NCJ Number
45485
Date Published
1976
Length
73 pages
Annotation
ARGUMENTS FOR AND AGAINST ESTABLISHMENT OF INTERMEDIATE APPELLATE COURTS ARE CONSIDERED, AND VARIATIONS IN STRUCTURE, JURISDICTION, AND PROCEDURE AMONG 24 STATES WITH SUCH COURTS ARE EXAMINED.
Abstract
OPPONENTS OF INTERMEDIATE APPELLATE COURTS TO THE POTENTIAL FOR CONFUSION IN CASE DISTRIBUTION, THE POSSIBLE WEAKENING OF THE STATE'S APPELLATE JUDICIARY, AND THE EXPENSE INVOLVED IN ESTABLISHING AND MAINTAINING AN INTERMEDIATE APPELLATE COURT. PROPONENTS OF THE INTERMEDIATE COURT ARGUE THAT SUCH COURTS CAN REDUCE THE CASELOAD AT THE HIGHER APPELLATE LEVEL AND CAN INCREASE THE CAPACITY OF THE COURT SYSTEM TO ACCOMMODATE LITIGANTS. THE EXPERIENCES OF SEVERAL STATES INDICATE THAT THE INTERMEDIATE APPELLATE COURT CAN BE EFFECTIVE IN DEALING WITH CONGESTION AND DELAY AT THE HIGHER APPELLATE LEVEL AND IN INCREASING ACCESSIBILITY TO THE APPELLATE PROCESS. HOWEVER, THERE ARE SIGNIFICANT VARIATIONS IN JURISDICTION, PROCEDURE, AND STRUCTURE AMONG STATES THAT HAVE INSTITUTED INTERMEDIATE APPELATE COURTS. A REVIEW OF THESE VARIATIONS SUGGESTS THE FOLLOWING: (1) GENERALLY, THE INTERMEDIATE COURT SHOULD HAVE ORIGINAL JURISDICTION ONLY TO ISSUE WRITS ANCILLARY TO ITS APPELLATE JURISDICTION AND SHOULD HAVE BROAD APPELLATE JURISDICTION; (2) A SINGLE, STATEWIDE INTERMEDIATE COURT, RATHER THAN TWO DISTRICT COURTS, IS DESIRABLE; (3) PROCEDURES GOVERNING APPEALS FROM THE INTERMEDIATE TO THE HIGH COURT AND PROVIDING FOR BYPASS OF THE INTERMEDIATE LEVEL IN SPECIFIED CLASSES OF CASES SHOULD BE ESTABLISHED; AND (4) WHETHER THE INTERMEDIATE COURT SITS IN A CENTRAL LOCATION OR ROTATES THROUGHOUT THE STATE SHOULD BE DETERMINED BY THE GEOGRAPHY AND POPULATION OF THE STATE. A MODEL FOR A TWO-TIERED APPELLATE SYSTEM IS PRESENTED. A CHART SUMMARIZING THE CHARACTERISTICS OR TWO-TIERED SYSTEMS IN 24 STATES IS FOLLOWED BY A BRIEF NARRATIVE DESCRIPTION OF EACH STATE'S SYSTEM. A BIBLIOGRAPHY IS PROVIDED.(LKM)