DOCUMEkT RESUME
ED 220 396
I
SO 014 256
TITLE
State Court Organization, 1980.
1NSTLTUTION
National Center for State Courts-, Williamsburg,
Va.
SPONS AGENCY
Department of Justice, Washington, D.C. Bureau of
Justice Statistics.
,
REPORT NO
NCJ-76711
PUB DATE
May 82
GRANT
79-SS-AX-0010
NOTE
573p.; Not available in paper copy due to amall print
type throughout original document. Report of work was
performed by the National Court Statistics
Project.
AVAILABLE FROM
National Criminal Justice Reference Service, Box
6000, Rockville, MD 20850 (single copies, free).
EDRS PRICE
DESCRIPTORS
MF02 Plus Postage. PC Not Available from EDRS.
Administration; Governmental Structure;
*Organization; *State Courts; State Government;
Statistical Data
ABSTRACT
Informaticn on state court organization as of January
1, 1980, in the 50 states, American Samoa, the District of Columbia,
Guam,Lpuetto Rico, and the Virgin Islands is provided. Data were
colketted from published sources and through questionnaires. There,
are two major parts. Part
I
consists of 36 tables containing
comparative data from all the states and other jurisdictions which
describe particular facets of state court personnel, organization,
structure, and administration. Data are summary in nature. Subiect
matter covered by the tables is diverse, including descriptions of
'justices' and judges' positions at all leve s of court; court
jurisdiction; methods of judicial selection; the selection,
qualificati-on, and use of jurors; state-le.el court administrative
offices; and descriptions of judicial disciplinary bodies. Part II
contains narrative profiles and figures that describe the
organization of the judicial system in'each state. Information is
presented on seven topics: courts of last resort; intermediate
appellate-courts; courts of general jurisdiction; courts of limited
or special jurisdiction; state-level administration;
quasi-judicial
officers; and judicial discipline. Appendice6 cofitain names of state
court administrators, data collection instrumenti, and a glossary:
(Author/RM)
(/
,
.
****************************************************************t******
Reproductions supplie?'y EDRS are the best that cab be made
.from, he original document.
***********************************************************************
BEST C
AVAIABLE(
U.S.
partment oi Justice
u of Justice Statistics
State Court
Organization
1980
A joint effort of
Conference of State Court Administrators
and
National Center for State Courts
National Court Statistics Project
300 neivport Avenue
Williamsburg, Virginia 23185
NCJ-76711, sac-8
May 1982
411,
Ise
U S DEPARTMENT OF EDUCATION
NATIONAL INSTITUTE OF EDUCATION.
E DU( Al IONAL RE SOURCE S INFORMA ION
ENTER
RlC
1 his
oinein has been repoidut eft
as
fel Co,(1
aro the pOr,r1 iir
oiganization
Orit1111,111,1,1
VW.,
flanges haw been ihade to improve
hon
Pomo, of view ie iitenions staled in this dot in
flwrIT
f
represent (MR al NIE
PERMISSION TO REPRODUCE THIS
MATERIAL
IN
MICROFICHE
HAS BEEN GRANTED BY
aes
I
TO THE EDUCATIONAL RESOURCES
INFORMATION CENTER (ERIC)
U.S. DEPARTMENT OF JUSTICE
Bureau of Justice Statistics
Benjamin H. Renshaw III
Acting Director
Charles R. Kindermann
Acting Director, Statistics Division
4
IMPORTANT
We have provLded an evaluation sheet at the end of
this publication.
It will asiist us in improving
future reports if you complete and return it at your
convenience.
Report of work performed by the National Court Statistics
Project,
National Center for State Courts.
4
This project was supported by Federal Grant Number 79-SS-AX-001,0
awar4ed to the National Center for State Courts, Williamsburg,
Virginia, by
the Statistics Division, Bureau. of Justice Statistics, U.S. Department of
Justice, under the Omnibus Crime Control and Safe Streets Act of 1968, as
amended.
The National Court Statistits Project was tirected by Francis J.
Taillefer until August,'1980, apd since that time by Victor E. Flango for the
National Center for State Courgs.
Points Of view or opinions stated in this
document are those of the authr and do not necessarily represent the
official
position or poltcies of the U.S
Department of Justice.
The Bureau ofJustice S
tistics authorizes any person to reproduce,
publish, translate, or otiierwise
e all or any part of the copyrighted
material in thia publication, with the exemption oe those items
indicating
that they are copyrighted by or rep inted by permission of any source
'other
than the National Center for
StatelCourta.
Copyright 1981 by National Center for Ste Courts
Library of Congress Card Number:
81-60009
)(
Thta State Court Organization, 1980 establishes
a new state court statistical series containing
organizational, financial, and personnel statistics
for the court systems in all fifty states, the
District of Columbia, Puerto Rico, American Samoa,
the Virgin Islands, and Guam.
This volume is the
result of a cooperative effort of the National Cen-
ter for State Courts (NCSC) and the Conference of
State Court Administrators (COSCA).
This work will
be a companion document to the continuing State
Court Caseload Statistics:
Annual Report series
also produced by the National Court 'Statistics Pro-
ject (NCSP).
This reference updates and expands
previous national court surveys conducted by the
Bureau of the Census in 1971, 1975, and 1977.
Data
The Conference of State Court Administrators
and its National Court Statistics Project Committee
has worked closely with the National Center for
State Courts NCSP staff in preparing this volume.
State court administrators helped to determine
which data would be, collected, and then served as
the primary source of much of the data.
This work
contains information on many facets of court or-
ganization and administration collected and uni-
formly organized in a single source for the first
time.
Comprehensive coverage is given to the or-
ganization and funCtione of the courts as well as
the operations, budget, and personnel of the state
iii
contained in this volume were collected directly
from each state court administrative office as well
as from other, independent sources.
The leadership
and assistance of COSCA, and especially the NCSP
-
Committee chaired by Bert M. Montague, has insured
the quality and usefulness of this the first edi-
tion of a new national court statistical series.
Edward B. McConnell
Director
National Center for State Courts
court administrative offices.
This volume should
prove to be a valuable reference source for court
organizational, managerial, and administrative
data.
-4
Bert M. Montague, Chairman
NCSP Committee
Conference of State Court Administrators
'Conference of State Court Administrators
National Court Statistics Project
'
Committee
Bert M. Montague (1977 ko 1981)
Chairman (1979 lo 1981)
Administrative Director
North Carolina
James R. James, Chairman (1977 to 197
Judicial Administrator of the Courts,
Kansas
Laurence C. Eamon (1979 to 1981)
Vice Chairman (1979
o 1981)
State Court Administr
or, Minnesota
Elizabeth D. Belshaw, Vice Chairman
(1977 to 1979)
State Court Administrator, Maine
Alexander F. Barbieri (1977 to 1981)
State Court Administrator, Pennsylvania
James E. Dunlevey (1977 to 1979)
State Court Administrator, Nebraska
National Center for State Courts Board
of Directors
Chief Justice William S. Richardson,
President,
Supreme Court of Hawaii
Chief Judge Theodore R. Newman, Jr.
Vice-President,
District of'Columbia Court of Appeals ,
Presiding Judge Robert C. Broomfield
Superior Court of Maricopa County,
Arizona
Chief Judge Lawrence H. Cooke
Court of Appeals of New York
Judge Mercedes F. Deiz
Circuit Court of Oregon
Judge Roland J. Faricy
Municipal Court of Ramsey County,
Minnesota
National Court Statistics Project staff
ft
Lynn A. Jensen, Project Group Manager
Victor E. Flango, Project Director
(1980 to 1981)
Francis J. Taillefer, Project Director
(1979 to 1980)
Nora F. Blair, Staff Associate
Mary Louise Cfifford, Staff Associate
Mary E. Elsner, Staff Associate
Robert M. Simonds, Staff Associate
Betty Joyce White, Staff Associate
Brends A. Williams, Staff Associate
Roy O. Gulley (1978 to 1981)
Director, Administrative Office of the
Courts, Illinois
John F. Harkness, Jr. (1979 to 1980)
State Court Administrator, Florida
C. R. Huie (1977 to 1979)
Executive Secretary, Judicial Department
of Arkansas
Eugene J. Murret (1979 to 1980)
State Court Administrator, Louisitna
Arthur J. Simpson, Jr. (1978 and 1979)
Acting Director, Administrative Office
of the Courts, New Jersey
James D. Thomas (1979 to 1981)
State Court Administrator, Colorado
Phillip B. Winberry (1977 and 1978)
Administrator for the Courts,
Washington
Chief Justice Joe R. Greenhill
Supreme Court of Texas
Chief Justice Lawrence W. I'Anson
Supreme Court of Virginia
Judge Wilfred N. Nuernberger
Separate Juvenile Court of Lancaster
County, Nebraska
Judge Kaliste J. Saloom, Jr.
city Court of Lafayette, Louisiana
Associate Justice Joseph R. Weisberger
SupreMe Court of Rhode Island
Judge Robert A Wenke
Superior Court of Los Angeles, California
Director:
Edward B. McConnell
Robert A. Zastany, Staff Associate
Marianne Stran, Design Specialist
Mary A. Miller, Secretory
Regina D. Page, Secretary
Dana Patton, Secretary
Brenda Snyder, Word Processing Supervisor
Pat Barnett, Word Processing Secretory
Rita P. Hall, Word Processing Secretary
Mart,Aelciing, Word Processing Secretary
'
Daryl
tch, Word Processing Secretary
Carol Niwton, Word Processing Secretary
Judy A. Brown, Word Processing Secretary
k
Acknowledgements
The development process which eventually re-
ulted in the production of the State Court Organ-
ization
1980 has been going on for everal years.
During that time, numerous esbers of COSCA have
erved as Sfficers and members of the NCSP Commit-
tee, providine guidance to NCSP staff in determin-
,
ins the scope and methodology for the urvey.
Their generous contributions of time and knowledge
have helped to ensure that the data presented in
this volume represents an accurate and comprehen-
sive picture of court structure and adsinistration.
We are also indebted to the general aembership of
COSCA for the support they gave to project staff
by providing detailed answers to complex question-
naires and for their careful review of narrative
profiles describing each state court system.
f
v
We are indebted to the Judicial Administration
Division of the American Bar Association (ABA) and
its Implementation of Standards of Judicial Admin-
istration (ISJA) project committee and staff for
their cooperation and willingness to share with the
NCSP staff the ISJA state organization profile in-
formation.
The ISJA profiles, developed through
funding from the Law Enforcement Assistance Admin-
istration, have provided
base of data from which
the NCSP state court organization profiles have
been developed.
Researchers from other organizations also sup-
plied data on specific topics to project staff for
the construction of summary tables.
Included in
this group of people are Larry Berkson, Ted
Nodzenski, Steven Gentry, and Michael Gilman of the
American Judicature Society who reviewed the up-
dates of numerous summary tables for this volume.
Content.
Poreword
Acknowledgments
Lisi)of Tables
4
List of state court organization profiles.
Introduction
National Court Statistics Project
.
2
History of the development of State
Court Organization, 1980
2
Methodology
2
How to use this document
3
Limitations
3
Part I:
State court organization summary data
Judicial Officers (Tables 1-15)
.
.
.
6
Judicial officers by levels of
court (Tablips 1-5)
6
Qualifications of judicial
offieers (Tables 6-8)
20
Authorized judgeships in trial
courts (Table 9)
32
Judicial selection (Tables 10-13)
34
Judicial disciplinary commissions
(Table 14)
48
Judicial compensation commissions
(Table 15)
52
Court jurisdiction (Tables 16 and 17)
54
Jurisdiction of trial courts
(Table 16)
54
Jurisdiction over appeals in trial
courts (Table 17)
70
Court personnel (Tables 18-20)
.
.
.
74
Employees of appellate courts
(Table 18)
74
Employees of general jdrisdiction
courts (Table 19)
80
Law clerks in courts of last
resort (Table 20)
86
vi
Page
Statelevel court adainistration
(Tables 21-24)
88
Description of the statelevel
court administrative office
(Table 21)
88
Personnel of the statelevel court
administrative office (Table 22)
90
Functions of the statelevel court
administrative office (Table 23)
94
State court administrators (Table
24)
98
Authority and procedures of the judicial
branch (Tables 25-28)
100
Judicial councils and conferences
(Table 29)
104
Juries (Tables 30-36)
108
Grand juries (Table 30)
108
Trial juries (Tables 31-36)
114
Part II:
State court or anization profiles
Explanation of the contents of each
profile
131
Prototype of state court narrative
profile
131
. Prototype of state court system
chart
133
State court organization profiles;
Alabama through the Virgin Islands
134
Appendices
Appendix A:
State Court Adainistrators
507
Appendix 15:
Data Colleckion Instruments
511
Appendix C:
Glossary
535
List of Tables
Table 1:
Justices of courts of last reort,
1980.
Name of court, number of authorised
justices, method of election, term,
and salary.
Table 2:
Chief Justices of courts of last
resort, 1980.
Title, method of selection,.term,
and salary.
Table 3:
Judges of intermediate appellate
courts, 1980.
Name of court, number of court
district, number of authorized
judges, method of selection, term,
and lalary.
Table 4:
Judges of courts of general juris-
diction, 1980
Name of court, number of authorized
judges, term, and salary.
Table 5:
Judges of courts of limited or
special jurisdiction, 1980.
.
.
.
Name of court, number of authorized
judges, term, and salary.
Table 6:
Qualifications of appellate
justices and judges, 1980
U.S. citirenship, legal training and
licensing, residency, age, and legal
experience.
Table 7:
Qualifications of general jurisdic-
tion judgei, 1980
U.S. citizenship, legal training and
licensing, residency, age, and legal
experienos.
Table 8:
Qualifications of judges of limited
and special jurisdiction courts,
1980.
U.S. Citizenship, legal training and
licensing, residency, age and legal
experience.
Page
?at.
Table 12: Characteristics of judicial nomi-
6
nating commissions,'1980.
.
.
.
.
42
Selection of commissioners and
limitations on their eligibility for
holding other offices.
8
10
12
Table 13: Membership of judicial nominating
commissions, 1980
Number of commissions and commis-
sioners, partisanship of commission,
term and limitations on terms, and
requirement for judicial representa-
tion on commission.
Table 14: Judicial discipline, 1980
Name of investigating body, how and
when estoblished, membership, term,
adjudicating body, removing body,
and legal basis.
46
48
Table 15: Judicial compensation commissions,
1980.
52
Name of commission, date of enabling
legislation, number, appointment,
14
and compensation of members.
Table 16: Jurisdiction of trial courts,
1980.
Level and name of court, geographic
20
jurisdiction, number of districts,
number of judges, civil, criminal,
traffic, juvenile, and appellate
jurisdiction.
Table 17: Jurisdiction over appeals in trial
22
courts, 1980.
Name of general jurisdiction court,
type of appeal, and court of origin.
Table 18: Employees of appellate courts,
1980.
Number of full-time equivalent
24
employees by position, for judicial
support and for the office of the
clerk.
Table 9:
Authorized judgeships in trial
courts, 1980.
32
1980 population, number of authorized
judges and population served per
judge by trial court level.
Table 10: Judicial selection, 1980.
Method of initial selection and
filling of interim vacancies.
34
Table 11: Description of merit plans, 1980.
.
40
Legal basis of plan, year estab-
lished, use of plan, number of
nominees, and type of retention
lection.
Table 19: Employees of general jusiediction
courts, 1980.
Number,of full-time equivalent
employees by position, for judicial
support and for the office of the
clerk.
Table 20: Law clerks for courts of last
resort, 1980.
Number, method of selection, legal
traiming, length of service, and
salary.
54
70
74
so
86
Table 21: Description of the state-level court
administrative office, 1980)
.
.
.
88
Year authorized, authorization, date
4
first administrator appointed, amount
and sources of total expenditures.
Pale
Page
Table 22: Personnel of state-level court
administrative office, 1980.
.
.
.
90
Number of full-time equivalent
professionals by function.
Table 23: ?unctions of state-level court
adainistrative office, 1980.
.
.
.
94
Management, and information systems
activities, court slport services,
finance and budget, parsonnel,
education and training, public
information And liaion, and
planniug and reseafch activities.
Table 24: State court administrators,
1980
Qualifications, appointing authority,
and salary.
98
Table 25: Budget and fiscal authority of the
judicial branch, 1980
100
Table 26: Audit procedures of the judicial
branch, 1980.
101
Table 27: Records and fiscal procedures of
the judicial branch, 1980
102
Table 28: Purchasing procedures of the
judicial branch, 1980.
.
.
.
.
.
.
103
Table 29: Judicial councils and conferences,
1980.
104
Name, authority, and purpose.
Table 30: Description of grand juries,
1980.
Selection process, size, number
needed to indict, and scope of
activity.
Table 31: Selection of trial jury pool,
1980.
Selection process and sources ued
for master list.
Table 32: Qualifications for trial jury
ervice, 1980
Time limits, elimination for felony
conviction, residency, Age, and other
special qualifications.
108
114
118
Table 33: Statutory exemptions from trial jury
service, 1980
120 )
Table 34: Number of peremptory challenges in
jury trials, 1980
122
Number of challenges per side for
criminal and civil cases.
Table 35: TrieN1 jury size and vote required
-
for verdict, 1980.
124
Jury size and vote required for
verdict for criminal and civil trials.
* Table 36: Compensation of
trial jurors,
1980.
Per diem and travel reimbursement
127
List of State Court Organization Profiles
Page
Alabama
134
Figure 1:
Alabama court system, 1980
.
134
Figure 2:
Alabama state-level
administrative office of the
courts, 1980
139
Alaska
141
Figure 1:
Alaska court system, 1980
.
142
4
Figure 2:
Alaska state-level adminis-
trative office of the
courts, 1980
145
Arizona
148
Figure 1:
Arizona court system, 1980
.
148
Arkansas
155
Figure I:
Arkansas court system, 1980
.
156
Figure 2:
Arkansas state-level adminis-
trative office of the courts,
1980
161
California
163
Figure 1:
California court ystem,
1980
164
Figure 2:
California state-level adminis-
trative office of the courts,
1980
169
4
Colorado
172
Figure 1:
Co4orado court system, 1980
.
172
Figure 2:
Colorado state-level adminis-
trative office of the courts,
1980
178
Connecticut
180
Figure 1:
Connecticut court system,
1980
180
Figure 2:
Connecticut state-level admin-
f
istrative office of the courts,
1980
184
Delaware
186
Figure 1:
Delaware court system, 1980
.
186
Figure 2:
Delaware state-level adminis-
trative office of the courts,
1980
191
Florida
193
Figure 1:
Florida court system, 1980
.
194
Figure 2:
Florida state-level adminis-
trative office of the courts,
1980
197
Georgia
199
Figure 1:
Georgia court system, 1980
200
Figure 2:
Georgia state-level adminis-
trative office of the courts,
1980
206
Hawaii
208
Figure 1:
Hawaii court system, 1980
.
208
Figure 2:
Hawaii state-level adminis-
trative office of the courts,
1980
213
ix
Idaho
215
Figure 1:
Idaho court system, 1980
.
.
216
Figure 2:
Idaho state-level adminis-
trative office of the courts,
1980
219
Illinois
220
Figure 1:
Illinois court
systsm.....11r1r.
220
Figure 2:
Illinois state-level adminis-
trative office of the courts,
1980
224
Indiana
226
Figure 1:
Indiana court system, 1980
.
226
Figure 2:
Indiana state-level adminis-
trative office of the courts,
1980
231
Iowa
233
Figure 1:
Iowa court system, 1980
.
.
.
234
Figure 2:
Iowa state-level adminis-
trative office of the courts,
1980
237
Kansas
239
Figure 1:
Kansas court system, 1980
.
.
240
Figure 2:
Kansas state-level adminis-
trative office of the courts,
1980
244
Kentucky
246
Figure 1:
Kentucky court system, 1980 .
246
Figure 2:
Kentucky state-level adminis-
trative office of the courts,
1980
250
Louisiana
Figure 1:iFLotisiana court system,
1980
Figure 4 _Louisiana state-level adminis-
trative office of the courts,
1980
253
254
260
Maine
262
Figure 1:
Maine court system, 1980
.
.
262
Figure 2:
Maine state-level adminis-
trative office of the courts,
1980
267
Maryland
Figure 1:
Figure 2:
269
Maryland jOurt ystem, 1980
.
.
270
Maryland state-level adminis-
trative office of the courts,
1980
274
Massachusetts
276
Figure 1:
Massachusetts court system,
1980
276
Figure 2:
Massachusetts state-level admin-
istrative office of the courts,
1980
282
Michigan
285
Figure 1:
Michigan court system, 1980
.
286
Figure 2:
Michigan state-level adminis-
trative office of the courts,
1980
.
.
.
4
290
Minnesota
Page
North Dakota
Page
292
370
Figure 1:
Minnesota court system,
1980
292
Figure 1:
North Dakota court system,
1980
370
Figure 2:
Minnesota state-level adminis-
trative office of the courts,
1980
297
Figure 2:
North Dakota state-level admin-
istrative office of the courts,
1980
375
Mississippi
299
Ohio
377
Figure 1:
Mississippi court usiem,
1980
300
Figure 1:
Figure 2:
Ohio court system, 1980
.
.
.
.
Ohio state-level adminis-
378
Figure 2:
Mississippi state-level admin-
istrative office of the courts,
1980
304
trative office of the courts,
1980
383
Oklahoma
385
Missouri
306
Figure 1:
Oklahoma court ystem, 1980
.
.
386
Figure 1:
Missouri court system, 1980
.
.
306
Figure 2:
Oklahoma state-level adminis-
Figure 2:
Missouri state-level adminis-
trative office of the courts,
1980
310
trative office of the courts,
1980
391
Oregon
393
Montana
312
Figure 1:
Oregon court system, 1980
.
.
.
394
'Figure 1:
Montana court system, 1980
.
.
312
Figure 2:
Oregon state-level adminis-
Figure 2:
Montana state-level adminis-
trative office of the courts,
1980
316
trative office of the courts,
1980
398
Pennsylvania
400
Nebraska
Figure 1:
318
Nebraska court system, 1980
.
.
318
Figure 1:
Pennsylvania court system,
1980
400
Figure 2:
Nebraska state-level adminis-
trative office of the courts,
1980
323
Figure 2:
Pennsylvania state-level admin-
istrxtive office of the courts,
1980
407
Nevada
325
Rhode Island
409
Figure 1:
Figute 2:
Nevada court system, 1980
.
.
326
Nevada state-level adminis-
Figure 1:
Rhode Island court system,
1980
410
trative office of the courts,
1980
328
Figure 2:
Rhode Island state-level admin-
istrative office of the courts,
1980
413
New Hampshire
330
Figure 1:
Figure 2:
New Hampshire court system,
1980
330
New Hampshire ;tete-level admln-
South Carolina
Figure 1:
415
South Carolina court system,
1980
416
istrative office of the courts,
1980
334
Figure 2:
South Carolina state-level admin-
istrative office of the courts,
1980
419
New Jersey
336
Figure 1:
Figure 2:
New Jersey court system,
1980
336
New Jersey state-level admin-
South Dakota
.
Figure 1:
. t
South Dakota court system,
1980
421
422
istrative office of the courts,
1980
342
Figure 2:
South Dakota state-level admin-
istrative office of the courts,
1980
425
New Mexico
344
Figure 1:
Figure 2:
New Mexico court system,
1980
344
New Mexico state-level admin-
Tennessee
Figure 1:
.
Tennessee court system,
1980
426
426
istrative office of the courts,
1980
349
Figure 2:
Tennessee state-level admin-
istrative office of the courts,
1980
432
New York
351
Figure 1:
New York court system, 1980
.
.
352
Texas
434
Figure 2:
New York state-level adminis-
Figure 1:
Texas court system, 1980
.
.
.
434
trative office of the courts,
1980
360
Figure 2;
Texas state-level adminis-
trative office of the courts,
1980
440
North Carolina
362
Figure 1:
North Carolina court system,
Utah
442
1980
362
Figure 1:
Utah court ystem, 1980
.
.
.
. 442
Figure 2:
North Carolina state-level admin-
istrative office of the courts,
1980
367
Figure 2:
Utah state-level admiiiis-
trative office of the courts,
1980
446
yeruontr
Page
Wyoming-
Page
448
479
FileUre
1:
Veruont court system, 1980
.
.
448
Figure 1:
Wyoming court system, 1980
.
.
480
\\
Figiure
,_
2:
Vermont tate-level adainis-
trative office of the courts,
1980
452
Figure 2:
Wyoming state-level adminis-
trative office of the courts,
1980
483
Virginia ...
454
American Samoa
485
Figure
1:
Virginia court system, 1980
.
.
454
Figure 1:
American Samoa court system.
Figure
2:
Virginia state-level duinie-
trative office of the courts,
1980
486
1980
459
District of Columbia
489
Figure 1:
District of Columbia court
Washington
461
system, 1980
490
Figure
1:
Washington court system,
1980
462
Figure 2:
District of Columbia state-
level administrative office of
Figure
2:
Washington state-level admin-
istrative office of the courts,
1980
466
Guam
the courts, 1980
492
494
Figure 1:
Guam court ystem, 1980
.
.
.
.
494
West Virginia
468
Figure 2:
Guam state-level administrative
Figure
1.
West Virginia cgort system,
1980
468
office of the courts, 1980
.-.
496
Figure
2:
West Virginia state-level dmin-
istrative office of the courts,
1980
472
Puerto Rico
Figure 1:
Puerto Rico court system,
1980
498
498
Wisconsin
Figure
1:
Wisconsin court system,
1980
474
474
Figure 2:
Puerto Rico state-level admin-
istrative office of the courts,
1980
501
Virgin Islands
503
Figure 1:
Virgin Islands court system,
1980
504
xi
f
Introduction
*
to.
r
,
I
r
a
0
,
to
,
e
_
/
r
*
,
lit
o
.
4
\
Introduction
-
National Court Stat
Pro ect
This,vollte c
taining information on state
court organizatton as of January 1, 1980 ts the
product of the co tinuing cooperative ielationship
between the Confn ence of State Court Administra-
')
tors (COSCA) and 'the National Center for Stite
Courts (NCSC). 'financial management, project man-
agement, and stiffing responsibility are assumed
by the National Court Statistics Project (NCSP)-of
the NCSC.
COSCA, through its NCSP Committee, pro-_,
vides general policy review, guidance, and control
over all project activities.
One of the primary purposes of the NCSP is to
produce a volume containing data on court organiza-
tion and management from the 50 states, the Dist-
rict of Columbia, and territories of the United
*States, including American Samoa, Guam, Puerto-
Rico, and the Virgin Islands.
This volume is in-
tended to serve as a companion volume to the State
Court Caseload Statistics:
Annual Report sertes,
that contains court caseload data from most of
these same jurisdictions.
Data collected for in-
clusion in this volume must be gathered and organ-
ised to facilitate comparison with similar informa-
tion across jurisdictional boundaries.
These NCSC goals required the careful choosing
of the methodology used to gather data from each
jurisdiction and to report it in this volume, both
itate by state and collected into summary tables.
History of the development of State Court Or-
ganization, 1980.
The National aurvey of Court Organization was
conducted first for LgAA in late1971 by the Bureau
of Census as a preliminary step to establishing a
national program of court statistics.
One major
purpose of the survey was to obtai/ information
about court organizations and the types and loca-
tions of court records in use.
Data were also
gathered on the geographic and subject matter ju-
risdiction as well as on the number and types of
court personnel.
Supplements to the original re--
port, containing updated descriptions of court or-
ganizations in states that had undergone major re-
organizations, were published in September of 1975
and May of 1977.
The National Survey provided the
inspiration for the present volume.
This work is divided into two sections.
/he
first section contains comparative statistics op
state court personnel and administration presented
in easy-to-read summary tables.
The second section
,2
contains information on the organization, jurisdic-
tion, routes of appeal, and personnel for each
level of court in each state.
Information in the
Pprofiles" section of the volume is presented
alphaIrtically, first for all states followed by
the territories, for the convenience of people in-
terested in locating tnformation about specific
jurisdictions.
MethodoloRy
The first step in the design of this report was
to determine the information requirements to be
satisfied by the document.
At the request'of the
COSCA_NCSP Committee, project staff proposed data
elements for inclusion in the report in the'form
of table shells and narrative outlines.
Current
data on court organization reported elsewhere were
examined for possible use in this report.
The
COSCA NCSP Committee accepted some table shells
entirely, changed specific data elements in others,
combined some tables, and added others.
Through
several iterations, a set of table shells useful
to judges, court administrators, planners., re-
earchers, and others was agreed upon.
The second step in producing this report was a
search for data to fill the empty table shells.
Publications of the National Center for State
Courts, the American Judicature Society, the Bureau
of the Census, the Center for Jury Studies, the
American Bar Association, and other organizations
were examined to determine the number of tables
that could be completed using current, data already
published.
Some data elements were gathered dir-
ectly from the search of state constitutions and
statutes.
It was decided that questionnaires
should be used to capture only those data that are
either not available from other sources or that
change every year.
This approach conserves re-.
sources by making maximum use of existing data.
Project staff, with the guidance of the COSCA
NCSP Committee, formulated the outline to be used
tn constructing the state court organisational nar-
rative profiles.
The NCSP annual report series and
individual state annual reports provided We infor-
mation necessary to conItruCt one chart dtsplaying
the court organization structure and another por-
traying'.the organization of the office of the state
dourt administrator.
The profile outline was com-
pleted initially with information taken from the
Implementation of Standards of Judicial Administra-
tion (ISJA) project profiles.
This information* was
t
supplemented by the study of state constitutions
and statutes and other sources of court organiza-
tion data.
A two-part questionnaire, designed to elicit
data not available from published sources, was pre-
pared.
The first section of the questionnaire con-
tained standard questions because data were unavail-
able for all states.
The second section of the
.
questionnaire was "tailor-made" for each state to
elicit data elements missing only from that parti-
cular state.
The preliminary court organization
narrative profiles constructed for esch tate were
included for review as a part of the "tailored"
portion of the questionnaire.
A. the layout of the
narrative profiles was expanded and refined,
changes to the general audience and "tailored" por-
tions of the questionnaire were required.
The questionnaire was tested in five states,
chosen because they represented the extreme points
in multiple measures (for example, degree of cen-
tralization, complexity of court structure, etc.)
describing the various state court.systems.
Final
adjustments, stemming from the results of the pre-
test, were made to the questionnaire, and it was
distributed to all the states,,American Samoa, the
District of Columbia, Guam, Puerto Rico, and the
Virgin Islands.
A copy of the general portion of
the questionnaire and examples of the "tailored"
portion of the questionnaire are contained in Ap-
pendix B.
Project taff gave assistance to the state
court administrative offices in filling out the
questionnaires through telephone discussions.
Follow-up letters and telephone calls were made in
an effort to ensure a response rate as close to
100% as possible.
Responses were eventually re-
ceived from all but 2 tates and 2 territories.
As questionnaires were returned from the state
court administrative offices, data were entered on
the summary tables and the narrative profiles were
corrected to reflect information upplied on the
questionnaires.
Data from other sources were col-
lected and entered on summary tables.
A follow-up
questionnaire, requesting verification by the
states of data gathered from other sources was
"tailored" for each state and mailed out.
Examples
taken from the follow-up questionnaire are grtten in
Appendix B.
Data already entered on the summary
tables and contained in the organizational charts
and narratave profiles were corrected using the
follow-up questionnaires returned by the states.
Supporting material for the final volume was writ-
ten, and the entire document was prepared for pub-
lication.
How to Use this Document
The Survey o#CoUrt Organization has been div-
ided into-two bections for ease of reference.
nart
I consists of 36 tables containing data from all
the states and other jurisdictions covered in the
dncument and describing particular facets of court
organization, structure, and administration. Data
given are summary in nature.
Subject matter
cofvered by the tables is diverse, including de-
scriptionsyof justices and judges.positions at all
levels of court; court jurisdiction; methods of
judicial selection; the selection, qualification,
and use of jurors, state-level court administrative
lffices; and descriptions of judicial disciplinary
4::odies.
The table format allows the reader to se-
3
lect for further study particular states/courts
according to particular characteristics, or to com-
pare different approaches to common problems by
noting the frequency of certain responses.
Part II of the survey contains narrative
profiles and figures that describe the organization
of the judicial system in each state.
The profiles
all follow a uniform format.
Information is pre-
sented on seven topics:
I.
Court(s) of Last Resort
2.
Intermediate Appellate Court(s)
3.
Court(s) of General Jurisdiction
4.
Court(s) of Limited or Special Jurisdiction
5.
State-Level Administration
6:
Quasi-Judicial Officers
7.
Judicial Dicipline
Each state profile is constructed using the
same outline, simplifying the process of locating
particular information from one or numerous courts/
states.
Two charts are included in each profile,
one displaying the courts and the routes of appeal
'6
among them; the other a diagram of the organization.
of the state-level court administrative office.
Most readers will want to examine both parts
of the document using the summary'tables to select
states and territories that merit closer investiga-
tion.
At the back of the volume, some additional
references are given for other types of information
not included in the present edition.
Limitations
One of the
reasona4\tor
producing the State
Court Organization, 1980 was to produce a single
source for a great vareety of court organization
data.
Much of the information contained in this
volume has been available separately in the past
in a number of different reports prepared by
different groups.
The very process of gathering
this information together has itself caused some
problems with the comparability of data in this
volume.
An effort was made to ensure that data present-
ed here would be as current and, at the same time,
as uniform as possible.
State court administrative
offices were asked to use January 1, 1980, or the
court/fiscai/administrative year ending closest to
that daCe as the point in time for data they sup-
plied.
During the time between data collection and
the final publication of the document, the adminis-
trative and organizational structures of the var-
ious court systems may have undergone changes.
Where these changes could be nnticipated (for ex-
ample, the planned creation or eliminition of cer-
tain courts, the proposed addition of judges to
existing courte, or adopted but not yet enacted
changes in court jurisdiction), they were included
in the document along with their anticipated effec-
tive dates.
Subsequent changes must await periodic
updates of this volume.
The wide variety of sources for material in
this document has also created problems of data
comparability.
Generally, each table is internally
consistent with respect to time periods and item
definitions, but among tables or among tables and
profiles, particularly where the table. were coil-
structed using data from outside sources, time per- -
rods and item definitions are certain to vary to
ome extent.
Comparisons between the narrative
profiles and ummary tables may, in ome cases, be'
misleading, since they reflect data collected for
different time periods from different ources.
Every attempt was made by project taff to maintain
at high a level of internal consistency as possible
among the various stctions of the document, but
.
some unresolved conflicts may remain.
To assist
in eliminating some of the problems of interpretiNg
,
4
the information contained in this volume, a glos-
sary of the definitions of term used in the.docu-
ment (for example, lull-time.equivalent) is con-
tained in Appendix C.
Definitions of court terms
used in this document, in particular, definitions
of case-types, are those given in the State Court
Model Statistical Dictionary previously produced
by the NCSP.
ttp
4
ef.
\
s,
,
,
r
,
..
,
Part I: State Court OrganizationeSummary Data
,
0
>
,
Table 1
Justices of courts of last resort, 1980.
Name of court, number of authorized justices, method of selection,
term, and salary.
State and court title
Number of
authorized
justices
Method of selection
of justices
(other than Chief Justice)
Term of
justices
Salary of
justices (other
than Chief Justice)
ALASAMA --Supreme Court
ALASKA - -Supreme Court
ARIZONA- -Supreme Court
ARKANSAS - -Supreme Court
CALIFORNIA- -Supreme Court
9
5
5
7
7
Partisan election
Merit plant
Merit plant, retention election
Partisan election
Appointed by Governor and
confirmed by the Commission
on Judicial Appointments
6 years
10 years
6 years
8 years
12 years
$42,265
$52,992 to $60,410
$47,500
$42,399
$69,386
COLORADO - -Supreme Court
CONNECTICUT- -Supreme Court
7
6
Merit plant
Nominated by Governor and ap-
pointed by General Assembly
10 years
8 years
$40,000 to $45,600
$42,400
DELAWARE - -Supreme Court
5
Merit plant
12 years
$49,000
FLORIDA- -Supreme Court
7
Merit plant
6 years
$48,525
GEORGIA - -Supreme Court
7
Merit plant
6 years
$48,530
HAWAII - -Supreme Court
5
Merit plant
10 years
$45,000
IDAHO- -Supreme Court
Am."
5
Nonpartisan election
6 years
$38,000
ILLINOIS - -Supreme Coukt
7
Partisan election
10 years
$58,000
INDIANA - -Supreme Court
5
Merit plant
10 years
$42,000 (with
$3,000 sub-
sistence
allowance)
ICMA - -Supreme Court
9
Merit plant
8 years
$49,000
KANSAS - -Supreme Court
Merit plant
6 years
$38,500
KENTUCKY- -Supreme Court
7
Nonpartisan election
8 years
$49,000
LOUISIANA- -Supreme Court
7
Nonpartisan election
10 years
$61,635
MAINE - -Supreme Judicial Court
7
Appointed by Governor and
confirmed by legislature
7 years
$34,240
MARYLAND- -Court of Appeals
7
Merit plant
10 years
$56,200
MASSACHUSETTS - -Supreme Judicial
Court
7
Merit plant
To age 70
$50,000
MICHIGAN - -Supreme Court
7
Nonpartisan election
8 years
$60,500
MINNESOTA- -Supreme Court
9
Nonpartisan election
6 years
$56,000
MISSISSIPPI - -Supreme Court
9
Partisan election
8 years
$46,000
MISSOURI - -Supreme Court
7
Merit plant
12 years
$50,000
WRITANA- -Supreme Court
7
Nonpartisan election
8 years
$40,000
NEBRASKA - -Supreme Court
7
Merit plant
'6 years
$43,000
NEVADA - -Supra= Court
5
Nonpartisan election
6 years
$47,250
NEW HAMPSHIRE - -Supreme Court
5
Appointed by Governor with
concurrence of a majority
of the members of the
To age 70
$40,810
Executive Council
NEW JERSEY - -Supreme Court
7
Appointed,by Governor with
7 years
$56,000
advice and consent of Senate
or.
44
6
itop
State and court title
Number of
authorised
justice.
alg
NEW MEXICO- -Supreme Court
NEW YORK- -Court of Appeal.
NORTH CAROLINA--Supreme Court
NORTH DAKOTA- -Supreme Court
OHIO- -Supreme Court
OKLAHOMA- -Supreme Court
Court of Criminal Appeals
OREGON- -Supreme Court
PENNSYLVANIA - -Supreme Court
RHODE ISLAND- -Suyreme Court
SOUTH CAROLINA- -Supreme Court
SOUTH DAKOTA- -Supreme Court
TENNESSEE - -Supreme Court
TrA.AS- -Supreme Court
Court A Criminal Appeals
UTAH--Supreme Court
VERMONT- -Supreme Court
VIRGINIA- -Supreme Court
-
WASHINGTON--Supreme Court
WEST VIRGINIA- -Supreme Court of
Appeals
WISCONSIN - -Supreme Court
WYOMING- -Supreme Court
5
7
7
5
7
9
3
7
7
5
Method of selection
of justices
(other than Chief Justice)
Term
of
justices
Salary of
justices (other
than Chief Justice)
Partisan election
8 years
$38,165
Merit plant
lit year.
$72,000
Partisan'election
8 years
$54,288
Nonpartisan election
10 years
$39,200
NOnpartisan election
6 years
$51,000
Merit plant
6 years
$48,000
Merit plant
6 years
$48,000
Nonpartisan election
6 years. 4451,356
Partisan election
10 years
$55,000
Appointed by state legisla-
Life
$43,572 to $52,286
ture in grand committee
5
Elected by legislature
5
Nonpartisan election
5
Partisan election
9
Partisan election
9
Partisan election
5
Merit plant
5
Merit plant
10 years
$55,088
8 years
$35,000
8 years
$57,799
6 years
$56,700
6 years
$56,700
10 years
$38,000
6 years
$31,630.
Elected by majority of vote
12 years
$54,000
of each house of the General
Assembly
9
Nonpartisan election
6 years
$51,500
5
Partisan election
12 years
$38,000
7
Nonpartisan election
10 years
$56,016
5
Merit plant
8 years
$48,500
AM/RICAN SAMOA- -Appellate
" Division of the High Court
7
Appointed by the U.S. Secretary
Life
$51,244
of the Interior
DISTRICT OF COLUMBIA - -Court of
Appeals
9
Merit plant
GUAM
(Does not apply.
Guam does not have ite
PUERTO RICO- -Supreme Court
8
Appointed by Governor and
confirmed by Senate
VIRGIN ISLANDS
(Does I apply.
The Virgin Islandi d9 not have their own court of last resort.)
15 years
$51,750
own court of last resort.)
To age 70
$36,000
Key:
JustiCes are selected through a state merit plan.
Refer to Table. 11 and 12 for a description of
state merit plan.
44.
4"
Source:
State Court Administrators; NCSP staff review of state statutei; National Center for State Courts, 8u1vey.
of Judicial Salaries, (Williamsburg, Virginia:
National Center for State Courts, 1980), Volume 6,
Number
1, pp. 4-11; Nstional Court Statistics Project, State Court Caseload Statistics:
Annual Report. 1977
and 1978, (Williamsburg, Virginia:
VWtional Center for State Courts, 1981).
7
et,' 3
Table 2: Chief justicetrof courts of last resort, 1980.
Title, method of selection, term, mnd salary.
State
Title
Method of selection
Term as Chief Justice
Salary
41'i.ABANA
Chief Justice
ALASKA
Chief Justice
ARIZONA
Chief Justice
ARKANSAS
6.
Chief Justice
CALIFORNIA
Chief Justice
COLORADO
Chief Justice
CONNECTICUT
Chief Justice
DELAWARE
Chief Justice
, FLORIDA
Chief Justice
GEORGIA
Chief Justice
HAWAII
Chief Justice
IDAHO
Chief Justice
ILLINOIS
Chief Justice
INDIANA
Chi Justice
IOWA
Chief Justice
.1
KANSAS
Chief Justice
KENTUCKY
Chief Justice
LOUISIANA
Chief Justice
4
MAINE
Chief Justice
MARYLAND
Chief Judge
MASSACHUSETTS
Chief Justice
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
Chief Justice
Chief Justice
Chief Justice
Chief Justice
MONTANA
Chief Justice
NEBRASKA
Chief Justice
NEVADA
Chief Justice
NEW HAMPSHIRE
Chief Justice
NEU JERSEY
Chief Justice
Partisan election
Court election
Court election
Partisan election
Merit plant
6 years
3 years
5
8 ye rs
12 years
Court election
Pleasure of court
Merit plant
8 years
Merit
plant
12
years
Court
rotation
2
years
Court_election
Remainder of term
as Justice
Merit plant
Just" with shortest time
to serve
Court. election
Merit plant
Court election
,/
10 years
Remainder of term
as justice
3 years
5 years
Remainder of term
as justice
Seniority of service
Court election
Seniority of service
Appointed by Governor with
consent of Senate
Merit plant
Remainder of service
as a Justice
4 years
Remainder of service
as a Justice
7 years
$42,800
$52,992 to $60,410
$47,500
$46,253
$73,723
4
$42,500 to $48,400
$46,640
$49,500
$48,525
$48,530
$47,500
$38,000
$58,000
$42,000 (with
subsistence
allowance)
$54,000
$39,500
$50,000
$61,635
$35,845
Remainder of service
457,800
as a judge
Merit plant
Court election
Nonpartisan election
Seniority of service
Court rotation
Remainder of service
as a justice
2 years
6 years
Remainder of service
as a justice
2 years
Nonpartisan election
Merit plant
Justice with the shortest
time.to serve
Appointed by Governor
and Executive Council
Appointed by Governor with
consent of Senate
8 ye
6 years
2.years
Remainder of service
as a justice
7 years; reappointed
to age 70
$52,000
$60,500
$59,000
$47,000
$52, 500
$41,000
$43,000
$47,250
$42,400
$58,500
'A
40e"
8
t
Stat
Title
Method of selection
Term as Chief justice
Salary
NEW j4EXICO
NEW YORK
NORTH CAROLINA
NORTH DAKOTA
OHIO
fr.) Chief Justice
OKLAHOMA:
Supreme Court
Court of criminal
Appeals
OREGON .
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS:
Supreme Court
Court of Criminal
Appeals
UTAH
VERMONT
VIRGINIA
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING
Chief Judge
Chief Justice
Chief Justice
Chief Justice
Chief Justice
PresiMing Judge
Chief Justice
Chief Justice
Chief Justice
Chief Justice
Chief Justice
Chie Justice
Chief Justice
Presiding Judge
Chief Justice
Chief Justice
Chief Justice
Chief Justice
Chief Justice
Chief Justice
Chief Justice
Court election
Merit plant
Partisan election
ElectiRd by supreme and
district judges
Nonpartisan ballot
Remainder of term
$38,165
is justice
14 years
$75,000
8 years
$55,440
5 >Tars unless term
$40,700
expires earlier
6 years
$55,000
Court rotation
Court rotation
Court election
,,Seniority of service
Appointed by legislature
2 years
2 years
6 years
Remainder of service
as a justice
Life
Elected by legislature
Court election
',Gourt rotation
Partisan election
Partisan election
10 years
4 years
Pleasure of court
6 years
6 years
Justice with shortest
time to serve
Appointed by Governor with
consent of Senate
Seniority of.aervice
Justice with shortest time to
serve
Court rotation
Seniority of service
Court election
Remainder of term
as justice
6 years
$48,000
$48 ,000
$52,637
$57,500
$44,732 to $53,678
$62,177
$37,000
$57,200
$57,200
$38,500
$37,180
Remainder of service
$56,500
as a justice
2 years
$51,500
1 year
ReMainder of service
as a justice
Pleasure of court
AMERICAN SAMDA
Chief Justice
Appointed by Governor
DISTRICT OF COLUMBIA
Chief Justice
Merit plant
GUAM
(Does not apply.
Guam does not have its own
PUERTO RICO
Chief Justice
Appointed by Governor with
consent of Senate
VIRGIN ISLANDS
(Does not applP! The Virgin Islands do not have their
11.
4 years
court of last resort.)
To age 70
Key:
own court
$38,000
$63,32e
$48,500
$60,000
$52,250
$36,600
of last resort.)
1)(-1t
Chief justice is selected through a state merit
plan.
Refer to Tables 11 and 12 for a de :)iption of
state merit plan.
Source:
State Court Administrators; staff review of State Statutes; National Center for State Courts,
Survey of
Judicial Salaries, (Williamsburg, Virginia:
National Center for State Courts, 1980), Volume
6, timber 1,
pp. 4-lI; National Court Statistics
Project, State Court Caseload Statistics:
Annual Report 1977-78,
(Williamsburg, Virginia:
National Center for State Courts, 1981).
.00
9
Table 3:
Judges of intermediate appellate courts, 1980.
Name of court, number of court districts, number of authorized judges,
method of selection, term, and salary.
IV
0
N
0 N
. U
..4
W
....,
W W
w
State and court title
Method of selection
Term
Salary
ALABAMACourt of Criminal Appeals ...
1
5
Partisan election
6 years
$40,660 .....,Y--
Court of Civil Appeals
1
3
Partisan election
6 years
$40,660
ALASKACourt of Appeals
1
3
Merit plant
rs
$69,246
ARIZONA--Court of Appeals
2
12
Merit plant
$45,500
ARKANSASCourt of Appeals
1
6
Partisan election
8 years
$39,803
CALIFORNIA--Courts of Appeal
5
59
Appointed by Governor and
confirmed by Commission
12 years
$68,303
Judicial Appointments
COLORADO Court of Appeals.
1
10
Merit plant
8 years
$37,000$41,500
CONNECTIWTAppellate Sessions
of tfie Superior Court
1
3b
Appointed by Chief Court
Administrator from among
At the plea $30,210$40,810
sure of the
Superior Court judges
Chief Court
Administrator
FLORIDA--District Court of Appeal
5
39
Merit plant
6 years
$46,063
GEORGIA--Court of Appeals
1
9
Partisan election
6 years
$48,842
HAWAIIIntermediate Court of
Appeals
1
3
Merit plant
10 years
$43,750
IDAHO--0Ourti4f
Appealsa
1
3
Nonpartisan electionc
6 yearsc
Not established
ILLINOIS--Appellate Court
5
34f
Partisan election
10 yearsd
$53,000
INDIANA Court of Appeals
4
12
Merit plant
10 years
fW2,UOU
(with $3,000
subsistence
allowance)
IOWACourt of Appeals
1
5
Merit plant
6 years
-$46,500
KANSASCourt of Appeals
1
7
Merit plant
4 years
$37,000
KENTUCKY--Court of Appeals
14
Nonpartisad ballot
8 years
$47,000
LOUISIANA--Court of Appeal
4
33
Nonpartisan election
10 years
$58,673
MARYLANDCourt of Special Appeals
1
13
Merit plant
10 years
$53,500
MASSACHUSETTSAppeals Court
1
10
Merit plaht
To age 70
$47,000
MICHIGAN--Court of Appeals
3'
18
Nonpartisn election
6 years
$55,550
MISSOURI--Court of Appeals
3
30
Merit planf
12 years
$47,500
NEW JERSEY--Appellate Division of
$53,000
the Superior Couit
1
21
Appointed by Governor
7 years
with advice and con
sent of the Senate
10
State and court title
Method of selection
Term
Salary
NEW KEXICO- -Court of Appeals
1
7
Partisan election
8 years
$36,456
NEW YORKAppellate Divisions of
the Supreme Court
4
24
Writ plant
5 years
$62,000
Appellate Terms of the Supreme
Court
3
9e
Appointed by Chief Admin-
istrator and approved by
14 years
$58,000
the Presiding Judge of
the ApidEllate Division
NORTH CAROLINA- -Court of Appeals
1
12
Partisan election
8 years
$51,396
0810--Court of Appeals
11
44
Nonpartisan election
6 years
$47, 000
ORLAHOMA--Court of Appeals
2
6
Nonpartisan election
6 years'
$45, 000
OREGON--Court of Appeals
1
10
Nonpartisan election
6 years
$50,134
PENNSYLVANIASuperior Court
1
7
Partisan election
10 years
$53,000
Commonwealth Court
1
9
Partisan election
10 years
$53,000
SOUTH CAROLINA- -Court of,Appeals4
1
5
Elected by legielature
6 years
Not established
TENNESSEECourt of Appeals
1
12
Popular election
8 years
$52,983
Court of Criminal Appeals
1
9
Popular election
8 years
$52,983
TEXAS--Courts of Civil Appeals
14
51
Partisan election
6 years
$48,200 (CJ)
$47,700 (AJ)
WASHINGTON--Court of Appeals
3
16
Nonpartisan election
6 years
$48,100
WISCONSINCourt of Appeals
4
12
Nonpartisan election
6 years
$51,372
Note:
Only states with intermediate appellate courts are included on
this table.
le
Key:
CJ
Chief justice
AJ
Associate justice
t
Judges are selected through a state merit plan.
Refer to Tables 11 and 12 for a description of the state
merit plan.
'Court of Appeals hes been established by the legislature.
It is to be implemented in 1981.
bThree judges of the Sup4T or Court of Connecticut are selected to serve as judges
of the Akpealate Sessions.
cUpon imilementation of t is court, initial judges will be appointed
by the governor to staggered terms.
dInitialulterm is 2 years.
After retention 'election, subsequent terms are 10 years.
eNine judges of the Supreme Court, the New York court of general
jurisdiction, serve as judges of the Appellate
Term.
tThe Illinois Appellate Court is also served by 7 judges on assignment from the
Circuit Court or recalled from
retirement.
gThe New Jersey Appellate Division of the Superior Court has 22 judges
authorised but one is designated as the
state court administrator.
Scluree:
State Court Administrators; NCSP/staff review of state statutes; National Center for State Courts, Survey
of Judicial Salaries, (Williamsburg, Virginia:
National Center for State Courts, 1980), Volume 6, Numb r
1, pp. 4-11; National Court Statistics Project, State Court Caseload Statistics:
Annual Report 1977 anil
78, (Williamsburg, Virginia:
National Center for State Court, 1981).
11
Table 4:
Judges of courts of general jurisdiction, 1980.
Name of court, number of authorized judges, term, and salary.
State and court title
Number of
authorized
judges
(years)
Term
Salary
Local
Base amount
supplement
ALABAMA--Circuit Court
113
6
$34,000
$1,200 to $14,000
ALASKA--Superior Court
21
6
$66,900 to $78,608
ARIZONA--Superior Court
80
4
$43,500
ARKANSAS-Circuit Court
33
4
$39,441
Chancery Court and Probate Court
30
6
$39,441
CALIFORNIA--Superior Court
607
6
$56,915
COLORADO--District Court
106
6
$33,000 to $38,350
CONNECTICUT--Superior Court
110
8
$30,210 to $40,810
DELAWARE-- Superior Court
11
12
$46,500 (PJ)
$46,000 (AJ)
Chancery Court
3
12
$46,500 (C)
$46,000 (VC)
FLORIDA--Circuit Court
302
6
$43,709
GEORGIA--Superior Court
110
4
$41,328
$15,288
HAWAII--Circuit Court
25
10
$42,500
Land Court
(1 Circuit Court
judge serves)
Tax Appeal Court
(1 Circuit Court
judge
serves)
IDAHO--District Court
29
4
$35,000
70 M
4
$10,500 to $28,000
ILLINOIS--Circuit Court
677
6
$50,500
4 (U)
$45,000
INDIANA-Circuit Court
88
6
$35,000 to $37,500
Superior Court
83
6
$35,000 to'$37,500
IOWA-Distris, Court
92 FT;
3 PT
'6
$45,500
13 AJ
4
$43,500
17 judicial M
4
$36,000
9 substitute M
166 FT M
2
$10,000
KANSAS-District Court
70
4
$34,750
67 (AJ)
4
$32,667
Up to $1,000
74 M (73.5 FTE)
4
$14,000 to $17,996
KENTUCKY--Circuit Court
.
91
8
$45,000
LOUISIANA-District Court
161
6
$55,712
MAINE--Superior Court
14
7
$33,705
MARYLAND-Circuit Court
97
15
$52,500
MASSACHUSETTS--Superior Court
Department
56
Lifs
$42,500 to $44,500
Housing Court Department
3
Life
$42,500 to $44,500
Land Court Department
3
Life
$42,500 to $44,500
Probate and Family Court Department
.
33
Life
$42,500 to $44,500
Boston Municipal Court Department ...
9
Life
$42,500 to $44,500
Juvenile Court Department
7
Life
$42,500 to $44,500
District Court Department
153
Life
$42,500 to $44,500
MICHIGAN--Circuit Court
147
6
$33,275
$5,500 to $22,710
Recorder's Court of Detroit
26
6
$55,757
MINNESOTA-District Court
72
6
$48,000
MISSISSIPPI-Circuit Court
30
4
$41,000
Chancery Court
35
4
$41,000
MISSOURI--Circuit Court
131
6
$45,000
169 (AJ)
$32,500 to $38,500 (AJ)
MONTANA--District Court
32
6
$39,000
NEBRASKA-District Court
45
6
$39,500
Up to $1,500
ía
12
Table 4:
Courts of general jurisdiction-muse of state court,
number of authorized judges, term, and salary.
4
State and court title
Number of
authorized
judges
Term
(years)
Base amount
Salary
Local
supplement
NEVADA--District Court
29
NEW HAMPSE4RE-Superior Court
15
NEW JERSEY--Superior Court
214
NEW MEXICO-Eristrict Court
44
NEW YORK--Supreme Court
263
County Court
104
NORTH CAROLINA--Superior Court
NORTH DAKOTA-District Court
OHIO--Court of Common Pleas
OKLAHOMA--District Court
4
Until
age 70
Life
6
14
10
$43,000
$43,590 (CJ)
$42,450 (AJ)
$51,500
$35,317
$58,000
$48,000 to $58,000
66
8
24
6
313
6
71 district judges
4
77 associate
4
district judges
$45,636
$36,750
$33,000 to $43,500
$40,000
$30,000 to $36,000
50 special judges No fixed term
$30,000
OREGON--Circuit Court
75
Tax Court
1
PENNSYLVANIA-Court of Common Pleas
285
RHODE ISLAND-Superior Court
19
SOUTH CAROLINA--Circuit Court
31,
6
6
10
Life,
6
$46,586
$47,174
$47,500 (PRA
$45,000 (AJ)
$42,411 to $50,893 (PJ)
$41,251 to $49,501 (AJ)
$55,088
SOUTH DAKOTA--Circuit Court
36 judges
7 FT lawyer M
11 PT lawyer M
22 lay M
65 clerk/M
TENNESSEE--Circuit Court
58
,
Criminal Court
26
Chancery Court
27
Law.and Equity Court
5
TEXAS-District Court
310
UTAH--District Court
24
8
4
8
8
8
8
4
6
$40,000 to $41,000
Up to $31,115
Up to $12,344
$48,166
$48,/66
$48,166
$48,166
$40,500
$36,000
Up to $14,200
VERMONT--Superior Court
1
(ADJ)
9
28 (ASJ)
V1RGINIA-Circuit Court
111
WASHINGTON--Superior Court
118
WEST-VIRGINIA--Circuit Court
60
WISCONSIN--Circit Court
190
WYOHING--District Court
15
AMERICAN SAMOA - -High Court of
American Samoa
DISTRICT OF COLUMBIA - -Superior Court
GUAM--Superior Court
PUERTO RICO--Superior Court
6
4
8
8
6
6
$37,630
$35,550
$41.50 per day
$47,000
$44,700
$38,000
$49,176
$46,000
7a
4
(Information not available)
44
15
$49,550 (CJ)
$49,050 (AJ)
5
8
(Information not available)
92
12
$30,000
Key:
ADJ
Administrative judge
AJ
Associate judge
ASJ
Assistant judge
C
Chancellor
CJ
Chief jUdge
FT
Full-time
F.
FTE
Full-time equivalent
M
Magistrate
PJ
Presiding judge
PRJ
President judge
FT
Part -tiem
VC
Vice chancellor
!The general jurisdictioe divisions of the High Court
of
"not less than" 5 judges.
Source:
State Court Administrators; National Center for
(Williamsburg, Virginia:
July, 1980).
American Salem are served by 2 justices and
State Courts, Survey of Judicial Salaries
13
Table 5:
Judges of courts of limited or special jurisdiction, 1980.
Name of court, number of authorized judges, term, and salary.
State and court title
ALABAMA - -District Court
Probate Courit
Municipal Cobrt
ALASKA--District Court
ARIZONA--Justice of the Peace Court
City Magistrate Court
ARKANSAS-Municipal Court
Courty Court
Court of Common Pleas
Justice of the Peace Court
Police Court
City Court
CALIFORNIA-Municipal Court
Justice Court
COLORADO--Superior Court
Denver Juvenile Court
Denver Probate Court
County Court
Municipal Court
CONNECTICUT-Probate Court
DELAWARE--Court of Common Pleas
Family Court
Municipal Court of Wilmington
Alderman's court
Justice of the
FLORIDA--County Cou
rt
Number of
authorized
judges
Term (years)
Salary
88
6
$24,750; $11,000 (LS)
67
6
$
300 to $38,000
215
4 (FT)
$
500 to $33,400
2 (PT)
23 (FT)
4 (FT)
$54,480 to $64,104
46* (PT)
(PT determined by
$ 8,683 to $45,884
local authorities)
84
4
$8,000 to $20,500
94
Provided by city
ordinance
Up to $46,342 (set by
Mayor and City Council)
4 (FT)
4
$ 2,400
o $35,500
94 (PT)
75
2
$ 9,000 to $24,000
(a)
2
$
100 to $900e
2
2
$
1,200 to $3,600
3
2
$ 1,200 to $3,600
76
$ 1,200 to $3,600
472
6
$52,366
96
6
$42,345
1
6
$42,500
3 (PT)
6
$42,500
1
6
$42,500
108 (89.3
FTE)
4
$
7,300 to $32,850
($36,500 in Denver)
15 (FT)
Set
by local
Set by local ordinance
225 (PT)
ordinance
130
4
Fees up to $40,810
5
12
$45,500 (CJ); $45,000 (AJ)
12
12
$45,500 (CJ); $45,000 (AJ)
3
12
$32,748 (CJ); $31,579 (AJ)
$13,684 (AJ-47)
20
Set by local
Set by local ordinance
GEORGIA-Trobate Court
Juvenile Court
Justice of the feachlOr
State Court
Small Claims Court
Municipal Court (in Savanah and
Columbia)
Magistrate Court
...
County Court
A Civil Court
.7-
Recorder's Court
Mayor'rCourt
City Council Court
Criminal Court, Police Court, and
Municipal Court (other locations)
...
54b
198
ordinance
4
4
$17,000
$41,248
159
4
$ 7,200 to $44,254
48
4
$22,079 to $45,519
(FT)
$ 3,000 to $25,620
(PT)
1,531
4
(Not available)
77
4
$15,000 to $44,800
(FT)
$ 2,400 to $24,000
(PT)
97 (PT)
4c
(Not available)
2
4
Op to $49,779
5
4d
(Not available)
2e
4
k
$ 3,600 to $12,000
3
4
(Not available)
259 (PT)
(Not available)
(Not available)
129 (PT)
(Not available)
(Not available)
6
(Not available)
(Not available)
(Not available)
(Not available)
(Not available)
14
State and court title
Number of
authorized
Judges
'/rern (years)
Salary
HAWAII--District Court
INDIANA-County Court
Probate Court
Municipal CouA of Marion County .
Small Claims Court,of Marion County
City Court
Town Court
18 (FT)
6
65
4
1
15
4
8
4
47
4
19
4
KANSAS-Municipal Court
1
(FT)
2
355 (PT)
KENTUCKY--District Court
123
4
LOUISIANA-Juvenile Court
9
6
Family Court
3
6
,
City Coutt
11
(FT)
6
49 (PT)
Parish Court
5
6
Municipal Court of New Orleans
4 (PT)
8
Traffic Court of New Orleans
4 (PT)
8
Justice of the Peace Court
376 (PT)
4
Mayor's Court
250 (PT)
4
MAINE--District Court
Probate Court
Administrative Court
MARYLAND-,-District Court
Orphans' Court
20
7
16
4
2
7
87
10
66 (PT)
4
MICHICAN-Diitrict Court
214
6
Probate Court
106
6
Municipal Court
8
4
Common Pleas Court of
DIeroit
13
6
$40,000
$30,500
$35,000 to $37,500
$35,000 to $37,500
(Not available)
(Nbt available)
(Not available)
Up to $18,678
$38,500
$55,712
(Not available)
$17,600
($46,060 in New Orleans)
$35,000 to $49,800
$17,600
$17,600
$ 1,200 to $1,800
(Not available)
$34,347 (CJ); $33,202 (AJ)
$34,347 (CJ); $33,202 (kJ)
(Not available)
$53,500 (CJ); $45,500 (AJ)
$
600 to $22,00 (PT)
$9,950; LS up to $20,070
$29,950 (FT); LS up to $22,675
$9,000 to $18,000 (PT)
$ 3,000 to $17,470
$48,659
MINNESOTA--Probate Court
2
6
$48,000
County Court
136
6
$48,000 (Leiined in law)
$29,500 (Not learned in laW
County Municipal Court
28
6
$48,000
Conciliation Court
(County Judges and hearing officers serve.)
MISSISSIPP4-County Court
Family Court
Justice Court
Municipal Court
MONTANA-Justice Court
City Court .
Municipal Court
Water Court
NEEKASKA-County Court
Municipal Court
Separate Juvenile Court
Workman's Compensation Court
13 (FT)
7 (PT)
1
420
150 (PT)
(Not available)
4
4
Locally set
$ 5,400 to $40,000
$29,000
Locally set
Locally set
90
4
Up to $23,000
100
Indefinite
Variable
2
4
Set by ordinance
(Four District Court judges serve.)
43
13
4
5
6
6
6
6
$28,500 to $34,450
$35,700
$39,500; $1,500 supplement for
population exceediftg 150,000
$37,050
15
,
Table 5:
Judges of courts of limited or special jurisdiction, 1980 (continued)
State and court title
Number of
authorized
judges
/
Term (years)
Salary
r.
NEVADA--Justices' Court
Municipol Court
NEW HAMPSHIRE-Probate Court
District Court
MUnicipal Court
NEW JERSEY--County District Court
Juvenile and Domestic Relations Court
\
60f
21
10 (PT)
9 (FT)
75 (PT)
S (SJ)
15 (PT)
39
33
4
IR
Until age 70
Until age 70
Until age 70
(Not available)
(Not available)
$
434 to $32,000
$ 1,080 to $32,000
$13,718
$ 4,100 to $42,450
$
600 to $5,100
$48,000
Surrogate's Court
21
5
Up to $35,900
Municipal Court
2 (FT)
3
Up to $40,000
370 (PT)
Tax Court
9 (FT)
7
(Not available)
NEW MEXICO- -Magistrate Court
11 (FT)
4
$ 4,830 to
22,329
61 (PT)
Municipal dglirt
96
4
$28,139'
Probate Court
32
2
$ 1,000 to $7,040
Small Claims Court of Alburquerqueh
1
4
Metropolitan Court of Bernalillo
Countyh
11
NEW YORK--Surrogates' Court
35
10; 14 in NYC
$48,000 to $58,000
($56,098 in NYC)
Family Court
107
10
$48,000 to $58,000
($48,603 in NYC)
Civil Court of the City of New York
120
10
$51,000
Criminal Court of the City of New York
98
10
$511,000
District Court
49
6
$49,000 to $54,000
City Court (outside the City of
New York)
101 (FT)
Varies
$43,000 to $50,000
60 (PT)
Court of Claims
.
17
qc
$58,000 to $62,000
26 (SJ)i
$58,000 (SJ)
Town Justice Court and Village
Justice Court
2,424 (FT)
4
$45,496.to $56,098
NORTH CAROLINA--District Court
136
4
$38,412 (CJ); 436,960 (AJ)
NORTH DAKOTA--County Court
-iv
.
36
4
$11,900 to $12,290
County Court with Increased
Jurisdiction
17
4
$23,819 to $31,305
County Justice Court
36
4
Up to $7,000
Municipal Court
190
4
See by each municipality
OHIO--Municipal Court
189
6
$28,750 to $38,750 (FT)
$15,000 to $25,000 (PT)
County Court
.59 (PT)
6
$ 6,500 to $13,500 (PT)
Mayor's Court .
690
Determined by
(Not available)
Mayor's poli4ical
term.
Court of Claims
(Served by Ohio appellate or general jurisdiction judges on
temporary assignment.)
16
State and court title
Number of
authorized
judges
Term (years)
Salary
OKLAHOMA--Municipal Criminal Court of
Record
6 (FT)
2
Set by local ordinance
13 (PT)
Municipal Court Not bf Record
1
(FT)
2
by local ordinance
533 (PT)
Court of Bank Review
(Three District Court judges serve.)
Court of Tax Review,
(Three District Court judges serve.)
Worker's Compensation Court
(Seven District Court Judges serve.)
OREGON--District Court
55
Justice Court
40
County Court
9
Municipal Court
193
PENNSYLVANIA--District Justice Court
Community Court1
Philadelphia Municipal Court
Philadelphia Traffic Court
Pittsburgh Magistrates Codrt
RHODE ISLAND--Famlly Court
District Court
Probate Court
Municipal Court
SOUTH CAROLINA--Family Court
Probate Court
Magistrate's Court
Municipal Court
TENNESSEE--County Court
General Sessions Court
Probate Court
Juvenile Court
Trial Justice Court
Municipal Court
TEXAS--County Courts:
Constitutional County Court
County Court of Law
Probate Court
Justice of the Peace.,Court
Municipal Court
UTAH--Circuit Court
,Justice Court
Juvenile Court
VERMONT- -District Court
Probate Court
VIRGINIA--General District Comrt
Juvenile and Domestic Relations
District Court
6
6
6
(Not available)
$41,757
$ 1,020 to $16,800
(Not available)
$29,664 (FT)
$ 2,100 to $22,020 (PT)
555
6
$14,500 to $23,500
(j)
10
(Not yet established)
22
6
$41,500 (PJ); $40,000 (AJ)
6
1
$22,000 (PJ); $21,000 (AJ)
6
4 (at the pleasure
(Not available)
of.the mayor)
11
13
39 (PT)
5 (PT)
46
46
330
250
68
92
2
6
2
192
254
98
8
972
863
33
170
9
14
19 (PT)
83 (FT)
15 (PT)
65
WASHINGTON--Municipal Court
206
.
District Court
63 (FT)
31 (PT)
Justice of the Peace Court
21
Life
$45,380 to $54,456 (CJ)
$44,139 to $52,966 (AJ)
Life
$42,300 to $50,760 (CJ)
$41,058 to $49,269 (AJ)
2
Up to $12,069
2
(Not available)
4
4
2 or 4
4
4
8
Locally determined
Locally determined
8
Locally determined
4
4k
(Not available)
4
2k
$47,275
Locally set
Locally set
Locally set
Locally set
$ 1,800 to $36;380
Locally set
Locally set
Locally set
Locally set
$
600 to $61,137
$ 5,764 to $59,900
$ 5,764 to $54,587
$18,000 to $24,000
Up to $34,000
6
$32,400
4
Varies up to 75% of Circuit
Judge's salary ($24,300)
6
$36,000
6
4
6
6
4
'4
$35,550
$ 7,290 to $27,6508
$42,300
$42,300
Up to $44,700
$35,000
4
$ 1,500 to $22,500f
17
;i
Table 5:
Judges of courts of limited or special jurisdiction, 1980 (continuelf)
State and court title
Number of
authorised
judges
Term (years)
Salary
WEST VIRGINIAMagistrate Court
150
,
4
Municipal Court
54
Locally set
)
WI§CONSINMuhicipal Justice Court
216
2 or 4, laally
set
WYOMING --County Court
4
Justice of the Peace Court
43 (PT)
Municipal Coriirt
AMERICAN SAMOADistrict Court
Village Court
PUERTO RICO--District Court
Municipal Court
4
4
77 (PT)
Locally set
$14,000 to $21,000
Locally set
Locally set
$25,000 to $32,500
$ 4;800 to $15,000
(Fixed by Board of
County Commissioners)
Locally set, not to
exceed $10,000
1
$32,000
(Associate justices of the High CoUrt of American Samoa serve.)
99
8
60
5
$24,000
$15,000 to $16,000
VIRGIN ISLANDS--Territorial Court of
Virgin Islands
6
6
$47,500 (PJ); $45,000 OW
Key:
AJ
Associate judge
CJ
Chief judge
FT!
Full -Ulm equivalent
FT
LS
Local supplement
PJ
Presiding judge
PT
Part-time
SJ
Special judge
aCounty judges also serve the Arkansas Common Pleas Court and are paid based on case volume.
bThe DelaWare Justice of the Peace Court is served by 53 justices of the
peace and 1 chief magistrate.
cThe term of judges in the Georgia Small Claims Court varies from 1
to 4 years, but isIgenerally 4 years.
dIn Rockdale County, Georgia, judges of Magistrate Court
serve 2-year terms.
fiOne probate judge also serves the Georgia County Court.
fNiSe justices of the peace An Nevada also serve as Municipal Court judges.
SThe term for the Nevada Municipal Court is
n unless changed by local ordinance.
bThe Metropolitan Court of Bernadillo Count
Alburquerque will be abolished at that ti
iSpecial judges in the Court of Claims in New Yo
to be established on July 1,
1980.
The Small Claims Court of
been appointed pursuant to Chapter 603, Laws of 1973,
Emergency Dangerous Drug Control Program.
They serve until the-termination of their judgeship.
3Pennsylvania law provides for the creation of the Community Court but
as yet none has been created.
bThol term is genebelly as given in these Texas courts, but it can vary.
'Judges in the Washington Justice of the Peace Court are considered as full-time if they receive a salary greater
than $12,500.
Source:
State Court Administrwrs.
18
Table 6:
Qualifications of appellate justices and judges, 1980:
LicS. citizenship, legal training andlicensing, residency, age, and legal
experience.
State
Admitted
Residency requirement
Age
U.S.
Law
to state
prior to serving (years)
require
Legal
citizenship
degree
bare
State
District
ments:
experience
ALABAMA
Yes
Yes
Yea
5
over 25
ALA3KA
Yes
Yes
Yes
3
8 years
ARIZONA
Yes
Yes
Yes
10b
over 30
10 yearsb
ARKANSAS
Yes
Yesc
2
over 30
8 years
CALIFORNIA
Yes
Yee
Yes
over 28
10 years
r
COLORADO
Yes
Yes
Yea
CONNECTICUT
Yes
DF.LAWARE
Yes
FLORIDA ..
Yes
Yes
Yes
GEORGIA
Yes
Yes
1
3
over 30
HAWAII
Yes
Yes
Yes
1
IDAHO
Yes
Yes
Yes
1
between 30
and 70
,
ILLINOIS
Yes
Yes
Yes
.
INDIANA
Yes
Yes
Yes
5
sover 21
IOWA
Yes
Yes
Yes
5 years
7 year s
10 yearr
10 yearsd
KANSAS
Yes
over 30
10 years
KENTUCKY
Yes
Yes
Yes
2
2
8 years
LOUISIANA
Yes
Yes
2
2
5 years
MAINE
Yes
Yesc
MARYLAND
Yes
Yes
Yes
5
180 days
over 30
MASSACHUSETTS
(No qualifications are required by state constitution.)
MICHIGAN
Yes
Yes
under 70
MINNESOTA
Yee
MISSISSIPPI
Yes
Yes
Yes
5
over 30
5 years
MISSOURI
Yes
Yes
Yes
9e
over 30
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
t :
Yes
Yes
Yes
2
5 years
Yes
Yes
Yes
5
over 30
5 years
Yes
Yes
Yes
2
over 25
(No qualifications ere required by state constitution, statute, or court rule.)
Yes
Yes
(0
(0
ove r 28
10 years
NEW MEXICO
Yes
Yee
3
NEW YOIOC
Yes
Yes
Yes
NORTH CAROLINA
Yes
Yes
Yes
1 month
NWH DAKOTA
Yes
Yesc
OHIO
Yes
Yes
Yes
t.,1
I
over 30
over 18
over 21
3 years
10 years
6 years
)
20
State
Admitted
U.S.
Law
to state
citizenship
degree
bare
Residency requirement
prior to serving (years)
State
District
OKLAHOMA
Yes
Yes
Yes
1
1
OREGON
Yes
Yes
Yes
3
PENNSYLVANIA
Yes
Yes
Yes
1
RHODE ISLAND
Yes
2
SOUTH CAROLINA
Yes
Yes
Yes
5
SOUTH DAKOTA
Yes
Yes
,
Yes
1
TENNESSEE
Yes
Yes
5
TEXAS
Yes
Yes
UTAH .
Yesc
Yes
4
5
VERMONT
Yes
Yes
Yes
VIRGINIA
---1-5----
Yes
Yes
WASHINGTON
Yes
Yes
Yes
1
WEST VIRGINIA
Yes
Yes
5
WIS.CONSIN
r.
Yes
Yes
Yes
6 months
WCMING
Yes
Yesc
3
AMERICAN SAMOA
(Information not available)
DISTWT OF COLUMBIA
Yes
Yes
Yes
90 days
GUAM
(Information not available)
PUERTO RICO
Yes
Yes
5
VIRGIN ISLANDS
(Information not available)
Age
require
Legal
ments
experience
,
over 30
5 yearsh
over 18
over 21
over 21
over 26
5 years
over 18
between 35
and 70
over 35
10 years
over 30
Experience
required
5 years&
5 years
over 21
over 30
10 years
between 25
5 years
and 70
over 30
9 years
5 years
10 years
Note:
This table lists only qualifications required by constitution, statute, or court rule.
eRequirement may also specify number of years as member of the bar.
hFor the Alaska Court of Appeals, the intermediate appellate court, 5 years minimum residency and 5 years legal
experience are required.
Figures given on the table are for the Supreme Court.
cRequirement is that Justices must be "learned in the law."
dJustice must have been a member of state bar for 10 years or a trial judge for 5 years.
eFigure shows required number of years as a qualified voter.
fResidence or principle law office in the state is required.
&Justice must have 5 out of 10 years legal experience as practicing attorney or judge preceding appointment or
election.
hThe figure given for required legal experience in Oklahoma is for the Supreme Court and Court of Crimlnal Appeals.
Only 4 years of legal experience is required for a judge on the Court of Appeals. ,
Sources:
Council of State governments, State Court Systems (Lexington, Kentucky:
Council of State governments, May,
1978) pages 6 and 7.
American Bar Association--National Center for State Courts, Implementation of
Standacds for JudicialAdministration Project, State Court Organization Profile series (Williamsburg,
VirgEni*:
National Center for State Courts, 1977-1980): NCSP staff review of sty.e statutes; State Court
Administrators.
21
Table 7:
Qualifications of judges of general juridiction courts., 1980.
U.S. citizenship, legal training and licensing, residency, age, and legal
experience.
State and court name
Legal
U.S.
Admitted
Residency requirement
Age
experi-
citizen-
Law
to state
prior to serving (years)
require-
ence
ship
degree
bar (years)
State
District
ments
(years)
..
,
ALABAMA
ALASKA
Yes(5)
ARIZONA
Yes
ARKANSAS
Yes
CALIFORNIA
Yes
Yes
47
1
Under 70
Yes
5
5
Yes
5
30 or over
5
Yes
2
28 or over
6 '
Yes(10)
COLORADO
Yes(5)
(b)
(a)
CONNECTICUT .
Yes
DELAWARE:
\
Court of Chancery
Yes
(a)
Superior Court
Yes
(a)
(c)
FLORIDA
Yes(5)
4.(b)
(a)
Under 70
5
GEORGIA
Yes
-,3
30 or over
I
7
HAWAII
Yes
10
IDAHO:
4
District Court:
Judges
Yes
(b)
30 to 70
5
Magistrates
(b,d)
ILLINOIS
Yes
Yes
(a)
(a)
INDIANA
Yes
(a)
(a)
IOWA:
District Court:
Judges
Yes
(a)
Associate judges
Yes
Judicial magis-
trates
Yese
(b)
'
Under 72
KANSAS:
District Court:
.
Judges
Yes
(a)
30 or over
5
Associate judges
Yes
(a)
30 or over
5
Magistrates
Yesf
(a)
KENTUCKY
Yes
Yes
2
2
8
LOUISIANA
Yes
Yes(5)
2
2
5
MAINE
Yes
(g)
MARYLAND
Yes
Yes
5b
6 months
30 or over
MASSACHUSETTS
(No Acalifications are required by state constitution.)
MICHIGAN
Yes
Yes
(b)
(b)
Under 70
MINNESOTA
(g)
MISSISSIPPI
Yes(5)
5
26 or over
5
MISSOURI:
Circuit Court:
Judges
Yes(10)
Yes
3b
1
30 or over
Associate judges
Yes
(b)
(a)
25 or over
MONTANA
Yes
Yes
Yes(5)
2
(a)
5h
NEBRASKA
Yes
Yes
Yes
(a,b)
30 or over
5
NEVADA
Yes
2
25 or over
NEW HAMPSHIRE
(No qualifications are required by state constitution, statute, or court rule.)
NEW JERSEY
Yes(10)
10
NEW MEXICO
(g)
Yes(3)
3
30 or over
3
NEW YORK:
Supreme Court
Yes(10)
10
County Court
Yes(5)
5
NORTH CAROLINA
Yes
Yes
Yes
1 month
1 month
21 or over
NORTH DAKOTA
Yes
(8)
(a)
OHIO
Yes
Yes
(a)
6i
22
r"
State and court name
Legal
U.S.
Admitted
Residency requirement
Age
experi
citizen
Law
to state
prior to serving (years)
require
ence
ship
degree
bar (years)
State
District
ments
(years)
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
Yes
SOUTH CAROLINA
Yes
SOUTH DAKOTA
Yes
TENNESSEE
TEXAS
Yes
UTAH
VERMONT1
VIRGINLA
WASHINGTON
WEST VIRGINIA
WISCONSIN
Yes
WYOMING
Yes
Yes
Yes
Yes
6
6b
4J
Yes
3
1
Yes
1
Yes
21 or over
Yes
5
1
26 or over
5
Yesk
(a)
(b)
Yes
5
(a)
30 or over
Yes
2
2
25 or over
4
Yes
3
(a)
25 or over
N
Yes
5
Yes(5)
(a)
(a)
5
Yes
Yes
5
30 or over
5
Yes
,
(b)
(a)
25 to 70
5
Yes
2
28 or over
AMERICAN SAMOA
(m)
*
DISTRICT OF COLUMBIA
Yes
Yes
Yes
90 days
5
GUAM
Yes
6 months
PUERTO RICO
Yes
25 or over
5
Note:
This table lists only qualifications required by constitution, statute, or court rule.
I
mThe only residency requirement i
hat the person be a resident of the area during his term with no specification of
the time period.
hThe person is required to be a quali
voter of the area.
,
cAt least one of the Delaware Superior Court judges must live in each of the state's three counties.
dThe residency requirement for Idaho District Court magistrates may be waived if no q alified resident voter is
available.
Magistrates must also have a high school diploma or equivalency degree 4d have attended an institute
on the duties and functidIns of a magistrate's office.
eThe requirement that magistrates of-the Iowa District Court be licensed to practice law applies only to those
serving fulltime, however, licensed attorneys must be considered first.
Nagistrates of the Kansas District Court can substitute certification by the Kansas Supreme Court for the
requirement that they be lawyers.
They must also be a high school graduate or its equivalent.
gJudge must be "learned in the law."
hJudges in the Small Claims Division of the Montana District Court are not required to have a specific number of
'years of legal experience.
.
iJudges of the Ohio Court of Common Pleas may substitute service as a judge in a court of record for the required
legal experience.
jAssociate judges of the Oklahoma District Court appointed after July 15, 1974 are required to have 2 years legal
experience.
kLay magistrates of the South Dakota Circuit Court are not required to be members of the state bar.
However, they
must have a high school education and attend a training course altimrvised by the South
Dakota Supreme Court before
taking office.
1Requirement8 given for the Vermont Superior Court apply only to judges.
There are no qualifications set by statute
for aseistant judges.
mThe only statutory requirement for justices that serve the High Court of American Samoa is that they be learned in
'
the law.
Sources:
Council of State Governments, State Court Systems (rington, Kentucky:
Council of State Governments, May,
1978): American Bar Association--National Center fo
State Courts, Implementation of Standards for Judicial
Administration Project, StatelCourt Organization Profile series (Williamsburg, Virginia:
National Center
for State Courts, 1977-1980); NCSP staff review of state statutes; State Court Administrators.
de
23
of
ia
Qualifications of judges of limited or special jurisdiction courts, 1980.
U.S. citizenship, legal training and licensing, residency, age, and legal
experience.
State and court name
Legal
U.S.
Admitted
Residency requirement
-..
Age
experi
citizen
Law
to state
prior to serviog (years)
require
ence
ship
degree
bar (years)
State strict
ments
(years)
ALABAMA:
District Court...1,
Yes
1
Probate Court
(a)
1
Municipal Court
Yes
(b)
ALASKA:
District Court
Yes
ARUONA:
,644tice of the
Peace Courtd
Cit
gis6-eite
Cour
(b)
(Other requirements for judges serving court are set by locality.)
Yes
Yes
5C
21 or over
3
(a)
(b)
18 or over
ARKA SAS:
nicipal Court
Yes
2
25 or over
b
County Courte
Yes
2
(a)
25 or over
Court of Common
Please
Yes
2
(a)
25 or over
Justice of the
Peace Court
(a,b)
PoliceCourt
(a,b)
City Court
(Person who is either a qualified voter or a licensed attorney may serve
this court in place of the mayor.)
CALIFORNIA:
Municipal Court
Justice Court
ORA
Denve
Superior
Cour
Denver Juvenile
Court
oh
Denver Probate
Court
County Court
Municipal Court
CONNECTICUT:
Probate Court
DELAWARE:
Family Court
Court of Common
Pleas
Municipal Court
of Wilmington
Justice of the
Peace Court
Aldermen's Court
)1(FLORIDA:
County Court
Yes
Yes(5)
54 dayeb
(a)
Yesk
(b)
(a)
Yee(5)
(b)
(a)
Yes(5)
(a,b)
Yeef
(a,b)
Preferred
Preferred
/ /-1/
(b)
/ 1
5
Yes
Varies
Varies
5
Yes
5
(a)
21 or over
(Locally established.)
18 or over
Yeti
(b)
(a)
Under 70
5
24
State and court name
U.S.
citizen-
Law
ship
degree
Admitted
to state
bar (years)
Residency requirement
_prior to serving (years)
State
District
Legal
Age
experi-
require-
ence
mots
(years)
GEORGIA:
Probate Court:
(less than 100,000
population)
(over 100,000
population)
Juvenile Court
Justice of the
Peace Court
State Court.
Small Claims Court
Municipal Court
Magistrate Court
County Court
Civil Court
All other courts
HAWAII:
District Court
INDIANA:
County Court
Probate Court
Municipal Court
of Marion County
Small Claims
3
21 or over
30 or over
3h
30 or over
3
3i months
Yes
3
Varies
(a)
21 or over
(a)
25 or over
5
(Requirements for judges serving this court vary from county to county.)
2
25 or over
(b)
25i or over
5
(Requirements for Judges serving this court vary, but usually include residency
and age specifications.)
Yes
Yes
Yes(5)
Yes
Yes
(a)
(a)
(a)
(a)
3
Under 70k
5
51
Court of Marion
County
Yes
Yee
1
1
City Court
(There are no statutorrrequirements set for judges serving this court.)
Town Court
(There are no statutory requirements set for Judges serving this court.)
KANSAS:
Municipal Court
Veen
(a,n)
18 or over
KENTUCKY:
District Court
Yes
Yes
2
2
2
LOUISIANA:
City Court
Yes
Yes (5)
2
2
5
Parish Court
Yes
Yes (5)'
2
2
5
Municipal Court
of New Orleans
Yes (5)
(b)
5
Traffic Court
of New Orleans
Yes (5)
(b)
5
Mayor's Court
2,(b)
Family Court
Yes
Yes (5)
2
2
5
Juvenile Court
Yes
Yes (5)
5
MAINE:
District Court
Yes
(a)
Probate Court
Yes
Ja)
Administrative
Court
Yes
(a)
25
Table 8:
ualifications of judges of limited or special jurisdiction courts, 1980
(continued)
State and court name
Legal
U.S.
Admitted
Residency requirement
Age
expert-
citizen-
Law
to state
s prior to serving (years)
require-
ence
ship
degree
bar (years)
State
District
ments
(years)
)
MARYLAND:
District Court..
'
Yes
Yes
5b
6 months
Orphans' Court
Citizen
1
MICHIGAN:
District Court
Yes
Yes
(b)
(b)
Probate Court
Yes
Yes
(b)
(b)
Municipal Court
Tee
Yes
(b)
(b)
Common Pleas Court
of Detroit
Yes
Yes
(b)
(b)
30 or
ver
Under 70
Under 70
Under 70
Under 70
411
MINNESOTA:
Probate Court
Yes
County Court
(o)
(a)
County Municipal
(o)
Court
Yes
(a)
Conciliation Court
(Tbis court,is served by hearing officer, and County Court judges.)
MISSISSIPPI:
County Court
Yes
5
25 or over
Yes
Family Court
Yes
5
25 or over
Yes
Justice Court
YesP
2
Municipal Courtg
Yes
(b)
MONTANA:
Justice of the
Peace Court
(a)
City Court
2s,(b)
Municipal Court
Yes(2)
2
(a,b)
Water Court
(This court is served by Judges of the District Court.)
NEBRASKA:
County Court
Yes
Separate Juvenile
Court
Yes
Yes
Yes
Municipal Court
Yes
Yes
Yes
Workmen's Compen-
nation Court
Yes
Yes
Yes
NEVADA:
Justices' Court
(r)
Municipal Court-
(r)
3
(a,b)
30 or over
(a,b)
30 or over
5
'
(a,b)
30 or over
5
(a,b)
30 or over
(b)
444
NEW HAMPSH/RE:
Probate Court
(There are no constitutional or statutory requirements set for judges serving this
court.)
District Court
Yess
(a)
Municipal Court
(t)
NEW JERSEY:
County District
Court .
Yes (10)
10
Juvenile and Do-
mastic Relations
Court
Yesu(10)
10u
Tax Court
Yes
10
NEW MEXICO:
Magistrate Court
Yes"
.
(a,b)
Municipal Court
(Qualifications for judges serving this court are set locally.)
Probate Court
Yes
1
Small Claims Court
of Alburquerque
Yes
2
25 or over
2
Metropolitan-Court
Yes
26
State and court name
Legal
U.S.
Admdtted
Residency requirement
Age
experi-
citizen-
Law
to state
prior to serving (Oars)
require-
ence
ship
degree
bar (years)
State
District
ments
(years)
NEW YORX:
Surroaate's Court
Yes(10)w
Family Court
Yes(10)w
Civil Court of the
City of New York
Yes
10
Criminal Court of the
City of New York
Yes
10
District Court
Yes
5
City Court
Yes
5
Court of Claims
Yes
10
Town Justice Court
and Village Justice
Court
(x)
10
NORTH CAROLINA:
District Court
NORTH DAKOTA:
County Court
County Court with
Increased Juris-
diction
County Justice
Court
...
Municipal Court
(y)
Yeoz
Ye
1 month
(a)
9 monthsb,z
OHIO:
Municipal Court .
Yes
(a)
6aa
County Court
Yes
(a,b)
2
Mayor's Court
(This court is served by the mayor and qualifications are set for that office.)
Court of Claims
(This court is served by active or retired judges of the Supreme Court, Court of
Appeals, or Court of Common Pleas on temporary assignment.)
OKIAHOMA:
Municipal Court of
Record
Yes
6
6b
2
Municipal Court Not
of Record
yesbb
Workers' Compensa-
tion Court
Yes(5),
Court ofTax Review
(This court is served by District Court judges.)
Court of Rank Review
(This court is served Iv District Court judges.)
OREGON:
District Court
Yes
3
1
Justice Court
6 months (b)
County Court
1,(b)
Municipal Court .
(No requirements are set for judges serving [his court, but many are attorneys.)
PENNSYLVANIA:
Cosmunity Court
Yes
Philadelphia
Municipal Court
Philadelphia
Traffic Court
Yes
Pittsburgh Mag-
istrates Court
Yes
District Justice
Court
Yes
Yes
27
Table 8:
Qualifications of judges of limited or special jurisdiction courts, 1980
(continued)
State and court name
Legal
U.S.
Admitted
Residency requirement
Age
experi-
citizen-
_Law
to state
prior to serving (years)
require-
ence
ship
degree
ber (years)
State
District
ments
(years)
'
RHODE ISLAND:
Family Court
Yes
21 or over
District Cour%
Yes
Probate Court
Yes
Municipal Court
(Qualifications for judges serving this court are 'set locally.)
SOUTH CAROLINA:
Family Court
Yes
Yes
Yes(5)
5
1
26 or over
5
Probate Court
(b)
Magistrate's Court
(There are no statutory requirements et for judges of this court.)
Municipal Court
(There are no statutory requirements set for judges of this court.)
TENNESSEE:
County Court
5
I
30 or over
General Sessions
Court
Yescc
5
1
30 or over
Probate Court
Juvenile Court
(Requirements for Judges serving this court vary according to the act creating each
Individual court.)
Trial Justice
Court
5
1
30 or over
Municipal Court
Yes
(Other requirements for judges serving this court vary from locality to locality.)
TEXAS:
County Court
(Requirements for judges serving this court vary according to the statute creating
the court.
Some include 2 to 5 years legal experience and residency in the
county.)
Justice of the
Peace Court
(There are no formal requirements set for judges serving this court.)
Municipal Court
(Requirements for Judges serving this court vary according to local ordinance.
However, all judges in courts of record must be licensed attorneys.)
UTAH:
Circuit Court
Justice Court
Juvenile Court
Yes
Ye
3
(a)
(b)
25 or over
VERMONT:
District Court
Yes
5
Probate Court
(Judges serving this court are not required by statute to be attorneys, however,
in practice, half of them are.)
VIRGINIA:
General District
Court
Juvenile and Do-
mestic Relations
Court
WASHINGTON:
Justice of the
Peace Court
District Court
Municipal aurt
WEST VIRGINLA:
Magistrate Court
Municipal Court
WISCONSIN:
Municipal Justice
Court
WYOMING:
County Court
Justice of the
Peach Court
Municipal Court
Ye
yesdd
Yes"
Not*
No
Yes
Yes
Yesee
Yee
5
21 or over
30 or over
State and court name
Legal
U.S.
Admitted
Residency requirement
Age
experi-
citizen-
Law
to state
prior to serving (years)
require-
enc.
ship
degree
bar (years)
State
District
ments
(years)
AMERICAN SAMOA:
District Court
(hh)
Village Court
(This court is served by justices of the High Court of AmericairSamoa.)
PUIRTO RICO:
District Court
Yes
21 or over
3
Municipal Court
Yes
21 or over
VIRGIN ISLANDS:
Territorial Court
of the Virgin
Islands
Yes
5
NOTE:
This table lists only qualifications required by constitution, statute, or court rule.
aThe only residency requirements is that the person be a resident with no specification of the time period.
brhe person is required to be a qualified voter of the aim
Magistrates of the Alaska District Court must have been residents of the state for 6 monthsfpreceeding their
appointment.
dArizona Justices of the Peace are also required to be able to read and write English.
'Arkansas County Court and Court of Coamon Pleas judges ars also required to have a busines7jducation.
fCounty Court judges in Class C and D counties inXolorado need not be admitted to the bar
they must be
high school graduates or have certificates of equivalency.
Nonlawyers judges must
the institute on
the duties and functioning of tho County Court.
BAdmission to the Florida state bar is waived for County Court judges in counties have less than 40,000 popu-
lation.
hCforgia Probst. Court judges in cqmpties with over 100,000 population may substitute 5 years experience as
Probate Court clerk'for the 3 years legal experience requirement.
1G0orgia Justices of the Peace Court judges must also have been residents of the county for at least 2 years
prectoding lection.
kivil Court judges in Bibb County, Georgia must be at least 25 years of age.
No other county has thie re-
quirement.
kIndiana County Court judges must b. under 70 years of age at the start of their term.
1Judges of the Municipal Court of Marion County, Indiana must also have 3 years-legal experience in Marion
County.
*The requirement for judges of the Small Cities Court of Marion County, Indiana, to have a law degree may be
waived if the person had been a justice of the peace for at least one year prior to December 31,
1965.
nOnly Kansas Municipal Court judges in first class cities are required to be attorneys.
The residency re-
quirement is waived for all judges in first class cities with mayor/council governments.
°Judges in the Minnesota County Court must be "learned in the law."
Thiv requirement is waived for lay judges
who were already in office in 1973.
PTbe requirement for legal education for judges of the Mississippi Justice Court may be waived, but, if so, the
judge is required 'to attend an I8-hour seminar conducted by the attorney general.
A high school diploma is
also required.
9The Municipal Court in Mississippi may also be served by the justice court judge whose district lies in whole
or in part in the municiparity, or by the mayor or mayor pro tempore who serves as ex officio judge.
Quips of the Nevada Justices' Court and Municipal Court must attend a required course of instruction upon
lection.
8Judges of the New Hampshireqilltrict Court must be "learned, able and discreet porson(s) specially qualified by
training and experience for the performance of his (their) duties."
Where possible, members of the bar are
chosen.
tNow Hampshire Municipal Court judges are only required to be "learned, able, and discreet."
uRequirements for judges of the New Jersey Juvenile and Domestic Relations Court to have been admitted to the
state bar, for 10 years applies to only those judges appointed after July 24, 1970.
vJudges of the New Mexico Magistrate Court in districts with population under 100,000 need not be members of the
bar, but they must have a high school or equivalent education.
wCounty Court Judges servins tho New York Surrogate's Court or Family Court need only have been admitted to
the bar for 5 years.
'Judges of the NW York Town Justice Court and Village Justice Court need not be attorneys, but, if they are
not, they must complete a course of training and education.
YJudges of the North Dakota Cotinty Court with Inc eeeee d Jurisdiction must be "learned in the law."
29
Table 8: Qualifications of judges of limited or special jurisdiction
courts, 1980 (continued)
aIn cities with a population under
3,000, the judge of the North Dakota Municipal Court is not required to be
,
an attorney or to be a resident of the city.
In larger cities, the law degree requirement may be waived if no
lawyer is tvailable.
aaJudges of the Ohio Municipal Court may substitute service as a judge in a court of record for the required
legal experience.
bbJudges of the Oklahomm Municipal Court Not of Record in cities having less the 7,500 population need not be
law trained if no licensed attorney resides in the county in which the city is located.
ccJudges of the Tennessee General Sessions Court are required to be attornyes in only two counties of the state.
ddWashington Justices of the Peace who hear cases involving dollar amounts between $300 and $1,000 must be
attorneys; others are not required to be.
"Judges of the Washington District Court may substitute experience as a justice of the peace or judge of
Municipal Court for the required legal education and bar membership, or, if their district has under 10,000
population, msy have taken and passed a qualifying examination for office.
"Qualifications for judges of the Washington Municipal Court vary from location to location.
In all cities
over 5,000 population, they are required to be attorneys unless they are also justices of the peace.
Bine West Virginia Constitution prohibits a requirement that magistrates be attorneys.
However, prior to
assuming office they must complete a course of intruction in rudimentary principles of law as prescribed by
the Supreme Court.
"Judges of the American Samoa District Court must be learned in the law.
Sources:
Council of State Governments, State Court System (Lexington, Kentucky:
Council of State government,
May, 1978); American Bar Association--National Center for State Courts, Implementation of Standards
for Judicial Administration Project, State Court Organization Profile series (Williamsburg, Virginia:
National Center for State Courts, 1977-1980); NCSP staff review of state statutes; State Court
Administrators.
it
4
30
Table 9:
Authi>ifed judgeships in trial courts, 1980.
1980 population, number of authorized judges and population served
per judge by trial court level.
State
1980
population
in thousands
Courts of general
Courts of limited/
jurisdiction
special jurisdicion
All trial courts
O V
w
0 0
w 0
w 40
ON
0 N
.2
4.14 a
O
.2 to
1
0 0 0
M W
!
MW go
4.J
O V
0
0 V
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
FLORIDA
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS ...,
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
3,890
113
34,400
370
10,500
483
8,100
400
21
19,100
69
5,800
90
4,400
2,718
80
34,000
178
15,300
258
10,500
2,286
63
36,300
254
9,000
317
7,200
23,669
607
39,009
568
41
1,175
20,100
2,889
106
27,300
353
8
00
459
6,300
3,108
110
28,300
130
23,91.
240
12,900
595
14
42,500
94 -
6,300
108
5,500
9,740
302
32,3D0
198
49,200
500
19,500
5,464
110
49,700
2,318t
t
2,428t
t
965
25
38,600
18
53,600
43
22,400
944
99
9,500
0
..-
99
9,500
11,418
677
16,900
0
___
677
16,900
5,490
171
32,100
155
35,400
326
16,800
2,913
300
9,700
0
._._
300
9,700
2,363
211
11,200
356
6,600
567
4,200
3,661
91
40,200
123
29,800
214
17,100
4,204
161
26,100
711
5,900
872
4,800
1,125
14
80,300
38
29,600
52
21,600
4,216
97
43,500
153
27,600
250
16,900
5,737
264
21,700
0
..._
264
21,700
9,258
173
53,500
341
27,200
514
18,012
4,077
72
56,600
166
24,600
238
17,100
2,521
65
38,800
591
4.300
656
3,800
4,917
300
16,400
0
_...
300
16,400,
787
32
24,600
192
4,100
224
3,500
1,570
45
34,900
65
24,200
110
14,300
799
29
27,600
81
9,900
110
7,300
921
15
61,400
114
8,100
129
7,100
7,364
214
34,400
474
15,500
688
10,700
4
4r)
32
State
1980
population
in thousands
Courts of general
jurisdiction
Courts of limited/
special jurldicion
All trial courts
V
44 i)
0 N
4-4
I 2 Ve
0 u 11
a0 l)
z
ca.
6,
Ct.
al.
V
4.1 W
0 W
0 N
44 W
W W
0
2 2
g'a
"
0 0 0
Z
4-1
V
W w
0 N
4 4
W W CA
0 0 0
.0
e
g
C0
)
44 W
CI"
O
H
w
W
a.
a.
NEW MEXICO
1,300
29,500
201
6,500
245
5,300
NEW YORK
17,557
47,800
3,0371
5,800
3,404
5,200
NORTH CAROLINA
5,874
66
89,000
136
43,200
202
29,100
NORTH DAKOTA
653
24
27,200
279
2,300
303
2,200
OHIO .
10,797
313
34,500
938
11,500
1,251
8,600
OKLAHOMA
3,025
198
15,300
553
5,500
751
4,000
OREGON
.
.
2,633
76
34,600
297
8,900
373
7,100
PENNSYLVANIA
11,867
285
41,600
589
20,100
874
13,600
RHODE ISLAND
947
19
49,900
68
13,900
87
10,900
SOUTH CAROLINA
3,119
31
100,600
672
4,600
703
4,400
SOUTH DAKOTA
69.0
141
4,900
o
--
14r-
4,900
TENNESSEE
4,591
116
39,900
362
12,700
478
9,600
TEXAS
14,228
314,
45,900
2,195
6,500
2,505
5,700
UTAH
1,461
24
60,900
212
6,900
236
6,200
VERMONT
511
38
13,500
33
15,500
71
7,200
VIRGINIA
5,346
111
48,200
163
32,800
274
19,500
WASHINGTON
4,130
118
35,000
208
19,900
326
12,700
WEST VIRGINIA
1,950
60
32,500
204
9,700
264
7,400
WISCONSIN
4,705
190
24,800
216
21,800
406
11,600
WYOMING
471
15
31,400
124
3,800
139
3,400
AMERICAN SAMOA
31*
7
4,400
1
31,000
8
3,900
DISTRICT OF COLUMBIA
638
44
14,500
0
,
--
44
14,500
GUAM
114*
5
ie.'
22,800
0
--
5
22,800
PUERTO RICO
,358*
92
36,500
159
21,100
251
13,400
VIRGIN ISLANDS
96*
0
--
6
16,000
6
16,000
TOTAL--States only
225,867
7,127
31,700
18,5971
,
12,1001
25,7241
8,8001
TOTAL--States and
territories
230,104
7,275
31,600
18,7631
12,3001
26,0381
8,8001
Note:
See Tables 4 and 5 for descriptions of judicial officers included for each state.
*Population figures given for these jurisdictions are estimates of tha 1978 population.
ftata from the limited jurisdiction courts in Georgia do not include judges of the Criminal Court, Police
Court, or Municipal Court (6ther than the Municipal Court located in Savannah and Columbia).
These data
therefore are not included in any of the total figures, either, affecting the population per judge figures
reported.
The true population per judge figures would be slightly lower than those given on the chart.
Source:
Bureau of the Census, Current Population Reports; State Court
Administrators
33
Table 10:
Judicial selection, 1980.
Method of initial selection and filling of interim vacancies.
State and court title
Method of initial judicial selection
Popular
election
Appointment by:
Merit
planb
Method of filling interim vacancies
ALAIAMA:
All judges except Municipal
Court judges
Municipal Court judges
ALASKA:
All judges
Magistrates
ARIZONA:
Appellate court Judaea
Superior Court judges in
counties wiell at least
150,000 population
All other Superior Court
Partisan
local governing body
Presiding Judge of
judicial district
Merit^selection in 15 Counties; Governor
appoints until next general election in all
other counties
Sane as initial selection
X
Same as initial selection
Same as initial selection
X
SAW is initial selection
X
Same as initial selection
judges
Nonpartisan
Justices of Peace
Partisan
City and Town Magistrates in
Tucson
City and Town Magistrates in
cities other than Tucson ....
ARKANSAS:
All judges
CALIFORNIA:
Appellate court judges
Superior Court judges
Municipal Court judges
Justice Court judges
COLORADO:
All judges except,Denver
County and Municipal Court
Judges
Dinver County Court judges
Municipal court judges
CONNECTICUT:
All judges except Probate Court
Probate court Judges
Determined by local
governing body
Governor appoints until next general election
County !board of Supervisors appoint for
balance of term
X
Appointed by mayor
Same as initial selection
Partisan
a
Nonpartisan
Governor appoints for unexpired term, except:
Municipal Court--regular practicing attorneys
choose special judge to fill vacancy until
election; Police Court--filled by gubernatorial
appointment; County Court and Justice of the
Peace Courtsfilled by partisan election
Governor
Same as initial selection
Appointed by Governor
Governor
Same as initial selection
County board of Super
Same as initial selection
visors or special
election
Partisan
X
Same as initial selection
Mayor with
merit plan ....
Same as initial selection
city council, or town
boards
Council or town boards
....
Same as initial selection
Legislature
Same as initial selection
Samg, as initial selection
et-
34
2
State and court title
Method of initial judicial selection
Popular
election
Merit
Appointment bys
plant'
Method of filling interim
DELAWARE:
All judges except Alderman's
Court
Alderman's Court judges
FLORIDA:
Appellate court judges
Trial court judges
GEORGIA:
Appellate court judges
Superior Court judges
Justices of the Peace
Probate Court judges
Juvenile Court judges
City Court judges
All other judges ." '''''''
HAWAII:
Appellate court judges
Circuit Court judges
District Court judges
IDAHO:
Appellate Court judges
District Court judges
District Court magistrates
ILLINOIS:
Associaxe judges
Court of Claims judges
All other judges
INDIANA:
Appellate court judges,
Superior Cmurt judges of
Allen, Laki, St. Joseph,
Vanderburgh, and Marion
Counties, and Marion County
Municipal Court judges
All other judges
"lowAe.
APpellate coert judges
District Court judges .\
District Court magistrates
Dietrict'Court part-time
magistrates
KANSAS:
Appellate court judges
Trialocourt judges--23
districts
Othet trial court judges
Partisan
KENTUCKY:
All judges
Non partisan
HonparZisan
Determined by local
governing body
X
Merit selection
Same as initial selection
X
Merit selection
Merit selection
Partisan
Partisan
Partisan
Partisan
Presiding Superior/
Circuit Judge
Governing bodies
Determined by local
governing bodies
Appointed by Governor
Appointed by Governor with a merit plan
Special election is held
, Special election is held
Same as initial selection
Same as initial selection
Locally determined
X
Same as initial selection
X
Same as initial selection
Same as initial selection
Chief Justice using a
merit plan
Noa partisan
Non partisan
District Magistrate
Commission
Partisan
Circuit ju
Executive
Partisan
Appoidied by Governor
Appointee by Governor
District Magistrate Commission appoints
Same as initial selection
Same as initial election
Appointed by Supreme Court justices
X
Same as initial election
Appointed ,by Governor
S.
District Court
judges using merit plan
County Judicial
X
Same as initial selection
X
Same as initial selection,
Same as initial selection-'
Magistrate Appointing
Same as initial selection
X
Same as initial selection
X
Same as initial selection
Appointed by Governor
Merit election
35
.4
Table 10:
Judicial selection, 1980 (continued)
State' and court title
Method of initial judicial selection
Popular
election
Appointment by:
Merit
planb
Method of filling interim vacancies
LOUISIANA:
All judges
MAINT:
All judges except Probate
Court judges
Probate Court judges
MARYLAND:
All judges except Orphan's
Court judges
Orphan's Court judges
MASSACHUSETTS:
All judges
MICHIGAN:
Afl judges except Municipal
Court judges
Municipal
MINNESOTA:
All judges
MISSISSIPPI:
All judges except CityrPolice
Court judges
City Police Court judges
MISSOURI:
Judges of the Supreme Court,
Court of Appeals, Circuit and
Probate Courts in St. Louis
City and County, and Jackson,
Plott, and Clay counties
Other Circuit and Prpbate
Court judges ....y.
Municipal Court...laps
MONTANA:
All judges except Municipal
Court judges
Municipal Court judges
NEBRASKA:
All judges
NEVADA:
All judgms
NEW HAMPSHIRE:
All judges
NEW JERSEY:
All judges except Municipal
and Surrogate Court judges
Municipal Court judges
Surrogate Court judges
NEW MEXICO:
All judges
Partisan
Partisan
Governor
Governor
a
Spec al election is called by Governor.
If
remm nder of term is less than six months,
Supr me Court fills vacancy, except in
May
's Court, where Board of Aldermen
auoi nts
Same as initial selection
Same as initial selection
X
Same as initial selection
Same as initial selection
X
Same as initial selection
Non partisan
Determined by local
governing body
Appointed by Governor
Same as initial selection
X
Appointed by Governor using a merit plan
Partisan
Appointed by Governor until next election
Governing authority of
Same as initial selection; Justice Court,
municipality
appointed County Board of Supervisors
Partisan
4N.
X
Merit selection
Nonpartisan
Locally detentined
City Council
Nonpartisan
Partisan
Appointed by Governor
Locally determined
Appointed by Governor
Same as initial selection
X
Same as initial seleition
Governor
Governor
Governing body
Governor
Merit selection; Justice and Municipal
Courts, locally determined
Same as initial selection; Probate Court,
Registrar of Probate appoints from
another court
Same as initial selection; Juvenile and
Domestic Relations Court, appointed by
Chief Justice of Supreme Court
Same as initial seleCtion
Same as initial selection
Appointed by Governor; Probate Court,
appointed by County Commissioners; Munici
pal Court, appointed by municipal
governing body
36
4 ,1
A
State and court title
Method of initial Judicial eleAtion
Popular
election
Merit
Appointment by:
planb
Method of filling interim vacancies
NW YORK:
Appellate court judges
Supreme Court, County Court,
Surrosate's Court, and
Family Court (outside New
York City) judges
Family Court (inside New York
City) judges
Court of Claims judges
Civil Court for the City of
New
York judges
Criminal Court for New York
City judges
District Court judges
City Court, Town and Villas*
Court judges
NORTH CAROLINA:
A14 judges except special
judges of the Superior
Court
Special judges of the Superior
Court
NORTH DAKOTA:
All judges
OHIO
All judges except Court of
Claims 4 Mayors' Court
judges
Court of Claims judge
Mayors Court judges
OKLAHOMA
Supreme Court and Court of
Criminal Appeals Justices
Court of Appeals
District Court judges
Municipal Court judges
OREGON:
All judges except Municipal
Court judges
Municipal Court judges
PENNSYLVANIA:
All judges except Pittsburgh
Magistrates Court judges
Pittsburgh Magistrates Court
judges
RHODE ISLAND:
Supreme Court justices
Probate and Municipal Court
judges
All other judges
SOOT% CAROLINA:
Appellate court judges
Circuit Court judges
Family Court judges
Probate Court judges
Magistrate Court judges
Municipal Court and Mester-in-
Equity Court judges
Partisan
X
Same as initial selection
Partisan
Appointed by Governor with advice and consent
of Senate if it is in session
Mayor using merit plan
Same as initial selection
Governor using merit plan
Same as initial selection
Partisan
Mayor using merit plan
Partisan
Appointed by Mayor using merit
plan
Same as initial selection
Appointed by County Board of Supervisors
Locally determined
Sane as initial selection
Governor
Non partisan
Appointed by Governor
Same as initial selection
Merit selection
Non partisan
Appointed by Governor
Chief Justice
Same as initial selecticn
Locally determined
Locally determined
Non partisan
Non partisan
Governing body
X
Same as initial selection
Appointed by Governor
Merit selection
Sa
s initial selection
Nonpartisan
Partisan
Partisan
Locally detipined
Mayor
Legislature
City Council
Executive+
Legislature
Legislature
Legislature
AppoIed by Governor
f
Locally determined
Governor
Merit selection
Same as initial selection
Same as initial selection
Same as initial selection
Same as initial selection
Legislature fills vacancy unless an
expired tem is less than I
year, then
Governor appoints
Appointed by Governor
Appointed by Governor
State statutes and Constitution do not
address this Issue
Locally determined
Locally determined
37
'-
Al
4
Table 10:
Judicial selection, 1980 (continued)
Egialemue
Stets and court title
Method of initial judiciel selection
Popular
election
Merit
Appointment by:
plenb
Method of filling interim vacancies
SOUTH DAKOTA:
All judges except megistretes
Nonpartisan
Magistrates
TENNKSSEZ:
All judges except intermediate
appellate court judges and
some Municipal Court judges
Partisan
Intermediate appellate court
Swale*
Soar Municipal Court judges
TUBS:
All judges except Constitution-
al County, Municipal, and
Justice of the Peace Court
judies
Constitutional County and
Justice of the Peace Court
judges
Municipal Court judges
UTAH:
Supreme Court, District Court,
and Circuit Court judges
Juvenile Court Moss
Justice Court judges - -town
Justice Court judges --county ..
VISHONT:
All judges except Probate Court
Mies
Probate Court judges
VIRGINIA:
All judges except substitute-
District Court judges
Substitute District Court
judies
WASHINGTON:
All judges except Municipal
"Court judges in 2nd, 3rd, and
4th class cities, Justices of
the Peace, and District Court
judges
Municipal Court judges in 2nd,
3rd, and 4th class cities
Justices of the Peace
District Court judges
Voluntary merit selection
Presiding Circuit Court ...
Sams as initial selection
JudS
Govirning body
Appointed by Governor
X
Same es initial selection
Same as initial selection
Partisan
Pardsan
Nonpartisan
Nonpartisan
Governing body
Determined by local
governing body
Appointed by Governol
Appointed by Commissioners Court
Same as initial selection
Or
Merit selection
X
Sams as initial selection
Appointed by Mayor
Partisan
Appointed by Chairperson of the
County Board of Commissioners
X
Same as initial selection
Succeeded by register of probate
Legislature
Same as initial selection
Chief judge of Circuit
Same as initial selection
Nonpartisan
Nonpartisan
Nonpartisan
Nonpartisan
Appointed by Governor
Appointed by Meyor
justice in district assumes position
until next election
Board of County Commissioners appoint
4
,
State and court title
Method of initial judicial selection
Popular
electloh
Merit
Appointment by:
planb
Method of filling interim vacancies
WEST VINGINIA:
All judges except Magistrate
Court and Municipal Court
judges
Partisan
Magistrate Court judges
Partisan
Municipal Court judges
Locally determined
WISCONSIN:
All judges except Municipal
Court judgee
Municipal Court judass
d
WYOMING:
Suprema Court, District Court,
County Court,- and Juvenile
and Donal:tic Relations
Court judges
Municipal Court judges
Justice of the Peace Court
AMERICAN SAMOA:
All judges
DISTRICT OF COLUMBIA:
All judges
GUAM:
All judges
PUERTO RICO:
All judges
VIRGIN ISLANDS:
All judges
Nonpartisan
Determined by local
governing body
Appointed by Governor
Chief judge of Circuit Court appoints
Locally determined
Appointed by Governor
Special election is held
Of
X
Merit selection
Mayor
Same as initial selectipn
County Board of
Appointed 4y County Board of
Commissioners
Commissioners
Appointed by the U.S
Secretary of the Interior
Sane as initial selection
X
Same as initial selection
X
Same:s initial selection
Executive*
Same
initial selection
Executive'
Same as initial seleotin
x
Affirmative
'"Executive" includes the executive officer responsible for administration at the level at issue, e.g., state or county
levels governor; city level-- mayor or city manager.
bDetails of each specific "merit plan" are given on the following table.
Source:
State Court Administrators; Review of state statutes by staff of The American Judicature Society;
Implementation of
Standards of Judicial Administration Project, State Court Organization Profile Series (Williamsburg, Virginia:
National Center for State Courts, 1977, 1978, 1979); Council of State Governments, State Court Systems, Revised
1978
39
4
4
Table 11:
Description of merit plans, 1980.
Legal basis of plan, year established, use of plan, number ofnominees,
and type of retention election.
k
State
ALABAMA
ALASKA
ARIZONA
COLORADO
DI:LANARK
FLORIDA
GRORLIA
HAWAII
IDAHO
IND/ANA
IOWA
KANSAS
Legal basis
of plan
Year
established
flan used for
appointments
Initial Interim
Number of
nominees
Tycef retention %Section
Neer
recorda partisan Partisag
Constitutional
KINTUCKY
MARYLAND
Constitutional
Constitutional
Constitutional
Executive order
Constitutional
Executive order
Constitutional
Statutory
Constitutional
appellate c
ts
Statutory--S per
ior an0 Mu la
pel Cour
Constitut onal
Constitutio
1--
Appellate
ourts
Statutory--
3 District
Courts
Constitutional
Executive order
MASSACHUSETTS ...
Executive order
MISSOURI
Constitutional
MONTANA
Statutory
NEBRASIA
Constitutionl
N EVADA
Constitutiong\
YONK:
Court of
Appeals
Constitdtional
1950 Jefferson
County; 1973
Madison County
1956
1974
X
X
Some
Some
3
Yee
2 or more
Yes
Yes
3 or more
Yes
Yes
Yes
Yes
1967
X
X
3 for appellate
2 to 3 for trial
0
1977
1976
19 1
(Amen
d 1975)
1978
1967
1971
(Amended 1973)
1962
1958
1974
1976
1970
6dified 1974
and 1979)
1975
(Modified 1976)
X
X
X
At least 3
Yee
Yes
3 or more
,.. Yes
Yes
5
*
Yes
)
Not less than 6
Yes
Yesb
2 to 4
Yes
3
Yes
Yes
X
X
3 for appellate
1940
(Amended 1970--
St. Louis; 1973--
Clay and Platt
Counties
1972
1962
(Amended 1972)
1976
1977
3
2 to 3
3
5 to
7
3
Yes
Yee
Yee
Yee
Yee
Yee
3
Yes
Yes
3 to 5
2 or more
3
7 for chief judge
3 to 5 for asso
ciate judges
Yeed
Yee
Yee
Yee
Yes
40
State
Legal basis
if plan
Tear
stablished
Plan used for
agtoptmeet,
Number of
initial Interim
nominees
Type of retention election
On
Non-
records partisan Pertlean
NORTH CAROLINA(
Superior Ceuft.
NORTH DAKOTA ....
OKLAHOMA:
Appellate
courts
Trial courts
PKIINSYLVAMIA
Imecutism order
1977
Censtitutioual
1,76
Ceestitutional
1967
Statutory
1967
Stecutive order
1973
(Modified 1975)
SOOTS DAKOTA ....
Inecutive order
TINNESSKI:
Internediats
appellate
courts
UTAll
VIRIENT
Statutory
Statutory
Constitutional
3 to 5
+1.
(Pendins implementing legislation)
3
3
X
3
1977
X
3 or more
1971
X
X
3
1967
(Amended 1969,
1971, 1975)
1966
(Amended 1975)
X
X
3
Yes
Yee
Yes
Yes
Yee
Yes
Yes
Yes
Yee
Yesd
Yee
Yes
X
X
As msny as the
NoneS
Commission
finds fit- -no
minimum
WISCONSIN
leecutive order
197S
X
WYOMING
Constitutional
1972
X
X
DISTRICT OF
COLUMBIA
Statutory
1973
X
X
GUAM
Statutory
1962
X
X
No limit
3
3
3
No
Yee
Yes
Yes
No
,
No
Yes
Yee
Note:
Only courts having a 'X
under the "Merit plan' column or noting that
merit selection plan is used to fill
interim vacancies in Table 17 are included on this table.
s'On record' MIMI that the judge runs uncontested, on his record, for retention in office.
The retention election
whether or not competitive say be partisan or nonpartisan.
bThe Judge desiring to be retained petitions to the Judicial Selection Commission, which makes the retention
decision rather than the electorate.
eAn incumbent judge ligible
may have his name submitted by the Commission to the Governor on a-
llot containing fever than
normally required number of names.
*Retention election is on the record unless challenged.
Individual remiss in office unless voted eut by the General Assembly.
Source:
State Court Administrators; Review of state statutes by NCSP staff; &rend. J. Rogan, "Merit Selection of
Judges .
.
Alow Is It Working?' (Chicago, Illinois:
American Judicature Society, 1979), pp.45 -93.
41
Table 12:
Characteristics of judicial nominating commissions, 1980.
Selection of commissioners and limitations on their eligibility for
holding other offices.
State and court title
Method of selection
Lay members
Lawyers
Offices held by commission members
Limitations on
Permitted to hold:
,
eligibility for
Public
Party
judicial office
Wiest
officet
ALABAMA
ALASKA
ARIZONA:
All courts except Tucson
Municipal Court
Stets senator end rep-
resentstive from
appropriate county
e lect
Governor appoints,
legislature confirms
Governor appoints, sen-
ate confirms
Municipal Court (Tucson) ...
Minority and majority
political party
appoint
COLORADO:
Supreme Court
District Court
----Roupty Court
DILA
Governor appoints
Governor appoints
Mayor appoints
Governor appoints
ILORIDA:
Supreme Court, District
Court. and Circuit Court ..
Governor appoints 3
(not specified that
they be/not be law-
yers); appointed com-
issioners appoint 3
other commissioners
GUAGLAs
Supreme Court. Court of Ap-
peals. and Superior Court
Governor appoints
Municipal Court
Other courts
NAWAII
Mayor appoints
Governor appoints
Governor appoints; Chief
Justice appoints;
Senate and Speaker of
Nous. appoint (Governor
and Chief Justice may
each appoint at most
1 lawyer)
/NW
Supreme Court and District
Court
Governor appoint:: with
consent of the senate
Appropriate bar associ-
ation elects
kr officials appoint
tar officials nominate.
Governor appoints, sen-
ate confirms
County bar association
appoints
Majority vote of Governor.
Attorney General end
Chief Justice
Majority vote of Governor
Attorney General end
Chief Justice
Mayor appoints
Governor appoints 4, state
bar association elects 1;
ell confirmed by senate
B er officials appoint
President. President
elect. and 2 immedi-
ate past Presidents
of state her. and
President of Young
Lawyers Section op-
POint
tar officials appoint
B ar officials appoint
tar officials elect
tar Oficial. appoint with
consent oT the senate
During term
None
During term and
1 year after
During term and
1 year after
During term and
'3 years after
During term and
1 year after
During term and
During term and
2 years after
No
No
No
Yes
No
Yes
No
No
No
No
_No
No
Yes
Yes
No
Yes
During term ond
Yes
2 years after
None
None
None
Yee
Yes
Yes
Yes
Yes
Yes
Yes
During term and
No
3 years after
None
44
No
No
Yes
42
State and court title
Method of selection
Lay members
Lawyers
Offices held by commission memben
Limitstiona oa
POtN4tted le holds
eligibility for
Public
ratty
judicisl office
office
offieet
LOAM (continued):
Magistretes Division of tha
District Court
Chairmen of each Soar!!
of County Commission
appoint 1 for each
county in judicial
Local bar association no-
minates and state bar
officials appoint (non-
voting members)
None
No
Yss
INDIANA:
Appellate courts and
district; Governor ar
points 5, 3 of them
being
municiOali
in tha
district
Superior Court
Governor appoints
Resident lawyers elect
During tem and
No
Ne
3 years after
Municipal Court
Governor appoints, mayor
of largest city in
county appoints
Resident lawyers elect,
Supreme Court appoints
During term
No
No
IOWA:
Appellate courts
Governor appoints,
senate confirms
tar members of appropriate
district elect
During tem
No
Yes
District Court
Governor appoints
tar members of state elect
During tem
No
Yes
Judicial Maaistrate Court
County board of super-
visors appoints
Local county bar elects
During.tem
Yes
Yes
KANSAS:
Appellate courts
Governor appoints
All state bar mombers
elect chairman; lawyers
from respective congres-
sional districts elect
others
During term and
6 months after
No
No
District Court
County commissioners
appoint
Lawyers from rS\el.pective
jucicial distr ctp elect
During tem
No
Ne
KS:MUCKY:
Appellate courts
Governor appoints
tar association Umbers
elect
None
No
Ne
District Court
Governor appoints
Bar from respective dis-
tricts elect
' None
No
Ne
Circuit Court
Governor appoints
Sac from respective dis-
tricts elect
None
No
N.
MARYLAND:
Appellate courts
Governor appoints --one
from each appellate
judicial circuit
Bar members from respec-
tive appellate judicial
circuit elect
During term
No
Ne
Trial courts
Governor appoints
Bar mos:bore elect
During tem
No
No
MASSACNUSKTTS
Governor appoints
Governor appoints
None
No
Yes
MISSOURI:
Appellate courts
Governor appoints
Resident lawyers elect
None
No
Ne
Circuit court
Governor appoints
Resident lawyers elect
None
No
Ne
Municipal court
Mayor appoints
Resident laywers elect
None
Yes
Yes
MONTANA
Governor appoints
Supreme Court appoints
During tem and
Yes
Yes
1 year after
MAIM:
Supremo court
Governor appoints
Bar officials appoint
None
Yes
Yes
District court
Governor appoints
Bar officials appoint
None
Yes
Yes
43
Table 12:.
Characteristrcs of judicial nominating commissions, 1980 (e.inued)
State and court title
Mettod of @election
Lay members
Lawyers
Offices held by commission members
Limitations on
Permitted to hold:
eligibility for 'Public
Party
judicial office
office
office?
NEBRASKA:
Supreme Court, District
Court, County Court, Juve-
nile Court, And Workmen'.
Compensation Court
Governor appoints
Resident lawyers elect
During term and
2 years after
Yes
4
Yes
NEW YORK:
Appellate courts
Governor appoints 2,
chief judge appoints 2
Governor appoints 2,
chief judge appoints 2
During term end
1 year after
No
No
New York City courts
Mayor appoints
Presiding justice and
deans of local law
schools appoint
During term and
1 year after
Yes
Yes
All other courts
Governor and Chiif Judge
of Court of Appeals
appoint
Governor, Chief Judge of
Court of Appeals, Presid-
ing Justice of Appellate
During term and
1 year after
No
No
NORTH CAROLINA
Governor appoints 13,
Senate appoints 2,
House appoints 2
NORTH DAKOTA
OKLAHOMA
Division of each depart-
ment, and joint committee
of majority and inority
leaders of Senate and As-
sembly appoint
Chief justice appoints 13, During term and
Senate appoints 1, House
6 months after
appoint& 1
(Currently waiting implementing legislation)
PINNSYLVANIA
SOUTH DAKOTA
TENNESSEE
UTAH:
Supreme Court and District
Court
VIPXONT
WISCONSIN
WYOMING
DISTRICT OP COLUMBIA
Governor appoints
Governor appoints
Governor appoints
Governor appoints
Governor appoints
Governor appoints, leg-
islature appoints
Governor appoints
Governor appoints
Resident lawyers elect
Governor appoints
President of stets bar ap-
points
Bar members elect, Gover-
nor appoints 2
Ear members elect
Resident lawyers elect
Governor apoints
State bar members elect
Mayor appoints, District
Bar officials appoint
Council appoints
During term and
5 years after
During term
None
During term and
4 years after
During term and
6 months after
None
None
During term and
1 year after
During term and
2 years after
Yee
Teo
No
No
No
No
Yes
Yee
No
No
Yes
Yes
Yes
Yes
Yes
Yes
No
lio
Certain
No
public
offices
I Unless expresely prohibited, holding public or party office is assumed to be permitted.
Source:
State Court Administrators; Review of state statutes by NCSP staff and staff
of the American Judicature
Society; Brenda J. Boon, 'Merit Selection of Judges .
.
. How Is It Working?'
(Chicago, Illinois:
American Judicature Society, 1979).
44
4
Table 13:
Membership of judicial nominating commissions, 1980.
Number of commissions and commissioners, partisanship of
commissionpterm and limitations on terms, and requirement for
judicial representation on commission..
State and court title
Number of
commis-
@ions
Total
commis-
stoners
Partisan:-
ship of
commission!'
Term
(years)
Limitations
on terms
Judges
required
on commis-
sloe
ALA1AMA- -All courts
2
16
r
6
Not consecutive
Yes
ALASKA--All courts
1
7
e
6
None
Yes
ARIZONA:
2
.
27
B
4
None
Yes
Municipal Court (Tucson)
1
9
a
1
None
No
COLORADas
Supreme Court
1
12
8 ,
6
Not consecutive
Yes
District Court
22
176
e
6
Not consecutive
Yes
County Court
1
8
e
4
,
Hone
Yes
DKLAWARE --All courts
1
9
a
-
3
No more than 2
No
consecutive terms
FLORIDA:
Supreme Court
1
9
e
4
None
No
District Court
4
36
e
4
None
No
Circuit Court
20
180
e
*
None
No
GEORGIA:
Supreme Court, Court of Aipeals,
and Superior Court
2
20
e
Concurrent
with term
of Gover-
nor
None
No
MUilicipal Court
.
8
e
4
None
No
Other courts
1
10
e
8
None
No
HAWAII--All courts
1
9
8
6
Not consecutive
No
IDAHO:
Supreme Court and District
Court
1
7
8
6--Supreme
None
Yes
Court
Magistrates' Division of the
District Court
7
35
e
2 (attorney .
members)
None
Yes
6 (lay mem-
bers
INDIANA:
Appellate courts
1
7
e
6
None
Yes
Superior Court
4
28
8
4
No more than 2
consecutive terms
Yes
Municipal Court
1
11
8
2
No more than 2
consecutive terms
Yes
IOWA:
Appellate courts
1
13
8
6
Not co
--enrii
Yes
District Court
13
143
8
6
Not con e
tive
Yes
Judicial Magistrate Court
99
594
8
6
N
ecu
ve
Yes
KANSAS:
Appellate courts
1
11
8
5
No more than 2
consecutive terms
No
District Court
23
Varies, de-
pending on
number of
counties in
district
8
4
None
Yes
KENTUCKY:
Appellate courts
1
7
g
4
None
Yes
District Court
7
49
B
4
None
Yes
Circuit Court
56
392
B
4
None
Yes
MARYLAND:
Appellate courts
1
13
P
Co-exten-
sive with
None
No
Governor
Trial courts
8
104
P
Co-exten-
None
No
sive with
Governor
46
State and court title
Number of
Total
Partisan-
Term of
commis-
commis-
ship of
commission
sions
eioners
commission?
