©Copyright 2009 Conference of Chief Justices/National Center for State Courts 300 Newport Avenue Williamsburg, VA 23188 Web sites www.ncsconline.org http://ccj.ncsc.dni.us/ ISBN: TABLE OF CONTENTS Forewords to the 2009, 1993, and 1986 Editions Part I: The Early History and Structure of the Conference of Chief Justices The Beginning . 10 Membership and Leadership . 11 Committee Structure . 12 Meetings . 13 Part II: The Work of the Conference of Chief Justices Policy Positions . 18 Conference Committees . 20 Part III: The Leadership Role of the Conference of Chief Justices The Conference of Chief Justices as a Force for Change . 24 The Changing Role of the Conference of Chief Justices . 26 Goals of the Conference of Chief Justices . 28 Networks with the Professional Community . 29 State Court Relations with the Federal Government . 29 Funding for State Courts . 31 History of Relationships with Other Legal and Judicial Organizations . 34 Relationship with the National Center for State Courts . 35 Appendices Appendix I: Current Committees of Substantive Interest . 38 Appendix II: Resolutions of Interest . 39 Appendix III: Conference of Chief Justices Chairmen and Presidents, 1949-Present . 42 Appendix IV: Resolutions Adopted by the Conference of Chief Justices, 1957-2008 . 43 Appendix V: Chief Justices of the 50 States and Territories . 63 Appendix VI: Topics Discussed at Annual and Midyear Meetings . 72 Foreword to the 2009 Edition This year, the Conference of Chief Justices celebrates its 60th anniversary. Over the span of those decades, the Conference has evolved from a collegial group primarily devoted to discussion of common The Conference of problems into a vibrant force devoted to strengthening state court systems. Chief Justices (CCJ) This year marks my 10th Margaret H. Marshall anniversary as a member of CCJ, Supreme Judicial Court was founded in 1949 to of Massachusetts and I’ve been pleased to have played provide an opportunity even a small role in our Conference’s evolution, which is traced in this 60th anniversary edition for the highest judicial of The History of the Conference of Chief Justices. So much has happened, and the members of CCJ have done officers of the states so much, since the last edition in 1993. For example: to meet and discuss • Development of the National Action Plan on Lawyer Conduct between 1995 and 1997—and an implementa - matters of importance tion plan in 2001 in improving the • Filing of amicus briefs in U.S. Supreme Court cases that could impact state court operations and public trust and administration of confidence in the courts (such as in Caperton v. Massey, justice, rules and which raised important questions concerning the percep - tion of bias in judges who receive substantial campaign methods of procedure, contributions from a litigant) • Support for $2 million from Congress for the State Court and the organization Improvement Initiative in 2008—essential funds for and operation of state building on past achievements • For the first time, the president of CCJ addressed the courts and judicial ABA House of Delegates at their midyear meeting in systems, and to make Boston, February 16, 2009 This new edition provides essential background recommendations information for current and future CCJ members to help them understand how the Conference’s role has changed and bring about over the years—and in what direction the Conference is improvements on headed. I hope that you find it interesting and useful. such matters. Margaret H. Marshall Supreme Judicial Court of Massachusetts 6 The History of the Conference of Chief Justices Foreword (1986 Edition) Foreword (1993 Edition) The board of directors of the The history of the Conference of Conference of Chief Justices was of Chief Justices was originally published the view that it might be helpful to in 1986. Much has happened in the the members of the Conference to seven years since to increase the role have a history available to provide of the Conference as the official repre - a perspective on current activities. sentative of the state courts on the Accordingly, at the request of the national level. These seven years have Conference, the National Center for seen, as a result of Conference efforts, State Courts has prepared this docu - Edward F. Hennessey the establishment of the State Justice Robert F. Stephens ment. In it no attempt was made to August 6, 1986 Institute as a significant funding August 2, 1993 attribute various activities to individu - source for state court improvements; als, with the exception of the original organizers of the the creation of the National Judicial Council of State and Conference, but rather to concentrate on organizational Federal Courts, as well as many other avenues for closer structure