. There ed. After erving 6-year terms, they can file for are no formal provisions for assigning administra- an unopposed retention election. tive or upervisory duties to the clerks. [Const., Art. V, §§10, 12, 13, 15; 42 Pa. [Const., Art. V, §10; 42 Pa. C.S.A. 52301; C.S.A. §2131 to §2135] Presiding Magistrate] 4.5.3 Administration 4.6.4 Rule-making. The Pittsburgh Magistrates a. Each multi-judge Traffic Court is required Court has the same rule-making authority as the to have a president judge. Traffic Court presi- Philadelphia Traffic Court. Reference Section dent judges perform the same duties as Superior 4.6.3. Court president judges. Reference Section 2.5.a. b. There are no provisions for administrators 4.1.5 DISTRICT JUSTICE COURT (all counties except for the Traffic Court. Reference Section Philadelphia). The Diotrict Justice Court meets 3.5.b.(14). in facilities provided by the county. Its c. Clerks are appointed by the court. There sessions are generally suited to the volume of are no formal provisions for assigning administra- work in its magisterial district and to its tive or supervisory duties to the clerks. convenience, except that one distrist judge is [Const., Art. V, §10; 42 Pa. C.S.A. 52301] available at all times in each district. 4.6.3 Rule-making. Traffic Courts may promulgate [42 Pa. C.S.A. 51514; Pa. R. Crim. P., 23(a)] procedural rules, provided that they are consis- 4.2.5 Organization. Magisterial districts are de- tent with Supreme Court rules. The president termined by a statutory formula based on popula- judge of a Traffic Court may promulgate adminis- tion and population density. In every year fol- trative rules and regulations. lowing the federal census, the number, boundaries, 142 Pa. C.S.A. 5323; P. R.J.A. 103] and classes of magisterial districts are reestab- lished by the Supreme Court, or by the Court of 4.1.4 PITTSBURGH MAGISTRATES COURT. The Pittsburgh Common Pleas of the district under the direction Magistrate Court, with magistrates serving by as- of the Supreme Court. There are no specialized signment, is open at such times as are designated divisions of the court. by Pittsburgh city ordinance or prescribed by gen- [42 P. C.S.A. 51503] eral rule. (Reference Section 4.3.,5.a) 4.3.5 Jurisdiction 142 P. C.S.A. 5324] a. Except as otherwise provided, district jus- 4.2.4 Organization. The Pittsburgh Magistrates tices have jurisdiction in summary offenses, ex- Court is established by law. Court locations are cept those within the jurisdiction of a Traffic designated by city ordinance. There are no provi- Court; in landlord-tenant matters; and in civil sions for specialized divisions of the court. When claims of $2,000 or less, in assumpsit, trespass; hearing traffic cases, this court is known as the and fines and penalties by any government agency. Pittsburgh Traffic Magistrates Court. They also preside at arraignments, fix and accept [42 Pa. C.S.A. §1331] bail, and perform similar duties. District jus- 4.3.4 Jurisdiction tices may hear most misdemeanors of the third

a. The Pittsburgh Magistrates Court has juris- class, if the defendant pleads guilty, personal . diction over all ordinance violations. When sit- injury and/or property damage is less thsn $100, ting as Traffic Court, it has jurisdiction over and the misdemeanor is not a result of recluced all summary offenses arising under the Vehicle charge. Code. Its civil jurisdiction extends to those b. The DistYict Justice Court has no appellate claims for the recovery of fines and penalties im- jurisdiction. posed by ordinance. It may also hold preliminary [42 Pa. C.S.A. §1515(a)] hearings and commit to jail, bind over for trial, 4.4.5 Judges (555) or discharge the accused person. When the Pitts- a. The District Justice Court does not have a burgh Traffic Magistrates Court is closed, the presiding judge. District Justice Court in Pittsburgh has concurrent b. District justices must meet the same quali- jurisdiction over traffic and ordinance violations. fications as Traffic Court judges. Reference Sec- b. The Pittsburgh Magistrates Court has no ap- tion 4.4.3.b. pellate jurisdiction. c. District justices are selected in the same , [42 P. C.S.A. §1143] manner as Supreme Court justices. Reference Sec- 4.4.4 Judges (6) tion 1.4.c. After serving 6-year terms, they may a. The president judge of Pittsburgh Magis- not, however, file for a retention election, but trates Court is designated by the mayor for a 4- must run in bi-partisan election for a new year term. 6-year term. b. Pittsburgh Magistrates Court judges must [Const., Art. V, S15; Court Administrator] meet the same qualifications se Traffic Court 4.5.5 Administration judges. Reference,Section 4.4.3.b. In addition, a. There are no provisions for presiding the judges cannot all be of the same party. judges for the District Justice Court. The presi- c. Pittsburgh Magistrates Court judges are ap- dent judge of the Court of Common Pleas exercises pointed by the mayor with the approval of the City general supervision and administrative control Council. Judges serve for the term 4of the appoint- over justices of the peace and constables within ing mayor, (4 years). his judicial district. [42 Pa. C.S.A. 551331, 1332(d), 3152; Court b. There are no provisions for administrators Administrator] for the District Justice Court; however, the stat'e 4.5.4 Administration Court Administrator im empowered to appoint dis- a. As a multi-judge court, the Pittsburgh Mag- trict court administrators. The administrator/ istrates Court has a presiding magistrate. coordinators who are appointed are responsible for b. There is no provision for an administrator the general supervision of the minor judiciary for the Pittsburgh Traffic Court. Reference Sec- system of the district. Reference Section tion 3.5.b.(14). 3.5.b.(14).

405 of required c. Clerks are appointed by the court. There nancial information and preparation are no formal provisions forassigning administra- reports. The Court Administrator also serves as the tive duties to the clerks. officer of the [42 Pa. C.S.A. S2301; Rules Governing Stan- secretary and chief administrative Reference Table 29: Judicial dards of Conduct of Justices of the Peace, No. Judicial Council. 17; Court Administrator] councils and conferences. The office has its The Supreme Court has the c. Office organization. 4.6.5 Rule-making. However, its fiscal power to prescribe general rulesgoverning prac- headquarters in Philadelphia. The Administra- tice, procedure, and the conduct of DistrictJus- office is located in Harrisburg. tive Offiee of the Pennsylvania Courts consistsof tice Courts. 27 professionals (including the Court [Const., Art. V, S10] 52 people: Administrator) and 25 clerical personnel. The professional staff provides support services in State-Level Administration the following areas: systems analysis, programming, and computer operations; court coordination, 5.1 General adminigiratVe authority.The Supreme facilities management, and other court services; Court exercises general supervisory andadminis- trative authority over all the courts andjustices payroll, accounting, and budgeting; education and temporarily training; personnel systems and office management; of the peace, including authority to informa- assign judges and justices of the peace from one legislative, executive, public, and media tion; legislative and executive liaison; andplan- court or district to another. In addition, the Supreme Court may delegate supervisory andadmin- ning and research activities including statistical istrative powers, appoint and remove district compilation, judicial planning, research, statis- personnel, and pro- tical analysis, and legal services. Legal counsel court administrators,and other repreien- vide for the assignment of classes of matters to the Court Administrator provides legal tation for state judges if they are sued intheir among the courts. The Chief Justice, with the as- The department also monitors sistanc6 of the State Court Administrator,assigns official capacity. legislation in terms of its effect on the judicial retired judges to temporary service. The Chief Justice and the Governor jointly approve thesite, branch and its relationship to present statutory character, quantity, and methods of distribution law. The legal staff consists of two full-time students. of the various publications to be printedfor the attorneys and several part-time law [Const., Art. V, SSIO, 10(b); Pa. R.J.A.302, use of the judicial department.The Chief Justice 501, 502, 504; 1975 Report, p. 13; 42 Pa. C.S. presides over the trial of any contestedelection of the Governor or lieutenant governor. Reference 1902; Court Administrator] Section 1.5.a. [Const., Art. IV, S17, Art. V,S10; 42 Pa. Quasi-Judicial Officers C.S.A. S503; 71 Pennsylvania StatutesS636; Pa. R.J.A., 503, 701] 6..1.1 TRIAL CQURTS 6.2.1 Master a. Qualifications and selection areleft to 5.2 Office of the Court Administritor the discretion of the appointing court. a. The Administrative Officeof the Pennsyl- b. Duties are left to the discretion of the vania Courts is established bY theconstitution. appointing court. b. Court Administrator (1) The Court Administrator is a constitu- [Divorce Act 26-A, 19801 tional officer. (2) Formal qualifications for the CourtAd- 6.1.2 TRIAL COURTS ministrator have not been prescribed by statute or 6.2.2 Commissioner a. Qualifications and selection areleft to court rule. The Court Administrator is appointed the discretion of the appointing court. by the Supreme Court. He serves 'at the pleasure b. Duties are left to the discretion of the of the court. (3) Under the supervision of the Supreme appointing court. Court, and to a certain extent the JudicialCoun- [Court Administrator] cil, the Court Administrator performs thefollow- 6.1.3 TRIAL COURTS ing funtrions: (a) Maintenance of centralized person- 6.2.3 Referee a. Qualifications and selection areleft to nel records for state-paid court personnel. the discretion of the appointing court. (b) Financial administration of the judicial system, including budget preparationand b. Duties are left to the discretion of the appointing court. presentation. (c) Management of the system's educa- [Court Administrator] tional and.training programs. 6.1.4 TRIAL COURTS (d) Supervision of administrative and business Setters relating to offices ofprothono- 6.2.4 Arbitrator a. Arbitrators must be attorneys. Any further taries and clerks, including the institutionof qualifications are imposed by local rule. In most uniform proce4ures. counties, arbitrators are selected from listsof (e) Review of the operations of the volunteers, eithet randomly or by alphabet. system and submiesion of recommendationsfor b. Arbitrators determine disputes in arbitra- change. tion. The monetary amount varies between$2,000 (f) Representation of the judicial system before the General Assembly. and $20,000. [42 Pa. C.S.A. S7361; Court Administrator] (g) Collection of statistical and fi-

406

4r) Figure 2: Pennsylvania state-level administrative officeof the courts, 1980

Stets Court Administrator

Special Director of Aasiatant, Internal Government Management Relations

Common Pilule Office Manager Education and Manager of Data Liaison Processing

Director of Director of Director of Planning end Administrative Special Courts Development Services Administration

LEAA Grant Coordinator tCoordlnator Docket Transcript Records Atcoueting Payroll of District Constable Moniter Judge Affairs Affairs Records Management

Appellate bistrict Education Statistics Records/ Justice Office, and Semefits Personnel Judicial Accounting District Judie Evaluation Assignments Service. and Constable Judicial Discipline the Governor for good cause, after due notice and full hearing, on addresi of two-thirds of the 7.1-Judicial Inquiry and Review Board. The Judi- Senate. The Supreme Court may order the suspen- cial Inquiry and Review Board has nine members: sion, removal, discipline, or compulsory retire- three judges of the Court of Common Pleas and two ment of any judge following a hearing by the Judi- judges of the Superior Court, all appointed by the cial Inquiry And Review Boird. The board investi- Supreme Court; two nonjudge members of the bar, ap- gates complaints concerning justices or judges and pointed by the Governor; and two nonlawyer voters, may conduct a hearing following'the investiga- appointed by the Governor. tion. If it finds cause, the board recommends to fConst., Art. V, S181 .the Supreme Court the suspension, removal, discipline, or compulsory retirement of the justice or 7.2 Authority and.Procedure for Sanction. Judges judge. The Supreme Court may hear additional evi- may be impeached for isbehavior in office. dence before issuing its order. Judges of courts not of record can be yedrb;%- (Const., Art. V, SS8, 18, Art. VI, SS6, 7]

4Ik

490

408 Nis 4

RHODE ISLAND

Court of Last Resort. mal provisions for assigning administrative duties to the clerk. He supervises a chief deputy and two 1.1 SUPREME COURT. The court sits in Providence, appeals tlerks and has responsibilities as deter- but may hold sessions at other places in the state. mined by the court. The court is in session from the first Monday of (G.L.R.I. $18-4-1, 8-4-2, 8-15-2; State Court October until the second Monday of July, and at Administrator) other times as the court deems proper. 1.6 Rule-making. By statute, the Supreme Court, [General Laws of Rhode Island, 1956, (herein- Superior Court, Family Court, and the District after G.L.R.I.) Section 8-7-11 Court have the power to make rules for regulating 1.2 Organization. The Supreme Court does not sit practice and procedure therein. These rules are in panels.- subject to approval of the Supreme Court and, when 1.3 Jurisdiction in effect, supersede any statutory regulations that a. The Supreme Court is empowered to issue pre- may conflict. The Supreme Court is also empowered rogative writs and has other original jurisdiction to make rules for regulating the business of the as granted by law. The court must rule on any court. The Supreme Court does not make administra- question of law when requested by the Governor or tive rules for other courts. either house of the General Assembly. [C.L.R.I. 18-6-2; State Court Administrator) b. The Supreme Court has final revisory and appellate jurisdiction over all questions of law Intermediate Appellate Court and equity. The court has jurisdiction in petitions for trials and new trials, appeals and certi- 2.0 There is no intermediate appellate court in fications to the court, and in special cases in Rhode Island.

which parties having adversary interests concur in , stating questions for the opinion of the court. Court of General Jurisdiction [Constitution,, Article XII, Sections 1, 1.2; G.L.R.I. 18-1-21 4 3.1 SUPERIOR COURT. The court sits in Providence 1.4 Justices (5) and Bristol Counties (which is considered one ju- a. The Chief Justice is appointed by the state dicial jurisdiction), Newport, Kent, and Washington legislature and serves an indefinite term. Counties. Terms are defined by statute. ,b. Supreme Court justices must be citizens of [G.L.R.I. IS8-2-3, 8-2-12, 8-7-21 the United States, must be at least 21 years of 3.2 Organization. The Superior Court sits in four

age, and must have been a state resident for 2 . locations. years. [G.L.R.I. 18-2-121 c. Supreme Court justices are appointed by the 3.3 Jurisdiction state legislature in grand committee and hold a. The Superior Court has Original jurisdiction office until their offices are declared vacant by in all crimes, misdemeanors, and offensei, except a majority resolution of the General Assembly. as otherwise provided by law. All indictments [Const., Art. X,141 found by grand juries are returned to the Superior 1.5 Administration Court. The court has original civil jurisdiction a. The Chief Justice is the executive head of in actions involving real estate and in cases.where the judicial system. He exercises administrative the amount in controversy exceeds a dollar amount supervision over the entire court system through of $5,000. the State Court Administrator; the presiding jus- b. The SuperioV Court has appellafe jurisdic- tice and the administrative Clerk of the Superior tion as provided by law. The court hears appeals Court; the chief judge, administrative judge, and from theDistrict and Probate Courts. administrator of the Family Court; and the chief [G.L.R.I. 118-2-14, 8-2-15, 8-2-171 judge and administrative assistant of the District 3.4Justices (19) Court. Reference Section 5.1 (General administra- a. The presiding justice over all the Superior tive authority). The Chief Justice has administra- Courts is appointed.by the Governor and confirmed tive duties to perform for the Supreme Court; how- by the legislature, and serves indefinitely during ever, the individual justices retain complete good Behavior. There are no provisions for pre- authority over their law clerks and secretaries. siding justices for the individual Superior Courts. b. Reference Section 5.2.b (state-level admin- b, Superior Court justices must be citizens of istrator). the United States, must be admitted to the Rhode c. The position of clerk of the Supreme Court Island Bar, and must be at least 21 years of age. is authorized by statute. The clerk is appointed c. Superior Court justices are appointed by the by the Governor, with the advice and consent of the Governor, subject to legislative confirmation, to Senate, and serves a 5-year term. There are no fill vacancies in the court, and serve indefinitely formal qualifications for the position and no for- during good behavior.

409 4 27 Figure 1:Rhode island cOurt system, 1980

stleftliMI MUM' 1Court of 5 justices last Jurisdiction: resort Final civil and criminal appellate jurisdiction.

5 RIOR COURT (4) 1! justices Jurisdiction: 1 Court of Civil actions over $5,000, equity, condem- general nations, and nisi estate setters. jurisdiction I Exclusive jurisdiction in flony etters: Certiorari Misdemeanors and extradition matters. review Appeals da novo. Jury trials.

1 11111, DISTRICT COURT (N) !FAMILY COURT 11 judges 13 judges Jurisdiction: Jurisdiction: - Domestic relations, adoption, non- - Civil actions under $5,000, smell support, and paternity. claims under $500, mental health, and - Adult crimes against juveniles. housing code violation.. - Municipal ordinance violations, misde- - Juvenile delinquency, dependency, and mental health. meanors, and preliminary hearing.. Adldnistrative agency appeals. - Traffic setters. Ns jury trials. , Courts of limited jurisdiction

+ ., PROBATE COURT (3,7 V MUNICIPAL COURT (3) 3$ part-time judges 5 part-time judses Jurisdiction: Jurisdiction: - Original jurisdiction in municipal - Estate cases, adult guardianship, 4 settlement of claim., and jurisdic- ordinance violationa. tion in all general probate matters. - Traffic netters, including parking violations. No jury trials. =MM.

tIndicates routs of appeal.

Ilk

i3eS 10-2-2; State Court Administrator) (C.L.R.I. i8-10-11; Courts of Limited Jurisdic- 3.5 Administrat* tion, p. 323; State Court Administrator] a. The presiding justice over all the Superior 4.5.1 Administration Courts is the administrative head of the Superior a. The chief judge has supervisory control of Court and haw control of court calendars and the calendars and the assignment of judges. All court assignment of justices. The presiding justice is personnel are responsible to the chief judge. The also responstble for the collection of court sta- administrative judge assists the chief judge with tistics and has general supervisory control over court administration. all court stenographers and secretaries. He is b. The position of admtnistrator is authorized responsible for maktng recommendations to the Chief by statute. The chtef judge of the Family Court Justice regarding any matters concerning the Supe- appoints an individual to serve at his pleasure. rtor and District Courts. There are no provisions The administrator prepares the court budget, for presiding justices for the individual Superior collects statisttcs and prepares the annual report, Courts. supervises court staff and all fiscal matters, and 6. The positton of administrative clerk over performs duties as assigned by the chief judge. all the Superior Courts ts authorized by statute. T6ere are no provistons for administrators for the The administrattve clerk performs duties as as- indtvtdual Family Courts. signed by the presiding justice. There are no pro- c. The office of Family Court clerk is Incor- visions for admintstrators for the individual Supe- porated in the office of Family Court administra- rior Courts. tor. c. Clerks of the Superior Court are appointed LG.L.R.I. SS8-10-14, 8-10-15; State Court by the Governor to 5-year terms. There are no* Administrator] formal provisions for assigning administrative 4.6.1 Rule-makina. The Famtly Court may make rules duties to the clerk. Each of the clerks supervises for the regulation of practice, procedure, and the a number of deputy and assistant clerks and has re- business of the court, subject to the approval of sponsibilities as determined by his respective the Supreme Court. These rules supersede any court. statutory regulations that may conflict. IG.L.R.I. S18-2-4, 8-2-6, 8-2-11; State Court IG.L.R.I. S8-6-2] Administrator] 3.6 Rule-makin&. The Superior Court may make rules 4.1.2 DISTRICT COURT. The court sits in continuous for the regulation of practice, procedure, and the session for the transaction of business. business of the court, subject to the approval of IG.L.R.I. S8-8-131 the Supreme Court. These rules supersede any stat- 4.2.2 Organtzation. The seat of court for each utory regulations that may confltct. district is determined by the chief judge. The [G.L.R.I. S8-6-2] state ts divided into eight geographical divisions. There are no specialized divisions of the court. Courts of Limited or Special Jurtsdictton (G.L.R.I. S8-8-2] 4.3.2 Jurisdtction 4.1.1 FAMILY COURT. The Family Court sits in con- a. The Diatrict Court has jurtsdiction as may tinuous session. be conferred by law over offenses against the IG.L.R.I. SS8-7-10, 8-10-24] ordinances of cittes and towns. It has original 4.2.1 Organization.There are no geographtcal jurtadiction over offenses punishable by a ftne not divisions of the Family Court. Each Family Court exceeoring $500 or by imprtsonment not exceedtng 1 has an intake department to receive applications year. The court also has jurisdiction over all and complatnts relating to juvenile matters and to cases at law where the amount in controversy does conduct investigations and report findings to the not exceed a dollar amount of $5,000. In addition, court. The unit reviews the situation of juveniles the Distrtct Court has jurisdiction tn actions for before the court makes a determination regarding possession of tenements or estates let, and in detention. actions of replevin tnvolving a dollar amount less (G.L.R.I. S18-10-17, 8-10-22] than $5,000. The court has no jurisdiction in 4.3.1 Jurisdiction cases of equtty but may tssue writs of habeas a. The Family Court has jurtsdiction in all corpus. petitions for divorce, support and alimony matters, b. The District Court has appellate juris- and child custody disputes. The court also has diction over certain administrative agency deci- jurisdiction over delinquent juveniles, neglected stons. or mentally defective children, paternity disputes, (G.L.R.I. ii8-8-3, 8-8-4, 12-3-1, 42-35-151 and adoptiohs. 4.4.2 Judges (13) b. The Family Court has no appellate jurisdic- a. The Governor appoints the chief judge over tion. all the districts of the District Court with the (G.L.R.I. 18-10-3] advice and consent of the Senate. The appointment 4.4.1 Judges (ll) is for life. There are no provisions for chief a. The Governor appoints the chief judge over judges for the individual districts. all the Family Courts and submits the appointment b. District Court judges must be members of the to the Senate for confirmation. The appointment state bar. is for life. The chief judge designates one member c. astrict Court judges are appointed by the of the court as administrative judge. Governor with the advice and consent of the Senate. b. Family Court judges must be citizens of the They hold office for life during good behavior. United States and must be at least 21 years old. IG.L.R.I. S8-8-7; State Court Administrator] c. Family Court judges are appointed by the 4.5.2 Administration Governor, who submits the appointment to the Senate a. The chief judge of the District Court must for confirmation. Judges hold office for life report annually to the Chief Justice of the Supreme during good behavior. Court regarding the business of the court. He pre-

411 4 2R sides over the District Court Conference (a yearly 4.5.3 Administration presiding judges meeting of all District Court judges), supervises a. There are no provisions for the collection and publication of court statistics, for the Probate Court. assigns vacations for District Court judges, and b. There are no provisions for administrators Reference Section 5.2.b assigns judges to serve in divisions. The chief for the Probate Court. judge is responsible for promulgating rules (state-level administrator). c. The town or city clerks act as clerks of the relating to licensed constables. There are no provisions for chief judges for the individual Probate Court. The clerks have no formal administrative responsibilities or informal supervisory districts. b. There is an administrative assistant duties. appointed by the chief judge under the general [G.L.R.I. 18-9-6; State Court Administrator] General laws dictate the pro- statutory provisions on internal court administra- 4.6.3 Rule-making. cedure for the Probate Court, but the individual tion. He exercises authority as delegated by the cities and towns are allowed considerable liberty chief judge. There are no provisions for administrators for the individual districts. in making rules for the Probate Court. c. The position of chief clerk of the District [G.L.R.I. 118-9-1, 8-9-21 Court is authorized by statute. The chief clerk has general supervisory power over all the clerks 4.1.4 MUNICIPAL COURT. The Municipal Court in Municipal of the court and is responsible to the chief judge Providence sits in continuous session. for the proper and efficient operation of the Courts outside of Providence meet once a week or court. The chief clerk may transfer clerks when once every other week. necessary, and must systematize all record keeping [State Court Administrator] Municipal Courts are esfab- throughout the court. The collection of court 4.2.4 Organization. statistics is a responsibility of the chief clerk. lished by Home Rule Charter in the cities of [G.L.R.I. 118-8-12, 8-8-15, 8-8-19, 8-8-21, Providence and Pawtucket. A Municipal Court is 8 15-6; State Court Administrator] also authorized in Warwick County. 4.6.2 Rule-making. The District Court may make [G.L.R.I. 145-2-191 rules for the regulation of practice, procedure, 4.3.4 Jurisdiction jurisdic- and the business of the court, subject to the a. The Municipal Court has original The court approval of the Supreme Court. These rules super- tion in municipal ordinance violations. sede any statutory regulations that may conflict. primarily handles parking violations. [G.L.R.I. 68-6-21 b. The Municipal Court has no appellate jurisdiction. A National 4.1.3 PROBATE COURT. Terms of the Probate Court [Courts of Limited Jurisdiction: vary among the 39 different jurisdictions. Most Survey, pp. 326-3271 are in session once each month. 4.4.4 Judges (5 part-time) Aot have presiding [State Court Administrator] a. The Municipal Court does 4.2.3 Organization. The Probate Court is estab- judges. lished in the individual cities and towns. In some b. Qualifications are established locally for cities or towns, the City Council or Town Council Municipal Court judges. is authorized to sit as the Probate Court. The c. Municipal Court judges are appointed by the council may appoint annually a member of the state City Council for 2-year terms. bar to be available to sit as a judge of the Pro- [Courts of Limited Jurisdiction, p. 3261 bate Court. Whenever a party to any contested 4.5.4 Administration presiding judges matter so requests, the Town Council designates the a. There are no provisions for said appointee to sit as a judge to hear the con- for the Municipal Court. b. There are no provisions for administrators tested matter. In towns where the council does not serve as the court, the Probate Court judge hears for the Municipal Court. all matters, not just contested cases. There are c. The clerk has responsibilities as determined no specialized divisions of the court. by the court. [G.L.R.I. 668-9-2, 8-9-9; State Court Adminis- [State Court Administrator] Procedure in the Municipal trator] 4.6.4 Rule-making. 4.3.3 Jurisdiction Court is handled on an ad hoc basis. a. The Probate Court has jurisdictionin the probate of wills, the administration of estates, State-Level Administration adult guardianship, settlement of claims, and all The Chief general probate jurisdiction. 5.1 General administrative authority. b. The Probate Court has no appellate jurisdic- Justice is the executive head of the Rhode Island The Supreme Court has general tion. judicial system. [G.L.R.I. 18-9-91 supervision over all trial courts in the state. 4.4.3 Judges (39 part-time) The Chief Justice may temporarily assign judges to a. The Probate Court does not have presiding sit on different courts in order to facilitate 0 judges. court business. In addition, the Chief Justice b. A Probate Court judge must be a member of appoints the State Court Administrator and adminis- the bar and generally serves a 2-year term, but trative staff and an advisory board as he deems this varies from town to town. necessary to assist him in administrative matters. c. Vacancies in the office of Probate Court Reference Section 1.5.a. judge are filled by appointment by the Town or City [G.L.R.I. 18-15-2 to 18-15-5] Council. 5.2 Office of the State Court Administrator [G.L.R.I. 118-9-2.1, 8-9-2.3; State Court Ad- a. There is no specific authorization for the inistrative Office. See also local home rule administrative office. chararters.]

4 1 Figure 2: Rhode Island state-level administrative office of thecourts, 1980

State Court Administrator

Chief Deputy Clerk

Deputy State Court Adsdnistrator

Judicial Statewide Central State Judicial Business Planning Judicial Registry Records Menager Unit Information Collections Center Records Coordinator Systems Supervisor Analyst Director 4111111111M.

Systems analysis Payroll - Ststiatical com- - Legislative, exec- Programming - Accounting pilation 4 utive, public, Computer operation - Auditing - JPC/planning and media Records management - Budgeting - Research information -POMOdevelopment - Purchasing Statistical analysis - Legislative liaison - Legislative drafting - executive liaison Court coordination

Pw,

413 b. State Court Administrator 6.1.3 DISTRICT COURT (1) Th position of Stat Court Administra- 6.2.3 Bail Commissioners a. Bail Commissioners areappointed by the tor is established by statute. They must be (2) There are no formal qualifications for chief judge of the District Court. members of the bar of the state of RhodeIsland. The State Court Administrator is the position. b. Bail commissioners are justites of the peace appointed by the Chief Justice and srves at his who are authorized to take bail in allcomplaints pleasure. bailable before a division of the District Court (3) The State Court Administrgeor prepares and, in default of bail, commit to an adult cor- an annual budget for thejudicial system, presents rectional institution all respondents arrested on an annual report on the statusof the courts' business, and performs all other administrative such complaints. duties as assigned by the Chief Justice. Judicial Discipline c. Office organization. The Office of the State Court Administrator consists of 32 people: The commission 27 professionals (including the State CourtAdmin- 7.1 Commission on Judicial Tenure. consists of 13 members. Three nonspecific members istrator) and 5 clerical personnel. The professional staff provides support services in thefol- and three lawyer members are selected by the Governor with the approval of the Senate. Three lowing areas: systems analysis, programming, com- members of the legislature (two from the Houseof puter operations, records management, andforms development; court coordination, facilities manage- Representatives and one from the Senate) are Senate ment, security coordination, and other court ser- selected by the Speaker of the House and the At least one legis- vices; payroll, accounting, auditing, budgeting, Majority Leader, respectively. lative member must be a member of the minority and purchasing; education, training,library, and Four members of the judiciary are selected publications; personnel systemyylegislative, ex- party. by the Supreme Court to be on the commission. The ecutiv, public, and media in-formation,legislative judicial members include one judge each from the liaison, and executive liaison; and planning and statistical com- Superior, Family, and District Courts, and one research activities, which include of pilation, judicial planning, research, statistical judge from any court, who serves as chairman analysis, and legislative drafting. the commission. (G.L.R.1. 18-15-4; State Court Administrator) (G.L.R.I. 18-16-1) 7.2 Authority and procedure for sanction. The commission investigates charges of judicialunfit-' Quasi-Judicial Officers nets and determines if the chargeis sufficient to The judge may have counsel and may 6.1.1 SUPERIOR COURT order hearings. cross-examine witnessep and present a defense if 6.2.1 Master in chancery All mattets before the commission are a. Masters in chancery may beappointed by the he chooses. kept confidential unless the judge involved re- Superior Court, and serve at its pleasure. Upon completion b. Masters in chancery have responsibilities quests that they be made public. divorce matters. of the hearings, the commission may dismiss the as assigned, generally in Supreme (G.L.R.I. 19-15-19; State Court Administrator) case or may make recommendations to the Court for reprimand, suspension, retirement, or removal of the judge. The Supreme Court reviews 6.1.2 FAMILY COURT the recommendations of the commission and may take 6.2.2 Master When the commission recom- a. Masters may be appointed by thechief judge action as necessary. Masters must be.lawyers, and mends removal of a Supreme Court justice, the Su- of the Family Court. recommenda- they serve at the pleasure of the court. preme Court must transmit findings and b. Mditera assist the court in matters pertain- tions to the House where impeachment proceedings begin pursuant to Article X, Section 4 andArticle ing to delinquent support payments. (G.L.R.I. 18-10-3) XI of the state constitution. (G.L.R.I. 18-16-4, 18-16-7)

4') SOUTH CAROLINA

Court of Last Resort prem. Court the power to promulgate rules of practice, procedure, and administration for all courts 1.1 SUPREME COURT. The Supreme Court sits in in the state. Columbia and generally holds at least nine terms [Const., Art. V, 141 per year. A new term commences on the second Monday of each month except July, August, and intermediate Appellate Court September [Code of the Lows of South Carolina (herein- Implementation of an intermediate appellate after Code) Section 14-3-610; Director, Court court in South Carolina is anticipated for October Administration] 11 1981. The court was not yet active during 19801 1.2 Organization. The Supreme Court does not sit but a description of its anticipated structure and in panels or divisions. A quorum of three justices function is included here. is required to transact the business of the court. [Director, Court Administration] [Constitution, Article V, Section 21 1.3 Jurisdiction 2.1 COURT OF APPEALS. The court sits in Columbia a. The Supreme Court has the jurisdiction to for nine terms per year. Terms commence on the issue writs or orders of injunction, mandamus, quo fourth Monday of each month except July, August, warranto, prohibition, certiorari, habeas corpui, and September. and other remedial original writs. [Code 114-8-4001 b. The Supreme Court has appellate jurisdiction 2.2 Organization. The court does not sit in panels in all chancery cases for both questions of law or divisions. Three judges constitute a quorum. and fact. In law cases, the Supreme Court can hear The concurrence of three is necessary for the appeals from the Court of Appeals (when imple- reversal of any judgment. The court has statewide mented) but only through the granting of a writ of jurisdiction. certiorari. Death sentences are appealed directly [Code 114-8-10] to the Supreme Court. 2.3 Jurisdiction [Code 1114-3-310, 14-3-3201 14-3-3301 14-8-200, a. The Court of Appeals has the authority to 14-8-210] grant injunctions and issue original remedial writs 1.4 Justices (5) for the proper exercise of its jurisdiction. a. The Chief Justice js designated on his b. The Court of Appeals has appellate jurisdic- selection to the court and serves his entire term tion over all criminal cases appealed from the of 10 years. Circuit Court and Family Court and in postconvic- b. Supreme Court justices must be citizens of tion proceedings, except where the death penalty the United States and South Carolina, must have has been imposed. been residents of the state for 5 years, must be [Code 1114-8-200, 14-8-2101 14-8-2201 attorneys with 5 years of experience, and must be 2.4 Judges (5) at least 26 years old. a. The chief judge is designated upon his c. Supreme Court justices are elected to 10- selection to the court and serves his entire term year terms by the joint public vote of the General of 6 years. Assembly. b. Court of Appeals judges must meet the same [Const., Art. V, 113, 11; Code 114-3-10; Direc- qualifications as Supreme Court justices (reference tor, Court Administration] Section 1.4.b) and must be approved by the Legisla- 1.5 Administration tive Screening Committee of the General Assembly, a. The Chief Justice is the administrative head although the Committee's findings are not binding of the judicial system. He exercises administra- on the General Assembly. tion and supervision over the entire court system c. Court of Appeals judges are elected to 6- through the Director of the Office of South Caro- year terms by joint public vote of the General lina Court Administration and the chief judges of Assembly. the Circuit Court, Family Court, and judges of the [Code 1114-8-20, 14-8-30; Director, Court Magistrate's Court. Reference Section 5.1 (General Administration] administrative authority). The Chief Jastice has 2.5 Administration no specifically articulated duties with regard to a. The chief judge has no specifically articu- the administration of the Supreme Court. lated duties with regard to the administration of b. Reference Section 5.2.b (state-level admin- the Court of Appeals. istrator). b. There is no provision for an administrator c. The court appoints a clerk to 4-year term. for the Court of Appeals. Reference Section 5.2.b ts.....1hausd with ictepin& records and providing (state-level administrator). copies upon request. c. The court appoints a clerk to a 4-year term. [Code 1114-3-80, 14-3-130; Director, Court The pffice is charged with the maintenance and Administration] diskribution of court records. 1.6 Rule-making. The constitution gives the 5u- [Code 114-8-1401

415 ')3 el-

Figure 1:South Carolina court system, 1980

gUPRDIE COURT 5 justices Gaurt of Jurisdiction: last - Appellate jurisdiction in all civil cases resort for both questions of law and fact. - Certiorari review of Court of Appeals decision. - Direct appeal on judgment of death.

A OM/ CIRCUIT COURT (16) 31 judges

, COURT OP COMM ON PLIAS cow or GENERAL SESSIONS Jurisdiction: Jurisdiction: Court of - Original civil jurisdiction - Original criminal jurisdic - tion, unless exclusive eneral unless eXcluelve jurisdiction jurisdiction is ranted to a court of jurisdiction is ranted limited or special juris - to court of limited or diction. special jurisdiction. , Jury trials. *

I MI 1__ MUNICIPAL COURT (82) ?ROSATI COURT (66) 46 judges 250 judges Jurisdiction: Jurisdiction: - Estate, business of minors - Municipal ordinance viola- and incompetents, guard- tions, crininal with fine ians, trustee., and mental lass than S200 and/or commdtmente. sentence of 30 days. - Juvenile (If no Family Jury trials. Court). No jury trials.

Courts of limited jurisdiction

MACISTIATI'S COURT (322) FAMILY COURT (16) 330 magistrates 46 judges Jurisdiction: Jurisdiction: - Law and landlord-tenant - Family support and protec- under 61,000. tion, adoption, and di- - Criminal with fine lass vorce. than 6200 or sentence of - Exclusive jurisdiction 30 days. Preliminary over delinquent, neglect- hearings. ed, or abandoned children. Jury trials. Misdemeanors involving minors. Jury trials. =111.

fIndicate rout. of appeal.

4,-) 1

416 2.6 Rule-making. Reference Section 1.6. 4.1.1 FAMILY COURT. The term of the FaMobly Court is set by the Chief Justice based on caseload Court of General Jurisdiction Information provided by the Office of South Carolina Court Administration. 3.1 CIRCUIT COURT./he Circuit Court holds terms (Director, Court Administration] as scheduled by the Chief Justice. 4.2.1 Organizatton. Family Courts have been estab- (Director, Court Administration] lished in each judtcial ctrcuit. Each court has 12 Organization. The state ts divtded into 16 jurtsdiction throughout the ctrcuit. There are no ctrcuits of 2 or more counttes. The court sits as spectaltzed dtvtsions of the court. a Couri of Common Pleas and as a Court of General (Code 114-21-410] Sessions. 4.3.1 Jurisdtctton (Code 114-5-610 to 114-5-820] a. The Family Court has jurisdiction tn all 3.3 Jurisdiction juvenile cases tncluding chtld neglect, contested a. The Circuit Court has ortgtnal jurtsdtction custody proceedings, law vtolattons withtn the in all cases unless exlusive jurtsdiction ts court's geographtcal jurtsdtctton, any mental com- granted to a court of limtted or special jurtsdic- mitment proceedtngs involvtng a juventle, and any non. Civil cases are heard tn the Court of Com- action regardtng a juventle who is beyond the mon Pleas division, criminal in the Court of Gen- control of his parent or other custodtan; name eral Sessions division. changes; support cases; bastardy suits; adoptions; b. The Circuit Court has appellate jurisdiction guardianships; divorces; separations; and other over cases from the Probate Court, the Magistrate's marttal acttons. Court, and the Municipal Court. Civil appeals are b. The Famtly Court has no appellate jurtsdtc- heard in the Court of Common Pleas diviston; crim- tion. tnal appeals in the Court of General Sesstons di- ICode 1114-21-510, 14-21-515, 14-21-810, 14-21- viston. 830, 14-21-1010 to 14-21-10601 (Const. Art. 5, 17; Code 14-5-350, 14-21-415, 4.4.1 Judges (46) 14-21-515, 18-7-10, 27-33-40) a. The chtef judge of each Family Court ts 3.4 Judges (31) selected by the Chief Justtce from the Family Court a. The Circutt Court has a chtef judge for ad- judges chosen by the legislature. inistrative purposes who is appotnted by the Chief b. Family Court judges must meet the same qual- Justtce. tftcations as Supreme Court justices (reference b. Ctrcuit Court judges must meet the same Sectton 1.4.b).They must also have been restdents qualtficattons as Supreme Court justtces. Refer- of thetr ctrcutts for at least, 1 year and members :me Section 1.4.b. They must also have been of the bar for atleast 5 yearis. Notwithstanding restdents of the dtstrtct they serve for at least any other provtston of law, any former member of one year. the General Assembly may be elected to the office c. Ctrcutt Court judges are elected by publtc of Family Court judge. vote of the General Assembly for 6-year terms. c. Faintly Court judges are elected to 4-year (Const., Art. V, 19; Dtrector, Court terms by the General Assembly. Admtntstratton] (Code 1114-21-420, 14-21-425] 3.5 Admtnistratton 4.5.1 Admintstratton a. There are provtstons for a chtef judge for a. The Chtef Justtce rotates the Famtly Court the indtvtdual ctrcutts. judges of the circuit and assigns cases to judges. b. There are no provtstons for an admtntstrator They perform such admtntstrative duttes as the over all the ctrcutts of the Circutt Court or for Chtef Justtce may dtrect. admtntstrators for the tndtvtdual ctrcutts. Refer- b. There are no provisions for administrators ence Section 5.2.b. (state-level administrator). for the Family Court. Reference Sectton 5.2.b c. Each county elects a court clerk to a 4- (state-level admintstrator). year term. Thts clerk serves the Circuit Court c. The ctrcuit clerks also serve as the clerks within the county and all limited jurtsdiction for the Famtly Court. Reference Section 3.5.c. courts except the Probate Court and Magistrate's (Code 1114-21-420, 14-21-440, 14-21-445; Dtrec- Court. The clerk must be bonded. He ts charged tor, Court Admintstration] with maintatning the courthouse; issuing all 4.6.1 Rule-making. Reference Section 1.6. processes, signing all judgments, maintaining all records of the courts; witnesstng and approving 4.1.2 PROBATE COURT. The Probate Court term is security for costs; executing laws respecting determined by the individual judges; however, the jurors; making out a roll of jurors and constables term is usually continuous. in attendance; reporting persons brought to trial; (Director, Court Admintstration] keeptng records of all persons elected to office; 4.2.2 Organization. Probate Courts have been and administering oaths to magistrates and trans- established in every county in the state. There mitttng the ltst of magistrates' names:to the,Sec- are no syecialized divisions of the court. rotary of State. (Code 114-23-1010] (Const., Art. 7, 120; Code 114-17-40, 114-17- 4.3.2 Jurisdiction 210 to 114-17-370; Director, Court Administra- a. The Probate Court has jurisdic4on.over all tion] testamentary matters, guardianships of mental in- 3.6 Rule-making. The Circuit Court may promulgate competents and minors, and administration of rules so long as they are consistent with the laws estates. It issues marriage licenses, conducts of the state and the rules of the Supreme Court. emtnent domatn proceedings, and conducts commit- Reference Sectton 1.6. ment inqutries tn cases of mental illness, alcohol- (Code 114-5-310] ism, drug addiction, and tuberculosis. b. The Probate Court has no appellate jurisdic- Courts of Limited or Special Jurisdiction tion. (Code 114-23.4150]

417 4 33 4.4.2 Judges (46) b. There are no statutory qualifications for a. Because there is only one judge per court, magistratei. They are generally recommended to the Probate CotVrt dots not have presidingjudges. the Governor by the state senator from the respec- Counties are authorized to select associate judges tive county and must be bonded. Governor, as well as those who are authorized to actin the c. Magistraels are appointed by the nd consent of the Senate, to 2 or same capacity as Probate Court judges. If a county with the advice The term opts to install associate judges, they areselected 4-year terms depending upon the county. by the judge of the Probate Court and are answer- is the same within a given county. [Code 1522-1-10, 22-1-150, 22-2-10; Director, able to him. b. Probate Court judges must be qualified Court Administration) voters of their respective counties. 4.5.3 Administration judge c. Probate Court judges are elected to4-year a. The Chief Justice appoints a chief over the Magistrate's Court in each county for terms by the voters of their respective counties. [Code 5514-23-1020, 14-23-1030, 14-23-1040) administrative purposes. b. There are no provisions for administrators 4.5.2 Administration Reference Section a. There are no provisions for presidingjudges for the Magistrate's Court. for the Probate Court. 5.2.b (state-level administrator). clerks for the b. There are no provisions for administrators c. There are no provisions for for the Probate Court. Reference Section 5.2.b Magistrate's Court. (state-level administrator). [Director, Court Administration) General procedural rules are c. The judge of each court is authorized to 4.6.3 Rule-making. Reference SectiOn 1.6. appoint a clerk to serve at his pleasure. The statutorially established. clerk must keep record of all proceedings and [Code 522-3-110 to 522-3-320, 122-3-710 to 122- maintain the records and documents of the court. 3-790) He is authorized to execute and issue certain doc- The Municipal Court term is uments for the judge such as marriagelicenses, 4.1.4 MUNICIPAL COURT. certificates of appointment, certifications of determined by the individual judges; however, the wills, and warrants of appraisements in decedents' term is usually continuous. [Director, Court Administration) estates. If an intestate estate is being adminis- Every municipalityin the tered by the court, he handles all papers and 4.2.4 Organization. matters pertaining to that matter. In uncontested state is authorized to establish a Municipal Court. probate cases, he may hear and determine all mat- Whether or not a separate court is established, the mayors of municipalities are vested with the powers ters. There [Code M4-23-1090: 14-23-1100) of magistrates. Reference Section 4.3.3. are no specialized divisions of thetourt. 4.6.2 Rule-malting. Reference Section 1.6. [Code SS14-25-10, 14-25-910) 4.1.3 MAGISTRATE'S COURT. The Magistrate's Court 4.3.4 Jurisdiction jurisdiction in term is determined by the individual magistrates; a. The Municipal Court has the munici- however, the term is usually continuous. cases arising under the ordinances of They also exercise the same jurisdiction [Director, Court Administration) palities. 4.2.3 Organization. Each county of the state is as the Magistrate's Court. divided into magisterial districts with a single b. The Municipal Court has no appellate juris- magistrate per district. There are no specialized diction. divisions of the court. [Code S14-25-970) [Code S22-1-10) 4.4.4 Judges (250 mayors and recorders) a. The Municipal Coult does not havepresiding 4.3.3 Jurisdiction a. The Magistrate's Court has jurisdiction in judges. the following cases where the amount in controversy b. There sre no statutory qualifications for does not exceed $1,000: actions rising from con- mayors and recorders. c. Mayors are selected locally and are ex tract or injury to person or property; actionsfor Cities may a penalty, fine, or forfeiture;actions commenced offic-io judges of the Municipal Court. by the attachment of property; actions on bonds; establish the position of municipal recorder, who council and serves confession judgments of any nature; actions for is chosen by the mayor and city fraud or damages arising from the purchase of per- a 4-year term. sonal propertyr and actions to recover p ersonal [Code 1514-25-10, 14-25-920) property. The court also has jurisdiction in 4.5.4 Administration presiding judges landlord-tenant actions, possessory actions, and a. Thert are no provisions for bastardy cases. Magistrates are authorized to for the Municipal Court. issue search warrants for suspected 'gambling b. There are no provisions for administrators Reference Section 5.2.b institution!, and to arrest, examine, and commit for the Municipal Court. any suspectal criminal. Magistrates have jurisdi - (state-level administrator). Munici- tion in all criminal casts in which the penalty c. The city clerk or recorder serves as does not exceed $200 fine or 30 days ofimprison- palCourt Clerk. Reference Section 1.6. ment. 4.6.4 Rule-making. b. The Magistrate's Court has no appellate State-Level Administration jurisdiction. [Code ii3-5-10A 3-5-110, 22-3-10, 22-3-540 to 5.1 General administrative authority. The Chief 22-3-560) Justice is designated as the administrative head 4.4.3 Judges (330 magistrates) a. The Magistrate's Court does not have pre- of the unified judicial system, and the Supreme Court is authorized to make rules governing the siding judges.