(years)
MASSACHUSETTS --All courts
1
11
MISSOURI:
Appellate Courts
Circuit Court
Municipal Court
MONTANA- -All courts
NEVADA:
Supreme Court
District Court
NEBRASKA:
Supreme Court
District Court
County Court
Juvenile Court
Workman's Coupensation Court
NEW YORK:
Court of Appeals
New York City courts
All other courts
NORTH CAROLINA--All courts
NORTH DAKOTA- -All courts
OKLAHOMA--All courts
PENNSYLVANIA:
Appellate courts
Trial courts
SOUTH DAKOTA
TKNNESSBE
UTAH:
Supreme Court
District Court
VERMONT--All courts
WISCONSIN- -All courts
WYOMING--AIl courts
DISTIRCT OF ODLUMAIA--All courts
4
1
1
7
20
5
7
7
9
7
63
21
189
21
1
1
189
9
9
JUdges
required
Limitations
on commis -
on terms
eion
3
No more than 2
No
consecutiva terms
6
6
4
4
4
4
Not consecutive
Not consecutive
Not consecutive
None
None
None
6
Not more than 2 terms
and not consecutive
Term ends
Not more than 2 terms
upon ar
and not consecutive
pointment
4
Not more than 2 terns
and not,consecutive
6
Not more than 2 terms
and not consecutive
6
Not more than 2 terms
and not consecutive
1
12
5
4
1
27
1
Co-extensive
with mayor
5
60
1
34
(Currently awaiting implementing
1
13
1
7
Is
1
11
Is
1
7
B
1
11
B
7
1
2
1
7
49
11
9
14
7
4
1
legislation)
6
3
3
4
6
4
4
2
6 (bar
elected)
1
4
(a)
None
None
None
None
Not consecutive
None
None
None
Not consecutive
Not consecutive
Not consecutive
No more than 3 terms
Not consecutive
None
Not consecutive
None
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yee
Yes
Yes
Yes
No
Yes
No
Yes
No
Yee
No
Yes
No
Yes
Yee
No
No
Yes
Yes
1If the representation of each political party was restricted, or if the Commission was expressly declared to be
nonpartisan, then the Commission wee judged to be bipartisan.
Otherwise, the Commission was judged to be
partisan.
Key:
1
lipartfsan
P
Partisan
'Members appointed by President--5 years; members appointed by Board of Governors--1 for 3 years and 1 for 6 years.
Source:
State Court Administrators; Review of state statutes by the NCSP staff and staff of the American Judicture
Society; Burton N. Atkins, "Merit Selection of State Judges," Florida Bar Journal Volume 50, (April 1976),
pages 205-207.
47
t
Table 14:
Judicial discipline, 1980.
Name of investigating body, how and when established, membership,
term, adjudicating body, removing body, and legal basis.
State and investigating body
Established
by
Year
estab-
lished
Membership
Term
Legal
Adjudicating body
Removing body
basis
Jud- Law-
ges
yers Lay Total 4years)
MAMMA- -Judicial Inquiry
Commission
Constitution
1973
3
2
2
7
4
Court of the Judiciary
Court of the
Constitution
Judiciary*
ALASIA --Commission on JUdicial
Qualifications
Constitution
1968
5
2
2
9
4
Commission 'on Judicial Qualifications Supreme Court
Constitution
ARIZONA - -Commission on Judicial
Qualifications
qaPititution
1970
5
2
2
9
4
Commission on Judicial Qualifications Supreme Court
Constitution
ARKANSAS - -Judicial Ethics
Committee&
Statute
1977
5
4
Judicial Ethics Committee
General Assembly Constitution
Judicial Qualifications
Committee&
Statute
1977
Supreme Court
Supreme Court
Stafute
CALIFORNIA - -Commission on
Judicial Performtnce
Constitution
1960
5
2
2
9
4
Commission on Judicial Performance
Supreme Court
Constitution
COLORADO- -Commissiodvon
Judicial Qualifications
Constitution
1967
5
2
2
9
4
Commission on Judicial Qualifications Supreme Court
Constitution
CONNECTICUT - -Judicial Review
Council
Statute
1977
5
3
3
11
6
Judicial Review Council
Supreme Courtb
Constitution
DELAWARE -Court on the
Judiciaryc
al
Constitution
1969
0
4
2
6
3
Board of Examining Officers
Court on the
Constitution
Judiciary
FLORIDA - -Judicial Qualifica-
tions Commission
Constitution
1966
6
2
5
13
6
Judicial Qualifications Commission
Supreme Court
Constitution
GEORGIA - -Judicial Qualifica-
tions Commision
Constitution
1972
2
3
2
7
4
Judicial Qualifications Commission
Supreme Court
Constitution
HAWAII -Commission on Judicial
Discipline
Constitution
197
0
3
4
7
3
Commission on Judicial Discipline
Supreme Court
Constitution
IDAHO- -Judicial Council
Statute
1967
2
2
3
7
6
Judicial Council
Supreme Court
Statute
ILLINOIS - -Judicial Inquiry
Board
Constitution
1971
2
3
4
9
4
Illinois Courts Commission
Illinois Courts
Constitution
Commission
INDIANA--Commission on Judicial
Qualifications
Constitution
1970
1
3
3
7
6
Commission on Judicial Qualifications Supreme Court
Constitution
IONA--Commission on Judicial
Qualifications
Statute
1973
1
2
4
7
6
Commission on Judicial QualifiCations Supreme'Court
Constitution
KANSAS--Commission on Judicial
Qualifications
Court Rule
1974
4
3
2
9
4
Commission on Judicial Qualifications Supreme Courtd
Constitution
KENTUCKY--Judicial Retirement
and Removal Commission
Constiiution
1976
3
1
2
6
4
Judicial Retirement and Removal
Judicial Retire-Constitution
Commission
ment and Re-
moval Commis-
sion*
LOUISIANA - -Judiciary Commission
Constitution
1948
3
3
3
9
4
Judiciary Commission
Supreme Court
ConstitutiOn
MAINE- -Committee on Judicial
Responsibility and
Disability
Court Rule
1978
2
2
3
7
6
Committee on Judicial Responsibility
(e)
and Disability
MARYLAND- -Commission on Judi-
cial Disabilities
Constitution
1966
4
2
1
7
4
Commission on Judicial Disabilities
Court of Appeals Constitution
MASSACHUSETTS - -Commission on
Judicial Conduct
Statute
1978
3
3
3
9
3
Commission on Judicial Conduct
MICHIGAN--Judicial Tenure
Commission
Constitution
1968
5
2
2
9
3
Judicial Tenure Commission
Supreme Court
Constitution
MINNESOTA--Board on Judicial
Standards
Statute
1971
3
2
4
9
4
Board on Judicial Standards
Supreme Court
Constitution
MISSISSIPPICommission on
Judicial Performance
Constitution
1979
4
1
2
7
6
Commission on.Judicial Performance8
Supreme Court
Constitution
MISSOURI - -Commission on Retire-
ment, Removal and
Discipline
Constitution
1972
2
2
2
6
6
Commission on Retirement, Removal
Supreme Court
Constitution
and Discipline
MONTANA - -Judicial Standards
Commission
Statute
1972
2
1
2
5
4
Judicial Standards Commission
Supreme Court
Constitution
NEBRASKA - -Commission on Judi-
cial Qualifications
Statute
1966
7
2
2
11
4
Commission on Judicial Qualifications Supreme Court
Constitution
NEVADA -Commission on Judicial
Discipline
Statute
1976
2
2
3
7
4
Commission on Judicial Discipline
Commission on
Constitution
Judicial
Discipline*
NEW HAMPSHIRECommittee on
1 Judicial Conduct
Court Rule
1977
3
2
2
7
4
Committee on Judicial ConduCt
(h)
NEW JERSEYAdvisory Committee
on Judicial Conduct
Court Rule
1974
21
31
41
9
2
Supreme Court
Supreme Couit
Constitution
NEW MEXICOJudicial Standards
Commission
Constitution
1967
2
2
5
96%
4
Judicial Standards Commission
Supreme Court
Constitution
NEW YORK--State Commission on
Judicial Conducti
Constitution
1977
4
5
2
11
4
State Commission on Sudicial Conduct* State Commis-Constitution
sion on judi-
cial Conauct*
NORTH CAROLINA --Judicial
Standards Commission
Statute
1973
3
2
2
7
6
Judicial Standards Commission
Supreme Court
Statute
NORTH DAKOTA - -Commission on
Judicial Qualifications
Statute
1975
2
1
4
7
3
Commission on Judicial Qualifications Supreme Court
Statute
OHIO- -Board of Commissioners on
Grievances and Disciplinek.
Statute
1965
0
17
0
17
3
Commission of Judges
Commission of
Statute
Judges*
OKLAHOKA--Council on Judicial
Complaints1
Statute
1974
0
2
1
3
5
Trial Division, Court on the
Appellate Divi-
Constitution
Judiciary
sion, Court on
the Judiciary
Table 14: Judicial discipline, 1980 (continued)
State and investigating body
Year
Membership
Established
estatr- Jud- Law-
Term
by
lished ges
yers Lay Total (years)
Adjudicating body
Removing body
Legal
basis
OREGON- -Commission on Judicial
Fitness
Statute
1967
PENNSYLVANIA- -Judicial Inquiry
and Review Board
Constitution
1968
RHODE ISLAND- -Commission on
Judicial Tenure and
3
3
3
9
4
Comilssion on Judicial Fitness
Bupreme Court
Constitution
5
2
2
9
2,3,64
Judicial Inquiry and,Review Board
Supreme Court
Constitution
Discipline
Statute
1974
4
3
718
13
3
Commission on Judicial Tenure and
Supreme Courtn
Statute
SOUTH CAROLINA- -Board of Com-
missioners on Judicial
Standards4
SOUTH DAKOTA--Commission on
Judicial Qualifications
TENNESSEE --Court of the
Judiciary
TEXAS --State Commission on
Judicial Conduct
gUTAH -Commission on Judicial
Qualifications
Court Rule
Discipline
1976
6
2
0
8
6
Board of Commissioners om Judicial
Standards
Supreme Court
Constitution
Statute
1972
2
3
2
7
4
Commission on Judicial Qualifications Supreme Court
Constitution
Statute
1979
6
3
2
11
4
Court on the JudiciarY
, General
Statute
Assembly°
41t,
Constitution
1965
5
2
i;
11
6
State Commission on Judicial Conduct
Supreme Court
Constitution
Statute
1968
(See footnote p)
7
Commission on Judicial Qualifications Supreme Court
Constitution
VERMONT--Judicial Responsibil-
ity Board
Court Rule
1978
0
3
2
5
5
Judicial Responsibility Board
VIRGINIA--Judicial Inquiry and
Review Commission
Statute
1971
2
2
1
5
4
Judicial Review and Inquiry
Commission
WASHINGTON
(There is no provision for a disciplinary commission in this state.)
WEST VIRGINIA--Judicial Inquiry
Commission
Court Rule
1976
3
2
2
7
4
Judicial Review Board
(q)
Supreme Court
Constitution
(r)
WISCONSIN--Judicial Commission
Court Rule
1978
2
2
5
9
3
Judicial Conduct and Disability Panel Supreme Court
Constitution
or Jury
WYOMING--Judicial Supervisory
Commission
Constitution
1973
2
2
3
7
4
Judicial Supervisory Commission
Supereme Court
Constitution
AMERICAN SAMOA
(Information not available)
DISTRICT OF CeLUMBIA--Commis-
sion on Judicial Disabil-
ities and Tenure
Statute
1970
1
2
2
78
6
Commission on Judicial Disabilities
Commission on
Statute
and Tenure
Judicial
Disabilities
and Tenure*
GUAM
PUERTO RICO
VIRGIN ISLANDS
(Information not available)
(See footnote 0
(Information not available)
4
g
*With appeal to the court of last resort.
*The authority of the Arkansas Judicial Qualifications Committee extends only to judges of courts of limited jurfsdiction.
The Judicial Ethics
Committee was created to investigate violations of law and other matters of sll members of the judiciary and to report its ticommendation to
the General Assembly.
Supreme Court justiceb, circuit judges, and chancellors can be removed only by impeachment or address.
bin Connecticut, elected judges (probate judges and justices of the peace) are excluded.
cIn Delaware, a preliminary investigatory committee or three Bar members, appointed by the chief justice for three-year terms, investigates
complaints and determines probable cause.
dJustices of the Kansas Supreme Court can be retired by the Supreme Court Nominating Committee upon certification to the Governor, but can be
removed only by impeachment.
eTbe order establishing the Maine Committee on Judicial Responsibility and Disability states that the
Committee shall file any recommendation for
formal disciplinary action with the Supreme Judicial Court, and that, "Any further proceedings shall be before the Court."
fTbe disciplinary authority of the Massachusetts Commission on Judicial Conduct is to recommend an appropriate
disposition of the matter and to
forward its recommendation to the Supreme Judicial Court for its consideration and further action, if any.
&hen a Mississippi Supreme Court justice is
investigated, the recommendation for disposition is
determined by
panel of seven Circuit Court and
Chancery Court judges, selected by lot.
hNew Hampshire Supreme Court Rule 28, section X, states:
"The Supreme Court shall file a written opinion and
judgment directing such disciplinary
action as it finds just and proper .
.
."
iThe rule for selecting members bf the New Jersey Advisory Committee on Judicial Conduct readi "at least 2 judges",
"not,more than 3 attorneys", and
"not more than 4 public members":
It would be possible for all 9 members to be judges.
iTbe New Xork State Commission on Judicial Conduct has the authority to impose disciplinary sanctions, including removal,
subject to revi
Court of Appeals.
kTbe Ohio Board of Commissioners investigates only those complaints submitted by a local state bar ethics committee signed and sworn by one or more
members of the Ohio bar.
1The Oklahoma Council on Judicial Complaints receives and investigates complaints; in practice the Council has forwarded its findings to the Chief
Justice who files the petition with the Court on the Judiciary.
The jurisdiction of the Trial Division of the court may be Invoked by\a petition,
filed either by the Supreme Court or the Chief Justice;
by the Governor; by th
torney General; or by the Executive Secretary
of the Oklahoma Bar
Association when directed to do so by a vote of a majority of all members of i s Executive Coundil; or by
Resolution of the House of Delegates or
House of Representatives.
40f the 7 members of the Rhode Island Commission on Judicial Tenure and Discipline, 3 must be legislators,
who serve for 2 years.
nIn Rhode Island, the removal authority of the Supreme Court does not extend to Supreme Court justices.
The Supreme Court is empowered to recommend
the removal of a Supreme Court justice to the legislature which can initiate impeachment proceedings.
°In Tennessee, trial is conducted before the Court of the Judiciary.
The acrbsed has the right of appeal to the Supreme Court.
If the Supreme Court
affirms
the judgment and the penalty is removal frola office, the )udgment is further reviewed by the General Assembly where a two-thirds vote of each
house is required for removal.
PIn Utah,
two
representatives and 2 senators serve for 2 years, and 3 bar commissioners serve for 4 years.
9The Vermont Supreme Court may order disciplinary sanctions including suspension for the remainder of a
judge's term.
rIn West Virginia a jpstice or judge may be removed only by impeachment.
*Two members of the District of Columbia Commission on Judicial Disabilities and Tenure are unspecified and serve 5 year terms.
tPuerto Rico has judicial disciplinary procedures within their Supreme Court, but no disciplinary commission.
Sources:
Irene A. Tesitor, Judicial Conduct Organizations,
American Judicature Society 1978, Table 1; state descriptions.
Table 15:
Judicial compensation commissions, 1980.
Name of commission, date of enabling legislation, number,
appointment, and compensation of members.
State
Name of
commIssion
Date of
Number
enabling
of
legislation members
ALABAMA
Judicial Compensa-
tion Commission
1975
5
ALASKA
Alaska Salary
#1976
5
Commission
ARIZONA
Commission on
1975
5
Salaries for Elec-
tive Officials
COLORADO
Colorado State
1975
9
Officials' Compen-
sation Commission
CONNECTICUT . Compensation Commis-
sion for Elected
1971
11
State Officers and
Judges
FLORIDA
State Officers'
1972
9
Compensation
Commission
GEORGIA
State Commission
on Compensation
1971
12
ILLINOIS
Commission on Cour
pensation of State
and Local Govern-
1967
5
mental Officials
IOWA
Commission on Com-
pensation Expenses
and Salaries for
1972
15
Elected State
Officials
KENTUCKY
Public Officials
1976
5
Coepensation
Commission
LOUISIANA
Coepensation Review
1975
19
Commission
(amended
Compensation
Appointment
Reimbursement
of members
Par diem
of expenses
,
1 by Governor
N/A
Actual
1
by President of Senate
expenses
1 by Speaker of the House
2 by Alabama Bar
5 by Governor
(a)
Travel
expenses.
2 by Governor
N/A
Travel and
1 by President of Senste
subsistence
1 by Speaker of the House
expenses
1
by Chief Justice
3 by Governor
2 by President of Senate
2 by Speaker of the House
2 by Chief Justice
3 by Governor
2 by President of Senate
2 by Speaker of the House
4, 2 by each minority
leader of legislature
2 by Governor
2 by President of Senate
2 by Speaker of the House
2 by Chief Justice
1
by other commission
members
4 by Governor
2 by Lt. Governor
2 by Speaker of the House
4 by Supreme Court
N/A
N/A
N/A
Actual and
necessary
expenses
Necessary
expenses
Travel
expenses
$25/day
Expenses and
allowances
5 by Governor, with
$50/day to
Actual and
advice and consent
a maximum
necessary
of Senate
of 100 days
expenses
pet year
5 by Governor
N/A
Actual and
5 by Speaker of the House
necessary
5 by President of Senate
expenses
1
by Governor
1 by Lt. Governor
1 by Speaker of the House
1 by President of Senate
1
by Chief Justice
5 by Governor
5 from the House of
1977)
Representatives by
Presiding Officer
5 from Senate by Presid-
ing Officer
1
by Chief Justice
1 by Chairmen of Confer-
ence of Court of
Appeals Judges
1
by Louisiana District
Judges' Association
1
by Louisiana City
Judges' Association
$50/day
(b)
Actual and
necessary
expenses
Actual arta
necessary
expenses
52
C.
State
Date of
Number
Compensation
Nemo of
enabling
of
Appointment
Reimbursement
commission
legislation members
of members
Per diem
of expenses
MICHIGAN .... State Officers'
1968
7
Compensation
(amended
Commission
1977)
7 by Governor
MONTANA
. Montana Salary
1973
8
2 by Governor
Commission
(amended
2 by Supreme Court
1974 and
1
by Senate Majority
1975)
Leader
N/A
$25/day
Actual and
necessary
expenses
Travel
expenses
NEW YORK ....
Commission on
Legislative and
Judicial Salaries
1972
9
1 by Senate Minority
Leader
1
by Speaker of the House
1
by the House Minority
Leader
9 by Governor, with
advice and consent
of Senatec
$100/day
(to a maxi
mum of
$7,500 per
member)
Actual and
necessary
expense5
OHIO
Elected Official
and Judicial
Compensation Review
Commdssion
1972
(amended
1973 and
1977)
9
9 by Governor with
advice and consent
of Senate
N/A
Actual and
necessary
expenses
PENNSYLVANIA. Commonwealth
Compensation
1971
3
1 by Governor
1 by President of Senate
$50/day
Costs and
expenses
Commission
1 by Speakeof the House
SOUTH DAKOTA
Commdssion on
1971
5
2 by Governor
N/A
Actual and
Salaries for
(amended
1 by President of Senate
necessary
Elective State
Officials
1973)
1 by Speaker of the House
1
by Chief Justice
fr
expenses
UTAH
Executive Compensal
1969
5
1
by Governor
$25/day
Necessary
um) Commdssion
(amended
1
by President,pf Senate
expenses
1971 and
1
by Speaker of the House
1977)
2 by other commission
members
VERMONT
.
Compensation
1971
5
1
by Governor
$25/day
Actual and
Advisory Board
(redesig
nated in
1
by President of Senate
1 by Speaker of the House
necessary
expenses'
1977)
2 by other commission
members
MICHIGAN ....
State Officers'
Compensation
1968
(amended)
7
7 by Governor
N A
Actual and
necessary
expenses
WASHINGTON ..
State Committee on
1965
7
President, Puget Sound
N/A
Travel
Salaries
(amended
University
expenses
1967 and
President, Washiwiton
1970)
State UniversiW
Chairman, State Personnel
Board
President, Association of
Washington Business
President, Pacific North
west Personnel Managers
Association
President, Washington
State Bar Association
President, Washington
State Labor Council
M/A
Not applicable.
aPer diem is authorised by law for boards and commissions.
bPer diem for attendance of commdssion meetings is the slime as per diem for attendance of legislative sessions.
cSix of the appointments are mode according to recommendations made by:
President of the Senate--2; Speakee-of the
Assombly--2; and Chief Judge of the Court of Appeals--2.
Source:
State Court Admdnistrators; Marilyn McCoy Roberts, Judicial Compensation Commissions (Williamsburg,
Virginia:
National Center for State Courts, 1979), Tables 1,
2, and 3.
Table 16: Jurisdiction of trial courts, 1980.
Level and name of court, geographic jurisdiction, number of districts,
number of judges, cMI, criminal, traffic, juvenile, and appellate
jurisdiction.
State, court level, and court name
Geographic bounds
of court
.
I.
"8
ALASAMAs
General--Circuit Court
Multi-county
39
113
Lisited--District Court
County
88
88
Probate Court
County
67
67
Municipal Court
Municipality
215
215
ALASKA:
Geaeral - -Superior Court
Multi-county
4
21
Limited- -District Court
Multi-county
4
69c
ARIZONA:
General --Superior Court
County
14
80
Limited--Justice of the Peace Court
Precinct
84
84
City Magistrate Court
City
74
94
ARKANSAS:
General - -Circuit Court'
Multi-county
19
33
Chancery Court
Multi-county
22
30
Probate Court
Multi-county
22
(d)
-Municipal Court
County
98
98*
,Limited-
County Court
County
75
75
Court of Common Pleas
County
12
(f)
Justice of the Peace Court
Varies
3
2
Police Court
City
1
3
City Court
City
82
76
CALIPORNLA:
General - -Superior Court
County
58
607
Limited- -Municipal Court
Combinations of
municipalities
83
472
Justice Court
Judicial District
100
96
COLORADO:
General - -District Court
Multi-county
22
106
Limited- -Denver Superior Court
Denver City and G3unty
1
Denver Juvenile Court
Denver City and County
1
3*
Denver Probate Court
Denver City and County
1
1
County Court
County
63
108
Municipal Court
Municipality
210
240h
CONINICTICUT:
Gametal --Superior Court
Judicial district
lli
110
Limited--Probate Court
Probate district
130
130
DELAWARE:
General --Superior Court
County
3
t
11
Court of Chancery
County
3
3,
LimitedCourt of Common Pleas
County
3
5
jamily Court
County
3
12
Municipal Court of Wilmington
Wilmington
1
3
Alderman's Courth .
Town
14
20
Justice of the Peace Court
Part of a county
16
54k
54
67
SS 
J 
X 
*X 
X 
X 
X 
. 
X 
X 
x 
X 
X 
X 
x 
x 
x 
x 
x 
x 
x 
x 
x 
x 
x 
x 
x 
x 
x 
x 
----../ 
X 
X 
X 
\ 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
X 
x 
x 
x 
x 
0001T 
$ 
X 
X 
X 
X 
X 
X 
X 
OW 
' 
c 
$ 
000 
g 
T 
$ 
X 
X 
X 
X 
X 
X 
X 
000'69 
X 
X 
000'69 
X 
x 
X 
000'69 
XXXX 
00£ 
$ 
X 
X 
006 
$ 
X 
X 
006 
$ 
X 
X 
MOS 
$ 
X 
X 
X 
006 
$ 
X 
X 
X 
X 
X 
X 
X 
00! 
$ 
X 
X 
x 
x 
x 
x 
x 
x 
x 
x ) 
000'09 
x 
x 
x 
x 
000's 
$ 
X 
X 
x 
X 
X 
oostxxxx 
i 
M. 
n 
n 
m i 
... 
OITUIDA0r 
07JJWIL 
... 
0 
M. 
n 
Ft 
4ft 
0 
o 
t 
a 
M 
0 ii 
n 
re 
40 
0 
o 
1 
m 
n 
m 
n 
n 
i 
r 
1 
r 
m 
0 
m 
elm/eddy 
/oursr/3 
ITaTO 
uowrporani 
1441/44smigno 
Table 16: Jurisdiction of trial botirts, 1980 (continued)
-
Geographic bounds
State, court level, and court name
of court
Of
44.40
I.
FLORIDA:
General - -Circuit Court
Limited - -County Court
Multi-county
County
GEORGLA:
GeneralSuperior Court
Multi-county
LimitedProbate Courtb
County
Juvenibt Court
County
Justice of the Peace Court
Militia District
State Court
County
Small Claims Courtb
Varies
Municipal Court (located in Savanah and Columbus) ....
Illy
Magistrate Court
/'!":ty
County Court
ounty
Civil Court
County
Criminal Court, Municipal Court (other locations),
Recorder's Court, Mayor's Court, City Council Court,
and Police Court')
Varies
HAWAII:
Gtneral - -Circuit Court
County
Land Court
State
Tax ARpnal Court ,
State
Limited - -District Court
County
IDAHO:
General - -District Court
Multi-county
ILLINOIS:
GeneralCircuit Court
Multi-county
INDIANA:
General - -Circuit Court
MAU -county
Superior Courtac
County
Limited- -County Court
Multi-county
Probate Court
County
Municipal Court of Marion County
County
Small Claims Court of Marion County
County
City Court
City
Town Court
Town
IOWA:
General - -District Court
Multi-county
ILKNSAS:
General --District Court
Multi-county
Limited - -Municipal Court.
City
KENTUCKY:
General - -Circuit Court .4
Multi-county
Limited- -District Court
Multi -county
20
302
67
198
42
110
159
159
55
ygn
1,774
1,531
60
77
97
97
2
2
4
5
3
2t
2
3
383
(v)
4
25'
I
(y)
I
(y)
4
18
7
99z
21
677aa
88
88
35
83
.65
65
I
I
I
15
8
8
47
47
19
19
8
30e
29
21Iaf
369
35644
56
91
56
123
4
56
s 69
Substantive jurisdiction
Civil
1 44
0 'I
4 14
i4 A
0 A
Criminal
Appellate
I.oO
i
i
..4Z
X
X
X
$ 5,000
X
X
$ 5,000
X
X
X
X
X
X
$
2000
X
X
X
X
$
40041
X
X
$ 1,500r
X
X
$ 1,0006
X
X
$
500°
X
$ 3,000v
X
X
X
N.)
X
X
Xm
X.
X
X
X
,-1
..,
>
Traffic
Juvenile
..,
c.)
X
X
X
X
Xm
Xm
X
X
XP
X
X
X
x
x
X
X
$ 1,000
x
x
x
x
X
X
X
X
X
X
X
$ 5,000
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
$ 3,000
X
X
x
4
x
X
$12,500
X
X
$ 1,500
X
X
Varissad
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
x
X
X
X
X
X
4 A
X
X
xab
x
X
X
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
X
X
X
$ 1,500
X
X
X
X
X
X
$ 1,500
X
X
X
57
7 0
Table 16: Jurisdiction of trial courts, 1980 (continued)
State, court level, and court name
Geographic bounds
of court
LOUISIANA:
General--District Court
Multi-parish
41
161
Limited--Juvenile Court
Parish
3
9
Family Court
Parish
1
3
City Court
Ward
49
60mb
Parish Court
Part or all of a parish
3
5
Muniqtpal Court of New Orleans
City
1
4m
Traffic Court of New Orleans
Parish
1
4a
Justice of the Peace Court
Single or multi-wards
376
376m
Mayor's Court
Municipality
250
25Oai
MAINE:
General--Superior Court
County
16
14
Limited--District Court
33
20
Probate Court
County
16
16
Administrative Court
State
2aj
MARYLAND:
0
General7-Circuit Court
Multi-county
8
97
Limited--District Court
Multi-county
12
87
Orphans' Court
Cohnty
22
66m
MASSACHUSETTS:
Ceneral--Trial Court of the Commonwealth:
Superior Court Department
County
14
56
Housing Court Department
Cpunty
2
3
Land Court Department
State
1
3
Probate and Family Court Department
County
14
33
Boston Municipal Court Departmeat
City
1
9
Juvenile Court Department
Divisions
4
7
District Court Department
Divisions
69
153
MICHIGAN:
Ceneral--Circuit Court
Multi-county
52
147
Recorder's Court of Detroit
CitgLoldpetroit
1
26
LimitedDistrict Court
Combniiions of cities
counties
and 98
214
Probate Court
County
83
106
Municipal Court
Varies
8
8
Common Pleas Court of Detroit
Wayne County
1
13
MINNESOTA:
Ceneral--District Courtb
Multi-county
10
72
List:AdProbate Court
County
2
2
County Court
County
67
136
County Municipal Court
County
2
28
Conciliation Court
County
69
(am)
58
71
,
X X
x
x
X
X
X
X
x X
X
)4 x X
x x X
X
X
X
X
X x
XxXxX
x x X
X
X
X XXxX >4
in.-o
oo
/
40 in 40
in in-
in
s-
-
....". 1....,..
P..""
0
0.0 0
0 Ls
0
0 0 o
0
000
8 8
0
x
X X
X X
X
X X
74
X )4
X
X
X
X X
X
X
X
X
X
X
X
X
X
X X X
X x
X
X
X X
X
X
X
X
X
X
X
X
inNi
..
V.00
x
x
x
in
in 4.0
V. 6)
,
ln0
0 io
Estate
Domestic relations
Law
Other civil
Minimum $ -amount
jurisdiction
Maximum $ -amount
jurisdiction
Felony
Misdemeanor
Criminal
Administrative
agency
Table 16: Jurisdiction of trial courts, 1980 (continued)
State, court level, and court name
Geographic bounds
of court
0
41j
4.1
o
$4.-1
00 w
u 0
4.4 e
0 4+
144
14
z
Ie
$..
.o
MISSISSIPPI:
General--Circuit Court
Multi-county
20
30
Chancery Court
Multi-county
20
35
LimitedCounty Court
County
16
20an
Family Court
County
1
1
Municipal Courtb
(ao)
(ap)
150a
Justice Court
Justice court.district
410
420
MISSOURI:
General--Circuit Court
Judicial circuit
43
300a9
MONTANA:
General--District Court
Multi-county
19
32
Limited--Justice of the Peace Court
County
90
90
City Court
City
100
100at
Municipal Court .
Municipality
2
2
Water Court
Water division
4
(as)
NEBRASKA:
General--District Court
Multi-county
21
45
Limite8--County Court
Multi-county
21
43
Separate Juvenile Court
County
3
4
Municipal Court
'
City
2
13
Workmen's Compensation Court ....
State
1
5
NEVADA:
General--District Court
Judicial district
9
29
LimitedJustices' Court
Township
60
60at
Municipal Court
City or town
21
21
NEW HAMPSHIRE:
General--Superior Court
County
10
15
Limited--Probate Court
County
10
10'
District Court
Judicial district
41
84au
Municipal Court
Town
15
201"
NEW JERSEY:
General--Superior Court
ogi
Multi-county
21
214
LimitedCounty District Court
CountF
21
39
Juvenile and Domestic Relations Court
County
21
33
Surrogate's Court
County
21
21
Municipal Court ...2
Municipality
526
372a1
Tax Court
State
1
9
NEW MEXICO:
General--District Court
Multi-county
13
44
Limited--Magistrate Court
County
32
72ax
Municipal Court
Municipality
96
96'
Probate Court
County
32
32
Metropolitan Court of Bernalillo CountyaY
County
1
11
Small Claima Court of AlbuquerqueaY
Municipality
1
1
.
60
Substantive jurisdiction
Civfl
Criminal
X
X
X
X
X
$10,000
X
X
$
500
.-1ur.
X
I.0c
i
Traffic
Juvenile
Appellate
X
x
x
x
x
x
x
x
x
x
x
x
x
X
X
X
$
50
X
X
X
X
X
X
X
X
X
X
X
X
X
$ 1,500
X
X
$
300
X
.,
$
300
X
X
X
X
X
$5,000
X
X
X
X
X
X
X
Ir.
X
X
X
X
X
$ 5,000
X
X
X
X
X
X
X
X
$ 5,000
X
X
X
X
$
300
X
$
75
X
X
$
750
x
x
x
x
x
x
x
x
X
X
X
$
500
X
X
$ 5,000
X
X
X
$
500
X
X
X
X
X
X
X
X
$ 3,000
X
X
X
11.
X
x
x
X
X
X
X
X
X
X
X
X
$ 2,000
X
X
X
X
X
$ 5,000
X
X
X
$ 2,000
X
61
74
Table 16: Jurisdiction of trial courts, 1980 (continued)
Geographic bounds
State, court level, and court ilame
of court
4,
0
NEW YORK:
General--Supreme Court
Multi-county
County Court
County
Limited--Surrogate's Court
County
Family Court
County
Civil Court of the City of New York
City of New York
Criminal Court of the City of New York
City of New York
District Court
Varies
City Courtb
City
Court of Claima
Multi-county
Town Justice Court and Village Justice Court
Municipality
NORTH CAROLINA:
General--Superior Court
Multi-county
Limited--District Court
Multi-county
NORTH DAKOTA:
General--District Court
Multi-county
Limited--County Court
County
County Court with Increased Jurisdiction
County
County Justice Court
County
Municipal Court
Municipality
OHIO:
General--Court of Common Pleas
County
Limited--Municipark,Court
/..
Varies
County Court
Varies
Mayor's Court
Municipality
Court of Claims
....4
-,t-
State
OKLAHOMA:
General--District Court
Judicial district
Limited--Municipal Criminal Court of Record
City
Municipal Court Not of Record
City
Workers' Compensation Cour
State
Court of Tax Review
State
,
Court of Rank Review
State
OREGON:
I
General--Circuit Court
Multi-county
Tax Court
State
Limited--District Courtb
Multi-county
Justice Court
Portion of county
County Courtb
County
Municipal Court
City
PENNSYLVANIA:
General--Court of Common Pleas
Multi-county
imited--District Justice Court
Magisterial district
Community Courtbl
(bl)
Zhiladelphia Municipal Court
Philadelphia County
Philadelphia Traffic Court
Philadelphia County
Pittsburgh Magistrates Court
City of Pittsburgh
11
263
57
104
62
35ba
58
lobs
1
120
1
98
2
49
61
161bc
9
43be
2,424
2,424
33
66
33
136
7
24
36
36
17
17
36
36
187
190
88
313
110
189
59
59
700
690
1
(bf)
26
1984
2
19bh
167
534bi
1
(bj)
1
(bk)
1
(bk)
20
75
1
,
1
24
55
40
40
9
9
165
193
59
285
555
555
01)
obl
22
1
6
1
6
75
62
Substantive jurisdiction
Civil
1
e'
Criminal
$ 6, 000az
X
$ 6, 000bb
X
$10,000
$ 6,000
(bd)
$ 3, 000
Appellate
Traffic
Juvenile
X
X
X
X
X
X
X
X
X
$5,000
X
X
X
x
x
x
x
x
x
x
x
x
$ 5,000
$ 1,000
$
200
X
X
X
X
$
500
X
X
X
X
X
X
X
X
X
X
X
X
X
X
$10,000
X
X
X
$ 3,000
X
X
X
X
X
X
x
x
x
X
X
X
X
$ 3,000
X
X
X
X
X
X
X
X
X
$ 3,000
X
X
X
X
$ 2, 500
X
X
,
X
X
X
X
X
X
X
X
X
X
$ 2, 000
X
X
X
$ 2,000
X
X
X
X
$ 1, 000
X
X
X
X
x
X
63
76
Table 16: Jurisdiction of trial courts, 1980 (continued)
*4,
Geographic bounds
State, court level, and court name
. of court
47,
0
I.
RHODE ISLAND:
Ceneral--Superior Court
Limitedfamily Court
District Court
Probate Court
Municipal Court
County
State
Judicial district
City or town
City or county
4
19
1
11
8
13
39
39a
3
5a
SOUTH CAROLINA:
GeneralCircuit Court
Multi-county
16
31
Limited--Family Court
Multi-county
16
46
Probate Court
County
46
46
Magistrate's Court
Magisterial District
322
330
Municipal Court
Municipality
82
250
SOUTH DAKOTA:
General - -Circuit Court
Multi-county
8
141bm
TENNESSEE:
'.4
GeneralCircuit Coure
Multi-county
31
58
Criminal Cotrt,.-
Multi-county
.
13 e
26
Chancery CourC
Multi-county
18
27
Law and Equity Court
County
4
5
LimitedCounty Court
County
68
68_
General Sessions.Courtb
11.
County
92
92
Probate Court
County
3
2bP
Juvenile Court
County
16
.61041
Trial Justice Court
County
2
2
Municipal Court
Municipality
300
192
TEXAS:
Ceneral--District Courtb ...
Varies
310
310
Limited--County Court:
County Court Constitutional
County
254
254
County Court at Lawb
C
nty
98
98
Probate Court .
Cou ty
8
8
Justice of the Peace Court
PreciTct
972
972
Municipal Court
Munilpality
863
863
UTAH:
i
Ceneral--District Court
Judicial district
7
24
LimitedCircuit Court
Judi ial circuit
12
33
Justice Court
Munic
ality
210
170
Juvenile Court
State
5
9
VERMONT:
GeneralSuperior Court
County
\
14
38br
r
Limited--District Court
Multi-coUmsty
16
14
Probate Court
All or partlof a county
19
19a
,/
VIRGINIA:
General--Circuit Court
Multi-county
31
111
Limited--General District Court
Multi-county
32
gabs
Juvenile and Domestic Relations District Court
Multi-county
32
65
64
77
Substantive jurisdiction
Civil
Criminal
Appellate
Traffic
Juvenile
X
X
$ 5,000
X
X
X
X
x,J
X
X
X
$ 5,000
X
X
X
X
X
*
X
X
- -\
X
X
X
X
X
X \
X
X
X
X
x
x
x
x
x
x
$ 1,000
X
x
x
x
$ 1,000
X
X
X
X
X
X
X
x
X
X
X
X
X
X
x
X
X
X
X
x
X
X
X
X
X
$
50bn
$
50
$
50
$10,000
$10,000
x
X
x
X
X
X
X
X
X
X
X
X
.:
x
X bo
x
:
x
X
X
X
X
X
X
X
$
500
1
X
X
$
200
$ 1,000
X
i
X
X
X
$
200
$ 5,000
X
X
X
X
2.r_,,
X
$
500
X
X
X
X
X
X
X
X
$ 5,000
X
X
X
X
$
750
x
x
x
X
X
X
$
200
X
X
X
X
X
X
X
$ 5,000
X
X
X
X
X
X
X
x
X
X
$ 1,000
X
X
X
X
X
X
X
X
$ 5,000
X
X
X
X
X
X
65
Table 16: Jurisdiction of trial courts, 1980 (continued)
Geographic bounds
State, court level, end court name
of court
WASHINGTON:
General - -Superior Court
Multi-county
28
118
Limited- -Justice of the Peace Court
Columbia County
1
District Court
Part or ell of a county
73
9:bu
Municipal Court
Municipality
225
206bv
WEST VIRGINIA:
General - -Circuit Court
Li:sitedMagistrate Court
Municipal Court
Multi-county
31
60
County
55
150
Municipelity
54
54
WISCONSIN:
General --Circuit Court
Multi-county
69
190
Limited--Municipal Justice Court
Municipality
216
216
WYOMING:
GeneralDistrict Court
Multi-county
9
15
LimitedCounty Court
County
2
4
Justice of the Peace Court
County
38
43*
Municipal Court
MOnicipality
74
77*
AMERICAN SAM)A:
General - -High Court of American Samoa
Territory
1
7bw
Limited- -District Court
Territory
1
1
Village Court
Village
(bx)
DISTRICT OF COLUMBIA:
General- -Superior Court
District
1
44
GUAM:
General - -Superior Court
Territory
1
5
PUERTO RICO:
General- -Superior Court
Court district
12
92
Limited --District Court
Municipality
3$
99
Municipal Court
Municipality
(by)
60
VIRGIN ISLANDS:
Limited - -Territorial Court of the Virgin Islands
Judicial division-
2
5
*Judges in this court serve pert-time.
bJurisdiction in this court varies from locution to locution.
eThere ere 23 judges end 46 magistrates that serve the Alaska District Court.
4Chancellors (judges of the Chancery Court) also serve the Probate Court in Arkansas.
Four of the judges of the Arkansas Municipal Court serve es full-time Judges; the remaining 94 serve pert-time.
1County judges serve the Arkansas Count of Common Pleats.
$The maximum 8-amount of civil jurisdiction of the Arkansas Court of Common Pleas varies from 8500 to 81,500.
boThe Colorado Municipal Court is served by 15 full-time and 225 part-time judges.
4/hen hearing juvenile cases, the Commecticut Superior Court is divided into 15 districts.
in. Delaware Sount of Chancery is served by 1 chancellor end 2 vice chancellors.
bJudges serving the Delaware Justice of the Peace Court qonsist of 53 justices of the peace and 1 chief megistrete.
66
Substantive jurisdiction
Criminal
Appellate
..,
..,
1 g
o
1
g
w
1
...4
o
. 4..
./.. ,,
o
.4
u
u
I i
1
..
I.
a
iu
.4
o
x
o w
w w
-4
6,
A
31 A
w
c..
Traffic
Juvenile
X
X
X
X
X
X
$ 3,000
$ 1,000bt
X
X
X
X
X
X
X
X
$ 3,000
X
X
X
X
$
100
X
X
X
X
$ 1,500
X
X
XXXX
X
X
X
X
$
500
x
x
x
x
x
x
X
X
$ 7,000
x
X
X
$ 4,000
x
x
x
x
X
X
X
X
$ 3,000
X
X
X
X
$3,000
X
X
X
X
x
X
X
X
XXXX
X
X
X
i
x
x
X
$10,000
X
X
X
X
X
X
X
X
X
$10,000
X
X
X
XXXX
$50,000
X
X
X
1The Delawar Justice of the Peace Court in Wilmington has no criminal jurisdiction.
In counties with no State Court or County Court, the Georgia Probate Court hears violation&
of the Georgia State Highway Patrol Act of 1937, truancy, and fish and game violations.
%rive State Courts hear juvenile cases in counties with no separate Juvenile Court in Georala.
*Th Pasount of civil jurisdiction of the Georgia Justice of the Peace Court varies up to
$2,000 in soma locations.
'The Georgia Justice of the Peace Court has an internal appeal mechanism as an alternative to
appeal to the Superior Court.
The appeal I. made to a jury composed of the justice of the
peace and five other jurors9The $-amount of civil jurisdiction of the Georgia Small Claims
Court varies up to $5,000.
-
rThe maximum $-amount of civil jurisdiction of the Georgia Municipal Court in Savannah is
$1,500; it is $5,000 in Columbus.
'The $-amount of civil jurisdiction of the Georgia Magistrate Court varies up to
$2,000 in
Rockdale and Clarke Countis.
67
8 (1
Table 16: Jurisdiction of trial courts, 1980 (continued)
tOne probate judge serves as judge of the Georgia County Court in
addition to the two county
judges that serve it.
uThe maximum $-amount of civil jurisdiction of the Georgia County Court varies up to $500 in
Echols County.
vThe $-amount of civil jurisdiction of the Georgia
Civil Court varies up to $10,000 (in Richmond
County).
wThe number of judges serving these courts in Georgia is not
available.
aThe Hawaii Circuit Court I. served by 20 regular judges
and 5 judges in the Family Court Diviaion.
YThe Hawaii Land Court and Tax Appeal Court are each served
by one judge from the First Judicial
Circuit Court.
zThe Idaho District Court is served by 30 judges and
70 magistrates (in the Magistrate's
Division).
aaThe Illinois Circuit Court is served by 383 circuit and 294 associate
abille Indian& Circuit Court has appellate jurisdiction in small claims o
Small Claims Court
of Marion County.
acJurisdiction of the Indian& Superior Court varies from location to locat on.
iidThe maximum civil jurisdiction of the Indiana City Court varies from $500 ft 1,500.
aeThere are 92 full-time and 3 part-time judges,
13 district associate judges, 17 regular and 9t
substitute full-time magistrates, and 166 part-time
magistrates serving the three divisions of
the District Court orIowa.
afThere are 70 district, 67 associate district, and 74 district magistrate judges serving the
Kansas District Court.
a8There are
1
full-time and 355 part-time judges serving the Kansas Municpal Court.
ahThere are 11 full-time and 49 part-time judges serving in the Louisiana
City Court.
aiJudges of the Lousiana Mayor's Court are either the mayor of the municipality or a
legislatively authorized magistrate.
ajThe Maine Administrative Court is served by
1
judge and 1 associate judge.
akThe Mary land District Court has juvenile jurisdiction in Montgomery County only.
alThe Circuit Court in Wayne County, Michigan has a minimum $-amount for civil jurisdiction of
$5,000.
amHearing officers serve the Minnesota Conciliation Court in Hennepin and Ramsey Counties.
Elsewhere county judges serve this court.
"The Mississippi County Court is served by 13 full-time and 7 part-time judges.
"The geographic boundaries of the Mississippi Municipal Court varies depending on the type of
case.
These courts have municipality-wide jurisdiction over
municipal ordinance violations but
county-wide limited jurisdiction over state criminal law
violations.
"The number of Municipal Courts in Mississippi is not available.
agThe Missouri Circuit Court is served by 131 judges and 169 associate judges.
armany of the Montana City Court judges also function as jumtices of the peace.
asThe Montana Water Court is served by 4 District Court judges.
attune Justices of the Nevada Justices' Cobrt 'also serve as Municipal Court judges.
"The New Hampshire District Court is served by 9 full-time and 75 special or part-time judges.
antic New Hampshire Municipal Court is served by 15 part-time and 5 pecial judge,.
awThe New Jersey Municipal Court is served by 2 full-time and 75 special or part-time judges.
aaThere are 11 full-time and 61 part-time judges serving the New Mexico Magistrate Court.
aYThe Metropolitan Court of Bernalillo County, New Mexico, is to" be established on July 1,
1980.
The Small Claims Court of Albuquerque will be abolished at
that time.
azThe New York Supreme Court hears civil cases above the
$-amount jurisdiction of father courts,
varying from location to location from over
$6,000 to over $10,000.
"The New York Family Court and Surrogate's Court are served by 37 county judges in addition to
their regular, judges.
hhThe maximum $-amount of civil jurisdiction in the New York County Court varies
from $6,000 to
$10,000
bc,The City Court of the tate of New York is served by 101 full-time and 61 part-time judges.
"The maximum $-amount of civil Jurisdiction of the City Court of the state of New York is set by
the legislation creating each individual court and varies
from location to location.
"The New York Court of Claims is served by 17 judges and 26 special judges for dangerous drug
control.
hfThe Ohio Court of Claims is served by judges and justices on temporary assignment from the
appellate or general jurisdiction courts.
r
h-"There are 71 district, 77 associate diitrict, and 50 special
judges serving the Oklahoma
District Court.
hhThe Oklahoma Municipal Criminal Court of Record is served by 6 full-time and 13 part-time
judges.
,
hiThe Oklahoma MUnicipal Court Not of Record is served by 1 full-time and 533 part-time judges.
hhhe Oklahoms Worker's Compensation Court is served by even district judges.
"The Oklahoma Court of Tax Review end Court of Bank Review are served by three district judges
each.
68
blNo Community Court has yet been established in Pennsylvania.
"The South Dakota Circuit Court is served by 36 judges,
7 fulltime and II parttime lawyer
magistrates, and 22 lay magistrates.
bnThe $ amount minimum jurisdiction of the Tennessee Circuit Court varies up to $3,000 in some
larger counties.
biome only Law and Equity Court in Tennessee with appellate jurisdiction is the one located in
Gibson County that hears civil appeals from the General Sessions Court.
bPThe Tennessee Probate Court is served by
1 county and 5 general sessions judges in addition to
the 2 probate Judges that serve it.
bc1The Tennessee Juvenile Court is served by 7 general sessions and 2 county judges and 1 trial
)ustice in addition to the 6 juvenile judges that serve it.
brThore are 10 judges and 28 assistant judges serving the Vermont Superior Court.
"There are 83 fulltime and 15 parttime judges serving the Virginia Generil District Court.
btThe maximum $amount varies from $500 to $1,000 in different locations of the Washington
Justice of the Peace Court.
buThe Washington District Court is served by 63 fulltime and 31 parttime judges.
bv0f the 206 judges serving the Washington Municipal Court, 94 also serve in the District Court.
hwThe trial division of the High-Court of American Samoa is authorized to be served by 2 justices
and "not less than" 5 )udges.
bxThe American Samoa Village Court is served by associate justices of the High Court of American
Samoa.
byThe number of locations of the Puerto Rico Municipal Court is not available.
Source:
State Court_Administrators.
"C-
69
82
re#
Table 17:
Jurisdiction over appeals in trial courts, 1980.
e of general jurisdiction court, type of appeal, and court of origin.
State and name of general
jurisdiction court
Type of appeal and court of origin
De novo
On record
ALARAMA- -Circuit Court
ALASKA - -Syperior Court
ARIZONASuperior Court
ARKANSAS - -Circuit Court
District Court
Probate Court
Municipal Court
District Court
Justice Court
Police Court
Municipal Court
County Court
Court of Common Pleas
Justice of the Peace Court
Police Court
City Court
CALIFORNIASuperior Court ....
COLORADO - -District Court
CONNECTICUT - -Superior Court
DELAWARE - -Superior Court
FLORIDA--Circuit Court
GEORGIASuperior iourt
IDAHOtrict Court
_
INDIANA -7-Circuit Court=
District Court
Municipal Court
Justice Court
County Court
Probate Court
Justice of the Peace Court
FamilyeCourt
Municipal Court of Wilmington
Alderman's Court
Municipal Court
Justice Court
County Court
County Court
Probate Court
Justice of the Peace Court
Small Claims Court
Municipal Cqurt
Magfstrate's Court
County Court
Civil Court
Recorder's Court
Mayor's Court
City Court
Criminal Court
Police Court
County Court
tlagistrates Division of
Distrlct Court
Fasll
Claime Court of Marion County
City Coutt
Town Court,gh
Mall *JIM-Court
of Marion County
.
r
'City Coutt
Town .couft,
1V,
Super'ior Court
...
KANSAS - -District dourt
MunicKal Court
.
KENIUCKYr-tircuLt Court
LOUISIANA - -District Court
MAINE- -Superior Court
Traffic tourr of New Orleans
Justice of thp.pesce Couct
1100Mayor's ceurt*
altstrict Court (criminal appeals)
MARYLAND- -Circuit Court
District Court
Orphan's Court
fristrict Court
MunicipalCourt of New Orleans
Ci.ry Courts
Probate Court
District Court (non-erIminal
appeals)
District Court
ar,
70
State and name of general
jurisdiction court
Type of appeal and court of origin
De novo
On record
MICHIGAN - -Circuit Court
District Court
Probate Court
Municipal Court
Common Pleas Court of Detroit
District Court
Probate Court
Common Pleas Court of Detroit
MINNESOTADistrict Court
Probate Court
Probate Court
County Court
County Court
County Municipal Court
County Municipal Court
MISSISSIPPICircuit Court
County Court
Municipal Court
Justice Court
Chancery Court
County Court
Family Court
MONTANA - -District Court
County Court,
Municipal Court
Justice Court
Justice Court
City Court
1,-. Municipal Court
NEBRASKADistrict Court
County Court
County Court
Municipal Court
Municipal Court
NEVADADistrIct Cour'
Just', es
Court
Justices' Court
Municipal Court
Municipal Court
NEW HAMPSHIRE--Supe
orCourr
District Court
Municipal Court
NEW JERSEY--Superior Court:
Law Division
NEW MEXICODistrict Court ....
Magistrate Lourt
Municipal Court
Probat
Court
Metropo.itan Court of Bernalillo
County8
NEW YORK--County Court
A)
lin
CAROLINASuperIor Court.
District Court
Surrogatp's Court
Municipal Court
City Gourt (outside City of New
York)
Town and Village Justi,e Court
NORTH' DAKOTADistrict Court ..
County Court
County Justice Court
Municipal Court
OKLAHOMADistricf Court
NunicipaI Court Not of Record
OREGONCircuit Court
"Justice Court
County Court
Municipal Courts
PENNSYLVANIACourt of Common
Pleas
111111
RHOQE IiLANDT-Superior Court ..
DistTict Court
Probate Court
Municipal Court
SOUTK CAROLI.UACircuit Court
.
Probate Court
Magistrate's Court
Municipal tburt
Community Court*
Philadelphia Municipal Court
Philadelphia Traffic Court
Pittsburgh Magistrates Court,
District Austice Court
71
8 4
I
Table 17:
Jurisdiction over appeals in trial courts, 1980 (continued)
State and name of general
jurisdiction Court
Type of appeal and court of origin
De novo
On record
TENNESSES- -Circuit Court
Criminal Court
County Court
General Sessions Court
Probate Court
Juvenile Court
Trial Justice Court
Municipal Court
General Sessions Court
Trial Justice Court
TEXAS --District Court
County Court
UTAH--District Court
Justice Court
Sircuit Court
VERMONT- -Superior Court
Probate Court
VIRGINIA - -Circuit Court
General District Court
Juvenile and Domestic
Relations District CmOrt
WASHINGTONSuperior Court ....
Municipal Court
District Court
Justice of the Peace Court
HIST VINGINIA- -Circuit Court ..
Magistrate Court
WISCONSIN- -Circuit Court
Municipal Justice Court
WYOMINODistrict Court
AMERICAN SAMOA
PUERTO RICO- -Superior Court
VIRGIN ISLANDS
(No information available)
District Court
(No information available)
Municipal Court
.Justice of the Peace Court
County Court
Note:
Only those states whose general jurisdiction courts have appellate jurisdiction are listed
on this table.
&Me Metropolitan Court of Sernalillo County is to be established on July
1,
1980, replacing the
Municipal and Magistrate Courts in the county at that time.
bpennsylvania law provides for the creation of the Community Court, but as yet none has been created.
Source:
Americankler AssoCiation--National Center for State Courts, Implementation of Standards for
Judicial Administration Project, State Court Organisation Profile series )Williamsburg,
Virginia:
National Center for State Courts, 1977-1980); State Court Administrators.
72
Table 18:
Employees of appellate courts, 1980.
Number of full-time equivalent employees by position, for judicial
support and for the office of the clerk.
State and court
Judicial support
Office of the Clerk
e
Legal staff
1
w m..
...4
,4
o
v
o 0
0 M
V
I.
11
1
4.0
W IS
U
0.
0
IS
...1
0 V
4 t 1 .
& t
V
4.. 6
1 1
V W
...1 V
4, ...1
i"vs
a .0 - W
16, ...1
C
4.4
0 U
wW 0
V..0
3 :e
0 0
u
. ..1
...4 o
I.. .-4
0 U
6 4.1
I
V
V 0
13 .-4 a
4
w
.0
w
w
.00,1 U
4.1 V ..1
01 > V
W 04
V W
w
w
4 mm..
u
g
mw4
I.
o
...4
...4
ae
w
M.4
W
04
W w
3 1 1:::
... ..
0 . .
....
. 4
t 2
.2 :9 I.
y V 4
U .0
Total
Judges
17 o
0 4 0
4 A
3 :
V 4.I
CA 0
4.I
II 0
0 MU
C.3 4 4
1
'4
_personnel
ALABAMA-Supreme Court
9
2
o
12
o
Court of Civil Appeals
3
o
o
3
o
Court of Criminal Appeals
5
o
o
4
3
ALASKA--Supreme Court
5
(a)
(a)
13
2
Court of Appeals
3
(a)
(a)
(d)
(d)
ARIZONA-Supreme Court
Court of Appeals
ARKANSAS - -Supreme Court
Court of Appeals
CALIFORNIA-Supreme Court
Court of Appeals
5
(a)
(a)
10
5
12
(a)
(a)
12
10
7
0
1
7
0
6
0
0
6
0
7
0
2
24
9
54
0
1
61
25
COLORADO--Supreme Court
7
0
1
8
(a)
Court of Appeals
10
0
1
10
(a)
CONNECTICUT-Supreme Court
6
0
7
7
0
Appellate Sessions of
the Superior Court
3
(a)
(a)
(a)
3
DELAWARE --Supreme Court
5
0
0
5
0
FLORIDA -Supreme Court
District Courts of Appeal
GEORGIA--Supreme Court
Court of Appeals
7
(a)
(a)
14
(a)
39
(a)
(a)
71
7
7
0
7
16
2
9
(a)
2
(a)
(a)
HAWAII-Supreme Court
5
0
0
12
(a)
Intermediate Court of Appeals
3
(a)
(a)
3
(a)
IDAHO--Supreme Court
5
(a)
(a)
10
1
ILLINOIS-Supreme Court
Appellate Court
7
0
1
14
3
41
0
1
82
20
15
3
5
12b
o
lc
3
1
1
5
2
3
58.0
12.0
22.0
5
0
2
11
38.0
3
(d)
(d)
(d)
6.0d
7
0
1
7
35.0
15
0
2
13
64.0
3e
2
2
30.0
6
0
1
1
20.0
24
4
11
0
81.0
76
25
42
2
286.0
8
4f
2
5
35.0
10
28
2
6
41.0
6
0
2
1
29.0
(a)
0
4
4
14.0
7
lh
2
1
21.0
9
421
2
9
83.0
39
21i
10
38
225.0
7
7k
2
6
54.0
(a)
(a)
2
(a)
13.0
6
11
1
5
3o-op
'
3
(a)
(a)
(a)
9.0
6
(a)
1
3
26.0
10
49
1
14
199.0
41
(a)
5
48
248.0
INDIANA --Supreme Court
Court of Appeals
5
12
(a)
(a)
7
(a)
1
(a)
(29 combined)
5
12
Za
6n
(11 total)
(o)
(o)
30.0
60.0
IOWA--Supreme Court
9
0
0
10
8
7.7
0
2
4
40.7
Court of Appeals
5
0
0
5
(p)
3
0
(p)
(p)
13.0
KANSAS - -Supreme Court
7
1
3.5
7
(a)
7
189
3
9
55.5
Court of Appeals
7
(a)
(r)
7
3
7
(a)
(r)
(r)
24.0
KENTUCKY --Supremo Court
7
0
0
7
4
14
lla
1
5
49.0
Court of Appeals
14
0
0
14
8
22
0
0
9
67.0
-).
LOUISIANA --Supreme Court
7
0
0
21
10
11
It
4
9
63.0
Court of Appeals
32
0
0
35
2
32
6.3u
a
11
126.3
MINI--Supreme Judicial Court
7
(a)
0
11
(a)
8
1.3
1
1.8
30.1
MARYLAND-Court of Appeals
7
0
0
8
0
7
0
2
6
30.0
Court of Special Appeals
13
0
0
14
Z -
14
0
2
11
56.0
MASSACHUSETTS-Suprese Judicial
Court
7
(Information not available)
Appeals Court
10
(Information not available)
MICHIGAN-Supreme Court
7
9
4
31
6
18
0
5
3
83.0
Court of Appeals
18
(Information not available)
MINNESOTA-Suprene Court
9
3
0
19
0
13
4w
2
2.5
52.5
MISSISSIPPI-Supreme Court
9
0
0
9
3
11
3w
2
6
43.0
MISSOURI-Suprese Court
7
2
(a)
17
6
8
9z
7
5
61.0
Court of Appeals
30
10
0
30
36
9
12z
8
7
142.0
MONTANA -Supreme Court
7
*A
(Information not available)
NEBRASKA --Supreme Court
7
0
3
14
15
(a)
(a)
2
(a)
41.0
NEVADA --Supreme Court
5
(a)
1
6
9
9
(a)
3
3
36.0
NEW HAMPSHIRE - -Supreme Court
5
(a.)
(a)
5
0
(a)
1Y
2
4
mi.
17.0
NEW JERSEY -Supreme Court
7
Oz
0
17
/
0
13
0
5
17
59.0
Appellate Division of the
Superior Court
22
Oau
0
23
22
30
0
6
58
161.0
NEW MEXICO-Supreme Court
5
(a)
(a)
6
(a)
5
(a)
1
5
22.0
Court of Appeals
7
3
(a)
7
(a)
8
(a)
1
3
29.0
8 S
A
89
Table 18.
loyees of appellate courts, 1980 (continued)
State a
ourt
NEW YORK--C
r
f Appeals
Appellate Division of the
Supreme Court
Appellate Terms of the
Supreme Court
NORTH CAROLINA--Supreme Court
Court of Appeals
MDRTH DAKOTA- -Supreme Court
Judicial support
Office of the Clerk
Legal staff
.o
ui
V
...)0
al 0
0 0
8
4 0
4 4
I.)
....
4.)
u
a..
m ....
u
u
I.) 0
o
a ....
m....
m
...4
o w
4)
.....
a)
4)
.2.1
3 :
al
I.)
O I.) V
M 0
.4 a) 7 0
w 4.)
0
V 7
I.)
....I
8
4.1 41
I.) .-)
4 ,-I I+
1+ .4 C
al V
.44
0 U
W >
0 0
4 U
M u
I
W
V 0
4.) 8
8
4 41
8 4
4
4)
(3. 41
4
..
C
4
C
....
....
WO
4) 4)
t .2
V I.)
I.)
4.1
I.)
11)
7 V
.....
; 1 1
G al
8 U
Ill
4.
.0 ...I
7
Ill T5
111
(J 4
Total
Judges
3
g."8
3 : g
, ...I ',1
U e
th 0
.. 4 0
0 M U
V 4 4
W u
0 0
eta:zyltL
7
0
12
18
9
23
44bb
16
6
135.0
46
0
0
48
83
70
gbb
94
36
385.0
(cc)
0
0
0
18
0
0
24
12
54.0
7
(a)
1
8
(a)
8
gdd
1
3
36.0
12
(a)
1
12
8
15
(a)
1
7
56.0
5
1
1
5
1
5
gee
3
3
33.0
OHIO--Supreme Court
7
2
4
10
3
9
1.5,
3
4
43.5ff
Court of Appeals"
44
(Information not available)
(ff)
-.1m
OKLAHOMA-Supreme Court
9
0
0
9
4
12
188
1
7
43.0
Court of Criminal Appeals
3
0
0
5.5
4
5
0
0
0
17.5
Court of Appeals
6
0
0
6
4
0
0
0
0
16.0
OREGON--Supreme Court
7
(a)
3hh
10
1
7
(a)
2hh
Ilhh
41.0
Court of Appeals
10
(a)
(hh)
11
3
12
(a)
chh)
(hh)
3e'.0
PENNSYLVANIA-Supreme Court
7
(a)
(a)
33
(a)
8
2ii
17i3
2733
94.0
Superior Court
7
(a)
2
28
3
9
lii
3
10
63.0
Commonwealth Court
9
(a)
(a)
27
(a)
10
lii
7
17
71.0
4
RHODE ISLAND--Supreme Court
5
0
1
11
5
10
12kk
4
1
49.0
91
90
SOUTH CAROLIMA--Supreme Court
5
0
1
5
6
5
0
2
14
38.0
SOUTH DAKOTA--Supreue Court
5
(a)
(a)
5
1
5
(a)
2
1
19.0
111.
TENNESSEE--Supreue Court
5
(a)
(a)
7
(R)
5
311
31I m
1220
35.0
'A
Court of Appeals
12
(a)
(a)
12
(a)
12
(11)
(mm)
(mm)
36.0
Court of Criminal Appeals
9
(a)
(a)
9
(a)
9
(11)
(mm)
(am)
27.0
TEXAS-Supreme Court
9
(a)
(a)
10
5
15
(a)
6
1
46.0
Court of Criminal Appeals
9
(a)
(a)
18
5
15
(a)
5
(a)
52.0
Court of Civil Appeals
51
(a)
(a)
51
(a)
60
(a)
31
(a)
173.0
UTAH - -Supreme Court
'
5
0
0
10
3
4
(a)
1
(a)
VERMONT - -Supreme Court
5
0
1
5
0
0.3
0
1
2
VIRGINIA- -Supreme Court
7
(a)
1
7
6
8
2nn
2
7
WASHINGTON- -Supreme Court
9
1
3
19
(a)
8
1
2
10
Court of Appeals
16
4
(a)
20
(a)
22
(a)
17
(a)
WEST VINGINL4 - -Supreme Court
of Appeals
5
0
8
5
8
0
2
2
WISCONSINSupreme Court
7
(Info
ation not available)
Court of Appeals
12
(Inforation not available)
WYOMING - -Supreme Court
5
0
0
5
0
6.5
0.500
2
0
AMERICAN SAMOA -"-Appellate Division
of the High Court
7PP
(InformatiOn not available)
DISTRICT OF COLUMBIA - -Court of
Appeals ...e
9
0
O
21
3
11
3cm
5
18
PUERTO RICOSupreme Court
8
14
3
56
(a)
12
9
16
59
25.0
14.3
40.0
53.0
79.0
30.0
19.0
70.0
177.0
Notel. These data are not comparable to judicial employment data published by the Bureau of Justice
Statistics in the annual series Expenditure
and Employment Data for the Criminal Justice System because of differences in definitions, data collection methodology, and classification
chema.
All figures are given as full-time equivalents.
Blank space
Information is not available.
eThis position does not exist in this court.
hThe "other court employees" of the Alabama Supreme Court are the staff-of the state law library.
eThe one "other court employee" of the Alabama Court of Criminal Appeals is a reporter of decisions.
dAdministrative functions for the Court of Appeals are performed by the clerk of the Supreme Court in Alaska.
eThe three "other court employees" in the Arkansas Supreme Court are a librarian, a librarian aaa i a tont, and the
criminal justice coordinator.
fThe four "other court employees" that erve the Colorado Supreme Court are three librarians and one secretary to the law exam board.
SThe two "gther court employees" of the Colorado Court of Appeals are both staff attorneys.
hThe "other court employee" serving the Delaware Supreme Court is a bailiff.
1"Other court employees" serving the Florida Supreme Court are an internal audit coordinator, an sss i s tont to the
Chief Justice, 15 security
and custodial employees of the Marshall's Office, 4 employees of the Supreme Court library, a traffic courts coordinator, 9 data systems
personnel, and 11 employees of the Justice Data Center.
i"OtheY court employees" of the Florida District Courts of Appeal are the 21 employees of the five marshall's office.
k"Other court employees" ,serving the Georgia Supreme Court are the Director of the Office of Bar Admissions and its staff of six.
1The one "other court employee" serving the Hawaii Supreme Court is the bailiff.
"Other court employees" of the Indiana Supreme Court are a custodian and a sheriff.
n"Other court employeei" of 0, Indiana Court.of Appeals are 2 bailiffs,
1 custodian,
1 administrator, and 3 administrative staff personnel.
°A total of 11 employeei serve as the clerk of court and staff of that office for both the Supreme Court and the Cotiit of Appeals in Indiana.
r. PIn Ioifa, the central legal staff and the clerk of courts
office are shared between the Supreme Court and the Court of Appeals.
. ciTha ''other court employees" of the Kansas Supreme Court are 9 taff of the law library, 2 word processors, 2 bailiffs, and 5 disciplinary
employees_,
rIn Kansas, the Supreme Court and the-Court of Appeals share the same'court reporters and clerk of court office.
$
92 -
1
Table 18:
Employees of appellate courts, 1980 (continued
*The "other court employees" of the Kentucky Supreme Court are 7 law clerks, 2 screenipg attorneys, and 2 staff counsel.
tThe one "other court employee" of the Louisiana Supreme Court is the bailiff.
Line "other court employees" of the Louisiana Court of Appeal are 1 bailiff, 4 porters, and 1-1/3 (FTE) librarians.
v"Other court employees" serving the Minnesota Supreme Court are one administrative assistant, one paralegal, one mershall, and one janitor.
vThe "other court employees" of the Mi
'ppi Supreme Court are one administrative assistant, one porter, and one mershall.
"Other court employees" serving the Missouri Supreme Court and Court of Appeals are mArshalls, custodians, and printers.
YThe one "other court employee" serving the New Hampshire Supreme Court is a deputy sheriff.
zCourt reporters are assigned to the New Jersey Supreme Court on an "as needed" basis; the nearest FTE is zero.
zzProceedings of the Appellate Division of the New Jersey Superior Court are generally not recorded now.
It is anticipated that in the near
future these proceedings will be sound recorded.
"Incfuded in the "other court employees" for the New York Court of Appeals ed Appellate Divisions of the Supreme Court are clerks and
office assistants, stenographic and secretarial personnel, and court security personnel.
ccJudges from the Trial Division of the New York Supreme Court serve in the Appellate Terms of the Supreme Court.
dd"Other court employees" of the North Carolina Supreme Court include librarians and messengers.
"Listed under "other court employees" for the North Dakota Supreme Court are the employees of the Oftice of the Court Administrator.
"Each district of the Ohio Court of Appeals hires aud supervises its own staff.
The Office of the Administrative Director does not maintain
records of the number or type of these employees.
EEThe "other court employee" serving the Oklahoma Supreme Court is the chief legal executive asistant.
"The editors of opinion and the clerk of court and records staff of Oregon serve both the Supreme Court and the Court of Appeals.
11"Other court employees" serving the Pennsylvania Supreme Court, Superior Court, and Commonwealth Court are court'criers.
IJIn addition to the 23 employees in the clerk of court office that directly serve the Pennsylvania Supreme Court, there are also 21 employees
(11 clerks, 10 clerical support staff) that serve the Supreme Court committees included in the total.
kk"Other court employees" of the Rhode Island Supreme Court include 3 professionals in the central registry, 5.'in the state law library, 2 in
the state judicial records center, 2 bailiffs, and 1 automobile driver,.
11"Other court employees" in the Supreme Court of Tennessee are mershalla.
They also serve the Court of Appeals and Court of Criminal
Appeals.
nizThe clerk of the Tenn
Supreme Court and his staff also serve the Court of Appeals and Court of Criminal Appeals.
nn"Other court employees" of the Virginia Suprese Court are his law librarian and the assistant law librarian.
"There is 0.5 FTE bailiff employed by the Wyoming Supreme Court.
FFIThere are 4 justices, two of whom also serve the High Court of American Samoa (and are therefore not included here), and not less than
5
associate judges who serve the Appellate Division of the High Court of American Samoa.
WOther court employees" serving the District of Columbia Court of Appeals are a bailiff, a marshall, and a librarian.
r-
Source:
State Court Administrators.
94
95
J
Table 19:
Employees of general jurisdiction courts, 1980.
Number of full-time equivalent employees by position, for judicial
support and and for the office of the clerk
Judicial support
Office of the Clerk
Legal staff
....
a
0
V
tJ
C
V
$4 0
,
L
M
0
0
0 0)
0
10
ia
c
4.1 ,
V
, .0
0
04 0
M
.4
14
0. L
V
..4
M
0
. M
V
4 0)
E
W
14 V I-4
U
0) M
w
ILI V
,
a .0 0
00
00.0 0
= 00
C M V
0
4, L U
.0
4
,
L W44 y
W > V
444
V 0..4
04
4..)
Ci. 44
&A
U
State and court name:
03
44 44
14
.4
.4
40
4.1 44
4
4
V '0
04
44
M
V 0 4
7o
a -cr -a
C a
u -cr y
.c...4
To a
w c
w u
w C.
u 4 o
c u
JudgesH
maw()
..c m--,
o el
(I) a u
o a u
a w
I.
I.
u'll V
V GI-4
En a
U
ALABAMACircuit Court
113
18
114
28
0
58
74c
213
429
ALASKASuperior Court
21
3d
0
16
0
21
0
9d
214d
ARIZONASuperior Court
80
81
90
(a)
(a)
300
7480a
34
389.5
ARKANSAS--Circuit Court
33
0
33
0
76f
Chancery and Probate Court
30
0
30
0
(f)
CALIFORNIA--Superior Court
e
607
(Information not available)
k
COLORADODistrict Court
106
108
103
16
0
90
307g
61
243
CONNECTICUT--Superior Court
110
0
130
6
15
26
809h
110
316
DELAWARESuperior Court
11
3
16
0
6
314
421
(b)
(b)
Court of Chancery
3
0
2
0
2
6
0
(b)
(b)
FLORIDACircuit Court
302
57
109
(a)
(a)
302
0
(b)
(b)
GEORGIA--Superior Court
110
17
5163
80
0
104
(k)
a
159
660
HAWAIICircuit Court
25
0
22
.
14
0
57
211.51
4
90
Land Court
(m)
Tax Appeal Court
(m)
IDAHODistrict Court
4
99
8
30
7
(a)
(Information not available)
ILLINOISCircuit Court
677
21°
522°
("Judicial administration" employees kr
Cook County = 1,632)
(1,915
totalP)
INDIANA--Superior Court
83
(Information not available)
Circuit Court
88
(Information not available)
'
Total
personnel
1,047.0
284.0
1,722.8
142.0a
60.0'
(b)
1,034.0)
t
77149"
109.0
13.0
770.0
1,640.0
423.5
9 7
3.0
(a)
647.0
5,746.0
/OWA--District Court
3009
(Information not available)
KANSASDistrict Court
210.5
9
106
.48
8
65
302r
103
619
1,470.5
'
KENTUCKYCircuit Court
91
15
90
6
0
63
0
120s
1,0574
1,442.0
-..-
LOUISIANADistrict Court
161
11
170
60
) 0
156
0
325
325
1,208.0
MAINKSuperior Court d
14
3
15
4
0
4.6
0
16
53.7
110.3
MARYLANDCircuit Court
97
11
101
90
0
92
405
29
876
1,701.0
MASSACHUSETTS--Housing Court
Department
.
3
3
0
0
(t)
(t),_
9
'6
(0
41.0t
Land Court Department
3
1
0
0
(0
(0
2
44
(0
68.0t
Probate and Family Court Department
33
4
0
0
(t)
(0
145
(t)
501.0t
Boston Municipal Court Department
9
2
(t)
0
(t)
(t)
46
40
(t)
187.0t
Juvenile Court Department
7
3
0
0
(t)
(t)
90
13
(t)
164.0t
District Court Department
153
13
(t)
0
(0
(t)
810
243
(t)
2,347.0t
Superior Court Department
56
79
47
22
(t)
(t)
465
125
(t)
1,036.0t
\
MICHIGANCircuit Court
147
(Information not available)
2,110.0
Recorder's Court of Detroit
26
(Information not available)
681.0
MINNESOTADistrict Court
72
20
88.5
34
19
(u)
12"
88
735
1,068.5
MISSISSIPPI--Circutt Court
30
3
36
(Information not available)
82
Chancery Court
35
0
41
(Information not available)
82
MISSOURICircuit Court
i
300
5
131
7w
8
40
43w
162
1,377
2,073.0,
MONTANADistrict Court
32
(Information not availab e)
NEBRASKA--District Court
45
0
45
0
0
200
150
75
,t-
0
515.0
NEVADADistrict Court
29
4
4
25.5s(
0
31.5
16
(y)
(y)
108.0_
..
NEW HAMPSHIRE--Superior Court
15
0
18
6
3
3
0
20
67
132.0
NEW JERSEY--Supertor Court
214
143r
255
163
3
209
2,667
7
2,058
5,741.0
NEW ME ICODistrict Court-
j
44
11
45
0
0
44
150
13
.....
160
467.0.
NEW YOltKSupreme
Court and
County Court
367
142
50
173
0
733
2,407ss
80
0
4,436.0
4.
NORTH CAROLINA--Superior Court
66
5
61
0
'
274bb
30
144"
100
1,370
2,050.0
,
,.
NORTH DAKOTADistrict Court
24
6
24
(a)
(a)
(Information not available)
99
Table 19:
Employees of general jurisdiction courts, 1980 (continued)
Judicial support
Office of the Clerk
Legal staff
I.0
1".1
o
4.1
4.1
es
1. e
C
...A
....
w
o s..wo
...I
1.1
O 44 .44 .44
W
_...
1:1 0
44
414 .-/
0
ID
414 1:1
...1
.0
..1 .0
"
C ...I
4.1
WI
1.1
.-1 C J 414
$44
J 14
MI > II
11 44
\
0 14,
.! .i.
it' 4.1
8.
..4 .,, as
4.4 414
12 12
0 0
U V V
,.,
. 0
.1....?-,
6 ..,
(2 C .-
State and court name:
Judges 1-,00mo c.)$.
u
e u
---.
OHIO - -Court of Common Pleas
313
(Information not available)
OKLAHOMA--District Court
198
2
138
0
0
8
OREGON-Circuit Court
75
3
75
(ee)
0
(ee)
Tax Court
1
0
1
1
0
0
PENNSYLVANIA-Court of Common Pleas
285
(Information not available)
/
.
m
...)
RHODE ISLAND--Superior Court
19
2
23
o
6
13
\
\
SOUTH CAROLINA--Circuit Court
31
(a)
4
26
ca)
30
SOUTH DAKOTA-Circuit Court
141hh
2
)41
o
5
12
IS
414
414
o...=
10. 4.4
II
)1,
.0
1+
4.1
eV M
'5.'4 8
o a. u
...1
4J C
MI 0
0.44
ou
414
144 144
0 0I.
.11i
Q. 4.4
M
4.4
O V 0
,1 C 4.1
u e
le
.
...I
1.1
14 .0
0 ..I
M
W
U12 w
J1 2
.../u
1
l
1
Total
personnel
(b)
qgdd
77
487
1,002.0
(ee)
(ee)
(ee)
210.0"
o
1
5.0
11"
36
26
134.0
(a)
(a)
(a)
131.0
V
9488
64.4
99.1
353.5
TENNESSEE-Circuit Court
58
o
56
o
o
45
(b)
(b)
(b)
Criainal Court
26
o
(serves
o
o
17
(b)
(b)
(b)
Chancery Court
27
,o
all
o
o
23
41
(b)
(b)
(b)
Equity Court
1
5
0
courts)
0
0
2
(b)
(b)
(b)
TEXAS-District Court
310
(Information not available)
UTAH--District Court
24
7
24
U
2
8
(Information not available)
VERMONT-Superior Court
38
0
11
0
3
6
l0 0
VIRGINIA--Circuit Court
111
(Information not available
WASHINGTON--Superior Court
118
(Information not available)
WEST VIRGINIA--Circuit Court
60
1
65
2
0
- 57
WISCONSIN--Circuit Court
190
(Information not available)
WYOMING--District Court
15
0
15
3
2
6.5
101
0
77
0
1.;.1
14
(b)
23
26.5
(b)
(b)
68.5
262.0
64.5
DISTRICT OF COLUMBIASuperior Court
44
34
38
88
6
255
436jj
5
a
914.0
PUERTO RICO--Superior Court
92
21
124
124
0
149
373
.
431
Km.
1,415.0
AMERICAN SAMOAHigh Court
7kk
(Information not available)
GUAM--Superior Court
5
0
4
0
3
6
50,
16
8
92.0
Note:
These data are not comparable to judicial employment data published by the bureau of Justice Statistics in the anlival series Expenditure end
Zmployment Data for the Criminal Justice System because of differences in definitions, data collection methodology, nod classification schema.
All figures are given as full-time equivalents.
blank space = Information is not available.
4This position does not exist in this court.
hPeople serving this function in this court are funded by local, usually county government and therefore are not considere8 employees of the
state-level judiciary.
Data concerning their numbers is not available to the state-level administrative office.
clhe "other court employees" of the Alabama Circuit Court are 72 bailiffs and 2 "grandfathered" magistrates.
dTrial court administrators and the clerk of court offices serve both the general and limited jurisdiction courts in Alaska.
e"Other court employees" of the Arizona Superior Court are 75 bailiffs, 14 library personnel, 413 probation officers, 156.25 probation services
support personnel, 26 juvenile custodial support staff, and 64 other support personnel.
fThe 76 professional employees of the Office of the Clerk of the Arkansas Circuit Court also serve the Chancery and.Probate Court.
RThe Colorado District Court employs 48 bailiffs, 179 probation officers, and 80 probation clerks.
h"Other court employees" of the Connecticut Superior Court include 64 employees divided among the central records and revenue accounting
staffs, interpreters, the grievance committee, and the bail committee, and 745 employees of the separately budgete,I.Adult Probation and Family
co
Divisions of the Court.
1The Delaware Superior Court employs 1 FTE jury commissioner (6 actual people), 16 presentence officers, 19 bailiffs, and-6 scheduling
officers.
JThere are 516 court reporters serving all courts, both of general and limited jurisdiction in Georgia.
Of these, 140 are court appointed.
kThe probation function in the State of Georgia is funded by the Executive branch in most locations.
A few counties have independent
probation offices.
1"Other court employees" serving the Hawaii Circuit Court including bailiffs, key equipment operators, computer operators, social workers,
translators, offset press operators, court fiscal officers, and statistics clerks.
mThe employment data for the Hawaii Land Court and Tax Appeal Court are included with the Circuit Court data.
nThere are seven court administrators and 14 administrative secretaries who perform the function of court administrators in Illinois.
None of
their professional staffs are included in this figure:
°This figure does not include 14 part-time court reporters.
PThere are a total of 1,814 employees of the Clerk of Circuit Court in Cook County, and 101 61 the rest of the state.
clThere are 92 full-time and 3 part-time district judges, 13 district associate judges, and 26 regular and special full-time and 166 part-time
magistrates in the lova District Court.
r"Other court employees" serving the Kansas District Court are 292 court services officers, 2 psychologists, 3 bailiffs, 2 programmers,
and 3 systems,analysts.
'Clerks and their deputies serve both the Circuit Court and the District Court, the court of'limited jurisdiction, in Kentucky.
tData for court reporters, central legal staff, and secretaries and other clerical staff who provide judicial support or Work in the Clerk of
Court's office in the various departments of the Trial Court of Massachusetts are not available pending a job classification study.
The total
number of these employees is included in the number of total personnel by department of court.
1-
N102
103
Table 19: Employees of general jurisdiction courts, 1980.(continued)
"Clerical support for judicial functiods is prOvided by the Clerk of Court's office and is included in the clerk's budget 14 Minnesota.
"There are 12 FTE referees in the Minnesota District Court.
"There are 50 commissioners in the Missouri Circuit Court:
seven serve on the legal staff assigned to individual judges; the remainder are
listml under "other.court employees."
"Eight of,thetam clerks in the Nevada District Court also serve as bailiffs.
YCounty
lerks also serve,as clerks of the District Court in Nevada.
An estimate of the amount of time they spend performing this function is
not
vailable.
143 figure for trial court administration in the New Jersey Superior Court )ncludes those serving the courts of limited juriidiction.
"Included under "other court employees" for the Supreme Court and County Court of New York are clerks, office assistants, stenographic,
secretarial, a4 court security personnel.
bbCentral legal s aff of the North Carolina Superior Court includes district attorneys, public defenders, and their assistants.
"Thi fl gure givea under "other court employees" for the North Carolina Superior Court is for the staff of the district attorneys'
offices
including secrekaries; investiget,ors, and administrative assistants.
ddThe 98 "other aourt employees" of the Oklahoma District Court are all bailiffs.
"Data for Oreg9O Circiiit Court legal staff, other court employees, clerks of court, and all secretaries and other clerical staff are
estimated
to be approxiMately 57 employees.
NO breakdown by job classification is avaiAable.
The Oregon'State Court Administrator notes that only a
few circuit judges have law clerks.
""Other court employees" for the Rhode Island Superior Court are the 7 profesaionals and 4 clericals on the Jury Commission .
grOther court employees" of the South Dakota Circuit Court are 14 bailiffs, 62.5 probation officers, and 17.5 probation secretaries.
hhThere are 36 judges, 7 ;full-time and 11 part-time lawyer magistrttes, 22 lay magistrates, and 65 clerk/lay magistrates serving the South Dakota
Circuit Court.
"The "other court employees" in the West Virginia Circuit Court are 59 probation officers and 18 probation support personnel.
jiThe "other court employees" of the District of Columbia Superior Court include couct clocks, nurses, accounting and budgeting, personnel, and
procurement maployees, soeial services aides, and physicians.
.
kkThe Hi gh Court of American Samoa is served by 2 justices of the Appellate Division of the High Court and
"not less than" 5 judges.
Source:
State Court Administrators.
,
104
),-/
105
Table 20:
Law clerks for courts of last resort, 1980.
Number, method of selection, legal training, length of service, and
salary.
Stst
Number
Selected by
Law
degree
Replacements
Salary
Serving
Authorized
Court
Individual
Judge
Dicers
Annual
tionary
ALASAMA
12
12
X
X
Usually
$16,500
ALASKA
II
II
X
X
Usually
$20,544rto $23,796
ARIZONA
10
10
X%
X
Usually
$18,283
ARKANSAS
7
7
X
X
Usually
$12,000
CALIFORNIA
33
33
X
X
X
$21,900 to $57,984
COLORADO
e
8
X
X
Usually
$14,928
CONNIICTICUT
7
7
X
X
Usually
$17,000
DELAWARE
3
3
X
X
X
$13,412
FLORIDA
14
14
xc
X
X
$16,057 to $28,603
GEORGIA
14
14
X
X
Xa
X
$11,831 to $33,842
HAWAII
12
12
X
X
X
$17,508
IDAHO
10
10
X
X
X
$11,500 to $13,000
ILLINOtS
14
14
X
X
X
$19,000 to $20,000
INDIANA
8
10
X
Two years
X
$10,400 to $16,400
IOWA
9
9
X
X
X
$16,500
KANSAS
7
7
X
X
Two years
$15,000 to $16,000
KINTUCKY
7
7
xc
X4
X
$11,976
LOUISIANA
26
26
X(5)
X(21)
X
X
$22,533
MAINZ
1
7
7
X
X
X
$14,900
MARYLAND
8
8
X
X
X
$19,300
MASSACHUSETTS
14
No limit
X
X
$19,964
MICHIGAN
17
17
X
X
Two years
$17,121 to $21,087
MINNESOTA ....
19
19
X
X
Usually
$19,648
MISSISSIPPI
12
No Holt
X
X
X
$13,980
MISSOURI
7
25
X
X
X
$16,000
MONTANA
14
14
(b)
X
X
$14,700
NEBRASKA
7
7
X
X
X
$12,981
NIVADA
6
6
X
X
X
$17,900 to $19,000
NEW HAMPSHIRE
5
5
X
X
X.
X
$12,530
NEW JERSEY
15
15
X
X
X
$16,682
NEW MEXICO
5
5
X
X
X
$12,792 to $17,988
NEW YORK
22
22
X(7)
X(I5)
X
Two years
X
$22,093 to $33,611
NORTH CAROLINA
8
8
X
X
X
$17,820
NORTH PAKOTA
5
5
X
xa
X
$14,400
OHIO
11
11
X
X
X
$19,677 to $23,650
1
86
try
1 06
-
Stet
Number
Selected by
.1.aw
degree
Replacement.
Salary
Servidg
Authorized
Court
Individual
judge
Oilier.
Annual
tiotiary
OKLAHOMA:
.
Supreme Court
9
9
X t
x
X
$19,800 to $28,589
Court of Criminal
Appeal.
4
4
X
X
X
$19,800 to $26,589
OREGON
9
9
X
X
Usually
$17,885
PENNSYLVANIA
20
20
X
X
X
$16,000 to $11,500
RHODE ISLAND.
11
II
X
X
X
)11,429
SOUIH.CAROLINA
5
5
X
X
X
$12,000 to $20,000
SOUTH DAKOTA
5
5
X
X
X
$13,500
TENNESSEE
26
26
X
X
X
$15,510
TEXAS:
Supreme Court
10
10
X
X
k
$15,372
Court of Criminal
Appeal.
9
9
x
X5
Umnally
615,372
UTAH
..,
13
13
X(3)
x(10)
x
lt,
$15,000 to $30,000
VERMONT
5
5
x
x
$10,400 to $14,000
VIRGINIA
13
13
X
x
x
X
$18,672 to $19,422
WASHINGTON
10
10
x
x
X
$19,020 tO $24.348
WEST VIRGINIA
14
14
X
x
x
X
$20,000 ee.430,828
WISCOSIN
7
7
x
x
X
$19,200
WYOMING
5
5
X
x
X
$16,350 to $19,620
DISTRICT OP COLUMBIA
24
24
x
x
x
$18,258
PUERTO RICO
9
10
x
x4
X
$14,400
X o Affirmative.
*---.
Must be admitted to the bar.
bSection im by a committee of the court; appointment is
Montana'. only law school who ars about to graduate.
interviews.
The court accepts recommendation. of the
cSalected by individual judge but confirmedAy court.
&Must pamm Vermont bar exam.
,
Source:
State Court Administrator..
4-
a
by the chief juetice.
The committee interview. student. of
Any member of the court le free to join the committee at
committee and assigns clerks to individual judge..
87
107
/
Table 21:
9
Description Of state-level court administrative office, 1980.
Year authorized, authorization, date first administrator appointed, and
amount and sources of total expendituyes.
\
State
u V
%
N
w -4
0
.4 4
a au
4 4
o ,..,
o 44
°
'
Authorization
for office
w
ou
a k vs
-
4-+ v
ril.
Al IC
O.
GI
11
WI
Expenditure oe'
state-level
administrative offide
'
.
.
Sourca, of total expenditures
.-/k
Programa
,
-144Ukadministered
Operation of office
by offlcit
-
For year
$ Amount
ending:
.
State/Federal/Other Siate/Fedtral/Other
ALABAMA
1971
Constitution
anA
,.....__
statute
...v"
1971
$ 2,220,815
9/78
79%
21%
02
ALAKA
_
1959
Consntution
1959
$ 2,510,453
6/79
1002
OF
02
ARIZONA
1960
Constitution
1960 (Information not available)
92%
8%
40%
ARKANSAS
1965
Statute
1965
$
451,187
6/79
682
322
02
CALIFORNIA
1960
Cmnstitution
1960 (Information not available) 100%
0%
0%
COLORADO
1971
Constitution
and statute
1959
$ 2,383,60
6/79
84%
9%
7%
CONNECTICUT
1965
Statute
1965 (Information not available)
78%
22%
0%
DELAWARE
1971
Statute
1971
$ 2,450,900
6/79
'98%
2%
0%
FLORIDA
1972
Constitution
1972
$
872,033
6/79
100%
0%
0%
GEORGIA
1973
Statute
1973
$ 1,395,844
6/79
54%
43%
3%
HAWAII
1959
Statute
,
1959
$ 1,700,243
6/79
100%
0%
0%
IDAHO
1967
Statute
1967 (Information/Mot available) 100%
0%
0%
ILlupts
1959
Coristitution
1959
$ 1,900,582
6/79
91%
9%
0%
INDIANA
'1968
Statute
1968 (Information not available) 1002
02
0%
IOWA
1971,
Statute
1971
$
489,631
6/79
93%
7%
0%
KANSAS
,,
1965
Statute
1965
$
439,749
6/79
100%
02
0%
KENTUCKY
1976
Statute
1954
$39,827,548
6/79
952
52
02
LOUISIANA
1954
Constitution
1954
$
324,644
6/79
60%
40%
0%
and statute
. MAINE
1975
Statute
1975
$
233,636
6/79
100%
0%
0%
MARYLAND
1955
Statute
1955
$ 8,831,311
6/79
8492
122
02
MASSACHUSETTS...
1956
Statute
1956
$
974,391
6/80
762
242
02
MICHIGAN
1952
Constitution
1952
$22,575,284
9/79
100%
0%
0%
MINNESOTA
1963
Statute
1963
$ 1,064,383
6/79
702
302
02
MISSISSIPPI
1974
Court rule
19ii
$
189,792
6/79
12%
88%
0%
MISSOURI
1970
Constitution
19M
$20,103,339
6/79
81%
192
0%
MONTANA
1975
Statute
1975 (Information not available)
NEBRASKA
1972
Constitution
1972
$
7.70,100
6/80
100%
0%
0%
NEVADA
1977
Court rule
1971a
$.
237,839
6/79
100%
0%
0%
NEW HAMPSHIRE
(Not applicable)
'
$1
325,300
6/80
51%
49%
0%
/Os
88
02
02
02
942
62
02
100%
0%
0%
02
1002
02
12%
62%
26%
99%
<1%
<1%
(Information not
available)
(Intonation not
a4Milable)
27%.
73%
0%
0%
0%
0%
8%
15%
%
100%
OX
91%
9%
0%
0%
0%
0%
0%
0%
0%
72%
28%
0%
98%°
22
<12
8%
92%
0%*
10%
90%
0%
942
62
02
02
02
02
99%
1%
0%
132
87%
02
10%*
90%
0%
962
42
02
4
60%
40%
0%
9'1%
6%
2%
10%
90%
0%
a
ill
State
,
116 m
I+ .4
" w
.1 2
I ;V
w -(4
,t'e
°
r
Authorization
for office
1
w
o
" w"
: it 1
4J
4/4 441
CI
I'd
i
9
i i:
r
Expenditure of
state-level
administrative office
Source of total expenditures
Programs
administered
Operation of office
by office
For year
$ Amount
ending:
State/Federa1/OtheriState/Feders1/0ther
NEW JERSEY
1948
Constitution
1948
$26,519,468
6/80
100%
0%
0%
95%
5%
0%
NEW MEXICO
1/59
Statute
1959
$ 2,613,000
6/79
100%
0%
0%
29%
71%
0%
NEW YORK
1078
Constitution
1955
$ 7,192,545
3/79
100%
0%
0%
100%
0%
0%
NOR/M CAROLINA
1965
Constitution
1954
and statute
$64,830,830
6/79
100%
0%
0%
96%
4%
0%
NORTH DAKOTA
1971
Constitution
1971
and tatute
$
341,232
6/79
982
2%
0%
40%
60%
0%
OHIO
1955
Constitution
1955
and statute
$ 1,644,976h
6/79
100%
OZ
OZ
100%
0%
OZ
OKLAHOMA
1967
Constitution
1967
$10,232,385
6/79
98%
2%
0%
98%
2%
0%
OREGON
1971
Statute
1971
$ 6,250,000
6/79
100%
0%
0%
95%
5%
0%
PENNSYLVANIA
1968
Constitution
1968
$66,314,000
6/79
72%
28%
0%
61%
39%
0%
RHODE ISLAND
1969
Statute
1969
$
904,684
6/79
71%
29%
0%
13%
87%
0%
-4444-
SOUTH CAROLINA .
1973
Constitution
1973
$ 9,453,353
6/79
96%
4%
0%
100%
0%
9%
SOUTH DAKOTA
1974
Constitution
1974
$
408,871
6/79
100%
0%
0%
30%
70%
0%
TENNESSEE
1963
Statute
1964
$
677,600
6/79
41%
59%
0%
41%
59%
0%
TEXAS
1977
Statute
1977
$
392,328
9/79
71%
29%
0%
0%
0%
0%
UTAH
1973
Statute
1973
$
337,400
6/79
73%
27%
0%,
5%
95%
0%
VERMONT
1967
Statute
1967
$
244,200
6/7,
78%
22%
0%
78%
22%
OZ
VIRGINIA
19524
Statute
1952
432,677,537
6/79
84%
16%
02
98%
2%
0%
WASHINGTON
1957
Statute
1957
7,354,000
7/80
65%
33%
2%
100%
0%
0%
WEST VIRGINIA
1945
Statute
1975.
$
424,919
6/79
100%
0%
100%
0%
0%
WISCONSIN
1962
Statute
1962 (Information not available)
,0%
WYOMING
1974
Court rule
1974
$
78,655
6/79
87%
13%
0%
2%
98%
0%
AMERICAN SAMOA
1977
Court rule
1977
$
41,501
9/79
20%
69%
11%
0%
0%
100%
DISTRICT OP
COLUMBIA
1971
Statute
1971
$ 2,675,200
9/79
0%
0%
100%
0%
0%
0%
GUAM
(Information not available)
$. 553,243
9/79
94%
6%
0%
96%
4%
0%
PUERTO RICO
1952
Statute
1952
$ 4,157,412
6/79
99%
1%
0%
99%
1e
0%
VIRGIN ISLANDS .
1973
Statute
"
1973
(Information not available)
Note:
Figure* were rounded to the nearest whole number or percent.
aThe position of Director of the Administrative Office f:24 the Courts,in Nevada wakvetant from 1973 to 1977.
hThis figure is an aggregate amount for several gencies, one of which is the state court administrative office.
Source:
State Court Administrators; NCSP staff search pf statutes.
89
109
1
s
Table 22:
Personnel of state-level court admini trative office, 1980.
Number of full-time equivalent professionals by position.
'
State
Number of full-time tquivalent professionals by funct ion
1..
ALARAMA
40.0
7.0
6.0
ALASKA
32.8
1.5
5.5
ARIZONA
14.0
2.0
0.5
ARKANSAS
10.0
2.0
3.6
CALIFORNIA
54.0,10.0.
1. 0
COLORADO
40.0
2.8
11.8
CONNECTICX
51.0
5.0
13.0
DELAWARE
11.6
2.0
7.6
FLORIDA
13.0
2.0
0.0
GEORGIA
4...
19.0
1.6
2.6
HAWAII
29.0
2.0
9.0
IDAHO
5.0
1.0
2.0
ILLINOIS
11.0
1.1
, 1.3
INDIANA
2.0
2. Oa
0.0
IOWA
15.5
1.0
2.0
KANSAS
12.0
1.0
1.9
KENTUCKY
284.0
1.0
17.8
LOUISIANA
7.8
1.3
2.0
MAINE
11. 0
1. 0
O. 5
MARYLAND
28. 5
3. 5
11. 0
110
10.0
8.0
2.0
5.0
1.0
1.0
1.5
8.5
8.5
5.0
1.0
1.2
6.0
1.0
1.0
1.0
0.3
2.2
0.0
1.4
0.8
0.6
0.4
1.2
7.0
11.0
4.0
.2.0
0.0
f 18.0
4.8 / 11.0
2.0
2.2
0.5
5.0
14.0
0 6.0
2.0
4.0
1.0
6.0
0.0
1.0
a. o
1 . o
0.0
2.0
0.0
3.0
2.0
1.0
1.0
4.0
4.1
2.4
2.8
0.4
1.3
3.8
0.0
6.0
3.0
5.0
2.0
2.0
0.0
1.0
1.0
0.0
0.0
0.0
1.6
1.3
1.4
1. Q1
1.5
1.8
0.0
0.0
0.0
0.0
0.0
0.0
1
0.0
2.5
0.5
0.0
0.0
9.5
1.3
2.0
1.0
2.9
0.9
1.0
213.5
25.0
12.0
6.0 )
1.0
7.8
0.0
1.0
0.0
0.0
1.0
2.5
5.0
1.6
0.2
1.2
0.0
1.5
4.0
0.8
3.5
0.7
0.0
5.0
90
I
Number of full-time equivalent profession:1s by function
State
orl
orl
4
0
-4)
40
4
1
8 ..`.1
0 .
w 4
0
Ii
0.,
0,1
CU
U04u
4 u
0 4
0.
0
4
0 le
4
8 :4
.04
4 u
.
MASSACHUSETTS
MICHIGAN
72.0
MINNESOTA
27.2
MISSISSIPPI
5.0
MISSOURI
28.5
45.0
2.0
.
18.0
9.0
44.0
3.0
1.0
13.0
0.Q
1.0
0.5
0.0
1.0
9.4
-
3.3
1.0
MONTANA
(Information not available)
NEBRASKA
4.0
4.0,11
0.0
0.0
NEVADA
7.0
1.8
0.0
0.0
NEW HAMPSHIRE
4.0
0.4
0.3
0.6
NEW JERSEY
75.0
2.0
5.6
29.0
NEW MEXICO
15.0
2.0
4.0
1.0
NEW YORK
216.0
9.4
49.6
16.6
s
NORTH CAROLINA
46.0
3.0,
22.0
7.0
NORTH DAKOTA
5.0
1.0
0.5
0.0
OHIO
5.9
1.2
1.2
0.5
OKLAHOMA
4.0
2.0
1.0
0.0
OREGON
11.0
1.0
4.0
0.0
PENNSYLVANIA
27.0
1.0
7.0,
'3.0
RHODE ISLAND
27.0
1.2
16.4
1.4
SOUTH CAROLINA
11.0
5.0
3.0
1.0
13.0
1.0
3.0
6.0
2.2
2.0
.0
0.0
5.4
2.6'
0.0
0.0
2.2
1.0
1.2
0.4
8.0
7.0
5.0
1.0
38.6
,9.0
7.0
1.0
1.0
0.5
1.8
0.3
1.0
0.0
2.0
1.0
3.0
3.5
3.2
0.6
0.0
1.0
4.0
4.0
0.8
0.0
'2.4
0.0
0.0
0.0
6.0
1.0
37.0
2.0
0.0
0,4
0.0
h0
0.0
1.5
5.7
0.1
2.4
1.5
2.8
1.8
4.2
0.0
0.0
Q.0
2.0
0.2
1.0
1.0
17.0
0.5
0.5
2.5
53.4'
0.0
4.0
0.0
2.0
0.3
0.2
..44.0
0.0
..-
0.0
'
1 0
-..
2 0
2.5
1:17 1 j?6. 0
(
/
1.4
0.4
2.4
0.0
0.0
1.0
(
91
111
Table,22:
Personnel of State-level court administrative office, 1980Icontinued)
Stt
Number of full-time quivalent professionals by function
0
SOUTH DAKOTA
s.
I0.0
1.0
2.0
1.0
TENNESSEE
16.0
1.0
4.0
0.0
TEXAS
7.0
1.0
1.2
0.5
4.0
1.2
0.2
0.5
VERMONT
7.0
1.0
0.6
0.8
UTAH
VIRGINIA
19.5
2.0
4.0
3.0
WASHINGTON
52.0
39.0
9.0
4.5
1
WEST VIRGINIA
5.0
5.00
0.0
0..0
4.
WISCONSIN
(Information not available)
WYOMING
3.0
0.2
0.0
0.2
4 AMERICAN SAMOA
(Information not avati4abIe)
DISTRICT OF
COLUMBIA
104.0
2.0
14.0
49.0
GUAM
13.0
0.6
0.0
0.0
PUERTO RICO
137.6
5.0
18.0
36.0
3.0
1.0
1.0
0.0
1.0
6.0
1.0
1.5
1.0
1.5
1.2
0.0
0.3
1.0
1.8
0.8
0.2
0.2
0.2
0.5
2.3
0.4
0.5
0.2
1.1
4.0
1.0
2.0
0
3.5
3.0
1.5
1.5
1.5
7.5
0.0
0.0
0.0
6.0
0.0
1.2
. .0.5
0.0
0.2
0.7
17.0
1.0
4.0
2.0
15.0
8.0
0.6
1.8
0.5
1.6
16.5
7.0
20.0
5.0
29.5
VIRGIN ISLANDS
(Information not available)
.
Note:
All figures on this chart represent full-time equivalent (FTE) persons and were rounded
to nfarest tenth.
'In this office, administrative personnel (the director and deputies or assistants) P erform all
functions.
Source:
State Court Administrators.
92
11 2
Table 23:
Functions of state-level courtadministrative office, 1980.
Management and information system activities, court support
services, finance and budget, personnel, education and`training,
public information and liaison, and planning and research activities.
Activities and ervices
AL
AK
AZ
AR
CA
CO
CT
DE
MANAGEMENT ACTIVITIES:
Appears before legislative committees dealing with court-
related legislation
Obtains sponsors for legislation relating to work
Represents judiciary before agencies of the executive branch
Recommends to court of last resort the creation or dissolution
of judgeships
Recommends to the court of last resort the assignment of
judges
Nominates trial court administrators for selection by trial
courts
,
A
A
A
GL
GL
GL
A
A
A
A
A
G
SI
AAAAA
A
C
A
A
A
A
A
A
A
A
A
IG
G
S
INFORMATION SYSTEMS ACTIVITIES:
Responsible for records management systems
Responsible for managing data processing
Responsible for forms design
Responsible for managing information systems
Establishes records for automated administrative systems
Responsible for budgeting financial requirements of state
information system
Responsible for statewide inventory control of facilities/
equipment
GL
GL
GL
GL
GL
GL
GL
A
A
A
A
A
A
A
S
SI
SIG
SIG
SI
SI
SI
SI
A
SI
SI
A
A
A
A
A
A
A
SIG
SIG
SIG
SIG
SIG
SIG
SIG
A
A
A
A
S
COURT SUPPORT SERVICES:
Provides secretariat services to boards and eommittees
Researches court organization and function
Supplies reports and documents to the legislature as required
Provides technical assistance to court jurisdiction
Manages physical facilities for courts
eupervises probation services
Supervises court reporter services
Responsible for managing indigent defense
Assists court in exercise of its rule making function
A
GLGLASAAAAA
IGL
GL
A
A
A
A
S
I
SIGAAAA
ICI,
A
S
IGL
A
A
GL
SI
A
A
A
A
IGL
SIG
,It
SIG
SIG
A
A
FINANCE AND BUDGET ACTIVITIES:
Prepares budget for submission to the court of last resort
Conducts audit of judicial expenditures
i
Requires accounting and budget report from the courts
Approves requisitions for capital equipment/construction
Determines compensation for nonjudicial court personel
GL
GL
A
A
A
A
A
S
A
S
SI
A
A
A
A
A
A
A
A
SIG
SIG
SIG
SIG
S
PERSONNEL SERVICES:
Establishes qualifications for nonjudicial court personnel
GL
A
A
SIG
EDUCATION AND TRAINING ACTIVITIES:
Responsible for judicial training programs and seminars
Responsible for nonjudiciai training programs and seminars
Responsible for managing state law libraries
A
A
A
A
A
A
A
A
'A
A
A
A
SIG
SIG
PUBLIC INFORMATION AND LIAISON ACTIVITIES:
Disseminates information on court operations to the media and
public
Disseminates information on court decisions
to the media and public
A
A
A
A
A
SI AAAA
SI
A
A
PLANNING AND RESEARCH ACTIVITIES:
Responsible for court planning and grant management
Collects/analyzes/publishes court caseload statistics
Requires caseload reports from the courts
Collects statistics on expenditure* of state
GLGLAAAAASIG
GL
GT,
A
A
A
S
A
SI
A
A
A
SIG
A
SIG
A
A
A
A
A
Key:
A
All courts
S
Courts of last resort
I
Intermediate appellate courts
G
Courts of general jurisdiction
L
Court* of limited or special jurisdiction
94
113
FL
GA
H I
I D
I L
I N
IA
KS
KY
LA
ME
Pi)
MA
MI
MN
MS
MD
MT
NE
NV
,
ThrAGL
A
A
A
A
A
A
A
A
A
AGL
A
A
A
Alij
A
S
AGL
A
A
A
A
A
A
A
AGL
A
A
...1.0
A
A
A
A
A
A
A
A
A
A
A
AM.
A
A
A
A:41-
A
A
II
A
G
A
A
A
A
A
A
A
A
A
is
A
A
G
A
A
AGL
A
A
A
A.
G
A
A
A0
SG
g
G
0
GL
A
A
A
ASI
A
A
A
G49SL
A
GL
A
A
SI
S
A
S
A
Gk
A
A
IC
5.14
SL
A
GL
A
A
IC
GL
SI
A
GIIPA
A
G'-'SL
A
GL
A
A
GLSI
A
A
A
AGLGL
A
A
G
A
SL
A
A
A
SI
5
A
S
A
GL
A
A
G
SL
A
GL
A
ASI
A
AGLGL
A
A
G
A
SL
A
SGL
A
SSI
SI
A
ASIGL
A
S
SL
A
A
A
A
A
A
A,A
A
A
A
A
A
S
A
A
A
A
AGL
AGL
A
A
A
A
A
A
A
A
A
k,4
A
A
A
A
AGL
AGL
A
A
A
A
A
A
A
A
s". ..A.
A
A
A
ICI.
GL
IC
IGL
ICI.
GL
IC
GL
A
IC
Gly
A
SI
SI
A
SIGL
G
GL
GLGL
G
G
A
SG%
GL
A
GL
A
'A
A
A
S
,SI'S
A
S
GL
S
A
S
S
,.
*4
SGL
A
ASI
A
A
A
A
A
AGL
A
S
A
SL
S
A
SI
SI
AGL
A
S
GI.
A
SI
GL
SI
A
GL
A
S
A.
A
S
A
SI
SI
A
A
SIL
GL
SL
S
A
SI
SI
A
GL
S
SL
A
A
SI
SI
A
%A
GL
S
SL
A
A
A
A
A
A
AGL
A
A
A
A
AGL
A
f.9
A
A
GGL
A
A
A
A
A
A
SI
A
GL
AGL
A
A
A
A
A
A
A
A
A
GL
A
A
A
A
A
A
A
A
GL
AGL
A
A
A
A
A
A
A
A
AGL
A
A
S
A
AGL
A
A
A
A
A
A
A
A
A
AGL
A
AGL
A
A
A
A
A
A
A
A
A
A
A
A
AGL
A
AGL
A
A
A
A
A
A
A
A
A
A
AGL
A
'!'
A
S
.....
95
lii
Table 23:
Functions of state-level court administrative office, 1980 (continued)
Activities and services
NH
NJ
NM
NY
NC
ND
OH
OK
MANAGEMENT ACTIVITIES:
Appears before legislative committees dealing with court-
related legislation
.
Obtains,sponsors for legislation relating to work
Represents judiciary before agencies of the executive branch
Recommends to court of last resort the creation or dissolution
of judgeships
Recommends to the court of last resort the assignment of
judges
Nominates trial court administrators for election by trial
courts
AAAA
A
.
SIG
A
A
A
A
A
A
A
A
A
A
GL
GL
GL
A
SG
A
G
G
SIG
SIG
A
A
A
A
G
A
INFORMATION SYSTEMS ACTIVITIES:
Responsible for records management sxstems
.
Responsible for managing data procesOng
Responsible for forma design
Responsible for managing information systems
Establishes records for automated administrative systems
Responsible for budgeting financial requirements of state
information system
Responsible for tatewide inventory control of facilities/
equipment
'A
A
A
A
A
A
A
A
A
A
GL
GL
GL
GL
GL
GL
L
A
A
G
A
A
A
A
AASG
AAASG
AASG
GL
AASSA
A
SG
r
S
A
COURT SUPPORT SERVICES:
Provides secretariat services to boards and committees
Researches court organization and function
/Supplies reports and documents to the legislature as required
Provides technical assistance to court jurisdiction
Manages physical facilities for courts
Supervises probation services
Supervises court reporter ervice.
Responsible for managing indigent defense
Responsible for managing indigent defense
Assists court in exercise of its rule making function
AAAA
AAAA
IGL
SI
A
A
A
GL
S
G
G
,
A
IGL
SIG
A
IGL
AAAA
AAAAA
GL
L
GL
A
GL
A
G
S
S
A
G
G
FINANCE AND BUDGET ACTIVITIES:
Prepares budget for submission to the court of lasi-resart
Conducts audit of judicial expenditures
Requires accounting and budget report from the courts
Approves requisitions for capital equipment/construction
Determines compensation for nonjudicial court personnel
S
S
SIG
SI
ft
IGL
GL
GL
A
A
A
A
SIG
A
A
A
A
A
A
SG
SG
SG
S
S
4
A
G
G
PERSONNEL SERVICES:
Establishes qualifications for nonjudicial court pePsonnel
s
A
(
A
A
SG
EDUCATION AND TRAINING ACTIVITIES:
Responsible for judicial training programs and seminars
Responsible for nonjudicial training programa and seminars
Responsible for managing state law libraries
A
A
A
A
A
A
A
IGL
GL
GL
A
GL
A
A
4
s
A
A
PUBLIC INFORMATION AND LIAISON ACTIVITIES:
Disseminates information on court operations to the media and
public
Disseminates information on court decisions
to the media and public
A.
jAAAA
L
A
A
A
A
s
PLANNING AND RESEARCH ACTIVITIES:
Responsible for court planning and grant management
Collects/analyzes/publishes court caseload statistics
Requires caseload reports from the courts
Collects statistics on expenditures of state
A
A
A
A
A
A
G
GL
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
, A
Key:
A
All courts
S
Courts of last resort
I. Intermediate appellate.courts
96
115
G
Courts of general jurisdiction
L
Courts of limited or special jurisdiction
OR
PA
RI
SC
SD
TN
TX
trr
VT
VA
WA
WV
WI
WY
AS
DC
GU
PR
VI
A
A
A
A
A
A
GI ICI
GI GL
A
A
A
A
A
A
A
GI
GI
A
A
A
SIG
SIG
SIG
SIG
A
A
A
A
A
GI
GI
A
A
A
GI
CL
A
A
A
A
A
A
A
A
ICGA0
A
A
A
A
;
^1.00
.-I
r-I
II
0>
"
0
00
SL
SL
SL
A
A
G
G
G
A
A
A
A
A
.
A
SI
A
SI
SI
SI
IL
A
SI
A
SI
SI
A
A
A
A
A
A
A
GI
GI
OL
GI
GI
GI
A
A
A
A
A
A
SIG
SIG
SIG
SIG
GI
GI
GI
GI
GI
GI
AA
A
GI
GI
A
SL
A
A
A
A
A
A
A
A
A
A
A
SI
A
A
A
A
oS
,.4
in
A
A
S
A
A
A
A
A
. A
A
G
G
A
A
A
A
A
A
A
N
A
A
A
A
A
A
IGL IGL
SI
SI
SI
A
A
A
A
GI
A
S
A
A
A
GI
1
A
A
A
A
G
A
A
A
A
SIG
SIG
SIG
G
A
SIG
A
A
A
S
A
GI
GI
GI
G
GL
A
A
A
GI
SL
a
SL
GI
A
A
L
L
A
A
A
IGL
S
A
S
A
A
A
A
A
A
S
A
A
GI
S
A
A
.,"
A
A
A
A
A
A
A
A
A
G
G
G
G
G
A
A
IGL
A
A
A
SI
A
A
SI
SI
SI
SI
A
A
A
A
A
A
A
A
SIG
SIG
G
GL
GL
GL
A
A
SL
SL
A
L
L
1
I
A
A
A
A
S
A
A
A
A
A
G
G
G
G
A
A
A
A
SI ,SI
A
A
GL
SL
L
A
S
A
A
G
A
A IGL
A IGL
A
A
A
L
L
A
A
SIG
G
SIG
cj
A.AL
GL
AAA
A
A
S
A
A
A
A
G
G
4k!i
A
A
A
SI
A
GL
A
A
GL
ALAA
A
S
A
A
A
A
G
A
S
I
A
A
A
A
A
A
A
A
A
GL
GL
GL
A
A
A
A
SIG
SIG
SIG
A
IG
GL
GL
GL
GL
ALAA
A
A
A
SGL
GL
GL
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
G
G
G
A
A
A
Source
State Court Administrators.
97
eMg.
Table 24:
State-court administrators, 1980.
Qualifications, appointing authority, and salary.
State
Qu lifications for Stet
Court Administrator
Education
Prior
experience
Appointing authority
Annual sajary
ALABAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
FLORIDA
GEORGIA
41 HAWAII
IDAHO
co
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
Law degree or admission to bar
College, Law degrees
College, Law degrees
Law degree, admission
to state bar
Law degree
None
None
None
College, Law degrees
None
None
College, Law degrees
College, Law degrees
College, Law degrees
College, Law degrees
Administration
Court administration
None
Practice law for 6 years,
Iat least 28 years of age,
state resident 2 years
Judge or practice of law for
10 years
None -,
None
None
None
None
None
Court administration
None
None
None
College and Law degree
admission to bar
College and Law degree
,
None
None
None
MASSAOHUSETTSa
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
11 7
ee
Colle
egree
College,
w degrees
College, L
degrees
None
Administration
Administration,
8 years law practice,
and 35 years of age
None
None
None
None
Court administration
None
None
None
Chief Justice
Chief Justice
Court of last
Chief Justice
Council)
(approved by court)
resort
(approved by Judicial
Judicial Council
Court of last resort
Chief Justice
Chief Justice
Court of last resort
Judicial Council
Chief Justice (approved by court)
Court of last resort'
Court of last resort
-Coutt of last resort
Court of last resort
Chief Justice
Chief Justice
Court of last resort
Chief Justice
Chief Justice
Court of last resort
Court of last resort
Court of last reiort
Court of last resort
Court of last resort
$34,515
$68,068
$44,308
$33,143
$62,892'
$41,500
$44,520(if a judgg)
$34,500
$38,200
$39,500
$40,000
$37,275
$53,000
$37,550
$35,000
$34,7S6
$46,776
$55,712
$34,200
$48,700
$42,500
$60,384
$47,000
$41,000
$43,600
118
0
MONTANA
NEBRASKA
NEVADA
NEW HAMPSHIRE
NEW JERSEY
NEW MEXICO
NEW YORK
None
None
Court of last resort
$25,000
None
None
Chief Justice
$30,000
4
Law degree
None
Court of last resort
$30,250
(Does not *Moly.
There is no provision for a state court administrator in New Haapshire.)
College, Law, and Business or
Judge
Chief Justice
$56,000
Public Administration degrees
Nbne
NORll CAROLINA
College, Law degrees
NORTH DAKOTA
College, and Business or
Public Administration degree
OHIO
College
1
OKLAHOMA
OR1GON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
Oollege, Law degrees
None
College, Law degrees
None
None
SOUTH DAKOTA
College, Business or Public
Adadntstration, and Law degrees
, TENNESSEE
College, Law degrees
TEXAS
None
UTAH
None
VERMONT
Law degree or admission to bar
VIRGINIA
WASHINGTON
(
ollege, Law degrees or
admission to bar
None
WEST VIRGINIA
College, Law degrees
WISCONSIN
\
College degree
WYOMING
College degree and graduate work
in relevant field
AMERICAN SAMOA
DISTRICT OF ODLUMBIA
(Does not apply.
None
GUAM
(Information not availabie)
PUERTO RICO
College degree
VIRGIN ISLANDS
(Information not available)
4
None
Court of last resort
None
Chief Justice (with advice and
consent of Administrative board
of Countres)
05,000
$65,259
None
Chief Justice
$48,504
Court administration
Court of last resort
$34,782
None
Court of last resort
$50,107
Nome
Court of last resort
$45,000
None
Court of last resort
$34,416 to $43,908
None
Court of last resort
$50,000
None
Chief Justice
$32,271
to $44,493
None
Chief Justice
$40,831
Court administration
Court of last resort
$39,000
Judge
Court of last resort
$52,983
None
Court of last resort
$37,200
Administration
Court of last resort
$36,000
None
Court of last resort
$35,550
Practice law for 5 years
Court of laat resort
$47,000
None
Court of last resort (list
submitted by Governor)
$40,200
None
Court of last resort
$38,000
Court administration
Court df last resort
$51,372
5 years
.
Court/of last resort
$26,160
There is no provision for a state-level administrator in American Samoa.)
None
Joint Commission on Judicial
$49,050
Administration with concurrence
of Chief Judges
None
Chief Justice
$34,896
'Data on thii chart for Mcssachusetts is given for the
position of Administrator of Courts for the Trial
Court.
There also exists the position of Chief
Administrative Justice of the Trial Court who is required to be a justice of one of the departments of the trial court.
He is elected by the Supreme
Judicial Court and serves a 7-year term at an annual salary of
$47,000.
Source:
State Court Administrators; NCSP taff review of state statutes;
Robert G. Nelland and Rachel N. Doan, State Court
Adalnistrative Offices (Chicaso,
Illinois:
The American Judicature Society,1979).
119
120
Table 25:
Budget and fiscallauthority of the judicial branch, 1980.
Statutory treatment of judicial
branch's budget submission
Must execu-
Same as
Separate
Separate
tfve branch
"one of
and co-
and not
spprovt
Extent of
Similarity of
.
ma ny
equal to
equal 'to
transfer ot
authority of
fiscal procedures
executive
executive
exscutive
funds across
statawidt
twetween judicial
branch
branch
branch
budget
fiscal admin-
and executivs
State..
auricle*
budget
budgit
categoried?
istration
branches
ALAtAMA
X
Yea
Total
Similar
ALA KA
X
No
Total
Similar
ARIZONA
X
,
Yea
Limited
Same
ARKANSAS
X
\
No
Limited
.
Same
.
CALIFORNIA
X
No
Total
Similar
II
COLORADO
X
No
Total
Similar
CONNECTICUT
X
No
United
Same
DELAWARE
X
Yea
Limited
Same
FLORIDA
X
Yea
Limited
Similar
GEORGIA
X
No '
Limited
Similar
HAWAII
X
No
Total
Similar
IDAHO
X
No
Total
Similar
ILLINOIS
X
Yes
Total
Similar
INDIANA
X
No
Limited
Different
IOWA
X
Yes
Total
Similar
KANSAS
X
Yes
Limited
Same
KENTUCKY
X
Yes
Total
Similar
LOUISIANA
X
No
Limited
Different
MAINE
X
/
Yea
Total
Similar
MARYLAND
X
Yea
Limited
Similar
MASSACHUSETTS
X
Yes
Limited
Similar
MICHIGAN
X
No
Limited
Similar
MINNESOTA
X
Yes
Limited
Same
MISSISSIPPI
X
Yes
Limited
Same
MISSOURI
4
X
No
Total
Similar
MONTANA
(Information not available)
NEBRASKA
X
No
Limited
Similar
NEVADA
X
Yes
Limited
Similar
NEW HAMPSHIRE
X
No
Limited
Same
1
NEW JERSEY
X
Yes
Limited
Same
NEW MEXICO
NEW YORK
NORTH CAROLINA
NORTH DAXOTA
OHIO
X
Yes
Limited
Same
X
No
Total
Similar
X
Yep
Total
Similar
X
No
Totaf
Similar
X
No
Limited
Same
OKLAHOMA
ORELO
PENNS
RHOD
SOU
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAH
VERMONT
X
Yes
Limited
Same
X
No
Total
Similar
X
No
Total
Similar
X
Yes
Limited
Same
X
Yea
Limited
Same
X
Yes
Total
Similar
X
Yes
Total
Same
X
Yes
Limited
Same
X
Yis
Limited
Same
X
Yes
Limited
Same
VIRGINIA
X
WASHINGTON
X
WEST VIRGINIA
X
WISCONSIN
(Information not available)
WYOMING
X
No
Limited
Same
No
Limited
Same
No
Total
Different
No
Limited
Same
AMERICAN SAMOA
X
No
Limited
Same
DISTRICT OF COLUMBIA
X
II
Yes
Limited
Same
GUAM
X
No
Total
Similar
PUERTO RICO
X
No
Total
Similar
VIRGIN ISLANDS
(Information not svailablt)
Key:
X
Affirmative.
Same .. Judicial branch follows the executive branch's fiscal administrative procedures.
Similar . Judicial branch sets its own fiscal administrative procedures which are similar to those of
the executive branch.
Different .. Judicial branch stets its own fiscal administrati,,e procedures which are different from those of
the exscutive branch.
Source:
Stat. Court Administrators.
1 21
Table 28:
Audit procedures of the jadicla1 branch, 1980.
Stati
Ixecutive branch
Prescribes
Proecribom
proceduies Performs
internal
Performe
Lesialative branch
for
pre-
audit
internal
perfor m? post..audit
pre-audit
audit
procedures
audit
of judiciary
AI.APAMA
ALASKA
ARIZONA
ARIANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWANI
FLORIDA .
GEORGIA
X
X
X
0
0
Yee
0
0
Yes
0
0
0
Yes
.
X
-0
0
Yes
X
X
Yes
o
o
o
,
o
x
x
x
x
x
x
x
o
o
x
x
HAWAII
0
IDAHO
X
ILLINOIS
X
INDIANA
0
IOWA
X
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
0
0
X
0
0
X
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
s MISSOURI
X
X
0
0
0
Yee
Yes
No
Yes
No
Y.
Yes
Yes
No
No
Yes
No
Yea
,
Yes
Yes
X
X
No
X
No
X
X
Yes
X
X
No
X
No
MONTANA
(Information not available)
NEBRASKA
X
X
Yes
4.,
NEVADA
X
X
Yes
NVI HAMPSHIRE
X
0
0
Yes
NEW JERSEY
X
0
0
Yes
mk,
NEW MEXICO
X
X
No
NEW YORK
X
X
No
NORTH CAROLINA
0
0
0
0
No
NORTH DAKOTA
(Inforeetion not available)
OHIO
X
0
0
No
OLLAHCNA
X
X
Yes
OREGON
0
0
0
0
Yes
PENNSYLVANIA
0
0
0
0
No
RHODE ISLAND
X
X
No
SOUTH tAROLINA
X
X
Yes
SOUTH DAKOTA
UNNISSIK
TIXAS
UTAH
VIRMONT
X
X
0
0
YOB
X
. No
X
0
0
Yes
X
X
No
X
X
No
VIRGINIA .
.2x
x
x
Yes
WASHINGTON
0
0
Yee
WIEST VIRGINIA
\
X
0
0
Yesoi
WISCONSIN
\\,(Znformation not available)
&
WYOMING
0
0
X
N 0
\
AMERICAN IIANDA
0
0
0
0
No
DISTRICT OF COLUMSIA
X
X
No
GUAM
X
X
Yes
FUIXTO KIM
(Information not available)
Yea
WWI* ISLUNNI ...... ,,,
(Information not available)
Key:
X
Affirmative.
0
I:tact:time branch nt involved "process.
Source:
State Court Administraters.
1 `)
C.
Table 27:
Records and fiscal procedures of the judicial branch, 1980.
State
Type of inventory
Type of accounting
control system and
system used
procedures used
Payroll and personnel
records/procedures
ALASAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
COLORADO
CONNECTICUT
DELAWARE
FLORIDA
GIOEGIA
HAWAII
IDANO
ILLINOIS
IEDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI
NONTARA
NISSASKA
Executive
NEVADA
Executive
NW HAMPSHIRE
Executive
NEU JERSEY
Integrated
Integrated
Executive
Integrated
Executive
Executive
Executive
Executive
Independent
Independent
Independent
Executive
Independent
Executive
Independent
Integrated
Executive
Integrated
Independent
Indeoendent
Independent
integrated
Independdht
Integrated
Independent
Independent
Independent
Independent
Independent
Independent
Independent
Ebecutive
Executive
Integrated
Independent
Independent
Executive
Integrated
Executive
Executive
Executive
Integrated
Independent
Independent
Independent
Executive
Executive
Executive
Executive
Integrated
Independent
(Informstion n
N EU MIXICO
NEW YORE
N ORTH CAROLINA
NORTH DAKOTA
OHIO
OKLANCHA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
SOUTH DAKOTA
TENNESSEE
TEXAS
UTAM
VERMONT
VIRGIN/A
WASHINGTON
WEST VIRGINIA
WISCONSIN
WYOMING
AMERICAN SAMOA
DISTRICT OF COLUMSIA
GUAM
PUERTO RICO
VIRGIN ISLANDS
Integrated
Executive
Integrated
Executive
Executive
Integrated
Executive
Independent
Integrated
Integrated
Integrated
Integrated
Integrated
Executive
Integrated
ot available)
Executive
Executive
Executive
Independent
Independent
Independent
Independent
Executive
Executive
Executive'
Executive
Independent
Executive
Executive
Independent
Independent
Executive
Independent
Independent
Integrated
Independent
Executive
Imdependent
Independent
Independent
(Information not available)
Integrated
Executive
Independent
Independent
Integrated
Independent
Executive
Independent
Integrated
Independent
(Information not available)
Executive payroll/own personnel
Executive payroll and personnel
Executive payroll/own personnel
Independent
Executive payroll/own personnel
Independent
State
Executive payroll
Executive payroll/own personnel
Independent
Executive payroll/own personnel
Executive payroll/own personnel
Independent
Independent
Executive payroll/own recOrds
Executive payroll/own personnel
Independent
Independent 6
Executive payroll/own personnel
Executive payroll/own personnel
Executive payroll/own personnel
Executive,payroll/own personnel
State
Executive payroll/own personnel
Executive payroll/own personnel
Executive payroll/own personnel
Executive payroll and personnel
Executive payroll/own personnel
Executive payroll/own personnel
Executive payroll/own personnel
Executive payroll/own personnel
State
Execubive payroll/own personnel
Executive payroll/own personnel
Executive payroll/own personnel
Executive payroll/own personnel
Executive payroll/own personnel
Executive payroll and personnel
Executive payroll/own personnel
Executive payr011/own personnel
Executive payroll/own personnel
Executive payroll and personnel
Executive payroll/own personnel
Executive payroll/own personnel
Executive payroll/own personnel
Independent
Executive payroll/own personnel
Executive payroll and personnel
Executive payroll/own personnel
Executive payroll/own personnel
Executive payroll/own personnel
K ey:
Lidependent
State judiciary maintains its own system, records, and #rocedures.
Integrated -State judiciary cysts,. is integrated with an xecutive system.
Executive
State judiciary uses executive branch's accounting system, but is not subject to
executive controls and procedures.
Executive psyroll/ovn records
State judiciary uses executive branch's payroll procedures, but
maintains its own payroll and personnel records.
Executive payroll and personnel
State judiciary uses executive branch's payroll procedures and
personnel system.
State
State judiciary uses independent state level agency or service bureau that
se`rvices all
branches of governxent.
Seurce:
State Court Adadnistrators.
123
Table 28:
Purchasing procedures of the judicial branch, 1980.
Purchasing procedures
Does judicial
branch process all
Must executive
Judicial branch
major purchases
Executive branch
branch approve
purchasing
($5,000 or mo-re)---...
muslipprove:
all payable
procedures
through the State
all purchases
State
vouchers?
ara
purchafing office?
(above $
)
ALABAMA
Yes
Similar
Yes (Mandatory)
ALASKA
No
Different
No
*
ARIZONA
No
Similar
No
ARKANSAS
%.
