NCJ Number
37280
Date Published
1974
Length
225 pages
Annotation
THIS SURVEY OF STATE SUPREME COURTS PRESENTS DATA ON THE USES OF RULE-MAKING POWER, ANALYZES RULES PROMULGATED IN CERTAIN AREAS, AND DISCUSSES CONFLICTS THAT MAY ARISE OR HAVE ARISEN FROM THE EXERCISE OF RULE-MAKING POWER.
Abstract
THIS STUDY IDENTIFIES THE AREAS IN WHICH THE STATE HIGH COURTS HAVE ACTUALLY PROMULGATED RULES AND TO DETERMINE THE SOURCE OF THE POWER (I.E. CONSTITUTIONAL, STATUTORY, AND/OR INHERENT). IN ADDITION, THE STUDY SEEKS TO EXAMINE CERTAIN CONFLICTS WHICH HAVE RESULTED FROM THE COURTS' EXERCISE OF THEIR RULE-MAKING POWER. FINALLY, WHERE A COURT HAS FAILED TO PROMULGATE RULES IN A PARTICULAR AREA, WE HAVE SOUGHT TO DETERMINE WHETHER THE POWER TO PROMULGATE RULES IN THAT AREA IS DEEMED TO BE VESTED IN THE COURT; AND, IF IT IS, TO DETERMINE WHY THE COURT HAS NOT PROMULGATED RULES, AND UNDER WHAT CIRCUMSTANCES RULES MIGHT BE PROMULGATED AT SOME FUTURE DATE. ALL OF THIS BASIC INFORMATION WAS OBTAINED THROUGH THE USE OF A QUESTIONNAIRE DIRECTED TO EITHER THE COURT ADMINISTRATOR OR A MEMBER OF THE HIGH COURT IN EACH STATE. THE QUESTIONNAIRE IS INCLUDED. (AUTHOR ABSTRACT)