418 - Figure 2:South Carolina state-level administrative office of the courts, 1980

Director

Legal Secretary II

1 Field Representative Assistant Arrest Werraets , Assistant Assistant Director Personnel Director Director leformetion Purchasing Circuit and Family and Services Office Management Summary Intermediate

rnistrstion Legal I Receptionist Secretry Summary Legal Court Secretary II

Staff Attorney Staff Attorney Susmery, Cir- Sumsery, Fami- cuit, Masters, ly, Probate, Legal Statistical ]St at hitt I ca I Clerk Defense of Judicial Socretry Clerk 1 Indigents Commitment Family A I Circuit

Legal Legal Secretary Secretary Legal Statistical oSttitical Secretary Clerk I Clerk I Msgistrate Certificates 1f Transmittal Field Field Representative Field Representative Circuit, Sum- Representative Family, Probate mary A Defense Circuit Judicial Legal Statistical of Indigents Commitment Secretry Clerk I Municipal

Legal Legal Secretry Secretary administration of all courts. The Chief Justice, sis and legislative drafting. Re- has the power to set the terms of any court4410,,to (Const., Art. V, 14; State Court Systems: assign any judge to sit inklay court within the vised 1978, p. 27; State Court Administrators, pp. 96-97; Director, CourtAdministration) unified court system. He i fulther charged with examining the administration methods, systems, activities, and dockets of all courts and generr Quasi-Judicial Officers ally supervising the calendars of all courts"in the interest of the better administrationof jus- 6:1 CIRCUIT COURT Reference Section 1.5.a. 6.2 Special referee, master tice." qualifications for (Const., Art. V, 14; Code 114-1-901 a. There are no statutory They are, however, 5.2 Office of Sbuth Carolina CourtAdministration special referees or masters. They are appointed by the Cir- a. The Office of SouthCarolina Court Adminis- usually attorneys. tration is authorized by ConstitutionArticle V, cuit Count. b. Whenever the office of master-in-equity is 14. disqualified or dis- b: Director, Court Administration vacant or if the master is abled, the special referee will handle the case (I) The constitution authorizes "an adminis- with the ftill authority of a master. Reference trator for the courts." (2) There are no formal statutory qualifica- Section 4.3.5.a. tions for the Director of the Officeof South (Code 114-11-60) Carolina Court Administration. (The former and current directors, however, hold lawdegrees.) Judicial Discipline The Director is appointed by theChief Justice and 7.1 Board of Commissioners on JudicialStandards. serves at his pleasure. The board is appointed by the Supreme Court and (3) The Director performs the following judges collects, compiles, and analyzes case- consists of three Circuit Court judges, two functions: of limited jurisdiction courts of record, two load reports from the trial courts;provides assis- magistrates, and two members of the bar who have tance in the drafting of courtrules; drafts the Circuit Court rotation plan and submits it forthe never held a judicial office. Chief Justice's a proval; assists in the prepara- (Supreme Court Rules (hereinafter S.C.R.), tion of the Judi ial Department budget;conducts Rule 34 (3)(b)( sanction. Upon research and forià.alates recommendations on court 7.2 Authority and procedure for organization; re ommends terms of Circuit and receipt of a factually valid complaint, the board Family Courts and assignment of judges; anddis- makes a pre,liminary investigation to determine whether vlormal complaint should be filed. If it seminates inform&on on the operation of the court decides/to file a complaint, the accused judge is system. The judge then has 20 The Office-of South informed of the charges. c. Office organization. After receipt of the answer, a Carolina Administration consists of 25 people who days to answer. hearing is held before a panel of three masters, are appointed by the ChiefJustice: 11 profession- appointed by a special commission and chosen for als (including the Director, CourtAdministration) particular duty by the board. These hearings and 14 clerical personnel. The professional staff generally conform to the rules of civil procedure provides support services in the following areas: A transcript is kept. The masters computer operations, records management,forms de- and evidence. the board. velopment, and field representation; court coordi- send their report and the transcriptto The accused has 30 days to reply to the report. nation, budgeting and purchasing;education, If the report is objected to, a hearingbefore the training, and publications, personnel systems and Five members of the board offile management; legislative, executive, public, full board, is convened. of discipline. nnd medie"information, legislative liaisdn, and ex- must concur for a recommendation The Supreme Court makes a final review anddecision ecutive liaison; and planning and researchactivi- judicial on the matter. s, ties including statistical compilation, (S.C.R., Rule 34(10) to Rule 34(22)1 planning, research, evaluation, statisticalanaly-

420 SOUTH DAKOTA

Court of Last Resort 1.5 Administration a. The Chief Justice is the administrative 1.1 SUPREME COURT. The Supreme Court of South head of the unified judicial system. He exercises Dakota sits in Pierre and in other cities as spec- administration and supervision over the court ified by order of the court. The court holds one system through the State Court Administrator, the term coincident with the calendar year. presiding judges of the Circuit Courts, and two [Constitution, Article V, Seceion 2; South Circuit Court adminiqtrators. Reference Section Dakota Compiled Laws Annotated (hereinafter 5.1 (General administrative authority). The chief S.D. Compiled Laws Ann.) Section 16-1-9] justice has no specifically articulated duties, 1.2 Organization. There is nothing in the South however, in regard to the administration of the Dakota Constitution or South Dakota Laws Annotated Supreme Court. that empowers or instructs the court to sit en b. Reference Section 5.2.b (state-level..admin- banc or in panels. As a practical matter, there- istrator). 4pre, each case is heard en banc with all five c. The clerk of the Supreme Court is appointed justices hearing the case. by the Supreme Court. He has no statutorily de- 1.3 Jurisdiction fined duties. In practice, he has supervisory A. The Supreme Court or any justice thereof duties over deputies and bailiffs and responsibil- may issue any original or remedial writ. The Gov- ities as determined by the court. ernor also has the power to require opinions of [Const., Art. V, S11/ State Court Administra- the court upon questions of law involved in the tor] exercise of the executive power. The court has ex 1.6 Rule-making. The Supreme Court has the power parte jurisdiction regarding the admission, disci- to make rules of practice and procedure for the pline, and disbarment of attorneys in South Dakota. administration of justice in all courts of the b. The Supreme Court has appellate jurisdic- state and,for the mthod of taking, hearing, and tion as provided by jpe legislature. The right to deciding appeals to the courts from any institu- appeal from final judgment of the trial court is tion exercising a quasi-judicial function in any mandatory in both criminal and civil cases. case where an appeal is allowed by.law. The . Appellate review of criminal cases also includes Supreme Court has general superintending powers review of contentions of excessive sentence, if over all courts and may make rules of administra- the issue is raised. tion for all courts. (Const., Art. V, S5; S.D. Compiled Laws Ann. [Const., Art. V, S12; S.D. Compiled Laws Ann. SS16-16-1, 16-16-17; Outline of Basic Appel- S16-3]. late Court Structure in the United States, p. 171] Intermediate Appellate Court 1.4 Justices (5) a. The Chief Justice is elected by a majority 2.0 There is no intermediate appellate court in vote of his colleagues for a term of 4 years, South Dakota. without limitation of successive terms. He may be removed as Chief Juitice by a four-fifths vote of Court of General Jurisdiction the justices, but such removal does not constitute his removal as a justice of the Supreme Court. 3.1 CIRCUIT COURT. Regular terms of court are b. Supreme Court justices must be citizens of established by Supreme Court Rule, with at least the United States, must be residents of the State two terms a year in each county. of South Dakotareand must be voting residents of [S.D. Compiled Laws Ann. SS16-5, 16-6-1] the districts (reference 1.4.c below) from which 3.2 Organization. The Circuit Court is divided they are elected. Justices must also be licensed into eight geographical circuits, seven of which to practice law in South Dakota. pre multi-county circuits. Each court has i speci. Supreme Court justices are elected in a cialized division called the Magistrate Court. nonpaitisan election by the voters of the dim- [S.D. Compiled Laws Ann. SS16-5-1.2; 16-12A-2]

(tricts they represe . Five electoral districts 3.3 Jurisdiction are establis d by the legislature and each glis- a. Judges of the Circuit Court have original trict has one justice. Justices are elected for jurisdiction as follows: terms of 8 years. The Governor fills a vacancy by (1) Exclusive original jurisdiction in all appointment of one of the two or more persons nom- cases of felony. inated to the Governor by the Commission on Judi- (2) Concurrent original jurisdiction with cial Qualifications (reference Table 12: Charac- magistrates in misdemeanors and ordinance viola- teristics of judicial nominating commissions) for tions. the balance of the unexpired tem. (3) All actions or proceedings in chancery. (Const., Art. V, §12, 6, 7; S.D. Compiled Laws (4) All actions at law and in quity. Ann. 5116-1-2, 16-1-2.1; State Court Adminis- (5) All cases where title or boundary to trator] real property comas into question. 421 433 Figure 1:South Dakota court system, 1980

UPREME COURT 5 Justices Jurisdiction: Court of - Appellatt Jurisdiction in all mattero.. , last Isom onforiginal or. remedial writ. resort - Ex parts Jurisdiction in adaission, discipline, and diabarsent of attorneys.

. -.., CIRCUIT COURT OW -

CIRCUIT COURT v LAWYER MAGISTRATES DIVISION LAY MAGISTRATES DIVISION , 36 judges 7 full-tise and 11 part -tims 22 magistratas and 65 clerk/ 0,-' Court of Jurisdiction': magistrates magistrates , general - Civil acetone. domestic Jurisdiction: Jurisdiction: relatiosp. and probate. - Civil actions under $2,000. - Civil actions and meall claims jurisdiction - Felony and misdemeanor small claims undar $2,000. and under $500 (uncontested). matters. mental health matutre. - Guilty pleas for isdemeanors - Juvenil. matters. - Misdessanors. Ordinance viola- and ordinance violations. Administrative appaals. tions and preliminary h.:taring.. Trliminary h.:taring , search Jury trials. Committing magistrate; setarch warrants, and warrants. warrants and arrest warrants. Serve as coroner. Sinn as coroner. No jury trials. Jury trials.

' .

ItIndicatip route, of appeal.

422 (6) All actions for divorce or annulment of pointed to serve FUll or part time. Full-time marriage. lawyer magistrates are appointed to 4-year terms (7) Ail matters of probate, guardianship, with the approval of the Supreme Court. All other and settlement of estates. magistrates serve at the pleasure of the presiding (8) Proceedings relating to minors, circuit judge. Onelifull-time lawyer magistrate is The Circuit Court judges may issue and deter- required in the First, Fifth, Sixth, Seventh and mine all original and remedial writs. Eighth Circuits; two are required in the Second The jurisdiction of the magistrates of the Circuit. Magistrate Court, a division of the Circuit Court, (Const., Art. V, SS3,7, 11; S.D. Compiled is specified according to whether they are law Laws Ann. 1116-6-1, 16-12A-1, 16-12A-3.1, trained magistrates or lay magistrates. All magis- 16-12A-4, 16-12A-4.1, 16-12A-5, 16-12A-6, trates have the following jurisdiction: 16-12A-8; Supreme Court Rule 75-1) (1) Issue search and arrest warrants. 3.5 Administration (2) Act as committing magistrate during pre- a. Whereas there is no provision for a chief liminary hearings. judge over all the circuits of the Circuit Court, (3) Accept guilty pleas and impose sentence the presiding judge for each circuit has authority in criminal cases where the punishment does not ex- as the Supreme Court may designate by rule. ceed a ftne of $100 or imprisonment of 30 days, or Duties of the presiding judge Include the both. following: (4) Concurrent jurisdiction with the Circuit (1) Arranging schedules and assigning cir- Court in noncontested civil actions or small claims cult judges. proceedings involving up to $2,000. (2) Supervising the calendar. Lawyer magistrates have additional jurisdiction (3) Appointing clerks and other personnel as follows and supervising their functions. (1) Try all misdemeanors and ordinance vio- (4) Assigning matters and duties to clerks. lations (reference Section 3.3.a.(2) above) and act (5) Making arrangements for drawing the as committing magistrates in all cases, jury panel and determining jury sessions. (2) Try and determine all civil acteOns in- (6) Arranging for the reporting of cases. volving up to $2,000. (7) Arranging for the orderly disposition (3) Try and determine all small claims, of specialized matters. (4) Jurisdiction over mental illness cases. (8) Promulgating a schedule of offenses for Courts of lawyer magistrates are courts of which magistrates may accept appearances, waivers record and jury trials are available; courts of lay pf trial, pleas of guilty, and a schedule of fines magistrates are not courts of record and no jury and ball thereof. trials are available. (9) Assigning various powers and duties to b. The Circuit Court has appellate jurisdic- other circuit judges. tion over all final judgments or orders of the (10) Periodically reviewing the performance Magistrate Court. of magistrates, clerks, and deputy clerks, as to (S.D. Compiled Laws Ann. SSI6-6-9, 16-6-10, the schedule they are to follow and correcting any 16-6-12, 16-12A-13, 16-12A-14, 16-12A-16, erroneous application thereof. 16-12A-19, 16-12A-21, 16-12A-22, 16-12A-23 to The presiding judge appoints judicial person- 16-12A-251 nel to the Magistrate Court, and appoints clerks 3.4 Judges (36 judges;7 full-time and 11 part- and other court personnel for the counties in his time lawyer mai/istrates; 22 lay and 65 clerk/ circuit. magistrates. b. Although Rule 10 of the South Dakota Judi- e'. Wnereas there is no proviston for a chief cial System Personnel Rules prov-ides for regional judge over all the circuits of the Circuit Court, administrators, none have been appointed to date. a presiding judge for each circuit is appointed by Presently there are three Circuit Court adminis- and serves at the pleasure of the Chief Justice. trators charged with personnel and caseflow man- b. Circuit Court judges inust be citizens of agement responsibilities. They are appointed by the United States, must be residents of the State the respective presiding circuit judge. They also of South Dakota, and must be voting residents of supply statistics on caseload information to the the districts from which they are selected. They State Court Administrator's Office. Reference must also be licensed to practice law in South Section 5.2.b (state-level administrator). Dakota. c. Each presiding judge appoints the clerks of A lawyer magistrate must be a qualified voter his circuit. Clerks are responsible for maintain- of the circuit in which he is appointed and must ing court records, charging and collecting uniform reside in that circuit while serving as a magis- fees and commissions, and transferring revenues trate. Lawyer magistrates must be licensed to from fines, forfeitures, penalties, or costs to practice law in South Dakota. the county treasury. Pursuant to Supreme Court A lay magistrate must be a qualified voter in Order, October 29, 1973, clerks are required to the circuit for which he is appointed and must continue to perform duties nonjudicial in nature, reside in that circuit as long as he serves as until the duties are transferred by the legisla- magistrate. In addition, a lay magistrate must ture or abolished. have a high chool education and must ,attend a (Const., Art. V, Ill; S.D. Compiled Laws Ann. training course supervised by the Supreme Court 1116-2-21, 16-2-27, 1.6-2-28, 16-2-331 before taking office. Any appointed clerk or 3.6 Rule-making. Rules of practice and procedure deputy clerk who meets the qualifications may also for all the courts are promulgated by the Supreme be appointed as lay magistrate. Court, subject to legislative change. Reference c. Circuit Court judges are elected to 8-year Section 1.6. Rules for the administration of the terms in nonpartisan elections by the voters of courts are promulgated by court rule. The presid- the circuits they represent. ing circuit judge, subject to the rules of the All magistrates are appointed by the presiding Supreme Court, has administrative supervision and circuit judge of each circuit. They may bet ap- 423 4 11 authority to prescribe regulations for the inter- c. Office organization. The Office of the nal operation of the Magistrate Court. State Court Administrator is composed of 17 [Const., Art. V, 112; S.D. Compiled Laws Ann. people: 10 professionals (including the State 116-2-21] Court Administcetor) and 7 clerical personnel. They provide support services in the following Court of Limited or Special Jurisdiction areas: systems analysis and programming; probation; accounting; training; personnel systems; and 4.0 There are no courts of special or limited ju- judicial planning. risdiction in South Dakota. [Const., Art. V, ill; S.D. Judicial System Personnel Rules; State Court Administrators, State-Level Administration pp. 98-99; State Court Administrator]

5.1 General administrative authority. The Chief Quasi-Judicial Officers Justice is the administrative head of the judicial system. He has authority to ubmit an annual con- 6.0 There are no quasi-judicial officers in South solidated budget, assign judicial and nonjudicial Dakota. personnel, and supervise the administrative staff, among other powers. The Chief Justice exercises Judicial Discipline general direction and supervision of the Circuit Court in order to expedite the work of the courts, 7.1 Commission on Judicial Qualifications. The 'alleviate congestion, secure prompt disposition of commission consists of seven members as follows: cases, and distribute workload. The Chief Justice two judges of the Circuit Court, elected by the appoints a presiding circuit judge for each cir- Judicial Conference (reference Table 29: Judicial cuit, who has such administrative power.es desig- councils and conferences); three lawyers, no more nated by Supreme Court Rule. Reference Section than two of whom are of the same political party, 1.5.a. appointed by the president of the state bar; and [Const., Art. V, ill; S.D. Compiled Laws Ann. two lay citizens, not of the same political party, S116-2-20, 16-2-21] appointed by the Governor. 5.2 Office of the State Court Administrator [S.D. Compiled Laws Ann. 16-1A-4 et. sect.] a. The Office of the State Court Administrator 7.2 Authority and procedure for sanction. All is constitutionally authorized. judges and magistrates in South Dakota are subject b. State Court Administrator to investigation by the Commission on Judicial (1) The position of State Court Administra- Qualifications. The commission, upon receiving a tor is constitutionally authorized. complaint, or upon its motion, makes a preliminary (2) There are no formal qualifications for investigation. The judge being investigated must the State Court Administrator. In practice, he is be so notified and has the opportunity to present expected to have a law degree or graduate degree such matters as he may choose. If a formal pro- in business or public administration and a minimum ceeding ts deemed necessary, the judge in question of 2 years of experience in court administration. receives notice of the formal proceeding to inquire The State Court Administrator is appointed by the into the charges against him. The judge must an- Supreme Court. swer the charges or, after a 30-dey period of ser- (3) The State Court Administrator, together vice of notice;'a formal hearing concerning the with the central staff, has the following respon- censure, renloval, or retirement of the judge is sibilities: held. The commission's case is presented by an (a) Supervises budget preparation. attorney and both sides may produce evidence, be (b) Prepares and maintains personnel represented by counsel, issue sobpoenas for wit- standards, procedures, and staffing patterns. nesses, and examine and cross-eiamine witnesses. (c) Provides liaison with the legisla- A record is kept of the proceedings of the hearing. Cure. Upon completion of the hearing, the commission rec- (d) Assists in the execution and ommends, upon an affirmative vote of five members, draftiog of administrative rules. the dismissal of the complaint, or temporary sus- (e) Conducts research in court organi- pension, censure, removal, or retirement of the ration. judge. The Supreme Court, on the basis of the rec- (0 Disseminates information'on the ord and recommendation of the commission, may make operation of the state court system. such determinations and may dispose of the case as (g) Prepares long-range facilities it deems appropriate. plans. [Const., Art. V, i9, S.D. Compiled Laws Ann. '(h) Provides general administrative 516-1A-1, Appx.] and technical support.

424 Figur* 2:South Dakota stats-level administrative office of the courts, 1980

State - Court Administrator

emmiLm 11mv V1...1 ...1

Perseemel Pulpit Presiding Planning and and end Circuit Systems Training Finance Judges Development

4.1Nly 1.11,,

Circuit Court Circuit Administrator Judges

111111/1.111. rILMs.m., =11mir IM=11 Court Lew Trained Clefts of Ley Court Service Megistrates Court Megistrates Reporters Officers

1 1 -

-425 A 413 Figur* 1:Unruiss*. court syst.m, 1980

Will* COUNT 5 Justices Jurisdictiess - Cemetitutimal issues, right I. held public Court of last office, workmen's cmpensatim, and resort revenue appeals. - Constitutionality ef statute r ordimence. - Review appellate court decisions.

COURT OP APPSALS COURT Of CRIMINAL APPIALS 12 Judges Workmen's cm- Judges Jurisdictions pessation and Jurisdictiesi Intermediate /Wars all civil except free Judipeate - Nears all criminal appeals involving cm- cases under pest-conviction appellate them specifically courts assigned te the Supreme stitutimal and procedure act, felonies and Court. other public misdemeanors (except coo- law questions. stitutimality of a statute). 1 4 c,1 Criminal ..tt.r.. mar CRIMINAL COURT (13) CNANCIRT COURT (141) LAW AND murry COURT CIRCUIT COURT (31) 26 Judges 27 chamellors (4) 56 Judges Jurisdiction: Juriedictios: 5 Judges Jurisdictions - Felony and sleds- - Sanity cases ever Jurisdiction: - C nnnnn cts and demands Manor Vetter.. $30, diverse, - Coscurreat junto- over $50 ($3,000 for Appeals de neve. adoptios. Civil dictiee with Chan- INN WWII' COUnti44). Divorce, landlord and Jury trials. Courts of came (except cery Court end seneml Circuit Court in temmt, ad tort). Jurisdiction Appeals from admin- equity, divorce, malty, chancery. istrative aseacies. adoption, sad civil - All criminal matters Mardi', and commie- CAMBS. (unless another court is expressly given this *ions. Appeals from Cenarel Court osly Jurisdiction.) in Gibes. County. Appeals de move. Jury trials. 111

Gibson County Criminal only. matters.

CORRAL $IBRIONS COURT (92) ?ROSATI COUNT (3) JUVIOSILI ahOtT (16) 92 Judges 2 Judges, (1 county 6 Juvenile Judges. Jurisdiction: Judge, 5 generel session (7 'amoral INission. - Civil cases under $5,000; judg011 also serve.) trial Justice. and 2 landlord and tenant; re- Jurisdiction: county Judie. also covery of personal pro- - Administration of serve.) perty to $10,000; equity , probate of Jurisdiction: Civil cases under $1,500. Same wills, end guardien- - Multi costrihuting to and courts hear divorce and 2ekip delinquency of minor. criminal werkeen's compensation N. Jury trials. 40001 - Juvenile No Jury trials. Mettilre. Hied.** (fine lass then $50, sentence less then 1 year), preliminary hearings. Courts of - Juvenile natters (acme limited courts). Jurisdiction 7No jury trials. COUNTY COURT (66) MUNICIPAL MRS (woo) TRIAL JUSTICI COURT (2) Og Judses 192 Judges Jurisdiction: 2 Judges Jurisdiction: (Located in AM nd - Probate, Mai n - City rdinance viola Sevier Ceuntlea) ties of mtatee, and tions lass than Juriedictioa: gmerdleaship setters. $50, seateme lass - Cmcurrent civil Jurie- - Juvenile matters (if thee 30 days). 11] dictiee with Cameral Bas- la law traised N. Jury trials. Mi. eless Court is all r if there isse matters. potential far cm- - Miedemeaser (fine floment). less than $50, sentence N. jury trials. lass then 1 year). tojury trials.

Indicates route of appeal. 11' TENNESSEE

Court of Last Resort courts' records, and publishing and disseminating court opinions. 1.1 SUPREME COURT. The state is geographica ly [T.C.A. 1118-105, 18-301, 18-302; Executive divided into three grand divisions, a v ng a Secretary) judicial capital. The Supreme Court sits three 1.6 Rule-makin . The Supreme Court has the power times a year in each of the three judicial capi- to prescribe procedural and administrative rules tals: Knoxville, Nashville, and Jackson. for all courts in the state subject to the approval [Constitution, Article 6, Section 2; Tennessee of the state legislature. Every court in the state Code Annotated (hereinafter T.C.A.) Sections may adopt supplementary rules as long as they do 16-201, 16-202, 16-2031 not conflict with those prescribed by the Supreme 1.2 Organization. The Supreme Court does not sit Court. in panels or divisions. A concurrence of three [T.C.A. 1116-112, 16-114, 16-1171 judges is needed to render a decision. [Const., Art. 6, 121 Intermediate Appellate Courts 1.3 Jurisdiction a. The Supreme Court has no original jurisdic- 2.1.1 COURT OF APPEALS. The court is required to tion. sit for at least one term a year in each of the b. The Supreme Court hears appeals from the three judicial capitals: Knoxville, Nashville, and Court of Appeals, the Court of Criminal Appeals, Jackson. and "bypass" appeals from the trial courts. These IT.C.A. 116-4121 "bypass" appeals include appeals from judgments in 2.2.1 Organization. The court is authorized to sit cases where there is no testimonialcondict, from in panels of three judges, with a concurrence of judgments in workmen's compensation cases, and from two necessary to reach a decision. judgments involving constitutional and other public [T.C.A. 1116-409, 16-4131 law questions. 2.3.1 Jurisdiction [T.C.A. 116-3041 a. The Court of Appeals has no original juris- 1.4 Justices (5) diction. a. The Chief Justice is selected on a rota- b. The Court of Appeals has appellate jurisdictional system for a term of approximately 19 tion over all civil cases except where the con- months. stitutionality of a statute or ordinance is a b. Supreme Court judges must be between 35 and determinative issue, where the right of one to hold 70 years of age, must be attorneys and members of public office is in question, and cases involving the state bar, and must have been residents of the workmen's compensation, state revenue, or writs of state for 5 years. No more than two members of the mandamus, quo warranto, ouster, and habeas corpus court can be from the same grand division of the where the relator is being held under criminal state. accusation. c. Supreme Court judges are elected to 8-year [T.C.A. 116-4081 terms by the voters of the state in partisan elec- 2.4.1 Judges (12) tions. The Governor fills a vacancy by appointing a. The full court selects a presiding judge, a temporary replacement from the same granddivi- and, when sitting in 3-judge panels, each panel sion. selects a presiding judge. Presiding judges are [Const., Art. 6, 112, 3; T.C.A. 118-2809, elected to 8-year terms. 8-2814(a), 16-301; Executive Secretary] b. Court of Appeals judges must be between 35 1.5 Administration and 70 years of age, must have been residents of a. The Supreme Court has supervisory control : the state for 5 years, and must be attorneys.No over the general jurisdiction courts of the state. more than four judges can be from the same grand It exercises administration and supervision over division of the state. the state court system through the Chief Justice, c. Court of Appeals judges are elected to 8- the Executive Secretary, and the four general year terms by the voters of the state at large. jurisdiction presiding judges. Reference Section IT.C.A. 1116-402, 16-405, 17-103; Executive 5.1 (General administrative authority). The Chief Secretary] Justice, however, has no specifically articulated 2.5.1 Administration duties with regard to the administration of the a. The presiding judges have no formal adminis- Supreme Court. trative duties. b. Reference Section 5.2.b (state-level admin- b. There is no provision for an administrator istrator). for the Court of Appeals.Reference Section 5.2.6 c. Three clerks, one for each grand division (state-level administrator). of the state, are appointed by the judges of the c. The Supreme Court clerks also serve as court for 6-year terms.The clerks are responsible clerks for the Court of Appeals. Reference Section for maintaining the courts' dockets, keeping the 1.5.c.

427 (T.C.A. 316-406] b. The Circuit Court has appellate jurisdiction 2.6.1 Rule-making. Reference Section 1.6. over all cases from limited jurisdiction courts. Appeals are by trial de novo. 2.1.2 COURT 07 CRIMINAL APPEALS. The court is (T.C.A. $16-502 to $16-5121 required to sit for at least one term a year in 3.4.1 Judges (58) each of the judicial capitals: Knoxville, Nash- a. There is no provision for a chief judge over ville, and Jackson. all the circuits of the Circuit Court. In four (T.C.A. $16-4471 circuits that are coterminous with Chancery Divi- 2.2.2 Organization. The court may sit en banc or sions (reference section 3.2.3), all judges of the in panels of three, five, or more. A majority con- general jurisdiction courts sit as a committee to currence is required to render a decision. choose a presiding judge. (T.C.A. 116-4471 b. Circuit Court judges must be 30 years of 2.3.2 Jurisdiction age, must be attorneys, must have been residents a. The CourCof Criminal Appeals has no origi- of the state for 5 years, and must presently be nal jurisdiction. residents of the districts they serve. b. The Court of Criminal Appeals has appellate c. Circuit Court judges are elected to 8-year jurisdiction over all criminal cases, habeas terms by the voters of their respective circuits. corpus, and postconviction proceedings attacking (Const., Art. 6, $4; T.C.A. $117-101, 17-102, the judgment or sentencing in,a criminal case, 17-103, 17-119; Supreme Court Rule (hereinafter criminal contempt proceedings, and extradition S.C.R.) 45; Executive Secretary] cases. If the sole determinative question is the 3.5.1 Administration constitutionality of a statute or ordinance, the a. There is no provision for a chief judge over court does not have jurisdiction. all the circuits of the Circuit Court. The presid- (T.C.A. $16-4481 ing judges of the four individual circuits (refer- 2.4.2 Judges (9) ence Section 3.4.1) are responsible for the assign- a. The presiding judge is elected from among ment of cases among the courts of general jurisdic- its members to an 8-year term. tion within their respective circuits. b. Court of Criminal Appeals judges must meet b. There are no provisions for an administrator the same requirements as Court of Appeals judges over all the circuits of the Circuit Court or for (reference Section 2.4.1.b) except that no more administrators for the individual circuits. Refer- than three can be from the same grand division. ence Section 5.2.b (state-level administrator). .c. Court of Criminal Appeals judges are elect- c. The Circuit Court clerks are elected to 4- ed to 8-year terms. year terms by the voters of their respective cir- [T.C.A. $116-442, 16-443, 16-446; Executive cuits. They are responsible for maintaining the Secretary] records and dockets of the court, issuing legal 2.5.2 Administration process, recording in the minutes of the court the a. The presiding judge has no formal adminis- reports of indictments and judgment executions, and trative duties other than to call a meeting for the keeping the district attorneys advised as to the consideration of supplementary procedural rules status of the criminal docket. The clerks also are (reference Section 1.6). responsible for collecting fees and other revenues. b. There is no provision for an administrator (T.C.A. $118-105, 18-401, 18-402; S.C.R. 451 for the Court of Criminal Appeals. Reference Sec- 3.6.1 Rule-making. Reference Section 1.6. tion 5.2.b (state-level administrator). c. The Supreme Court clerks also serve as the 3.1.2 CRIMINAL COURT. Terms of the Criminal Court clerks for the Court of Criminal Appeals and per- and their duration vary depending on county and form the same duties and functions with regard to specific court. Generally, the Criminal Court in the court's operation (reference Section 1.5.c). each county has three terms per year (each up to 4 [T.C.A. $$16-446, 16-449] months duration). 2.6.2 Rule-making. Reference Section 1.6. (T.C.A. 1$16-210, 16-212, 16-214, 16-216, 16-220, 16-222, 16-224, 16-229, 16-234, 16-2361 Courts of General Jurisdiction 3.2.2 Organization. There are 13 Criminal Courts established to assist with the criminal caseload 3.1.1 CIRCUIT COURT. Terms of the Circuit Court of the Circuit Court. There are no specialized and their duration vary depending on county and divisions of the court. specific court. Generally the Circuit Court in (T.C.A. $16-207 to $16-235; Executive Secre- each county has 3 terms per year (each up to 4 tary] months duration).Certain courts are authorized 3.3.2 Jurisdiction to have,more than these. a. The Criminal Court has concurrent jurisdic- (T.C.A. $16-207 to $16-2361 tion with the Circuit Court in all criminal cases. 3.2.1 Organization. There are 31 judicial circuits Reference Section 3.3.1.a. containing 1 or more counties. There are no spe- b. The Criminal Court has appellate jurisdic- cialized divisions of the court. tion over criminal cases from limited jurisdiction (T.C.A. $16-207 to $16-2361 courts. Appeal is by trial de novo. 3.3.1 Jurisdiction (T.C.A. $116-502, 16-5121 a. The Circuit Court has jurisdiction over all 3.4.2 Judges (26) criminal cases unless another court is expressly a. The Criminal Courts do not have a chief given this jurisdiction. The court hears civil judge or presiding judges for the individual cases involving contracts or demands where the courts. Reference Section 3.4.1.a. amount in controversy exceeds $50 (in some larger b. Criminal Court judges must meet the same counties the minimum amount is $3,000). Unless one qualifications as Circuit Court judges. Reference party objects, the court can hear equity chan- Section 3.4.1.b. cery cases, divorce proceedings, landlord-tenant, C. Criminal Court judges are elected to 8.-year and adoption cases. terms by the voters of their respective geographic jurisdictions. 428

44 Ur (Const., Art. 6, 14; T.C.A. 1117-101, 17-102, 3.2.4 Organization. Law and Equity Courts have 17-103, 17-119; Executive Secretary] been established in Blount, Dyer, Gibson, and 3.5.2 Administration Montgomery Counties. There are no alalized a. There are no provisions for a chief judge divisions of the court. over all the circuits of the Criminal Court or for [T.C.A. 1116-242, 16-245, 16-249] presiding judges for the individual courts. Refer- 3.3.4 Jurisdiction e nce Section 3.5.1.a. a. The Law and Equity Court has full concurrent b. There are no provisions for an administrator jurisdiction with the Chancery Court (reference over all the circuits of the Criminal Court or for Section 3.3.3.0 and concurrent civil jurisdiction administrators for the individual.courts. Refer- with the Circuit Court (reference Section 3.3.1.a). e nce Section 5.2.b (state-level administrator). b. The Law and Equity Court of Gibson County c. Criminal Court clerks are selected in the hears appeals from the General Sessions Court. The same manner and perform the same duties as Circuit remaining courts have no appellate jurisdiction. Court clerks. Reference Section 3.5.1.c. (T.C.A. 1116-242, 16-2451 (T.C.A. 1118-105, 18-402) 3.4.4 Judges (5) 3.6.2 Rule-making. Reference Section 1.6. a. The Law and Equity Courts do not have a chief judge or presiding judges for the individual 3.1.3 CHANCERY COURT. The Chancery Court in each courts. county has two terms per year (each of up to 6 b. Law and Equity Court judges must meet the months duration). Certain courts are authorized same qualifications as Circuit Court judges. to have more than these. Reference Section 3.4.1.b. [T.C.A. 116-237 to 116-251] c. Law and Equity Court judges are elected to 3.2.3 Organization. The state contains 18 chancery 8-year terms by the voters of their respective divisions consisting of 1 or more counties. counties. (T.C.A. 116-237 to 116-255; Executive Secre- (Const., Art. 6,S4; T.C.A. 1117-101, 17-102, tary] 17-103, 17-119, Executive Secretary] 3.3.3 Jurisdiction 3.5.4 Administration a. The Chancery Court has full equitable juris- a. There are no provisions for a chief judge diction where over $50 is in controversy, and con- over all the Law and Equity Courts in the separate current jurisdiction with the Circuit Court in all counties or for presiding judges for the individ- actions triable to those courts except for cases ual courts. Reference Section 3.5.1.a. for unliquidated damages for injuries to property b. There are no provisions for an administrator not resulting from breach of contract. over all the counties of the Law and Equity Court b. The Chancery Court hears appeals from or for administrators for the individual courts. administrative agencies, boards, and commissions. Reference Section 5.2.b (state-level administra- (T.C.A. 114-523, 16-601, 16-602] tor). 3.4.3 Judges ('27 chancellors) c. Clerks of the Law and Equity Court are a. The Chancery Court does not have a chief selected in the same manner and perform the same judge or presiding judges over the individual duties as the Circuit Court clerks. Reference divisions. Four divisions that are coterminous Section 3.5.1.c. with circuits have presiding judges. Reference (T.C.A. 1118-101, 18-105, 18-402] Section 3.4.1.a. 3.6.4 Rule-making. Reference 1.6. b. Chancellors must meet the same qualifications as Circuit Court judges. Reference Section Courts of Limited or Special Jurisdiction 3.4.1.b. c. Chancellors are elected to 8-year terms by 4.1.1 COUNTY COURT. The County Court sits in con- the voters of their rexpective divisions. tinuous session. [Const., Art. 6, 14; T.C.A. 1117-101, 17-102, (T.C.A. 116-707] 17-103; Executive Secretary] 4.2.1 Organization. There is a County Court estab- 3.5.3 Administration lished in 68 counties in the state. There are no a. There are no provisions for a chief judge specialized divisions of the court. over all the divisions of the Chancery Court or for MC.A. 16-701; Executive Secretary] presiding judges for the individual Chancery Court 4.3.1 Jurisdiction e xcept for the four divisions that are coterminous a. The County Court has original jurisdiction with circuits. Reference Section 3.5.1.a. in the following cases: probate of wills, letters b. There are no provisions for an administrator testamentary, executorships, decedents' estates, over all the divisions of the Chancery Court or for guardianship, juvenile (unless the judge is not a administrators for the individual Chancery Courts. lawyer and there is a potential for confinement), Reference Section 5.2.b (state-level administra- partitions, name changes, competency hearings, and matters involving masters and apprentice,. tor). A c. Clerks of the Chancery Court are appointed b. The County Court has no appellate jurisdic- by the chancellors to 6-year terms. The clerks tion. perform the same duties as the Circuit Court IT.C.A. 116-709; Executive Secretary] clerks (reference Section 3.5.1.c). They also 4.4.1 Judges (68) have the power to perform as masters-in-chancery a. The County Courts do not have presiding (reference Section 6.2.3). judges. (T.C.A. 1118-105, 18-501, 18-502, 18-503; b. County Court judges mixt be 30 years of age, Executive Secretary] and they must have been a resident of the stet& for 3.6.3 Rule-making. Reference Section 1.6. 5 years and of the counties they serve for 1 years.., before being elected. 3.1.4 LAW AND EQUITY COURT. The Law and Equity c. County Court judges are elected to 4-year Court sits in continuous session. terms by the qualified voters of their respective counties.

429 4 1 7 (Const., Art. 7, 11; T.C.A. 117-101; Executive and maintenance of the court's records. Secretary] (T.C.A. 1116-1116, 16-1121, 16-1123, 18-409, 4.5.1 Administration 18-410] a. There are no provisions for presiding judges 4.6.2 Rule-making. The General Sessions Court is over the counties of the County Court. subject to the rules promulgated by the Supreme b. There are no provisons for administrators Court. Reference Section 1.6. The judges of the over the counties of the County Court. Reference court, however, are authorized to adopt rules to Section 5.2.b (state-level administrator). expedite their caseload. c. County clerk. serve as clerks of the County [T.C.A. $16-11201 Court. They are elected to 4-year terms by the voter, of the counties. The duties of the clerks 4.1.3 PROBATE COURT. The Probate Court terms vary Include managing the docket and records of the from county to county. court, maintaining the library of the court, (Executive Secretary] administering oaths to and receiving reports from 4.2.3 Organization. Three Probate Courts have been administrators of estates, and maintaining certain established by special legislation and exercise revenue records. countywide jurisdiction. There are no specialized IT.C.A. 118-105, 118-602 to 118-605] divisions of the court. 4.6.1 Rule-making. Reference Section 1.6. (Executive Secretary] 4.3.3 Jurisdiction 4.1.2 GENERAL SESSIONS COURT. General Sessions a. The Probate Court, where established, exer- Court terms vary from county to county. cises original jurisdiction in all probate matters (Executive Secretary] initially assigned to the County Court. 4.2.2 Organization. General Sessions Cgmrts have b. The Probate Court has no appellate jurisdic- been established in all but three counties. There tion. are no specialized divisions of the court. [F.S. Le Clercq, "The Tennessee Court System," [T.C.A. 116-1101; Executive Secretary] 8 Memphis State University Law Revue 185, 461 4.3.2 Jurisdiction (1978), (hereinafter Le Clercq)] a. The General Sessions Court can hear misde- 4.4.3 Judges (2;1 county judge and 5 general meanor cases if the defendant waives his rights to sessions judges also serve) indictment, information, grand jury investigation, a. The Probate Court. do not have presiding or jury trial, or if he pleads guilty. A fine of judges. more than $50 cannot be imposed. If the offense b. Two Probate Courts are presided over by automatically carries a greater penalty, it cannot Probate Court judges. In the remaining counties, be brought before the General Sessions Court. the Probate Court is served by county judges anti Generally, these courts have original jurisdiction general sessions judges. over civil cases with less than $5,000 in contro- c. See Section 4.4.3.b above. versy, all forcible entry and detainer cases, [Executive Secretary] equity cases not exceeding $1,500 in controversy, 4.5.3 Administration and action, to recover personalty and debts not a. There are no presiding judges for the Pro- exceeding $10,000 in value. Some courts have bate Court. juvenile jurisdiction. Special legislation has b. There are no provisions for administrators amended the jurisdiction of the General Session. for the Probate Court. Reference Section 5.2.b Court in certain counties. (state-level administrators). b. The General Sessions Court has no appellate c. There are no separate clerks for the Probate jurisdiction. Court except in Shelby County. The clerk of the [T.C.A. IS16-1104, 19-301, 40-1181 court that supplies the judge serves as clerk of 4.4.2 Judges (92) the Probate Court as well. He has duties as a. The General Session. Courts do not have prescribed by the judge of the Probate Court. presiding judges. [Le Clercq, Executive Secretary] b. General Session. Court judges must be at 4.6.3 Rule-making. Reference Section 1.6. least 30 year. of age, must have been Tennessee residents for 5 years, and must have been residents 4.1.4 JUVENILE COURT. The Juvenile Court terms of their respective counties for1 year. Two vary from county to county. counties, designated by population, have the [Executive Secretary] additional requirement that judges be attorneys. 4.2.4 Organization. Juvenile Courts have been c. General Sessions Court judges are elected established in 16 counties by special legislation. to 8-year terms by the voters of their respective There are no specialized divisions of the court. counties. [Le Clercq] (Const., Art. 6, 14; T.C.A. 1116-1105, 16-1106; 4.3.4 Jurisdiction Executive Secretary] a. The Juvenile Court, where established, has 4.5.2 Administration jurisdiction over all juvenile matters usually a. There are no provisions for presiding judges handled by the County Court. Reference Section for the General Sessions Court. 4.3.1.a. b. There are no provisons for administrators b. The Juvenile Court has no appellate juris- for the General Sessions Court. Reference Section diction. 5.2.b (state-level administrators). IT.C.A. 1137-203, 37-204; Le Clercq]

c. Unless a separate clerk is provided for by 4.4.4 Judges (6;7 general sessions judges, 1 special legislation, the clerk of the Circuit trial justice, and 2 county judges also serve) Coozt (reference Section 3.5.1.c) serves as the a. The Juvenile Courts do not have presiding clerk of the General Sessions Court. The clerk'. judges. duties include issuanceof_process, setting bond b. The requirements and selection process for in the absence of the judge, -calleilion of fees, each Juvenile Court judgeship vary from act to act.