No
Different
No
CALIFORNIA
(Information
Similar
Yes (Voluntary)
not available)
COLORADO
No
Similar
Yes
CONNECTICUT
r
No
Similar
No
DELAWARE
No
Same
No
FLORIDA
7,
Yes
Similar
No
GEORGIA
No
Similar
No
HAWAII
No
Similar
No
IDAHO
No
Similar
Yeg (Voluntary)
ILLINOIS
Yes
Similar
No
INDIANA
4(Information not available)
IOWA
No
Same
Yes (Mandatory)
KANSAS
Yes
Same
KENTUCKY
No
Same
LOUISIANA
Is
Different
MAINE
Same
MARYLAND
No
Similar
MASSACHUSETTS
Yes
Similar
MICHIGAN
No
ISimilar
MINNESOTA
Yes
Same
MISSISSIPPI
Yes
saes (State)
MISSOURI
Yes
Similar
MONTANA
(Information not available)
NEBRASKA
Yes
Same (State)
NEVADA
Yes
Similar
NEw HAMPSHIRE
No
Similar
NEW JERSEY
Yes
Same
NEw MEXICO
Yes
Sams
NEW YORK
Yes
Similar
NORTH CAROLINA
Yes
Same
NORTH DAKOTA
No
Similar
OHIO
Yes
Similar
OKLAHOMA
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
Yes
Same
No
Similar
No
Similar
Yes
Same
Yes
Same
SOUTH DAKOTA
No
Similar
TENNESSEE
Yes.
Similar
TEXAS
Yes
Same
UTAH
....
Yes
Same
VERMONT
Yes
Similar
VIRGINIA
Yee
Sams
446 MASHINGTON
lo
Similar
WEST VIRGINIA
No
Different
WISCONSIN
(Information not available)
WYOMING
Yes
Similar
AMERICAN SAMOA
No
game (State)
DISTRICT OF COLUMBIA
lo
Same
GUAM
No
Similar
.PUERTO RICO
,..
lo
Similar
VIRGIN ISLANDS
(Information not available)
Yes (Mandatory)
Yes
No
Yes (Mandatory)
No
Yes
Yes
(WO)
($100)
Yes
(Voluntary)
No
Yee
(Voluntary)
Yes
(Mandatory)
Yes
($500)
No
Yes
(Voluntary)
Yes
($35)
Yes
(Voluntary)
No
Yes
(Mandatory)
Yes
(all)
No
No
Yes
(Mandatory)
Yes
($2,500)
Yee
(Voluntary)
No
Yes
(Mandatory)
Yes
($500)
No
No
Yes
(Mandatory)
Yes
($1,000)
Yes
(Mandatory)
Yes
,(all)
Yes
(Voluntary)
No
Yes
(Mandatory)
Yes
(all)
Yes
(Mandatory)
Yes
(all)
Yes
(Voluntary)
Yes
($100)
Yes
(Mandatory)
Yes
($500)
Y..
(Voluntary)
No
Yea
Yes
(Mandatory)
Yes
($2,000)
No ,
No
Key:-
Similar
Judicial branch sots its own purchasing proced4res which aro similar to the xecutive branch.
Different
Judicial branch sets its own purchasing procedures which are different from the executive branch.
Same
Judicial branch follows the exacutive branch's purchasing procedures.
Same (State)
Judicial branch uses independent sta;e-level agency or service bureau that services all
branches' purchasing procedures.
Source:
State Court eeministrators.
A
121
Table 29:
Judicial councils and conferences, 1980.
Name, authority, and purpose.
State
ALABAMA
CALIFORNIA
CONNECTICUT
DELAWARE
ALASKA
ARIZONA
ARKANSAS
Name
Authority
Purpose
GEORGIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
Judicial System Study
StatUte
Commission
Judicial Council?
Constitution
Comedssion on Judicial
Constitution
Qualification
Judicial Council
Statute
Judicial Council
Judicial Review
Council
Council on the
Adninistration
of Justice
Judicial Conference
Constitution
Constitution
Statute
Supreme Court
Meeting' of Superior
Court Judges
Judicial Administra-
tion Commission
Judicial Council?
Judicial Council?
Judicial Council?
Judicial Council?
Judicial Conference
Judicial Conference
Judicial Council
Judicial Conference
Judicial Conference
Judicial Council
KENTUCKY
Judicial Council
Judicial Conference
LOUISIANA
Judicial Coumcil
Statute4
Statute
Statute
Statute
Statute
Constitution
and statute
Statute
Rule pursuant
to statute
Statute
Statute
Statute
Statute
Statute
Supra.* 'Court
rule
Study judicial system; make recommendations for
improvenent of administration of justice to
legislature.
Study judicial system for improvement in adminis-
tration; noninate candidates for judgeships.
Review and investigate complaints against Justices
of the Peace, Superior and appellate judges.
Sponsor seminars for continuing legal education;
endorse legislation to improve administration
of justice.
Chief administrative body of court system.
The
administrative director of the courts reports to
the council.
Discipline (removal, suspension, & censure) of
state Court judges.
Study organization, rules, practice, and proce-
dure of all courts in the state.
Study courts to improve idministration of justice;
Discuss operations of the court.
(Required
monthly.)
Chief administrative affice of the court system.
Study organization, procedure, practice, and rules
of al/ courts in the state.
Study court organization_and rules of practice and
procedure.
Study administration of justice and report to the
Supreme Court.
Conduct studies to improve court system; report to
Supreme Court and legislature; submit nomina-
tions for judgeships; recommend removal or dis-
cipline of judicial officers.
Study business of court system and recommend
measures for improvement.
Discuss operation of courts Ald promote continuing
education of judges.
Consider administrative rules, directives, and
regulations; recommend to Supreme Court for
adoption.
Study matters relating to administration of justic
Annual meeting of judiciary to discuss judicial
business, to make justice more effective.
Reconmend probate, civil, criminal, and juvenile
code; conduct research for court system.
Study ways to improve administration of justice;
recommend changes in rules and procedures.
Study court system; receive reports and recom-
mendations from Judicial Council.
Study court organization, rules, and procedure;
recommend improvements.
104
State
Name
Authority
Purpose
MAINE
Judicial Council
Statute
Study organization, rules, and methods of
practice and procedure.
MASSACHUSETTS ...
Judicial Council
Statute
Study organization, rules, and methods of
practice and procedure.
Judicial Conference
Statute
Consider matters relating to judicial administra-
tion and improvement.
MICHIGAN
Judicial Conference
Statute
Study need for changes in constitution, statutes,
and court rules.
MINNESOTA
Judicial Councilt
Statute
Study organization, rules, and methods of prac-
tice and procedure.
Annual Cgdilcil
Statute
Consider improvements in administration of
of Judgis
Justice.
MISSISSIPPI
Conference of
Mutual
Study administration of justice; promote uniform-
Mississippi Judges
agreement
ity and efficiency in pleading, practice, and
procedure.
MISSOURI
Judicial Conference
Statute
Study organization, rules, and _methods of
practice and procedure.
NEKAAMPSHIRE ...
Judicial Councilt
Statute
Study administration of Justice; devise ways to
improve procedures; collect, analyze, and
publish statistics.
NEW 'JERSEY
Judicial Conference
Supreme Court
Assist Supreme Court in consideration of improve-
rule
ments in practice and procedure and in adminis-
tration and organization.
Conference of Judges
Supreme Court
Hold conferences to make more uniform the opera-
rule
tion of courts in the state.
NEW MEXICO ..,...
Judicial Councilt
Statute
Study organization, rules, and methods of opera-
tion and administration.
Judicial Conference
Statute
Discuss methods to improve administration of
Justice; make recommendations to legislature,
Governor, and Supreme Court.
NEW YORK
Judicial Conference
Statute
Advise the Administrative Board; recommend to the
Governor and legislature changes in statutes,
rules, and practices.
Administrative Board
Constitution
Administer the state court system.
of the Judicial
Conference
NORTH CAROLINA ..
Judicial Councilt
Statute
Study administration of courts; make recommenda-
tions for change to the legislature or the
courts.
NORTH DAKOTA ....
Judicial Council
Statute
Study operation of courts in state to see that
procedures are simplified and business expedited.
OHIO
Judicial Conference
Statute
Consider probleme in administration of Justice
and make recommendations for improvement.
OREGON
Judicial Conference
Statute
Study organization, jurisdiction, procedures, and
practices of courts in the state; hold an annual
education sesslon.
PENNSYLVANIA ....
Stets Judicial
Council
Supreme Court
Study administration of justice; make recommenda-
rule pursuant to
tions to Supreme Court on matters referred by
constitution
court, or raised by Council sua sponte.
RHODE ISLAND ....
Judicial Councilt
Statute
Study organization of judicial system; make
recommendations to courts.
Judicial Conference
Statute
Consider matters relating to judicial business
and administration.
105
12G
Table 29: Judicial councils and conferences, 1980 (continued)
Stat
Name
Authority
Purpose
SOUIS CAROLINA ..
Judicial Councilt
Supreme Court and
Circuit Court
Conference
SOUTH DAKOTA ....
Judicial Conference
TENNESSEE
Judicial Councilt
Judicial Conference
TEXAS
Judicial Councilt
UTAH
Judicial Council
'VERMONT
Judicial Councilt
VIRGINIA
Judicial Conference
Judicial Conference
for District Courts
Judicial Council
WASHINGTON
Statute
Statute
Statute
Statute
Statute
Statute
Statute
Statute
Statute
Statute
Stptute
Comittee on District'
Statute
Courts
Judicial Conference
Judicial Council
Court Planning Council
WEST VIRGINIA ...
Judicial Councilt
WISCONSIN .
WYOMING
DISTRICT OF
COL(MBIA
Administrative Commit-
tee for the Court
System
Judicial Conference
Judicial Councilt
Judicial Conference
Judicial Councilt
Joint Committee on Ju-
dicial Administration
Judicial Conference
Board of Judson
Statute
Statute
Supreme Court
rule
Statute
Statute
Statute
Statute
Mutual
agreement
Statute
Statute
Statute
Statute
Study organization of justice; collect and pub-
lish statistics.
flevise rules of Circuit Courts and practice therein.
Study organization, rules, methods, and practices
of all courts; make recommendations to the
Supreme Court.
Study operation of judicial department; consider
recommendations for improvement.
Consider rules and laws to isprove administration
of justice; draft suitable legislation for the
General Assembly.
Study organization, rules, practices, and proce-
dures of civil jurisdiction courts.
Develop uniform administrative policies for the
courts of Utah.
Study organization, rules, and methods of proce-
dure and practice of the court system.
Discuss means to improve administration of justice.
Discuss means to improve administration of justice.
Study organization, rules, procedure, and prac-
tices of the judicial system.
Study organization, rules, procedure and practices of
the District Courts and clerka Offices; determine
number of District Court judges, substitute judMes,
clerks offices and court personnel; establishes)
procedures and practices for District Courts.
Consider matters relating to administration of
justice.
Study operation of judicial departments; make
recommendation to governor and legislature.
Establish priorities for court improvement plans,
review and approve federal funding projects, coor-
dinate and prepare an annual judicial system plan.
Study organization, rules, and methods of prac-
tice and procedure; collect statistics.
Review administration of all courts in state.
Study problems in administration of justice; make
recommendations for improvement; conduct
instructive prosrams and seminars.
Study pleading, practice, and procedure; make
recommendations to Supreme
ourt and legislature.
Study matters relating to adli nistration of
justice.
Hold hearings on proposal rules and agvise
Supreme Court.
Establish administrative policy of court system.
Annual meeting to make'recommendations for improve-
ment of the system.
Determine internal operating policy of court.
tOrganization is primarily composed of legislators, lawyers, or laymen rather than judges.
Source:
State Court Administrators; Research and Inform:don Service, National Center for State Courts.
106
127
4.
Table 30:
Description of grand juries, 1980.
Selection process, size, number needed to indict, and scope of
, activity.
State
Selection process
Number of
grand jurors
needed to
Size
indict
Scope of
activities
Is a grand jury indictment
essential for all felony
prosecutions (unless
waived by the accused)?
,
ALARAMA
Rsndom selection from
master lists compiled
,
from voter registrations,
drivers licenses, motor
vehicle registration,
utility customers, and
property tax rolls
ALASKA ....
Rsndom selection from
the lists of actual
votare, tax rolls, and
lists of trapping,
hunting, and fishing
licenses
18
12
Criminal indictments
and insestigations
of local govern-
mental affairs
12 to 18
Majority
vote
ARIZONA ...
Random selection from
12 to 16
9
registered voter lists,
(16 in Mari-
then questioned and
cop. County
selected by judges.
(Phoenix))
Statute authorizes
statewide grand juries
ARKANSAS ..
Discretion exercised by
a 3 to 12-member citizen
commission appointed by
a circuit judge
CALIFORNIA
Discretion exercised by
the Superior Court
judges except in a few
counties, including'San
Francisco, where the
selection is random
from the list of
registered voters
COLORADO ..
Rsndom selection from
the list of registered
voters, driver's
license lists, and city
directories, followed
by questioning by the
judge and district
attorney.
Statewide
grand juries can be
assembled
CONNECTICUT
Discretion, exercised by
41'
the county sheriff
DELAWARE ..
Random selection from
lists of registered
qvoters and Other lists
where necessary
FLORIDA ...
Discretion, exercised by
county commissioners or
jury commission
(appointed by
Governor); statewide
grand juries can be
impaneled
Criminal indictments
and investigations
of local govern
mental affairs
Criminal indictment;
16
12
Criminal indictments
and investigations
of local govern
mental affairs
23 in Los
14/23;
Investigations of
Angeles
12/19
local governmental
County;
iffaire and indict-
19 elsewhere
sent considerations
in fewer than 15 per-
cent of all felony
matters.
Serves 1
year
Investigation of
controversial crimes,
like police shootings
and governmental
corruption
Usually 12;
9/12;
occasionally
as large as
12/23
23
18
12
10 to 15
7/10;
9/15
15 to 18
12
Yes (all with a
potential sentence
of more than a year),
Yea
No
Yee
No
No
All crimes with sen-
Yes (but only for
tence of death or
crimeo with a
life imprisonment,
potential sentence
occasional investi-
of death or life
getions
imprisonment)
Criminal indictments,
Yes (with certain
investigations.
constitutional and
Serves for 1 year
statutory excep-
tions)
Criminal indictments,
Yes (but only for
investigations Id
capital offenses)
county offices
108
12R
Number of
Is a grand jury indictment
grand jurors
essential for all felony
needed to
Scope of Or
prosecutions (unless
I
State
Selection process
Size
indict
activities
waived by the accused)?
GEORGIA
Discretion, exercised by
16 to 23
Majority
Criminal indictments,
commissioners,
vote
investigations of
appointed
by judge
local governmental
affairs, inspec-
tions.
Sets salary
for certain jobs
HAWAII
Random selection from
18 to 23
i
12
Criminal indictments
No
the list of registered
voters, which may be
supplemented with some
names from other lists
IDAHO
Randomawlection from
16
12
Public offenses
registered voter list,
urlIbty list, and
driver's license list
Yes
ILLINOIS ..
Random selection from
23 (20 on
12
Criminal indictments
the repistered voter
supplemental
and irestigations
list, followed by
panel)
of official
questioning about the
misconduct
time involved
No
Yes
INDIANA ...
Random selection from
6
5
Major felony cases
No
voters registration
list supplimented
with other lists such
as utility customers,
property taxpayers,
state income tax payees
and others
IOWA
Random selection from
lists of registered
voters, tax assess-
ment lists, motor ve-
hicle operators, licen-
ses lists, and others
7
5
KANSAS
Ran4om selection from
the list of registered
voters and/or census
list
15
12
KENTUCKY
Random selection from
voter registration
lists and current
property tax rolls
12
9
LOUISIANA .
Discretion, exercised
by citizen jury
commission
12
9
MAINE
Random selection from
13 to 23
12
voter registration
lists followed by
questioning by a judge
and the district
attorney
Criminal indictments,
Yes
investigations of
prisons, conduct of
public officials,
highways
All public offenses
No
Criminal indictments
Yes
Criminal indictments
Yes (but only for
capital offenses)
Criminal indictments.
Yes (except where a
In Cumberland County
statutory excep-
(Portland) the
tion is created)
grand jury serves
for 1 year and meets
for 5-10 days 3
times a year
109
1 2
Table 30:
Description of grand juries, 1980 (continued)
State
Selection process
Size
Number of
grand jurors
needed to
indict
Scope of
activities
Is a grand jury indictment
essential for all felony
prosecutions (unless
waived by the accused)?
MARYLAND ..
Random selection from
voter registration
lists screened to see
who can spare the time
MASSACHUSETTS Random selection:
35
names are drawn from the
trial jury list, which
is assembled by discre-
tion; then a judge
selects 23 persons
MICHIGAN ..
Random selection from
the list of registered
voters
MINNESOTA .
Random selection from
the list of registered
voters (separate list
maintained)
MISSISSIPPI
Rindom selection from
vdketr registration
lie
23
12
Criminal indictments
and inspects
government
agencies.
It
meets every day
for, 4 months
23
12
Crimi4al indictments
13 to 17 (Also
1-person
[judge] grand
juries)
16 to 23
MISSOURI ..
Randomly selected names
are screened carefully
by the judges who make
the final selection
MONTANA ...
Random selection from
tax rolls
NEBRASKA ..
Random selection of 40
names from the list of
actual or registered
voters, and from that
15 to 20
12
9
Criminal indictments
(infrequently) and
investigations
16
Criminal indictments,
investigations of
prisons and public
officials
No
Yes
12
Criminal indictments
and investigations of
local governmental
affairs
9
No
No
No
Criminal indictments,
investigations,
inspections, inquiries
into governmental fis-
cal mstters
11
10
Criminal indictments,
investigations, public
officials, prisons
16
12
Criminal indictments,
county jail
No
No
No
list of 40, 16 are
picked by the Judge and
jury commissioner
NEVADA ....
Random selection,
then screened as to
their willingness to
serve
17
12
Criminal indictments
and investigation of
local governmental
affairs
No
Aksi.
NEW
HAMPSHIRE
Random selection from
the trial jury list,
which is aslembled by
the discretion of
town officials
23
12
Criminal indictments
and investigations of
subversive activities.
Meets about 4 days
every 2-3 months
Yes
Random selection from
the list of registered
voters.
Statute auth-
orizes statewide grand
juries
23
12
Criminal indictments,
investigations
Yes
it 0
State
Selection process
NEW MEXICO
Random selection from
the voter registration
list followed bY
questioning by a Judge
ib
NEW YORK ..
Spec
Ily selected from
perso e who have been
qualified as trial
jurors and who pass
a police investigation
NORTH
Random selection from
CAROLINA
voter registrations,
tax rolls, and other
sources deemed to be
reliable
NORTH DAKOTA
Random selection from
lists of actual voters,
holders of driver's
licenses, utility cus-
tomers, and property
taxpayers
3
OHIO
Random selection from
the registered voter
list followed by ques-
tioning
OKLAHOMA
Varies by county
OREGON
Random selection from list
of registered voters
PENNSYLVANIA
Selected from voter regis-
tration lists, and ome-
times interviewed by jury
clerk and Jury masters
RHODE
Random selection from
ISLAND ...
voter registration list
followed by an interview.
Statewide grand Juries
are authorized
SOUTH
Discretion, xercised by a
CAROLINA .
Jury commission composed
of civil servants
Size
Number of
grand Jurors
needed to
indict
12
6
16 to 23
12
12 to 18
12
8 toll
6
9
7
12
9
7
5
15 to 23
12
13 to 23
12
18
12
Scope of
activities
Is a gr
ssentia
prosecut
waived b
jury indictment
for all felony
one (unless
the accused)?
Criminal indictments,
investigations.
In
Bernalillo County
(Albuquerque) grand
juries meet once a
week for a 6-month
term; elsewhere,
they are called
infrequently
Criminal indictments,
investigations into
prisons and miscon-
duct of public
officials.
Serves
for 1 month
Criminal indictments,
inspections of Jells
and other county
agencies
Criminal indictments,
prisons, public
officials.
Only
rarely assembled
Criminal indictments
Yes
Criminal indictments
and investigations
of local governmental
affairs.
Can be
called by petition
of citizens
Criminal indictments
and investilations
of public prisons
and offices pertain-
ing to courts of
Justice
Criminal indictments
ind investigations
Criminal indictments
Crieinal indictments
in
Yes
No
Yes
No
No
No
(Counties are autho-
rized to abolish
indicting grand
Juries and many
have done so.)
Yes (but only for
offenses punishable
by death or
life imprisonment)
Yes
Table 30: Description of grand juries, 1980 (continued)
State
Selection process
SOUTH DAKOTA
Random selection from the
list of registered voters
TENNESSEE .
Undo, selection from the
trial jury lists, which are
compiled by jury commis-
sioners without guidelines.
The same person may
foreperson for sever
years
TEXAS
Discretion exercised by
UTAH
citizen jury commis-
ssioners, appointed
by a judge
Random selection from the
official register of
voters and other lists
proscribed by the Utah
Supreme Court
VERMONT ...
Random selection from
the lastest census
enumeration, telephone
directories, election
records, and other gem
eral sources of names
VIRGINIA ..
Judges choose names
WASHINGTON.
Random selection from
voter registration list
WEST
Discreteon, exercised
VIRGINIA .
by
2-member citizen
)ury commission (repre-
senting the 2 major
political parties)
WISCONSIN
Names selected by jury
commissioners and then
screened by judges.
In
Milwaukee County, ran-
dom selection from the
registered voter list
Random selection from
the voter registration
list.
Statewide grand
juries can be assembled
Six.
Number of
grand jurors
needed to
indict
6 to 8
5
13
12
12
9
7
5
18
12
5 to 7
4
Scope of
activities
Is
grand jury indictment
essential for all felony
prosecutions (unless
waived by the accused)?
Criminal indictments,
investigations of gov-
ernmental misconduct
Criminal indictments
and investigations
of prisons, elec-
tions, and govern-
mental affairs
Criminal indictments,
investigations
Criminal indictments,
investigations, in-
spections (public
prisons, willful and
rrupt misconduct of
ic officials)
Criminal indictments
No
No
Yes
No
Yes (but only for
offenses punishable
by death or
life imprisonment)
Criminal indictments;
investigates condi-
tions that promote
criminal activities
and misfeasance of
governmental
authority
Yes
12 to 17
3/4
of panel
Criminal indictments
and investigations of
governmental affairs
No
16
12
Criminal indictments
Yes
17
12
Criminal indictments
No
12 to 16
9
Criminal indictments,
No
inspections,
investigations
-4
112
122
I
State
Selection process
Size
Number of
grand jurors
needed to
indict
Scope of
activities
Is a grand jury indictment
essential for all felony
prosecutions (unless
waived by the accused)?
DISTRICT OF
Random selection from
23
12
Crimtnal indictments.
Yes (for all crimes
COLUMBIA .
the list of registered
voters, followed by
questioning by a judge
and sometimes-by the
Serves at least 2
months.
Frequently
9 or 10 are
operating at once
with
potential
sentence of a year
or more)
U.S. Attorney
PUERTO RICO
Discretion by court-
cipointed jury commiss-
ioners
12 to 15
Majority
vote
Criminal indictments
and investigations of
government officials
and activities
Yes
Source:
State Court Administrators; NCSP Staff review of state statutes; Jon M. Van Dyke, 4ury Selection
Procedures, (Cambridge, Massachusetts:
Ballinger Publishing Company, 1977), Appendix B.
I
(
113
1 ' 3
Table 31:
Selection of trial jury pool, 1980.
Selection process and sources used for master list.
State
ALABAMA
ALASKA
ARIZONA
ARKANSAS
Selection process
Sources used for master list
0
P1
U
0
WU
U
0
0
0
Other
L endom selection (moue
counties use drivers list
exclusively)
Random selection
L endom selection
Discretion exercised by
3
to 12-member citizen jury
commission appointed by
circuit judge
XXXXX
X
X
Civic orpnizaiions.
xa
X
List of persons with trapping,
hunting and fishing licenses.
CALIFORNIA
COLORADO
CONNICTICUT
DEL/WARR
Random selection
Random selection (Uniform
Jury Selection Act)
Discretion, exercised by
town civil servants
Random selection
X
X
X
X.
X
X
X
X
X
X
YLORIDA
Discretion, exeraleed by
county commissionel, or
2-citizen jury commissions
(in Dade County [Mani)
and
number of other
counties, rahdom selection
from voter lists)
Discretion, exercised by
6-
X
member citizen jury commis-
sion, appointed by
judge
U nion se,lection
GRORCIA
HAWAII
IDAHO
ILLINOIS
INDIANA
IOWA
KANSAS
KENTUCKY
LOUISIANA
No particular master list is used.
State tax digest; personal
acquaintances.
X
X
X
X
X
X
In Honolulu, voters' list,
supplemented with telephone
directory.
U nion selection (Uniform
X
Jury Selection Act)
L endom selection
X
Discretion, exercised by
X
court-appointed commis-
ioners (random selection
in Lake County)
Random selection
L endom selection
Random selection
xa
X
X
X,
X
X
X
X
Other sources are also used.
moan- -,-.-
I
Discretion, exercised by
5-member citizen )ury com-
mission appointed by
judge except in-Orleans
Parish where they are
appointed by the Governor
landoe-weleret-ten--
No particular master list is used.
X
114
State
Selection process
Sources used for master list
0u
0
20.
La
0I.
Other
MARYLAND
MASSACHUSITTS
Random selection
X
Discretion, exercised by town
X
officials and county offic-
ials followed by personal
interviews
MICHIGAN
Random selection
X
xl)
Includins police census list.
MINNISOTA
Random selection
X
X
X
*X
X
X
Welfare recipients.
MISSISSIPPI
Random selection
\LX
MISSOURI
Randoe selection in the major
X
X
X
X
Public records.
cities, discretion in the
less populated counties
MONTANA
Randoe selection
X
N MASKA
Random selection
%
X
NIVADA
Discretion, exercised by
Xc
county commissioners or
jury commissiows
,x
K IM HAMYSHI
Discretion, etarcised by
No particular master list is used.
town selectmen
NIM JIRSIY ..
Random selection
X
NIM MIXICO .......tc\Random selection
X
KIM YORK
Random selection
X
X
X
X
X
Volunteer"' are accepted.
NORTH CAROLINA
Random selection
X
X
X
NORTH DAKOTA
Random selection (Uniform
Xs
X
X
X
X
c
.
Jury Selection Act)
J
OHIO
Rando Selection, followed
X
by personal interviews
conducted by a 2-member
citizen jury commission,
appointed by judges and
'representing the 2 major
political parties
OKLAHOMA
Discretion, exercised by a
X
jury commission composed of
civil garments, or--at the
discret
of the presiding
judse--
selection
(Oklahoma and Tulsa Counties
. now both select randomly
from the voter list)
115
Table 31:
Selection of trial jury pool, 1980 (continued)
State
Selection process
Sources used for master list
OREGON
PENNSYLVANIA
RHODE ISLAND
SOUTH CAROLINA
Random selection
Random selection, followed
(in Philadelphia and
Allegheny Counties) by some
personal interviews
Random selection, followed
X
by personal interviews
%
Discretion, exercised,by a
X
jury coemission compbsed of
civil servants
0a
'CI
In
+.1
a
-00
a
a
a
a
0
a
a
4
0
8
a
A
Other
Welfare recipientsd.
Volunteers are accepted.
SOUTH DAKOTA
Random selection
X
TENNESSEE
Discretion, exercised by a
X
jury commission composed of
civil servants
TEXAS
Random selection
X
UTAH
Discretion, exercised by 2
X
court-appointed jury commis-
sioners from different
parties
VERMONT,
Random selection
X
X
X
X
X
VIRGINIA ..
Random selection
No particular master list lamed.
WASHINGTON
Random selection
X
WEST VIRGINIA
Discretion, exercised by 2-
No particular master list is used.
member citizen jury commis-
sion representing the 2
major political parties
WISCONSIN
Random selection, followed
X
by personal interviews con-
ducted by a 3-member citizen
jary commission
WYOMING
Random selection
X
AMERICAN SAMDA
(Information not available)
DISTRICT OF
COLUMBIA
Random selection
X
X
GUAM
(Information not available)
PUERTO RICO
Discretion by appointed
No particular master list is usad.
jury commissioners
VIRGIN ISLANDS
(Information not available)
X
Affirmative.
&List of actual voters is used.
Imitate income tax lists are used only in Middlesex County.
cVoter registration lists are supplemented in Nevada.
dAllegheny County, Pennsylvania, uses the voter registration list, the telephone directory, and the welfare
recipients list.
Source:
State Court Administrators; NCSF staff review of state statutes;
Jon M. Van Dyke, Jury Selection
Procedures, (Cambridge, Massachusetts:
'Ballinger Publishing Company, 1977), Appendix A.
116
1,?6
Table 32:
8Nilifications for trial jury service, 1980.
Time limits, elimination for felony convictionefesidency, age, and
other special qualifications.
State
Time limit
since
previous
jury service
Eliminated
for
felony
conviction
Residency
requirement
prior to
service
Age
Other special qualifications
Minimum
Maximum
ALABAMA
X
1 year
19
65
"Esteemed in their community for
their integrity, good character,
and sound judgment;" must be a
householder (Ala. Code, 112-16-60)
ALASKA
1 year
X
1 year
19
'lust read or speak English" (Alaska
Stat. 109.20.010)
ARIZONA
X
50 days
18
ARKANSAS
2 years
,
X
18
65
"Good character or approved integ-
rity," "sound judgment or reason-
able information," "good behavior"
(Ark. Stat., 139-102)
CALIFORNIA
X
18
"Fair character and approved integ-
i
rity," "sound judgment" (C.C.P.,
1205)
COLORADO
X
18
CONNECTICUT
18
65
DELAWARE
2 years
X
1 year
18
FLORIDA
X
-11 year
18
GEORGIA
1 term
6 months
18
.
65
"Intelligent and upright citizens"
(Ga. Code Ann., 159-106)
HAWAII
1 year
X
18
IDAHO
(a)
x
18
ILLINOIS
1 year
18
"Of fair character, of approved
inegrity, of sound judgment, well
informed" (Ill. Rev. Stat., Ch. 78
12 (1965))
INDIANA
1 year
X
(in Lake
18
65
Jurors mist be freeholders, house-
holders or their spouse (Ind. Stat.
County only)
Ann. 1133-4-5-1,7)
IOWA
18
"Good moral character, sound judg-
ment" (Iowa Code Ann., 1607.1)
KANSAS
1 xear
X
18
KENTUCKY
1 year
X
18
LOUISIANA
2 years
18
70
MAINE
5 years
X
18
MARYLAND
3 years
X
18
70
MASSACHUSETTS
3 years
(2 years
in Nantucket
and Hulus
X
(in Middle-
sex County
only)
18
70
"Sound judgment," "good moral char-
acter" (Mass. Gen. Laws. Ann., Ch.
234, 14 [Supp. 19721)
Counties)
MICHIGAN
1 year
X
18
70
MINNESOTA
4 years
18
1
MISSISSIPPI
2 years
X
21
65
"(N[ot a common gambler or habitual
drunkard" (Miss. Code 113-5-1)
MISSOURI
1 year
X
21
65
"Sober and intelligent, of good
reputation" (Vernon's Ann. Mo.
Stat., 1494.010)
MONTANA
X
30 days
18
NEBRASKA
2 years
X
21
70
"Of fair character, of approved
integrity, well-informed...of
sound mind and discretion" (Neb.
Stat., 125-1601)
NEVADA
X
18
65
NEW HAMPSHIRE
3 years
18
70
NEW JERSEy
1 year
X
2 yetrs
18
75
"Impartial," "best qualified"
(N.J.S.A., 12AA:75-2)
118
137
State
Time limit
Eliminate
Residency
since
for
requirement
Age
previous
felony
prior to
jury service
conviction
service
Minimum Maximum
Other special qualifications
NEW MEXICO
NEW YORK
2 years
X
NORTH CAROLINA
2 years
X
NORTH DAKOTA
2 years
X
OHIO
1 year
X
OKLAHOMA
X
OREGON
I year
PENNSiLVANIA
3 years
RHODE ISLAND ..
2 years
SOUTH CAROLINA
I year
X
18
18
70-76
"Intelligent, of good character"
(Judiciary Law, 5510)
18
18
18
70
18
65
"Sound mind and discretion," "good
mocal character" (Okla. Stat.,
538-28)
18
"Most competent" (Ore. Rev. Stat.,
510.110)
18
*Mentally fit and morally strong"
(Pa. Stat., 51252) "Sober, intelli-
gent and judicious" (17 Penn. Stat.
5942)
21
"Good moral character," "sound judg-
ment" (Gen. Law. R.I., 59-9-23)
18
65
"Good moral character," "sound
judgeent" (S.C. Code, 514-7-140);
must have aTIIIT:717-weixth grade
education or its equivalent."
(S.C. Code, 514-7-810)
SOUTH DAKOTA ...
2-4 years
X
18
70
TENNESSEE
2 years
X
1 year
18
65
"Upright and intelligent persons
known for their integrity, fair
character and sound judgment"
(Tenn. Code Ann. 522-228)
TEXAS
6 months
X
18
65
"[Olf sound mind and good moral
character" (V. Ann. Civil St.,
Art. 2133)
UTAH
1 year
X
6 months
21
'
VERMONT
2 years
X
18
70
VIRGINIA
X
1 year
18
70
WASHINGTON
1 year
18
60
Must be a taxpayer (Sec.
1,
ch. 57,
RCW 52.36.070)
WEST VIRGINIA
2 years
X
18
65
"Sound judgment," "good moral char-
acter".
Paupers are excluded.
(W.Va. Code 1552-1-2, 4)
WISCONSIN
2 years
18
65
WYOMING
X
1 year
18
72
AMERICAN SAMOA
(Informseion not available)
DISTRICT OF
COLUMBIA
2 years
X
1 year
18
GUAM
(Information not available)
PUERTO RICO ....
2 years
X
18
70
Must be able to read and write
Spanish (R.C.R.P. 95 (c)]
fillo
VIRGIN ISLANDS .
t-
tion not available)
Note:
Those jurors who are not United States citizens, literate, or are not physically or mentally
competent are disqualified from jury service in all tates.
The interpretation of these
disqualifications varies from jurisdiction to jurisdiction.
X
Affirmative.
aIn a 2-year period, no person will be required to serve or attend more than 30 days except to finish a case,
to serve on more than 1 grand Nry, or serve on both a grand and a petit jury.
Source:
State Court Administrators; MCSP staff review of tate statutes; Jon M. Van Dyke, Jury Selection
Procedure., (Cambridge, Massachusetts:
Ballinger Publishing Company, 1977), Appendices A and C.
119
Table 33:
Statutory exemptions from trial jury service, 1980.
State
Exemptions from jury service
11
:3
4
3 "8
Occupational exemptions
ALASAM
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
None
6,7,32
Nose
5,6,7,8,10,13,14,15,17,20,23,24
Limited to certain peace officers
COLORADO
(a)
X
None
CONNICTICUT
X
X
1(16 years)
7,8,10,14,15,17,21,24,32,37
DELAWARE
X
X
X
8,10,14,19,24,30
FLORIDA
1(15 years)
X
X
24,30
GRORGIA
X
1(14 years)
X
3,7,10,12,17,23,24,32
NANAII
X
X
X
3,6,7,8,10,14,15,24,30
IDAMO
None
ILLINOIS
IND/ANA
(Lake County)
(a)
X
X
X
X
X
X
X
6,7,8,10,16,19
8,14,15,19,30
8,14,19,30
IOWA
X
8,19130,36
KANSAS
X
X
None
ICRWIVCKY
LOUISIANA
MMMI
X
X
X
t
X
NonA
5,6,7,8,10,14,15,19,20,23,24,30
7,8,19,24,30
MAITLAND
X
X
14,15
MASSACKUSETTS
X
1(15 years)
X
X
3,6,7,8,10,11,12,17,19,24,30,31,32,36
(Middlesex
.
County)
MICHIGAN
X
X
X
::::
/
MINNESOTA
X
X
X
X
3
MISSISSIPPI
X
X
3,7
MISSOURI
e
X
X
X
X
X
5,6,7,8,14,15,19,25,30,32
MONTANA
X
Xc(minor)
X
X
3,6,7,8,10,12,13,15,16,17,19,23,25,26,27,30,32,33
NISRASKA
X
None
.%
NEVADA
X
X
X
7,10,17,19,23,24,25,20,27,30,32,33
NEW RAMPSNIRE
X
7,8,10,24,30
%
NEW MIRY
r
Ic(minor)
x
7,10,12,14,15,24,30,32,33,34,37,38
NSW MMXICO
NEWYORK
X
1(16 years)
X
None
3,6,7,8,10;13,14,15,16,17,19,20,23,24,29,30
NORM CAROLINA
X
,
X
None
D
:NORM DAKOTA
(a)
None
. ORIO
X
X
None
X
Affirmative.
*The Uniform Jury Selection and Service Act reads, "Undue hardship, extreme inconvenience or public necessity."
Din a 2year period, no person will be required to serve or attend sore than 30 days except to finish a case,
serve on more than 1 grand jury, or serve on both a grand and a petit jury.
eThe statute is sixneutral and applies tO any parson charged with caring for a child.
120
123
State
Exemptions from jury service
ORIAHOMA
OREGON
X
PENNSYLVANIA
X
RHODE ISLAND
SOUTH CA1OLINA
X
X
0 11
.4
ra
a
A E
71t
41
"I
41-41
: I
111. -
0 W
41,
0 0
11 .640
0
t
Occupational exemptions
X
Xc(minor)'
X
X(7 years)
X
X
6,7,815,24,25,26
X
3,5,7,8,10,13,15,19,20,30,35
3,6,7,11,13,15,17;23,32,33
X
3,6,8,10,15,19,24,26,30,32
X
7,17,19,23,24,30
SOUTH DAKOTA
TENNESSEE
TEXAS
X
UTAR
VERMONT
X
X
X
X
8
6,7,10,15,19,23,27,30,32
None
None
6,7,8,10,17,19,24,30,32
VIRGINIA
WASHINGTON
WEST VIRGIN
X
WISCONSIN 4.
X
WYOMING
X
Xc(16 years)
X
X
2,3,6,7,8,9,10,11,12,13,14,15,18,19,20,21,22,23,24,
26,27,30,31,32,35
None
None
8,30
8,10,15,24
AMERICAN SAMOA
(Information not available)
DISTRICT OF
COLUMBIA
X
X
GUAM
(Information not available)
PUERTO RICO
X
X
VIRGIN ISLANDS
(Information not available)
Non
X
2,1,4,6,7,11,12,13,14,16,17,18,19,20,23,24,26,28,29,
30,31,32,33,34,35
Key:
Numbers ip the last column indicate the following occupations:
1
Accountants
*
2 .Airline pilots or other employfes
.3. Attorneys
4
Bus drivers
5
Chiropractors
6
Clergy
7
Doctors/dentists
8
Elected officials
9
ferry boat operators
10
Firemen
11
Government employees:
local, state, federal
12
Hospital employees
13
Licensed embalmers
14
Members of the military forces
15
National guardsmen on active duty
16
Newspaper reporters
17
Nursed
18
Officers and employees of ships
19
Officers of the United States
20
OptaLtrists
21
Persons caring for disabled
22
Persons participating in the
harvest
23
Pharmacists
24
Police and members of other law enforcement agencies
25
Postal employees
26
Prison guards
27
Railroad employees
28
School bus drivers
29
Sole proprietors of busi
30
State officials
31
Students
32
Teachers
33
Telegraph operators
34
Telephone operators
35
Veterinarians
36
Persons who are conscientiously opposed to jury duty
because of their religion
37
First ald and rescue squad personnel
38
Game wardens
39
Cloistered members of religious orders
40
Licensed clinical psychologists
N.
Sources:
State Court Administrator; Stiff review of state statutes; Center for Jury Studies, Newsletter 05,
September, 1979; John M. Van Dyke, Jury Selection Procedures, Appendix C:
Statutory Excuses, 1977.
121
I
. 0
Table 34:
Number of peremptory challenges in jury trials, 1980.
-
Number of challenges per side for criminal and civil cases.
State
Number of peremptory challenges por party per side
Criminal cases
Capital
,Felonies
Misdemeanors
Civil caaeb.
Method of voir dire
ALABAMA
4*5;
8*D
4*5;
8,0
4*5; 8,0
6*
Attorney
ALASKA
6 S;
10 D
6 S;
10 D
3
3
Judge
ARIZONA
10
6
2
4
Civil -judge;
criminal -judge plus attorney
ARKANSAS
10 S;
12 D
6 S;
8 D
3
3*
Judge
CALIFORNIA
26a
13
13
8
Attorney
COLORADO
15
10
3
4 (Jury of 12)
Judge plus attorney
3 (Jury of 6)
CONNECTICUT
25(15b)
6 (Jury of 6)
3 (Jury of 6)
3 (Jury of 6)
Attorney
DELAWARE
12 S; 20 D
6
6
s
3
Judge
FLORIDA
10
6 (Jury of 6)
3 (Jury of 6)
3 (Jury of 6)
Civil--attorney;
crimlnal--judge plus attorney
GEORGIA
10cS; 20cD
6 S;
12 D
6 S;
12 D
6*
Civil--attorney;
criminal--judge plus attorney
AAWAII
12a
3(2_
3
3
Attorney
IDAHO
100
6
6
4
Attorney
ILLINOIS
20
10
5
5
Judge plus attorney
INDIANA
20
10
3
6
Judge plus attorney
IOWA
8*(challengo)a
4*(challengo)
2*(challenge)
3*(ehallenge)
Attorney
2*(stribe)a
2*(strike)
24(srike)
2*(strike)
KANSAS
KENTUCKY
LOUISIANA-
MAINE
MARYLAND
MASSACHUSETTS
MICHIGAN
MINNESOTA
MISSISSIPPI
MISSOURI:
Cities over
200,000
Elsewhere
MONTANA
N EBRASKA
NEVADA
N EW HAMPSHIRE
NEW JERSEY
N EW MEXICO
NEW YORK
NORTH CAROLINA
N ORTH DAKOTA
OHIO
124
8 or 60
4
3
5 S; 15 D
5 S;
15 D
3
3
12
12 or 6f
6
6
10 S; 201D
8
4
3
10 S; 20 D
10 S; 20 D
4
4*
12a
4
4
4
15aS;
201111
5
5
3
9aS; 15aD
3 S;
5 D
3 S;
5 D
2
12
6
6
e
4
15/10aS;
4 S; 8 D
4
3
20/12aD
6aS; 12aD
4 S; 8 D
3
3
8
6
4
4 (Jury of 12)
2 (Jury of 6)
10015;
12aD
6
3
6*
fla
4
4
4
10 S; 20 D
3
3 (Jury of 12)
3
12 S; 20 D
10
10
6 (Jury of 12)
3*(Jury of 6)
ISS;
12411)
3 S;
5 D
3 S;
5 D
5
20
15 (Jury of 12)
10 (Jury of 12)
3 (Jury of 6)
10 (Jury of 6)
3 (Jury of 6)
14
4 S; 6 D
4 S; 6 D
8
15
10
6
6
6
4
4
3 (Jury of 8)
122
lij
Attorney
Civil--judge;
criminal--judge plus attorney
Attorney
Civil--judge;
criminaljudge plus attorney
Judge
Judge
Judge
Judge plus attorney
Attorney
Judge
Judge
Attorney
Attorney
Judge
Judge
Judge
Judge plus attorney
Attorney
Judge plus attorney
Attorney
Judge plus attorney
`31,,
Number of peremptory chsllenges per party per ide
State
Criminal cases
Method of voir dire
Capital
Felonies
Misdemeanors
Civil cases
OKLAHOMA
OREGON
9
6AS; 12AD
5
3 S;
6 D
3
3 S;
6 D
3
3
Judge plus attorney
Civilattorney;
criminaljudge plus attorney
PENNSYLVANIA
20h
8
6
4
Judge plus attorney
RHODE ISLAND
1/4 of pool
1/4 of pool
1/4 of pool
1/3 of pool
Judge plus attorney
SOUTH CAROLINA.
5 S; 10 D
5 S;
10 D
5
4*
Judge
SOUTH DAKOTA
20A
10
3
3
Attorney
TENNESSEE
6 S;
15 D
4 S;
8 D
3
4
Judge
TEXAS
15
10
5 (Jury of 12)
6 (Jury of 12)
Attorney
3 (Jury of 6)
3 (Jury of 6)
UTAH
10
4
3
3
Judge
VERMONT
6
6
6
6
Attorney
VIRGINIA
4
4
3
3*(Juries of
Judge plus attorney
5 or 7)
WASHINGTON
12
6
3
3
Civil--judge plus attorney;
criminalattorney
WEST VIRGINIA
2*S; 6*D
2*S; 6*D
2*S; 6*D
4
Attorney
WISCONSIN
6A
4
4
3
Judge plus attorney
WYOMING
12
8
4 (Jury of 12)
3
Attorney
2 (Jury of 6)
AMERICAN SAMOA
(Information not available)
DISTRICT OF
COLUMBLA
GUAM
20
10
(Information not available)
3
3
Judge plus attorney
PUERTO RICO
VIRGIN ISLANDS
8AS; 151D
3 S; 6 D
(Information not available)
(Information not available)
Judge plus attorney
Key:
S
State.
D
Defense.
*
Struck-jury method is used.
Attorney
Attorneys have primary control of the questioning of the juro
subject to judicial control only
for abuse.
Judge
Judge has unfettered control of the questioning of jurors.
Attorneys may submit questions to the
judge, which the judge may or may not ask the jurors, end the Judge can, in his or her discretion, allow
the attorneys to ask questions directly of the jurors after concluding questioning.
Judge plus attorney
Judge will generally begin the questioning with standard questions on bias, but that the
attorneys will then have a right to question the jurors directly at the conclusion of the
judges's questions.
Local practices differ and many judges have their own individual
approaches to this problem.
AThis figure also applies to trials involving possible life imprisonment.
bTwenty_five peremptory challenges are allowed for capital cases; 15 peremptory challenges are allowed for
cases involving life imprisonment.
cTwelve peremptory'khallenges are allowed for class A felonies.
9
dEight are allowed for class B felonies; six are allowed for all but class A or class B felonies.
ATwelve peremptory challenges are'allowed if punishment is necessarily hard labor; six are allowed for all
others.
fThese figures apply only to murder trials.
&Applies Os all of the more seriou felonies.
Source:
NCSP staff review of state statutes; Jon M. Van Dyke, Jury Selection Procedures, (Cambridge, Massachusetts:
Ballinger Publishing Company, 1977), Appendix D.
123
1 'I "
hit
Table 35:
Trial jury size and vote required for verdict, 1980.
Jury size and vote required for verdict for criminal and civil trials.
Criminal trials
State
Felonies
Misdemeanors
Civil trials
ALAEAMA
12 (U)
12 (U)
12 (U)
ALASKA
12 (U)
6 (U),
12; 6 if the amount in
controversy is lees
than $3,000 (5/6)
ARIZONA
12 in capital cases and if
8 (U);
6 in courts not of
8 440/4); 6 in courts not
the potential punishment
is 30 years or more;
record (U)
record (5/6)
ARKANSAS
8 in all other cases (U)
12 (U)
CALIFORNIA
12 (U)
COLORADO
12 (U)
12 (U); 6 in Justice of the
Peace Court (U)
12 (U)
12 in the most serious
misdemeanors;
12
(
6 in District Courts;
3 in County Courts
6 in all others (U)
(controversy concerns
less than $500) (U)
CONNECTICUT
12 in capital cases
or if potential punishment
is life imprisonment;
6 (U)
6 (U)
6 in all other cases (U)
DELAWARE
12 (U)
12 (U)
6a (U)
14
FLORIDA
12 in capital cases;
6 (U)
6 (U)
6 in all others (U)
GEORGIA
12 (U)
12c(U)
12 (U)
HAWAII
12 (U)
12 (U)
12 (5/6)
IDAHO
12 (U)
6 5/6
12; 6 if amount in controver-
sy is $500 or less (3/4)
ILLINOIS
12
(U)
12 (U)
12 (U)a
INDIANA
12 (U)
12; 6 in County Courts (U)
12; 6 if amount in contro-
versy is $500 or'less (U)
IOWA
12 (U)
12 (U); 6 in Municipal
12 (U)
KANSAS
KENTUCKY
LOUISIANA
Courts which have jur-
isdiction over crimes
punishable by one year
or lees or $500 fine
or both (U)
(U)
12; 6a in Magistrate Courts
(U)
12; 6 in courts of limited
jurisdiction over crime§
punishable by 1 year or
$500 fine (U)
12 (U if capital; 5/6 if pun-
6 (5/6)
iehment is hard labor):
6 if punishment is possibly
hard labor (5/6)
troversy is $3,000 or less
(0)
12 (5/6); 6 if amount in con-
troversy is $3,000 or less
(0)
12 (3/4); 6 in courts of lim-
ited jurisdiction that has/e
jurisdiction over controver-
sies of $500 or less (5/6)
12 (3/4)
124
1 '13
1011State
Criminal trials
Felonies
Misdemeanors
Civil trials
MAIM
MARYLAND
MAS8ACHUSETT5
12 (U)
12(U)
12 (U)
12 (U)
6,
7, or 8d (3/4)
12 (U)
12 in Superior Courts;
12 in Superior Courts; 6 in
12 (5/6)
6 in District Courts (trials
District Courts (trials de
de novo) (U)
novo) (U)
MICHIGAN
12 (U)
MINNESOTA
12 (U)
MISSISSIPPI
12 (U)
MISSOURI
12 (U)
MONTANA
12 (U)
NEBRASKA
12 in District Courts;
6 in County Courts (U)
12 (U)
12 for "gross misdemeanors";
6 for others (U)
6 if punishable in county
jail; otherwise 12 (U)
12 (U, except for courts not
of record:
2/3)
12; 6 in Justice of the Peace
Courts or Police Courts (U
12 in District Courts;
6 in County Courts and
Police Magistrate's
Courts--max1mum punishment
pf
1
year in jail (U)
6 (5/6); 12 in cases invol
ving civil commitment (U)
6 (U; 5/6 verdict can be
accepted only after 6
hours of deliberation)
12; 6 if amount in contro
versy is less than $200
(3/4)
12 (courts of record: 3/4;
courts not of record: 2/3)
12; 6 if matter in contro
)
versy is less than
$10,000 (2/3)
12 in District Courts;
6 in County Courts--less
than $5,000 in contro
versy (5/6 verdict can
be accepted, only after
6 hours of deliberation)
NEYADA
12 (U)
12 (U)
8 (3/4)
NEW HAMPSHIRE
12 (U)
12; 6 if no prison term over
12 (U)
1
year can result from
conviction (U)
NEW JERSEY
12 (U)
12 (U)
12 and 6 (5/6)
NEW MEXICO
12 (U)
12; 6 in Magistrate's Court
12 (5/6)
--maximum punishment of 6
months in jail (U)
NEW YORK
12 (U)
6 (U)
6 (5/6)
NORTH CAROLINA
12 (U)
12; 6 in limited jurisdic
tion courts (U)
12; 6 in limited jurisdiction
courts (U)
NORTH DAKOTA
12 (U)
12 (U)
12; 6 if amount in contro
versy is $200 or less (U)
OHIO
12 (U)
8 (U)
8; 6-1n Municipal and
County Courts (3/4)
OKIAHOVIA
12 (U)
12; 6 for violations of
pity ordinances (3/4)
12; 6 if amount in contro
versy is less than $2,500
(3/4)
OREGON
12; 6 in District and County
12; 6 in District and County
12; 6 in District and County
Courtr--saximum punishment
of 1 year or less (1st
degree murdr: U, all
others:
5/6)
Courts--max1mum punishment
of 1 year or less (5/6)
Courts (3/4)
PENNSYLVANIA
12 (U)
12 (U)
12 (5/6)
125
Table 35:
Trial jury size and vote required fOr verdict, 1980 (continued)
State
Criminal trials
Felonies
Misdemeanors
Civil trials
183DI ISLAND
SOUTN CAROLINA
SOUTH DAKOTA
=mut
TZIAS
UTAR
VIRIONT
VINGINIA
VASNINGTON
VEST VIRGINIA
WISCONSIN
WYOMING
12 (U)
12 (U)
12 (U)
12 in capital cases;
8 in all others (U)
12 (U)
12 (U)
12 (U)
12; 6 in Magistrate's Court
and County Courts for
'
crimes with a potential
punishment of less than
30 days in jail or
$100 fine (U)
12; 6 in matters before
a magistrate (U)
6 (U)
12 in District Courts (U)
6 in County Courts (U)
8;
4 in cirts of limited
jurisdiction (U)
12; 6 in Justice Courts (U)
7 (U)
12 (U)
12; 6 in Justice of the Peace
Courts maximum punishment
of 6 months in jail (U)
12(U)
12 (U)
12 (U)
\
AMBRICAR SAMOA
(Informstion not available)
DISTRICT Of COLUMBIA
12 (U)
GUAM
PUERTO RICO
V INGIN ISLANDS
(Information not available)
12 (3/4)
(Information not available)
12 (U)
6a(U)
12 in District Courts;
6 in County Courts (U)
12 (U)
12; 6 in County Courts that
have jurisdiction over
controversies involving
$1,000 or lees, and
Magistrate's Courts
that have Jurisdiction
in controversies invol
ving $500 or less (U)
12 (5/6); 6 in matters
before a magistrate
12 (3/4); 6 (U)
12 in District Courts (3/4);
6 in courts of limited
jurisdiction (5/6)
f; 4 in courts of limited
Jurisdiction (3/4)
12; 6 in Justice Courts (U)
12 in "spicier cases;
7 in most others; 5 if
amount in controversy
is less than $5,000 (U)
6a; 6 in Justice of the
Peace Courts--$3,000 or
less (5/6)
12; 6 in Justi
of the
Peace Courts (U)
ha (5/6)
6' in Oistrict Courts;
6 in'ebunty Courts (U)
12 (U)
(U)
(Information not available)
Note:
The information in parentheses refers to the percentaee agreement required for a jury verdict.
In many states,
the number of jurors listed here can be reduced by agreement of all the parties involved in the litigation.
Key:
U
Unanimous verdict
Jury of 12 must WI requested; otherwise a jury of 6 will be used.
10If jury of less then 12 is agreed to by the parties, the verdict must be reached unanimously.
eThe jury miss for misdemeanor trials in Georgia varies from county to county and may be as mall as 5 in some
locations.
4A jury of 8 in civil cases in Maine must be requested before the day of the trial.
Source:
State Court Adminisrators; NCSP staff review of state statutes; Jon M. Van Dyke, Jury
Selection Procedures, (Cambridge, Mkssachusetts:
Ballinger Publishing Company, 1977),
Appendix R.
126
Table 36:
Compensation of trial jurors, 1980.
Per diem and travel reimbursement.
State
Travel
Per diem (dollars)
reimbursement
State
Travel
Per diem (dolrirs)
reimbursement
ALARAMA
ALASKA
ARIZONA
ARKANSAS
CALIFORNIA
$10
$20
$12
$ 5 ($20)
$ 6 Justice Courts
($ 5)
($ 6) (San Francisco
.15g/mile
civil trials)
socul
None
10g/mile
5g/mile
5g/elle
15g/elle
NEBRASKA
NEVADA
NEW HAMPSHIRE ....
NEW JERSEY
HIV MEXICO
NEW YORK
$20
$ 9 ($15)
$30
$ 5
$ 2.30/hour
$12; $8 in Suffolk County
expenses allowed-$1/day
10g/mile
19g/mile
17g/elle
2g/elle
Hone
8g/mile
COLORADO
$ 3 ($6)
15g/elle
NORTH CAROLINA ... $ 8
Hone
CONNECTICUT
$20
10g/elle
NORTH DAKOTA
$25; $10 in Justice of
the Peace Courts
15g/mile
DELAWARE
$15
15g/mile
OHIO
$10; $15 in 3rd week
Hone
FLORIDA
$10
10g/mile
OKLAHOMA
$12.50
5g/mile
GEORGIA
$10- -state average; per
None
diem varies from
OREGON
, $10
Sg/mile
from $5 to $25
HAWAII
$20
20g/elle
PENNSYLVANIA
$ 9; $25 after 3rd &Ay
11g/mile
IDAHO
$ 5/half day
10g/elle
RHODE ISLAND
$15
8g/mile
ILLINOIS
$10 (large counties)
18g/elle
SOUTH CAROLINA ...
$10
Hone
$ 5 (small counties)
SOUTH DAKOTA
$10 ($20)
15$/mIle
INDIAAA
$ 7.50 ($11.50)
17g/mIle
($20.00 in Lake County)
17g/elle
TENNESSEE
$10
Hone
IOWA
$10
15g/mile
TEXAS
$ 6 - -varies up to $30
Mone
KANSAS
$10
None
UTAH
$14; $6 for City Courts
10g/mile
KENTUCKY
$ 5; expenses allowed up
to $1.50/day
None
VERMONT
$30
8g/mile
VIRGINIA
$15
15g/elle
LOUISIANA
$12 ($8); ($16 in
6g/mile
New Orleans)
WASHINGTON
$10
13g/mile
MAINE
$20
10g/mile
WEST VIRGINIA ....
$15
Hone
MAITLAND
$10; expenses allowed up
to $15/day
15g/mile
WISCONSIN
$ 8.50/half day; full day
varies from $7 to $25
10g/elle
MASSACHUSETTS ...
$14-$18; xpenses allowed
up to $2.50/day
Cambridge - -$40 after
3rd day
8g/mile
Sg/mile
WYOMING
$ 6/half day
15g/elle;
18g/elle
for 4
wheel
drive
vehicles
MICHIGAN
$ 7.50/half day
10g/elle
AMERICAN SAMOA ...
(Information not available)
MIIIIRSOTA
$15
13g/mile
DISTRICT OF
COLUMBIA
$30
None
MISSISSIPPI
$15
Mons
GUAM
(Information not available)
MISSOURI
$ 6
10g/mile
PUERTO RICO
(Informstion not available)
MONTANA
$12; $7.50 in Justice
10g/mile;
of the Peace Courts
17g/elle
over 10
VIRGIN ISLANDS ...
$15/half day
Hone
(
)
Dollar amount paid to jurors when serving.
Sources:
State Court Administrators;.MCSP staff review of state statutes; Virgin Island Code /151, Title 4;
Center for Jury Studies, Newsletter f2-2, March 19$0.
1
4
(1
vi
Part II: State Court Organization Profiles
SUM COURT ORGAXIZATION PROFILES
The following section gives a narrative profile
of the court system for ech of the 50 states,
Asericam Smoa, the District of Columbia, Guam,
Puerto Rico, and the Virgin Islands.
Profiles re
arrarsied in alphabetical order; all sttes listed
first, followed by the territories.
A court organ-
ization chart (Figure 1) nd a tate-level adminis-
trtive office organization chart (Figure 2) are
included in each profile.
An outline is provided at the beginning of this
section displaying the format used and the kinds
of information collected to produc each profile.
Much of the information used in each profile was
tken from the Implementation of Standrds of Ju-
dicial Administration (ISJA) project profiles.
The
RCS? profiles were sent to the respective state
court administrative offices for review of accuracy
and completeness of data, along with state-
specific, "tailored" questionnaires.
Each state
court administrator was provided a checklist for
reviewing the profiles.
A prototype of the check-
list is included in Appendix B.
As responses were recived, staff found it nec-
essary to cross-check some of the data provided by
the administrative offices through statutory
checks, letters, or telephone calls.
Once the profiles were in final form, verifica-
tion tablas were mailed to the administrative of-
fics emphasizing the need for exact names of
courts, number of authorized judges, judge terms
of offic, jurisdiction of each court, qualifica-
tion of judges, and scope of authority of quasi-
judici1 officers.
The state narrative profiles, along with the
summary tables in Section 1, give a complete pic-
ture of the administrative and structural organiza-
tion of each state's court system.
Outline of the State Narrative Profiles
Information contained in the narrative profile
is organized into seven sections:
1.
Court(s) of Last Resort
2.
Intermediate Appellate Court(s)
3.
Court(s) of General Jurisdiction
4.
Court(s) of Limited or Special
Jurisdiction
5.
State-Level Administration
6.
Quasi-Judicial Officers
7.
Judicial Dicipline
,
1
"lox
Sections 1-4 follow a standard format.
131
(Opurt Level)
.1.1 (COURT NAME).
(First court listed under
this court level)
(Information on terms of the
court.)
. 2.1 Organization.
(Information on the or-
ganization of the court.
Included here may be
the geographic locations of court sittings,
descriptions of the judicial staffing of the
court, and special operating procedures.
If
the court is divided into separate divisions
by constitution or statute, the names of the
divisions are given here.)
. 3.1 Juriediction
a. (Original jurisdiction of the court is
listed, generally criminal, civil, juvenile,
and traffic.
If the jurisdiction of the court
is broken up among several constitutionally or
statutorily specified divisions, the jurisdic-
tion of each division is listed in a separate
paragraph.)
b. (Appellate jurisdiction of the court
is listd.
If the particular court has no ap-
pellate jurisdiction, that is noted.)
.4.1 Justices/Judges (number of judicial of-
ficers and their special titles)
a. (This section contains information con-
cerning the method of selection for the posi-
tion of chief judge presiding over all court
locations or over each individual location.)
b. (Legal qualifications ere given for the
judicial officers for the court.)
c. (The method of initial selectionthe
length of arms, and selection for subsequent
terms of judicial officers serving the court
is given.
Also included is information con-
cerning the filling of interim vacancies.)
.5.1 Administration'
a. (The duties of the chief/presiding jus-
tice/judge are described.
If this position
does not exist in a particular court, this is
noted.)
b. (The title and job description of the
adminiitrative officer of the court is given.
If this position does not exist in a particular
court, this is noted.)
c. (The title, duties, nd method of sel-
ection of the clerk of the court are listed.)
.6.1 Itu le-making.
(This section describes
the rule-making authority of the court as a
whole and of its chief judge.
Courts over
which this court has rule-making authority are
listed.
If another court has rule-making auth-
1 1 s
ority over this court, it isilisted, alorg with
a refmence to the mction describing the rule-
making uthority of that other court.)
The next court at the same level is numbered
.1.2,
.2.2,
.3.2, et\c.
If there is any court
level which is not represented in a particular
state (for xample, an Intermediate Appellate Court
in Virginia or Courts of Limited or Speci1 Jurist-
diction in states with unified trial courts), a
notation of the fact is made under the heading In
a section labeled
.0.
The outline for the reminder cif the profile
is as follows: \
State-Level AdminLetration
5.1 General administrative authority.
(The
body/officials within the state who, by con-
stitution or sttute, possess administrative
authority over the court system are named and
their responsibilities are listed.)
5.2 (Title of the office of state court dmin-
istration)
. (Constitution or statute citation for
the authorization of the office.)
b. (Title of the Mate court administra-
tive officer)
(1)
(Authorization for the position
of the btate court administrative officer i
given.)
(2)
(The method of mlection for the
achaknistratiave officer i given.)
(3)
(The responsibilities of the ad-
inistrative offlcm are listed.)
c. Office organization.
(A brief descrip-
tion of the state court administrative office
is given, including the breakdown of the number
of profesional/clerical personnel, the titles
of assistants/deputies who aid the administra-
tive officer and their method of selection, and
a listing of the general functional areas in-
cluded in the scope of the office.)
Quasi-Judicial Officer
6.1 (NAME OF COURT)
6.2 (Title of quai-iudicial officer)
I
a. (The requirements and method of selec-
tion for the position are given.)
b. (The authority of the officer, includ-
ing types of cases and actions performed, is
given.)
Judicial Dicipline
7.1 (Name of judicial disciplinary body).
(The
makeup and method of selection of the judicial
disciplinary body I. described.)
,
7.2 Authority and procedure for unction.
(The
steps in investigating nd resolving complaints
against justices or judges are described.)
If there is more than one subsection under
a general heading In sections six and seven, these
subsections are numbered sequentially, e.g., 6.1.1,
6.2.1, 6.1.2, 6.2.2, etc.
References for the information contined
in each subsection appear within brackets at the
end of each subsection.
The titles for document
references are given in full only once.
All sub-
sequent references to that source are abreviated.
Two figures are included vith each narra-
tive profile as illustrations of the structure de-
scribed in sections of the profile.
Figure 1 give.
the organizational structure of the court system.
Information is given about levels of court, num-
bers of courts and judges, nd jurisdiction of
court.
Court with constitutionally or Mat,utor-
tally created divisions are represented by subdiv-
ided boxes.
Routes of ppeal between the court
i used to link the courts into n organizational
structure for each state
The structure and functions of each state
court administrative office are displayed in Figure
2.
The figure may either identify where each em-
ployee fits into the organization (used primarily
for states with comparatively small staffs) or it
may outline functional areas, noting tbe responsi-
bilities of each section or division (used primar-
ily for those stMes with large staffs).
Figures
1 and 2 are located In each profile close to the
corresponding sections in the narrative
132
-I
443
Figure 1:
State court system, 1980
Alk_
COURT or ust
FISOAT
Nambber ad justices
Jurisdiction:
- Or iginal
- [saw, ive
- knit of appeals
- Discretiemary revise
/NTSFINIDIAll AFFILLATI.COURT (Number of courts)
Number ad judges
Jurisdiction:
-
- Inclusive
I (N.)
GE
COURT OF
NERAL JURISDICTION
of courts)
Number of judges
Jur iodic t ien
- Civil
- cr1inal
- Tref( ic
- Juvenile
Appeals heard
Jury trial/no jury trial
COURT
LIAITED/SPECIAL JURISDICTION (Number of courts)
Number
judges
Jur isdict
n:
- Civil
- Crimina
- Traffic
- Juvenll
Jury trie /no jury trial
tIndicates rout of appeal.
4
133
Court of
legit
resort
Intermediate
appellate
110Ur
1
Court of
general
jurisdict ion
1
Court of
. limited
jurlildIttiOn
150
I
Figure 1:
Alabama court system, 1980
f
UPRISE COURT
6 justices
Jurisdiction:
- civil appeals over $10,000.
- Appeals as of right of criminal cases
where death penalty has been imposed.
- Other civil and criminal appeals by writ
ef certiorari.
COURT OF CIVIL ORALS
3 iedille
Jurisdietiont
- Civil appeals under $10,000, end
domestic relatiens.
- Appeals from administrative agencies
(except Public Services Commission).
- Workmen's compensation appeals.
Direct ppeal if:
1) Pure question of
lew, certified by
District Court; or
2) Proper court rrrrr d
sad risht te jury
trial waived by
bath parties.
L.,
Civil cases
under $10,000.
I
I
Title to or
po eeeee ion of
land; law over
$10,000; equity.
i
\
1
t
COURT OF CRIMINAL ANNEALS
5 judges
Jurisdiction:
- Appellate jurisdiction in criminal
MOttOra.
41.11
Criminal
cases.
I
CIRCUIT COURT (3P)
,
II) Judaea
CIRCUIT COURT (36)
FAMILY ODURT DIVISION (7)
Jurisdiction:
..
JurisdiFtion:
- Civil actions over $500; exclusive
- Domestic relations.
over $5,000.
Domestic reDetions
- Juvenile (concurrent with District
(if no Family Court Divisiogi.
Court.)
- Felonies, and misdemeanors and
rdinance violations revolting
from felony cases.
- Juvenile concurrent with District
Court (if no Family Court Divi-
sion).
Appeals (de novo from District and )bunicipel Courts).
Jury trials.
PRORATI COURT (67)
67 judges
Jurisdiction:
- Original jurisdiction over all pro-
bate of wills, settlement of
accounts of executors and adminis-
trators, guardianship, partition of
land, and name changes.
F. jury trials.
I
Direct appeal if:
I) Pure queation of
law, certified by
District Court; or
2) Proper court record
and right to jury
trial waived by
both parties.
MUNICIPAL COURT 01215)
X215 judges
Jurisdiction:
'
- Exclusive jurisdiction in city
ordinance violations.
No jury trials.
DISTRICT COURT (811)
88 judges
Jurisdiction:
- Civil actions under $5,000, small
claims under $500.
- Preliminary hearings, non-capital
felony guilty pleas, and Riede -
menors.
- Juvenile matters.
No jury trials.
fIndicates rout, of appeal.
151
134
IIIMMI,
aMIM.
111"
.11
Court of
last
resort
Intermediate
appellate
courts
Court of ,
general
jurisdiction
Courts of
limited
jurisdiction
ALABAMA
Court of Last Resort
1.1 SUPREME COURT.
The court sits in Montgomery.
Regular terms of court commence on the first Monday
of October of each year and continue until June 30
of the following year.
(Code of Alabama, 1975, (hereinafter Code)
Title.12, Section 2-81.
1.2 prganization.
Internal rules of court may pro-
vide'for panels.
(Rule 16(d), Alabama Rules of Appellate Proce-
dure (hereinafter A.R.A.P)]
1.3 Jurisdiction
a. The Supreme Court has original jurisdiction
to issue necessary writs and to answer questions
of state law as certified by a federal court.
b. The Supreme Court has authority to exercise
statewide appellate jurisdiction.
The court has
exclusive appellate jurisdiction in ciVil cases
'
where the amount involved exceeds $10,000.
(Constitution, Amendment Number 328, Section
6.02; Code 1112-2-7, 12-3-10)
1.4 Justices (9).
The Chief Justice is elected by
the voters of the state at general) elections.
He
serves
6-Year term.
a. Supreme Court justices must be licensed to
practice law in the state.
They must not have
reached the age of 70.
b. Supreme Court justices are elected to 6-year
terms in partisan primaries and general elections.
Vacancies are filled by gubernatorial appointment.
The appointees are eligible to stand for election.
(Const., Amend. No. 328, S16.07, 6.14, 6.15,
6.16; Code 112-2-1; Administrative Director of
Courts)
1.5 Administration
a. The Chief Justice is the administrative head
of the judicial system.
He exercises administra-
tion and supervision over the entire court system
through the Administrative Director of the Courts,
presiding judges, and trial court administrators.
Reference Section 5.1 (General Administrative
Authority).
The Chief Justice has no specifically
articulated duties with regard to the administra-
tion of the Supreme Court.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The clerk of the Supreme Court is appointed
by the justices.
The clerk is responsible for ad-
ministering oaths, taking affidavits, issuing and
signing all writs and processes, keeping the
papers, docket, and records of the court, entering
judgments and proceedings of court, and handling
the finances of the court.
(Const., Amend. No. 328, 16.10; Code 1112-2-90,
12-2-97)
1.6 Rule-making.
The constitution provides that
the Supreme Court will make and promulgate rules
governing [h
administration of all courts and
rules governing practice and procedure in all
courts.
These rules may be changed by a general
act of statewide application.
Statutes specify,
however, that any provision under Title 12 of the
Code of Alabama will apply only if the procedure
is not governed by any rule of practice and proce-
dure adopted by the Alabama Supreme Court.
The
Supreme Court is authorized and empowereein con-
nection with its rule-making power to appoint var-
ious advisory or standing committees composed of
justices, judges, lawyers, law professors, and
others.
(Const., Amend. No. 328, S6.11, Code SS12-1-1,
12-2-7, 12-2-161
Intermediate Appellate Courts
2.1.1 COURT OF CRIMINAL APPEALS.
The Court of
Criminal Appeals sits in Montgomery for a term
commencing on the first Monday in October of each
year and continuing until June 30 of the following
year.
(Code SS12-3-5, 12-3-121
2.2.1 Organization.
The full court considers and
decides cases.
(Administrative Director of Courts)
2.3.1 jurisdiction
a. The Court of Criminal AppeLls may issue
necessary writs.
b. The Court of Criminal Appeals has exclusive
appellate jurisdiction over all felonies, all mis-
demeanors (including ordinance violations), and
habeas corpus.
(Const., Amend. No. 328, 16.03, Code S112-3-9,
12-3-111
2.4.1 Judges (5)
a. The presiding judge of the Court of Criminal
Appeals is elected by the members of that court,
and serves at their pleasure.
b. Court of Criminal Appeals judges must be
licensed to practice law in the state.
They must
not have reached the age of 70.
C. Court of Criminal Appeals judges are elected
to 6-year terms by the voters of the state at
large.
Vacancies are filled by gubernatorial ap-
pointment.
(Conat., Amend. No. 328, S16.07, 6.13, 6.14,
6.16; Code S112-3-2, 12-3-4)
2.5.1 Administration
a. The presiding judge is responsible for gen-
eral supervision of the court.
b. There is no provision for an administrator
for the Court of Criminal Appeals.
Referende Sec-
tion 5.2.b (state-level administrator).
c. The judges of the Court of Criminal Appeals
are authorized to appoint and employ a clerk.
In
practice, the clerk has supervisory control over
employees; docket work;.issuance of writs, opin-
ions, and final judgments; and setting oral argu-
135
giants.
He is also responsible for signing
all
purchase requisitions, vouchers, and memos as re-
quired.
H. has authority to check petitions for
mandamus and to return those that are not
worthy
of consideration.
[Code SS12-3-20, 12-3-23; Administrative
Direc-
tor of Courts)
2.6.1 Rule-exiting.
Reference Section 1.6.
2.1.2 COURT OF CIVIL APPEALS.
The Court of Civil
Appeals sits in Montgomery for a term commencing
on the first Monday in October
of each year and
continuing until June 30 of the
following year.
(Code SS12-3-5, 12-3-12)
2.2.2 Organization.
The Court of Civil Appeals
does not sit in panels or divisions.
[See Code S12-3-3)
2.3.2 Jurisdiction
a. The Court of Civil Appeals may
issue neces-
sary writs.
b. The Court of Civil Appeals has exclusive
appellate jurisdiction over all civil cases
where
the amount involved does not exceed
$10,000, all
appeals from administrative agencies
other than the
Public Service Commission, all appeals in
workmen's
compensation cases, all appeals in domestic rela-
tions cases, and all extraordinary writs
arising
from appeals in said cases.
(Const., Amend. No. 328, S6.07; Code
Sf12-3-1,
12-3-10)
2.4.2 Judges (3)
a. The presiding judge of tha Court of Civil
Appeals is the judge who ham served the
longest.
b. Court of Civil Appeals judges must
be li-
censed to practice law in the state.
They must not
have reached the age of 70.
c. Court of Civil Appeals
judges are elected
to 6-year terse by the voters of the state at
large.
Vacancies are filled by gubernatorial ap-
pointment.
[Const. Amend. No. 328,-SS6.07,
6.13, 6.14,
6.16; Code SS12-3-3, 12-3-4)
2.5.2 Administration
a. The presiding judge is responsible for gen-
eral supervision of the court.
b. There is no provision for an administrator
for the Court of Civil Appeals.
Reference Section
5.2.b (state-level administrator).
c. The judges of the Court of Civil Appeals are
authorized to appoint and employ a clerk.
There
are no formal provisions for assigning administra-
tive duties to the clerk.
The clerk has the same
responsibilities as the clerk of the Court
of Crim-
inal Appeals.
Reference Section 2.5.1.c.
(Code S§12-3-20; 12-3-23)
2.6.2 Rule-making.
Reference Section 1.6.
Court of General Jurisdiction
3.1 CIRCUIT COURT.
The court sits in continuous
session.
(Code S12-11-4).
3.2 Organization.
A Circuit Court sits in every
county of the state.
The state is divided into 39
judicial circuits, each composed of from 1 to 5
counties.
Seven Family Courts have been created
by legislation of local application
in the legisla-
ture and sit as a division of the Circuit Court.
(Code SS2-11-1, 12-11=2; Administrative Direc-
tor of Courts)
3.3 Jurisdiction
a. The Circuit Court has
jurisdiction in all
felony prosecutions, and in misdemeanors or
ordi-
136
4
nance violations included within a felony charge
or that arise from the
same,incident as a felony
charge.
The court has exclusive original juris-
diction in civil actions in whic,,h the matter in
controversy exceeds $5,000 and concurrent jurisdic-
tion with the District Courtv1en the matter ex-
ceeds $500.
Presiding judges of a circuit may ap-
point a circuit or district judge to handle juve-
nile jurisdiction and domestic
relations matters.
More than one judge may be appointed.
The Family
Court has jurisdiction in juvenile and
domestic
relations matters.
b. The Circuit Court has appellate
jurisdiction
over criminal, civil, and juvenile cases appealed
from the District Court except in cases in which
the appeal is directly to a court of appeals.
(This occurs when there is an adequate record of
facts and all parties have waived right to a jury
trial or when the parties agree that only questions
of law are involved and the District
Court judge
certifies the questions.)
The court also ham ju-
risdiction over ordinance violation cases appealed
from the Municipal Court and cases appealed from
the Probate Court.
Appeals to the Circuit Court
are tried de novo.
[Code SS12-/1-30, 12-12-72; Administrative
Director of Courts)
3.4 Judges (113)
a. There is no provision for a chief judge over
all the circuits of the Circuit Court.
The pre-
siding judge of each circuit is elected
by a ma-
jority vote of the judges in the circuit.
b. Circuit Court judges must be
licensed to
practice law in the state.
They must not have
reached the age of 70.
c. Circuit Court judges are
elected to 6-year
terms by the voters of the circuit.
[Const., Amend. No. 328, SS6.07,
6.13, 6.15,
6.16; Code S12-17-23)
3.5 Administration
a. Whereas there is no chief
judge over all the
circuits of the Circuit Court, the
presiding judge
of each circuit exercises general
supervision over
judges, clerks, registers, court reporters,
bai-
liffs, sheriffs, and other court
employees of the
Circuit and District Courts within the
circuit,
except employees of the clerk.
He has general
supervision over the administrative operation of
the District Courts within the
circuit, subject to
rules of the Supreme Court and the
administrative
authority of the Chief Justice.
The presiding
judges of Circuit and District Courts, or
their
designees over whom they have supervisory author-
ity, deteraine the calendaring of civil cases
within their respective courts.
b. There are no statutory provisions for an
administrator over all the circuits of
the Circuit
Court or for administrators for
the individual
circuits.
Local court administrators serve pur-
suant to local legislation.
Reference Section
5.2.b (state-level administrator).
c. Clerks of the Circuit
Court are elected te
6-year terms by the voters of the counties.
In
addition to clerical and recordkeeping
duties, the
clerks are responsible for such administrative
duties as jury management and budget
preparation,
under the direction of the presiding circuit
judges.
(Const., Amend. No. 328, 0.20; Code SS12-12-
10, 12-17-24, 12-17-93, 12-17-94;
Alabama Rules
of Judicial Administration (hereinafter
A.R.J.A.), Rules 4, 15)
3.6 Rule-making.
The trial courts are governed by
rules adopted by the Supreme Court.
Pursuant to
Rule 83, Alabama Rules of Civil Procedure (herein-
after A.R.C.P.), the courts may approve local
rules not inconsistent with A.R.C.P.
In addition,
trial courts exercise limited rule-making autho-
rity in such areas as determination of days the
clerk's office is open.
See Rule 77(c), A.R.C.P.;
A.R.J.A., Rule 5.
Courts of Limited or Special Jurisdiction
4.1.1 DISTRICT COURT.
In practice, each court sits
in continuous session at the pleasure of the
elected judge of the court.
1Administrative Director of Courts]
4.2.1 Organization.
Generally, each county consti-
tutes a district.
Sessions of the District Court
are held in each county seat, each municipality
with a population of 1,000 or more where no Munici-
pal Court exists (restricted to municipal cases),
and at other locations within counties in which
geographical venue lies in more than one place.
There is a small claims docket in each District
Court.
In districts having more than one district
judge, the presiding circuit judge may designate a
district judge to handle domestic relations matters
or juvenile matters.
More than one judge may be
appointed.
(Code SS12-12-31, 12-15-3, 12-17-61, 12-17-70;
Administrative Director of Courts]
4.3.1 Jurisdiction
a. The District Court has jurisdiction over
misdemeanors except ordinance violations in munici-
palities having Municipal Courts, any prosecution
involving a felony offense, or any misdemeanor for
which an indictment has been returned 14 a grand
jury.
The District Court may hold preliminary
hearings, and may receive guilty pleas in felonies
not punishable by sentence of death.
The District
Court has jurisdiction over civil actions involving
$5,000 or less and civil actions based on unlawful
detainer.
Certain civil matters are excepted as
provided by law.
The court has exclusive jurisdic-
tion over small claims involving 000 or less.
Juvenile jurisdiction may be exercised by the Dis-
trict Court.
b. The District Court has no appellate juris-
diction.
(Code S512-12-30, 12-12-31, 12-12-32, 12-12-341
4.4.1 Judges (88)
a. The presiding judge of each circuit, with
the advice and consent of a majority of circuit
judges in the circuit, appoints a presiding dis-
trict judge.
b. District Court judges must be licensed to
practice law-in the state and must have been resi-
dents of their districts for 1 year preceding their
election.
c. District Court judges are elected to 6-year
terms by the voters of their districts.
(Const., Amend.11No. 328, SS6.07, 6.13, 6.15;
A.R.J.A., Rule 61
4.5.1 Administration
1
a. Under the general supervision of the circuit
presiding judges, the district presiding judges
perform administrative duties as assigned.
In
practice, these duties usually include setting the
District Court calendar and supervising District
Court staff personnel.
b. There are no statutory provisions for admin-
istrators for the districts of the District Court.
Local court administrators serve pursuant to local
137
legislatun.
Reference Section 5.2.b (state-level
administrator).
c. Except as otherwise provided, the clerk of
the Circuit Court is the ex officio clerk of the
District Court within the circuit and has adminis-
trative responsibility for and supervision of the
records and clerical services of the court.
Note:
Authority and responsibility for the
operation of a separate clerk's office for the
District Court may be authorized by the Supreme
Court upon the written request of the clerk of the
Circuit Court or the judges of the District Court.
Whenever a separate district clerk's office is
authorized, the circuit clerk is not ex officio
clerk of the District Court and has no administra-
tive responsibilities for and supervision over the
operation of the office.
Instead, this responsi-
bility is vested in the clerk of the District
Court, who performs all duties and responsibilities
that would have been performed by the circuit
clerk.
The clerk of a District Court is appointed
by the Administrative Director of Courts, with the
advice and content of the presiding judge of the
Circuit Court and a majority of the district
judges.
The clerk may be removed for cause by the
Administrative Director and is not subject to the
state merit system except for pay purposes.
(Code SS12-17-160, 12-17-161; Administrative
Director of Courts]
4.6.1 Rule-making.
Reference Sections 1.6 and 3.6
4.1.2 PROBATE COURT.
The Probate Court sits in
continuous session.
(Code S12-13-31
4.2.2 Orsanization.
There is a Probate Court in
each county.
There are no specialized divisions
of the court.
(Const., Amend. No. 328, 16.06)
4.3.2 Jurisdiction.
a.
The Probate Court has original and general
jurisdiction over all probate matters, including
the probate of wills, the settlement of accounts
of executors and administrators, the appointment
and removal of guardians, the partition of lands,
name changes, etc.
b. The Probate Court has no appellate jurisdic-
tion.
(Code SS12-13-11
4.4.2 Judges (67)
a. The Probate Court does not have presiding
judges.
b. Probate Court judges must be citizens of the
state and must have been residents of their coun-
ties for at least
I year.
c. Probate Court judges are elected to 6-year
terms by the voters of their counties.
(Const., Amend. No. 328, SS6.13, 6.15, 'Code
SS12-13-30, 12-13-311
4.5.2 Administration
a. There are no provisions for presiding judges
for the Probate Court.
b. There are no provisions for administrators
for the Probate Court.
Reference Section 5.2.b
(state-level administrator).
c. A Probate Court judge has authority to ap-
point at his own expense a chief clerk and such
other clerks as he deems necessary.
In practice,
thelq,erk designates District Court magistrates
within his office and attends sessions o
court as
required.
He is responsible for indexin
files,
issuing all processes and notices as req ired,
keeping records of court as required.by
aw, safe-
ly keeping or disposing of all papers fi ed before
1: I
th court, managing jurors, preparing annual bud-
gets for his office, designating approved state
depositaries, remitting fines and forfeitures,
preparing appeals transcripts, and acting as local
purchasing agent.
There are no formal provisions
r
for
ssigning administrative duties to the clerk.
A
1Code 112-13-40; Administrative Director of
Courts]
4.6.2 Rule-making.
Reference Sections 1.6 and 3.6.
4.1.3 MUNICIPAL COURT.
In practice, each court
sits in continuous session at the pleasure of the
appointed judge of the court.
[Administrative Director of Courts]
4.2.3 Oraanization.
A Municipal Court is estab-
lished in each municipality in the state except
those that choose not to have such courts by ordi-
nance.
There are no specialized divisions of the
court.
(Const., Amend. No. 328, 16.065; Code 112-14-1)
4.3.3-Jurisdiction
a. The Municipal Court has jurisdiction
in all
prosecutions for violations of municipal ordinan-
ces.
It also has jurisdiction concurrent with the
District Court in all violations of state law that
are committed within the police
jurisdiction of the
municipality and that may be prosecuted as breaches
of municipal ordinances.
4
b. The Municipal Court has no appellate juris-
diction.
IConst., Amend. No. 328, 16.065; Code 412-14-1)
4.4.3 Judges (approximately 215).
$
a. The number of municipal
judges is locally
determined.
If a municipality has more than one
judge, the mayor designates a presiding judge.
b. Mnnicipal Court judges must be licensed to
practice law in the state and must be qualified
voters of the state.
c. The governing body of the municipality ap-
points Municipal judges by majority vote of its
members.
Full-time judges serve 4-year terms;
part-time judges serve 2-year terms.
[Const., Amend. No. 328, 16.065; Code 112-14-
30)
4.5.3 Administration
a. A presiding judge of a Municipal Court has
such additional duties and powers as provided by
ordinance.
b. There are no provisions for administrators
of the Municipal Court.
Reference Section 5.2.b
(state-level administrator).
c. The municipality must provide necessary
support personnel for the Municipal Court and may
provide for clerks.
There are no statutory provi-
ions for assigning administrative duties to the
clerks.
They have responsibilities as determined
by their respective courts.
(Code 1112-14-2, 12-14-30)
4.6.3 Rule-makinik.
Reference Sections 1.6 and 3.6.
State-Level Administration
5.1 General administrative authority.
The consti-
tution provides that the Supreme Court has general
supervision and control over the tate courts.
It
further provides that the Chief Justice is the ad-
inistrative head of the judicial Aystem.
The'
Chief Justice must see th t
courts is attended with
cases are not permitted
delayed, and he must see
remain in jail without a
siness of the
atch and that
congested tor
soners do not
ial.
The con-
stitution provides that the Chief Justice must
appoint an Administrative Director of Courts and
other needed personnel to assist him with his
administrative tasks.
Appellate justices and
judges may be assignel,to any appellate court for
temporary service, and trial judges, supernumerary
justices and judges, and retired judges may be
assigned to any court for temporary service.
(Const., Amend. No. 328, 116.02, 6.10; Code
f12-2-301
5.2_Administrative Office of Courts
a. The Administrative Office of Courts
is
created by law.
b. Administrative Director of Courts
(1) The position of Administrative Director
is authorized by the constitution.
(2) There are no statutory qualifications
for the Administrative Director of Courts.
In
practice, he is expected to have a college degree
and extensive management experience and/or a degree
in public administration or management.
The Admin-
istrative Director is appointed by the Chief Jus-
tice.
(3) The Administrative Director assists the
Chief Justice in connection with his duties as ad-
ministrative head of the judicial system.
He sup-
ports the Chief Justice in seeing that the
business
of the courts is attended with proper dispatch,
that the dockets are not permitted to become co
gested, and that trials and appeals are not de-
layed unreasonably.
He is also authorized to
direct the expenditure of funds to accounts for the
judicial education of justices, judges, or court
supportive personnel.
In addition, he is respon-
sible for the coordination of functions and duties
of administrative personnel of the trial courts or
of the local court personnel systems and for the
transfer and direction of expenditure of monies
appropriated to certain state agencies and courts.
The Administrative Director serves as ex officio
head of the Department of Court Management (refer-
ence Section 5.2.c below).
c. Office organization.
All officials, of-
ficers, and employees of the Administrative Office
of Courts are appointed and employed by the Chief
Justice.
The office consists of 81 people:
40
professionals (including the Administrative Di-
rector of Courts) and 41 clerical personnel.
With-
in the administrative office is a department known
as the Department of Court Management.
This de-
partment is specifically charged with the duty of
assisting the Chief Justice in connection with his
duties as chief administrative officer of all the
trial courts in the state.
Unless the Chief Jus-
tice otherwise directs, the department is respon-
sible for trial court administration.
The administrative office performs the fol-
lowing duties:
(1) It works with the clerks and registers
of all trial courts in the state to collect, ob-
tain, compile, and digest information and statis-
tics concerning the administration of justice in
the state.
(2) It serves as an agency to apply for and
receive grants or other assistance and to coordi-
nate and conduct studies and projects in connec-
tion with the improvement of the administration of
justice and,trial courts in Alabama.
(3) It assists the Judicial Conference (ref-
erence Table 29:
Judicial councils and confer-
ences).
Figure 2:
Alabama state-level administrative office of the courts, 1980
.000
Director
Alabama
Judicial
Administrative
Permanent
Director
mio
=1
Study
f Courts
Commission
Legal
Counsel
Administrative
Assistant
Budget
Officer
Director
Director
Director
Director
Trial Gansu
Operations
leseerch,
rimming, end
Operations
Adninistrativp
Services
Development
Assistant
Director
Operations
Came
Jury
Court Office
Municipal
Field
Purchasing
'Expense
Personnel
Menagettest
&
nagement
Minagement
Court.
Operations
Division
Accountlog
Division
Divisive
Divisios
Division
Division
Division
Division
V
Infornstion
Systeme
Division
(4) It promotes, carries on, and assists the
continui
gal and judicial education of jus-
tic
udges, clerks, registers and other court
rsonnel and works with any organization or asso-
-
ciation of such officials.
(5) It performs other duties as may be as-
signed by the Chief Justice.
(Const. Amend. No. 328, S6.10; Code iS12-2-30,
12-5-1, 12-5-2, 12-5-3, 12-5-6, 12-5-8, 12-5-9,
12-5-11, 12-5-13, 12-5-39; Assistant Director,
Administrative Office; Administrative Director
of Courts]
Quasi-Judicial Officers
6.1.1 CIRCUIT AND DISTRICT COURTS
6.2.1 Referee
a. District Cour, judges may appoint, with the
approval of the Administrative Director of Courts,
referees to serve on a full-time or part-time basis
in connection with juvenile cases.
Referees must
be licensed to practice law in Alabama, with the
exception of those who had been dearving as referees
for 10 or more years on January 16, 1977.
b. Juvenile hearings may be conducted by a ref-
eree if the judge so directs.
Upon conclusion of
a hearing, the referee must transmit his findings
and recommendations for disposition to the judge.
Written notice is also given to the parties, who
have the right to a rehearing before the judge.
If a hearing before the judge is not requested or
ordered, the findings and recommendations of the
referee, if confirmed by an order of the judge or
as modified by the judge, become the decree of the
court.
[Code S112-15-6, 12-17-330]
6.1.2 DISTRICT AND MUNICIPAL COURTS
6.2.2 Magistrate
a. An administrative agency is established in
Alabama called the Magistrates Agency, and is di-
vided into two divisions, the District Court Mag-
istrates Agency Division end the Mulhicipal Court
Magistrates Agency Division.
The District Court
Magistrates Agency Division includes the following:
all clerks of state trial courts and their desig-
nees within office; all persons serving as full-
time magistrates or warrant clerks on September 1,
1976; and all persons appointed to serve as magii-
trates by the Administrative Director of Courts,
upon recommendation by the judge or judges and the
clerk of the District Court.
The division also
includes any judge of a court of limited jurisdic-
tion in any county (municipal judges excluded)
whose judgeship has been abolished by Amendment 328
prior to the expiration of his term who elects to
automatically become a magistrate for the duration
of his unexpired term as a judge,.
The Municipal Court Magistrates Agency
Division is composed of the following:
all clerks
of Municipal Courts and any persons within the
clerks' offices designated by the Administrative
4
-Li., "
I
Director of Courts, upon recommendation of the
clerks; and all persons appointed by the adminis-
trative director, upon recommendation by municipal
udges.
b. The powers of magistrates are limited to:
(a) issuance of arrest warrents (and in the Dis-
trict Court only, setting of bail under the direc-
tion of the court and, where the magistrate is li-
censed to practice law in Alabama, issuance of
search warrants); (b) grant,ing of bail under the
direction of the court in minor misdemeanor prose-
cutions; and (c) receiving of guilty pleas in minor
misdemeanors where a schedule of fines has been
prescribed by rules.
[Code S12-14-50 to 112-14-52; S12-17-250 to
i12-17-253; A.R.J.A., Rule 18]
Judicial Discipline
7.1.1 Judicial Inquiry Commission.
The commission
consists of seven members:
one appellate justice
or judge appointed by the Supreme Court, two cir-
cuit judges appointed by the Circuit Judges' As-
sociation, two nonlawyers appointed by the Gover-
nor, and two members of the bar appointed by the
governing body of the Alabama State Bar.
[Const., Amend. No. 328, 16.17]
7.2.1 Authority and procedure_f_op.413-Ction.
The
Supreme Court adopts rules governing the procedures
of the commission.
The commission is convened per-
manently with authority to conduct investigations
and receive or initiate complaints concerning any
judge in the state.
The commission files a com-
.plaint'with the Court of the Judiciary (reference
Section 7.1.2 below) if a majority of the members
decide that a reasonable basis exists (1) to charge
a judge with violation of any canon of judicial
ethics, misconduct in office, or failure to perform
his duties; or (2) to charge that the judge is
physically or mentally unable to perform his
duties.
All proceedings are confidential except
the filing of a complaint with the Court of the
Judiciary.
The commission, which has subpoena
power, prosecutes the complaints.
IConst., Amend. No. 328, S6.17]
7.1.2 Court of the Judiciary.
The court consists
of one appellate judge, selected by the Supreme
Court, who serves as chief judge of the Court of
the Judiciary; two circuit judges, selected by the
Circuit Judges
Association; and two members of the
state bar, selected by the governing body of the
Alabama State Bar.
[Const., Amend. No. 328, S6.18]
7.2.2 Authority and procedure for sanction.
The
Supreme court adopts rules governing the procedures
of the Court of the Judiciary.
The court is con-
vened to hear complaints filed by the Judicial In-
quiry Commission and has power to issue subpoenas.
A judge aggrieved by a decision of the court may
appeal to the Supreme Court, which will review the
record of the proceedings on the law and the facts.
(Const., Amend. No. 328, 56.181
140
ALASKA
Court of LT Resort
1.1 SUPREME COURT.
Terms are held in Juneau,
Anchorage, and Fairbanks, and at such other places
as may be required, as ordered by the court.
The
court holds sessions on dates fixed by court rule.
[Alaska Statutes (hereinafter A.S.) Section
22.05.030; Rules of Court, Administrative Rule
18(a)]
1.2 Organization.
The Supreme Court does not sit
in panels or divisions.
[Administrative Director of the Courts]
1.3 Jurisdiction
a. The Supreme Court may issue
injunctions,
writs, and all other processes necessary for the
complete exercise of its jurisdiction.
b. The Supreme Court has final appellate juris-
diction in all actions and proceedings.
Appeal to
the Supreme Court is a matter of right only in
those actions and proceedings from which there is
no right of appeal to the Court of Appeals
(ref-
erence Section 2.3).
A decision of the Superior
Court on an appeal from an administrative agency
decision may be appealed to the Supreme Court as a
matter of right..
The Supreme Court may in its dis-
cretion review final decision of the Court of Ap-
peals on'application of a party (review by the Su-
preme Court).
The court may also in its discretion
review a final decision of the Superior Court on
an appeal of a civil case commenced in the District
Court.
[A.S. 1122.05.010, 22.07.020, 22.07.0301
1.4 Justices (5)
a. The Chief Justice is selected from among the
justices by a majority vote of the justices and
serves a 3-year term.
A justice may serve more
than one term as Chief Justice, but he may not
serve consecutive terms.
b. Supreme Court justices must be citizens of
the United States and of Alaska, must have been
residents of the state for 5 years immediately pre-
ceding their appointment, must be licensed to prac-
tice law in the state, and must possess any addi-
tional qualifications prescribed by law.
A justice
must have been engaged in the active practice of
law for not less than 8 years immediately preceding
his appointment.
c. The Governor fills any vacancy in the office
of Supreme Court justice by appointing one of two
or more persons nominated by the Judicial Council
(reference Table 12:
Cheracteristics.of judicial
nominating commissions).
Each Supreme Court jus-
tice is subject to approval or rejection in a re-
tention election on a nonpartisan ballot at the
first general election held more than 3 years af-
ter his appointment.
Thereafter, each Supreme
Court justice is subject to approval or rejection
in a like manner every 10th year.
[Constitution, Article IV, Sections 2(6), 44
5, 6; A.S. 122.05.070]
141
1.5 Administration
a. The Chief Justice is the administrative head
of all courts.
The Supreme Court exercises admin-
istration and supervision over the entire court
system through the Administrative Director of the
Courts, presiding judges, rea court administrators
in three judicial districts, and the clerk of the
Second Judicial District.
Reference Section 5.1
(General administrative authority).
The Chief
Justice has no specifically articulated duties with
regard to the administration of the Supreme Court.
b. Reference Section
5.2.b (state-level admin-
istrator).
c. A clerk, who is appointed by and serves at
the pleasure of the Supreme Court, is authorized
by court rule.
There are no formal provisions for
assigning administrative duties to the clerk.
In
practice, the clerk supervises 11 other clerks who
perform duties similar to those of trial court
clerks.
[Const., Art. IV, 116; Rules of Court, Adminis-
trative Rule 27; Administrative Director of the
Courts]
1.6 Rule-making.
The Supreme Court makes and pro-
mulgates rules governing practice and procedure in
criminal and civil cases in all courts.
These
rules may be changed by the legislature by a two-
thirds, vote of the members elected to each house.
The Supreme Court also makes and promulgates rules
governing the administration of all courts.
[Const., Art. IV, 5151
Intermediate Appellate Court
2.1 COURT OF APPEALS.
Terms are held in Anchorage,
and at such other places as may be required, as or-
dered by the court.
The court holds sessions on
dates fixed by court rule.
[Rules of Court, Administrative Rule 18 (a)]
2.2 Organization.
The court sits en banc to decide
all matters.
[Administrative Director of the Courts]
2.3 Jurisdiction.
a. The Court of Appeals may issue injunctions,
writs, and all other process necessary for the com-
plete exercise of its jurisdiction.
b. The Court of Appeals has appellate jurisdic-
tion in actions and proceedings commenced in the
Superior Court involving the following:
criminal
prosecution; postconviction relief; children's
court matters including waiver of children's court
jurisdiction over a minor; extradition; habeas
corpus; probation and parole; and bail.
The court
has jurisdiction to hear appeals of sentences of
imprisonment imposed by the Superior Court on the
grounds that the sentence is excessive or too len-
ient and, in the exercise of this jurisdiction, may
modify the sentence as provided by law and the
-state constitution.
The Court of Appeals also has
jurisdiction to review the following:
(1) a final
1 3 S
4.
Figure 1:
Alaska court system, 1980
SUPRE(E COURT
5 justices
Jurisdiction:
- Final appellate jurisdiction In all actions and proceedings.
- Appeals of right of those actions not appealable as of right
to the Court of Appeal., and from Superior Court decisions on
administrative appeals.
- Discretionary review of question. of law certified by the
Court of Appeals, and ef final decision. of the Superior Court
dealing with civil actions appealed from the Dietrict Court.
H
Criminal appeal is
atter of right
unless appellant
chooess to appeal
to Superior Court.
Then appeal is
discretionary.
1
COURT OF APPIALS
3 judges
Jurisdiction:
- Appeal. from final decisions involving criainaa prosecution,
postconviction relief, extrsdition, habeas corpus, probation,
parole, bail, and children'. court setters.
- Sentence review.
1
SUPERIOR COURT (6)
21 jimiess
Jurisdiction:
- Original jurisdiction in all Civil matters, including probate
and guardianship.
- Original jurisdiction in all criminal setters.
- Juvenile setters.
ApPeals on record unless trial de novo is granted.
Jury trials.
Civi l
and Agency
appeals.
L
DISTRICT COURT (4)
23 judges; 46 part-time megistrates
DISTRICT COURT
MAGISTRATE COURT
(Sigh volume)
(Low volume)
23 judges
46 part-time magistrates
Jurisdiction:
Juriedictions
- Civil action. under $10,000,
and maall claims under
- Smell claim under $2,000.
- Misdemeanors, ordinance
$2,000.
violations, and preliminary
- Misdemeanors, ordinance
hearings.
violations, and preliminary
hearings.
No jury trials.
Six-person jury trials.
_
114
Indicates route of appeal.
1 XI)
IMIIV
MM.
IMMO,
'4
WWI,
Court of
last
resort
Intermediate
appellate
court
Cburt of
general
jurisdiction
Court of
limited
jurisdiction
dcision of the District Court in an action or pro-
ceeding involving criminal prosecution, postconvic-
tion relief, extradition, probation and parole, and
habeas corpus or bail; and (2) the final decision
of the Dititrict Court on
sentence imposed by
it.
An appeal to the Court of Appeal. is
matter
of right in all actions and proceedings within ita
jurisdiction except that (1) the right of appeal
to the Court of Appeals is waived.if an appellant
chooses to appeal the final decision of the
District Court to the Superior Court; and (2) the
state has no right of appesl in criminal cases
except to test the sufficiency of the indictment
or information or to appeal a sentence on the
ground that it is too lenient.
The Court may in
its discretton (1) review m final decision of the
Superior Court on an appeal from
District Court
in an action or in proceedings involving criminal
prosecution, post conviction relief, extradition,
probation and parole, and habeas corpus or bail;
and (2) review the final decision of the Superior
Court on appeal of a sentence imposed by the Dis-
trict Court.
A final decision of the Court of
Appeals is bindtng on the Superior Court and on the
District Court unless superseded by s decision of
the Supreme Court.
(A.S. 322.07.020, 47.10.010(a)(1)]
2.4 Judges (3)
. The Chief Justice designates one judge to
be prestding judge.
A presiding judge holds office
for a term of
1 year and is eligible to succeed
himself thereafter.
b. Court of Appeals judges must meet the same
qualifications as Supreme Court justices.
Refer-
ence Section 1.4.b.
c. The Governor fills any vacancy in the office
of Court of Appeals justice by appointing one or
two or more persons nomtnated by the Judicial Coun-
cil (reference Table 12:
Characteristics of judi-
cial nominating commissions).
Each judge is sub-
ject to approval or rejection in a retention elec-
tion on a nonpartisan.ballot at the first general
electton held more than 3 years after his appoint-
ment.
Thereafter, each judge is subject to approv-
al or rejection in a ltke manner every eight yesrs.
[Const., Art. IV, 15; A.S. 1122.07.060,
22.07.076]
2.5 Administration
a. The presiding judge has administrative au-
thority over the court, to the extent delegated by
the Chief Justice.
b. There is no provision for an administrator
for the Court of Appeals.
Reference Section 5.2.b
(state-level administrator).
c. The clerk of the Supreme Court performs all
admtnistrative duties for the Court of Appeals.
[Admtnistrative Director of the Courts]
2.6 Rule-making.
The Court of, Appeals has no rule-
making authortty.
Reference Section 1.6.
[Admintstrative Director of the Courts]
Court of General Jurisdiction
3.1 SUPERIOR COURT.
The Superior Court holds ses-
sions at times designated by rule or order of the
Supreme Court.
[A.S. 122.10.0501
3.2 Orsanization.
There is one Superior Court for
the state, consisting of four districts defined by
geographic boundaries.
The Superior Court holds
regular sessions in each district at places desig-
nated by rule or order of the Supreme Court.
There
are no specialized divisions of the court.
[A.S.,1122.10.010, 22.10.0501
3.3 Jurisdiction
a. The Superior Court has original jurisdiction
in all criminal and civil matters including but not
limited to probate and guardianship of minors and
incompetents.
The Superior Court exercises juve-
nile jurisdiction in matters involving juvenile
inteke, formal petitions, adjudication and disposi-
tion hearings, and annual review of those institu-
tionalized.
b. The Superior Court has jurisdiction over all
matters appealed to it from a subordinate court or
administrative agency when appeal is provided by
law.
Appeals are a matter of right, but no appeal
may be taken by the defendant in a criminal case
after a plea of guilty, except on the ground that
the sentence was excessive.
The hearings on appeal
from a final order or judgment of a subordinate
court or administrative agency must be on the
record unless the Superior Court grants s trtal de
novo.
[A.S. 122.10.020; Admtnistrative Dtrector of
the Courts]
3.4 Judges (21)
a. There is no provision for a chief judge over
the four districts.
The Chtef Justice destgnates
one judge from each judicial dtstrict to be presid-
ing judge of that district.
A presiding judge
holds office for a term of 1 year and is eltgtble
to succeed himself thereafter.
b. Superior Court judges must have been citi-
zens of the Untted States and of Alaska for at
least 5 years immediately preceding their appoint-
ment, must have been engaged for not less than 5
years in the active practice of law, and at the
time of appointment must be ltcensed to practtce
law in the state.
c. The Governor fills any vacancy on the Supe-
rior Court by appointing one of two or more per-
sons nominated by the Judicial Council (reference
Table 12:
Characteristics of judicial nominating
commissions).
Each Superior Court judge is subject
to approval or rejection on a nonparttsan ballot
at the first general election held more than 3
years after his appointment.
Thereafter, he is
bject to approval or rejectton in like manner
6th year.
[Const., Art. IV, 114, 5, 6; A.S. 1122.10.090,
.10.130; Rules of Court, Admtnistrattve Rule
7(a)]
3.5 Administration.
The Alaaka trial courts ore
adnfinistered through mid-level, multi-court untts
of administration.
The state ts divided tnto four
judicial districts with one division of the Supe-
rior Court and District Court in each.
a. Whereas there is no chief judge over the
four districts, the presiding judge of each judi-
cial district is responsibliefor supervising the
administration of all court units within his dis-
trict.
The presiding judge %ay appoint acting dis-
trict judges as needed, and he appoints the magis-
trates for the District Court of his judicial dis-
trict.
He assigns district judges and magistrates
in his judicial district as to time aiid place to
hold court.
The presiding judge also assigns cases
pending to the judges made available within the
district, supervises the judges and their court
personnel n the carrying out of their official
duties, and expedites and keeps current the
business of the court within the district.
The
presiding judge in any judicial district may assign
any district judge or magistrate within his dis-
trict to serve temporarily in any other judicial
district.
The presiding judge of each judicial
district and the Administrative Director must,
143
1 G()
after consideration of the state of the District
Magistrate Court dockets from time to time, submit
joint recommendations to the Supreme Court as to
methods of improving the administration of justice
in such courts.
In addition, the presiding judge
prescribes when the judges in his district will
take their annual vacations.
b. There is no provision for an administrator
over the four districts.
Area court administrators
are authorized for three of the four judicial
dis-
tricts.
The area court administrators implement
policies and procedures of the Alaska court system;
participate in the formulation and implementation
of local court policies, procedures, and objec-
tives; and direct and coordinate the functions of
local department heads.
c. In the judicial district where the position
of area court administrator has not been authorized
(the Second Judicial District), a clerk is appoint-
ed for that district.
The clerk has responsibility
for the following duties:
(1) Attending sessions of the Superior Court
in his district and waiting upon a judge or judges
of tho court in chambers when required.
(2) Keeping such indexes as will ensure
ready reference to any action or proceeding filed
in the court.
(3) Issuing all process and notices required
to be issued.
(4) Keeping the minutes and maintaining such
other records of the court as are required by the
rules aerthe Administrative Director.
(5) Safely keeping or disposing of, accord-
ing to law or rule of the Supreme Court, all papers
and records filed or deposited in any action or
proceeding before the court.
(6) Performing such duties as are or may be
required of him by the Superior Court and by the
rules of the Supreme Court.
[A.S. 1122.10.010, 22.10.130, 22.15.020,
12.15.170, 22.15.190; Rules of Court, Adminis-
trative Rules 30(a), 30(b), 33(a), 33(b),
33(e), 37(a), 48(a); Alaska Court System,
Class Specification]
3.6 Rule-making.
Reference Section 1.6.
Court of Limited or Special Jurisdiction
4.1 DISTRICT COURT.
The District Court sits in
continuous session.
The presiding judge of th
Superior Court in each judicial district assigns
District Court judges and magistrates in his judi-
cial district as to time to hold court.
[A.S. 122.15.190; Rules of Court, Administra-
tive Rule 33(a)]
4.2 Organization.
There is a District Court in
each of the four judicial districts of the Superior
Court.
The Superior Court presiding judges assign
district judges and magistrates as to the place to
hold court in their respective districts.
The Dis-
trict Court is divided into two typeliof courts,
one presided over by judges, the other, known as
16
Magistrate Court, presided over by magistrates.
[A.S. 1122.15.010, 22.15.190; Rules of Court,
Administrative Rules 33(a)]
4.3 Jurisdiction
a. The civil jurisdiction of the District Court
is limited generally to actions not exceeding
$10,000 and to small claims jurisdiction when the
relief sought does not exceed $2,000.
The District
Court has jurisdiction over misdemeanors and viola-
tions of the ordinance of political subdivisions.
144
1 GI
The jurisdiction of the District Court does not ex-
tend to an action in which the title to real prop-
erty is in question; or an action for false impris-
onment, libel, slander, malicious prosecution,
criminal conversation, seduction upon a promise to
marry, actions of an equitable nature, or actions
in which the state is a defendant.
Magistrate Court has the same criminal juris-
diction but is limited to small claims under $2,000
in civil jurisdiction.
b. The District Court has no appellate juris-
diction.
[A.S. 1122.15.030, 22.15.040, 22.15.050,
22.15.060]
4.4 Judges (23) and magistrates (46).
The number
of district judges and magistrates within each
judicial district is set forth in the statutes, and
may be increased or decreased by rule of the
Supreme Court.
a. Reference Section 3.5.a.
b. District Court judges must be citizens of
the United States and of the state, must be at
least 21 years of age, and must have been Fesidents
of the state for at least 5 years immediately pre-
ceding appointment.
A judge must also have been
engaged for not less than 3 years in the active
practice of law,.and at the time of appointment
must be licensed to practice law in the state.
Magistrates must be citizens of the United
States and of the state, must be at least 21 years
of age, and must have been residents of the state
for at least 6 months immediately preceding ap-
pointment.
c. The Governor must fill a vacancy or appoint
a successor to fill an impending vacancy
in the
office of District Court judge within 45 days after
receiving nominations from the Judicial Council
(reference Table 12:
Characteristics of judicial
nominating commissions) by appointing one of two or
more persons nominated by the council for each ac-
tual or impending vacancy.
Judges face a reten-
tion election 1 year after their appointment.
Thereafter, they are subject to approval or rejec-
tion in like manner every 4 years.
The presiding judge of the Superior Court in
each judicial district appoints the magistrates for
the District Court for the judicial district.
Mag-
istrates serve at the pleasure of the presiding
judges.
[A.S. 1115.35.100, 22.15.020, 22.15.160,
22.15.170; Rules of Court, Administrative,Rile
31; Administrative Director of the Courtel
4.5 Administration
a.
Reference
Section
3.5.a.
b.
Reference
Section 3.5.b.
c. Reference
Section 3.5.c.
4.6 Rule-meboing..
Reference Section 1.6.
State-Level Administration
5.1 General administrative authority.
The Chief
Justice of the Supreme Court is the administrative
head of all courts.
The Chief Justice may assign
judges from one court or division thereof to an-
other for temporary service.
With the approval of
the Supreme Court, he appoints an Administrative
Director to serve at his pleasure and to supervise
the administrative operations of the judicial sys-
tem.
He also designates a presiding judge for each
judicial district.
The Chief Justice may assign a
Superior Court judge and his court personnel for
temporary duty anywhere in the state.
Reference
Section 1.5.a.
Figure 2: Ala a state-level administrative office of the courts, 1980
P. comm.!
Di rector
St a f f
Counel
Secretary
FTeraonnel
achnicin
I
Leave
Clerk
1
Clerk
Pe rsonne I
Ana lyt
I
wviAdminitrat iv.
Di rector
So c retry
Stt
Law
Li bran tan
L_,
Li brrim
11,
Cie r icI
Aid
IMagiNtrt Service*
!Meat rat
Swam
Coordinator
Director of
Legal
Educat ton i
Information
1
Deputy
Director
vwwwww.Lwww 1. vw.1 InvI
Manager of
F. t erhil
Operation*
b Pro }ec t
Li bran in
Library
As. fist nt
I
[As isiist ant
Clerk
1
dal nisi rat ive
Assistant
Asistant
Cleric
wwJwwwww
...wwv
Clericl
Clerical
Aid
Aid
awi
"MI6
ISupply
Officer I
[supply
Clerk
Supply
Of f icer I I
General
He Iper
Printr
1
Manager of
Technicl
Ore rat Iona
Planning b
Grnts
Coordinator
S. cre t cy
Manager of
Fiacl
Opria lone
.11111.1. 11/
Electronic
Engineer
'Elect conic
Technicin
Switchboard
Clerical
Aid
i 0 1)
14...0
4.../
Research
Analyst
IAccounting
Supervi Nor
field
Auditor
Senior
Clerk
I
[
Clerk
i
[
Clerk
I
Clerk
(Const., Art. IV, 116; A.S. 1122.05.150,
22.10.130, 22.10.140)
5.2 Office of the Administrative Director of the
Courts
a. There is no specific authorization for the
Office of the Administrative Director of the
Courts.
b. Administrative Director of the Courts
(I) The Alaska Constitution, Article IV, 116
authorizes the appointment of an Administrative
Director of the Courts.
(2) The Administrative Director is required
to have a college degree and prior experience in
court administration; a law degree is desirable.
The Administrative Director is appointed by the
Chief Justice with the approval of the Supreme
Court.
(3) Under the supervision and direction of
the Chief Justice of the Supreme Court, the Admin-
istrative Director of the Courts has the following
duties and responsibilities:
(a) Supervises the administrative oper-
ation of the judicial system.
(b) Establishes the administrative
methods and systems to be employed in the offices
of the clerks and other officers of the courts.
(c) Periodically inspects and examines
the administrative methods and'systems in use and
makes recommendations to the Chief Justice for the
improvement of such administrative methods and
systems.
(d) Examines the state bf the dockets
of all courts, and determines the need for sss i s
tance by any court.
He confers with the Superior
Court judges on the status of their calendars and
administrative matters at the request of the Chief
Justice.
(
) Makes recommendations to the Chief
Justice rel
ing to the assignment or reassignment
of judges yVere courts are in need of assistance
and carr,iI, out the directions of the Chief Justice
as to t
e assignment of judges within or to other
judici
1 districts where the courts are in need of
sss i s ta ce.
(f) Collects and compiles statistical
'
and oth r data pertaining to caseload and transmits
copie
of the same to the Supreme Court and the
Judi ial Council to the end that proper action may
be t ken in respect thereto.
(g) Prepares and submits budget esti-
mates of state appropriations necessary
for the
mainte ance and operation of the judicial system
and mak s recommendations with respect thereto.
(h) Draws all requisitions requiring
the payment of state monies appropriated for the
maintenance and operation of the judicial system.
(i) Collects statistical and other data
and makes reports relating to the expenditure of
publtc montes, state and local, for the maintenance
and operation of the judicial ystem and the
offices connected therewith.
(j) Obtains reports from clerks of
court in accordance with the requirements of the
Supreme Court on cases and other judicial business
in which action has been delayed beyond periods of
time specified by law or rules of court and makes
report thereof to the Chief Justice, the
Supsieme
Court, and the Judicial Council.
(k) Acts as secretary of the Judicial
Council and performs such other duties as may be
assigned by the Supreme Court and the Chief Jus-
tice.
- 3
146
(I) Formulates and submits to the Chief
Justice, the Suprene Court, and the Judicial Coun-
cil recommendations of policies for the improvement
of the judicial systems.
(m) Serves as legal advisor for the
Chief Justice and the Supreme Court in all legal
matters not adjudicatory in nature:
(0 Prepares memoranda on tatutes
which may affect the judiciary.
(ii) Drafts of rules of practice
and procedure.
(iti) Conducts and supervises re-
search on procedure and court administration.
(iv) Instructs court personnel
concerning rules or statutes governing ministerial
and other nonadjudicatory duties.
(v) P
are, a syllabus for the
basic legal instruction o
magistrates and other
lay personnel.
(vi) Anno
tee and edits revisions
and supplements to the Alaska Rules of Court
Procedure.
(vii) Renders legal opinions in any
nonadjudicatory matter as he may be directed from
time to time by the Chief Justice.
(n) Attends to such other matters as
may be assigned by the Chief Justice.
c. Office organization.
The Office of the
Administrative Director of the Courts consists of
59 people:
19 professionals (including the Admin-
istrative Director of the Courts) and 40 clerical
personnel.
The professional staff provides support
services in the following areas:
computer opera-
tions and data entry; facilities management and
jury management; accounting,
auditing, and purchas-
ing; education, training, and library services;
personnel systems and office management; legisla-
tive liaison; and planning and research activities,
which include statistical compilation, research,
and statistical analysis.
(Const., Art. IV, /16; A.S. /22.05.150; Rules
of Court, Administrative Rule 1; Administrative
Director of the Courts)
Quasi-Judicial Officers
6.1 SUPERIOR COURT
6.2 Master
a. Masters are appointed by the
)(Ages of the
Superior Court or by the Administratil/e Director
of Courts.
In practice, masters are lawyers.
b. Master. have no authority to issue orders;
however, they do make findings and recommendations
to the Superior Court judge for his disposition.
Judicial Discipline
7.1 Commission on Judicial Qualifications.
The
commission conaists of nine members as follows:
one justice of the Supreme Court, elected by the
justices of that court; three judges of the Supe-
rior Court, elected by the judges of that court;
one judge of the District Court, elected
by the
judges of that court; two members who have prac-
ticed law in Alaska for 10 years, appointed by the
governing body of the organized bar; and two citi-
zens who are not judges,
retired judges, or members
of the state bar, appointed by the Governor and
subject to confirmation by a majority of the mem-
bers of the legislature in joint ession.
[Const., Art. IV, 110; A.S. 122.30.010]
7.2 Authority and procedure for sanction.
The com-
mission makes rule. implemebting the laws regarding
judicial discipline, including disquAlificatOn,
suspension, removal, retirement, and Censure of
judges, and providing for confidentiality of its
proceedings.
On recomimendation of the commission
or on its own motion, the Supreme Court may die-
4
qualify, suspend from office, retire for disabil-
ity, or censure or remove a judge for action that
constitutes willful and persistent failure to per-
form his duties, habitual intemperance, or conduct
prejudicial to the administration of justice that,
brings the judicial office into disrepute.
[A.S. 1122.30.060, 22.30.0701
41.
41.
Figure 1:
Arizona court system, 1980
Death penalty
end life
imprisonment
matters.
mum COURT
5 Justices
Jurisdiction:
Original and exclusive Jurisdiction in
cases between counties.
- Appellate Jurisdiction in all actions in
the etate's court system except those
arising in Justice and Police Courts.
COURT OF APPEALS (2)
12 Judges
Jurisdiction:
- All actions and proceedings originating
in or permitted by law to be appealed from
the Superior Court.
SUPERIOR COURT (14)
80 Judges
Jurisdiction:
- Original Jurisdiction in civil action'.
over $500.
Exclusive probate and domestic
relations Jurisdiction.
- Original Jurisdiction in felony and mia-
demeanor matters.
- Exclusive Jurisdiction in Juvenile
matters.
Appeals de novo.
Jury trials.
JUSTICE or THE PEACE COURT (84)
84 Judges
Jurisdiction:
Civil actions under $2.500.
- Preliminary hearings, misde-
meanors and criminal offenses
with fine less than $1,000 or
sentence under 6 months.
Jury trials.
ItIndicates route of appeal.
4
CITY MAGISTRATE COURT (74)
94 magistrates
Jurisdiction:
- Misdemeanors and criminal
offenses with fine less than
$300 or sentence under
6 months.
Jury trials.
148
411
Court of
lest
resort
Intermediate
appellate
court
Court of
general
Jurisdiction
Courts of
limited
Jurisdiction
ARIZONA
Court of Last Resort
1.1 SUPREME COURT.
The court sits in the capital
city of Phoenix.
It is open for business every
day, Monday through Friday, from 8:00 a.m. to
5:00
p.m.
[Constitution, Article VI, Section 2; Arizona
Revised Statutes (hereinafter A.R.S.) Section
12-105; Administrative Office of the Courts]
1.2 Organization.
The court sits in accordance
with rules adopted by it, either en banc or in
divisions of not less than three justices.
The
court cannot declare any law unconstitutional
except when sitting en banc.
[Const., Art. VI, Section 2]
1.3 Jurisdiction
a. The Supreme Court has original and
exclusive
jurisdiction to hear and determine causes between
counties concerning disputed boundaries and surveys
thereof or concerning claims of one county against
another.
It also has original jurisdiction in
extraordinary writs to state officers and the power
to issue injunctions and writs necessary and proper
to the complete exercise of its appellate and
revisory jurisdiction.
b. The Supreme Court has appellatejurisdiction
in all actions and proceedings, except those origi-
nating in courts not of record, unless the action
involves the validity of a tax, impost, assessment,
toll, statute, or municipal ordinance.
Direct
appeal to the Supreme Court is permitted in those
cases where the judgment imposed
consists of either
death or life imprisonment.
[Consr., Art. VI, 15; A.R.S. 112-120.21]
1.4 Justices (5)
a. The Chief Justice of the Arizona
Supreme
Court is elected to a 5-year term by his peers.
b. Supreme Court justices must be persons of
good moral character, must be admitted to the
practice of law in the state, and must have been
residents of the state for a minimum of 10 years.
c. Supreme Court justices are
appointed by the
Governor from a list of at least three qualified
candidates, submitted by the Commission on Appel-
late Court Appointments (reference Table 12:
Char-
acteristics of judicial nominating commissions).
The normal term of office is 6 years; however,
after initial appointment by the Governor, justices
serve 2-year terms and are then subject to a
retention vote at the first general election.
[Const., Art. VI, 113, 4, 6, 37]
1.5 Administration-
a. The Chief Justice exercises the
Supreme
Court's administrative supervision over all courts
of the state.
This is accomplished through the
Administrative Director of the Courts, chief
judges, presiding judges, and trial court adminis-
cestors.
Reference Section 5.1 (General adminis-
trative authority).
The Chief Justice has no
149
specifically articulated duties with regard to the
administration of the Supreme Court.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The position of clerk is authorized by the
state constitution.
The clerk is appointed by and
serves at the pleasure of the Supreme Court.
iThe
clerk attends sessions of the court and is respon-
sible for issuing the writs and processes of the
court.
He is also responsible for the following:
maintaining books of record; entering all orders,
judgments, and decrees; furnishing certified copies
of court records as requested and required; and
microfilming and destroying records as provided by
law.
The clerk may appoint deputies to assist him.
[Const, Art. VI, 113,
7; A.R.S. 112-201 to
112-203]
1.6 Rule-making.
The Supreme Court has the power
to make rules relative to all procedural matters
in any court.
The court also has administrative
supervision over all courts of the state.
[Const., Art. VI, 113, 5]
Intermediate Appellate Court
2.1 COURT OF APPEALS.
The court is divided into
,wo divisions, one of which sits in Phoenix and the
other in Tucson.
The court sits in continuous
session.
[A.R.S. 11121120, 12-120.6]
2.2 Organization.
Two divisions of the Court of
Appeals exist; each encompasses 7 of the state's
14 counties.
The First Division has 9 judges,
sitting in 3 departments (panels) of 3 judges each.
The Second Division has only 3 judges and no
departments.
Sessions of Divisions 1 and 2 are
held in Phoenix and Tucson, respectively; however,
they may be held in other locations if the majority
of the judges of a division or department decides
that the public interest so requires.
Court of
Appeals decisions are rendered by panels, composed
of no more than three judges of the court.
[A:R.S. 112-120]
2.3 Jurisdiction
a. The Court of Appeals has jurisdiction to
issue writs of certiorari to,review the lawfulness
of awards of the Industrial Commission and to enter
judgments affirming or setting aside the awards.
It also has jurisdiction to issue injunctions and
writs necessary and proper to the complete exercise
of itsappellate jurisdiction.
41'"The Court of Appeals has jurisdiction in all
actions and proceedings originating in or permit-
ted by law to be appealed from the Superior Court,
except criminal actions involving crimes for which
a sentence of death or life imprisonment has ac-
tually been imposed.
[A.R.S. 112-120.21].
P r
2.4 Judles '(12)
a. The 4court of Appeals has 2 chief judges; one
presides ove ach of the 2 divisions.
Each is
elected for
1-year term by the judges of his di-
\
vision.
b. Court df Appeals judges must be at least 30
years old and Must be of good moral character.
They must have peen residents of the state and must
have been admitted to the bar of the state for at
least 5 years.
ey must be qualified voters of
their counties a
must have been residents thereof
for at least 3 ye rs.
c. Court of A.
ale judges are selected in the
ame manner as Sup eme Court Justices.
Reference
Section 1.4.c.
The normal term of office is 6
years; however, aft r initial appointment by the
Governor, the judges serve 2-year term. and are
then subject to a re
ntion vote at the first gen-
eral election.
(A.R.S. SS12-120.
,
12-120.04]
2.5 Administration
a. The chief judge
exercise administrative
supervision over their
spective divisions and
perform other duties as
rescribed by the Supreme
Court.
They apportion t e business in such a man-
ner as to equalize caselo
in the subordinate
departments.
They also a sign judges to the
departments and ray period cally rotate them.
b. There is no provisi n for an administrator
for the Court of Appeals.
ference Section 5.2.b
(state-level administrator).
c. A clerk is authorized for each division
and
is appointed and serves at t
pleasure of the
chief judge of the division.
The clerks are
responsible for the following:
issuing writs and
processes of the court; mainta
ing ooks of
record and making entries as pr vided for by law;
furnishing certified copies of s ch records, as
requested and required; and main
ining the court's
sea1.
(A.1.S. SS12-120.04, 12-120.0
12-120.07,
12-120.09]
2.6 Rule-making.
Procedures in app ale and other
matters before the Court of Appeals
re the same
as those of the Supreme Court.
Refer nce Section
1.6.
Supreme Court Rules 47 and 48 a ly specifi-
cally to the Court of Appeals.
(17A A.R.S. Supreme Court Rule. 1-2
,
47-481.
Court of General Jurisdiction
3.1 SUPERIOR COURT.
The court sits,p continuous
session.
[Administrative Director of the Courts]
3.2 Organization.
Each of Arizona's 14 counties
has a Superior Court.
Sessions are held at th'
county seats.
If public interest so requires a
facilities are available, the Superior Court jud
may hold court in other locations.
Each county ha
at last one Superior Court judge.
Additional
judges may be authorized by law, but not to exceed
\
one judge for each 30,000 inhabitagtm or majority
fraction thereof.
Additional judgeships are
obtained by the county's Board of Supervisors pre-
senting a petition to the Governor.
In countiei
having more than one Superior Court judge, a spe-
cialized Juvenile Court is established.
Superior
Court judges in those counties designate annually
one or more of their number to Preside over the
Juvenile Court.
Local rules may in ome cases
establish specialized probate or other divisions,
or cases may be assigned to particular judges
based
on the nature of the cases.
150-
(Const., Art. VI, S10; A.R.S. 558-202, 12-121,
12-130]
3.3 Jurisdiction
a. The Superior Court has original jurisdiction
in the following:
(1) Criminal cases amounting to felony, and
cases of misdemeanor not otherwise provided for by
law, to include concurrent jurisdiction with jus-
tices of the peace in misdemeanors where the pen-
alty does not exceed31,000 or 6 months of
imprisonment.
(2) Cases and proceedings in which exclusive
jurisdiction is not vested by law in another court.
(3) Cases of equity and at law that involve
the title to or possession of real property, or the
legality of any tax, impost, assessment, toll, or
municipal ordinance.
(4) Other cases in which the demand or value
of property in controversy amounts to $1,000 or
more.
(5) Actions of forcible entry and detainer.
(6) Proceedings in insolvency.
(7) Actions to prevent or abate nuisance.
(8) Matters of probate, divorce, annulment,
and naturalization.
(9) Exclusive jurisdiction in all matters
affecting dependent, neglected, incorrigible, or
delinquent children under the age of 18.
b. The Superior Court has appellate jurisdic-
tion over matters arising in Justice or City
Magistrates Courts.
[Const., Art. VI, 5514, 16; A.R.S. 512-123]
3.4 Judges (80)
a. There is no provision for a chief judge over
all the counties.
Presiding judges, appointed by
the Supreme Court, serve the individual courts for
the remainder of their terms of 4 years.
If more
than one judge hears cases in the Juvenile Court,
a presiding judge is designated by the Superior
Court judges of the county.
b. Superior Court judges must be at least 30
years old, must be of good moral character, must
have been admitted to the practice of law in the
state, and must have been residents of-the state
for 5 years.
c. In each county with a population of 150,000
or more (Maricopa and Pima), a nonpartisan Commis-
ion on Trial Court Appointments (refetence Table
12:
Characteristics of judicial nominating com-
miasions) is established.
When a vacancy occurs
or a new judgeship is created, the Governor
appoints a judge from a list of no less than 3
candidates submitted by the Commission.
In
counties with a population of less than 150,000,
judges are elected
by the voters at the general election.
Counties
with less than 150,000 can change from the popular
election of judge to the commission and appointment
system at any time by a majority of the county's
popular vote.
The regular term of a Superior Court
jUdge is 4 years.
Those judges appointed by the
Governor serve initial terms of 2 years and are
then su,bject to a retention vote at the first gen-
atal election thereafter.
If retained by the
vd
'
ters
they then serve full 4-year terms.
