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The Judiciary Section III THEJUDIGIARY ^:„._, __. • •••" .^-^.^y-SiL-.^it^-. ^••. ....:>.• i- y ^ ?*j^- ^•.-•- ••,'-^' •^:•• -.••.-. ••• • . n^ "\ N- #: •^.. • -^ H. iii^ The Judiciary STATE JUDICIAL SYSTEMS BY WILLIAM L. FREDERICK* FFORTS TO reorganize and modernize preme Court, the court of appeals and the judicial systerhs of the States con­ district and county courts. In addition, a E tinued during the past two years. As hew municipal court act establishes quali­ usual, there were some notable successes fications for municipal judges, provides and some major defeats for the judges, bar for their compensation and sets guide­ associations, legislators and citizens who lines for their removal. led the fight for court reform in their Sweeping reorganization also took jStates. Unification, and simplification of place in Idaho as the Legislature during court systerris remained a major goal of 1969 enacted statutes implementing re­ those proposing changes as did the estabr cent constitutional changes.^ All lower lishment of administrative offices of the courts were abolished aitd in their place a courts. Several more States created ..inter­ magistrates division of tlje district court mediate appellate courts to help handle was established so that there is now a the growing amount of litigation. single trial court which is part of an inte- Proposals to establish special agencies ., grated, and unified judicial system under to deal with complaints about judges and the administrative supervision of the Su­ to discipline and remove them from of­ preme Court. Salaries of magistrates will fice, when necessary, continued to receive be paid by the State, The number of support. Likewise, proponents of the minor court judges was drastically re­ merit system for selecting judges'sought' duced. In addition, the judicial council, its enactment by additional States. The formed in 1967, was used as a nomihating - continuing,necessity for raising judicial commission to submit slates to the Gover­ salaries also remained an important issue. nor for appointment of judges. Also, the Finally, there was new interest in matters electorate has approved a constitutional of judicial ethics. amendment providing for the retirement, The following pages summarize major discipline and removal of Supreme Court developments in the States in 1968-1969 justices and district court judges for pertaining to judicial organization and cause. structure, selection and tenure of judges, Oklahoma also put into effect major compensation and other matters. changes in its court system. An intermedi­ ate court of appeals was created. Justice STRUCTURE AND ORGANIZATION of the peace courts and county courts have The most extensive reor'ganization of a been eliminated and the district court has state court system during the past bien- complete trial jurisdiction. nium occurred in Colorado. Legislation Other States in which there was a major adopted in 1969 provided for the creation reorganization of the courts-included of a n^w intermediate court of appeals Ohio, Pennsylvania and Rhode Island. A and complete state funding of the judicial constitutional amendment adopted in system. The State now has full financial Ohio makes the probate courts a division responsibility for the operation of the Su- of the court of common pleas. The super­ visory authority of the Supreme Court *Mr. Frederick is Eastern Regional Director of the Council of State Governments and Secretary over all courts in the State was clarified. of the Conference of Chief Justices. •'^ In Pehnsylvania a constitutional amend­ = 117 s' 118 THE BOOK OF THE STATES ment adopted in 1968 provides for a uni- Supreme Court from seven to nine jus- form judicial system with general admin- tices, and Arizona increased its court of istrative authority vested in the Supreme appeals from six to nine judges. The num- Gourt. Significant changes were made in berof judges of the courts of appeal in the magistrate courts and a Judicial In- California was raised from thirty-nine to quiry and Review Board was organized to forty-eight and North Carolina increased develop procedures for the investigation from six to nine the number of judges on of complaints and the possible discipline its court of appeals. There now are thirty- and removal or compulsory retirement of eight rather than thirty-four judges serv- judges. Rhode Island consolidated its dis- ing on the Ohio courts of appeals and Jtrict courts into a single statewide system twenty-four rather than twenty on the and provided for a unified Supreme, su- Louisiana courts of appeals. The number perior, family and district court system of justices on the Tennessee court of crim- linder the supervision of the chief jus- inal appeal^Vvvas raised from three to tice. The Nevada Legislature gave initial seven. As tlre^y noted, several States approval to a constitutionaLamendment created new intermediate appellate which would create a unified court sys- courts. Approximately one half,of the tem, provide for the merit selection of . States added to the number 2^ jiidges on judges and establish a commission on