430 C. See Section 4.4.4.b bove. 4.4.6 Judges (192) [La Clercq; Executive Secretary) a. The Milnicipal Courts do not have presiding 4.5.4 Administration judges. a. There are no provisions for presiding judges b. The qualifications of Milnicipal Court for the Juvenile Court. judges vary according to locality. b. There ire no provisions for administrators c. The selection process for Miinicipal Court for the Juvenile Court. Reference Section 5.2.b judges varies according to locality. (state-level administrator). [T.C.A. 116-2119, 6-3302; Executive Secretary) c. County Court, General Sessions Court, or 4.5.6 Administration Circuit Court clerks usually serve a Juvenile a. There are no provisions for presiding judges Court clerks a well. The clerk is responsible over the Milnicipal Court. for handling fees, process, records, and reports b. There are no provisions for administrator, of the court. of the Milnicipal Court. [La Clercq] c. Provisions for clerks vary according to 4.6.4 Rule-makint. Reference Section 1.6. locality. [Le Clercq] 4.1.5 TRIAL JUSTICE COURT. The Trial Justice Court 4.6.6 Rule-making. There are no statewide uniform terms vary from county to county. rules of procedure for the Milnicipal Court. Con- [Executive Secretary] sequently, each court is free to formulate its own 4.2.5 Organization.The Trial Justice Court is procedoral rules not inconsistent with state law. located in two counties, Anderson and Sevier, and [Le Clercq] continues to have trial jurisdiction in lieu of the formation of a General Sessions Court. There are State-Level Adminstration no specialized divisions of the court. [T.C.A. 116-1101; Executive Secretary] 5.1 General administrative authority. The Supreme 4.3.5 Jurisdiction Court is vested with supervisory control over gen- a. The Trial Justice Court has the same origi- eral jurisdiction and appellate courts in the nal civil jurisdiction as the General Sessions state. The court is statutorily empowered to "take Court. Reference Section 4.3.2.a. Justices have all . . . action . . . necessary to the orderly criminal jurisdiction in cases where the possible 'administration of justice within the state."The fine does not exceed $50 and the sentence does not Chief Justice has the authority to temporarily xceed 11 months and 29 days. assign judicial personnel. Primarily through the b. The Trial Justice Court has no appellate Executive Secretary, he supervises the courts' jurisdiction. financial, educational, planning, and operations (T.C.A. 119-3011 affairs. He is the chief representative of the 4.4.5 Judges (2) court system.Through the Executive Secretary he a. Trial Justce Courts do not have presiding supervises the administrative staff. Reference judges. Section 1.5.a. b. Trial Justice Court judges must be 30 years [T.C.A. 1116-330, 16-331; Office of the Execu- of age, must have been residents of Tennessee for tive Secretary] 5 years, and must have been residents of their 5.2 Office of the Executive Secretery to the Su- respective counties for 1 year. preme Court c. Trial Justice Court judges are elected to a. This office was created by statute 4to 8-year terms by voters in the county by partisan assist in improving the administration of justice election. in Tennessee." [Executive Secretary] b. Executive Secretary 4.5.5 Administration (1) This position is statutorily authorized. a. There are no prcvisions for presiding judges (2) The Executive Secretary is appointed by for the Trial Justice Court. the Supreme Court and serves at its pleasure. He b. There are no provisions for administrators must have been a resident of the state for 5 years for the Trial Justice Court. Reference Section and must be a member of the Tennessee Bar. The 5.2.b (state-level administrator). Executive Secretary is barred from practicing law c. There are no provisions for clerks for the while in office. Trial Justice Courts. (3) The Executive Secretary performs all 4.6.5 Rule-making. Reference Section 1.6. Certain duties assigned to him by the Supreme Court in rules of civil procedure are statutorily defined. order to expedite litigation and improve court [T.C.A. 119-401 to 119-4281 administration. He is also charged with administering the judicial budget of the tate, providing 4.1.6 MUNICIPAL COURT. The Milnicipal Court meets secretariat services for the Judicial Council 5 days a week at 3:00 p.m. (reference Table 29: Judicial councils and con- [Chapter 244, House Bill No. 6971 ferences), and maintaining "minimum law libraries" 4.2.6 Oreanization. The organization of the MD- for all courts of record in the tate to the extent nicipal Court is contingent upon the form of of his budgetary capabilities. municipal government installed. Consequently, c.,Office organization. The Executive Secre- organization varies with municipalities. tary is authorized to appoint a staff of assis- 4.3.6.Jurisdiction tants, clerical workers, and others as necessary a. The Milnicipal Court has jurisdiction over to perform his duties. The Office of the Executive violations of municipal ordinances and charters. Secretary to the Supreme Court consists of 20 The Municipal Court also has jurisdiction over people: 16 professionals (including the Executive other offenses where the fine does not exceed $50. Secretary) and 4 clerical personnel. The profes- b. The Milnicipal Court has no appellate juris- sional staff provides support services in the fol- diction. lowing areas: systems analysis and programming; (Const., Art. 6, 114; T.C.A. 1140-407, 40-408; payroll; education; office management; Legislative, L. Clercq] executive, public, and media information; and plan- 431 4 Figure 2:Tennessee state-level administrative officeof the courts, 1980

Isecutive Secretary

Administrative Indieent Fiscal Chief Staff Counsel Staff Judiciel Staff Planner

- Isecutive Claims auditor Director offiscal ecrtry Asst. claims affairs Administrative 'auditor Asst. director of asst./project - Fiscal clerk fiscal affairs director Fiscal clerk - Staff associate/ property director - Secretary Staff associate/ property director Secretry

Research and Judicial Proeram Plannine Development Center Staff Staff

Educational planner - Courts planner - Statistical director Judicial planner Director of information and publication Judicial planner Keypunch operator Word processor operator - Statistical planner - Secretary

4 -

(4 -(1 1.)ki

432 ning and research activities, which include judi- freeholders." cial planning. b. Three or more commissioners are appointed (T.C.A. 116-235 to 116-328; Executive to partition and sell land in accordance with a Secretary) judgment of the appointing court. (T.C.A. 116-712, 123-2117 to 123-1211 Quasi-JudiAcial Officers Judicial Discipline 6.1.1 ALE TRIAL COURTS 6.2.1 Commissioner 7.1 COURT OF THE JUDICIARY. The court consists of a. The positions require only that commission- 11 persons: three appellate judges, appointed by ers be disinterested parties and not related to any the Supreme Court; one trial judge from each of the party to the case. They are appointed by the court three grand divisions of the state, appointed by or clerk. the Supreme Court; one practicing attorney from b. Commissioners are empowered to issue sub- each grand division, appointed by the board of Gov- poenas and take depositions. ernors of the Tennessee Bar; and two lay persons, (T.C.A. 1124-920, 24-9221 one appointed by each houseofthe Tennessee legislature. 6.1.2 ALL TRIAL COURTS (T.C.A. 117-8041 6.2.2 Special masters 7.2 Authority and procedure for sanction. When a a. There are no formal qualifications for charge against any judge is made to the court, a special masters. Chancery Court clerks have full preliminary examination is made to determine if the powers as masters by virtue of their office. Mas- complaint is frivolous or deserving of further atters are court-appointed otherwise. tention. An'investigating officer makes this exam- b. Special masters are empowered to conduct ination and reports to the court. If a minor in- hearings, take evidence, and report to the ap- fraction is found to have occurred, a simple cease pointing court on particular issues. Masters have and desist order is issued. If a major offense is the power to subpoena. found to have possibly occurred, the matter pro- (T.C.A. 118-503; Rules of Civil Procedure ceeds to trial before the court. The accused has (R.C.P.) 53.01, 53.02, 53.031 the right to appeal any adverse judgment of the court to the Supreme Court. If the Supreme Court 6.1.3 CIRCUIT COURTCRANCERY COURT, LAW AND EQUITY affirms and the penalty imposed is removal from of- COURT, AND COUNTY COURT fice, the judgment is reviewed further by the Gen- 6.2.3 Commissioner in chancery eral Assembly of the state where a two-thirds vote a. Colmissioners in chancery are appointed by of each house is required for actual removal. the court and are only required to be "respectable (T.C.A. 117-814 to 117-8211

414.

4'31

433 Figure 1:Texas court system, 1980

SUPREME COURT COURT OF CRIMINAL APPEALS 9 justices 9 judges Courts of Jurisdiction: Jurisdiction: last - Final :appellate jurisdiction - Final appellate Jurisdiction resort in civil and Juvenile cases., in criminal cases.

COURT OF CIVIL APPEALS (14) $1 judges Jurisdiction: Intermediate - Civil appeals from trial courts appellate in their respective supreme Court 44. judicial districta.

411, Criminal matters.

DISTRICT COURT (310) I 310 judges s DISTRICT COURT CRIMINAL DISTRICT FAMILY DISTRICT COURT Jurisliction. COURT (10) Jurisdiction: 11 - Original jurisdiction in 10 judges - Domestic relations, Criminal civil actions over $500, Jurisdiction: divorce and annulment, Metter.. divorce, title to land, - Exclusive birth records, child contested elections, criminal custody and support. Court of and probate matters. Jurisdiction. Juvenile delinquency, gtneral - Original Jurisdiction in dependency, and Jurisdiction fislony netters. neglect. - Juvenile matters.

Appeals de novo in probate. ' Jury.trials.

=WM/ COUNTY COURT (260) ,C 360 judges

CONSTITUTIONAL COUNTY COURT (254) COUNTY COURT AT LAW '498) PROBATE COURT (8) 254 judges 98 judges 8 judges Jurisdiction: Jurisdiction* Jurisdiction. - Original jurisdiction in civil - Civil actions under - Limited probate actions between $200 and $1,000. $5,000. Varied limited [lettere. Probate. jurisdiction over civil

- Exclusive original jurisdiction over matters. , misdemeanors with fine greater than - Limited jurisdrction $200 or jail sentence (except where over criminal matters. there is Criminal District Court.) Appeals de novo. , Appeal. de novo. Six-person jury trials. Six-person Jury trials.

(Some Municipal and Justice of the Peace Courts of Court decisions may be appealed to the limited District Court.) jurisdiction

MUNICIPAL COURT (663) JUSTICE OF THE PEACE COURT (972) 863'judges 972 j6dges Juriediction: Jurisdiction. - Misdemeanor. with fine less - Civil actions under $200. than $200. Small claim.. - Exclusive jurisdiction over - Criminal cases with fine less municipal ordinance violations. than $200. Jury trials. Preliminary hearings. Jury trials.

ItIndicates route of appeal.

4.,

4 434 TEXAS

Courts of Last Resort c. The clerk of the Supreme Court, a position authorized by the constitution, is appointed by the 1.1.1 SUPREME COURT. The Supreme Court holds one court to a 4-year term. There are no statutory term coincident with the calendar year in Austin, provisions for assigning administrative duties to the state capital. the clerk. He has responsibilities as determined [Constitution, Article V, Sections 3, 3a] by the court. 1.2.1 Organization. The constitution provides that [Const., Art. V, S3; O.A.C.S., Arts. 1718, five of the nine Supreme Court justices constitute 1720] a quorum and the concurrence of five is necessary 1.6.1 Rule-making. The Supreme Court is constitu- for a decision. When business requires, the court tionally empowered to make and enforce all may sit in sections as designated b}, the court to necessary rules of practice and procedure, not hear argument of causes and to consider applica- inconsistent with the law, for the government of tions for writs of error or other preliminary the court and all'other courts of the state. matters. Statutes further provide that in order to confer [Const., Art. V, S2) upon and relinquish to the Supreme Court full rule- 1.3.1 Jurisdiction making power in civil judicial proceedings, all a. The Supreme Court has original jurisdiction laws governing such procedure are repealed. There- to issue necessary writs and to conduct proceedings by, the Supreme Court is granted full rule-making for involuntary retirement or removal of judges. power in civil actions.The Supreme Court is stat- b. The Supreme Court has statewide final appel- utorily authorized to promulgate rules of adminis- late jurisdiction in civil and juvenile cases only. tration for the efficient administration of justice [Con!t., Art. V, S3; Vernon's Annotated Civil in the state. When promulgating rules for the Statutes (hereinafter V.A.C.S.), Articles 1728, administration of criminal justice, the Supreme 1,733; Fifty First Annual Report, Texas Judicial Court must seek the advice of the Court of Criminal Council, and Third Annual Report, Office of Appeals. Court Administration, April 1980 (hereinafter [Const., Art. V, S25; V.A.C.S. Arts. 1731, 1979 Annual Report] 1731a, 2328b) 1.4.1 Justices (9) a. The Chief Justice is elected to a 6-year 1.1.2 COURT OF CRIMINAL APPEALS. The Court of term by the qualified voters of the state at a gen- Criminal Appeals sits in Austin from the first eral election. Monday in October to the first Saturday in b. Supreme Court justices must be citizens of September each year. the United States and of the state, must be at [Const., Art, V, S5; V.A.C.S., Art. 1804] least 35 years of age, and must have been prac- 1.2.2 Organization. For the purpose of hearing ticing lawyers or a combination of lawyer and judge cases, the Court of Criminal Appeals may si$ in of a court of record together for at least 10 panels of three judges as designated by rule of the years. court. In a panel of three, two judges constitute c. Supreme Court justices are elected (three a quorum and the concurrence of two is necessary of them every 2 years) in partisan, statewide elec- for a decision. The presiding judge, under rules tions. All justices, including the Chief Justice, established by the court, must convene the court serve 6-year overlapping terms. Vacancies are en banc for the transaction of all other business filled by the Governor with the advice and consent and may convene the court en banc for the purpose of the Senate. Appointed justices serve until the of hearing cases. The court must sit en banc dur- next succeeding general election. ing proceedings involving capital punishment and [Const., Art. V, SS2, 28; Administrative other cases as required by law. When convened en Director; 1979 Annual Report, p. 9] banc, five judges constitute a quorum and the con- 1.5.1 Administration currence of five is necessary for a decision. a. The Supreme Court exercises administration [Const., Art. V, S4] and supervision of the entire court system through 1.3.2 Jurisdiction the Chief Justice, the Administrative Director of a. The Court of Criminal Appeals has Original the Courts, the presiding judges of the nine judi- jurisdiction to issue writs of habeas corpus and cial districts, District Court county presiding other Writs necedsary to its jurisdiction.. judges and court coordinators, Conititutional b. The Cdurt"of Criminal Appeals his statewide County Court presiding judges and caurt:coordinar final appellate jurisdiction in all criminal-cases. tors, court adminittretors for the County*Court.,at. [Const., Art. V, S51

Law, and Municipal Court presiding judges. 1.4.2 Judges.(9) , once Section 5.1, (General edministrative,author- a. The Presiding Judea is elected to a,6-year ity). The-Chief JUitice.halcno,specifically. term by popular vote in a partisan election. articulated duties with regatd:to the admihistta- b* Court of Criminal Appeals judges must meet tinn-of the Supreme Couri. the same qualifications as Supreme Court justices. 15:, Reference Section-5.2.b (state-level admin= Reference Sectioh 1.4.I.1,. -,1strator).' ;-- 435 453 co. Court of Criminal Appeals judges are elected justice over all the supreme judicial districts of by the voters of the state in partisan elections. the Court of Civil Appeals, there is a chief jus- All judges serve 6-year overlapping terms. Vacan- tice, however, for each of the 14 supreme judicial cies are filled by the Governor, with the advice districts. The chief justices have no specifically and consent of the Senate. Appointed judges serve articulated duties with regard to the administra- until the next general election. tion of the Court of Civil Appeals. [Const., Art. V, §4; V.A.C.S., Art. 1802; Ad- b. There is no provision for an administrator ministrative Director; 1979 Annual Report, p. for the Court of Civil Appeils. Reference Section 10] 5.2.b (state-level administrator). 1.5.2 Administration c. The constitution provides that each Court a. The Presiding Judge has no specifically of Civil Appeals may appoint a clerk in the same articulated duties with regard to the administra- manner as the Supreme Court. There are no stat- tion of the Court of Criminal Appeals. utory provisions for assigning administrative b. Reference Section 5.2.b (state-level admin- duties to the clerks. They have responsibilities istrator). as determined by the court. c. The clerk, whose position is authorized by [Const., Art. V, S6; V.A4C.S., Art. 1831 to the constitution, is appointed by,the court for a Art. 1836] 4-year term. There are no statutory provisions for 2.6 Rule-making. The Supreme Court makes rules of assigning administrative duties to the clerk. He civil practice and procedure and rules of court has responsibilities as determined by the court. administration for use in the Court of Civil [Const., Art. V, 55; V.A.C.S., Art. 18081 Appeals. 1.6.2 Rule-making. The court has no constitutional [Const., Art. V, §25; V.A.C.S., Arts. 1731, or statutory rule-making authority. Procedure is 2328b] governed by the Code of Criminal Procedure. Court of General Jurisdiction Intermediate Appellate Court 3.1 DISTRICT COURT. Each court holds at least two 2.1 COURT OF Cl/IIIAPPEALS. The term of the Court terms per year. of Civil Appeals is from the first Monday in Octo- [Const., Art. V, §6; V.A.C.S., Art. 19191 ber of each year until the first Monday in October 3.2 Organization. The constitution provides that of the following year. the state will be divided into as many single-judge [V.A.C.S., Art. 1816] judicial districts as provided by law. There are 2.2 Organization. A Court of Civil Appeals sits approximately 310 separate District Courts, iden- in each of 44 supreme judicial districts around the tified by separate numbers, each having its own state. Eleven courts currently consist of three judge and geographical jurisdiction. In a number justices, two of whom constitute a quorum; and the of areas, the geographical jurisdiction of two or concurrence of two is necessary for a decision. more District Courts is overlapping. The court Three of the 14 Courts of Civil Appeals consit of sits at the county seat of each county included in six justices and may sit in panels of not less than each respective geographical district. Statutes three justices. The concurrence of a majority of determine which District Courts are primarily re- a panel is necessary for a decision. Effective sponsible fOr criminal, civil, or family matters. January 1983, a fourth court will consist of six Geographical locations of Family District Courts justices. Each of the remaining courts will con- and Criminal District Courts are provided in the tinue to onsist of three judges. statutes. For administrative purposes, the state [Con Art..V, §6; V.A.C.S., Arts. 1812, is divided into nine administrative judicial dis- 1817 tricts, each headed by a presiding judge. 2.3 Jurisdiction [V.A.C.S,, Arts. 199e, 200a, 1926a, 1926-1 et. a. The Courts of Civil Appeaks have limited 1976 Annual Report, p. 6; Administrative original jurisdiction to issue writs necessary to Director] enforce their jurisdiction. 3.3 Jurisdiction b. The Courts of Civil Appeals have interme- a. The District Court has original jucisdiction diate appellate jurisdiction in civil cases only in all felonies, cases of divorce, title to land, from trial courts in their respective supreme ju- contested elections, civil matters involving $500 dicial districts. or more, and probate matters. In addition, these [Const., Art. V, §6; V.A.C.S., Arts. 1819, courts have general jurisdiction over all causes 1823; 1979 Annual Report, p. lb] of action for which a remedy or jurisdiction is not 2.4 Justices (51) provided by law or by the constitution, and have a. There is no provision for a chief justice the power to issue necessary writs. over all the supreme judicial districts of the Most District Courts exercise both criminal Court of Civil Appeals. Each of the 14 supreme and civil jurisdiction, but in the metropolitan judicial districts has a chief justice, who is areas, there is a tendency for the courts to spe- elected to a 6-year term by the voters of the dis- cialize in either criminal or civil cases. Several trict in A general election. District Courts are specifically established by law b. Court of Civil Appeals justices must meet and designated as Criminal District Courts. In the same qualifications as Supreme Court justices. general these courts exercise exclusively criminal Reference Section 1.4.1.b. jurisdiction, although in some courts the juris- c. Court of Civil Appeals justices are elected diction ham been increased to include civil matters by the voters of their respective districts. They such as divorce, dependent and delinquent children, serve 6-year overlapping terms. adoption, and habeas corpus proceedings. [Const., Art. V, §6; Administrative Director] In addition, Family District Courts have 2.5 Administration been created by law to replace Domestic Relations a. Whereas there is no provision for a chief Courts and special'Juvenile Courts. Each has the

436 41 -..1 jurisdiction and power provided for the District lation, district judges in other counties may Court by the constitution and laws of the state. select presiding judges. Its jurisdiction is concurrent with that of other b. There is no provision for an administrator District Courts In the county in which it is lo- over all the districts of the District Court. cated. A Family District Court has primary respon- Reference Section 5.2.b (state-level administra- sibility for cases involving family law matters. tor). The Criminal District Courts and the Dis- Statutes specify, however, that the act creating trict Courts of general jurisdiction in counties them does not limit *he jurisdiction of other Dis- with a population greater than 700,000 that give trict Courts nor relieve them of responsibility for preference to criminal cases may establish and handling cases involving family law matters. maintain a court coordinator system, and designate b. The District Court has appellate jurisdic- the duties to be performed by the coordinator to tion in probate matters and.general supervisory improve criminal justice and expedite the proces- control over Commissioner's Courts (made up of one sing of criminal cases through the District Court. commissioner from each of the four county precincts Court coordinators are appointed by and serve at and the county judge, who serve as the county the pleasure of the District Court. There are no governing board). statutory provisions for court coordinators or [Const., Art. V, S8; V.A.C.S., Art.'s 1906 to administrators for the Family District Court or the 1918, 1926a, 1926-1 et. seq., 2339, 2342, District Court emphasizing civil cases. 2352; 1976 Annual Report, p. 171 c. The constitutioi provides for the election 3.4 Judges (310) of a clerk for the plee-FRt Court of each county a. There is no provision for a chief judge over every 4 years. The district clerk also serves the all the districts of the District Court. There is Family and Criminal District Courts in the same a presiding judge, however, for each ofthe nine county. In counties with a population under 8,000, administrative judicial districts. The presiding a single clerk is elected to perform the duties of judges are appointed by the Governor to 4-year the district clerk and the county clerk unless a terms with the advice and consent of the Senate. majority of the qualified voters elect to keep.the b. District Court judges must be citizens of offices of county and district clerk separate. the United States and of Texas, must have been There are no statutory provisions for assigning residents of the district for 2 years, must be at administrative duties to the district clerk. He leAt age 25, must be licensed to practice law in has responsibilities as determined by the court. the state, and must have been a practicing lawyer Four statutes provide for the appointment by the or judge for 4 years. To qualify as a presiding district judges in a county of an "assignment judge of an administrative judicial district, a clerk- to serve the courts in the setting of cases person must be a regularly elected district judge, and disposing of cases. a retired district judge, or an active or retired IConst., Art. V, 559, 20; V.A.C.S., Arts. appellate judge with judicial experience on a 119(11), 119(14), 199(37), 200a, 200b, 1894 to District Court who, if retired, voluntarily retired 1905, 1926a,4926-1 et. seq., 2092 subd. 18a, from office. The person must reside within the 2093c, 2093d, 2093e, 2093f; Administrative district and must have certified his willingness Director] to serve as a presiding judge. 3.6 Rule-making. The Supreme Court is empowered c. District Court judges are elected by the to make and enforce all necessary rules of civil qualified voters of their respective districts at procedure and practice and rules of administration the general election. They serve 4-year terms. for use in the District Court. Criminal procedure- [Const., Art. V, 557, 7p, 28; V.A.C.S., Arts. is governed by the Code of Criminal Procedure. An 200a, 18841 annual Conference of District Judges (reference 3.5 Administration Table 29: Judicial councils and conferences) in a. Whereas there is no provision for, a chief each administrative judicial district is convened judge over all the districts of the District Court, by the presiding judge. The conference is empowL the presiding judges of the administrative judicial ered to adopt rules for the administration of cases districts are responsible for the administration in the administrative district. In any county in of their respective districts. Eachpresiding which there are three or more district-level judge may assign any active or retired district courts, the'judges of those courts may make rules judge residing within his administrative judicial governing assignment, docketing, transfer and hear- district to serve in any of the district-level ing of cases, and rules of practice and procedure courts within the district.The presiding judge not inconsistent with statutes or the Texas Rules of one district may request the presiding judge of of Civil Procedure. another to assign district judges from his district [Const., Art. V, 525; V.A.C.S., Arts. 200b, to sit in a District Court of the judge making the 1731, 2328b; 1976 Annual Report, p. 36] request. The presiding judge convenes an annual conference of the judges within the administrative COurts of Limited or Special Jurisdiction judicial district to consult on the. state of the business in the courts. In any county in which 4.1.1 COUNTY COURT. The Texas Constitution pro- there are three or more district-level courts, the vides for a County Court in each county presid&J judges of those courts may elect a presiding judge over by the county judge. To relieve the calendar who, subject to the local rules, may assign and congestion of the single Constitutional County transfer cases and judges among the courts in the Courts; the legislature has established special county. The law also provides that, subject to courts called Probate Courts and County Courts at the local rules, the presiding judge may appoint Law in certain counties having large populations. presiding judges for courts assigned to.specific The Constitutional County Court must hold at least cl f cases such as civil, criminal, or juve- four terms for both criminal and civil business The County Court at Law holds terms nile. Pursuant to specific court-creating legis- annually.

437

L;.t) beginnine on the first Monday in February, May, Au- elected by the qualified voters of their respective gust, and November. The court remains in session counties. They serve 4-year terus. Selection may for 3 weeks provided it stays open at all times vary, but County Court at Law judges are generally for the transaction of probate business. elected in countywide partisan elections; [V.A.C.S., Art. 1961; 1979 Annual Report, p. vacancies between elections are filled by county 9; Administrative Director] commissioners. Terms may vary, but_are generally 4.2.1 Organization. The constitution provides for 4 years. a County Court of Record in each county of the [Const., Art. V, SS15, 28; V.A.C.S., Arts. state with one judge per court. Each County Court 1934d, 1970L1 et. mi.; 1976 Annual Report; at Lay is located at the county seat, with one p. 19; Administrative Director] Jude. per court. 4.5.1 Administration [Const., Art. V, S15; V.A.C.S., Art. 19701 a. Presiding judges exist in counties with a 4.3.1 Jurisdiction population greater than 1,500,000 in which there a. The Constitutional County Court has exclu- are nine or more courts having county-level crim- sive orieinal jurisdiction over all misdemeanors inal jurisdiction. The presiding judge presides involvine a fine in excess of *200 or a jail sen- at any session of the judges of the courts and is tence, but criminal jurisdiction does not exist in an ex officio member of all committees created by - any county that has a Criminal District Court. the judges pertaining to the administration of The Constitutional County Court has jurisdiction justice and the dispatch of business. The presidin the forfeiture of bonds, and may issue writs of ing judge is chief administrator of the office of habeas corpus unless such jurisdiction was confer- County Court coordinators. He is in charge of pre- red upon the District Court. The Constitutional trial release and other court-related services in County Court has exclusive original jurisdiction misdemeanor cas in civil cases where the contested amount is be- b. In counti, with a population over tween *200 and 000, and concurrent jurisdiction 1,500,000, a co manager and coordinator system with the District Court in cases involving between may be estab for the Constitutional County $500 and $1,006. The court has general probate Court and the C ty Court at Law exercising crim- jurisdiction. The original jurisdiction of the inal jurisdiction. The courts may by rule desig- pecial county courts (County Courts at Law and nate and set out the qualifications of and duties Probate Courts) varies according to the statute to be perforued by the court manager and coordina- under which ach court was created. The courts tors to improve criminal justice and expedite the have varied names, reflecting the fact that some processing of criminal cases through the County of these courts are intended to exercise subject- Courts. A County Court at Law that has criminal matter jurisdiction in only limited fields, such jurisdiction in a county that has more than one as crisinal, civil, or probate; but the names do court may establish and maintain a court not always disclose their complete jurisdiction. administration system if approved by the All County Courts at Law have civil jurisdiction Commissioner's Court..Reference Section 3.3.b. over cases involving up to 0,000.The Probate The courts designate the duties of the court Court handles probate matters only. administrator, who is appointed by and serves at b. The Constitutional County Court has de novo theapleasure of the judges of such courts. appellate jurisdiction in cases tried in the Muni- c. The constitution provides for the election cipal and Justice Courts when the amount in of county clerks every 4lears who serve as clerks controversy exceeds *20. of the Constitutional County Court. Clerks are Some County Courts at Law have appellate authorized to issue iarrialte licenses, administer jurisdiction over cases appealed from Justice of oaths, take depositions, act as county recorders, the Peace or Municipal Courts. and keep court records. The county clerk may [Const., Art. V, S16; V.A.C.S., Arts. 1949, appoint deputies. 1950, 1960-1, 1960-2, 1960-3, 1960-4, 1961, in general, the County Court at Law and the 1970, 1970a, 1970-1 et. .E2.; 1976 Annual Probate Court are served by the county clerk. Report, p. 18; 1979 Annual Report, p. 81 [Const., Art. V, S20; V.A.C.S., Arts. 1934b, 4.4.1 Jud es. There are 254 judges serving the 1934c, 1934d, 1935, 1938, 1970-1 et. mi.] Constitutional County Court, 98 judges serving the 4.6.1 Rule-making. The Supreme Court may promul- County Court at Law, and 8 judges serving the Pro- gate rules of civil procedure and practice'bnd bate Court. rules of administration for use in the County a. Statutes provide that the judges of courts Court. Criminal procedure is governed by the Code having county-level criminal jurisdiction in of Criminal Procedure. The judges of courts having counties vith a. population over 1,500,000 in which county-level criminal jurisdiction in counties with there are nine or more such courts may select from a population over 1,500,000 in which there are nine their number a presiding judge. The presiding or more such courts may adopt rules not inconsis- judge is elected by a vote of two-thirds of the tent with the Code of Criminal Procedure and the Jude.s of such courts. He is elected to a teru of Texas Rules of Civil Procedure for practice and 6 months and serves until his successor is elected. procedure in such courts. A rule may be adopted b. Constitutional County Court judges must be by a two-thirds vote of the judges. "well informed in the taw of the state." There.are [Const., Art. V, S25; V.A.,C.S., Arts. 1731, no further qualifications for presiding judges. 1934d, 2328b1 Qualifications for judges,of the County Court at Law and Probate Court vary according to the statute 4.1.2 JUSTICE OF THE PEACE COURT. Each justice that created the court. Some include 2 to 5 years holds a term of his court for civil business once of experience as a practicine attorney and the re- in each month. He may transact business out of quirement of residence in the county. term time as authorized by law. c. Constitutional County Court judges are [V.A.C.S., Art. 23801

438 7 I" 4.2.2 Organization. The constitution provides that b. Qualifications for Municipal Court judges e ach county is to be divided into between four and vary according to municipal ordinances; however, e ight justice precincts, each of which has one in the courts of record the judge must be a e lected justice of the peace. If a precinct licensed attorney. appointed or includes a city of 8,000 or more inhabitants, one c. Municipal Court judges may be They additional juptice is elected. The Jumtiee of the elected, as governed by municipal charter. Peace Court also functions as a Small Claims Court. generally serve 2-year terms. [Const., Art. V, S18; V.A.C.S., Art. 2460a] [V.A.C.S., Arts. 1194, 1196, 1197, 1198, 1200a 4.3.2 Jurisdiction et. lei.; Administrative Director] a. The Justice of the Peace Court has original 4.5.3-Administration presiding judges jurimdiction in both criminal and civil came. when a. Administrative duties of the amount in controversy or the fine does not in multi-judge Municipal Courts are locally deter- e xceed $500. The Small Claims Court has jurisdic- mined. tion in diiputes over unpaid wages and salaries b. There are no provisions for administrators when the contested amount does not exceed $200 and for the Municipal Court. -Reference Section 5.2.b in controvermism over uncollected bills when the (state-level administrator). amount does not exceed $150. Justices may issue c. Clerks are selected by the city governing warrants and conduct preliminary hearings. body or, if provided by ordinance, the city secre- b. The Justice of the Peace Court has no appel- tary serves as clerk.Administrative responsi- late jurisdiction. bilities are locally determined. [Const., Art. V, S19; V.A.C.S, Art. 2460a; [V.A.C.S., Art. 1200] Code of Criminal Procedure, Art. 45.18, 4.6.3 Rule-making. The Municipal Court has no con- Sections 2.09, 16.011 stitutional or statutory rule-making authority. 4.4.2 Judges (972) Procedure is specified by the Code of Criminal Pro- a. The Justice of the Peace Court does not have cedure, Arts. 45.01 et. lei. The Supreme Court may premiding judges. promulgate rules of administration. b. There are no formal qualifications for the [V.A.C.S., Art. 2328b1 position of justice of the peace. c. Justices of the peace are elected by the State-Level Administration voters of the preinc . They serve 4-year terms. The Supreme [Const., Art. V, S 8; Adminietrative Director] 5.1 General adminimtrative authority. 4.5.2 Administrati Court is statutorily authorized to promulgate rules a. There are no provisions for presiding judges of administration for the efficient administration for the Justice of the Peace Court. of justice in Texas. When promulgating rules for b. There are no provisions for administrators the administration of criminal justice, it must for the Justice of the Peace Court. Reference eek the advice of the Court of Criminal Appeal,. Section 5.2.b (state-level administrator). The SupremeTourt supervises and directs the Office c. There are no provisions for clerks for the of Court Administration. The Chief Justice has a Justice of the Peace Court. The justice himself number of reeponsibilities relating to the assign- is charged with keeping books and records. ment of judges. Reference Section 1.5.1.a. [V.A.C.S., Art. 23831 [V.A.C.S., Art. 2328b] 4.6.2 Rule-mAking. The Justice of the Peace Court 5.2 Office of Court Administration has no constitutional or statutory rule-making a. The Office of Court Administrationis authority. Criminal procedure is governed by the authorized by statute. Code of Criminal Procedure, Arts. 45.01 et. .11. b. Administrative Director of the Courts Civil procedure is in accordance with the Texas (1) The position of Administrative Director Rules of Civil Procedure. The Supreme Court may of the Courts is authorized by law. promulgate rules of administration. (2) go statutory qualifications are pre- [V.A.C.S., Art. 2328b; Administrative Director] scribed for the position. The qualifications are determined by the Chief Justice. The Administra- 4.1.3 KUNICIPAL COURT. Where terms exist, they are tive Director is appointed by and serves at the determined by local ordinance. pleasure of the Supreme Court. [Administrative Director) (3) The Administrative Director supervises 4.2.3 Organization. Authorized by tatute, the the operations of the Office of Court Administra- Municipal Court is established in cities, towns, tion and serves as Executive Director of the Texas and villages of the state. Metropolitan cities may Judicial Council (reference Table 29: Judicial have more than one Municipal Court.There are no councils and conferenfes). Under the direction and specialized dimisions of the court. supervision of the Ch,110 Justice, the Administra- [V.A.C.S., Arts. 1194, 1194A, 1200. et. Lev] tive Director performs a number of duties, includ- 4.3.3 Jurisdiction ing making recommendations regarding forms, a. The Municipal Court has original and exclu- methods, and systems used in clerks' offices and sive jurisdiction over ordinance violations (pri-- other offices serving the courts; examining dockets marily traffic offentes), and concurrent jurisdic- and practices and procedures of the courts, and tion with the Justice of the Peace Court in misde- E akins recommendations for the efficient adminis- meanor ages resulting from violations of state tration of justice; preparing and ubmitting budget laws within the city limits, where punishment does estimates of tate appropriations for the mainte- not exceed a $200 fine. nance and operation of the judicial system, and b. The Municipal Court has no appellate Juni.- studying and making recommendations on the expen- diction. diture of tate funds; and preparing an annual [V.A.C.S., Art. 1195] report of the activities of his office tcrbe pub- 4.4.3 Judges (163) lished in the annual report of the Texas Judicial a. If the Municipal Court has more than one Council. judge, the local governing body may designate presiding judge. 439 4Lo Figure 2:Texas state-level administrative office ofthe courts, 1980

State Court Administrator ,

Legal Finance Staff Dots Technical Counsel Director Services Processing Services Officer Director Director

., Legislative Internal responsi- Technical - Sytees emalysis - Statistics liaison bilities assistance - Programming - Sesearch - Legal assistance. Payroll and - Court systems - Computer operations Reeerde management Internal and personnel analysis - Technical assistance external - Account mainte-- Resource service - Publications General nance - Statistical analysis administration Budgeting Develop system - Purchasing packages Office manager

External responsibilities Technical assistance - itudgets Accounting system implementation - Personnel Purchasing

4 7" rN 440 The c. Office organization. The Office of Court 7.1 State Commission on Judicial Conduct. Administration consists of 16 people: 7 profes- commission consists of eleven members as follows: District sionals (including the Administrative Director) and two Courts of Civil Appeals justices, two Court judges, and one justice of the peace, chosen 9 clerical personnel. The professional staff provides support services in the following areas: by the Supreme Court with the advice and consent 10 systems analysis, programming, computer operations, of the Senate; 2 members of the state bar with of forms development, and field representation; court years of experience, chosen by the Board services; payroll, accounting, budgeting, and pur- Directors of the state bar; and four nonlawyer chasing; personnel systems and office management; citizens, chosen by the Governor with the advice legislative, executive, public, and media informa- and consent of the Senate. tion, legislative liaison, and executive liaison; [Const., Art. V, SI-a] Appel- and in planning and research activities, which 7.2 Authorityand procedure for sanction. include statistical compilation, research, evalua- late and district judges may be removed for cause District judges may be tion, statistical analysis, legal services, and by impeachment or address. legislative drafting. removed for cause by the Supreme Court upon the [V.A.C.S., Art. 2328b; Administrative Director] complaint of 10 or more lawyers practicing in the court held by such judge. County officers includ- be Quasi-Judicial Officers ing county judges and justices of the peace may removed for cause by the judges of the District 6.1.1 COURT OF CRIMINAL APPEALS Court. Any justice or judge of any state or local removed, or 6.2.1 Commissioner court in the state may be suspended, a. The presiding judge of the Court of Criminal involuntarily retired from office for cause by the Appeals, with the concurrence of a majority of the Supreme Court upon recommendation of the State The commission may judges of the court, may appoint a consenting Commission on Judicial Conduct. retired or active appellate or district judge to censure a judge for cause. The commission receives sit as commissioner of the court. complaints and makes investigations as necessary. b. In general, the commissioner aids and After investigation, the commission may issue a assists the Court of Criminal Appeals in disposing reprimand or institute formal proceedings concern- of the business before it and discharges such ing censure, removal, or retirement of the judge; appoint an duties as may be assigned by the court. or it may request the Supreme Court to [V.A.C.S., Art. 1811e1 active or retired appellate or district judge as a master to hear and take evidence and reporthis, If the commission 6.1.2 COURT OF CRIMINAL APPEALS findings to the commission. finds good cause, it issues an order of public cen- 6.2.2 Commission the removal a. The Court of Criminal Appeals may appoint a sure or recommends to the Supreme Court The Supreme Court has commission, composed of two attorneys with the same or retirement of the judge. qualifications as judges of the court, for a 2-year authority to take final action, unless a Supreme Court justice is the judge in question, at which term. b. The commission is established for the aid time final decision will be determined by a tribu- and assistance of the court and must cLischarge 'nal of seven Courts of Civil Appeals justices duties as may be assigned. selected by lot. [Const., Art. V. SS1-a, 24, Art. XV, SS1, 2, [V.A.C.S., Art. 1811e1 6, 8; V.A.C.S., Art. 5966a1 Judicial Discipline r

45:i Figure 1:Utah court system, 1980

OMEN/ EMI= COURT 5 Justices Jurisdiction: - Imvinws final judgments of District Courts equity cases on quastions of both law and fact; Court of law cases on question of law only. last - All appealed civil actions over $100. resort - Direct review of some state administrative rulings. - General review of lower court cages appealed to District Court on constitutional issues only. - Raviews Judgments of Juvenile Court on selected basis. 11.

DISTRICT COURT (7) 24 judges Court of 11 DISTRICT COURT FAMILY COURT general rhos,* Jurisdiction: 4 Jurisdiction: jurisdiction allowed - Original jurisdiction in - Divorce and other by Supra** all civil actions except dokestic relations

Court. those heard in the . COMES. Family Court Division. - Original jurisdiction in all criminsf matters.

Appeals heard de novo. Jury trials.

...-

mom/ JUVENILE COURTS (5) CIRCUIT COURT (12) JUSTICE COURT (210) judges 33 judges 170 judges Jurisdiction: - Jurisdiction over CIRCUIT COURT SMALL CLAIMS 'JUSTICE COURT SMALL CLAIMS adult isdemeanors Jurisdiction: COURT Jurisdiction: COURT committed against - Civil actions Jurisdiction: - Civil actions Jurisdiction. children. under $5,000. - Small claims under $750 ex- - Swell claims - Exclusive Juris- - Misdemeanors, under $400. cluding real under $400. Courts of diction over Preliminary property, tax. limited federal and state hearings. or mall claims Jurisdiction setters, delinquency, - clusive CAMS. dependency, neglect indiction Class I and C of juveiles under oveI munici- miademeanors the age of 1E. pal 3Jdinsnce (fine less than - Juvenile traffic vio a ions. $300, sentence cases. less than 6 months).

ltIndicates route of appeal.

(1A ptill 1,

442 UTAH

Court of Last Resort . The clerk has responsibilities as determin by the court. st., Art..VIII, 614; Administrator of the 1.1 SUPREME COURT. The court sits in Salt Lake ( City and holds at least three terms of court Cour s] The Supreme Court has the power annually. 1.6 Rule-makin . (Constitution, Article VIII, Section 41 to prescribe rules for all courts of the state, and 1.2 Organization. The Supreme Court does not sit no rules may supersede those of the Supreme Court. in panels, because the constitution requires that Administrative policy is promulgated by the Judi- a majority of the justices constituting the court cial Council. Reference Table 29: Judicial coun- is necessary to form a quorum or render a decision. cils and conferences. Every court is empowered to (Const., Art. VIII, 121 make rules, not inconsistent with law, for its own 1.3 Jurisdiction government. a. The Supreme Court has original jurisdiction (U.C.A. 6178-2-4, 78-3-21(3), 78-7-61 to issue wrqs of mandamus, certiorari, prohibition, quo warranto, and habeas corpus. Intermediate Appellate Court b. The,Supreme Court has appellate jurisdiction and the power to issue writs as necessary for the 2.0 There is no intermediate appellate court in exercise of that appellate jurisdiction. Utah. (Const., Art. VIII, 141 1.4 Justices (5) Court of General Jurisdiction a. The justice with the shortest elected term remaining to be served is designated Chief Justice 3.1 DISTRICT COURT. The District Court is always and serves the remainder of his term in this capa- open for the transaction of business. city. 178-3-8) b. Supreme Court justices must be at least 30 3.2 Organization. The District Court sits at the years old, must be active members of the bar and county seat of each county. The state is divided in good standing, must be learned in the law, and into seven judicial districts with at least one must have been residents of Utah for 5 years pre- District Court judge per district. A Family Court ceding selection. Division of the District Court is optional within c. Supreme Court justices are selected by the each district. In addition, the District Court may Governor from a list of three nominees selected by have separate divisions, such as criminal, civil, the Supreme Court Nominating Commission (reference and probate. (Const., Art. VIII, 65; Administrator of the Table 12: Characteristics of judicial nominating commissions). The justice servee until the next Courts) general election, when it is necessary to run for 3.3 Jurisdiction the judicial office if opposed, or run for reten- a. The District Court has originaljurisdiction by tion if unopposed. Justices in Utah serve 10-year in all criminal and civil matters not excepted It also exercises supervisory terms. constitution or law. (Const., Art. VIII, 82; Utah CodeAnno4ird control over all courts of limited jurisdiction and (hereinafter U.C.A.) Sections 20-1-7.1, is empowered to issue writs as necessary to effect 20-107.2, 78-21-1) all orders. Domestic relations cases are heard in the 1.5 Administration a. The Judicial Council (referenceTable 29: Family Court Division in those District Courts Judicial councils and conferences) has general which have that separate division. administrative authority over all the adult trial b. The District Court has appellate jurisdic- courts. It exercises administration and supervi- tidh over all appeals from courts of limited juris- sion over these courts through the Chairman of the diction. Appeals from the Juvenile Court are taken Judicial Council (who is also the chief judge of to the District Court unless a directappeal to the the District Court), the Administrator of the Supreme Court is allowedP Courts, presiding judges of the District and Cir- (Const., Art. VIII, 67; U.C.A. 678-3-91 cuit Courts, and trial court administrators." Ref- 3.4 Judges (24). The number of judges in the Dis- erence Section 5.1 (Caneraladministrative author- trict Court is specified by statute and ranges from ity). The Chief Justice administers the Supreme 1 to 11 per district. (refer- Court and supervises the staff. a. The chairman of the Judicial Council b. Reference Section 5.2.b (state-level admin- ence Table 29: Judicial councils and conferences) istrator). is also chief judge over all the districts of the c. The clerk is appointed 14 the Supreme Court District Court. He is elected by the judges of In multi-judge districts, the judges and serves at its pleasure. There are no formal those courts. provisions for assigning administrative duties to of the district select a presiding judge.