\
(Const., Art. VI, 5511, 12, 22, 36, 37, 40;
58-202; Administrative Director of the
Courts]
3.5
inistration
a
ereas there is no provision for a chief
judge ov r all the counties, the presiding judges
of the individual courts exercise general adminis-
trative supervision over the courts, judges, and
nonjudicial personnel.
They make regular and
1 f'
special assignments of all judges in accordance
with the statutes and/or as directed by the Chief
Justice.
They prescribe the powers and duties of
the clerks In addition to those prescribed by law
and the Supreme Court.
They promulgate such local
rules as a majority of the judges approve or as the
Supreme Court may direct.
b. There is no provision for an administrator
over all the counties.
Individual Superior Court
administrators are authorized by court rule.
At
present, only two counties (Maricopa and Pima) have
court administrators.
The administrators, under
the direction of the presiding judges, perform the
following duties:
(1) Compile and maintain records and statis-
tics of pending cases and other court business.
(2) Assign all motions, pretrials, trials,
and other matters for disposition, and maintain and
publish all arraignments and calendars.
(3) Advisecghe parties of the status of the
various calendars.
(4) Coordinate with the court clerks to
accomplish the prompt and orderly disposition of
court business.
(5) Act as a court commissioner, tf desig7
nated by the presiding judge.
(6) Prepare the court budget.
(7) Make suitable courtroom and personnel
arrangements for visiting judges.
(8) Supprvise thp office of the court admin-
istrator and its personnel.
c. The Superior Court clerk is a constitutional
position.
The clerks are elected by the voters of
their respective counties at the general election
and hold office for 4 years.
The clerks maintain
their offices at the county seats and are respon-
sible for taking charge of and safely keeping and
disposing of all books, papers, and records that
are filed and deposited in their offices.
They
also attend each session of the court and are re-
sponiible for keeping a list of fees charged in
each action.
The clerks may appoint chief deputies
to :Assist them.
Super4or Court clerks erve only
the courts and do not perform the usual county
clerk functions.
Those functions are performed by
the county recorders.
[Const., Art. VI, i23; A.R.S. 1§11-419, 11-552,
11-553, 17A A.R.S. Uniform Rules of Practice
of the Superior Court of Arizona, Rules 1, 2;
Arizona Court Roster.]
3.6 Rule-making.
The Superior Court of each county
,-may make or amend its own Rules of Criminal Proce-
dure; however, Supreme Court approval is required
prior to promulgation.
The Superlir Court may also
make or amend its own rules of civil procedure,
provided they are consistent with the tatewide
Rules of Civil Procedure.
[17 A.R.S. Rules of Criminal Procedure, Rule
36; 16 A.R.S. Rules of Civil Procedure, Rule
831
Courts of Limited or Special Jurisdiction
4.1.1 JUSTICE OF THE PEACE COURT.
The Justice of
the Peace Court sits in continuous session.
[Administrative Director c4 the Courts]
4.2.1 Orpnization.
The Board of Supervisors in
each county divides the county into justice pre-
cincts.
Only one justice sits in each precinct,
and there are no specialized divisions of the
court.
[A.R.S. $22-101)
151
4.3.1 Jurisdiction
a. The Justice of the Peace Court has juris-
diction in the following criminal matters:
(1) Pr:liminary hearings lin felony cases.
(2) Misdemearmits and criminal offenses pun-
ishable by a fine not exceeding $1,000 or imprison-
ment not exceeding 6 months or both.
(3) Assault and battery, unless committed
upon a public officer in the discharge of his du-
ties or If the act's
ent constitutes a felony
under the law.
(4) Petty theft
(5) Breaches of the peace, routs, affrays;
and willful injuries to property.
Justices of the peace have original juris-
diction in civil cases Involving amounts under
$2,500 and concurrent jurisdiction with the Supe-
rior Court in cases involving amounts between $500
and $2,499.
Justices have jurisdiction concurrent
with the Superior Court in cases of forcible entry
and detainer when the rental value of the property
involved does not exceed $500 per month and where
damages are less than $1,000.
justices have juria-
diction to try the right to pAsessiOn of real
property when the title thereto or the ownership
thereof is not a subject of inquiry in the action.
If title or ownershtp becomes an tssue, the case
is traneferred to the Superior Court.
The issue
is not allowed to be raised in actions between
landlord and tenant for possession of leased prem-
ises.
btpThe Justice of the Peace Court has no
appellate jurisdiction.
[A.R.S. Si22-201, 22-301, Administrative
Director of the Courts)
4.4.1 Judges (84)
a. Only the Justice of the Peace Court of
Tucson has a presiding judge, who is appointed for
the remainder of his 4-year term by the presiding
judge of the Superior Court of Pima County.
b. 'Qualifications for county office also apply
to justices of the peace.
They require a person
to be 18 years of age or over, a resident of the
state, a voter of the county or precinct, and able
to read and write the English language.
c. Justices of the peace are elected by the
voters of the precincts and serve 4-year terms.
[A.R.S.
22-102, 22-111; Administra-
ttve Director of the Courts]
4.5.1 Administration
a. The position of presiding judge exists only
in Tucson where four precincts have been consoli-
dated and a presiding judge has been elected.
The
presiding judge of the four precincts exercises
general administrative supervision and coordination
over the court, judges, and nonjudicial personnel.
The presiding judge also provides liaison between
the Justice of the Peace Court of Tucson and the
presiding judge of the Superior Court of Pima
County.
b. Only the cogsolidated four precincts of
Tucson have a court administrator.
The Superior
Covt administrator for Pima County serves as the
court administrator for the Justice of the Peace
Court of Tucson.
Reference Section 3.5.b.
c. There are no statutory provisions for the
position of clerk of the Justice of the Peace
Court.
Same justices hire a clerk and some serve
as their own clerk.
A constable is elected in
each precinct, with thr duties of Assisting the
justice of the peace by serving warrants and
summonses, and collecting bail.
cj
[National Survey of Court Organization, p. 95;
Administrative Director of the Courts]
4.6.1 Rule-making.- Reference Section 1.6.
4.1.2 CITY MAGISTRATE COURT.
(sometimes referred
to as Police or Municipal Court)
The City Magis-
trate Court sits in continuous session.
[Administrative Director of the Courts]
4.2.2 Organization.
A City Magistrate Court is
established in cities and towns incorporated
under
the general laws of the state.
There are no spe-
cialized divisions of the court.
[A.R.S. S22-402; Administrative Director of the
Courts]
4.3.2 Jurisdiction
a. The City Magistrate Court has
jurisdiction
over all cases arising under
aunkcipal ordinances
and also concurrent jurisdiction with justices of
the peace over state law violations committed with-
in the city limits.
b. The City Magistrate Court has no. appellate
jurisdiction.
[A.R.S. S22-4021
4.4.2 Judges (94)
a.
stablishment of the position of presiding
judge i
at local discretion.
b. Cty Magistrate Court judges must
be quali-
fied vot
s of their cities.
The establishment of
additiodk
requirements is at local discretion.
c. Cit
Magistrate Court judges are selected
and serve Aich terms as provided by the charter or
ordinance of their cities or towns.
[Const., Art. VII, S15; A.R.S. S22-403; Admin-
istrative Director of the Courts]
4.5.2 Administration
a. There are no formal provisions
for presiding
judges for the City Magistrate Court.
Establish-
ment ot the position is at "local discretion.
b. There are no formal provisions for court
administrators for the City Magistrate Court.
Establishment of the position is at local discre-
tion.
Reference Section 5.2.b (state-
in-
istrator).
c. There are no formal provisions
ks
for the City Magistrate Courts.
Establ
of
the position is at local discretion.
[Administrative Director of the Courts]
4.6.2 Rule-making.
The rules of criminal procedure
for Superior Courts, including the
provisions re-
garding bail, issuance of subpoenas, and
punishment
for disobedience thereof apply to City Magistrate
Courts so far as applicable and when not
otherwise
prescribed.
[A.R.S. S22-423].
State-Level Administration
5.1 General administrative authority.
The Supreme
Court has administrative supervision over all the
courts of the state.
The Chief Justice, or in his
absence or incapacity, the vice chief
justice,
exercises the court's administrative
supervision
over all the courts of the state.
The Supreme
Court appoints an Administrative Director and staff
to serve at its pleasure to
assist the Chief Jus-
tice in discharging his administrative
duties.
The
Chief Justice is empowered to assign judges of any
court to serve in other courts or counties.
The
Supreme Court appoints the presiding judges
of the
Superior Courts.
The Chief Justice, upon the
request of the presiding judge of a Superior Court,
may appoint a Superior Court judge pro tem.
The
appointment is for 6 months and can be renewed.
152
The Chief Justice may also appoint justices of the
peace pro tem.
These pro tem appointments are sub-
ject to the approval of the county Board of Super-
visors.
Reference Section 1.5.a (Administration).
[Const., Art. VI, SS3, 7, 11, 31; A.R.S.
S12-141 to 12-144, 22-121 to 22-124]
5.2 Administrative Office of the Courts
a. The Administrative Office of the
Courts is
authorized by the Constitution.
b. Administrative Director of the Courts
(1) The position of Administrative Director
of the Courts is authorized by the constitution.
The Administrative Director and Ataff serve at
the
pleasure of the Supreme Court and assist the
Chief
Justice in discharging his admini:trative duties.
(2) There are no formal qualifications for
the Administrative Director of the courts.
This
position is filled by Supreme Court appointment.
(3) The primary responsibilit es of the
Administrative Director of the Courts ate as fol-
lows:
(a)
Preparing and presenti
state-
level budgets.
(b)
Administering the state share pay-
roll for Superior Court judges and judge!, pro tem-
pore; and administering payment of
of the
statewide grand jury.
(c)
Planning and holding the to annual
judicial cbnferences, one for appellate and,Super-
ior Court judges and one for justices'of th
peace
and city magistrates and administering a con inuing
judicial education program with emphasis on j dges
of the courts of limited jurisdiction.
(0
Receiving and checking monthly case
statistical reports from the Superior Court and
he
Court of Appeals and preparing year-end statisti
1
compilations,and the annual judicial report.
(e)
Providing administrative assistanc
to other courts.
(f)
Preparing administrative orders.
(g)
Serving as secretary to the Commis-
sion on Judicial Qualifications (reference
Section
7.1); maintaining commission files; and adminis-
tering payment of commission expenses.
(h)
Administering Foster Care Review
Board System.
(i)
Administering State Aid for Proba-
tion Services program.
(j)
Performing planning functions for
the state court system.
c. Office organization.
The Administrative
Office of the Courts consists of 24 people:
14
professionals (including the Administrative Direc-
tor of.the Courts) and 10 clerical
personnel.
Duties are spread among staff members as time,
experience, and expertise in the subject it hand
allow.
[Const., Art. VI,I167; State Court Administra-
tive Officers, p. 26; Administrative Director
of the Courts]
Quasi-Judicial Officers
6.1.1 SUPERIOR COURT
6.2.1 Court Commissioner
a.. Court commissioners are appointed
by the
judges of the Superior Court and serve at their
pleasure.
They are required to be United States
citizens and residents of the county they serve.
b. Court commissioners may-hear and determine
ex parte motions (except for injunctions) when the
/
No information is ava
e
re of the Arizona Administrative
Office of the
urts at this time.
,
4
z.s.
<.
153
1 70
c,
-,
appointing judge is absent or disabled, take proof
and report conclusions on any matter of fact not
placed into issue by the pleadings, take and
approve bonds, administer oaths and take affida-
vits, and acknowledge deeds or other official
records.
Superior court commissioners with Areater
authority are also provided pursuant to Artifle VI,
124 of the Constitution of Arizona and A.R.S.
112-213.
Their functions are also regulated by
Supreme Court Rule No. 46.
Generally, these com-
missionrs can hear default matters, initial
appearances in criminal cases and certain show
cause matters.
[Const., Art. VI, 124; A.R.S. 1112-211, 12-212,
12-213]
6.1.2 SUPERIOR COURT
6.2.2 Referee
a. Referees are appointed by the Superior Court
judge who has been assigned to juvenile cases and
serve at his pleasure.
The requirements for the
position are also within the descretion of the
appointing judge except that no contested hearing
may be heard by a referee unless he has a law
degree.
b. The appointing judge can direct that any
proceeding in a juvenile case be brought before a
referee first.
The referee then reports his con-
clusions to the judge.
fA.R.S. 18-231]
6.1.3 SUPERIOR COURT
6.2.3 Traffic hearing officer
a. Traffic hearing officers are appointed by
the Superior Court judge who has been assigned to
juvenile cases, and they serve at his pleasure.
The statutes only require that appointees be "gf
suitable experience [and] who may be magistrates,
justices of the peace or probation officers".
b. Traffic hearing officers are impowered to
hear any case wherein a child under 18 is charged
with a nonfelonious motor vehicle violation.
[A.R.S. 18-2321
Judicial Discipline
7.1 The Commission on Judicial Qualifications.
The
commission ts composed of 9 persons: the Supreme
Court appoints two judges of the Court of Appeals,
154
two judges of the Superior Court, and one justice
of the peace; the governing body of the state bar
appoints two members of the bar; and the Governor,
subject to Senate confirmation, appoints two citi-
zens who may not be active/retired judges nor mem-
bers of the bar.
[Const., Art. VI.I, 111
7.2 Authority and procedure for sanction.
Proce-
dures of removal and discipline are contained in
the state constitution.
The commission may insti-
tute an inquiry on its own motion or upon receipt
of a verified statement.
If the evidence warrants,
the commission begins formal proceedings.
The
judge is notified in writing of the specific
charges and is given 15 days to reply.
He is also
informed of his right to counsel.
The final hear-
ing can be held before either the commission or a
special master.
(A special master may be appointed
by the commission to conduct the formal evidentiary
hearing to hear the evidence and prepare recom-
mended findings of fact for the Commission on Ju-
dicial Qualifications.)
The judge must be given 20
days notice of the time and place of the hearing.
At the hearing, evidence is received as would be
admissible in a state Superior Court.
Oral evi-
dence is taken on oath and the chairman may
subpoena witnesses and documents.
At the end of
the hearing, the commission or special master makes
findings of fact and prepares a report, a copy of
which is forwarded to the judge.
He has 15 days
to file an objection.
If an objection is filed,
the judge will be given am opportunity to be heard
orally.
At that time, the commission or special
master either dismisses the charges or recommends
to the Supreme Court the censure, suspension,
removal, or retirement of the judge.
Within 30
days of the report's filing, the judge may petition
the Supreme Court for an opportunity to orally
argue his case.
After being given that opportun-
ity, if requested, the Supreme Court makes its
final decision.
All matters pertaining to the pre-
liminary investigation and all papers filed with
and all proceedings before the commission or spe-
cial master are confidential unless the judge
requests that the information be released.
[Const., Art. VI.I; Rules of procedure for the
Commission on Judicial Qualifications; Adminis-
trative Director of the Courts]
ARKANSAS
Court of Last Resort
1.1 SUPREME COURT.
The Supreme Court of Arkansas
sits at Little Rock, the state capital.
The
court's annual term begins on the first Monday of
October.
[Constitution, Article 7, Sections 4, 8;
Arkansas Statutes 1947, Annotated (hereinafter
A.S.A.) Section 22-205)
1.2 Or anisation.
The court sits in divisions
pursuant to constitutional authority.
Each of the
two divisions has three associate justices.
The
Chief Justice sits in both divisions.
If any
justice in a division dissents, the case goes to
the court en banc.
Statutes require that all
cases involving the construction of the consti-
tution and capital offenses must be heard by the
court en banc.
[A.S.A. §22-206; Twelfth Annual Report,
Judicial Department of Arkansas, 1976 Judicial
Statistics (hereinafter 1976 Annual Report),
p. 1)
1.3 Jurisdiction
a.
The Supreme Court has general superin-
tending control over all trial courts of law and
equity.
In aid of its appellate and supervisory
jurisdiction, it has the power to issue 'writs of
error and upersedeas, certiorari, habeas corpus,
prohibition, mandamus, quo warranto, and other
remedial writs.
In the exercise of its original
jurisdiction, it has the power to issue writs of
quo warranto to the Circuit Court judges ind
chancellor, and to offices of political
A
corporations (incorporated cities and towns) when
the question involved is the legal existence of
such corporations.
b.
The Supreme Court has appellate
jurisdiction coextensive with the state under such
restrictions as prescribed by law.
The court
hears appeals from the Court of Appeals, the
Circuit Court and the Chancery Court.
Appeals are
accepted at the discretion Of the court.
[Const., iFt. 7, S§4, 5; A.S.A. §27-2101;
Rules of Criminal Procedure 36.1;
Outline of
Basic Appellate Court Structure in the United
States (1975), p. 18]
1.4 Justices (I)
a.
The Chief Justice is elected to an 8-year
term by the voters of the state in partisan
elections.
b.
Supreme Court justices must be at least 30
years old, must be of good moral character, must
be citizens of the United States, must have been
residents of the state for at least 2 years, and
must have been practicing attorneys for at least 8
years.
c.
Supreme Court justices are elected to
8-year terms by the voters of the state in
partisan elections.
Vacancies are filled by the
Governor.
All appointees, however, are ineligible
for election to the office.
155
[Const., Art. 7, S6;
Const., Art. 7, §6,
Amendment No. 9; COnst., Amend. No. 29]
1.5 Administration
a.
The Chief Justice of the Supreme Court is
the administrative director of the Judicial Depart-
ment of the state.
He exercises administration and
supervision over the entire court system through
the Executive Secretary, the chief judge of the
Court of Appeals and the county judges.
Reference
Section 5.1 (General administrative authority).
He
has no specifically articulated duties with regard
to the administration of the Supreme Court.
b.
Reference Section 5.2.b (state-level admin-
istrator).
c.
The clerk, occupying a constitutionally
authorized position, serves a 6-year term subject
to removal for good cause.
The clerk is respon-
sible for recording judgments, decrees, rules,
orders and proceedings, together with the opinions
of the court, and making complete alphabetical
indexes to all books of record.
[Const., Art. 7, §7; A.S.A. 23-206]
1.6 Rule-making.
The constitution does not
specifically address rule-making powers, other
than to grant the Supreme Court the power to maks
rules regulating the practice of law and the
professional conduct of attorneys.
Statutory
provisions grant the Supreme Court the power to
prescribe rules of criminal end civil proceddre
for all courts-of the state.
The court also fixes
the date when such rules become effecti've.
All
laws in conflict with such rules have no further
-
-(orte
The court may prescribe rules for its own
administration,'and it 111112 general superintending
,
control over all courts.
Statutes empower the
Chief Justice to issue orders and regulations as
may be necessary for the efficient operatiom of
all courts in the state.
[Const., Arti 7, S4; Const., Amend. No. 28;
A.S.A. SS22-142, 22-208, 22-212, 22-213,
22-242 to 22-249]
\
Intermediate Appeljate Court
%
2.1 COURT OF APPEAL
The court is located in the
city of Little Rock, but the court en.banc or any
panel thereof may
t in any county seat for the
purposes of hearing argument in cases before it.
The Court of Appealj sits in continuous session.
[A.S.A. S22-120 ; Office of the Executive
Secretary of theyudicial Department]
2.2 Organization.
The Court of Appeals is a
single court of statelfide jurisdiction.
The court
is authorized to sit A'ii- panels of three justices
each.
,
[A.S.A. S22-1203]
\\,
2.3 Jurisdiction
a.
The Court of Appeals has the authority to
issue any writs, directives, orders, and mandates
that are appropriate, and only those that are
1
r)
Figure 1:
Arkansas court system, 1980
SUPREME COURT
7 justices
Jurisdiction:
- Appellate jurisdiction over cases from
Circuit Court, Chancery Court, and
Probate Court.
COURT OF APPIALS
6 judges
Jurisdiction:
- Appellate jurisdiction as
determined by Supreme
Court rule.
CRARCIRY COURT (22)
30 judges (chancellors)
Jurisdiction:
- Court of equity (land
disputes, domestic rela-
tions, support, roses
seeking equitable relief).
No jury trials.
CIRCUIT COURT (10
33 judges
Jurisdiction:
- Civil casee over $100.
- Original Jurisdiction in
criminal.
- Juvenile.
(The Second Circuit Court is di-
vided into the First (Civil) and
Second (Criminal) Divisions.)
Mears eppeals de novo.
Jury trials.
COURT OF COWEN PLEAS (12)
county judges Imre.
Jurisdiction varies:
- Contracts and other civil
netters not involving
title te property.
Maxi-
mum monetry limit varies
from $500 C $1.500.
Jury trials.
PROBATE COURT (22)
Chancry Court judges serve
Jurisdiction:
- Rotate, adoption, mental
health cases.
No jury trials.
MUNICIPAL COURT (68)
RS judges
Jurisdiction:
- Contract under $300.
Property
recovery under $300.
Property
damage under $100.
- Felony preliminaries.
Mis-
demeanors.
Ordinance viola-
tions if there is no City
Court.
COUNTY COURT (15)
75 Judea*
Juribdiction:
- Original jurisdictioe in coun-
ty tails., county expenditures,
_and elitism against county.
Seatarity proceedings.
- Juvenile.
N. jury trial.
ItIndicates route of appeal.
ItIndicates transfer of cases.
JUSTICE OF THE PEACE COUNT (3)
2 Justices of the peace
Jurisdiction:
- Contract under $300.
Property
recovery under $300.
Property
dmmege under $100.
- Felony preliminaries.
Misdemeanors.
$ x-man Jury
POLICE COURT
3 judges
Jurisdiction:
- Civil Case. under $300.
- Misdemeanors and city
ordinance violations.
No jury trials.
L.1"
CITY COURT.($2)
76 judges
Jurisdictioe.
- Civil cases under $300.
- Misdemeanors and tit/
ordinance violations.
No jury trials.
=1.
NOW
al
Court of
last
resort
Intermediate
Appellate
Court
Courts of
general
Jurisdiction
Courts of
limited
jurisdiction
appropriate, for the determination of cases within
it jurisdiction.
b.
The Court of Appeals has such appellate
jurisdiction as the Supreme Court determines by
rule and is subject to the general
superintending
control of the Supreme Court.
(Cornet., Amend. No. 58, SI; A.S.A. 522-1204)
2.4 Judges (6)
a.
The Chief Justice designates one of the
judges of the Court of Appeals as chief judge.
The chief judge is appointed to a 4-year term and
may be reappointed, subject to the
discretion of
the Chief Justice.
b.
Court of Appeals judges must meet the same
qualifications as justices of the Supreme Court.
Reference Section 1.4.b.
Each elected judge must
be a resident of the district from which
elected.
c.
Court of Appeals judges are elected to
8-year terms.in general elections by the voters of
the state.
[Const., Amend. No. 58, SI; A.S.A. S22-1202,
22-1295)
2.5 Administration
a.
There are no provisions for assigning
administrative duties to the chief Judge.
b.
There are no provisions for an
administrator for the Court of Appeals.
Reference
Section 5.2.b. (state-level administrator).
c.
The Supreme Court clerk appoints two
deputies to handle the clerk's duties for the
Court of Appeals.
Reference Section 1.5.c.
[A.$.A. S22-1208(b))
2.6 Rule-making.
The Supreme Court adopts rules
for procedures to be followed in the Court
of
Appeals.
[Court Rules--Supreme Court of Arkansas!
Court of General Jurisdiction
3.1.1 CIRCUIT COURT.
The court sits in continuous
session, and term beginning dates are
specified in
the statutes.
[A.S.A. SS22-310, 22-311)
3.2.1 Organization.
Court is held in each county,
normally at the county seat.
The state is divided
into 22 judicial circuits, each of which contains
from 1
to 7 counties.
The court in the second
circuit has been divided by statute into
Criminal
and Civil Divisions.
(A.S.A. S522-310, 22-311, 22-322 to 22-333)
3.3.1 Jurisdiction
a.
The Circuit Court has original jurisdic-
tion in all criminal and civil matters,
unless
exclusive jurisdiction has been granted to
another
court.
b.
The Circuit Court has appellate jurisdic-
tion over all courts of limited jurisdiction.
[Const., Art. 7, SS11, 14)
3.4.1 Judges (33)
a.
The Circuit Court does not have a chief
Judge over all the circuits or presiding judges
for the individual circuits.
h.
Circuit Court judges must be United States
citizens, must be at least 28 years old, must
have
been residents of the state for at
least 2 years,
must be of good moral character, and must have
beln practicing attorneys for at least 6 years.
c.
Circuit Court judges are elected to 4-year
terms by the voters of their respective
circuits
in partisan elections.
[Const., Art. 7, SS16, 17; A.S.A.
S22-411)
157
1
3.5.1 Administration
a.
There are no provisions for a chief judge
over all the Circuit Courts or for
presiding
judges for the individual circuits.
b.
There are no provisions for an adminis-
trator over all the Circuit Courts or for
admin-
istrators for the individual circuits.
Reference
Section 5.2.b (state-level administrator).
c.
Clerks are elected by the voters of their
respective circuits to 2-year terms.
In addition
to their trial court functions, the
Circuit Court
clerks are also the ex officio recorders of
the
counties.
They record and index all documents
affecting the title to real estate and maintain
files and records on all security transactions
under the Uniform Commercial Code, except those
transactions filed solely in the Secretary of
State's office.
[Const., Art. 7, S19; A.S.A.
S17-3601; 1976
Annual Report, p. 37)
3.6.1 Rule-making.
The Circuit Court and Chancery
Court may adopt procedural rules,
providing they
are not in conflict with Supreme Court rules.
Local rules do not become effective until a copy
has been filed with the clerk of the Supreme
Court.
Circuit Courts have the power to make all
rules necessary for the dispatch of business.
[A.S.A. S22-309; Uniform Rules for Circult and
Chancery Courts No. 12)
3.1.2 CHANCERY COURT.
The court sits in continuous
session and no terms are specified.
[A.S.A. SS22-403, 22-406, 22-406.11
3.2.2 Organizatioo.
Chancery Courts sit in the
same buildings in each county as
the Circuit
Court.
The state is divided Into 22 chancery cir-
cuits.
Multi-judge Chancery Courts are divided
into divisions; these divisions are used to
identi-
fy positions for election purposes, and to assign
cases to judges.
[A.S.A. SS22-403, 22-406.1, 22-412 to 22-431,
27-117; Executive Secretary)
3.3.2 Jurisdiction
a.
The Chancery Court has jurisdiction in
cases involving domestic relations
matters, land
disputes, reciprocal support actions, and other
cases where equitable relief is
sought.
b.
The Chancery Court has no appellate juris-
diction.
(Const., Amend. No. 24; A.S.A. S22-404; 1976
Annual Report, p. ill)
3.4.2 Judges (30 chancellors)
a.
The Chancery Court does not have a chief
judge over all the circuits or presiding
judges for
the individual chancery circuits.
b.
Chancellors must meet the same qualifica-
tions as Circuit Court judges.
Reference Section
3.4.1.b.
c.
Chancellors also serve as Probate Court
judges.
Reference Section 3.2.3.
CbAncellors are
elected to 6-year terms by the voters of their re-
spective circuits in partisan elections.
(A.S.A. S22-409)
3.5.2 Administration
a.
There are no prollpions for a chief judge
over all the Chancery Cour s or for presiding
judges for the indlyidual chancery circuits.
b.
There are no provisions for an
administrator over.all the Chancery Courts or for
administrators for the individual chancery
circuits.
Reference Section 5.2.b (state-level
administrator).
C.
Chancery Courts are served by the Circuit
Court clerks.
Reference Section 3.5.1.c.
FA.S.A. $22-441]
3.6.2 Rule-making.
Reference Section 3.6.1.
Chancellors have the power to prescribe
administrative rules.
IA.S.A. 522-518]
3.1.3 PROBATE COURT.
The court sits in continuous
session and no terms are specified.
FA.S.A. $22-406.1]
3.2.3 Organization.
The Probate Court is linked
to the Chancery Court since Chancery Court judges
(chancellors) also serve as Probate Court judges.
The state is divided into 22 chancery circuits.
Probate Court sits in the same building in each
county as ehe Circuit Court and Chancery Court.
[Coma. Art. 7,
$34; Const. Amend. 24, 11;
A.S.A. S22-412 to $22-431]
3.3.3 Jurisdiction
a.
The judges (chancellors) of Chancery Court
also serve as the judges of Probate Court and as
such, hear cases involving wills, guardianship,
adoption, mental commitments, and similar probate
matters.
b.
The Probate Court has no appellate juris-
diction.
1Const. Art. 7, S34, Const. Amend. 24, 51]
3.4.3 Judges (30 chancellors serve)
a.
The Probate Court does not have a chief
judge over all the circuits or presiding judges for
the individual circuits.
b.
Reference Section 3.4.2.b.
c.
Reference Section 3.4.2.c.
3.5.3 Administration
a.
There are no provisions for a chief judge
over all the Probate Courts or for presiding judges
over all the individual circuits.
b.
There are no provisions for an administra-
tor over all the Probate courts or for administra-
tors for the individual circuits.
Reference Sec-
tion 5.2.b (state-level administrator).
c.
Probate Courts are served by Circuit Court
clerks.
Reference Section 3.5.1.c.
[Const. Art. 7, $191
3.6.3 Rule-Making.
Reference Section 3.6.1.
Chan-
cellors have the power to prescribe administrative
rules.
1A.S.A. 522-518]
Courts of Limited or Special Jurisdiction
4.1.1 MUNICIPAL COURT.
The Municipal Court has no
specified term of court.
4.2.1 Organization.
Any city with a population of
more than 2,400 can establish a Municipal Court by
ordinance.
Municipal Courts exercise countywide
jurisdiction, except in cases of ordinance viola-
tions.
If a county has more than one Municipal
Court, the specific geographical jurisdiction of
each Is specified.
The Municipal Courts of Little
Rock and North Little Rock each have two divisions,
Traffic and Civil/Criminal.
[A.S.A. SS22-701, 22-704, 22-710]
4.3.1 Jurisdiction
a.
The Municipal Court has exclusive juris-
dictiOn over ordinance violations where there is
no City Court, and concurrent jurisdiction with the
Justice of the Peace Court and Circuit Court over
misdemeanors.
The court's misdemeanor jurisdiction
is exclusive of the Justice of the Peace Courts
within the city limits.
The Municipal Court also
1 IN;
has civil jurisdiction in matters of contract up
to $300 and actions for recovery of personal prop-
erty and/or damage thereto up to $300.
Depending
on the amount involved in a civil claim, the
court's jurisdiction may be exclusive of or concur-
rent with the Circuit Court and the Justice of the
Peace Court.
The Municipal Court also conducts
preliminary hearings.
b.
The Municipal Court has no appellate juris-
diction.
[A.S.A. $22-709; Office of the Executive
Secretary of the Judicial Department]
4.4.1 Judges (98)
a.
The MUnicipal Courts do not have presiding
judges.
b.
Municipal Court judges must be at least 25
years old, must be of good moral character, must
have been residents of the state for at least 2
years, and must have been practicing attorneys for
at least 6 years.
c.
MUnicipal Court judges are elected to
4-year terms by the voters in partisan elections.
[A.S.A. 522-703, 22-704]
4.5.1 Administration
a.
There are no provisions for presiding
judges for the Municipal Courts.
b.
There are no provisions for administrators
for.the Municipal Courts.
Reference Section 5.2.b
(state-level administrator).
C.
Clerks are appointed by the judges.
There
are no provisions for assigning administrative
duties to the clerks.
They are responsible for
recording judgments, rules, orders, and other
proceedings, preparing alphabetical indexes there-
to, and perfecting accounts-of arrearages.
[A.S.A. 1122-315, 22-713]
4.6.1 Rule-making.
Municipal Court judges have no
procedural or administrative rule-making author-
ity, except for determining the qualifications of
bail bondsmen.
Reference Section 1.6.
4.1.2 COUNTY COURT.
Terms of the court begin on
the first Monday of January, April, July! and
October of each year.
[A.S.A. $22-603]
4.2.2 Organization.
There is one County Court
with one judge in each of the state's 75 counties.
There are no specialized divisions of the court.
[Const., Art. 7, S28)
4.3.2 Jurisdiction
a.
The County Court has exclusive original
jurisdiction in all matters relating to county
taxes, roads, bridges, ferries, paupers, bastardy,
vagrants, the apprenticeship of.minors, the dis-
bursement of money for eounty.purposes, and "in
every other case that may be necessary to the in-
ternal improvement and local concerns" of the
county.
In the absence of the Circuit Court judge,
the County Court judge may issue injunctions, pro-
visional writs, and writs of habeat corpus.
b.
The County Court has no appellate
jurisdicSion.
[Const., Art. 7, 98; A.S.A. 5117-3903,
17-3905]
4.4.2 Judges (75)
a.
Each o'f the state's 75 counties has one
County Court and one judge; therefore, the County
Courts do not have presfding judges.
b.
County Court judges must be United States
citizens, must be at least 25 years old, must be
persons of upright character po ssssss ng a good
business education, must have been residents of
the state for 2 years, and must be residents of
their counties at the time of election and during
their terms of office.
c.
County Court judges are elected to 2-year
termi by the voters in partisan elections.
(Const., Art.
7,
S291
4.5.2 Administration
a.
There are no provisions for presiding
judges for the County Courts.
Each county judge
is the chief administrative officer for
the
county.
Most of his power and duties, as speci-
fied in the constitution and statutes, ate admin-
istrative in naiure.
b.
There are no provisions for administrators
for the County Courts.
Reference 5.2.b (state-
level administrator).
c.
Clerks are elected to 2-year terms by the
voters in general elections.
In addition to serv-
ing the County Court, the clerk also serves as
clerk of the Probate Division of the Chancery
Court.
The County Court clerk prepares the county
property tax books, collects delinquent taxes,
maintains voter registration records, and issues
and records marriage licenses.
[Const., Art.
7, SS19, 30; A.S.A. S17-3601;
1976 Annual Report, p. 371
4.6.2 Rule-making.
Procedural rule-making
authortty is not addressed in the statutes and
rules.
The court does possess certain
administrative rule-making authority.
Reference
Section 1.6.
[Const., Art.
7, 1128, 30; A.S.A. S122-601,
22-603.41
4.1.3 COURT 0) COMMON PLEAS.
Terms of court are
specified in the special acts creating each court.
(Compiler's Note following A.S.A. S22-6151
4.2.3 Organization.
Courts of Common Pleas have
been established in the following counties:
Ashley, Chtcot, Crittenden, Cross, Desha,
Drew,
Garland, Lee, Lonoke, Madison, Mississippl,
Nevada, and Prairie.
There are no specialized
divisions of the court.
[Compiler's Note following A.S.A. S22-6151
4.3.3 Jurisdiction
a.
The Court of Common Pleas has general
jurisdiction in matters of contract and other
civil matters not involving title to real estate.
The specific civil jurisdiction of each court is
contained in the legislation that established the
court.
(Summary information on each special act
is contained in the note
following 122-615 of the
statutes.)
In general, the monetary limits of
jurisdtction of these courts range from
$500 to
$1,500.
b.
The Court of Common Pleas has no appellate
jurisdtction.
[Const., Art.
7,
S321
4.4.3 Judges (County Court judges serve in the
Court of Common Pleas.)
a.
Courts of Common Pleas do not have
presiding,judges.
b.
Reference Section 4.4.2.b.
c.
Reference Section 4.4.2.c.
(Const., Art. 7, SS28, 321
4.5.3 Administration
a. #There are no provisions for
presiding
4006 judges for the Courts of Common Pleas.
b.
There are no provisions for administrators
for the Courts of Common Pleas.
Reference Section
5.2.b (state-level administrator).
c.
These courts are served by either the
Circuit or County Court clerks.
The special act
establishing the court designates which clerk
serves the court.
(Compiler's Note following4A.S.A. 122-6151
4.6.3 Rule-makina.
Normally, procedures in Courts
of Common Pleas are the same as in Circuit Courts.
Reference Section 3.6.1.
Certain additional pro-
cedures, however, are contained in the.special
acts.
The administrative rule-making authority of
the county judge also applies to the Court of
Common Pleas.
(Compiler's Note following A.S.A. S22-6151
4.1.4 JUSTICE OF THE PEACE COURT.
The Justice of
the Peace Court meets whenever there are cases to
be heard.
(Office of the Executive Secretary of the Ju-
dicial Department]
4.2.4 Organization.
There are
o specialized di-
visions of the court.
At pre
there are only
three Justice of the Peace C
perating due to
the increasing numbers of Mu
1 Courts.
(Executive Secretary]
4.3.4 Jurisdiction
a.
The Justice of the Peace Court conducts
preliminary examinations in felony cases and has
criminal jurisdiction over misdemeanors.
The
court has exclustve civil jurisdiction in all
matters of contracts not exceeding $100, and con-
current jurisdiction with the Circuit Court in
those not exceeding $300, concurrent jurisdiction
in suits for recovery of personal property not
exceeding $300; and concurrent jurisdiction in all
matters relating to personal property damages not
exceeding $100.
This civil jurisdiction does not
extend to matters involving a lien on land or title
to or possession of Vend.
b.
The Justice of the Peace Court has no
appellate jurisdiction.
(Const., Art. 7,
S40, A.S.A. 143-1405)
4.4.4 Judges (2)
a.
The Justice of the Peace Courts do not
have presiding judges.
b.
Justices of the Peace must be qualified
voters and residents of the district.
C.
Justices of the Peace are elected to
2-yeer terms by the voters of the townships in
partisan elections.
[Const., Art. 7, S138, 41; A.S.A. S26-1221
4.5.4 Administration
a.
There are no provisions for presiding
judges for the Justice of the Peace Courts.
b.
There are no provisions for administrators
for the Justice of the Peace Courts.
Reference
Section 5.2.b (state-level administrator).
c.
The clerk's function may be performed in
some courts by the justices themselves or by the
constables, who are elected to 2-year terms by the
voters of the counties.
He supervises the
deputies in his office.
(A.S.A. SS17-3601, 17-3602; Executive
Secretary]
4.6.4 Rule-makinki.
Reference Section 1.6.
There
are no provisions in the statutes or
rules
relating to the rule-making powers of the justices.
4.1.5 POLICE COURT.
The Police Court is always
open.
[A.S.A. S22-8021
4.2.5
Organization.
Police Courts may be estab-
lished in cities of the second class (500 to 2,500
population) at the discretion of the governing body
of the city.
Some ctties of the first class (over
159
2,500 population) are permitted to establish a
Police Court If they are financially unable to sup-
port
Municipal Court.
There is presently only
one Police Court In the state.
[A.S.A. S22-808, 22-811; Executive Secretary
of the Arkansas Judicial Department]
4.3.5 Jurisdiction
a.
The Police Court has the same jurisdiction
as the Justice of the Peace Court.
Reference
Section 4.3.4.
It also has jurisdiction in
ordinance violations.
b.
The Police Court has no appellate
jurisdiction.
[A.S.A. SS22-801, 22-809]
4.4.5 Judges (3)
a.
The Police Court does not have
presiding
judge.
b.
The Police Court judge must be a qualified
voter and a city resident.
c.
The Police Court judge is elected to a
2-year term by the voters of the city.
IA.S.A. S22-810, 19-7031
4.5.5 Administration
a.
There Is no provision for a presiding
judge for the Police Court.
b.
There is no provision for an administrator
for the Police Court.
Reference Section 5.2.b
(state-level administrator).
c.
The Police Court judge serves as his own
clerk.
[A.S.A. S22-803]
4.6.5 Rule-making.
Police Court judges may
promulgate rules of practice and procedure.
Such
rules must be posted in the courtroom.
[A.S.A. S22-803]
4.1.6 CITY COURT (formerly Mayor's Court).
The
City Court sits In continuous session.
[Office of the Executive Secretary of the
Judicial Department]
4.2.6 Organization.
There are presently 82 such
courts In the state.
There are no specialized
divisions of the court.
[1976 Annual Report, pp. v, 85]
4.1.6 Jurisdiction
a.
Mayors of towns and second class cities
are vested with the judicial powers of justices of
the peace and, at least In second class cities,
have osclusive jurisdiction in ordinance
violations.
The City Court has the same
jurisdiction as the Police and Justice of the
Peace Courts.
Reference Sections 4.3.4 and 4.3.5.
b.
The City Court has no appellate
jurisdiction.
[Const., Art. 7, S40; A.S.A. SS19-1102,
`al.
19-1102.1, 19-1204; 1976 Annual Report, pp. 85]
4.4.6 Judges (76).
City Courts are presided over
by the elected mayors.
The mayor may designate a
justice of the peace to serve in his stead.'
a.
The City Courts do not have presiding
judges.
b.
In cities of the second class, any
qualified voter of the city or any licensed
attorney in the county may serve in the mayor's
stead.
c.
Mayors serve 4-year terms.
[A.S.A. SS19-1002, 19-1101.4, 19-1102, 22-8121
.4.5.6 Administration.
Each locality determines
the administrative personnel of this court.
a.
There are no proVlstons for presiding
judges for the City Courts.
160
1 :17
b.
There are no provisions for administrators
for the City Courts.
Reference Section 5.2.b
(state-level administrator).
c.
There are no provisions for clerks for the
City Courts.
4.6.6 Rule-making.
Reference Section 1.6.
There
are no provisions in the statutes or rules that
grant rule-making powers to the City Court.
State-Level Administration
5.1. General administrative authority.
The
constitution grants the Supreme Court general
superintending control over all courts.
Statutes
provide that the Chief Justice of the Supreme
Court ls the administrative director of the
Judicial Department of the state.
He is
responsible for the efficient operation of the
department and of its constituent courts.
The
Chief Justice may assign, reassign, and modify
assignments of Circuit and Chancery Court judges.
The Executive Secretary of the Judicial Department
ls selected by the Chief Justice with the approval
of the Judicial Council (reference Table 29:
Judicial councils and conferences).
The Chief
Justice serves as chairman of the State-Federal
Judicial Council, an informal organization con-
sii4ting of state and`federal judges which tries to
solve common problems.
Reference Section 1.5.a.
[Const., Art. 7, S4; A.S.A. SS22-142, 22-143;
1976 Annual Report, p. 5; Executive Secretary]
5.2 Office of the Executive Secretary of the
Judicial Department
a.
The Office of the Executive Secretary of
the Judicial Department is authorized by Act 496
of 1965.
b.
Executive Secretary
(1)
The 1965 General Assembly authorized
the position of Executive Secretary.
(2)
The Executive Secretary must meet the
same qualifications as a Circuit Court judge.
Reference Section 3.4.1.b.
The pos,ition is filled
by the Chief Justice with the approval of the
Judicial Council.
(3)
Subject to the direction of the Cliief
Justice, the Executive Secretary performs the
following functions:
(a)
Examines the administrative
methods of the courts and makes recommendations to
the Chief Justice for their improvement.
(b)
Examines the state of the docket
of the courts and secures Information as to their
need for assistance.
(c)
Prepares statistical data and
reports concerning the business of the courts and
advises the Chief Justice to the end that proper
action may be taken.
(d)
Examines the appropriatiodPesti-
mates of the courts and presents recommendations
to the Chief Justice.
(e)
Examines the courts' statistical
systems and makes recommendations to the Chief
Justice for a uniform system.
(f)
At the request of the Judicial
Council, serves /As its secretary.
(g)
Advises and assists trial court
clerks in recordkeeping procedures.
(h)
Performs such other duties as
assigned by the Chief Justice.
c.
Office organization.
The office consists
of the following personnel:
deputy executive
Figure 2: Arkansas state-level administrative office of the courts, 1980
al Research
Anlit
s
141f Just ic
inistrat iv*
Director,
Executive
Sec retry
Deputy
Execut iv*
Set retry
Secretary
thief,
*111155rch
Anlyt !cal
finance a
Court
Coordinator
Service
Of firer
Planner
Division
1
s
Cu,
4
J.)
4111P
secretary, court planner, chief of analytical
services, research cooidinator, financial officer,
and three secretaries.
[A.S.A. S22-143; 1976 Annual Report, p. 6]
Quael-Judicial Officers
6.1.1 CHANCERY COURT
6.2.1 Master in chanvry
'a.
Chancery Courts may appoint masters in
chancery.
A master must be a qualified elector of
the county and must have been licensed to practice
law for at least 5 years.
b.
These offieeri subpoena witnesses,.rule on
the admissability of evidence, and generally
conduct hearings into contested issues of fact.
Masters report their findings to the bench.
SS22-449, 22-443; Arkansas Rules of
Civil Procedure]
6.1.2 CHANCERY COURT
6.2.2 Standing master
a.
Standing masteti_may he appointed in
counties having a population exceeding 150,0(0.
Such masters must possess at least 5 years
practice experience.
b.
Standing masters conduct hearing
into
factual disputes in contested divorces or separate
maintenance cases.
They take evidence, subpoena
witnesses, and rule on admissability of evidence.
[A.S.A. S2, 442 to 22-447]
6.1.2 CHANCERY COURi
6.2.2 Referee
a.
Chancellors may appoint a
eferee in
probate in each county.
The referee must be fin
attorney, unless all such qualified individuals
refame the position.
b.
Referees appoint administrators,
guardians, and curators, admit wil.s to probate
and appoint executors; consider all claims against
estates, order sales of real or personal property;
and receive and audit the final accounts of
*states.
In uncontested cases, the referee is
saNwered to enter the final order.
He makes a
report of finding& of fact and law to the
chancellor in contested cases.
[A.S.A. SS22-508"to 22-.512]
Flnal determinations in bastardy cases ere made by
the county judges and not the referees.
[A.S.A. S22-601.1, 45-408, 45-409, 45-440i1
1976 Annual Report, p.
72]
6.1.4 MUNICIPAL COURT
6.2.4 Referee
a.
If the Municipal Court establish
a Small
Claims Division, the judge can appoint a referee
who must meet the same qualifications as a
Municipal Court judge (reference Section 4.4.1.01,
including a minimum of 6 years of law practice.
b. The referee is empowered to conduct
hearings, take testimony, and make his
recommendation of law and fact to the judge.
[A.S.A. S22-758:1]
Judicial Discipline
7.1.1 Judicial Qualifications Commission.
The
commission consists of one licensed attorney and
one nonlawyer from each of the state's four con-
gressional districts.
The lawyers are selected by
their peers in the districts and the nonlawyers
are selected by the members of the General
Assembly representing the districts.
[A.S.A. S22-145]
7.2 1 Authority and procedure for sanction.
Created by the General Assembly in 1977,, the com-
lesion investigates violations of laws or canons
ethics and mental or physical disability of
dges sitting on Municipal, Justice of the Peace,
lice
and City Courts.
If, after an investiga-
ion and a confidential hearing, the commission
determines that probable cause exists, it presents
a bill of charges to the Supreme Court.
The court
then hears and determines the matter.
Upon a
majority vote, the court may discipline, suspiKid,
remove, or retAre the above-named classes of
judges. Rules of procedure for the commission and
court are promulgated by the Supreme Court.
iA.S.A. SS22-144, 22-1451
6.1.3 COUNTY 'COURT
6.2.3 Referee
a.
County'Court judges may appoint referees
to hear, juvenile cases.
P4.such referees
appointed after 1975 must gelicensed attorneys gf
the state.
The 1977 General Assembly enacted into
law a provision allowing each judge to appoint a
referee to hear bastardy proceedings.
b.
Referees appointed to hear juvenile cases
possess all the authority and power of a regular
judge.
The decision of a referee ).n any juvenile
case is binding on the County Court judge.
Appeals from such ivisions are heard by trial de
novo in the Circuiegrourt.
Juvenile referees have
been appOinted in 43 of the stste's 75 counties.
1 :4:)
7
162
7.1.2 Judicial Ethics Committee.
The committee
consists of five members, one of whom is appointed
by the Governor and two eact
rhe Speaker of the
House and by the Senate Committee on*Committees.
[A.S.A. S22-1002]
7.2.2 Authority and procedure for sanction.
The
committee, also created by the General Assembly in
1977,,investigate
justices of the S
Circuit, Chancer
charges or complaints against
reme Court and judges of the
and Probate Courts.
Preliminary reviews and investigations of
'vcomplaints are confidentiaL.
If a formal
investigation is deemed appropriate, those
proceedings are held in public.
If the committge
determines from its formal investigation that
cause exists for discipline or removal, a bill of
charges is presented to the Speaker of the.House
and the President of the Senate for appropriate
actions.
.
[A.S.A. S22-1001 to S22-1005)
CALIFORNIA
Court of Last Resort
1.1 SUPitME COURT.
The Supreme Court may transact
business at any time.
Historically, the Supreme
Court has maintained its principal office in San
Francisco, notwithstanding Section 1060 of the
Government Code, which provides that justices of
the Supreme Court "shall reside and keep their of-
fices in the City of Sacramento."
The court holds
regular sessions in San Francisco, Los Angeles, and
Sacramento and may hold special sessions elsewhere.
[Constitution, Article VI, Section 2; Califor-
nia Code of Civil Procedure (hereinafter Cal.
Code Civ. Proc.) Section 41; California Rules
of Court, Rule 21(a)]
1.2 Organization.
The Supreme Court does not sit
in panels or divisions.
1.3 Jurisdiction
a. The Supreme Court has original jurisdiction
in habeas corpus proceedings and in proceedings for
extraordinary relief in the nature of mandamus,
certiorari, and prohibition.
b. A direct appeal is automatically taken to
the Supreme Court in criminal cases in which judg-
ment of death has been pronounced.
Any party may
petition for a hearing ih the Supreme Court after
a decision by a Court of Appeal.
Also, the Supreme
Court may, before final decision, transfer to it-
self for decision a cause in a Court of Appeal.
The Supreme Court may directly, without interven-
tion of a Court of Appeal, review a decision ren-
dered by a Superior Court on appeal to it from a
trial court by issuing a writ of certiorari where
it is shown that the Superior Court has acted with-
out, or in excess of, its jurisdiction [See Auto
Equity Sales, Inc. v. Superior Court (1962) 57 Cal.
.2d 450].
The court also has exclusive jurisdiction
for discretionary review of final decisions of the
California Public Utilities Commission by means of
a statutory writ of review.
[Cowie., Art. VI, SSIO, 11, 12; California Pub-
lic Utilities Code (hereinafter Cal. Pub. Util.
Code) .Sections 1756, 1759; Cal. Rules of Court,
Rules 28, 58]
1.4 Justices (7)
a. The,Chief Justice is selected in the same
manner as the associate justices and serves in
this role for the entire term.
b. Supreme Court justices pust have been mem-
bers of the state bar or must'fiave'served as judges
of courts of record in the tate for 10 years im-
mediately preteding selection to the Supreme Court.
c. The Governor fills vacancies on tbe Supreme
Court by appointee
.
-Appointments are subject to
confitmation by the Commission on Judicial appoint-
ments (reference Ta le 12:
Characteristics of,ju-
dicial nominating commissions). -The commission is
composed of the Chief Justice, the attorney gen-
eral, and, when a nomination or appointment to the
163
Supreme Court is to be considered, the presiding
justice who has presided longest on any Cpurt of
Appeal.
Justices must stand for retention
elections at the same time and places as the
Governor.
They run unopposed on a nonpartisan
ballot.
Their terms of office are 12 years
beginning the Monday after January 1 following
their election.
[Const., Art. VI, SS7, 15, 16, 16(a), 16(d);
California Electioils Code (hereinafter Cal.
Elec. Code) Section 37]
1.5 Adminstration
a. The Judicial Council (reference Table 29:
Judicial councils and conferences) is the chief ad-
ministrative body of the state judicial system.
The Chie4 Justice serves as chairperson of the Ju-
dicial touncil and is the administrative head of
the court system.
The Chief Justice exercises ad-
ministration and supervision over the entire court
system through the Administrative Director of the
Courts, the administrative presiding justices of
the Courts of Appeal, the presiding judges of the
Superior Courts, the executive officers of the Su-
perior Courts, and the presiding judges of the
Municipal Courts.
Reference Section 5.1 (General
administrative authority).
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The clerk of the Supreme Court is appointed
by the court and serves at its pleasure.
In addi-
tion to the duties prescribed by law, the clerk
performs such duties as required of him by the
rules, orders, and practices of the court.
[Const., Art. Vt, S6; California Government
Code (hereinafter Cal. Gov. Code) Section
68840; Cal. Rules of Court, Rule 995]
1.6 Rule-making.
The Judicial Council (reference
Table 29:
Judicial councils and'conferences) makes
rules for court administration, practice, and pro-
ced re, not inconsistent with statute.
Collat., Art. VI, S6]
Interme
Ilate Court
transact
of Appea
elar ees
times sp
or divisi
OF APPEAL.
The Courts of Appeal may
usiness at any time.
Each of the Courts
and each division thereof must hold reg-
ions at least once in each quarter at
cified by the court.
A Court of Appeal,
n-thereof, may hold special sessions in
another appellate district when the causes sched-
uled for hearing during a special session havebeen
transferred to the court by the Supreme Court from
the appellate district in which the special session
is to be held and the iession has been approved by
the Chief Justice.
[Cal.' Code Civ. Proc. S41; Cal. Rules of Court,
Rules 21(a), 21(b)]
1 ij
Figure 1:
California court system, 1980
Om
_
J adssent
o f death.
SUPIDIR COURT
7 justices
Jurisdiction;
Direct appeala of judgment of death.
All other appeals are discretionary.
- Review of aome administrative agency final
decisions.
t
COURTS or APPEAL (5)
59 judges
Jurisdiction;
- Appeala from Superior Court (except in
judgment of death) and from administrative
agencies.
SUPERIOR COURT (56)
607 Judges
&Imam! COURT
APPELLATE DEPARTMENT
Jurisdiction:
'
(Established in every
- Civil, netters over
county and city that
$15,000.
has any Municipal or
Issues permanent in-
Justice Courts.)
Junctions .
Jurisdiction:
Exclusive probate.
- Appeals de novo of
Domestic relations.
small claims cases
- Exclusive felony jurie-
from Municipal Courts
diction,
and civil cases from
- Exclusive juvenile.
Justice Courts.
Appeals on record of
other Municipal Court
cases and criminal
cases from Justice
Courts.
- Review of decisions
of some administra-
tive agencies.
Jury trials.
t
MUNICIPAL COURT (S2)
472 judge's
Juriedictions
- Civil actions under $15,000, mall
claims under $750.
- Miedemeanore, ordinance violations,
and preliminary hearings.
Jury trials.
ItIndicates route of appeal.
t
JUSTICE COURT (100)
96 judges
Jurisdiction:
Civil low under $15,000, small claims
under $750.
- Misdemeanors, ordinance violations,
prelisinary hearings.
Jury t rials.
164
lle
i
]
111/
.
Court of
last
resort
Intermediate
eppellate
COUrt
Court of
general
juriediction
Courts of
limited
jurisdiction
/
2.2 Or/anization.
The state is divided into five
appellate.districts, each having a Court of Appeal
composed of one or more divisions.
A Court of Ap-
peal conducts itself as a 3-judge court.
Concur-
rence of two judges present at the argument is nec-
essary for a judgment.
Const., Art. VI, S3; Cal. Gov. Code S69100 to
691051
2.3 Jurisdiction
a. The Courts of Appeal have original jurisdic-
tion in habeas corpus proceedings and in proceed-
ings for extraordinary relief in the nature of man-
damus, certiorari, and prohibition.
b. With the exception of death penalty cases
that automatically are appealed directly to the
California Supreme Court, the Courts of Appeal have
appellate jurisdiction when the Superior Court has
original jurisdiction and in other causes pre-
scribed by statute.
Cases arising in the Municipal
and Justice Courts and on appeal in the Superior
Court may be transferred to and reviewed by the
Courts of Appeal when the Superior Court certifies
or the Courts of Appeal determine that such trans-
fer appears necessary to secure uniformity of
decision or to settle important questions of law.
Final orders of the California Agricultural Labor
Relations Board (A.L.R.B.) are directly reviewable
in the Courts of Appeal.
Decisions of the Workers'
Compensation Appeals Board (W.C.A.B.) and of the
Alcoholic Beverage Control Appeals Board
(A.B.C.A.B.) are subject to limited review in the
Courts of Appeal pursuant to statutory writs of
review.
fConst., Art. VI, SSIO, 11, Cal. Rule of Court,
Rules 56, 57, 61-69; Cal. Code Civ. Proc. S911,
California Penal Code (hereinafter Cal. Pen.
Code) Section 1471; Burrus v. Municipal Court
(1973) 36 Cal. App. 3d 233, California Labor
Code (hereinafter Cal. Lab. Code) Sections
1160.8, 5950, 5952, 5955 (Workers' Compensa-
tion Appeals Board); and California Business
and Professions Code SS23089, 23090, 23090.2,
23090.5 (Alcoholic Beverage Control Appeals
Board))
2.4 Judges (59)
a. There is no provision for a chief judge over
all the Courts of Appeal.
In Courts of Appeal
having more than one division, the Chief Justice
may designate one of the presiding judge& to act as
an administrative presiding judge, to serve at the
pleasure of the Chief Justice.
b. Courts of Appeal judges must meet the same
requirements as Supreme Court lustices.
Reference
Section 1.4.b.
c. Vacancies on the Courts of Appeal are filled
by appointment by the Governor.
Appointees are
subject to confirmation by the Commission on Judi-
cial Appointments (reference'Table 12:
Character-
istics of judicial nominating commissions).
Judges
then fiee retention elections in their districts
at general elections at the same time and places
,
as the Governor.
They run unopposed dn a nonparti-
san ballot.
Their terms of office are 12 years,
beginning the Monday after January 1
following
their election.
(Const., Art. VI, SS16, 16(a), 16(d); Cal.
Elec. Code 137; Cal. Rules'of Coutt, Rule 751
2.5 AdMinistration
a. There is
ii(5 provision for a chief judge
over all the Courts of Appeal.
The administrative
presiding judge for each appellate district per-
forms those duties that are specified in rules
s
165
adopted by the Judicial Council (reference Table
26: Judicial councils and conferences) and, in
addition, those duties that may be delegated to
him with the concurrence of the Chief Justice by a
majority of the judges of the court in the district
he serves.
The administrative presiding judge
acts on behalf of the court, with the approval of
a majority of the judges in the district, in con-
nection with general court administration, includ-
ing matters involving budgets and personnel.
b. There are no provisions for an administrator
over all the Courts of Appeal or for administrators
for the five appellate districts.
Reference Sec-
tion 5.2.b (state-level administrator).
c. Each Court of Appeal appoints a clerk, who
serves at its pleasure.
In addition to the duties
prescribed br law, each clerk performs such duties
as are required of him by the rules, orders, &nd
practices of the appointing court.
The clerk is
required to cooperate with the Judicial Council and
keep such records and make such reports to the
council as its chairperson requires with respect
to the condition and manner of disposal of judicial
business in the court.
(Cal. (,ov. Code SS68505, 69140, Cal. Rules of
Court, Rules 75, 76(5))
2.6 Rule-making.
The Courts of Appeal may make
rules for self-government not inconsistent with Iaw
or with the rules promulgated by the Judicial Coun-
cil (reference Table 29:
Judicial councils and
conferences).
(Cal. Gov. Code S68070)
Court of General Jurisdiction
3.1 SUPERIOR COURT.
The Superior Court holds reg-
ular sessions commencing on the first Monday of
January, April, July, and October, and special ses-
sions at such other times as may be prescribed by
the judge or judges of the court, except that in
the City and County of San Francisco the presiding
lodge prescribes the times of holding such special
sessions.
There may be as many sessions of a Su-
,
perior Court sitting at the same time,as there are
judges elected, aPpointed, or assigned to the
couft.
Whenever, in the opinion of the judge or a
majority of the judges of the Superior Court of any
county, the public interests so justify or require,
one or more sessions of the Superior Court, known
as extra sessions, may be held in addition to and
at the same time as the other sessions of the
court.
(Cal. Gov. Code SS69741, 69741.5, 69790, 69791
to 69801)
3.2 Organization.
In each county there is a Supe-
rior Court of one or more judges.
Generally, each
Superior Court is required to hold sessions at the
county seat and at such other locations, if Any
As are provided by statute.
The Board of Super-
visors of,Los Angeles County, by ordinance, may
divide the county into not more than nine Superior
Court districts, none of which may have a popula-
tion oCie-ss than 250,000, within which one or more
sest;ions of the Superior Court are held:
The Board
of Supervisors may in the same or subse'quent ordi-
nance,.designate one or more locations within each
disSrict at which sessions will be held.
An ordi-
nance creating additional districts may not result
in more than 11 districts in the county.
There Is
an Appellate Department of the SuPerior Court in
every county and city that has one or more Muni41-
pal or Justice,Courts.
1
[Const., Art. VI, S4 see Cal. Gov. COde
SS69580 et seq, 69641, 69642, 69644, 69645,
69741); (see also Cal. Gov. Code SS69741,
69742 to S69749, S69749.3); Cal. Code Civ.
Proc. S771
p.3 Jurisdiction
a. The Superior Court has trial jurisdiction
in all felony cases.
The Superior Court has orig-
tnal jurisdiction in habeas corpus proceedings and
in proceedings for extraordinary relief in the
nature of mandamus, certiorari, and prohibition.
In addition, the court has original jurisdiction
in all causes "except those given by statute to
other trial courts (i.e., Munic'ipal and Justice
Courts)."
The Superior Court has jurisdiction in
civil cases in which the amount involved exceeds
b. Superior Court judges must meet the same
requirements as Supreme Court justices.
Reference
Section 1.4.6.
c. Superior Court judges are chosen in
their
counties at general elections.
The term of office
is 6 years.
The special method of selecting appel-
late court judges by appointment of the Governor
and confirmation by the Commission on Judicial Ap-
pointments (composed of the Chief Justice, the at-
torney general, and the presiding judge of the
Court of Appeal who has presided longest on any
Court of Appeal or the prebiding judge of the
Court of Appeal of the affected district) may be
ifmade applicable to the Superior Courts in the man-
ner authorized by statute in counties approving
the
plan by tLjority vote of the voters.
In,no county
has the plan been implemented for trial courts.
[Const., Art. VI, SS16(b), 16(e), 16(d); see
Cal. Elec. Code, §25330 et. set. Witkin, Cali-
fornia Rrocedure (2d ed., 1970) S3 Courts, p.
296; Lai. Gov. Code S695081
3.5 Administration
a. Whereas there is no provision for a chief
judge over all the Superior Courts, there are pre-
siding judges for the individual courts.
The pre-
siding judge's administrative dutLes are set forth
in California Rules of Court, Rule 244.5(a).
The
presiding judge is required to prepare, with the
assistance of appropriate committees of the court,,
proposed local rules of court necessary to expedite
and facilitate the business of the court.
The pre-
siding judge designates the judge to preside in
each department, including a master calendar judge
when that is appropriate, and designates a super-
vising judge for each district or branch court.
The presiding judge assigns to the master calendar
judge any of the duties that may be performed more
appropriately by that department.
The presiding
judge apportions the business of the court among
the several departments of the court as equally as
possible.
The presiding judge causes to be pub-
lished for general distribution copies of a current
court calendar setting forth the assignments of
the
judges, the times and places assigned for hearing
the various_types of court business, and any spe-
cial carelidaring requirements adopted by the court
for such hearings.
The presiding judge may reas-
sign cases assigned to one department to any other
department as convenience or necessity requires.
It is the responsibility of the presiding judge to
prepare an orderly plan of vacations and
attendance
at schools, conferences, and workshops-for
judges
and submit such plan to the judges for consider-
ation.
(California Rules of CoUrt, Rule
244.5(a)(9) provides that 21 court days a year is
a proper vacation period for
Superior Court judges,
and attendance at a California school, conference,
or workshop for judges is not deemed vaction time
if such attendance is in accord with the plan and
has the prior approval of the presiding judge.)
The presiding judge calls meetings of the judges
as needed and appoints standing and special com-
mittees of judges to assist in the proper perfor-
mance of the duties and functions of the court.
The presiding judge supervisetit the administrative
business of the L:ourt and has general direction and
supervision of the attaches 4non-judicial personnel
with various duties, commissions who perform sub-
ordinate judicial duties, as well as other court
personnel) of the court.
The presiding judge must
provide for an appropriate orientation program for
new _lodges as soon as is feasible
after appoint-
ment or election.
California Rules of Court, Rule
244.5(a) (16) provides that the presiding judge of
$15,000.
The Superior Court is also referred to as the
Probate Court, the Juvenile Court, and the Concil-
iation Court when hearing probate, juvenile, and
domestic relations matters, respectively. The Su-
perior Court has exclusive trial jurisdiction in
many cases in equity (however small the amount
in
controversy may be) because the legislature has
made only a limited grant of such jurisdiction to
the Municipal and Justice Courts.
The Superior
Court alone has the power to issue permanent in-
junctions.
b. The Appellate Departments of the Superior
Courts have appellate jurisdiction in causes pre-
scribed by statute that arise in Municipal and Jus-
tice Courts in their counties.
The Superior Court
also hears appeals from decisions of Municipal and
Justice courts.
All appeals except in small claims
cases are heard by a three-judge appellate depart-ea
ment in each county.
Appeals to the Superior Court
are governed by rules adopted by the
Judicial Coun-
cil (reference Table 29:
Judicial councils and
conferences).
Appeals may also be transferred from
the Superior Court to the Courts of Appeal.
Review
of decisions of most administrative agencies is in
the Superior Court, by means of a writ of mandamus
based on the administrative record.
The Supreme
Court, however, has exclusive jurisdiction for re-
viewing final decisions of the California Public
Utilities Commission; and final orders and decis-
ions of the California Agricultural Labor Relations
Board, Workers' Compensation Appeals Board, and
Alcoholic Beverage Control Appeals Board are
directly reviewable in the Courts of Appeal.
[Const., Art. VI, SIO (see also Cal. Code Civ.
Proc. S1067 et. seq..); Const., Art. VI, S11;
(gee also Code Civ. Proc. SS77, 117.10, 901,
904.2); Cal. Pen. Code SS1466, 1468, 1469;
California Probate Code Section 301; California
Welfare and Institutions Code Section 245; Cal.
Code Civ. Proc. SS86, 1094.5, 17407; Witkin.,
Vol.
I, California Procedure (2d ed., 1970)
.S173 Courts, p. 441; Cal. Pub. Util. Code
SS1756, 1759; Cal. Rules of Court, Rules 58,
61-69, Cal. Lab. Code S1160.8 (A.L.R.B.);
Lab. Code SS5950, 5942, 5953, 5955; Cal. Rules
of Court, Rule 23090.2, 23090.5 (A.B.C.A.B.)1
3.4 bes (607)
a. There is no provision for a chief
judge over
all the Superior Courts.
The judges of each Supe-
rior Court having three or more judges choose
from
their own members a presiding judge who serves at
their pleasure.
In Superior Courts with two
judges, a presiding judge is selected each calendar
year.
If a selection cannot be agreed upon, then
the office of presidingtpdge is rotated each cal-
.'
endar year.
166
1 C3
the Superior Court, when appropriate, meets with
or designates a judge or judges to meet with any
committee of the bench, bar, and news 'media to
review problems and to promote understanding of
,the principles of fair trial and free press, under
paragraph 9 of the 'Joint Declaration Regarding
News Ceverage of Criminal Proceedings in Cali-
fornia'.
b. There is no provision for an administrator
over all the Superior Courts.
Any Superior Court
may, however, appoint an executive officer who
holds office It the pleasure of the court and exer-
cises such administrative powers and performs other
duties as may be required of him by the court.
The
executive officer has the authority
a clerk of
the Superior Court and the Superior Court may, by
local rule, specify which powers, duties, and re-
ponsibilities of the county clerk are to be exer-
cised or performed by the executive officer.
c. There is no separate office of clerk of the
Superior Court.
Each county clerk is ex officio
clerk of the Superior Court of his county and it
is one of his official duties as county clerk to
act as clerk of the Superior Court.
He has respon-
sibilities as determined by the court.
(Const., Art. VI, i4; Cal. Gov. Code 5526900,
69898(c), 69898(d); Cal. Rules of Court, Rules
244.5, 244.5(a) (9, 16)1
3.6 Rule-making.
The Superior Court may make rules
for its own government and the government of its
officers not inconsistent with law or with the
rules adopted and prescribed by the Judicial Coun-
cil.
The presiding judge of each Superior Court
prepares with the assistance of appropriate commit-
tees of the court such proposed local rules as are
required to expedite and facilitate the business
of the court.
Such rules must be submitted to the
local bar for consideration and recommendations,
approved by a majority of the Superior Court
judges, filed with the Judicial Council, and Tub-
*lished for general distribution.
(Cal. Gov. Code 168010, 68071; Cal. Rules of
Court, Rules 244.(a)(1)]
Courts of Limited or Special Jurisdiction
4.1.1 MUNICIPAL COURT.
There may be as many ses-
sions of a Municipal Court sitting at the same time
as there are judges elected, appointed, or assigned
to the court.
ECal. Gov. Code 171340]
4.2.1 Organization.
Sessions of a Municipal Court
may be held at any place or places with4, the dis-
trict for which the court is established,. Where a
Municipal Court district embraces two or more
cities, Municipal Court sessic:ns are Field at such
places within the district as the Board of Super-
visors designates from time to time as the public
convenience requires.
The Board of Supervisors of
each county may divide the county into judicial
districts.
Except in San Diego County, no city May
be divided so as to lie within-more than one dis-
trict.
A Municipal Court is to be established in
each judicial district of more than 40,000 resi-
dents.
The Municipal Court is divided into as many
departments as there are judges of the court.
(Const., Art. VI, 15(b); Cal. Gov. Code
iS71040, 71043, 71341, 71342, 72270]
4.3.1 Jurisdiction
'a. The Municipal Court has trial jurisdiction
in craminal misdemeanor and infraction cases.
In
addition, Municipal Court judges act as magistrates
167
conducting preliminary hearings in felony cases to
determine whether there is probable cause to hold
a defendant for further proceedings or trial im the
Superior Court.
Generally, the Municipal Court has
original trial jurisdiction in civil cases in which
the amount involved is $15,000 or less,
The Mu-
nicipal Court has no general equity jurisdiction,
but it does have jurisdiction over the limited
number of equitable actions that are specified in
Section 86 of the Code of Civil Procedure.
The
court also has jurisdiction in all cases when
equity is pleaded as a defensive matter in any case
otherwise properly pending in the court.
The Mu-
nicipal Court exercises jurisdiction in simplified
small claims proceedings where the amount.claimed
does not exceed $750.
b. The Municipal Court has no appellate juris-
diction.
(Const., Art. I, 114; Cal. Code Ctv. Proc. 186
subd. (b)(2), 11116. 116.2, 117, Cal. Pen.
Code 1859 to 883, 11462]
4.4.1 Judges (472)
a. Annually, the judges of a Municipal Court
choose from their number a presiding judge.
The
presiding judge may be removed at any time and
another chosen by majority vote of the judges.
In
Municipal Courts with two judges, the presiding
judge is selected on the basis of administrative
qualifications and interest each calendar year.
If a selection cannot be agreed upon, then the of-
fice of presiding judge is rotated each calendar
year between the two judges commencing with the
senior judge.
b. Municipal Court judges must have been mem-
bers of the state bar for 5 years immediately pre-
ceding selection to the Municipal Court.
Section
71140 of the Government Code requires, in addition,
that Municipal Court judges must have been resi-
dents eligible to vote in the judicial districts
or cities and counties in which they are elected
or appointed for a period of at least 54 days prior
to the date of their election or appointment.
There sre, however, some exceptions to the resi-
dence requirement.
c. Municipal Court judges are elected by the
voters of their respective districts st the general
state election next preceding the expiration of the
term for which the incumbent has been elected.
The
term of office of Municipal Court judges is 6
years.
Yacancies in Municipal Courts are filled
by appointment of the Governor.
(Const., Art. VI, 1115. 16(b); Cal. Gov. Code
1171140, 71140.3, 71141, 71145, 71180, 72271,
72271.5]
4.5.1 Administration
a. The presiding judges assign the judges to
their respective departments.
Subject to the regu-
lations of the Judicial Council (reference Table
29:
Judicial councils and conferences), the pre-
siding judges apportion the business of the court
among the several departments-and transfer cases
from one department to another if necessary or con-
venient to facilitate the dispatch of the business
of the court.
Presiding judges of the Municipal
Court have the same administrative duties aw-pre-
siding judges of the'Superior Court.
Referenre
Section 3.5.a.
b. There are nO piovisions for administrators
for the Municipal Court.
Reference Section 5.2.b
(state-level administrator).
c. The clerks of the Municipal Court are ap-
pointed by the judges of the court.
With respc
to proceedings in the Municipal Court, the clerks
1 (")
of the Municipa
Courts have
e same powers that
are conferred by
n the
ounty clerks with
respect to proceedings t
the
rior Court.
They
have responsibilities as etermin
by the court.
(Cal. Gov. Code 1171 81, 72050,
0.2 et.
!!2., 72272, 72274. Cal. Rules of Co
t, Rules
532.5, 5331
4.6.1 Rule-makinf
The rule-making pore
of the
)kinicipal Court t
the same as that o
he Superior
Court.
Reference Section 3.6.
(Cal. Rules of
urt, Rule 53 .5; see also Cal.
Rules of Court, Rule 981)
4.1.2 JUSTICE COURT.
of
Justice Court at th
judges elected, appoints
court.
(Cal. Gov. Code 1713401
4.2.2 Organization.
A Justice Court is established
in each judicial district of 40,000 residents or
less.
The Board of Supervisors designates by or-
dinance the place or places within the district
where sessions of the Justice Court are to be held.
It may change the places if public convenience re-
quires.
There are no specialized divisions of the
court.
(Conet., Art. VI, 15; Cal. Gov. Code 1713411
4.3.2 Jurisdiction
a. The jurisdiction of the Justice Court
is the
same as and concurrent with that of the
Municipal
Court.
Reference Section 4.3.1.a.
b. The Justice Court has no appellate jurisdic-
tion.
(Cal. Code Civ. Proc. 183; Cal. Pen. Code
11462.1)
4.4.2 Judges (96)
a. The Justice Court has no presiding judge.
b. Justice Court judges must be attorneys and
must be residents of the counties they. are to serve
at the time of their selection.
c. Justice Court judges are elected at
general
elections in their judicial districts.
The office
is nonpartisan.
Their terms of office are 6 years.
(Const., Art. VI, I16(b); Cal. Gov. Code
1571701, 71145; Cal. Elec. Code 1411
4.5.2 Administration
a. There are no provisions lor presiding judges
for the Justice Court.
b. There are no provisions for administrators
for the Justice,Court.
Reference Section 5.2.b
(state-level administrator).
c. ClIrks of the Justice Courts are
appointed
by the courts.
They have responsibilities as
determined by the court.
(Cal. Gov. Code 171181)
4.6.2 Rule-makilf.
The Justice Court has the au-
thority to make local rules not inconsistent'with
law or with the rules adopted and prescribed by
the Judicial Council.
iSee Cal. Rules of Court, Rules 701, 532.5,
9811
ere may
e as many sessions
tme as there are
r assigned to the
State-Level Administration
-
5.1 General.,administrative authority.
The chief
administrative body of the etate judicial system
is the JuclicialTouncil (referenee Table 29:
Ju-
dicial councils and conferences).
To improve the
administration pi justice, the constitution directs
the Judicial Council to survey'judicial business
and make recommendations to the courts and annual
icr
recommendations to the Governor and the legisla-
ture.
The Judicial Council also is required to
adopt rules for court administration, practice, and
procedure, not inconsistent with statute.
The
Chief Justice is the dministrative head of the
court system.
The Chief Justice serves as chair-
person of the Judicial Council and serves on the
Commission on Judicial Appointments.
Under the
California Constitution, the Chief Justice must
seek to expedite judicial business and to equalize
the work of judges.
The Chief Justice may assign
eny judge to another court, but only with the
judge's consent if the court is of lesser jurisdic-
tion.
Judges must report to the Judicial Council
as the Chief Justice directs concerning the condi-
tion of judicial business in their courts.
The
Chief Justice appoints the judicial members of the
Judicial Council.
In Courts of Appeal having more
than one division, the Chief Justice may
designate
one of the presiding judges to act as an adminis-
trative presiding judge, to serve at the pleasure
of the Chief Justice.
Reference Section 1.5.a.
(Const., Art. VI, 116, 7; Cal. Rules of Court,
Rules '75, 9951
5.2 Administrative Office of the Courts
a. The Administrative Office of the Courts
is
authorized by California Constitution.
(Article VI, 56; California Rules of Court,
Rule 9911
b. Administrative Director of the Courts
(1) The position of Administrative Director
of the Courts is authorized by California Constitu-
tion, Article VI, 56.
(2) The Judicial Council appoints the Admin-
istrative Director who serves at its pleasure.
Re
must be a member of the stare bar and must have
served for 10 years as a judge of a court of record
in California immediately preceding.his appoint-
ment.
(3) The Administrative Director performs
functions delegated by the council or the Chief
Justice, other than adopting rules of court admin-
istration, practice, and procedure.
The power con-
ferred upon the Judicial Council of allocating
state appropriations for the judiciary day be exer-
cised on its behalf by the Administrative Director
in the form of an order signed.by him and approved
by the chairperson of the Judicial Council.
C. Office organization.
The Administrative
Office of the Courts consists of 53 professionals
(including the Administrative Director of the
Courts).
The professional staff provides support
services in the following areas:
records manage-
ment; court coordination and other court services;
accounting,'auditing, budgeting, and purchasing;
publications; personnel systems and office manage-
ment; and planning and research activities in-
cluding statistical compilation, research, statis-
ical analysis, and legal services.
The research
Neff provides the Judicial Courcil with the legal
168
research needed to recommend statutory changes
necessary to improve the state judicial system.
A
,legislation staff aids the council and the legis-
lature in implementing the council's legislative
proposals and in evaluating other legislative mea-
sures affecting the judicial system.
A statistical
research staff collects and analyzes judicial sta-'
tistits.
(Const., Art. WI, 116, 15; Cal. Gov. Code,
168500.5; Cal. Rules of.Court, Rules 991, 9921
Quasi-Judiciai, Officers
Figure 2:
California state-level administrative office of the courts, 1980
Director
IDeputy Director
Special Assistant
to the Director
(Sacramento)
ILegislative
Re eeeee ntation
Legislative
Aaalysis
1
Assistant Director
Legal
Research
Legal
Research
Lrbitration Program
Coordination of
Civil Actions
Secretarial
Support
I
H
I
Seeteacieg
Practices
Public
Information
COuVt
Managemeet
Services
Statistics
aed Data
Processing
Traffic
Court
Coordination
Ndb
Special
Assistant to
the Director
Budget/
Personnel
Business Office
Research
and
Training
Support
7
Judicial
Criminal Justice
Planning Committee
Secretarial
Services
Center for
Judicial
Education and
Research
Civil Trials
Benchbook
Mem Trial
Court Judges
Orientation
Sentencing
Practices
6.1.1 SUPREME COURT
6.2.1 Referee
a. Referees are appointed by the court on an
ad hoc basis.
They are usually active or retired
trial judges.
b. Referees are empowered to hear testimony
when the court has granted a request to take addi-
tional evidence on appeal.
[Cal. Code Civ. Proc. S909; Cal. Rules of
Court, Rule 23]
6.1.2 COURTS OF APPEAL
6.2.2 Referee
a. Referees are appointed by the court on an
ad hoc basis.
They are usually active or retired
trial judges.
b. Referees are empowered to hear testimony
when the court has granted a request to take addi-
tional evidence on appeal.
[Cal. Code Civ. Proc. S909; Cal. Rules of
Court, Rule 23]
6.1.3 SUPERIOR COURT
6.2.3 Trial court commissioner
a. The Superior Court may appoint court commis-
sioners, the number and authority of the commis-
sioners varying with the size of the county.
Every
Superior Court commissioner must be a citizen of
the United States-1nd must be a resident of the
state.
The appointing court may also require that
the commissioner have been admitted to practice
before the Supreme Court for at least 5 years im-
mediately preceding the appointment.
A Superior
Court commissioner holds office during the pleasure
of the court appointing the commissioner and may
not engage in the private practice of law.
b. Every court commissioner has the following
powers:
(1) In the absence or inability of the judge
to act, to hear and determine ex parte motions for
orders and writs (except injunctions).
(2) To take proof and report his concluaions
as to any matter of fact other than an issue of
fact raised by the pleadings.
(3) To take and approve bonds and examine
sureties, administer oaths, take affidavits and
depositions, and take asknowledgmens and proofs
of instruments.
(4) To charge and collect the same fees for
the performance of official acts as are allowed for
notaries public, except where compensation is
otherwisP14xed by law.
(5) To provide an official seal and authen-
ticate his official acts with such seal.
In counties having a population of 900,000 or
more, court commissioners have enlarged powers.
Subject to the supervision of the)ourt, court
commissioners in these counties may perform the
following duties:
(1) Hear and determine ex parte motions for
orders and alternative writs and writs of habeas
corpus.
(2) Take proof and make and report findings
as to any matter of fact, subject to the right of
a party to argue exceptions to the court.
(3) Take and approve bonds and examine
sureties, administer oaths, take affidavits and
depositions, and take acknowledgements and proof
of instruments.
(4) Act as judge prn tempore when otherwise
qualified so to act.
(5) Hear and report findings on all prelimi-
170
1
C.
nary matters including motions or petitions for
the custody and support of children, the allowance
of temporary alimony, costs and attorneys fees,
and issues of fact in contempt proceedings in
dissolution, maintenance, and annulment of
marriage cases.
(6) Hear, report on, and determine all un-
)contested actions and proceedings other than ac-
ei.ons for dissolution, maintenance, or annulment.
[Cal. Gov. Code SS259a, 59894.1 (Los Angeles
\ County) 59900 (San Francisco), 70141 et.
\70142; Rooney v. Vermont Investment Corp.
1973) 10 Cal. 3d 351]
6.1.4 SUPERIOR COURT
6.2.4
a.
or more referees, not exceeding three,
may be chosen by the parties or, if they fail to
agree, bY, the court.
The referee must be a resi-
dent of the county and he may be the court commis-
sionere
b. A (v61untary) reference may be ordered upon
the agreement of the parties to try any or all of
the issues in an action or proceeding whether of
fact or of law, and to report a finding and judg-
ment (i.e., a general reference) or to ascertain
some fact necessery to enable the court to deter-
mine an action or proceeding (i.e., a special ref-
erence).
In cereain narrower cases, a compulsory
reference may be directed by the court.
[Cal. Code Civ. Proc. §§638, 639, 6401
6.1.5 SUPERIOR COURT
6.2.5 Temporary judge
a. A temporary judge can be appointed by the
court on stipulation of the parties litigant.
The
judge must be a member of the state bar.
b. A temporary judge may try a cause to its
final determination.
[Const., Art. VI, §21]
6.1.6 MUNICIPAL COURT
6.2.6 Trial court commissioner
a. The commissioners of Municipal Courts must
meet the same qualifications the law requires of a
judge.
They hold office during_the pleasure of the
court appointing them and may not engage in the
private practice of law.
They are ex officio
deputy clerks.
b. Within the jurisdiction of the Municipal
Court and under the the direction of the judges,
commissioners may have the same jurisdiction and
exercise the same powers and duties as are author-
ized by law to be performed by commissioners of the
Superior Courts and such additional powers and
duties as may be prescribed by law.
At the direc-
tion of the judges, commissioners may have the same
jurisdiction and exercise the same powers and
duties as the judges of the Municipal Court with
respect to'any infraction.
A commissioner of a
Municipal Court may conduct arraignment proceedings
if directed to perform such duties by the presiding
or sole judge of the court.
[Cal. Gov. Code §§72190, 72190.1]
6.1.7 MUNICIPAL COURT
6.2.7 Traffic referee
a. The judges of a Municipal Court having three
or more judges may appoint a traffic referee who
holds office at the pleasure of the judges.
A
traffic referee must be a member of the California
State Bar or must have had 5 years of`experience
GP
as a Justice Court judge in California immediately
preceding his appointment as a traffic referee.
b. At the direction of the court a traffic ref-
eree may perform the following duties:
(1) with
respect to any misdemeanor violation of the Vehicle
Code, he may fix the amount of bail, grant continu-
ances, arraign defendants, hear and recommend
orders to be made on demurrers and motions other
than continuances, take pleas, and set cases for
hearing or erial; (2) with respect to any misde-
meanor viplation under subdivision (b) of Section
42001 of the Vehicle Code (failure to appear), in
,..
addition to the above duties, he may impose a fine
following a plea of guilty or nolo contendere, may
suspend payment of the fine, and may order the de-
fendant to attend traffic school; (3) with respect
to any infraction, he may have the same jurisdic-
tion and exercise the same powers and duties as a
judge of the court.
In conducting arraignments,
taking pleas, granting contyuances, setting cases
for trial, and imposing penalties for traffic of-
fenses, a traffic referee has the same powers as a
judge of the court.
(Cal. Gov. (ode 5572400, 72401, 724021
6.1.8 MUNICIPAL COURT
6.2.8 Referee
a. A reference may be ordered to the person or
persons, not exceeding three, agreed upon by the
parties.
If the parties do not agree upon the ref-
erees, the court or judge must appoint one or more
referees, not exceeding three, who reside in thf
county and against whom there is no legal objec-
tion, or the reference may be made to the court
._
commissioner of the county.
b. When agreed to by the parties litigant, ref-
erees can conduct the trial of the cause.
[Cal. Code 61v. Proc. 5638 to 6451
6.1.9 MUNICIPAL COURT
6.2.9 Temporary Judge
a. On stipulation of the parties, the court can
appoint an attorney to act as temporary judge.
b. Temporary judges are empowered to hear a
cause to its final determination.
[Const., Art. VI, 121; Cal. Rules of Court,
Rule 532(a)1
Judicial Discipline
7.1 Commission on Judicial Performance.
The com-
mission is the constitutional body authorized to
investigate complaints of alleged judicial miscon-
duct.
The commission consists of two judges of the
Courts of Appeal, two judges of the Superior Court,
and one judge of the Municipal Court, all appointed
by the Supreme Court; two members of the state bar
who have practiced law in the state for 10 years,
appointed by the governing body of the state bar,
and 2 public members, appointed by the Governor
subject to approval by the Senate.
[Const., Art. VI, 581
7.2 Authority and procedure for sanction.
Prior
to any disciplinary recommendation, a hearing is
held before the Commission on Judicial Performance
or upon the commissions's request, before special
masters appointed by the Supreme Court.
The spe-
ial masters are judges of courts of record, except
that when there are three special masters, not more
than two of them may be retired judges of courts
of record.
A recommendation by the commission to
censure, remove, or retire a judge is reviewed by
the Supreme Court upon a petition to modify or re-
ject the recommendation.
But where the disciplin-
ary proceeding involves a Supreme Court justice,
the commission's recommendation to censure, remove.,
or retire is subject to review instead by a tribu-
nal consisting of seven Courts of Appeal judges se-
lected by lot.
[Const., Art. VI, 518(e), Cal. Rules of Court,
Rules 907, 919, 921; see McComb v. Commission
on Judicial Performance, Vol. 19 California
Supreme Court Reports, 3d series Special Tri-
bunal Supplement, pp. 1,
71
c
4
,
/
Figure 1:
Colorado court system, 1980
SUPREME COURT
7 iut ices
risdi
t ion
- !nit lel appellate jur I sci I ct ion in
ale involving
onst I tut tonality of
atatuien, municipal charter provi-
sions, or ordinam ea, act ions of
Pshlirlltliities Cosimtsion, water
r ages, and Pier(' fon Code.
- Cert iorarl f fon other rourta,
Water rale,.
Crrrratituti,tnalitv of
siarrries, ordinance
or Municipal chrter
provision.
Appeals
f root nenver County
r flirt by certiorari.
COURT Of AP EF AI
I O judges
lu r i s d let ion
Appels f rom lower
our t +, indest
Commiaston, Ranking hoard, hoard
of Medical Examiners, Board of
Dental Examiners, Commissioner ot
Insurance, hoard of Education on
teacher dismissal proceedings,
and Civil Right+ Commission.
DISTRICT WWI' (22)
106 lodges
WATER COURT (7)
DISTRIC.T COURT (22)
7 ditrict judges serve
99 judge+
lisristitct ton
Jurisdict ion
Exclusive original Juni.-
Original
jur I sdict ion in doziest i
dicr ion in di spute over
re lat ions, prolate, and mental health
water right, nd the
matter. except in Denver.
Advil list ra, Ion of water.
Original jurisdict ton in
rinittal
Matter,.
Juvenile matters except in Deo,er.
Appeals on record.
Court has di sc ret ton
to order t r ia I+ de novo.
Jury trial+.
courts of
record.
NI' IPA! (WIT (21))
pidgeisrim
lirrn1
ipa
r,119,41,e v.irri it
Trart
Jt''e inea.
(Muni Lia I
iurts are sot prt
if the state
riort ysteal.
ills+ are organized and operated
at tne In, al level hut =rat ad-
here rsi Supreme rxrurt rule,
1. not of
record.
tIndic atom roots
ppeal.
CUPERfoR eOrRI
I
judge
lu r I scltu t I on
Civil artirrn,t between $1,000
sod s %ono.
Appeals on record f roe Denver
Cciunt y Court.
Jury t rials.
Deever County Court
only (which sits
as both a Muni, tpa
and County (,ourt
COUNTY ('OURT (n ))
OR judges
lur isdl t ion
- Ci vi I art ions onder SI ,inr) ex, opt t It les t
or imenindary of real properiv.
/
aims
division handles cages under 55O0,
- Preliminary hearings, misdemeanors,
and statutory of fens....
Traffic offenses.
Oppea Is de nov,
Jury trials.
r
11
DFATtli A
l0'1I-N111.
I HURT
1
judges
It, I sd I
t
- EX. lrotive jurisdiction
in
d op t ion, parent agi ,
and support matters.
- Ex, lusive
Int isdict Ion
In Juvenile Matters.
trials.
DENVI. 0 EROHATii
in RI
I
judge
Jur isd
t Ion
Fs(
t ton
non r all prurbate
und
mental health nearing,.
and developmental
disability ratters.
tors t rials.
bourt
.ut
last
resort
Intermediate
appellate
emir t
coo r t
il
general
jun I sd I rt ion
Courts of
limited
jor I sd:i t Ion
COLORADO
Court of Last Resort
1.1 SUPREME COURT.
The Supreme Court sits in
Denver.
The statutes presently require three
separate terms beginning the second Monday in
September, January, and April.
Special terms may
be requested by the Supreme Court.
[Constitution, ArticlejI, Section 4; Section
13-2-101 Colorado Revised Statutes 1973 (here-
,
inafter C.R.S. 1973)1
1.2 Organization.
The Supreme Court sits en banc
to decide all matters.
[State Court Administrator]
1.3 Jurisdiction
a. The Supreme Court has power to issue writs
of habeas corpus, mandamus, quo warranto, certio-
rari, injunction, and other original and remedial
writs.
The court may give its opinion on important
questions when required by the Governor or legis-
lature.
It has jurisdiction in matters relating
to the admission, grievances, and registration of
attorneys, and the maintenance of the law library.
b. The Supreme Court has final appellate review
over every final judgment of all trial courts.
The
court has other appellate review as provided by
0
law.
[Const., Art. VI, ISZ, 3; IS13-2-117, 13-2-118
C.R.S. 1973, Colorado Rules of Civil
Procedure, Rule 2421
1.4 Justices (7)
a. The Supreme Court selects a Chief Justice
from its own membership.
The Chief Justice serves
at the pleasure of the court.
b. Sbpreme Court justices must be qualified
voters of the state and must have been licensed to
practice law in the state for 5 years.
c. Supreme Court justices are appointed by the
Governor from a list of three nominees submitted
by the Supreme Court Nominating Commission (refer-
ence Table 12: Charactertstics of judicial
nominst-'
ing commissions).
After serving for 2 years, a
justice may then run for retention on a nonparttsah
ballot for a fUll term of 10 yeafs.
IConst., Art. VI, 115, 7, 8, 20, 251
1.5 Administration.
a. The Chief Justice is the executive head of
file court system,
The Supreme Court exercisiss
administration and supervision over the entire
court system through the State Court Adminis-
.
trator, chief judges, and trial court adminis-
trators.
Reference Section 5.1 (General adminis-
trative authority).
The Chief Justice, however,
has no specifically articulated duties with regard
to the administration of the Supreme Court.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The Stat. Court Administrator serves as
clerk.
He is selected by the Supreme Court and
serves at th. pleasure of the court.
He must be a
173
college graduate and have thorough experience in
court administration.
The administrator has re-
ponsibilities as delegated by the court.
[Const., Art. VI, 15; A Report on the Position
Classification, p. 12211
1.6 Rule-making.
The Supreme Court hat the power
to promulgate general rules of practice and proce-
dure for the courts of record.
The court promul-
gates rules governing the administration of all
courts.
It may make rules of practice, and pre-
scribe forms of process and regulations for the
keeping of records and proceedings of the court,
not inconsistent with the constitution or laws of
the tate.
[Const., Art. VI, 152, 21; 1113-2-108,
13-2-109, 13-2-110 C.R.S. 19731
N\
Intermediate Appellate Court
2.1 COURT OF APPEALS.
The Court of Appeals sits
in Denver but any division of the couft may sit in
another county seat to hear oral arguments.
The
court sits in continuous session.
[i13-4-107 C.R.S. 1973; State Court Adminis-
trator]
2.2 Organization.
The Court of Appeals, a court
of statewide jurisdiction, sits in divisions of
three judges each to determine all mattefs.
The
chief judge makes the division assignments with the
approval of the Chief Justice.
[i13-4-106 C.R.S. 19731
2.3 Jurisdiction
a. The Court of Appeals has no original juris-
.
diction.
b. The Court of Appeals has initial jurisdic-
tion over ppeals from the District Court, Superio
Court, Denver Probate Court, and Denver Juvenile
Court with the following exceptions:
(1) Cases in which the constitutionality of
a statute, municipal charter provision, or ordi-
nance is in question.
(2) Decisions of the Public Utilities Com-
mission.
(3) Water cases involving przorities or
adjudications.
(4) Writs of habeas Corpus.
(5) Cases appealed from the County Court to
the District Court. or Superior Court.
(6) Cases appealed from the Municipal Court
to (he District Court or Superior Court.
The Court of Appeals has initial jurisdic-'
tion to review actions of the Industrial Commission
and of the Banking Board regarding charters,
The
Court of Appeals issues any writs, directives,
orders, and mandates necessary to the determination
of cases within its jurisdiction.
[113-4-102 C.R.S. 1973; State Court Adminis-
,
tratorl
2.4 Judges (10)
a. The chte judge ts selected from the Court
of Appeals judges by the Chief Justice, and serves
at his pleasure.
His term as chief judge is
determtned by the Chief Justice.
b. Court of Appeals judges must be qualified
voters of the state and must have been licensed to
practice law tn the state for 5 years.
c. Court of Appeals judges are appointed by the
Governor from a list of three nominees submttted
by the Supreme Court Nominating Commission
(reference Table 12:
Characteristics of judicial
nominating commissions).
After serving far 2
years, a judge may then run for retention on a
nonpartisan ballot for a full term of 84Iears.
(Const., Art. VI, 1120, 25, 1113-4-103,
13-4-104, 13-4-105 C.R.S. 1973)
2.5 Admtntstration
a. The chtef )udge has admintstrattve authority
over the Court, to the extent delegated by the
Chtef Justice.
The chief judge is responsible for
the assignment of judges to divisions and the
transfer of cases within the court and may, with
other members of the court, appoint court personnel
as authorized by the Supreme Court through a com-
prehenstve statewtde personnel staffing plan.
b. The admintstrator of the Court of Appeals
ts the clerk.
c. The clerk is selected by the judges of the
court and erves at their pleasure.
Qualifications
for clerk of the Court of Appeals are as follows:
graduation from an accredited college or univet-
sity, and considerable experience in court adminis-
tratton or a master's degree in judicial adminis-
tration.
The clerk ts responsible for all admin-
tstrative services of the court, direction of
personnel, procurement of supplies and equipment,
and other duties of a court administrator.
(1113-3-105, 13-4-105, 13-4-106, 13-4-111
C.R.S. 1973; A Report on the Position Classifi-
catton, p.
1222; State Court Administrator)
2.6 Rule-maktng.
Rule-making powers restde in the
Supreme Court.
Reference Section 1.6.
iConst., Art. VI S21; 1113-2-108, 13-2-109
C.R.S. 19731
Court of General Jurisdiction
3.1 DISTRICT COURT.
Terms are fixed by court rule.
1113-5-101 C.R.S. 1973)
3.2 Organization.
There are 22 judtcial dis-
tricts, composed of one to seven counties.
Each
county has a District Court.
Separate divisions
of the Dibtrtct Court may be established by law,
or by rule of court.
[Const., Art. VI, 110, 113-5-102 to 113-5-123
C.R.S. 1973; State Court Administrator]
3.3 Jurisdiction
a. The District Court, except in the city and
county of Denver, has original jurisdiction in all
crtmtnal, civil, probate, and juvenile cases.
Denver District Court has original jurisdicton in
criminal and civil cases only. Jurtsdiction over
other matters has been given to the Denver Juvenile
Court, Denver Probate Court, and Denver Superior
Court.
Exclusive original jurisdiction in disputes
over water rights is vested in the District Court.
The tate ts divided into -seven water divisions
with one District Court (commonly referred to as
thett "Water Court") handling all.waters matters in
eaeh water division.
b.
The District Court, except in the city and
county of Denver, may review any final judgment of
any County Court within the district.
The District
Court reviews judgments, on the record, from a
qualified Municipal Court of record withtn the dis-
trict.
(Const., Art. VI, 19, 1976 Annual Report, p.
115; State Court Admtntstrator)
3.4 Judges (106)
1
.
a. There is no provision for a chief judge over
all the districts of the District Court.
The Chief
Justtce fills this role.
The chief judges of the
individual districts are appointed by and serve at
the pleasure of the Chief Justice.
b. District Court judges must be qualified
voters of the tate at the time of their selection,
and muot have been licensed to practice law in the
>
state for 5 yea s.
Each judge of the District
Court must be a
esident of hts judicial district
during his ter 4 of office.
c. District Court judges are appointed by the
Governor from a list of two or three nominees
sflected by the District Nominating Commission
(reference Table 12: Characteristics of judictal
nominating commissions).
After serving for 2 years,
a judge may then run for retention on a nonpartisan
ballot for a full term of 6 years.
iConst., Art. VI, 115,
10,
11, 20, State Court
Administrator)
.
3.5 Administration
a. The Chief Justice of the Supreme Court
exercises administration over all ;he districts of
the District Court.
The chief judges of the
individual districts have admtnistrative authority
as delegated by the Chief Justice,
The chief
judges have power with the other judges of the
COurt to appoint clerks and personnel as authorized
by the Supreme Court through a comprehensive state-
wide personnel staffing plan.
b. There is no provision for an adminietrator
over all the districts of the District Court.
An
administrator for each district may be elected by
the chief judge of the district in consultation
with the other judges (who may also interview can-
didates) subject to the approval of the Chief Jus-
tice.
There are two small districts that combine
chief judge and district administrator responsibil-
itie.
District administrators are responsible for
the administration of all court of record in their
districts, includtng the County Court, except for
the Denver County Court, which has Its own admin-
istrator.
c. Chief judges are authorized to appoint
clerks.
Clerks kerve as custodians of court
records.
[Const., Art. VI, 15; 1113-1-101, r3-1-102,
13-1,,119 C.R.S. 1973; State Court
Administrator}
3.6'Rule-makinge
Rules of procedure for the
District Courts are prescribed by the Supreme
Court.
Reference Section 1.6.
The judges of the
District Court sit en banc to make rules to facil-
itate the transaction of business in the courts
and provide for the classificatton, arrangement,
and di'stribution of the business of the court
among the judges.
These rules are subject to
approval by the Supreme Court.
[1113-2-108, 13-2-109, 13-5-133 C.R.S. 19731
Courts of Limited or Specie Jurisdiction
4.1.1 DENVMSUPERIOR COURT.
Terms of the court
may be regulated by rules of the Superior Court.
1113-7-103 C.R.S. 1973)
4.2.1 Organization.
The Denver Superior Court is
the only Superior Court in Colorado, although the
statutes provide for a Superior Court in each
coullty or a combined city and county (only Denver
is a combined city and county) having a population
of 300,000 or more inhabitants.
Specialized divi-
sions may be regulated by court rule.
[SS13-7-101, 13-7-103 C.R.S. 1973; State Court
Administrator]
4,3.1 Jurisdiction
a. The Superior Court has original jurisdiction
concurrent with the Diserict'Court in all civil
actions wherein the amount in contest is between
$1,000 and $5,000.
b. The Superior Court has exclusixe jurilidis-
tion to affirm, reverse, remand, modify or try de
novo cases appealed from the County Court.
[S13-7-102 C.R.S. 1973]
4.4.1 Judges (1)
a. The Denver Superior CJurt has one judge, who
serves as the presiding judge.
b. Superior Court judges must have the same
qualifications as district judges.
Reference Sec-
tion 3.416.
c. Superior Court judges are appointed by the
Governor from a list of two or three nominees sub-
mitted by the District Nominating Committee (refer-
ence Table 12:
Characteristics of judicial nomi-
nating commissions).
After serving for 2 years, a
judge may then run for retention on a nonpartisan
ballot for a full term of 6 years.
[Const., Art. VI, S20; S13-7-105 C.R.S. 1973]
4.5.1 Administration
a. Thepresiding judge has administrative
authority as delegated by the Chief Justice.
The
presiding judge appoints/personnel as authorized
by the Supreme Court thkough a comprehensive state-
wide personnel
taffin4 plan.
Administrative
coordination with oth r courts is effected through
the presiding judge,.
b. The administrator of the Superlor Court is
the clerk.
c. The clerk is selected by the presiding judge
of the court and serves at his pleasure.
He must
be a college graduate with major course work in
public admirlistration or in a related field, and
have experience in an administrative capacity.
The
clerk performs duties as assigned.
[Const., Art. VI, S5; S13-7-106 C.R.S. 1973; A
Report on the Position Classification, p. 1222;
State Court Administrator]
4.6.1 Rule-making.
Practice and procedure are
governed by the Supreme Court rules of civil and
criminal procedure.
The Superior Courts may make
rules to facilitate the business of the court.
[S13-7-103 C.R.S. 1973]
4.1.2 DENVER JUVENILE COURT (or District Court in
Juvenile Matters).
The term of the Denver Juvercile
Court is set by court rule.
There must be at least
one term a year.
[Const., Art. VI, S12]
4.2.2 Organization.
The jurisdiction of the
Denver Juvenile Court is limited to the city and
county of Denver.
The Juvenile Court may have
special divisions to facilitate the business of the
court.
These divisions are defined by court rule.
[S13-8-103, 13-8-115 C.R.S. 1973]
4.3.2 Jurisdiction
a. The Denver Juvenile Court has exclusive
jurisdiction in capital criminal cases involving
175
juveniles under 14.
In noncapital felony cases,
exclusive juvenile court jurisdiction extends to
age 16, and concurrent jurisdiction (with the
District Court) to age 18, with some minor excep-
tions.
In criminal cases involving a child over
16, the Denver Juvenile Court may determine whether
it serves the best interest of the child or public
to try that case in the Juvenile Court or in the
District Court.
A hearing must be held to deter-
mine jurisdiction.
The Denver Juvenile Court has
exclusive original jurisdiction in cases involving
neglected, dependent, and delinquent children,
children needing oversight, and adults who encoUr-
age delinquency or neglect or abandon a child;
custody hearings, adoptions, child support he/1'r-
ings, and paternity suits.
b. The Denver Juvenile Court has no appellate
jurisdiction.
[SSI3-8-103, 19-1-103 C.R.S. 1973; State Court
Administrator]
4.4.2 Judges (3)
a. The judges sit en banc to select a presiding
judge, subject to the approval of the Chief
Justice.
b. Denver Juvenile Court judges must meet the
some qualifications as District Court judges.
Reference Section 3.4.b.
c. Denver Juvenile Court judges are appointed
by the Governor from a list of two or three
nominees submitted by the District Nominating Com-
mittee (reference Table 12:
Characteristics of
judicial nominating commissions).
After serving for
2 years, a judge may then Tun for retention on at
nonpartisan ballot for a full term of 6 years.
[Const., Art. VI, SS15, 20; 13-8-108, 13-8-109,
13-8-112 C.R.S. 1973]
4
4.5.2 Administration
a. Thi presiding judge of the Denver Juvenile
Court has administrative authority as delegated by
the Chief Justice.
The presiding judge and the
other judges of the court appoint such personnel
as authorized bi the Supreme Court through a com-
prehensive statewide personnel staffing plan.
b. The Director of Apenile Court Services is
the administrator.
He iS selected by the judges
of the court and serves at their pleasure.
He must
have a master's degree in psychology, social work,
or a closely related field, and thorough experience
with broad administrative responsibilities in a
court.
The director plans and directs the adminis-
tration of all programs of the Juvenile Court,
prepares budgets, and is responsible for all
administrative operations of the court.
Also
reference Section 5.2.b (state-level administra-
tor).
c. The clerk, who is appointed by the court,
performs the same duties as a District Court clerk.
Reference Section 3.5.c.
[Const., Art. VI, Ss; S13-8-110, 13-8-112,
13-9-109 C.R.S. 1973; A Report op the Position
Classification, p. 1202; State Court Adminis-
trator]
4.6.2 Rule-making.
Rules of procedure for the
Denver Juvenile Court are promulgated by the
Supreme Court.
Reference Section 1.6.
The Denves\
Juvenile Court has the power to make rules not in
conflict with rules of the Supreme Court or other
laws of the state for the conduct of the court's
business.
The court rules are subject to review
by the Supreme Court.
[SS13-2-108, 13-2-109, 13-8-115 C.R.S. 1973]
4.1.3 MYER PRORATE COURT.
The terms of the court
are fixed by court rule, but at least one term must
be held each year.
[$13-9-113 C.R.S. 1973)
4.2.3 Organization.
The Denver Probate Court is
the only Probate Court and sits in the city of
Denver.
[See $13-9-113 C.R.S. 1973]
4.3.3 Jurisdiction
'a. The Denver Probate Court has original and
exclusive jurisdiction in the city and county of
Denver regarding probate, inheritance, and testa-
mentary matters and the guardianship of minors,
absentees, and incompetents.
b. The Denver Probate COurt has no appellate
jurisdiction.
[Const., Art. VI, $14; $13-9-103 C.R.S. 1973]
4.4.3 Judge (1)
a. The Denver Probate Court has one judge, who
serves as.the4residing judge.
b. The Probate Court judge must be a qualified
voter of the city and county of Denver and must
have been licensed tp practice law in the state for
5 years.
He Rust be a resident ef the city and
county of Denver during his term of office and he
may not engage in the private practice of
law while
in office.
c. The Probate Court judge is appointed
by the
Governor from a list of two or three nominees sub-
mitted by the District Nominating Commission
(reference Table'19:
Characteristics of judicial
nominating committees).
After serving for two
years, a judge may then run for retention on a
nonpartisan ballot for a full term of 6 years.
[Const., Art. VI, S20; $$13-8-108, 13-9-104,
13-9-105, 13-9-107(1) C.R.S. 1973]
4.5.3 Administration
a. The presiding judge of the Probate
Court has
administrative authority as delegated by the Chief
Justice.
The presiding judge appoints personnel
as authorized by the Supreme Court
through a com-
prehensive statewide personnel staffing plan.
b. The clerk of the Probate Court is the admin-
istrator.
Reference Section 5.2.b (state-level
administrator).
c. The clerk is selected by the judge of the
Probate Court and serves at his pleasure.
He must
be a college graduate with major coursework in
public administration or a related field, and have
considerable experience in a court or related
administrative work.
The clerk is responsible for
the administration of all clerical proceedings in
the court.
The responsibilities of the clerk
include mattersas may be assigned to him by law,
by court rules, mid by the probate judge.
[Const., Art. VI, S5; $$13-9-109, 13-9-110,
' 13-98-109 C.R.S. 1973; A Report on the
Position Classification. p. 1223; State Court
Adminis- trator]
4.6.3 Rule-making.
Practice and procedure in the
Probate Court are,governed by special laws for
matters within its jurisdiction and by the rules
of probate procedure and civil procedure.
The
Probate Court has the power to make rules for the
conduct of its business lo the extent that such
rules are dot in conflict with the rules of the
Supreme Court or state law.
[$$13-9-111, 13-9-112 C.R.S. 1973; State Court
Administrator]
4.1.4 COUNTY COURT.
The County Court must have at
leapt one term per }ler, or as specified by court
rule.
1 (13
176
[SI
6-302 C.R.S. ]973]
4.2.4 Or
nization.
The County Court sits in the
county se t, and may provide for hearings and
trials in other locations.
Where city boundaries
are withi
two counties, the County Court may sit
any place
thin the city, provided that venue is
properly de ermined.
The Small Claims Court is a
specialized division of the County Court.
1$13-6-303 C.R.S. 1973]
4.3.4 Jurisdiction
a. Except in Denver, the County Court has con-
current original jurisdiction with the District
Court in misdemeanor violations of state laws
(except those that involve juveniles), issuance of
warrants, and preliminary hearing and bail in
felonies and misdemeanors.
Children under 18 are
not included unless the offense is a felony punish-
able by death or life imprisonment.
The County
Court has concurrent jurisdiction with the District
Court in civil suits in which the debt or damages
claimed do not exceed $1,000, in forcible entry and
detainer actions up to $1,000, petitions for change
of name, and the issuance of peace bonds.
The
Small Claims Court has concurrent original juris-
diction with the District Court in all civil
actions up to $500.
The County Court has no juris-
diction in matters of probate, mental health,
juveniles, dissolution of marriage, or real prop-
erty.
b. The County Court has de novo appellate
jurisdiction from a Municipal Court not of reco
within the county.
[Const., Art. VI, S20; $$13-6-104, 13-6-1
13-6-106 C.R.S. 1973; State Court Admin
trator]
4.4.4 Judges (108 judges--89.3 FTE)
a. The court rules of each Cbunty Cou_t pr ide
for the selection of a presiding judge.
I
there
are no rule provisions, the Chief
Justice.of-the
Supreme Court selects a presiding judge.
The
Denver County Court presiding judge is selected by
the mayor and serves a 1-year term, which can be
renewed.
b. County Court judges must be qualified voters
of the counties in which*they are elected or
appointed and must reside there as long as they are
judges.
In class A & B counties:
Judges must be
admitted to the practice of law in the state.
They
must devote full time to their judicial duties and
not engage in the'private practice of lag.
They
also serve as municipal judges in counties of class
A, but not class B.
In Class C & D counties:
Judges must be high
school graduates (or have attained certificates of
equivalency).
County judges, if lawyers, may en-
gage in the private practice of law in courts
other than the County Court ond in matters that
have not and will not come before the County Court.
The County Court judges may serve as municipal
judges.
Nonlawyer judges may not take office until
they have attended the institute on the duties and
functioning of the County Court, held under the
supervision of the Supreme Court.
This requirement
may be waived by the Supreme Court.
c. County Court judges are appointed by the
Governor from a list of two or three nominees
selected by the District Nominating Commission
(reference Table 19:
Characteristics of judicial
nominating committejs), except for the Denver
County Court where judge selection is determined
by city charter.
After serving for 2 years, a
t.
judge may then run for retention on a nonpartisan
ballot for a full term of 4 years.
[Const., Art. VT, S16; SS13-6-203, 13-6-203(5),
13-6-204, 13-6-205, 13-6-215, 13-9-213 C.R.S.
1973; State Court Administrator)
4.5.4 Administration
a. The administrative authority of the presid-
ing judges is determined by rules of the court, or
A
by the Chief Justice of the Supreme Court.
b. The administrators are the County Court
clerks.
Reference Section 3.5.b (Administration).
c. Clerks perform the same duties as District
Court clerks.
Reference Section 3.5.c (Administra-
tion).
In small counties, however,,the judge may
serve as his own clerk.
[SS13-6-211, 13-6-212, 13-6-215, 13-9-109
C.R.S. 1973]
4.6.4 Rule-making.
Each County Court has the power
to make its own rules, not in conflict with the
rules of the Supreme Court.
All County Court
rules are subject to review by the Supreme Court.
The legislature has power to provide simplified
rules for the Small Claims Court.
In a County
Court with more than one judge, the court makes
rules regarding the allocation of the business of
the court.
[Const., Art. VI, S2; SS13-5-113, 13-5-133
C.R.S. 1973]
4.1.5 MUNICIPAL COURT.
The terms of the Municipal
Court are set by local court ru,les, charter provi-
sions, and ordinances.
[Colorado Municipal Courts, pp.
1,
2]
4.2.5 Organization.
The Municipal Courts sit in
their respective municipalities.
Local court rules
fix specialized divisions of the Municipal Court.
[S13-10-112 C.R.S. 1973]
4.3.5 Jurisdiction
a. The Municipal, Court ttries all municipal
ordinance violations.
It may or may not be a court
of record, depending upon the particular establish-
ing ordinance of the municipality.
b. The Municipal Court has no appellate juris-
diction.
[S13-10-104 C.R.S. 1973; State Court
Administra-
*
tor]
4.4.5 Judges (15 full-time, 225 part-time)
a. The Titunicipil governing bodies appoint pre-
siding Municipal Court judges, who serve in this
capacity during the term for which they are
appointed.
b. Municipal Court judges must be high school
graduates or have equivalency certificates.
Pref-
erence is given Co the appointment of a Municipal
Court judge who is licensed to practice law or is
trained in the law.
c. Munie,ipal Court judges are appointed by ther
municipal governing bodies unless otherwise
ovided in the city charters.
Judges are to be
app
nted for terms that are not less than 2 years.
They may be reappointed.
[SS13-6-203, 13-10-105, 13-10-106 C.R.S. 1973]
4.5.5 Administration
a. The duties of the presiding municipal judges
are determined on a local basis.
b. There are rio provisions for administrators
for the Municipal Court.
c. Unless the municipal governing.body deter-
mines the workload of the court
i
ns
ficient to
justify a clerk, a clerk is appointed by the gov-
erning body and
lr
rforms duties p
scribed by law
and the Municipa
Court judge.He
ust be bonded.
4011.
177
[SS13-10-108, 13-10-109 C.R.S. 1973]
4.6.5 Rule-making.
The presiding judge of any Mu-
nicipal Court has the authority to issue local
rules of procedure consistent with rulee-af pro-
cedure adopted by the Supreme Court.
[S13-10-112 C.R.S. 1973]
State-Level Administration
5.1 General administrative authority.
The Chief
Justice is the executive head of the judicial sys-
tem.
The Supreme Court selects a State Court Ad-
ministrator and provides for administrative per-
sonnel, including trial court administrators, for
the courts.
The Chief Justice selects chief judges
for the District Courts and the Court of Appeals.
He may assign retired judges to work in the courts
where needed.
He assembles all judges annually to
discuss recommendations made by the State Court
Administrator and business that will benefit the
judiciary.
The Chief Justice submits an annual
report to the Governor and to the legislature re-
garding the administration of the courts.
Refer-
ence Section 1.5.a (Administration).
[Const., Art. VI, SS4,
5; SS13-3-102, 13-4-105
C.R.S. 1973]
5.2 Office of the State Court Administrator
a. There is no specific authorization for the
administrative office.
b. State Court Administrator
(1) The State Court Administrator's position
is established by the constitution and by statute.
(2) The State Court Administrator is ap-
pointed by the Supreme Court.
He must be a col-
lege graduate and have thorough experience in
court administration.
(3) The State Court Administrator makes a
continuous survey of the conditions of the dockets
and the business of the courts.
He makes recom-
mendations and reports thereon to the Chief Jus-
tice.
He prescribes the procedures to be used by
the Judicial Department with respect to the prep-
aration of budget requests and any matters relat-
ing to fiscal administration.
He prepares a com-
prehensive personnel classification system and
staffing plan for all courts in the state system.
He consults with the state comptroller in prepara-
tion of regulations pertaining to budgetary and
fiscal procedures and forms, and the disbursement
of funds.
The State Court Administrator prepares
an annual consolidated budget for all the courts
of record, subject to the provisions of S13-3-104
C.R.S. 1973.
c. Office organization.
The Office of the
State Court Administrator consists of 47 people:
42 professionals (including the State Court Admin-
istrator) and 5 clerical personnel.
The profes-
sional staff provides support services in the fol-
lowing areas:
systems analys'is, programming, re-
cords management, forms development, and field re-
presentation; probation coordination, court re-
porting, court coordination; other court services,
and facilities management; payroll, accounting,
audit, budgeting, and purchasing; training and pub-
lications; personnel systems and office management;
legislative,.executive, public, ahd media informa-
tion and legislative liaison; and planning and re-
search activities, which include statistical comi
pilation, judicial planning, research, statistical
analysis,'
legal Services.
[State
t Administrator]
*4
Figure 2:
Colorado state-level administrative office of the couris, 1980
Stat.
Court
Adminitrator
Deputy
State Court
Administrator
Administrative
Asmiatant
Lesal
Officer
SCA
- Committee .up-
port as as-
signed by
Speclal project.
or asmignments
from SCA
Committee support
s assigned
- Legal matters
- Legislation
Rule. review
Duties
assigned
by SCA
Facilitie.
Permonnel
Financial
Planning
Field
Data
Management
Services
Services
and
Service.
Proce.sing
Service.
Analymis
Services
Facilities
- Peroonnel
4
Budgeting
Statistical
Auditing
Symtems analysis
planning
- Training
Accounting and
research
Program coordi-and design
- Judicial/
- Court reporter
control
Planning
nation
Programming
Heritage
activities
Purchasing
Grant adminis---Trial Court
Operation. (until
complex
tration or
--Juvenile'Court
July 1,
1979)
monitoring
--County Court
User liaison
- JPC planning
--Probation
User training
Communication.
1
--Internal (Ramos,
directives, etc.)
--External (news-
letter, public
education, etc.)
Special project. (e.g.,
prementence vent,
etc.)
178
Quesi-Judicial Officers
6.1.1 DISTRICT COURT
6.2.1 Water referee
a. Water referees must be qualified by expe-
rience and training, and a master's degree in
engineering is desirable.
Water referees are
appointed by and serve at the pleasure of the
District Court judge who is designated water judge.
b. The teferee conducts investigations regard-
ing water rights and rules on applications for
water rights.
[SS37-92-203(4), (5), (6), 37-92-302, 37-92-303
C.R.S. 1973; Position Description Number 3111;
Parajudges:
Their Role in Today's Court Sys-
tems, p. 361
6.1.2 DISTRICT COURT
6.2.2 Domestic relations referee
a. Domestic relations referees must be admit-
ted to the practice of law.
They are appointed by
the judges pursuant to court rule.
b. The referee hears various kinds of cases
assigned by the judges including uncontested cases
and temporary orders.
[State Court Administrator]
6.1.3 DENVER JUVENILE COURT
6.2.3 Commissioner
a. Commissioners must be lawyers and are ap-
pointed by and serve at the pleasure of the court.
b. Commissioners may hear any case in the a
court's jutrisdiction and report their findings and
recommendations to the court.
[S19-1-110 C.R.S. 1973; Parajudges:
Their
Role in Today's Court Systemsp. 36]
6.1.4 COUNTY COURT
6.2.4 Small Claims Referee
a. In class A counties, referees for small
claims matters may be appointed by the presiding
judge.
In class B counties, referees may be
179
appointed if approved by the Chief Justice.
All
referees must be attorneys admitted to the practice
of law in Colorado. They are appointed by the
judges of the court where they sit.
b. Small claims referee* hear amall claims
matters in the County Courts of the larger coun-
ties.
While acting as a referee for small claims,
a referee has the same powers as a judge.
If any
party objects to the referee, that party's case is
referred to a judge.
[S13-6-405 C.R.S. 1973]
Judicial Discipline
7.1 Commission on Judicial Qualifications.
The
membership of the Commission on Judicial Qualifi-
cations includes three judges of the District Court,
and two judges of the County Court selected by the \
Supreme Court; two citizens admitted to the prac-
tice of law in the state, who have been practicing
for 10 years (neither of whom may be a judge),
appointed by majority action of the Governor,
Attorney General, and Chief Justice; and two
citizens not admitted to the bar, appointed by the
Governor.
[Const., Art. VI, §23]
7:2_Authority and procedure for sanction.
A judge
or justioe may be removed for willful misconduct
in office'r persistent failure to perform his
duties, or hecause of a disability that interferes
with the petlormance of his duties.
The Commission
on Judicial qualifications reviews the matter, or
it may refer/the case to a panel of three special
masters (heating officers) who investigate and
report-thtir findings to the commission.
If the
commission finds good cause for removal, that
recommendation is made to the Supreme Court.
Alpi
proceedings of the commission are confidential.
The Supreme Court reviews all proceedings and may
order removal or retirement, or it may reject the
commission's recommendation.
[Const., Art. VI, §231
Figure 1:
Connecticut court system, 1980
SUPRIMI COURT
6 _tomtits.
Jurisdiction:
- Direct appogle from Superior Court in mat-
ter. not within the jurisdiction of the Ap-
pellate Sessions of the Suporior Court.
- Appeals from the Appellate Sessions if cert-
ified by the Suporior or Supremo Court.
- Appeals In law and equity over $7,500, and
felony criminal casee.
Appoala not
within the
Juriediction
of the Appol-
late Se:141one.
APPELLATE SESSIONS OF THE SUPERIOR COURT
3 Superior Court Judge& serve
Juriadiction:
- Civil appeala for legal or equitable relief
in which the amount in controversy is le..
than $7.500.
Appeal. from landlord-tenant mummery pro-
ceedings, paternity and support proceeding.,
and any proceeding dealing with URESA.
- Appeals from ordinance violation, and any
criminal action& in which the fine is not in
excees of $1,000 or the sentence ie not
in excess of one year.
Appeal. from violations of the motor vehicle
laws except where punishment is &leo imposed
on any other felony count.
tIndicates route of appeal.
SUPERIOR COURT (11)
110 judges
Jurisdiction:
- Original Jurisdiction in all matter. except
L
probate.
/ Appoals de novo from Probate Court and from
adminietrative agencies.
Jury trials.
PRORATE COURT (130)
130 Judges
Jurisdiction:
- Original juriediction in probate, adoption
proceeding., appointment of guardian., and
mental health.
180
IMMO.
Court of
last
resort
Intermediate
appellate
court
Court of
general
juriediction
Court of
limited
juriediction
Th
CONNECTICUT
Court of Last Resort
1.1 SUPREME COURT.
Terms of the court are held at
Hartford beginning on the first Tuesday of each
month, except July, August, and September.
Special
terms may be held at the discretion of the court.
(Connecticut General Statutes Annotated
(hereinafter C.G.S.A.) Section 51-200)
1.2 Organization.
The Supreme Court does not sit
in panels or divisions.
1.3 Jurisdiction
a. The Supreme Court has the power to issue
extraordinary writs.
b. Appeals from final judgments or actions of
the Superior Court are taken to the Supreme Court,
except for small claims, decisions of adminis-
trative agencies, and those matters within the
exclusive jurisdiction of the Appellate Sessions
of the Superior Court.
There is no right to
further review of an Appellate Session decision,
except by certification by the Appellate Session
or by two judges of the Supreme Court.
IC.G.S.A. 5551-197a, 51-197f, 51-199]
1.4 Justices (6)
a. The Chief Justice is nominated by
t
Governor and appointed by the General Assembly for
an 8-year term.
b. The Chief Justice and associate justices of
the Supreme Court must be members of the state bar
and are not permitted to engage in private
practice.
c. Supreme Court justices are nominated by the
Governor and appointed by the General Assembly for
8-year terms.
(Constitution, Article 5, Section 2, C.G.S.A.
SS2-42, 51-47]
1.5 Administration
a. The Chief Justice is .the head of the Ju4-
cial Department.
He exercises administration and
supervision over the entire court system through
the Chief Court Administrator, the executive secre-
tary, the administrative judges of the Superior
Court, the Executive Committee of the Superior
Court, and the Probate Court administrator.
Refer-
ence Section 5,1 (General administrative author-
ity).
The Chief Justice has no specifically artic-
ulated duties with regard to the administration of
the Supreme Court.
b. Reference Section 5.2.b (state-tevel
administrator).
. Although the statutes still specify that
the
uperior Court clerki also act as Supreme
clerks, those clerks do not perform any
function for the Supreme Court other than accept-
ing appeals and supervising the office of the Su-
Court.
e justices o
the
upreme Court designate
preme Court and
Th
ion of the Superior
and fill the position of chief clerk of the Supreme
Court.
There are no formal provisions for as-
signing administrative duties to the clerk.
[C.G.S.A. 151-201; Chief Court Administrator)
lel
1.6 Rule-makina..
Rulemaking authority for the
Supreme Court is vested in the Supreme Court.
Rules that modify, supersede, or suspend any stat-
ute relating to pleadingOsactice, and procedure
in existence on July 1,
1957 are subject to dis-
approval by resolution of the General Assembly.
Public hearings on proposed rules are held at least
annually and reasonable notice of same is given in
the Connecticut Law Journal.
(Const., Art. 2, Art. 15, 51, C.G.S.A.
S51-197c]
Intermediate Appellate Court
2.1 APPELLATE SESSIONS OF THE SUPERIOR COURT.
The
Chief Court Administrator designates the number of
Appellate Sessions and their location.
Onlyone
session has been established, and it sits at ilart-
ford throughout the year (except May, July, August,
and September).
IC.G.S.A. S51-197c)
2.2 Organization.
Each session consists of a panel
of three judges and two alternate judges.
The
court has statewide jurisdiction.
IC.G.S.A. S51-197c]
2.3 Jurisdiction
a. The Appellate Sessions have no original
jurisdiction.
b. The Appellate Sessions have jurisdiction
over appeals from any finalqudgment or action in
the following matters:
(1) Any criminal action charging nonsupport
of a minor child or children.
(2) Any criminal action wherein the maximum
potential punishment may be a fine of not more than
$5,000 and/or imprisonment of noi more than 5 years
and the fine imposed is $1,000 or less and/ or a
sentence of."1 year or less.
(3) Any violation of an ordinance, regula-
tion, or bylaw of a political subdivision of the
state.
(4) Any civil action for legal or equitable
relief, in which the amount in controversy is less
than $7,500.
(5) Any summary process proceeding relating
to a landlord-tenant matter.
(6) Any paternity or support proceeding.
(7) Any proceeding relating to uniform re-
ciprocal enforcement of support.
(8) Any violation of the laws relating to
motor vehicles; except any action where punishment
is also imposed on any other count charging (1) a
capital felony, (2) an unclassified felony punish-
able by a fine of more than $5,000 or Imprisonment
for more than 5 years or both, (3) a Class A, Class
11,
or Class C felony or a Class D felony where
punishment is imposed in excess of $1,000 or in
excess of
1
year.
1
[C.G.S.A. 151-197d; Chief Court Administrator]
2.4 Jud es (3)
a. Unless otherwiee provided by the Chief Court
Administrator, the judge senior in length of
judicial ervice is designated the presiding judge.
The presiding judge is designated for each session,
and erves for the full ssss ion.
b. Appellate'Sesslons judges must be members of
the state bar and are not permitted to practice
law.
c. The Chief Court Administrator
appoints Su-
perior Court judges to the panels of the
Appellate
Sessions.
During their service on the panels, the
judges are excused from their trial court
duties.
Judges of the Appellate Sessions serve at
the plea-
sure of the Chief Court Administrator.
1C.G.S.A.
1151-47, 51-197c1
2.5 Administration
a. The presiding judge has no
specifically
articulated administrative duties.
b. There is no provision for an
administrator
for the Appellate Sessions.
Reference Section
5.2.b (state-level administrator).
c. By rule, Connecticut Practice
Book 11066,
the chief clerk of the Supreme Court serves as
clerk of the Appellate Session.
(Connecticut Practice Book 11066)
2.6 Rule-making.
The judges of the Superior Court
may establish rules of procedure
for the speedy and
inexpensive hearing of appeals-brought to
the
Appellate Sessions.
Administrative rules for the
sessions may be promulgated by the
judges of the
Superior Court or by the executive secretary
(re-
ference Section 5.2.c) under the supervision of
the
Chief Court Administrator (reference
Section
5.2.a).
(C.G.S.A. 1151-9, 51-197c)
Court of General Jurisdiction
3.1 SUPERIOR COURT.
The Superior Court sits in
continuous session at such times as provided by
law
or as fixed and determined by the Chief Court Ad-
ministrator.
(C.G.S.A. 151-181)
3.2 Organization.
The state has been divided into
11 judicial districts.
The Superior Court is di-
vided by court rule into civil, criminal, and
family divisions.
(C.G.S.A. 1151-181, 51-182, 51-185, 51-308,
51-331, 51-344)
3.3 Jurisdiction
4. The Superior Court is the sole court
of
orikinal jurisdiction for all causes of action,
except such actions over which the Probate Court
has original jurisdiction, as provided by statute.
Domestic relations and juvenile matters are
heard
in the family division.
b. The Superior Court hears appeals
from the
Probate Court and from administrative decisions of
officers and agencies of the state or
its political
subdivisions.
(C.G.S.A. 1445-288, 51-164s, 51-197b)
3.4 Judses (110).
In addition, there are provi-
sions Uor an unlimited number of senior judges who
are retired, between the ages of 65 and 70, and
working part time, but with full
authority.
Eleven
senior judges are currently serving.
4. There is no provision
for a chief judge
over all the Superior Court.
The Chief Court Ad-
ministrator appoints administrative judges for each
of the state's 11 judicial districts and a chief
administrative judge for the divisions
(Criminal,
Civil, and Family).
b. Superior Court judges must be members of
the state bar and are not permitted to practice
law.
411,
(In
4. a-, II
182
c. Superior Court judges are
nominated by the
Governor and appointed by the General Assembly
for
8-year terms.
The Chief Court Administrator
assigns judges to the divirions or part
thereof.
.
(Const., Art.
5,
12; C.G.S.A. 1151-47, 51-164t;
Chief Court Administratotl
3.5. Administration
,
a. The position of chief judge was
repealed as
of July 1,
1978.
