NCJ Number
44719
Date Published
1977
Length
121 pages
Annotation
STANDARDS ESTABLISHED BY THE AMERICAN BAR ASSOCIATION APPLICABLE PRIMARILY TO STATE APPELLATE COURTS ARE PRESENTED, AND EACH IS DISCUSSED.
Abstract
THESE STANDARDS HAVE BEEN ESTABLISHED AS AN AID TO APPELLATE COURTS WITH HEAVY CASELOADS. CASES INVOLVING COMPLEX LEGAL ISSUES MUST BE GIVEN MORE TIME AND ATTENTION THAN THOSE WHICH ARE ON APPEAL SOLELY BECAUSE THE APPELLANT WANTS TO POSTPONE FINAL CONCLUSION OF THE LITIGATION. COURTS MUST EXERCISE POSITIVE CONTROL AND SUPERVISION OF THEIR CASEFLOW IN ORDER TO GIVE SUFFICIENT ATTENTION TO COMPLEX CASES WHILE AVOIDING PEREMPTORINESS IN OTHERS. STANDARDS ARE PRESENTED BY TOPIC, AND EACH IS FOLLOWED BY COMMENTARY EXPLAINING THE STANDARD AND ANALYZING ITS IMPLICATIONS; REFERENCES ARE PROVIDED FOR EACH. THE STRUCTURE OF THE APPELLATE COURT SYSTEM AND ITS INTERNAL ORGANIZATION ARE DISCUSSED. STANDARDS RELATING TO PERSONS' OPPORTUNITY FOR APPELLATE REVIEW INCLUDE THE SCOPE OF REVIEW, THOSE JUDGMENTS AND ORDERS WHICH ARE APPEALABLE, THE PROCEDURE FOR APPEAL FROM THE TRIAL COURT, AND PROCEDURES FOR FURTHER APPEAL. ASSISTANCE OF COUNSEL IS EXAMINED, INCLUDING APPELLANTS' RIGHTS TO COUNSEL, COUNSEL FOR THE POOR, AND CONTINUITY OF REPRESENTATION THROUGHOUT THE ENTIRE PROCESS. THE ELEMENTS OF THE DECISION PROCEDURE IN APPELLATE COURTS -- BRIEFS, PRELIMINARY ANALYSIS, ORAL ARGUMENT, DECISIONS AND OPINIONS, AND PUBLICATION OF OPINIONS -- ARE REVIEWED, AND EFFICIENT APPELLATE COURT ADMINISTRATION IS COVERED. RESPONSIBILITIES OF JUDGES AND LAWYERS, MEETINGS AND COMMITTEES, AND COOPERATION BETWEEN COURTS ARE TOPICS INCLUDED IN THIS AREA. STANDARDS FOR CASEFLOW MANAGEMENT, SEEN AS ESSENTIAL TO THE EFFICIENT OPERATION OF AN OVERLOAD COURT, ARE PRESENTED. THE FACILITIES AND SERVICES CONSIDERED IMPORTANT FOR AN APPELLATE COURT ARE OUTLINED; THEY INCLUDE ADEQUATE ADMINISTRATIVE AND LEGAL STAFF, LIBRARY FACILITIES, AND GOOD PUBLIC INFORMATION PROVISIONS.