443 4 G1 b. District Court judges must be at least 25 b. Circuit Court judges must be at least 25 years old, must be active members of the state bar, years old, must be active members of the Utah Ear, must have been residents of the state for 3 years must have been residents of the state for at least prior to selection, and must be residents of the 3 years, and must be residents of their circuits. districts in which they serlie. c. Circuit Court judges are appointed to fill c. District Court judges are appointed to fill vacancies by the Governor from a list of qualified vacancies by the Governor from a list of three nominees selected by the appropriate Circuit Court nominees selected by the District Court Nominating Nominating Commission (reference Table 12: Char- Commission (reference Table 12: Characteristics acteristics of judicial nominating commissions). of judicial nominating commissions). They serve They serve until the next general election, when until the next general election, when it is neces- it is necessary to run for the judicial office if sary to run for the judicial office if opposed, or opposed, or run for retention ifunopposed. Cir- run for retention if unopposed. District Court cuit Court judges serve for 6-year terms. judges serve 6-year terms. (U.C.A. 1120-1-7.2, 20-1-7.7, 78-4-13, (Const., Art. VIII, 15; U.C.A. 17-3-22, 78-4-13(2), 78-4-271 20-1-7.7, 67-8-4; Rules of Practice in the 4.5.1 Administration District Courts in the State of Utah, Rule 1.21 a. The presiding judge controls caseload man- 3.5 Administration agement, superintends the preparation of a court a. The chief judge over all the districts of calendar, presides over meetings of Circuit Court the District Court (chairman of the Judicial Coun- judges, initiates administrative policy for the cil) has general administrative authority over the court, and supervises the work of the trial court District Courts as well as all trial courts of the executive, whom he may appoint where authorized. state. The chief judge has the authority to ensure b. The position of trial court executive is adherence to law and rules and forms adopted by the authorized in circuits with sufficient workload to Judicial Council (reference Table 29: Judicial warrant an administrator. councils and conferences), to promote the proper The trial court execdtive is in charge of all and efficient functioning of the courts, and to administrative services for the Circuit Court at issue orders as necessary to establish uniform ad- the trial level. The duties of the executive ministrative practice ind procedure. The duties include: of the presiding judges of the seven judicial dis- (1) Administration of all staff services. tricts are not specifically articulated. (2) Personnel, financial, and records admin- b. There is no provision for an administrator istration subject to standards set by the Judicial over all the districts of the District Court. In Council. each of the seven judicial districts, the position (3) Liaison with the bar, news media, and of trial court executive has been established. public. c, The couniy c-lecits-tre the- -ex officio clerks (4) Management of facilities and equipment. of the District Court. There are no formal provi- (5) Reporting to the State Court Administra- sions for assigning administrative duties to the tor concerning operations of the court. clerks. They have responsibilities as determined c. Clerks hold statutorily-authorized offices by their respective courts. and are appointed by the presiding judges (or the (Const., Art. VII, 17; Const., Art. VIII, 114; single judge in a 1-judge circuit) of the Circuit U.C.A. 1117-20-1, 78-3-22; Administrator of the Court. In multiple clerk courts, the senior clerk Courts) has supervisory duties. Where the position of 3.6 Rule-making. Reference Section 1.6. executive is established, this person also serves as clerk. There are no formal provisions for Courts of Limited or Special Jurisdiction assigning administrative duties to the clerk. The clerks have responsibilities as determined by their 4.1.1 CIRCUIT COURT. The Circuit Court holds four respective courts. terms of court annually. (U.C.A. 1178-4-25, 78-4-25(c), 78-4-27, (Administrator of the Courts) 78-4-28(1); Administrator of the Courts) 4.2.1 Organization. The state is divided into 12 4.6.1 Rule-making. Reference Section 1.6. circuits. The Municipal Department of the Circuit Court replaces the former City Court. The Small 4.1.2 JUSTICE COURT. The Justice Court sits in Claims Court is a division of the Circuit Court. continuous ssss ion. (U.C.A. 1178-4-6, 78-4-91 (Administrator of the Courts) 4.3.1 Jurisdiction 4.2.2 Organization. The geographical limits of the a. The Circuit Court may exercise criminal jurisdiction of the justices of the peace are the jurisdiction tn violations of municipal ordinances boundaries of the county, city, or town for which and in all misdemeanors. The Circuit Court has they are elected or appointed. Territorial juris- civil jurisdiction in actions where the monetary diction is restricted to county boundaries in crim- amount in dispute does not exceed $5,000. This inal matters. Any municipality not having a Muni- jurisdiction is concurrent with the Justice Court cipal Department of the Circuit Court may appoint where the sum claimed does not exceed $750. a justice of the peace. The Small Claims Court Division has juris- The Small Claims Court is a division of the diction over cases involving a monetary amount of Justice Court AS well as of the Circuit Court. $400 or less. (U.C.A. 1110-6-74, 78-5-1; Annual Report, p. b. The Circuit Court has no appellate jurisdic- 761 tion. 4.3.2 Jurisdiction e (U.C.A. 1178-4-7, 78-4-7(2), 78-4-8, 78-6-111 a. The Justice Court has criminal jurisdiction 4.4.1 Judges (33) in class 15 and C misdemeanors punishable by a fine a. In circuits that have more than one judge, less than $300 or by unprisonment not exceeding 6 a presiding judge is elected by the judges of the months. The Justice Court.has civil jurisdiction court. within the respective localities in actions where

zii4'0 damages or remedies do not exceed $750. 4.5.3 Administration Small claims jurisdiction in the Small Claims a. The presiding judge over the five districts Court diviswn is limited to $400. of the Juvenile Court has general supervision over b. The Justice Court has no appellate jurisdic- the Juvenile Court to ensure uniform adherence to tion. law and to the rules and forms adopted by the Board (U.C.A. 1178-5-2, 78-5-4(a), 78-6-11 of Juvenile Court Judges, and to promote the effi- 4.4.2 Judges (170) cient functioning of the Juvenile Court subject to a. The Justice Court does not have presiding the supervisory powers of the Supreme Court. The judges. presiding judge, with the approval of the Board of b. Justices of the peace must be qualified Juvenile Court Judges, appoints the administrator voters oi the localities in which their courts are for the Juvenile Courts. There are no provisions situated. for presiding judges for the Juvenile Court dis- c. Justices of the peace are elected in parti- tricts. san elections in county precincts. In cities and k.The administrator over all the districts of towns justices of the peace are appointed by the the Juvenile Court is appointed by the presiding mayors, with the approval of the local governing judge, subject to the approval of the Board of body. Any municipality that does not have a Mu- Juvenile Court Judges, and performs duties as nicipal Department of the Circuit Court may appoint assigned. There are no provisions for administra- a justice of the peace.Justices for county pre- tors for the Juvenile Court districts. cincts, cities, and towns serve 4-year terms. c. Clerks of the court are appointed by the (U.C.A. 1110-6-30, 10-6-32, 10-6-74, judges of the court in those districts where the 10-6-74(1), 17-6-6, 17-16-5, 20-3-4, 20-12-1, volume is sufficient to warrant a clerk. There are 75-5-1; Administrator of the Courts] no formal provisions for assigning administrative 4.5.2 Administration duties to the clerk. The clerks have responsibili- a. There are no provisions for presiding judges ties as determined by their respective courts. for the Justice Court. (U.C.A. 1155-10-71, 55-10-72, 55-10-731 b. There are no provisions for administrators 4.6.3 Rule-makin&. Reference Section 1.6. The for the Justice Court. Reference Section 5.2.b. Board of Juvenile Court Judges establishes general (state-level administrator). policy for the operation of the Juvenile Court and c. There are no provisions for clerks for the formulates uniform rules and forms governing prac- Justice Court. tice and procedure in the court. The Juvenile 4.6.2 Rule-making. Reference Section 1.6. Court is subject to the supervisory powers of the Supreme Court. 4.1.3 JUVENILE COURT. The Juvenile Court sits in (U.C.A. 155-110-71] continuous session. (State Court Administrator! State-Level Administration 4.2.3 Organization. 'The state is divided into five Juvenile Court districts.There are no specific 5.1 General administrative authority. General provisions for court location. There are no spe- administrative authority for the trial courts cialized divisions of the court. throughout the state is granted to the Judicial (U.C.A. 155-10-661 Council (reference Table 29: Judicial councils and 4.3.3 Jurisdiction conferences). Reference Section 1.5.a. a._The Juvenile Court has exclusive original (U.C.A. 178-3-21 (3)) jurisdiction over matters involving any child who 5.2 Office of the Court Administrator has violated any federal, state, or local law a. The Office of the Court Administrator is before becoming 18 years old; any child who is established by statute. neglected or dependent; and any child who is beyond b. Administrator of the Courts control of guardians. It also has the authority (1) The position of Administrator of the to determine custody of any child; to terminate Courts is established by statute. legal parent-child relationships; to grant judicial (2) The Administrator of the Courts is se- consent regarding marriage, employment, or enlist- lected on the basis of professional ability and ment of a child; and to provide for the treatment experience in public administration. He must have Of a mentally defective child. an understanding of court procedure as well as the b. The Juvenile Court has no appellate juris- nature and significance of other court services. diction. The Administrator is appointed by the Supreme (U.C.A. 155-10-77] Court and serves at the pleasure of the Supreme 4.4.3 Jud es (9) Court and/or the Judicial Council. a. The presiding judge over all the districts (3) Under the general supervision of the of the Juvenile Court is elected by the Board of chief judge of the District Court and within policy Juvenile Court Judges (made up of all the Juvenile guidelines established by the Judicial Council, the Court judges) for a 1-year term. The districts of Administrator performs the following duties: the Juvenile Court do not have presiding judges. (a) Organization, administration, and b. Juvenile Court judges must be members of the supervision of all nonjudicial activitiea and non- Utah State tar and are chosen on the basis of abil- judicial officers. ity, judicial temperament, special aptitude for (b) Implementation of standards and Juvenile Court work, and experience with juveniles. policies established by the Judicial Council. c. Juvenile Court judges are appointed by the (c) Formulation and administration of Governor from a list of two or ore candidates nom- a system of personnel administration, including inated by the Juvenile Court Commission (reference training programs. Table 12: Characteristics of judicial nominating (d) Preparation and administration of commissions) and serve 6-year terms. District Court budget and fiscal activities. He 1155-10-70, 55-10-71) assists the Circuit and Justice Courts in budgetary procedures.

445 ,1 %J..) Figur* 2:Utah state-level administrative office of the cqurts, 1980

State Court Administrator

- Liaison with elected officials Media relations

Deputy Court Administrator

- Court operational responsibility - Continuing education and conferences - Legislative liaison - Legislative drafting

Assistant Court Administrator

- Judicial planning supervision - Fi cal control supervision State judicial information system - P. sonnel administration \ Fa fifties and equipment management _I_ Court Planner Office end Fiscal Manager Analyst

Judicial planning Office uanagement - Budget and finance Inventory, purchasing, Federal grants support and procuremedt EEO office liaison - Payroll supervlaion i Education and seminar Personnel processing meetings - Internal library Judicial and nonjudicial travel

1 I 446

we 0 (e) General administrative functions b. Juvenile Court referees may hear any case as assigned by the chief judge or the Judicial in the court's jurisdiction in the first instance, Council. and report all findings and recommendations to the (f) Liaison with the administrator of court. the Juvenile Court, and with governmental and pri- (U.C.A. 155-10-751 vat groups having an interest in the administration of the courts. Judicial Discipline J c. Office organization. .The Office of the Court Administrator consists of seven people: four 7.1 Commission on Judicial Qualifications. The professionals (including the Administrator of the commission consists of the following: two members Courts) and three clertcal personnel. The staff of the Nouse Judiciary Committee, appointed by the provides support services in the following areas: speaker of the Nouse of Representatives for 2-year information eystems, coukt upport ervice.; fi- terms; two members of the Senate Judiciary Commit- nance and budget activities; education and train- tee, appointed by the president of the Senate for 14; personnel, public informaton and liaison 2-year terms; and three members of the Board of activities, and planning and research activities. Commissioners of the Utah State Bar, appointed by (U.S.C. 178-3-19 to 178-3-26; State Court the board for 4-year terms. Administrators, p. 105; Administrator of the (U.C.A. 149-7-8(a)1 Courts] 7.2 Authority and procedure for sanction. The Com- mission on Judicial Qualifications conducts inves- Quasi-Judicial Officers tigations of judicial misconduct and orders hearings concerning retirement or removal of a judge. 6.1 JUVENILE COURT Recommendations are made to the Supreme Court 6.2 Referee regarding removal, suspension, censure, or retire- a. Juvenile Court re/erees must be graduates ment of a justice or judge. The Supreme Court of accredited law schools and are appointed by, and reviews the record of proceedings and makes the serve at the pleasure of the judges of the court. final determination. [U.C.A. 149-7-8(e)]

'II

447 Figure 1:Vermont court system, 1980

SUPREME COURT 5 judges Court of Jurisdiction. last Final appellate jurisdiction in all resort civil and criminal case..

SUPERIOR COURT (14) 10 judges, 2R assistant judges Jurisdiction. Original and excluaive jurisdiction over civil' actions over 5200, title to real Court of eetall*,, and domestic relations istters, general ,excAft those made cognizable to the jurisdiction . Distr4ct Court. - Original jurisdiction ove- criminal matters (mostly felony), Appeals de novo from Probate Court. Jurv trials.

Quenelons I DISTRICT COURT. (lb) PROAATF COURT (19) 14 judges 19 judges

Jurisdiction ' Jurisdiction - Civil actions under 55,000 (except Exchlsive probate, guardianship, title to real estate), mull claims and adoption jurisdiction. undei S500, mental health matters, Courts of - and URESA cam. limited - Crim4nal case, with penalty lass jurisdictLon thsp life imprisonment. Traffic matters. - Exclusive jurisdiction in juvenile matters.

Jury trials. ,

itIndicates route of appeal.

w The District Court was created As a court of limited jurisdiction,. hut has steadily increased Its scope to include almost all criminal business except for homicides and cases where the sentence ' be'rife imprisonment.

.4)

4r VERMONT /

Court of Last Resort c. The State Court Administrator (reference Section 5.2.b) serves as clerk of the Supreme Court. He is responsible for the following duties: 1.1 SUPREME COURT. General terms are held in depositing briefs and other papers required to be Montpelier on the first Tuesday in vebruary, April, filed with him in the state library; administering June, October, and December of each year. Special oaths; maintaining dockets and other required

7 terse may also be held at such other times and records and papers; receiving orders of recommen- places asthe justices may appoint. dations and appeals from orders from the Jddicial [4 Vermont Statutes Annotated (hereinafter Responsibility Board; receiving nominations and V.S.A.) Section 81 ballots for election n1 three bar representatives 1.2 Organization. The Supreme Court does not sit to the Judicial Nominating Board; issbing sub- .- in panels or divisions. poenas; and sending copies of Stipreme%Court orders 1.3 Jurisdiction of disbarment or suspension to the clerk of every a. The Supreme Court may issue necessary writs court in the state and tnthe highest appellate in aid of its appellaMe jurisdiction. court in any other state in which the respondent -b. The Supreme court sxerciies.appeltate juris- attorney is Omitted to practice. diction in,all cases, criminal snd,civil. [ConstA C. II, 135j 4 V.S:A. 1122, 651; State [Constitution, Chapter II, Secfion 30; 4 V.S.A. Court Administrator] 112, 30] 1.6 Rule-making. The Supreme Court makes and pro- -1.4 'Jusficet (5) mulgates rules governing practice and procedure in a. The Chief Justice .s apiointed by the criminal and civil cases in all courts, tt4es ernoe, with the,advice and consent of the Senate, governing the admission and discipline of aftor= from a list of nominees certified by the Judicial, neys, rules pertaining to the discipline of judges, _Nominating Board (reference Table 12: Characteris- and ruleit governing the administration of all tics of judicial nominating commissions). There is courts. Some rules adopted by the Supreme Court no requirement that the.nominees be assaciate jus- may be revised by fhe General Assembly. tices of the court. He serves his full term in [Const., Ch. Itt, 537] this role. b. A Supreme Court justice must have been an Intermediate Appellate Court attorney engaged in the practice of law or a judge in Vermont for at least 5 Out of the 10 years pre- 2.0 There is no intermediate appellate "ourt in eeding appointment. Vermont. c. The Governor, with the a4vice and consent of the _Senate, fills vacancies in the offices of Court of General Jurisdiction Supreme Court juseices and Superior and District Court judges from a list of nominees certified by 3.1 SUPERIOR COURT. The court terms are set by the Judicial Nottinating Board. Justices serve 6- administrative order of the Supreme Court. The year terms. If a justice wishes to succeed him- Superior Court judges, as a group, recommend the self, he must file a declaration to be submitted schedule of terms to the Supreme Court for to the members of the General Assembly for a vote promulgation. on his retention: If the majority votes to retain [4 V.S.A. 1115; A Unified Court System for him in office, he may remain for another term.' If Vermont, p. 12] the majority votes against his retention, the 3.2 Organization. A Superior Court Sits in each office is vacant upon expiration of his term. county. A typical court consists of three judges: [Const., Ch. II, 5532, 34; 4 V.S.A. 554, 5, one superior judee who presides, and two assistant 601, 602, 603] judges. There are no spetialized divisions of the 1.5 Admieietration court. a. The Supreme Court has administrative control [4 V.S.A. 1111] over all the courts of the state. The Chief Jus- 3.3 Jurisdiction tice h. the power of generel supervision. He ex-t a. The Superior Coilrt has original jurisdiction erciso0OndmAnistration and supervision over the in prosecutiOns for criminal offenses within its entire dart system through the.State Court Admin- respective counties and may impose sentence accord- istrato grid the admimistrative judge for trial ing to law. The Superior Court has original an& courts. Reference Secti)n 5.1 (General adminis- exclusive jurisdiction in all civil actions in trative authority). Ilce Chief Justice may also which theamount in controversy is greater than appoint retired justices and judges to special as- $200, except those made sognizable to the District signment als permitted under the rules uf the Su- is' Court or the Supreme Court, and in all petitions proma Cow. brought before it. The court may issue necessary b. Reference Section 1..b state-level admin- writs. The court may also try cases originating istrator). in the Probate Court on a de novo basis.

449 b. The Superior Court has sPPellate juris- trial court, and ensOre that forms and procedures diction over some probate, zoning, and tex matters. adopted are uniformly used; 14 V.S.A. 11113, 114; 12 V.S.A. 12553; State (d) Deaigna statistical reports as Court Administrator] needd to provide information on workload and on 3.4 Judges (10 judges, 28 assistant judges) sources and causes of delay; allocate available a. The Supreme Court designates one of the judicial and clerical resources among the trial uperior or district judges to serve as administra- courts to best provide service and reduce delay; tive judge for trial courts. The administrative and, judge serves at the pleasure of the Supreme Court. (e) Fulfills other administrative duties The statutes provide for 9 superior judges who assigned from time to time by the Chief Justice. preside on a rotating basis in the 14 counties. The nine superior judges "preside' or There are no presiding judges, however, who per- hold court in the 14 counties, but they have no ad- form administrative duties for the counties. ministrative duties. b. Superior judges must meet the same qualifi- b. A division of Trial Court Administration cations as Supreme Court justices. Reference Sec-- within the Office of the Court Administrator pro- tion 1.4.b. Assistant judges' qualifications are vides administrative support to the Superior Court not set by statute. and District Court under the direction of the c. Superior judges are selected in the same administrative judge. manner and for the same term as Supreme Court jus- c. County clerks are the clerks for the Supe- tices, Reference Section 1.4.c. tii.ant judges rior Court. Administrative duties are prescribed are chOsen by the voters of the c unties at parti- in some rules and statutes, in a.clerk's manual, san elections. They serve 4-year terms. and in administrative directives of the Supreme

. Court and of the State Court Administrator. The ' 1Const., Ch. II, 150; 4 V.S. 1 J7le, Illa; State Court Administrator] clerk has supervisory responsibility for one to 3.3 Administration seven employees in performing their administrative a.- ,The administrativejudge-everall the trial duties. coats is assigned the following responsibilities [PAA V.S.A. 1651; Superior Court Administrative for"ihe adidnistration of the trial court system Order (hereinafter A.0.) 818, 14a; Director of of Vermorit, unAer the direction of the Supreme Planning and Development; State Court Adminis- Court:, trator] A) AgoSgn and specially assign district and 3.6 Rule-making. Reference iection 1.6. superior judges, including himself, in either the Superior or District Courts. Courts of Limited or Special Jurisdiction (2).Assign attorneys, as required, to sit as acting judges in the District COurt., 4.1.1 DISTRICT COURT. The court holds sessions as (3) With the approval of.the Chief Justice, often as the Court Administrator determines to be Assign retired,justices and judges with their con- necessSry. sent to the District and Superior Courts. [4 V.S.A. 1436], (4) Schedule business meetings of the dis- 4.2.1 Organization. The Supreme Court is autho- trict and superior judges for the pirpOse of work- rized to organize the District Court into territo- ing toward more uniform and improved procedures in rial units. The court has been divided intubsix the trist courts. multi-county units, each of which contains efrcuits '(5) Investigate or cause to be investigated equal to the number of counties within the unit.

complaints with respect to the management and . Special unit% hold sessions in the towns of Water- operation.of the trial courts and periodically bury and Arandon. report to the Supreme Court the results th*reof. [4 V.S.A. 11436, 436a, 436b; A Unified Court (Cf. 12 V.S.A. Appeodix I, Fart 19, rklating to System for Vermont, p. 12] complaints of judicial misconduct.) ,4.3.1 Jurisdiction (6) Resolve conflicting appointments of al. The District Court has criminal jurisdiction trial attorneys when necessary. in_felonies,where the maximum penalty is less than ?7) Report to the Supreme Court at the April lite impriiionment: in misdemeanors, and in viola- The court has and October terms on his recommendations for ' riOns oelouniciparordinAnces. revised or additional rules, orders, or'ttatutes jurisdiceibn in civil 0Ctions where fhe demand is needed to improve the operation of the trial ft& over'i5-011D0 amdl,title to real estate11 not invollred. 1'he!Dietrict Court aft() hes jUrisdict,ion (8) Report to the.Supreme Court nojater over juvenile matter*, twin claims (pdt toexceed than the opening of the October term, 14$T, his .$500), traffic cases,:merilel helith'mstter,,and*f recommendations for the implementatibn of function- Uniform Reciprocal Enforcement ofSupport...Act al dockets or divisions in the trial courts lo (U.R.E.S.A.) cases. There cs a ipeciaLunit of the- Diitricf,Court that hOlds iessiona,in.Oletown of expedite proceedings. -,, (9) In conjunCtiOn with the court adminiv- Waterbury for the sole purpose Ot'exertising menial trator, the administrative fudge performs the fol- health jurisdiction: Another special Unit hoIls.: 4!' lowing duties; sessions in the town of,brandon, for the sole purr (a) SChedules business meetings of the pose of exerCising jurisdiction over spplications, n Distriet Court clerks and Superior Court clerks for for admisiions to, and for judicial review' concerning persons admitted Co, the ArAndon Training the purpose of working toward more Uniform and 0, 4 improved procedures in the trial courts; School, a" mental health tscility.

(b) Assumes general Administrative con- - b. The District Court his no appellate juric=" trol of iocketing, calendaring, scheduling, and diction. ,csseflow management in 'the District and Superior [4 V.S.A. 11436a, 430, 437, 439, 441, 446] Courts; 4.4.1 Judges (14) (c) AstIsts in the design of forms, end a. The Supredie Court designAtes one of the thP tablishment of uniform procedures for each superior or district judges to serve as administra- . - 450 a J tive judge for trial courts. The administrative administrative control over all courts of the judge serves at the pleasure of the Supreme Court. state, and disciplinary authority concerning all b. District Court judges must meet the same judicial officers and attorneys. The Chief qualifications as Supreme Court justices. Refer- Justice may appoint retired justices and judges to ence 1.4.b. special assignment as permitted under the rules of c. District Court judges are selected in the the Supreme Court. Reference Section 1.5. me manner and for the same term as Supreme Court [donst., Ch. II, 1130, 35; 4 V.S.A. 1221 justices. Reference 1.4.c. 5.2 Office of the Court Administrator [4 V.S.A. 171e, 16031 a. The Office of the Court Administrator is 4.5.1 Administration authorized by Administrative Order No. 3. a. Reference Section 3.5.a. b. State Court Administrator b. Reference Section 3.5.b. (1) Thejosition of State Court Administra- c. District Court clerks may be appointed by tor is authorized by 4 V.S.A. 121. the State Court Administrator with the advice of (2) The State Court Administrator must have the, district judge concerned. Administrative a law degree and must be admitted to the Vermont duties assigned to the clerks are contained in a Bar. He is selected by and serves at the pleasure clerk's manual and also in Administrative direc- of the Supreme Court. tives of the Supreme Court and the Office of the (3) The State Court Administrator's duties State Court Administrator. The clerk has super- are prescribed by the Supreme Court. He is respon- visory responsibility for one to seven employees sible for the budget and fiscal operation of the in performing their administrative duties. courts, including processing for paymentlpf bills, [4 V.S.A. 1691; A.O. 18 14a-i; Director of invoices, statements, and expense accounts; prepa- Planning and Development; State Court ration of all personneItactions; the processing Administrator] for payment of debentures of assigned counsel; and 4.6.1 Rule-makinL. Reference Section 1.6. the processierof requisitions for forms,.supplies, office equipment, and fur iture. He is authorized 4.1.2 PROBATE COURT. The Probate Court is open at to employ the necessary perteQnel and fix their all times for the transaction of business. compensation. He also exercisb..zneral adminis- [4 V.S.A. 13531 trative control of court reporter services in the 4.2.2 Organization. There are 19 Probate Courts trial courts. The adminiitrator assigns judges in in Vermont: 9 counties each constitute Probate the event of emergencies or illness and he exer- Court districts themselves, and the 5 southern cises approval power over the original appointment counties are each divided into 2 districts. There of District Court clerks, assistant c.lerks, and are no specialized divisions of,the court. stenographic reporters. [4 V.S.A. 1271, 1273 to 12771 c. Office organization. The State Court Ad- 4.3.2 Jurisdiction ministrator appoints the staff, which includes the a. The Probate Court has jurisdiction over the director of administrative services, the director probate of wills; the settlement of estates; the of trial court administration, the deputy clerk of appointment of guardians; and the powers, duties, the Supreme Court, a fiscal officer, and secre- and rights of guardians and wards. tarial support. The Office of the Court Adminis- b. The Probate Court has no appellate jurisdic- trator consists of 13 people: 7 professionals tion. (including the State Court Administrator) and 6 [4- V.S.A. 13111 clerical perionnel. The professional staff pro- 4.4.2 Judges (19 part-time) vides support services in the following areas: a. The Probate Court does not have a presiding computer operations, records management, and forms judge. All judges serve on a part-time basis. development; trial court administration, court b. Probate Court judges are not required to be coordination, and facilities management; payroll, attorneys by constitution or by statute; how- accounting, auditing, budgeting, purchasing, end ever, in practice, one-half of the judges are grants management; education, training, and publi- attorneys. cations; personnel,systems; legislative, executive, c. Probate Court judges are elected in partisan public, and media information, legislative and elections by the voters of their respective dis- executive liaison; and planning and research tricts. They serve 4-year terms. activities, which include statistical compilation, [Const., Ch. II, 115, 51; A Unified Court judicial planning, evaluation, and statistical System for Vermont, p. 16; State CoOrt analysis. Administrator] [4 V.S.A. k$21, 74, 357, 444, 6;1; A.O. 3, 19; 4.5.2 Administration ,State _Court Administrator] a. There are no provisions for presiding judges for the Probate Court. Quasi-Judicial Officers b. There are no provisions for administrators for the Probate Court. Reference Section 5.2.b 6.0 There are no prOVisions for quasi-judicial (state-level administrator). officers in the cotirts of Vermont. c: The registers of probate, who are appointed

,by the 3robate judges, perform the duties of clerks Judicial Discipline , of the court. There are no provisions for assigning idmihistrative duties TO the registers. 7.1 TWeJudicial Disciplinary Board. The board, [4 VA1.A. '1357, 35,1 establiehed by 4rpreme'Court rule, consists of g.6.2 Rule-maki4. 'Reference Section 1.6. three attorneys and two lay citizens, appointed by,.

fbe Supreme Court. - Itarv4.ivelldministrntionf- [Rules of the Supreme Court fdi Didciplinary Control, Rule 4 (hereinafter cited by rule

P2' 5.1 genera4 admiRistratkre authority. The consofi- number only)) r tutkon právidea,that tfis Supreme Court sha/1 have 7.2 Authority and procedure for sanction. The boiird investigates any compliant submitted to it 451' Figure 2: Vrmont state-level administrativeoffice of the courts, 1980

State Court Administrator

Gcretry

Director Director of Administrative Trial Court Services .Adstinistration

Secrstarial Secretarial Assistance Assistance

Msistant Assistant Director Tri1 Court Administrative Administrator Services

11=

Court Auditor- Account Records ClmiE Click

Assistant Court Account Cleric

t a., .11 A.

452_ 1. and may investigate conduct or disability on its the charge; to present evidence in his defense; to own motion. All matters before the board prior to examine and cross-examine witnesses; to secure the filing of a formal charge are confidential. subpoenas; to secure the appointment of a guardian After the service of a formal charge upon the read litem when indicated; and to secure a transcript spondent, the proceedings are public. Any action, of the evidence, findings, conclusions, and recom- proceeding, or recommendation of the board must be mendations. concurred in by three members to be valid. The board issues its final order of recommenda- If a preliminary investigation reveals to the tion to the Supreme Court. The Supreme Court satisfaction of the majority of the board that reviews all final orders and may take any action probable cause exists for a formal charge, it or impose any sanction consistent with its consti- orders a formal complaint to be filed and the mat- tutional and statutory authority. The respondent ter is brought to a hearing. The respondent may may appeal to the Supreme Court from the final file an answer to the charges and has a right to order of recommendation of the board. appear personally and by attorney and to answer [Rules 6, 7, 8, 9, 11, 121

453

+c Figure 1:Virginia court system, 1980

summe COURT 7 justices Court of Jurisdiction. - Originel )urisdiction in cases of hebees last corpus, mandamus, and prohibition. Netters mellort of judicial censure, retirement, and removal. - Final appellate jurisdiction.

CIRCUIT COURT (71) lll judges Jurisdiction' Civil actions over $1,000. Cases in which the state Court of is party (in the citv of Richmond). general - Criminal cases for which person can be sentenced to jurisdiction the state penitentiary. - Juvenile matters where juvenile is deemed to be en adult (murder and manslaughter). Appeals de noyo. Jury trialm. 011

JUVENILE AND DOMESTIC RELATIONS GENERAL DISTRICT COURT (32) DISTRICT COURT (32) 98 judges 65 judges Jurisdiction Courts of Jurisdiction- - Civil actions under 0,000, exclusive if under $1,000. liaited Juvenile and domestic felations jurisdiction matters. Mental commdtment of - Misdemeanors, ordinance violations, children. end preliminary hearings. - Traffic cases. No )urv trials.

ItIndicates rqute of appeal.

454 VIRGINIA

Court of Last Resort ment of the next session of the General Assembly. Once elected, justices serve 12-year terms. 1.1 SUPREME COURT. The court sits in session in [Const., Art. VI, 112, 7; Code 1950, 117-93] Richmond, for such length of time as the court de- 1.5 Administration termines necessary. a. The Chief Justice is the administrative head [Code of Virginia, 1950 (hereinafter Code of the judicial system. He exercises administra- 1950), Section 17-99; Court Rule 5:2] tion and supervisidn over the entire court system 1.2 Organization. The court may sit and render through the Executive Secretary to the Supreme final judgment en banc or in divisions as may be Court, chief judges of the Circuit Court, the Com- prescribed by law. No decision becomes the judg- mittee of District Courts (made up of Chairmen of ment of the court, however, except on the concur- the House and Senate Courts of Justice Committees, rence of at least three justices, and no law is two members from each of these committees, and one declared unconstitutional under either the state judge each from the Circuit, General District, and constitution or the Constitution of the United Juvenile and Domestic Relations (J.D.R.) District States except on the concurrence of at least a Courts) and chief judges of the General and J.D.R. majority of all justftes of the Supreme Court. District Courts. Reference Section 5.1 (General Whenever four or more of the justices are convened, administrative authority). The Chief Justice, how- the court is deemed to be sitting en banc and ever, has no specifically articulated duties in re- vested with all the powers of the court. Whenever gard to the administration of the Supreme Court. three of the justices are convened, the court is b. The Executive Secretary to the Supreme Court deemed to be sitting as a division, and vested with is the statutory state court administrator. Refer- all the powers of a division of the court. ence Section 5.2.b (state-level administrator). [Constitution, Article VI, Section 2; Court The Office of the Executive Secretary provides per- Rule 5:3] sonnel and fiscal support services to the Supreme 1.3 Jurisdiction Court and is the administrative component of the a. The Supreme Court has, by virtue of the court. state constitution, original jurisdiction in cases c. The Supreme Court clerk is a statutory posi- of habeas corpus, mandamus, and prohibition, and tion filled by Supreme Court appointment. There in matters of judicial censure, retirement, and are no provisions for assigning administrative removal. duties to the clerk. He supervises the clerical b. Subject to such reasonable rules as may be personnel in his office and has responsibilities prescribed as to the course of appeals and other as determined by the court. procedural matters, the Supreme Court has, by vir- [Const., Art. VI, 14; Code 1950, 1117-33, 17- tue of the state constitution, appellate jurisdic- 111.1; Executive Secretary] tion in cases involving the constitutionality of a 1.6 Rule-making.. The Supreme Coust has the author- law under the state constitution or the Constitu- ity to make rules governing the course of appeals tion of the United States and in cases involving and the practice and procedures to be used in the the life or liberty of any person. Direct appeal courts of the commonwealth, but such rules must to the Supreme Court is also permitted in cases in- not be in conflict with the general law as estab- volving the final order, judgment, or finding o lished by the General Assembly. The Supreme Court the State Corporation Commission and/or the Indu also makes administrative rules for the courts. trial Commission. The General Assembly may adopt such additional (Const., Art. VI, 111, 10; Code 1950, 118 6 measures as it deems desirable for the improvement 65.1-98] of the administration of justice by the courts and 1.4 Justices (7). The Supreme Court consists of for the expediti9m of judicial business. between 7 and 11 justices. Any increase over seven [Const., Art. VI, 114, 5; Executive Secretary] justices must be approved by three-fifths of the mislabels of the General Assembly. IAkermediate Appellate Court a. The Chief Justice is the justice with the longest continuous service. 2.0 An intermediate appellate court does not exist b. Supreme Court justices must have been resi- in the commonwealth. If appropriate, the General dent, of the commonwealth and members of the Vir- Assembly may establish such a court at any time. ginia Bar for at least 5 years prior to appointment [Const., Art. VI, 11] or election. c. Supreme Court justices are chosen by a ma- Court of General Jurisdiction jority vote of each house of the General Assembly. When a vacancy occurs while the General Assembly 3.1 CIRCUIT COURI6 The chief judge fixes the term is not in session, the Governor may appoint( a suc- of each court in his circuit. cessor to serve until 30 days after the commence- c,Code 1950, 117-127.21]

455 47 3 point the chief magistrate for each district and 3.2 Organisation.The General Assembly has estab- distritt has more than one special magistrate, lished 31 judicial circuits. The Judicial Circuit if of Richmond has been subdivided into twodivisions they appoint a chief special magistrate. b. The Executive Secretary of the Supreme by statute. Most metropolitan circuits have local- Court is the administrator of the Circuit Court ly established criminal and civil divisions. He assists the chief judges in the per- [Code 1950, S117-116.1, 17-119.1:1] system. formance of their administrative duties. He may 3.3 Jurisdiction employ sbch staff and other assistants from state a. The Circuit Court hasjurisdict on over funds appropriated to him for the purpose as may proceedings by quo warranto or informat.on in the be necessary to carry out his duties, and may nature of quo warranto. The court may lsue writs secure such office space as may be requisite,to of mandamus, prohibition, and certiorari o all be located in an appropriate place that heselects. courts of limited jurisdiction. It may al o issue While not exercising management authority over the writs of mandamus in all matters orproceedings arising from or pertaining to the actions of the Circuit Courts, the Executive Secretary provides administrative assistance to the courts in the fol- Board of Supervisors or other governing bodyof lowing areas: assignment of judges, budgeting any county. It has original and general jurisdic- (excluding clerk's office), statistics collection, tion in all cases in chancery and civil cases at public relations, public information, education law, except cases at law to recover personal prop- $1,000, programs, juror orientation, Circuit Court boundary erty or money not of greater value than There exclusive of interest, and except such cases as changes, legislative drafting, and others. are no provisions for administrators for theindi- are assigned to some other court;in all cases for the recovery of fees in excess of $1,000;penalties vidual circuits. o. Circuit Court clerk! areconstitutional or cases involving the right tolevy and collect county officers, who are erected to 8-year terms toll or taxes or the validity of anordinance or There bylaw of any corporation; and in all cases, crim- by the voters of the counties and cities. assigning administra- inal or civil, in which an appeal may be made to are no formal provisions for tive duties to the clerk. They supervise the cler- the Supreme Court. The court also has original ical personnel in their offices and have responsi- jurisdiction in all indictments for feloniesand bilities as determined by the court. in presentations, informations, andindictments [Const., Art. VII, S4; Code 1950, SS17-116.2, for misdemeanors. The Circuit Court has jurisdiction in juvenile cases involving murder and man- 17-116.3, 17-127.21, 19.2-35, 19.2-36, slaughter where the juvenile is certified by the 19.2-50, 19.2-51; Executive Secretary] The Supreme Court may formulate Juvenile Court as an adult. 3.6 Rule-makinli. jurisdiction rules of practice and procedure for the Circuit b. The Circuit Court has appellate chairmen of civil, in which an Courts following consultation with the over all cases, criminal and Committees appeal may, as provided by law, be taken from the the House and Senate Courts of Justice and the executive committee of the Judicial Con- judgment of the special or limited jurisdiction ference of Virginia for courts of record (reference courts of the state. Judicial councils and conferences). [Code 1950, 117-123; Executive Secretary) Table 26: (Such rules, subject to the strict construction of 3.4 Judges (111). The number of judges in each the provisions of Section 8-1.3, which are theonly circuit is set by the legislature based on the rules of practice and procedure in theCircuit recommendation of the Judicial Council (reference Court of the commonwealth, are Includedin the Code Table 29: Judicial councils and conferences). of Virginia as provided in S8-1.2,subject to re- a. There is no provision for achief judge over vision by the General Assembly.) Section 8-1.3 of all the judicial circuits. The chief ju4ges of the the code states that courts of record and courts individual circuits are elected to 2-year termsby not of record may, from time to time,prescribe peer Nip.. such rules as may be reasonably appropriate to pro- b. Circuit Court judges must be residents of mote proper order and decorum, the convenientand the commonwealth and of their respectivecircuits and must also have been membera of the barfor at efficient use of courthouses and clerks' offices, and the orderly management of court dockets. The least 5 years prior to appointment orelection. statute specifies further that rules so promulgated "c. Circuit Court judges are selectedin the apply only to that court and must not be inconsis- same manner as Supreme Courtjustices. Reference tent with or in addition to any statutuy Section 1.4..c. They serve 8-year terms. provision or the Rules of the Supreme Court. In [Const., Art. VI, S7; Code 1950, 1117-116.2, additioo, they,may not be contrary to decided 17-119.1:2] /gees or abzidge.the substantive rights,of peraons 3.5 Administration peering before the court. a. Whereas there is no provisionfor a chief judge over all the circuits of the CircuitCourt, [Code 1950, S§ 8-1.3, 17-116.4] the chief judges of the individualcircuits ensure .that the system of justice in their respective cir- Courts of Limited or Special Jurisdiction cuits operates smoothly and efficiently. They have The General District authority to assign the work of thecircuits to 4.1.1 GENERAL DISTRICT COURT. judges, and in doing so they mayconsider the na- Court sits in continuous session. Titre and categories of the cases to b!assigned. [Executive Secretary] By legislative act, the com- The chief judges fix the term of each courtin 4.2.1 Organization. Court is They have full supervisory authbr- monwealth is divided into 32 districts. their circuits. The holding of court ity over the magistrates in theircircuits, unless held at the county seats. sessions at other locations in the counties is at they delegate that authority to the chiefjudges the discretion of the chief judges. The chief of the General District Court. They also appoint judges may also establish special divisions of any all regular, substitute, and specialmagistrates General District Court when the work of the court ift in the districts within their circuits. They ap-

456 may be more efficiently handled thereby, such as b. The Committee on District Courts may, as through the establishment of special Criminal, needs require, authorize a court administrator Civil, or Traffic Divisions, and they may assign position in any District Court. the judges of the General District Court with re- c. The Committee on District Courts can autho- spect to serving uch special divisions. rize a clerk's position in particular districts. (Code 1950, SS16.1-69.35, 16.1-69.61 If authorized, the clerk is appointed by the chief 4.3.1 Jurisdiction judge. There are no formal,provisions for assign- a. The General District Court conducts pre- ing administrative duties to the clerk. He super- liminary examinations in felony cases. The ex- v ses the clerical personnel in his office and has clusive original jurisdiction of the court extends re\ ponsibilities as determined by the court. to all misdemeanors and violations of.ordinances, [Code 1950, SS16.1-69.33, 16.1-69-35, laws, and bylaws within the counties and of cities \16.1-69.39; Executive Secretary] and service districts located within the counties. 4.6.11, Rule-making. The Supreme Court may formulate The General District Court exercises exclusive rules of practice and procedure for the General civil jurisdiction in cases where the amount in Distrit Court following consultation with the controversy does not exceed $1,000, and concurrent Chairmen of the House and Senate Courts of Justice jurisdiction with the Circuit Court when the amount Committees and the Executive Committee of the is between $1,000 and $5,000. The court also has Judicial Conference of Virginia for District Courts jurisdiction over mental competency hearings. (reference Table 29: Judicial councils and con- The complete jurisdiction of these courts is, ferences). Rules so promulgated by the Supreme however, limited in those areas where jurisdiction Court are subject to revision by the General Assem- has been conferred by law on the Juven0e and bly under the same statutory provision. Each Dis- Dbmestic Relations District Courts. trict Court hos limited rule-making authority as b. The General District Court has'no appellate may be reasonably appropriate to promote proper jurisdiction. order and decorum, the convenient and efficient (Code 1950, SS16.1-69.28, 16.1-77, 16.1-123, use of courthouses and clerks offices, and the 16.1-127, Executive Secretary] orderly management of court dockets. 4.4.1 Judges (98). The number of judges per Gen- (Code 1950, SS8-1.3, 16.1-69.321 eral District Court is set by the legislature based on the recommendation of the Committee of District 4.1.2 JUVENILE AND DOMESTIC RELATIONS DISTRICT Courts. Each district, with the exception of one COURT. Court terms are set, by the chief judge and district, has a minimum of two judges. It has one are published as a section of the Rules of the Su- judge who also serves as the single judge on the preme Court. bench of the Juvenile and Domestic Relations Dis- 4.2.2 Organization. By legislative act, the com- trict Court in that district. monwealth has been divided into 32 districts, the a. The chief judges of the individual districts boundaries of which are tile same for both General are elected to 2-year terms by peer vote. District and Juvenile and Domestic Relations Dis- b. District Court full-time and substitute trict Courts. Court is held in each county seat judges must be members of the bar and residents of and any other location determined as necessary by the district. Part-time judges are not required the chief judge. Specific statutory provisions to be attorneys (part-time judges abolished on allowing the chief judge of a J.D.R. District Court July 1,1980). to establish specialized divisions do not exist. c. District Court full-time judges are elected [Code 1950, SS16.1-69.35, 16.1-69.61 by a majority vote of each house of the General 4.3.2 Jurisdiction Assembly and serve 6-year terms. Substitute and a. The Juvenile and Domestic Relations District part-time judges are appointed by the judges of Court has exclusive jurisdiction in matters involv- the circuit in which the district is located. Sub- ing the custody, visitation, support, control, or stitute judges serve 6-year terms while part-time case disposition of a child, including the commit- judges serve 4-year terms. mspt of a mentally defective or disordered child. (Code 1950, SS16.1-69.10, 16.1-69-11, 16.1- JtTrisdiction also extends to any,person charged 69.11ksto 16.1-69.16, 16.1-69.6:1, 16.1-69.9, with deserting, abandoning, or failing to provide 16.1-64.9 1, 16.1-69.9:2, Executive Secretary] support for any person in violation of the law and 4.5.1 Administration to all offenses committed by one family member a. The chief judges of the individual General against another, except murder and manslaughter, District Courts are responsible for the general when the person accused is 18 years of age or over. administrative supervision of their respective b. The Juvenile and Domestic Relations District courts in accordance with policy guidance and Court has no appellate jurisdiction. directives from the Committee on District Courts [Code 1950, S16.1-2411 and the Chief Justice. The chief judges may assign 4.4.2 Judges (65). The number of judges per Dis- judges to different courts within the.district, trict Court is set by the legislature based on the based on caseload requirements. If required, -they recommendation of the Committee on District Courts. may request the Executive Secretary to assign a Reference Section 4.4.1. judge from *another district to their districts for a. Chief judges for the individual J.D.R. dis- assistance. The chief District Court judges may tricts are elected to 2--year terms by peer vote. establish special divisions of their courts. They ,p. J.D.R. District Court judges must meet the determine the time and place that court is held same qualifications as General District Court and inform the general public and the Executive judges. Reference Section 4.4.1.b. Secretary of the Supreme Court thereof. They are c. J.D.R. District Court judges are elected in also responsible for arranging the vacation sched- the same manner and serve the same term as General ules of the district judges. When nonjudicial District Court judges. Reference Section 4.4.1.c. personnel positions are authOrized by the Commit- (Code 1950, S16.1-69.111 tee on District Courts, the power of appointment 4.5.2 Administration. The J.D.R. District Court and removal is vested in the chief judge*. is within the unified court system of the common-

457 wealth and is subject to the administrative super- duties as may be required of him by the Chief Jus- vision of the Chtef Justice. tice or by the Supreme Court in the performance of a. Direct administrative supervision of the the administrative functions of that court. J.D.R. districts is exercised by the chief judges, c. Office organization. The Office of the subject to policy guidance from the Committee on Executive Secretary consists of 42 people: 19 District Courts. Reference Section 4.5.l.a. The professionals (Including the Executive Secretary) chief judges designate the supervisors of probation and 23 clerical personnel. The staff provides officers and related social service personnel in support services in the following areas: systems thetr courts. If a joint or regional juvenile de- analysis, programming, and statistical analysis; tention commission is established by three or more court coordination; payroll, accounting, budgeting, cities or counties, the chief judges of the J.D.R. and purchasing; personnel systems; and judictal districts serve as ex officio members. planning legal services. b. Reference Section 4.5.1.b. [Code 1950, Si17-lll.1, 17-111.2; Executive c. Reference Section 4.5.I.c. Secretary] [Code 1950, S1l6A-69.30, 16.1-69.35, 16.1-235, 16.1-236, 16.1-317] Quasi-Judicial Officers 4.6.2 Rule-making. The chief judges may adopt and publish rules not tn violation of law or other 6.1.1 SUPREME COURT court rules to regulate the conduct of the clerks 6.2.1 Chief counsel and employees of the courts. The court may also a. The chief counsel is appointed by and serves prescribe rules to promote order and decorum, the at the pleasure of the court. He must be a pry- convenient and efficient use of courthouses and ticing member of the bar. clerks' offices, and the orderly management of b. The chief counsel and his staff of 5 attor- court dockets, provided that they do not conflict neys provide staff research capability to the Su- with law or other court rules. The Supreme Court preme Court, which enables the court to be more may formulate rules of practice and procedure for effective in determining which petitions for appeal the J.D.R. District Court following consultation will be heard by the court. with the Chairmen of the House and Senate Courts (Executive Secretary] of Justice Committees and the pecutive Committee of the Judicial Conference of Virginia for District 6.1.2 CIRCUIT COURT Courts (reference Table 29: Judicial councils and 6.2.2 Commissioner tn chancery and magistrate conferences). Such rules are subject toyevision a. Commissioners in chancery are appointed by by the General Assembly. the chtef judges. Cormissionere in chancery are (Code 1950, $18-1.3, 16.1-69.32, 16.1-2311 usually attorneys. b. Commissioners in chancery may compel the State-Level Admintstratidn attendance of all needed witnesses in certain 5 civil actions by summons, rule, or attachment in 5.1 General administrattve authortty. The Chief like manner as a Circutt Court. Upon receipt of a Justice of the Supreme Court is the administrative court-referred matter, a commissioner must prompt- head of the judicial system. He may temporarily ly set a time and place of meeting. He may require assign any judge of a court of record to any other the productton before him of all evidence. He may court of record except the Supreme Court and may rule upon the admissibility of evidence unless assign a retired judge of& court of record, with otherwise directed by the decree of reference. If his consent, to any court Trf record except the Su- he has this authority and a party so requests, he preme Court. The Chief Justice may also tempo- must cause a record to be made of all proffered rarily assign a District Court judge from one dis- evidence that he rules inadmissible. Upon conclu- trict to another. The General Assembly may adopt sion of the hearing, the commissioner prepares a such additional measures as it deems desirable for report stating his findings of fact and conclusions the improvement of the administration of justice of law. He files his report, including a tran- by the courts and for the expedition of judicial script of the proceedings, with the clerk of the business. Reference Section 1.5.a. court and forwards copies of same to the parties iConst., Art. VI, S4; Code 1950, 116A-69.351 Involved. 5.2 Offtte of the Executive Secretary to the Supreme Court of Virginia 6.1.3 GENERAL DISTRICT AND JUVENILE AND DOMESTIC a. The Office of the Executive Secretary is RELATIONS DISTRICT COURTS authorized by statute. 6.2.3 Magistrate b. Executive Secretary to the Supreme Court a. Magistrates are appointed by the chief judge (1) The positiob of Exec ive Secretary is of the Circuit Court having jurtsdiction within established by statute. each dtstrict. They must be citizens of the United (2) The Executtve Secre ary must have the States and residents of their yespective judicial same qualifications as a judge f a court of rec- districts (except in Arlington and Fairfax Counties ord, namely, have been a reside t of the common" and the city of Alexandria where persons residing wealth, plus a member of the bar for at least 5 in adjoining distrtcts may bek, employed). New years prior to appointment. The Executive Secre- magistrates must pass certiftcate on examination. tary is appointed by and serves at the pleasure of b. Magistrates have the following poWers: the Supreme Court. (1) To tasue arrest and search warrants in (3) The Executive Secretary assists the accordance with the code. Chief Justice and the Supreme Court tn the adminis- (2) To admit to bail or commit to jail all tration of the judtctal branch of the government persons charged with offenses. to the end that litigation may be expedited and (3) To issue warrants and subpoenas within the administration of justice improved in the such county or city with the same power as is con- courts of the commonwealth, and he has such other ferred upon a District Court.