The Chief Court Administrator,
as part of his general authority, appoints
adminis-
trative judges for each of the state's 11
judicial
districts.
The administrative judges are respon-
sible for.
1.
Discussing administrative matters with
the Chief Court Administrator, chief
administrative
judges, presiding judge(s) and assigned judges.
2.
Serving as liaison of the Chief Court
Administrator with the presiding judge(s) and
assigned judges in order to implement policy estab-
lished by rule of court, the Chief Court Adminis-
trator, or vote of the judges.
3.
Assuming, personally, any assignment
within the judicial district of assignment, not-
withstanding his primary assignment, giving timely
notice thereof, however, to the Office of the Chief
Court Administrator.
4.
Reassigning for the day, a judge who
concludes his primary assignment prior to 5 p.m.
5.
In the event of a storm, an emergency,
or the inability of a judge to assume
his assign-
ment, assigning any judge assigned within the judi-
cial district to any geographical area courthouse
for the purpose of presiding over arraignments,
fixing or reviewing bail, and conducting any
other
necessary court business, or to a courthouse for
juvenile matters to conduct necessary court
busi-
ness, giving simultaneous notice, or,
if that is
not possible, going prompt notice of the
assignment
to the Office of the Chief Court
Administrator.
6.
Subject to the prior approval of the
Chief Court Administrator, determining the court-
house(s) to which jurors shall be initially sum-
moned within the judicial district.
7.
When feasible or necessary, ordering
that the trial of any case, jury or nonjury,
be
held in any courthouse within the judicial dis-
trict.
8.
Apportioning administrative appeals and
small claims matters as equally as possible among
all the judges, taking into consideration the par-
ticular expertise of an individual judge.
b.s There is no provision for an administrator
of the Superior Court.
Reference Section 5.2.b
(state-level administrator).
c. Superior Court clerk positions are author-
ized by statute.
Positions are filled annually by
the Superior Court judges at their June meeting.
There ate no formal provisions for assigning admin-
istrative duties to the clerks.
(C.G.S.A.
51-51v)
3.6. Rule-makinfi.
The judges of the Superior
Court, acting as a body, may adopt and
promulgate,
and may from time to time modify or repeal rules
and forms regulating pleading, practice,
and pro-
cedure in judicial proceedings.
As part of the
unified court system, many administrative proce-
dures for the Superior Court are prescribed by the
Chief Court Administrator.
(C.C.S.A. 5151-9, 51-14)
Court of Limited or Special Jurisdiction
4.1 PROBATE COURT.
Probate Court terms differ from
district to district.
Some are open regular busi-
nes. hours while others open by appointment only.
(Probate Court Administrator)
4.2 Organization.
The state has been divided by
statute into 130.probate districts, each of which
consists of between 1
and 6 towns.
There are no
specialized divisions of the court.
(C.G.S.A. 545-11
4.3 Jurisdiction
a. The Probat, Court hat power to admit wills
to probate and grint administration of intestate
estates.
In addition to jurisdiction over dece-
1
dents' estate., the court has jurwidiction over
terminations'of parental rights, adoptions, and .
guardianships,,commitment of mentally ill 'adults;
commitment of mentally ill children, conservator-
hip., fiduciary accounts, sterilization, and
guardianship and pficement of the mentally re-
tarded.
b. The Probate Court has no appellate juris-
diction.
1C.C.S.A. SS17-176 et. gra., 45-4, 45-42 et.
sea., 45-61e, 45-70 et. seq., 45-78a et.
45-268, Public.Acts (hereinafter P.A.) 79-511,
79-543, 79-5831
4.4 Judges (130).
The constitution specifies that
each probate district have one judge.
a. The Probate Court does not have presiding
judges.
b. Probate Court judges must be voters of towns
within their probate districts.
c. Probate Court judges are elected to 4-year
terms by the voters of their respective districts.
1Const., Art. 5,
S4, C.G.S.A. S45-6I
4.5 Administration
a. There are no provisions for
presidi;Ig judges
for the Probate Court.
b. A Probate Court administrator over all the
probate districts is authorized by statute.
He is
appointed by the Chief
A person appointed
to the position must be a Probate Court judge.
If
his judicial term expires after appointment, he may
continue to serve as administrator at the pleasure
of the Chief Justice.
The administrator must de-
vote full-time to his duties and cannot engage in
the practice of law.
The administrator regularly reviews the
auditing, accounting, statistical, billing, re-
cording, filing, and other procedures of the Pro-
bate Court.
He or his authorized designee is re-
quired to visit and examine records and files of
each Probate Court I least once every even num-
bered year.
He is empowered to issue administra-
tive rules and regulations.
The administrator
files an annual report with the Chief Court Admin-
istrator by April
1
of each year, and'he submits
proposed rules of practice and procedure in the
Probate Court to the Supreme Court.
c. Each Probate Court judge may
appoint a clerk
and as many assistant clerks as he deems necessary%
Such clerks are not deemed state employees and they
serve at the pleasure of the judge.
There are no
formal provisions for assigning administrative
duties to thf clerk.
[C.G.S.A. SS45-3a, 45-4c to 45-4f,
45-51
4.6 Rule-making.
The Supreme Court promulgates
uniform rules of practice and procedure for the
Probate Court.
Such rules are recommended to the
court for adoption by the Probate Court adminis-
trator.
$45-4f1
4,0
111
183
State-Level Administration
5.1 General administrative authority.
Statutes
designate the Chief Justice as the head of the
Judicial Department.
He appoints the Chief Court
Administrator.
Reference Section 1.5.a.
Under the
supervision and direction of the Chief Court Admin-
istrator, the executive secretary examines the ad-
ministrative methods and systems employed in the
Judicial Department and each ot its constituent
courts. The executive secretary also develops and
implements programs for the improvement thereof and
for securing uniform administration and procedures.
S51-1b, 51-91
5.2 Office,of the Chief Court Administrator
a. The Office of the Chief Court Administrator
is authorized by Connecticut General Statutes
S51-8 (1979).
b. Chief Court Administrator
(1) The Chief Court Administrator's position
is authorized by statute.
The current incumbent
was previously Chief Judge of the Superior Court.
(2) The Chief Court Administrator is ap-
pointed by and serves at the pleasure of the Chief
Justice.
(3) The Chief Court Administrator is the
administrative director of the Judicial Department.
He may issue orders, require reports, and appoint
judges to such p%itions as he
deems necessary to
carry out his responsibilities.
He may assign and
reassign judicial and nonjudicial personnel as the
efficient administration of justice requires.
As
required, he may also transfer causes from one
court or district to another.
He appoints an exec-
utive secretary who serves at his pleasure.
c. Office organization.
The Chief Court Admin-
istrator appoints the executive secretary, who must
be a member of the state bar.
The Office of the
Chief Court Administrator consists of 95 people:
51 professionals (including the Chief Court Admin-
istrator) and 44 clerical personnel.
The profes-
sional staff provides support services in the fol-
lowing areas
systems analysis, programming, com-
puter operationc, records management, forms devel-
opment, and field representation, court reporting,
court coordination, other court services, and fa-
cilities management, payroll, accounting, auditing,
and purchasing, education, personnel systems, and
office management, and planning and research ac-
tivities including statistical compilation, judi-
cial planning, legal services, and legislative
drafting.
1C.G.S.A. SS51-1b, 51-8 (1979), 51-9 (1979);
51-304, 51-332, 51-347a, 51-347b; P.A. 78-280,
Sections 127,
123, Chief Court Administrator)
Quasi:Judicial Officers
6.1.1
SUPERIOR COURT
6.2.1
Senior judge and state referee
a. Judgeswho retire prior to age 70 are desig-
nated as senior judges.
Supreme and Superior Court
'
judges whoiretire at age'70 and senior judges upon
attaining age 70 are designated state referees for
the remainder of their lives.
The Chief Justice
is empowered to appoint as many
staCe-referees as
he deems necessary from among the qualified members
of the state bar.
b. Senior judges and state referees posseiss the
full authority of regular judges In the cases as-
signed to,them.
2 CIO
Figure 2:
Connecticut state-level admilnistrative office of the courts, 1980
Executive
S. cretry
Chita
Court
Adel nietrtor
Chief
St t e's
At t o r ney
Deputy
Chie Court
Atileinietrtor
Reacu t
Direct or
Fast 1 y
Diviinn
Execut ive
Di rector
Adult
Probst ton
Chief
Admintetrtive
Judge
Executive
Di rector
Adel nietrt ive
S. rvi cos
Director
Fiscal
Opertione
Direct or
Pe rsonnel
end &aril oye
Relations
Director
.Iitaminr
Seized
Prdperty
Director
Da t
Procesing
(RAM)
Director
Chief
MEM
Criminal
Caa flow
1111
Commissioner
Di rector
Civil
Di rector
Family
C. f law
Director
Statist ic
Di rector
Coordintor
of Clerk
(Reportre.
Interpreters)
Di rector
Jury
Advil nietrt ion
Director
Records
Center
Adel nitrat lye
Judge
Coated miion
Of f I ciail
Lop 1
Publi ct ions
..1rarector
Facilities
Fur chsing
4 Inventory
--1
Research
nd
Planning
Di rector
Judi c tel
Educt io
Di rector
Legal
Service
(Forms, Rule)
2 (I I
184
Di rector
Lest slat ive
Li ison
(Public
Relation.)
Director of
Arch itctur
Imm
Dirmtor
kcurity
end
Safty
I.Const., Art. 5, 16; C.G.S.A. 151-50c to
151-501, 1152-434, 52-434a]
6.1.2 SUPERIORSOURT
6.2.2 Commissicuier
a. All members of the state bar, while in
good standing, are designated as commissioners of
the Superior Court.
Those commissioners with at
least 2 years of law experience can volunteer for
mall claims duty.
If approved by the Chief Court
Administrator, their names are placed on the
Superior Court list.
Names are chosen from thi
list on a rotating basis to hear small claims
matters.
Compensation is not provided for small
claims duty.
b. Commissioners can sign writs and
-
subpoenas, take recognizances, administer oaths,
and take depositions and acknowledge deeds.
They
may issue subpoenas to compel the attendance of
witnesses and subpoenas duces tecum in adminis-
trative proceedings.
[C.G.S.A. 1151-85, 52-549a to 52-549d]
Judicial Discipline
7.1.1 Judicial Review Council.
The council
consists of three Superior Court judges, three
lawyers, and three nonlawyers.
The judges are
selected by their peers, while the remaining
members are appointed by the Governor with the
approval of the General Assembly.
[C.G.S.A. 1151-511, 51-51p (1979)]
185
7.2.1 Authority nd procedure for sanction. fThe
council has the authority to investigate all
complaints against judges of the Supreme and
Superior Courts.
After its investigation, the
council can conduct a private hearing concerning
the matter.
If found guilty, the judge can be(
privately or publicly censured by the council, or
it can suspend him for a definite .period of time
up to
1 year.
If deemed appropriate, the council
may refer the matter to the Supreme Court with
recommendation that the judge be suspended for
longer than
1 year or that he be removed from
office.
Judges may also be retired for disability
by the council either on its own motion or at the
request of the judge.
[C.G.S.A. S51-49, 51-51k, 51-51u (1979)1,
70.2 Council on Probate Judicial Conduct.
The
cOlincil consists of one probate judge, elected by
his peers, one state referee, appointed by the
Chief Justice, one attorney with at least 5 years
of experience, and two nonlawyers appointed by the
Governor.
[C.G.S.A. 145-11d]
7.2.2 Authority and procedure for sanction.
After
investigating a complaint, the council can conduct
a private hearing.
Upon conclusion of the hearing
and if warranted, the council may privately repri-
mand or publicly censure the judge.
In very seri-
ous cases, the council can recommend,tol'he Nouse
of Representatives the institution of impeachment
_proceedings.
[C.G.S.A, 545-11g]
()
,
Figure 1:
Delaware court system, 1980
SUPREMF (1)URT
5 justices
Juriediciion
- Final appellate jurisdiction.
Censor Committee.
- Advimory opinion requested by governor.
COURT OF CHANCERY (3)
1 chancellor, 2 vice chancellnrs
Jurisdiction:
- Exclusive jurindiction over all
e quity clues.
Corpbrett ca.es,
real property disputa., carer-
cial Witter., contractual
matter., guardianship., [runts,
e atate..
No jury trials.
COURT Of COMMON PLEAS (3)
5 judge.
Jurindiction.
- Civil action. under $5,000.
No
limit in amount of counter
clat.
Misdemeanor. (except drugs)
outoide Wilmington.
P
ion
of marijuana.
No jury trial. in New Cantle.
Jury trials in Kant and Sums
(criminal came. only).
*kr
SUPERIOR COURT (3)
judge.
Jurisdiction
dl
Original civil (except equity) jurisdic-
tion.
Exclusive juri.cilction over adop-
tion., termination of parental right., end
involuntary cossitsents of mentally ill.
Original criminal lurisdiction.
Excluniv.
felony and drug offenme iuri.diction,
-
Appeal. on record from Court of Common Ple,Iss
and administrative agencies.
Appeals do novo from Juntice of the Peace
Court, Alderman's Court, Municipal Court,
and arbitration panel..
Jury trials.
A.
CE COURT (16)
peace and
1
t $1,500.
Committing
crimes.
No
criminal jurisdiction tn
Wilmington.
Motor vehicle Cane, (except
fslonime).
Jury triSI. in landlord/tenant
4141111 only.
ItIndicates route of appeal.
Divorce
Contractual
oupport
agreements..
FAMIIY COURT (3)
12 judge.
Jurisdiction
Support, divorce, annulment,
separate maintenance, property
settlesent, custody.
Child corruption, intrafamily
crime. (excluding foloniss).
Misdemeanor, committed against
child.
Dependency nd neglect, delin-
quency.
Juvenile traffic
violations.
No jury trial..
MUNICIPAL COURT OF WILMINGTON
3 judges
Jurincliction
- Misdemeanor, unicipal ordinance
violation., preliminary hearinas
for felonies and drys-related
miedemeanors.
- Traffic Violation. Diwislon
proc eeeee all moving and parking
violations.
No jury trials.
ALDERMAN'S COURT (IS)
20 eldermen
Jurincliction
Minor,civil action, in aome
courts.
Minor eisdemeanors.
Municipal
ordinance violations.
Com-
eating angi.trate in some
Court,.
Traffic offenses, parking vio-
lation..
No jury Irials.
AMP
Court of
last
resort
Court. of
genral
jurisdiction
Court. of
limited
jurisdiction
Court of LasiResort
1.1 SUPREME CQURT.
The Del
Supreme Court sits
at Dover. 'Mere is one fixed tern of court, which
coincides with the calendar year.
[Title 10, Delaware Code (hereinafter Del. C.)
Annotated, Revised 1974, Section 101; Supreme
Court &les, Rule 21
1.2 Organization.
The Supreme Court normally its
in panels of three justices.
Panels are assigned
by the Chief Justice.
The court its en banc in
capital cases, in 'cases where tke three-justice "
panel was not unanimous in its acision, and in
other such cases as may be determined by the Su-
'preme Court or the General Assembly.
[Constitution,Article IV, Section 12; Supreme
Court Rule 41
1,,,3Jurisdiction
a. The Supreme Court may issue writs of pro-
hibition, quo aaaaa nto, certiorari, and mandamus
to any court.
The court may also determine ques-
tions of liw certified to it by other courts.
When
requested by the Governor, the Supreme Court ren-
ders opintoni regarding the constitutionality of
.any law or any question involving the federal or
tate constitution.
b. The Supreme court has appellate jurisdiction
in criminal cases in which the sentence is death,
imprisbnment exceeding 1 month, or fine exceeding
$100, and in civil cases appealed from the Superior
Court.' The court also has jurisdiction in appeals
from the Court of Chancery.
[10 DeT. C. Sill, 1411
1.4 Justices (5)
a. The Chief Justice is selected in the same
manner as the other justices, but is designated.
Chief Justice upon appointment.
He serves his %-
tire term in this role.
Reference Section 1.4.c
below.
b. Supreme Court justices must be lawyers and
residents of the state.
c. Supreme Court justices are appointed by the
Governor with the consent of the Senate.
All jus-
tices of the Supreme Court erve 12-year terms and
may be reappointed.
[Const. Art. VI, 112, 31
40,1.5 Administration
a. The Chief Justice is tbe administratiye head
of all courts in the state.
He exercises adminis-
tration and supervision over the entire court sys-
tem through the Director of the Administrative Of-
fice bf the Courts, the chaacellor of the Court of
Chancery, the president judge of the Superior
Court, and chief j
s of the limited jurisdiction
courts.* He has no spe
ic ad
e duties
with regard to the Suprem
rt.
Reference Sec-
tion 5.1 (General administrative authority).
'
b. There is no provision for an adiinistrator
for the Supreme Court.
Reference Section 5.2.b
(state-leveladmiistrator).
4
.1;
DELAWARE
4.
c. The clerk of the Supreme Cour
,appointed
by the
serves at the pleasure of the
'If
courtl
Ther
are no formal provisions,for assign-
ing administrative duties to the clerk.
He super-
vises all clerical personnel in the office.
[Gimlet., Art. VI, S27, 10 Del. C. S1211
1.6 Rule-makinli.
The Supreme Court promulgates
rules regulating practiceand procedure in the
court.
When Supreme Court rules hive taken effect,
they supersede any statutory provisions that may,
conflict.
The Supreme Court may adopt rules for
thsdadministration of justice and the conduct of
bainess for any or all of the courts of the state.
[Const., Art. IV, S13; 10 Del. C. $1611
Intermediate Appellate Court
2.0 There is no intermediate appellate court in
Delaware.
Courts of General Jurisdiction
3.1.1 COURT OF CHANCERY.
The term of court coin-
cides with the calendar year.
[10 Del. C. $3021
3.2.1 Organization.
Court IS held in each of the
state's three counties.
A Public Guardian is ap-
pointed by the court to be,the guardian of the
aged, mentally infirm, physically incapacitated,
and minors.
[Del. C. 1301, The 1976 Annual Report of the
Delaware Judiciary (hereinafter 1976 Amnual Re-
port), p. 301
3.3.1 Jurisdiction
a. The Court of Chancery has jurisdiction to
hear and determine all matters in equity.
The
Court of Chancery has no jurisdiction in matters
where the cause may be determined by
commoVlim,
or
statute.
Litigation in,the Court of Chancer'y'con-
sista of corporate matters, petitions concerning
trusts or estates, disputes involving real prop-
erty, and commerc:el and contractual matters.
The'
Public Guardian may have care of a minor's person
or property or both, depending on the court.
The
Public Guardian receives all debts and incqme of
his ward, and squares up his accounts.
He can'sell
his ward's property if necesbary; and he is allowed
to sue for or defend his ward,
T. The Court of Chancery hasno appellate ju-
risdiction.
[10 Del. C. $1341, 342; 12 Del. C. 13921; 1976
Annqal Report, p. 29i
3.-4.1 Judges (1 chancellor, 2 vice chancellors)
$
a. The chancellor is appointed in the same man-
her as the vice-chancellors, but is 'designated
,
chancellor upon appointment.
Reference Section
3.4.1.c below.
b. Chancellor: and vice-chancellors must be
lawyers and residents of the state.
No more than
'two of them may be members of the'same major po-
litical party.
184k
Cc. Chancellors and vice-chancellors are ap-
pointed by:the Governor with the consent of the
Senate.
The chancellor and vice-chancellors serve
12-year terms.:
[Const., Art. IV, /12, 31'
3.5.1 Administration
r.
.
a. The chancellor appoints clerical personnel
as necessary for the court.
There are no other
formal provisions for granting administrative
authority to the chancellor.
b. There is no provision for an administrator
for the,Court of Chancery., The Director'of the Ad-
ministrative Office of the Courts serves as Chan-
cery Court achninistrator.
Reference Section 5.2.b
(state-level Aministrator).
c. The register in chancery and the register
of wills in each county serve as the clerks of the
Chancery Court in that' county.
Registers are
elected to 4-year terms by the voters of the coun-
ties in which they serve.
There are no statutory
provisions or rules assigning administrative duties
to the registers.
They supervise all clerical per-
sonnel in their office.
110 Del. C. 1132, 322-3271
3.6.1 Rule-making.
The Court of Chancery is em-
powered to promulgate rules governing practice and
procedure in the court.
Once adopted, the rules
supersede any statutory provisions.that may con-
flict.
Administrative rule-making procedures are
the same as for the Supreme Court.
Reference Sec-
tiOn 1.6.
110 Del. C. 13611
3.1.2 SUPERIOR 9URT.
There are four terms oC
court beginninik on the second Monday in'September,
first Monday in December, first Monday in March,
and first Monday in June.
[Superior Court Criminal Rule 56(a) and Supe-
rior Court Civil Rule 77(b)1
3.2.2 Organization.
Superior Court is held in each
of the state's three counties.
There are no spe-
cialized divisions of the Superior Court.
[10 Del. E, 15011
3.3.2 Jurisdiction
a: The Superior Court.has exclusive jurisdic-
tion in felony cases except those involving juve-
niles.
The court has jurisdiction in all ciVil
oases at commop lei,.
It also has jurisdiction over
the termination of parental rights and adoptions.,
b. The Superior Court has appellate jurisdic-
tion over cases at law from the Court of Common
Pleas and varied administrative agencies.
Cases
from the Alderman's Court, Justice of the Peace
Court, and the Municipal Court are heard de- novo
in the Superior Court.
[Const., Art. VI, 17; r976 Annual Report, p.
531
3.4.2 Judges (11)
a. The president judge over all the Superior
Courts is selected in the same manner as
Surierior
Court associate judges but is designated president
judge upon appointment.
Reference Section 3.4.2.c
below.
The Superior Court does not have presiding
judges for the individUal counties.
b. Superior Court judges (the president judge
and associate judges) must be lawyers and at least
one associate judge must reside in each
of the
state's three counties.
If there is an uneven num-
ber of judges, not more thah a bare majority may
be of the same major political party.
c. Superior Court judges (the presiding
judge
and associ4te judges) are appointed by the Gover-
nor, with the consent of the Senate.
They serve
12-year terms.
(Const., Art. IV, 112, 3)
188
fit-a ""'
4 u .)
3.5.2 Administration
a. There are no constitutional or statutory
provisions for assigning administrative responsi-
bilities to the president judge.
There are no pro-
yisions for presiding judges for the individual
courts.
.
b. The position of Superior Court Administrator
is authorized in the state's budget bill each year.
The administrator is chosen by the judges of the
Superior Court and qualifications for the position
are set by them.
c. The prothonotary of each county serves as
Superior Court clerk in that county.
Prothohota-
ries are elected by the counties in which they
serve for 4-year terms.
There are no formal pro-
visions for assigning administrative duties to the
prothonotary.
He supervises all clerical personnel
in the office.
[Const.,.Art. III, S322; Const., Art. IV, 126;
10 Del. C. 15211
3.6.2 Rule-making.
Procedures for administrative
rule-making are the same as for the Supreme Court.
Reference Section 1.6,
The Superior Court is em-
powered to make rules governing civil practice and
procedure in the court.
These rules supersede any
statutory regulations that may conflict.
[10 Del. C. 15611
Courts of Limited or Special Jurisdiction
4.1.1 FAMILY COURT.
The Family Court sits in con-
tinuous session.
[Manalier, Planning and Research]
4.2.1 Organization.
The court sit
n each o
state's three counties.
The
re no formal _stat-
utory prdvisions for adininistrative divisions.'
4.3.1 Jurisdiction
a. The Family .Court has exclusive criminal ju-
risdiction in cases concerning abuse, abandonment,
or any misdemeanor committed against a child.
Any
nonfelonious act committed by family members upon
other family members is within the jurisdiction of
the court.
The court has exclusive original civil
jurisdiction concerning any child who la alleged
to be dependent, neglected, or delinquent.
The
Family Court has general juvenile jurisdiction.
It also has jurisdiction in divorce and annulment
petitions.
'
b. The Family Court has no appellate jurisdic-
tion.
[10 Del. C. SS921, 9221
4.4.1 Judges (12)
a. The chief judge of the Family Court is se-
lected in the same manner as the other Family Court
jgdges but is designated chief judge upon his p-
pointment.
Reference SeCtion 4.4.1.c below.
b. Famaly Court /Udges must be lawyers who have
practiced law,for 5 years in the state.
They are
selected on the basis of their experience with fam-
ily and child problems.
c. Family Court judges are appointed by the
Governor by and with the consent of the Senate.
They serve 12-year terms.
(10 Del. C. 1906)
4.5.1 Administration
a. The chief judge is the executive officer of
the Family Court, and is responsible for assignment
of judges, preparation of court budget, and payment
of court expenses.
He also is responsible for ap- -.-
pointing two associate judges of the Family Court
to serve on the Judicial Council of the Family
Court'(reference Table 29:
Judicial councils and
conferences).
There are no provisions for presid-
ing judges for the individual courts.
b. The Family Court's administrator is now
known as the Director of Court Operations.
c. The chief judge appoints a clerk in each
county.
There are no,formal provisions for assign-
ing administrative duties to the clerks.
They so-
pervise all clerical personnel in the office.
[10 Del. C. SS908, 909, 912; 1980,Annual Re-
port]
4.6.1 Rule-making.
The judges of the Family,Court
may promulgate rules of practice and procedure for
the court.
Administrative rule-making procedures
are the same,as for the S1upreme Court,
Reference
Section 1.6.
[Const., Art. IV, S13]
4.1.2 COURT OF COMMON PLEAS.
The court Meets in
continuous session.
[Court of Common
) Pleas Criminal Rule #56(a)]
4.2.2 Organization.
The court is held in each of
the state's three counties.
There are no special-
ized divisgons of the court.
110 Del. C. S1305]
4.3.2 Jurisdpction
a. The Court of Common Pleas has jurisdiction
outside the city of Wilmington in all misdemeanors
except drug-related offenses.
Tbe court has juris-
diction in civil matters where the amount in con-
troversy does not exceed $5,000.
It also has ju-
risdiction over possession of marijuana.
b. The Court of Common Pleas has no appellate
jurisdiction.
[10 Del. C. SS1314, 4777; 1976 Annual Report,
p.
125]
4.4.2 Judges (5)
a. The judge with seniority in service is des-
ignated chief judge over all the Courts of Common
Pleas.
There are no provisions for'presiding
judges for the individual counties.
b. Court of Common Pleas judges must be lawyers
who have practiced law for 5 years prior to ap-
pointment and must fulfill various residency re-
quirements.
c. Court of Common Pleas judges are appointed
by the'Governor, with the consent of the Senate.
They serve 12-year terms.
[10 Del. C. S11302, 1303]
4.5.2 Administration
a. The chief judge over all the Courts of Com-
*
mon Pleas is the administrative head of the,Court
of Common Pleas.
He appoints the clerk of the
court and deputy clerks.
There are no provisions
for presiding judges for the individual counties.
b. The position of Court of Common Pleas admin-
istrator is authorized by the state budget bill
each year.
The administrator is appointed by the
chief judge and is responsible to the chief judge
for the administration of all nonjudicial activity
of the court.
c. The chief judge appoints a cleck of the
court.who serves all three counties and a deputy
clerk for each county.
The clerk is responsible
for the care of records and proceedings; receives
all fees, fines, and costs; administers oaths and
issues commitments; issues process; and other ad-
ministrative duties that may be assigned to him.
In practice, the administrator position and the
clerk of court position are identical.
[10 Del. C. 11302, 1309; Director of Planning]
4.6.2 Rule-making.
The judges of the mourt may
promulgate general rules of practice and procedure
for the court.
Administrative rule-making proced-
ures are the.same as for the Supreme Court.
Refer-
e'nce Section 1.6.
[10 Del. C. 11307]
189
ss
4.1.3 MUNICIPAL COURT OF WILMINGTON.
New terms of
court commence each month.
[10 Del. C. S1703]
4.2.3 Organization.
The court has_jurisdiction
within iMillgeographical boundaries of Wilmington.
The courWhas a Violations- Division that prdcesses
all moving and parking violations citations'.
[10 Del.s. S1702, 1976 Annual Report, p. 137]
4.3.3 Jurrsdiction
a. The Municipal Court of Wilmingtolp.conducts
preliminary hearings for felonies and drug-related
misdemeanors.
The court has criminal jurisdiction
within the geographical boundaries of Wilmington
in cases involving,misdemea' ors, traffic violations
and municipal.ordinance viol tions.
b. The Municipal Court
f Wilmington has no
appellate jurisdiction.
[1976 Annual Report,
.
137]
4.4.3 Judges (3)
a. The chief judge is selre ed in the same man-
'net as the other judges of the
unicipal Court of
Wilmington and is designated chi
ge for his
term.
b. Municipal Court judges must be lawyers who
have practiced law for 5 years prior to appoint-
'ment.
c. Municipal Court judges are appointed by the
Governor by and with the consent of the Senate.
They serve 12-year terms1
[10 Del. C. 41702]
4.5.3 Administration
a. The chief judge is the chief administrative
officer of the court.
He is responsible for ap-
pointing the clerk.
b. There I
no provision for an administrator
for the Munic
al Court of Wilmington.
Reference
Section 5.2.b (state-level administrator).
c. The 'clegok is appointed by the chief judge
and serves at his pleasure.
There are no provi-
sions for assigning administrative duties to the
clerk.
He supervises clerical personnel in the of-
fice.
[10 Del. C. SS1702, 1721]
4.6.3 Rule-making.
The court may establish local
rules of practice and procedure subject to the
rule-making powers of the Supreme Court.
Adminis-
trative rule-making procedures are the same as in
the Supreme Court.
Reference Section 1.6.
[Const., Art. IV, S13]
4.1.4 JUSTICE OF THE PEACE COURT.
At least one
justice of the peace must be available at all timei
in each county.
110 Del. C. S9205]
4.2.4 Organization.
Sessions of the court
re held
throughout the state.
There are 16 Justice of the
Peace Courts at present.
There are no spec alized
divisions of the court.
[10 Del. C. S9204; 1980 Annual Report, p.
147]
4.3.4 Jurisdiction
a. The Justice of the Peace Court has limited
criminal jurisdiction in minor misdemeanor cases
and in nonfelonious motor vehicle cases.
In the
city of Wilmington, the court has no.criminal ju-
risdiction.
The court has jurisdiction in civil
cases where the amount in dispute is less than
$1,500.
The Justice of the Peace Court is not a
court of record.
b. The Justice of the Peace Court has no appel-
late jurisdiction.
[10 Del. C. S9301; 1976 Annual Report, p. 147]
4.4.4 Judges (53 justices of the peace and 1 chief
magistrate)
a, Four justices of,the peace (one in each of
two counties and two in the other county) are
'/
designated as chief by administrative directive of
the chief magistrate.
b. Justices of the peace must be residents of
the counties in which they serve and must be at
least 21 years old.
c. Justices of the peace are appointed by the
Governor with the consent of the Senate.
They
serve 4-year terms.
(Const., Art. IV, S30, 1976 Annual Report, p.
147, 1980 Annual Re ortl
4.5.4 Administration
a. The Chief Magistrate is the administrative
head 9f the Justice of the Peace Courts.
b. The 'position of administrator Is authorized
by the state budget bill each year.
c. A chief clerk for each Justice of the
Peace
Court is appointed by the Chief Justice.
They su-
pervise all clerical personnel In the office.
There are no provisions for assigning administra-
tive duties to the chief clerks.
(10 Del. C. SS126, 127, 9220, 9230, 9231; 10
Del. C. Ann. S9202, Director of Planning)
4.6.4 Rule-making.
The Justice of the Peace Court
may establish local rules of practice and procedure
subject to the rule-making powers of the Supreme
Court.
Administrative rule-making procedures are,.
the same as for the Supreme Court.
Reference Sec-
tion 1.6.
[Const., Art. IV, S131
4.1.5 ALDERMAN'S COURT.
The Arderman's Court sits
In continuous session.
(Manager, Planning and Research)
4.2.5 Organization.
Alderman's Courts arg autho-
rized by town charters and have jurisdiction within
the town limits.
4.3.5 Jurisdiction
a. Jurisdiction Is limited to minor misdemean-
ors, traffic offenses, and parking
violat.ions.
Some Alderman's Courts handle civil cases.
Alder-
man's Courts are not courts of record.
b. The Alderman's Court has no appellate juris-
diction.
11976 Annual Report, p. 1731
4.4.5 Judges (20)
a. Tpe Chief Justice, by admfnistrative Crec-
tive, appoints one chief alderman and one deputy
chief alderman.
b. Ajderman's Court judges are
generallY re-
quired to be at least 18 years old and must
fulfill
some residency requirement,
according to qualifica-
tions locally established.
c. Alderman's Court judges are
selected in a
manner prescribed by city charter.
(Director of Planning)
,
4.5.5 Administration
a. The Chief Justice: by administrative
direc-
tive, appoints a chief lderman and a deputy
chief
alderman.
No formal administrative Auties have
been set by the Chief...Justice for,these two posi-
tions.
b. There is no provision for.an administrator
for the Alderman's Courts.
Refer'ence Section 5.2.b
(state=level administrator).
c. There are no statutory provisions
for clerks
in the Alderman's Courts.
Towns4may hire clerks if
they desire.
(Director of Planning)
4.6.5 Rule-making.
Reference Section 1.6.
01-1"N
u140
State-Level Administration
5.1 General administrative authority.
The Chief
Justice is the'administrative head of all courts
in the state and has general administrative and su-
pervisory powers over all the courts.
Reference
Section 1.5.a.
5.2 Administrative Office of the Courts
a. The office is authorizeck by statute.
b. Director of the Administrative Office of the
Courts
(1) The position of director is authorized
by statute.
(2) There are no formal established qualifi-
cations for the position of director.
(3) The responsibilities of the Director In-'
clude appointing appropriate Administrative Office
of the Courts personnel, assisting the Chief Jus-
tice In administrative matters, and supervising the
administrators of all stare supported courts.
The
Director is responsible for budget preparation,
collection of court statistics, and the presenta-
tion of the annual report on the courts.
He is a
liaison with agencies ,iAterested in court adminis-
tration and assists in preparation of legislation
Involving the courts.
The Director serves as sec-
retary for the Judicial Conference (reference Table.
29:
Judicial councils and conferences).
c. Office organization.
Ae Administrative Of;
fice of the Courts has a staff of 15; there are
professionals and
7 clerical staff members.
Thef
professional staff provides support services In the
following areas:
systems analysis, programming,
and computer operations; personnel systems; and
planning and research activities which include
statistical compilation.
(Const., Art. IV, S13; 10 Del. C. S128; Supreme
Court Rules
Rule 35; 1976 Annual Report, p.
11; 1980 Annual Report; Director of Planning)
Quasi-Judicial afficers
6.1.1 FAMILY COURT
6.2.1 )Iaster
a. Misters are appointed by the chief judge of
the Family Court.
b. Masters hear, matters before the court and
make orders regarding such matters.
All judgments
of masters are final unless a review de novo is re-
quested.
110 Del. C. S9131
6.1.2 MUNICIPAL COURT
6.2.2 Commissioaers
a. Commissioners are appointed by the Governor
and confirmed by the Senate.
b. Commissioners are authorized to tedecom-
plaints from individuals and make determinatioqs
of the validity of the complaints, issue warrants
and summonses, and take applications for ball bond.
In practice, commissioners exercise the same autho-
rity as magistrates, except that commissioners can-
not try cases.
(Commissioner, Municipal Court)
Judicial Discipline
7.1 COURT ON THE JUDICIARY.
The Court on the-Ju-
diciary consists of the Chief Justice, the associ-
ate justices of the Supreme Court, the chancellor
4
ei
. <4
Figure 2: Delaware state-level administrative office of the courts, 1980
Director
Deputy
Director
.1=.
1
Data
Manager
Processing
of
I
Personnel
Manager
Accounting
Reneger
I
(1,
191 4.- J i
manager of
Planning
and
Research
4.
......-..
of the Court of Chancery, and the president judge
of the Superior Court.
(Const., Art. IV, i39)
7.2 Authority and procedure for sanction.
The
Court on the Judiciary may be cgrivened by order of
the Chief Justice to investigate charges against a
judicial officer.
The charged judicial officer
V
must be served with
written statement of allega-
tions and must be given an opportunity to be heard.
It is necessary to have a two-thirds concurrence
of the members of the Court on the Judiciary in'
Aber to censure, remove, or retire a judicial of-
ficer.
All proceedings are private, except for
final orders.
[Const., Art. IV, S371
192
FLORIDA
Court of Last Resort
1.1 SUPREME COURT.
The Supreme Court sits at Tal-
lahassee, the state capital.
The court holds two
terms each year beginning in January and July.
[Constitution, Article V, Section 3; Florida
Statutes Annotated (hereinafter F.S.A.)
S25.051]
1.2 Organization.
The Supreme Court does not sit
in panels or divisions.
1.3 Jurisdiction
a. The Supreme Court may .issue (1) all writs
necessary to the complete exercise of its juris-
diction; (2) writs of prohibition to lower tribu-
nals in causes within the jurisdiction of the court
to review; and (3) writs of mandamus and quo war-
canto to state officers and agencies.
Also, any
justice may issue writs of habeas corpus return-
able before the Supreme Courtusr any justice, a
District Court of Appeal or any judge thereof, or
any Circuit Court judge.
b. The Supreme Court has jurisdiction over
criminal and civil appeals and petitions for write
of certiorari from the District Court of Appeal,
Circuit Court, County Court, agencies and commis-
sions.
The court rviews constitutional quektions,
capital cases in whrch the death penalty was im-
posed, bond validation, and cases of public inter-
est.
[Const., Art. V, S3; Florida Rules of Appellate
Procedure (hereinafter Fla. R. App. P.), Rule
9.030]
1.4 Justices (7)
a. The Chief Justice is chosen by a majority
of the members of the court for a 2-year term.
b. Supreme Court justices must be voters of the
state, must be less than 70 years of age, and must
have been members of the Florida Bar for 10 years.
c. Supreme Court justices are appoirited by the
15113°
Gov4 nor from a list of three or more ndhinees
p
ded by the Judicial Nominating Commission
reference Table 12:
Characteristics of judicial
nominating commissions).
The term by appointment
ends in January of the year following the next
general election that occurs at least 1 year after
the date of appointment.
After the temporary term,
justices must tand for election on a nonpartisan
retention ballot for a full 6-year term.
[Const., Art. V, SS2, 8, 10, 11, 11(a)]
1.5 Administration
. The Ch4ef Justice is the chief administra-
tive officer-of the judicial system.
He exercises
administration and supervision over the entire
court system through the State Courts Administra-
tor, chief judges, and trial court administrators,
known as executive assistants.
Reference Section
5.1 (General administrative authority).
The Chief Justice is the administrative of-
193
ficer of the Supreme Court and is responsible for
the dispatch of its business.
He has the power to
act on requests for stays during the pendency of
.
proceedings, to order the consolidation of cases,
to determine all procedural motions and petitions
to file or extend the time for filing briefs and
other papers provided for under the rules of the
court, to advance or continue cases, and to rule
on any other purely procedural matter relating to
any proceeding or process in the court preparatory
to a hearing or decision on the merits.
The Chief
Justice may also perform such other administrative
duties as may be required and which are not other-
wise provided for by law or rule.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The clerk of the Supreme Court is appointed
by and serves at the pleasure of the court.
He
performs such duties as the court directs.
The
clerk has custody of books, records, and the seal,
keeps the records of court proceedings, and re-
ceives fees for filing of appeals.
The clerk also
issues mandates.
[Corlett., Art. V, SS2(b), 3; F.S.A. S25.191;
Florida Rules of Judicial Administration (here-
inafter Fla. R. Jud. Admin.), Rule 2.030]
1.6 Rule-making.
The Supreme Court has the authoc".
ity to adopt rules for practice and procedure in
all courts.
The Supreme Court has promulgated
court ryles of procedure in all areas of criminal
and civil jurisdiction, juvenile rules, traffic
rules, and rules of judicial administration as
well as rules f)pr workmen's compensation, medical
mediation, and tranpition.
The Supreme Court is
charged with establishing, by rule, uniform cri-
teria for the determination of the need for addi-
tional judges, except Supreme Court justices; the
necessity for decreasing the number of judges, and
for increasing, decreasing, or redefining appel-
late districts and judicial circuits.
[Const., Art. V, SS2(a), 9; Florida Rules of
Courts 1979]
Intermediate Appellate Court
2.1 DISTRICT COURT OF APPEAL.
The Districttourt
of Appeal sits in Tallahassee, Lakeland, Miami,
West Palm Beach, and Daytona Beach.
The court
holds two terms each year beginning on the second
Tuesday in January and July.
[F.S.A. SS35.05, 35.10; State Courts Admin-
istrator]
2.2 Organization.
The state is divided into five
districts with one court in each district.
The
court sits in panels of three, with the concurrence
of two necessary for a decision.
-[Const., Art. V, S4; F.t.A. S35.05; State
Courts Administrator]
r)
Constitutional
question.
Death penalty.
Bond validation.
Figure 1:
Florida court system, 1980
SUPREME COURT
7 Justices
Jurisdiction:
- Civil and criminal appeals and writs of
certiorari from lower courts, agencies,
and commissions.
- Direct appeals on constitutional question.,
death penalty, bond violation, and cases
of great public interest.
DISTRICT COURT OF APPEAL (5)
39 Judges
Jurisdiction:
- Civil and criminal so
ale end writs of
certiorarAlfrom Circu turrI7 agencies,
and commidgions. T
CIRCUIT COURT (20)
302 Judges
Juriolictions
- Actions at law over $5,000, domestic relations,
e state cases involving decedents and minors,
g uardianship, mental health, and equity.
- Exclusive jurisdiction in felony matters.
- Exclusive jurisdiction in Juvenile matters,
except traffic cases.
Appeals de novo or on record.
Jury trials.
COUNTY COURT (67)
198 _it'd as
Juriedi
on:
- Actions
lew under $5,000, small claims.
- Miademean
ordinance violations, and pre-
Ileinary he
Inas.
Jury trials.
ItIndicates route of appeal.
194
'1
Court of
resort
last
1
Intermediate
appellate
court
Court of
general
jurisdiction
Court of
limited
jurisdiction
2.3 Jurisdiction
a. The District Court of Appeal may issue all
writs necessary to the complete exercise of its
jurisdiction.
The District Court of Appeal has jurisdic-
tion
hea*appeals taken as a matter of right
over a
riminal and civil matters from the Cir-
cuit Court, agencies, and commissions except in
matters directly appealable to the Supreme Court.
The courts may issue any necessary writs.
All ap-
peals from the deputy commissioners (workmen's com-
pensation) go to the First District Court of
Appeal.
The District Court of Appeal is a court of
final appellate jurisdiction, except for a narrow
classification of cases made reviewable by the
Florida Supreme Court.
(Const., Art. V,
S4, Chapters 79-40 and 79-312,
Laws of Florida, State v. Hays*, App., 333 So.
2d 51 (1976)1
2.4 Judges (39)
a. A chief judge for each District Court of
Appeal is chosen, by a majority of the judges of the
court.
If there is no majority, the chief judge
is chosen by the Chief Justice.
The chief judge
serves a 2-year term.
b. District Court of Appeal judges must be
voters of Che state, must be residents of the dis-
tricts they serve, must be less than 70 years of
age, and, must have been members of tohe Florida bar
for 10 years.
c. District Court of Appeal judges are chosen
in the same manner and for the same term as Su=
preme Court justices.
Reference Section 1.4.c.
(Const., Art. 'V,
S52(c), 10(b), Fla. R. App.
P., Rule 2.2.8(2)(a), State Courts Administ a-
tor]
2.5 Administration
a. The chief judge of each District Court of
Appeal is responsible for the administrative super-
vision of the court.
He may order the consolida-
tion of cases and assign cases to the judges for
preparation of opinions, orders, or judgments.
b. There is no provision; for an administrator
for the District*Gourt of Appeal.
Reference Sec-
tion 5.2.b (state-level administrator).
c. Clerks are appointed by tIleDistrict Courts
of Appeal and perform duties setrir, the courts.
The clerks of the District Courts of Appeal per-
form the same duties as the Supreme Court clerk.
Reference 1.5.c.
(Const., Art. V, 112, 4; F.S.A. 535.21; Fla.
R. Jud. Admin., Rule 2.0401
2.6 Rule-making.
The District Courts of Appeal can
make rules and regulations for the internal govern-
ent of the court, subject to the Supreme Court's
p
er to make rules of practice and procedure.
Refer nce Section 1.6.
,IF.S.A. 535.071
Court of General Jurisdiction
3.1 CIRCUIT COURT.
Two terms are held in each
county of the circuit at times prescribed by law.
Special sessions may be scheduled.
(F.S.A. 126.21 to 126.3651
3.2 Organization.
Florida is divided into 20 judi-
cial circuits, made up of from 1
to 7 counties.
Metropolitan centers are constituted as a single
circuit to include all counties within the metro-
politan area.
Circuit Courts may be divided into
specialized divisions by local court rules ap-
proved by the Supreme Court or by law.
(Conga., Art. V, 557, 20(10), F.S.A. SS26.01,
26.021, State Courts Administrator]
3.3 Jurisdiction
a. The Circuit Court has exclusive original
jurisdiction over the following:
(1) All actions not triable by the bounty
Court.
(2) All proceedings relating to the settle-
ment of the estates of decedents and minors, guard-
ianship, incompetency, and all other matters per-
taining to probate.
(3) All cases relating to juveniles except
--traffic.
(4) All criminal cases.
(5) All cases involving the legality of any
-
tax assessment or toll.
(6) The action of ejectment.
(7) All actions involving the title, bound-
aries, or right of possession of real property.
b. The Circuit Court has appellate jurisdic-
tion over matters from the County Court except when
they are directly appealable to the Supreme Court.
(F.S.A. S26.0121
3.4 Judges (302)
a. The Circuit Court does not have a chief
judge over all the circuits.
A chief judge is
chosen in each circuit for a 2-year term by a
majority of the Circuit Court and County Court
judges or,
if there is no majority, by the Chief
Justice.
Chief judges may designate administra-
tive judges.
b. Circuit Court judges must be voters of the
state, must reside in the territorial jurisdiction
of their courts, must be less than 70 years of age,
and must have been members of the Florida bar for
5 years.
c. Circuit Court judges are selected in the
same manner and for the same term as Supreme Court
justices.
Reference Section 1.4.c.
(Const., Art. V, 58, Fla. R. Jud. Admin., Rule
2.050]
3.5
Administration
a. Whereas there is no chief judge over all the
circuits of the Circuit Court, chief judges of each
circuit are responsible for the administrative
supervision of all Circuit and County C
ts in
their circuits.
Admini.strative judges, appoi
ed
by the chief judges, assist with administrative
supervision.
b. There is no provision for an administrator
over all the circuits of the Circuit Court.
Trial
court administrators, known as executive assis-
tants, have been appointed in 19 df the 20 cir-
cuits.
They perform such duties as the chief judge
may assign.
These duties' usually Include prepara-
tion of the court's calendar; office supervision;
and acting as liaison with local government; bail/
news media, and the general public.
They lso
commonly manage courtroom space and equipment.
c. The Circuit Court clerks, who exist in
county and also serve as county clerk in the
capacities of county recorder, finance officer,
treasurer, auditor, comptroller, and ex officio
member of the County Commission (the county gov-
erning body), are elected on a countywide partisan
ballot to 4-year terms.
Circuit Court clerks are
usually responsible for case scheduling and con:
trol.
Administration of staff services may be the
195
responsibility of the chief Judge, the clerk, or
the executive assistant, depending on the extent
to which the chief judges delegate the responsi-
bility.
Records management and personnel are the
responsibilities of court clerks.
Clerks are not
responsible for the Circuit Court's budget, but
only those budgetary matters pertaining to the op-
eration of their individual offices.
(Const., Art. V, §§2, 16; Const., Art. VIII,
§1; F.S.A. §28; Fla. R. Jud. Admin., Rule
2.050; Berkson and Hays, "Injecting Court Ad-
ministration into an Old System:
A Case of
Conflict in Florida," The Justice System
Journal (hereinafter cited as Berkson and
Hays), pp. 60, 68, 69; State Courts Adminis-
trator]
3.6 Rule-making.
Reference Section 1.6.
Court of Limited or Special Jurisdiction
4.1 COUNTY COURT.
The County Court sits in contin-
uous session.
(F.S.A. §34.1311
4.2 Organization.
There is one County Court in
each county.
County Courts may sit in divisions
as may be established by law, or by local rule ap-
4,
proved by the Supreme Court.
The County Courts are
currently divided into Criminal, Civil, and Traf-
fic Divisions.
(Const., Art. V, §§6, 7, 20; F.S.A. S43.30;
State Courts Administrator]
4.3 Jurisdiction
a. The County Court has original jurisdic-
tion in all misdemeanor cases not triable by the
Circuit Court, and in all violations of municipal
and county ordinances.
It also has original ju-
risdiction in all matters at law in which the mat-
ter in controversy does not exceed $5,000, exclu-
sive of interests, costs, and attorneys' fees, ex-
cept those within the exclusive jurisdiction of
the Circuit Court.
The County Court has concur-
rent jurisdiction with the Circuit Court in land-
lord and tenant cases involving claims that are
within $5,000.
The court has exclusive jurisdic-
tion over proceedings related to right of posses-
sion of real property and to the forcible or un-
lawful detention of lands and tenements.
b. The County Court has no appellate jurisdic-
tion.
(F.S.A. §§34.01, 34.011; State Courts Adminis-
trator]
4.4 Judges (198)
a. The County Court does not have presiding
judges.
b. County Court judges must meet the same qual-
ifications as Circuit Court judges with the excep-
tion of the 5-year bar membership specification.
In counties having a population over 40,000, judges
must currently be members of the Florida Bar.
In
counties having less than 40,000 population, how-
ever, judges are not required to be members of the
Florida Bar.
Reference Section 3.4.a.
c. County Court judges are elected to 4-year
terms in nonpartisan elections by the voters within
the territorial jurisdiction of their respective
courts.
(Const., Art. V, S8, 10]
4.5 Administration
a. Whereas there are no provisions for pre-
siding judges for the County Court, Circuit Court
chief judges are responsible for the administrative
0
96
supervision of the County Courts in their circuits.
Reference Section 3.5.a.
b. The executive assistants of the Circuit
Court carry out administrative duties for the
County Courts within their respective circuits.
Reference Section 3.5.b.
c. A County Court may have a clerk if autho-
rized by general or special law.
The clerk of the
Circuit Court is the clerk of the County Court un-
less otherwise provided by law.
Reference Section
3.5.c.
.
(Const., Art. V, §§2.2(d), 16; F.S.A. §34.031;
Fla. R. Jud. Admin., Rule 2.02501
4.6 Rule-making.
Refe ence Section 1.6.
10-
State-Level Administratio
5.1 General administrative authority.
The Supreme
Court is vested with the authority to make policy
as it pertains to the administration of
Florida's
court system.
The Chief Justice of the Supreme
Court is the chief judicial officer of the judicial
system.
The Chief Justice assigns justices or
judges to temporary duty in any court for which the
judge is qualified.
He supervises the court sys-
tem's financial affairs, program of continuing ed-
ucatiqp, and planning and operations research.
He
also serves as the chief representative of the
judiciary in contact with the other branches of
government.
Reference Section 1.5.a.
(Const., Art. V, §21
5.2 Office of the State Courts Administrator
s. The Office of the State Courts
Administrator
is authorized by Rule 2.030(e), Florida Rules of
Judicial Administration.
b. Sta\;hCourts Administrator
''(1)
e position was created by Supreme
Court rule in July 1972, to "assist the Chief
Justice in his capaci,ty as the chief administrative
officer of the stateMudicial system."
(2) The State Courts Administrator is ap-
pointed by the_Supreme Court.
He is informally
required to have a law degree.
He must also be a
member of the Florida Bar and must possess a back-
ground in public administration.
(3) The State Courts Administrator performs
the following duties:
(a)
Employs personnel as necessary.
(b)
Represents the state courts system
before the legislature and other bodies.
(c)
Supervises the preparation and
submission of a tentative budget for the state
courts system to the Supreme Court for its apr
proval.
(d)
Testifies before the legislature
in support of the final budget request.
(e)
Assists in the preparation of edu-
cational and training materials.
(f)
Coordinates and assists in con-
ducting educational and training sessions for court
personnel.
(g)
Assists all courts in developing
and improving the courts.
(h)
Submits recommendations for im-
proving the system to the Supreme Court.
(i)
Collects and compiles uniform fi-
nancial and other statistical data or information
on the cost, workloads, and business
of the state
courts system, and publishes an annual report.
c. Office organization.
The Office of the
State Courts Administrator consists of 18 people:
Figure 2: ,Florida state-level administrative office of the courts, 1980
State
Court
Administrator
Deputy
Court
Adedniatrator
...i,..... ..L
Businiss
1111, 041
Public
Planning
Affairs
Education
Information
and
and
and
and
Res.arch
Personnel
Training
Liiison
1....1......
Statistical
- Personnel
- Education
Executive liaison
compilation
systems
- Publication
Legislative liaison
- JPC/plannlng
- Accounting
- Training
- Public and media
Besmirch
- Budgeting
information/eervice
- Evaluation
- Purchasing
Statistical
analysis
;9)7
4
4.
1
13 professionals (including the State Courts Admin-
istrator) and 5-clerical personnel.
The profes-
sional staff provides suliport services in the fol-
,
lowing areas:
accounting, budgeting, and pur-
--
chasing; education, training, and publications;
periponnel systems; and planning and research ac-
tivities including statistical compilation, judi-
cial planning, remearch, evaluation, and statisti-
cal analysis.
[Fla. R. Jud. Admin., Rule 2.030; General Ap-
propriations, 1979-81, p. 220; State Courts
Administrators, p. 34]
Quasi-Judicial Officers
6.0 There are no provisions for quasi-judicial of-
ficers in Florida.
Judicial Discipline
,
7.1 Judicial Qualifications Commission.
The com-,
mission consists of the following 13 members:
two
District Court of Appeal judges selected by the
District Court of Appeal, two Circuit Court judges
selected by the Circuit Court, two County Court
judges selected by the County Court, 'two members
of the Florida Bar chosen by its Board of Gover-
nors, and five nonlawyers appointed
by the Gover-
nor.
9
4
198
[Const., Art. V, S12; F.S.A. S43.20]
7.2 Author4tyend procedure for sanction.
The
commission receives all complaints involving the
discipline and removal of judges.
Before the com-
mission determines that there is sufficient cause
to warrant formal proceedings, it may make prelim-
inary investigations.
It has the right to require
a judge to meet with it on an informal
basis in
reference to matters that relate to the discharge
of judicial duties.
If a preliminary investiga-
tion indicates the necessity for formal pro-
ceedings, the commission designates counsel to
prosecute the charges and represent the
commission.
The judge in question is notified of the charges
end a hearing is set.
Legal evidence only is re-
ceived and the judge is entitled to all procedural
rights.
The commission keeps I record of all pro-
ceedings.
At the conclusion of the proceedings,
the commission prepares a transcript of the evi-
dence and makes written findings of fact and con-
clusions of law when recommending to the Supreme
Court the discipline, retirement, or removal
of a
judge.
Upon recommendation of two-thirds of the
members of the commission, the Supreme Court may
order that the judge or justice be disciplined by
reprimand, be removed from office, or be involun-
tarily retired.
[Const., Art. V, §12; Florida Judicial Quali-
fications Commission Rules, Rules 6 to 22)
4
GEORGIA
Cqurt of Last Reaort
1.1 SUPREME COURT.
The Supreme Court of Georgia
sits in Atlanta,for three tet;ms per calendar year
beginning on ehe first Monday of January, April,
nd September.
Oral arguments may be heard outside
the capital.
[Georgia Code Annotated (hereinafter Ga. Code
Ann.) Sections 24-3604, 24-38011
1.2 Organization.
The Chief Justice is empowered
to create two divisions of the Supreme Court, and
to designate which judges will sit
in each divi-
sion.
The Chtef Justice himself presides over the
First Division and designates who will preside over
the Second Division.
Supreme Court Rule 38 states,
however, that for the purpose of hearing an argu-
ment, the court will sit as a whole.
[Ga. Code Ann. SS24-4011, 24-45381
1.3 Jurisdiction
a. The Supreme Court has no original juris-
diction.
b. The appellate jurisdiction of the Supreme
Court encompasses the trial and correction of
errors of law in all questions Involving construc-
tion of the constitutions of the United States or
of Georgta, apd treaties between the United States
and foreign governments; questions Involving tttle
to land, equity cases; validity of and contructton
of wills, habeas corpus, extraordinary remedies;
divorce and alimony; all capital felony cases; and
all cases certified to
It by the Court of Appeals
for review and decision.
The court also has juris-
diction in case involving state revenue, contested
elections, and the validity of legislative enact-
ments of municipalities.
This jurisdiction was
originally Nested in the court by Ga. Code Ann.
424-3903.
The court, however, has struck down that
section as. unconstitutional on the basis that the
General Assembly cannot prescribe cases to the
Supreme Court.
The same jurisdiction has since
been vested in the Supreme Court by its own rule.
The court can receive and answer certificates as
to state law from the federal appellate courts.
[Constitution 2-3104 (Article VI, Section
Ii)
Paragraph*IV; Ga. Code Ann. 124-3901; Supreme
Court Rule 36; Vol. 236 Southeast Reporters
2nd, p. 759; Fifth Annual Report p. 351
1.4 Justices (7)
a. The Chief Justice and the presiding
jultice
who acts in the place of the Chief Justice when he
is either absent or disqualified, are elected by
the justices.
The Chief Justice remains in this
role for the remainder of his term'ss justice:
b. Supreme Court justices must be
it least 30
years old, must have been state citizens for atj
least 3 years, and must have practiced law for at
least 7 years.
c. Supreme Court justices stand
for popular
election at the same time and in the same manner
199
as members of the Generst Assembly.
They are
elected for 6-year terms.
When a vacancy occurs,
the Governor appoints a person to hold office until
a successor is elected and qualified at the next
regular election.
[Const. 2-3101 (Art. VI, III) I
I4Const.
2-3103 (Art. VI, SU) I
III; Const. 2-4201
(Art. VI, SVIII) I
I)
1.5 Administration
a. There are no formal provisions concerning
the administrative authority of the Supreme Court (
or the Chief Justice over.the state judicial sys-
tem.
In regard to the Supreme Court, the Chief
Justice has no specific administrative duties other
than designating two divisions of the court, as *
noted in Section 1.2.
b. Raferenci Section 5.2.b (state-level admin-
istrator).
c. The clerk, occupying a statutorily author-
ized position, ts appoanted by the court for a 6-
year term.
There are no formal provisions for
assigning admihistrative duties to the clerk.
Re
has responsibilities as determined by the court.
Ica. Code Ann. SS24-4011, 24-4101, 24-4103)
1.6 Rule-making.
While the Supreme Court has the
power to prescrtbe, modify, and repeal rules of
procedure, pleadwg, and practice in alrkinds of
crimtnal and civil cases, thtemste rule-msking
authority rests with the Georgia General Assembly.
Supreme Court prescription, modification, repeal,
or amendment of rules does not take effect until
ratification and confirmation by the Assembly.
The
court may establish, amend, and alter its own rules
of practice without legislative concurrence.
The
Supreme Court may also prescribe administrative
rules for tre own operations.
The court may, by
rule of the court, provide for retention schedules
for court records.
(Ga. Code Ann.
SS24-390q24-4016, 40-803c,
81-1501, 81-15031
Intermediate Appellate Court
2.1 COURT OF APPEALS.
The Court of Appeals sits
in Atlanta for three terms per calendar year begin-
ning on the first Monday of January, April, and
September.
[Ga. Code Ann. S24-3801)
2.2 Organization.
The Court of Appeals has state-
wide jurisdiction.
The court sits in three panels
of three judges each.
The chief judge presides
over the first panel and designates who
will erve
in and preside over each of the other two panels.
The court sits as a whole to hear cases in which
there was a dissenting vote in one of the panels,
or when a majority of all membens determines that
a case hould be heard by the court sitting as a
whole.
(Ga. Code Ann. S124-3501(1971), 24-4011)
Figure 1:
Georgia "court system, 1980
Capital feloniea.
Conmtitutional iiau..
Title to land, va-
lidity of and con-
truct ion of wills,
equity end divorce,
SUPRFNE COURT
,7 justice.
Jurisdiction
- Appellate Jurisdiction over cases of constitutional-issue, title
to land, validity of and construction of wills, hsbeam corpus,
extraordinary remedies, convictions of capital felonies, equity,
divorce, alimony.
Certified quemtionm and certiorari from Court of Appeal..
COURT OF APPEALS
9 judges
Jurimdicticm:
Appellate jurisdiction over lower courts in cases in which the
Supreme Court ham no exclusive appellate jurisdiction.
JUVENILE COURT (55)
48 juvenile judges.
5 Stets Court and 100
Superior Court Judgem
serve in counties with
no independent Juve-
nile Coukt.
Jurisdiction:
- Dependent, neglected
and delinquent
juvenile matters.
SUPERIOR COURT (42)
110 judge.
Jurisdiction'
- Exclesive )urisdiction in divone, title to land, and equity
maters.
Law cases.
Exclumive jurisdiction in felony cameo.
Freldminery hearings nd
misdemeanor camem.
- Juvenile emitter, (if no juvenile court).
Appeal. from civil camem and confessed judgments.
Jury trials.
111
CIVIL COURT (2)
3 judo,
(Located in Bibb and
Richmond Countiem)
Jurisdiction:
- Civil law Clues
under $3,000 in
Bibb County and
under $10,000 in
Richmond County.
- Misdemeanors, pre -
liminry hearings,
end ismuance of
warrants.
Jury trials.
COUNTY ODURT (3)
2 judo.
probate
.9011$
(Locat
n,
Echo
Coun
Juri
- Civil netters
eerie, to $500,
except when ex -
cluaive jurisdic-
tion im given to
the Superior Court.
- Misdemeanors.
Jury trial,.
JUSTICE OF THE
PEACE ODURT (1774)
1551 Judge.
Jurisdiction:
- Contract., tort,
or cony:Diatom un-
der $200 (up to
92,000 in some
countiem).
Issue aaaaa nts
and act es court
of inquiry.
Internal appellate
procedure available.
A
Certiorari
MUNICIPAL =IT (2)
2
judge, (Located
in Savannah and
Columbus)
Jurimdiction*
- Civil law and
4
landlord-tenent
cases (amount
varies).
- Misdemeanor., pre-
liminry hearings.
Jury trial, in civil
cases.
STATE COURT (60)
77 judgem
Jurimdiction:
(variem)
- Civil camem not
within exclusive
jurisdiction of
the Supreme
Court.
In ex
delicto camem.
Misdemeanors,
nd pre liminsry
hearings.
Jury trial,.
MAGISTRATE COURT (4)
5 essimtrates
Jurisdiction:
Civil getter, under
91,000 ($2,000 in
Rockdale and Clarke
Counties).
Freliminaxy hearings,
mimdemesnor guilty
oleos, issue
warrants.
- Traffic matters in
Clarke County.
Jury trial, in Clarke
County.
PROBATE COURT (158)
159 Mips
Jurisdiction:
- [actuates jurisdiction in probate of wills,
delnistretion of estate., appointment of
suer:Rama, issuance of lunacy coMmismionm,
and iseuance of marriage licenses.
- Fish and sew
lows in some counties.
- Traffic in some counties.
- Truancy in some counties.
N. jury trials.
11'
Iedicates route of appeal.
SMALL CLAIMS COURT
(97)
97 Judges
Jurisdiction:
(van's.)
Civil action,
from $400 to
$5,000.
Iamue criminal
warrant., pre-
liminary
hearings.
Jury trials.
RECORDER'S ODURT, MAYOR'S ODURT,
CRIMINAL COURT, MUNICIPAL COURT, CITY
COUNCIL COURT, POLICE COURT
(383)
Jurisdiction:
- Ordinance violations, preliminry hearings.
- Traffic matter..
No jury trial..
2n
7,
mi
=Vim,
II1
Court of
last
resort
Intermediste
appellate
COUrt
Court of
mineral
jurisdiction
Court. of
limited
Jurisdiction
2.3 Jurisdiction
3.4 Judges (110).
The Georgia constitution pro-
s. The Court of Appeals has no original juris-
vides for a judge of the Superior Court in each of
diction.
Ahe state's 42 judicial circuits.
b. The Court of Appeals has appellate jurisdic-
a. There is no provision for a chief judge over
tion over cases heard in the Supertor Courts, cer-
all the circuits of the Superior Court.
Local laws
tain State and City Courts, and Juvenile Courts
may provide for chief judges for
individual courts;
when exclusive appellate jurisdiction has not been
provisions vary by court.
vested ,in the Supreme Court.
b. Superior Court judges must be at least 30
(Con't. 2-3108 (Art. VI, SU) I's VIII,
IX, Ga.
years old, must have been state citizens for at
Code Ann. SI2-3708 (1948), 6-701 (1964),
lekat
3 years, and must have practiced law for at
24-2107a)
least
7 years.
2.4 Judges (9)
c. Superior Court judges are elected to 4-year
a. The chief judge, who is also the prestding
terms by the voters .ill-
their respective' judicial
judge,
is selected by his fellow judges and serves
circuits.
Fulton CoUlty Superior Court judges,
at their pleasure.
however, serve 8-year terms.
b. Court of Appeals judges must be at least 30
(Const. 2-3201 (Art. VI, S111) 1
1, Const.
years old, must have been citizens of the state
for
2-3202 (Art. VI, SII1) 1
11, Const. 2-4201
4
at least 3 years, and must have practiced law
for
(Art. VI, 5XIII) 1
I, Ga. Code Ann. SS24-2601,
c.,,
at least 7 years.
24-2602, 24-2603, Assistant Director for Courts
c. Court of Appeals judges are elected to
6-
toordinatiou and Research)
year terms at general elections.
3.5 Administration
(Conat. 2-3103 (Art. VI, III) 1
III, Const.
a. Whereas there is no provision for a
chief
e
2-3108 (Art. VI, III) 1 VIII, Const. 2-4201
judge over all the circuits of the Superior Court,
(Art. VI, SE111) I
I, Ga. Code Ann. S524-3501,
local laws may provide for chief judges for the
24-3502)
individual circuits.
Powers and duties of chief
2.5 Administration
judges vary from court to court.
The District
a. The chief judge divides the court into
three
Council, composed of all Superior Court judges
panels, presides over the first, designates who
within each district, elects an "administrative
will sit in and preside over the other two, and
judge" for a term of 2 years.
The 10 administra-
distributes cases so as to equalize the workload
tive judges have the authority to assign consenting
among the divisions.
Superior Court judges within their respective dis-
b. There is no provision for an administrator
tricts to sit on any type of case or handle other
for the Court of Appeals.
Reference Section 5.2.1)
administrative or judicial matters in the district,
(state-level administrator).
and to request, collect, and receive infornistion
c. The clerk, occupying a constitutionally
from the Courts of record wlthin ;he district.
authorized position, is appointed by the court for
b. There is no provision for an administrator
a 6-year term.
He has responsibilities as deter-
over all the circui/s of the Superior
Court.
While
mined by the court,
there are no statutry provisions for court admin-
(Const. 2-3108 (Art. VI, III) 1 VIII; Ga. Code
istrators for the circuits, some trial court admin-
Ann. 124-3501; Outline of Basic Appellate Court
istrator positions have been created by local court
Structure in the.1).S., p. 42]
rule.
The administrative judge of each district
2.6 Rule-Makirl.
Reference Section 1.6.
may hire an administrative assistant, who acts as
a district court administrator and is
responsible
Court of General Jurisdiction
for assisting the administratve judge in his
duties, which include supervising all courts of
3.1 SUPERIOR COURT.
The Superior Court must sit
record In the judicial district.
in each county not less than twice in each year at
c. Clerks, occupying statutorily authorized
times set by law.
positions, are elected to 4-year terms.
There are
(Const. 2-3308 (Art. VI, 'IV) 1 VIII, Ga. Code
no formal provisions for assigning admintstrative
Xnn. 124-26011
duties to the clerks.
They have responsibilities
3.2 Organization.
There are 42 circuits, compris-
as determined by their respective courts.
ing 1
to 8 counties each.
A Superior Court sits
(Ca. Code Ann. S524-33A, 24-2701, 24-3305a;
at least twice a year in each county seat
(a total
Assistant Director for Courts Coordination and
of 159 locations) and has countywide jurisdiction.
Research)
There are no specialized divisions of the court.
3.6 Rule-making.
Reference Section 1.6.
(Const. 2-3201 (Art. VI, SIII) I
I; Ga. Code
Ann. I)4-26011
Courts of Limited or Special Jurisdiction
3.3 Jurisdiction
a. The Superior Court has exclusive
original
4.1.1 PROBATE COURT (formerly COURT OF ORDINARY)
jurisdiction in criminal cases where the offender
The'Probate Court holds terms on a monthly basis.
is subjected to Loss of life or confinement in the
(Ga. COde Ann. S24-21011
,
penitentiary, except in the case of juvenile offen-
4.2.1 Organization.
There are 159 Probate Courts
dere as provided by law; in cases of divorce; in
statewide (1 per county).
There are ri.o specialized
cases involving title to land; and
in equity cases.
divisions of the court.
b. The Superior Court has appellate
jurisdic-
(Const. 2-3501 (Art. VI, SVI) I
I(
tion in certain civil cases tried in the County
4.3.1 Jurisdiction
Court, or where judgment is confessed, and to re-
a. The Probate Court has exclusive original
view judgments of the Probate Co
and the
jurisdiction over the probate of wills, adminis-
Justice of the Peace Court.
[ration of estates, and appointment of guardians;
(GOnst. 2-3301 (Art. VI, 1IV) I
I; Ga. Code
the court also has the authority to issue marriage
Ann. 124-26151
licenses and permits to carry pistols or revolvers.
201
d5(
i) 1 I,
4...f
A
.....)
*
The Probate Court has criminal jurisdiction over
misdemeanor violations of the Georgia State Highway
Patrol Act of 1937 if there is no County or State
Court located in the county.
The court has juris-
dLction in all cases arising under the compulsory
school attendance law in all counties without a
State Court, provided a jury trial is waived.
In
coutfties without State or County Courts, the Pro-
bate Court also tries violations of fish and game
laws.
It may hear habeas corpus actions except in
felony cases or where a prisoner is being held for
extr'adition.
b. The Probate Court has no appellate jurisdic-
tion.
[Const. 2-3502 (Art. VI, SVI) I II; G. Code
Ann. 1124-1804, 24-1901, 26-2.904, 45-547,
50-103, 92A-501, 92A-502)
4.4.1 Judges (159).
Each of the state's 159
counties has one Probate Court with one probate
judge.
a. The Probate Courtidoes not have presiding
judges.
b.
In counties with less than 100,000 popula-
tion, Probate Court judges must be at least 21
years old, must be state citizens, and must be
qualified voters.
In counties with more than
100,000 population, Probate Court judges must be
at leas30 years old and must have either prac-
ticed law for at least 3 years or acted as clerk
of the Probate Court for 5 years.
c. Probate Court judges are elected to 4-year
terms on a partisan ballot in county elections and
serve until their successors are elected and quali-
fied.
[Const. 2-3501 (Art. VI, SVI) I I; Const.
2-3503 (Art. VI, SVI)
I III; Ga. Code Ann.
$124-1711, 24-1711.1, 24-1702, 24-1713)
4.5.1 Administration
a. There are no provisions for presiding judges
for the Probate Court.
b. There are no provisions fosr administrators
for the Probate Court.
Reference Section 5.2.b
(state=level administrator).
c. Probate judges are clerks of th911- own
courts but they may hire clerks who serve at their
pleasure.
There are no formal provisions for
assigning administrative duties to the clerks.
They have responsibilities as determined by their
respective cqprts.
(Ga. Code Ann. $24-1801)
4.6.1 Rule-making.
Reference Section 1.6.
The
Probate Court may adopt rules not inconsistent with
the constitution and laws of the United States and
the constitution and laws of Georgia.
[Ga. Code Ann. $24-106)
4.1.2 JUVENILE COURT.
The Juvenile Court sits in
continuous session.
[Director of the Administrative Office of the
Courts)
4.2.2 Organization.
Statutes provide for the
stablishment ot a Juvenile Court in all counties
having s population of more than 50,000 (approxi-
mately 18 of the 159 counties).
Less populated
counties may also have a-Juvenile Court created
upon the recommendation of two successive grand
juries.
A Juvenile Court has been established in
approximately 55 of the state's 159 counties.
In
the remaining counties, a judge of the Superior/
Court sits as the juvenile judge.
Ther% are no
specialized divisions of the court.
(Ga. Code Ann. 124-201; Fifth Annual Report,
P. 73)
202
4.3.2 Jurisdiction
a. The Juvenile Court has jurisdiction over
cases involving dependent, neglected, and delin-
quent juveniles, including appointment of guard-
ians.
It can also conduct bail and detention
hearings, issue arrest warrants, and act as a
court of inquiry.
The court has concurrent juris-
diction with the Superior Court over a child who
is alleged to have committed a delinquent act that
would be considered a crime if tried in the
-
Superior Court and for which the child may be pun-
ished by a sentence of death or life imprisonment.
The court can conduct bail hearing, issue arrest
warrants, and act as a court of inquiry.
b. The Juvenile Court has no appellate juris-
diction.
[Ga. Code Ann. $624A-301, 24A-302, 24A-1402 to
24A-1404, 24A-39011
4.4.2 Judges (48 juvenile _judge'ts;
5 State Court
judges and 100 Superior 41urt judges serve in
counties with no independent Juvenile Court)
ir
a. In practice, the judge who is senior in
service serves as the chief judge in a multi-judge
Juvenile Court.
b. Juvenile Court judges must be at least 30
years old, must haye been state citizens for at
least 3 years, and must have practiced law for at
least 3 years.
Judges are prohibited from directly
or indirectly practicing law in or being a partner
in a law firm that practices law in a Juvenile
Court.
c. Juvenile Court judges are appointed for 6-
year terms by the Superior Court judges of the
counties.
[Ga. Code Ann. $24A-201; Courts of Limited
Jurisdiction, p. 770Assistant Director for
Courts Coordination and Research; Director of
the Administrative Office)
4.5.2 Administration .
a. The administrative duties of chief judges
vary according to county.
b. While there are np statutory provisions for
judicial administrators for the separate Juvenile
Courts, five-Juvenile Courts have created such
,
positions by local court rule. 'Their administra-
tive duties vary according to county.
c. Clerks are appointed by the Juvenile Court
judges.
There are no formal provisions for assign-
ing administrative duties to the.clerks.
They have
responsibilities as determined by their respective
courts.
[Ga. Code Ann. $24A-603; Assistant Director for
Courts Coordination and Research; Director of
the Administrative'Office)
4.6.2.Rule-making.
Rules of practice and procedure
for the Juvenile Court are promulgated by the
Council of Juvenile Court Judges (reference Table
26:
Judicial councils and conferences).
[Ga. Code Ann. $24A-5011
4.1.3 JUSTICE OF THE PEACE COURT.
The Justice of
the Peace Court holds terms on a monthly balis.
[Ga. Code Ann. 124-9011
4.2.'3 Organization.
Unless otherwise changed by
law, there is one elected justice of the peace in
each of the militia districts.
In addition, a
notary public, who serve: as ex officio justice of
the peace, may be appointed in each militia dis-
trict.
The General Assembly may abolish Justice
of the Peace Courts in any city in which the popu-
lation exceeds 20,000.
There are no specialized
divisions of the court.
[Const. 2-3601 (Art. VI, 1VIII) I I; Director
of the Administrative Office]
4.3.3 Jurisdiction
a. Justices of the peace have criminal juris-
diction to issue warrants, hold commitment hear-
ings, and act as conservators of the peace.
Jus-
tices of the peace have jurisdiction in all civil
cases arising out of contract and in cases of
injury or damage to and conversion of personal
property, when the principal sum does not exceed
$200.
Local amendments to the constitution have
raised that amount in 18 counties to between $500
and $2,000.
b. The Justice of the Peace Court has an inter-
nal appeal mechanism as an alternative to an appeal
to the Superior Court.
This appeal may be mode to
a jury composed of the justice of the peace and
five other jurors.
[Const. 2-3602 (Art. VI, IVII) I II; Ga. Code
Ann.N)46-401, 24-1501]
4.4.3 Judges (1531 Justices of the peace)
a. The Justice of the Peace Court does not
have
presiding judges.
b. Justices of the,peace must have been county
residents for at least
years and must have been
district residents for at least 3 mionths immediate-
ly preceding their election.
c. Justices of the peace are elected to
4-year
terms in militia districts of their respective
counties.
Ex officio jurgices are appointed by
Superior Court judges and commissioned by the Gov-
ernor.
[Const. 2-3601 (Art. VI, IVII) I
1; Const.
2-3601 (Art. VI 1VIII) I
I; Ga. Code Ann.
1124-401, 24-402; Director of the Administra-
tive Office]
4.5.3 Administration
a. There are no provisions for
presiding judges
for the Justice of the Peace Court.
b. There are no provisions for administrators
for the Justice of the Peace Court.
Reference Sec-
tion 5.2.b (state-level administrator).
c. There are no provisions for clerks for the
Justice of the Peace Court.
4.6.3 Rule-making..
Reference Section 1.6.
The
Justice of the Peace Court may adopt rules not
inconsistent with the constitution and laws of the
United States and the constitution and laws of
Georgia.
[Ca. Code Ann. 124-106]
4.1.4 STATE COURT (formerly the CONSTITUTIONAL CITY
COURT).
The State Court holds terms according to
amendments to the act of the General Assembly.
[Ga. Code Ann. I24-2103a]
4.2.4 Organization.
The State Court has countywide
jufisdiction, concurrent with the Superior Court.
State Courts are authorized in counties with a
population of 10,000 or more and must be estab-
lished individually.
Local statutes may provide
for div.isions.
Since 1970, certain Criminal and
Civil Courts have been consolidated and brought
within the state court system by local legislation.
[Georgia Public Laws (hereinafter Georgia
Laws) 1970, 1287; Director of the Administra-
tive Office;, Assistant Director for Courts
Coordination and Research]
4.3.4 Jurisdiction
a. The State Court has criminal
jurisdiction
over all misdemeanor cases.
The court has juris-
diction to try and dispose all civil cases not
203
within the exclusive jurisdiction of the Superior
Court except when the original act that created the
court limited the jurisdiction of the court to in-
jury to person and reputation.
b. The State Court has no appellate jurisdic-
tion.
[Ga. Code Ann. 1124-2101a, 24-2106a; Director
of the Administrative Office]
4.4.4
-
a. While there are no general statutory pro-
'visions for presiding judges, local stItutes or
court rule may provide for one, as in Fulton
county, where judges of the State Court elect a
chief judge.
b. State.Court judges must be members of the
state bar and must have practiced law for at least
3 years.
c. State Court judges are elected to
4-year
terms by the citizens in their respective counties.
[Ga. Code Ann. 124-2111a; Georgia Laws 1970,
1287; Georgia Laws 1976, 3023; Reincke, Mary,
Ed.
The American Bench;
Judges of the Nation
(hereinafter The American Bench), p. 444]
4.5.4 Administration
a. The responsibilities and powers of the chief
judge over all the state courts are stated in
Georgia Laws 1976, 3023 and 3026.
If
chief judge
is specified for a particular State Court, the lo-
cal legislatiom creating the court must be inves-
tigated to determine if specific duties and powers
are assigned to the chief judge.
b. There are no provisions for administrators
for the State Court.
Reference Section 5.2.b
(state-level administrator).
c. Local legislation for these.courts specifies
that there be either A clerk of court or that the
Superior Court clerk will serve as the clerk of the
State Court.
[Director of the Administratiave Office of the
Courts]
4.6.4 Rule-making.
Reference Section 1.6.
4e1.5 SMALL CLAIMS COURT.
The Small Claims Court
holds terms according to the act of the General
Assembly creating the specific court and
amendments to the act.
Few courts have set terms.
[Director of the Administrative Office]
4.2.5 Organization.
Small Claims Courts are
created by local acts of the General Assembly.
Fourteen such courts were created by the 1979 leg-
islature.
Specific information on each court is
determined by the local acts.
[Director of the Administrative Office]
4.3.5 Jurisdiction
a. The various courts of the Small
Claims Court
have civil jurisdiction that ranges from $400 to
$5,000.
Most of these courts have a maximum juris-
dictional amount between $1,000 and $1,500.
Of the
97 courts, 63 have jurisdictions limited to cases
out of contract.
In all but four of the courts,
the judges have the full powers of justices of the
peace.
b. The Small Claims Court has no appellate
jurisdiction.
[Difiector of the Administrative Office]
4.4.5 Judges (97)
a. The Small Claims Court does not have
presid-
ing judges.
b. Small Claims Court judges must generally be
county residents, must be 21 years of age, and must
be of good moral character.
Judges in only a few
of the courts are required to be attorneys.
C. Eleven Small Claims Court judges are
elected.
Depending on the specific act creating
the court, the remaining judgeships are filled by
appointment by the Governor, the county grand jury,
the sienior Superior Court judge, or the county
commissioners.
In six counties, Probate or State
Court judges serve the Small Claims Court.
The
wterm of office varies from 1
to 4 years, but is
generally 4 years.
[Geor*ia Courts Journal, June 1979, p. 14;
Administrative Office of the Courts, Research
on Small Claims Courts, 19791
4.5.5 Administration
a. There are no provisions for presiding judges
for the Small Claims Court.
b. There are no provisions for administrators
for the Small Claims Court.
c. Local legislation provides that a judge may
act as his owm clerk or may, at his discretion, ap-
point a clerk to be compensated by fees.
The clerk
has responsibilities as determined by the court.
[Director of the Administrative Office]
4.6.5 Rule-making.
Some acts creating courts
specify procedures, form, etc.
Other acts give the
judges the authority to change and make rules.
[Director of the Administrative Office]
4.1.6 MUNICIPAL COURT.
The Municipal Court holds
terms on a monthly basis.
[Director of the Administrative Office]
4.2.6 Organization.
A countywide Municipal Court
exists in Columbus and Savannah.
There are no
specialized divisions of the court.
4.3.6 Jurisdiction
a. The Municipal Court Of Columbus and the
Municipal Court of Savannah have limited criminal
jurisdiction in misdemeanor offenses.
These courts
(which have countywide jurisdiction) are different
from other Municipal Courts that have criminal
jurisdiction over ordinance and traffic violations
only and are established for incorporated Funici-
palities.
The civil jurisdiction of the Municipal
Court of Columbus extends to claims not exceeding
$5,000.
The Municipal Court at Savannah hears
claims not exceeding $1,500.
b. The Municipal Court has no appellate juris-
diction.
Lkirector of the Administrative Office]
4.Xt Judges (2)
a. The Municipal Court does not have presiding
judges.
b. Municipal Court judges must be 25 years of
age, residents of their respective counties, and
must have practiced law for 5 years prior to elec-
tion or appointment.
c. Municipal Court judges are elected or ap-
pointed according to the local charter to 4-year
terms by the voters of the counties.
[The American Bench, p. 491; Director of the
Administrative Office]
4.5.6 Administration
a. There are no provisions for presiding judges
_for the Municipal Court.
b. There are no provisions for adilinistrators
for the Municipal Court.
c. Local legislation provides for a clerk in
Savannah, who is appointed by the Board of Commis-
sioners upon recommendation of the judge.
In
Columbus, the clerk is elected to a 4-year term by
the votefs of the city.
The clerks have responsi-
bilities as determined by the court.
[Director of the Administrative Office]
204
\4I
4.6.6 Rule-making.
Rule-making authority is the
same as that fot the Superior Court (which follows
that of the Supreme Court.)
Reference Section 1.6.
[Director of the Administrative Office]
4.1.7 MAGISTRATE COURT.
The term of the Magistrate
Court varies.
Terms may be held on a monthly or
semi-monthly basis.
[Georgia Laws 1977, 4450 at 4459; Georgia Laws
1978, 3907 at 39131
4.2.7 Organization.
A Magistrate Court has been
established in four counties.
There are no
specialized divisions of the court.
4.3.7 Jurisdiction
a. The Magistrate Court has criminal jurisdic-
tion over minor criminal cases.
The court has the
same criminal jurisdiction as a justice of the
peace, which includes issuing warrants and conduct-
ing committal hearings.
In Clarke County, the
court hears traffic violations.
They also hear
county ordinance cases.
Civil jurisdiction is lim-
ited to cases involving a dollar amount of $1,000
or less except in Clarke and Rockdale Counties,
where the courts have civil jurisdiction over
claims of $2,000 or less.
b. The Magistrate Court has no appellate juris-
diction.
[The American Bench, p. 491; Director of the
Administrative Office]
4.4.7 Judges (5 magistrates)
a. The Magistrate Court does not have presiding
judges.
-
b. Qualifications for Magistrate Court judges
vary.
In Baldwin County, the Small Claims Court
judge serves as the judge of the Magistrate Court.
In Rockdale County, Eagistrates must be 25 years
of age, must be taxpayers, must be members of the
bar, must have been residents of the county for 2
years, and must have been in the practice of law
in the state for 3 years.
In Clarke County, magis-
trates must be 27 years of age, must have been
residents of the county for 2 years, and must have
been in the practice of law for 3 years.
c..Magistrates in Rockdale County are appointed
for.2-year terms by the Board of Commissioners.
In Baldwin and Glynn counties, they are appointed
for 4-year terms by the Governor.
In Clarke
County, they are elected to 4-year terms by the
voters of the county.
[Director of the Administrative Office]
4.5.7 Administration
a. There are no provisions for presiding judges
for the Magistrate Court.
b. There are no provisions for administrators
for the Magistrate Court.
c. Local legislation creating the court pro-
vides for a clerk, who is generally appointed by
the judges or the county Board of Commissioners.
[Director of the Administrative Office]
4.6.7 Rule-making.
The Magistrate Court judge
makea rules for his court in Rockdale County.
The
judge of the Magistrate Court in Clarke County does
not have rule-making authority.
The legislation
creating the Magistrate Courts in Glynn and Baldwin
Counties does not specify a rule-making authority.
[Director of the Administrative Office]
4.1.8 COUNTY COURT.
The County Court holds terms
on a monthly basis.
[Director of the Administrative Office]
4.2.8 Organization.
Single-judge County Courts
have been established by local act in Baldwin,
Echols, and Putnam Counties.
There are no special-
ized divisions of the court.
[The American Bench, p. 4901.
4.3.8 Jurisdiction
a, The County Court has criminal Jurisdiction
only in misdemeanor cases.
The court has civil
Jurisdic/ion concurrent with the Superior Court
except in cases that are within the exclusive Ju-
risdictton of the Superior Court.
In civil cases,
there is a limited Jurisdictional amount that
varies for each court.
Echols has the highest
Jurisdictional amount, which is $500.
b. The County Court has no appellate Jurisdic-
tion.
[The American Bench, p. 490; Director of,'the
Administrative Office]
4.4.8 Judg4s (2; one probate Judge serves)
a. The County Court does not have presiding
Judges.
b. In Echols County, the Probate Court Judge
serves as Judge of the County Court.
In Baldwin
and Putnam Counties, County Court Judges must be
25'year5 of age, and they must have been residents
of their respective counties for 2 years prior to
election or appointment.
c.
In Echols County, the Probate Court Judge
serves also as the County Court Judge.
In Baldwin
and Putnam Counties, the County Court Judges are
appointed for 4-year terms by the Governor.
[Director of the Administrative Office]
4.5.8 Administrar%on
a. There are no provisions for presiding Judges
for the County Court.
b. There are no provisions for administrators
for the County Court.
c. Local legislation states.that in Echols
County the probate Judge serves as ex officio clerk
of the County Court.
In Putnam and Baldwin Count-
ies, the Judges have the responsibility
for keeping
dockets and records.
[Director of the Administrative Office]
4.6.8 Rule-making.
In Echols, Baldwin, and Putnam
Counties, rule-making is the same as that for the
Superior Court (which follows that of the Supreme
Court).
Reference Section 1.6.
[Georgia Laws 1953, 31951
4.1.9 CIVIL COURT.
The Civil Court holds terms on
a monthly basis.
,
[Director of the Administrative Office]
4.2.9 Organization.
Two Civil Courts currently
exist:
the Civil Court of Bibb County and the
Civil Court of Richmond County.
There are no
specialized divisions of the court.
[Georgia Laws 1955, 2552; Georgia Laws 1971,
2745]
4.3.9 Jurisdiction
a. The criminal jurisdiction of a Justice of
the peace is vested in both courts, enabling a
Judge to issue criminal warrants and serve as a
committal court for misdemeanor and felony offen-
ses.
The Civil Court of Bibb County has jurisdic-
tion in civil cases not exceeding
$3,000 and is ex-
pressly provided authority to .try suits against
non-residents whet.; service is perfected on the sec-
retary of state.
In Richmond County, the Civil
Court has Jurisdiction in cases not exceeding
$10,000.
b. The Civil Court has no appellate jurisdic-
tion.
(Ga. Code Ann. S68-8; Georgia Laws 1971, 2745,,
Georgia Laws 1979, 30621
4.4.9 Judges (3)
a. The chief Judge of the Civil Court of
Richmond is elected to a 4.-year term.
b. Civil Court Judges must be qualified voters
of their respective counties.
They must also have
a minimum of 5 years of experience in the practice
of law immediately preceding the election.
In Bibb
County, Judges must be at least 25 years of age.
c. Civil Court Judges are elected to 4-year
terms by the voters of their respective counties.
[Director of the Administrative Office]
4.5.9 Admineltoration
a. The chief judge may appoint a
clerk,
sheriff, chief deputy sheriff, court reporter, and
secretaries.
He determines the compensation of
these officers within limitations
s'et by statute.
b. There are no provisions for administrators
for the Civil Court.
c. Local legislation provides for a clerk of
court.
The clerks have responsibilities as deter
mined by the court.
[Director of the Administrative Office]
4.6.9 Rule-making.
Reference Section 1.6.
4.1.10 RECORDER'S COURT, MAYOR'S COURT, CITY
COUNCIL COURT, CRIMINAL COURT, POLICE COURT,
MUNICIPAL COURT (except Savannah and Columbus)
There are 383 of these courts which are'
created in the city charters and may have moved
from active to inactive status and back se,veral
times during the history of the city.
Generally
there are no set terms in these courts.
Geographical jurisdiction extends only over
the municipality.
They have original Jurisdietion
over municipal ordinances including traffic
offenses and have the powers of a justice of CRe
peace.
They have no appellate jurisdiction.
Generally, these courts have only one Judge
each.
Judges of the Recorder's Court are ap-
pointed and serve at the city government's plea-
sure.
In a Mayor's Court, the mayor sits as
judge
for his term in office.
Each individual charter
determines the-requisite qualifications of the
Judge.
These vary considerably, but many do have
a residency and age requirement.
State-Level Administration
5.1 General administrative authority.
There are
no formal provisions concerning the administrative
authority of the Supreme Court or the Chief Justice
over the state judicial system.
The Judicial Coun-
cil (reference Table 29:
Judicial councils and
conferences) acts as an advisciry body on matters
of state court administration.
[State Court Administrators, p. 361
5.2 Administrative Office of the Courts
a. The Administrative Office of the Courts was
created by aict of the 1973 Gineral Assembly.
b. Director Of the Administrative Office of the
Courts
(1) The position was created in 1973 by the
General Assembly.
(2) In practice, the Director of the Admin-
istrative Office of the Courts must have under-
graduate and graduate degrees in business adminis-
tration, public administration, or judicial admin-
istration.
He must eilso have experience at a mana-
gerial level in judicial administration and must
possess a proven professional commitment
to judi-
cial administration.
The Judicial Council (refer-
ence Table 29:
Judicial councils and conferehces)
205
\
0 ) (1
Superior Courts
Sentence Review
Panel
IN.m
Figure 2: .Georgia state-level administrative office of the courts, 1980
Judicial Council
of
Georgia
Judicial
Planning
Commission
I
Institute of Con-
tinuing Judicial
Education
Clerk
'i
I
a
AM
11
Deputy
Cledt
'
Staff
Director
Assistant Director
for
Administration
1
IISecretary
II
FOlisfci:er
Par t -t imp
Secretary
IBookkeeper I
Administra-
tive
Assistant
?
1
1
1
1
Administrative
Office of the
Courts
Director
Board of
Court
Report
1
I
Secretary
I
1
a
Council of
Juvenile Court
Judges
Assistant
Director for
Operations
Education
Officer
Secretary
1
Traffic
Courts
Training
Coordinator
Secretry
..
.-,
ISecretary
ww
IRecep-
tionist/
typist
-
_
[
1
I
I
L
Clerk
..%
Courts
Consult
Facilities
ICourts
Consult Jury
Management
I
IAssistant Director
for Court Coordina-
tion and Research
Secretry
I
Courts Consult
Research Associate
Records
Records
Management
Management
I
Courts
Consult
Traffic
Consult
Systems
Analyst
1
Computer
Programmer
w.
wIllo
Secretary
Research
11
Court
Associate
Consultant
Senior
Juvenile
1
I
Research
Associate
I Secretary
I
IResearch
Assistant
I) 1
4
screens applicants
credentials before appointing
a Director.
(3) The Director is responsible for as-
sisting in the preparation of the state judicial
branch budget, appearing before legislative com-
mittees, and providing staff services to the
Judicial Council.
c. Office organization.
The Administrative Of-
fice of the Courts consists of 24 people:
17 pro-
fessionals, (including the Director of the Adminis-
trative Office) and 7 clerical personnel.
In addi-
tion, one person works part-time.
The professional
staff provides support services in the following
areas
systems analysis, programming, computer op-
erations, records management, forms development,
field representation, and data entry; court coordi-
nation, facilities management, and other court
services; payroll, accounting, auditing, budgeting,
and purchasing, education, training, library serv-
ices, and publications, personnel systems and of-
fice management, legislative, executive, public,
and media information, legislative and executive
liaison; and planning and research activities,
which include statistical compilation, judicial
planning, 04.earch, evaluation, statistical analy-
sis, and legislativ0 drafting.
[Georgia Laws 1973, 288, June 12, 1978 Supreme
Court Rule, State Court Administrators, pp.
36-37, Director of the Administrative Office,
Assistant Director for Court Coordination and
Research]
Quasi-Judicial Officers
6.1.1 SUPERIOR COURT
6.2.1 SEectal master
a. The Superior Court judge may appoint
special
masters who serve at the pleasure of the appointing
judge.
A special master must be a practicing
attorney, must be in good standing, and must have
practiced law for at least
3 years.
b. Special masters serve in lieu of a board of
assessors, and possess the same authority as that
board, at land cndemnation hearings in the
Superior Court.
[Ga. Code Ann. M6-606a, ]6-611a; Director of
.
the Administrative Office of the Courts]
6.1.2 JUVENILE COURT
6.2.2 Referee and traffic referee
a. A Juvenile Court judge may appoint one or
more persons to serve full-time or part-time as a
referee in juvenile matters or
traffic referee
in juvenile traffic matters.
The referees serve
at the pleasure of the judge.
A referee must be a
member of the state bar or otherwise be qualified
by training and experience for his duties.
b. The judge may direct, with the consent of
all parties, that any case involving alleges delln-
207
quency, or unruly or deprived children be conducted
In the first instance by a referee.
The judge may
also direct that any case or class of cases invol-
ving juvenile troffic offenses be heard tn the
first Instance by a traffic referel..
[Ga. Code Ann. SS24A-701, 24A-3102]
6.1.3 COBB COUNTY STATE COURT
6.2.3 Magistrate
a. Magistrates must be 21 years old and must
be citizens of Cobb County and of Georgia.
They
must also be members of the Georgia Bar.
Magis-
trates are elected to 4-year terms.
b. Magistrates may issue warrants, conduct
commitments, or admit offenders against the laws
of the state to bail.
Upon the authority of the
senior judge of the State Court, they can try all
cases involving violations of the ordinances of
Cobb County and the traffic laws of the state.
6.1.4 RECORDER'S COURT OP DEKALB COUNTY
6.2.4 Magistrate
a. Commissioners of DeKalb County may ippoint
magistrates to the Recorder's Court of DeKalb
County.
This is the authority for the creation of
the Magistrate's Division of the Recorder's Court
of DeKalb County.
The two magistrates are appoint-
ed by the County Commissioners.
b. The magistrates issue warrants, hold com-
mital hearings, and set bail.
Judicial Discipline
7.1 Judicial Qualifications Commission.
The com-
mission consists of seven members:
two judges of
any court of record selected by the Supreme Court,
three members of the state bar elected by the Board
of Governors of the state bar, and two non-lawyer
citizens appointed by the Governor.
[Const. 2-4203 (Art. VI, inn) 1 MOM
7.2 Authority and procedure for sanction.
The com-
mission may, after an investigation of a judicial
complaint, order a hearing to be held before it
concerning the retirement or removal of a justice
or judge.
The commission may also request the
Supreme Court to appoint a special master to hear
and take evidence on the matter and report back to
the commission.
If, after hearing, or after con-
sidering the record and report of the master, the
commission finds good cause, it can recommend to
the Supreme Court the removal, other discipline,
or retirement of the justice or judge.
The Supreme
Court can review the record of the proceedings,on
the law and facts, and in its discretion may permit
the introduction of additional evidence and order
removal or retirement, as it finds just and proper.
The Supreme Court can also reject the recommenda-
tions of the Judicial Qualifications Commission.
[Const. 2-4203 (Art. VI, SMII) I
III(b)]
Figure 1:
Hawaii court system, 1980
SIMI= COURT
5 justices
Jurisdiction:
- Originsl jurisdiction to issue all necessary
writs and other jurisdiction as may be
provided by lew.
txclusive jurisdiction over all bar examina-
tion matters, licensing of attorneys, and
questions reserved by
federal appellate
court.
Appellate jurisdiction over all lower courts.
v11L,
INTIMMIDIATI COURT OF APPEALS
3 Jud Des
Jurisdiction:
- Concurrent jurisdiction with
Supreme Court ever all setters
not within the xclusive juris-
diction of the Supreme Court.
/5
CIRCUIT COURT (4)
20 judges and 5 district fasily judses
CIRCUIT COURT
FAMILY COURT
Jurisdiction:
Jurisdiction:
- Inclusive jurisdiction in
tion matters over $5,000;
concurrent with District
- Domestic relations, adop-
tion, child custody,
appointment of a guardian.
Court in civil matters over
- Juvenile.
$1,000 but less than $5,000.
Probate.
- Felony, misdemeanor.
Jury trials.
LAND MORT+
(1 First Circuit Court judge
serves)
Juriediction:
- txclusive juriediction in all
applications for land title
registration, asassent, or other
rights in registered land, and
all questions arising under such
applications.
Indicates route of appeal.
TAX APPEAL COURT+
(I First Circuit Court judge
serves)
Jurisdiction:
- Original jurlsdiction in all dis-
putes between the ssssss or and
taxpayer.
DISTRICT COURT (4)
18 judges
DISTRICT COURT
SMALL CLAIMS DIVISION
Jurisdiction:
Juriediction:
- Civil jurisdiction
- Civil cases under
under $5,000.
(over-
$1,000.
Landlord
laps with Circuit
and tenant.
Cburt between $1,000
and $5,000.)
- Felony prelimineries,
misdemeanors, ordinance
violation,.
No jury trials.
Indicates assignment of cases.
the Laud Court and Tax Appeal Court hoer special cases, but ars
courts for this report became* circuit court Judaea serve.
considered eneral jurisdiction
201P r) 11
A. A,.
1111,
MIMI&
Court of
last
resort
Intermediate
appellate
court
Courts of
general
jurisdiction
Court of
limited
jurisdiction
HAWAII
Court of Last Resort
1.1 SUPREME COURT.
The Supreme Court sits in Hono-
lulu; however, the Chief Justice may appoint
dif-
ferent place for the sitting of court, pro tempore.
The court sits in continuous session.
[Hawaii Revised Statutes (hereinafter H.R.S.)
Section 602-91
1.2 Organisation.
The court, which has statewide
jurisdiction, does not sit in panels or divisions.
Parties are not entitled to a hearing.
Hearings
are held at the discretion of the court.
[H.R.S. 1602-10)
Jurisdiction
a. The Supreme Court has the power to exercise
original jurisdiction in all questions arising un-
der writs directed to courts of limited
jurisdic-
tion and returnable before the Supreme Court; or
if the court consents to receive the case, arising
under writs of mandamus directed to public
officers
to compel them to fulfill the duties of their of-
fices.
The court has such other jurisdiction as
may be expressly conferred by law.
The court may
issue writs of habeas corpus or orders to show
cause.
In addition, the court may issue any neces-
sary writs; make and award judgments, decrees,
orders, and mandates; issue executions and other
,
processes; and do such other acts and take
such
other steps as necessary.
Bar examinations and the
granting of licenses to practice law are under the
jurisdiction of the Supreme Court.
b. The Supreme Court has the following appel-
late jurisdiction and powers;
(1) To tear and determine all questions of
law, or of mixed law and fact, which are properly
brought before it on any appeal allowed by law from
any other court or agency.
(2) To answer, in its discretion, any ques-
tion of law reserved by a Circuit Court, the Land
Court, or the Tax Appeal Court, or any question or
proposition of law certified to it by a federal ap-
pellate court if the Supreme Court so prdvides by
rule.
(3) To entertain, in its discretion, any
case submitted without suit when there is a ques-
tion in difference that might be the subject of a
civil action or proceeding in the Supreme Court,
Circuit Court, or Tax Appeal Court, and the parties
agree upon A case containing the facts upon
which
the controversy depends.
c. The Supreme Court has concurrent jurisdic-
tion with the Intermediate Court of Appeals on all
of the above matters except bar examinations and
licensing of attorneys end except question* re-
served by a federal appellate'courto Thole
.
matters are reserved to the Supreme Court.
[H.R.8. 11602-3(1)-(3), 602-,(4)-(7), 605.1,
6601
,
41W
1.4 Justices (5)
a. The Hawaii Constitution
provides for a Chief
Justice who is selected in the same anner and for
the same term as the other justices.
b. Supreme Court justices may not hold other
office under the state or the United States. Jus-
tices must have been admitted to the practice of
law in the state for at least 10 years.
c. Supreme Court justices are appointed for 10-
year terms by the Governor with the consent
of the
Senate from a list of six nominees submitted to the
Governor by the Judicial Selection Commission (Ref-
erence Table 12:
Characteristics of judicial nomi-
nating commissions).
If the Senate rejects the
nominee, the Governor must select another name.
Upon the expiration of their first term, justices
who seek reappointment are either retained or re-
tired by the Judicial Selection Commission.
[Constitution, Article V, Section 3; Const.
Art. VI, 112, 31
1.5 Administration
a. The Chief Justice is the administrative head
of the courts.
Reference Section 5.1 (General
.
administrative authority).
He exercises
, administration and supervision over the entire
court system through the Administrative
Director
of the Courts, administrative judges, and clerks.
The Chief Justice may assign an intermediate ap-
pellate court judge or a circuit judge or request
a retired justice as provided by,law to serve
temporarily on the Supreme Court.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. Hawaii Revised Statutes
1606-1 authorises
the position of Supreme Court clerk.
The clerk is
appointed by and serves at the pleaskre of the Su-
preme Court.
He may issue process, administer
oaths, take depositions, and perform all other du-
ties pertaining to the office.
He attends and re-
cords the proceedings at all sittings
of the court.
[Const., Art. VI, 12; H.R.S. 11601-1(a), 606-8)
1.6 Rule-making..
Only the Supreme Court has the
power to promulgate rules and regulations
relating
to process, practice, procedure, and appeals
in all
.criminal and civ1.1 caes foi all bourts.
These
rules and-regulations have the force and effect of
law.
Hawaii gevised Statutes 1601-2(b) authorizes
the SupremM Court to promulgate specific rules of
administration to implement the powers there speci-
fied.
(Const., Art. VI, 17; HALL 1
I-2(b),
'I
602..11)
ntermediate Appellate Court
2.1 INTERMEDIATE COU1T 'OF APPILALS.
The Intermed-
iate Court of Appeals was created by the legisla-
ture in 1979 by Act III of Hawaii Session Laws.
209
The court sits in Honolulu and is in continuous
session.
[Hawaii Session Laws, Act III 1979]
2.2 Organization.
The court has statewide juris-
diction and consists of a chief judge and two as-
sociate judges.
Parties are entitled to a hearing
before a panel of not less than three intermediate
judges (or substitute) judges.
It is anticipated
that in the future the court will sit in panels,
but presently there are only three judges.
[H.R.S. SS602-12, 602-16]
2.3 Jurisdiction
a. The Intermediate Court of Appeals has con-
current jurisdiction with the Supreme Court, ex-
cepting bar examinations, subject% to assignment of
cases by the Chief Justice or his designee.
Refer-
ence Section 1.3 (Jurisdiction).
Assignment of cases to the Intermediate
Court of Appeals and to the Supreme Court is made
4 the Chief Justice or his designee using the
following criteria or other relevant factors:
(1) Whether the case involves a question of
first impression or presents a novel legal ques-
tion; or
(2) Whether the case involves a question of
state or federal constitutional interpretation; or
(3) Whether the case raises a question of
--tkaw regarding the validity of a state statute,
county ordinance, or agency regulation; or
(4) Whether the case involves issues upon
which there is an inconsistency in the decisions
of the Intermediate Court of Appeals or of the
Supreme Court; or
(5) Whether the sentence in the case is life
imprisonment without possibility of parole.
Cases involving the above questions may be
retained in the Supreme Court.
All other matters
may be assigned to the Intermediate Court of
Appeals, taking into consideration the workloads
of both courts.
b. At the discretion of the Supreme Court, re-
assignment of a case to the Supreme Court may be
made by certification on the granting of a motion
made in the Intermediate Court of Appeals, or by a
petition directly to the Supreme Court in cases of
imperative or fundamental public importance.
The
Chief Justice may transfer cases to and from
either appellate court.
Appeals from Intermediate Court of Appeals
decisions are made by application to the Supreme
Court for 'a writ of certiorari, the granting of
which is discretionary with the Supreme Court.
[H.R.S. SS601-2(a), 602-5(9), 602-6, 602-19,
602-20; Supreme Court Rules 27, 30; Inter-
mediate Court of Appeals Rule 16]
2.4 Judges (3t
a. The chief judge is selected using a merit
selection plan and serves for a term of 10 years.
b. The qualifications for the chief judge and
for associate judges arp the same.
They must be
residents and ci4zens of Hawaii and of the United
States and must have been licensed to practice law
in Hawaii for 10 years prior to their being nomi-
nated for their posts.
c. Judges of the Intermediate Court of Appeals
are selected to serve 10-year terms by appointment
by the Governor from individual lists prepared by
the Judicial Selection Commission (Reference Table
12:
Characteristics of judicial nominating commis-
sions), each of which must contain at least six non-
inees.
The Governor's appointment must be approved
by the Senate and if the Senate does not approve,
210
the appointment fails and the Governor must select
another name from the list.
After their first
term expires, judges are retained or retired by
the Judicial Selection Commission.
[Const., Art. VI, S3]
2.5 Administration
a. The chief judge supervises the administra-
tive functions of the Intermediate Court of Ap-
peals.
b. There is no provision for an administrator
for the Intermediate Court of Appeals.
Reference
Section 5.2.b (state-level administrator).
The
chief judge exercises administration of the court
under the direction of the Chief Justice and the
Administrative Director of the Courts, who assists
the Chief Justice with administration.
c. The clerk of the Intermediate Court of Ap-
peals and deputies and assistants (not yet appoint-
ed) serve at the pleasure of the judges of the
court.
[Administrative Director of the Courts;
Const., Art. VI, S6; H.R.S. SS601-2, 601-3;
H.R.S. S602-121
2.6 Rule-making.
The Supreme Court promulgates
rules for the Intermediate Court of Appeals.
Ref-
erence Section 1.6 (Rule-making).
Court of General Jurisdiction
3.1.1 CIRCUIT COURT.
The Circuit Court sits in
continuous session and is always open for the pur-
pose of filing or serving of process.
[Hawaii Rules of Civil Procedure Rule 77(a)]
3.2.1 Organization.
The state is divided into foUr
judicial circuits, corresponding to the geographic
boundaries of the four counties:
the First, Sec-
ond, Third, and Fifth, which counties are, respec-
tively, Honolulu, Maui, Hawaii, and Kauai.
There
has been no Fourth Circuit since it was incorporat-
ed into the Third in 1943.
The Family Court is a
division within the Circuit Court designed to deal
expressly with juvenile offenders and domestic
relations matters.
Within each Family Court in
each judicial circuit, there are also District Fam-
ily Courts which decide those cases assigned by the
Circuit Family Court judge, or by the senior judge
in the case where there is pore than one circuit
judge authorized to exercise Family Court jdtisdic-
tion.
[H.R.S. SS571-11, 571-14 and H.R.S. Chapters
,572-577A, 578-584]
3.3.1 Jurisdiction
a. The Circuit Court is the trial court of gen-
eral jurisdiction.
It has exclusive jurisdiction
in criminal felony cases.
It also has exclusive
jurisdiction in civil suits involving more than
$5,000.
In,addition, it has concurrent jurisdic-
tion with the District Court in civil matters in-
volving less than $5,000 but more than $500.
' Probate proceedings and determination of
heirs, cases involving marital actions, juveniles,
and other domestic matters are heard within the
Family Court Division.
b. The Circuit Court has jurisdiction over all'
causes that may properly come before the court on
any appeal allowed by law from any other court or
agency.
[H.R.S. SS603-21.5, 603-21.8]
3.4.1 Judges (20 and 5 district family judges
assigned to Family Court).
The Hawaii Revised
Statutes provide for the number of circuit judges
based on population.
j
a. There is,no provisign for a chief judge over
all the circuits of the Circuit Court.
The Chief
Justice of the Supreme Court may appoint adminis-
trative judges for the individual circuits that
have more than one judge for such a period as the
Chief Justice may determine.
b. Circuit Court judges must meet the same
-
qualifications as Supreme Court justices.
Refer-
ence Section 1.4.b (Judges).
c. Circuit Court judges are selected in the
same manner and for the same term as Supreme Court
justices.
Reference Section 1.4.c (Judges).
[H.R.S. 11601-2, 606-3, 606-41
3.5.1 Administration,
a. Whereas there is no chief judge over all the
circuits of the Circuit Court, the administrative
judges for the Individual circuits manage the busi-
ness of the courts, subject to the rules bf the
Supreme Court and the direction of the Chief Jus-
tice.
b. There are no provisions for an administrator
over all the circuits of the Circuit Court or for
administrators for the individual circuits.
Refer-
ence Section 5.2.b (state-level administrator).
c. The chief clerks for the individual circuits
are charged with the responsibility for court ad-
ministration.
They perform the same duties as the
Supreme Court clerk.
Reference Section 1.5.c.
[H.R.S. 1601-21
3.6.1 Rule-makint.
The Supreme Court may promul-
gate rules and regulations for the Circuit Court.
Reference Section 1.6 (Rule-msking).
[Const., Art. V, 161
NOTE:
For purposes of this report, the Land Court
and Tax Appeal Court are categorized as Gen-
eral Jurisdiction Courts since circuit
judges serve.
3.1.2 LAND COURT.
The Land Court sits in Honolulu,
the First Judicial Circuit, but may adjourn to
other places as public'conveniences requisle.
The
Land Court judge so arranges the sessions as to en-
sure a prompt discharge of the business of the
court.
[H.R.S. 11501-1, 501-31
3.2.2 Organization.
There are no pecialized divi-
sions of the court.
[H.R.S. 1501-11
3.3.2 Jurisdiction
a. The Land Court, a statewide court of record,
has exclusive jurisdiction in all applications for
land title registrations, easements, or other
rights in registered land within the state, and in
all questions arising under such applications.
b. The Land Court has no appellate jurisdic-
tion.
[H.R.S. 1501-11
3.4.2 Judges (1 First Circuit judge serves)
a. There is no provison foe. a chief judge for
the Land Court.
,
b. The Land Court judge must be a judge of the
First Circuit, and therefore must have been a mem-
ber of the state bar licensed by the Supreme Court
for at least 10 years.
c. The Land Cqurt judge is a Circuit Court
judge designated by the Chief Justice to serve as
judge of the Land Court.
He serves until appoint-
ment of a successor (I0-year epdimum unless reap-
pointed to the Circuit Court).
All Circuit Court
judges are appointed by the Governor from individ-
ual lists of at least six nominees submitted by the
211
Judicial Selection Commission (Reference Table 12:
Characteristics of judicial nominating commissions).
The Senate must approve the appointment.
If the
Senate disapproves, the appointment fails and the
Governor must select another nominee from the list.
Retention is in the same manner as for all judges.
[Const., Art. VI, 13; H.R.S. 1501-21
3.5.2 Administration*
a. There is-no provision for a chief judge for
the Land Court.
I b. There is no provision for an administrator
for the Land Court.
Reference Section 3.5.2.c be-
low.
c. The clerk, or registrar, is authorized by
statute and serves as cierk of both the Land Court
and the Tax Appeal Court.
The clerk is charged
with the responsibility for court administration.
He has custody and control of all papers and docu-
ments filed with him.
The registrar may, with the
sanction of the court, employ such clerks and mes-
sengers as are necessary.
[H.R.S. 51232-9, 501-6, 501-7; Administrative
Director of the Courts1
3.6.2 Rule-makinii.
The Supreme Court may promul-
gate rules and regulations.for theLand Court.
Reference Section 1.6 (Rule-making).
[Const., Art. VI, 171
3.1.3 TAX APPEAL COURT.
The Tax Appeal Court com-
mences sessions not later than July 1st of each
year.
The court may adjourn from time to time and
may hold special sessions.
Sessions of the Tax Ap-
peal Court,
statewide court of record, are held
"at such places as determined" by the court, which
sits in Honolulu, the First Judicial Circuit.
[H.R.S. 11232-8, 232-101
3.2.3 Organization.
There are no specialized divi-
sions of the court.
[4R.S. 1232-81
3.3.3 Jurisdiction
a. The Tax Appeal Court has original jurisdic-
tion in all disputes between the assessor and tax-
payer.
The Tax Appeal Court's jurisdiction is lim-
ited to the amount of the taxes or valuation in
dispute.
b. The Tax Appeal Court has no appellate juris-
diction.
[H.R.S. 1232-131
3.4.3 Judges (1 First Circuit judge serves)
a. There is no provision for a chief judge for
the Tax Appeal Court.
b. The Tax Appeal Court judge must meet the
same qualifications as the judge of the Land Court.
Reference Section 3.4.2 (Judges).
c. The Tax Appeal Court judge is selected in
the same manner and for the same term as the judge
of the Land Court.
Retention is in the same man-
ner.
Reference Section 3.4.2 (Judges).
[H.R.S. 1232-81
3.5.3 Administration
a. There it no provision for a chief judge for
the Tax Appeal Court.
b. There is no provision for an administrator
for the Tax Appeal Court.
Reference Section
3.5.3.c below,
c. The clerk, or registrar, is authorized by
statute end serves as clerk for both the Tax Appeal
Court and the Land Court.
The clerk is charged
with the responsibility for court administration.
Reference Section 3.5.2.c.
[H.R.S. 11501-6, 232-9; Administrative Director
of the Courts]
4- ,...,
7
,r
3.6.3 Rule-making.
Only the Supreme Court may
promulgate rules and regulations for the Tax Appeal
Court.
Reference Section 1.6 (Rule-making).
[Const., Art. VI, S71
Court of Limited or Special Jurisdiction
4.1 DISTRICT COURT.
The District Court.holds ses-
sions as often as the District Court judges deem
essential.
[H.R.S. S604-11
4.2 Organization.
A District Court is established
in each of the four judicial circuits in Hawaii.
There is a Small Claims Division of the District
Court.
[H.R.S. SS604-1, 633-271
4.3 Jurisdiction
a. The District Court conducts preliminary
hearings in felony cases originating in the cir-
cuits.
The court has jurisdiction over all crimi-
nal offenses punishable by a fine or imprisonment
of less than 1 year, except over offenses that re-
quire indictment by a grand jury.
The court also
has jurisdiction in all ordinance violations.
The court has exclusive original jurisdic-
tion in civil matters where the amount in contro-
versy does not exceed $1,000, concurrent jurisdic-
tion with the Circuit Court where the amount is
between $1,000 and $5,000, and jurisdiction in
ejectment suits regardless of the counterclaim.
The court has no jurisdiction over actions ques-
tioning title to land, most intentional torts, nor
over civil jury trials.
The Small Claims Division has jurisdiction
over cases for the recovery of money where the
amount claimed does not exceed $1,000 and where
the parties elect the procedure of the Small Claims
Division.
This division has exclusive jurisdiction
over security deposit pliputes between landlords
and tenants.
b. The Diifrict Court has no appellate juris-
diction.
[H.R.S. SS604-5, 604-8, 604-11, 633-27; Act
169, Hawaii Sessions Laws 19801
4.4 Judges (18)
a. The Chief Justice may appoint an administra-
tive judge in any multi-judge district court juris-
diction, who serves in this role for such periods
as the Chief Justice may determine.
b. District Court judges must reside in the
judicial circuit to which they are appointed, and
must be members of the state her with at least 5
years of practice in Hawaii.
c. District Court judges are appointed by the
Chief Justice of the Supreme Court for 6-year terms
from a list of six nominees presented to the Chief
Justice by the Judicial Selection Commission (Ref-
erence Table 12:
Characteristics of judicial nomi-
nating commissions).
They need not be approved by
the state Senate.
District judges are retained in
the same manner asall other judges.
[Const., Art. VI, S3; H.R.S. iS604-1, 604-2;
Administrative Director of the Courts]
4.5 Administration
a. Duties of the administrative judges for the
districts are not specifically articulated.
They
are expected to carry out the policies and rules
of the Chief Justice and the Supreme Court in the
efficient daily operation of the District Courts.
b. There are no provisions for administretors
for the District Court.
Reference Section 5.2.b
(state-level administrator).
c. The District Court clerks may issue process,
administer oaths, take depositione, and perform all
other duties pertaining to their offices.
They
also attend and record the proceedings at all sit-
tings of courts of record.
[Administrative Director of the Courts]
4.6 Rule-making.
The Supreme Court may promulgate
rules and regulations for the District Court; how-
ever, judges of the District Court may amend rules
of practice with approval of the Supreme Court.
Reference Section 1.6 (Rule-making).
[Const., Art. V, S6; District Court Rules of
Civil Procedure, Rule 83]
State-Level Administration
5.1 General administrative authority.
The Hawaii
Constitution aames the Chief Justice of the Supreme
Court as the administrative head of the courts.
Reference Section I.5.a (Administration).
Among
his responsibilities are the following:
a. He may assign judges from one circuit to
another for temporary service.
b. With the approval of the Supreme Court, he
appoints an Administrative Director to serve at his
pleasure.
c. When necessary he may assign a circuit judge
or Intermediate Court of Appeals judge to serve
temporarily on the Supreme Court.
d. As prescribed by law, he may request re-
tired justices to serve temporarily on the Supreme
Court.
e. He reports to the legislature at each regu-
lar session on the business of the judiciary and
on the administration of justice in the state.
f. He presents to the legislature a unified
budget, a 6-year program and financial plan, and a
variance report for all programs of the judiciary.
g. He directs the administration of the judi-
ciary, with responsibility for the efficient opera-
tion of the courts and the expeditious dispatch of
all judicial business.
h. In Circuit Courts with more than one judge,
he may assign calendars among judges and appoint
an administrative judge to manage the business of
the court.
i. He may prescribe for all courts a uniform
system of keeping and periodically reporting sta
tistics of their business.
j. He may procure for all courts estimates of
their appropriations, and review and revise them
into a unified budget to be presented to the legis-
lature.
k. He has the power to exercise exclusive au-
thority over the preparation, explanation, and
administration of the judiciary budget, programs,
plans, and expenditures.
1. He has all powers of administration over
judiciary personnel.
[Conet., Art. V, S5; Const., Art. VI, SS2, 6;
H.R.S. SS601-2(a), 601-2(b)(2), (3), (4), (5);
Administrative Director of the Courts]
5.2 Office of the State Court Administrator
a. The Office of the State Court Administrator
is authorized by Hawaii State Constitution, Article-
VI, S6.
b. Administrative Director of the Courts
(1) The Hawaii Constitution authorizes the
appointment of an Administrative Director.
(2) The Administrative Director must have
been a resident of Hawaii for at least 3 years
prior to his appointment.
He is appointed by the
Figure 2: Hawaii state:level administrative office of the courts, 1980
Am,
Circuit
Courts
District
Courts
Deputy
Administrative
Director of
,the Courte
I
c
..)
1
1
. . .
.IL.
I Lir =i
I
I
w ri,
L H ,.immimm
Staff
Lea
Public
Voluntry
Planning
Budget
Personnel
Coaputr
Attorney
Li bra ry
Information
Services
end
nd
Management
Systeme
Statistics
Fiscal
- Advisor to Chief
Justice and
Adminitrat imp
Director of the
Court.
- Statewide li-
brary eytem
4/e
leb
- Public end media
- Statewide volun-
Statistical coer
- Payroll
- Administrative
- *jetsam ipalyais
information
try programs
pilation
- Accounting
services
- Pro$rng
- Planning
- Auditing
- Zeployess. safe-
- Comput
opera-
- Research and
- Budgeting
ty sad health/
none
evalustion
- Purchasing
swords
e
- Recruitment sod
eitesdeation`
Classificatioe
and pay
- Employees' trals-
ins
- Leber relines"
231 R
;
waver
Chief-Justice with the approval of the Supreme
Court.
(3) Subject to the dir
he Chief
Justice, the Administrative Di
rims
number of functions including repti
the
Chief Justice statistical and other a
concerning
the business of the courts, making reco
endations
to tho Chief Justice regarding estimot
for appro-
priations, assisting the Chief Justic
in the prep-
aration of the budget and other repor s requested
by the legislature
g rec
ndations to
the Chief Juitic
or imp
ement in the adminis-
trative aethods of the courts, carrying out all
duties and responsibilities concerning judiciary
personnel and such other matters as may be assigned
.,,
\by the Chief Justice.
\\
c. Office organization.
The Office of the
1
ate Court Administrator consists of 50 people;
2
professionals and 22 clerical personnel.
The
pro essional staff provides support services in the
fol
wing areas:
systems analysis, programming,
comp ter operations, records management, forms
de-
v.1opi.nt, and field representation; payroll, ac-
countIqj, auditing, budgeting and purchasing; per-
sonnel
ystems, office management, ciassification
and pay
training and labor relations, and recruit-
ment .n4 examinations; legislative, executive, pub-
lic, a
media information, legislative liaison and
execut ve liaison; and planning and research activ-
ities
ncluding statistical compilation, judicial
planni
,
r.searcttNevaluation, and statistical
analysiO.
[
st., Art. W, $5; Coast., Art. VI, $6;
H. .S. S601-3J State Court Administrators, p.
Quasi-Judicial Officers
6.1.1 DISTRICT COURT
6.2.1 Per diem judge
a. The Chief Justice may appoint per diem
judges as may be necessary.
Qualifications to
serve as per diem judges are the same as for a
regular full-time appointment.
b. A per diem judge provides auxillary judicial
functions..
(H.R.S. 5604-21
Judicial Discipline
7.1.1 Commission on Judicial Discipline.
The com-
mission consists of seven members, appointed by the
Supreme Court.
[Administrative Director of the Courts]
7.2.1 Authority and procedure for sanction.
Pur-
suant to Hawail Constitution, Article VI, 55, the
Supreme Court promulgated Supreme Court Rule 26,
4.
214
"Judicial Discipline," which establishes the 7-
member Commission on Judicial Discipline and pre-
scribes its procedures.
The commission has exclusive jurisdiction as
to,the conduct and competence of all sitting judges
whether they serve full-time or part-time.
The commission has the power to:
"(1) Receive information, allegations, and
complaints;
(2)
Make preliminary evaluations;
(3)
Screen complaints;
(4)
Conduct investigations;
(5 )
Conduct hearings; and
Recommend dispositions to the Supreme
Court concerning allegations of judicial mis-
conduct or physical or mental disability of
judges."
Grounds for discipline include:
(1)
Conviction of a felony;
(2)
Willful misconduct in office;
(3)
Willful misconduct which, although not
related to judicia1 duties, brings the judicial
office into disrepute;
(4)
Conduct prejudicial to the administra-
tion of justice or conduct that brings the judicial
office into disrepute;
(5)
Any conduct that constitutes a violation
of the Code of Judicial Conduct."
Commission procedures may be initiated "uponi
any reasonable basis" including written complainfts
from the public, or other judges, or the Chief Jus-
tice; also the commission may proceed upon its own
motion.
The chronology of procedures is, in gener-
al, as follows:
After receipt, a complaint is pre-
liminarily screened.
If further investigation is
deemed warranted, an investigation is made followed
by an evaluation.
Thereupon the commission may
de
e that the complaint merits no action, may
commendation for action to the Supreme
urt o
may determine that further proceedings
sh
I be had.
If the commission decides the lat-
ter, special counsel is appointed to investigate
and determine whether a formal hearing is neces-
sary.
If counsel determines such a hearing is
neceesary, formal disciplinary proceedings similar
to trial proceedings are commenced pursuant to Su-
preme Court Rule 26.9.
These proceedings culminate
in findings age recommendations to the Supreme
Court which,die reviewed by the Supreme Court.
Formal proi-eedings then are had before the Supreme
Court pursuant to Supreme Court Rule 26.10 and upon
conclusion of these proceedings, the Supreme Court
is required to enter an appropriate order.
There are different special provisions for
cases involving physical or mental disability.
These are found in Supreme Court Rule 26.13.
IDAHO
Court of Last Resort
1.1 SUPREME COURT.
The court is required to hold
at least six terms annually, at various locations
throughout the state.
The Supreme Court or any
three justices fix the times for holding these
terms.
[Constitution, Article V, Section 8; Idaho Code
(hereinafter I.C.) Section 1-208]
1.2 Organization.
As a general rule, the Supreme
court sits en banc.
A majority of the five
justices must be present to make a quorum or to
pronounce a decision.
There Are no special provi-
sions instructing the court to sit in panelr.
[Const., Art. V, §6; I.C. §§1-206, 1-207]
1.3 Jurisdiction
a. The Supreme Court has original jurisdiction
to hear claims against the state and to issue all
writs necessary to complete the exercise of its
appellate jurisdiction.
b. The Supreme Court hears appeals from the
District Court and will hear appeals from the Court
of Appeals after its implementation (anticipated
for July 1, 1981), as well as from ordrs of the
Public Utilities Commission and the Industrial
Accident Commission.
[Const., Art. V, S9; I.C. §§1-203, 1-204]
1.4'Justices (5)
a. The elected justice with the shortest time
remaining in office serves as Chief Justice.
b. Supreme Court justices must be qualified
voters of the state of Idaho, must be licensed
attorneys, must be at least 30 years old but not
oldet thin 70 it tbe time of election, and suit
have been residents of Idaho for 2 years.
c. Supreme Court justices are elected to 6-year
terms on a nonpartisan ballot by voters of the
state at large.
A nominating election is held
prior to the judicial elction.
The Governor fills
vacancies from a list of two to four qualified
persons nominated by the Judicial Council (refer-
ence Table 12:
Characteristics of judicial nomina-
ting commissions).
The appointee holds office until
his successor is elected and qualified in such man-
ner as may be provided by law.
[Const., Art. IV, S6, Art. V, §6, Art. XI, S7;
I.C. 551-201, 1-2102, 34-701, 34-702, 34-703;
State Court Systems, p. 6]
1.5 Administration
a. The Supreme Court has responsibility for the
general administration of the courts.
Appointive
power, as well as other administrative responsi-
bilities, rests with the court as a whole.
The
Supreme Court exercises administration and supervi-
sion of the entire court system through the Chief'
Justice, the Administrative Director of the Courts,
administrative judges, and trial court administra-
tors.
The Chief Justice schedules meetings, runs
case conferences, and presides at court meetings
and hearings.
215
.\.
Reference Section 5.2.b (state-level admin-
istrator).
c. The clerk of the Sltpreme Court is appointed
by and serves at the pleasure of the Supreme Court.
He has supervisory power over three secretaries
(assistant clerks).
There are no formal provisions
for assigning administrative duties to the clerk.
[Const., Art. V, S15; I.C. §1-401 to §1-410;
Administrative Director of the Courts]
1.6 Rule-making.
The legislature is constitution-
ally prohibited from depriving the judiciary of any
power or jurisdiction that rightly pertains to it
as a coordinate department of government.
The
power of the Supreme Colirt to make rules governing
the procedure of all courts in Idaho is recognized
by statute.
The Supreme Court establishes the
forms of process, and practice and procedure for
courts in the state.
These rules must be promul-
gated in such a way as to have no effect on the
substantive rights 'of any litigant.
The Supreme
Court is authorized to appoint members of the Idaho
Bar or judges from the District Court or Court of
i
Appeals to assist in the formulation of such
rules.
The Supreme Court is responsible for the
administration of the courts.
[Const., Art. V, §§2, 13; I.C. §§1-212, 1-213,
1-214]
Intermediate Appellate Court
(Court of Appeals is to be implemented July 1,
1981.
Legislation to be introduced January 1981
may alter the court structure presented in this
section.)
2.1 COURT OF APPEALS.
The Court of Appeals will
sit in Boise, but may also sit in such other places
as it considers convenient for the conduct of its
business.
[I.C., Title I, Chapter 24, §1-24071
2.2 Organization.
The Court of Appeals will sit
in panels of not lers than three judges.
Active
or retired district judges, retired justices of the
Supreme Court, and retired justices of the tourt
of Appeals may be assigned to serve on a panel of
the Court of Appeals.