their major trial courts with the total in­ judicial discipline. Approval by a second crease in judicial manpower at this level session of the Legislature and the voters being more than 200. is required to. put the amendment into „ •' r^ ' effect SELECTION AND TENURE Maine, P^hisylvania and Rhode Island At least four States took, action to established new administrative offices of change the method, of selecting judges, the courts. There now are thirty-seven As mentioned, Idaho is using its judicial States, which have such oJG&ces. council as a nominating commission. lur New intermediate courts of appeals diana voters in 1970 will pass on a consti-: were established in Colorado, Oklahoma, tutional Amendment which would estab- Oregon and Washington. Alabama di- lish a nonpartisan judicial appointment vided its existing intermediate court of system, and also enlarge the State Su- appeals into two courts, one to hear civil preme.Court. Maryland voters; in 1970 appeals and one to hear criminal appeals. Will decide whether to approve a new There are now twenty-three States which statute to provide for appointment by the have intermediaite appellate courts. Governor rather than the present system Significant steps in minor court reor- of appointment followed by the election ganization were taken in Maryland, of appellate court justices and judges of Michigan and South Dakota. In Mary- trial courts of general jurisdiction; their land, if the voters approve at a referen- terms would be fifteen years. Michigan dum in 1970, there will be a statewide sys- voters in 1968 approved a constitutional tem of district courts to replace the pres- amendment permitting the Governor to ent part-time trial magistrate and peo- fill vacancies on the courts, pie's courts. Judges of the new courts will The trend toward establishing agencies be appointed by the Governor for ten- with the authority to discipline judges year terms. Legislation in Michigan like- and recommend their removal or retire- wise established a district court system to ment continued with at least seven States replace justices of the peace and mostmu- taking some action in this regard: Alaska,. nicipal courts. In South Dakota, county Delaware, Idaho, Louisiana, Michigan, and municipal courts have been consoli- Oregon and Utah. Delaware established dated in most areas of the State with a a court, on the judiciary similar to bodies considerable reduction in the number of previously created in Illinois and Okla- judges required. homa while the other six States followed Additional judicial manpower was pro- the pattern pioneered by California in vided in a few States at the appellate establishing judicial qualifications com- level. Alabama increased the size of its missions. A constitutional amelidmeht to THE JUDICIARY 119 create stich a commission received initial courts and trial courts of general jurisdic­ passage by the.Legislature in Virginia in tion appear in Table 5, 1969, but to become effective it must pass the next session of the Legislature and OTHER DEVELOPMENTS then be approved by the voters. Early in 1968 Wisconsin put into effect Oregon amended its constitution to a new judicial code of ethics. Also that make 'clear the grounds on which the Su- year the Hawaii Suprieme Court adopted preme Court may act to remove judges, a code of ethics for lawyers and judges. The Massachusetts Supreme Judicial The American Bar Association in 1969 Court adopted a rule to prdvide for a pro- announced appointnient of a special com- cedure for handling complaints against mittee under the chairmanship of Chief judges and for seeking their removal in Justice Traynor of California to develop accordance with existing constitutional a code of ethics for judges. provisions. ^ The establishment of public defender The terms of appellate and trial court systenis continued to receive attention judges in Hawaii were increased from during the biennium. Two more States, seven to ten years, while those of the jus- Alaska and Colorado, provided for state- tices of th,e Pennsylvania Supreme Court wide jpublic defender systems in 1969. Svere reducpd from twenty-one to ten The Conference of Chief Justices con­ years. , tinued to discuss developments in the 1 •• • • ••. criminal law field at its annual meetings COMPENSATION during the past two years. Other topics At least thirty-one States during the discussed at the annual meetings in'tliided biennium acted to increase the salaries of court management for. appellate courts, justicesi of their Supreme-Courts; thirteen recent developments in the field of torts, topk:similar action with regard to justices constitutional rights of university stu­ of intermediate appellate courts and at dents, the National Defender Project, and least thirty-two raised the salaries of violence and the right to dissent. ' judges of trial courts of general jurisdic­ The National Conference of Court Ad­ tion. With the new salary scales, the sal­ ministrative Officers has given.increasing ary of state suprertie court justices ranges attention to specific problems with which from $19,000 to $42,000 per year.
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