458 / e .ri 4 l4 e II Figure 2:Virginia state-level administrative office of the courts, 1980 c

DirecCbr of' / Di rector of Director of Director of Director of Di re ct or of Judicial Technicl Educt iona I Research nd Personnel Fiscal Ma nageme nt Asistance Services Planning Services Information Sytems . .

Sec retry Personnel Management Administrative Sec retry Secretary Secretry Analyst Information gsistant p Analyt

r"---N, Systems Operat ions Field Development Manager Support Manager Manage r

I I I =1. 111 Ler....1111, Grant Account ing nd nd External Internal Central Remote Technical Technicl Cour t Purchasing Payroll Systems Sytems Site Site Assistance A. istance Training Analyt Admi nist rt or Administ rator

Secretry Account ins Accounting Account ing Criminal Payroll Payroll Clerk Clerk Clerk Fund Clerk Clerk Accountant

Lir , Grant Purchasing Accounting Accounting Clerk Clerk Clerk Clerk

473

477 The con- (4) To issue civil warrants directed to the 7.2 Authority and procedure for anction. stitution provides for the establishment of a Judi- heriff or conatable of the 6ounty or citywherein cial Inquiry and Review Commission and grantsthe the defendant resides. Supreme Court the authority to censure, retire, or (5) To administer oaths and act as conserva- remove any justice or judge of a courtof record tor of the peace. plus members of the State CorporationCommission (6) To hear and decide complaints, as pro- miscon- vided by law, that persons be required to give a and Industrial Commission for disability or The constitution then states that the Gen- recognizance to keep the peace. duct. for the If authorized by the appointing circuit eral Assembly may provide by general law judges of any judge, the magistrate may accept guilty pleasfor retirement, censure, or removal of exercising 'Glass 4 misdemeanors and lesser offenses and impose court not of record, or other personnel All judges are subject to im- 8100. judicial functions. and collect an appropriate fine up to corruption, (Code 1950, 118-248, 8-252, 18.2-11, 19.2-35, peachment for "malfeasance in office, 19.2-37, 19.2-45; Court rules 2:18; Executive neglect of duty, or other high crime or misdemean- Secretary] or." The commission may administer oaths, order nd otherwise provide for the inspection of books and Judicial Discipline records, and issue ubooenas for the attendance of evidence. 7.1 Judicial Inquiry and Review Commission. The witnesses and the production of physical rules to commission is composed of five members, elected by The commission has the authority to make hearings. All papers majority vote of both houses of the GeneralAem- govern its investigations and commission The commission consiats of two Circuit Court filed with and proceedings before the bly. record of pro- judges, two lawyers, and one public member. The are confidential, until and if such lawyers must be active members of the bar and must ceedings is filed with the Supreme Court. [Const., Art. IV, S17, Art. VI, S10; Code have practiced law in the state for15 or more 1950, 12.1-37.1, 2.I-37.Q to 2.1-37.153 years prior to appointment. The public member cannot be an active or retiredlawyer or an active or retired judge. [Code 1950, 12.1-37.3)

460 WASHINGTON

Court of Last Resort Justice acts as coordinator between the two departments of the court, and apportions business to 1.1 SUPREME COURT. The court sits at Olympii, and them. conducts business year-round except for nonjudi- b. Reference Section 5.2.b (state-level admin- cial days. istrator). [Constitution, Article IV, Sections 2, 3; Re- c. The clerk of the court is selected by\the vised Code of Washington (hereinafter R.C.W.) court. He is responsible for recording all &Qua, Section 2.04.0301 proceedings, keeping all books required by law, 1.2 Organization. The constitution provides that affixing the seal, filing all papers, and training the legislature can designate separate departments all Court of Appeals clerks. of the court. Supreme Court Rules have divided [R.C.W. 12.04.150; S.A.R. 8, 16; Administrator the court into two departments or panels. The for the Courts] Chief Justice can apportion business to the court 1.6 Rule-makini. The Supreme Court makes the departments. rules of practice and process for all courts. If Const., Art. IV, 12; R.C.W. 12.04.150; Rules these rules conflict with any laws, the rules take of Court--Supreme Court Administrative Rule precedence. The Judicial Council (reference Table (hereinafter S.A.R.) 61 29: Judicial councils and conferences) functions .3 Jurisdicton as an advisory committee on proposed rules. a. The Supreme Court has original jurisdiction [R.C.W. 112.04.180, 2.04.190, 2.04.200; Rules in babeas corpus, quo warranto, and mandamus di- of Court; Administrator for the Courts] rected to state officials, and the issuance of writs. It also has jurisdietion over bar admis- Intermediate Appellate Court sion, discipline, and disbarment of attorneys. b. The Supreme Court has appellate jurisdic- 2.1 COURT OF APPEALS. The Court of Appeals sits tion in all cases except civil actions involving in continuous session. The court has three divi- dollar amounts under $200 unless the action in- sions: Division 1, headquartered in Seattle; Divi- volves the legality of a tax, impost, assessment, sion 2, headquartered in Spokane; and Division 3, toll, municipal fine, or the validity of a statute. headquartered in Tacoma. [Const., Art. IV, 14; R.C.W. 12.04.010; Rules [R.C.W. 112.04.030, 2.06.0201 of Court--Admission to Practice Rules, and 2.2 Organization. The court sits in panels of Discipline Rules for Attorneys] three judges. There are two panels in Division 1 1.4 Justices (9) and one panel each in Divisions 2 and 3. There a. The Chief Justice is the justice having the are three districts based on geographical bound- shortest term to serve and not holding office by aries in each division. appointment or election to fill a vacancy. If two [R.C.W. 112.06.020, 2.06.0401 justices have equally short terms, the other jus- 2.3 Jurisdiction tices determine who will be Chief Justice. The a. The Court of Appeals has no original juris- Chief Justice completes his term in this role. diction, b. Supreme Court justices must be admitted to b. The Court of Appeals has exclusive appel- the practice of law in the courts of record of the late jurisdiction in all cases except the follow: state. trig: c. Supreme Court justices are elected at large (1) Criminal cases where the sentence is in the general nonpartisan election when state of- death. ficers are elected, and serve 6-year terms.When (2) Quo warranto, prohibition, injunction, a vacancy occurs, the Governor appoints a person or mandamus directed to state officials. to hold office until the election of a judge to (3) Cases where the constitutionality of a finish the term. The election is nonpartisan and statute', ordinance, tax, impost, ment, or takes place at the next general election. toll has been questioned and held invalid by the [Const., Art. IV, 113, 17; R.C.W. 112.04.100, Superior Court. 2.04.130] (4) Cases involving fundamental and urgent 1.5 Administration issues of broad public import requiring prompt and a. The Chief Justice exercises administration ultimate determination. and supervision over the entire court system (5) Cases involving substantive iseues through the Administrator for the Courts, chief where there is conflict between panels of the judges of the Court of Appeals, presiding judges court or with decisions of the Supreme Court. of the District Court and the Municipal Court, and The court can hear any appeal generally ex- trial court administrators. Reference Section 5.1 cluded from its jurisdiction if transferred to it (General 'administrative authority). In regard to by the Supreme Court. the administration of the Supreme Court, the Chief [RtC.W. 12.06.030]

461 450 Figure 1:Washington court system, 1980 a =1, swamCOURT 11 justices Juriedictiom: Direct appeals wherein Iloilo's. of state officials ars involved, where constitu- Court of Statute is questioned, tionality of last w here conflicting statutes or rules of resort law ars involved, or where the issue is o f broad public interest. Aggrieved party has right of review w hen reversal in Court of Appeals is not unanimous; otherwise review is discretionary. 1111 COURT OP APPEALS (3) Constitutionality of statutes. 16 judges Intermediate Conflicting statutes or rules Jurisdiction: appellate of law. - Appeals from lower courts excgpt those court in the jurisdiction of tha Supreme Court.

INNEN,

SUPERIOR COURT (211) 118 judges* Jurisdiction: - Exclusive original jurisdiction over all civil matters Involving dollar amounts over $3,000, title or possession of real property, and cases invol- Court of ving the legality of any tax, impost, general sssss anent, toll, ur municipal probate jurisdiction and domestic relation matters. - Exclusive original jurisdiction over all criminal with the exception of minor misdemeanors. - Exclusive original jurisdiction over juvenile matters. Appeals de novo. Jury trials. .1111.

=mr DISTRICT COURT (73) MUNICIPAL COURT (225) JUSTICE OF THE PEACE COURT 63 full-time, 31 part -time municipal Judges 206 judges (94 of 2 justices of the peace serve located in Columbia County which also serve in MUNICIPAL DEPARTMENT Jurisdiction: DiSTRICT COURT the District Court) Jurisdiction: - Civil actions under $1,000 Jurisdiction: Jurisdiction: - Such jurisdiction (in sone jurisdictions the - Civil actions under - Municipal ordinance granted to the Courts of limit is under $500), small $3,000, small violations (fins department by law, limited claims. claims. less than $500 usually ordinance jurisdiction - Misdemeanors with fine less - Misdemeanors with sentcnce less violations and than $100, sentence less than fines less than than 6 months). traffic. 30 days (in some juriedic - $500, sentence less tiona fins less than $500, than 6 month.; presentence leas than 6 months), liminary hearings. preliminary hearings. - Traffic matters. - Traffic matter.. Jury trials. Jur/ trials. _

116 rndicates route of appeal.

The number of judges in the Superior Court will inc 00000from IIA to 125 on -41anuary I.1981.

4 s 1

462 2.4 Judges (16) b. Superior Court judges must meet the same a. There is a chief judge for each division qualifications as Supreme Court justices. Refer- who is selected in the same manner and for the ence Section 1.4.b. same term as the Chief Justice of the Supreme c. Superior Court judges are selected in the Court. Reference Section 1.4. same manner and for the same term as Supreme Court b. Court of Appeals judges must have been ad- justices. Reference Section 1.4.c. mitted to the practice of law in the state not [Const., Art. IV, 15; R.C.W. S2.08.060; Admin- less than 5 years prior to taking office and must istrator for the Courts) have been residents of their districts not less 3.5 Administration than1 year st the time of appointment or initial a. There are no provisions for a chief judge election. over all the Superior Courts or for presiding c. Court of Appeals judges are selected in the judges for the 28 divisions. same manner and for the same term as Supreme Court b. There is no provision for an administrator justices. Reference Section 1.4.c. over all the Superior Courts. The position of ad- (R.C.W. 112.06.050, 2.06.070; Rules of Court-- ministrator is authorized for some courts by the Court of Appeals Administrative Rule (herein- judge of the court and is funded by the legisla- after C.A.R.) 8) ture. The administrator's responsibilities are 2.5 Administration determined by the judge of the court and are pri- a. The chief judges decide all procedural mat- marily supervision of the calendar and the bud- ters not affecting the content of the record or get. Reference Section 5.2.b (state-level admin- argument. The chief judge in Division 1 assigns istrator). the judges of that division to panels. c. The clerks of the Superior Courts are b. There is no provision for an administrator elected county officers. In certain counties with for the Court of Appeals. The Administrator for population less than 3,300, the county clerk is the Courts serves as administrator for the Court elm; ex officio county auditor. There are no for- of Appeals with the consent of the court. Refer- mal provisions for assigning administrative duties nce Section 5.2.b (state-level administrator). to the clerk. He has responsibilities as deter- c. Each division appoints a clerk. There are mined by the court. no formal provisions for assigning administrative [Const., Art. IV, S26; R.C.W. 136.16.030; Of- or supervisory duties to the clerk. He has re- fice of Administrator for the Courts] sponsibilities as determined by the Court. 3.6 Rule-making. The Supreme Court has procedural (R.C.W. 12.06.040; C.A.R. 6, 8,16, 23; Admin- rule-making authority. The Superior Court estab- istrator for the Courts) lishes uniform administrative rules. 2.6 Rule-making. The administration and procedure (Const., Art. IV, 124; R.C.W. 112.04.190, of the court is provided by Supreme Court Rule . 2.08.230) though the court can establish rules supplementary to and not in conflict with Supreme Court Rules. Courts of Limited or Special Jurisdiction (Const., Art. IV, 130; R.C.W. 112.06.030, 2.06.040) 4.1.1 JUSTICE OF THE PEACE COURT. The Justice of the Peace Courts are open except on nonjudicial Court of General Jurisdiction days. Sessions of the court are held st such places as provided by the Justice of the Peace 3.1 SUPERIOR COURT. The court sits in continuous Court districting plan. The court sits as often session except for nonjudicial days. as business requires in each city of the Justice [Const., Art. IV, 16, R.C.W. 12.08.030) of the Peace Court districts. 3.2 Organization. The 39 counties of the state (R.C.W. 3.30.0401 are divided into 28 divisions baied on county or 4.2.1 Organization. There is only one county, multi-county boundaries. Superior Court sessions Columbia, still using a Justice of the Peace are held in the county seats. There are no spe- Court. All other counties have District Courts. cialized divisions of the court. One Justice of the Peace Court serves all of [R.C.W. 112.08.030, 2.08.061 to 2.08.0651 Columbia County. There are no specialized divi- 3.3 Jurisdiction sions of the court. a. The Superior Court has exclusive original (Office of Administrator for the Courts) jurisdiction in all civil cases involving dollar 4.3.1 Jurisdiction amounts over $3,000, title or po sssss ion of real a. The Justice of the Peace Court has concur- property, and cases involving the legality of any rent criminal jurisdiction with the Superior Court tax, impost, ment, toll, or municipal fine. over all misdemeanors or gross misdemeanors in its The court also has exclusive original jurisdiction county. The Court cannot impose more than a $500 in criminal, probate, juvenile, and domestic mat- fine or imprisonment aver 6 months in cities over ters in its geographic jurisdiction, except here 20,000 population, or a fine over $100 or over 30 concurrent with the Justice of the Peace urt, ' days of imprisonment in all other cities. District Court, and Municipal Court in c Les over Full-time justices of the peace who are re- 400,000 population. quired by law to be attorneys have jurisdiction in b. The Superior Court has appellate jur _ civil matters involving dollar amounts under tion over cases in all trial courts. $1,000; justices who do not fulfill these criteria (Const., Art. IV, 16; R.C.W. 112.08.010, have civil jurisdiction in matters involving dollar 2.08.020, 3.20.020, 3.20.040, 3.66.020, amounts under $500. In all civil matters, however, 3.66.060, 35.20.250) jurisdiction over cases involving real property, 3.4 Judges (118) false imprisonment, libel, slander, malicious proi- a. The Superior Court does not have a chief ecution, ariminal conversation, or seduction is ex- judge over all the Courts or pr4siding judges for cluded. the 24 divisions. The court has jurisdiction over traffic cases.

1 463 ,I (-)...) N.' b. The Justice of the Peace Court has no ap- (R.C.W. 113.66.020, 3.66.030, 3.66.060, pellate jurisdiction. 35.20.250] (Const., Art. IV, 110; R.C.W. 113.20.020, 4.4.2 Judges (63 full-time, 31 part-time municipal 3.20.030, 3.20.0401 judges serve) 4.4.1 Judges (2 Justices of the peace) a. In districts having more than one judge, a. The Justice of the Peace Court does not the judges must elect and certify a presiding If they do not, have a presiding judge. judge from among their number. b. Justices of the peace must be citizens of the Supreme Court designates the presiding judge. the United States and the state; must be voters of b. District Court judges must be registered the precinct in which elected; and cannot be a voters of their districts and either (1) must be sheriff, coroner, or Superior Court clerk. Jus- lawyers admitted to the practice of law in the tices who hear cases involving dollar amounts of state, or (2) must have been previously elected more than $300 but less than $1,000 must be attor- and have served as a justice of the peace,municipal judge, or police judge in the state, or (3) neyl. c. Justices of the peace are elected at the must have taken and passed a qualifying exam for general election of' cunty and precinct officers the office, as provided for by Supreme Court rules and serve 4-year terms. in districts under 10,000 population. 4-year (R.C.W. 113.04.010, 3.04.040, 3.04.080] c. District Court judges are elected to 4.5.1 Administration terms by the voters of their respective districts. a. There is no provision for a presiding judge (R.C.W. .S13.34.050, 3.34.060, 3.34.070; Rules for the Justice of the Peace Court. of Court--Justice Court Administrative Rule b. There is no provision for an administrator (hereinafter J.A.R.) 5] for the Justice of the Peace Court. Reference 4.5.2 Administration Section 5.2.6 (state-level administrator). a. In the District Courts having a presiding c. When clerks are provided forby statute (in judge, the judge supervises the business of the cities greater than 100,000 where there are two district, assigns judges to departments if the justices of the peace), they are appointed by the court is departmentalized, supervises the prepara- justices acting as a board and are statutorily tion and filing of required reports, and performs authorized to perform clerical duties such as such other duties as required by statute or rule. taking custody of books, records, and papers; be- b. There is no provision for an administrator ing present during session of court;swearing wit- for the District Court. Reference Section 5.2.b nesses; administering oaths; receiving fines; and (state-level administrator). by statute, affixing the seal. c. When clerks are provided for (R.C.W. 113.12.090, 3.54.028N 35.20.210, they are appointed and statutorily authorized to 35.20.220, 35.22.440, 35A.20.110] perform clerical duties. Reference Section 4.6.1 Rule-making. The Supreme Court has proce- 4.5.1.c (Administration). dural rule-making authority for all courts. Ad- (R.C.W. 113.12.090, 3.54.020, 35.20.210, ministrative rule-making authority is vested in 35.20.220, 35.22.440, 35A.20.110; J.A.R. 51 The Supreme Court has proce- the individual court. 4.6.2 Rule-making. (R.C.W. S2.04.190, Office of the Administra- dural and administrative rule-making authority, tor for the Courts] though the courts can adopt procedural rules not inconsistent with Supreme Court rules. 4.1.2 DISTRICT COURT (also called tice Court). (R.C.W. 13.30.080; J.A.R. 21 The District Court sits in continu session. (Clerk, Thurston County] 4.1.3 MUNICIPAL COURT (sometimes known as Police The Municipal Court is open except on 4.2.2 Organization. Counties with populations Court). It holds regular and special over 125,000 are required to haveDistrict nonjudicial days. sessions at such times prescribed by the judges. Courts. Counties with populations under 125,000 can elect to form District Courts uponmajority (R.C.W. 34.20.030] Municipal Courts are provided vote of the county commissioners (county governing 4.2.3 Organization. In cities over board). As of October 1980, there were 73 Dis- by law for all municipalities. trict Courts based on county and inter-countydi- 400,000 population, the court is divided, into three departments, or more if provided by the visions. Any city can establish a Municipal De- partment of the District Court that can also be legislative body of the city. referred to as the Municipal Court of the city. (R.C.W. $53.50.010, 35.20.010, 35.20.100, (R.C.W. 113.30.020, 3.46.010, 36.13.010, Ad- 35.22.420, 35.23.590, 35.24.450, 35.27.520, ministrator for the Courts] 35A.201 4.3.2 Jurisdiction 4.3.3 Jurisdiction exists, has a. The District Court has criminaljuriidic- a. The Municipal Court, where it tion, concurrent with the Superior Court and the exclusive original jurisdiction in all city ordi- Municipal Courts in cities over Municipal Court in cities over 400,000, over all nance violations. misdemeanors and gross misdemeanors, violations of 400,000 population also have concurrent jurisdic- city ordinances, and proceedings to keep the peace tion wit,h the Superion Court and the District in their respective counties. They cannot impose Court over all misdemeanors and gross misdemean- sentence greater than a fine of $500 and/or 6 ors, and proceedings to keep the peace. b. The Municipal Court has no appellate juris- months of imprisonment. The District Court has original civil jurisdiction in cases involving sums diction. under $3,000, except actions involving real proper- (R.C.W. 113.50.020, 3.66.060, 35.20.030, ty, false imprisonment, libel, slander,malicious 35.20.250, 35.22.460, 35.23.600, 35.24%460, prosecution, criminal conversation, or eduction. 35.27.530, 35A.20.040] The Municipal Department generally hears or- 4.4.3 Judges (206--94 of which also serve in the dinance violations and traffic cases. District Court) than 400,000 b. The District Court has no appellatejuris- a. Cities with populations larger have a presiding Municipal Court judge, who is diction. ,n 3 elected by majority vote of the judges of the c. Office organization. The Office of Admin- court. istrator for the Courts consists of 73 people: 52 b. Qualifications for judges vary, depending professionals (including the Administrator for the upon statute or municipal ordinance. In all Courts) and 21 clerical personnel. The profes- cities over 5,000 population, judges must be at- sional staff provides support services in the torneys unless they are justices of the peace. following areas: systems analysis, programming, c. Selection of judges varies with the munici- computer operations, records management, forms pality. The term of office also varies with the development, and field representation; court municipality, but is generally 4 years. coordination and other court services; payroll, 1R.C.W. SS3.50.040, 3.50.050, 35.20.100, accounting, budgeting, and purcflasing; education 35.20.150, 35.20.170, 35.22.420, 35.22.660, and training; personnel systems; and planning and 35.23.660, 35.24.450, 35.27.520, 35A.20.020] research activities including stttistical compila- 4.5.3 Administration tion, judicial planning, research, evaluation, The presiding judge in Municipal Courts in statistical analysis, and legal services. The ad- cities over 400,000 population is responsiole for ministrator, with the approval of the Chief Jus- the administration of the court and the assignment tice, selects his staff. of calendars to all departments. [R.C.W. SS2.56.010, 2.56.020, 2.56.030; Admin- b. The position of court administrator is istrator for the Courts] authorized by statute for Municipal Courts in cities with populations larger than 400,000. Un- Quasi-Judicial Officers der supervision of the presiding judge, the court administrator supervises the functions of the 6.1.1 SUPERIOR COURT chief clerk and director ot the Traffic Violations 6.2.1 Commissioner Bureau or similar agency, and performs other du- a. Commissioners are selected and removed by ties assigned by the presiding judge. the judge of the Superior Court of the county or c. The chief clerk of each Municipal Court is district. They must be citizen; of the Un!ted appointed by the judges of the court. Upon recom- States and voters of the counties. mendation of the judges of a Municipal Court, the h. Commissioners have the authority, subject legislative body of the city may provide for the to revision by the judge, to perform the duties of appointment of assistant clerks as the legislative judges at chambers (i.e., grant defaults, fix, and body may deem reasonable. Some Municipal Court approve bonds), take depositions, and perform clerks perform administrative duties as well as other duties as prescribed by law. clerical duties. [Const., Art. IV, S23; R.C.U. SS2.24.010, [R.C.W. SS35.20.100, 35.20.105, 35.20.210; Of- 2.24.040, 13.04.030] fice of AdminiStrator for the Courts] 4.6.3 Rule-msking. The Supreme Court has proce- 6.1.2 SUPERIOR COURT dural rule-making authority. There are no statu- 6.2.2 Referee tory or constitutional provisions for court admin- a. Referees are appointed by and serve at the istrative rules. Thi s dependent upon municipal pleasure of the court or judicial officer. They ordinance. must be qualified as jurors as provided by stat- [J.A.R. 2,3] ute, must be competent as jurors between the parties, and must be practicing attorneys. State-Level Administrati b. Referees have the power to try an issue of law or fact or ascertain any other fact in a civil 5.1 General administrati e authority.The Supreme action and report on it; execute an order, judg- Court promulgates rules cit- the administration of ment, or decree; and exercise any other power all courts. The Chief Justice supervises the Ad- authorized by law. ministrator for the Courts in ;cis duties over the 1R.C.W. S§2.24.060, 4.48.050] state courts. Reference Section 1.5.a. 1R.C.W. S2.56.030; Rules of Court] 6.1.3 SUPERIOR COURT 5.2 Office of Administrator for the Courts 6.2.3 Judge pro tempore a. The office is established by statute. a. Judges pro tempore are selected by the par- b. Administrator for the Courts ties or their attorneys, and removal is upon final (1) The position of Administrator for the disposition of the case. Judges pro tempore must Courts is authorized by statute. be members of the bar, must be agreed upon in (2) The only statutory qualification is writing by the parties litigant or their attorneys that the Administrator not be over 60 years of age of record, and must be approved by the court. at the time of appointment. The Administrator is b. Judges pro tempore try the cases before selected by the Supreme Court from a list of five them as judges of the court. persons submitted by the Governor. [Const., Art. IV, S7; R.C.W. S2.08.180] (3) The duties of the Administrator include the following: examine the administrative methods 6.1.4 JUSTICE OF THE PEACE COURT and DISTRICT COURT used in the courts and make recommendations; de- 6.2.4 Justice of the peace pro tempore termine needs for court assistance in hearing a. Justices of the peace pro tempore are se- cases and make recommendations to the Chief Jus- lected and removed by the court. They must be reg- tice for the transfer of judges, collect data and istered voters of the Justice Court district and make reports on the court as needed, and on the must be either lawyers admitted to practice in Office of the Administrator annually, prepare and Washington, or elected justices of the peace, mu- submit budget estimates, and make recommendations nicipal judges or police judges, or, in districts for the judicial system; and collect data and make with population less than 10,000, persons who have reports on local and state expenditures for the passed a qualifying exam. judicial system.

1 465 4(Ji Figure 2: Washingtonstat-level administrative office of the courts,1980

Stte Cot.rt Administrator

Court Coordinators

Ofeputy Admit nit rator

Judicial Services Management Joti litI l Intormat ion Services Systems and Division Division Act ivit ies Division Fiscal administ rat ion Support services Superior court Pe ronne I management information Operst ions - Purchasing I yt erne Planning Juvenile court Reserch nd st at is- informat ion yt ems t ice Judicial educt ion Appel late court Legal publict ion record and data Public informat ion System", DiAtrict/municipal informat ion systems Technical services

466 b. Juditices of the peace pro tempore can sit civil matters. as judges of court in any district of the county [R.C.W. SS3.42.020, 3.42.101] during the temporary absence, disqualification, or incapacity of the district Judge. 6.1.6 MUNICIPAL COURT [R.C.W. S3.34.130; Administrator for the 6.2.6 Judge pro tempore Courts] a. Judges pro tempore are selected by the mayor or the chief administrative officer of the 6.1.5 JUSTICE OF THE PEACE COURT and DISTRICT COU(T city. In cities over 400,000 population the se- 6.2.5 Justice Court commissioner lection is made from a list submitted by the mu- a. Justice Court commissioners are selected nicipal judges. Judges pro tempore must meet the and removed by the judges of the district. Comr same qualifications as a judge of the Municipal missioners must be graduated of an accredited law Court. school, must be in good standing with the Washing- b. Judges pro tempore have the same duties and ton bar Association, and must have had 5 years ex- responsibilities as judges of the court. perience in the practice of law or a judicially [R.C.W. §§3.50.090, 35.20.200, 35.22.520, related field. Commissioners are required to take 35.23.650, 35.24.480, 35.27.525, 35A.20.100] an oath of adherence to the Code of Judicial Con- duct. Judicial Discipline b. Justice Court commissioners have the same authority in criminal matters as district judges 7.0 There is no provision for a judtpial disciplin- possess and prescribe. They have no authority in ary commission.

)

AC 467 A ....I Figure 1:West Virginia court system,1980

=WV SUPREME COURT OF APPEALS 5 justices I Jurisdiction. - Original jurisdiction In proceedingsof habeas corpus, mendasua, prohibition, and certiorari. - Appellate jurisdiction is civil cases at Court of law over 000, in equity, in cases involv- last ort ing constitutionality ofs law, and in felony and misdemeanor matters appealed from Circuit Court. 0111.

11 CIRCUIT COURT Op 60 judges Court of Jurisdiction: general Civil actions st law Over $100, equity. Original jurisdiction tn criminal matter.. Jurisdiction Appeals de novo from Magistrate court. Jury trials. ,

I ao MAGISTRATE COURT (SS) 150 Judges Jurisdiction - Civil actions under $1,500. Small cleims and landlord-tenant matters. - Felony preliminary. Misdemeanor with fines less than $1,000 or sentences less than 12 months. - Traffic matters. Jury trials. Courts of limited jurisdiction

MUNICIPAL COURT. (54) 54 judges Jurisdiction - Ordinance violations. - Traffic matters. No jury trials.

ItIndicates route of appeal.

Municipal Courts are not part of the state unified court system. They are organized and operated at the local level.

468 WEST VIRGINIA

Court of Lastjtesort supervision over the entire court system through 1.1 SUPREME COURT OF APPEALS. The court sits at the Administrative Director of the Supreme Court Charleston, the state capital. Two regular terms of Appeals, chief judges of the Circuit Court,' Cir- are held each year, commencing on the second cuit Court administrative assistants, and chief Tuesday in January and the first Wednesday in magistrates. Reference Section 5.1 (General admin- September. Special terms and different locations istrative authority). The Chief Justice has no can be designated by the court. specifically articulated duties, however, with re- [Constitution, Article VIII, Section 3; West gard to the administration of the Supreme Court. Virginia Code 1966 (hereinafter Code) Sections His duties are listed by court order. 51-1-5, 51-1-61 b. Reference Section 5.2.b (state-level admin- 1.2 Organization. The Supreme Court of Appeals istrator). does not sit in panels. c. The clerk of the Supreme Court of Appeals [Const., Art. VIII, §21 is appointed by and serves at the pleasure of the 1.3 Jurisdiction court. There are no formal provisions for assign- a. The court has original jurisdiction in pro- ing administrative duties to the clerk. He has ceedings in habeas corpus, mandamus, prohibition, supervisory authority over the functions of the and certiorari. clerk's office. b. The court's appellate jurisdiction extends [Const., Art. VIII, S3; Administrative Direc- to criminal cases where there has been a conviction tor] for a felony or misdemeanor in the Circuit Court, 1.6 Rule-making. The court has the power to pro- and where there has been a convictiolrin a court mulgate rules relating to writs, warrants, process, of limited jurisdiction thatabos been affirmed by practice, and procedure for all cases and proceed- the Circuit Court. In crimial cases relating to ings criminal and civil, for ail courts of the the public revenue, the right of appeal belongs to sta The Supreme Court also has general super- the state as well as the defendant. The court has visry control over all Circuit and Magistrate appellate jurisdiction in civil cases at law where Cou s. the matter in controversy exceeds $300 (amount may [Const., Art. VIII, §3; Administrative Direc- be increased by a legislative act); in civil cases tor] in equity; in controversies concerning the titles or boundaries of land; in proceedings in quo war- Intermediate Appellate Court ranto, habeas corpus, mandamus, prohibition, and certiorari; and in cases involving personal freedom 2.0 There is no intermediate appellate court in or the constitutionality of a law. West Virginia. [Const., Art. VIII, S3; Code §51-1-31 1.4 Justices (5) Court of General Jurisdiction a. The position of Chief Justice is filled by selection of the court. A rotation plan determined 3.1 CIRCUIT COURT. Court terms presently are spec- by the court governs the length of service in this ified by statute; however, the Supreme Court of role. Appeals is constitutionally authorized to designate b. Supreme Court4of Appeals justices must have court terms. Court must be held in each county at a law degree with at least 10 years of legal ex- least three times annually. perience. They must also be at least 30 years old [Const., Art. VIII, §5; Code §51-2-la to and must have been residents of the state for at §5-2-lee] least5 years. 3.2 Organization. The state is divided Into 31 c. Supreme Court of Appeals justices are elect- circuits. Each circuit contains from one to four ed by the voters to 12-year terms in statewide counties. There are no specialized divisions of elections. Partisan ballots are used. Vacancies the court. are filled by gubernatorial appointment pending the [Code §51-2-1] next general election. If the unexpired term is 3.3 Jurisdiction for less than 2 years, the position is filled by a. The Circuit Court has original jurisdiction the Governor without referral to the voters. in all crimes and misdemeanors. The court has [Const., Art. IV, S4, Art. VIII, SS2, 7; Code original jurisdiction in all civil cases at law S3-1-16; By Court Order; Administrative Direc- exceeding $100 (amount can be Increased by the tor] legislature); in all civil cases in equity; and in 1.5 Administration proceedings in habeas corpus, mandamus, quo warran- a. The Chief Justice is the administrative head to, prohibition, and certiorari. The legislature of the courts. He exercises administration and . is constitutionally authorized to transfer probate jurisdiction from the County Commissions to the Circuit Court, if and when It deems It appropriate.

469 b. Appeals, as permitted by law, from decisions 4.3.1 Jurisdiction of the Magistrate Court are by trial de novo in the a. The Magistrate Court has jurisdiction in all Circuit Court. misdemeanors committed in the county and jurisdic- [Const., Art. VIII, S61 tion to conduct preliminary examinations on war- 3.4 Judges (60) rants charging felonies. A magistrate may issue a. There is no provision for a chief judge over arrest warrants. Except in capital cases, a magis- all the circuits of the Circuit Court. In circuits trate may set and admit to bail. Magistrates have with two or more judges, a chief judge is selected jurisdiction in civil actions where the amount in as prescribed in the local rules of court. controversy is less than $1,500. They also have b. Circuit Court judges must be attorneys with jurisdiction in matters involving unlawful entry at least5 years of legal experience. They must or detainer of real estate so long as there is no also be at least 30 years old and must have been title dispute. residents of the state for at least5 years. b. The Magistrate Court has no appellate juris- c. Circuit Court judges are elected in partisan diction. elections to 8-year terms by the voters of the [Code SS50-2-1, 50-2-3) circuits. 4.4.1 Judges (150). The number of magistrates per [Conga., Art.IV, S4, Art. VII, SS5, 7, Admin- county is determined by a statutory formula, which istrative Director) uses population Increments. 3.5 Administration a.If deemed appropriate, the chief judges of a. Whereas there is no provision for a chief the circuits may appoint one of the magistrates as judge over all the circuits of the Circuit Court, the chief magistrate who serves at the pleasure of the chief judge of each circuitis the constitu- the appointing judge. tional administrative head of the circuit (includ- b. Magistrates qualifications are set by the ing all Magistrate Courts in the circuit). He is legislature, but the constitution prohibits any responsible for the division of business in the requirement that they be attorneys. Magistrates Magistrate Court. The chief judge appoints the must be at least 21 years old and must have a high chief magistrate and the Magistrate Court clerk. school education. Prior to assuming office they He also appoints magistrates to fill vacancies must complete a Lourse of instruction in rudimen- pending the next election. The chief judge may tary principles of law as prescribed by the Supreme order any magistrate to serve temporarily at an- Court. other location within the county, and may make tem- c. Magistrates are selected by the voters of porary assignments outside the county. the counties from partisan ballots. Magistrates b. There is no provision for an administrator serve 4-year terms. over all the circuits of the Circuit Court. The [Const., Art. VIII, SIO, Code SS50-1-1, position of administrative assistant for each cir- 50-1-2, 50-1-4, 50-1-71 cuit is a-Piassified position within the state 4.5.1 Administration judicial personnel system. The filling of the a. Chief magistrates are responsible for all position is discretionary. The administrative administrative functions of their respective courts assistant is appointed by the chief judge of the as specified in the Code, court rules, or as or- circuit. Some of his duties are as follows. he dered by the chief judges of the circuits. As a manages and directs court administrative activi- minimum, these functions include supervision of ties, assigns personnel, procures equipment and the court clerk in establishing and maintaining a supplies, directs budgeting, accounting, and per- centralized docketing system, submitting required sonnel services, supervises record filing and dis- reports, and notifying the chief judges when the position procedures, confers with judges, attor- caseload requires additional magistrates. neys, and public/private agencies to ensure ade- b. There are no provisions for administrators quate administrative services; and performs otfrer for the Magistrate Court. Reference Section 5.2.b duties as directed. (state-level administrator). c. Circuit Court clerks are elected by the c. Magistrate Court clerks are appointed by the voters to 6-year terms. There are no formal pro- chief judges of the circuits. If the Magistrate visions for assigning administrative duties to the Court has less than three magistrates, the chief clerks. They Vhe responsibilities as determined judge can direct the Circuit Court cl rk to serve by their respective courts. both courts. The court clerk assists the chief [Const., Art. VIII, SS6, 9; Code SS50-1-6, magistrate in the performance of his a lcm inistrative 50-1-7, 50-1-8, 50-1-13, Personnel Manual, pp. duties. A-8, 5-1; Administrative Director) [Code 5550-1-7, 50-1-8) 3.6 Rule-making. Reference Section 1.6. Subject 4.6.1 Rule-Making. Reference Section 1.6. to the approval of the Supreme Court, each Circuit Court has the'authority to establish local rules 4.1.2 MUNICIPAL COURT. (The Municipal Court is not to govern the court. considered a pasf of the state system and functions [Const., Art. VIII, S6) independently of the Chief Justice and the Adminis- trative Office of the Supreme Court of Appeals.) Courts of Limited or Special Jurisdiction The Municipal Court meets whenever caseload demands it, usually once or twice a week. 4.1.1 MAGISTRATE COURT. The Magistrate'Court sits [Administrative Director] in continuous session. 4.2.2 Organization. Each Municipal Court has [Administrative Director] jurisdiction within the municipality. There are 4.2.1 Organization. There is Magistrate Court no geographical or specialized divisions of the in each of the state's 55 counties. There are no Municipal Court. specialized divisions of the court. [Code S8-10-11 1Const., Art. VIII, SIO, Code S50-1-1)

474 4.3.2 Jurisdiction (3) The Administrative Director prepares and a. The Municipal Court has jurisdiction over submits the judicial hudget. He has charge of all ordinance violations administrative matters relating to clerks' offices, h. The Municipal Court has no appellate juris- examines the state of the dockets in the various diction. courts, and secures Information AS tO their needs !Conat., Art. VIII, c111 for assistance. He is responsihle for the prepara- 4.4.2 Judges (54). Mayors serve as ex officio tion of statistical data on and reports ofthe Municipal Courtjudges. The cities may also pro- business transacted hy the courts. His duties also vide for the election or appointment of one Mutifcf- include the purchase, exchange, transfer, and dis- pal Courtjudge tf they desire. trihution of equipment and supplies and sue+) other a. The Municipal Court doeA not have presiding duties assigned to him hy the Supreme (ourt. The judges. Administrative Director serves as the erretary of h. Municipal Courtjudges must be atleast30 the Judicial Council (reference Tahle 2h Judicial years old and must have heen residents of the state councils and conferences). for at least5 years. Additional qualifications c. Office organization. The Administrative may he prescribed hy the local governing hody. Office of fhe Supreme Court consists of12 people: c. The method of appointment or election and 5 professionals (including the Administrative Di- the term of office are prescribed hy ordinance. rector) and7 clerical personnel. The protessional (Const., Art. IV, S4; Code SSA-10-1, A-10-21 staff provides support servi(es in the following 4.5.2 Administration. All matters relating to the areas information systems acpvities, court sup- administration of these courts are determined hy port services, finanre and hudget artivines, per- the local governing hody. sonnel services, puhlic intormanon And liaison a. There Are no provisions for presiding judges activities, and planning and resvanh for the Municipal Court. [Const., Art. VIII, SI, (ode SS SI-1-17, h. There are no provisions for administrators 56-11-1. Administrative Dire(tor1 for the Municipal Court. c. There are no provisions tor clerks for the Quasi-Judicial Offifers

Municipal Court. 0 [Code SA-10-21 6.1.1 CIRCUIT COURT 4.6.2 Rule-making. The Municipal Court.may estah- 6.2.1 Commissioner lish rules of court provided they are consistent d. The Circuit Court may appoint from four to with the law and the rules of the Supreme Court. eight commission'ers, depending on the population [Code SSA-10-1, A-10-21 ofthe circuit. Inflividual courts establish the qualifications for the position. lhe (ommissioner State-Level Administration serves at the pleasure of the «nirt. h. The commisioner has the power to take 5.1 General administrative authority. The Supreme, depositions, to swear and examine witnesses, And Court has general supervisory control over all to certify their testimony. intermediate Appellate courts (none have heen [Code SS51-5-1, 56-7-1, estahlished), the Circuit Court, and the Magistrate Court. The Chief Justice is the administrative 6.1.2 CIRCUIT COURT head of the courts. The court appoints the Admin- 6.2.2 Juvenile referee

. istrative Director and other employees of the a. The judge or judges of thet innit tourt can court. It also prescrihes their duties and compen- appoint one person who is qualified by edukation sation and can remove them.The Chief Justice can and exlwrience to serve as a referee on A toll or assign Judges from one court to another for tem- part-time blasts in each COUPIV. porary service. Under his direction, the Adminis- b. A referee holds detention heartngs. He is trative Director prepares and suhmits the judicial not permitted to conduct hearings on the merits ot hudget. The Supreme Court provided "for dividing any case. A referee may order detention, hut his the huminess of those circuits tn which there is decision is appealahle to the luffge ot the (Inuit more than one Judge between the judges thereof so Court who appointed him, or, in some (Inuits, to aa to promote and secure the convenient and expe- any one of a group of judg who appointed him. ditious transaction of such husfness." Reference [Code S49-5a,1 to S49-5a-hl Section I.5.a. [Const., Art. VIII, Sc3, 51 6.1.3 CIRCUIT COURT 5.2 Administrative Office of the Supreme Court of 6.2.3 Special Judge Appeals a. A specialjudge may he ele(ted bv the at- a. The administrative office is estahlished hy torneys involved inth;: (ase when ajudge is unahle statute. to attend ang, hold court. The clerk ofthe fourt b. Administrative Director of the Supreme Court holds the election, declares the results, and of Appeals enters the same on the record. The spfef fat judge (1) The position of Administrative Director is required to take an oath of oftice. Thr".re ate

0 of the Supreme Court of Appeals is Authorized by no fo I qualifications for this position, huttn the constitution. practi e special judges are local attornevs. (2) It is deml-rahle that the Administrative h. The specialjudge asstinips the duties,

Director he a graduate of a 4-year college with a authorL , and responsfhility of the judge for whom deAree In Eublic or hAsfness administration or,in he ts presiding. a related eld. He Aould have extensive experi- [Code S51-2-10 to S5I-2-121 ence in court or related administrative or professional work. The Administrative Director is appointed hy the Supreme Court.