[I.C., Title I, Chapter 24, §§1-2404, 24051]
2.3 Jurisdiction
a. The Court of Appeals has been given juris-
diction to hear and to decide all cases assigned
to it by the Idaho Supreme Court, providing that
the Supreme Court does not assign cases invoking
its original jurisdiction or appeals from imposi-
tion of sentences of capital punishment in criminal
cases.
b. The Supreme Court may traniler nonargued
appeals pending before it to the Court of Appeals
for hearing and decision.
The Court of Appeals may
transfer a nonargued case back to the Supreme
Court.
The right of appeal is not created where
233
a
Figure 1:
Idaho court system, 1980
SUPREMI COURT
5 justices
Jurisdiction:
- Original jurisdiction in claims against
tha state and
fll writs necessary
to its appal
sdiction.
Appeals from
orders and final
judgments of
urt of Appeals end
Distrct Courts.
- Appeals from administrative agencies.
I a
I
4
COURT OF APPEALS
3 judges
Jurisdiction:
- Cases as assigned by the Suprema Court.
(Supresp Court cannot assign cases within
its original jurisdiction or
-
nal case when capital punishmen
s
been imposed.)
(effectivo 7/1/110
'
DISTRIAWOIT (7)
DISTRICT COURT (7)
NAGISTRATI DIVISION (7)
29 judges
70 judges
Jurisdiction:
- Original jurisdiction in Civil,
personal injury, torts, contracts,
MAGISTRATE DIVISION
Jurisdiction:
'
SMALL CLAIMS DEPARTMENT
Jurisdiction:
doesstic relations,,and habeas
- Cl.iil actions undor $$,000;
- Small claims under
corpus matiors.
forcible entry and detain-
$1,000.
- Original jurisdiction in felony,
other criminal, and post-conviction,
review matters.
er; lions under $1,000 on
real and pirsonal property;
.probate and administration
No jury trials.
Appoals from Magistrates Division
of decedent estates; dom. -
and other state agoncies and boards,
Apptals
do novo from Magistrate
tic relations, divorce, and
child custody and support.
Division.
- Preliminary hearings; sin -
Jury trials.
demeanors;
warrants,
search and soisurs.
Jury trials, tclipt in small
claims.
.
-.._
it Indicates routs ofiappeal.
ItIndicatos assignment of cases.
I
() r)
4 (... At
216
i
\
t '
4,
11,
MMIll
Court of
last
resort
Intermediate
appellate
court
Courts of
general
jurisdiction
such right is not otherwise provided or created b
law.
(I.C., Title I, Chapter 24, S1-24061
2.4 Judges (3)
a. The chief judge will be appointed by the
Chief Justice of the Supreme Court.
The term for
the chief judge has not.been set.
b. Judges of the Court of Appeals must be 30
years of age, ust be citizens of the United
States, must be admitted to the practice of law in
Idaho, and ist have been residents of Idaho for 2
years.
c. Initially, jgdges of the Court of Appeals
will be appointed by the Governor.
One judge
shall be appointed for a term of 2 years, one
judge shall be appointed for a term expiring 2
years later, and one judge shall be appoinOed for
a term expiring 2 further years later.
There-
after, the term of office of a judge of the Court
of Appeals shall be 6 years.
Vacancies will be
filled in the same manner as for Supreue Court
justices or district judges.
Reference Section
1.4.
II.C., Title I, Chapter 24, S1-2404, 24081
2.5 Administration
a. The chief judge will exercise administrative
powers as may bit delegated by the full membership
of the Court of Appeals, not in conflict with Su-
preme Court rules.
b. There are no provisions for an administrator
over the Court of Appeals.
Reference Section
5.2.b.
c. The clerk of the Supreme Court will serve
as the clerk of the Court of Appeals.
(I.C., Title I, Chapter 24 SS1-2407, 24081
2.6 Rule-makin
.
The Court of Appeals will be sub-
ject to administration and supervision by the Su-
preme Court.
(I.C., Title I, Chapter 24, 11-2403)
Court of General Jurisdiction
3.1 DISTRICT COURT.
All courts operate in continu-
ous session.
[Rules of Civil Procedure, Rule 77a1
3.2 Organization.
Idaho is divided into seven
multi-county distrixts.
The District Court has two
specialized divisions:
the Magistrate Division and
the Small Claims Department of the Magistrate Divi-
sion.
[LC. S1-8011
3.3 Jurisdiction
a. The District Court has original jurisdiction
in all cases and proceedings.
It has power to is-
sue all writs necessary for the exercise of its
powers.
The Magistrate Division of the District Court
hears certain liuited categories of cases that are
filed in the District Court.
Subject to rules
promulgated by the Supreme Court, the administra-
tive judge in each judicial district determines
which cases are to be assigned to the magistrates,
as provided by law.
The Magistrate Division may
hear eisdemeanor and quasi-criminal proceedings,
proceedings to prevent the commission of crimes,
proceedings for arrest warrants or for searches and
seizures; and juvenile proceedings as established
"ly 'statutes'
In,addition, the Magistrate Division
may hear civil casel when the value of the damages
requested does not exceed $5,000; proceedings of
forcible entry and detainer, unlawful detainer, and
statutory liens of les than $5,000; and domestic
relations case.
The Supreme Court may by rule
pecify additional categories of matters assignable
to magistrates who ars attorneys.
Any magistrate
217
may be assigned internal administrative functions
of the court.
In every Magistrate Division of the District
Court, the court may organize and create a Small
Claims Department.
The department has jurisdiction
-
only in cases for the recovery of money where the
amount in question does not exceed $1,000 and where
the defendant resides inithe county of the Magis-
trate Division.
b. The District Court has appellate jurisdic-
tion over all cases assigned to the Magistrate
Division of the District Court, and in other types
of cases where appeal is allowed by law, such as
from the decisions of certain state administrative
agencies.
(Const., Art. V, S20; I.C. SS1-705, 1-2201,
1-2208, 1-2209, 1-2210, 1-2213, 1-2301; Admin-
istrative Director of the Courts]
3.4 Judges (29) and Magistrates (70).
The Idaho
Code states that each judicial district must have
between three and five DistriCt Court judges.
a. There is no provision for a chief judge over
all the District Courts.
The code authorizes an
administrative judge for each judicial district,
who is elected by the district judges in his dis-
trict.
If the majority cannot agree, a majority
of the Supreme Court justices make the appointment.
The administrative judge serves at the pleasure of
the other district judges in that judicial dis-
trict.
If he was appointed by the Supreme Court,
however, he serves a term .of no more than 2 years.
b. District Court judges must be qualified
voters of the state, licensed attorneys, must be
between 30 and 70 years of age at the time of elec-
tion, and must have 5 years legal experience.
Magistrates must be qualified voters of the
counties for which they are appointed, except that
qualified nonresidents may be appointed when no
qualified resident'voter is available.
A magis-
trate must have successfully completed high school
Or earned an equivalency degree.
In addition,
magistrates are required to attend an institute on
the duties and functions of the magistrate's
office.
c. District Court judges are elected on a non-
partisan ballot by the voters of their respective
districts.
They are elected to 4-year terms.
Vacancies are filled in the same manner as Supreme
Court vacancies.
Reference Section 14.
Magistrates are appointed to 2-year terse on a
nonpartisan, merit basis by the District Magis-
trates Commission.
They must then run for 4-year
elective retention-type terms.
[Const., Art. X, S23; I.C. SS1-702, 1-703,
1-801 to 1-808, 1-2205, 1-2206, 1-2207, 1-2220,
34-701; State Court Systems, p. 6; Administra-
tive Director of the Courts]
3.5 Administration
a. Whereas there is no chief judge over all the
districts of the District Court, the administrative
judge in each judicial district, subject to Supreme
Court rules, has administrative supervision and
authority over the operations of thcDistrict Court
and magistrates in the district.
b. There is no provision for an adeinistrator
over all the districts of the District Court.
A
trial court administrator for each of the 7 judi-
cial districts may be selected.
Desirable educa-
tion and etperience include a college degree with
an administration major and either experience in
an administrative capacity or a law degree.
Trial
court adeinistratus are selected by the adminis-
trative judges, with approval of the Adeinistrative
Director of the Courts.
Six of the trial 'court
adeinistrators are appointed as judges of the
f)
Magistrate Divieion and perform judicial duties in
addition to their administrative function.
Under
the supervision of the administrative judges, the
trial court administrators assist in the overall
management of court operations within their dis-
tricts, with particular emphasis on the Magistrate
Division.
They assist in preparing budgets for
court facilities and county-funded support staff,
work with jury commissioners, supervise court
information reports and analyze statistical
reports, perform nonjudicial public information
duties, serve as liaison with law enforcement and
other public officials, maintain personnel records
for state judicial employees in the district, and
assign cases and perform calendaring functions
under the direction of the administrative judges.
c. Clerks of the District Court are elected to
4-year terms by the voters of their districts.
They have responsibilities as determined by the
court.
[Const., Art. V, S16; I.C. S1-907; 1976 Annual
Report, p. 8; Idaho Judicial Personnel Poli-
cies, pp. 63, 64]
3.6 Rule-making.
The Supreme Court is empowered
to make all rules concerning procedure in the Dis-
trict Courts.
In all cases where no existing rule
applies, the District Court has the power to make
rules so long as they are not inconsistent with
statute or with the rules made by the Supreme
Court.
[I.C. SS1-105, 1-212; Idaho Rules of Civil Pro-
cedure, Rule 83]
Court of Limited or Special Jurisdiction
4.0 There are no courts of limited or special
jurisdiction in Idaho.
State-Level Administration
5.1 General administrative authority.
The respon-
sibility for the general administration of the
courts in Idaho rests with the Supreme Court.
Reference Section 1.5.a.
[Const., Art. V, S2]
5.2 Office of the Administrative Director of the
Courts
a. The office of the Administrative Director
of the Courts is established by Idaho Code S1-611.
b. Administrative Director of the Courts
(1) The position of Administrative Director
of the Courts is authorized by Idaho Code S1-611.
(2) In order to meet the qualifications for
this position, an applicant must be admitted to the
practice of law in Idaho and must be licensed by
the Idaho State Ear Commission.
These requirements
may be waived for a qualified applicant who is
licensed to practice in the highest court of
another state and who agrees to become licensed to
practice in Idaho within a time period specified
by the Idaho Supreme Court.
The Administrative
Director of the Courts is appointed by the Supreme
Court.
(3) The following are examples of work per-
formed by the Administrative Director:
(a) Supervises development and implemen-
tation of a judicial management information system.
(b) Organizes fiscal operations for the
judicial system; eupervises preparation of appro-
priations requests; monitors judicial expenditures;
reviews and approves operational expenses, travel
expenses, and capital expenditures; and recommends
personnel salaries to the Supreme Court.
(c) Supervises administrative staff;
establishes personnel standards for court employ-
ees; develops personnel handbook for judiciary;
approves personnel requests; and hail authority for
selection and dismissal of administrative person-
nel.
(d) Prepares long-range plans for the
Supreme Court and recommends programs for improve-
ment of the judicial system.
(e) Develops comprehensive judicial
education programs; seeks federal funding for
educational activities; conducts judicial training
seminars; and approves out-of-state seminar attend-
ance.
(f) Resolves technical administrative
problems by interpreting the court rules, policies,
orders, directives, and procedures, including
proper application to specific cases; drafts rules
revisions, court orders, or legal memoranda, when
directed by the court.
(g) Prepares and distributes a report
to the Supreme Court and Governor concerning judi-
cial operations during the calendar year.
(h) Manages the statewide court system.
c. Office organization.
The Office of the
Administrative Director of the Courts consists of
9 people:
4 professionals (including the Adminis-
trative Director of the Courts) and 5 clerical
personnel.
The professional staff provides support
services.in the following areas:
programming; pay-
roll, accounting, auditing, budgeting, and purchas-
ing; and education, training, and publications.
[I.C. SS1-611, 1-612; Idaho Judicial Personnel
Policies, pp. 18, 19; Administrative Office of
the Courts]
Quasi-Judicial Officers
6.0 There are no quasi-judicial officers in Idaho.
Judicial Disci line
7.1 Judicial Council.
The Judicial Council con-
sists of seven members as follows:
three attor-
neys, one of whom must be a district
judge, ap-
pointed by the Board of CommisSioners of the Idaho
State Bar with the consent of the Senate; three
non-attorneys appointed by the Governor with the
consent of the Senate; and the Chief Justice of
the Supreme Court, who serves as chairman.
[I.C. S1-2101]
7.2 Authority and procedure for sanction.
The
Judicial Council may, after such investigation as
it deems necessary, order a hearing to be held
before it concerning the removal, discipline, or
retirement of a justice or judge; or the counCil
May request the Supreme Court to appoint three
special masters (justices or judges) to hear and
take evidence in such matters and report their
findings to the council.
After hearing the report
of the special masters, if the council finds good
cause, it may then recommend the removal, disci-
pline, or retirement of the justice or judge.
The
Supreme Court will review the record and may permit
the introduction of additional evidence.
The court
can then order removal, discipline, or retirement,
or may reject the recommendation.
If retired,, the
judge may receive retirement benefits; if removed,
his salary ceases from the date of the order.
All
papers filed with and the proceedings before the
Judicial Council or special masters are confi-
dential.
[I.C. S1-2103]
218
- (-6
Figure 2:
Idaho state-leve1 administrative office of the courts, 1980
,
Administrative
Director
Assiatant
Director
Information
Systems
Analyat/
Programmer
Computer
Operator
Assistant
Director
MsnagemenA
Services
219
1
hdicial
Education
Officer
i.
n
)
Figure 1:
Illinois court system, 1980
nimmenam0
Death sentence.
Other appeals as
provided by rule.
SUFISM' COURT
7 Judi/v,
Jurisdiction:
- Discretionary original jurisdiction in
revenue, mandamus, prohibition, and
habeas corpus.
- Appeals as a matter of right from Circuit
Court when death sentence imposed and
from Appellate Court when federal orstatle
constitutional question arises for the
first time or on certificate by the
Appellate Court.
- Other appeals from Circuit and Appellate
Court as provided by Supresm Court rule.
- Redistricting of General Assembly.
Ability of Governor to rve or resume
office.
Admission and discipline of
attorneys.
APPELLATI COURT (? DISTRICTS; 9 DIVISIONS)
34 judges
Jurisdiction:
- Appeals as a smtter of right except in
cases appealable directly to the Supreme
Court or from judgments of acquittal in
criminal cases.
- Direct review of administrative actions as
provided by law.
ii
CIRCUIT COURT (21)
477 circuit and associate judges
Jurisdiction:
- All justiciable matters except where th
Supreme Court has original and xclusive
jurisdiction or where the Supreme Court
amortises discretionary original
jurisdiction.
- Review of administrative action ss provid
ed by law.
\,
111'
Indicates route of appeal.
220
MIMMIP
.1101.
Court of
leet
resort
Intermediate
appellate
court
Court of
general
jurisdiction
ILLINOIS
Court of Last Resort
1.1 SUPREME COURT.
The Supreme Court sits in
Springfield, the state capital, and periodically
in Chicago, and meets for terms beginning on the
second Monday in September, November, January,
March, and May of each year.
[Constitution, Article VI, Section 1; Illinois
Revised Statutes (hereinafter Ill. Rev. Stat.),
Chapter 37, 561
1.2 Organization.
The court does not sit in panels
or divisions.
Four judges constitute a quorum and
the concurrence of four judges is necessary for a
decision.
(Const*, Art. VI, 531
1.3 Jurisdiction
a. The Supreme Court has discretionary original
jurisdiction over cases relating to revenue, minds-
sus, prohibition, or habeas corpus, and jurisdic-
tion as may be necessary to complete determination
of cases on review.
The court has original and ex-
clusive jurisdiction in cases relating to redis-
tricting the General Assemblvand the ability of
the Governor tb serve or resume office.
The court
also has jurisdiction ovar the admission and dis-
cipline of attorneys by Supreme Court rules.
b. The Supreme Court has appellate jurisdiction
over appeals as a matter of right from judgments
of the Circuit Court imposing the death sentence.
The court will provide by rule for direct appeal
from the Circuit Court in other cases.
The Supreme
Court also has appellate jurisdiction over appeals
from the Appellate Court as a matter of right if a
constitutional question arises for the first time
from an Appellate -Court action, or on certffication
by the Appellate Court.
The court say provide by
rule for appeals from the Appellate Court in other
cases.
(Const., Art. IV, S3, Art. V, 56, Art. VI, S4;
Supreme Court Rule 701 et. lead
1.4 Judges (7)
a. The Chief Justice is elected to a 3-year
torsi by his peers.
b. Supreme Court judges must be United States
citizens, must be licensed attorneys-at-lay in
Illinois, and must be residents of their judicial
districts.
Of the seven Supreme Court judges,
three are elected from the First Judicial District
(Cook County), and one from each of the other four
districts.
c. Supreme Court judges are initially, elected
on partisan ballots at general or judicial elec-
tionsl
The candidates can be nominated by pariy
priaary or by petition.
Reelection is by nonparti-
san retention ballot.
A judge vho seeks to be re-
tained must declare on or before the first Monday
in December before the general election preceding
the expiration of his term of office.
A three-
fifths majority vote is needed for retention.
5u-
221
prone Court judges serve 10-year terms.
Vacancies
may be filled by Supreme Court appointment, or as
provided by law.
(Const., Art. VI, 553, 10, 11, 12; Ill. Rev.
Stat., Ch. 46, 57A-1; Director of the Adminis-
trative Office of the Illinois Courts]
1.5 Administration
a. General administrative and supervisory
authority over the entire court system is vested
in the Supreme Court.
The Chief Justice exercises
this power partially through the Adminstrative
Director.
Administrative authority is also
exercised through the Executive Committee of the
First Appellate District and through Circuit Court
chief judges by means of trial court administrators
or administrative secretaries, subject to the au-
"--N
thority of the Supreme Court.
Reference Sections
3.5 and 5.1.
The Chief Justice has no specifically
defined duties, however, in regard to the adminis-
tration of the Supreme Court.
b. The Supreme Court employs an assistant who
serves as director of the researclAdepartment.
Reference Section 5.2.6 (state-level administra-
tor).
c. The clerk's position is authorized by the
Illinois Constitution, and he is appointed,by the
Supreme Court.
The clerk performs clerical duties
only.
(Const., Art. VI, 5516, 18; Ill. Rev. Stat.,
Ch. 25, S13; Supreme Court Rule 24; Director
of the Administrative Office of the Illinois
-
Courts]
1.6 Rule-making.
The Supreme Court has the power
to make rules of pleading, practice, and procedure
for the Supreme, Appellate, and Cfrcuit Courts, in-
order to provide for the convenient administration
of justice and to simplify judicial procedure.
There is a standing Supreme Court Committee on
Supreme Court Rules composed of judges and lawyers;
ad hoc committees are appointed as needed.
General
administrative authority over all courts is vested
in the Supreme Court and is exercised by the Chief
Justice in accordance with its rules.
[Const., Art. VI, S16; Civil Practice Act S2;
Director of the Administrative Office of the
Illinois Courts]
-1_
Intermediate Appellate Court
2.1 APPELLATE COURT.
The AOpellate Court sits at
times and places prescribed by Supreme Court rule.
(Const., Art. VI, SS2, 5; Supreme Court Rule
221.
2.2 Organization.
Illinois is divided into five
judicial districts.
The First District consists
of Cook County; the remainder of the state is di-
vided by law into four multi-county districts of
substantially equal population.
The Supreme Court
pfiescribes by rule the number of appellate divi-
alone in each judicial district, but there must
be at least one in each.
Each Appellate Division
has at least three judges; assignment of appellate
judges to divisions is made by the Supreme Court.
A
The First District has five divisions; the
Second,
Third, Fourth, and Fifth Districts have one divi-
sion each.
[Const., Art. VI, 512, 5; Supreme Court Rule
22(a); Director of the Administrative Office
of the Illinois Courts]
2.3 Jurisdiction
a. The Appellate Court has original
jurisdic-
tion to complete determination of any case on
review, when necessary.
b. Appeals from final judgments of the Circuit
Court are a matter of right to the Appellate
Court
in the judicial district in which the Circuit Court
is located, except in cases appealable directly to
the Supreme Court.
The court has jurisdiction to
provide direct review of administrative actions as
provided by law.
The court also has jurisdiction
over such other matters as may be
provided by
Supreme Court rule.
[Const., Art. VI, 161
2.4 Judges (34)
a. The Appellate Court does not have a chief
judge over all the divisions.
There is a presiding
judge, however, for each division who is chosen by
his peers.
Presiding judges serve 1-year terms.
b. Appellate Court judges must meet the same
qualifications as Supreme Court judges.
Reference
Section 1.4.b.
c. Appellate Court judges are
selected in the
same manner and for the same term as
Supreme Court
judges., Reference Section 1.4.c.
[Supreme Court Rule 22(d); Director of the
Administrative Office of the Illinois Courts]
2.5 Administration
a. Whereas there is no provision
for a chief
judge over all the divisions of the Appellate
Court, each Appellate Court Division has a presid-
ing judge.
There are no formal provisions estab-
lished in the Illinois Constitution, statutes, or
Supreme Court Rules delineating the administrative
authority or other responsibilities of the presid-
ing judges.
The research department in each dis-
trict, however, performs duties assigned by the
presiding judge, or in the case of the First Dis-
trict, by the Executive Committee.
The Executive
Committee of the First Appellate District (made up
of a judge from each of the five divisions) exer-
cises general administrative authority.
b. There is no formal provision for an adminis-
trator over all districts of the Appellate
Court;
however, the First District has an administrative
assistant who performs some duties associated with
administration.
In the other districts, adminis-
trative assistants or the Appellate Court clerk
perform administrative duties.
Reference Section
5.2.b (state-level administrator).
c. Clerks are appointed by the judges of each
judicial district.
They generally perform clerical
duties only.
[Const., Art. VI, 118; Ill. Rev. Stat., Ch. 37
127; Supreme Court Rule 22 (d)(f), 24;
Director of the Administrative Office of the
Illinois Courts]
2.6 Rule-making.
Subject to Supreme Court rules,
Appellate Courts may make rules regulating their
dockets, calendars, and business.
A majority of
the Appellate Court judges may adopt rules govern-
ing criminal and civil calms consistent with
Supreme Court rules and Illinois statutes,
which
will be uniform throughout the state.
[Supreme Court Rule 21; Civil Practice Act
12(2)]
Court of General Jurisdiction
3.1 CIRCUIT COURT.
The court sits
il(continuous
session.
[Director of the Administrative Office of the
Illinois Courts1
3.2 Organization.
The state is divided into 21
judicial circuits.
Two circuits, Cook County and
the 18th Circuit (DuPage County), each
consist of
a single county.
The other 19 judicial circuits
are composed of two or more contiguous counties.
Each judicial circuit has one unified Circuit
Court.
The chief judges of the circuits have
authority to designate appropriate places for hold-
ing court.
The chief judge may enter general
orders providing fo
general or specialized divi-
sions.
The chief judge of any judicial circuit may
establish a Marriage Division in any county of the
circuit.
[Const., Art. VI, 117, 7(c); Ill. Rev. Stat.,
Ch. 37, 172.1; Supreme Court Rules
21(b), 40;
Director of the Administrative Office of the
Illinois Courts]
3.3 Jurisdiction
a. The Circuit Court has original jurisdiction
over all justiciable matters except
when the
Supreme Court has original and exclusive jurisdic-
tion relating to redistricting of the General
As-
sembly, the ability of the Governor to serve or re-
sume office, or where the Supreme
Court exercises
discretionary original jurisdiction.
It also has
original jurisdiction to review administrative ac-
tion as provided by law.
b. The Circuit Court has no appellate jurisdic-
tion.
[Const., Art., VI, 114. 91
,
3.4 Judges (677; 383 circuit judges and 294 assoc-
iate judges).
There are two categories of judges
in the Circuit Courts:
circuit judges and &ego-
ciate judges.
Both categories of judges have the
full constitutional jurisdiction conferred on
the
Circuit Court, however, the Supreme Court, by rule,
provides for the matters to be assigned to asso-
ciate judges.
The number of associate judges is
provided by law based on the population, the number
of resident circuit judges, and the judicial
needs
of the circuit.
a. There is no provision for a
chief judge over
all the circuits of the Circuit Court but
there is
a Conference of Chief Circuit Judges (reference
Table 29:
ifidicial councils and conferences) who
considers problems relating to the administration
of the Circuit Court.
The Conference has a chair-
man.
There are chief judges for the individual
circuits, who are selected by secret ballot by the
Circuit Court judges and serve at their pleasure.
b. Circuit Court judges and associate
judges
must meet the same qualifications as Supreme Court
judges.
Reference Section 1.4.b.
Circuit Court
judges must also be residents of the units that
select them.
In addition, at least one-fourth of
the associate judges in the First Judicial
District
(Cook County) must reside outside Chicago.
c. All judges in the Circuit Court are
selected
in the same manner as Supreme Court judges.
Refer-
ence Section 1.4.c.
Associate judges are elected
by the Circuit Court judges in each circuit as
222
()
#
provided by Supreme Court rule.
Circuit Court
judges serve 6-year terms.
Associate judges serve
4-year terms.
IConst., Art. VI, 117(c), 8, 10; Ill. Rev.
Stat., Ch. 37, S160.2; Supreme Court Rules 39,
39(a), 42, 295; 1974 Annual Report, p. 26;
Courts of Limited Jurisdiction, p. 92; Director
of the Administrative Office of the Illinois
Courts]
3.5 Administration
a. Whereas there is no provision for a chief
judge over all the circuits of the Circuit Court,
the chief judges for the individual circuits have
general administrative authority over their courts,
including authority to provide for divisions, gen-
eral or specialized, and for appropriate times and
places of holding court.
This authority is subject
to the authority of the Supreme Court.
b. There is no provision for an administrator
over all the circuits of the Circuit Court.
Seven
circuits have trial court administrators who are
appointed by the chief judge of the circuit.
In
each of the other circuits, an administrative sec-
retary to the chief judge performs many, if not
most, of the duties associated with a trial court
administrator.
Administrative secretaries are
appointed by the chief judges.
Their responsibil-
Item include the following:
(1) Implementation in administrative matters
of policies established by the Supreme Court, the
Administrative Director, or the chief judge.
(2) Preparation of the budget for the
Circuit Court.
(3) Assisting the chief judge in recruiting,
hiring, training, evaluating, and supervising the
nonjudicial personnel of the Circuit Court.
(4) Management of space, equipment, and
facilities of the Circuit Court.
(5) Procurement of supplies and services for
the Circuit Court.
(6) Preparation of reports, as required,
concerning the administrativr operation of the
Circuit Court.
(7) Juror management.
(8) Study and improvement of caseflow and
calendaring.
(9) Development of improved methods for
court operations, in particular, the adoption of
applicable modern business and data processing
techniques.
c. One clerk of the Circuit Court of each
county is elected for a 4-year term as provided by
law and holds office until his successor is
elected.
Circuit Court clerks perform clerical
duties only.
(Const., Art. VI, S7(c); Ill. Rev. Stat., Ch.
25, SS1, 13, Ch. 46, S2A-15; 1974 Annual
Report p. 57; Director of the Administrative
Office of the Illinois Courts]
3.6 Rule-making.
Subject to rgles of the Supreme
Court, the Circuit Court may make rules regulating
dockets, calendars, and business.
A majority of
circuit judges in each circuit may adopt rules that
will be uniform throughout the state governing
criminal and civil cases consistent with Illinois
statutes and Supreme Court rules.
The Circuit
Court may make rules for the orderly disposition of
business.
[Ill. Rev. Stat., Ch. 37, S72.28; Supreme Court
Rule 21(a); Civil Practice Act S2(2)]
223
Court of Limited or Special Jurisdiction
4.0 There are no courts of limited or special
jurisdiction.
State-Level Administration
.,
5.1 General administrative authority.
General
administrative and supervisory authority over all
courts is vested in the 8upreme Court and is exer-
cised by the Chief Justice in accordance with
Supreme Court rules.
Reference Section 1.5.a.
The
Chief Justice may make changes in assignments of
appellate judges, or temporarily assign judges to
any division.
The Supreme Court may assign judges
temporarily to any court and assign retired judges
to judicial service.
IConst., Art. VI, SS15(a), 16; Supreme Court
Rule 22(b)]
5.2 Administrative Office
a. The Administrative Office is authorized by
'''
the Illinois Constitution, Art. VI, S16.
b. Administrative Director
(1) The position of Administrative Director
is authorized by the Illinois Constitution, Art.
VI, S16.
(2) The Administrative Director is infor-
mally required to have a law degree.
He is
selected by the Supreme Court.
(3) The Administrative Director has a number
of responsibilities relating to personnel and fis-
cal management, the collection and analysis of use-
ful information, secretariat functions for several
court commissions and committees, and public
information.
c. Office organi;ation.
The Administrative
Office maintains two offices:
the headquarters is
in Springfield and the other is in Chica o.
The
offices consist of 36 people:
11 profess onals
(including the Administrative Director) an
25
clerical personnel.
The professional staf_ pro-
vides support services in the following aieas:
systems analysis, computer operations, ttcords man-
agement, and forms development; prO.ation coordina-
tion, court reporting, trial
'
cour
administration,
;12
court coordination, facilities
nagement, and
other cOurt services; iccountin
,
budgeting, and
purchasing; education, library/services, and publi-
cations; personnel systems, oAfice management, and
judicial assignments; legislat've, executive, pub-
lic, and media information, l gislative liaison,
and executive liaison; and in
lanning and research
activities, which include .tat4..tcal compilation,
judicial planning, research, evaluation, statisti-
cal analysis, legal services, and legislative
drafting.
1Const., Art. VI, S16; 1974 Annual Report, pp.
52-53, 65-66, 72-73; Supreme Court Rule 41;
Rule 2 of the Rules of Procedure of the Courts
Commission; Director of the Administrative
Office of the Illinnis Courts]
Quasi-Judicial Officers
6.0 There are no quasi-judicial officers in
Illinois.
Judicial Discipline
7.1.1 Judicial Inguiry Board.
The Judicial Inquiry
board consists of two cirCuit judges appointed by
the Supreme Court, four nonlawyers (only two which
f) 4 1
Supreme
Court
Rules
Committee
L 101
-
Figure 2: Illinois state-level administrative office of the courts, 1980
Supreme
Court
Executive
Committee
Chief
Justice
.,111.
Xlliaois
Courts
Commlesioa
rw an., 11
Illinois
Judicial
Conference
Legislative
Liaison
Conference of
Chief Circuit
Judges
Supervisor
Supervisor
Supervisor
Assistent
Director
Assistant
Director
budget 4
/tease.
Personnel
Services
Probation
Coordination
&formation
Services
Public
Information
and Liaison
Services
Court Support
Services
Judicial
Education
Planning 4 R
Indicates the flea of general authority.
. Indicates secretariat services ars provided to these organisations by the administretive office.
.
.
.
Indicates informal floa of information.
1The administrative director maintains offices in Springfield and Chicago.
2The deputy director maintains office In Chicago, only.
224
may be members of the same political party) ap-
pointed by the Governor, and three lawyers (only
two of which may be members of the same political
party) appointed by the Governor.
They serve 4-
year terms.
No member may serve more than 8 years.
[Const., Art. VI, 115(b)1
7.2.1 Authority and proce ure for sanction.
The
Judicial Inquiry Board is convened permanently,
with authority to conduct investigations, receive
or initiate complaints co
ning
judge or asso-
ciate judge, and file complaiiiçs with the Courts
Commission (reference Section
.1.2 below).
Five
members must agree on a reasonable basis to file a
complaint.
All proceedings of the board are con-
fidential except the filing of a complaint with the
Courts Commission.
The board will prosecute the
complaint.
[Const., Art. VI, 115(d)1
225
7.1.2 Courts Commission.
The Courts Commission
consists of one Supreme Court judge appointed by
the Supreme Court who acts as chairman, two appel-
late judges appointed by the Appellate Court, and
two circuit judges appointed by the Supreme Court.
[Const., Art. VI, 115(e)1.
7.2.2 Authority and procedure for sanction.
The
Courts Commission is convened permanently to hear
complaints initiated by the Judicial Inquiry Board
and make rulings on the disposition of such com-
plaints.
It has authority after notice and public
hearing to remove, suspend without pay, censure,
or reprimand a judge for misconduct, and to suspend
with or without pity or retire a judge for disabil-
ity.
In addition, judicial officers may be impeached
by the legislature.
[Const., Art. IV, 1114, 151
f)
Figure 1:
Indiana court system, 1980
Criminal it
death penalty
or if entence
is greater than
10 years.
SUPREME COURT
5 Justices
Jurisdiction:
- Final sppollate kuriediction.
Criminal
appeals with minimum penalty greater than
10 years.
Civil appeals if amount in con-
troversy greater than 150.
- Constitutionality of state or f dersl
statute, and habeas corpus
Is arising
out of criminal, extradit
or mental
health proceedings.
COURT OF APPEALS (4)
12 judges
Jurisdiction:
Civil and criminal appeals not heard by
Supreme Court.
Final decisions of adminintrative agencien.
5
summit COURT (35)
13 Judges
Jurisdiction (varies):
- Civil actions in law and quity.
Probate in somm locations.
- Felonies, preliminary heerings, and
some minor criminal matters.
- Juvenile matters in some counties.
Appeals de novo.
Jury trials.
COUNTS COURT (65)
65 judges
Jurisdiction!
Contract and tort under $3,000; po sssss ory actions
between landlord nd tenant where rent does not
exceed $500 per month; small claims matters,
- Misdemeanors, ordinance violations, criminal
matters with fine under $1,000 or sentence lean
than I
year.
Traffic matters.
Jury trials.
CIS/ COURT (47)
47 Judges
Jurisdiction (varies):
- Civil action under
$500 (varies to
17,500).
- Misdemeanors with
fine lss than $500,
sentence less than 6
months and ordinance
violations.
Jury trials.
TOWN COURT (19)
19 judges
Jurisdiction!
- Misdemeanor. with
fine less than $500
and sentence less
than 6 months, and
ordinance viola-
tions
Jury trials.
111
Indicates route of appeal.
A
C/PCUIT coyly' WO
801 Judge!
Jurisdiction.
- Civil actions in law and equity. divorce,
estate settlements, and guardianships un-
less another court created within the
circuit hes been granted Jurisdiction in
these matter!.
Domestic relations and probate matter!
(except in Merton and Lake Counties).
Small claim. in some countleo up to
$1,500 and po sssss ory ctions involving
amounts up to $500 per month.
Felonies, preliminary hearings, and some
minor criminal matters.
Appeals de novo.
Jury trial!.
PROtATF COURT
1
judge
Jurisdiction
- In St. Joseph County
con-
current Jurisdiction with
Superior Court 4n probate.
- Exclusive jurisdiction in
Juvenile matters.
Jury trials In probate.
SMALL CLAIMS C)URT
Of MARION COUNTY (8)
8 Judge.
Jurisdiction.
- Civil contract,
tort, po
ion of
property, and land-
lord and tenant,
under $1,50°.
Surety of the peace
proceeding..
No jury trials.
226
Criminal mat ter.
Civil
setter..
a
MUNICIPAL COURT
OF MAAION COUNTY
IS Judges
Jurisdiction
- Low cs.es under $12,son,
landlord and tenant
matters.
Class D felonie.; misde-
meanors, ordinance vio-
lations with leas than
$1,000 and sentence 17.._.)
than I
year, prelimina
hearings.
- Traffic matters.
Jury trials.
11.
Court
of
last
rsort
Intermediate
appellate
court
Courts of
general
jurisdiction
Courts of
limited
Jurisdiction
INDIANA
Court of Last Resort
1.1 SUPREME COURT.
The Supreme Court sits in
Indianapolis.
The term of court is coterminous
with the calendar year.
(Indiana Statutes Annotated (hereinafter
I.S.A.) Section 33-1-6-11
1,2 Organization.
The Supreme Court does not sit
in panels or divisions.
Three judges constitute a
quorum.
(I.S.A. 133-2.1-2-1]
1.3 Jurisdiction
a. The Supreme Court may issue any writ neces-
sary or appropriate to the exercise of its appel-
late jurisdiction.
b. The Supreme Court has appellate jurisdiction
over all cases that it may restrict by court rule.
The only appeals that must be taken directly to the
Supreme Court are those Iron judgments in criminal
cases where a penalty of death or imprisonment for
more than 10 years is imposed.
In all criminal
appeals, the court may review any question of law,
and review and revise the sentence imposed in a
trial court.
(Constitution, Article 7, Section 4; Indiana
Rules of Appellate Procedure (hereinafter
I.R.A.P.), Rule 41
1.4 Justices (5)
a.,The Chief Justice is selected by the Judi-
cial Nominating Commission (reference Table 12:
Characteristics of judicial nominating commissions)
for a 5-year term.
The commission may reappoint
the Chief Justice.
b. Supreme Court justices must be lawyers with
either 5 years experience on the bench or 10 years
experience in the practice of law.
They must
retire at age 75.
c. Supreme Court justices are appointed by the
Governor to a 2-year term from a list of three
nominees provided by the Judicial Nominating Com-
mission.
If the Governor fails to make the
appointment within 60 days of receipt of the list,
the Chief Justice (or acting Chief Justice)Lmakes
the selection.
After Serothe initial ,24.),ear
term, justices must face a
etention election for
a full 10-year term.
(Const., Art. 7, 613, 10; I.S.A. 1133-2.1-5-1,
33-2.1-7-8, 33-5-43.2-1, 33-9-1-1, 33-9-1-2,
33-14e1-2; The Ray to Judicial Merit Selection:
The Nominating Process]
1.5 Administration
a. The Chief Justice has the power of general
supervision over the judicial system. He exercises
this supervision through the Executive Director,
the Supreme Court administrator, the court adminis-
trators,, Superior Court chief/presiding judges,
Superior Court senior judges, and the presiding
judge of the Municipal Court of Marion County.
Reference Section 5.1 (General administrative
authority).
The Chi
stice has no specifically
articulated duties
egard to the administra-
tion of the Supremo
227
b. A Supreme Court administrator is appointed
by the Chief Justice.
He serves as head of the
Division of Supreme Court Administration, one of
the twoodivisions of the Office of Judicial Admin-
istration.
Reference Section 5.1 (General admin-
istrative authority).
The Supreme Court adminis-
trator performs such duties as prescribed by mem-
bers of the court.
c. The-Supreme Court clerkV elected to a 4-
year term by the voters of th
state in a general
election.
He is responsible for keeping regular
office hours; maintaining the dockets, records, and
fees of the court; certifying opinions of the
court; and making specified reports to the court.
(Const., Art. 7, 63; I.S.A. 6633-2.1-7-1,
33-2.1-7-4, 33-15-1-1 to 33-15-6-1]
1.6 Rule-making.
The Supreme Court has the exclu-
sive power to promulgate rules of procedure for all
courts in the state.
Court rules supersede pro-
cedural statutes.
The Supreme Court sets adminis-
trative policy and promulgates administrative
rules.
(Const., Art. 4, 622; I.S.A. 662-5-8-1,
33-10.5-7-2, 33-13-14-41
Intermediate Appellate Court
2.1 COURT OF APPgALS.
The Court of Appeals sits
in Indianapolis for a term coterminous with the
calendar year.
(I.S.A. 1633-1-6-1, 33-2.1-2-31
2.2 Organization.
The court sits in 3-judge
panels.
Each panel hears appeals from a designated
geographical district of the state.
Presently, the
court has four districts.
(I.S.A. 633-2.1-2-2; 1978 Annual Report, p. 21
2.3 Jurisdiction
a. The Court of Appeals has no original juris-
diction.
The court may review decisions of the
Full Industrial board, the Review board of the
Employment Security Division, and the Public
Service Commission.
b. The Supreme Court rules specify the condi-
tions under which appeals are made.
An appeal as
a ma'iter of right must be available in all cases,
inclAtting a review of sentences in criminal cases.
Except for those criminal cases where a penalty of
death or imprisonment for 10 years or more and
where appeal is made directly to the Supreme Court
(reference Section 1.3.b), the appeal of right is
to the Court of Appeals.
The court is also
empoweredto hear interlocutory appeals.
(Const., Art. 7, 16; I.R.A.P., Rule 41
2.4 Jud es (12)
a. The chief judge of the Court of Appeals is
selected by his peers.
He serves in this role for
a term of 3 years, effective from the date of his
appointment.
b. Court of Appeals judges must meet the same
qualifications as Supreme Court justices.
Refer-
ence Section 1.4.b.
0 e
c. Court of Appeals judge
seleetmd
same manner and for the same
as Supreme Court
justices.
Reference Section
[I.S.A. 133-2.1-2-4)
2.5 Administration
a. The chief judge of the Court of Appeals has
no specifically articulated administrative duties
other than to assign a replacement when a judge
disqualifies himself.
b. There is no provision for an administrator
for the Court of Appeals.
Reference Section 5.2.b
(state-level administrator).
c. The,clerk of the Supreme Court also serves
the Court of Appeals.
Reference SectiOn 1.5.c.
[1..S,A. 1133-2.1-2-5, 33-3-1-3)
2.6 Rule-making.
Reference Section 1.6.
Courts of General Jurisdiction
3.1.1 CIRCUIT COURT.
The court sits for a term
coterminous with 71ie calendar year.
[I.S.A. 133-00-11
3.2.1 Organization.' The state is divided into 88
circuits containing either 1 or 2 counties.
Court
is held at each county seat.
Some Circuit Courts
have established Small Claims Divisions.
[I.S.A. 133-4-1-4.1 to 133-4-1-88.2)
3.3.1 Jurisdiction
a. The jurisdiction of the Circuit Court
is not
uniform among all courts.
The Cimcuit Court exer-
cises jurisdiction over all criminal cases, all
civil cases in law or equity, divorce actions,
estate,settlements, and guardianships unless
another court created within tNe
circuit has been
granted jurisdiction over such cases.
Small claims
cases are kept separated on the Small Claims Docket
in those counties where it has been created by law.
Where established, they hear civil cases up to
41,500 and po sssss ory actions where the maximum
amount involved does not exceed $500 per month.
b. The Circurt Court has concurrent appellate
jurisdiction with the Superior Court over judgments
from the Small Claims Court of Marion County.
[Const., Art. 7, 18; I.S.A. 132-2.1-6-4,
133-4-1-4.1 to 133-4-1-87.2, 133-4-4-3; Indiana
Trial Courts]
3.4.1 Judges (88)
a. The Circuit Court does not have a chief
judge over all the circuits or presiding judges for
the individual circuits.
b. Circuit Court judges must be residents of
their judicial' circuits and must be members of the
state bar, or must have been judicial officers of
the state of a municipality.
c. iircuit Court judges are elected to 6-year
terms brthe voters of their respective counties.
[Const., Art. 7,417; I.S.A. 1133-4-4-1, 33-13-
9-1]
3.5.1 Administration
a. There are no provisions for a chief judge
over all the circuits or for presiding judges for
the individual circuits.
Each court is an autono-
mous unit.
b. There is no provision for an administrator
,
over all the Circuit Courts.
In counties with mori
than 100,000 population, the judges of the Circuit
Court, Superior Court, and Probate Court sit in
committee and elect to establish the position of
court administrator.
If the judges decide to
create the position, they are empowered to specify
the duties of the court administrator.
c. Circuit Court clerks, or county clerks as
they are called, are elected to 4-year terms by
228
thm-voters of their respective counties.
The
clerks' duties include endorsing all official
court papers, administering oaths, and collecting
and accounting for all court fees and fines.
[I&S.A. 1133-1-12-1, 33-1-12-2, 33-1=12-4,
to 33-15-11-6; Executive Director]
3.6.1
e-making.
Reference Section 1.6.
3.1.2 SUPERIOR'COURT. "Tbe court sits for a term
coterminous with the calendar year.
[I.S.A. 133-1-6-1]
3.2.2 Organization.
The Superior Court is estab-
lished on the county level.
Each court was created
through separate legislation and the organization
of the court depends upon the jurisdiction con-
ferred upon each court.
Reference Section 3.3.2
below.
[I.S.A. 1331
3.3.2 Jurisdiction
a. The jurisdiction of the Superior Court
varies from court to court.
Thirteen Superior
Courts simply have concurrent jurisdiction with the
Circuit Court.
Reference Section 3.3.1.a.
Four-
teen courts exercise concurrent jurisdiction with
the Circuit Court with the exception of probafe
and/or juvenile jurisdiction, which remains exclu-
sively with'the Circuit Court.
Six SuperiorCourts
retain exclusive jurisdiction over juvenile or pro-
bate matters in addition to concurrept jurisdiction
with the Circuit Court in all other matters.
Four
Superior Courts have' unique jurisdiction.
Each
has concurrent jurisdiction with the Circuit Court
in most matters, with exclusive jurisdiction in
others.
One,court retains exclusive jurisdiction
over juvenile and domestic
relations cases; one
retains exclusive small claiMs and misdemeanor
jurisdiction; another retains small claims, pro-
bate, and juvenile jurisdiction; and one has exclu-
sive jurisdiction ovei probate, misdemeanor, and
small claims cases.
b. The Superior Court has concurrent appellate
jurisdiction with the Circuit Court over judgments
from the Small Claims Court of Marion COunty.=
[I.S.A. 133-5-5.1 to 133-5-47-7; Indiana Trial
Courts]
3.4.2 Judges (83)
a. There is no provision for a chief judge over
all the counties that have a Superior Court.
The
judges of some of the individual courts select a
chief judge or a presiding judge from among their
members.
This most often occurs in a unified
Superior Court of a particular county.
b. Superior Court judges must meet the same
qualifications as Circuit Court judges.
Reference
Section T.4.1,.b.
c. The judges of four of the Superior Courts
are appointed by the Governor from a list presented
to him by the counties' Judicial Nominating Commis-
sion (reference Table 12:
Characteristics of ju-
dicial nominating commissions).
After appointment,
the judges serve 2 years and then are subject to a
retention eiection for a full 6-year term.
Judges
of the remaining 31 courts are elected at partisan
elections to 6-year terms.
'
(I.S.A. 133-5-5.5-1 to 133-5-47-10)
3.5.2 Administration
a. Whereas there is no provision for a chief
judge over all the counties that have a Superior
Court, there are chief judges or presiding judges
for some of the individual courts.
They have no
specifically articulated administrative duties, but
in prac4ce they carry out administrative duties
for their respective courts.
The senior judges of
r-
tt.)
divisions of the larger Superior Courts are respon-
Bible for the sidAiniitieViónOTIteir respective
divisions.
b. There is no provision for an administrator
over all the counties that have a Superior Court.
Reference Section 3.5.1.6 (Administration).
C. CircUit Court clerks serve as clerks for the
Superior Court.
Reference Section 3.5.1.c
(Administration).
[I.S.A. 133-5-29.5-8; Executive Director]
3.6.2 Rule-making.
Reference Section 1.6.
Courts a Limited or Special Jurisdiction
4.1.1 COUNTY COURT.
The court sits for a term
coterminous with the calendar year.
(I.S.A. 133-1-6-1)
4.2.1 Organization.
There is a County Court in
approximately 65 of 92 counties.
Six courts serve
two counties each.
There are no specialized divi-
sions of the court.
[I.S.A. 133-10.5-1-5; Executive Director]
4.3.1 Jurisdiction
a. The County Court has original and concurrent
jurisdiction in all class D felony, misdemeanor,
infraction, and ordinance violation cases; and
original jurisdiction in cases involving a request
for a surety of the peace.
The court also hes
original and concurrent jurisdiction in all civil
cases founded on contract or tort in which the debt
or damage does not exceed $3,000; landlord-tenant
possessory actions where the rent reserved does not
exceed $500 a month; and original exclusive juris-
'diction in other possessory actions where the prop-
erty value does not exceed $3,000.
Where a defen-
dant is charged with a crime not within the juris-
diction of the court, it may hold the defendant to
bail in an equal amount of either cash or surety.
b. The County Court has no appellate jurisdic-
tion.
(I.S.A. 133-10.5-3-1)
4.4.1 Judges (65)
a. The County Court does not have a presiding
judge.
b. Cdunty Court judges must be citizens of the
United Statek, must be residents of Indiana, must
be members of the Indiana Bar, and must be less
tgan 70 years old at the start of their terms.
Judges may not practice law while in office.
c. County Court judges are elected to 4-year
terms by the voters of each county, or the voters
of two counties if the judge is required to serve
two counties.
In multi-judge counties, each judge-
ship is subject to separate election.
[I.S.A.1133-10.5-4-1, 33-10.5-4-2, 33-10.5-6-1,
33-10.5-6-6; Executive Director]
4.5.1 Administration
a. There are no provisions for presiding judges
for the County Court.
b. There are no provisions for administrators
for the County Court.
Reference Section 5.2.b
(state-level administrator).
c. Circuit Court clerks serve as clerks for the
County Court and perform the same functions with
respect to the operation of the County Court.
Reference Section 3.5.1.c (Administration).
[I.S.A. 433-10.5-8-21
4.6.1 Rule-making.
Reference Section 1.6.
4.1.2 PROBATE COURT (St. Joseph).
The court sits
for a term coterminous with the calendar year.
(I.R.A. 133-1-6-11
229
4.2.2 Organisation.
There is a single Probate
Court in the state located in St. Joseph County.
There are n9 specialized divisions of the court.
(I.S.A. 133-8-2-1)
4.3.2 Jurisdiction
a. The Probate Court has concurrent jurisdic-
tion with the Superior Court of St. Joseph County
in all probak, matters and exclusive jurisdiction
in all juvenile cases in the county.
b. The Probate Court has no appellate jurisdic-
tion.
(I.S.A. 1133-8-2-9, 33-8-2-10)
4.4.2 Jud es (1)
a. Since there is only one judge, the Probate
Court does not have a presiding judge.
b. The Probate Court judge must meet the same
qualifications as Circuit Court judges.
Reference
Section 3.4.1.b.
c. The Probate Court judge is elected to a 6-
year term by the voters of St. Joseph County.
(I.S.A. 1133-8-2-3, 33-13-9-1)
4.5.2 Administration
a. There is no provision for a presiding judge
for the Probate Court.
b. There is no provision for an administrator
.
for the Probate Court.
Reference Section 3.5.1.6.
c. The St. Joseph County Circuit Court clerk
serves as clerk of the Probate Court and performs
the same duties with respect to the operation of
the Probate Court.
Reference Section 3.5.1.c.
[I.S.A. 1133-8-2-4, 33-8-2-51
4.6.2 Rule-making.
Reference Section 1.6.
4.1.3 MUNICIPAL COURT OF MARION COUNTY.
The court
sits for a term coterminous with the calendar year.
(I.S.A. 133-1-6-1)
4.2.3 Organization.
The only Municipal Court in
the state is located in Marion County.
The geo-
graphic jurisdiction of the court extends to the
city-county consolidation of Indianapolis-Marion.
There are no specialized divisions of the court.
[I.S.A. 133-6-1-1; 1978 Annual Report]
4.3.3 Jurisdiction
a. The Municipal Court of Marion County has
original and concurrent jurisdiction with the Su-
perior and Circuit Courts in all actions where the
amount in controversy does not exceed $12,500 and
in all possessory actions between landlord and
tenant regardldss of amount.
The court's criminal
jurisdiction extends to all municipal ordinance
violations and all misdemeanor violations of traf-
fic laws.
Original jurisdiction, concurrent with
the Superior and Circuit Courts, is exercised over
all misdemeanors and all Class D felonieq.
b. The Municipal Court of Marion County has no
appellate jurisdiction.
[I.S.A. 133-6-1-2; Executive Director]
4.4.3 Judges (15)
a. The presiding judge is designated upon his
appointment to the court.
He serves in this role
for a term of 4 years.
b. Municipal Court of Marion County judges must
be United States citizens, must be lawyers with 5
years of experience in the state and 3 years of ex-
perience in thi county, and must have been resi-
dents of the county for at least 3 years.
No more
than eight judges can be of the same political
party.
c. MUnicipal Court df Marion County judges are
appointed to 4-year terms from a list of nominees
provided by the Judicial Nominating Commission
(reference Table 12:
Characteristics of judicial
nominating commissions).
-
U.S.A. 133-6-1-12)
4.5.3 Administration
a. The presiding judge assigns cases, court-
rooms, and offices and, unless he establishes rules
to handle the matter, he decides all matters of
trial dates, continuandes, and subpoenas.
b. There is no provision for an administrator
for the Municipal Court.
Reference Section 5.2.6
(state-level administrator).
C. The Marion County Circuit Court clerk serves
as clerk of the Municipal Court.
U.S.A. 1133-6-1-3, 33-6-1-7)
4.6.3 Rule-sikkiog.
The court is authorized to
promulgate procedural rules not inconsistent with
state law.
[I.S.A. 133-6-1-3.1)
4.1.4 SMALL CLAIMS COURT OF MARION COUNTY.
The
court sits for a term coterminous with the calendar
year.
U.S.A. 133-1-6-1)
4.2.4 Organization.
There is a division of the
Marion County Small Claims Court in every township
of Marion County with 15,000 population unless the
township chooses not to have such a court.
The
court has eight divisions based on township lines.
Territorial jurisdiction extends throughout the
county.
This is not
court of record.
U.S.A. 1133-11.6-1-5, 13-11.6-1-4,
33-11.6-2-1; 1978 Annual Report]
4.3.4 Jurisdiction
a. The Marion County Snell Claims Court has
original and concurrent jurisdiction with the Cir-
cuit, Superior, and Municipal Courts in all civil
actions founded on contract or tort in which the
amount in controversy does not exceed 0,500; in
possessory actions between landlord and tenant in
which the past due rent does not exceed $1,500; and
in actions for the possession of property of less
than $1,500 in value.
b. The Marion County Small Claims Court has no
appellate jurisdiction.
U.S.A. 1133-11.6-4-2, 33-11.6-4-3)
4.4.4 Judges (8)
a. The Marion County Small Claims Court does
not have a presiding judge.
b. Marion County Small Claims Court judges must
be United States citizens, must have been residents
of the state and county for at least 1 year prior
to taking office, and must be "of high moral char-
acter and reputation."
Judges must be attorneys
unless they were justices of the peace on December
31, 1975, and had held that office for at least 1
year.
c. Marion County Small Claims Court judges are
elected to 4-year terms by the voters of the town-
ships in which the divisions are located.
U.S.A. 1133-11.6-3-1, 33-11.6-3-2,
33-11.6-3-4; Executive Director)
4,5.4 Administration
'
a. There is no provision for a presiding judge
for the Small Claims Court of Marion County.
b. There is no provision for an administrator
for the Small Claims Court of Marion County.
Ref-
erence Section 5.2.6 (state-level administrator).
c. The court is furnished with a clerk by the
township.
There are no formal provisions for
assigning administrative duties to the clerk.
U.S.A. 133-11.6-8-31
4.6.4 Rule-making.
Statute requires that the court
use a simplified procedure that will allow any
person to bring his case before the court without
the aid of an attorney.
[I.S.A. 133-11.6-4-6)
230
4.1.5 CITY COURT.
Regular sessions of the court
are held at a place provided and designated by the
common council.
U.S.A. 118-1-14-5)
4.2.5. Organization.
The judicial power of every
city of the 1st, 2nd, 3rd, and 4th class is vested
in a City Court.
U.S.A. 118-1-14-1)
4.3.5 Jurisdiction
a. The City Court has criminal jurisdiction in
misdemeanors where there is a fine less than $500
and a sentence less than 6 months.
The court also
has jurisdiction over city ordinance violations.
The City Court has civil jurisdiction in civil
actions under $500 (varies to $2,500).
b. The City Court has no appellate jurisdic-
tion.
[Court Organization Chart)
4.4.5 Judges (47)
a. The City Court does not have presiding
judges.
b. There are no statutory qualifications for
City Court judges.
c. City Court judges are elected for 4-year
terms by the voters of their respective cities at
the same time and in the same manner as other city
officers.
[I.S.A. 18-1-14-5(a))
4.5.5 Administration
a. There are no provisions for presiding judges
for the City Court.
b. There are no provlsions for administrators
for the City Court.
Reference Section 5.2.6
(state-level administrator).
c. In cities of the 1st and 2nd class, the
city clerk serVes as the clerk of the City Court.
He has the responsibility for administering Oaths,
issuing all process of the court, and affixing the
seal of the court.
He also has responsibility for
keeping a complete record and docket of all cases,
and collecting all fees, fines, penalties, forfei-
tures, judgments, executions, and moneys.
In
cities of the 3rd and 4th class, the judge may act
as clerk and may periOrm all duties, so far as ap-
plicable, listed above.
U.S.A. 1118-1-14-5, 18-1-14-8)
4.6.5 Rule-making,
The City Court judge has full
power and authority to make and adopt rules and
regulation* for conducting the business of his
court not inconsistent with state law.
[I.S.A. 118-1-14-6)
4.1.6 TOWN COURT.
The Town Court judge holds such
sessions of the court as the business of the court
demands at a place provided and designated by the
board of Trustees of the town.
U.S.A. 118-1-14-3)
4.2.6 Organization.
The judicial power of every
town may be vested in a Town Court upon ordinance
of the town board of Trustees that creates such a
court.
This does not apply to any town located in
a county having a population greater than 200,000
according to the last census.
4.3.6 Jurisdiction
a. The Town Court has criminal jurisdiction in
misdemeanors where there is a fine less than $500
and a sentence less than 6 months.
The court also
has jurisdiction over city ordinance violations.
b. The Town Court has no appellate jurisdic-
tion.
[Court Organization Chart]
4.4.6 Judges (19)
a. The Town Court does not have presiding
judges.
() j (---
I
Figure 2:
Indiana state-level administrative office of the courts, 1980
State
Court
Administrator
Deputy
State
Court
Administrator
1
IIIi 1 11 Lol
Public
Planning
information
Court
Information
and
Systems
Support
and Liaison
Research
Services
Activities
- Systems analysis
Court coordination
- Legislative,
- Statistical compilation
- Pons' davelopment
Other court activities
executive, public
IL
h
- Yield representation
and media
- [valuation
information
- Statistical analysis
- Legislative drafting
- JPC/Planning
)
P
C
L.
II.
b. There are no statutory qualifications for
Town Court judges.
c. Town Court judges are elected to 4-year
terms by the voters of their respective towns at
the same time and in the same manner as the other
town officers.
When a vacancy occurs in the office
of judge, the vacancy is filled by appointment by
the president of the town Board of Trustets until
the successor can be elected at the next election
of toWn officers.
[I.S.A 5518-1-14-3, 18-1-14-4]
4.5.6 Adeinistration
a. There are no provisions for presiding judges
for the Town Court.
b. There are no provisions for administrators
for the Town Court.
c. The judge acts as his awn clerk.
[I.S.A. 518-1-14-2]
4.6.6 Rule-making.
The powers ollha Town Court
judge are the same as those prescfted for a City
Court judge.
Reference Section 4.6.5.
[I.S.A. 118-1-14-3]
State-Level Administration
5.1 General administrative authority.
The adminis-
trative organs of the state judicial system have
been placed under the auspices of the Chief Justice
of the Supreme Court.
Within his office is the
Office of Judicial Administration, which consists
of the Division of Supreme Court Administration and
the Division of State Court Administration.
Refer-
ence Sections 1.5.a ad 1.5.b.
[I.S.A. 533-2.1-7-1]
5.2 Division of State Court Administration
a. The division was created by statute.
It is
one of the two divisions that make up the Office
of Judicial Administration.
b. Executive Director
(1) The position of Executive Director is
statutorily authorized by I.S.A. 533-2.1-7.1.
(2) There are no formal requirements for the
position of Executive Director.
In practice, he
is expected to be an attorney.
He is appointed by
and serves at the pleasure of the Supreme Court.
(3) The Division of State Court Administra-
tion and the Executive Director are charged with
examining the practices of the clerks' offices and
other offices serving the courts and making recom-
mendations for necessary improvements; collecting
and compiling statistics; and publishing reports
on caseloads, budget, and the operations of the
courts.
c. Office organization.
The Chief Justice is
empowered to appoint the personnel of the Division
of State Court Administration.
The office consists
of 5 people:
the Executive Director, the \assistant
'director, and three secretaries.
The professional
staff provides support services in the following
areas:
systems analysis, forms development, and
field representation; court coordination and other
court services; legislative, executive, public, and
media information, legislative liaison, and execu-
tive liaison; and planning and research activities,
which include statistical compilation, judicial
plannieg, research, evaluation, statistical analy-
sis, and legislative drafting.
[I.S.A. 533-2.1-7-1 to 533-2.1-7-3; Executive
Director]
Quasi-Judicial Officers
6.1.1 ALL TRIAL COURTS
6.2.1 Masters
a. Meters are appoihked by the court with the
232
concurrence of the Supreme Court.
There are no
formal qualifications.
b. Cases are referred to masters by an order
of the court, which expressly states their powers
and duties.
Subject to limitations expressed in
the reference order, masters may hear evidence,
rule on its admissability, administer oaths, and
call witnesses.
The master files a report of his
proceedings with the court.
[Trial Rule 53(A), 53(C), 53(E)]
6.1.2 CIRCUIT COURT
6.2.2 Probate commissioner
a. The judges of the courts in counties of over
7,000 population are authorized to appoint probate
commissioners.
They must be residents of the
county and "competent person[e]."
b. Commissioners are empowered to make and
enforce all rules necessary for the protection of
trusts assigned to them and to take actions neces-
sary to enforce the rules of the court and expedite
the business of the court with reference to probate
matters.
In counties with mere than 60,000 popula-
tion, commissioners may hear evidence and make
reports on their findings to the court.
[I.S.A. 1129-2-2-1, 29-2-2-5, 29-2-4-1]
6.1.3 CIRCUIT COURT, SUPERIOR COURT, AND MUNICIPAL
COURT OF MARION COUNTY
6.2.3 Master commissioner
a. Master commissioners are appointed by the
court.
They must be attorneys and must be resi-
dents of the counties where the courts are located.
b. Commissioners are authorized to take and
certify affidavits and depositions, administer
oaths and affirmations, issue and enforce sub-
poenas, conduct preliminary hearings, issue search
warrants, and issue arrest warrants and set bond
thereon.
Commissioners are also empowered to han-
dle certain chancery matters such as examining the
condition and'operation of trusts and estates.
They have the power to issue and enforce subpoenas
in the furtherance of these duties.
In such cases,
the commissioner files a report with the court for
its action on the matter.
[I.S.A. 534-1-25-1 to 534-1-25-3]
Judicial Discipline
7.1 Commission on Judicial Qualifications.
The
Supreme Court and Court of Appeals Judicial Nomi-
nating Commission (reference Table 12:
Character-
istics of judicial nominating commissions) also
serve as a Commission on Judicial Qualifications.
The commission consists of the Chief Justice or his
designate as chairman; three attorneys, elected by
the state bar; and three lay persons, selected by
the Governor.
[Const., Art. 7, 19; I.S.A. 1133-2.1-4-1,
33-2.1-4-2, 33-2.1-5-2]
7.2 Authority and procedure for sanction.
Upon
receiving a complaint, the commission notifies the
accused judge, who must file an answer within 20
days.
The commission will then either conduct a
hearing itself or request the Supreme Court to
appoint three judges, active or retired, of courts
of record to serve as special masters and to con-
duct a hearing.
The hearing is recorded verbatim
and formil rules of evidence apply.
If the hearing
is before a master, he must make a report to the
commission and the accused has the right to file an
objection to the report.
The commission makes its
recommendations to,the Supreme Court who takes
final action.
[I.8.A. 133-2.1-5-5 to 133-2.1-5-19]
0
IOWA
Court of Last Resort
1.1 SUPRINI COURT.
The court meets at the seat of
government and holds three regular terms each year.
[Code of Iowa 1977 (hereinafter Code) Section
684.5]
1.2 Organization.
The Supreme Court may be divided
into divisions of three or more judges as pre-
scribed by rule.
The divisions may hold open
court separately and cases may be submitted to
e ach diVision separately.
[Code 1684.2]
1.3 Jurisdiction
a. The Supreme Court may issue all necessary
writs to conduct the business of the court.
b. The Supreme Court has'appellate jurisdiction
only in cases in chancery, and constitutes a court
for the correction of errors at law.
[Constitution, Article V, Section 4; Code
1684.11
1.4 Justices (9)
a. The Chief Justice is selected by his peers.
He serves for the remainder of his term and is
e ligible for reselection.
b. Supreme Court justices must be members of
the state bar.
c. Supreme Court justices are appointed by the
Governor frOm a list of nosinees submitted by the
'State Judicial Nominating Commission (reference
Table 12:
Characteristics of judicial nominating
commissions).
They serve for 1 year after appoint-
ment, at which time they must stand for retention
in general elections.
If retained, they serve 8-
year terms.
(Const., Art. V, lin, 17, 18; Code 1684.41
1.5 Administration
a. The Supreme Court exercises administration
and supervision over the entire court system
through the Chief Justice, assisted by the Court
Administrator of the Judicial Department, Who ex-
e rcises general supervisory powers over the unified
District Court.
The Chief Justice also serve. as
chairman of the Judicial Council (reference Table
29:
Judicial councils and conferences).
Also ref-
erence Section 5.1 (General administrative author-
ity).
The Chief Justice has no specifically ar-
ticulated duties with regard to the administration
of the Suprema Court.
b. The Court Administrator of the Judicial
Department serves as the administrator for the
Supremo Court.
Reference Section 5.2.b (state-
level administrator).-
c. The justices of the Supreme Court appoint a
clerk to serve a 4-year tern.
There are rio formal
provisions for assigning administrative duties to
the clerk.
In practice, the clerk provides super-
/
vision over the following duties:
the docketing
and monitoring of cases appealed to the Supreme
Court, the granting of extensions of time, the set-
233
tint of mOtions for hearing, the administration of
the state bar examination and the election of ju-
dicial nominating commissioners, the maintenance
of a docket of senior judges, the maintenance of a
list of certified short-hand reporters and attor-
neys admitted to the bar, and other general record-
keeping responsibilities.
[Code 1146.9, 115.7, 685.1, 685.2; Rules of
Appellate Procedure 22 (h, i); Supreme Court
Rules 103, 108; Court Administrator]
1.6 Rule-makin
.
The legislature grants the Su-
prema Court power to prescribe all rules of plead-
ing, practice, and procedure, and to prescribe the
forms of process, writs, and notices for all civil
proceedings for all courts in the state.
It also
has the power to prescribe rules of appellate pro-
cedure.
Any such rules and forma prescribed by the
Supreme Court must be reported to the General
Assembly and are subject to any changes made by the
General Assembly.
Statutes provide that the Su-
preme Court is to promulgate rules providing for
the assignment of causes for hearing.
The Supreme
Court must also adopt rules for the administration
of the courts.
[Code 11684.9, 684.18, 684.19, 684.211
Intermediate Appellate Court
2.1 COURT OF APPEALS.
The court meets at the seat
of government.
It holds annual terms and is in
continuous session.
[Code 11684.32, 684.331
2.2 Organization.
The Court of Appeals has state-
wide jurisdiction.
The court does not sit in
panels or divisions.
[Code 1684.351
2.3 Jurisdiction
a. The Court of Appeals is eupowered to issue
writs and other process necessary for the exercise
and enforcement of its jurisdiction.
b. The Court of Appeals has appellate jurisdic-
tion only in cases in chancery.
The court has sub-
ject matter jurisdiction in all civil actions and
proceedings, all criminal actions, all postconvic-
tion remedy proceedings, aqd judgments of district
judges in small claims actions.
The jurisdiction
of the court is limited to those matters for which
an appeal has been brought before the Supreme
Court, and for which the Supreme Court has entered
an order transferring the matter to the Court of
Appeals.
Any action or proceeding filed with the
Supreme Court for appeal or review may be trans-
ferred by the Supreme Court to the Court of
Appeals by issuing an order of transfer.
[Code 11684.1, 684.351
2.4 Jud es (5)
a. The chief judge is elected to a 2-year term
by majority vote of the judges of the Court jif Ap-
peals.
f) t)
Figure 1:
Iowa court system, 1980
SUPREME COURT
9 justices
Jurisdiction:
- Original Jurisdiction in reapportionment, bar diecipline, and the iesuance
of temporary injunctions.
Discretionary reviev of District Court actions:
in small claim actions
where the amount is lass than $1,000; in other civil actions where the
amount is lass than $3,000; in criminal csees where the state is the
applicant, from an order dismissing an rrrrr t or search warrant; in
criminal cases where the defendant is the applicant, from an order denying
probation, In criminal cases where the state or the defendant is the
applicant, from an order suppressing or admitting evidence or from an order
granting or denying a change in'venue.
- All other District Court final judgments se a matter of right.
- Discretionary appeals of any matter may be transferred to the Court of
APpeals.
COURT OF APPEALS
5 judges
Jurisdiction:
- Any case transferred by order
to the Court of Appeals
frost the Supreme Court.
DISTRICT COURT (S)
-
DISTRICT COURT Op
DISTRICT COURT (S)
DISTRICT COURT (a)
92 full-time, 3 part-
13 district associate
166 part-time magistrates
time judges
judges
Jurisdiction'
Jurisdiction:
17 regular and 9
- Small claims of $1,000
- General And original
substitute full-time
or less.
Forcible
jurisdiction in civil
and pro
te actions.
magistrates
Jurisdiction:
entry and detainer,
except title to
- Generpf And original
- Civil actions $3,000 or
property.
jur
diction in
less.
Small claims of
Nonindictable miade-
cptsiinal cases.
$1,000 or less.
Forci-
meanor including traf-
-
uvenile matters.
peals de novo and on
ble entry and detainer,
except title to
fic and ordinance
violations (fines less
record (from cases
property.
than $100 or sentence
originally heard by
- Misdemeanors, ordinance
less than 30 days).
associate judges and
violations, and prelim-
Prlisinary hearings.
magistrates).
inary hearings.
Search werrent
Jury trials.
Traffic cases.
proceedings.
- Juvenile matters.
No jury trials in small
Six-person fury trial in
claim csses.
simple misdemeanor
Jury trials in criminal
(non-indict'able) cases.
cases.
No jury trials in mall
claim eases.
Indicates route of appeal.
itIndicates assignment of csses.
234
9
4
OIMMI
.11,
=11.
Court of
last
resort
Intermediate
appellate
COurt
Court of
general
jurisdiction
b. CourtflfAppeals judges met met the same
qualificati
s as Supreme Court justices.
Refer-
ence
ction 1.4.b.
c. Court of Appeals judges are selected in the
same manner as Supreme Court justices.
Reference
Section 1.4.c.
After 1 year following initial
appointmenti Court of Appeals judges must stand for
retention i4 general elections.
If retained, they
serve 6-year terms.
(Code 1146.16, 684.34, 684.43)
2.5 Administration
a. The Chief Judge supervises the affairs of
the court.
b. The Court Administrator of the Judicial
Deportment serves as the administrator for the
Court of Appeals.
Reference Section 5.2.b (state-
level administrator).
c. The clerk of the Supreme Court acts as clerk
of the Court of Appeals.
Reference Section 1.5.c.
Subject to the approval of the Supreme Court, he
may appoint a deputy clerk for the performance of
duties relating to the Court of Appeals.
(Code 11684.19, 684.48, 684.49)
21611111iLL1ECLLEL.
The Court of Appeals, subject to
the approval of the Supreme Court, may prescribe
rules of appellate procedure and other rules for
conducting business for the Court of Appeals, not
in conflict with rules of the Supreme Court.
Rules
must be approved by the legislature.
(Code 11684.19, 684.37)
Court of General Jurisdiction
3.1 DISTRICT COURT.
The court sits in continuous
session.
(Code 1602.10)
3.2 Organisation.
For the purposes of administra-
tion and ordinary judicial functions, the state is
divided into eight multi-county judicial districts.
The state is divided into 13 judicial election dis-
tricts for the purposes of nomination and appoint-
ment of district judges, the application of the
judgeship formula, the removal of judicial magis-
trates, and the appointment of substitute and reg-
ular full-time judicial magistrates.
Court must
be held at the places in each county as designated
by the chief judge of the judicial district, except
for the determination of matters not requiring a
jury, when court may be held at soma other place
in the district with the consent of the parties.
When regular or associate district judges or full-
time magistrates are hearing juvenile cases, the
District Court is known as the Juvenile Court.
There are no specialised divisions of the court.
(Code 11602.18, 602.5; 1976 Annual Statistical
RePor;, llowa Judiciary (hereinafter Iowa Judi-
c ary
,
p0. 32-331
3.3 Jurisdiction
a. The District Court has general and original
jurisdictioq over all actions and proceedings in-
cluding juv4nile matters.
Jurisdiction of the
court is dililded bettieen the various types of judi-
cial officers as follows:
(1) District judges.
District judges pos-
sess the full jurisdiction of the District Court,
including th jurisdiction of the judicial magis-
trates.
(2) District associate judges.
Associate
judges have the same jurisdiction as pert-time mag-
istrates (see (4) below) in addition to jurisdic-
tion over indictable misdemeanors, civil actions
for money judgments where the amount in controversy
does net exceed $3,000, end juvenile cases when
-designated as judges of the Juvenile Court by the
chief judge of the judicial district.
"
rilWI1T11.. jillifIAT-megistrafes.
As of
July 1, 1974, full-time magistrates have concurrent
jurisdiction with district associate judges.
(4) Part-time judicial magistrates.
Part-
time judicial magistrates have jurisdiction in pre-
liminary hearing cases; nonindictable misdemeanors,
includine traffic and ordinance violations; search
warrant proceedings; small claima; emergency hos-
pitalization proceedings, and miscellaneous
actions.
b. The Iowa District Court is the state's uni-
fied trial court.
Therefore, the court has no ap-
pellate jurisdiction.
(Const., Art. V, 11; Code 11231.1, 602.1,
602.4, 602.32, 602.60; Iowa Judiciary, pp. 25,
29-30; Court Adeinistrator)
3.4 Judges.
Ninety-two full-tine and 3 part-time
district judges, 13 district associate judges, 17
regular full-time magistrates, 9 substitute full-
time magistrates, and 166 part-time magistrates
serve as judicial officers in the District Court.
a. There is no provision for a chief judge over
all the districts of the District Court.
The Chief
Justice, with the approval of the Supreme Court,
appoints a chief judge for each district from among
the district judges of the district for a 2-year
term, after which he is eligible for reappointment.
b. Qualifications
(1) District judges.
District judges must
be residents of the districts in which they are
elected.
They must be licensed attorneys.
(2) District associate judges.
District
associate judges must be licensed attorneys.
(3) Judicial magistrates.
Judicial magis-
trates must be voterd of their counties and must
be less than 72 years of age.
Full-time magis-
trates must be licensed to practice law.
A license
to practice law is not required for part-time mag-
istrates; however, the County Judicial Magistrate
Appointing Commission (reference Table 12:
Charac-
teristics of judicial moninating coumissions) must
first consider licensed attorneys.
The Magistrate
Appointing Commission is composed of one district
judge designated by the chief judge of the dis-
trict, three members appointed by the board of Su-
pervisors, and two attorneys elected by the county
bar.
c. Method of selection and tenure
(1) District judges.
District judges are
appointed by the Governor from a list of two nomi-
nees submitted by the District Judicial Nominating
Commission (reference Table 12:
Characteristics
of judicial nominating commissions).
Following ini-
tial appointment, they serve for one year, after
which they must stand for a retention election.
If retained, they serve 6-year terms.
(2) District associate judges.
District
associate judges are appointed by the district
judges of the election districts from nominations
by the County Judicial Magistrate Appointing Com-
mission (reference Table 12:
Characteristics of
judicial nominating commissions).
After the initial
4-year terms, they stand in retention elections
every 4 years thereafter.
(3) Judicial magistrates.
Ful
time magis-
trates are appointed by the district ju
the
election districts from nominations by the County
Judicial Magistrate Appointing Commission and serve
4-year terms.
Part-time judicial magistrates are
appointed by the Appointing Commission for 2-year
terms.
235
(Const.
Art. V, 115; Code 1146.16, 602.16,
-----402,29,-602.50,-40241, 602.52, 605.13, 605.14;
Rules of Civil Procedure (hereinafter R. Civ.
P.), Rule 376; Court Administrator]
3.5 Administration
a. Whereas there is no chief judge over all the
districts of the District Court, the chief judges
for the individual districts exercise continuing
administrative supervision within their districts
over the courts, judges, officials, and employees.
They fix times and places for holding court and
designate the judges who will hold court.
b. There is no provision for an administrator
over all the districts of the District Court.
The
administrators for the individual districts are
appointed by the chief judges and perform such
dutiee ae may be assigned by the chief judges.
They must cooperate with the Court Administrator
of the Judicial Department in developing necessary
statewide court policies.
Reference Section 5.2.b
(state-level administrator).
c. The positions of District Court clerks, who
are elected in partisan elections every 4 years,
are authorized by statute.
The clerks attend ses-
sions of the court or send deputies.
The clerks
are responsible for keeping the records, papers,
and seal, and for recording the proceedings of the
court.
(Code 1139.16, 605.35, 606.1; R. Civ. P., 3771
3.6 Rule-makin
.
Reference Section 1.6.
Court of Limited or Special Jurisdiction
4.0 There are no trial courts of limited or special
jurisdiction in Iowa.
State-Level Administration
5.1 General administrative authority.
The Supreme
Court has the constitutional authority to exercise
supervisory and adainistrative authority over all
trial courts in the state.
The court may also
assign retired or senior judges to temporary active
duty.
The Chief Justice has the following adminis-
trative duties:
assigns judges and other court
personnel from one judicial district to another as
needed; orders conferences of members of courts on
matters relating to the administration of justice;
and appoints, with the approval of the Supreme
Court, the chief judge in each judicial district.
Reference Section 1.5.a.
(Const., Art. V, 14; Code 11602.18(9), 684.20,
'
684.25; R. Civ. P., 375, 376; Court
Administrator]
5.2 Office of the Court Administrator
a. There is no specific authorisation for the
administrative office.
b. Court Administrator of the Judicial Depart-
ment
(1) The Iowa Code, 1685.6, establishes the
position of Court Administrator of the Judicial
Department.
(2) There are no statutory qualifications
for the position of administrator.
In practice,
the court administrator is expected to he admitted
to the bar or have special training in court admin-
istration.
The Court Administrator is appointed
by the Supreme Court and serves at its pleasure.
(3) Under the direction of the Supsime
Court, the Court Administrator has the foliating
duties:
(a)
Collects and compiles statistical
and other data and makes reports to the Supreme
236
Court relating to the business transacted by the
courts.
(b)
Collects statistical and other data
and makes reports to the Supreme Court relating to
the expenditure of aonies-for the maintenance and
operation of the judicial systei.
(c)
Obtains reports from clerks of
court, judges, and magistrates in accordance with
law, or rules prescribed by the Supreme Court as
to cases and other judicial business in which
action has been delayed beyond periods of time
specified by law or such rules, and makes reports.
(d)
Examines the state of the dockets
of the courts and determines the need for assis-
tance by any courts.
(e)
Makes reports concerning the over-
loading and underloading of particular courts.
(f)
Hakes recommendations relating to
the assignment of judges where courts are in need
of assistance.
(g)
Examines the administrative methods
employed in the offices of clerks of courts, pro-
bation officers, and sheriffs, and makes recoamen-
dations regarding the improvement of same.
(h)
Formulates recommendations for-the
improvement of the judicial system.
(0
Administers funds appropriated to
the Supreme Court, District Court, Office of the
State Court Administrator, the Commission on Judi-
cial Qualifications (reference Section 7.1), the
clerk of the Supreme Court, the Board of Law Exam-
iners, and the Board of Examiners of Shorthand
Reporters.
(j)
Attends to such other matters as
may be assigned by the Chief Justice and the Su-
preme Court.
c. Office organization.
The Court Administra-
tor's staff (which includes the staff of the clerk
of the Supreme Court) consists of 22 people:
13
professionals (including the Court Administrator
of the Judicial Department) and 9 clerical person-
nel.
The office staff provides support services
in the following areas:
records management; pay-
roll, accounting, auditing, budgeting, and purchas-
ing; education; and in planning and research activ-
ities that include statistical compilation, judic-
ial planning, and legal services.
(Code 11685.6, 685.8; Court Admimistrator]
Quasi-Judicial Officers
6.1 DISTRICT COURT
6.2 Referee
a. The District Court judge presiding over the
juvenile matters is empowered to appoint referees.
Referees must be licensed attorneys.
b. Referees are authorized to hear any juvenile
proceeding in the first instance.
At the conclu-
sion of the referee's hearing a report of his find-
ings of fact are transmitted to the appointing
judge.
The parties are entitled to a rehearing
before the judge as a matter of right if they so
request within 7 days of the filing of the ref-
eree's findings.
(Code 1231.31
Judicial Discipline
7.1 Commission on Judicial Qualifications.
The
commission consists of one District Court judge and
two attorneys appointed by the Chief Justice of the
Supreme Court, and four nonattorneys appointed by
0;-
4 ,;
Figure 2:
Iowa statelevel administrative office of the4urts, 1980
Court
Administrator
of the
Judicial
Department
Statistics
and
Education
Budgeting
and
finance
Clert of
Supreme and
Appellate
Courts
Maintenance
Engineer
Secretaries
Research
and
Screening
Statistician
Training
Officer
Staff
237
0
""
the Governor and confirmed by the Senate.
[Code 1605.26)
7.2 Authority and frocedure for sanction.
Charges
before the commission ire informal.
The commission
investigates each charge and may apply to the Su-
preme Court to retire, discipline, or rOUOVO the
judge.
Any action or recommendation of the commis-
sion requires the vote of a quorum (four members)
of the commission.
All its records and proceedings
238
1
are confidential, but if the commission applies to
the Supreme Court to retire, discipline, or remove
a judge, the application and all records become
public documents.
If the commission does make such
an application, the Attorney General prosecutes the
proceedings in the Supreme Court and the judge may
defend in person and by counsel.
If the Supreme
Court finds the application should be granted in
whole or in part, it takes the appropriate action.
[Code 11605.28, 605./29, 605.30)
(..).!--
4." i , I I
i
KANSAS
Court of Last Resort
1.1 MUNI COURT.
The Supreme Court of Kansas
meats at Topeka beginning on the first Tilesday in
January and July of each year.
Special and ad-
journed terms of the court may also be held.
(Kansas Statutes Annotated (hereinafter
K.S.A.) Section 20-102]
1.2 Organisation,.
Because the court consists of
even justices and the constitution requires the
concurrence of not fewer than four justices for a
decision, panels are not authorized.
Screening
panels, however, are authorized to determine the
proper calendar on which a case should be placed.
The screening panels consist of three justices
designated by the Chief Justice.
The court has
divided the state into six sections, known as judi-
cial departments.
The departments provide a means
of exchanging information with the District Courts
on administrative matters.
A juitice is assigned
as departmental justice for each department.
(Constitution, Article III, Section 2; K.S.A.
120-318; Supreme Court Rule (hereinafter
S.C.R.), No. 7.01 (3)]
1.3 Jurisdictien
a. The Supreme Court has original jurisdiction
in proceedings in quo warranto, mandamus, and habe-
as corpus.
The Supreme Court has original and ex-
clusive jurisdiction in regard to any controversy
relating to the apportionment of representation in
the state legislature.
b. Any decision of the Court of Appeals is sub-
ject to review by the Supreme Court at its discre-
tion.
Any party, however, may appeal a Court of
Appeals decision to the Supreme Court as a matter
of right when a constitutional issue arises for the
first time as a result of the decision.
Transfers
to the Supreme Court from the Court of Appeals are
authorized when the case is not within its juris-
diction; the subject matter has significant public
interest; the case involves legal questions of
major public significance; or the caseload of the
Court of Appeels is such that expeditious adminis-
tration requires the transfer.
A direct appeal to the Supreme Court from the
District Court is required in criminal cases in
which the defendant has been convicted of a Class
A or II felony or a sentence with a maximum of life
has been imposed, and when a statute of Kansas or
of the United States has been held unconstitution-
al.
A direct appeal to the Supreme Court may be
filed as a matter of right by the prosecution from
an order dismissing a complaint, information, or
indictment, from an order arresting judgment, or
from a question reserved by the prosecution.
(Const., Art. III, 13; K.S.A. 1120-101a,
20-3016, 22-3601, 22-3602, 60-2101]
239
1.4 Justices (7)
a. Ths juetice who is senior in continuous term
of service is Chief Justice.
If two or more have
continuously served during the same period, the one
senior in age becomes Chief Justice.
He may con-
tinue in this position as long as he is on the
court or he may resign the position and remain on
the court.
b. Supreme Court justices must be at least 30
years of age, must be authorized to practice lpw
in the courts of the state and must have engaged
in the active and continuous practice of law for a
period of 10 years prior to appointment.
c. Supreme Court justices are appointed by the
Governor from a list of three qualified persons
submitted by the Supreme Court Nominating Commis-
sion (reference Table 12:
Characteristics of ju-
dicial nominating commissions).
In the event the
Governor fails to make an appointment within 60
days of the submission of the names, the Chief
Justice makes the appointment.
After serving I
year, justices are subject to a retention vote.
If retained, justices remain in office for 6-year
terms.
(Const., Art. III, 112, 5, 7; K.S.A. 120-1051
1.5 Administration
a. The Supreme Court has general administrative
authority over'ill courts in the state.
The Chief
Justice has the responsibility for executing and
implementing the administrative rules and policies
of the Supreme Court, including supervision of the
personnel and financial affairs of the court sys-
tem.
The Judicial Administrator, district admin-
istrative judges, trial court administrators, and
chief clerks assist the Chief Justice in the admin-
istration and supervision of the court system.
Reference Section 5.1 (General administrative
authority).
The Chief Juitice appoints a justice
to the Supreme Court or a judge to the Court of
Appeals when the Governor fails to do so.
b. Reference Section 5.2.b (state-level admin-
istrator). 0
c. The constitution provides for a clerk of the
Supreme Court, iebo is appointed by the court to a
2-year term.
It is desirable that the clerk
possess a college degree and experience in court
administration.
The clerk plans, organizes, and
supervises the administration of the office, in-
cluding the assignment and evaluation of personnel.
He serves as secretary to the Supreme Court Nomi-
nating Commission and the Commission on Judicial
Qualifications (reference Section 7.1) and also
processes bar admission applications and applica-
tions for court reporter certification.
(Const., Art. III, 111, 4; K.S.A. 1120-101,
20-3009; Office of Judicial Administration]
1.6 Rule-making.
Rule-making authority in Kansas
is exercised jointly by the Supreme Court and the
til
Figure 1:
Kansas court system, 1980
Class A or
11 felonies.
Life imprisonment.
Conetitutiooal issue.
SUPRENE COURT
7 justice.
Jurisdiction:
- Original jurisdiction in proceedings in quo
werranto, mandamus, and habeas corpus.
- Appeals as of right from Court of Appeals
when constitutional iseues arise for first
time ae
result of the decieion.
- Other appeals by certiorari.
COURT
APPEAL'S
7 judges
Jurisdiction:
- Appellate jurisdiction not exclusively
designated in Supreme Court.
DISTRICT COURT (29)
DISTRICT 00UNT
DISTRICT ODURT
DISTRICT COURT
70 district judges
67 associate district
74 district magistrate
Jurisdiction
judge.
judges
- Original juriedic-
Jurisdiction:
Jurisdiction:
clan In all civil
- Concurrent jurtedfc-
- Civil action. under
and criminal sat-
tion with district
45.000.
ters.
judge except in
- Misdemeanors and
- Appellate jurisdic-
class action matters
prliminary hear-
tion over Municipal
and action in quo
ings.
Court and sclmlnis-
warranto or mends-
trstive boards.
mut:.
Appeals on the record
from district magis-
trate judges in
civil cases where
record has been
msde.
Appeals de
novo In other casts.
Appeals de novo.
,
Jury trials.
MUNICIPAL COURT (369)
1 full-time, 355 part-time judges
Jurisdiction:
- Cases involving violations of city ordi-
nance..
No jury trials.
ItIndicates route of appeal.
240
r)
A; ,...,
111
Court of
laet
resort
Intermediate
appellate
court
Court of
general
jurisdiction
Court of
limited
jurisdiciton
legislature.
Rules of criminal, civil, and Munici-
pal Court procedure have been statutorily enacted,
while rules relating to the Supreme Court, Court
of Appeals, District Court, and appellate practice
have heen promulgated by the Supreme Court.
In
1963, the legislature granted the Supreme Court the
authority to supplement or amend the rules of civil
procedure.
Similar authority with respect to the
rules of criminal procedure was granted in 1970.
The Supreme Court also has administrafive authority
over all courts.
The Chief Justice is responsible
for executing and implementing the administrative
rules and policies of the Supreme Court.
[Const., Art. III, 11; K.S.A. 1120-101,
22-4601, 60-26071
Intermediate Appellate Court
2.1 COURT OF APPEALS.
Hearings before the court
sitting en banc are held in Topeka, unless other-
wise ordered.
There are no specified terms of the
Court of Appeals.
[S.C.R., No. 7.021
2.2 Organization.
The judges are authorized to sit
en baac or in 3-judge panels.
The chief judge may
sit as
member of a panel and presides over that
panel.
When he is not a panel member, he appoints
a member of the panel to preside.
Hearings are
before panels unless a majority of judges orders
an appeal or proceedings to be held en banc.
Hear-
ings before panels of the court may be held in any
county of the state.
[K.S.A. 120-3012; S.C.R., No. 7.02; Judicial
Administrator]
2.3 Jurisdiction
a. The Court of Appeals has original jurisdic-
tion as is necessary for the complete determination
of any cause on review.
b. The Court of Appeals has jurisdiction to
correct, modify, vacate, or reverse any act, order,
or judgment of a District Court.
In criminal
cases, an appeal may be taken by the defendant as
a matter of right from any judgment against him in
District Court, except no appeal may be taken by
the defendant from a conviction upon a plea of
guilty or nolo contendere (if the plea was to a
district or associate district judge), unless taken
on jurisdictional or other grounds involving the
legality of the proceedings.
As of right, provi-
sional remedies, injunctions, writs, receiverships,
and debatable questions of law may be appealed to
the Court of Appeals.
[K.S.A. 1120-3001, 22-3602, 60-2101, 60-21021
2.4 Jud es (7)
a. The chief judge is designated by and serves
at the pleasure of the Su
Court.
b. Court of Appeals ju
e
must meet the same
qualifications as Supreme C
t justices.
Refer-
ence Section 1.4.b.
c. Court of Appeals judges are selected in the
same manner as Supreme Court justices.
After serv-
ing for I year, judge.s are subject to a retention
vote.
If retained, judges serve 4-year terms.
Reference Section 1.4.c.
[K.S.A. 1120-3002, 20-3007 to 20-30111
2.5' Administration
a. The chief judge of the Court of Appeals has
the administrative authority to designate the num-
ber and composition of all Panels, make judicial
assignments, set the time and places for hearings,
establish internal operating procedures, and per-
form other administrative duties as required.
241
b. The Judicial Administrator provides the
Court of Appeals with administrative services as
directed by the Supreme Court.
Reference Section
5.2.b (state-level administrator).
c. The clerk of the Supreme Court serves also
as the clerk of the Court of Appeals and is re-
ferred to as "the clerk of the appellate courts."
Reference Section 1.5.c.
[K.S.A. 120-3015; S.r.R., No. 1.01, 1.021
2.6 Rule-makiniL.
Reference Section 1.6.
The chief
judge, after consultation with other judges of the
court, is authorized to establish internal operat-
ing procedures for the orderly handling of the
court's business and distribution of work.
[S.C.R., No. 1.021
Court of General Jurisdiction
3.1 DISTRICT COURT.
Court terms are determined by
the Supreme Court.
[S.C.R., No. 101]
3.2 Organization.
In Kansas, earti county is re-
quired to have a District Court.
The state ie
divided into 29, districts, with from 1 to 7 coun-
ties in each district.
The number of judges per
district ranges from 1
to 22.
Districts with more
than one district judge are divided into divisions.
Judges of the District Court are authorized,
with the approval of the Supreme Court, to estab-
lish specialized divisions of the court% These may
include, but are not limited to, the foll6wing:
Probate, Traffic, Juvenile, and Domestic Relations
Divisions, or sny combination thereof.
[K.S.A. 3310-202 to 4-230, 20-301, 20-4381
3.3 Jurisdiction
a. The District Court has general original
jurisdiction in all matters, both criminal and
civil, unless otherwise provided by law.
There are
three classes of judges in the District Court:
district and associate district judges have similar
authority; district magistrate judges are more
limited in their jurisdiction.
The specific juris-
diction of each class of judges is as follows:
(1) District judge.
The district judge has
the full judicial power and authoritY of
District
Court.
etc'
(2) Associat
district judge.
An associate
drstrict judge
concurrent jurisdiction, powers,
and duties wit
a district judge except he does not
have jurisdiction or cognizance of class actions
or actions in quo warranto or mandamus.
An appeal
May be taken from an order or decision of an asso-
ciate district judge in the same manner as from an
order or decision of a district judge.
,
-
(3) District magistrate judge.
A district
magistrate judge has jurisdiction to conduct trials
of misdemeanor charges and preliminary examinations
of felony charges and to hear civil cases where
the amount in controversy dois not exceed 85,000.
In the absence, disability, or disqualification of
a district judge or associate district judge, a
district magistrate judge has jurisdiction to grant
a restraining order, appoint a rece(ver, or make
any order authorized by K.S.A. 160-1607.
b. The District Court has such appellate juris-
diction as prescribed by law.
Any appeal to be
taken from an order or final decision of a district
magistrate judge is tried de novo by a district or
associate district judge, except in civil cases
where a record was made of the proceeding, in which
case the appeal is tried and determined on the
record. The decision of a Municipal Court may be
0
)
appealed by right when the accused is found guilty
of a municipal ordinance violation.
A city may
appeal the Municipal Court's decision upon ques-
tions of law.
Decisions of an administrative
board or an officer with quasi-judicial or
judicial powers may be appealed to the District
Court.
[K.S.A. 1112-4601, 20-301, 20-302, 20-302a,
20-302b, 22-3609, 60-2101; 1979 Session Laws,
Chapter 92; Judicial Administrator)
3.4 Jud ea.
(70 district judges, 67 associate dis-
trict judges, and 74 district magistrate judges).
a. There is no provision for a chief judge over
all the districts of the District Court.
The ad-
inistrative judge of each district is appointed
by the Supreme Court and serves at the pleasure of
the Supreme Court for 2-year terms.
Prior to ap-
pointing an administrative judge, the Supreme Court
solicits recommendations from the district judges.
The desires of a judge to serve are also conoid-
ered.
b. District Court judges and associate judges
must be at least 30 years old and must be autho-
rized to practice law in Kansas.
They must also be
residents.of the appropriate judicial districts and
must have practiced law for at least 5 years.
Associate judges must also be residents of the
respective counties in which they erve.
A dis-
trict magistrate judge must be a high school grad-
uate or equivalent, must be a rtsident of the
county in which he serves, and, it not a lawyer,
must be certified by the Supreme COUrt.
c. The constitution of Kansas provides for the
election of all three classes of District Court
judges unless the voters have adopted a merit se-
lection system.
In 22 districts, whenever a vacan-
cy occurs, a successor is appointed by the Governor
from nominations by a District Judicial Nominating.
Commission (reference Table 12:
Characteristics
of judicial nominating commissions).
After serving
1 year, each judge is then subject to a retention
e lection in his judicial district.
In the seven
districts that have not approved merit selection
of judges, district judges and associate district
judges are elected on partisan ballots.
Elected and retained judges serve 4 Nears.
Appointed judges serve 1 year and are then subject
to retention by the voters at the next regularly
scheduled election and every 4 years thereafter.
[Const., Art. III, 116, 7; K.S.A. 1120-329,
20-334, 20-337, 20-2901, 20-2909, 20-2912,
20-2915; Supreme Court Administrative Order No.
5, dated October 19, 1977; 1979 Annual Report,
p. 7; Judicial Administrator]
3.5 Administration
a. Whereas there is no chief judge over all the
districts of the District Court, the administrative
judge of each district has general supervisory
authority over the clerical and administrative
functions of the district.
He supervises recruit-
ment, removal, compensation, and training of non-
judicial employees of the court.
He prepares rules
and regulations governing personnel matters.
He
is responsible for preparing and submitting the
judicial budget to the county commissioners.
The
administrative judge supervises.the assignment of
cases and the fiscal affairs of the court.
He is
responsible for coordinating statistical and man-
agement information and evaluates the effectiveness
of the court's administration of justice.
The administratie judge appoints the court
4ministrator, in districts that have such an ad-
4
242
4
ministrator, wiih the approval of the other dis-
trict judges.
He appoints bailiffs, court report-
ers, secretaries, court serNices officers, and
other clerical and nonjudicIal employees as needed.
The administrative judge appoints a chief cierk of
the District Court, and in those districts composed
of more than one county, appoints a clerk in each
county.
In the absence, sickness, or disability
of a District Court judge, and if another judge has
not been assigned to the district by the depart-
mental justice, a judge pro tem may be appointed
by the administrative judge or the departmental
justice.
Such judges pro tem must be regularly
admitted members of the state bar.
The administrative judge supervises the as-
signment of cases and the fiscal affairs of the
court.
He is responsible for coordinating statis-
tical and management information and evaluates the
effectiveness of the court's administration of jus-
tice.
The administrative judge appoints committees
and represents the court in business, administra-
tive, or public relations matters.
b. The judicial personnel system provides for
trial court administrators for the districts.
Seven districts have filled the position.
It is
required that a court administrator possess a col-
lege degree in court, public, or business adminis-
tration and have previous work experience in an
admieu4svative capacity.
The administrative judge,
withsith#:approval of the other district judges,
appoints the court administrator.
His duties in-
clude the supervision and coordination of admini.s-
tredve functions and operations of the District
Court, direction of the activities of nonjudicial
'personnel, and other duties as assigned.
Reference
Section 5.2.b (state-level administrator).
c. The administrative judge, with the approval
of the majority of the other district judges in the
district, appoints a chief clerk in those districts
not having
court administrator.
In judicial
districts composed of more than one county, a clerk
is appointed in each of the counties within the
district by the administrative judge, with the ap-
proval of the majority of the other district judges
in the district.
The statute states that qualifi-
cations are as prescribed by statute, rule of Dis-
trict Court, and rule of Supreme Court.
Clerks
and other personnel have such powers, duties, and
functivs as prescribed by law, rules of the Su-
preme Court, or assigned by the administrative
judge.
Clerks are required by law to maintain an
appearance docket, a journal, and a judgment
docket.
All clerks of the court are required to
make reports to the Judicial Administrator and
furnish required information.
[K.S.A. 1120-162, 20-310a, 20-329, 20-343,
20-344, 20-345, 20-349, 60-2601; S.C.R., No.
1.03, 107; Office of Judicial Administration)
3.6 Rule-making.
Reference Section 1.6.
Each
District Court by action of a majority of its
judges may make and amend rules governing its civil
practice not inconsistent with the code of civil
procedure or Supreme Court rules.
Such local rules
must be furnished to the Supreme Court.
In addi-
tion, each District Court, by action of a majority
of the district judges and after consultation with
the associate district judges and district magi.-
trate judges, may issue such rules as necessary for
the administration of the court and the regulation
and supervision of nonjudicial personnel.
Such
rules must be consistent with applicable statutes
and rules of the Supreme Court.
(1E4S.A. 1120-342, 60-267, 60-2702(a); S.C.R.,
No. 103)
Court of Liaited or Special Jurisdiction
4.1 MUNICIPAL COURT.
Municipal Court is held at
uch times as designated by city ordinance.
[K.S.A. 112-4109)
4.2 Organization.
Municipal Court is held at such
places as designated by city ordinance.
Provision
is made for first class cities with populations of
100,000 or more to have a total of three divisions.
[K.S.A. 5f12-4109, 13-628a)
4.3 Jurisdiction
a. The Manicipal Court of each city has juris-
diction to hear and determine cases involving vio-
lations of city ordinances and trials without
juries.
Search warrants may not be issued by Mu-
nicipal Court judges.
b. The Municipal Court has no appellate juris-
diction.
[K.S.A. 112-4104)
4.4 Judges (356).
There is only 1 full-time judge.
Several cities have more than one part-time judge
and several judges serve more than one city.
a. The individual Municipal Courts do not have
-presidia: judos.
b. Municipal Court judges must be 18 years old.
In first class cities, they must also be attorneys,
admitted to practice in Kansas.
In all but first
class cities with a mayor/council government, the
tatutes require the judge to be a resident of the
state.
c. There are statutory provisions'relating to
selection procedures for Municipal Court judges.
Cities enjoy constitutional home rule power, how-
ever, which permits them to modify state statutes
that are not uniformly applicable.
In most cities,
the judge is appointed by the mayor with the ap-
proval of the legislative body.
Judges in cities
with a population of 60,000 or more are appointed
for 2-year terms or until a successor is appointed
and qualified.
Judges appointed in first class
cities with
population less than 60,000, or in
second class cities with a commission government
have terms set by ordinance.
Judges in second
class cities with a mayor/council government and
in third class cities are appointed for 1-year
terms.
[Const., Art. XII, 15; K.S.A. ff12-4105,
13-2102, 13-527, 13-628a, 13-628b, 14-201,
14-204, 14-205, 14-1501, 14-1502, 14-1601,
15-204, 15-209; Judicial Administrator)
4.5 Administration
a. There are no provisions for presiding judges
for the individual Municipal Courts.
The sanicipal
judges are required to maintain a docket to show
the full proceedings in each case.
In cities with-
out clerks, the judges are responsible for clerical
and financial details.
b. There are no provisions for administrators
for the individual Municipal Courts.
Reference
Section 5.2.b (state7level administrator).
c. In cities providing for the office of clerk,
the clerks are appointed by the Municipal Court
judges.
In practice, the clerks are responsible
for overseeing the court's clerical functions.
There are wide variances in their autonomy and
independence in other matters (e.g., preparing
budgets, personnel matters).
There are no formal
provisions for assigning administrative duties to
the clerks.
243
[K.S.A. ff12-4106, 12-4108; Judicial Adainis-
trator)
4.6 Rule-makin
.
If no procedure is provided by
tatut, the court is authoriied to proceed in any
lawful manner.
[K.S.A. 112-4103)
State-Level Administration
5.1 General administrative authority.
The Supreme
Court has general administrative authority over all
courts in the state.
a. Chief Justice. -The Chief Justice is the
spokesman for the Supreme Court and exercises the
court's general administrative aUthority over all
the courts.
Reference Section 1.5.a.
b. Departmental justices.
Under the provisions
of the Judicial Department Reform Act of 1965, the
Supreme Court divided the state into six sections,
known as judicial departments.
Specifio depart-
mental divisions are contained in S.C.R., No.
1.03(f); K.S.A. 160-2701(a).
A justice of the
Supreme Court is assigned as departmental justice
for each department.
Departmental justices are
responsible for administrative activities within
their departments.
They assign judges between
districts and meet periodically with their judges
to deal with administrative matters.
[Const., Art. III, fl; K.S.k 5520-101,
20-318; Judicial Administrator)
5.2 Office of Judicial Administration
a. The Office of Judicial Administration is
inferred by the statute creating the position of
Judicial Administrator.
b. Judicial Administrator
(1) The Kansas statutes authorize t e ap-
pointment of the Judicial Administrator.
(2) The Judicial Administrator m st be ad-
mitted to the practice of law in Kansas,- must have
a broad knowledge of judicial administration, and
must have substantial prior experience in an admin-
istrative capacity.
The Judicial Administrator is
appointed by the Chief Justice.
(3) The Judicial Administrator is respon-
sible to the Supreme Court and implements the pol-
icies of the court with respect to the operation
and administration of the courts, under the super-
vision of the Chief Justice.
He assists the Su-
preme Court in fiscal management and the assignment
of judges, and coordinates educational programs for
all court personnel.
He studies the administrative
and clerical methods of the District Court, ex-
amines their dockets, collects statistics, approves
vouchers drawn on appropriations, and recoamends
appropriations for District Court operations that
are paid by the state.
c. Office organization.
The Office of Judicial
Administration consists of 25 people:
12 profes-
sionals (including the Judicial Administrator) and
13 clerical personnel.
The professional staff
provides support services in the following areas:
systems analysis, records management, and forms
development; probation coordination, court
coordination, and other court ervices; payroll,
accounting, budgeting, and purchasing; education;
personnel systems and office management; legisla-
tive, executive, public, and media information,
legislative liaison, and executive liaison; and
planning and research activities including tatis-
tical compilation, research, evaluation, statisti-
cal analysis, legal services, and legislative
drafting.
Under the supervision of the Chief Jug-.
go
Assistant
Judicial
Seal
Figure 2:
Kansas state-level administrative office of the courts, 1980
i
Judicial
Adedni s
Personnel
Training
Technician
dulaistrative
Secretary
Cenci
Services
Specialist
TAal
Court
Specialist
S
Information
Officer
111 111=LEr
Secretary
I
S
Clerk
Director
of
Op aaaaa ono
Persosnel
Officer
Personnel
Technician
P
Clerk II
Personnel
Technician
Personnel
Clerk 502
i
Fiscal
Officer
Chief
Accountant
- -
Storekeeper
Accounting
Technician
_
-
Systems
Analyst
Clerk
502
Accounting
Clerk
-
tice, office employees are appointed by the Judi-
cial Administrator.
(K.S.A. II20-101, 20-31S, 20-2205. 1.C.1., No.
1.03(c); 1979 Session Laws, Ch. 81
Office of
Judicial Administration)
Quasi-Judicial Officers
6.0 There are no quasi-judicial officers in the
courts of Kansas.
Judicial Discipline
7.1 Commission on Judicial Qualifications.
The
commission consists of nine members including four
,active or retired judges, two nonlawyers, and three
lawyers, all are appointed by the Supreme Court.
(S.C.R., No. 602)
245
7.2 Authority and procedure for sanction.
The color
mission initiates a preliminary investigation upon
receiving a complaint of judicial misconduct.
The
judge is advised of the investigation and may pre-
sent information to the commission.
If the inves-
tigation finds cause, the commission convenes a
formal hearing.
Supreme Court rules specify rights
of the judge and procedures to be followed.
If the
commission finds the charges proven, it recommends
to the Supreme Court the discipline, suspension,
removal, or compulsory retirement of the judge.
All commission proceedings and records are confi-
dential until disclosed by the commission or are
part of a formal hearing open to the public.
After
review of the matter, the Supreme Court may take
such action as it deems appropriate.
(8.C.1., No. 602 to No. 625; Judicial
Administrator)
Figure 1:
Kentucky court system, 1980
en.mmommp
Death
sentence or
imprisonment for
over 20 years.
SUPREME COURT
7 justices
Jurisdiction:
- Direct appeals on judgment of death, life
imprisonment, or imprisonment for over 20
yesrs.
- Motions to transfer from Court of Appeals
for causes of great snd immediate
importance.
- Discretionary review of Court of Appeals
decisions.
COURT OF APPEALS
14 judge.
Jurisdiction:
- Appeals se a matter of right on judgments
of the Circuit Court.
- Review of administrative agency decisions.
CIRCUIT COURT (56)
91 judges
Jurisdiction:
la
- All justiciable cases not vested in SOW
other court.
- Civil actions over $1,500.
Equity =titre.
- Felony and capital cases.
Appeals on the record.
Jury trials.
DISTRICT COURT (56)
123 judges
DISTRICT COUR'
SMALL CLAIMS DIVISION
Juriscliction:
Jurisdiction:
- Exclusive jurisdiction in civil cases in-
Small claims under
volving $1,500 or less, provided the case
does not involve equity or title to real
$1,000.
state.
Small claims up to $1,000.
Uncon-
tested probate matters within the xclu-
sive jurisdiction of the District Court.
.
- Exclusive jurisdiction in misdemeanor
cases facet, where the charge im joined
with an indictment for
felony.
Ordin-
ance violations and preliminary hearings.
- Juvenile matters.
- Authorized to adjudicate local administra-
tive cases.
Jury triads.
ltIndicates route of appeal.
246
A-
,
1,
last
rsOrt
InterMediete
appellate
court
iCourt of
general
jurisdiction
Court of
limited
jurisdiction
KENTUCKY
Court of Last Resort
1.1 SUPREME COURT.
The Supreme Court sits at
Frankfort, the state capital, for one term each
year commencing on the first juridical day of Jan-
uary and ending on the last juridical day of De-
cember.
(Rules of the Supreme Court (hereinafter
S.C.R.) 1.0201
1.2 Organization.
The Supreme Court does not sit
in panels.
There are seven districts for election
purposes.
(Constitution SectiOns 110, 1171
1.3 Jurisdiction
a. The Supreme Court has no original jurisdic-
tion other than the power to issue all writs neces-
sary is the aid of its appellate jurisdiction or
the complete determination of any cause, or as may
be required to exercise control.of the entire court
system.
b. The constitution provides that appeals from
Circuit Court judgments imposing a sentence of
death or imprisonment for 20 or more years shall
be taken directly to the Supreme Court.
The extent
of its remaining appellate jurisdiction is deter-
mined by court rule.
(Const. 6110)
1.4 Justices (7)
a. The Chief Justice is elected to a
term by peer vote.
b. Supreme Court justices must be Un
ates
citizens, must have been residents of Ken
and
the districts from which they are elected
or at
least 2 years.
Justices must also haye been li-
censed attorneys for at least 8 years before
election.
c. Supreme Court justices are elected to 8-year
terms from their respective districts on nonparti-
san ballots.
If a vacancy occurs, the Judicial
Nominating Commission (reference Table 12:
Char-
acteristics of judicial nominating commissions) sub-
mits a list of three names to the Governor.
If he
fails to make an appointment within 60 days, the
appointment is made from the same list by the Chief
Justice.
Appointees serve until the next general
election, unless their appointment is made within
3 months thereof.
In that case, they serve until
the second succeeding general election.
(Const. 11110, 117, 118, 122, 152; Kentucky
Revised Statutes (hereinafter K.R.S.) Section
34.0301
1.5 Administration
a. The power of general supervision of the
court system is vested in the Chief Justice.
He
exercises administration and supervison over the
entire court system through the Director of the Ad-
ministrative Office, chief judges, regional admin-
istrative ludges, and administrative assistants.
Referenc Section 5.1 (General administrative
Iauthority).
In regard
o the Supreme Court, the
Chief Justice signs orders of the court and ap-
points administrative assistants.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The clerk of the Supreme Court is appointed
by
the court.
He is responsible for maintaining
court records and supervising deputies in that
function.
(Const. 61110, 114; K.R.S
662.1A.030, 27A.050;
S.C.R. 1.020; Director of the Administrative
Office of the Courts)
1.6 Rule-making.
The Supreme Court has the power
to prescribe rules governing i
s appellate juris-
diction, rules for the appointment
ommissionors
and other court personnel, and rules of practice
and procedure for the court system.
The policy-
making and administrative authority of the court
system is vested in the Supreme Court and the Chief
Justice.
(Const. 6116; S.C.R.-1.0101
Intermediate Appellate Court
2.1 COURT OF APPEALS.
Panels of the court sit at
various locations injhe state prescribed by the
court.
The court also determines when the panels
sit.
(Const. 6111)
2.2 Organization.
Statewide uniform jurisdiction
is exercised by the Court of Appeals.
The 14-judge
court is divided by the chief judge into panels of
not less than three judges.
Decisions are by ma-
jority vote.
(Const. 6111)
2.3 Jurisdiction
a. The Court of Appeals may issue all writs
necessary in aid of its appellate jurisdiction or
in'aid of the complete determination of any cause
within its appellate jurisdiction.
b. The constitution specifies that the court's
appellate jurisdiction shall be as provided by law.
An appeal may be taken as a matter of right to the
Court of Appeals from aft conviction, final judg-
ment, order, or decree a the Circuit Court, unless
such actions were rendered on an appeal from the
District Court.
An appeal may be taken to the
Court of Appeals by the state in criminal cases
from an adverse decision or ruling of the Circuit
Court, but only under certain circumstances as
specified in the statutes and court rules.
No re-
view by appeal or by writ of certiorari is permit-
ted from a Circuit Court order dissolving a our-
riage.
The Court of Appeals may review interlocu-
tory orders of the Circuit Court in civil cases,
but only as authorized by Supreme Court rules.
Authorization has been granted and procedures
established by the Supreme Court.
(Const. 6111; K.R.S. 622A.020; S.C.R. 65.07)
247
2.4 Judges (14)
a. The chief judge is elected to a 4-year term
by peer vote.
b. Court of Appeals judges must meet the same
qualifications as Supreme Court ustices.
Refer-
ence Section 1.4.b.
c. Court of Appeals judges are elected in the
same manner and for the same term as Supreme Court
justices.
Reference Section 1.4.c.
[Const. 1111]
2.5 Administration
a. The chief judge exercises such authority and
performs such duties in the administration of the
court as prescribed by the constitution or the Su-
preme Court.
The chief judge assigns case: to the
panels and determines the times and places for
holding hearings.
He also assigns judges to the
panels.
Their assignment@ are rotated in such a
manner that over the course of each year each judge
sits with each of the other judges, other than the
chief judge, with substantially the same frequency.
Other than the chief judge, all judges are assigned
to sit in each appellate district with substantial-
ly the same frequency as each of the other judges.
The chief judge designate@ presiding judges for
each panel.
If a proposed panel decision is in
conflict with another panel's decision on the
subject, the chief judge may reassign the case
the entire court.
The chief judge appo
judge pro tem to serve during his abse
b. There are no provisions for an&
for the Court of Appeals.
Reference
(state-level administrator).
c. At present the clerk of the Supreme Court
serves as clerk of the Court of Appeals.
Reference
Section 1.5.c.
He is appointed by the court and
serves at its pleasure.
He appoi4s assistants in
the number and at the salaries fixed by the Supreme
Court.
[Const. 1111, 114; K.R.S. 122A.040; S.C.R.
1.030; Director of the Administrative Office
of the Courts]
2.6 Rule-making.
Procedural rule-making authority
is vested in the Supreme Court.
Certain adminis-
trative rules for the Court of Appeal@ have been
promulgated by the Supreme Court.
These rules ad-
-
dress such matters as nonjudicial personnel ap-
pointments, case assignments, and judge rotation-
among others.
[Const. 1116; S.C.R. 1.0301
-
Court of General Jurisdiction
3.1 CIRCUIT COURT.
The court sits in continuous
session.
[K.R.S. 123A.010]
3.2 Organization.
Each of the state's 56 judicial
circuits contains from 1 to 4 of the state's 120
counties.
Circuit boundaries must follow county
lines.
Court must be held in each county of the
circuit.
There are no specialized divisions of the
court.
[Const. 1112; K.R.S. 123A.0201
3.3 Jurisdiction
a. The Circuit Court has original jurisdiction
in all justiciable causes not exclusively vested
in some other court.
b. The Circuit Court has appellate jurisdiction
over District Court decisions.
[K.R.S. 1123A.010, 23A.0150]
3.4 Judges (91).
The specific number of judges in
each circuit is authorized by the legislature upon
248
certification of the necessity by the Supreme
Court.
a. There is no provision for a chief judge over
all the circuits of the Circuit Court.
Chief judges
of multi-judge Circuit Courts are chosen by peer
vote and serve 2-year terms.
Circuit Court judges
in 10 administrative regions select an administra-
tive judge for each region.
b. Circuit Court judges must be United States
citizens, must be members of the Kentucky Bar, must
have been residents of Kentucky and the districts
from which elected for at least 2 years, and must
possess 8 years of experience as attorneys.
c. Circuit. Court pdges are elected in the same
manner and for the same term as Supreme Court jus-
tices.
Reference Section 1.4.c.
[Const. 55112, 117 to 119, 1221
3.5 Administration
a. Whereas there is no provision for a chief
judge over all the circuits of the Circuit Court,
there are chief judges for the individual courts.
Duties of the chief judges of the multi-judge Cir-
cuit Courts are prescribed by the Supreme Court.
The chief judges prepare local court rules, as
deemed necessary, with the assistance of appropri-
mmittees.
Tentative approval of such rules
n solicited from a majority of the circuit
rior to their submission to the local bar
deration and recommendation.
The circuit
n recommend the rules to the Supreme
rt f r its review and final approval.
The chief
dges also perform the following duties:
(1) Assign the business of the court and
publish for general distribution copies of,a cur-
rent court calendar setting forth the assignments
of the judges, the times and places assigned for
hearing the various types of court business, and
any special calendaring requirements adopted by the
court for such hearings.
(2) Reassign cases from one judge to another
as necessary.
(3) Call meetings of judges as necessary.
(4) Supervise the administrative business
of the courts and exercise general direction and
supervision over the courts
nonjudicial personnel.
'.
(5) Provide for proper liaison between the
courts and other governmental and civil agencies.
(6) When appropriate, meet with any commit-
tee of the bench, bar, and news media to review
problems and to promote understanding of the prin-
ciples of fair trial and free press.
(7) Provide orientation programs for newly
elected or appointed judges.
(8) Regulate the assignment of cases to the
judges on a random basis.
The chief judges of the Circuit Courts also
develop and coordinate with the Circuit Court
clerks and the chief judges of the districts a
local plan for jury management.
They chair the
advisory board for the pretrial services agency and
submit improvement recommendation@ as appropriate.
The 10 regional administrative judges super-
vise the regional administrative activities and
exercise the judicial assignment authority delegat-
ed to them by the Chief Justice.
Each administra-
tive judge is assisted by a regional coordinator
who is based in the state capital.
The coordina-
tors advise the administrative judges on judicial
transfers required due to case overloads and dis-
qualifications.
The coordinators also promote, at
the direction of the administrative judges, the
standardization of procedures in each of the re-
or.,.
4' k-0
gions' courts through regular meetings of the re-
gions' judges.
b. There are no provisions for an administrator
over all the circuits of the Circuit
Court, or for
administrators for the individual circuits. Refer-
ence Section 5.2.b (state-level administratoxie
c. Circuit Court clerks ate authorized by the
constitution to serve both the Circuit and District
Courts.
The clerks are elected to 6-year terns and
can be removed fros office
by the Supreme Court for
good caUse.
They can issue driver's licenses and
passports.
[Const. SS97, 112, 114; S..C.R. 1.040; Director
of the Administrative Office of the Courts]
3.6 Rule-eakins.
Rule-Isaking authority is vested
in the Supreme Court.
Circuit Courts may adopt
local rules, however, that are consistent with the
Rules of Criminal and Civil Procedure and the Rules
of the Supreme Court.
Such rules are prepared by
each chief judge with the assistance of appropriate
committees of the court.
Recommendations are so-
licited from the local bar.
Upon approval by a
majority of the court's judges, the rules are sub-
mitted to the Supreme Court for review and
final
approval prior to publication.
These same proce-
dures are also applicable to the District Courts.
[Const. S116; S.C.R. 1.040)
Court of Limited or Special Jurisdiction
4.1 DISTRICT COURT.
The District Court is classi-
fied as a court of continuous session.
Sessions of
the court can be scheduled at such times,
including
nishts, weekends, and holidays, as may be conve-
nient subject to the direction of the Supreme
Court.
[K.R.S. S24A.010)
4.2 Organization.
There are 56 judicial districts,
whose boundaries are the same as those of the ju-
dicial circuits.
The General Assembly can reduce,
increase, or rearrange the districts upon the cer-
tification of such necessity by the Supreme Court.
Each district must have at least one judge and
court must be held in each county of the district.
The chief judge can assign a district Judge exclu-
sively to juvenile cases for a period not to exceed
2 years.
At that time, the judge must be assigned
to other cases.
Cases arising in all other juris-
dictional categories must be equally apportioned
among the district judges.
Each District Court has
a Small Claims Division.
[Const. S113; K.R.S. SS24A.030, 24A.220; S.C.R.
1.040)
4.3 Jurisdiction
a. The District Court has exclusive
jurisdic-
tion in any charge or public offense known as a
misdemeanor or violation, except where the charge
is joined with an indictment for a felony.
The
court has concurrent jurisdiction with
the Circuit
Court to conduct preliminary exaninations in
felony
cases.
They may also, upon motion and good cause
shown, reduce a charge of a felony to a misdemeanor
in accordance with the Rules of Criminal
Procedure.
The District Court has exclusive jurisdiction in
civil cases involving $1,500 or less, provided
the
case does not involve equity or title to
real
estate.
Each court has a Small Claims Division
with jurisdiction up to $1,000.
Noncontested pro-
bete matters are within the exclusive jurisdiction
of the District Court.
All cases relating to mi-
nors are within the exclusive
jurisdiction of the
District Court.
b. The District Court has no appellate juris-
diction.
[K.R.S. SS24A.110, 24A.120, S24A.130; Director
of the Administrative Office of the Courts)
4.4 Judges (123).
The number of District Court
judges is authorized by the General Assembly upon
certification by the Supreme Court.
a. Chief judges are chosen by peer vote
and
serve 2-year terms.
b. District Court judges must be United States
citizens, must be members of the Kentucky Bar, and
must have been residents of Kentucky and the dis-
trict from which elected for at least 2 years.
In
addition, judges are required to have served as
attorneys for at least 2 years.
c. District Court judges are elected to 4-year
terms in the same manner as Supreme Court justices.
Reference Section 1.4.c.
[Const. SS111 to 113, 117 to 119, 122)
4.5 Administration
a. Duties of the chief judges sre the same as
those for Circuit Court judges.
Reference Section
3.5.a.
b. There are no provisions for administrators
for the District Court.
Reference Section 5.2.b
(state-level administrator).
c. Clerks of the Circuit Court also serve as
clerks of the District Court.
Reference Section
3.5.c.
[Const. S114; K.R.S. S30A.0101
4.6 Rule-making.
Reference Section 3.6.
State-Level Administration
5.1 General administrative authority.
The power
of general supervision over the court system is
vested in the Chief Justice.
The Chief Justice can
assign temporarily any justice or judge, aCtive or
retired, td sit in any court other than the Supreme
Court when he deems such assignment necessary for
the prompt disposition of causes.
His assignment
authority over nonjudicial personnel is similar.
The Chief Justice is responsible for the financial
affairs, the continuing education programs, and the
planning and operations research of the courts.
Supervision of the administrative staff of the
court system is performed by the Chief Justice.
He may delegate the authoilty to the Director of
the Administrative Office of the Courts.
The Chief
Justice may designate judges or committees of
judges to assist him, as necessary.
Reference
Section 1.5.a.
[Const. S110; K.R.S. SS27A.020, 30A.010)
5.2 Administrative Office of the Courts
a. The office is established by statute.
b. Administrative Director of the Courts
(1) Statutes formally establish the position
of Director.
(2) The Administrative Director of the
Courts ieappointed or reappointed at least every
4 years by the Chief Justice with the advice and
consent of the Senate.
Court policy requires that
the Director be a lawyer with at least 8 years of
experience and be at least 35 years of age.
The
Director must also possess prior admintstr
experience in the courts and legal profession.
(3) The Administrative Director of the
Courts has the following duties:
(a) Performs administrative services
for the court system and supervises its clerical
and administrative personnel, and its accommoda-
tions.
249
(
4.,
Figure 2:
Kentucky state-level administrative office of the courts, 1980
I.egel
Counsel
Director
Secretarial
Services
Public
Information
1
_
farvicma
Cleft
Se-micas-
Division f
Division of
Regional
Lnformation/
Statistics
Dots
(A.D.C.)
I.:vision of
Sducation
(Jefferson
County)
1:
eta Processing
(Payette
County)
Division of
Auditing
Division of
Administrative
Services
Division of
Pretrial
Services
Lau
Library
250
Personnel
Accounting/
Purchasing
Scrtarial
Support
(b) Acts as fiscal officer of the court
system.
(c) Collects data and makes reports to
the Supreme Court relating io the expenditure of
public onies for the courts' operation and main-
tenance.
(d) Ascertains the necessity for tem-
porary assignment of justices and judges, makes
reports concerning their performance, and certifies
their qmspensation.
(e) Carries on a continuous survey and
study of the organization, operation, and condition
of business, practice, and procedures of the sys-
tem.
(f) Collects and compiles statistical
and other data concerning the operations of the
court, and requires all necessary reports from the
courts and clerks.
(g) Formulates and submits to the Su-
preme Court recommendations of policies for the
system's improvement.
(h) Provides for educational programs
for the system's members.
(i) Reports to the General Assembly
concerning the work of the system and makes recom-
mendations for the improvement of the administra-
tion of justice.
(j) Supervises, operates, and adminis-
ters all pretrial release programs and personnel.
(k) Performs such other functions as
may be assigned by the Chief Justice.
c. Office organization.
The Administrative
Cffice of Courts corsists of 92.5 people:
51.5
professionals (intruding the Administrative Direc-
tor of the Courts) and 41 clerical personnel.
The
professional staff provides support services in the
following areas:
systems analysis, programming,
computer operations, records management, forms
de-
velopment, and field representation; court coor-
dination, pretrial services, and facilities manage
ment; payroll, accounting, auditing, budgeting, and
purchasing; education, training, libraries, and
publication; personnel systems, office management
and personnel records; legislative,,executive, pub-
lic, and media information, and legislative liai-
son; and planning and research activities including
statistical compilation, research, evaluation,
statistical anslysis, legal services, legislative
drafting and regional planning.
The office was statutorily created to serve as
the staff for the Chief Justice in executing the
policiei and programs of the court system.
The
office I. composed of 7 diviiions:
Regional Ser-
vices, Clerk Services, Administrative Services,
Education, Pretrial Service's, Internal Audit, and
the State Law Library.
The Division of Clerk Ser-
vices has the responsibility for records and court
management.
The Division of Administrative Ser-
vices supervises the judicial personnel system and
I. also responsible for all budgetary and fiscal
matters.
The Division of Regional Services has re-
ponsibility for regional administration, collec-
tion of statistical data, and data processing.
The
Division of Pretrial Services supervises a state-
wide pretrial release program.
The Education Divi-
sion provides continuing education programs for
the
courts' judges and clerks.
The Internal Audit Di-
vision conducts ongoing audit services within the
court system, including all clerks' offices, and
indepth audit reviews where determined to be
necessary and appropriate.
The State Law Library
maintains and distributes library materials and
periodicals for the courts and provides technical
assistance to local law libraries.
(K.R.S. SS27A.020, 27A.050; S.C.R. 1.050;
State Court Administrators, p. 50; 1977 Annual
Report, p. 57; Director of the Administrative
Office of the Courts)
Quasi-Judicial Officers
6.1.1 CIRCUIT COURT
6.2.1 Master commissioner, domestic relations com-
missioner, special commissioner, and receiver.
a. The circuit judges of the commonwealth are
assisted in their duties by master commissioners,
domestic relations commissioners, special commis-
sioners, and receivers.
All such officers must be
qualified as attorneys.
The Circuit Court may ap-
point one master commissioner and one receiver for
each county.
Additional commissioners and receiv-
ers must be approved by the Chief Justice.
b. The order of reference to a commissioner may
specify or limit his powers.
He can administer
oaths and can require the production of evidence.
The admissability of evidence can also be ruled
upon by the commissioner.
The commissioner's re-
port is filed with the court clerk.
Parties have
10 days to file objections.
The court after hear-
ing may adopt, modify, or reject the report in part
or whole, or may receive further evidence, or may
recommit it with instructions.
[K.R.S. S31A.010; Rules of Civil Procedure 53,
53.04, 53.05, 53.06; Director of the
Administrative Office of the Courts]
6.1.2 DISTRICT COURT
6.2.2 Trial commissioner
a. The constitution provides that district
judges are to be assisted by trial commissioners.
In any county in which no district judge resides
the chief district judge appoints a trial commis-
sioner /ho must be a county resident and an attor-
ney, ifrone is qualified and available.
Other
commissioners can be appointed upon the certifica-
tion of such necessity by the Supreme Court.
b. The duties and powers of the commissioners
are prescribed by the Supreme Court.
They can is-
sue search warrants and warrants of arrest.
They
may examine any charge and commit the
defendant to
jail or hold him to bail wother form of pretrial
release.
If a guilty plea for any offense punish-
able only by fine of $500 or less is offeetd, the
commissioner can accept it and impose sentence.
In juvenile cases, the commissioner can perform the
following duties:
(I) Iiar and determine if shildren in cum-
,-dylshoufd he held in detention..
(2) ConduC-t preliminary inquIrles, informal-
ly adjust juvenile cases, and cause juvenile peti-
tions to be-broulibt.
(3) Order physical and mental examinations
of children.
(4) Issue orders for the temporary custody
of children whose welfare is threatened under emer-
gency conditions.
In probate matters, the commissioner can
admit to record or reject any will, can appoint
executors and administrators of wills and estates,
and can fix and approve bonds as required.
In civ-
il proceedings, he can authorize orders of attach-
ment and garnishment and writs of possession.
He
251
'
, ,
may also conduct judicial sales if so authorized
by the chief judge of ths district.
Writs of for-
cible entry and detainer and warrants of restitu-
tion can aleo be issued by a commissioner.
He may
issue orders of involuntary hospitalization of the
mentally ill for periods not exceeding 7 days.
Finally, he can compel the attendance of witnesses
and the production of evidence.
The chief district
judge can temporarily assign a commissioner to an-
other county within the district.
Commissioners
are subject to the retirement and removal author-
ity of the Judicial Retirement and Removal Commis-
sion.
(Const. 1113; S.C.R. 51
Judicial Discipline
7.1 Judicial Retirement and Removal Commission.
The commisrion is composed of a Court of Appeals
judge, selected by that court; one Circuit Court
judge and one District Court judge, selected by a
majority vote of the judges of those courts, re-
spectively; one member of the bar, appointed by its
governing body; and two persons, not members of the
bar or bench, appointed by the Governor.
(Const. 11211
7.2 Authority and procedure for sanction.
Any jus-
tice or judge of the court of justice can be re-
tired for disability or suspended without pay or
removed for good cause by the commission.
Such ac-
tions ere subject to judicial review by the Supreme
Court.
