NCJ Number
45085
Date Published
1972
Length
118 pages
Annotation
THE STANDARDS PROPOSED IN THIS REPORT CONCERN ASPECTS OF JUDICIAL CONTROL AND CONDUCT IN THE ADMINISTRATION OF CRIMINAL JUSTICE, FROM THE ISSUANCE OF WARRANTS THROUGH POSTCONVICTION PROCEEDINGS.
Abstract
THE MAIN EMPHASIS IS ON THE JUDGE'S RESPONSIBILITY AND CONDUCT IN THE COURTROOM AND AT THE TRIAL AND ON HIS OBLIGATIONS AND DUTIES BEFORE TRIAL. OTHER STANDARDS REFER TO THE CRIMINAL JUSTICE SYSTEM'S NEED FOR ADEQUATE FACILITIES AND SUPPORT TO ENABLE THE JUDICIARY TO MEET AND FULFILL ITS RESPONSIBILITIES. THE LAST PART OF THE REPORT RECOMMENDS PROCEDURES FOR DEALING WITH JUDICIAL MISCONDUCT AND INCOMPETENCE AND PROVISIONS FOR RETIREMENT OF JUDGES DUE TO DISABILITY. THE REPORT CONTAINS STANDARDS INCLUDED IN THE PARTIAL, ADVANCE REPORT OF THE ADVISORY COMMITTEE ON THE JUDGE'S FUNCTION CONCERNING THE JUDGE'S ROLE IN DEALING WITH TRIAL DISRUPTIONS. THIS REPORT DESIGNATES BY ASTERISKS AND FOOTNOTES THE STANDARDS APPROVED (AND THOSE APPROVED IN SUBSTANCE) BY THE AMERICAN BAR ASSOCIATION HOUSE OF DELEGATES. THE APPENDIX SHOWS THE CORRESPONDING NUMBERING OF THE STANDARDS INCLUDED IN BOTH THIS AND THE ADVANCE REPORT. SINCE THIS IS ONE OF A SERIES OF REPORTS ON STANDARDS RELATING TO THE ADMINISTRATION OF CRIMINAL JUSTICE, NO ATTEMPT HAS BEEN MADE TO PRESENT A COMPREHENSIVE DRAFT OF STANDARDS RELATING TO ALL ASPECTS OF JUDICIAL CONDUCT AND RESPONSIBILITIES, ALTHOUGH THERE IS SOME OVERLAP WITH CANONS AND CODES ON THAT SUBJECT. (AUTHOR ABSTRACT MODIFIED).