NCJ Number
68242
Date Published
1979
Length
252 pages
Annotation
A REPORT OF THE DISTRICT OF COLUMBIA JUDICIAL PLANNING COMMITTEE FOCUSING ON WORKLOAD PROBLEMS OF THE DISTRICT OF COLUMBIA COURT OF APPEALS AND POSSIBLE SOLUTIONS TO THOSE PROBLEMS IS PRESENTED.
Abstract
THE DISTRICT OF COLUMBIA JUDICIAL SYSTEM WAS RADICALLY CHANGED IN 1971 BY THE DISTRICT OF COLUMBIA COURT REORGANIZATION ACT OF 1970, WHICH CREATED A JUDICIAL SYSTEM FOR THE DISTRICT COMPARABLE TO A STATE JUDICIAL SYSTEM. THE ACT TRANSFERRED LOCAL DISTRICT OF COLUMBIA LITIGATION FROM THE FEDERAL DISTRICT AND CIRCUIT COURTS TO THE DISTRICT OF COLUMBIA SUPERIOR COURT AND THE DISTRICT OF COLUMBIA COURT OF APPEALS. CONSEQUENTLY, THE COURT OF APPEALS WORKLOAD ROSE PRECIPITOUSLY FROM 1971 TO 1976; THE VOLUME OF APPEALS MORE THAN DOUBLED, AND THE AVERAGE APPEAL BECAME MORE COMPLEX. SEEKING LONG-RANGE SOLUTIONS, THE JUDICIAL PLANNING COMMITTEE OF THE DISTRICT OF COLUMBIA CREATED IN 1977 A SUBCOMMITTEE TO IDENTIFY AND EXAMINE ALL PROSPECTIVE MECHANISMS FOR RELIEF. THE SUBCOMMITTEE COMMISSIONED THE NATIONAL CENTER FOR STATE COURTS TO PREPARE A DRAFT REPORT OF THE SITUATION FOR ITS CONSIDERATION. THE REPORT, SUBMITTED IN JANUARY 1979, WAS DISTRIBUTED TO INTERESTED INDIVIDUALS AND ORGANIZATIONS, AND STUDIED BY THE SUBCOMMITTEE. THE SUBCOMMITTEE THEN CONDUCTED PUBLIC HEARINGS AND INCORPORATED THESE FINDINGS IN ITS FINAL REPORT. THE SUBCOMMITTEE CONCLUDES THAT THE PRESENT SYSTEM OF THREE-JUDGE PANELS IS AN UNSATISFACTORY METHOD OF OPERATION. POSSIBLE SOLUTIONS WHICH WERE ARTICULATED, EXAMINED, AND REJECTED INCLUDED INCREASED JUDICIAL CAPACITY, INCREASED STAFF, DEVIATIONS FROM THE TRADITIONAL APPELLATE PROCESS, AND A DECREASE IN THE NUMBER OF APPEALS. IT IS CONCLUDED THAT ESTABLISHMENT OF AN INTERMEDIATE APPELLATE COURT IN THE DISTRICT OF COLUMBIA IS THE BEST SOLUTION. APPENDIXES DESCRIBE USE OF PANELS IN STATE COURTS OF LAST RESORT AND THE SOURCE OF APPEALS IN 28 STATE SUPREME COURTS. FOOTNOTES AND TABLES ARE INCLUDED.