Upon its own motion or upon receiving a
252
written verified complaint, the commission makes a
preliminary investigation to determine whether
formal proceedings should be initiated.
Notice of
the investigation is given to the judge, but he is
not yet informed of the name of the complainant.
The judge can appear informally at the preliminary
investigation.
If the commission concludes that
formal proceedings are necessary, the judge and his
counsel are so notified.
They are also told the
name of the complainant and are given an opportun-
ity to examine all factual information before the
commission.
The judge has 15 days to file an an-
swer.
Formal hearings require the attendance of
at least five of the commission's six members.
Disciplinary action requires a minimum of four
votes.
All matters relating to commission proceed-
ings are confidential unless ordered otherwise by
the Supreme Court or the commission.
Upon the re-
quest of the judge being investigated, the record
can also be made public.
Breach of confidentiality
by an Investigator or commission member is deemed
contempt of court and grounds for removal of a com-
missioner.
In general, the Rules of Civil Proce-
dure apply to commission proceedings except that
proof is by clear and convincing evidence.
Final
orders of the commission can be appealed to the
Supreme Court.
Notice thereof must be filed within
10 days.
The Supreme Court has the power to af-
firm, modify, or set aside in whole or in part the
order of the commission or to remand the action to
the commission for further proceedings.
(Const. 1121;
K.R.S. S34.330; S.C.R. 4.000 to
4.3001
LOUISIANA
Court of Last Resort
1.1 SUPRIMI COURT.
Sessions of the court are held
at New Orleans.
Dates and hour. of court sessions
are determined by the court and noted on the calen-
dar of hearings.
[Supreme Court lule (hereinafter S.C.R.) IV]
1.2 Organisation.
The state is divided into six
Supreme Court districts for election purposes.
Rath district elects one justice, except for one
district that elects two.
The court does not sit
in panell,or divisions.
[CodPitution Article 5, Section 4; Title 13
Louisiana Statutes Annotated--Revised Statutes
(hereinafter L.R.S.A. preceded by title
number), 11011
1.3 Jurisdiction
a. The Suprema Court has exclusive original
jurisdiction in disciplinary proceedings against
meubers of the bar.
1
b. A case is directly appealable to the Supreme
Court if a law or ordinance has been declared un-
constitutional, or if a defendant has been convic-
ted of a felony, or if a fine exceeding $500 or
imprisonment exceeding 6 months has actually been
imposed.
In criminal matters, the court's juris-
diction extends only to questions of law.
The
court has appellate jurisdiction over all
issues
involved in a civil action properly before it, and
in those cases its jurisdiction extends to both law
and facts.
In general, civil matters from the
trial courts are appealed to the intermediate ap-)/
pellate court.
Further eee iqw by the Supreme Cou'rt
is at its discretion.
Each justice of the court
has the power to issue extraordinary writs subject
to review by the whole court.
The intermediate
appellate court may certify any question of law
before it to the Supreme Court.
That court may
then give its binding instruction or decide the
case upon the whole record.
[Const., Art. 5, 112, 5, 10, 11; S.C.L. X]
1.4 Justices (7)
a. The justice most senior in service
is desig-
nated the Chief Justice.
He remains in this role
as long as he serves on the court.
b. Supreme Court justices must have been admit-
ted to the state bar for at least 5 years prior to
election.
All justices and judges must have lived
in their respective districts, circuits, or
parishes for 2 years preceding their election.
c. Supreme Court'justicem are elected to 10-
year terms in nonpartilan elections.
Vacancies are
filled by special election called by the Governor
and held within 6 months.
Pending the election,
the vacancy is filled by Supreme Court appointment.
Such appointees are ineligible for election to fill
the vacaecy.
[Const., Art. 5, 113, 6, 22, 24; National
Survey of Court Organization, p. 147; Judicial
Administrated
253
1.5 Administration
a. The Supreme Court has general
supervisory
jurisdiction over all courts in the state.
It
exercises administration and supervision over the
entire court system through the Chief Justice, who
is the chief administrative officer of the state
judicial system; the chief judges of the Court of
Appeal; the chief judges of the District Court; and
the presiding judges of the Juvenile Court,
Family
Court, and City Court.
Reference Section 5.1 (Gen-
eral administrative authority).
The Chief Justice,
however, has no specifically articulated duties
with regard to the administration of the Supreme
Court.
b. Reference Section 5.2.b (state-level
administrator).
c. One clerk and one deputy clerk are
appointed
by and serve at the pleasure of the court.
There
are no formal provisions for assigning adminitra-f
tive duties to the clerk.
He supervises his own
office personnel and has responsibilities as deter-
mined by the court.
[Const., Art. 5, 115, 6, 7; 13 L.R.S.A. 1121;
Judicial Administrator]
1.6 Rule-uakin .
The court is constitutionally
empowered to establish procedural rules for the
entire court system provided they do not conflict
with law.
The Supreme Court also has the authority
to establish administrative rules that do not con-
flict with law.
[Const., Art. 5, 15]
Intermediate Appellate Court
2.1 COURT OF APPIAL.
The court sits in Baton
Rouge, Shreveport, Lake Charles, and New Orleans
for a term coterminous with the calendar year.
[13 L.R.S.A. 11312, 312.1; Judicial Administra-
tor]
2.2 Organization.
The state is divided into four
circuits with a court in each circuit.
Rath C4r-
cuit is divided into at least three districts,seith
at least one judge elected from each district.
Panels of at least three judges are constitutional-
ly mandated.
Rath court ordinarily sits in rotat-
ing panels composed of three judges as may be di-
rected by the chief judge.
In exceptional cameo
or when deemed necessary or expedient by the
judges, the court may sit in panels of more than
three jqdges or en banc.
To modify or eeeee se a
District Court judgment, the vote of a 3-judge
panel must be unanimous.
(Generally a majority
voce of the panel is sufficient.)
If one judge
dissents, the ease must be reargued before a panel
of at least five judges.
[Const., Art. 5, 118, 9; Uniform Rules:
Court
of Appeal (hereinafter U.R.C.A.), V]
2.3 Jurisdiction
a. Court of Appeal judges may issue extraordi-
nary writs subject to
w by the other judges of
f)
v
4..
sliummumv
Figure 1:
Louisiana court system, 1980
Criminal
SUPRRIC COURT
7 justice.
Jurisdiction
- Appeals in criminal cases with fine. greater than $500,
enigma greater than 6 months, civil cases, and con-
atitutionality of ordinance or .tatuta.
Civil
Civil matter.
greater
than $100.
Civil and
juvenile.
EAST RATON ROUGE
FAMILY COURT
3 judges:
Jurisdiction:
- Adoption, non-
support, deser-
tion, separa-
tion, and
divorce actions.
- Adult crime.
against juve-
niles not
puni.hable by
death or hard
labor.
Neglect and
delinquency
matter..
001
JUVENILE COURT (3)
'9 judge.
Jurisdiction:
(Caddo, Jefferson, and Orleans Parishe.)
- Desertion, non-support, and adoption.
- Adult crimes against juvenile, not
punishable by death or hard labor.
- Neglect and delinquency matters.
- Proceedinga concerning the Uniform
Reciprocal Enforcement of Support Act,
including paternity.
COURT or APPEAL (4)
33 judgee
Jurisdiction
- Civil appeals only.
Appeal. from Family and Juvenile
Court.
Civil
DISTRICT COURT (41)
161 judge.
Jurisdiction
- Original civil jurisdiction.
Exclusive real property,
election, probate, civil right., and receivership
jurisdiction.
Original criminal Jurisdiction.
Exclueive felony
jurisdiction.
Appeal. de novo and on record.
Jury trial..
Civil matter. less than $100.
Fines les. than $500,
.entences less than 6 months.
CITY COURT (49)
11 full-time judges, 49 part-time judges
Jurisdiction.
- Civil varie. from les. than $100 to
lass than $3,000.
%tall ciaime up to
$750.
- Criminal not punishable bythard labor.
Prliminary hearings.
No jury trial..
limmlPARISH COURT (3)
5 judges
Juriodiction.
- Civil ectlon. under $5,000.
Crimenal not punishable by hard labor.
No,l;Jry trial..
JUSTICE OF NE PEACE COURT (376)
376 part-time justices of the peace
Juri.diction:
- Civil actions under $750.
- Cosedtting maglatrate in non-catiltal
cases not nec SSSSS ily punishable by
hard labor.
tib
jury trial..
11 Indicates route of appeal.
254
0=Cr1m1 nall$
Fines greater
than $500,
aentence.
greater than
6 months.
illTRAFFIC COURT OF
NEW ORLEANS
4 part-time judge.
Jurisdiction:
Municipal ordinances,
and traffic violation..
No jury trials.
MUNICIPAL COURT OF
NEW ORLEANS
4 part-time judge.
Jurisdiction.
- City ordinance viola-
tions except traffic.
- Violations of @tate
tatute not triable by
jury and not involv-
ing traffic natters.
No Jury trials.
MAYOR'S COURT (250)
250 part-time judges
Jurisdiction
- Municipal ordinance
violatione.
No jury trials.
OM.
MEMMIL
Court of
lset
rellort
Intermediate
appellate
Court
Court of
general
jurisdiction
Courts of
limited
jurisdiction
their court.
b. Each Court of Appeal has appe
ate jurisdic-
tion over all civil matters decided within its
circuit and over matters appealed from Family and
Juvenile Courta, except criminal prosecutions of
persons other than juveniles.
Each court has
supervisory jurisdiction over cam in which an
appeal may be taken to it.
In general, the court's
jurisdiction xtends to law and facts.
Civil ap-
peals from the City and Parish Courts are heard by
the Court of Appeal.
The Court of Appeal doe. not
have appellate jurisdiction over adult criminal
matters.
(Const., Art. 5, 112, 10; Code of Civil Proce-
dure (hereinafter C.C.P.), Article 5001)
2.4 Judges (33)
a. The judge on each court most senior in
service is designated the chief judge.
H. remains
in this role ae long as he serves on the court.
b. Court of Appeal judges muat meet the aame
qualifications as Supreme Court justices.
Refer-
ence Section 1.4.b.
c. Court of Appeal judge. are elected to 10-
year terms in nonpartisan elections by the voter.
of their respective districts within the circuit..
(Const., Art. 5, 118, 9, 12, 22; Judicial Ad-
ministrator)
2.5 Administration
a. The chief judge of each court is responsible
for court administration subject to rules adopted
by the court.
The chief judges designate judges
to the rotating panels.
b. There is no provision for an administrator
for the Court of Appeal.
Reference Section 5.2.b
(state-level administrator).
c. Each Court of Appeal selects its clerk.
There are no formal provisions for assigning admin-
istrative duties to the clerks.
The clerk of each
Court of Appeal supervises his own oftice personnel
and has responsibilities ae determined bg the
coirizts;
(
(mat., Art. 5, 1i12, 13; U.R.C.A., V;
Judicial Administrator)
2.6 Rule-makinu
The Court of Appeal is authorized
to adopt rulea governing practice and procedure,
provided they are consietent with the law.
1Code of Criattilal Procedure (hereinafter
C.Cr.P.), Article 18; C.C.P., Art. 1931
Court of General Jurisdiction
3.1 DISTRICT COURT.
The District Court sits in
continuoua session.
(13 L.R.S.A. 1503)
3.2 Organisation.
The state is divided into 64
perishes, which (excluding Orleans Parish) have
been formed into 39 judicial districts with one
District Court sitting in each district.
Orleans
Parish hae a Criminal District Court and
Civil
District Court.
The number of judges per court
variea from 1
to 13.
There are presently 12
single-judge districts.
In distric,xs composed of
more than one parish, tho judge or judges sit al-
ternately in each parish.
No session in any parish
can be fixed for less than 1 or more than 3 weeks.
District Courts are formally divided into geograph-
ic divisions for the purpose of nomination And
election of judges only.
The Criminal District
Court of Orleans Parish ia divided into two Appel-
late Divisions, with the judges of the court equal-
ly divided between the two divisions.
The court
also has a Magistrate's Section consiating of the
magistrate judge and four commissioner..
This
section provides committing magistrate services
(reference Sections 6.2.3 and 6.2.4 Quasi-Judicial,
Officers).
The Civil District Court of Orleans
parish is mandated by statute to create by court
rule-a Domestic Relations Section of not les. than
two judges.
(13 L.R.S.A. 11502, 1138; Criminal District
Court Rule. III, IV; 1979 Session. Laws, Act
460; Judicial Administrator)
3.3 Jurisdiction
a. The District Court has original jurisdiction
in all criminal and civil matters.
It has xclu-
sive original jurisdiction in felony cases and in
cases involving the following:
title to immovable
property; the right to office or other public posi-
tion; civil or political rights; probate and suc-
ceasion matter.; the state or its political aub-
divisions as defendants; and the appointment of
receivers or liquidators for corporation. or part-
nerships.
The District Court's jurisdictional
division in Orleans Parish IA unique in that there
are two separate courts--the Criminal District
Court and the Civil District Court.
b. Some appeals from judgments of courts of
limited jurisdiction, except Juvenile and Family
Courts, are made to the District Court.
The Crimi-
nal District Court of Orleans Parish hears appeals
of m.sdemeanor convictions from the Municipal Court
of New Orleans and the Traffic Court of New
Orleans.
(Const., Kit. 5, 116; 13 L.R.S.A. 1113, 1137,
1336, 1402, 1423, 1604, 1688, 1896; Criminal
District Court Rules III, IV)
3.4 Judges (161)
a. There is no provision for a chief judge over
al1 the districts of the District Court.
Chief
judges for the individual districts are elected
annually by peer vote.
b. Diatrict Court judges must meet the same
qualifications as Supreme Court justices.
Refer-
ence Section 1.4.b.
C. Diatrict Court judges are elected to 6-year
terms by the voters of their reapective districts.
(Const., Art. 5, 1115, 17, 24; Judicial Admin-
istrator]
3.5 Administration
a. Whereas there is no provision for a chief
judge over all the districts of the District Court,
the individual districts have chief judges.
Al-
though there are no statutory duties assigned to
the chief judges, the individual courts may pre-
scribe duties by court rule, as has been done in
the 19th Judicial District.
For example, that
court'i'chief judge is assigned the following re-
sponsibilities:
regulation and enforcement of
hours for court operation; appointment of court
committees; preparation of recommended policies
and plans and submission of such recommendations
to the entire court or to other authorities as
appropriate; representation of the court in cere-
monial functions and in its relations with other
governmental branches, other courts, and the news
media; coordination of vacation schedules; approv-
al of judicial absences for conference attendance;
supervision of the court administrator; aupervi-
sion of court finances including planning and
budget preparation; and others.
b. There is no provision for an administrator
over all the districts of the District Court.
Al-
though there are no statutory provision, for court
administrators for.the individual districts, courts
may, however, establish such a position by court
rule.
The 19th Judicial District Court has estab7
lished the position of court administrator.
He
serves as chairman of the jury commisaionera and
, 255
2 :3
supervises the court reporter pool &mons other
duties.
c. District Court clerks are constitutional
officers elected to 4
r terms by the voters of
their respective par
s.
There are no formal
provisions for assign
administrative duties to
the clerks.
They supervise their own office per-
sonnel and have responsibilities as determined by
the court.
[Const., Art. 5, 128; West's Louisiana Rules
of Court 1979 (hereinafter 1979 Court Rules),
p. 446; Rules of the 19th Judicial District
C. rt, General Rule II, Section 2; Judicial
nistratorl
-makin
.
The District Court is autho-
adopt rules of practice and procedure pro-
hey are consistent with the law.
The court
dopt rules for conducting business.
[13 L.R.S.A. 1472; C.Cr.P., Art. 18; C.C.P.,
Art. 193)
Courts oi Limited or Special Jurisdiction
4.1.1 CITY COURT.
The City Court sits in continu-
ous session.
[)3 L.R.S.A. 11901)
4.2.1 Organization.
Prior to 1474 a City Court
could be established in any ward (division) con-
taining a city of more-than 5,000 inhabitants.
There are 49 City Courts, including the First City
Court and Second City Court of New Orleans.
Small
Claims Divisiohs may be established in-City Courts.
[13 L.R.S.A. 111872, 5202; C.C.P., Art. 4414;
Annual Report 1978, pp. 32-33)
4.3.1 Jurisdiction
a. The criminal jurisdiction of the City Court
is limited to those offenses that are not punish-
able by imprisonment at hard labor, including
ordinance violations.
City Court judges may re-
quire bond to keep the peace; issue arrest war-
rants; examine, commit, and admit to bail and dis-
charge; and hold preliminary examinations in all
noncapitil cases.
The City Court has small claims
jurisdiction up to $750.
The City Court's civil
jurisdiction ifiebncurrent with the District Court
idvolving suma up to $3,900:
b. The City Court has no.appellate jurisdic-
tion.
L23.L.R.S.A. 11894; C.C.P.
'Arts. 4843, 4844;
1*
A979 Station Les, Act 46) 4
4.4.1 Judges (41....4u11:lime and 49 part-time)
a. jf a,City Court,has mere than one judge, the
tenior judge serves as the presidigg judge.
eme Court ju
b..City Court.judges
the smme quali-
fications as Supr
s.
Reference
Section 1.4.b.
c. City Court judges ere eleceed to.6-yeat
terms by' the voters'of their respective wards,
[Const., Art. 5, 11/5, 22;43 L.R.S.A. 11673; '
Judicial Administrator)
4.5.1 Administration-
a. The presiding .iudges have no specifically
articulated administratiVt.duties.'-'
b. There are no provisions for administrators
for the City Court.
Reference Section 5.2.b
*
(state-level administrator4.
1,
C. Most City Court clerks are appoin4Ed by and
serve at the pleasure of the City Court igdge.
The
crerks of the First And Second City Courrs of New
Orleans are elected by the voters within their
territorial jurisdiction.
The clerk has responsi-
bility for keeping the minUtes and docket bf the
a
411,
court; keeping the seal and signing off on all
legal process; and certifying documents.
In the
absence of the judge, the clerk may sign any court
order that needs the judge'e, signature.
The clerk
supervises his own office personnel.
[13 L.R.S.A. 111884, 1885, 2153; Judicial
Administrator]
4.6.1 Rule-makinu
A City Court may adopt and
amend rules for conducting judicial business.
All
such rules, whether procedural or administrative,
must be consietent with law.
[13 L.R.S.A. 111902, 2488.2, 2488.31, 2488.72;
C.C.r., Art. 193; C.Cr.P., Art. 18)
4.1.2 PARISH COURT.
The term of the Parish Court
is coterminous with the calendar year.
[Judicial Administrator)
4.2.2 Organization.
There are three Parish Courts
in the state:
two in Jefferson Parish and one in
Ascension Parish.
The two courts in Jefferson
Parish have geographic jurisdiction on separate
sides of the Mississippi River; the sourt in Ascen-
sion Parish has gtographic jurisdiction over the
entire parish.
There are no specialized divisions
of the court.
[13 L.R.S.A. 112561.1, 2562.1, 263.1; Judie
Administrator)
4.3.2 Jurisdiction
a. The Parish Court has criminal jurisdiction
concurrent with the District Court over ordinance
violations and offenses, but only those not punish-
able by imprisonment at hard labor.
It has concur-
rent jurisdiction with the District Court,over con-
troversies not exceeding $5,000, including suits
for possession of leased premises.
b. The Parish Court has no appellate jurisdic-
tion over the Justice of the Peace Court.
[13 L.R.S.A. 112561.3, 2562.3, 2563.3; C.C.P.,
Art. 4842; 1979 Sessions Laws, Act 46; Judicial
Administrator)
4.4.2 Judges (5)
a. The Parish Court does not have presiding
judges.
b. Parish Court judges must meet the same pal-
ifidations as Supreme Court justices.
Reference
Section 1.4.b.
-c. Parish Court judges are elected to 6-year
terms by the voters of their respective wards.
[Const., Art. 5, 1115, 22; 13-L.R.S.A.
112561.5, 2562.5, 256).5)
4.5.2 Administration
A.
There.are no provisions for presiding judges
for the Perish Court.
b. There are no provisions for administrators
for'the Parish Court.
Reference Section 5.2.b
(state:level administrator).
4. Qistrict Cburt clerks serve as clerks of the
jiparish Court.
Reference Section 3.5.1.c.
413 1...11.S.R. 112561%12, 2562.12, 2563.111
4.6.1'&111-Makih1.
The Pariph Court has,the same
rule-making authority as the District Coutt.
Ref-
erence Sgctiori 3.4. b
4.1.3 MUNICIPAL COURT OF NEW ORLEANS.
The term of
.the Municipal Court.of New Orleans is coterminous
with the calendar year.
[Judicial Administrator)
411,
4.2.3 Organization.
The Municipal Court of New
'
Orleans has citywide jurisdiction*
There are no
specialized divisions of the court.
[13 L.R.S.AJ, 12493)
256
4.3.3 Jurisdiction
a. The Municipal Courtoof New Orleans has ju-
risdiction over all ordinance violations, except
those involving traffic matters.
It also has con-
current jurisdiction with the Criminal District
Court over violations of state statutes that are
,not trIlable by a Jury and do not involve traffic
matters.
The court1s m
unum penalta i
I $300
fine or 5 months In ja
or both.
*.1
.
13: The Municipal C urt of New Orleans has no
appellate Jurisdiction.
[13 L.R.S.A. SS249
,
2500; 1979 Session Laws,
Act 268]
4.4.3 Jud es (4
t-tink)
a. The Municipal Court of New Orleans does not
have a presiding Judge.
b. Municipal Court of New Orleans Judges must
have practtced law in the state for at least 5
years.
They must also be qualified voters of
Orleans Partsh.
c. Munt.Apol court ot New Oilcans Judges ar,
elected to 8-year t;erms by the voters of the parish
of Orle. .4
(const., Art.
,,
S22,
13 L.R
A. S2492,
2-,01.11
4.5.3 Adintritst
(tton
a. There Is no provtston tor a prpstdtng
(dge
for the Municipal
(
(urt of New Orl.
b. There is no provision tor an administrator
for the Municipal court of New urleans.
Reference
Section 5.2.b (st
P-leve, idminisfrator).
c. The Municipa, Cour, of New Orleans appoints
its own clerk, who seiqes at Its plPasure.
He
,upervises his own office personne, and (as re-
sponstbilities as determtned by the
dirt.
113 L.R.S.A. S2495, Judicta' Administrator
4.6.3 Rule-making..
The Municipal Court oc New
Orleans ts empowered to adopt rules and regulations
necessary for the proper functiontng
(f
the court
All such rules, whether p-ocedural
Administra-
tive, must be conststent with law.
113 1.- S.A. S2494,
.C.F., Art. 193, C.Cr.P.,
Art.
1.81
4.1)1111*TRAFF1C
COURT OF NEW ORLEANS.
The term of
the Traffic Court of New Orleans is coterminous
with the ca,endar year.
[Judicial Administrator;
4.2.4 Organization.
The Traffic Court of New
Orleans has geographic Jurisdiction over the parish
of Orleans.. There are no specialized divisions of
tly court.
[13 L.R.S.A. S501]
4.3.4 Jurisdiction
-
0
a. The Traffic Court of New Orleans has juris-
diction over all violations of ordinances or stat-
utes relating to traffic, unless the particular
offense requires a trial by yury.
The Traffic Court of New Orleans has no ap-
pellate Jurisdiction.
111 L.R.S.A. 42501.11
4.4.4 Judges (4 part-hime)
a. The Traffic CoMik of New Orleans does not
have a preliding Judge.
b. Traffic Court Judges muot haVe practiced law
in the state for at least
5 years.
They must also
be qualtfied voters of aleans Parish.'
c. traffic Court of New Orleans Judges are
elected to 8-year terms by the voters of%the
parish.
(Const7, Art.
5,
122, 13 L.R.S.A. S52492,
2101.F.11
4.5.4 Administration
.
a. There is no provision for a presiding Juige
for the Traffic Court of New Orleans.
b. There is no provision for an administrator
for the Traffic Court of New Orleans.
Reference
Section 5.2.b (state-level administrator).
c. The court appoints a clerk who serves at its
pleasure.
The clerk supervises his own off
e per-
sonnel and has duties as determined by the c urt.
[13 L.R.S.A. 52501.1; Judicial Administ ator]
0
4.6.4 Rule-making..
The Traffic Court of New
Orleans has the same rule-making authority as the
Municipal Court of New Orleans.
RefOrence Section
4.6.3.
[13 L.R.S.A. S2501.1]
4.15 JUSTICE OF THE PEACE COURT.
The term of the
Justice of the Peace Court Is coterminous with the
calendar year.
[Judicial Administrator]
4.2.5 Organization., Parishes are divided Into
wards with one Justice serving most wards and a few
wards served by two Justices.
In some parishes,
wards may be consolidated into a district with one
Justice serving the district.
In a special case,
West Feliciano Parish has only one justice of the
peace for the entire parish.
In a ward where a
City
(urt Is established, the office of Justice
of the peace is abolished.
There are no special-
tzed divisions of the court.
113 L.R.S.A. S1872, 2588; National Survey of
Court Organtzation, p.
149]
4.3.5 J, ,sdictton
a. Justices of the peace have criminal Juris-
dtction as committ(ng magtstrates only.
They have
the power to bail or discharge In cases not capital
nor necesearily punishable at hard labor.
They may
require bonds to keep the peace.
They have con-
current Jurisdiction with the District Court in all
civil matters involving $750 or less, including
sults for possession or ownership of movable prop-
erty
.
suits of landlords for the possession of
leased premise-
b. The Justtce of the Peace Court has no appel:
late jurisdiction.
[13 L.R.S.A. S2584; C.C.P., Alt
4844]
4.4.5 Judges 1(376' part-time)
a. The Justice of the Peace Court does not have
presiding judges.
i
b. A Justi e of the peace must be of good moral
character, a f eeholder, and a qualified voter, who
is able to rea 'and write English.
c. Justices of the peace are elected to 4-year
*
1
terms.
le
(131L.R.S.A. S2581.1]
4.5.5 Administration
a. There are no provisions for presiding judges
for the Justice of the Peace Court.
b. there are no provisions for administrators
for the justice of the Pgace_Court.
c. There are no provisions for clerks for the
Justice of the Peace Court.
Each Justice of the
peace has a constable who is elected to a 4-yea(
term.
[13 L.R.S.A. S2581.2]
4.A.5 Rule-making.
There are no statutory provi-
sioni concerning the rule-making authority of the
Justices of the peace.
In practice, the jcstices.
of' the Oace make their own ruler subJect_t( Lne
sup(ervioory authority of the Supreme Court.
[Judicial Administrator]
257
4.1.6 MAYOR'S COURT.
The term of thq Mayor's Court
is coterminous with the calendar /tar.
[Judicial Administrator]
4.2.6 Organization.
The Mayor's Court has geogra-
phic jurisdiction. within the municipality.
There
are no specialized divisions of the court.
4.3.6 Jurisdiction
a. The mayor of a city having a Mayor's Court
has jurisdiction over all municipal ordinance vio-
lations.
The maximum penalty for an ordinance vio-
lation is a $200 fine or 30 days in jail or both,
unless an ordinance prohibiting drunken driving
provides for
fine of $500 and/or 60 days in jail.
All Aayors have the power of committing magis-
trates.
b. The Mayor's Court has no appellate jurisdic-
tion.
[33 L.R.S.A. 11401, 403, 441]
4.4.6 Judges (250 mayors or legislatively autho-
rized magistrates)
a. The Mayor's Court does not have presiding
judges.
b. Mayors must be qualified voters of their
cities and must have been residents of their
parishes for at least 2 years.
c. Mayors are elected to 4-year terms by the
voters of the municipality at large.
[33 L.R.S.A. 11381, 383, 384]
4.5.6 Administration
a. There are no provisions for presiding judges
for the Mayor's Court.
b. There are no provisions for administrators
for the Mayor's Court.
c. Dere are no provisions for clerks for the
Mayor's Court.
4.6.6 Rule-making.
There are no statutory provi-
sions regarding the rulemaking authority of the
Mayor's Court.
In practice, the mayors make their
own rules subject to the supervisory authority of
the .Supreme Court.
[Judicial Administrator]
4.1.7 FAMILY COURT.
The Family Court sits in con-
tinuous session.
[13, L.R.S.A. 114061
4.2.7 Organization.
The only Family Court is
located in the parish of east Eaton Rouge.
The
court's geographic jurisdiction is the parish.
There are no specialized divisions of the court
[13 L.R.S.A. 11401]
4.3.7 Jurisdiction
st.'The Family. Court has originAl jurisdiction
over all cases involving domestic relations prob-
lems such ai divorce, separation, annulment, pater-
nity, alimony, child support, custody by habeas
corpus -or otherwise, visitation rights, and all
mattirs incidental thereto.
It also hes the same
jurisdiction as the Juveni1e Court (reference Sec-
tion 4.3.8.a).
b. The Family Court has no appellate jurisdic-
tion.
[13 L.R.S.A. 111401, 14221
4.4.7 Judges (3)
A.
If a Family Court has more than one judge,
the senior judge serves as presiding judge.
Family tourt judges must meet the same qual-
ifications as Supreme Court justices,
Reference
'8ectiott 1.4.b.
r. Family Court judges are elected to 6-year
terms by the voters-of the parish of East.Reton
Rouge.
,
/
fC:nst., Art. 5, 122.13 L.R.S.A. 11403; Judi-
:14,11 'Administrator)
4.5.7 Administration
a. The presiding judge has no specifically
articulated administrative duties.
b. There is no provision for an administrator
for the Family Court.
Reference Section 5.2.b
(state-level administrator).
c. The District Court clerk serves as the
Family Court clerk.
Reference Section 3.5.c.
'
(13 L.R.S.A. 11597)
4.6.7 Rule-making.
The Family Court has the same
rule-making authority as the District Court,
Reference Section 3.6.
4.1.8 JUVENILE COURT.
The Juvenile COtrt sits in
continuous session.
[13 L.R.S.A. 111565, 1568, 1596]
4.2.8 Organization.
The Juvenile Court is located
in Caddo, Jefferson, and Orleans Parishes.
There
are no specialized divisions of the court.
(13 L.R.S.A. 111564, 1595.1, 1596)
4.3.8 Jurisdiction
a. The Juvenile Court has exclusive original
jurisdiction in proceedings concerning any neglect-
ed or abandoned child who resides in or who is
found within the parish.
It has similar jurisdic-
tion over children who violate any law or ordi-
nance.
The court is empowered, however, to trans-
ferlome serious cases involving juveniles to the
District Court.
Specifically, this involves a
child 15 years of age or older who has been charged
with first or second degree.murder, manslaughter,
aggravated rape, armed robbery, aggravated burg-
lary, or aggravated kidnapping.
After a hearing,
the transfer of the case is at the discretion of
the Juvenile Court judge.
Such a decision repre-
sents an interlocutory judgment, which either the
child or state or both have the right to have
reviewed summarily by the Supreme Court.
The Juve-
nile Court also ha
jurisdiction over proceedings
concerning the Uniform Reciprocal Enforcement of
Support Act, including paternity.
b. The Juvenile Court has no appellate juris-
diction.
[13 L.R.S.A, 1115.70, 1571.1, 1571.4, 1664,
1681]
4.4.8 Judges (9)-
a. The Juvenile Court does not have statutory
provisions for presiding judges.
The Jefferson
Parish Juvenile Court has established the position
by court rule.
b. Juvenile Court judges must meet the same
qualifications as Supreme Court justices.
Refer-
ence Section 1.4.1r.
c. Juvenile Court jbAges are elected to 6-year
terms by the voters of their respective parishes.
[Const., Art. 5, 122; 13 L.R.S.IA. 111564,
1595.1, 1596]
4.5.8 Administration
a. Uhereas there are no statutory provisions
for presiding judges for the Juvenile Court, the
Jeffersoti Parish Juvenile Court has established the
position by court rule.
The presiding judge,of
this court_is responsible for direct supervision
of social services provided by the court.
b. There is no provision for an administrator
for the Juvenile Cdurt.
Reference Section 5.2.b
(state-level administrator).
c, Dis-trict Court clerks serve as clerks of the
-Juvenile Court (reference Section 3.5.c), with the
exceptidn of the Orleans Parish Juvenile Court,
which has its own clerk.
[1,3 L.R.S.A. 11597; Annual Report 1977, pp.
2326; Judicial Administrator]
258
*77.:
4.6.8 Rule-ante .
The Juvenile Court may make
Jules of practice and procedure consistent with the
'law.
The court say adopt'rules for conducting
business.
113 L.R.S.A.) 1472; C.Cr.P., Art. 18; C.C.P.,
Art. 193]
State-Level Administration
5.1 General administrative authority.
The Supreme
Court has general supervisory jurisdiction over all
courts in the state.
It may establish procedural
and administrative rules not in conflict with the
law.
The Chief Justice serves as the chief admin-
istrative officer of the judicial system of the
state, subject to rules adopted by the Supreme
Court.
Reference Section 1.5.a.
The Supreme Court
has authority to assign a sitting or retired judge
to any court.
[Coast., Art. 5, 115, 6; Judicial Administra-
tor]
5.2 Office of the Judicial Administrator
a. The Office of the Judicial Administrator is
authorized by Supreme Court Rule XXII, Section 7.
b. Judicial Administrator
(1) The position of Judicial Administrator
is constitutionally authorized.
(2) The Judicial Administrator is appointed
by the Supreme Court.
There are no formal qualifi-
cations for the position.
In practice, he is
expected to be admitted to the bar.
(3) The Judicial Administrator examines the
administrative methods of the court system and
makes recommendations for their improvement to the
Supreme Court and the Judicial Council (reference
Table 29:
Judicial councils and conferences).
He
collects and analyzes the statistical data of the
courts.
He serves as ex officio secretary of the
Continuous Rules Revision Committee (a standing
committee made up of two Supreme Court justices,
one Court of Appeal judge, one trial judge, and two
lawyers, appointed by the Chief Justice to study
recommended rule changes) and provides staff assis-
tance to the Judicial Budgetary Control Board (a
board that may authorize and eirect transfer of
funds between line items in tge judiciary budget).
The Judicial Administrator monitors judicial travel
expenses and the expenses associated with the tem-
porary assignment of active and retired judges.
The Supreme Court has designated the Judicial Ad-
ministrator as the chief executive officer of the
Judiciary Commission (reference Section 7.1).
c. Office organization.
The Office of the Ju-
dicial Administrator consists of 12 people:
6 pro-
fessionals (including the Judicial Administrator)
and 6 clerical personnel.
The professional staff
provides support services in the following areas;
systems analysis, progtemming, computer operations,
records management, forms development, and field
representation; payroll, accounting, auditingand
budgeting; legislative, executive, public, and
media information, legislative liaison, and execu-
tive liaison; and planning and research activities,
which include statistical compilation, judicial
planning, research, evaluation, and statistical
analysis.
1
[Const., Krt. 5, 17; S.C.R. XIV, XXII, XXIII;
lk Supreme.Court Rule, General Aiministrativi
Rule Sections 1, 4;"Juaicial Alleinistrator]
Quasi-Judicial Officeis
6.1.1 NINETEENTH JUDICIAL DISTRICT COURT
6.2.1 Commissioner
a. Commissioners are appointed by the court and
serve at its pleasure.
A commissioner must have
the same qualifications as a judge, with the excep-
tion of residency.
Reference Section 3.4.b.
Com-
missioners are prohibited from practicing law.
b. Commissioners hear and recommend diapositipn
of criminal and civil proceedings arising out of
the incarceration of state prisoners.
113 L.R.S.A. 1711 to 1713; 1979 Session Laws,
Act 62]
6.1.2 CIVIL DISTRICT COURT OF ORLEANS PARISH
6.2.2 Commissioner
a. Commissioners are appointed by the judges
of the Civil_District Court to 6-year terms.
To
'
qualify for the position, an individual must have
practiced law in Orleans Parish for at least 5
years.
b. If it appears that a case will require more
,than 3 days to try, a judge may refer the matter
to a commissioner.
The matter is then set for
trial before the commissioner and he submits a
recommendation to the judge.
Commissioners may
administer oaths and can punish for contempt of
court.
113 L.R.S.A. 11171; 1979 Session Laws, Act 236]
6.1.3 CRIMINAL DISTRICT COURT OF ORLEANS PARISH
6.2.3 Magistrate
a. The magistrate must meet the same qualifi-
cations as a District Court judge (reference sec-
tion 3.4.b) and is elected to a 6-year term.
b. The magistrate acts as committing magistrate
in felony and misdemeanor charges and holds pre-
liminary examination with the authority to bail or
discharge or to hold for trial.
If authorized by
the Criminal District Court, the magistrate may
also hear preliminary motions, accept pleas in mis-
demeanor cases, hear and render judgments in other
matters (including misdemeanor cases, preliminary
to the trial on the merits); and conduct trials of
misdemeanor cases.
If authorized, he may issue and
sign search and arrest warrants.
113 L.R.S.A. 11346]
6.1.4 CRIMINAL DISTRICT COURT OF ORLEANS PARISH
6.2.4 Commissioner
a. Commissioners are appointed by the judges
of the Criminal District Court to 6-year terms.
They must have practiced law in the state for at
least 5 years prior to appointment.
After appoint-
ment, they may engage in the practice of civil, but
not criminal, law.
b. The primary role of the commissioners is to
assist the magistrate.
They have the same powers,
duties, jurisdiction, and functions di the magis-
trate.
Reference Section 6.2.3.b.
113 L.R.S.A. 11347; 1979 Session Laws, Act 236]
6.1.5 MAYOR'S COURT
Ss.
6.2.5 Magistrate
a. The Board(s) of Aldermen of certain towns
and villages are authorized by statutes to appoint
court magistrates.
These magistrates must be at-
torneys.
.4e
b. When appointed, magistrates exercise the
poser* and authority of the mayor over the partic-
'ular Mayor's Court.
113 L.R.S.A. 1S441 to 446]
259
fP'v-,
Figure 2:
Louisiana state-level administrative office of the courts, 1980
Judicial
Administrator
Chief
Deputy
Finance and
Public
Legal
Systems
Budget Officer
Information
Affair.
Analysis
Officer
Officer
officer
Payroll
- Accounting
- ludgeting
- Purchasing
- Legislative,
executive,
public, and
media information
Drafting legislation
- Analyzing legislation
Planning
Officer
260
- Planning
- Statistics
Research
1) .-- ,-
/r, , ,
._.)
.,
Information
Systems
Officer
Sytems analysis
Programming
Computer operations
t
Judicial Discipline
7.1 Judiciary Commissicin.
The commission has nine
members.
One Court of Appeal judge and two Dis-
trict Court judges are selected by the Supreme
Cort.
Three attorneys are chosen by the Confer-
ence of Court of Appeal Judges (reference Table 29:
Judicial councils and conferences).
Two of these
attorneys must have been members of the bar for
more than 10 years, and the third must have between
3 and 10 years of bar experience.
The District
Judges' Association (an unincorporated association
of all district judges) selects three nonlawyer
citizens.
[Const., Art. 5, 1251
7.2 Authority and procedure for sanction.
Commis-
sion procedures are specified by Supreme Court
rules in accordance with the constitution.
The
commission investigates complaints involving will-
ful misconduct, willful and persistent failure to
perform duty, persistent and public conduct pre-
261
judicial to the administration of justice, conduct
in office that constitutes a felony, and disabili-
ties that seriously interfere with a judge's judi-
cial duties.
The judge is notified of the inves-
tigation and the name of the complainant.
If war-
ranted by the preliminary investigation, a formal
hearing ix held.
Witn eeeee are questioned under
oath and can be subpoenaed.
The judge has the
right to introduce evidence, to be represented by
counsel, and to examine and cross-examine witnes-
ses.
If good cause exists, the commission can
recommend certain disciplinary actions to the Su-
ipme Court.
The matter is then scheduled for
iiigument and submission in open court.
Normally,
1 hour is permitted for each side's oral argument.
After the hearing, and if deemed appropriate, the
court may censure, suspend with or without pay,
remove from office, or retire the judge.
Commis-
sion proceedings are confidential, while those
before the Supreme Court are not.
[Const., Art. 5, S25; S.C,R. XXIII]
Figure 1:
Maine court system, 1980r
SUPREME JUDICIAL COURT
7 justices
Jurisdiction:
Original jurisdiction as 'single justice
setters in all getters -(except divorce,
annulment, or separation) concurrent with
the Superior Court (except no jury trials.)
Civil and juvenile appeals from the Superior
Court.
Criminal appeals Where the imposed sentence
is more than one year (unless this is the
only sentence that could be imposed) or
whore the defendant requests en appeal.
a
teals from administrative and governmental
ncies.
r Advisory opinions.
SUPERIOR COURT (16)
14 justices
Jurisdiction:
- Original jurisdiction in all matters except
those cases within the jurisdiction of the
Supreme Judicial Court sitting as
Low
Court snd those cases within the exclusive
jurisdiction of the Administrative Court or
the District Court.
- Egclutve jurisdiction in civil jury
matters.
- Exclusive jurisdiction in felony letters.
Appeals (de novo in criminal netters.)
Reviews actions snd orders of certain admtnis
trative agencies.
Jury trials.
ADMINISTRATM COURT
1
lodge and I
associate judge
Jurisdiction'
- All cased involving sn
agency's intention to sus-
pend, revoke, or refuse a
license.
DISTRICT COURY (33)
20 ludges
Jurisdiction:
- Civil actions under $20,000,
divorce, annulment, separa-
tion, and property disputes.
Exclusive original jurisdic-
tion in small claims.
- Misdemeanors, guilty pleas
in felony cases, preliminary
hearings.
- Traffic.
- Juvenile.
No jury trials.
PROBATE COURT* (16)
16 ludges
Jurisdiction:
Wills, tstseentary admin-
istrations, settlement of
estates, guardianship,
adoption, snd name
changes.
tIndicates route of sliest.
*After December 31, 19/0, appeals from the Probate Court will go directly to the Supreme Judicial tourt.
262
1111110.
aMIN
MIME/
meal.
Court of
last
resort
Court of
general
jurisdiction
Courts of
limited
jurisdiction
Court of Last Resort
MAINE
1.1 MUM! JUDICIAL
UR
A
matter of prac-
t ce, the court usually si
n Portland.
The
number of sessions "shall be in accordance with
rules promulgated by the Supreme Judicial Court."
44 Maine Revised Statutes Annotated
'(hereinafter M.R.S.A.) Section 53)
1.2 Or anization.
When sitting a: a trial court
or conducting hearings, the court is called the
Suprema Judicial Court.
When sitting to determine
.-6;asiions of law arising in civil actions or in
crieinal trials and proceedings in trial courts,
the Supreme Judicial Court is referred to as the
"Law Court".
Sitting as an "Appellate Division,"
not more than three justices of the Supreme Judi-
cial Court hear appeals of criminal sentences of 1
year or more, except in any case in which a dif-
ferent sentence could not have been imposed.
)4 M.R.S.A. 151; 15 M.R.S.A. 12141; State Court
Administrator)
1.3 Jurisdiction
a. The Supreme Judicial Court gives advisory
opinions on ismortant matters to the Governor,
Senate, or House of Representatives.
If a qUestion
of misconduct by an attorney is properly raised,
any,justice of the Supreme Judicial CoutI may re-
quire that attorney to appear and defend against
possible removal of his or her license to practice
law.
The court may punish contempt against its
authority by original proceedings.
The justices of the court have original
jurisdiction jointly with and equal to that of the
Superior Court.
The Chief Justice of the Supreme
Court may assign individual justices of the Supreme
Judicial Court to do "single justice" work, hearing
matters brought in Superior Court.
They have all
the power of justices of the Superior Court, except
that they do not hold jury trials and they do not
bear actions for divorce, annulment, or separation.
This "single justice" work is done to help the Su-
perior Court with its caseload.
Sitting as the Law Court, the court may de-
cide the following smatters:
(1) Questions of law arising in a case for
which trial in a trial court has not been com-
pleted, where the trial court on its own initia-
tive hes reported the case to the Law Court for
determination of what legal principles apply to the
4,
facts of the case.
(2) Questions of law in a case for which
triallin a trial court has not been completed,
where the parties submit an agreed statement of
facts to the Law Court for determination of what
legal principles apply to those facts.
(3) Cases presenting a question of law.
(4) All questions arising in cases in which
equitable relief is sought.
263
(5) Motions to dissolve certain injunctions.
(6) Unresolved questions of Maine law
arising in federal courts, where federal courts
seek instruction by the Supreme Judicial Court.
b. Sitting as the "Appellate Division" of the
Supreme Judicial Court, three justices hear appeals
from sentences of 1 year or more imposed in crimi-
nal cases except in any case in which a different
sentence could not-have been imposed.
Sitting as the Law Court, the Supreme Judi-
cial Court has appellate jurisdiction over the
following matters:
(1) Appeals by defendants in criminal cases.
(2) Appeals from any of the judges of pro-
bate.
(3) Appeals Srom the Superior Court by any
aggrieved party in any civil case.
(4) Appeals from divisions of a single jus-
tice of the Supreme Judicial Court.
(5) Appeals On questions of law by the
State in criminal and juvenile cases which are *
4imited to cross appeals and to appeals of certain
pretrial orders.
(6) Appeals from the Superior-Court on ques-
tions of law in juvenile cases.
(7) Appeals on questions of law from final
decisions of the Public Utilities Commission.
(8) Review of the justness or reasonable-
ness of a Public Utilities Commission rate, toll,
or charge, or of the constitutionality of a ruling
or order by that commission, but only to the
extent of the lawfulness of such ruling or order.
(9) Appeals from Superior Court review of
certain orders of the Board of EnvironMental Pro-
tection.
(10) Appeals on questions of law from deci-
sions of the Workmen's Compensation Commission.
(11) Appeals on questions of law from
Superior Court review of actions by governmental
agencies.
[Const., Art. VI, 13; 4 M.R.S.A. 117, 57, 105,
851; 14 M.R.S.A. 11851; 15 M.R.S.A. 112115,
2115-A, 2141, 3407; 18-A M.R.S.A. 11-308; 35
M.R.S.A. 1303, 305; 38 M.R.S.A. 1346; 39
M.R.S.A. 1103; Maine Rules of Civil Procedure,
Rule 8013; State Court Administrator)
"la. The Chief Justice is selected in the same
manner as are the other justices.
He serves as
Chief Justice for his full term.
b. Supreme Judicial Court justices must be
.
United States citizens, and "learned in the law and
of sobriety of manners."
c. Suprema Judicial Court justices are nomi-
nated and appointed by the Governor, subject to re-
view by the Joint Standing Committee on the Judi-
ciary (a joint committee of the legislature which
reit judicial nominations and reports conclu-
t
lions before a vote is taken) and confirmation by
the Senate.
Unless removed or reappointed, jus-
tices hold office for 7 years.
[Const., Art. V, Pt. 1,
18; Art. VI, 64; 3
M.R.S.A. 11151, 152; 4 M.R.S.A. 111
1.5 Administration
a. The Chief Justice is the head of the Judi-
cial Department.
He exercises administration and
supervision over the entire court system through
the State Court Administrator, Superior Court re-
gional presiding justices, and the District Court
chief judge.
Reference Section 5.1 (General
administrative authority).
His duties in regard
to the administration of the Supreme Judicial
Court include:
(1) Decisions concerning the times and
Places for sessions of the Law Court.
(2) Prescription of regulations for expense
statements submitted by justices of the Supreme
Judicial Court.
(3) Assignment of cases and other matters
to active retired justices of the Supreme Judicial
Court.
(4) Appointment of clerks and clerical as-
sistants for the Supreme Judicial Court and deter-
mination of their compensation.
(5) Appointment of the clerk of the Law
Court and designation of persons to act as addi-
tional clerks of the Law Court.
(6) Assignment of justices and active re-
tired justices ef the Superior Court to hold its
trial sessions.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The Chief Justice of the Supreme
Judicial
Court appoints the clerk of the Law Court, who
serves full time at the pleasure of the
Chief
Justice.
The clerk of the Law Court acts as re-
porter of decisions and keeps the dockets of the
Law Court.
From time, to time, the Chief Justice
may designate one or more clerks of court or other
competent persons to act as additional clerks of
the Law Court.
The clerk of the Law Court also
serves as executive secretary of the AppellAte
Divigion.
i4
114, 6, 53, 54, 101, 551; State
Court Administrator]
1.6 Rule-making.
The Supreme Judicial Court has
power to make general rules governing
practice and
procedure in criminal and civil cases in the
Superior and District Courts as well as rules gov-
erning practice and procedure in cases
before the
Administrative Court and cases before complaint
justices (reference Section 6.1 Quasi-Judicial
Of-
ficers).
This power is limited only br the con-
stitution and by the statutory caveat that no rule
shall modify substantive rights.
The Supreme
Judicial Court also has power to prescribe rules
if evidence for criminal and civil cases before the
Supreme Judicial Court, the Superior Court, the
District Court, and the Probate Court.
Finally,
the Supreme Judicial Court has authority to make
and promulgate rules, regulations, and orders gov-
erning the administration of the Judicill Depart-
ment.
(4 M.R.S.A. ill, 8, 9, 9-A; State Court Admin-
istrator]
Intermediate Appellate Court
2 o There is no intermediate appellate court in
Maine.
264
Court of General Jurisdiction
3.1 SUPERIOR COURT.
The regional presiding jus-
tice in each of the three judicial regions in the
state determines when sessions will be held in each
county in his region.
If necessary, the Chief
Justice may authorize special sessions in addition
to the regularly scheduled ones.
[4 M.R.S.A. 11110, 1111.
3.2 Organization.
Superior Court is held in the
county courthouse in each county.
The justices sit
individually, traveling from one court to the next
within the three judicial regions in the state.
[State Court Administrator]
3.3 Jurisdiction
a. The Superior Court exercises original ju-
risdiction over all matters, either exclusively or
concurrently with other courts, that are not with-
in the jurisdiction of the Supreme Judicial Court
sitting as the Law Court or the exclusive juris-
diction of the Administrative Court or the Dis-
trict Court.
All felonies are heard in Superior
Court, even if the defendant waives his right to a
jury trial.
Civil jury cases must be tried in
Superior Court.
The court also has jurisdiction
to provide injunctive relief, supervise mortgage
foreclosures, compel parties to perform their con-
tracts, settle partnership disputes, and decide
actions to quiet title or settle property disputes.
It shares with the District Court jurisdiction in
divorce and other matters involving domestic rela-
tions.
b. The Superior Court hears civil and criminal
.appeals from District Court cases, and juvenile ap-
peals froli the District Court sitting as the Juve-
nile Court.
In addition, it hears appeals from the
Administrative Court.
[4 M.R.S.A 11157, 14 M.R.S.A. $1105, vi01,
1157, 6051, 6651; 5 M.R.S.A. 62401; 15
M.R.S.A. IS2111, 2114, 2115-A, 2661, 3401,
3402, 3405; State Court Administrator]
3.4 Justices (14)
a. There is no provision for a chief justice
over the Superior Court.
The Chief Justice ap-
points regional presiding Superior Court justices
for each of the three judicial regions in the
state.
b. Superior Court justices must meet the same
qualifications as the Supreme Judicial Court jus-
tices.
Reference Section 1.4.b.
c. Superior Court justices are selected in the
same manner and for the same term as Supreme
Judi-
cial Court justices.
Reference Section 1..4.c.
[4 M.R.S.A. 1191
3.5 Administratign,
a. Ttid regional- 'Presiding justices deermine
when and where court will be held Within their re-.
spective regions, what business wi/l1 be conducted,
and When the grand jury will meet.
The Supreme
Judicial Court may by rule give the regional pre-
siding justices additional duties to perform.
b. There.are no provisions for an administra-
tor over all the Superior Courts.
Each of the
three regional presiding justices employs, super-
vises, and is sss i s ted by a Superior Court region-
al court administrator.
Reference Section 5.2.b
(state-level administrator).
c. The individual courts are
administered in
each county by a clerk of court.
Until 1975, the
clerks were elected and served 4-year terms.
Now
they are under the statewide court personnel sys-
tem administered by the Chief Justice of the
(); rl
Supremm Judicial Court.
In general, the clerk is
responsible for keeping the records of the court,
managing case files, administering courtroom pro-
ceedings while the court is tn session, scheduling
cases, and handling communications between the
court and attorneys, jurors, and witnesses.
Among
the duties specifically required of the clerk by
statute are the following:
receiving and recording
fines snd forfeitures; preparing quarterly account-
l
ings for the state auditor; holding funds in escrow
in civil cases; administering oaths; kee
Ig
ng mili-
tary service records; recording final
j d dgments;
and recording indictments and criminal appeals.
[4 M.R.S.A. S119, 110, 551, 554, 556, 557, 558,
560, 563, 564; State Court Administrator]
3.6 Rule-making..
The Supreme Judicial Court deter-
mines the rules of procedure and the rules of
evidence to be followed in the Superior Court.
Reference Section 1.6.
Courts of limited or Special Jurisdiction
4.1.1 DISTRICT COURT.
The chief judge determines
when court messions will be held.
14 M.R.S.A. 1164]
4.2.1 Organization.
There are 33 divisions of the
District Court, organized into 13 districts.
When
the court sits in juvenile proceeding. it
is called
the Juventle Court:-
(4 M.R.S.A. SS153, 154; 15 M.R.S.A. S3101)
4.3.1 Jurisdiction
a. In criminal cases, the District Court may.
receive guilty pleas in felony cases.
Preliminary
hearings may be conducted to determine whether
there is probable caume to prosecute in Superior
Court.
The court may try any miedemeanor.
The
District Court also holds trial for "civil viola-
tions" (including "traffic infractione"), which are
noncriminal violations of the law that may not be
punishable by imprisonment and for which there im
no right to trial by jury.
Whrle much of the District Court's juris-
diction IS concurrent with either the Superior
Court or the Probate Court, it ham exclumive orig-
inal jurisdiction in small claims cases and ju-
venile matters.
The District Court may hear any
civil case in which the damage. nought do not ex-
ceed $20,000, and no relief other than money dam-
age is sought.
Since there is no jury in Dietrtct
Court, civil jury cases may not be heard there..
Civil cases in which the court shares jurisdiction
with the ftmerior Court are divorce, marital sep-
aration, and domestic relation, matters, and pro-
ceedings to settle property disputes.
b. The District Court ham no appellate juris-
diction.
(4 M.R.S.A. SS152, 165; 14 M.R.f.A. 116651,
7461 et. Lisa.; 15 M.R.S.A. SS806, 3001 et.
Wel., 3101; 19 M.R.S.A. 1588]
4.4.1 Judges (20)
as. The District Court is administered by a
chief judge, who is demignated by the Chief
Justice of the Supreme Judicial Court.
There are
no provisions for presiding judge. for the in-
dividual district,.
b. District Court judges must be members of the
Maine Bar and residents in their districts.
c. District Court judges are appointed by the
Governor and serve 7-year terms.
[4 M.R.S.A. S157]
265
4.5.1 Admink.tration
a. The c
ief judge's responstbilities incluMe
but are not
1
itrd to the following:
approval of
expense etate
nts of other judges; assignment of
judges at large to hold court in any division where
they are needed; supervision of the collection and
publication of tatistice on court bumineme and
conferences held; entablishment of a Traffic Vio-
laTiona Bureau in accordance with the "Model Rulem
Governing Procedure in Traffic Cames;" appointment
and 4etermination of salaries of clerks and cler-
ical\asmietante; authorization and determination
of the salary of the complaint jumticem (reference
SectiO0 6.2); ammignment of judges temporarily
outside their own dietricts; submission of an
annual budget to the Chief Justice or him
delegatel\ and establishment of a Fiehertea and
Wildlife Bureau In each divimion.
b. There are no provisions for an administra-
tor over all the District Courts.
The chief judge
employe, supervisea, and is aasiated by two re-
gional Court.,adminietrators, one for the Northern
Regton and ont, for the Southern Region of the Dis-
trict Court myetem.
Reference Section 5.2.b
(state-level adminiatrator).
c. Clerk. are appointed by the chief judge
where needed.
They can be full-time or part-time.
Their mpecific dutiem Include fixing and taking
bail, and acheduling appearances for thoee charged
with criminal offenmes cognizable by the court.
[4 M:R.S.A. SS157, 159, 160, 161, 163, 164,
State Court Administrator]
4.6.1 Rule-making.
The Supreme Judicial Court de-
termine, the rules of procedure and the rule. of
evidence to be followed in the District Court.
Reference Section 1.6.
4.1.2 PROBATE COURT.
The court its in continuous
seeeion except for legal holiday..
[4 M.R.S.A. S303]
4.2.2 Organizatton.
There is one Probate Court for
each of the 16 counties in the tate.
There are
no mpecialized division, of the court.
4.3.2 Jurisdiction
a. The Probate Court has general jurisdiction
to probate will, and to authorize-executors or ad-
minietrators of estates to perform their duties,
and jurisdiction over adoption., name changes, ap-
pointment of guardians, and persons under guardian-
shape.
Jurisdiction im shared with the Superior
Court tothe direction of specific acts to be done
or property to be restored or transferred, and in
all matters and cases relating to the administra-
tion of entates.
b. The Probate Court ham no appellate juris-
diction.
(4 M.R.S.A. ii251, 252]
4.4.2 Judges
6)
a. The Prob te Court does not have presiding
judge,.
b. Probate Court judges must be residents of
l'heir districts and muset be members of the Maine
Bar.
c. Probate Court judges,are elected within
their respective counties and serve 4-year terms.
[Const., Art. VI, S6; 4 M.R.S.A. S301].
4.5.2 Administration
a. There are no provisions for presiding judges
for the-Probate Court.
b. There Are no provisions for administrators
for the Probate Court.
Reference Section 5.2.b
.(state-level administrator).
c. There is one register of probate for each
Probate Court.
The register has care and custody
of all files, papers, and books belonging to the
probate office.
H. records all wills proved, let-
ters of administration or guardianship granted,
bonds approved, accounts allowed, all petitions and
decrees, and other matters as the judge directs.
The register alio keeps
docket of all probate
cases and a record of each proceeding, and acts as
auditet4of accounts at the judge's request.
118 M.R.S.A. 441-501, 1-504, 1-505).
4.6.2 Rule-making.
The Supreme Judicial Court
prescribes the forms, practice, and procedure, in-
cluding rules of evidence, which are followed in
all proceedings under the Probate Code and all ap-
peals therefrom, provided that the rules are con-
sistent with the provisions of the code and do not
abridge, enlarge, or modify any substantive right.(--
18 M.R.S.A. 11-3041
4.1.3 ADMINISTRATIVE COURT.
The Administrative
Court sits in continuous session.
[State Court Administrator)
4.2.3 Organization.
The Administrative Court is a
statewide court located in Portland.
There are no
specialized divisions of the court.
[4 M.R.S.A. $1151)
4.3.3 Jurisdiction
a. The Administrative Court has jurisdiction
in all cases involving an agency's intention to
suspend, revoke, or refuse a license.
II the Ad-
ministrative Court'judges are disqualifie,
juris-
diction is granted to the District Court.
b. The Administrative Court has no appellate
jurisdiction.
[4 M.R.S.A. 111511
4.4.3 Judges (2)
a. The'Administrative Court does not have a
presiOng judge.
The court consists of an Admin-
istrative Court judge and an associate Administra-
tive Court judge.
b. Administrative Court judges must be members
of the Maine Bar and residents of their districts.
c. Administrative Court judges are appointed
by the Governor, subject to review by the Joint
Standing Committee on the Judiciary and to con-
firmation by the legislature, and serve 7-year
terms.
[4 M.R.S.A. 11151j.
4.5.3 Administration
a. There is no provision for a chief judge for
the Administrative Court.
The Administrative Court
judge, however, is responsible for the efficient
operation of the court and for the proper conduct
of business therein.
b. There is no provision for an administrator
, for the
Administrative Court.
Reference Section
5..2,1i (state-level administrator).
e. The tlerk is appointed by the Chief Justice.
He has responsibilities as determined by the court.
(4 M.R.S.A. 41151; State Court Administrator)
4.6.3 Rule-Making.
Administrative Court Procedures
are governed by Administrative Court rules
thee'
.
uust be approved by the Supreme Judicial Court.
14 M.R.S.A.A1152(5))
State-Level Administration
5.1 General administrative authority.
The Chief
Justice is the head of the Judicial Department.
He is responsible for the efficient operation of
the Judicial Department, for tte expeditious dis-
patch of litigation, and for the proper conduct of
business in all courts.
He may require reports
from all courts, and he may issue orders and regu-
lations necessary for the efficient operation of
the Judicial Department and the prompt and.proper
administration of justice.
Reference Section
1.5.a.
[4 M.R.S.A. ill
5.2 Administrative Office of the Courts
jottte413
a.
111
e Administrative Office of the Courts is
'zed by statute.
(1) The State Court Administrator's posi-
tion is authorized by statute.
b. State Court Administrator
(1) The State Court Administrator must be a
United States citizen.
He must devote full time
to official duties, to the exclusion of any pro-
fession for profit.
The State Cou;t Administrator
is appointed by and serves at the pleasure of the
Chief Justice of the Supreme Judicial Court.
(2) Under the batic statutory enumeration
of the State Court Administrator's duties, he or
she must:
(a)
Carry on a continuous survey and
study of the Judicial Department and assist in
I
long- and short-range planning.
(b)
Examine the status of dockets and
make recommendations to the Chief Justice regarding
t
personnel assignments.
(c)
Investigate complaints about court
operations.
(d)
Prescribe uniform administrative and
business methods.
.
a
(e)
Implement standards and policies set
by the Chief Justice.
(f)
Act as fiscal officer for the Judi-
cial Department.
(g)
Examine arrangements for use and,
maintenance of court facilities.
(h)
Act as secretary to the Judicial
Conference (reference Table 29:
Judicial councils
and conferences).
(i)
Submit an annual report to
thetChief
Justice, legislature, and Governor regarding the
activities of the administrative office.
(j)
Maintain liaison with other branches
of government and agencies.
.
(k)
Prepare and plan for the operatiOn,
*
and organization of clerical offices serving the
Superior Court, and, upon the request of the chief
judge, for the District Court.
(1)
Implement preservice and inservice
educational and training programs for nonjudicial
personnel of the Judicial Department.
(m)
Perform other duties and attend to
other matters consistent with powers delegated by
statute as assigned by the Chief Justice and the
Supreme Judicial Court.
(n)
Make recommendations for a uniform
system voliOratatistics and collect and analyze court-
related4data.
In addition, subject
o the apprOval of
the Chief Justice, the State Court Adminiatrator
must prepare biennially, a consolidated operating
budget for all courts in.the state.
Also'subject
to the approval of the Chie Justice, ,the State
Court Administrator prescribes financial management
procedures to be used in all courts.
266
t)
Figure 2: Maine state-Ievol administrative office of the courts, 1980
r-
State
Court
Adainistretor
o
Fiscal
Director
Accountant
Accounting
Clerks
0
r,
Secretarial
Assistance
.111=1L .11IP
Personnel and
Judicial
Education
Officer
267
Court
Sytoss
Anly of
f 1 r,_) ."-
a....,
....4 . 1
V,
\
e
t
Finally, the State Court Administrator is
responsible for administrative supervision of the
Maine Criminal Justice Sentencing
Institute.
c. Office organisation.
For the performance
of his or her duties, the State Court Administra-
tor is authorized to appoint any
assistants and
employees and to purchase Or lease any equipment,
services, or facilities that may be needed, subject
to the approval of the Chief Justice
and within the
limits of legislative appropriations.
[4 M.R.S.A. 113, 15, 17, 24; State Court Ad-
ministrator]
Quasi-Judicial Officers
6.1 DISTRICT COURT
6.2 Complaint justice
a. Complaint justices are
appointed by and
serve at the pleasure of the
chief judge of the
District Court.
b. Complaint justices may receive complaints
and issue processes for arrest of persons charged
with offenses, issue search warrants, and endorse
certificates of commitment of the mentally ill.
[4 M.R.S.A. $161].
Judicial Discipline
7.1 Committee on Judicial Responsibility and
Disability.
The committee consists of seven okem-
268
bers:
two members, either active or
aciive re-
tired justices of the Superior Court, wive or
active retired judges of the District Court, or
active'judges of the Probate Court, appointed by
the Supreme Judicial Court; two attorneys
admitted
to the practice of law in Maine,
appointed by the
Supreme Judicial Court on recommendation of the
Governor; and three lay persons, appointed by the
Supreme Judicial Court on recommendation of the
Governor.
[Administrative Office of the Courts, "Annual
Report," 1979)
7.2 Authority and procedure for sanction.
The
Committee on Judicial Responsibility and Disabil-
ity is authorized by the Sapreme Judicial Court to
make recommendations to the court regarding dis-
cipline, disability, retirement, or removal of
Supreme and Superior Court justices and judges
of
the District, Probate, and Administrative Courts.
The committee acts on complaints of judicial mis-
conduct by investigating and conducting hearings
on the alleged misconduct.
As the committee is
not a substitute for appeal, the committee's man-
date is narrow and can only inquire into miscon-
duct as defined by the Code of Judicial Conduct and
matters of alleged disability.
The Supreme Judi-
cial -Court may or may not accept the recommenda-
r4n of the committee and may make its own recom-
mendation for removal by impeachment to the legis-
lature or the the Governor.
(State Court Administrator)
MARYLAND
Court of Last Resort
1.1 COURT OF APPEALS.
The court sits in Annapolis.
The term is fixed by court rule, but it cannot be
less than 10 months per year.
[Constitution, Article IV, Section 141
1.2 Organisation.
The Court of Appeals does not
sit in panels.
The constitution requires a quorum
of five judges.
[Const., Art. IV, 114]
1.3 Jurisdiction
a. The Court of Appeals has original jurisdic-
tion over bar disciplinary hearings, judicial dis-
ciplinary hearings, and bar admissions.
The court
also has original jurisdiction over matters dealing
with tbe successor of the Governor.
The Court of
Appeal. has the power to review legislative dis-
tricting and to order reapportionment if the exist-
ing districting is constitutionally defective.
b. The Court of Appeals has appellate jurisdic-
tion over all cases in the Court of Special Appeals
by vrit of certiorari.
The court also has exclu-
sive appellate jurisdiction vith respect to a
question of law certified to it under the Uniform
Certification of Questions of Law Act.
[Const., Art. II, I6(g); Coast., Art. III, 15;
Annotated Code of ,Maryland, Courts and Judicial
?4Proceedings (1974) (hereinafter Code, C.J.),
.
Sections 12-201, 12-307]
1.4 Jud es .(7)
a. The Governor designates one of the judges
of the Court of Appeals to be the Chief Judge.
He
serves in this role until the end of his term.
b. Court ofeipp4als judges must be citiiens of
Maryland, must be qualified voters, must have been
residents of Maryland'for at least 5 year:, must
have been residents of the geographic jurisdiction
they serve for at letst 6 months, must be admitted
to the practice of law in Maryland, must be at
least 30 years old, and must be "most distin-
guished for integrity, wisdom, and sound legal
knowledge."
c. Court of Appeals, judges are appointed by the
Governoz%and confirmed by the Senate.
After 1 year
in office, the judge faces a retention election on
his record; if successful, he is elected to a 10-
year term.
(Coast., Art. IV, 112, SA, 14; State Court
Administrator]
1.5 Administration
a. The Chief Judge is the administrative head
of the state's judicial system.
He exercises ad-
ministration and supervision over the entire court
system tbiough the Maryland Judicial Conference and
the Conference of Circuit Court Judges (reference
Table 29:
Judicial councils and conferences), the
State Court Administrator, the chief judge of the
Court of Special Appeals, the circuit administra-
tive Ages, county administrative judges, Circuit
Court administrators, the chief judge of the Dis-
trict Court, and the district administrative
judges.
Reference Section 5.1 (General
administrative authority).
The Chief Judge has no
specifically articulated duties vith regard to the
administration of the Court of Appeals.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The Court of Appeals appoints a clerk to
serve at its pleasure.
There are no formal provi-
sions for assigning administrative duties to the
clerk.
He exercises general supervisory authority
over employees within his office.
[Coast., Art. IV, 1117, 18; Code, C.J., 12-401;
State Court Administrator]
1.6 Rule-makin
.
The Court of Appeals has the
power to make rules and regulations to govern the
practice and procedure and judicial cipinistration
in the courts of Maryland; this power "is liber-
ally construed."
These rules have the force of
lay, subject to change by the legislature.
There
is also a Standing Committee on the Rules of Prac-
tice and Procedure (made up of lawyers and judges
and other persons competent in judicial practice,
procedure, or administration) that meets periodi-
cally throughout the year.
It recommends new rules
and revisions to existing rules to the Court of
Appeals.
[Const., Art. IV, 118(a); Code, C.J., t11-201,
13-301; Annual Report 1978-79, p. 19]
Intermediate Appellate Court
2.1 COURT OF SPECIAL APPEALS.
The court sits in
Annapolis.
The term is fixed by court rule, but
1
it cannot be less than 10 onths per year.
[Code, C.J., 11-403]
2.2 Or anization.
The Court of Special Appeals
sits in panels of not less than three judges and
has statewide jurisdiction.
[Code, C.J., 111-402, 1-403]
2.3 Jurisdiction
a. The Court of Special Appeals has no original
jurisdiction.
6. The Court of Special Appeals has initial-
appellate jurisdiction over all causes except those
where the Court of Appeals has been granted exclu-
sive appellate jurisdiction.
[Code, C.J., 1112-307, 12-308]
2.4 Judges (13)
a. Th4 Governor designates one of the judges
to be the chief judge.
b. Court of Special Appeals judges must meet
the same qualifications as judges of the Court of
Appeals.
Reference Section 1.4.b.
c.'Court of Special Appeals 'judges are selected
in the same manner and for the same term as Court
of Appeals judges.
Reference Section 1.4.c.
[Coast., Art. IV, 12; Code, C.J., 11-402(a)]
269
1
Juvenile
mstters in
Montgomery
County.
( ,
Figure 1:
Maryland court system, 1980
COURT OF APPEALS
7 judges
Jurisdiction:
- Original jurisdiction over bar dieciplinary
bearinss, judicial dieciplinary hearins., and
ha? admission..
- Certiorari review of Court of Special Appeal..
- Unif9rm Certification of Que.tions of Law Act.
Certiorari
review of
appeal..t
COURT OF SPECIAL
13 judge.
Jurimdiction.
- Exclumive initial appellate juri.diction over
any reviewable judgment of
Circuit Court or
Orphan.' Court.
APPEALS
1
CIRCUIT COURT. (8)
97 EIWIRs0
Jurisdittion
Exclusive juri.diction in civil actions over 0,000.
Concurrent jurisdiction with District Court between
$2,801 to $5,000.
Probate matter. (in Montgomery
nnd Harford Counties).
Felonies, mi.demeanor. (fine greater thad $2,500,
mentence greater than 1 years).
Juvenile matters (except
In Montgomery County).
Appeals di novo and on record.
Appeal. *am certain administrative agencies.
Jury trials.
I.
DISTRICT COURT (12)
87 joie.
Jurisdiction
Exclusive jurisdiction in civil actions Ader $2,500,
landlord and tenant cases, and ryplevin actions.
Con-
current jurisdiction with Circuit Court in civil ac-
tion. from $2,501 to S5,000.
- Small claims criminal came. when penalty 1s less than
re
3 year. imprimorment or fine of $2,500.
Concurrent
juri.diction in mi.demeanors and certain enumerated
felonies if the penalty 1. 3 years or more.
Motor pellicle violation..
Juvenile matter. (in Montgomery County only).
No jury.trials.
114
Indicates route of appeal.
11
De novo appeal.
(except in Harford
er and Montgomery
Counties).
ORPHANS' COURT (22)
66 part-time judges
Juri.diction
- Exclumive juri.diction over
administration of estates of
decedente and inor., orphans,
warde, and guardians.
(Theme matter. are handled by
the Circuit Court in
Montgomery and Harford
Countie..)
**I
1
Court of
lamt
resort
Intermediate
appellate
court
t
When the Circuit Court act, in an appellate capacity for court, of limited juri.diction, the appeals go tn the
Court of Appeals only by wey of certiormri review.
Court of
general
jurisdiction
Court. of
limited
juri.diction
The Eighh Judicial Circuit include. mix courts, referred to colledtively am the Supreme Bench of Baltimore City.
The court. included are&the- Supreme Court of Baltimore City, the Court of Common Pleas, the Baltimore City Court,
the Circuit Court of Baltimore City nd Circuit Court Number 2 of Baltimore City.
r)
e,
A*
;
270
2.5 Administration
a. Subject to the direction of the Chief Judge
of the Court of Appeals, the chief judge of the
Court of Special Appeals is responsible for the
administration of the court.
To the extent appli-
cable, he possesses the authority granted to a
county administrative judge (reference Section
3.5.a).
b. There is no provision for an administrator
for the Court of Special Appeals.
Reference Sec-
tion 5.2.b (state-level administrator).
c. The Court of Special Appeals appoints a
clerk to serve at its pleasure.
There are no
formal provisions for assigning administrative
duties to the clerk.
He exercises general
supervisory authority over employees within his
office.
.
[Code, C.J., 12-401; Maryland Rules of Proce-
.
dure (hereinafter Md. R.) 1200 b; State Court
Administrator]
2.6 Rule-making.
Reference Section 1.6._
Court of General Juris iction
3.1 CIRCUIT COURT.
i determined by the
[Const., Art. IV,
3.2 Organization.
Th
judicial circuits, eac
to five counties.
Th
term of the Circuit Court
ocal jurisdiction.
1121A, 33]
state is divided into eight
of which contains from one
e is a Circuit Court for
each county.
The Eighth Circuit is aferred to as
the Supreme Bench of Baltimore City Rid has the
following divisions:
the Superior Court of Balti-
more City, Court of Common Pleas, Baltimore City
Court, Criminal0Court of Baltimore, Circuit Court
j[of Baltimore City, and Circuit Court No. 2 of
Baltimore City.
[Const., Art. IV, 119]
3.3 Jurisdiction
a. Each Circuit Court has full criminal and
civil jurisdiction in all cases unless exclusive
original jurisdiction has been granted to another
court.
The court also has juvenile jurisdiction,
except in Montgomery County where the District
Court has this jurisdiction.
In the Eighth Cir-
cuit, the Superior Court of Baltimore City, the
Court of Common Pleas, and the Baltimore Cily Court
hear all civil common-law cases.
The Court of
Common Pleas also hears insolvency cases.
The
Criminal Court of Baltimore City handles all crimi-
nal cases and the tlf Circuit Courts of Baltimore
City hear equity cases.
In Montgomery and Harford
Counties, probate matters are handled by the Cir-
cuit Court.
b. The Circuit Court has appellate jurisdiction
over cases tried in District Court and Orphan!'
Court.
In the Eighth Circuit, appeals from the
District Court in civil matters arl heard in the
Baltimore City Court.
[Const., Art. IV, 1120, 28, 29; Code, C.J.,
111-501, 3-803, 12-403, 12-403a]
3.4 Judges (97)
a. There is no provision for a chief judge over
all the circuits ot the ifircuit Court.
Except for
the Eighth JudiciaNCialeuit where the Governor
appoints the chief judge, the senior judge in
length of service in each circuit is the chief
judge of the circuit.
A circuit administrative
judge is appointed in each circuit by the Chief
Judge of the Court of Appeals.
In the absence of
such an appointment, the chief judge of the cir-
alit also serves as the circuit administrative
judge.
The circuit administrative judge, with the
271
approval of the Chief Judge of the Court of
Appeals, may appoint a county adminietrative judge
for any county within his judicial circuit.
In the
Eighth Circuit, the circuit administrative judge
acts as the county administratiVe judge.
b. Circuit Court judges must meet the same re-
quirements as judges of the Court of Appeals.
Ref-
erence Section 1.4.b.
c. Circuit Court judges are elected by the
citizens of their respective counties to 15-year
terms.
They exercise general supervisory authority
over employees within their offices.
[Const., Art. IV, 11.0, 3,
5,
21, Md. R. 1200
c.1, 1200 d.1; State Court Administrator]
3.5 Administration
.a. Whereas there is no provision for a chief
judge over all the circuits of the Circuit Court,
each circuit administrative judge, subject to the
direction of the Chief Judge of the Court of Ap-
peals, is generally responsible for the ad 'nistra-
tion of the several coufts within his circ it and
for the supervision of the county adminis rative
judges within his circuit.
He may perfojm any of
the duties of a county administrative
dge (see
next paragraph), and must call a mee
ng of all
judges of his circuit at least once every 6 months.
The circuit administrative judge also has special
upervisory powers over the remova
es, whicb
may be delegated.
Except for assignments
de by.
the Chief Judge of the Court of Appeals, th
r-
cuit administrative judge for each of the first
seven judicial circuits may assign any tudge of his
circuit to sit as a judge of the Circuit Court of
any county in the judicial circuit.
The Supreme
Bench of Baltimote City performs this function in
the Eighth Circuit.
Subject to the general supervision of tte Chief
Judge of the Court of Appeals and to the direct
upervision of his circuit administrative judge,
particularly with reference to assignment of Judges
and of cases, a county administrative judge is re-
ponsible for the administration of the court for
his county.
His duties Include assignment of
judges.,,supervision of judges, officers, and em-
ployees of the court; supervisiom of court calen-
dars and cases filed; preparation of the budget;
and purchase of equipment, supplies, and services.
Supervision of and responsibility for the employ-
ment, discharge, and classification of personnel
is subject to the approval of a majoriity of judges
of his court.
These functions may be delegated
with the approval of the circuit administrative
judge to any judge or to any committee of judges
of his court, or to any office or employee of the
court.
The chief judges of the individual circuits
have no inherent administrative power or authority,
with the exception of the right to preside when
more than one judge is present.
b. There is no provision for-an administrator
over all the circuits of the Circuit Court.
The
First, Second, Fourth, and Fifth Cgrcuits have
tate-funded Circuit Court administrators.
In the
Third, Seventh and Eighth Ciikuits, the adminis-
trators are locally funded.
In the Sixth Circuit,
the elected clerk of the Circuit Court also serves
as administrator.
Except for those functions that
may be handled by the elected clerks, the Circuit
Court administrators are generally responsible for
management of the courts' calendars; administra-
tion of all staff services; personnel, financial,
and records administration; and management of the
physical plant.
,----
c. Clerks of the Circuit Court are elected by
voters of the counties or cities to 4-year
-.
te
s.
There are no formal provisions for assign-
in
administrative duties to the clerks.
They
ex rcise general supervisory authority over employ-
ees within their Office.
[Const., Art. IV, 1125, 32, 37; Md. R. 1200
C.2(a), 1200 C.2(b), 1200 d.2, 1200 d.3, 1202
b.1; Administrative Office of the Courts,
Annual Report 1975-76, p. 34; Administrative
Office of the Courts Manual, Circuit Court
Administrator position description; State
Court Administrator]
3.6 Rule-making.
Referedce Section 1.6.
Courts of Limited or Special Jurisdiction
4.1.1 DISTRICT COURT.
The district court sits in
continuous session.
[State Court Administrator)
4.2.1 Organization.
The state is divided into 12
judicial districts, each of which contains from 1
to 5 counties.
In multi-county districts there is
at least one District Court judge in residence and
holding court in each county.
Although there are
no specialized divisions in the District Court,
there is a Small Claims Court with a separate
docket.
[Const., Art. IV, 1418; Code, C.J., 111-602
1-603; Md. R. 568)
4.3.1 Jurisdiction
a. The District Court has jurisdiction over
violaeions of vehicle laws, misdemeanors, non-
felonious ordinance violations, and certain stat-
utory theft offenses where the value of the prop-
perty stolen does not exceed $500.
The District
Court has original jurisdictithi in an action in
contract or tort if the amoti t in controversy does
not exceed $2,500; an action for replevin, regard-
less of amount in controveigty; landlord-tenant
actions; distraint or forcible entry and detainer;
and petitions relating to the use, disposition,
encumbrances, or preservation of certain property.
In cases where the amount in controversy exceeds
$2,500 or the potential fine exceeds $2,500, the
District Court's jurisdiction is concurrent with
the Circuit Court up to $5,000.
In Montgomery
County only, the District Court has jurisdiction
over juvenile causes.
b. yhe District Court has no appellate juris-
diction.
[Const., Art. IV, 141A; Code, C.J., 114-301,
4-302,'4-401, 4-402, 4-403; Greenbelt Consumer
Services, Inc. v. Acme Markets, Inc., 272 Md.
222]
4.4.1 Judges (87)
a. There is a chief judge over all the dis-
tricts of the District Court, who is appointed by
the Chief Judge of the Court of Appeals.
He serves
at the pleasure of the Chief Judge.
The chief
judge of the District Court appoints an administra-
tive judge for each district; who serves at the
pleasure of the chief judge.
b. District Court judges must meet the same
.
qualifications as judges of the Court of Appeals.
Reference Section 1.4.b.
c. District Court judges- are appointed by the
41°
vernor from names submitted to him by the Trial
Z
ourt Judicial Nominating Commission (reference
Table 12:
Characteristicstof judicial nominating
commissions).
Upon confirmation by the Senate,
they serve 10-year terms.
-
272
of: II
(Const., Art. IV, 112, 41D, 411,; Code, C.J.,
inistrator)
111-603, 1-607; State C
4.5.1 Administration
a. The chief judge o
the District Court has re
maintenance, administrati
District Court.
Subject
Chief Judge of the Court
r all the districts of
ponsibility for the
n, and operation of the
the approval of the
f Appeals, he appoints
an administrative judge for each district.
The
administrative judge is reaponsible for the admin-
istration, operation, and maintenance of the court
in that district and for the conduct of the court's
business.
b. There are no provisions for administrators
for the District Court.
Reference Section 5.2.b
(state-level administrator).
c. The chief judge appoints a chief clerk who
serves all the districts of the District Court.
The chief judge, with the aid of each district
administrative judge, appoints a chief administra-
tive clerk for each district who serves at the
pleasure of the chief judge.
District Court clerks
perform duties in the administration of the Dis-
trict Court as may be assigned them by the chief
judge or as may be prescribed by rule or law.
[Const., Art. IV, 1141E, 41F; Code, C.J.,
111-605, 1-607, 2-602; State Court Administra-
tor]
4.6.1 Rule-making.
Reference Section 1.6.
4.1.2 ORPHANS' COURT.
Terms of the Orphans' Court
are determined by court rule or order of the re-
spective courts.
In the absence of such
local
rule, court will convene on the second Tuesday in
February, April, June, August, October, December
or more often if necessary.
[Annotated Code of Maryland, Estates and
Trusts (1974) (hereinafter Code, E. & T.),
Section 2-106)
4.2.2 Organization.
There is one Orphans' Court
in each county of the state, with the exception of
Montgomery and Harford counties.
Three judges pre-
side in each' Orphans' Court.
There are no special-
ized divisions of the court.
[Const., Art. IV, 1401
4.3.2 Jurisdiction
a. The Orphans' Court is a probate court.
It
may conduct judicial probate, direct the conduct
of a personal representative, and pass orders that
may be required in the course of the admiaketretion
of an estate of a decedent.
In Montgomery and'
Harford Counties, probate matters are handled by
the Circuit Court.
b. The Orphans' Court has no appellate juris-
diction.
[Const., Art. VI, 120; Code, E. & T
12-102]
4.4.2 Judges (66
art-time)
a. The Cove
desiftates one of the three,
judges elected
ach Orphans' Court to be thy
chief judge-.
THe chief judge serves a 4-year term.
b. Orphans' Court judges must be citizens of
Maryland and exist have been residents of the
counties or cities they serve for 12 months preced-
ing the election.
They need not be metthers of the
bar.
c. Orphans' Court judges are elected to 4-year
terms by the voters of the counties and of the city
of Baltimore.
[Const., Art. IV, 140; Code, E. & T., 12-107;
Kaden v. Board of SuperVisors of Elections, 273
Md. 406, 329A.2d702 (1974); State Court
Administrator]
4.5.2 Administration
a. The chief judges of the Orphans' Court have
no specifically articulated duties with regard to
the administration of the court.
b. There are no provisions for administrators
for the Orphans' Court.
Reference Section 5.2.b
(state-level administrator).
c. There are no provisions for clerks for the
Orphans' Court.
4.6.2 Rule-making.
Reference Section 1.6.
State-Level Administration
5.1 General administrative authority.
The Chief
Judge of the Court of Appeals is the administrative
head of the judicial system of the state.
Refer-
ence Section 1.5.a.
[Const., Art. IV, 118(b)1
5.2 Administrative Office of the Courts
a. The Administrative Office of the Courts is
authorized by statute.
b. State Court Administrator
(1) The position of State Court Administra-
tor is authorized by statute.
(2) The State Court Administrator is ap-
pointed by the Chief Judge of the Court of Appeals
and serves at his pleasure.
There are no formal
qualifications for the position.
(3) The administrative office, under the
management of the State Court Administrator, is
responsible for planning, personnel administration,
budget preparation and administration, judicial
education programs, information systems management,
and equipment acquisition.
The administrative
office also performs secretariat duties for the
Judicial Conference (reference Table 29:
Judicial
councilksand conferences), and liaison duties for
the court system as a whole.
c. Office organization.
The Administrative
Office of the Courts consists of 51.5 people:
28.5
professionals (including the State Court Adminis-
trator) and 23.0 clerical personnel.
The profes-
sional staff provides support services within five
units of the Administrative Office of the Courts:
judicial administrative services, judicial educa-
tion services, judicial information systems, judi-
cial planning services, the statistical auditing
project, and reiearch and special projects.
The
State Court Administrator may appoint personnel
necessary to carry out his duties with the approval
of the Chief Judge of the Court of Appeals.
[Code, C.J., 113-101; Administrative Office of
the Courts Manual, unit descriptions; State
Court Administrator]
Quasi-Judicial Officers
6.1.1 CIRCUIT COURT
6.2.1 Mester and juvenile master
a. Misters of the Circuit Court must be members
of the state bar. Juvenile masters are appointed
by the Circuit Court With the approval of the Chief
Judge of the Court of Appeals.
All other masters
do not require such approval.
All masters serve
at the pleasure of the court.
b. Misters hear cases assigned to them by the
court and make findings and recommendations to the
Circuit Court judge for his disposition.
[Code, C.J., 13-8-13; Md. R. 911e; Para.ud es:
Their Role in Today's Court Systems, p. 43
6.1.2 CIRCUIT COURT
6.2.2 Auditor and examiner
a. Judges may appoint auditors and examiners
for their respective courts as may be found neces-
273
eery.
Auditors and examiners serve at the court's
pleasure.
b. Auditors have power to administer oaths,
and audit and settle accounts agreeable to the
order orthe court.
Examiners have authority to
fix a reasonable day for the examination of wit-
n eeeee and to take evidence.
[Const., Art. IV,
19; Code, C.J. 112-102,
2-501]
6.1.3 DISTRICT COURT
6.2.3 Commissioner
a. Commissioners are appointed by the adminis-
trative judges of the District Courts, with the
approval of the chief judge of the District Court.
In multi-county districts, the administrative judge
obtains the recommendations of the resident judge
in each county as to the number of commissioners
required in the county and the people to be
appointed.
Commissioners must be adult residents
of the county they serve and need not be attorneys.
They serve at the pleasure of the chief judge of
the District Court.
b. Commissioners determine probable cause for
warrants and criminal summonses and conduct bail
hearings.
[Const., Art. IV, 19; Code, C.J., 12-607; State
Court Administrator]
Judicial Discipline
7.1 Commission on Judicial Disabilities.
The com-
mission is composed of seven members who are citi-
zens and residents of Maryland and who are appoint-
ed by the Governor.
Four members are judges
appointed from the appellate courts, the Circuit
Court, the Supreme Bench of Baltimore City, and the
District Court; two are members of the Maryland
Bar; and one member is neither a judge,.active or
retired, nor an attorney.
[Const., Art. IV, 14A]
7.2 Authority and procedure for sanction.
The com-
mission has the authority to investigate complaints
against any judge of the Court of Appeals, the
Court of Special Appeals, the Circuit Court (in-
cluding the Supreme Bench of Baltimore City), the
District Court, and the Orphans' Court; conduct
hearings concerning such complaints; administer
oaths and affirmations; issue processes to compel
attendance of witnesses and the production of evi-
dence; and require persons to testify and produce
evidence by granting them immunity from prosecil-
tion, penalty, or forfeiture.
All proceedings,
testimony, and evidence before the commission is
confidential and privileged, except as provided by
rule of the Court of Appeals.
The record and any
proceeding loses its confidential character when
filed with the Court of Appeals, except as ordered
by the court.
Upon receiving a verified complaint alleging
that a judge has committed actz constituting mis-
conduct in office, or has persistently failed to
perform the duties of his office, or has behaved
prejudicially to the administration of justice, or
that he has a disability seriously interfering with
the performance of his duties which is, or is like-
ly to become permanent, or upon its own motion,
tir
the commission
y conduct a preliminary investi-
gation to dete
ine whether formal proceedings
should be ins ituted.. The judge is notified by
registered mail bf the nature of the complaint
against him and the name of the complainant and can
provide the commission with such evidence as he
chooses.
A majority of the commission can dismiss
Figure 2: Maryland state-le
I administrative office of the chts, 1980
4
Stte
Court
Administrator
D*puty
Stat Court
Adminit rotor
Judicial Plan
ning Srvi cell,
iteear, h and
Special.
Pro ject
Judicil
Educt ion
Se rvic
Judicial
Adminitrat ive
Service
Circuit
Adam nitrt ore
\
Balt imore
City Juvenile
Court
Adminiatrators
a
Judi c i I
Int ormat ion
Systems
A
the complaint if preliminary investigation does not
produce sufficient cause to warrant a hearing.
If formal proceedings are instituted, the judge
is notified by mail.
This notice specifies the
nature of the complaint, and the alleged facts on
which the complaint is based, and is served in
accordance with the Maryland civil rule on service
of process.
Within 15 days of the service of
notice, the judge may file an answer.
After an
answer has been filed, or 151days after service if
no answer is filed, the commission sends notice to
the judge by mail of the date and time of his hear-
I
ins.
Notice must precede the hearing date by at
least 20 days.
A majority of the commission must
be present for a valid hearing.
At the formal hearing, the judge can introduce
evidence in his own behalf, can be represented by
counsel, can examine and cross-examine witnesses,
and can issue summons to compel witnesikes to tes-
tify and to compel written evidence to be produced.
The judge has a right to reference any transcript
prepared by the commission, as well as to have any
part of the testimony transcribed at his expense.
The affirmative vote of a majority of the mem-
bers of the commission present at the hearing is
necessary to recommend censure, removal, reprimand,
275
or retirement of a judge.
The commission files a
copy of the recommendation, as well as transcripts,
findings, and conclusions, with the Court of Ap-
peals, and mails the judge notice of the filing and
a copy of any document it submitted to the court.
The Court of Appeals then notifies the judge of a
date for his hearing.
This date must be within 30
days from the date the recommendations were filed.
The judge can submit exceptions to the recom-
mendations within 15 days after he receives notice
of the filing with the Court of Appeals; the
commission can file answers to such exceptions
within 10 days after the exceptions are submitted.
The proceeding before the court is adversary only
if the commission decides to be represented by
tounsel.
After oral argument, the court can remand
for further proceedings before the commission and
include in its order to remand the specific reasons
for remand, it can dismiss the proceedings entire-
ly, or it can affirm.
A judge can waive a hearing
before the court, and let the court decide on the
evidence before it.
The Court of Appeals can on
its own initiative order a more severe disciplining
of a judge than the commission recommended.
[Const., Art. IV, 14B; Code, C.J., SS13-401,
13-403; Md. R. 1227, 1227f, 1227g to 1227j,
1227n to 12270
I
Figure 1:
Massachusetts court system, 1980
SUPREME JUDICIAL COURT
7 justices
Jurisdiction:
Original jurisdietion in equity matters and cases arising
under petcffic &Unities which cannot be transferred to
lower court.
- Final appellate jurisdiction tn civil and criminal matters.
- Criminal appeals of death or life imprieonment
sentence.
Appellate revive of cases fro. Appeals Court on certification.
Death penelty.
Life imprisonment.?
APPEALS COURT
10 justicee
Jurisdiction:
- Civil actions, equity matters, adminis-
trative appealm, and proceeding. rolat-
tns to xtraordinary writs.
Criminal
setters (except death or life Imprison-
ment).
TRIAL COURT Of THE COMMDWEALTH
264 justices
SUPERIOR COURT DEPARTMENT (14)
$6 justices
Jurisdiction.
- Original jurisdiction in all civil
and criminal matters except where
another department has exclusive
original jurisdiction
Hears appeals of civil, criminal,
and juvenile delinquency case. from
this and other departments in an
Appellate Division.
Jury trisls.
DISTRICT COURT DEPARTMENT (69)
1$1 justices
Jurisdiction:
- Unlimited original civil Juris-
diction.
Smell claims under
- felonies (sentence lass than
five yeare), misdemesnors,
municipal ordinance violations.
Appeals of cases originating in
this department heard in sn
Appellate Division.
Jury trials (6-per.on).
BOSTON MUNICIPAI COURT DEPARTMENT
9 justices
Jurisdiction.
- Civil matters.
- Felonies (fine less than $5,000,
sentence le.. than 5 years).
Mis-
demeanor., moicip.1 ordinance
violations.
Appeals of cases originating in
this department heard in an
Appellate Division.
Jury trials (6-person).
JUVENILE COURT DEPART-
MENT (4)
7 justices
Jurisdiction:
(Located tn Boston, Wor-
cester, Springfield,
and Bristol.)
All juvenile 'utters.
Jury trial. (6-person).
HOUSING COURT DEPARTMENT (2)
justices
Jurisdiction.
(Located in Hampden County
and the City of Boston.)
Matters (civil and crim-
inal) relating to health,
safety, or welfire of
occupant in place of human
habitation.
LAND COURT DEPARTMENT
justices
Jurisdiction.
Lion6 confirmation and
regi.tration and
related matters.
PROBATE AND FAMILY COURT
DEPARTMENT (14)
13 justices
Jurisdiction'
- Exclusive jurisdiction in
domestic relations, pro-
bate of wills, admin-
istration of estates,
divorce and annulment,
guardianahip, adoption
amtter., and name
Equity.
ItIndicates route of appeal.
t
Appeals generally say be taken to either the Appeals Court or the Supreme Judicial Court with th: Supreme Judicial Court
deciding which court will hear which case.
,1
276
=MEM/
mNR.I
Court of
last
resort
Intermediate
appellate
court
Court of
genersl
jurisoiction
MASSACHUSETTS
Court of Last Resort
1.1 SUPREME JUDICIAL COURT.
The Supreme Judicial
Court sits en banc, at Boston to hear questions of
law, beginning on the Hist Monday of October,
November, December, January, Pabruary,.March,
April, and May, and at such other times or places
as the court may order.
[Massachusetts General Laws Annotated (herein-
after Hass. Gen. Laws Ann.) (citations drawn
from the 1978 court reorganization act note
the date of the legislatiOn), Chapter 211,
Section 12
;
Rules of the Supreme Judicial
Court of Massachusetts,-Rule 1.26]
1.2 Organization.
The court does not sit in
panels.
Questions of law, arising upon exceptiops
filed to a judge's ruling, the report of a judie,
or an appeal from a final order are heard a
determiined by the full court.
(Mass. Gen. Laws Ann., Ch. 211, 151,
1.) Jurisdiction
a. A single justice of the Supreme
1
Court may exercise original jurisdiction in equity
matters ssncurrent with the Superior Court Depart-
ment of The Trial Court.
Original jurisdiction is
exercised by a majority of justices in the removal
of certain officers (clerks of court, tounty com-
missioners, registers of probate and insolvency,
district attorneys, and land court recorders).
Exclusive original equity jurisdiction remains in
the Supremo Judicial Court in cases arising under
specific statutes and which cannot be transferred
to a lower court.
The court may issue necessary
writs and process.
b. The Supreme Judicial Court has exclusive
appellate jurisdiction in cases of first degree
mdrder where a sentence of death or life imprison-
ment is imposed, in any case that the Supreme Jud-
icial Court or the Appeals Court certifies for dir-
>ect review, or any case that has broad public con-
cern.
The Supreme Judicial Courf has appellate re-
view of cases decided by the Appeals Court only on
certification.
[Mass. Gen. Laws Ann., Ch. 211, 113, 4, 4A, 17,
Ch. 211A, 1110, 11, Ch. 213, 11A, Ch. 214,
11]
1.4 Justices (7)
a. The Chief Justice is selected to serve until
age 70.
b. Supreme Judicial Court justices' qualifica-
tions ea
not set by statute.
In practice, they
have traditionally been attorneys.
c. Supreme Judicial Court justices are ap-
1.5 Administration
The Supreme Judicial Court exercises adminis-
tration and supervision over the entire court sys-
tem through the Chief Justice, the Appeals Court
chief justice, the administrative sssss tant of the
Supreme Judicial Court, the Chief Administrative
Justice of the Trial Court, and the departmental
administrative justices.
Reference Section 5.1
(General administrative authority).
a. The Chief Justice prepares the budget for
the Supreme Judicial Court.
He may assign consent-
ing retired justices to temporary service in any
court.
b. The justices of the Supreme Judicial Court
may appoint an administrative assistant to serve
at their pleasure.
He has such powers and performs
such duties as they determine.
There are no formal
provisions regarding qualifications and specific
responsibilities for the administrative assistant's
position.
c. The justices appoin
the clerk of the
(Supreme Judicial Court and m
appoint an assistant
clerk.
The justices appoint Ifirst assistant clerks
1 for the counties of Barnstabl
Bristol, Essex,
Hampden, Middlesex, Norfolk,
lymouth, Worcester,
and Suffolk.
Except in Suffolk County, assistant
clerks of the Supreme Judicial Court act as first
assistant clerks of the Superior Court Department
and as cdunty commissioners.
Additional assistant
clerks may be appointed as provided by law.
In
practice, the clerks of the Supreme Judicial Court
hive supervisory duties.
There are no formal pro-
visions for assigning administiative duties to
clerks in addition t
eir clerical and paraju-
dicial functions.
[Hass. Gen. Laws Ann.,
h. 211, 552A (1978),
3A, 3B, 24 (1978), Ch. 221, 111 (1978), 3, 4
(1978), 5 (1978), 62B (1978); Chief Administra-
tive Justice Of the Trial Court]
1.6 Rule-mikinE.
The Supreme Judicial Court is
authorized to make and promulgate rules consi6ten0
with law for the regulation of its practice and
conduct of its business.
The Supreme Court has
general superintendence over all courts.
Rules of
court administration have not been promulgated.
's
[Hass. Gen. Laws Ann., Ch. 211, 53, Ch. 213,
53 (1978)1
Intermediate Appellate Court
2.1 APPEALS COURT.
The court sits at Boston begin-
ning on the second and third Mondays of October,
pointed to serve during good behavior until age 70
November, December, January, yebruary, March,'
by the Governor with the advice and consent of the
April, and Hay, and at such other places or times
Executive Council.
By executive order, the Gover-
as the chief justice of this court may order.
nor has established a Judicial Nominating Commis-
[Hass. Gen. Laws Ann., Ch. 211A, 54; Massa-
sion (reference Table 12:
Characteristics of Judi-
chusetts Appeals Court Rules for the Regu-
ciaki-nominAting commissions), appointed by him, to
lation of Appellate Practice, Rule 1:26]
assist in the screening of applicants and nominees.
2.2 Organization.
The Appeals Court, wl?ich con-
(Constit
ion Part 2, Chapter 2, Section 1,
silts of 10 justices, may oit in panel. of three
Article
;
Conet. lit.
2, Ch. 3, Art. 1; Chief
or Fora as assigned by the chief justice.
Admini tgative Justice of ths Trial Court]
(Mass. Oen. Laws Ann., Ch. 211A, 111 (19716, 3]
277
t
2.3 Jurisdiction
4
a. The Appeals Court has no original jurisdic-
tion.
b. The Appeals Court has concurrent appellate
jurisdiction with the Supreme Judicial Court over
proceedings heard in the Trial Court in criminal
mAtters except in cases where life
impris6nment or
the death sentence is imposed, and in civil and
equity matters, administrative determinations, and
proceedings relating to extraordinary writs.
.
(Mass. Gen. Laws Ann., Ch. 211A, 510]
2.4 Justrces (10)
.
a. The chief justice is selected in the same
manner as the other justices, but is designated
chief justice and serves until age 70.
b. Qualifications of Appeals Court justices are
not et by statute.
In practice, justices have
tradiyonally been attorneys.
.
c. Appeals Court justices are selected in the
same manner as Supreme Judicial Court Justices.
Reference Section 1.4.c.
lConst. Pt. 2, Ch..2, 51, Art..9; Const. Pt.
2, Ch.
3, Art.
1, Chief Administrative Justice
of the Trial Court]
2.5 Administration
a. the chief justice of the Appeals Court pre-
pares the court budget to be,submi.tted to the Chief
Justice of the Supreme Judicial Court.
In addl.-
' tion, he assigns consenting retired Appeals Court
juttices to temporarily perform judicial duties in
thit court or the Trial Court.
t
b. There is no provision for an administrator
for the Appeals Court.
The clerk serves as the
administrative officer of the court, performing
chiefly clerical functions.
c. The first assistant clerk of thp Supreme
Judicial Court for Suffolk County is the clerk of
the Appeals Court.
He appoints five
ssistant
clerks, who serve, after a 2-year pr
ationary
term, until age 70 during good behavi r.
In prac-
tice, the clerk of the Appeals Court has supervis-
ory duties.
There are no provisions for assigning
administrative duties to the clerk.
[Mass. Gen. Laws Anni, Ch. 211A, 557 (1978),
8,
16 (1978), Ch.- 221, 594 (197
2.6 Rule-making.
The Appeals Court'Alubject
to the
approval of the Supreme Judicial court, adopts
rules regulating practices, procedures, and inter-
nal administration of the court.
iMass. Gen. Laws Ann., Ch. 211A, S13; Chief
Administrative Justice of the Trial Court]
Court of GeneraltJurisdiction
3.1 TRIAL COURT OF THE COMMONWEALTH
The 1978 court reorganization created a unified
Trial CoUrt of the Commonwealth consisting of seven
departments:
the Superior Court, the Housing
Court, the Land Court, the Probate and Family
Court, the Boston Municipal Court, the Juvenile
Court, and the District Court Departments.
[Mass. Cen.'Laws Ann., Ch. 211B, SI (1978)]
3.1.a SUPERIOR COURT DEPARTMENT.
Statutes specify
21 regular sittings of the Superior Court Depart-
ment.
The administrative justice may establish
special sittings.
[Mass. Gen. Laws Ann., Ch. 212, 5514, 14A
(1978)]
3.2.a Organization.
The Superior Court Department
holds sessions in 14 counties.
The Superior Court
Department has an-Appellate Division that hears
appeals on sentences in criminal cases.
278
(Mass. Gen. Laws Ann., Ch. 212, 114; Annual
Report, 1979]
3.3.a Jurisdiction
a. The Superior Court Department hai original
jurisdiction in all criminal actions and in all
civil actions except in cases where another depart-
ment has exclusive original jurisdiction.
The
Superior Court Department has exclusive original
jurisdiction in civil actions for the foreclosure
of mortgages, and in real and mixed actions, except
those in which the Land or District Court Depart-
ments have jurisdiction; in complaints for flowing
lands (lands that go under water due to alteration
of a river); and in claims against the common-
wealth.
The Superior Court Department has exclu-
sive jurisdiction in all actions in which injunc-
tive relief is sought in any matter growing out of
a labor dispute.
b. The Superior Court Department has jurisdic-
tioc in all civil actions and proceedings brought.
before it by appeal or removal.
The Appellate Di-
vision of the Superior Court Department hears ap-
peals on sentences imposed at first instance crim-
inal trials held within the department.
Civil
actions remanded from the Superior Court Dev(rtment
to the District Court and Boston Municipal Court
Departments for an initial bench trial may be ap-
pealed to the Superior Court Department for a jury
trial de novo.
[Mass. Gen. Laws Ann., Ch. 212, SS3, 4, 5, 6,
(1978), Ch. 214, SI, Annual Report, 1979]
3.4.a Justices (56)
a. EachcIspartment of the Trial Court has an
administratin justice appointed by the Supreme
Judicial Court to a 5-year term.
He cannot succeed
himself.
b. Qualifications of SuPerior Court Department
justices are not set by statute.
In practice; jus-
ticee have traditionally been attorneys.
c. All Trial Court justices are appointed to
serve during good behavior until age 70 by the
-
Governor with the advice and consent of the Execu-
tive Council.
By executive order, the Governor hss
established a Judicial Nominating Commission (re-
ference Table 12:
Characteristics of judicial
nominating commissions), appointed by him, to assist
in the screening of applicants and nominees.
lConst. Pt.
2, Ch. 2, SI, Art. 9; Mass. Gen.
Laws Ann., Ch. 211B, 552 (1978), 5, Chief
Administrative Justice of the Trial Court]
3.5.a Administration
a. Subject to the superintending power of the
Supreme Judicial Court and the administrative au-
thority of the Chief Administrative Justice of the
Trial Court (reference Section 5.2.8), the adminis-
trative justice is the administrative head of his
department, per clerks, and other. officers.
. He has responsibility for the administrative
management of the personnel, staff services, and
business of his department Including financial
administration and budget preparation, record-
keeping, information systems and statistical
controls, purchasing, the planning of construction,
caseflow management, and sitting assignments for
the justices of his department.
b. There are no provisions for administrators
for the separate departments of the Trial Court.
Reference Section 5.2.b (state-level administra-
tor).
c. There are two elected clerks for the Supe-
rior Court Department of Suffolk County.
In each
of the other counties there is one elected clerk.
f)(1 p.
%,
The justices of the Supreme Judicial Court may
appoint first assistant clerks, and the clerks of
court may appoint additional sssss tent clerks, as
provided by law.
There are no formal provisions
for assigning administrative duties to the clerks,
in addition to their clerical and parajudicial
functions.
[Mass. Gen. Laws Ann., Ch. 211B, 110 (1978),
Ch. 221, 113, 4 (1978), 5 (1978), 14 et. seq.
(1978), 62B (1978)1
3.6.8 Rule-making.
The Superior Court Department
is authorized to make and promulgate rules consis-
tent with law for the regulation of its practice
and conduct of its business.
Rules of court admin-
istration have not been promulgated.
(Mass. Gen. Laws Ann., Ch. 213, 13 (1978)1
3.1.b HOUSING COURT-DEPARTMENT.
The Housing Court
Department sits in continuous session.
(Mass. Gen. Laws Ann., Ch. 185c, 15]
3.2.b Organization.
The Housing Court Department
is codpased of a division for Hampden County and a
division for the City of Boston.
(Mass. Gen. Laws Ann., Ch. 185C, 11 (1978)1
3.3.b Jurisdiction
a. The divisions of the Housing Court Depart-
ment have jurisdiction concurrent with the Superior
Court and District Court Departments over all crim-
inal actions and all civil actions arising in their
geographical jurisdiction as defined by statute.
They have jurisdiction as is concerned with the
health, safety, or welfare of any occupant of any
plAce used as a place of human habitation.
They
also have jurisdiction in equity concurrent with
the divisions of the District Court Department, the
divisions 4 the Probate and Family Court Depart-
ment, the Teperior Court Department, the Appeals
Court, and the Supreme Judicial Court.
In all
matters within their jurisdiction, the divisions
have all the powers of the Superior Court Depart-
ment including the power to grant temporary
restraining orders and preliminary iniunctions, and
have Jike power and authmrity for enforcing orders
sentences, and judgments, and for punishing con-
tempts.
b. The Housing Court Department has no appel-
late jurisdiction.
[Mass. Gen. Laws Ann., Ch.
158C, 13 (1978)1
3.4.b Justices (3)
a. Reference Section 3.4.a.a.
b. Housing Court Department justices' quSlifi-
cations &re not set by statute.
In practice, they
have traditionally been attorneys.
c. All Trial Court Justices are selected as
indicated in Section 3.4.a.c.
They serve for life
(Chief Adminiltrative Justtce of the Trial
Court)
3.5.b Administration
a. The position of addinistrative Justice of
each department of the Trial Court is described in
Section 3.5.a.a.
b. There are no provisions for administrators
for the separate departments of the Trial Courts.
Reference Section 5.2.b (state-level administra-
tor).
c. A clerk is appointed by the Governor, with
the advaLm.and consent of the Judicial Council
(reference Table 29:
Judicial councils and confer-
ences), to each division of the Housing Court De-
partment.
In practice, the clerks have supervisory
duties.
There are no formal provisions for assign-
ing administrative duties to the clerks.
(Mass. Gen. Laws Ann., Ch. 185C, S9 (1978);
Chief Administrative Justice of the Trial
Court]
3.6.b Rule-making.
The administrative justice of
the Housing Court Deeartment makes general rules
and forms .of procedufe that must be approved by the
Supreme Judicial Court or a justice thereof.
[Mass. Gen. Lava Ann., Ch. 185C, S7 (1978)]
3.1.c LAND COURT DEPARTMENT.
The Land Court
Department sits in continuous session.
[Mass. Gen. Laws Ann., Ch. 185, 111
3.2.c Organization.
There is one statewide court
in the Land Court Department, which sits at Boston,
but hearings may be held elsewhere.
[Mass. Gen. Laws Ann., Ch. 185, 11 (1978)1
3.3.c Jurisdiction
a. The Land Court Department has exclusive
jurisdiction throughout the state in suits to con-
firm title to land, foreclosures, writs of entry,
validity of encumbrances, the discharging of mort-
gages, the transferring of interests in real
estate, determination of boundaries, and determina-
tion of validity of municipal zoning.
Its juris-
diction is concurrent with the Superior Court
Department and the Supreme Juclicial Court in all
cases in equity involving right, title, or interest
in land.
b. The Land Court Department has no appellate
jurisdiction.
Ness. Ggn. Laws Ann., Ch. 185, 111
3.4.c Justices (3)
a. Reference Section 3.4.1.a.
b. Qualifications of Land Court Department jus-
tices are not set by statute.
In practice, jus-
tices have traditionally been attorneys.
c. All Trial Court justices are selected as
indicated in Section 3.4.a.c.-
(Chief Administrative Justice of the Trial
Court]
3.5.c Administration
a. The position of administrative justice of
each department of the Trial Court is'describect in
Section 1,5.a.a.
b. There are no provisions for administrators
for the separate departments of the Trial Court.
Reference Section 5.2.b (state-level administra-
tor).
e% A recorder is appointed by the Governor with
the advice and consent of the Judicial council
(reference Table 29:
Judicial councils and confer-
ences) to serve as clerk of the Land Court Depart-
mnent.
In practice, the clerk has supervisory du-
ties.
There are no formal provisions for assigning
administrative duties to the clerk.
[Maas. Gen. Laws Ann., Ch. 185, 16 (1978),
Chief Administrative Justice of the Trial
Court]
,
3.6.c Rule-making.
From time to time the Land'
Court-makes general rules and forms for procedure,
which must be approved by the Supreme Judicial
Court or by a Justice thereof.
(Mass. Gen. Laws Ann., Ch. 185, 11]
3.1.d PROBATE AND FAMILY COURT OEPARTMENT.
The
Probate and Family Court Department sits in Con-
tinuous session.
(Mass. Gen. Lava Ann., Ch. 215: 1158]
3.2.d Organization.
The Probate and Family Court
Department consists of 14 divisions, one for each
county.
Nass. Gen. Laws Ann., Ch. 215, 11 (1978))
279,
3.3.d Jurisdiction
a. The Probate and Family Court Department
has
exclusive jurisdiction in probate of wills, admin-
istration of estates, divorce and annulment,
appointment of guardrans, adoption, and name
changes.
It has concurrent jurisdiction with the
SupericOr Court Department in equity cases, except
for injunctions in labor disputes.
oo
b. The Probate and Family Court Department has
no appellate jurisdictton.
[Mass. Gen. Laws Ann., Ch. 215, 113, 61
3.4.d Justices (33)
a. Reference Section 3.4.a.a.
b. Qualifications of Probate and Family Court
Department justices are not set by statute.
In
practice, Justices have traditionally been attor-
neys.
c. All Trial Court justices are selected
As
indtcated in Sectton 3.4.a.c.
(Chief Admintetrattve Justice of the Trial
Court)
3.5.d Administration
a. The position of administrative justice
of
each department of the Trial Court is described in
Section 3.5.a.a.
b. There are no provisions for administrators
for the separate departments of the Trial Court.
Reference Section 5.2.b (state-level administra-
tor).
c.
In each county a register is elected to
serve a 6-year term in the Proate and Family Court
Department.
The register has responsibility for
the following duttes
caring for and having cus-
tody of all books, documents, and papers pertaining
to his Court, deposited with the records of
insolv-
ency, or filed in the registry of probate; supply-
ing county officials with appropriate documents,
and accounting for and paying over to the state
treasurer all fees and compensation that have been
received by him other than salary.
He is also
responsible for issuing all processes and all war-
rants, letters, and licenses necessary to carry in-
to effect any order, judgment, or decree
of the
court.
In addition, he has responsibility for
receiving or plactng on file complaints, petitions,
and applications to the Probate Court or the court
of tnsolvency and issuing orders of notice, sum-
monses, and citattont, if required.
He is respon-
sible for other duties as required by law or pre-
scrtbed by the judge.
[Mass. Gen. Laws Ann:, Ch. 54, 1156, Ch. 217,
14,
13, 15, 16,
18, 19, 20, 21, 221
3.6.d Rule7making.
The judges of the department
prescribe forms and make rules for regulating the
practice and Conducting the business
in their
courts.
The Supreme Judicial Court may alter and
amend or make other rules and forms for the courts
as tt considers necessary.
Ness. Gen. Laws Ann., Ch. 215, /30)
3.1.e BOSTON MUNICIPAL COURT DEPARTMENT.
The
Boston Municipal Court Department sits in continu-
ous sssss on.
[Mass. Gen. Laws Ann., Ch. 218, $381
3.2.e Organization.
There is one court., in the
Bostlp Municipal, Court Department.
The-edministra-
tive justice designates at least one division of
the court for the purpose of hearing appeals to a
jury of "six.
-
[Mass. Gen. Laws Ann:, Ch. 218, 1127A, 50
(1978))
280
3.3.e Jurisdiction
a. The Bostdn Municipal Court Department has
criminal jurisdiction concurrent with the Superior
Court Department in statutorily specified offenses
(misdemeanors, municipal ordtnance violations, and
felonies punishable by less than 5-years imprison-
ment) committed in its geographical jurisdiction.
The Boston Muntcipal Court Department has jurisdic-
tion in all civil actions in which money damages
are sought, if at least one defendant lives or
works in Suffolk County.
b. The Boston Municipal Court Department holds
jury of six sessions for the purpose of hearing
first Instance criminal complaints and de novo sp-
peals'from the 9 district level courts in Suffolk
County.
The Appellate Division hears appeals of
civil cases previously decided
by the department.
1Mass. Gen. Laws Ann., Ch. 218, 1S26, 27A, 541
3.4.e Justices (9)
a. Reference Section 3.4.a.a.
b. Qualifications of Boston Municipal Court De-
partment justices are nor set by statute.
In prac-
tice, justices have traditionally been attorneys.
c. All Trial Court justices are selected as
indicated in Section 3.4.a.c.
1Chief Admtnistrative Justice of the Trial
Court)
3.5.e Administration
a. The posttion of admintstrative justtce of
each department of the Trial Court is described in
Section 3.5.a.a.
b. There are no provisions for administrators
for the separate departments of the Trial Court.
Reference Sectton 5.2.b (state-level admi9tstra-
tor).
c. Two clerks are appointed by the Governor
with the advice anb consent of the Judicial Coun-
cil to the Boston Municipal Court Department.
In
practice, the clerks have supervisory duties.
There sre no formal provisions for assigning admin-
istrative duties to the ilerks.
(Mass. Gen. Laws Ann., Ch. 218, S8; Chtef
Admintstrative Justice of the Trial Court)
3.6.e Rule-maktna.
The justtces of the department
may, subject to the Approval of the Supreme Judi-
cial Court, make rules regulating Its practice and
for conducting Its business.
(Mass. Gen. Laws Ann., Ch. 218, J50 (1978)1
3.1.f JUVENILE COURT DEPARTMENT.
The Juvenile
Court Department sits in continuous sessions.
[Mass. Gen. Laws Ann., Ch. 218, 1381
3.2.f Organization.
The department is composed of
four divis[ons, sitting at Boston, Worcester,
Springfield, and Bristol.
[Mass. Gen. Laws Ann., Ch. 218, S57 (1978))
3.3.f Jurisdiction
a. Within their territorial limits, the divi-
sions of the Juvenile Court Department have juris-
diction IA cases involving juvenile offenders under
age 17; neglected, dependent, or delinquent
child-
ren; and adults contributing to the
delinquency ,of
children.
b. The Juvenile Court Zepartment has no appel-
late jurisdiction.
[Mass:. Gen. Laws Ann., Ch. 218, 660)
3.4.f Justices (7)
a. Reference Section 3.4.a.a.
b. Qualifications of Juvenile Court Department
justices are not Set by statute.
In pi-actice, jus-
tices have traditionally been attoreeys.
C. All Trial Court justices are selected as in-
dicated in Section 3.4.a.c.
(Chief Administrative Justice of the Trial
Court]
i.s.f Ailministrati)n_
a. The pusiti ,r1 of administrative justice of
each department of the Trial Court
is described in
Section 3.5.a.a.
b. There are no provisions for administrators
for the separate departments of the Trial Court.
Reference Section 5.2.b (state-level administra-
tor).
c. A clerk is appointed by the Governor, with
the advice and consent of the Judicial Council to
each division of the Juvenile Court Department.
In practice, the clerks have supervisory duties.
There are no formal provisions for assigning admin-
istrative duties to the clerks.
[Mass. Gen. Laws Ann., Ch. 218, 558 (1978),
Chief Administrative Justice of the Trial
Court]
3.6.f Rule-making.
The administrative justice for
the department may provide procedural forms and
make general rules in reference to practice and
procedure for conducting businesi in the Juvenile
Court Department or in the juvenile sessions of the
District Court Department, subject to the approval
of the Supreme Judicial Court.
[Mass. Gen. Laws Ann., Ch.
218, 560 (1978)1
3.1.g DISTRICT COURT DEPARTMENT(
The District
Court Department sits in continuous session.
[Mass. Gen. Laws Ann., Ch. 218, 5381
3.2.5 Organization.
The District Court Department
consises of 69 geographical divisions.
The admin-
istrative justice for the District Court Department
designates at least one division in each county to
hear appeals to a jury of six.
[Mass. Gen. Laws Ann., Ch. 218, 551, 27A
(1978)]
3.3.8 Jurisdiction
a. The DistrictCourt\pepartment has criminal
jurisdiction
con
rent with the Superior Court
Department,
ies punishable by imprisonment
of not mo4e
ars, all misdemeanors except
libel, vip
munickpal ordinances, and
other sta
ned crimes.
It also conducts
probable
,
regardless of final juris-
diction..
?Court Department has un-
limited t
tion conctrrent with the
Superior Court DePart ent, and exclusive juvenile
jurisdiction if no separate Juvenile Court bepart-
ment exists.
It hears support cases, municipal
code violations, petitions to award compensation
to victims of violent crimes, and sma11 claims up
to $750.,,,
b. The District Court hears appeals in cases
to jury-of-six sessions of criminal defendants pre-
viously found guilty in the District Court.
It
also hears juvenile appeals for jury tr,ial
from it-
self or from the Juvenile Court Department.
[Mass. Gen. Laws Ann., (h.
111, S127, Ch. 119,
S2.4,
56, Ch. 123, 18, Ch. 218, SS19, 21,
26(1978), 30, Ch. 258A,
52, Ch. 273A1
3.4.g Justices (153)
a. Reference Section 3.4.a.a.
b. Qualifications of District Court justices
ere not set by statute.
In practice, justices have
traditionally been attorneys.
c. All Trial Court justices are selected as
indicated in Section 3.4.a.c.
231
(Chief Administrative Justice of the Trial
Court)
3.5.g Administration
a. The position of administrative lu,tiLe
flt
each department of the Trial Court
is described in
Section 3.5.a.a.
b. There are no provisions for administrators
for the separate departments of ihe Trial Court.
Reference Section 5.2.b (state-level administra-
tor).
c. A clerk is appointed by the Goverapr, with
the advice and consent of the Judicial Council to
each District Court Department.
In practice, the
clerks have supervisory duties.
There are no for-
mal provisions for assigning administrative duties
to the clerks.
[Mass. Gen. Laws 5nn., Ch. 218, 58; Chief
Administrative Justice of the Trial Court)
3.6.g Rule-making.
The adminiatrative justice of
the department is responsible for making and pro-
mulgating rules of practice and procedure, subject
to the approval of the Supreme Judicial Court.
[Mass. Gen. Laws Ann., Ch. 218, S43 (1978)1
Court of Limited or Special Jurisdiction
4.0 There are no courts of limited jurisdicti'on in
Massachusetts.
These courts were incorporated in
the general jurisdiction court by the passage of
the 1978 court reorganization act which created the
unified Trial Court.
[Mass. Gen. Laws Ann., Ch.
21113,
51 (1978)1
State-Level Administration
5.1 General administrative authority.
The Supreme
Judicial Court approves rules and regulations pro-
mulgated in the Trial Court.
The justices may pro-:
vide tor the holding of conferences of judges and
members of the bar.
Subject to the superintending
power of the Supreme Judicial Court, the Chief
Administrative Justice is the administrative head
of the lrial Court of the Commonwealth.
Reference
Section I.5.a.
[Mass. Gen. Laws Ann., Ch. 185C, 57 (1978), Ch.
211, S38 (1978), Ch. 21IA, 513, Ch. 211B, 59
(1978), Ch. 213, 53 (1978), Ch. 215, 530, Ch.
.218, S543, 50, 60 (1978)1
5.2 Office of the Chief Admknistrative Justice of
the Trial Court
a. The office is authorized by statute.
b. Chief Administrative Justice of the Trial
Court
(1) The position of Chief Administrative
Justice is established by statute.
(2) The Chief Administrative Justice is
selected by the $upreme Judicial Court from a list
of three justices submitted by the justices in each
department.
The Chief Administrative Justice must
be a justice of one of the departments of the Trial
Court.
He serves a 7-year term and may not succeed
himself.
(a) The Chief Administrative Justice has the
following responsibilities
prepare and submit to
the Chief Justice of the Supreme Judicial Court the
budget for the entire Trial Court; assign justices
from one department to another, subject to certtin
statutory specifications, and investigate reports
of noncompliance of Trial Court justices, and, as
necessary, reports such justices to the Supreme
Judicial Court.
r)(11
t
a
4
Oil
I
t
Figure 2:
Massachusetts state-level administrative office of the courts, 1980.
c! -
,.....
i
0
...
Chief
Administrative
"t
Justice
'
#
Trial
*
Court
Administrator
Administrativd
Sec retry
44
g.
LL
L
____L___
_i__ _i_. _i___.
Employte
r-
Personnel
r-
Relations
Department
'Department
1
1
1
Manager
Director
1'
Personnel specialist
1
Rdic tion
Associate counsel
,
S
!facia
r--
Affairs
Department
1
1
1
Masager
Budget analtsis
1
Grant management
Accounting
1
Bookkeeping
1
1
1
1
1
.D
ProcAliril
Department
Manager
Project leader(s)
- Programmer(*)
Lead programmer
- Keypunch
Research
and
Development
Department
-
Legal
Departmecl
1
1
1
1
I
i
Manager
J
PlannLng
Public informati n
- Manager
Adminiatrative
attorney -
s
r
Secretarial Assistance
c
r
1
(4) The position ,of Administrator of Courts
was authorized by the *78 court reorganization act
of the legislature.
The Court Administrator 14
appointed by the Chief Xdministrative Justice with
the approval of the Supreme Judicial Court.
The
Codrt Administrator performs, such duties and fe-
sponsibilities ss the chief administrative justice
may designate.
c. Office organization.
The Trial Court Admin-
istrative Office Is divided Into six departments
and consists of 45 people:
37 professionals (In-
cluding the Chief Administrative Justice of the
Trial Court) and 8 clerical personnel.
The profes-
sional staff provides support services In the fol-
lowing areas.
systems analysis, programming, com-
puter operations, records management, forms de-
velopment, and field representation; services of a
court officer, payroll, accounting, budgeting, and
grant mana.went, education and training, personnel
systems and employee relations, legislative, execu-
tive, public, and media Information, legislative
liaison, and executive liaison, and planning and
research activities, which Include statistical com-
pilation, judicial planning, research, evaluation,
statistical analysis,.legal services, and legisla-
tive drafting.
[Mass. Gen. Laws Ann., Ch. 211B, 446 (1978),
9
(1978),
11 (1978),
12 (1978), Chief Administra-
tive Justice of the Trial Court]
Quasi-Judicial Officers
6.1.1 SUPERIOR COURT DEPARTMENT, PROBATE AND FAMILY
tOURT DEPARTMENT, HOUSING COURT DEPARTMENT, LAND
COURT DEPARTMENT
6.2.1 Masters
a. Masters are appointed by the justice before
whom the action Is brought.
Masters must be mem-
bers of the bar In good standing and have expertise
In the area In which they are appointed.
b. Masters are responsible'for the following
duties.
making findings of fact
In matters as-
signed to them by the jvstices of the departments,
ascertaining any evideffice, determining any reasons
for
providing reports on Issues,
If required, maki
sure all parties have been
joined, checking pleadings to see If they need
clarification, meeting with the Judicial Council,
setting time and place for hearings and Insuring a
date Is set, and setting rules on matters.
[Chief Administrative Justice of the Trial
Court]
6.1.2 HOUSING COURT DEPARTMENT
6.2.2 Housing specialist
a. The first (senior) justice of a division of
the Housing Court Department may appoint as many
housing specialists as the administrative justice
determines.
Housing specialists must be knowledge-
able In physical structures,landlord-tenant rela-
tions, state and federal laws concerning housing,
and the financing and resolution of housing prob-
lems.
The housing specialists serve at the
pleasure of the first justice.
b. Housing specialists have powers and duties
ss prescribed by the first justice of the division.
[Mass. Gen. Laws Ann., Ch. 185C, 416 (1978)]
6.1.3 SUPERIOR COURT DEPARTMENT (CRIMINAL AND CIVIL
IN SUFFOLK COUNTY), HOUSING COURT DEPARTMENT, PRO-
BATE AND FAMILY COURT DEPARTMENT, DISTRICT COURT
DEPARTMENT, JUVENILE COURT DEPARTMENT, BOSTON MU-
NICIPAL COURT DEPARTMENT
6.2.3 Magistrate (clerk magistrate)
a. Some clerk-magistrates are elected and some
are appointed by the Governor.
Clerks of court for
the counties, the clerksi'of the Superior Court De-
partment for criminal snd civil business in Suffolk
County, clerks of the Housing Court Department,
registers of the Probate and Family Court Depart-
ment, and clerks of Districe Court, Juvenile Court,
and of the Boston Municipal Court Departments also
have the title of magistrate for their particular
department or division.
b. A magistrate,
In addition to his powers and
duties as clerk, has the following duties:
(1)
grants continuances where there is agreement
between parties, (2) makes rulings on uncontested
nonevidentiary motions, (3) calls pretrial confer-
ences and sets trial dates, (4) mediates small
claims disputes; (5) hears complaints for minor
ttor vehicle offenses, (6) reviews'dog complaint
ders, and (7) conducts preliminary pr4ation vio-
lation hearings.
Such duties are subject to allow-
aNae by rule of court.
[Mass. Gen. Laws Ann., Ch. 221, 462 (1978)]
6.1.4 PROBATE AND FAMILY COURT DEPARTMENT, JUVENILE
COURT DEPARTMENT, AND DISTRICT COURT DEPARTMENT
6.2.4 Guardian ad
liters.
.a. Guardians ad litem are appointed by the
court and must be considered suitable for the posi-
tion.
b. Guardians ad litem act as legal.representa-
[Ives for minors, mentally retarded persons, and
persoos under a disability, or persons not ascer-
tained or not In being, who may be or may become
' Interested In any real or personal property or In
the enforcement or defense of any legal rights as
to matuers and actions before the court.
[Mass. Gen. Laws Ann., Ch. 201, 434]
283
6.1.5 SUPERIOR COURT DEPARTMENT
6.2.5 Bail commissioner
a. Ball commissioners are appointed by the Su-
perior Court Department.
b. Bail commissioners determine releases on
ball or personal recognizance and are paid on a fee
basis.
[Administrative Assistant to the Supreme
Judicial Court]
Judicial Discipline
7.1 Commission on Judicial Conduct.
The commission
consists of nine members selected as follows:
three justices, not of the Supreme Judicial Court
and nut two of whom are from the same department of
the Trial Court, appointed I)); the Supreme Judicial
Court, three lawyers, appointed by the Chieflalmin-
istrative Justice of the Trial Court; and three
nonlawyers, appointed by the Governor.
[Mass. Gen. Laws Ann., Ch. 211C,
41 (1978)]
7.2 Authori,ty and procedure for sanction.
The
commission has authority to investigate complaints
about judges concerning willful misconduct in
office, willful and persistent failure to perform,
duties, habitual intemperance, or other conduct
prejudicial to the adminrstration of justice and
bringing the judicial office into disrepute, and
conduct that violates the Canons of Judicial
Ethics.
The commission Is authorized to adopt rules,
which must be approved by the Supreme Judicial
Court.
Subject to these rules, the commission has
the power to subpoena witnesses and documents,
order depositions to be taken, administer oaths and
°
affirmations, compel testimony, awl has any other
power necessary to obtain information and
conduct
hearings.
All proceedings are confidential.
When
the commission finds cause for a hearing, the judge
is permitted to present evidence, and subpoena and
cross-examine witnesses.