471 '1 4rt -, Figure 2: West Virginia state-level admipistrative office of the courts, 1980,

Administrative Director Mi.

11 Assistant Deputy Assistant Director Director Director

4 - Computer operatioNa Personnel Magistrate cmurte h Stattliticn - Payroll Legal .\\ Education and - Records Management -ArcouAing - Grants management Audit training Jury Management Budgeting Research Purchasing - Education and Training 4 trmining fducation

472 Judicial Discipline. pointed by the Supreme Court and two attorneys ap- \ pointed by the bar's Board of Governors. 7.1.1 Judicial Iriquiry Cosimission. The Judicial \ [Rules 21 Inquiry Commission 6nsists of three Circuit Court \,.....7,21.2 Authority and procedure for santion. The judges appointed by the West Virginia Judicial As- udicial Review Board i0convened to hear com- sociatiod, two nonsttorneys appointed by Ole Su- plaints find by the Judicial Inquiry Commission. preme Court, snd,two attorneys appointed by the At the conclusion of the public hearing and upon bar's Board of Governors. consideration of all tbe substantial, probative, [Rules of Procedure for the Handling of Com- and reliable evidence developed and upon arguments plaints Against Justices, Judges and Magis- presented, the board makes its recommendation to trates (hereinafter Rules) 11 the Supreme Court. Prior to the court's decision, 7.2.1 Authoritynd procedure for sanction. The the judge is afforded the opportunity to be heard. Judicial Inquiry Commission receives complaints and The court can dismiss the complaint, or it can conducts a full investigation. A hearing is not direct that the judge be admonisheckakivately permitted at this stage and no oral testimony is reprimanded, publicly censured, temporarily sus- token. Tlite accused judge is Afforded an opportun- pended for a period of up to 1 year without pay, ity to submit a Atatement in writing. If a reason- or fined up to $5,m0 together with the costs,of able basis exists for the complaint, the commission the commission and board, or any combination there- refers the charge to the Judicial Review Board of. It may also retire a judge who is eligible for (reference following section) and notifies the retirement if he is unable to perform his duties accused adge st the same time, because of advancing yeArs and attendant physical [Rules 11 or ftental ir*apaciV. 0' [Rule-s 21 7.1.2 Judicial Review Board. The Judicial Review Board consists of three CCrcuit Court Judges ap-

(I')

473 Figure 1:Wisconsin courtsysrem,1980

SUPREME JUDICIAL COURT 7 justices , Jurisdiction: Court of - Final appellats jurisdiction over all courts Last in the state. resort - Limited original jurisdiction in cases of of statewide concerA. 1

1r COURT OF APPEALS (9) 12 judges Jurisdiction: Intermediate - Original jurisdiction to issue prerogative appellate writs. court - Reviews decisions of lower courts and administrative proceedings. il

CIRCUIT COURT (69) 190 judges Jurisdiction. - Original civil (except probate, waall Court of claims). general - Original criminal. jurisdiction - Juvenile matters. Appeals Jury trials.

ir MUNICIPAL JUSTICE COURT (216) 216 judges ..- Jurisdiction: - Misdemeanors and municipal ordinance viola- Court of tion with fine less than $700, sentence less limited than 6 onths. jurisdiction No jury trials.

tIndicates route of appeal.

474 WISCONSIN

Court of Last Resort aq supervision over the entire court system th-rough the Administrator of Courts, the Executive 1.1 SUPREME COURT. The court sits in Madison for Officer, and the chief judges of the 14 judicial one session each year beginning on the second Tues- administrative districts. day in August. b..The Executive Officer is the administrator (Wisconsin Statutes Annotated (hereinafter of the Supreme Court and executive assistant to the W.S.A.) 1251.061 Chief Justice. He is appointed by the Supreme 1.2 Organization. The court does not sit in Court. His responsibilities include supervision panels or divisions. of the offices of the Supreme Court clerk, the 1.3 Jurisdiction marshall, and the reporter, and supervision of bud- a. The Supreme Court has original jurisdiction get preparation for the Supreme Court. in cases of statewide couarn, such a! elections c. The Supreme Court appoints a clerk, who ap- and bond issues where the taking of evidence is not points a deputy clerk. The clerk performs the fol- required. The court also may issue writs of habeas lowing duties: corpus, mandamus, quo warranto, certiorari, injunc- (1) Keeps custody of the seal of the court; tion, and any other writs necessary to administer all books, recorfils, and papers; and all writs, pro- justice. ceedings, and papers of any action of the court. b. The Supreme Court has appellate jurisdiction (2) Supervises the handling of all moneys over all matters of appeal, error, or complaint or property deposited or placed in his possession from the decisions or judgments of Court,of Appeals as clerk. or of any Circuit or County Court. The Wisconsin (3) Furnishes certified copies of papers, Constitution provides that the Circuit Court has records, opinions, and decisions. appellate jurisdiction over all courts of limited (4) Furnishes to the reporter copies of all -juirisdiction. As provided by statutes, however, opinions required by him. appeals in all but limited classes of cases are (5) Issues writs and process to persons en- heard by the Supreme Court. These clamses include titled to the same by law or the rules and practice appeals in misdemeanor cases, small claims cases, of the court. and other limited cases. (6) Makes a calendar of cases for argument (Constitution, Article VII, Sections 3, 8; as the court directs. W.S.A. SS299.30 (1969), 751.05, 751.07, 974.01 (7) Gives certificates to attorneys on their (1969)1 admission to practice in the court. 1.4 Justices (7) (8) Performs other required duties. a. The court is presided over by a Chief Jus- [Const., Art. VII, S12; W.S.A. SS251.21, tice. The justice with the longest continuous ser- 751.02; Wisconsin Appellate Practice and Pro- vice is designated as the Chief Justice. If two cedure Study, pp. B-1 and 8-1] justices have served for the same length of time, 1.6 Rule-making. The Supreme Court prescribes the justice whose term will expire first becomes rules to regulate procedures in all courts. The Chief Justice. He completes his term in this role. Supreme Court has superintending and administrative b. Supreme Court justices must be United States authority over all courts. citizens, must be qualified voters, must be between [Const., Art. VII, S31 the ages of 25 and 70 years, and must have practiced law for at least 5 years, and be licensed to Intermediate Appellate Court practice law in Wisconsin. c. Regular terms of all Wisconsin justices and 2.1 COURT OF APPEALS. The Court of Appeals has an judges are filled by elections held on a non- administrative headquarters in Madison. The court partisan basis in the April general election. If is made up of four districts: DistrictI sits in more than two candidates file for a particular Milwaukee; District 2 sits in Waukesha, Fond du judgeship, a primary election is held 4 weeks in Lac, and Racine; District 3 sits in Wausau, Eau advance of the general election. In the event of Claire, Superior, and Green Bay; and District 4 a vacancy in any of the courts, the Governor is sits in Madison, La Crosse, and Stevens Point. empowered to appoint a replacement if the date of (W.S.A. S1752.05; 752.13; 752.15; 752.17, 'the next spring election is 90 days beyond the date 752.191 of appointment. Supreme Court justices serve 2.2 Organization. The state is divided into four 10-year terms. Court of Appeals districts. The-court sits in IConst., Art. VII, 114, 4(2), 9, 10; W.S.A. 3-judge panels. 118.11, 8.501 (W.S.A. 1752.031 1.5 Administration 2.3 Jurisdiction a. The Chief Justice is the head of the judi- a. The Court of Appeals has original jurisdic- cial system. Reference Section 5.1 (General admin- tion to issue necessary writs in aid of its juris- istrative authority). He exercises administration diction.

475 491 b. The Court of Appeals has appellate jurisdic- agement, calling and presiding over meetings of the tion to review administrative proceedings, as the circuit judges *ithin the district, and repre- legislature may provide bylaw. sentin/ the court before other branches of govern- (W.S.A. S752.01) ment, other courts, and- the news media. 2.4 Judges (12) b. There are no proyisions for an administrator a. The chief judge of the Court of Appeals is over all the Circuit Courts or for administrators appointed by the Supreme Court for a 3-year term. for the 14 judicial admintstrstive districts. Re- b. Court of Appeals judges must meet the same ference Section 5.2.b (state-level dministrator). qualifications as Supreme Court justices. Refer- c. The clerks keep all court re ords and are ence Section 1.4.b. In addition, they must reside generally considered responsible fo4 most support within the districts in which they are elected. personnel. c. Court of Appeals judges are elected for (W.S.A. SS59.39, 757.63(2), 757. 3(3)(a), 6-year terms by popular election on a nonpartisan 757.63(3)(b), S751.63(3)(f), S75 63(3)(g), bai- 757.63(3)(j); Citizens Study Commi tee on [W.S.A. SS752.04; 752.071 Judicial Organization, Report, p. 951 2.5 Administration (Information not available) 3.6 Rule-making. Reference Section 1.6. The Board 2.6 Rule-making. Reference Section 1.6. of Circuit Judges, made up of all the Circuit Court judges, has established rules of Circuit Court pro- Court of General Jurisdiction cedure consistent with rules prescribed by the Su- preme Court, and meets at least annually to ex- 3.1 CIRCUIT COURT (Information not available) change ideas and recommend changes in procedures. 3.2 Organization.Wisconsin is divided into 69 [W.S.A. S252.08] judicial circuits. There is one county per circuit except in three circuits where two counties are Cpurt of Limited ox Special Jurisdiction combined to form a single circuit. In counties with a population of 500,000 or more, two dr more 4.1 MUNICIPAL JUSTICE COURT (Information not circuit judges serve on the Family Court. The available) state is divided into 14 judicial administrative 4.2 Organization. Each city, town, or village may districts for the pufpose of administering the locally establish.a Municipal Court. A municipalcourt system. Each district includes all the ity may establish is many branches of the court as Circuit Courts within the district. The chief it deemsrnecessary. judge in each of the state's 14 judicial adminis- [W.S.A. St755.01, 755.01(3)] trative districts designates whicH judge is to 4.3 Jurisdiction exercise juvenile jurisdiction in every county hav- a. The Municipal Justice Court hØ jurisdkCtion ing two or more judges. For counties having only over all municipal ordinance violati ns one circuit judge, that judge presides in juvenile b. The Municipal Justice Court has'1q appellate matte018 as well as all other matters. jurisdiction. (W.S.A. SS252.017; 757.60; Legislative Note to [W.S.A. S755.045] W.S.A. S48.111 4.4 Judges (216) 3.3 Jurisdiction a. The Municipal Justice Courts do not have a. The Circuit Court has original jurisdiction presiding judges. in all criminal and civil matters in the state un- b. Municipal Justice Court judges are not re- less exclusive jurisdiction is given to some other quired to have legal training. court. The Circuit Court is referred to as the c. Municipal Court judges are selected in the Family Court when hearing domestic relations, juve- same manner as Supreme Court justices. Reference nile matters, welfare fraud, and mental commitments Section 1.4.c. Municipal Court judges are elected in counties with a population of 500,000 (Milwaukee every 2 to 4 years, depending on the municipal County). election. b. The Wisconsin Constitution provides that the [W.S.A. S755.02; National Survey of Court Or- Circuit Court has appellate jurisdiction over lim- ganization, p. 249] ited jurisdiction courts in the state. 4.5 AdmiBistration [Const., Art. VII, SS7, 8, W.S.A. SS252.017, a. Aere are no provisions for presiding 753.03] judges for the Municipal Courts. 3.4 Judges (190) b. There are no provisions for administrators a. The Circuit Courts do not have a chief judge for the Municipal Courts. Reference Section 5.2.b over all the circuits. Each judicial administra- state-level administrator). tive district has a chief judge, who is appointed c. Municipal Court judges appoint clerks and by the Supreme Court. The chief judges serve for deputy clerks as authorized by the Municipal Coun- 2-year terms. No chief judge may serve more than cil or Board. three succesSive terms of office. [W.S.A. 1755.101 b. Circuit Court judges must meet the same 4.6 Rule-making. Reference Section 1.6.

, qualifications as Court of Appeals judges. Refer- ence Section 2.4.b. State-Level Administration c. Circuit Court judges are selected in the same mannef as Supreme Court justices. Reference 5.1 Generdministrative authority. The Chief Section 1.4.c. They serve 6-year terms. Justice is head of the judicial system. He may (W.S.A. Si753.01, 757.61; 757.641) assign any judge to aid in the proper disposition 3.5 Administration of judicial business in any other court except the a. Whereas there is no provision for a chief Supreme Court. Reference Section 1.5.a. judge over all the'Circuit Courts, there is a chief 5.2 Office of Administration of Courts judge for each of the judicial administrative dis- a. (Information not available) tricts, who is responsible for such matters as per- b. Administrator of Courts \sonnel and financial administration, caseflow man- (I) (Information not available)

416 ,1 L15 %

-s

No information ts available on the structure of the 4 Wisconsin Office of Administration of the Courts.

../.---N,_ r 9 <-----}---1/

...... -- 4 G

477

6vd (2) The Administrator of Courts must be a duct detention and shelter care hearings, conduct graduate of an accredited college or university (a preliminary appearances, and enter into consent law degree is desirable). He must also have demon- decrees; and hear petitions for commitment and con- strated professional work experience in court ad- duct probate cause hearings. Judges may refer cer- ministration. The Administrator of Courts is ap- tain cases to commissioners, such as when the trial pointed by the Supreme Court. of an issue of fact requires the examiPation of an (3) The Administrator of Court is re- account, in which case the court commissioner may sponsible for gathering statistical reports on be directed to report upon any specific question caseload and information about the judicial busi- of fact involved therein. Court commissioners may ness of trial courts in the state; conducting re- also officiate at a marriage ceremony; issue sub- search and formulating recommendations on court poenas and attachments or other process to compel organization and functions (there is a planning the attendance of witnesses, administer oaths and department in his office), reporting to the affidavits, take depositions and testimony when Governor, the legislature, and the Supreme Court authorized by law or rule or ordor, and certify and every 2 years on the operation of the court system; report the depositions and testimony, and other and disseminating information on the operation of duties as listed under W.S.A. S757.69 the state court system. [W.S.A. SS757.68, 757.69) c. Office Organization. The Executive Officer, who functions as the administrator of the Supreme Judicial Discipline Court, also works out of the Office of Administra- tion of Courts. He is appointed by the Supreme 7.1 Judicial Commission. The commission consists Court. He has a number of responsibilities relat- of nine members: five nonlawyers, nominated by the ing to the administration of the Supreme Court. Governor and appointed with the advice and consent Reference Section 1.5.b. Each of these officers of the Senate, one Court of Appeals judge and one has his own staff. trial judgeiof a court of record, appointed by the [W.S.A. SS257.15, 257.19, 257.19(2), The Supreme CouIrt; and two members of the state bar of Wisconsin Judicial System, p. 4, State Court Wisconsin who are not judges, appointed by the Administrators, p.114,115; Administrator of Supreme Court. Courts and Executive Officer) [W.S.A. S757.83) 7.2 Authority and procedure for sanction. The Quasi-Judicial Officers commission investigates any possible misconduct or disability of a judge. Subpoenas may be issued to 6.1 CIRCUIT COURT compel the attendance and testimony of witnesses 6.2 Court commissioner and to command the production of books, papers, a. Full-time court commissioners are appointed documents, or tangible things connected with the by the chief judge of each judicial administrative investigation. Before finding probable cause, the district. In each county the circuit judges ap- commission must notify the judge of the substance point part-time commissioners as needed. All court of the complaint or petition and must afford the commissioners appointed after May 16, 1978, other judge a reasonable opportunity to respond. If the than official court reporters, must be attorneys judge responds, the commission considers the re- licensed to practice law in the state. sponse before it finds probable cause. A record b. On authority de/egated by a judge, which may is kept of any hearing on a formal complaint or be a standard order, and with the approval of the petition. The hearing may be before a panel made chief judge, a court commissioner appointed under up of three Court of Appeals judges or before a W.S.A. S757.68 may perform the following duties: jury, if requested by the commission. If the hear- direct a case to the proper court if the defendant ing is by a panel, the panel makes findings of wishes to enter a plea after intelligent waiver of fact, conclusions of law, and recommendations re7 rights; in criminal matters, issue summonses, ar- garding appropriate diaciOline for misconduct or rest warrants, or search warrants and conduct appropriate action for disability with the Supreme initial appearances of persons arrested and set Court. If the hearing is by a jury, the presiding bail to the same extent as a judge; conduct initial judge files the jury verdict and his recommenda- appearances in all traffic cases, conduct initial tions with the Supreme Court. The Supreme Court return a earances and conciliation conferences in reviews the findings of fact, conclusions of law, small cla ms type actions; condikt noncontested and recommendations4. and determines appropriate probate pr teding, Issue warrants and capiases discipline or appropriate action in cases of dis- for those who not appear as sumoned; in juvenile ability. matters, issue summonses and warrants, order the [W.S.A. SS757.85, 757.89, 757.91) release or detention of children apprehended, con-

478 WYOMING

Court of Last Resort and calls sessionsfpf court, assignment meetings, weekly conferences, opinion meetings, and other 1.1 SUPREME COURT. The Supreme Court holds at meetings of the court; assigns cases for opinion least two terms annually in the capital city of writing; appointi members of the judiciary to sit Cheyenne. in place of any justice who is disqualified or [Constitution, Article 5, Section 7] unable for any other reason to sit on any case; 1.2 Organization. There are no provisions for appoints members of the court to such committees panels in the Supreme Court. A majority of the as may be constituted for standing or special five justices on the court constitutes a quorum, purposes; supervises assignment of space to court and the concurrence of a majority of such quorum personnel; approves employment of members of court is sufficient to decide any'natter. staff; and assigns additional duties to justices [Const., Art. 5, S4(a)] as required. 1.3 Jurisdiction b. The Court Coordinator provides administra- a. The Supreme Court has original jurisdiction tive service to the Supreme Court. He also per- in quo warranto and mandamus directed to state forms legal duties for the court including rule- officials, and in habeas corpus. The court also drafting and legislative relations. In addition, has the power to issue writs of mandamus, review, he monitors the operations of the County Court, the prohibition, habeas corpus, certiorari, and other Justice of the Peace Court, and the Municipal writs necessary for the exercise of its appellate Court. The Court Admini8trat4r has supervisory and and revisory jurisdiction. The court has the management responsibilities over Supreme Court authority to estiblish rules and regulations staff members who work in administrative and non- establishing practice and procedure for disci- legal positions. Reference Section 5.2.b (state- plining, suspending, and disbarring practicing level administrator). attorneys in Wyoming. c. The clerk of the Supreme Court is both a b. The Supreme Court has general appellate constitutionally and a statutorily authorized jurisdiction, coextensive with the state, in all position. The clerk is responsible for maintaining criminal and civil cases. the records of the Supreme Court and performing all [Const., Art. 5, SS2, 3; Wyoming Statutes functions related to the filing of papers, the Annotated (hereinafter W.S.A.) Section collection of fees,,the announcement of decisions, 5-2-118(A)(iii)] the distribution of opinions, and the admission of 1.4 Justices (5) attorneys. The clerk also performs office manage- a. The Chief Justice serves at the pleasure of ment duties. the Court;',. [Const., Art. 5,,S9;W.S.A. S5-2-102; Rule 1, b. SuPTeme Court justices must be at least 30 Internal Operating Procedures, Supreme Court; years of age, must be United States citizens, and Personnel Manual, Supreme Court; Court Adminis- must have been residents of the state for at least mp6 trator] 3 years. They must be learned in the law, having 01.6 Rule-making.The Supreme Court of Wyoming has practiced law at least 9 years, or they must have the power to adopt, modify, and repeal general a combination of judicial service in any court of rules and forms governing pleading, practice, and record and practice of law that equals 9 years. procedure in all courts of the state, for the pur- c. Supreme Court justices are appointed by the pose of promoting the speedy and efficient deter- Governor from a list of nominees submitted by the . fmination of litigation upon its merits. The court Judicial Nominating Commission (reference Table 12: also has general superintending coqtrol over all Characteristqs of judicial nominating commissions) other courts in the state, and specific rule-making and stand for retention in office at the next gen- authority with regard to the administration of the ral election after completing 1 year in office. business of the District Court. Justices serve 8-year terms after which they must [Const., Art. 5, S2; W.S.A. SS5-2-114; 5-3-102, again stand for retention Court Administrator] [Const., Art. 5, SS4/( I)) ,4(g), 8; Court Admin- istrator) Intermediate Appellate Court 1. Administration a. The Supreme Court exercises administration 2.0 There Ts no intermediate appellate court in and supervision over the entire court system Wyoming. through the Chief Justice, the Court Administrator, and the Court Coordinator. Reference Section 5.1 Court of General Jurisdiction (General administrative authority). The Chief Justice is the chief administrator for the system. 3.1 DISTRICT COURT. The District Court holds With regard to the adminisiration of the Supreme terms as prescribed by law. Sections 5-3-101 of Court, he performs the following duties: schedules the Wyoming Statutes Annotated 1977 sets forth

479 4 Figure 1:Wyoming court system, 1980

SUPREME COURT 5 justfces Jurisdiction: Court of Original jurisdiction to hear extraordinary last write. resort - Appellate jurisdiction in civil and criminal cases from District Court.

DISTRICT COURT (9) 15 judges Jurisdiction. - Original jurisdiction in all civil actions, law and equity. Exclusive jurisdiction in probate, guardianship, adoption, and civil commitment metiers. Court of - Originel jurisdiction in criminal matters. general - Exclusive Juvenile code jurisdiction jurisdiction (excluding ordinance and traffic violations). Appeals on taped records. Jury trials.

It It MEMO' COUNTY COURT (2) JUSTICE OF THE PEACE COURT (38) MUNICIPAL COURT (74) 4 judges 43 justices of the peace 77 police justices (Located in Laramie and Natrona Jurisdiction: Jurisdiction. Counties) Civil actions under $4,000, Exclusive jurisdiction over Courts o?,^N Jurisdiction. except title to real estate municipal ordinance viola- limited - Civil actions under $7,000, Misdemeanors in which punish- tions in which punishment jurisdiction xcept real estate matters. ment does not exceed $750 fine does not exceed $200 fine or - Misdemeanors, preliminary or 6 months imprisonment, pre- 90 days imprisonment. hearings. liminary hearings. Jury trials. Jury trials. Jury trials.

111 Indicates rmIte of appeal.

480 the beginning dates of terms of court in each Courts of Limited or Special Jurisdiction county. (Const., Art. 5, S241 4.1.1 COUNTY COURT. The County Court sits in 3.2 Organization. The state of Wyoming is divided continuous session. into nine judicial districts. There is a District (Court Administrator] Court in each of the districts. The legislature 4.2.1 Organization. A County Court must be estab- makes provisions for attaching unorganized counties lished in any county with a population of more than (new counties) to organized counties for judicial 30,000, according to the latest official federal purposes. There are no specialized divisions of census. In counties of less than 30,000, the es- the court. tablishment of a county court is optional for the (Const., Art. 9, S24; Court Administrator] Board of County Commissioners. It is a court of 3.3 Jurisdiction record. As of 1980, County Courts exist in a. The District Court has original jurisdiction Laramie and Natrona Counties. in all criminal cases as well as in all cases in (W.S.A. §§5-5-102, 5-5-1031 law and equity. The courts have the power to issue 4.3.1. Jurisdiction writs of mandamus, quo warranto, review, certio- a. The County Court has jurisdiction over all rari, prohibition, injunction, and writs of habeas misdemeanors, over civil actions not exceeding corpus, on petition by or on behalf of any person $7,000, and over actions for forcible entry and in actual custody in their respective districts. detainer. The County Court, however, does not have b. The District Court has appellate juris- jurisdiction over actions to determine the bound- diction over cases from courts of limited juris- aries or title to real property. diction in the counties of the districts as may be b. The County Court has no appellate jurisdic- prescribed by law. tion. (Const., Art.5, §10] (W.S.A. §§5-5-131, 5-5-132, 5-5-133; Court 3.4 Judges (15) Administrator] a. The District Court does not have a chief 4.4.1 Judges (4) judge over all the districts. In multiple-judge a. The County Court does not have prediding districts, the judges select one of their number judges. to act as coordinator. If no coordinator is se- b. Coynty Court judges must be authorized to lected, the Supreme Court may designate one. practice law in Wyoming and must be electors of b. District Court judges must be practicing their respective counties. The position of County attorneys, must be at least 28 years of age, must Court judge is a full-time position. be citizens of the United States, and must have c. County Court judges are appointed by the been residents of Wyoming for at least 2 years Governor from a list of notainees submitted by the preceding their election. Judicial Nominating Commission (reference Table c. District Court judges are appointed by the 12: Characteristics of judicial nominating commis- Governor from a list of nominees submitted by the sions). They must stand for retention in office in Judicial Nominating Commission (reference Table the same manner as Supreme Court justices. Refer- 12: Characteristics of judicial nominating commis- ence section 1.4.c. They serve 4-year terms. sions). They must stand for retention in office in (W.S.A. §§5-5-110, 5-5-111, 5-5-112; Court the same manner as Supreme Court justices. Refer- Administrator] ence Section 1.4.c. They serve 6-year terms. 4.5.1 Administration [Const., Art. 5, S§4(f), 12, 19; Rule 7, Rules a. There are no provisions for presiding judges of the Supreme Court of Wyoming] for the County Court. 3.5 Administration b. There are no provisions for court adminstra- a. There are no provisions for a chief judge tors for the County Court. over all the districts of the District Court. In c. There are no statutory provisions for multiple-judge districts, the cie4dinator has re-. clerkb, but both County Courts have clerks, ap- sponsibility for administration"0 the district. pointed by the judges. They have responsibilities b. There are no provisions for an administrator as determined by the court. over all the districts of the District Court or for (Court Administrator] administrators for the individual districts.Ref- 4.6.1 Rule-making. The Supreme Court promulgates erence Section 5.2.b (state-level administrator). rules for the County Court. c. District Court clerks are elected at general (W.S.A. §5-5-1081 elections by the voters of the counties. The clerks are responsible for receiving and recording 4.1.2 JUSTICE OF THE PEACE COURT. The Justice of all cases filed. They have care and custody of all the Peace Court sits in continuous session. the records, seal, books, papers, and property (Court Administrator] pertaining to their office. They are also respon- 4.2.2 Organization. A Justice of the Peace Court sible for receiving, accounting for, and paying is located in each county of the state except over all money that comes into the possession of where replaced by a"County Court. There are no the court except that received by master commis- specialized divisions of the court. sioners; and they attend all terms of court held (W.S.A. S5-5-1051 in the county. 4.3.2 Jurisdiction (W.S.A. §5-3-202; Rule 7, Rules of the Supreme a. The Justice of the Peace Court has jurisdic- Court of Wyoming] tion in public offenses below the grade of felony, 3.6 Rule-making. The Supreme Court makes rules and in which the punishment does not exceed a $750 fine regulations for the District Court. The individual or 6 months of imprisonment. The court also has districts may promulgate local rules of court, jurisdiction in all civil actions where the amount subject to Supreme Court approval. in controversy, exclusive of costs, does not exceed (Const., Art. 5, S2; W.S.A. §5-3-102; Rule 7, $4,000. Jurisdiction is concurrent with the Dis- Rules of the Supreme Court of Wyoming] trict Court in controversies involving any amount inexcess of $500. 481 5 0 b. The Justice of the Peace Court has no 4.6.3 Rule-makin/. The Supreme Court may promul- appellate jurisdiction. gate rules and regulations for the Municipal [W.S.A. SS5-4-106, 7-16-101; Court Adminis- Court. A municipality may provide active rules trator], that do not conflict with the untform state pro- 4.4.2 Judges (43 justices of the peace) visions. a. The Justice of the Peace Court does not [W.S.A. 15-6-1061 have presiding judges. b. Justices of the peace must be qualified State-Level Administration

. voters in the counties in which their courts are located. 5.1 General administrative authority. Administra- c. Justices of the peace are elected or, if tive authority for the state judicial system is none are elected, they are appointed by the county vested tn the Supreme Court. The Chief Justice is boards. They serve 4-year terms. the chief administrator for the system. Reference [W.S.A. SS5-4-101, 5-4-104, 5-4-201(b); Court Section 1.5.a. Administrator] [W.S.A. S5-2-102] 4.5.2 Administration 5.2 Office of the Court Administrator a. There are no provisions for presiding judges a. The office of the Court Administrator is not for the Justice of the Peace Court. authorized by statute or constitution. b. There are no provisions for administrators b. Court Administrator foc the Justice of the Peace Court. Reference (1) The position of Court Administrator was Section 5.2.b (state-level administrator). created by Supreme Court order in 1980. c. Clerkn for the Justice of the Peace Court (2) The Court Administrator is appointed by are selected by the county commissioners (county the Supreme Court. The qualifications for this governing board) where they exist, with thr advice position Include a college degree with graduate of the justices of the peace. They have responsi- work in judicial administration, law, public admin- bilities as determined by their respective courts. istration, or a related field. He must also have [Court Administrator] atleast5 years of experience in court administra- 4.6.2 Rule-making. The Supreme Court may promul- tion, the ability to supervise court administrative gate rules and regulations for the Justice of the personnel, and the ability to analyze and formulate Peace Court. solutions to management issues involving court [W.S.A. 55-4-207] operations. (3) The duties of the Court Administrator 4.1.3 MUNICIPAL COURT. The Municipal Court slits include the following: supervision of the fiscal in continuous session. control office, design and coordination of statis- [Court Administrator] tical data collection from all courts; supervision 4.2.3 Organization. There 'are Municipal Courts tn of the law library; review of the administration 74 municipalities in the state of Wyomtng. There of the Supreme Court (makes recommendations for im- are no specialized divisions of the court. provements in administrative procedures); the [Court Administrator] handling of personnel matters concerning nonlegal 4.3.3 Jurisdiction employees of the Supreme Court; day-to-day control a. The jurisdiction of the Municipal Court, over the expenditures of the Supreme Court (subject prescribed by municipal charter,is limited to to the discretion of the Chief Justice); liaison municipal ordinance violations punishable by a with other state agencies concerning administrative maximum fine of $200 or 90 days of imprisonment. matters; and other work as assigned by the Chief b. The Municipal Court has no appellate juris- Justice or Supreme Court. diction. c. Court Coordinator [W.S.A. SS5.-6-102, 5-6-201] (1) The position of Court Coordinator was 4.4.3 Judges (77 police justices). The statutes created by Supreme Court order in 1975. provide that the municipality prescribes the num- (2) The Court Coordinator is appointed by ber of judges per court. The judges are known as the Supreme Court. The qualifications include a police justices. law degree and at least 5 years of experience as a a. The Municipal Court does not have presiding practicing lawyer, preferably in Wyoming. judges. (3) The dottes of the Court Coordinator b. Police justices of the Municipal Court must include rule-drafting, overseeing thr operation of be qualified voters and residents of the counties the limited jurisdiction courts and continuing tn which their courts are located. A justice of education of judges of those courts, and other the peace may be appointed to the office of police legal staff work as assigned by the Chief Justice. justice of a Municipal Court by the local governing d. Office organization. The Office of the board. Court Administrator consists of 4 people: 3 pro- c. Municipal Court police justices are appointed fessionals (including the Court Administrator), and by the mayors with the consent of the city coun- 1 secretary. The professional staff provides sup- cils. Terms arr prescribed by 1pcal ordinance. port services in the following areas: facilities [W.S.A. SS5-4-201, 5-4-204, 5-6-103,.5-6-104; management; accounting and budgeting; training and Court Administrator] publications; legislative, executive, public, and 4.5.3 Administration media information; and planning and research a. There are no provisions for presiding judges activities, whtch include judtcial planning, for the Municipal Court. statistical analysts, and legal services. b. There are no provisions for administrators [Supreme Court Order, State of Wyoming 1980; for the Municipal Court. Reference Section 5.2.b Personnel Manual, Supreme Court of Wyoming; (state-level administrator). Court Administrator] c. There are no provisions for clerks for the Municipal Court. Quas t-Judic tal Of f tcers

482 "LIA. Figure 2:Wyoming state-level administrative office of the courts, 1980

Fiscal Court Officer Planner ,

Assistant Secretary

r;,-, 0 46 0 '- 6.1.1 DISTRICT COURT pointed by the Governor and approved by the Senate 6.2.1 Commissioner with a majority of the membership concurring. a. Commiesioners must be learned in the law, (Conat., Art. 5, S6(a)) must be residents of the counties for which they 7.2 Authority and procedure for sanction. The com- are appointed, and must be citizens of the state. mission holds a preliminary investigation to deter- Commissioners are appointed by the District Court, mine whether formal proceedings should be institu- as necessary, to serve at the court's pleasure. ted and a hearing held. If the commission decides b. Commissioners have the authority of a dis- that formal proceedings should be instituted, the trict judge -at chambers," in the absence or dis- commission issues a written notice to the judge. ability of the judge.They may determine cases of He may file a written answer to the charges against insanity or mental incompetence. In juvenile him within 15 days after service of the notice A matters, the commissioner may conduct detention subpoena is issued for any witness or wit hearings in the absence of a judge, but may not The judge has the right and opportunity to defend make a final order of adjudication or disposition. against the charges by the introduction of evi- [W.S.A. SS5-3-302, 5-3-303, 5-3-307] dence, to be represented by counsel, and to examine and cross-examine witnesses. If the commission 6.1.2 COUNTY COURT finds good cause, upon a vote of five of the mem- 6.2.2. Commissioner bers, it recommends to the Supreme Court the a. The District Court may appoint gommissioners censure, retirement, or removal of the judge. On of the County Court, to serve at the pleasure of recommendation of the Judicial Supervisory Commits- the District Court. Commissioners must be voters sion, or on its own motion, the Supreme Court may of the county in which they are appointed and must suspend a justice or judge fromoffice without be learned in the law. salary when he pleads guilty or no contest or is b. A commissioner of the County Court may con- found guilty of a felony or offense involving moral duct arraignments in misdemeanor cases, conduct turpitude under Wyoming or federal law. If his initial appearance proceedings in felony cases, conviction is reversed, suspension terminates, and issues warrants, and fix and accept bail. At the he will be paid his salary for the period of sus- direction of the County Court judge, a commissioner pension. If he is suspended and his conviction has all the powers and duties of a County Court becomes final, the Supreme Court removes him from judge in the event of the absence, disability, or office. On recommendation of the Judicial Super- disqualification of the county judge and at the visory Commission, the Supreme Court may retire a direction of the county judge or the Supreme Court. justice or judge for disability that seriously [W.S.A. SS5-5-162, 5-5-163, 5-5-164, 5-5-167] interferes with the performance of his duties and is, or is likely to become, permanent. The Supreme Judicial Discipline Court can censure or remove a Judge for actions occurring during, or not more than 6 years prior 7.1 Judicial Supervisory Commission. The commis- to the commencement of his current term, that con- sion consists of 7 members: 2 judges of the Dis- stitute willful misconduct in office, failure to trict Court, elected by the district judges; 2 mem- perform his duties, habitual intemperance, or con- bers of the Wyoming State Bareo have practiced duct that bringa the judiciary into disrepute. law in the state for 10 years, appointed by the [Const., Art. 5, S6(d)(e); Judicial Supervisory governing body of the Wyoming State Bar; and 3 Commission Rules, State of Wyoming, Rules 9, voters of the state who are not judges, retired 12, 13, 16] judges, or members of the Wyoming State Bar, ap-

484 AMERICAN SAMOA

Court of Last Resort They may be removed by the Chief Justice for cause. Upon attaining the mandatory retirement age of 65, 1.1 APPELLATE DIVISION OF THE HIGH COURT. Ses- they must be separated ftom government employment sions of the Appellate Division are held in the unless the separation requirement is waived by the village of Fagatogo, Tutuila, or in other villages Governor. Immediately after retirement, they are as may be designated by the Chief Justice. By added to the panel of temporary associate judges statute the court must hold regular sessions. In and are not subject to the confirmation provisions practice, the Appellate Division convenes twice a described above. Acting associate justices are ap- year (usually Spring and Fall) for one to two pointed"by the U.S. Secretary of Interior, but weeks, depending on the caseload. serve one term only, which usually lasts one to two (5 American Samoa Code (hereinafter A.S.C.) weeks. 402(c), 408(b) and (e)] (5 A.S.C. SS201(a), 201(b), 204(d), 408(b)) 1.2 Organization. The Appellate Division consists 1.5 Administration of the Chief Justice, associate justice and acting a. The Chief Justice has general supervisory associate justices appointed by the U.S. Secretary authority over all courts in the Territory and des- of Interior (in practice these acting associate ignatea the panels for the Appellate Division. justices are Federal judges, usually from the 9th b. There is no administrator for the Appellate Circuit Court of Appeals, and District Court judges Division of the High Court. Reference Section 5.1 from the southern district of California), and all (State-Level Administration). associate judges. Sessions of the Appellate Di- c. The clerk of the High Court serves as clerk vision are held before three justices and two as- of the Appellate Division. Reference Section sociate judges. The presence of two lustIces and 3.5.c. one associate judge is necessary to constitute a 1.6 Rule-makinii. The Chief Justice is authorized quorum for the trial and determination of a case to make rules regulating the pleading, practice, or controversy. administration, and procedure and conduct of busi- (5 A.S.C. 408(b)) ness for all courts in American Samoa. 1.3 Jurisdiction [5 A.S.C. 202(c)] a. The Appellate Division has no original jurisdiction. Intermediate Appellate Court b. The Appellate Division has jurisdiction to review, on appeal, final decisions of the Trial 2.0 There is no intermediate appellate court in Division and the Land and Titles Division of the American Samoa. High Court, matters on appeal from the District Court as provided by law, appeals of decisions of Court of General Jurisdiction administrative agencies as provided by law, and appeals of other matters as provided by statute. 3.1 HIGH COURT OF AMERICAN SAMOA. Although by (5 A.S.C. 402(c)] statute the High Court must hold only regular ses- 1.4 Justices (4; and not less than 5 associate sions of all divisions, in practice it meets throughout the year.- 12111.1) a. The Chief Justice and associate justices are (5 A.S.C. 408(e)] appointed by the U.S. Secretary of Interior and 3.2 Organization. The High Court consists of the serve until removed for cause. Appellate Division (discussed above), the Trial b. By statute, the justices (excluding acting Division, and the Land and Titles Division. The associate justices who are federal judges) must be Trial Division consists of the Chief Justice, one learned in the law. Although the Secretary of In- associate justice, and all the associate judges. terior is not bound by the rules of the Federal Sessions of the Trial Division are ordinarily held judiciary, it appears he has followed them in the before a justice and two associate judges. The past when selecting justices. There are no statu- presence of a justice and one associate judge is tory qualifications for associate judges, however, necessary to constitute a quorum for the trial and factors considered in making the selection are: determination of a case or controversy. The Land the title held, the geographical location within and Titles Division consists of the Chief Justice, the Territory from which they come, previous gov- one associate justice, and all the associate rnmental or legal background, and past ervice judges. In the Land and Titles Division, all con- rendered to the community. troversies relating to land must be heard and de- c. Associate judges are appointed by the cided by a justice and two associate judges. The Governor of American Samoa upon recommendation of presence of a justice and one associate judge is the Chief Justice, and are confirmed by the necessary to constitute a quorum for the trial and American Samoan Senate. Associate judges hold of- determination of a case or controversy. In the fice for a term of 4 years which may be renewed. Land and Titles Division all controversies relating

485 - ;) aut1 o Figure 1:American Samoa court system, 1980

APPILLATK DIVISION Of THK MICR COURT a justices; not Isms than 5 silsocists Justices Juriediction: - Review mf final decisions.'Trial and Land Court of end Titles Divisions of the tigh Court, last tholle decisions of the Distr$ct Court as resort provided by law, end decisioes of adednis - teatime Agencies and other matters.

=1/ HIGH COURT Of AMERICAN SAMOA 2 justice. (vho also11111TVOin theAppellsta Divii011 of the High Court) end not less than 5 Judges _ TRIAL DIVISION LAND MAO TITLES DIVISION

Jurisdiction: 1 Jude. (designated as chief - Civil over $3,000 xcept land associate judge) serve. and titles matters; admiralty JurisdIction: Court of and maritime setters; probate; All netters relating to motet general domestic relations xcept for titles and controversies relating jurisdiction adoption and U.R.E.S.A. to land. - Criminal flony getters. Appeals de novo of District Court cam in which no tenoeraphic record exists. =MEI,

t v .1111, DISTRICT COURT

1 judge Jurisdiction: - Civil under $3,000 except metal titlee end land setters; adoption, U.R.E.S.A., matters under the Occupational Health and Safety Act; public health offenses. - Misdemeanors and other criminal cases with

sentence of imprisonment less than I year, Courts of preliainery hearings. Non-felony traffic. limited Appeals de novo from the Villas. Court, jurisdiction t VILLAGE COURT associate justices of the High Court 00000 Jurisdiction: - Csuasa ariaine under the regulations of each respective village.

