NCJ Number
122359
Journal
Judicature Volume: 73 Issue: 4 Dated: (December-January 1990) Pages: 209-214
Date Published
1990
Length
6 pages
Annotation
This study examines the internal operations of State supreme courts.
Abstract
In 1988 and 1989, a telephone survey was conducted to determine the types of formal and informal rules and protocols governing the operation of State supreme courts. The offices of the chief justices of all 50 State supreme courts were contacted. Chief justices or sitting justices were interviewed about decision rules applied in their courts, and administrative assistants to the chief justices were interviewed, as well as clerks of courts in States where clerks conduct case assignments. The results of the survey were compared with a similar survey carried out by Stanford McConkie in 1976. The 1976 data no longer applied to the operational practices of State supreme courts. Specific findings of the 1988-1989 survey include a strong preference for assigning majority opinion writing in a random or rotating manner to ensure that each justice writes a wide variety of opinions. Procedures for discussing cases and voting on decisions are also outlined. Rules and procedures used by State supreme courts are noteworthy in their collegiality, informality, and flexibility. 25 footnotes.