NCJ Number
92786
Date Published
1984
Length
15 pages
Annotation
Tremendous growth in the caseload of Federal courts has led to legislative and institutional changes.
Abstract
The Federal Court Improvement Act of 1982 merged the U.S. Court of Claims and the U.S Court of Customs and Patent Appeals into the 12-judge U.S. Court of Appeals for the Federal Circuit. Bills to eliminate mandatory jurisdiction of the U.S. Supreme Court and to establish an intermediate court with jurisdiction over cases referred to it by the Supreme Court have been introduced in Congress but not passed. New judgeships and court administrators are needed. Several important measures have been proposed or undertaken to strengthen coordination between State and Federal courts and to fortify the doctrine of federalism. The new Federal-State subcommittee of the Judicial Conference of the United States will identify basic problems concerning allocation of jurisdiction between the State and Federal courts. A proposed State Justice Institute and a proposed commission to study the State and Federal courts are needed. Both Federal and State systems will be strengthened if diversity jurisdiction cases go to State courts, a measure that should be enacted by the 98th Congress. A national correctional policy is also needed to deal with a rapidly expanding prisoner population. Every correctional institution must be a combined educational and production institution, a school and factory with fences. The newly created National Academy of Corrections will provide better trained guards and middle-level personnel. Alternatives to costly and time-consuming litigation and procedures are developing, such as alternative dispute resolution programs; clinical education and trial advocacy programs in law schools; and new techniques such as telephone conference calls for dealing with pretrial issues. In addition, Federal judges need better compensation and survivor benefits in order to remain on the bench. Ten footnotes are provided.