,...-----.. Indicates routs of appeal. 111'

- 414;1,3 to metal titles must be heard by a justice and four by one district court judge sitting alone. aociate judges. Ihe presence of a justice and 15 A S.0 50I(a) and (c)I three associate judges is necessary to constitute 4.3.1 Jurisdiction a quorum for the trial and determination ofa case a. The District Court has original jurisdic- or controversy. tion over the follow,fng matters civil Cases or [5 A.S.C. 408(c) and (d)I controversies, ot.,1kier than actions involving land 3.3 Jurisdiction or metal titles, in whi-the amount in controversy a. The Trial Division of the High Courtis a does no!. excned $3,000, criminal cases in which the court of general jurisdiction with the power to offense charged is a misdemeanor or any offense hear any matter not otherwise provided for by punishable by not more than one year of imprison- statute. -NorW.LtrieTenfLimg the foregoing, the Trial ment, traffic cases except those involving a Divisidn'ot HI; High Court has'ortginal jurisiic- felony, initial appearances and preliminary exami- - tion over the tolloiaing classes and controversies. nations in all criminal cases, adoptions, actions civil CaSPS in which the amountin controversy ex- arising under the Uniform Reciprocal Enforcement ceeds 0,000, except land and titles matters, crigr of Support Act, actions arising under the Occupa- trial casesCri which a felony is charged, admiral-Cy tional Health and Safety Act, and certain public and maritime matters over which the trial division health offenses as provided by statute. The Dis- has both in rrm and ln personem jurisdiction, ju- trict Courtis a court of limited jurisdiction and venile cases, probate of wills and adminis- does not have jurisdiction over those matters over tration of estates, domestic relations, except which the High Court has original jurisdiction. adoptions and actions arising under the Uniform b. The District Court hears appeals from the Reciprocal Enforcement of Support Act, all writs, Village Court as trials de novo. and all other matters over which the Trial Divi- [5 A.S.C. Si501(b), 601(6)1

sion is given jurisdiction by statute. 4.4 1 Judges (1 or more) The Lend and Titles Division has exclusive a. Since there is presently only one District jurisdiction in ail matters relating to metal ti- Lourt judge, he is the presiding judge. The method tles and in all controversies relating to land. of selection and term are the same for all District b. Final decisions of the District Court may Court judges. District Court judges are appointed be appealed to the High Court. Upon appeal, cases by the Governor of American Samoa upon the recom- or controversies in which there is no stenographic mendation of the Chief Justice and are confirmed record are tried de novo by the Trial Division of by the Senate. District Court judges hold office the High Court. for a term of 4 years which may be renewed, and can A.S.C. SS402(b) and (c), 5071 be removed for cause by the Chief Justice. 3.4 Justices (2 Justices that also serve in the b. District Court judges must be learned-in the Appellate Division of the High Court and not less law. than 5 judges) c. Reference 4.4.1.a above. a. The Chief justice sits as presiding judge [5 A.S.C. 210(a) and (c)I of the High Court.. 4.5.1 Admilistration b. Reference Section 1.4.b (Justices). a. The District Court has a presiding judge. c. Reference Secikion I.4.c (Justices). b. There is no provession for an administra- 3.5 Administration tor in the District Court. Reference Section 5.1 a. The Chief Justice or his designee desig- (State-Level Administration). nates which judges sit on any given panel. The c. The clerk of the High Court serves also as Chlef Justice and associate justice are not per- the clerk of the District Court. Other High Court mitted to sit on the same panel, and the one who officers and employees may be assigned to work is sitting is the presiding justice for that panel. part-time or full-time for the District Court by The Chief Justice designates one judge as chief the Chief Justice of the High Court. associate judge to preside over the Land and Titles [5 A.S.C. 5051 Diviaion and to be responsible for the general ad- 4.6.1 Rule-Making. Reference Section 1.6. ministration of that division. In the past, the chief associate judge chosen has been the senior 4.1.2 VILLAGE COURT. The statutorily prescribed associate judge as measured by time in service. term of the Village Courtis thatIt shall meet b. There is no provision for an administrator from time to time, as the number of cases awaiting in the High Court. Reference Section 5.1 (State- trial requires. In practice, the frequency that Level Administration). the court of any given village convenes varies with c. The Ilerk and his deputies are appointed the size of the village (larger villages convening by the Chief Justice and are subject to removal by their courts more frequently). him. The clerk of the High Court records its pro- [5 A.S.C. 601(a)I ceedings and is the custodian of the records, 4.2.2 Organization. Each village has a Village papers, and seal of the Court. Court consisting of an associate judge of the High [5 A.S.C. 204(b) and (c), 406, 407, 408 (f)1 Court- The Chief Justice of the High Court assigns 3.6 Rule-Making. Referenco Section 1.6. associate judges to be responsible for conducting sessions in one or more villages. Courts of Limited or Special Jurisdiction 15 A.S.C. 601(a)I 4.3.2 Jurisdiction :#.1.1 DISTRICT COURT. By statute, sessions of the a. The Village Court has jurisdiction only over District Court are held as thbullIkss of the matters arising under the regulations of its re- court requires and as the Chief J ice may desig- spective village. Except for retrials before the nate from time to time. ,In practice, the court is District Court, the Village Court has exclusive in session throughout the year. jurisdiction to Impose penalties for the violation 41( [5 A.S.C. 501(d)I of village regulations. 42.1 Organization. There is one District Court b. The Village Court has no appellate juris- consisting of one or more district court judges. diction. All sessions of the District Court are conducted [5 A.S.C. 601(b)I 40 487 0t--u . 4.4.2 Judges (1 or more associate juetices of the 5.2 There is no provision for, and there is in fa High Court of American Samoa serve) no administrative office of the courts. N e. There is no presiding judge as such of the Village Court. Quasi-Judicial Officers b. Reference Section 1.4.b (Justices). c. Reference Section 1.4.c (Justices). 6.0 There are no provisions for quasi-judicial of- 4.5.2 Administration ficers in the court system of American Samoa. a. There is no presiding judge in the Village Court. Judicial Discipline b. The Chief Justice of the High Court des- ignktes an associate judge or othet person as ad- 7.1 Trial Commission. The Trial Commission con- ministrator of the Village Court. The administra- sists of the associate justice and two associate tor supervises the operation of the Village Court. -judges appointed by the Chief Justice. c. The clerk of the High Court also serves as [Disciplinary Rules and Procedures of the High the clerk of the Village Court, and he or his des- Court, Rule 4] ignee attends all sessions of the Village Court and 7.2 Authority and Procedure for Sanction. The prepares a written record of the proceedings. Chief Justice of the High Court has been given the [5 A.S.C. 602.1(a) and (b)] authority by statute to discipline and disbar at- 4.6.2 Rule-making. Reference Section 1.6. torneys practicing before the courts of American Samoa and he has delegated by rule, this authority State-Level Administration to the Trial Commission. The procedures are set forth in the Disciplinary Rules and Procedures of 5.1 General Administrative Authority. The Chief the High Court of American Samoa. The procedure Justice has administrative supervision over the may begin with a formal or informal complaint, and High Court of American Samoa, the District Court will include a hearing at which the respondent will and the Village Court, and their judges, magis- be given an opportunity to be heard and be repre- trates,eglerks and other officers. sented by counsel. Appeals from the Trial Commis- [5 A.S.C. 202(c)] sion are heard by the Chief Justice of the High Court. [5 A.S.C. 202(d), Disciplinary Rules and Pro- cedures of the High Court of American Samoa]

488 ,4 DISTRICT OF COLUMBIA

Court of Last Resort District of Columbia for 5 years immediately preceding his nomination. 1.1 COURT OF APPEALS. The Court of Appeals sits (4) Has been a resident of the District for in the District of Columbia for one term of court at least 90 days prior to nomination, and will coincident with the calendar year. retain such residency as long as he serves as a [District of Columbia Court of Appeals, Rule 2) judge. 1.2 Organization.Cases are heard and determined (5) Has not served as a member of the Ten- by 3-judge divisions of the court unless a hearing ure Commission (reference Section 7.1 Judicial or rehearing before the court en banc is ordered. Discipline) or the District of Columbia Judicial A hearing or rehearing before the court en banc may Nomination Commission (reference Table 12: be ordered by a majority of the judges of the court Characteristics of judicial nominating commissions) in regular active service. for a period of 2 years prior to his nomination. [District of Columbia Code (hereinafter (6) Is recommended to the President by the D.C.C.) Sections 11-705(b), (c), (d)) District of Columbia Judicial Nomination Commis- 1.3 Jurisdiction sion. a. The Court of Appeals has implied power to c. Thirty days before the expiration of a issue extraordinary writs in aid of its appellate judge's term, or within 30 days after a vacancy jurisdiction. occurs for some other reason, the District of Co- b. The Court of Appeals has jurisdiction over lumbia Judicial Nomination Commission (reference appeals from: Table 12: Characteristics of judicial nominating (1) All final otders and judgments of the commissions) submits a list of three nominees to the Superior Court and interlocutory orders of the Su- President, who makes the selection. If more than perior Court concerning injunctions, appointment one vacancy occurs at one time, separate lists must of receivers, guardians, or conservators, or those be submitted with no person named more than once. changing or affecting the possession of property. Presidential nominees are forwarded to the Senate A party aggrieved may appeal as of right, except for confirmation. If the President fails to nomi- for review of Small Claims Branch decisions, crim- nate a person from the list within 60 days after inal judgments where the penalty imposed is a fine receiving such a list, the commission appoints one of less than $50 for en offense punishable by im- person from the list with the advice and consent prisonment of 1 year or less, or by fine of not of the Senate. A judge serves a 15-year term, and more than $1,000. Review of such judgment is by upon completion of such term, he continues to serve application for the allowance of an appeal, filed until his successor is appointed and qualifies. in the District of Columbia Court of Appeals. [D.C.C. SS11-1502, 11-1503; Home Rule Bill, (2) All orders and decisions of the mayor, Sections 431(b), 433(b)(2),'(3), (4), (5), council, or any agency of the District of Columbia 434(d)(1)) to the extent provided by the law. 1.5 Administration (3) Review of orders and decisions from cer- a. The Joint Committee on Judicial Administra- tain District of Columbia administrative agencies. tion is responsible for setting policy for the ad- [D.C.C. SS11-721, 11-722; Mike's Manufacturing ministration of the courts. Reference Section 5.1 Company v. Ziemoris (Municipal Court of Appeals (General administrative authority). The Executive for the District of Columbia, 1949, Vol. 66, Officer is responsiblefor the administration of Atlantic 2nd Reporters, p. 414)] the court system, subject to the supervision of the 1.4 Justices (9) Joint Committee and the chief judges of the respec- a. The Chief Judge is designated by the Dis- tive courts. The Chief Judge of the Court of Ap- trict of Columbia Judicial Nomination Commission peals supervises the internal administration of all (reference Table 12: Characteristics of judicial affairs of the court. He may also temporarily as- nominating commissions). A Chief Judge serves a sign Court of Appeals judges to the Superior Court 4-year term or until his successor is designated. and Superior Court judges to the Court of Appeals. He is eligible for redesignation. If a Chief Judge b. Reference Section 5.2.b (state-level adminis not redesignated or relinquishes the office of istrator). Chief Judge, he continues to be an associate judge. c. The clerk occupies a statutorily uthorizd b. A person may not be appointed a judge of a position. The Executive Officer has designated the District of Coluiebia court unless that individual: clerks to be the administrators of their respective (1) Is a United States citizen. courts. They have responsfbility for direct super- (2) I. an active member of the District of vision of all nonjudicial employees of their re- Columbia Bar. spective courts as well as other duties as.may be (3) Has been engaged in the active practice assigned. of law in the District or has been a professor in [D.C.C. SS11-707, 11-1702, 11-1703(a), 11-1721; a District of Columbia'law school, or has been a Executive Officer) District or fed rnment attorney in the

489 Figure 1:District of Columbia court system, 1980

COURT OF APPEALS ]Court of 9 judges last Jurisdiction: resort - Appeals from the Superior Court and certain District of Columbia agencies.

NMI SUPERIOR COURT 44 judges

..- CIVIL DIVISION FAMILY DIVISION PROBATE DIVISION Jurisdiction: Jurisdiction: Jurisdiction. - Jurisdiction over - Domestic relations, - Probate.- all civil actions, property rights, paternity, mental health. - Juvenile delin- COurt of quency, neglect, general and children in jurisdiction need of supervision.

CRIMINAL DIVISION TAX DIVISION Jurisdiction: Jurisdiction. - Exclusive jurisdiction over - Appeals of tax cases from felonies, misdemeanors, and the District of Columbia and ordinance violations, related civil and criminal - Major traffic cases. matters.

Jury trials.

Indicates route of appeal.

490

, ' 1.6 Rule-making. The Court of Appeals conducts its b. Superior Court judges must meet the same business according to the Federal Rules of Appel- qualifications as Court of Appeals judges. Refer- late Procedure (F.R.A.P.) unless the court pre- ence Seciion 1.4.b. scrtbes or adopts modifications of those rules. c. Superior Court judges are selected in the The F.R.A.P. allows a majority of the judges of the same manner and for the same term as Court of Ap- court in regular active service to make and amend peals judges. Reference Section 1.4.c. rules governing its practice not inconsistent with 3.5 Administration thF F.R.A.P. a. The chief judge supervises internal adminis- [D.C.C. S11-743; F.R.A.P., Rule 47] tration of all affairs of the court. He arranges and divides the business of the court and fixes the Intermediate Appellate Court time of sessions of the various divisions and branches of the court. He designates the number 2.0 There is no intermediate appellate court in the of judges and assigns them to the various divi- District of Columbia. sions. The chief judge may also certify to the Court of Appeals the need for temporary assignment Court of General Jurisdiction of additional judges. b. There is no provision for an administrator 3.1 SUPERIOR COURT. The chief judge may fix the for the Superior Court. Reference Section 5.2.b time of sessions of the various divisions and (state-level administrator). branches of the court. c. The Executive Officer has designated the [D.C.C. S11-906] clerks to be the administrators of their respective 3.2 Organization. One Superior Court serves the courts. They have responsibility,for direct super- District. It consists of the following divisions: vision of all nonjudicial employees of their re- Criminal Division, Civil Division, Family Division, spective courts as well as for other duties as may Probate Division, and Tax Division. The divisions be assigned. may be divided into such branches as the Superior [D.C.C. SS11-906(a), (b), 11-908(a), (b), Court may by rule prescribe. 11-1702, 11-1721; Executive Officer] [D.C.C. S11-902] 3.6 Rule-making. The Superior Court conducts its 3.3 Jurisdiction business according to the Federal Rules of Civil a. The Superior Court has exclusive jurisdic- Procedure and the Federal Rules of Criminal Pro- tion over any civil action or other matter in the cedure, unless it prescribes or adopts rules that District of Columbia, unless jurisdiction is vested modify these rules. Rules that modify the Federal in a Federal Court in the District of Columbia. Rules must be approved by the Court of Appeals. Civil cases are heard in the Civil Division. The Superior Court may adopt and enforce other The Family Division of the Superior Court rules as it deems necessary without the approval has jurisdiction over actions of divorce, support, of the Court of Appeals if such rules do not modify custody, adoption, determination and adjudication the Federal Rules. The Superior Court may appoint of property rights, paternity of any child born out a committee of lawyers to advise it. of wedlock, delinquent or neglected children, [D.C.C. S11-946] children in need of supervision, and commitment of the mentally ill. Court of Limited or Special Jurisdiction The Tax Division of the Superior Court has exclusive jurisdiction of all appeals from and pe- 4.0 There are no courts of special or limited titions for review of assessments of tax (and civil jurisdiction in the District of Columbia. penalties thereon) made by the District of Colum- bia. It also has jurisdiction of all proceedings State-Level Administration brought by the District of Columbia for this impo- sition of criminal penalties pursuant to the pro- 5.1 General administrative authority. The Joint visions of the statdtes relating to taxes levied Committee on Judicial Administration, made'up of by or in balf of the District of Columbia. the Chief Judge and an associate judge of the Court Probke cases are heard in the Probate Di- of Appeals and the chief judge and two associate vision. judges of the Superior Court, is responsible for The Su erior Court has exclusive jurisdic- setting policy for the administration of the tion over any criminal (including traffic) case courts. The committee has statutory authority to under any lawpplicable to the District of Colum- issue all orders and directives necessary to imple- bia in the Cri inal Division. It does not have ment its responsibilities and duties. Reference jurisdiction o r criminal cases brought in the Section 1.5.a (Administration). U.S. District C urt. [D.C.C. SS11-1701(a), (d)] [D.C.C. SS1 -921, 11-923, 11-1101, 11-1201; 5.2 Executive Office of the District of Columbia Home Rule 3411, Sec. 431(b)] Courts b. The Supe or Court has no appellate juris- a. The office was created by D.C.C. S11-1701 diction over cases from other courts. It hears ap- to S11-1747. peals of administrative agency cases. b. Executive Officer [D.C.C. SS11-921, 11-923; Home Rule Bill, Sec. (1) The position of Executive Officer was 431(b)] created by D.C.C. S11-1703(a). 3.4 Judges (44) (2) The Executive Officer must be certified a. The chief judge is selected in the same man- by the Director of the Administrative Office of the ner and for the same term as the Chief Judge of the United States Courts. The Executive Officer is Court of Appeals. Reference Section 1.4.a. selected by the Joint Committee on Judicial Admin- istration with the concurrence of the respective chief judges. The Executive Officer is selected

491 Figure 2:District of Columbia state-level administrativeoffice of the courts, 1980

txecutive Officer of the Courts

Deputy [Remittal' Officer

Director of Fiscal Court Court Officer Planner Reporters

Clerk of the Clerk of the Court of Superior APPeals Court

Chief Deputy Financial Personnel Clerk Operations Family Attorney Division Division Advisor/ 1-4 Library

ler Social Auditor - Coordinator Services Tax Data Master Division Processing -Division

Research, Criminal Division Probate Administrative :::14:ic7:1 Division Division Project I- Divinion

Civil Division Merriage 1- Bureau

511 from a list of not less than three qualified per- 7.1 District of Columbia Commission on Judicial sons submitted by the Director of the Administra- Disabilities and Tenure. The commission consists tive Office of the United States Courts. of seven members appointed as follows: one member (3) The Executive Officer is zesponsible for appointed by the President; two members appointed the administration of the District ot Columbia by the Board of Governors of the unified District court Oystem, eubject to the supervision of the of Columbia Bar, both of whom must have practiced Joint Committee and the chief judges of the respec- law in the District for at least 5 successive years tive courts. preceding their appointment; two members appointed c. Office organization. The Executive Office by the mayor, one of whom is not a lawyer; one non- of the District of Columbia Courts consists of 159 lawyer appointed by the City Council; and an active people: 104 professionals (including the Executive or retired federal judge serving in the District, Officer) and 55 clerical personnel. The profes- appointed by the chief judge of the United States sional staff provides support services in the fol- District Court for the District of Columbia. lowing areas: systems analysis, programming, and [Home Rule Bill, Sec. 4311 computer operations; probation coordination, court 7.2 Authorityand procedure for sanction. The com- reporting, trial court administration, court coor- mission may undertake an investigation on its own dination, and facilities management; payroll, ac- initiative or upon a formal or informal report of counting, auditing, budgeting, and purchasing; li- misconduct or ill health. Hearings must be held brary services; personnel systems; executive liai- prior to filing of orders for removal (ecept for son; and planning and research activities, which those based on final judgment of conviction of a include statistical compilation, judicial planning, felony), involuntary retirement, or suspension research, statistical analysis, and legal services. without salary. Such hearings are confidential [D.C.C. §§11-1703(a), (b); Executive Officer] unless the privilege is waived by the judge under investigation. The judge is entitled to 30 days Quasi-Judicial Officers notice of charges. He may be represented by counsel at the hearings, offer evidence in his own be- 6.1 SUPERIOR COURT half, and confront and cross-examine witnesses. 6.2 Hearing commissioner The commission has subpoena powers and may order a a. Hearing commissioners are selected by the judge to undergo medical examination. The commis- chief judge. They must be members of the bar and sion must report within 90 days findings of fact must possess a broad knowledge of the legal prin- and a determination as to the judge's conduct or ciples relative to family law. health. Four members must concur in a removal b. Hearing commissioners are responsible for order. A judge aggrieved by a commission order conducting hearings primarily in mental retardation filed with the Court of Appeals may file notice of , proceedings but not necessarily limited to this appeal within 30 days with the Chief Justice of the area. After each hearing they recommend in writing United States, who appoints a special 3-member an appropriate course of action or court order to court from among active judges of the United States the chief judge or his designate. District Court for the District of Columbia and the [Position Description, Executive Officer] United States Court of Appeals for the District of Columbia Circuit. The decision of this special Judicial Discipline court is final and conclusive. [D.C.C. §§l1-1527, 11-1528, 11-15291

493 Figure 1:Guam court system, 1980

SUPERIOR COURT 5 judges Jurisdiction: - Original jurisdiction in all civil cases in law or equity except for causes arising under the Constitu- tion .treaties, laws of the United States, and any matter involving the Guam Territorial income tax. - Original jurisdiction in all Court of criminal cases, felony and mis- general demeanors, except for causes arising jurisdiction under the Constitution, treaties, and laws of the United Staten. - Traffic cases. - Juvenile matters. Appellate jurisdiction in all cases tried and determined in the Traffic Court in which punishment is fine of sore than $25 or imprisonment or both. Jury trials.

494 GUAM

Court of Last Resort following the expiration of his term of office. The Governor fills vacancies by appointing a 1.0 There are no provisions for a court of last person with the consent of the legislature. In resort in Guam. making such appointments, the Governor gives [The Administrative Director of the Court] consideration to names which have been timely submitted to him by the Judicial Council. Intermediate Appellate Court [Code of Civil Procedure, Chapter III-A, Title I, Part I, S81; P.L. 12-85, 189, SS1, 4] 2.0 There are no provisions for an intermediate 3.5 Administration appellate court in Guam. a. The presiding judge prescribes and distrib- [The Administrative Director of the Court] utes the order of business in the Superior Court and assigns cases to the judges of the court. He General Jurisdiction Court is vested with final authority in overseeing the operations of the Judicial Branch of the Territory, 3.1 SUPERIOR COURT. The Superior Court sits in except in matters which require the approval of continuous session. the Judicial Council (reference Table 29: Judicial [The Administrative Director of the Court] councils and conferences). 3.2 Organization. The Judicial Council (reference b. There are no provisions for an adminis- fable 29: Judicial councils and conferences) has trator in the Superior Court. Reference Section authority by tules of the court to create divi- 5.2.b (state-level administrator). sions of the Superior Court and may designate c. The clerk serves at the pleasure of the which divisions are to be courts of record and presiding judge. He performs the following duties: which courts are to be not of record.Two of the (1) Takes charge of and safely keeps or divisions must consist of a Juvenile Coure disposes of, according to law, all books, papers, Division (a court of record), and a Traffic Court and records which may be filed and deposited in Division (court not of record). Other divisions his office. include: Criminal (comprising felony and (2) Supervises and directs the work of his isdemeanor), Civil, Probate, Domestic, Small deputies and assistants. Claims, and Special Proceedings Divisions. (3) Attends in person or by deputy each [Public Law (hereinafter P.L.) 12-85 S2] session of the Island Court and the Police (Traf- 3.3 Jurisdiction fic) Court. a. The Superior Court has original jurisdic- (4) Issues all process and notices as re- tion in all cases arising under the laws of Guam, quired. civil or criminal, in law or equity, regardless of (5) Enters a synopsis of all orders, Judg- the amount in controversy, except for causes ments, and decrees proper to be entered at length; arising under the Constitution, treaties, laws of keeps in the Island Court a docket listing the the United States, and any matter involving the title of each cause with the date of its commence- ,Geam Territorial income tax. ment; enters a memorandum of every subsequent pro- b. The Superior Court has appellate jurisdic- ceeding with date and record of all fees chzrged.

tion in all cases tried and determined in the . (6) Keeps other indices and records and Traffic Court in which the punishment imposed is a makes reports necessary in the performance of the fine of ore than $25 or imprisonment or both. duties of his office or as required by the Judi- [Code of Civil Procedure, Chapter III, Title cial Council. I, Part I SS82, 83; P.L. 12-85] [Code of Civil Procedure, Chapter I, Title IV; 3.4 Judges (5) P.L. 12-85, S8] a. The term of the presiding judge is identi- 3.6 Rule-making The Judicial Council (reference cal to all other Superior Court judges. Table 29: Judicial councils and conferences) has b. Judgs of the Superior Court must have the power to prescribe, by general rules, the forms practiced law in Gua fo at least 6 months. of process, writs, pleadings and motions, and c. Judges of the Superior Court are appointed practice and procedure of the courts in Guam in by tha legislature for a term of 8 years. The both civil and criminal actions. appointment is drawn from among tbree candidates [P.L. 12-85, S66] nominated by the Judicial Council (reference Table 29: Judicial councils and conferences). Follow- Court of Limited or Special Jurisdiction ing the 8th year, a judge may file a declaration to succeed himself in the Office of the Election 4.0 There are no provisions for courts of limited Commission. The elections are nonpartisan and are or special jurisdiction in Guam. conducted during the general election immediately [The Administrative Director of the Court]

495 51 Figure 2: Guam state-leveladministrative office of the courts,1980

Administrative Director of the Court

Chief General Clerk of Administration Court Probation Officer

Personnel services - Calendaring - Probation service. a) Personnel services - Court reporting b) Payroll - Records nimagement - Community service Procurement - Jury msnagement a) Purchasing - Maintenance and security Financial management - Chamber staff support a) Accounting - Forme development b) Budgeting - Traffic Violations c) Auditing gureau operations d) Receipt/disbursement - Service 4 execution of process, writs Plans 4 research 4 orders a) Planning b) Statistical compilation/ analysis c) Research d) Evaluatibn e) Grants management f) Education/training

496 State-Level Administration management; community service; jury management; maintenance and security; chamber staff support; 5.1 General administrative authority. There are forms development; Traffic Violations Bureau Oper- no formal provisions for general administrative ations; service and execution of process, writs, authority, however, the Presiding Judge of the and orders; probation services; personnel ser- Superior Court, being the chief judicial officer vices; procurement; financial management; and of the judicial branch, has the inherent discretion plans and research. to prescribe the parameters of authority extended c. Office Organization. The Office of the to the administrative officer. Administrative Director of the Court consists of [Code of Civil Procedure, Chapter III, Title 19 people: 13 professionals (including the Admin- I, Part I, S851 istrative Director of the Court) and 6 clerical 5.2 The Office of the Administrative Director of personnel. The professional staff provides sup- the Court port services in the following areas: payroll, a. Authorization for the Office of the Admin- accounting, auditing, budgeting and purchasing; istrative Director iS accomplished through adop- education and training; personnel systems and tion by the Judicial Council (reference Table 29: office management; legislative, executive, public, Judicial councils and conferences) and approval by and media information, and legislative liaison; the Guam Legislature. and planning and research activities including b. The Administrative Director of the Court. statistical compilation, judicial planning, re- (1) The position of the Administrative Di- search, evaluation, and statistical analysis. rector of the Court is authorized by the Guam Leg- [The Administrative Director of the Court] islature upon approval of the Judicial Council. (2) The Administrative Director of the Qoasi-Judicial Officers Court is appointed by the Preaiding Judge and serves at his pleasure. 6.0 There are no quasi-judicisl officers in Guam. (3) The Administrative Director of the Court does not personally supervise the operations Judicial Discipline of the divisions of the AOC, however, his span of control does cover the operations of each division 7.0 Information on judicial discipline is not including: calendaring; court reporting; records available. L,

497 r.; I rt 3 Ar. 0 Figure 1:Puerto Rico court system, 1980

SUPREMZ COURT luatices Jurisdiction: - Reviews lodgments and decisions of the Court of Court of First Instance*, and cases on laet appeal or review before the Superior Court. resort - Reviews rulings of the Registrar of Property end rulings of certain administrative agencies.

SUPERIOR COURT* (12) 92 Judges

SUPERIOR COURT APPELLATE DIVISION Jurisdiction: at least 3 judges mve - Original Jurisdiction in civil Jurisdiction: setters over $10,000, tax cases, - Appeals of criminal Camas eminent domain; probate. originating in the Superior - Original Jurisdiction in Court. Writs of certiorari to Court of criminal felonies, all misde- review judgments of the general meanors related to felonies, Superior Court of criminal Jurisdiction involuntry homicide, and cases originating in the cases involving minors. District Court. Appeals from District Court and certain administrative agencies. Jury trials in criminal; non-Jury in criminal and civil.

DISTRICT COURT* (3S) 9$ judges Juriediction: - Civil setters under $10,000 (except those heard in the Superior Court), guardianship. - Misdemeanors (except those heard in Superior Court), municipal ordinance violations. No jury trials, non-Jury trials in civil and criminal.

Courts of limited Jurisdiction MUNICIPAL COURT 97 judges Jurisdiction: - Civil investigations and eummonmes. - Probable cause hearings, search warrants, summonses, warrants of imprisonment, warrants to release from Jail, and bail. Violations of municipal ordinances. Accepts guilty pleas. No trials.

Indicates route of appeal.

The Court of First Instance consists of two divisions' The Superior Court and the District Court.

498 PUERTO RICO

Court of Last Resort c. The position of clerk of the Supreme Court is described in the Rules of the Supreme Court. 1.1 SUPREME COURT. The Supreme Court sits in San He supervises the personnel of his office in charge Juan. The SuPreme Court's term begins on the first of the operational controls of the different mat- working day of September of each year and endsoon ters submitted to the attention of the Supreme the last working day of the following May, unless Court, and dissemination of information on the otherwise decided by the Court. During vacation, operations and the administration and control of the court continues its work through one or more the records. There are no formal provisions for of its divisions. assigning administrative duties to the clerk. [Rules of the Supreme Court of Puerto Rico IL.P.R.A., Title *131, R.S.C., Rules 7, 8, (hereinafter R.S.C.), Rule 3; Administrative Administrative Di ctor! Director) 1.6 Rule-making. The Supreme Court adopts rules 1.2 Organization. The Supreme Court may sit in of evidence and rules of criminal and civil proce- divisions of not less than three justices. The dure for the courts. The rules are submitted to court may sit in one or more such divisions for the the legislature at the beginning of its next regu- dispatch of criminal and civil matters. Each divi- lar session and, if not disapproved, go into effect sion is presided over by the senior justice, except 60 days after the close of the session. The legis- when the Chief Justice is sitting in that division. lature has the power to amend, repeal, or supple- [Constitution of the Commonwealth of Nerto ment any rules by a specific law to that effect. Rico, Article V, Sections 3, 4; Laws of Puerto The court may also adopt rules for the informal ad- Rico Annotated (hereinafter L.P.R.A.) Title 4, judication of small claims of $100 or less. The Section 31; R.S.C., Rule 3) Supreme Court may adopt rules for the administra- 1.3 Jurisdiction tion of the courts, subject to the laws that apply a. The Supreme Court has original jurisdic- generally to all branches of the government. tion to hear petitions for habeas corpus and any [Const., Art. V, 116,7; L.P.R.A., Title 4, 12) other causes and proceedings as determined by law. b. The Supreme Court has appellate jurisdiction Intermediate Appellate Court over all matters heard in the Superior Court. The court may review decisions of several administra- 2.0 There is no provision for an i-termediate ap- tive agencies. pellate court in Puerto Rico. [Const., Art. V,15; L.P.R.A., Title 4, 1135, 36, 37! Court of General Jurisdiction 1.4 Justices (8) a. The Chief Justice is selected in the same 3.1 COURT OF FIRST INSTANCE--SUPERIOR COURT. The manner as the other justices. He serves until Superior Court sits in continuous session. compulsory retirement at age 70. [Administrative Director! b. Supreme Court justices must be citizens of 1.2 Organization. The Superior Court holds ses- the United States and of Puerto Rico, must have sions in 12 locations around the commonwealth. By been admitted to the practice of law in Puerto Rico decision of the Chief Justice, the Superior Court for at least 10 years, and must have resided in may hold Appellate Sessions as necessary, or the Puerto Rico for at least 5 years. Chief Justice may order the establishment of one c. Supreme Court justices are appointed by the or more Appellate Divisions. Each Appellate Ses- Governor and confirmed by the Senate of Puerto sion or Division is composed of et least three Rico. They hold office until age 70, except for judges assigned by the Chief Justice. just cause. Vacancies are filled in the same man- IL.P.R.A., Title 4, 1161, 91; Administrative ner as original appointments. Director) [Const., Act. V, 118, 9; Administrative Direc- 3.3 Jurisdiction tor) a. The Superior Court has original criminal 1.5 Administration jurisdiction in all felonies, all misdemeanors a. The Chief Justice has administrative author- related to felonies, 'involuntary homicide, and in ity over the courts of Puerto Rico.He adminis- cases involving minors. The Superior Court has trates and supervises the entire court system original civil jurisdiction in tax cases, eminent through the Administrative Director of'the Courts, domain disputes, probate matters, and all other Superior Court judge administrators, and District civil matters involving $10,000 or more. Court judge administrators. Reference Section 5.1 The Appellate Sessions or Divisions, hear ap- (General administrative authority). As the admin- peals of criminal cases originating in the Superior istrative officer for the Supreme Court he may con- Court, writs of certiorari to review judgments of vene an extraordinary session during the vacation the Superior Court in cases originating in the term of the court. District Court, and all other criminal matters re- b. Reference Section 5.2.b (state-level admin- lating to the judgment, execution, or compliance istrator). thereof in accordance with that resolved by1the Su- preme Court through regulation. 499 51s There are 38 individual Dis- b. The Superior Court has appellate jurisdic- 4.2.1 Organization. trict Court parts located around the commonwealth. tion over all cases heard in the District Court. The court holds sessions in all towns asjudicial The court also has jurisdiction to reviewdecisions of administrative agencies, except thosecognizable needs dictates. (L.P.R.A., Title 4, 6163, 151, 151a) by the Supreme Court. (L.P.R.A., Title 4, 11121, 122; Administrative 4.3.1 Jurisdiction a. The District Court hasoriginal criminal Director] At the request of the Chief Jus- jurisdiction in all misdemeanors, except those 3.4 Judges (92). violations tice, accompanied by a certificate from theAdmin- heard by the Superior Court; and in all istrative Director (reference Section 5.2.b), the of statutes or municipal ordinances within the jurisdiction of the municipal judges. The District number of judges may be increased to 114. Court has civil jurisdiction in all mattersheard a. There is no provision for a chiefjudge over by the municipal judges; in all other civil matters all parts of the Superior Court. In every multi- involving not more than $10,000, except those heard judge part of the Superior Court, the Chief Jus- by the Superior Court; and in all petitions for tice designates an administrative judge who serves withdrawal of funds, filed by the parent or guard- a 1-year term. If there is only one judge, he ian of a minor or an incompetent in whose name serves as administrative judge. b. Superior Court judges must be at least 25 funds up to $2,500 have been deposited in the court, upon depositing the same amountin a bank. years of age, must be admitted to thebar, and must b. The District Court has no appellate have had at least 5 years of professional experience. jurisdiction. (L.P.R.A., Title 4, 1181; AdministrativeDi- c. Superior Court judges areappointed by the Governor and confirmed by the Senate of Puerto rector) They serve 12-year terms. 4.4.1 Judges (99) Rico. chief judge over (Const., Art. V, 18; L.P.R.A., Title 4, SS92, a. There is no provision for a Judge admin- 152, Rules of Administration for the Courtof all the parts of the District Court. Court parts First Instance of the Commonwealth of Puerto istrators for the individual District and for the same Rico (hereinafter Rules of Administration), are selected in the same manner term as judge administrators for theSuperior Court Rule 2) parts. Reference Section 3.4. 3.5 Administration b. District Court judges must be at least 21 a. Whereas there is no provision for achief admitted to the bar, judge over all the parts of the Superior Court, the years of age, must have been professional judge administrators of the individual Superior and must have had at least 3 years of Court parts are responsible to the Chief Justice experience. c. District Court judges areselected in the for the administration of their courts. They have same manner and for the same term asSuperior Court judicial tasks as well as administrativeduties. They serve 8-year terms. Reference Sec- They supervise the administrative work of the judges. judges, officers, and other employees oftheir re- tion 3.4. (L.P.R.A., Title 4, 1152; Administrative Di- spective courts. The judge administrators of the Superior Court must cooperate in administrative rActor] matters with the judge administratorsof the Dis- 4.5.1 Administration a. Whereas there is no provisionfor a chief trict Court, municipal judges, andjustices of the judge over all the parts of the District Court,the peace included in their judicialdistricts. The judge administrators prepare the calendar of all judge administrators of the individual District Justice judicial matters in order to be able to attend to Court parts are responsible to the Chief They assign the administration of their courts. for the administration of their court. the Each judge administrator must biannually sub- judicial matters to the other judges subject to mit to the Chief Justice a report explaining his direction of the Chief Justice. activities as judge administrator during the prc- In addition, the judge administrator of each supervises the adminis- ceding 6 months and the condition and progressof part of the District Court trative matters concerning the municipal judges his court during the term, as well as anyaddition- appointed to the municipalities included withinhis al report the Chief Justice or the Administrative Reference Section 3.5. Director may require. territorial boundaries. administrator b. There are no provisions for anadministrator b. There are no provisions for an over all the parts of theDistrict Court or for over all the parts of theSuperior Court or for administrators for the individual District Court administrators for the individual Superior Court parts. Reference Section 5.2.b (state-level admin- parts. Reference Section 5.2.b (state-level administrator). istrator). c. The position of secretary of theDistrict c. The position of secretary of theSuperior The secretary has Court is created by law. The secretary has respon- Court is authorized by law. responsibilities as determined by the court. sibilitis. as determined by the court. Title 4f 11392-398, 442; Rules of (L.P.R.A., Title 4, 66392-398, 442; Rules of Administration, Rules 2, 2.3; Administra- Administration, Rule 2.3; Administrative tive Director) Director] The Supreme Court adopts rules 3.6 Rule-making. The Supreme Court adopts rules of 4.6.1 Rule-makinfe procedure and rules of administration for theSu- of procedure and administration for the District Court. perior Court. , (Const., Art. V, fib, 7; L.P.R.A., Title 4, 621 (Const., Art. V, $16, 7; L.P.R.A., Title 4, 12]

The municipal cobrt sits Courts of Limited or Special Jurisdiction 4.1.2 MUNICIPAL COURT. in continuous ssss ion. 4.1.1 COURT OF FIRST INSTANCE--DISTRICTCOURT. The (Administrative Director) District Court sits in continuous ssss ion. (AdministrativeAirector) 500 513 I.

Figure 2: Puerto Rico state-level administrative office of the courts, 1980

Admisistrative Director of the Courts

Office of Office of Assistants Legal Affairs Internal Auditing

1 Assistant Assistant Director: Director: Interagency Service and Public Area Relations Area L Iklm ImU INILvLr luresu of Bureau Training Social Office of Federal Auxiliary of Caster Services Inforustion Interagency Grants Services Personnel Center and Public Coordination Project dih relations Coordination

5 2 4.2.2 Organisation. Ths Municipal Court sits where as to court operation, preparing and keeping books there is no District Court unless caseload warrants of accounting, submitting estimates and drawing otherwise. requisitions for public funds appropriated for (Administrative Director) operation of the judicial system, making recommen- 4.3.2 Jurisdiction dations to the Chief Justice for the improvement a. The Miinicipal Court proc sssss uncontested of court operation and the assignment and transfer matters only. All contested matters must be filed of judges, and performing such tasks as the Chief in the,District Court. Justice directs for the better administration of b. Thelinnicipal Court has no appellate juris- the courts. diClion. c. Office organilation'. The Office of Court [Administrative Director) Administration conststa of 310 people: 137 profes- 4.4.2 Judges (53 judges and 7 justices of the sionals (including the Administrative Director) and 173 clerical personnel.,lhe professional staff Pt".a. The Municipal Court does not have a pre- provides support services in the following areas: siding judge. The District Court judge presides programming, computer operations, records manage- over all the Miinicipal Courts in his District. ment and control; court coordination and other b. Judges of the Miinicipal Court must be 21 court services; auditing, budgeting, and pur- years of ags, and must be members of the bar. chasing; training; personnel systems; legislative, c. Judges of the Municipal Court are appointed executive, public, and media information, and by ths Governor and serve 5-year terms. executive liaison; and planning and research ac- [Administrative Director] tivities including judicial planning, evaluation, 4.5.2 Administration statistical analysis, and legal services. a. Reference Section 4.5.1. [Coma., Art. V, 17; L.P.R.A., Title 4, 11331, b. District Court judge administrators oversee 333; Administrative Director] ths Municipal Court within their district. Refer- ence Section 4.5.1.a. Quasi-Judicial Officers c. Reference Section 4.5.1.a. [Administrative Direccorl 6.1.1 SUPERIOR COURT AND DISTRICT COURT 4.6.2 Rule-making. The Shpreme Court adopts rules 6.2.1 Honorary magistrate of procedure and rules of administration for the a. The position of honorary magistrate ts es- Municipal Court. tablished by law. Honorary magistrates must have [Administrative Director] been admitted to the practice of law in Puerto Rico at least 5 years before they are nominated as State-Level Administration honorary magistrates. They cannot be employees of the Government of Puerto Rico or any of its instru- 5.1 General administrative authority. The Chief mentalities, except for the professors of the Uni- Justice is constitutionally empowered to direct the versity of Puerto Rico. The Governor appoints administration of the courts of Puerto Rico. honorary magistrates with the advice and consent Statutes further provide that he km responsible for of the Senate of Puerto Rico. the efficient operation of the parts and divisions b. Honorary magistrates may be assigned by the of the courts and for the expeditious dispatch of Chief Justice to any session or part of the Court litigation. He is sss i s ted by the Office of Court of First Instance, where they have all powers Administration. The Chief Justice may assign of a judge. judges to conduct ssss ions of the Court of First [L.P.R.A., Title 4, 1162q, 62m; Administrative Instance (Superior Court and District Court). In Director] addition, he assigns volunteer retired justices and judges to active service as special judges, desig- Judicial Discipline nates municipal judges, appoints and supervises all nonjudicial personnel for the courts,,and appoints 7.1 There is no provision for a judicial disciplin- the Administrative Director. Refereve Section ary commission. Complaints of judicial misconduct 1.5.a. or Incompetence are investigated by the Administra- [Const., Art. V, S7; L.P.R.A., Title 4, tive Director of the Office of Court Administra- 1162a-62g, 213, 301, 331, 3611 tion, whose findings and recommendations are re- 5.2 Office of Court Administration ferred to the Supreme Court. a. The Office of Court Administration is established by statute. 7.2 Authority and procedure for sanction. The Su- b. Administrative Director preme Court.has adopted a new Code of Judicial Con- (1) The position of Administrative Director duct, in force since September 1977. Supreme Court is created by the constitution. justices may be tried in the Senate of Puerto (2) The Administrative Director need not be Rico and impeached by the House of Representatives admitted to the bar, but, if he is an attorney, he of Puerto Rico for treason, bribery, other fel- may not practice law while in office.He is ap- onies, and misdemeanors involving moral turpitude. pointed by and serves at the pleasure of the Chief Judges of the Court of First Instance and justices Justice. of the peace and municipal judges may be removed (3) The Administrative Director directs by the Supreme Court. The Supreme Court may remove the Office of Court Administration. The Adminis- a judge found to be guilty of gross misconduct in trative Director and his staff assist the Chief the performance of his duties, or may censure br Justice by examining the administrative methods and suspend a judge for less serious misconduct. efficiency of the court personnel, examining the [Const., Art. III, 121, Art. V, 1111, 13; state of the dockets and the pending caseloads of L.P.R.A., Title 4, 12321 ths courts, collecting statistical and other data

,241 502 VIRGIN ISLANDS

Court of Last Resort b. The Territorial Court has no appellate jurisdiction. 1.0 There is no court of last resort in the Virgin [4 V.I.C. ii75, 76) 4.4 Judges (6) Islands. a. The Governor designates one of the judges Intermediate Appellate Court of the court to serve as presiding judge over the two judicialjdivisions of the Territorial Court. 2.0 There is no intermediate appellate court in the He serves for such term as provided by law or rules Virginislands. of the court. There are no provisions for presiding judges for the two judicial divisions of the Court of General Jurisdiction Territorial Court. b. Territorial Court judges must be members in 3.0 There is no court of general jurisdiction in good stan d ing of the Virgin Islands Bar and must the Virgin Islands. have pract ed law for at least 5 years por to homination At least 3 of the 5 years mat have Court of Limited or Special Jurisdiction been in the Virgin Islands. c. Territorial Court judges°40e appointed for 4.1 TERRITORIAL COURT OF THE VIRGIN ISLANDS. The 6-year terms by the Governor with the advice and court holds regular sessions at the times and consent of the legislature. places prescribed by the rules of the court. [4 V.I.C. 1171, 72] Special sessions may be held as required. 4.1pAdMinisteration. 4 V.I.C. 191 creates the Of- [4 V.I.C. 184) fice of Administrator of the Territorial Court. 4.2 Organization. The Territory of the Virgin a. The presiding judge over the two judicial Islands is divided into two geographical judicial divisions of the Territorial Court may exercise divisions: the division of Saint Croix, and the such authority as provided by law or by rules of division of Saintthomas-Saint-John. The division the court. There are no provisions for presiding of St. Croix i divided into two jurisdictions, judges for the twe judicial divisions of the Terri- Christiansted Fredericksted. One-half of the torial Court. judges4must resi e in each judicial division. The b. The Administrative Director of the Terri- ' Territorial Court is composed of Criminal, Civil, torial Court, appointed by the presiding judge, has Traffic, Family, Conciliation, and Small Claims a number of duties relating to the administration Divisions. The court may create such additional of the court, including the following: collecting divisioneas the public interest requires. and compiling statistical data and other informa- [4 V.I.C. 111, 71, 79) tion on the judicial work of the court and on the 4.3 Jurisdiction workload of other officers related to and serving a. the Territorial Court has exclusive original the court and publishing periodic reports with re- jurisdiction in all criminal,actions punishable by spect thereto;-dividing the docket of cases and not more than a fine of $100, or 6 months of im- assigning cases among all judges of the court with prisonment, or both; and all violations of police the advice and consent of the presiding judge; pre- and executive regulations. The court also hes paring and suhmitting to the presiding judge budget original juriidiction concurrent with the District estimates of appropriations necessary for the main-p Court in all criminal actions wherein the maximum tenance and operation of the court; and preparing sentence dov.not exceed imprisonment of 5 years and publishing an annual report on the work of the or a fine as prescribed by law. court and on the activities of the office of admin- The Territorial Court has exclusive original istrator. There are no provisions for administriv. jurisdiction in all civil actions involving not tors for the two judicial divisions of the Terri- more than $500. The court has original jurisdic- torial Court. tion concurrent with the Dietrict Court in civil c. The presiding judge of the.Territorial Court atters involving $500 to $50,000; in supervising appoints a clerk for the court who, with the ap- and administering estates and fiduciary relations; proval of the court, appoints a chief deputy clerk in appointing and sunervising guardians and trus- for each judicial division and other necessary de- tees; in hearing and determining juvenile, divorce, puties and emnloyees. There are no statUtory pro- annulment, and separation proceedings; in granting visions for assigning administrative duties to the adoptions and changes of name; in establishing clerk. paternity; in legitimizing children; and in making [4 V.I.C. 1171, 86, 93, 381) orders and decrees pertaining to the support of 4.6 Rule-making. Practice and procedure in the relations. Territorial Court are prescribed by rules adopted

503 (-) Figure 1: Virgil? Islands Court System, 1980

.11111, TIIRETOILIAL COUNT OF THS VING/N ISLANDS 616111106 Jurisdiction: - Civil actions under $50.000 (exclusive jurisdiction under $500. Di annulment adoption . suport, paternity, change of name. Administration of estate guardianship, and trustee- Court of ship. limited - Criminal cameo with prison sentence under 5 years (exclusive jurisdiction jurisdiction if sentence no more than 6 months imprieonment or fine not more than $100). Exclusive jurisdiction In violations of police and ommcutive regulations. - Juvenile matters. Ne appellate jurisdiction. / 1111.

it d

504 by the District Court, including the Federal Rules 7.2 Authority and procedure for sanction. The of Civil Procedure and the Federal Rules of Crim- Virgin Islands Commission on Judicial Disabilities inal Procedure. Subject to the approval of the has the power to retire or remove a judge of the District Court, the Territorial Court may pre- Territorial Court. The commission may undertake scribe rules for the conduct of its business con- an investigation on its own initiative or upon com- sistent with law and with the rules prescribed by plaint of any person. The commission may terminate the District Court. the investigation or order a hearing concerning the 14 V.I.C. ii34, 83) conduct or health of a judge. A hearing must be held prior to making an order affecting the tenure State-Level Administration of a judge. Such hearings are confidential unless otherwise authorized by the judge whose conduct or 5.0 There is no provision for cent al administra- health is the subject of the proceedings. The tion because the jUdiciary of the V'rgin Islands judge is entitled to 20 days notice of charges. is divided between federal and terr torial courts. He is admitted to the hearing, is represented by counsel, offers evidence in his own behalf, and Quasi-Judicial Officers confronts and cross-examines witnesses. The commission has subpoena powers and may order a judge 6.0 There are no provisions for quasi-judicial of- whose health is in issue to submit to a medical ficers for the Territorial Court. examination by a duly licensed physician designated by the commission. The commission must re- Judicial Discipline port within 90 days after the conclusion of the hearing findings of fact and make a determination 7.1 Virgin Islands Commission on Judidical Disabil- regarding the conduct or health of a judge who was ities. The Commission on Judicial Disabilities the subject of the hearing. Four members must consists of five members, all of whom must be concur in a removal or retirement order. The com- residents of the Virgin Islands and none of whom mission files an appropriate order in the District may be serving in any capacity in any court in the Court, giving notice on or before the date the Virgin Islands except as attorneys. The Governor order is filed to the judge, the presiding judge of the Virgin Islands and the president of the of the Territorial Court, and the Governor of the legislature each appoints 2 members for 4-year Virgin Islands. A judge aggrieved by a commission terms. -The Board of Governors of the Virgin Is- order filed with the District Court may within 20 lands Bar Association appoints one of its members days petition the District Court to review the who has been actively engaged in the practice of order. The District Court reviews the proceedings law in the Virgin Islands for at least 5 of the 10 giving rise to the order and affirms the order, years before his appointment to the commission to reverses the order, or remands the cause to the serve a 1-year term. commission for further proceedings. Determination 14 V.I.C. 11652, 653) by the District Court is final and conclusive: 14 V.I.C. IUN, 657, 658, 6591

5 2 -1 505 Appendix A: State Court Administrators

0..Jr- ,-) .- Appendix A

The following individuals and their staff were consulted by the taff of the National CouFt Statistics Project concerning the accuracy and completeness of the data that appears in each table and the narrative profile for their respective tate included in this report.

