NCJ Number
49649
Date Published
1978
Length
45 pages
Annotation
THIS SURVEY DETAILS A CIRCUIT-BY-CIRCUIT REVIEW OF THE WORK OF THE CENTRAL STAFFS OF THE U.S. COURTS OF APPEALS. IT EXPLORES DUTIES, METHODS OF OPERATION, AND RELATIONSHIP TO TOTAL COURT OPERATION.
Abstract
CENTRAL STAFFS EVOLVED DURING THE 1960'S IN RESPONSE TO THE RAPID INCREASE IN THE NUMBER OF APPEALS. THE USE OF A CORPS OF RESEARCH ATTORNEYS RESPONSIBLE TO THE COURT AS A WHOLE BEGAN IN 1951 WHEN THE UNITED STATES COURT OF MILITARY APPEALS CREATED THE POST OF 'COMMISSIONER.' SINCE THEN THE IDEA HAS SPREAD. MOST OF THE 10 CIRCUITS' CENTRAL STAFFS HAVE EVOLVED FROM EITHER THE PRO SE DEPUTY CLERKS OF THE CLERK'S OFFICE OR FROM LAW CLERKS ASSIGNED TO SENIOR JUDGES. BY 1973 THE VALUE OF A CENTRAL STAFF WAS WELL ESTABLISHED AND THE FIFTH CIRCUIT RECEIVED FUNDS FOR ADDITIONAL ATTORNEYS. BY 1975 CENTRAL STAFF FUNDING FOR THE U.S. COURT OF APPEALS WAS A REGULAR PART OF THE BUDGET. THIS SURVEY EXAMINES THE DUTIES AND OPERATIONS OF THE CENTRAL STAFF IN EACH CIRCUIT. RESPONSIBILITIES RANGE FROM ROUTINE INVESTIGATIONS AND PREPARATION OF MEMORANDUMS FOR CIVIL AND CRIMINAL APPEALS TO HANDLING ALL EMERGENCY MATTERS. SOME SCREEN CASES AND PLAY AN ACTIVE ROLE IN CASE SCHEDULING WHILE OTHERS HAVE NO SUCH RESPONSIBILITY. SOME CONSIST OF LAWYERS HIRED FOR DEFINITE TERMS, GENERALLY 2 OR 3 YEARS, WHILE OTHERS HIRE ATTORNEYS FOR INDEFINITE TERMS. ADDITIONAL DUTIES PERFORMED BY THE CENTRAL STAFF ARE ALSO REVIEWED. AN APPENDIX LISTS THE NAMES AND ADDRESSES OF SENIOR STAFF ATTORNEYS, BY CIRCUIT. A TABLE GIVES THE RATIO OF STAFF ATTORNEYS TO BOTH JUDGES AND FILINGS BY CIRCUIT. A BRIEF BIBLIOGRAPHY IS INCLUDED. (GLR)