NCJ Number
55139
Date Published
1978
Length
119 pages
Annotation
THE NATURE AND OBJECTIVES OF FEDERAL JUDICIAL COUNCILS AS DEFINED IN ENABLING LEGISLATION ARE DISCUSSED, THE CURRENT OPERATIONS OF THE COUNCILS CONSIDERED, AND SUGGESTIONS FOR IMPROVEMENT OFFERED.
Abstract
THE FEDERAL JUDICIAL COUNCILS WERE CREATED IN 1939 AS A PART OF THE ADMINISTRATIVE OFFICE ACT. IT PROVIDES THAT 'THE CHIEF JUDGE OF EACH CIRCUIT CALL, AT LEAST TWICE IN EACH YEAR AND AT SUCH PLACES AS HE MAY DESIGNATE, A COUNCIL OF THE CIRCUIT JUDGES FOR THE CIRCUIT, IN REGULAR ACTIVE SERVICE, AT WHICH HE SHALL PRESIDE.' THE COUNCILS' SUPERVISORY POWERS WERE INTENDED TO BE COMPREHENSIVE, PERMITTING THEM TO DIRECT CHANGES THEY FOUND NECESSARY IN THE ADMINISTRATIVE OPERATION OF DISTRICT COURTS. CIRCUIT EXECUTIVES ACT AS THE PRINCIPAL STAFF PERSONS FOR THE COUNCILS. IN EXAMINING THE CURRENT OPERATION OF THE JUDICIAL COUNCILS, ATTEMPTS WERE MADE TO MEET WITH ALL JUDGES AND SUPPORT PERSONNEL IDENTIFIED AS HAVING SPECIAL INTERESTS IN RELEVANT ISSUES. IN ADDITION TO THE INFORMATION GAINED FROM PERSONAL INTERVIEWS, DATA WERE ALSO DRAWN FROM COUNCIL MINUTES, COMMITTEE REPORTS, AND OTHER DOCUMENTS FROM EACH CIRCUIT. PARTICULAR ATTENTION IS PAID TO THE COUNCILS' DOCKET SUPERVISION AND THE HANDLING OF COMPLAINTS ABOUT JUDGE BEHAVIOR. SIGNIFICANT DISSATISFACTION WAS FOUND WITH THE COUNCILS' COURTS DOCKETS MANAGEMENT, AND A NUMBER OF RECOMMENDATIONS ARE OFFERED TO IMPROVE DOCKET MANAGEMENT THROUGH MORE RIGOROUS AND TIMELY USE OF AVAILABLE INFORMATION. COUNCIL SUPERVISION OF JUDGE MISCONDUCT HAS BEEN SATISFACTORY, ALTHOUGH IT IS SUGGESTED THAT COMMITTEES TO SCREEN LAWYER COMPLAINTS COULD IMPROVE COUNCIL EFFECTIVENESS AND THE QUALITY OF INFORMATION RECEIVED. IN CONSIDERING PROPOSALS FOR CHANGE IN COUNCIL POWERS, IT IS CONCLUDED THAT MAJOR CHANGES IN THE COUNCILS' STATUTORY POWERS ARE NOT INDICATED; HOWEVER, A NEW POWER TO REASSIGN SUPPORT PERSONNEL ON A TEMPORARY BASIS MIGHT BE HELPFUL. THE APPENDIXES INCLUDE SCOPE AND METHOD OF THE STUDY; REPORT ON THE POWERS AND RESPONSIBILITIES OF THE JUDICIAL COUNCILS; POWERS, FUNCTIONS, AND DUTIES OF CIRCUIT COUNCILS; PERFORMANCE MEASURES AND COURT PERFORMANCE; ADMINISTRATIVE OFFICE DATA FORMS; COUNCIL ACTIONS TO PROVIDE RESOURCES; AND RULES OF THE JUDICIAL COUNCIL OF THE THIRD CIRCUIT. (RCB)