Alabama Illinois 1.apley Honorable Roy 0. Gulley Adsinisteitive Director of Director, Administrative Office the Courts of the Courts

Alaska Indiana Arthur H. Snowden-II Bruce A. Kotzan Adainistrative Director, State Court Administrator Alaska Court Systes Iowa Arizona William J. O'Brien Noel K. Ussaint State Court Administrator Adainistrative Director of the Courts Kangas Howard P. Schwartz Arkansas Judlcial Adminietrator James Guy Petty Executive Secretary, Arkansas Kentucky Judicial Department Charles D. Cole Director, Administrative California Office of the Courts

Adainistrative Director of the Louisiana Courts and Secretary of the Eugene J. Murret Judicial Council Judicial Administrator

Colorado Maine Jane. D. Thomas John P. Duffy State Court Adinistrator, State Court Administrator Judicial Department Maryland Connecticut William H. Adkins II Honorable John A. Speziale State Court Administrator Justice, Chief Court Administrator Massachusetts Delaware Honorable Arthur M. Mason John R. Fisher Chief Administrative Justice Director, Adainistrative Office of the Trial Court of the Courts Michigan Florida Einar Bohlin Donald D. Conn State Court Adminietrator State Courts Administrator Minnesota Geor ia Laurence C. Harmon Robert L. Doss State Court Administrator Director, Adainistrative Officio. of the Courts Mississippi Honorable Martin R. McLendon Hawaii Executive Assistant Looter Earl Cingcade Adainistrative Director of Missouri the Courts James M. Parkison State Courts Administrator Idaho Carl F. Bianchi Montana Adainistrative Director Michael Abley of the Courts State Court Administrator

t"; ) !* 508 Nebraska South Dakota Joseph C. Steele Mark G. Geddes State Court Administrator State Court Administrator

Nevada Tennessee Harold E. Newpher Cletus W. McWilliams Director, Administrative Office Executive Secretary of the Courts Texas New Hampshire C. Raymond Judice Jeffrey W. Leidinger Administrative Director of the Courts Director of Administrative Services Utah New Jersey Richard V. Peay Robert D. Lipscher Court Administrator Director, Administrative Office of the Courts Vermont Michael K. Krell New Mexico Court Administrator Edward J. Baca Director, Administrative Office Virginia of the Courts Robert N. Baldwin Executive Secretary New York Honorable Herbert B. Evans Washington Chief Administrative Judge Howard Stanton Primer Administrator for the Courts North Carolina Bert M. Montague West Virginia Director, Administrative Office Paul Crabtree of the Courts Administrative Director of the Courts

North Dakota Wisconsin William G. Bohn- J. Denis Moran State Court Administrator Director of State Courts

Ohio Wyoming Colt H. Gilbert Theodore J. Fetter Administrative Director of the Courts State Court Administrator

Oklahoma American Samoa Marvin C. Emerson Honorable Richard I. Miyamoto Administrative Director of the Courts Chief Justice, High Court of American Samoa

Oregon District of Columbia Honorable Loren D. Hicks Larry P. Polansky State Court Administrator Executive Officer

Penns lvania Guam Honorable Alexander F. Barbieri Robert E. Leon Guerrero Court Administrator Administrative Director of the Courts

Rhode Island Puerto Rico Walter J. Kane Eulalio A. Torres State Court Administrator 'Administrative Director of the Court

South Carolina Virgin Islands L. Edmund Atwater III Honore Verne A. Hodge Director, South Carolina Presiding dge 4 Court Adinistration

(51) 7 5 4e Appendix B: Data Collection Instruments 1980 STATE COURT ORGANIZATION SURVEY

A JOINT EFFORT OF:

CONFERENCE OF NATIONAL CENTER FOR STATE COURT-ADMINISTRATORS STATE COURTS

NATIONAL COURT STATISTICS PROJECT, 300 NEWPORT AVE NUE, WILLIAMSBURG, VA. 23185

:5 2 0 Form Approved: O.N.D. No. 043-0000 ETATS COURT OSGAMIZATIOS SUNSET

The State Court Organisation Survey is being conducted by the National Court Statistics Project, project of the ational Center for State Court*, in cooperation with state courts as represented by the Conference of State Court Administrators (MCA). Through this cooperative effort to develop a reliable reference source about our judicial system, the State Court Organization Survey is gathering data on personnel, financial, and organisational characteristics of each state's judicial and administrative system.

This request is authorised by the Justice System Improvement Act of 1979 (F.L. 96-157, 93 Stat. 1167, 42 United States Code 3701). While you are not legally required to respond, your cooperation is needed to make the results of this survey comprehensive, accurate, and timely.

Because the scope of the State Court Organisation Survey is very broad and the result of this study vill be far reaching, a careful explanation of some of the areas on the questionnaire is provided below:

- -Year of Data: It is vital that the State Court Organization Survey collect and further disseminate the most current data. Therefore, the reference date for this survey and our preferred date is January 1, 1980. If the preferred date is not used in reporting the requested data, please footnote the data you are providing and give the date on page 13.

--Footnotes: If the space provided in the questionnaire does not allow you to adequately describe your data or to comment on the data, please footnote the particular question (start with, A and use alphabetical order) and place your comments, cross-referenced to the footnote, on page 11 of the questionnaire. If additional space is needed, please use additional sheets.

- -Comparability: It must be remembered that comparability is an important factor in this st y. To meet this need, please remember that data mwst be consistent througho the entire questionnaire. Please maintain the same date of reference, the ,ame number of courts, and answer all questions according to the directions provided. Any deviati\on should be clearly explained in your footnotes.

Data that are printed on the first line for each question represent an of ths data that should be placed in each cell. These data are strictly hypothetical.

--Direct Current: Direct current expenditures include salaries, wages, fees, and commissions; and purchase of supplies, materials, and contractual services.

- -Frin e Benefits: (Contributions for Employee Benefits)--Any employer contributions to the Federal SocialSecurity program, state and local retirement systems, commercial or mutual life insurance plans, workmen's compensation funds; and premiums paid for health, hospital, disability, and other insurance programa. Exclude payments made directly to individuals and contributions made by employees to any of the above programs.

1 ) Page II

--Capital Outlay: The following categories should be included in your capital outlay sxpenditure, data:

A. Construction: Production of fixed works and structures, and additions, replacements, and major alterations thereto, undertaken by the employees of the government either on a contract basis by private contractors or through force account construction. Included are the planning and designing of specific projects; the grading, landscaping, and other site improvement; and the provision of equipment and facilities that are integral parts of the structure.

B. iquIpmeet: Purchase and installation of apparatus, furnishings, office equipment, motor vehicles, and the like having an expected life of more than 5 years. This includes both additional equipment and replacements. Rentals for equipment, including rental payments that may be credited og the purchase price if purchase options are exercised, are classified as direct current expenditure. liquipment and facilities that are integral parts of constructed or purchased structures are classified respectively under construction (see A) or purchase of land and existing structures (see C).

C. Purchase of Purchase of these assets as such, purchase of right-of-way, the cost of a Lamd amd title search, and similar activities associated with purchase transactions. RxIstImg Structures:

We realise your time is very limited and your schedule is very busy.It is of the utmost importance, however, that ve receive your response to this questionnaire within the next three (3) weeks. Attached you vill find a self add d, stamped envelope for your convenience to mail your response. Iryou wish to have another copy of this questionnaire, please telephone and a copy will be mailed to you.

The data from these questionnaires will be compiled and published as the 1980 State court Organization Survey.We will send you the published document as soon as itis available.

If you have any questions or desire clarification on any aspect of this questionnaire, please call Robert Zastany or Joyce White at 804-253-2000. Thank you for your time and cooperation. Page 1 PART 1: COURT PERSONNEL

1. Authorized Judgeships 2. Retired Judges

Court Type Pull-Time Part-Time Pull-Time Part-Time Within ' Level of Court Total Total Total Total Total Total Total I. How,many full-time and part-time judge- ' Total ships are authorized for courts of AuthorizedUtilizedAuthorizedUtilized AvailableUtilizedAvailableUtilized appe l late ,I-TetetTrari,d special or limited jurisdiction in your tate? Eadomple: District Court 241 237 15 7 7 3 2 0 (As of January 1, 1980) 1 Rote: Veirify the name of each Appellate:

, type of court within each _ . level of court.

General:

2. How many fulI-tijr and part-time _ tetired judges #erved on courts of appellate, gene 1, and special or - limited jurisdiction in your state? . . fllwring calends year 1979) Special/Limited: \ Mote: Comet each retired jhdme - mice La hie-iit71;WF primary assigued court. - -

- .

.1,

, - --..

( _ / os

Jr0 3 5 '3 I ,/

Page 2 3A. In the columns below please indicate theinumbar of "full-time equivalent" (FTR) personnel in courts of last resort and in intermediate appellate courts for each of the positions listed. (As of January 1, 1980)

Rote: 1) Retired judges should met.be counted or displayed for this questioa. 2) Do ant comet Administrng Office of the Courts/Judicial Council Staff; refer to Question Ember 5. 3) A full-tins equividest is sue person at 1002, two persons at 502, three persoes st 33 1/32, etc.

_ 8 TYPEOPPOSITION 4. Judicial Support Office of the Clerk

_ ; Legal Staff FPS

VTR FTR ?TS Other Court , Commie- Court Assigned to FTR PIPIOPeos* FPI rrr Court Type sinners Reporters. Individual FTE . Secretar- Paid b7 the Clerk of Secretar - Within end Other (editors Judges (not Central ies and Court (i.e., Court and,ies and Level Total Quasi- of opin- counted in Staff Other bailiff, Prof..- 'Other of FYI ?TR Judicial ions) central Clerical mershall, sional' Clerical Court Personnel Judges Personnel staff) Staff etc.) Staff Staff Smoep/e: Supreme cmirt 44 7 0 2 7 3 7 10 2 e Court(s) of Last Resort:

_ -

. o Intermediate Appellate Court(s):

I . *

- - - _ / \ *Please Specify Type of Posi- tion of Other Court Employees:

(Question No. 1 tontinued on next page)

6 Jr (Question No. 3 continued) Page 3

31. In the columns below please indicate the number of "full-time equivalent" (FTE) personnel in general, and inspeciel or limited jurisdiction courts for each of the positions listed. (AA of January I, 1980)

Note: 1) Retired jedipas Should sot be counted or displayed for this pasties. 2) Do sot count AdninistiMire Offite or the Courts/Judicial Council Staff; refer to Question linnber 5. 3) A full-time equivalest is one person at 1002, two persons at 502, three persons at 33 1/32, etc.

/ \ TYPE OF POSITION

Judicial Support Office of the Clerk . 1 Legal Staff FTE

, Other Court FTE FTE Employees* Assigned to YU Paid by the FTS FTE . TriAl Court Court Type Adisinistra- FTE Individual FTE Secretar- Court (i.e., Clerk of Secretor- Within tors and Court Judges (not Central ies and bailiff, pre-Court(s) ies and Other Level Total FTE Their Pro- Reporterscounted in Staff Other trial/pro- and Pro- Clerical of FTC Judges fessional central Clerical bation per- fessional Staff Court Personnel Staff staff) Staff vices, etc.) Staff , . &le: District 517 70 17 44 17 5 107 52 64 141 A Court i I as P General: - - -

Special/Limited: - , , - - - , -

- / - - - - i .7 *Please Specify Type of Posi- tion of Other Court Inployees:

t_f tl 5a8 Page 4

Number of Officers Court Type Within Title of Level of Court Officer Full-Time Part-Time r , Ermple: District Court Master 17 3 . 4. Please indicate the titles of officers, number of Appellate: officers, and courts served by commissioners, asters, referees, registers, magistrates, registers of probete, and/or other types of quasi-judiciml officers (i.e., those who serve regularly in an authorized quasi-judicial capacity). (As of January 1, 19NO)

General: N ote: If an officer serves more than one court type, count that iadividual only once in the court of his/ber primary assignment.

Speciml/Limited:

roi Page 5

0 AOC/SCA PART II: STATELEVEL ADMINISTRATIVE OFFICES (Please check box for which data are given.) 0 JUDICIAL COUNCIL

by and working in your administrative 5. Please give the number of full-time equivalent (VTS) professional personnel employed office (as of January 1, 19410) in each of the following types of positions. (Do not include clerical/secretarial staff.)

nett: I) Display pereemmel by pumas* of time each speedo in every job function. Tor example: 1 V11 professional could divide his/her time as fellows: .50 Statistical Compilation, .25 Sesoarch, .10 JPC/Plamniog, mod .15 Ovalaatiom. display the sem by that function. Tor example: 2) If more them ome perms perform a fmsctiom, add together the seamenta of their time amd 3 PT, profeesiomale each performing statistical compilatios for .25 of their time wouldequal .75. Theis, .75 mould he placed is the space pausal's to statistical compilatiom.

Professionals by Function

Public Infor- motion and Planning and Rind Information Finance and Education and Personnel Liaison Research of Management Systems Court Support Budget Training Services Activities Activities Activity Activities Activities Services Activities Activities

Supervision Supervision Supervision Supervision SupervisionSupervision Supervision SCA Statistical Deputy SCA Systems Probation Payroll Education Personnel Legislative, compilation analysis coordinationAccounting Training systems executive, r ProgrammingCourt re- Audit Library Office public, and JPC/plan- media infor- nine U Computer porting Budgeting Publications management nation Research N operations Trial court Purchasing Legislative Evaluation C Records administra- liaison Statistical T management tor(s) Executive analysis I Forme Court coor- liaison Legal 0 development dination services N Field _Other court representa- services Legislative s drafting tive(s) Facilities management

TOTAL Total Total Total Professional Total Total Total Total Total -- Staff: \

1 rA0 JAc.. 541 Fags 6

6. A What was the total of direct current operating expenditures unt of Direct for the state-level administrative office for the last com- Current pleted fiscal year? Fleas. include federal funds that were Expenditures a part of your direct current operating expenditures.

Note: !greet current spersting espeeditures imcleded bore should be salaries, mess, fees, com- mleeiama, purchase of supplies, materials, amd contractual services. N. mot imclude capital outlay or employee triage benefits; also empe &digitises at the begimmiag of the Questioessire. Fringe Benefit B. What was the total expenditure for employee fringe benefits Expenditures for the state-level oMministrative office for the same fiscal year as used in Question No. 6,0

Note: Please isclude the triage benefit portion of federal funds that were a part of direct currest operating expeeditures.

C. What use the total expenditure for the state-level admin- 1.4 AMOUNT istrative office for the last completed fiscal year?

Mote: The total expenditure should isclude the coot of sties of the state-level ad - Check nisistrat v. etrmee mmd the cost of 2!2- One rams admimistered by the state-lever-- For which period was that expended? samisistrative office (these ere defised is mere detail im *notice No. 7). FY July 1,1978. to June 30, 1979 Or FY Oct, 1, 1978 to Sept. 30, 1979 0 or CY Jan. 1, 1978 to Dec. 31, 1979

Other to 1979

D. If itis not possible to segregate the expenditure for E. Specify which agencies or services other than the state-level administrative office from an aggregate UNTIAGGREGATE AND those of the state-level administrative office amount expended for eeeeee 1 agencies, please give the AND that were covered by the expenditure: aggregate amount.

3r A4 ti" Page 7

administra- 7. Please indicate the source(s) of total expenditures (state, federal government, and other) for the state-level tive office for the last completed fiscal year and the relative contribution of each source to the total.

Mete: Perceetages displayed below ibeeld oerrespoed with actual ezpeediture mmoests reported I. Nestles No. 6.

N Total Funding for State-Level Administrative Office

Percent of Expenditure Contributed by*: Operational and Paso-Through Fiscal Components Federal Other State Government (specify)** Total

Operation of the State-Level Administrative Office.

(State court administrator exerts routine 2 2 2 1002 day-to-day operational control, e.g., fiscal and other staff personnel, facilities/maintenance, equipment/supplies/ forma.)

Provemo administered by the State-Level Administrative Office. - (State court administrator acts as 4 2 2 2 1002 funding vehicle or pass-through for support funds, e.g., Judicial salaries, educational/training, pretrial delay, special equipment grants, management . infolmation systems.)

*Use actual data. If actual data are mot available, please **Other eourceiar (specify): give estbrites end specify Aid, fieures are estbritea.

5 4 co a 0 , 43

Page 8 8A. Which of the following functions does the stste- 811. For which courtlevels does the state-level administrative level administrative office actually PIRFORNt office perform thisfunction? Check appropriateboxes in Check appropriate boxes below. the column(s) below. N/A Not applicable.

IF Court(s) Intermediate Court(s) of Court(s) of Special All .of Last Appellate General or Limited Courts f Resort Court(s) Jurisdiction Jurisdiction

1. 0 Makes appearances before legislative committees dealing 0 0 0 0 with court-related legislation. 0 ' 0 2. 0Obtains sponsors for legislation relating to courts. 0 . 0 0 0 0 3. 0 Represent& the judiciary 'before agencies. of the executive , 0 0 0 branch. 0 0

4. 0Makes recommendations to the Court of Last Resort with 0 0 0 0 0 respect to the creation or dissolution of judgeships.

5. 0owesrecommendations to the Court of Last Resort with 0 0 0 0 Aspect to the assignment of judges. 0

.6. 0Nominates trial,court administrators for selection by N/A N/A N/A 0 0 trial courts.

7. 0Is responsible for records mansgement systems. 0 0 0 0 0 8. 0Is responsible for managing data processing. 0 0 0 0 0 9. 0Is responsible for forms design. 0 0 0 0 0 10. 0Is responsible for managing information systems. 0 0 0 0 0 11. 'El Istablishesrecords fo l. automated administrative systems. [::] 0 0 0 12. 0Is responsible for budgeting financial requirements of 0 0 0 g 0 state information systMlid.

0Is responsible for statewide inventory control of 0 0 facilities/equipment. r 4 ( I .2)

4 - 41' I

Page 10 A. (Continued) SD. (Continued) Which of the following functions does the state - For which court levels does the state-level administrative level administrative office.actually ?INFORM? office perform this function?Check appropriate boxes in Check apptop4ate boxes below. the column(s) below.

Court(s) Intermediate Court(s) of Court(s) of Special

All of Last Appellate G 1 or Limited

Courts . Resort Court(s) Jurisdiction Jurisdiction

23. 0 Conducts audit of judicial expenditures. o 0 0 0 0 24. 0 Requires accounting and 64Mget reports from the courts. o o 0 0 0 25. 0 Approves requisitions for capital equipment/construction. o o 0 0 o 26. 0 Determines compensation for nonjudicialcourt personnel. o o 0 0 0 27: 0 Establishes qualifications for nonjudicial court personnel. o o 0 0 0 28. 0 Is respolpitie for judicial training programs and seminars. o 0 0 0 0 29. 0 Is responsible for nonjudic4a1 training programs and o 0 0 0 0 seminars.

30. 0 I. responsible for managing irate law libraries. o 0 0 0 0 31.- 0 Assipts court(s) in exercife of its rule=sakingefunction. o 0 0 0 0 32. 0 Disaestmates inhumation-an court operation. to thm media 0 0 0 0 o , and public. . 4

13. 0 Disseminates informatiow'on court decisions to the media o 0 0 0 o and public. . . 14. I. responsible for court pLanni,6 and grant nsnagenent. 0 0 0 o 35. Collects/analyses/publisbes court"saaeload statistics. o o o o 0 36. -0 Requires'caseloai rts fro* the courts. o o 0 0 0 37. 131Collectsstatistics-on expenditures of state. O 0 0 0 0 * p-

t Page 9 SA.(Cont inued) Si.(Cont inued) Which of the following functions does the state- For which courtlevels does the state-level administrative level administrative office actually PERFORM? office performthis function? Check appropriateboles in Check appropriate boxes below. 1 the column() below. N/A-Not applicable.

Court (s) Intermediate Court(s) of Conrt(s) of Special All of Last Appellate C 1 or Limited Courts Resort Court(s) Jurisdict ion Ju diction

14. Provides secretariat services to: 0 0 0 /1 0a) Judicial Council. 0 0 0 0 0b) Judicial Nominating Commission. 0 0 0 0 0c) Judicial Disciplinary Commission. 0 0 0 0 0 0d) Judicial Tenure Commission. 0 0 0 0 0 0e) Judicial Compensation Commission. 0 0' 0 0 0

LA 0 f) Other.(Specify: ). 0 Is.) 0 0 0 0 IP 15. 0Researches court org aaiaa tion and function. 0 0 0 0 0 16. 0Supplies reports and documents to the legislature as 0 0 required. 't MP 17.0Provides technical assistance to court jurisdictions. N/A N/A El 0. 0 18. 0Manages physical facilities for courts. 0 0 0 0 0 19. 0Supervises probation s2rvices. 0 0 0 0 0 20.0Supervies court reporter aaaa ices. 0 0 0 0 0 21. 0Isresponsible for managing indigentdefense. 0 ,. o o o o 2.0Preparesbudgetfor ubmissionto the CourtofLast 0 0 0 0 Resort. '1 0

...., ,.

.0 L___ Page 11

A. Which of the followine accurately describes the relationship between the state judicial and executive branches relevant to fiscal administration?CRiCK APPROPRIATI OMB.

1. Judicial branch has 0 limited 0 total authority for statewide judicial fiscal administration.

2. Judicial b'ranch 0 sets itsems0 follows the executive breech's fiscal administrative procedures; if it sets its own,

they are 0 similarto0 different from those of the executive branch.

3. Judicial branch 0 ets itsems0 follows the executive bramch's 0uses independeet statelevel egemcy or service bureau

that 'services all breaches' (judicial, emseetive, sod legislative) purchasing procedures; if it sets its own, they are

0 similarto0 differemt from those of the executive branch.

4. Does the judicial branch process all major (more than $5,000 or ) purchases through the state purchasing offices?

0 TES 0 NO If yes, it does so memdatorily0volumterily.

5. Judicial branch 0 mmimtaims itsomm0uses the executive breach's inventory control system and procedures. U. 6. Judicial branch 0 maintains itsown payroll and personnel records and procedures.

Ouses executive brench's payroll procedures, but maintains its own payroll end personnel records.

Ouses executive branch's payroll procedures and personnel system.

Ouses independent statelevel agency or service bureau that services all branches (judicial, executive, and legislative).

7. Jedicial bra-.ch 0 maintains itsomm occounting system.

O loses executive branch's accountingsystem, but is not subject to executive controls and procedures.

O hasam mccosetieg system that is integrated with an executive systee,

)57,1 5" (Question No. 9 continued) Page 12

911. Which of the following accurately describes the relationship among the state judicial, executive, and legislative branches relevant to fiscal admin. ion? CHECK APPROPRIATE BOXES.

I. Executive branch must approve transfer of funds across budget categories. 0 TES 0 NO

2. Executive branch must approve all payable vouchers. 0 TIN 0 No

3. Executive branch must approve 0 all purchases.

0all purchases above $

0does not approve purchases.

4. Executive branch 0 performs 0 prescribes pre-audit procedures.

5. Executive branch performs 0 prescribes i n 1 audit procedures.

6. Legislative branch perforum post-audit of judiciary. 0 YES 0 NO

7. State budget statutes ttttt judicial branch the same as "one of many" executive branch agencies. 0 NO

S. State budget statutes ttttt judicial branch budget separately and co-equal to executive branch budget. 0 YES 0 NO

S. State budget statutes ttttt judicial branch budget sep ly and not equal to executive branch budget. 0 YES 0 NO r Page 13

This area is provided for footnotes and general comments.

Footnote Footnote (letter) (letter) L. (refer to page 1)Comments: Consents:

.. -

1 558 CHECKLIST FOR.REVIEWING STATE NARRATIVE PROFILES

When reviewing the profile of your state's court system,please make changes and additions directly on the profile. Make certain the profile displays information that is current (1980) and giveparticular attention to the following areas:

1. STATE-LEVE1 ADMINISTRATIVE OFFICE ORGANIZATION CHART Please enclose a chart displaying your currentstate-level Administrative Office structure. A hypothetical example is attached (Example A). If a published version is not available, please attach a draft copy.

2. COURT_SYSTEM ADMINISTRATIVE STRUCTURE CHART Please enclose a diagram reflecting your current court system administrative organization. Attached is a hypothetical example (Example 15). Make certain that the entire administrative structure is displayed.

Please update (with 1980 3. COURT SYSTEM ORGANIZATIONAL CHART. information) the attached 1977 judicial organization chart. Are the names of the courts accurate as shown? Are there any courts in existence that are notincluded on the - -- chart? \ _ Are there courts on the chart that are nolonger in existence' I. the jurisdiction listed for each court correctand complete?

the sections 4. PROFILE. Please refer to the attached outline to locate to be checked.

a. Court terms. Sections 1.1, 2.1, 3.1, and 4.1 Is information concerning the number of terms andlength of terms present for all courts?

b. Geographical jurisdiction. Sections 2.2, 3.2, and 4.2 In all courts except the court of last resort,the geographic jurisdiction of the court should be included in the section on organization. 1

c. Specialized divisions. Sections 3.2 and 4.2. Are there any specialized divisions of the courtthat are not mentioned?

d. Jurisdiction. Sections 3.4, 4.4 __Has juvenile jurisdiction been adequatelycovered' S. Judges. Sections 1.4, 2.4, 3.4, 4.4 Check the number of judges for all courts. This should be the number of judges authorized. In the general jurisdiction section (Section3.4.a), there should be a statement that indicates whether or notthere is chief judge over all the distmicts or circuitsin the state as well as a statement concerningwhether or not there is a presiding judge for each district or circuit. Please check to make certain we have interpretedthis situation correctly for your state. This distinction should also he made in the section on the administrative duties of the chiefjudge and presiding judges (Section 3.5.a). (The areas served by the chief judge and presiding judges should bemade clear for all courts.) r

(OVER)

sev () If the juscices and judges are elected, is the election process adequately described? (Sections 1.4.c, 2.4.c, 3.4.c, nd 4.4.c) Please indicate if the election is a retention election held after the vacancy has been filled by gubernatorial appointment: If new iustices are elected, is there a primary? --- f. Administrative sections. Sections 1.5, 2.5, 3.5, and 4.5 Please check the duties listed for chief judges, administrators, and clerks and add any administrative or supervisory duties that do not appear. In the general jurisdiction section (Section 3.5.b), a distinction should be made as to whether the trial court administrator serves over all the districts or circuits in the state or if each district or circuit has its own trial court administrator. The daties for each type of administrator should be listed. (The area served by every type of administrator should be clear for all courts.) Please clarify whether the, clerk of cdurt supervises or carries out the duties chat are listed, some of which appear to be clerical. (Clarify for all courts.)

g. Name of statelevel administrative office. Section 5.2 Is the name shown the exact name of the office in your state? Please supply the authorization (cite specific statute, constitutional provision, or court rule) for the office if ic is missing (Section 5.2.a).

h. Director. _Section 5.2.b Is the title shown the exact title of the administrator? Please supply the authoTITWE'ion (cite statute, constitution,) etc.) for the position if ic is missing (Section 5.2.b.[1]).

1. Office Organization. Section 5.2.c Have support services been adequately explained?

5. GENERAL. The entire profile should be checked for the following:

a. Accuracy of material Is the information about courts in your state accurate and complete according to the outline?

b. Citations Are the citations accurate? Are titles of documents or portions of titles expressed coruectly?

6. TAILORED QUESTIONNAIRE. Each state is being requested to address specific issues relating to its profile. We need this information to complete cne narrative portion. Fill in the itemized missing data. Please examine each specific question carefully and respond in the space provided.

529 ENKE Aa _SIAMAIEVELAMMINISTRATIW OFFICEOf THE COURTS (HYPOTHETICAL EXAMPLE)

/ fiv

Deputy

-Ilk Planning Personnel "Walt Information; Couri Support Finance and Education and Research inirirnatiOn Systeme', and Training Officer and Liaison Officer Services Officer Budget Officer Officer Officer Officer

yr` --Sratisttce- --Educitiow --Parinantl --Legfelstler.lreautive. --Payroll --JPC/Plannin --Systene Analysis' - -Probation' : Public asd Media In- --Accounting -7Training Syatesw --Court Report- .., . R h --Programming ,!., fOimation --Audit . -Cereputer Opera- ing --Legidlative Ihkadson V [toed --Trial Court --Sudgeting --Purchasing .4 --Records Manage-% Adninietra COCO ' ment ,

1 Mote: In-smaller litotes eeeee function. may be combined within one person% mar. malf or nay net be deputy.

, 1 II t, 1

State Court Organizatioa Verification Table: State of:

Table 1: Justices of courts of last resort - -name of court, number of authorized justices, term, and,salary.

Number of Method of selection Salary of Name of court authorized of justices Term justices (other justices (other than Chief Jusitice) of justices than Chief ,Justice)

Tab1e,2: Chief Justites of courts of last resort - -title, method of selection,.-term, and salary.

, Title Methodorselection Term,is Chief Salary Justice

Table 3: Judges of intermediate appellate courts -maee of court, number of cdurt districts, number of n authorized justices, terli, and salary.

Number Number of Method Name of court of court authorized of Terme Salary districts judges Selection

Table 4: Judges of Courts of general jurisdiction- -name of court, number of courts, number of autborized judges, term, and salary.

Ntimber Number of Number Name of court of authorized of Terms Salary courts justices Counties

Table 50-4pdges of courts of limited or Special juriediction--neme of court,-number of courts, number of eutborised judges, term, and alary.

Number Number of Name of court of authorized Terms Salary yurtS justices (in years)

-4 Table 16:Jurisdiction of trial courtadv-name, amber, and georraphicboundaries of courts; number of judges; and areas.of substantive jurisdiction. Substantive jurisdiction Civil Criminal Appellate

Traffic Juvenile

;able 17:Jurisdiction over appeals in trial courts. Type ofNappeal and court of origin Courts of general jurisdiction, De novo De novo on record On record

GE_

Table 6: Qualifications of appellate justices endJudges. required by constitution, statute, or court rule. Note: This table lists only qualifications 4 ''' 4 . 1- Admitted Minimum , 'oYfelregal ' residence in Minimum U.S. :' Lt43, .tostate age experience citiienship degree . bar State District

:.4, 4;,,,, . '''' Table 7:Qualifications of general-Jurisdiction, Judges. ,. 41, . . ' constitutio;t,' statute, cOurt,rule.- NO:11: This tablelists' only qualificatione required by ° t. . IWars ,, Admitted Minimum .:' .. Mfnimum ., -oi legal1 -- L'aw td.state residence in 11.Sw ; "experience-, -4 eitizenshcp degree bar State District age

Table 8:Qualifica4tiOus of udges of Limited and sptcial jurIediction zeurts. This table lists only qualifications required, by constitution,- statute,or court rmle.

,-. Minimum . Years,. Admitted -. of legal, M.S. Law to_state residence irr ! Minieum .. exper,ience: citleenehip degree bar State ` District age,

532 " "-) J Table 10: Judicial election.

Method of initial selectio s, State or Popular election Appointment other Method of jurisdiction By filling by court legislature interim Non- or, municipal By By Merit judicial Partisan partisan body judAe executive plan vacancies

Table 11: Description of merit plans.

Plan used e Type of retentionV Legal Year for appointments Number election base of estab- of a plan lished Initial Interim nominees On record Partisan Nonpartisan mw

Table 24: State court administrators.

NOTE: The qualifications listed below are those required by constitutional, statute, or court rule.

Qualifications for state court administrator

Prior Administrators' Education experience Appointing authority annual salary

Table 29: Judicial councils and conferences.

Name Authority Purpose

Table 18: Employees of appellate courts.

NOTE: All figures represent full-time employees or full-time equivalents.

Judicial kdminietrative

Commissioners Clerk of Legal Secretaries Name and other Cburt staff" Reporters and other of quasi-Judicial and of support court Total Judges personnel .staff decision staff Other s

Vqs,

n Table 19: Employees of general Jurisdiction courts.

NOTE: All figures represent full-time employees or full-time equivalents.

Judicial Administrative

Name of 0 lJ court 0 0

Table 20: Low clerks for courts of last resort.

Number Selected by Replacements

Individual Law Discretionary Salary Serving Authorized Court judge Degree Annual

_JP

534

I i

aik Appendix C: Glossary

* at a 5 ft: 8

, i ,. n Glossary

Terms defined below are used in this document Committee. Funding for the devel9pment of the to describe,court employees and types of courts. dictionary and its subsequent pubtication in July, More extensilie definitions of the terms starred (*) 1980. was provided by the Bureau of Justice Statis- below and definitions of caseload terms may be tics. U.S. Depa tment of Justice.Other defini-' founcipin the State Court Model Statistical Diction- tions were modi ied from definitions contained in la. compiled by the National Court Statistics Pro- the National Sur y of Court Organization. produced ject (NCSF). National Center for State Courts and by the Law Enforc nt Assistance Administration the Conference of State Court Administrators--NCSP in 1973.

Appellate Court A court, the primary function Full-time Equivalent (FTE) - The total number of which is to review judgments of trial of employees working full-time that would courts and administrative agencies (or be needed to accomplish the amount of in the case of a court of last resort, work that is done. ThiS-figure is calcu- also to review decisions of an intermed- lated by dividing the total number of iate appellate court. hours worked by all employees year by the number of sours in tht stan- Court - A unit of the judicial branch of gov- dard agency work Oar. This definition ernment. authorized or established by is not related to other,definitions of construction or statute. which has the FTE that are based on the portion of the legal authority to decide cases or con- average full'time agency salary paid to troversies brought before it. each employee.

Court of General Jurisdiction A trial court Intermediate Appellate'Court - An appellate that has original jurisdiction over all court that hears appeali from trialo subject matter or persons within its geo- courts and administrative agenoies.as graphical limits except those that may specified by state liw or at the diicre- be assigned by law to a limited or spec- tion of the court of last resort. , ial jurisdiction court. Judicial District or Circuit - One of the ieo- Court of Last Resort An appellate court that graphic areas into which a state is coMr has final jurisdiction over appeals with- moray divided for jddicial purposes. It in the tate. may include Part or all of one, two or Tore counties having separate court Court of Limited or Special Jurisdiction A locations and presided over by the same trial court that has legal jurisdiction judge or judges. over only the'apecific subject matter or persons assigned by law or statute to State Court A court established or authoriitd that court. under the constitution Or laws of a state and concerned primarily with the judicial Court System - A judicial agency established or administration of itate -and local govero7 "authorized by constitutional,or statutory ment'law. law. A court system may consist of a \ single court or a group of two or more Trial Court - A coorti'the primary functioh of courts. which is to decide cssAi.

Trial De Novo A trial in which'in appeal from a trial court is heard id the paye'or another, trial court as a completely hew hearing of the case.

537

z U.S. DEPARTMENT OF JUSTICE Bureau of Justice Statistics

USSR VALUATION State Court Organization, 1980 NCJ-76711, C-8

Dear Reader:,

:. User participation ie needed to impreve and expand future editions ofthis volume. We -have provided,this form for whatever opinions you wish toexpress about it. Please cut out both of:theie pages', staple them together on one corner, and foldso that the Bureau pf Justice Stitistics'address appears on the outside. After folding, use tape

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, 2. Does this volume contain ihformation on particular tOpica-thatare of particular 7 intetest to you? What topice are th'ey?

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Organization, 1980? 6. In what capacity did you use State Court ,

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employee, please indicate the level of 7. If you used this volume as a government government.

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please indicate the type of court 8. If you used this volume as a court employee, or office.

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A NCJ -76711 C-8

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If you wish to receive copies of any of the Bureau oflustice Statistics Reports listedon the reverse side. please list them below Applications of the National CrIms State and Local Probation and Piro!' Sysiems, Bureau of Justice Statistics Reportsfumy Victimisation and Attituda Data: NCJ-41335 Public Opinion about Crime The Attitudes Slate and Local Prosecution and Civil Attormiy Single copies are availaiii al no charge from Me Systems, NCJ-41334 of Victims and NOnviCtims in Selected Na 'lanai Criminal Melte ONferenco Service, Box National Survey of Court Organisation . IMO, Backe, Ile, MIL 20950. Multi, la copies ari for Cities NCJ-41336 Local Victim Surveys A Review of the 1977 Supplement to State Judicial Systems mile by Ms Superiniendent of Documents, U S. NCJ-40022 Government Printine Office, Washington, 0 C Issues NCJ-39973 *The Police and Public Opinion An Analysis *1975 Supplement to State Judicial Systems 20402. of Victimization and Attitude Data from NCJ 29433 1971 (full report) NCJ-11427 National Crime Survey' 13 Anierican Cities NCJ-42018 Criminal VicandasSon in Ihe United Slabs An introduction to the National Crime State Court Model Statistical Dictionary, Bumpy, NCJ-43732 NCJ-6 2320 (annual) State Court Caseload Statistics* Summary Findings of 1976-79 Changes in Compensating Victims of Violent Crime The State of the Art NCJ-46934 Crum" and of Trends Since 1973 NCJ- Potential Costs and Coverage of a National Program NCJ-43397 Annual Report 1975 NCJ 51885 62993 Annual Report 1976 NCJ 56599 1978 Rape Victimization in 21 American Cities. A Description of TrendS from 1973 to A Cross-City Comparison of Felony Case NCJ-55678 NCJ-66716 Processing, NCJ 55171 1476 (final report) NCJ-66480 Crirne Against Persons in Urban, Suburban, 1977 NCJ-58725 and Rural Areas A Comparative Analysis pf 1976 NCJ-49543 Victimization Rates NCJ-53551 1975 NCJ-44593 Criminal Victimization in thaw Schools. Trends In Expondltura and Employment Data 1974 NCJ-39467 NCJ-56396 for the Criminal Justice System, 1971-77 *1973 NCJ-34732 hostitution to Victims of Personal and (annual) NCJ-57463 The Cosi of Negligence Losses from Household Crimes, NCJ 72770 Expenditum and Employment Data for the Preventable Household Burglaries Criminal Justice System (annual I NCJ-53527 1979 advance report NCJ-73288 The Hispanic Victim Advance Report 1978 Surnmary,Report NCJ-66483 NCJ-67706 Myths and Realities About Crime A 1978 final repOxf NCJ-66482 Intimate Victims A Study of Violence Among Nontechnical Presentation 01 Selected 1977 final repot? NCJ-53206 Friends and Relatives NCJ 62319 Information from the National Prisoner Crime and Seasonality, NCJ-64818 Statistics Program and the National CrIme Criminal Victimization of New York State Survey NCJ 46249 Justice Agencies in the U S Residants, 1974-77, NCJ 66481 Summary Report of the National Criminal ylcilmisation of California Residents. Jitsiu e Acle4-.)cy List NCJ 65560 1974.77, NCJ-70944 Indicators of Crime and Criminal Justice NatiOnal PrisOner Statistics Dictionary of Criminal Justice Data Terminology' Quantitative Studies NCJ 62'149 Capital Punishment lanhualt Criminal Victimization Surveys in 13 Terms and Definitions Proposed for Interstate 1979 NCJ-70945 American cities (summary reportI vol ) and National Data Collection and Exchange Prisoners in Slate and Focieral Institutions on NCJ 18471 NCJ 36747 B oston, NCJ 34818 December 31 A- B uffalo, NCJ -34820 1979 NCJ- 73 /19 *Census of State Correctional Facilities, 1974 NCJ 34919 Utilization of Criminal Justice Statistics Houston, NCJ-34821 advance report NCJ 25642 Profile of State Prison inmates Project. Miami. NCJ 34822 Sourcebook of Criminal Justice Statistics 19110 Milwauked, NCJ 34823 Sociodemographic F indings frorn the 1974 (annual) NCJ 71096 Minneapolis. NCJ 34824 Survey of Inmates ot State Correctional New Orleans, NCJ 34825 Facrrlities NCJ 58257 *Offender-Based Transaction Statistics New Directions in Data Collection and Reporting Oakland . NCJ-34826 *Census of Prisoners in State Correctional Pittsburgh, NCJ-3462 7 Facilities, 1973, NCJ 34729 NGJ 29645 Sentencing of California Felony Offenders, San Diego, NCJ 34828 cus 61 Jails and Survey of Jail Inmates San Francisco. NCJ 34829 197111, preliminary report NCJ 55172 NCJ 29646 Washington, D C , NCJ 34830 of II. of Inmates of Local Jails Soi io Crime-Specific Analysis * The Characteristic s of Burglary Incidents, Public Attitudes About Crimet 3 vols mographic Findings from the 19751)iirvey 'Boston. NCJ 46235 o nmates of Lot al Jails NCJ 65412 NCJ 42093 An Empirical Examination of Burglary B uffalo, NCJ-46236 *The tIon's Jails A report on the census Offender Characteristics NC3-43131 Cincinnati, NCI-46237 of 1 Is from the 1972 Survey of inmates of *An En pirical Examination of Burglary Houston. NCJ 46238 Loc,Al Jails NCJ 1906 7 NCJ 46239 Of fenders and Offenie Characteristics Milwaukee, NCJ- 46240 NCJ 42476 Sources of National Criminal 4ustice * Minnows:oils, NCJ 46241 Statistics An Annotated Bibliography New Orleans, NCJ-46242 Uniform Pa foss Reports NCJ 45006 Oakland, NCJ-46243 ParCde in the Untied States (annual) Federal Criminal Santencing Perspectives Pittsburgh, NCJ- 46244 1979 NCJ-69562 of Analysis and a Design for Research Son Diego, NCJ 46245 1978 NCJ-58722 NCJ-33683 San Francisco. NCJ-48246 1976 and 1977 NCJ-49702 Variations In Federal Criminal Sentences Washington, D C NCJ 46247 A National Survey of Parole-Reload A Statistical Assessment at the National * CRMInel Victimization Surveys in Chicago, LagisistIon Enacted During the 1979 Level NCJ 33684 Detroit, Los Angeles, New York, and Legislative Session NCJ-64218 Philadelphia A Comparison of 1972 and Federal Sentencing Patterns A Study of Characteristics of the Parole Population. 1971I, Geographical Variations NCJ-33685 1974 Findings NCJ-36360 NCJ-664 Predicting Sentences in Federal Courts The Criminal Victimization Surveys in Eight Feasibility of a National Sentencing Policy American Cities A Comparison of 1971 72 NCJ-33686 and 1974,75 Findings National Crime Surveys in Atlanta Baltimore Cleveland Children in Custody Juvenile Detention and alias Denver Newark Portland and St Correctional Facility Census uis NCJ-36361 1972 advance report 6 nal Victimization Surveys in the Census of Public Juvenile Facilities Nolion's Five Largmt Clem National NCJ-60967 Crime Panel Surveys in Chicago Detroit Census of Private Juvenile Facilities Los Angeles New York and Philadelphia NCJ-60966 1972 NCJ-16909 1975 (final report) NCJ 58139 Grimm and Weems A Report on the Dayton 1974 NCJ-57946 San Jose Pilot Survey of Victimization 1973 NCJ-44777 NCJ 013314 *1971 NCJ-13403

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