and subject matter. cooperation and coordination at the national level of the The Conference of Chief Justices is particularly indebted federal and state court systems; and the reorganization and to Paul C. Reardon, a retired Justice of the Supreme Judicial strengthening of the Conference’s representation of the state Court of Massachusetts, and former president of the courts before all three branches of the federal government with National Center for State Courts, who volunteered to assist the help of the National Center. in the preparation of this history. The Conference is indebted The CCJ standing committee of past presidents undertook to Marilyn McCoy Roberts and Brenda A. Williams of the to update the 1986 history, and the board of directors has National Center staff for their individual contributions to the authorized its publication. Two former CCJ presidents, preparation of the history. retired Chief Justice McKusick, of Maine, and retired Chief This history, together with the conference handbook, should Justice Erickstad, of North Dakota, have done the updating. give all chief justices, especially those newly appointed, a better They have had, as always, the valuable assistance of Brenda understanding of the purposes, accomplishments, and activities Williams, of the secretariat services of the National Center of the Conference of Chief Justices. for State Courts. I find it most appropriate to repeat the view expressed by Edward F. Hennessey Chief Justice Hennessey in his 1986 forward: This history, August 6, 1986 as now updated, together with the conference handbook, should continue to give all chief justices, especially those newly appointed, a better understanding of the purposes, accomplishments, and activities of the Conference of Chief Justices. Robert F. Stephens August 2, 1993 The History of the Conference of Chief Justices 7 8 The History of the Conference of Chief Justices The Beginning Conference of Chief Justices MISSION STATEMENT WHEREAS, the Conference of Chief Justices (the Conference) has engaged in an introspective process, the purpose of which was to define its role in the administration of justice in the United States, its common - wealths and territories; and WHEREAS, members of the Conference have reached a con - sensus concerning the role of the Conference and desire to adopt a statement formally describing the Conference’s mission; NOW, THEFORE, BE IT In 1948, at the American Law Institute (ALI) meeting in RESOLVED that: The mission of the Conference of Chief Justices Washington, D.C., and at the American Bar Association is to improve the administration (ABA) meeting in Seattle, the judges of many state of justice in the states, common - supreme courts met at luncheons presided over by wealths and territories of the United States. The Conference Chief Justice Robert G. Simmons of Nebraska and, with the assistance of accomplished this mission by members of the ABA Section of Judicial Administration, decided to organ - the effective mobilization of ize a national conference of chief justices. In 1949, the Conference of the collective resources of the Chief Justices (hereinafter, “CCJ” or “the Conference”) was born. highest judicial officers of the CCJ owed much initially to individuals such as Chief Justice Simmons, states, commonwealths and Chief Justice Arthur T. Vanderbilt of New Jersey, and Chief Justice Lau - territories to: rance M. Hyde of Missouri, its first chairman. Chief Justice Hyde chaired • develop, exchange, and dis - the organizing committee, which scheduled the organizational meeting of seminate information and the CCJ for September 1949 in St. Louis, just before the annual meeting of knowledge of value to state the ABA. During the summer of 1949, the organizing committee urged all judicial systems; chief justices to attend the meeting both by letters from the organizing • educate, train and develop committee and by invitations delivered in person by judges and lawyers leaders to become effective from each state (recruited by members of the organizing committee). managers of state judicial Forty-four of the 48 states were represented at the first meeting, 32 by their systems; chief justices, and 12 by associate justices designated by their chief justices • promote the vitality, independ - as representatives of their courts ence and effectiveness of state There seemed to be many reasons why the formation of CCJ would judicial systems; profit the state courts and the people they serve. CCJ’s first meeting re - • develop and advance policies flected the conviction of the state judicial leaders that by pooling informa - in support of common inter - ests and shared values of state tion on state judicial problems, they could improve the administration of judicial systems;