NCJ Number
72865
Date Published
1978
Length
76 pages
Annotation
The American Judicature Society's final report of its study of Pennsylvania's appellate courts focuses on administration, internal operating procedures, and rule provisions relating to the courts.
Abstract
The society studied the three appellate courts in Pennsylvania which include the State supreme court, the superior court, and the commonwealth court. Concern by the supreme court over backlog and delay in deciding cases at the appellate level as well as public and legislative criticism of these delays provided impetus for the study. Throughout the study society members met with the staffs of the three appellate courts, attorneys concerned with court operation, and the Pennsylvania Bar Association's committee on appellate courts. In addition, it reviewed the State constitution, the judicial code, newspaper articles, statistics, and numerous opinions handed down by these courts from 1976 to 1978. It is recommended that the supreme court have only discretionary jurisdiction: that it should hear and decide only a limited number of cases. Standards by which only major lawmaking cases are heard should be developed. Control over all aspects of an appeal should be written as soon as reasonably possible after cases are submitted. With the exception of one or two personal law clerks, appellate court legal staff should be established as a central legal staff for the whole court. Each Pennsylvania appellate court should have a single central court location. It is also recommended that the State constitution be amended to permit the number of superior court judges to be fixed by law. The Pennsylvania Judicial Council should be reactivated, and an operating procedures manual for each court should be prepared for public distribution. American Bar Association standards are appended.