Upon completion of the
investigation, the commission recommends an appro-
priate disposition of the matter and forwards its
findings to the judge and to the Supreme Judicial
*Court for its consideration and further action, if
any,
The commission submits annually to the legis-
lature and the Supreme Judicial Court a report of
its activities and recommendations, which become a
matter of public record.
[Mass. Gen. Laws Ann., Ch. 211C, ii2 (1978), 4
(1978)1
284
r)
C11
(
MICHIGAN1
Court of Last Resort
1.1 SUPREME COURT... The Supreme Court s
Lansing and holds bur terms a year, the
ates of
which are set by court rule.
[Michigan Stat4tes Anncitated (hereinafter
M.S.A.) 127A.2121
1.2 Organization.
The Supreme Court does not sit
in panels or divisions.
1.3 Jurisdiction
a. The Supreme Court may issue orders of super-
intending control when it is necessary to implement
its superintending or supervisory control power
over the courts of the state.
These orders replace
the usual writs of certiorari, mandamus, and prohi.-
bition.
b. The Supreme Couit has appellate juriadiction
over orders of dismissal or discipline of the State
Bar Giievance Board, orders of the Judicial Tenure
Commission (reference Section 7.1), and all other
appeals pending or decided by the Court of Appeals.
[M.S.A. I27A.217; General Court Rules
(hereinafter G.C.R.), Rules 711, 8511
Juqices (7)
a. the Chief Justice ks elected to a 2-year
term by peer vote.
b. Supreme Court justices must be qualified
voters who are licensed to practice law and are
less than 70 years of age.
c. Supreme Court justices are elected to 8-ye4r
terms in nonpartisan general elections.
Whenever
a vacancy occurs in any court, the Governor
appoints a person to serve until the next general
election.
[Constitution, Article VI, 112, 23; M.S.A.
127A.202; G.C.R., Rule 9001
1.5 Administration
a. The Chief Justice is .the head of the judi-
cial system.
He performs duties required by the
Supreme Court, which appoints an Administrator of
the Courts and other assistants of the Supreme
Court as needed to aid in the administration of
the courts of the state.
Reference Section 5%1
(General administrative authority).
b. Reference Section 5.2.b (state-level admin-
istrator).
c. Every court in the state has the power to,
appoint a clerk.
There are no statutdry provisions
for assigning duties to these positions.
The clerk
of the Supreme Court has responsibilities as deter-
mined by the court.
[Const,, Art. VI, 113,
7; Michigan Compiled
Laws Ainotated (hereinafter M.C.L.A.) Section
600.152]
1.6 Rule-making.
The Supreme Court is empowered
to promulgate rules of practice and procedure for
all courts in the statg,
The Supreme Court also
makes ad inistrative tildes for other courts.
,
285
[Const., Art. VI, 15; State Court Administra-
tor]
Intermediate Appellate Court
2.1 COURT OF APPEALS.
The court sits in Lansing,
Detroit, Grand Rapids, and Marquette.
There are
nine terms a year, each beginning on the first
after the first Monday each month from
Octobe'r to June.
[M.S.A. 527A.311; G.C.R., Rule 800]
2.2 OrEanization.
The Court of Appeals is divided
into three geographic districts.
Appeals are heard
by 3-judge panels, with the judges rotated between
panels so that each judge sits with each other
judge with equal frequency.
A decision of any
panel is controlling throughout the state.
[M.S.A. 527A.301 to 127A.310
2.3 Jurisdiction
a. The'Court of Appeals has original jurrsdic-
tion to issue prerogative and remedial writs or
orders as provided by court rules and a so author-
ity to issue any writs, directives, an
mandates
that it judges necessary and expedien
o effec-
tuate its determination of cases.
b. The Court of Appeals has appellate jus c-
tion over all final judgments frOm the Circui
Court and the Court of Claims.
The court also
as
appellate jurisdiction over final judgments o
the
Recorder's Court of Detroit, except those jud
ents
of the Traffic and Ordinance Division, and ov r the
final orders of the Probate Court dealing wi
adoptions, trust estate cases, and condemena ion
cases.
M.S.A. 5527A.308, 27A.3101
2.4 Ju
es (18)
a. Th
(judge of the Court of Appeals is
elected to a 3-year term by his peers.
The chief
judge designates a presiding judge for each geo-
graphic district.
.
b. Court of Appeals judges must meet the same
qualifications as Supreme Court j.ustices.
Refer-
ence Section 1.4.b.
c. Court of Appeals judges are e ected to 6-
year terms by the voters of their re pective dis-'
tricts at ponpartisan.elections.
[Const., Art. VI, 59; G.C.R., R le 800.71
2.5'Administration
a. The chief judge and the pres ding judges
have no statutorily defined duties
ith regard to
the administration of the Court of kppeal..
b. There is no provision for an administrator
for the Court of Appeals.
Reference Section 5.2.b
(state-level administrator).
c. A chief clerk of the Court of Appeals is
appointed by the court and serves at its pleasure
He has supervisory duties.
[M.S4A. 527A.317; State Court Administrator]
2.6 Rule-making.
Reference Section 1.6,
Trust
ind
estate,
adopt ion,
onder,
n
ion.
4
Figure 1:
Michigan court system, 1980
SUPRF11F tOURT
7 justices
Jurisdiction.
Court of
last
Rears cases that are appealed
to
it from the Gourt
resort
of Appeals.
COURT OF APPEALS (3 Panels)
IN Judges
Jurisdiction
Appeals te. A matter of right as
to cases origi-
nating In the Circuit (ourt, appeals by certiorari
of came,: from the Circuit Court originating in the
tourta of limited Jurisdiction-or the RecorAr's
Court.
Appeals an
.1 matter of right
from the Probate fount
in the following matter,:
final order... in [mat
and eotate cases, adopt ion orde rn
and f inal orders
in
andemnat
anea.
I an a matter of right (rom tire Het order's
(our(
eu ept
)11dgnIent n on ordinan.
ions in
the Troltic and ohdins
Division of the
16
k
no ( ourt
ta.Itter
.1 right 1r,in ti,e2 (ourt of
I talon.
1 I RI pm- milur (12)
147 Indges
ha-
, 1 kI,l' I r ( MINT
I (WWI. OF ('LAIMS
1:7
iodgen
(DI vision of The 30th
lorisdi,t ion
Judicial Circuit)
he, l o s t , .
domest i c rel. I-
ti.olo, 4 q, It v,
ind vener II
( 1 0 t h
( 1 r , n i r
ludge,
nerve ho blind draw)
/.r 51,,,,))..
hit i )41( . t ion
io. lo,fit., tohino wind(
- Fo. losIce
It, f sdfi
t
1 . . 0 o s t
e p t where n p i
,
I
I
I
t i on over
. I dm,
. rImi la;
..itrt s elt I , t .
and demand., againat
Appe ,
I .
d. n oc. or ,.., r, .. rd.
St It e.
Int, t I.IIN.
No
iIII, t r (all.
Oril o i,, e
violat ions
*04
Other.than
ordinance
violations.
RFCORlin'S COURT4 DETROIT
2h judgea
l
RFCORDFR'S COURT
lu ri ad i ct ion
All criminal
within
Det rot t .
ORDINANCE AND TRAFFIC
DIVISION
Jurisdiction
Municipal ordinance
violat ions.
Traf f ic cases.
dory trial..
PRIIIIATE
1111151 (MI)
1,th fudge,
J,;ri,di t ion
- hoc los ioe
tnr
-
t /On
r
ayes
pertaining t 0 wi I
rt
ond ,r1 her
r..lat 0.1 mat ter,
Ex. 1os hie
v ,
de y. nd.
v ,
neole..
Itir
t
fors, t nun in
I.,12.mi ie.
11
Ind( 'ate. foUt," of appeal.
DISCRIIT
( 98)
.114 (udge.,
kir
t ion
- Fur
1
lit igat. Ion under
0111,111)(1 ex. lod I ng
egoitv.
Sna I
1
under 1600.
Miademeanors, ordl -
nand,' violat ton%
with sentence. leas
than
I year, prelimi-
nary he irings.
tory t rIal
MUNICIPAI
8 Judge,
Turiadiction
1, landlord and
tenant 'tinder SI,500.
Small claims in some
Mindemeanors and ordin-
ance violat ions with
fine less
than
SSOM and
sentence less than
3 months.
Traffic jleten.
turn
r la len
COURT (8)
COMMON PLI.A., COURT OF DFTROIT
II Judges
COMMON PLFAS COVRT
CON,CILIATION
LANDLORD AND TENANT
OF DETROIT
DIVISION
DIVISION
Jurisdiction,
Jurisdiction
Jurisdiction.
Excluelve civil
- Small claime
- Landlord and
actions under
.
under $300
tenant cases
$5,000 in Detroit.
in Detroit.
in Detroit.
- Criminal arraign-
menta in Wayne
County.
Jury. trials.
206
mum"
11111.
Intermediate
appellate
court
Court of
general
Jurisdiction
Courts of
limited
jurisdiction
Courts of General Jurisdiction
3.1.1a CIRCUIT COURT.
Sessions of court sre held
at least four times a year in each county organized
for judicial purposes.
[Const., Art. VI, ill]
3.2.1s Organization.
The state is divided into 52
Judicial circuits, which encompass
1
to 4 counties
each.
The Court of Claims is a division of the
30th Judicial Circuit (rOlerence section 3.1.1b).
[State Court Administrator]
3.3.1a jurisdiction
a. The Crrcuit Court exercises exclusive origi-
nal jurisdiction in felony cases except where a
special criminal court has been created.
It exer-
cises exclusive civil jurisdiction in domestic
relations, equity, and general civil cases where
the amount in'controversy exceeds $10,000.
The
Wayne County Circuit Court exercises concurrent
jurisdiction with the Common Pleas Court of Detroit
in civil matters where the amount in conteoversy
is between $5,000 and $10.000.
b.
rhe Circuit Court hears appeals from final
judgments trom District, Probate, and Common Pleas
Courts, and from the Traffic and Ordinance
Divisio# ot the Recorder's Court.
Appeals from
the Municipal Court are tried de novo.
[Const., Art. VI, 513, National Survey of
Court Organization. pp. 159-1601
3.4.1s Judges (147)
a. There is no provision for a chief judge over
all the circuits of the Circuit Court.
In circuits
with two or more judges, the chief judge Is elected
to a 2-year.term by peer vote.
b. Circuit Court judges must meet the same
qualifications as Supreme Court justices.
Refer-
.
ence Section 1.4.b.
c. Circuit Court judges are elected to 6-year
terms by the voters of their respective circuits
in nonpartisan elections.
[Const., Art. VI, 512, G.C.R., Rule 9251
3.5.1a Administration
a. Whereas there
is no provision for a chief
judge over all the circuits of the Circuit Court,
circuits with two or more judges have chief judges.
The chief judges of the trial courts have the fol-
lowing responsibilities
call meetings of the
court, appoint committees, supervise caseload man-
agement, coordtnye the work of judges, supervise
court personnel)Passign cases, and supervise court
finances,
b. There is no provision for an administrator
over all the circuits of the Circuit Court.
Any
Circuit Court with 20 or more jud4es can recommend
a court administrator for its court.
At present,
16 Lircuits have appointed administrators.
The
administrator is appointed and removed by the
Governor on the recommendation of the court.
Duties of the court administrators are locally
determined.
c. Elected county clerks serve as Circuit Court
clerks.
There are no formal provisions for assign-
ing duties to the clerks.
in practice, they per-
form supervisory duties.
[Const., Art. VI, 514, M.S.A. i27A.567, G.C.R.,
Rules 925, 926, State Court Administrator]
3.6.1a Rule-making
Reference Section 1.6.
3.1.1b COURT OF CLAIMS.
Tha Court of Claims is a
division of the 30th Judicial Circuit.
It sits ins
Lansing for four terms pPr calendar year.
287
114.S.A. $27A.64071
3.2.1b Organization.
The geographical
jurisdiction of the Court of Claims is statewide.
There sre no specialized divisions of the court.
(M.S.A. 527A.64191
3.3.1b Jurisdiction
a. The Court of Claims has exclusive jurisdic-
tion over all claims and demands against the state.
b.
Tti
Court of Claims has no appellate juris-.
diction over cases from other courts.
It hears ap-
peals of ailministrstive agency cases.
,
[M.S.A. 527A.64041
3.4.1b Judges (Circuit Court judges of the 30th
Judicial Circuit Court serve by blind draw when the
Court of Clialms
is in session.)
a. Tho Court of Claims does not have a presid-
ing judge.
b. Reference 3.4.1a.b.
C. Reference 3.4.1a.c.
,
1M.S.A. §27A.64071
3.5.16 Administration
a. There is no provision h)r a Lhiet judge for
the Court of Claims.
b. There is no provision tor an administrator
for the 0ourt of Claims.
Reference Section 5.2.b
(state- ever administrator).
C.
P State Court Administrator appoints and
removes te clerk/stenographer of the Court of
Claims.
He has resp7sibilities as determined by
the court.
[M.S.A. 527A.64101
3.6.1b Rule-making.
Reference Section 1.6.
3 1.2 RECORDER'S COURT OF DETROIT.
According to
statute the Recorder's Court meets for six terms
per calendar year, beginning on the first Wednesday
of January, Marche May, July, September, and
November.
The terms last as long as necessanv.
In practice, the court sits in continuous session.
1M.S.A.
27.3573, State Court Administrator]
3.2.2 Organization.
The Recorder's Court has geo-
graphic jurisdiction within the city limits of
Detroit.
The court has a special Traffic and
Ordinance Division:
1M.S.A., S27.35611
3.3.2 Jurisdiction
a. The Recorder's Court has original jurisdic-
tion over all criminal cases arising within the
city limits of Detroit.
The Recorder's Court can
also hear applications for writs of.habeas corpus.
Its Traffic and Ordinance Division has ex-
clusive original jurisdiction tn all traffic and
ordinance violations.
b. The Recorder's Court has no appellate juris-
diction.
[M.S.A. SS27.3551, 27.3561, National Survey of
Court Orsanization, p. 1601
3.4.2 Judges (26)
a. The chief judge of the Recorder's Court is
elected by his peers.
b. Recorder's Court judges must meet the same
qualifications as Supreme Court justices.
Refer-
ence Section 1.4.b.
C. Recorder's Court oiudges are elected to 6-
year terms in nonpartisan elections.
IM.S.A. 1527.3554, 27.3652, G.C.R., Rule 9251
3.5.2 Administration
a. Reference Section 3.5.la.a.
b. Judges of the Recorder's Court are empowered
to appoint a court administrator.
ThP duties of
the administrator are prescribed by the court.
c. The Recorder's Court is empowered to appoint
a court clerk as required and within budgetary
limits.
There are 'no formal provisions for assign-
ing administrative duties to the clerk.
In prac-
tice, he performs supervisory duties.
IM.S.A. $27A.6410; State Court Administrator]
3.6.2 Rule-making.
Reference Section 1.6.
Court of Limited or Special Jurisdiction
4.1.1 DISTRICT COURT.
The District Court sits in
continuous session.
(State Court Administrator]
4.2.1 Organization.
The state is divided into 98
judicial districts, which may encompass one or more
cities, a county, or several counties.
Some dis-
tricts have split into formal or informal divisions
and sit in various locations within the district.
(State Court Administrator]
4.3.1 Jurisdiction
a. The District Court has jurisdiction in mis-
demeanor cases where the possible penalty does not
exceed a fine and/or 1 year of imprisonment; ordi-
nance and charter violations; arraignments, the
fixing of bail and accepting of bonds; and prelimi-
nary examinstions in all felony and misdemeanor
cases not cognizable by the District Court.
The
District Court has exclusive original jurisdiction
in all civil litigation up to $10,000 in controver-
sy, excluding equity cases.
In districts where
Traffic Bureaus have been established, court clerks
are authorized to accept guilty pleas and fines for
minor traffic offenses.
Small claims jurisdiction
is limited to cases involving $600 or less.
b. The District Court has no appellate juris-
diction.
(State Court Administrator!
4.4.1 Judges (214)
a. In the 60 District Courts with two or more
judges, chief judges are elected by peer vote.
b. District Court judges must meet the same
qualifications as Supreme Court justices.
Refer-
ence Section 1.4.b.
c. District Court judges are elected to 6-year
terms in nonpartisan elections.
-(M.S.A. §27A.9926(1); G.C.R., Rule 9251
4.5.1 Administration
a. Reference Section 3.5.1a.a.
b. Trial court administrators may he hired by
the District Court.
They serve at the pleasure of
the court and perform such duties as assigned.
Reference Section 5.2.b (state-level administra-
tor).
c. The District Court is empowered to hire
clerks within budgetary restraints.
There are no
formal provisions for assigning administrative
duties to the clerks.
In practice, they perform
supervisory duties.
.
(M.S.A. §24A.6410; State Court Administrator!
4.6.1 Rule-making.
Reference Section 1.6.
4.1.2 PROBATE COURT.
The Probate Court sits in
continuous session.
(M.S.A. S27.3178(30)]
4.2.2 Organization.
A Probate Court sits in each
county organized for judicial purposes.
The legit's-
lature can create or alter Probate,Court districts
of more than one county if approved in each county
by a majority of the voters.
When hearing juvenile
cases, the Probate Court is known as the Juvenile
Division of the PiA5baie Court.
(Const., Art. VI; S15; M.S.A. 627A.S202]
288
4.3.2 Jurisdiction
a. The Probate Court has exclusive
originai
jurisdiction in all cases pertaining to wills,
estates, mental health, and other related matters.
The court also has exclusive original jurisdiction
in cases concerning delinqueincy, dependency, and
neglect.
b. The Probate Court has nn appellate jurisdic-
tion.
(M.S.A. §27.3178 (19)1
4.4.2 Judges (106)
a.
In a Probate Court with two or more judges,
chief judges are elected to 2-year terms by peer
vote.
b. Probate Court judges must meet the same
qualifications as Supreme Court justices.
Refer-
ence Section 1.4.b.
c. Profate Court judges are elected to
6-year
terms in nonpartisan elections.
(Const., Art. VI, §16; G.C.R., Rule 9251
4.5.2 Administration
'a. Reference Section 3.5.1a.a.
b. Administrators are hired for the Juvenile
Divisions of the larger Probate Courts.
c.
In most Probate Courts, the register per-
forms administrative and supervisory duties.
(State Court Administrator]
4.6.2 Rule-making.
Reference Section 1.6.
4.1.3 MUNICIPAL COURT.
The Municipal Court sits
in continuous session.
(State Court Administrator]
4.2.3 Organization.
The 8 existing Municipal
Courts are located in 2 counties.
Each municipal-
ity and county has the option of maintaining a
Municipal Court or replacing it with a District
Court.
Some Municipal Courts have Conciliation
Divisions.
(State Court Administrator]
4.3.3 Jurisdiction
a. The Municipal Court has jurisdiction in
felony preliminaries, misdemeanors involving a fine
or imprisonment of less than 1 year ot both, and
traffic ordinance cases.
The court also hears
general civil and landlord-tenant cases with less
than $1,500 in controversy.
b. The Municipal Court has no appellate juris-
diction.
(M.S.A. §§27.3937, 27.41011
4.4.3 Judges (8)
a. In a Municipal Court with two or more
judges, chief judges are elected by peer vote.
b. Municipal Court judges must meet the same
qualifications as Supreme Court justices.
Refer-
ence Section 1.4.b.
c. Municipal Court judges are elected to 4 or
6-year terms in nonpartisan elections.
(M.S.A. S§27.3752, 27.3834; G.C.R., Rule 9251
4.5.3 Administration
a. Reference Section 3.5.1a.a.
b. Trial court administrators may be appointed
by the courts to serve at their pleasure and per-
form such duties as may be assigned to that posi-
tion.
Reference Section 5.2.b (state-level admin-
istrator).
c. A Municipal Court is empowered to appoint a
clerk if budgetarily feasible.
There are no formal
provisions for assigning administrative duties to
the clerks.
In practice, the clerks perform super-
visory duties.
[M.S.A. S27A.6410; State Court Administrator]
4.6.3 Rule-makint.
Reference Section 1.6.
4.1.4 COMMON PLEAS COURT OF DETROIT.
The Common
PleAs Court of Detroit sits in continuous session.
[State Court Administrator]
4.2.4 Organization.
The Common Pleas Court of
Detroit has countywide jurisdiction.
The court has
a Small Claims Division and a Landlord-Tenant
Division.
[National Survey of Court Organization, pp.
160-162, Manual for Court Administration, i200,
p.
302]
4.3.4 Jurisdiction
a. The Common Pleas Court of Detroit has juris-
diction in Civil Casps where the amount
in contro-
versy does not exceed $10,000.
The Conciliation Division handles controver-
sies involving $600 or less.
b. The Common Pleas Court of Detroit has no
appellate jurisdiction.
[State Court Administrator]
4.4.4 Judges (13)
a. The chief judge of the Common Pleas Court
is chosen by peer vote.
b. Common Pleas Court of Detroit judges must
meet the same qualifications as Supreme Court jus-
tices.
Reference Section 1.4.b.
c. Common Pleas Court of Detroit judges are
elected to 6-year terms in nonpartisan elections.
[M.S.A. 07.3652, G.C.R., Rule 9251
4.5.4 Administration
a. Reference Section 3.5.1a.a.
b. Trial court administrators may be appointed
to serve at the pleasure of the courts and to per-
form such duties as assigned by the court.
Refer-
ence Section 5.2.b (state-level administrator).
c. Clerks and deputies may be appointed by the
court as the budget allows.
There are no formal
provisions for assigning administrative duties to
the clerks.
In practice, the clerks perform super-
visory duties.
IM.S.A. 07A.6410; State Court Administrator]
4.6.4 Rule-making.
Reference Section 1.6.
State-Level Administration
5.1 General administrative authority.
The Chief
Justice of the Supreme Court has been designated
as the head of the judicial system of the state.
The Supreme Court, through the Chief Justice, may
direct judges of one court to serve on another, may
reassign auxilliary court personnel on an emergency
basis, controls budget preparation and administra-
tion, and supervises judicial continuing ducation
programs.
Reference Section 1.5.a.
[Const., Art. VI, i7, M.S.A. i27A.152; National
Survey of Court Organization, p.
1591
5.2 Office of the State Court Administrator
a. The Office of the State Court Administrator
is constitutionally authorized.
b. State Court Administrator
(1) The position of State Court Administra-
tor is constitutionally authorized.
(2) The State Court Administrator is
appointed by the Supreme Court and serves at its
pleasure.
Qualifications include a college degree
and supervisory, administrative, and/or management
experience with a court system.
(3) The State Court Administrator, under the
supervision aod,direction of the Supreme Court,
prepares and submits the budget for the court sys-
tem.
The State Court Administrator's office is
289
.\
responsible for management of the judicial continu-
ing education program, long-range planning, collec-
tion of statistical information, and administration
of the nonjudicial personnel system.
The State
Court Administrator serves as liaison between the
court system and other branches of government.
c. Office organization.
The Office of the
State Court Administrator consists of a staff of
approximately 112 people:
72 professional, (in-
cluding the State Court Administrator) and 40 cler-
ical personnel.
The office provides suppOrt ser-
WWPS in the following areas:
information systems,
court support services; finance and budget, educa-
tion and training; personnel; and public informa-
tion and liaison.
Const., Art. VI, §3; M.S.A. 07A.567, M.C.L.A.
§600.567, G.C.R., Rules 901, 906; State Court
Administrators, pp. 60-61, State Court Adminis-
trator]
Quasi-Judicial Officers
6.1.1 SUPREME COURT
6.2.1 Commissioner
.,
a. Supreme Court commissioners are appointed
by the court according to internally developed pro-
cedures.
Commissioners must meet the same qualiffA
cations as Supreme Court justices.
Reference Sec-
tion 1.4.b.
b. Supreme Court commissioners prepare written
reports and recommendations on applications for
discretionary appeals.
[Workshop for New Judges and Staff]
6.1.2 COURT OF APPEALS
6.2.2 Commissioner
a. Court of Appeals commissioners are selected
by the court according to internally developed pro-
cedures.
They must meet the same qualifications
as Supreme Court justices.
Reference Section
1.4.b.
b. Court of Appeals commissioners prepare writ-
ten reports and recommendations on applications for
discretionary appeals.
[Workshop for New Judges and Staff]
61.3 RECORDER'S COURT OF DETROIT
6.2.3 Referee
a. Referees are selected by the court from a
civil service register.
Qualifications of referees
are determined by the court.
b. Referees may administer oaths, examine wit-
nesses, and make reports and recommendations in
those misdemeanor cases under state law or munici-
pal ordinance that are referred to them by the
judges of the Traffic and Ordinance Division of the
court.
IM.S.A. i27.39591
6.1.4 DISTRICT COURT
6.2.4 Magistrate
a. Magistrates are appointed by the court, sub-
ject to confirmation by the County hoard of Commis-
sioners.
Qualifications are locally determined by
the appointing court.
b. As authorized by the District Court judge,
magistrates may arraign and sentence individuals
who plead guilty to violations of specified public
acts if the maximum punishment does not exceed 90
days in jail or fine or both; issue arrest war-
rants; ftx bail and set bond; and issue search war-
rants.
' ) I
1
.."/
0 '.../
li
Figure 2:
Michigan state-level, administrative office of the courts, 1980
Information
Services
Provides informa-
tion to the media,
governmental agen-
cies,
local courts
and citizens
Publishes annual
report
Coordinates forms
committees with
various judges,
and administra-
tive groups
- Coordinates other
special projects
Fducation
and
Training
State
Court
Administrator
Assesses continuing
education needs of
Michigan's judges
and court personnel
Plans and coordinates
educational programs
Develops and diatri-
butes resources and
publications to
supplement programs
AsleSSel participa-
tion,
impact and
quality of programa
Maintains communica-
tion with other
judicial education
organizations
nationwide
Personnel
Develops and admdn-
tater. SCAO
personnel program
Provides personnel
consulting service
to trial courts
Develops projects to
moist trial courts
with personnel pro-
grama and provide
the basis fur a
future statewide
system
-a,
Judicial
Data
Center
Develops and imple-
ments computer
assisted applica-
tion. to appellate
and trial courts
- Provides assistance
to local courts
using modern tech-
nology program
Judicial
Operations
- Supervises end
coordinates regional
progrAms
Develops techniques
to insure statewide
compliance with
court rules
Serves as probate
court specialist
for the SCAO
Investigates and re-
sponds to com-
plaint. against
aJdges and court
personnel
Provides liaison with
Attorney General's
office to arrange
legal representa-
tion of judges
Provides informtion
end assistance to
judges, courts, and
administrators,
state officers,
local courts, and
citizens
Legislative
and
Court
Liaison
- Circuit and District
Court specialities
Provides information
to judges and courts,
local government,
state legislators,
,and staff
- Inform judges of
new legislation
affecting courts
Works with regional
administrators on
specific local court
problem.
- Makes recommendation.
to State Court
Administrator on
budget jtleship
needs
- Provides liaison be-
tween SCAO and
various State, re-
gional, and nationsl
organizations
1M.S.A. SS27A.8501, 27A.85111
6.1.5 PROBATE COURT
6.2.5 Register
a. Registers are appointed by the court.
Qual-
ifications are locally determined by the court.
b. As authorized by the Probate Court judge,
registers may, by statute, perform all the nonjudi-
cial duties of that judge.
In general, they admin-
ister oaths, take testimony, and prepare written
reports to the judge.
They also set the time and
place for hearing's and sign the related orders.
1M.S.A 5S27.3178 (12), 27.3178 (598.10)]
Judicial Discipline
7.1 Judicial Tenure Commission.
The commission is
.
composed of nine members, which Include the follow-
ing.
one judge each from the Court of Appeals,
Circuit Court, and Probate Court, selected by the
respective court, one judge representing and se-
lected by the remaining courts of the state, three
members of the state bar, elected by its member-
ship, one of whom is a judge, and two persons ap-
pointed by the Governor who are not judges, re-
tired judges, or members of the bar.
1Const., Art. VI, $301
7.2 Authority and procedure for sanction.
The Com-
=salon is responsible for receiving and acknow-
ledging all complaints against judges.
It may
also rnitiate an investigation on its own motion
or at the request of the Chief Justice or the State
Court Administrator.
All preliminary investiga-
tions are confidential.
Upon completion of the
preliminary investigation and if so warranted, a
formal complaint is filed, entered on a docket, and
thereby becomes a public record.
If the prelim-
r
- t '
.i
291
nary investigation reveals insufficient cause for
action, the commission terminates-its investtga-
[ton.
Before filing a tomplaint or recommending
private censure, the commission gives written no-
tice to the iudge of the nature of the tharges.
The iudge
is then given an'opportunity to present
hts case in writing within 15 days.
lhe public
hearins can be held before the entire commission
or before a master appointed by the Supreme Court.
The hearing conforms as nearly as possible to the
rules of procedure and evidence governing civil
actions in a Circuit Court
rhe
lodge Is entitled
to be represented by counsel.
A record of the
hearing is kept.
The commission may subpoena wit-
nesses and evidence
No discovery proceedings are
held at the request of the respondent, either be-
fore or after the liling of the complaint.
An af-
firmative vote of
five commission members is re-
quired for a recommendation of discipline, removal,
retirement, or suspension of
a judge.
Lack of such
votes requires disnitssal of the complaint.
If five
votes are obtained, the commission hirwards writ-
ten findings of fact and its recommendation to the
Supreme Court.
A copy of the findings, recommenda-
tions, and transcript are also forwarded to the
respondent
He may petition the court within 30
days to reject or modify the recommendations.
The
court in
Its discretion may also allow at
that time
the introduction of additional evidence.
After Its
review, the Supreme Court files a written opinion
and judgment directing censure, removal, retire-
ment, suspension, or other disciplinary action or
It may reject or modify the recommendations of the
commission.
. In its decision, the court mav direct
that no motion for rehearing will be entertained,
in which event its decision is final on filing.
IG.C.R., Rule 9321
`? - ,i
Figure 1:
Minnesota court system, 1980
SUPREME COURT
9 jumtices
Jurisdiction.
Final appellate jurisdiction.
DISTRICT COURT (10)
72 judge.
,
DISTRICT COURT (10)
FAMILY COURT DIVISION (2)
Jurisdiction:
Jurisdiction.
Original civil, administration of
(located in Hennepin and Ramsey
trumt emtatee; change of name.,
quiet title, real estate mortgage
foreclosures,
Countiem)
- All family matters.
Divorce,
annulment or separate mainten,
- Originil criminal.
ance, paternity, reciprocal en-
Juvenile matters.
forcement of support, and crimi-
Special proceedings not exclu-
sively cognizable by some other
court or tribunal.
nal non-support.
Appeals do novo And on record.
Jftry triIm.
COUNTY MUNICIPAL COURT (2)
28 judges
Jurisdiction
(Ramsey and Hennepin Counties)
- Civil actions under S5,000,
forcible entry and unlawful
detainer
Misdemeanor, ordinance
violations. PreliinerY
hearing.
Appeal. de novo.
Jury trials.
Ramsey and
Hennepin
Counties.
COUNTY COURT (67)
1)6..judges
FAMILY COURT
PROBATE COURT
CIVIL AND CRIMI-
DIVISION
DIVISION
NAL DIVISION
Jurisdiction
Jurisdiction
Jurisdiction
Dissolution,
annulment,
separate main-
tenance, re-
Administration
of trust es-
tatee, guard-
ianship, pro-
Civil actions
under SS 000.
...
Quiet title,
real eetate
ciprocal sup-
bate.
mortgage fore-
port, mental
closures.
health, adop-
tion, change
Misdemeanor.,
ordinance 'no-
of name.
Juvenile.
lations, pre-
liminary hear-
ings.
Appeal. de novo.
Jury trials.
CONCILIATION COURT (69)
Hearing officers verve in Ramsey and Hennepin
Countism.
County Court judges erve elmewhere.
Jurisdiction:
Civil cases at law under S1,000. not including
title to real ett.
ltIndicate, route of appeal.
292
4
PROBATE COURT (2)
2 judges
Jurisdiction
(located in Ramsey and Hennepin
Counties)
Administration of estates,
guardianship, incompetency,
and conservatorship..
OMNI,
mximb
Court of
lest
resort
Court of
general
jurimdiction
Courts of
limited
jurisdiction
'10
A
MINNESOTA
Court of Last Resort
1.1 SUPREME COURT.
The court sits at St. Paul for
at least one term of court annually.
[Minnesota Statutes (hereinafter M.S.) Section
480.01]
1.2 Oreanization.
The Chief Jushce assigns three
or more members of the court to sit as a division
of the court to hear and decide cases as assigned.
The Chief Justice may appoini a panel or panels of
members of the court to review pending cases for
disposition.
There are no specialized divisions
of the court.
[Minnesota Rules of Civil Appellate Procedure
(hereinafter Minn. R. App. P.) 135(1), 135(4)1
1.3 Jurisdiction
e. The Supreme Court has original jurisdiction,
in remedial cases as prescribed by law.
The law
greets power to the court to issue all neceslary
writs and processes.
The court may also answer
questions of law certified to it by the United
States Supreme Court, or any federal court.
The
court prescribes rules of practice for attorneys
in the state, conducts the examination for admis-
sion to the bar, and reviews grievance complaints
against attorneys.
b. The Supyeme Court has appellate jurisdiction
in all cafes, but no jury trials are given in the
court.
[Constitution, Article VI, Section 2; M.S.
11480.04, 480.05, 480.061]
1.4 Justices (9)
a. The Chief Justice is lected at a nonparti-
san election and serves a 6-year term.
b. Supreme Court justices must be learned in
the law.
c. Supreme Court justices are elected and each
justice is deemed to hold a separate nonpartisan
office.
Supreme Court justices serve 6-year terms.
When a vacancy occurs, the Governor appoints a pe5-
snn to serve as justice until the next general
election occurring more than 1 year after the
appointment.
[Const., Art. VI, 115, 7, 8; M.S. 1203A.12]
1.5 Administration
a. The Chief Justice exercises administration
and supervision over the entire court system
through the State Court Administrator, the chief
judges of the 10 judicial districts, the district
administrators, and the Ramsey County MUnicipal
Court administrator.
Reference Section 5.1
(General administrative authority).
The Chief
Justice, however, has no specifically articulated
duties in regard to the administration of the Su-
preme Court.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. Theknosition of clerk of the Supreme Court
is authorized by the constitution.
The clerk is
293
appointed by the Supreme Court and serves at the
pleasure of the court.
There are no formal pro-
visions for assigning administrative duties to the
clerk.
He supervises his clerical suppaQtaff
and has responsibilities as determined by the
court.
[Const., Art. VI, 11; State Court Administra-
tor]
1.6 Rule-making.
The Supreme Court is empowered
to regulate the pleadings, practice, procedure, and
forms thereof in all criminal actions in all courts
and in civil actions in all courts except the Pro-
bate Courts and the Conciliation Court in Hennepin
and Ramsey Counties.
The Supreme Court promulgates
all rules of evidence in all criminal and civil
actions.
The court makes administrative rules for
its own operations.
Before rules are adopted by
the Supreme Court, an advisory committee is con-
sulted in considering and preparing rules.
[M.S. 11480.051, 480.053, 480.059; State Court
Administrator]
Intermediate Appellate Court
2.0 There is no intermediate appellate court in
Minnesota.
Court of General Jurisdiction
3.1 DISTRICT COURT.
The District Court sits in
continuous session.
[M.S. 1484.08]
3.2 Organization.
The state is divided into 10
judicial districts, as determined by the legisla-
ture, some of which have permanent chambers as
designated by statute.
The Second and Fourth
Judicial Districts have Family Court Divisions.
[M.S. 112.722, 484.64, 484.65)
3.3 Jurisdiction
a. The District Court has original jurisdiction
in all criminal and civil actions within its re-
spective districts, and in all cases where juris-
diction is especially conferred upon the District
Court by law.
The court has concurrent jurisdic-
tion with the County Court in cases pursuant to
M.S. 1487.19 (reference Section 4.3.2.a.).
In
Hennepin and Ramsey Counties, the District Court
has juvenile jurisdiction.
In the Second District, the Family Court
Division has been created and has jurisdiction in
* 31 matters involving divorce, annulment, separate
maintenance, paternity, and support.
In the Fourth
District, the Family Court Division has been creat-
e d and has jurisdiction in all family matters as-
signed to it.
b. The District Court has appellate jurisdic-
tion in every case in which an appeal is allowed
from any other court.
[M.S. 11260.02, 484.01, 484.64, 486.65; State
Court Administrator]
3.4 Judges (72)
a. There is no provision for a chief
judge over
all the districts of the District Court.
The chief
judge for each district is elected annually to a
2-year term by the judges of all courts within the
judicial district.
Until July 1, 1981, the chief
judge must be a judge of the District Court.
After
July 1981, the chief judge may be a judge of the
District, County, County Municipal, or Probate
Court.
b. District Court judges must be learned ,in the
law.
Each judge must be a resident of the district
in which he erves during his term of office.
c. District Court judges are elected by the
voters from the areas they serve.
They serve 6-
year terms.
[Const., Art. VI, 114, 5, 7; M.S. 11484.34,
484.69)
3.5 Administration
a. Whereas there is no provision for a chief
judge over all the districts of the District Court,
each of the 10 judicial districts has a chief
judge.
The chief judge exercises general adminis-
trative authority over the courts within the judi-
cial district.
He may assign judges within the
district to serve in any court in the district.
The chief judge appoints the district administrator
with the advice of the other judges of the dis-
trict, subject to the approval of the Supreme
Court.
b. There is no provision for an administrator
oVies\all the districts of the District Court.
Each
of the 10 judicial districts, however, is author-
ized to have a district administrator.
The dis-
trict administrator is appointed by the chief
judge, subject to the approval of the Supreme
Court, with the advice of the judges of the dis-
trict.
His duties include assisting the chief
judge in the performance of administrative duties,
managing the administrative affairs of the courts
of the judicial district, supervising court person-
nel, and complying with requests of the State Court
Administrator for statistical and other informa-
tion.
c. Clerks are authorized by statute.
The
clerks are appointed by a majority of District
Court judges in the district after consultation
with the County Court judges in the district.
There are no formal provisions for assigning admin-
istrative duties to the clerks.
They supervise
their clerical support staff and have responsibili-
ties as determined by their respective courts.
[M.S. 112.722, 484.67, 1484.67, Subdivision 3,
1485.01; State Court Administrator]
3.6 Rule-makinii.
The Supreme Court is empowered
to regulate pleadings, practice, and procedure.
The judges of the District Court must assemble an-
nually and may revise and amend any rules.
[M.S. 11180.05, 480.09, 484.331
Courts of Limited or Special Jurisdiction
4.1.1 PROBATE COURT.
The Probate Court of Hennepin
County and the Probate Court of Ramsey County sit
in continuous
'on.
[State Court Administrator]
4.2.1 Oreanization.
There are-two Probate Courts,
one in Hennepin County and the other in Ramsey
County.
The County Court has absorbed all probate
jurisdiction elsewhere in the state.
There are no
specialized divisions of the court.
[M.S. 1487.01]
4.3.1 Jurisdiction
a. The Probate Court has original jurisdiction
in law and equity for the administration
of'the
estates of deceased persons, and all guardianship
and incompetency proceedings are granted to the
Probate Court.
It also has jurisdiction over the
administration of trust estates and determination
of taxes contingent upon death as provided by law.
b. The Probate Court has no appellate juris-
diction.
[Const., Art. VI, 111]
4.4.1 Judges (2)
a. The Probate Court does not have presiding
judges.
Chief district judges have authority over
all courts in the district.
Reference Section
3.4.a.
b. Probate Court judges must be lawyers.
c. Probate Court judges are elected in county
elections.
They serve 6-year terms.
[M.S. 11202.04, 525.04]
4.5.1 Administration
a. The chief district judge serves as the chief
judge of the Probate Court.
Reference Section
3.5.a.
b. The district administrator serves as the
administrator for the Probate Court.
Reference
Section 3.5.h.
c. Clerks are appointed by the judges of the
Probate Court and are responsible for the destruc-
tion of documents as enumerated in M.S. 6525.091,
and for the issuance of orders under the direction
of the probate judges.
(M.S. 1525.09)
4.6.1 Rule-makin&.
Practice and procedure for the
courts are governed by statute, and by Probate
Court rules promulgated by the probate judges.
(M.S. 1525.014)
4.1.2 COUNTY COURT.
The court sits in continuous
session.
(M.S.. 1487.01, Subd. 1]
4.2.2 Organization.
The County Court sits at the
county seat, but may travel as necessary for the
business of the court.
Counties may join for pur-
poses of sharing a combined County Court.
Hennepin
and Ramsey Counties, however, do not have a County
Court.
A County Court must have the following
specialized divisions:
Probate, Family Court, and
Civil and Criminal.
The Civil and Criminal Divi-
sion includes a Traffic and Ordinance Violations
Bureau.
\
[M.S. 0087.010 Subds. 1, 6, 6487.27, Subd. 1;
State Court Administrator]
4.3.2 Jurisdiction
,
a. In the Civil and Criminal Division, the
court has criminal jurisdiction over misdemeanors
and may conduct preliminary hearings.
In addition,
the division has original jurisdiction concurrent
with the District Court in actions where the amount'
in contest is less than $5,000; actions in forcible
entry and detainer, proceedings to quiet title to
real estate, and real estate foreclosure.
The Probate Division has exclusive jurisdic-
tion in probate and guardianship (except in Henne-
pin and Ramsey Counties where the Probate Court
hears these matters).
It also has original juris-
diction concurrent with the District Court in pro-
visions for trUst estates.
The Family Court Division has original ju-
risdiction concurrent with the District Court in
divorce and adoption proceedings.
It also has ex-
clusive jurisdiction over incompetency proceedings
-
294
312
and juvenile delinquency mat;ers (except in Henne-
pin And Ramsey Counties where the District Court
has juvenile jurisdiction).
b. The County Court has appellate jurisdic-
tion in cases heard de novo from the Conciliation
Court.
[M.S. S487.14 to 487.19, State Court Adminis-
trator]
4.4.2 Judges (136)
a. The County Court does not have presiding
judges.
Chief district judges have authority over
all courts in their districts.
Reference Section
3.4.a.
b. County Court judges must be learned in the
law and residents of the County Court districts in
which the courts have jurisdiction.
Lay judges
that were in office in 1973 may run for election
without being learned in the law.
c. County Court judges are elected at a
general
election by the voters oi their respective County
Court districts, and serve 6-year terms.
[M.S. S487.03, Subds.
1,
2; State Court Admin-
istrator]
4.5.2 Administration
a. The chief district judge serves as the chief
judge of the County Court.
Reference Section
3.5.a.
b. The district a
ator serves as the
administrator for
t e County Co
.
Reference Sec-
tion 3.5.b.
c. The clerks of the District Co
t serve as
clerks of the County Court in their respective
counties.
Reference Section 3.5.c.
4.6.2 Rule-making.
Pleading,,practice, procedure,
and forms in civil actions are governed by rules
of civil procedure for the County Courts as adopt-
ed by the Supreme Court.
The court may adopt rules
that are not inconsistent with rules promulgated
bry the Supreme Court.
[M.S. S487.23, S487.23, Subd. 2]
4.1.3 COUNTY MUNICIPAL COURT.
The court sits in
continuous session.
[M.S. S488A.18, Subd. 11]
4.2.3 Organization.
The County Municipal Court
exists only in Ramsey and Hennepin Counties.
Statute and Traffic and Ordinance Violation Bureaus
are established within these two municipalities in
which court se
are conducted.
[M.S. $4A8
d. 10, S488A.08, S488A.25]
4.3.3 Jurisdi
a. TheN.
icipal Court has jurisdiction
in cr6pinal matters constituting misdemeanors with-
:
in the two counties.
The court has jurisdiction
in civil disputes where the amount in controversy
does ndt exceed $5,000, except in cases involving
title to real estate.
The County Municipal Court
also has jurisdiction in cases of forcible entry
and unlawful detainer actions involving land within
the two counties.
b. The County Municipal Court has appellate
jurisdiction over decisions of the Consiliation
Courts in Ramsey and Hennepin Counties.
[M.S. S488A.01, Subds. 4,
5, 6, $488A.18
Subds. 4, 6, 7; State Court Administrator]
4.4.3 Judges (28).
The number of judges per court
is specified by statute.
a. The County Municipal Court does not have
presiding judges.
Chief district judges have
authority over all courts in their districts.
Reference Section 3.4.a.
b. County Municipal Court judges must be admit-
ted to the Minnesota Bar and must be residents of
the county in which their coprts have jurisdic)tion.
c. County Municipal Court judges are elecIted
1
by the voters in each of the two counties.
They
serve 6-year terms.
[M.S. S488A.021, Subds. 1, 2,
3, 3(a), 11,
S488A.19, Sobds. 2,
3, 3(a), 11]
4.5.3 Administration
a. The chief district judge erves as the
chief
judge of the County Municipal Court.
Reference
Section 3.5.a.
b. The district administrator serves as the
administrator for the County Municipal Court.
Ref-
erence Section 3.5.b.
In Ramsey County there is
an administrator of the cOurt, who is appointed by
the judges to a 6-year term.
He has all the powers
and duties incident to the office of administrator
of a.court of record.
c. In Hennepin County the district
administra-
tor assumes the responsibilities of clerk.
In
Ramsey County, the administrator supervises the
operations of the office.
[M.S. S488A.20, Subds.
1,
3; State Court Admin-
istrator]
4.6.3 Rule-making.
Pleading, practice, procedure,
and forms in criminal and civil actions are,gov-
erned by rules for the County Municipal Court as
promulgated by the Supreme Court.
A majority of
the judges of the court may adopt rules that are
not inconsistent with rules of the Supreme
Court
or statutes.
[M.S. S488A.09, Subds. 1, 2, S488A.26, Subds.
1,
2, S488A.10, Subds. 1, 2, S488A.27, Subds.
1,
2]
4.1.4 CONCILIATION COURT.
The judges of the Con-
ciliation Court may hold terms of court as often
as necessary to dispose of claims promptly.
[M.S. S48BA.12, Subd. 5,
488A.30, Subd. 5]
4.2.4 Organization.
The court may sit at appointd
places within the respective counties.
[M.S. S488A.13, Subd. 5, S488A.30, Subd. 4]
4.3.4 Jurisdiction
a. The Conciliation Court has
jurisdiction in
civil actions where the monetary amount in contest
is les& than $1,000, except in cases involving
real
estate titles.
b. The Conciliation Court has no appellate
jurisdiction.
IM.S. S488A.12, Subd. 3; S488A.29, Subd. 3;
S487.30]
4.4.4 Judges.
Hearing Officers serve as judges of
the Conciliation Court of Ramsey and Hennepin
Counties pursuant to M.S. S488A.13, Subd. 1 and
M.S. S488A.30, Subd. 1.
County Court judges serve
as Conciliation Court judges in the remaining
locations.
a. The Conciliation Court does not have presid-
ing judges.
Chief district judges have authority
over all courts in the district.
Reference Section
3.4.a.
b. Hearing Officers and County Court judges
serve as judges of the Conciliation Court.
Reference Sections 4.4.2.b, 4.4.3.b, and
6.1.7.
c. Hearing Officers serve as
Conciliation
Court judges for such periods and in rotation as
decided by the judges of the County Municipal
Court.
Reference Section 4.4.2.c.
[M.S. §488A.13, Subd. 1, S488A.30, Subd. 1]
4.5.4 Administration
a. The chief district judge serves as the chif
judge of the Conciliation Court.
Reference Section
3.5.s.
b. The district administrator serves as the
administrator of the Conciliation Court.
Reference
Section 3.5.b.
The administrator of the Ramsey
County Municipal Court also serves as the adminis-
,)
trator of the Conciliation Court in that county.
Quasi-Judicial Officers
c. The clerks.of the District Court serve as
clerks of the Conciliation Court.
The administra-
6.1.1 DISTRICT COURT
tor pf Hennepin Municipal Court, however, acts as
6.2.1 Referee
clerk of the Conciliation Court in that countyl,
a. Referees serve by appointment of the Dis-
[M.S. S488A.13, SutA. 2, S488.1.30, Subd. 4] --",
trict Court judges.
They must be attorneys.
4.6.4 Rule-making.
In Hennepin and Ramsey
b. Referees hear cases and make recommendations
Counties
majority of judges may promulgate ruler'
to the judges.
of pleading, practice, and procedure that ate not\
(State Court Administratorj
inconsistent with the statutes.
Rules for
Conciliaiion Courts in other counties are
6.1.2 PROBATF COURT
promtagetgiv6 thtSupreme Court.
6.2.2 Referee
[M.S. S488A.12, SutA. 6, i488A.29, St;bd. 6;
a. Referees serve in the Probate Courts of
State Court Administratbr]
Hennepin and Ramsey counties by appointment of the
probate judge.
Referees must be residents of the
Stale-Level Adminisiration
counties and lawyers.
Referees serve at the plea-
sure of the judges.
5.1 General administrative authority.
In order to
b. Referees have the power to take acknowledg-
provide at efficient administration of justice, the
ments and administer oaths.
Any matter, cause, or
Chief Justice supervises and coordinates the work
proceeding in the courts may be assigned to the
of the courts of the state.
He exercises general
referees.
-
supervisory powers with respect to the fiscal
[M.S. SS525.10; 525.1021
affairs of the courts and personnel.
He serves as
chief representative of the court system, providing
6.1.3 COUNTY COURT
liaison with other government branches, and he
6.2.3 Probate registrar
supervises the administrative operations of the
a. Probate registrars serve by appointment of
courts.
He also considers all recommendations of
the County Court judges.
Their qualifications
the State Court Administrator relating to the
depend on how the particular judge defines the
assignment of judges, and issues directives to
position.
judges in order to facilitate the efficient dispo-
b. Probate registrars explain informal probate
sition of court business.
Reference Section 1.5.a.
procedures to people.
They have authority to per-
(M.8. S2.724, S2.724, Subd. 4, S480.161
form ministerial functions with regard to informal
5.2 Office of the State Court Administrator
probate claims.
a. The office Is established by statute.
[State Court Administrator]
*
b. State Court Administrator
(1) The statutes provide for the position
6.1.4 COUNTYINOURT
of State Court Administrator, who is appointed by
6.2.4 Judicial officer
the SUpreme Court.
a. Judicial officers are attorneys who have
(2) The State Court Administrator must have
been appointed by County Court judges to assist
a college degree and a law degree and is appointed
with the workload. These positions are no longer
by and serves st-the pleasure of the Supreme Court.
being filled.
(2) The responsibilities and duties of the
b. Judicial officers have the same authority
State Court Administrator are enumerated in M.S.
as judges of the court.
_.
S480.15.
Among those duties are:
[State Court Administrator]
(a) Examination of administrative
methods employed in the courts.
6.1.5 COUNTY MUNICIPAL COURT (Ramsey County)
(b) Caseload management for all courts.
6.2.5 Referee
(c) Statistical collection and analysis.
a. Referees are appointed by the bench.
They
'
(d) Budget preparation and"fiscal
must be ateorneys.
management.
b. Referees hear Conciliation Court small
(e) Monitoring of dockets and caseloads.
claims cases (civil claims under $1,000).
(f) Recommendations to the legislature
[State Court Administrator,'
for the improvement of the jud cial system:
(g) Submittimg'
nual report of the
6.1.6 COUNTY MUNICIPAL COURT (Hennepin County)
activities of the State
urt Administrator's
6.2.6 Hearing officer
office.k
a. Hegring officers are4p0minted by the bench.
(h) Administration of uniform require-
They are usually clerks, but may be other persons
ments for court budget and iliformation Systems.
with internal training in court matters.
(I) Preparation and administration of
b. Hearing officers hear minor traffic viola-
uniform standards relating to court personnel.
tions.
c. Office organization.
The Office of the
[State Court Administrator]
State Court Administrator consists of 43 people:
26 professionals (including the State Court Admin-
6.1.7 CONCILIATION COURT
istrator) and 17 clerical personnel.
The staff
6.2.7 Hearing officer
1$
provides support services in the following areas:
a. Hearing Officers are appointed by the judAes
systems analyst*, computer operations, records man-
of the County Municipal Courts (located in HenneptiiN
agement, fore. development,
Ramsey Counties).
apfield representa-
and
tion; accountin; training;
onnel systems;
g
b. Hearing Officers hear small claims cases in
legislative, executive, public, and media informs-
the courts in Hennepin and Ramsey Counties.
tion; and planning Ond research, statistical analy-
sis, and legislative drafting.
Judicial Discipline
[M.S. SS480.13, 480.15; State Court Administra-
tors, p. 62; State Court Administrator]
7.1 Board of Judicial Standards.
The membership
of the board consists of 1 District Court judge, 1
296
4
314
E.
Figure 2:
Minnesota state-level administrative office of the courts, 1980
State
Court
Administrator
Information
budget
Judicial
Supreme
Systeme
and
Planning
Court
Personnel
_Education
Administration
- Systeme analysis
- Peyroll
- Education
- Statistics
- Supreme eourt
Computer operations
- Budgeting
- Training
JPC/Planning
operations
- ROCOVIS manageeent
- Accounting
- Public information
- Research
- Forme development
- Personnel systems
- Legislative drafting
- Field repreaentstion
315
.
Municipal Court judge,
1 County Court judge, 2 law,
yers who have practiced law in the state for 10
years, and 4 citizens who are not judges Or law-
yers.
Members representing the judiciary are ap-
pointed by
respect
eludicial organizations.
Lawyer members ar
nted b? the tate bar asso-
ciation.
The citizen members are appointed by the
Governor with the advice and consent of the Senate.
(M.S. S490.15, Subd. 1)
7.2 Authority and procedure for sanction.
The
Board of Judicial Standards reviews matters regard-
ing judicial disability or indictment against a
410-
I
,
.
298
judge.
After a complaint is investigated, evidenci
is presented to the board to determine probable
cause to proceed.
If probable cause is found, a
formal complaint is erved on the judge, who may
formally answer.
A fact-finding hearing is held.
The board makes its decision ard sends recommenda-
tions to the papreme Court for action.
The Supreme
Court ourtNe4pend a judge when the judge pleads
guilty to a felony.
When the conviction becomes
final, the Supreme Court removes the judge from
office.
[M.S. S490.16; State Court Administrator)
I
3 1 6
s
Cou
MISSISSIPPI
of Last Resort
SUPREME COURT.
The court meets twice each year
at
ackson, the state capital.
[Constitution, Article 6, Section 148;
-Mississippi Code 1972 Annotated (hereinafter
Code) Section 9-3-3]
1.
Or aniz tion.
The Supreme Court sits in three
di isions o
three justices each.
The Chief Jus-
ti e and two presiding justices serve as the pre-
si ing officers of the three divisions.
As deemed
ne
ssary, the court may also sit en banc.
[Const., Art. 6, 1149A; Courts Strategy, Vol.
3,
p. 2-5]
1.3
urisdiction
.
Each justice has the authority to issue
writ
of habeas corpus, mandamus, certiorari,
supe sedeas, attachment, and other extraordinary
writs.
The court has jurisdiction over all matters
relating to the state bar.
.b. The Supreme Court hears appeals from all
cases originating in Circuit and Chancery Courts,
except when a guilty plea is entered.
Direct ap-
peals from County Courts are permitted in cases
involving eminent domain and for those noncapital
felony cases transferred fro% the Circuit Court to
the County Court.
/peals from decisions of the
Justice or Municipal Courts are heard in Circuit
or County Courts.
Further appeal of these cases
to the Supreme Court is permit5ed only when a
constitutional question is raised and then only
with acceptance of the appeal by a judge of the
Circuit or Supreme Court.
[Code SS9-1-19, 11-27-29, 11-51-3, 73-3-1 to
73-3-373, 99-35-101]
1.4 Justices (9)
a. The justice whe) has served the longest con-
tinuous term on the court is the Chief Justice.
He remains in this role as long as 'he serves on the
court.
the next two most senior justices are
designated presiding justices.
b. Supreme Court justices must be at least 30
years old.
They must have been residents and-prac-
ticin; attorneYs in the state for at lea8t15 years
priot to election or appointment.
c. Supreme Court justices are elected at large
on a partisan b011ot.
The term of office for Su-
preme Court justices is 8 years.
Vacancies are
filled by gubernatorial appointment.
Appointees
serve until the first state election occurring more
than 9 months after the vacancy occurs.
[Const., Art. 6,
15145,, 145A,
1451S, 149, 150;
Code SI9-3-11, 23-5-2471 Courts Strategy, Vol.
3, p. 1-6; Executive Director, Judicial Coun-
cil]
1
,
1.5 Administration
4
.
S. Neither the Chief Justice nor the Supreme
Court has statutory or constitutional administra-
299
s
tive authority over the entire court system.
Re-
ference section 5.1 (General administrative autho-
rity).
The Chief Justice is responsible only for
"tanagement of the Supreme Court's affairs.
In this
connection, he signs warrants for the courts' ex-
penses, approves the purchase price of the Missis-
sippi Reporter, and signs the minutes of.the court.
b. The position of Executive Assistant is
authorized by order of the Supreme Court and is
appointed by the court.
Informal policy'of the
Supreme Court requires that he possess a law
degree.
The Executive Assistant assists the Chief
Justice in court management functions.
He super-
vises the preparation of the Supreme Court budget,
disseminates information on court dicisions, and
serves as ex officio secretary to the Conferenct
of Mississippi Judges and the State-Federal Judi-
cial Council (reference Table 29:
Judicial coun-
cils and conferences).
c. The clerk of the Supreme Coug is appointed
by the Supreme Court.
There are no.lormal provi-
sions for assigning admvistrative duties to the
clerk.
He exercises supervision over his own
office employees and has responsibiliEles as deter-
mined by the court.
[Const., Art. 6, S168 (1979 Supplement); Code
SS9-1-33, 9-3-45; Courts Strategy, Vol. 3, pp.
2-2, 2-3; State Court Adminiltrators, pp. 64,
65; Executive Director, Judicial Council]
1.6 Rule-making.
The Supreme Court is authorized
by statute to promulgate procedural rules regulat-
ing the proceedings of the Supreme Court itself,
provided that they are consistent with the law.
In 1975, the legislature granted the Supreme Court
civil rule-making authority over other courts and
also established the Advisory Committee on Rules
of Civil Practice and Procedure (made up of nine
judges and five attorneys).
The committee submits
proposed rules to the Supreme Court.
After the
court makes any changes it desires, the rules are
then submitted to the legislature.
If not disap-
proved within a specified period of time, the rules
are promulgated by the Supreme Court.
The court
has no constitutional or statutory authority to
prescribe rules of administration for the various
courts of the state.
The court may, however, pre-
scribe administrative rules relating to its own
business.
[Code SS9-C-29, 9-3-39, 9-3-61, 9-3-65 to
9-3-73]
Intermediate Appellate Court
2.0. There is no provision for an intermediate ap-
01,0ate court in Mississippi.
Courts of General Jurisdiction
317
Figure 1:
Mississippi court system, 1980
gUPREME COURT
9 justices
Jurisdiction:
- Appellate jurisdiction over ell
matters.
Eminent domain or
any non-capital
felony case
transferred to the
County Court from
the Circuit Court.
CIRCUIT COURT (20)
30 judges
Jurisdiction:
air
- Original jurisdiction in ell civil
end criminal matters, unless such
jurisdiction is vested in another
court.
- Issue writs of habeas corpus,
mandamus, certiorari, supersedes.
end attachments, and all other
remedial writs.
Appeal de novo or on record.
Jury trials.
1
Transfer
of
cases.
Law Division
appeals and
appeals from
decisions of
s
Justice and
MUnicipal Courts.
COUNTY COURT (16)
13 full-time judges;
7 part-time judges
LAW DIVISION
EQUITY DIVISION
YOUTH COURT
Jurisdiction:
Jurisdiction:
DIVISION (15)
- Concurrent
- Concurrent
(Created in
jurisdiction
jurisdiction
counties not
with Circuit
with Chancery
having
Family
Court.
Court.
Court)
- Any civil or
- Civil actions
Jurisdiction:
criminal
-
under $10,000.
- Juvenile
tion, excl d-
Eainent do-
matters.
ins crimi
mein, and bee -
capital of-
fensea, whic
might be
transferred by
the Circuit
tardy mattera.
Court.
- Misdemeanors,
and prelimi-
nary hearings.
w
Appeals do novo.
MUNICIPAL COURT
SO part-tins judges
urisdiction:
Municipal ordinance violations.
- Exclusive Jurisdiction over all Juvenile pro-
ceedings
any delinquent, neglected,
br battered chi d in the county where no Family
or Chancery Court exists
a
t
is stablished.
Jtyy trials.
CHANCERY COURT (20)
35 judges (dhancellors)
CHANCERY COURT
YOUTH COURT DIVISION
Jnrisdiction:
(Created in counties
Equity, divorce,
alimony, pro-
not having a Family
Court or a County
bate, bastardy,
guardianship,
Court)
Jurisdiction:
mental commit-
- Exclusive juris-
ments, and
diction in all
estate actions.
proceedings
n-
cerning any
un-
guent, negle
ed,
or battered c ild.
Appeals de novo.
Jury trials.
When no
County Court
exists.
Cases from
Equity and
Juvenile
Divisions.
FAMILY COURT
1
judge
FAMILY COURT
YOUTH COURT
Jurisdiction.
DIVISION
- tastardy matters.
Jurisdiction:
Adult crimes
- Delinquency
against
juveniles.
and neglect.
Jury trials of
ai44;........
ltIndicates route of appeal.
ItIndicates transfer of clime.
JUSTICE COURT (410)
420 judges
Jurisdiction:
- Civil actions under 5500.
- Misdemeanors, preliminary
hearings.
Jury trials.
7
300
318
.
11,
IMMIL
,M=M/
MM.
Court of
lost
resort
Courts of
general
jurisdiction
Courts of
liaited
jurisdiction
10(
3.1.1 CIRCUIT COURT.
Court is held in each county
of the state at least twice a year.
(Conat., Art. 6, 1158)
3.2.1 Organization.
The state is divided into'20
districts.
A district may have from one to seven
counties within its boundaries.
The 1st District
of Hinds County (Jackson) can be divided into
Criminal and Civil Divisions at the discretion of
the senior judge on the bench.
The Circuit Court
of the 19th District can be divided by the senior
judge into Criminal, Civil, and Appellate Divi-
sions.
(Code 59-7-3 to 9-7-53)
3.3.1 Jurisdiction
a. The Circuit Court has
original jurisdiction
in all criminal and civil matters, unless such
jurisdiction is vested in another court.
The fol-
lowing courts' jurisdictions are concurrent with
the jurisdiction of the Circuit Court:
Chancery
Court's jurisdiction over bonding offenses of
fiduciaries and public officers; Chancery, County,
and Family Courts' jurisdiction over bastardy mat-
ters; County Court's jurisdiction
in civil matters
involving less than $10,000; and Justice
Court's
jurisdiction in criminal matters where the punish-
ment does not exceed a fine and imprisonment in the
County jail.
Circuit Court judges Wn issue writs
of habeas corpus% mandamus, certiorari, supersedeas
and attachments, and all other remedial writs.
b. The Circuit Court hears appeals from the Law
Division of the County Court, except when the case
was originally transferred to the Cqunty Court by
the Circuit Court.
Appeals from Justice and, Muni-
cipal Courts are heard in the Circuit Court, except
in those counties where a County Court has been
established.
Decisions of most local administra-
tive bodies and certain state agencies are appealed
to the Circuit Court.
[Const., Art. 6, 55156, 161, 171; Code
'
559-1-19, 9-9-21, 11-51-75 to 11-51-85,
.
93-9-15, 99-33-1, 99-35-1; Courts Strategy,
Vol. 3, pp. 3-30 to 3-33]
3.4.1 Judges (30)
a. The Circuit Court does not have a chief
judge over all the districts or presiding judges
for the individual districts.
b. Circuit Court judges must be at least 26
years old and must have been practicing lawyers and
state citizens for 5 3,ears.
c. Circuit Court judges are elected to 4-year
terms on a partisan ballot by the voters
of their
respective counties.
[Const., Art. 6, 51153, 154; Code 559-7-1,
23-5-235]
3.5.1 Administration
a: There are no provisions for a chief judge
over all the districts of the
Circuit Court or for
presiding judges for the individual districts.
b. There is no provision for an administrator
over all the districts of the Circuit Court.
The
positi n,of administrator of each district is now
authori
d by a new law and three districts now
have admi istrators.
The 1979 supplement lists the
following duties for the newly authorized posi-
tions:
(1) Perform all nonjudicial tasks of the
court.
'(2) Maintain all statistical reports.
(3) Serve as liaison with the general public
and members of the bar.
(4)' Coordinate and mist the clerks of the
districts with regard to judicial duties.
4
(5) Proyide general administrative support
for all the judges and chancellors of the district.
(6) Perform other duties assigned by the
judges.
c. Circuit Court clerks are elected in county
elections.
There are no formal provisions for
assigning adminietrative duties to the clerks.
The
clerk is responsible for keeping records of all
cases, a list of sureties on bonds, and a record
of all pardons given for convictions within the
county.
He exercises supervision over his own
office employees.
(Const., Art. 6, 1168; Code 559-7-127, 9-7-137,
9-7-139; Code 519-17-1, 9-17-3 (1979
supplement); Executive Director, Judicial
Council)
3.6.1 Rule-making.
Each Circuit Court can estab-
lish its own procedural rules and orders, provided
they are consistent with the law.
In addition,
Circuit Courts can establish their own administra-
tive procedures.
(Code 19-1-29)
3.1.2 CHANCERY COURT.
Court m6st be held in each
county of the state at least twice a year.
[Const., Art. 6, 1164; Code 19-5-3)
3.2.2 Organization.
The state has been divided
into 20 districts, each of which contains from one
to eight counties.
In those counties where a
Family Court or a County Court has not been estab-
lished, the Chancery Court has
Youth Court Divi-
sion.
[Code 559-5-5 to 9-5-55, 43-21-107)
3.3.2 Jurisdiction
a. The Chancery Court exercises
original juris-
diction in the following:
all matters in equity;
divorce and alimony; piobate; juvenile matters;
mental competency cases; and controversies involv-
ing real estate titles.
It has concurrent juris-
diction with th? Circuit Court in matters relating
to the bonds of fiduciaries and public
officers for
failure to account for money or property and in
matters relating to mutual accounts.
It also has
concurrent jurisdiction with the County Court
in
equity cases involving less than $10,000 and with
the Circuit, County, and Family Courts in bastardy
matters.
In addition, the court has jurisdiction
in all cases transferred to it by the
Circuit
Court, remanded to it by the Supreme Court, or as
otherwise provided for by law.
Chancellors have
the same authority as Circuit Court judges to issue
extraOrdinary writs.
The Youth Court Division has
exclusive jurisdiction in all proceedings concern-
ing any delinquent, uegiected, or battered child.
b. The Chancery Court has jurisdiction over
appeals from the following sources:
Equity and
Youth Divisions of the County Courts; Boards of
Supervisors and municipal authorities in cases
involving the issuance and sale of bonds; Family
Courts, where they exist; and certain state agen-
cies, as specified in the statutes.
[Const., Art.
1161; Code 559-1-19, 9-5-81,
9-9-21, 11-51-75, 11-51-79, 31-13-5 to 31-13-7,
43-21-7, 43-21-51, 43-23-49, 93-9-15; Courts
Strategy, Vol. 3, pp. 3-30 to 3-33, 4-29 to
4-30]
3.4.2 Judges (Chancellors) (35)
-The Chancery Court does not have a chief
e over all the courts or presiding judges for
he individual districtse
b. Chancellors must be at least 26 years old
and must have been practicing attorneys and state
residents fa* at least 5 years.
301
319
c. Chancellors are elected to 4-year terms on
partisan ballots in county elections.
[Const., Art. 6, SS153, 154;r0Eode SS9-5-1,
25-5-2)5]
3.5.2 Administration
a. There are no provisions for a chief judge
.
over all the districts of the Chancery Court or for
presiding judges for the individual districts.
b. There is no provision for an administrator
oVer all the districts of the Chancery Court.
Administrators for the districts are now authorized
by a new law.
Reference Section 3.5.1.
c. Chancery Court clerks are elected by the
voters of their respective counties.
There are no
formal provisions for assigning administrative
duties to the clerks.
They exercite supervision
over their own office employees and have respon-
sibilities as determined by their respective
courts.
[Const., Art. 6, S168; Code S9-17-1 (1979 Sup-
plement); Executive Director, Judicial Council]
3.6.2 Rule-making.
Each Chancery Court can estab-
lish its own rules and administrative procedures,
provided they are consistent with the law.
[Code S9-1-291
Courts of Limited or Special Jurisdiction
4.1.1 COUNTY COURT.
If there is only one Circuit
COurt district in the county, the term begins on
tie second Monday of each month.
If there is more
tian one district in the county, the court must sit
once in each district every month.
Although Jones,
Hinds, Bolivar, and Harrison Counties have two,
circuit districts within their borders, the court
is allowed to alternate, sitting one month in one
district, and the next month in the other district.
[Code §9-9-191
42.1 Organization.
Sixteen of the state's 82
counties have County Courts.
A County Court can
be established by the county's Board of Supervisors
if the county meets certain statutory requirements.
Although two or more counties may be served by a
single court if the action is approved by the
Boards of Supervisors, there are no joint County
Courts at the present time.
The County Court has
a Law Division and an Equity Division.
Every
County Court, except the one in Harrison County,
must have a Youth Court Division.
[Code SS9-9-1, 9-9-3, 43-21-3, 43-21-7; Courts
Strategy, Vol. 4, p. 5-3; Executive Director,
Judicial Council]
4.3.1 Jurisdiction
a. The County Court has criminal jurisdiction
over all misdemeanor cases and it conducts prelimi-
nary hearings in felony cases.
The court also has
jurisdiction in all civil and criminal cases, ex-
cluding capital offenses, which might be transfer-
red to it by thp Circuit Court.
All civil and
criminal iatters that can be heard in the Justice
Court can also be heard in the County Court.
Ju-
risdiction is also shared with Circuit and
Chancery Courts in all civil cases involving less
than il0,000 and in all bastardy matters.
The Law
Division handles those matters that would other-
wise be within the jurisdiction of the Circuit
Court; the Equity Division handles those matters
that would otherwise be within the jurisdiction of
the Chancery Court.
The County Court has exclu-
sive jurisdiction in cases involving eminent do-
main, partition of personel property, and unlawful
entry and detainer.
In the 16 counties that have
County Courts, the Youth Court Division of the
County Court has exclusive jurisdiction in all
juvenile matters, .except in Harrison County where
the Youth Court Division is a part of the Family
Court.
b. The County Court hears appeals from deci-
sions of the Justice and Municipal Courts within
the county.
[Code SS9-9-21, 9-9-27, 11-51-81,43-21-3,
43-21-7, 43-23-55, 93-9-15; Executive Director,
Judicial Council]
4.4.1 Judges (13 full-time and 7 part-time judges)
a. The County Court does not have presiding
judges.
b. County Court judges must be at least 25
years old, must he practicing lawyers, and must
have been state citizens for 5 years.
c. County Court judges are elected on partisan
ballots in county elections.
[Code S9-9-51
4.5.1 Administration
a. There are no provisions for presiding judges
for the County Court.
b. The position of administrator has been
authorized by a new law.
Reference Section 3.5.1.
c. The elected clerks of the Circuit Court also
serve as the County Court clerks.
There are no
formal provisions for assigning administrative
duties to the clerks.
[Code S9-9-29;Code S9-17-1 (1979 Supplement)]
4.6.1 Rule-making.
Each County Court can establish
its own rules and administrative procedures, pro-
vided they are consistent with the law.
[Code S9-1-291
4.1.2 FAMILY COURT.
The Family Court sits in con-
tinuous session.
(Executive Director, Judicial Council)
4.2.2 Organization.
A Family Court can be estab-
lished in those counties that meet certain statu-
tory requirements.
At the present time, only
Harrison County (Gulfport) has established a Family
Court.
The Family Court has a Youth Division.
[Code S43-21-107, 43-23-1; Courts of Limited
Jurisdiction:
A National Survey, p. 2061
4.3.2 Jurisdiction
a. The Family Court has exclusive jurisdiction
over adults charged with contributing to the neg-
lect or delinquency of a juvenile.
It has concur-
rent jurisdiction with Circuit, Chancery, and
County Courts in bastardy matters.
The Youth Court
Division has exclusive jurisdiction over delin-
quent, neglected, or battered children.
b. The Family Court has no appellate jurisdic-
tion.
[Code SS43-23-5, 43-23-23, 43-23-25, 93-9-15;
Code SS43-21-105, 43-21-107, 93-9-15 (1979
Supplement)]
4.4.2 Judges (1)
a. The Family Court does not have presiding
judges.
ao Family Court judges must be at least 25
yeard old, must be practicing lawyers, and must
have been state citizens for 5 years.
c. Family Court judges are elected for 4-year
terms on partisan ballots by the voters of the
respective counties.
[Code SS43-23-39, 43-23-411
4.5.2 Administration
a. There are no provisions for presiding judges
for the Family Court.
302
3 2
b. Although there is no statutory provision for
an administrator for the Family Court, an
adminis-
trator serves the court.
c. Statutes provide for a Family Court clerk,
who is appointed by the judge.
There are no formal
provisions for assigning administrative duties to
the Family Court clerk.
He exercises supervision
over his own office employees and has responsibili-
ties as determined by the court.
[Code S43-23-41; Executive Director, Judicial
Council)
4.6.2 Rule-making.
A Family Court can establish
its own rules and administrative procedures, pro-
vided they are consistent with the law.
[Code S9-1-291
4.1.3 JUSTICE COURT.
Th
Justice Court must hold
one or two terms per month.
If the workload
demands, the court may sit in continuous session.
[Code S9-11-15I
4.2.3 Organization.
There are five Justice Court
districts in each of the state's 82 counties.
Each
district normally has only one judge; however, the
county Board of Supervisors is authorized to
increase theinumber of judges to two per district.
[Code S9-11-11
4.3.3 Jurisdiction
a. The Justice Court has concurrent criminal
jurisdiction with the Circuit Court'in cases where
the punishment does not exceed a fine and sentence
to the county jail.
By a constitutional amendment,
the civil jur_isdiction of the Justice Court was
enlarged in 1976 by raising the limit on the amount
in controversy from $200 to $500.
b. The Justice Court has no appellate jurisdic-
tion.
[Const., Art. 6, S171, Code S99-33-1]
4.4.3 Judges (420)
a. The Justice Court does not have presiding
judges.
b. Each Justice Court judge must have resided
in the county for at least 2 years and must possess
a high school diploma.
If he is not an attorney,
he must attend an I8-hour seminar conducted by the
attorney general.
c. Justice Court judges are elected to
4-year
terms on partisan ballots by the voters of their
respective Justice Court districts.
[Const., Art. 6, SI71, Code SS9-11-I, 9-11-31
4.5.3 Administration
a. There are no provisions for presiding jus-
tices for the Justice Court.
b. There are no provisions for administrators
for the Justice Court.
Reference Section 5.2.b
(state-level administrator).
c. Justicq*Court judges may now appoint
clerks.
They have responsibilities as determined by their
respective courts.
[Code S9-11-27 (1979 supplement))
4.6.3 Rule-making.
Each court can establish its
own rules and administrative procedures,
provided
they are consistent with the law.
[Code 19-1-29f
4.1.4 MUNICIPAL (POLICE) COURT.
The Municipal or
Police Court sits in continuous session.
[Executive Director, Judicial Council)
4.2.4 Organization.
A court
is required in all
municipalities in the state.
In cities,of over
12,000 population that are not located in counties
notbserved by a Family Court or a County Court,
the Municipal Court can establish a Youth Court
303
Division, except where prohibited by law.
The
establishment of this division must be approved
by the governing body of the city.
[Code SS21-23-1, 43-21-3, 43-21-1071
4.3.4 Jurisdiction
a. The Municipal Court has jurisdiction over
all municipal ordinance violations'.
It sits as a
committing court in all felonies commwed within
the municipality and in all state criminal law vio-
lations committed in the county and outside the
municipal boundaries.
The Municipal Court judge
sits as ex officio Justice Court judge over all
cases occurring in the municipality.
In cities
where no Family Court or County Court exists and a
Youth Court Division is established, the court has
exclusive jurisdiction over all proceedings involv-
ing any delinquent, neglected, or batte'red child
in the county.
b. The Municipal Court has no appellate juris-
diction.
[Code SS21-23-7, 43-21-3, 43-21-7, 43-21-1071
4.4.4 Judges (150)
a. The Municipal Court does not have presiding
judges.
b. Municiial Court judges, depending upon the
population and size of the county, must be quali-
fied voters of their counties and must be attor-
neys, or Justice Court judges whose district lies
in whole or in part in the municipality, or the
mayor or mayor pro tempore.
c. Municipal Court judges are appointed by the
governing body of the municipality.
If a ludge is
not appointed, the mayor or mayor pro tempore
serves as ex officio judge.
The judge's term is
locally determined.
[Code SS21-23-3, 21-23-51
4.5.4 Administration
a. There are no provisions for presiding
judges
for the Municipal Court.
b. There are no provisions for administra ors
for the Municipal Court.
Reference Section 5 2.b
(state-level administrator).
c. Clerks of the municipalities serve as
cipal Court clerks, unless otherwise determine
by
the local governing body.
There are no formal pro-
visions for assigning administrative duties to the
clerks.
They have responsibilities as determined
by their respective courts.
[Code S2l-23-Ill
4.6.4 Rule-making.
Each Municipal Court can estab-
lish procedural and administrative rules not in
conflict with the law.
[Code S9-1-29)
State-Level Administration
5.1 General administrative authority.
Neither the
Chief Justice nor the Supreme Court possesses stat-
utory or constitutional administrative authority
over the entire court system.
The Chief Justice
appoints Circuit or Chancellor Court judges to hear
election contests or complaints and appoints one
judge of a court of record to serve on the Judicial
Council (reference Table 29; Judicial councils and
1 conferences).
The Executive Assistant of the Su-
preme Court and the trial court administrators in
the 2nd and 19th Districts of the Circuit Court are
administrative officers who serve only their own
courts.
Reference Section I.5.a.
The Judicial Council, an advisory body estab-
lished by the 1977 legislature, is assigned the
following duties
study administrative procedures
321
Figure 2:
Mississippi state-level administrative office of the courts, 1980
Executive
Director of
the Judicial
Council
/
16110'
1...isms
Information
Finance and
Public
Planning and
Systens
Budget
Information
Research
Activities
and Liaison
Activities
Activities
Computer operations
Records iminegement
Forme development
- Payroll
- Accounting
- Budgeting
- Legislative,
executive,
and media
public,
- Statistical com-
pilation
- JPG/Planning
- Field representation
- Purchasing
information
Research
- Legislatile
Statistical analysis
liaison
- Legal services
- Legislative drafting
304
e
322
in all courts on a continual basis; receive criti-
cism and suggestions about the courts; study and
make recommendations on judicial districting; apply
for grants and other assistance; collect data end
coordinate studies for the improvement of adminis-
tration; and make recommendations and file an
annual report to the Supreme Court and the legis-
lature.
The Judicial Council was not reenacted by
the 1980 legislature; therefore, it stands repealed
June 30, 1980.
[Code S23-3-47; 1977 Mississippi Legislature
Senate Bill No. 2530; Executive Director,
Judicial Council)
5.2 Administrative office of the courts. There is
no administrative office of the courts in Missis-
sippi, however, there is an Executive Assistant
who assists the Chief Justice in court management
functions.
(Reference Section 5.1).
Quasi-Judicial Officers
6.1.1 CHANCERY COURT
6.2.1 Master
a. The Chancery Court may appoint two or more
persons in each county to be masters of the court.
They serve at the chancellor's pleasure.
Qualifi-
cations are determined hy each case.
b. Masters may administer oaths, subpoena and
examine witnesses, examine and report upon all
referred matters, and execute all decrees directed
to them.
In certain counties, masters may conduct
original hearings.
Their findings are approved or
disapproved by the chancellor.
(Code SS9-5-241, 9-5-243, 9-5-245, 25-7-35;
Executive Director, Judicial Council)
6.1.2 CHANCERY COURT
6.2.2 Special commissioner
a. The Chancery Court can appoint a special
commissioner in any particular case.
Qualifica-
tions are determined in each case.
b. There are no statutory provisions relating
to assignment or duties of a commissioner.
In
practice, they perform duties similar to those per-
formed by masters.
[Code S9-5-251; Executive Director, Judicial
Council]
6.1.3 CIRCUIT COURT
6.2.3 Referee
a. In cases where matters of account are in
controversy, the court may, on the application of
either party, appoint up to three persons to act
as,referees.
Qualifications are determined in each
case.
b. Referees may administer oaths and issue
subpoenas for witnesses.
Their report becomes
final upon approval of the court.
(Code §S11-7-139, 11-7-141, 11-7-143; Executive
Directcr, Judicial Council]
6.1.4 CIRCUIT COURT AND CHANCERY COURT
6.2.4 Arbitrator
a. All persons, except infants and persons of
unsound mind, may submit a controversy to one or
more arbitrators, with the court making final judg-
ment.
Arbitrators must be disinterested persons.
b. Arbitrators decide the issues in the contro-
versy submitted.
[Code SS11-15-1, 11-15-3, 11-15-11, 11-15-21,
11-15-29, 11-15-311
6.1.5 FAMILY COURT
6.2.5 Referee
a. The judge may appoint a person, trained in
the law, to serve as a referee at the judge's
pleasure.
b. The referee may hear a case and make recom-
mendations to the judge, who makes the final
determination.
[Code S43-23-271
Judicial Discipline
7.1 Mississippi Commission on Judicial Performance.
The commission is composed of one Circuit Court
judge, appointed by the Conference of Circuit
Judges; one chancellor, appointed by the Conference
of Chancellors; one County Court judge, appointed
by the Conference of County Judges; one Justice
Court judge, appointed by the Justice Court
Officers Association; two lay members, appointed
by the Judicial Council; and one attorney who has
practiced law in the state for at least 10 years,
appointed by the bar association.
Reference Table
29:
Judicial councils and conferences.
[Const., Art. 6, S177A (1979 supplement)]
7.2 Authority and procedure for sanction.
The com-
mission has the authority to recommend to the Su-
preme Court the removal, retirement, suspension,
censure, or reprimand of any justice or judge for
any of several delineated grounds.
All proceedings
of the commission are confidential, except upon
unanimous vote of the commission.
After
recom-
mendation of removal or public reprimand is filed
with the clerk of the Supreme ,CoUrt, thi charges
and recommendations of the commission are made pub-
lic.
The commission may, with 213 of its members
concurring, recommend the temporary ituspension of
any justice or judge against whom formal charges
are pending.
When a justice of the Supreme Court is investi-
gated, the recommendation of the Commission on
Judicialyerformance is determined by tbe tribunal
of seven jUdges, selected by lot from a list con-
sisting of all Circuit Court and Chancery Court
judges, at a public drawing by the Secretary of
State.
The vote.of the tribunal is by secret bal-
lot.
Kona., Art. 6, S177A (1979 8upplement)1
305
323
Figure 1:
Missouri court system, 1980
SUPIIMI ODURT
7 justices
Jurisdiction:
- Exclusive appellate Jurisdiction in
cases involving constitution, treaty,
or statute, revenue lava, title of any
state office, death penalty or life
imprisonment.
COURT OF APPEALS (3)
30 judges
Jurisdiction:
- Appellate Jurisdiction not exclusively
designated in Supreme Court.
tillmsem
Death penalty;
life imprison-
ment.
Consti-
tution, trty.
statute.
Revenue
laws.
Title of
any state office.
CIRCUIT COURT (43)
CIRCUIT COURT
ASSOCIATE CIRCUIT DIVISION
PRORATE DIVISION
MUNICIPAL DIVISION
131 judges
169 associate judges (assoc-
(Certain circuit judges
(Associate circuit
Juriediction:
fete circuit Judges
serve as probate judges.
Judges and municipal
- All civil matters.
can erve as municipal
Associate judges can also
.ludges hear cases.)
- All criminal cases:
and probate Judges).
serve as probate Judos.)
Jurisdiction:
felony and misds-
Jurisdiction:
Jurisdiction
- Exclusive Jurisdic-
meanor eaaters.
- Civil actions under 55,000.
- Exclusive original
tion over city
- Juvenile matters.
Smell claims.
)orisdiction over all
ordinance viola-
Jury trials.
- Misdemeanors, PrlininarY
probate end mental
tions.
hearings, municipal ordi-
nance violations in munici-
pality with population
over 400,000 and where
samicipal lodge is not
provided.
commitment matters.
Jury Trials.
- Traffic cases.
No jury trials.
itIndicates routs of appeal.
oMl
Court of
last
resort
Intermediate
appellate
Court
Court of
general
jurledicOon
MISSOURI
1
Court of Last Resort
1.1 $UACE COURT.
Sessions are held in Jefferson
City at times fixed by the court.
[Constitution, Article 5, Section 21
1.2 Or anization.
The Supreme Court may sit en
banc or in divisions of at least three judges, as
the court determines.
A majority of a division
constitutes a quorum with all orders, judgments,
and decrees having the force and effect of the
court.
[Const., Art. 5, 171
1.3 Jurisdiction
a. The Supreme Court may issue and determine
original remedial writs.
It has the responsibility
for resolving disputes between the Governor and the
Disability Board reearding the inability of the
Governor to discharge the power and duties of his
office.
The Supremo Court has the duty to try
impeachments.
The court also has control over bar
admissions.
b. The Supreme Court has exclusive appellate
jurisdiction in all cases involving the following:
(1) The validity of a treaty or statute of
the United States, or a statute or provision of the
Constitution of Missouri.
(2) The construction of the revenue laws of
the state.
(3) The title to any state office.
(4) All appeals involving offenses punish-
able by a sentence of death or life imprisonment.
The Supreme Court may finally determine all
causes coming to it from the Court of Appeals,
whether by certification, transfer, or certiorari,
the same as an original appeal.
A cause in the
Supreme Court is transferred to the court en banc
when the members of a division are equally divided
in opinion, or when the division so orders, or on
application of the losing party when a member o4
the division dissents from the opinion therein, or
pursuant to Supreme Court rule.
[Const., Art. 4, 111(b), Art. 5, 114, 9, 10,
Art. 7, 12; Vernon's Annotated Missouri
Statutes (hereinafter V.A.M.S.) Sections
106.030, 484.040; State Courts Administrator]
1.4 Justices (7)
a. The Chief Justice is selected through a
court rotation system.
He serves a 2-year term.
Each division of the court also selects a presididg
judge for a 2-year term.
b. Supreme Court justices must have been citi-
zens of the United States for at least 15 years,
must have been qualified voters of the state for 9
years preceding their election, must be at least
30 years of age, and must be licensed to practice
law in Missouri.
c. Whenever a vacancy occurs, the Governor
fills the vacancy by appointing one of three quali-
fied persons whose names are aubmitted by a non-
partisan Judicial Commission (reference Table 12:
Characteristics of judicial nominating commissions).
307
If the Governor fails to appoint any of the nomi-
nees within 60 days after the list was submitted,
the Judicial Commission appoints one of the nomi-
nees to fill the vacancy.
After appointment, Jus-
tices serve until December 31 following the next
general election after the expiration of 12 months
in office.
Late in their initial term, justices
must face a retention election.
Those retained
then serve 12-year terms.
[Const., Art. 5, 118, 19, 21, 25(a),
25(c).(1);
Missouri Supreme Court Rule (hereinafter S.C.
Rule) 82.011
1.5 Administration
a. The Chief Justice exercises administration
and supervision over the entire court system
through the State Courts Administrator, the chief
judges of the Court of Appeals, Circuit Court pre-
siding judges, and trial court administrators.
Reference Section 5.1 (General administrative
authority).
The Chief Justice must perform duties
prescribed by the Supreme Court.
Supreme Court
Rule 1.01 makes the Chief Justice the administra-
tive officer of the court.
The Chief Justice can
appoint a member of the court to serve in his place
on the Executive Council of the Judicial
Conference
(reference Table 29:
Judicial councils and confer-
ences).
The presiding judge of each division of
the court is the administrative officer of the
division.
b. The Supreme Court appoints a State Courts
Administrator and other staff to aid in the admin-
istration of the courts.
Reference* Section 5.2.b
(state-level administrator).
c. The Supreme Court appoints a clerk and other
staff to aid in the administration of the business
of the Supreme Court.
[Const., Art. 5, 114(2), 8; V.A.M.S. 11476.340,
477.005; S.C. Rule 82.011
1.6 Rule-making.
The Supreme Court may establish
rules relating to practice, procedure, and pleading
for all courts and administrative tribunals.
These
rules have the force and effect of law.
The Supreme
Court has general superintending control over
all courts and tribunals in its jurisdiction.
The
Court may make temporary transfers of judicial per-
sonnel from one court or district to another as the
administration of justice requires, and may estab-
lish rules with respect to these transfers.
[Const., Art. 5, 11 4(Amendment), 5, 61
Intermediate Appellate Court
2.1 COURT OF APPEALS.
The court sits in St. Louis,
Kansas City, and Springfield for the following
terms:
'St. Louis--one term per year starting in
September; Kansas City--terms beginning in January,
May, and September; and Springfield--continuous
session.
[Missouri Court of Appeals Special Rules, Rules
2.01, Rule V. and Rule II
2.2 Organization.
The Court of Appeals is coral/pied
of three leographically determined districts.
Any
district of the Court of Appeals may sit in divi-
sions of at least three judges, as the district's
judges imay determine.
A majority of a division
,constitutes a quorum, and all orders, judgments,
and decrees have the force and effect of those of
the court.
[Const., Art. 5,
17)
2.3 Jurisdiction
a. The Court of Appeals may issue and determine
original remedial writs.
b. The Court of Appeals has general appellate
jurisdiction in all cases except those within the
exclusive jurisdiction of the.Supreme Courl.
Cases
pending in the Court of Appeals are transferred to
the Supreme Court when any participating judge
dissents from the majority opinion and certifies
that he deems the opinion to be contrary to any
previous decision of the Supreme Court or of the
Court of Appeals, or any district of the Court of
Appeals.
Cases pending in the Court of Appeals may
be transferred to the Supreme Court by order of the
majority of the judges of the participating dis-
trict of the Court of Appeals, after opinion, or
by order of the Supreme Court before or after opin-
ion because of the general interest or importance
of a question involved in the case, or fdlhple pur-
pose of reexamining the existing law, or PUTsuant
to Supreme Court rule.
(Const., Art. 5, 113, 4,
10; State Courts Ad-
ministrator)
2.4 Judges (30)
a. There is no provision for a chief judge over
all the districts of the Court of Appeals.
Each
district of the Court of Appeals selects a chief
judge from among its members.
The chief judges
serve 2-year terms.
b. Court of Appeals judges must meet the same
qualifications as Supreme Court Justices.
Refer-
ence Section 1.4.b.
They must also be residents
of the districts that they serve.
c. Court A Appeals judges are selected in the
same manner and for the same term as Supreme Court
justices.
Reference Section 1.4.c.
[Const., Art. 5, 118, 21; State Courts Adminis-
trator)
2.5 Administration
a. Whereas there is no provision for a chief
judge over all the districts of the Court of Ap-
peals, the chihkuudges of the individual districts
perform duties prescribed by their respective
courts.
The chief judge of ach district must sub-
mit reports on the court to the Judicial Confer-
ence.
b. There is no provision for an administrator
for the Court of Appeals.
Reference Section 5.2.b
(state-level administrator).
c. Each district of the Court of Appeals is
authorized to appoint a clerk.
There are no formal
provisions for assigning administrative duties to
the clerk.
He has supervisory duties in aiding the
administration of the court.
[Const., Art. 5, 18; V.A.M.S. 11476.350,
477.005; State Courts Administrator)
2.6 Ruls-makin .
Procedural rule-making authority
is solely in the Over of the Supreme Court.
Ref-
erence Section 1.6.
The Court of Appeals is autho-
rized to make rules governing the administration of
judicial business consisEent with the rules of the
Supreme Court, the constitution, or statutory law
in force.
The Court of Appeals has general super-
intending control over all trial courts and
tribunals in its jurisdiction.
(Const., Art. 5, 114 (Amend.), 5; State Courts
Administrator)
Court of General Jurisdiction
3.1 CIRCUIT COURT.
The court sits in continuous
session.
(V.A.M.S. i47g.2054
3.2 Organization.
The state is divided into 43
circu-its.
Each circuit consists of three divi-
sions:
the Associate Circuit, Probate, and Munici
*
pal Divisions.
In each circuit there is at least
one Circuit Court judge.
Where there is more than
one judge, the court can sit in general term or in
divisions. The number of judges in each circuit is
determined by law.
One resident associate judge
serves in each county, and each county has as many
associate judges as provided by law.
(V.A.M.S. S478.073 to 1478.183; State Courts
Administrator)
3.3 Jurisdiction
a. The Circuit Court has original jurisdiction
over all cases and matters, criminal and civil.
The Associate Circuit Division hears civil
actions under $5,000, small claims, misdemeanors,
preliminary hearings in felony cases, municipal
ordinance violations in municipalities with popula-
tion over 400,000.with no municipal judge, and
traffic cases.
The Probate Division has exclusive original
jurisdiction over all probate and mental health
matters.
The Municipal Division has exclusive juris-
diction over city ordinance violations.
b. The Circuit Court has no appellate jurisdic-
tion.
[Const., Art. 5, 114)
3.4 Judges (300:
131 Circuit Court _judges and 169
associate Circuit Court judges)
a. There is no provision for a chief judge over
all the circuita of the Circuit Court.
The Circuit
Court judges and associate judges select from their
number a judge to serve as presiding judge in that
circuit for a term of 2 years.
b. Circuit Court judges must have been citizens
of the United States for at least 10 years, must
have been qualified voters of the state for 3 years
preceding their election,..mifil be not less than 30
years of age, must have been residents of the cir-
cuit for at least
1 year, apd must be licensed to
practice law in Missouri.
Associate Circuit Court
judges must be qualified voters of the state and
residents of the county, must be at least 25 years
of age, and must be licensed to practice law in
the state.
c. Circuit Court judges are elected to 6-year
terms at general elections by the voters within the
geographic jurisdictional limit.
Associate judges
are elected to 4-year terms.
[Const., Art. 5, 1119, 21, 25(c)(1); V.A.M.S.
§478.010; State Courts Administrator)
3.5 Administration
a. Whereas there is no provision for a chief
judge over all the circuits of the Circuit Court,
the presiding judge of each circuit has general
administratiVe authority over all judicial person-
nel and court officials in the circuit including
authority to reassign personnel within the circuit,
and authority to assign Circuit Court Auld associate
Circuit Court judges to hear particular cases.
308
326
b. There is no provision for an administrator
over all the circuits of the Circuit Court.
The
16th, 21st, and 22nd Judicial Circuits, however,
are authorized to have court administrators ap-
pointed by the judges of their circuits.
In the
16th Judicial Circuit, the administrator is respon-
sible for administering management services, bud-
get, personnel, service of process, and computer
services.
In the 21st Judicial Circuit no duties
are defined.
In the 22nd Judicial Circuit the
administrator is to assist in the administration
of the court.
c. Clerks are elected in every county and the
city of St. Louis.
There are no formal provisions
for assigning administrative duties to the clerk.
He has supervisory duties in aiding the administra-
tion of the court.
[V.A.M.S. 1483.015, Jackson County Charter;
Article 4.430 of the St. Louis County Charter;
Order of general term of 22nd Circuit Court,
Revised Statutes of Missouri 478.240(2), State
Court Administrator]
3.6 Rule-makin&.
Reference Section 1.6.
Court of Limited or Special Jurisdiction
4.0 There are no courts of limited or pecial ju-
risdiction in Missouri.
State-Level Administration
5.1 General administrative authority.
The Chief
Justice is the chief administrative officer of the
judicial system and supervises the administration
of all courts in the state.
Reference Section
1.5.a.
[Collat., Art. 5, $81
5.2 Office of the State Courts Administrator
a. The Office of the State Courts Administrator
is authorized by the constitution and Supreme Court
rule.
b. State Courts Administrator
(1) Article 5, Section 4 of the Missouri
Constitution authorizes the Supreme Court to
appoint an administrator to aid in the administra-
tion of the courts.
(2) The State Courts Administrator is ap-
pointed by the court to serve at its pleasure.
There are no siatutory or constitutional qualifica-
tions for the position of State Courts Administra-
tor.
(3) The State Courts Administrator has the
following responsibilities:
(a)
Conduct training sessions for
judges, law clerks, court reporters, and clerks.
(b)
Develop and maintain a state-wide
electronic data processing system to collect data
on the operation of the various courts in the
state and to aid in court management.
(e)
Transfer judges from one court to
another as needed.
(d)
Develop and Implement a new
record-keeping system in the Circuit Court.
(e)
Conduct studies on topics of
interest to the court and make recommendations
thereon.
(f)
Process payroll and maintain
retirement records for Circuit Court judges, court
reporters, and juvenile officers.
(g)
Provide the staff to administer
the public defender program.
(h)
Providerataff services to the
Judicial Planning Committee.
The Judicial Planning
Committee is made up of the Chief Justice, a jus-
tice of the Supreme 'Court, a Circuit Court judge,
an associate Circuit Court judge, a Municipal Court
judge, a state senator, the attorney general's
office, a law professor, a public defender, a pros-
ecuting attorney, and a citizen.
The State Courts
Administrator serves as secretary.
The committee's
functions include the following:
establishing
priorities for improvement of the courts; defining,
developing, and coordinating programs and projects
for improvement of the courts; and developing a
state courts plan in accordance with the Omnibus
Crime Control and Safe Streets Act of 1968 and the
Justice System Improvement Act of 1979.
Staff
services are also provided to other state commit-
tees.
They:
(1)
Assist the Supreme Court in imple-
menting the Court Reform and Revision Act of 1978.
(j)
Prepare statistical analyses and
reports and transmit them to the courts.
(k)
Prepare and submit budget estimates
of state appropriations for the maintenance and op-
.
eration of the judicial system.
(1)
Examine state of the dockets of the
courts and determine need for assistance.
c.
Office organization.
The Office of the
State Courts Administrator consists of 51 people.
28.5 professionals (including the State Courts
Administrator) and 22.5 clerical personnel.
The
staff provides support services in the following
areas:
systems analysis, programming, computer
operations, records management, forms development,
field representation, system programming, and
liaison formating; court reporting, court coordi-
nation, facilities management, public defender
services, committee staffing, and other court ser-
vices; payroll, accounting, auditing, budgeting,
purchasing, and grants, education, training, li-
brary, publications, and judicial and court liai-
son; personnel ystems and office management;
legislative, executive, public, and media informa-
tion, legislative liaison, executive liaison, and
special assignments usually relating to public in-
formation; and planning and research activities,
which include statistical analysis, legal services,
legislative drafting, grants development, and re-
port preparation.
[Const., Art. 5, 64, Missouri Supreme Court
Rule 82.03, State Courts Administrator]
309
Quasi-Judicial Officers
6.1 SUPREME COURT
6.2 Commissioner
a. Effective January 1,
1972 the law creating
the position of commissioner was repealed.
Commis-
sioners holding office on this date shall continue
to hold office as commissioners of the court until
the end of their terms, and shall be eligible for
reappointment thereafter from term to term under
existing law until retirement, death, resignation
or removal for cause.
Currently, there are gully
two commissioners serving the Supreme Court.
Com-
missioners serve 4-year terms.
b. A commissioner may be assigned by the
Supreme Court as a senior judge to any court in
,
the state or as a special commissioner.
When
serving as a senior judge he shall have the same
powers as an active judge.
[Const. Art. 5 $27(11)]
Judicial Discipline
327
Figure 2:
Missouri state-level administrative office of the courts, 1980
State
Court
Administrator
1
dourt
Services
Planning,
Research,
and Training
Fiscal
Operations
Court reporting
7 Atatistical
Payroll
Systems analysts
Court coordination
compilation
- Accounting
- Programming
/ether court services
- JPC/plenning
Auditing
- Computer operations
Facilities management
- Research
Sudgeting
- Recorders management
- Public defender
Evaluation
Purchasing
- Forms development
Committee staffing
- Statistics
Grants management
Field representation
- Legislative, cop-
- Legal services
- System programming
utive. publisdrand
- Legislative drafting
Personnel systems
media information
- Grants development
Office management
- Legislative liaison
Education
Training
Library
Publications
- Judicial and court
liaison
328
310
7.1 Commission on Retirement, Removal, and Disci-
pline of Judges.
The commission is composed of two
nonlawyer citizens appointed by the Governor, two
lawyers appointed by the governing body of the
Missouri Bar, one judge of the Court of Appeals
selected byls majority of the judges of the Court
of Appeals', an4 one judge of the Circuit Court
selecttd by a majority of thp circuit judges of the
state.
[Const., Art. 5, 1241
7.2 Authority and procedure for sanction.
Judges
are disciPlined and removed by the Supreme Court
311
sitting en banc after concurring with the recommen-
dation of the Commission on Retirement, Removal,
and Discipline of Judges.
The commission receives
and investigates all complaints concerning miscon-
duct of judges and magistrates.
It is required to
give notice to the person,heing investigated and
hold a hearing.
When there it a'recommendation by
an affirmative vote of at least four of the six
members of the commission and the Supreme Court
sitting en banc concurs, the offending judge must
be removed, retired, uspended, or disciplined by
the Supreme Court.
[Const., Art. 5, 1241
329
Figure 1:
Montana court system, 1980
SUPREME COURT
7 justices
Jurisdiction:
- Appellate jurisdiction in all cases.
DISTRICT COURT (19)
32 judges
Jurisdiction:
- Civil actions over $50,
claims under $1,500.
- Felony, misdemeanors.
- Juvenile.
Jury trials.
probate.
Small
JUSTICE OF THE PEACE COURT (%90)
Z90 justices of the peace
Jurisdiction:
Contract and damage actions under
$1,500.
Small claims under $750.
- Assaults, thefts under $150.
Mis-
deeeanors with fin. less than 000
or imprisonment less than b months.
Preliminary hearings.
Six-man jury trials.
S.
MUNICIPAL OMIT (2) -
2 judges
ilFdiction.
tract and damage actions under
0.
Forcible entry and detainer.
Assaults, thefts under $150.
Mis-
demeanors with fine less than $500
or imprisonment less than 6 months.
Preliminary hearings.
Six-man jury trials.
fIndlcates route of appeal.
CITY COURT(G100)
Z100 judges (Many of-theme judges also
function as justices of the peace.)
Jurisdiction.
Tax, contract, and damage actions
under $300.
- Assaults, thefts under $150.
Mis-
demeanors with fine less than $500
or imprisonment less than 6'months.
P
City or town ordinance violations.
Preliminary hearings.
Six-man jury trials.
WATER COURT (A)
A District Coutt judges gory!
Jurisdiction:
- pisputes concerning water rights.
tfx-oan
jury trials.
4
'
330
312
II
Court of
last
resort
ONI=Ir
Court of
general
juriediction
Courts of
limited
jurisdiction
MONTANA
Court of Last Resort
1.1 SUPREME COURT.
The court meets at Helena, the
seat of state government, for four terms per year.
Special terms of court
be called as needed.
,
[Revised Code of Mon ana (hereinafter R.C.M.),
1947, Section 93-211
Replacement Volume 7]
1.2 Organization.
The S reme Court does not sit
in panels or divisitons.
1.3 Jurisdiction
a. The Supreme Court h s original jurisdiction
to issue, hear, and determ e writs of habeas cor-
pus and other writs as prov
d by law.
By stat-
ute, the Supreme Court is alit
rized to issue
extraordinary writs of mandamu
ertiorari, pro-
hibition, and all other necessa
ts.
b. The appellate jurisdictio
he Supreme
Court extends to all cases at law and
e uity.
[Constitution, Article VII, Section
SS93-214, 93-215]
1.4 Justices (7)
a. The Chief Justice is elected by the voters
in the general tate election and serves
8-year
bora.
b. Supreme Court justices mast have lken resi-
dents of the state for 2 years prior to
king of-
fice and must have been admitted to the practice
of law for at least 5 years prior to appointment
or eaection.
c. Supreme Court justices are elected by the
voters in the general state election.
If incumbent
justices are unopposed, they are subject to reten-
tion elections.
All Supreme Court justices serve
8-year terms after election.
When a Vacancy oc-
curs, nominees, selected by the Governor and con-
firmed by the Senate, serve until the next general
election.
[Const., Art. VII, SS6, 7, 8, 9; R.C.M.
S93-702, 93-714; State Court Systems Revised,
p. 32]
1.5 Administration
a. The Supreme Court has general supervisory
control over all other courts.
It exercises admin-
istration and supervision over, the entire court
system through the Chief Justice, the State Court
Administrator, and trial court judges and clerks.
.
Reference Section 5.1 (General administrative
authority).
The Chief Justice has responsibility
for temporary assignment of judges and control of
the calendar for the Supreme Court.
There are no
formal provisions for assigning any appointive
powers to the Chief Justice.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The clerk of the Supreme Court is elected
by the voters of the state and serves a 6-year
term.
There are no formal provisions for assigning
administrative duties to the clerk.
[Const., Art. VII, SS2, 6; R.C.M. SS82-501,
93-211]
313
1.6119,e-makinK.
The Supreme Court may make rules
governingeappellate procedure and practice, and
procedure for all courts, subject to disapproval
by the legislature.
The court may prescribe admin-
istrative procedure by either rule of order.
Each
court may promulgate rules for the administration
of the business of the court.
[Const., Art. VII, S2; R.C1M. S93-502]
Intermediate Appellate Court
0
2.0 There is no intermediate appellate court in
Montana.
Court of General Jurisdiction
3.1 DISTRICT COURT.
In districts that are made up
of only one county, the court sits in continuous
session.
In the districts that comprise more than
one county, terms must be held in each county at
least four times a year.
[R.C.M. S93-3151
3.2 Organization.
There are 19 judicial districts
in the state, each with a tatutorily-designated
number of judges (from 1 to 4).
Eleven districts
have only one judge presiding in the District
,Court.
A Small Claims Division may be created in
each court by a resolution of the Board of County
Commissioners (the county's governing board) after
consultation with the District Court judges.
[R.C.M. SS93-301, 93-302, 93-323]
3.3 Jurisdiction
a. Tgrbistrict Court has statewide jurisdic-
tion in all felony cases..
It has jurisdiction in
misdemeanors that have not been assigned to
court
of limited jurisdiction.
The District Court has
statewide jurisdiction in all civil cases.
The
Small Claims Division has civil jurisdiction in
matters where the amount in dispute is $1,500 or
less.
The District Court issues all necessary
writs, has the power of naturalization, and has
additional jurisdimtion as delegated by state law.
b. The District Court has appellate jurisdic-
tion over courts of limited jurisdiction in the
form of trials de novo unless otherwise provided
by law.
[Const., Art. VII S4; R.C.M. SS93-318, 93-323]
3.4 Judges (32).
The number of judges in each dis-
trict is specified by statute and ranges from one
to four.
a. The District Courts do not have a chief
judge over all the districts or presiding judges
for the individual districts.
b. District Court judges must have been resi-
dents of the ignite for at least 2 years immediately
prior to taking office, and must have been members
of the Montana Bar for at least 5 years.
After
taking office, a judge must reside within his judi-
cial district.
The judge of the Small Claims Di-
vision of the District Court must be admitted to
331
the state bar, but is not required to have a spe-
cific number of years of law experience.
c. District Court judges are elected to 6-year
terms by the voters of their respective
districte.
The judges may serve successive terms.
If incum-
bent judges are unopposed, they are subject to re-
tention.elections.
Judges of the Small Claims Di-.
vision are appointed by the judges of the judicial
district and serve at the pleasure of the appoint-
ing judges.
[Const., Art. VII, 17,
9; Montana Code
.
Annotated (hereinafter M. .A.) Section
3-5-201; R.C.M. 1493-302, 93-325, 93-702]
3.5 Administration
a. There are no provipøñs for a chief
judge
over all the districts 0 for presiding judges for
the individual distric s.
b. There are no provisions for an administrator
oVer all the districts or for administrators for
the individual districts.
Reference Section 5.2.b
(state-level administrator).
c. Clerks are elected in the districts by the
voters.
There are no formal provisions for assign-
ing administrative duties to the clerks.
'
[Const., Art. XI, 43]
3.6 Rule-making.
Reference Section 1.6.
Courts O'f Limited or Special Jurisdiction
4.1.1 JUSTICE OF-tHE PEACE COURT.
The Justice of
the Peace Court sits in continuous session.
[R.C.M. S93-402]
4.2.1 Organization.
Each county of the state must
have at least one Justice of the Peace Court, lo-
cated at the county seat.
The Board of County
Commissioners in each county has the authority to
constitute an additional court as deemed necessary.
Each Justice of the Peace Court has a Small Claims
Division.
.
[R.C.M. 1193-346, 93-347, 93-401]
4.3.1 Jurisdiction
a.
e Justice of the Peace Court has criminal
jurisdicti
in assaults, thefts of property not
exceeding $1
and misdemeanors that are punish-
able by fine no
exceeding $500, or imprisonment
not exceeding 6
onths, or both.
The Justice of
the Peace Court
as jurisdiction in civil cases
where the amo
in dispute.does not exceed $1,500.
The cour
s concurrent jurisdiction with the Dis-
trict
ourt in forcible entry and detainer actions.
.
Each
mall Claims Division has jurisdiction in
involving dollar amounts up to $750.
b. The Justice of the Peace Court has np
a
ells
jurisdiction.
[R.
.
1193-346, 93-347, 93-408, 93-410]
,
4.4.
dges oe90).
Each county has at least one
justice of the peace.
The county's governing board
can establish one additional
justice position.
The
state legislature can also provide
for additional
1
justices.
a. The Justice of the Peace Courts do not have
presiding judges.
b. Justices of the peace must reside in the
county in which his court is situated.
c. Justices of the peace are elected by the
county voters in the general state election to
4-year terms.
[Const., Art. VII, 15, 8; R.C.M. iS93-401,
93-704]
4.5.1 Administration
a. There are no provisions for presiding jAdges
for the Justice of the Peace Courts.
b. There are no provisions for administratorS
for the Justice of the Peace Courts.
Reference
Section 5.2.b (state-level administrator).
c. There are no provisions for clerks for the
Justice of the Peace Courts.
4.6.1 Rule-making.
Reference Section 1.6.
4.1.2 CITY COURT.
The City Court sits in continu-
ous session.
[M.C.A. 43-11-101]
4.2.2 Organization.
A City Court is established
in each city and town, except those having
popula-
tions of 10,000 or greater.
There are no special-
ized divisions of the court.
[R.C.M. 4411-1601, 11-1701]
4.3.2 Jurisdiction
a. The City Court has concurrent
jurisdiction
with the Justice of the Peace Court in filing of
compbaints in felonies, pre.liminary h4arings, mis-
demeanors, and applications for search warrants.
The City Court has exclusive juriSdiction in ordi-
nance violations, tax matters where the amount in
controversy does not exceed $300, municipal debts
not to exceed $300, and other civil matters not
exceeding $300.
b. The City Court has no appellate jurisdic-
tion.
.
[R.C.M. 411-1602, 11-1603]
4.4.2 Judges (Z100; many of these judges also
function as justices of the peace)
a. The City Courts do not have presiding
judges.
b. City Court judges must have been residents
of the city for 2 years and must be qualified
voters.
c. City Court judges are elected
by the voters
of the city_ at general city elections.
They serve
indefinReNrms.
.
[Const, Art. IV, 42, R.C.M. SS11-701, 11-702,
11-709, 11-713, 11-7161
4.5.2 Administration
.
a. There are no provisions for presiding judges
fior the City Courts.
b. There are no provisions.for administrators
for the City Courts.
Reference Section 5.2.b
(state-level administrator).
c. There are no provisions for clerks for the
City Courts.
4.6.2 Rule-making.
Reference Section 1.6.
4.1.3 MUNICIPAL COURT.
The Municipal Court sits
in continuous session
[R.C.M. 411-1708]
4.2.3 Organization.
All cities with a population
of 10,000 o
great
ay establish a Municipal
Court.
The c
overnment must approve the estab-
lishment of th
court by a two-thirds majority of
the governing b dy, and the court must assume con-
tinuing jurisdiction over all pending City Court
cases.
There are no specialized divisions of the
court.
[R.C.M. ill-1701]
4.3.3 Jurisdiction
a. The Municipal Court has concurrent
jurisdic-
tion with the District Court in forcible entry and
detainer actions.
The Municipal Court also has
concurrent jurisdiction with the Justice of the
Peace Court.of the county in which the city is lo-
cated.,
The Municipal Court has the same kind of
jurisdiction as the City Court in ordinance viola-
tions and civil actions involving not more than
$300.
314 32
b. The Municipal Court has no appellate juris-
(2) There are no formal qualifications for
diction.
the State Court Administrator, but it is specified
[R.C.H. 1111-1601, 11-17021
that he may not practice law while holding office.
4.4.3 Judos (2)
He is appointed by the Supreme Court and serves at
a. The Municipal Courts do not have presiding
its pleasure.
judges.
(3) Under the direction of the Supreme
b. Municipal Court judges must have resided in
Court, the State Court Administrator prepares and
Montana for at least 2 years prior to taking office
presents the judicial budget, collects and reports
and must have been members of the state bar for 2
court statistics, makes recommendations regarding
years.
Judges must also be residents and voters
administrative improvements, and performs tasks as
of the citiea in which the courts aye established,
required by the court.
c. Municipal Court judges are elected on a non-
c. Office organization.
The office of the
partisan ballot It the general city election to
State Court Administrator consists of four profes-
4-year terms.
sional and two clerical staff members.
[Const., Art. VII, 19; R.C.M. 1111-1703,
[R.C.M. 182-510 to 182-513; Office of the Court
11-17041
a.
Administrator]
4.5.3 Administration
a. There are no provisions for presiding judges
Quasi-Judicial Officers
for the Municipal Courts.
b. There are no provisions for administrators
6.1.1 DISTRICT COURT
for the Municipal Courts.
Reference Section 5.2.b
6.2.1 Judge pro tempore
(state-level administrator).
a. Judges pro tempore are appointed on a case-
c% There are no provisions for clerks for the
by-case basis.
They must be members of the bar,
Municipal Courts.
must be agreed upon in writing by parties, and must
4.6.3 Rule-making..
Reference Section 1.6.
be approved by the court.
b. Judges pro tempore have full powers of Die-
4.1.4 WATER COURT.
This court is administered and
trict Court judges in the cases they hear.
funded by the Executive branch.
It is anticipated
[M.C.A. 13-5-113]
that the Judicial branch will assume control of
this court in July 1, 1981, pending the passage of
6.1.2 DISTRICT COURT
the implementing legislation:
6.2.2 Master
4.2.4 Organization.
The state is divided into four
a. A majority of the judges of a District Court
Water Divisions with a Water Court in each divi-
may approve the appointment of masters.
No formal
sion.
There are no specialized divisions of the
qualifications are specified.
Masters serve at the
Court.
pleasure of the court.
[M.C.A. )3-7-102]
b. Subject to any limitations specified in the
4.3.4 Jurisdiction
court order referring a case to a master, masters
a. The Water Court has jurisdiction over all
may require the presentation of evidence, rule on
disputes concerning water rights within the Water
the admissability of evidence, hear witnesses, and
Divisions,
report their findings to the judges referring the
b. The Water Court has no appellate jurisdic-
matters to them.
tion.
[Montana Rules of Civil Procedure (hereinafter
[M.C.A. 13-7-501]
M.eC.P.), Rule 53(a), 53(c), 53(e)]
4
4.4.4 Judges (4 District Court judges serve)
a. The Water Courts do not have presiding7
6.1.3 WATER COURT
judges.
6.2.3 Water master
40116Water Court judges are District Court
a. The water masters are appointed by the Water
judges.
Reference Section 3.4.b.
Court judges and serve at their pleasure.
No for-
c. The District Court judges of the judicial
mal requirements are specified, but the statute
districts within each Water Division select one of
requires the appointing judge to consider a water
their number to be the Water Court judge for their
master's experience with water law, water use, and
division for a term of 4 years.
water rights.
[M.C.A. 113-7-201, 3-7-202]
b. Water masters can conduct hearings into mat-
4.5.4 Administration
ters referred by the Water Court judges.
They are
a. There are no provisiOns for presiding judges
empowered to hear testimony, rule on the admissi-
for the Water Courts.
bility of evidence, compel the presentation of
b. (Information not available)
//evidence, and question witnesses.
Th
c.
ere are no provisions. for
clerL for the
[M.C.A. 113-7-301, 3-7-311; M.R.C.P., Rules
Water Courts.
53(c), 53(e)]
4.6.4 Rule-making.
(Information not available)
State-Level Administration
5.1 General administrative authority.
General ad-
ministrative control is vested in the Supreme Court
by the state constitution.
The Supreme Court has
general supervisory control over all other courts.
Reference Section 1.5.a.
[Const., Art. VII, 52]
5.2 Office of the Court Administrator
Judicial Discipline
7.1 Judicial Standards Commission.
The commission
consists of two District Court judges representing
different Histricts, elected by peer vote, one at-
torney who has practiced law for at least 10 years,
appointed by the Supreme Court; and two lay citi-
zens from different congressional districts, ap-
pointed by the Governor.
[M.C.A. 3-1-1101 to 3-1-1111]
a. (Information not available)
7.2 Authority and procedure for sanction.
The
b. State Court Administrator
commission or any citizen of the state may initiate
(1) The position of State Court AdminiAtra-
.an investigation of any judicial officer by filing
tor is prdvided for by statute.
a complaint with the Judicial Standards Commission.
315
11?
Figure 2: Montana state-level administrative office of the courts, 1980
Court
'
Adsdnistrator
Training and
Fiscal
Activities
Fiscal Manager
I
Management
Trainee
Planning
and
Administration
1
Clerical
316
Dat Fmtry
Clerk
334
..-1-V.
2 Clerical
The commission conducts an' investigation and hear-
ings as necessary.
If, after the investigation,
the commission deems it necessary, it may recommend
retirement, removal, censure, or suspension of a
/
,
317
judicial officer to the Supreme Court.
All pro.,
ceedings before the cemmission are confidential.
(R.C.M. 693-422 to 693-728)
335
/
Figure 1:
Nebraska court system, 1980
SUPREME COURT
7 Justices
Jurisdiction:
- Original jurisdiction in cases relating to
revenue and in civil cases in which the
state is a party.
- Determination of all case. involving the
constitutionality of
statute, and may
review any decision reordered by
division
of the court.
- Appeal. from a conviction of
homicide.
DISTRICT COURT (21)
45 judges
Jurisdiction:
- General Jurisdiction in civil actions ex-
cluding mmall claims And probate.
Domestic
relations matters.
- General jurisdiction in criminal matters.
- Juvenile felony matters (under age 18).
Appeals on the record in criminal.
Appeal. de novo on the record in civil.t
Jury trials.
a
SEPARATE JUVENILE COURT (J)
4 Judges
Jurisdiction:
- All juvenile matters in Douglas,
Lancaster, and Sarpy Counties.
r All divorce and alimony action,
transferred from District Court,
where care, support, custody, or
control or a minor child is involved.
WoREMEN'S COMPENSATION COURT
5 Judge.
Jurisdiction
- Original hiriediction in claims for
workmen's :ompensation benefits.
a.
COUNTY COURT (2))
43 Judges
COUNTY COURT
SMALL CLAIMS
Jurisdiction
COURT
- Civil actions under
Jurisdiction.
$5,000, probate, guard-
- Small claims
ianship, adoptions, en-
inent domain, decedent's
estates .
under $1,000.
- Misdemeanors, municipal
ordinance violations
(penalty not exceeding 1
year's imprieonmant or
fine over $1,000), and
preliminary hearings.
- Traffic case,.
- Juvenile except in
Douglas, Lancaster, and
Serpy counties.
Jury trials.
ItIndicates rout, of appeal.
KINICIPAL enuRT (2)
13 Judges
(Omaha end Lincoln Counties)
MUNICIPAL COURT
SMALI CLAIMS COURT
Jurisdiction:
Jurisdiction'
- Civil action. under
- Small claims
$5,000.
under $1,000.
- Municipal ordinance
violations, minde-
meanors, and prelim-
inary hearings.
- Juvenile matters
(juvenile miademeAnnr
and traffic comes).
Jury trials in civil and iece law cases.
t
In Nebraska, "cle novo on the record- means that the court may make an independent determination of the facts.
336
318
".
w
Court of
last
resort
Court of
general
Jurisdiction
Courts of
limited
jurisdiction
NEBRASKA
Court of Last Resort
1.1 SUPREMECOURT.
The court meets for two terms
each year in Lincoln.
The terms begin on the first
Monday in January and the third Monday in Septem-
ber.
Special terms may be designated by the court.
(Constitution, Article V, Section 3; Reissue
Revised Statutes (hereinafter R.R.S.) Sections
24-205, 24-2061
1.2 Organization.
The court may sit en banc or in
two divisions of five justices each.
Cases involv-
ing the constitutionality of
statute or homicide
convictions must be heard by the court sitting en
banc.
The entire court may review any decision
rendered by
division of the court.
Whenever
necessary for the prompt submission and determina-
tion of causes, the Supreme Court is authorized to
form two divisions of the court, with five judges
in each division.
This is accomplished by appoint-
ment of District Court judges to act ea associate
judges, sufficient in number with the Supreme Court
justices to make up the two divisions of five
judges each.
Four judges are needed in each
,
division to form
quorum.
(Const., Art. V, S21
1.3 Jurisdiction
a. The Supreme Court has original jurisdiction
in cases relating to revenue, civil cases in which
the state is
party, mandamus, quo warranto,
habeas corpus, and election contests involving
state officers other than legislators.
The court
also regulates admission to the bar and the prac-
tice of attorneys.
b. The court hears en banc all appeals from
conviction of homicide, determines all cases in-
volving the constitutionality of
statute, and
may review any decision rendered by
division of
the court.
All District Court decisions can be ap-
pealed as
matter of right to the court or
di-
vision thereof.
Matter of right appeals to the Su-
preme Court are also permitted from the Workmen's
Compensation Court and the three Separate Juvenile
Courts.
Certain administrative agency appeals,
such as those from the Commission of Industrial
Relations and the Public Service Commission, are
to the Supreme Court.
(Const., Art. V, S2; R.R.S. SS24-204, 43-238,
48-152, 48-153, 84-918; Revised Statutes of
Nebraska 1979 Supplement (hereinafter 1979 R.S.
Supp.) Section 48-812; Revised Rules of the
Supreme Court of the state of Nebraska 1977
(hereinafter Revised Supreme Court Rule) Rules
I.l.c., II, III1
1.4 Justices (7)
'a. The Chief Justice is appointed by the Gover-
nor.
He continues in t6is role for as long as he
serves on the court.
b. Supreme Court justices 'oust be at least 30
319
years of age, must be citizens of the United
States, and must be residents and voters of the
Supreme Court districts from which selected.
They
must'be members of the state bar, and must have had
5 years of law,practice experience in the state.
c. Supreme Court justices are selected through
merit plan by which they ere nominated by a
Judicial Nominating Commission (reference Table 12:
Characteristics of judicial nominating commissions)
and appointed by the Governor.
If the Governor
fails to make an appointment within 60 days, the
Chief Justice makes the appointment.
Justices must
run for
retention election at the first general
election following 3 years in office.
They serve
6-year terms.
(Const., Art. V, SS7, 21; 1979 R.S. Supp.
S24-202; State Court Administrator]
1.5 Administration
a. The Supreme Court has administrative author-
ity over all courts, which is exercised by the
Chief Justice.
He exercises administration nd
supervision over the entire court system through
the State Court Administrator; District and County
Court presiding judges; Municipal Court presiding
judges and the court administrator of the Municipal
Court of Omaha; presiding judges of the Separate
Juvenile Court and the court administrator of the
Separate Juvenile Court of Omaha; and the presiding
judge and the court administrator of the Workmen's
Compensation Court.
Reference Section 5.1 (General
administrative authority).
He has no specific
duties with regard to the administration of the Su-
preme Court other than the appointive power noted
in Section 1.4.c.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The clerk is appointed by the court.
The
clerk's duties are primarily clerical.
He is the
custodian of the seal of the court and is respon-
sible for performing those duties prescribed by law
and orders of the court.
The clerk is also respon-
sible for keeping the fee book of the court nd
submitting
quarterly report to the Governor.
(Const., Art. V, SS1, 8; R.R.S. SS24-214,
24-215, 24-2211
1.6 Rule-making.
The Supreme Court promulgates
rules of practice and procedure for all courts.
In January of odd-numbered years the justices of
the Supreme Court revise the general rules of court
and adopt any additional rules necessary.
The
Supreme Court is authorized to make some adminis-
trative rules for other courts.
(Const., Art. V, S25; R.R.S. S24-210; State
Court Administrator]
Intermediate Appellate Court
2.0 There is no intermediate appellate court in
Nebraska.
317
Court of General Jurisdiction
3.1 DISTRICT COURT.
The judges set the terms of
court in the counties of their respective dis-
tricts.
A special term may be held when necessary.
(R.R.S. 1124-303, 24-3041
3.2 Organitation.
There are 21 judicial districts
with 1 to 9 counties in each district.
All terms
are held at the county seat or place otherwise pro-
vided by the Board of County Commissioners.
The
District Court is referred to as Conciliation Court
when it is hearing domestic relations cases.
(R.R.S. 115-105, 24-303, 42-801 to 42-8231
3.3 Jurisdiction
a. The District Court has both chancery and
common law jurisdiction in all criminal and civil
matters unless otherwise provided, i.e., unless
vested in other courts.
Those exceptions are in
the following areas:
probate, guardianship or con-
servatorship of any person, most juvenile matters,
and city or village ordinance violations.
b. The District Court has appellate jurisdic-
tion over appeals from the County and Municipal
Courts and most administrative agencies.
[(I.R.S. 1124-302, 25-1901, 84-917; 1979 R.S.
Supp. 124-5171
3.4 Judges (45)
a. There is no provision for a chief judge over
all the districts of the District Court.
The judi-
cial districts are not required to establish pre-
siding judge positions.
In three large
ilt i-jud e
districts, however, such positions have
created.
Presiding judges in these cou
elected annually by their peers.
b. District Court judges must meet the same
requirements as Supreme Court justices.
Reference
Section 1.4.b.
c. District Court judges are selected in the
same manner and for the same term as Supreme Court
justices.
Reference Section 1.4.c.
(1979 R.S. Supp. 124-301; James E. Dunlevey,
"Comparison of the Nebraska Court System with
the ABA Standards on Court Organization--A
Report," April 1977 (hereinafter Dunlevey
Report); State Court Administrator]
3.5 Administration
a. Whereas there is no provision for a chief
judge over all the districts of 9e District Court,
three large multi-judge districts have established
the position of presiding judge.
Presiding judges
may designate a judge of the District Court to
serve during the absence or disqualification of
judges of the Separate Juvenile Court.
b. There are no provisions for an administrator
over all the districts of the District Court or for
administrators for the individual districts.
Ref-
erence Section 5.2.b (state-level administrator).
c. District Court clerks are elected in any
county with a population greater than 7,000.
In
counties of less than 7,000, the county clerk
serves as clerk of the court.
The clerk is respon-
sible for submitting annual judicial statistics to
the Supreme Court.
The clerk is also responsible
for keeping a record of the proceedings of the
court, under the direction of the judge, and is
authorized to microfilm records.
(R.R.S. 1124-337, 24-337.01, 24-337.02, 32-307,
43-237]
3.6 Rule-making.
Reference Section 1.6.
Courts of Limited or Special Jurisdiction
320
4.1.1 COUNTY COURT.
The County Court sits in con-
tinuous session.
(State Court Administrator]
4.2.1 Organize
on.
There is a Count
Court in
each of the stat
s 93 counties.
The County Court
sits at the coun y seat.
The state is divided into
21 county ju
districts, similar to District
Court boundaries.
Each County Court has a Small
Claims Department, which is designated the Small
Claims Court.
Other specialized divisions may be
established at the discretion of the county judges.
(R.R.S. 1124-502, 24-503, 24-512; 1979 R.S.
Supp. 124-5221
4.3.1 Jurisdiction
a. The County Court has concurrent jurisdiction
with the District Court in criminal actions where
the penalty does not exceed 1 year of imprisonment
or
fine over $1,000 or both; in civil actions
where the amount in controversy is less than
$5,000; and in the involuntary partition of a
ward's interest in real estate owned in common with
others.
The County Court has exclusive original
jurisdiction in all matters relating to decedents'
estates; matters of guardianship or conservator-
ship; and adoptions.
The court also has exclusive
jurisdiction over city or village ordinance viola-
tions, except those in cities havift a Municipal
Court.
Where a Separate Juvenile Court has not
¢een established, the County Court has exclusive
original jurisdiction in juvenile cases, except
that the Iprisdiction is concurrent with the Dis-
trict CouTt in Cases where a child under age 18 is
charged with a felony.
The cOurt's jurisdiction
is concurrent with the District and Municipal
Courts if a child of 16 or 17 years of age is
charged with a misdemeanor or a child under the age
of 16 has been charged with a traffic offense.
The Small Claims Division has jurisdiction
in civil claims less than $1,000.
Preliminary ex-
aminations are conducted in the County Court.
b. The County Court has no appellate jurisdic-
tion.
[(I.R.S. 143-202; 1979 R.S. Supp. 124-522; 1978
R.S. Supp. 124-5191
4.4.1 Judges (43)
a. In multi-judge County Court districts, the
judges select a presiding judge annually.
b. County Court judges must be at least 30
years of age, must be citizens of the United
States, must be residents of and legal voters in
the districts from which selected, and must have
been residents of Nebraska for at least 3 years.
c. County Court judges are selected in the same
manner and for the same term as Supreme Court jus-
tices.
Reference Section 1.4.c.
(Const., Art. V, 17; R.R.S. 1124-202, 24-5061
4.5.1 Administration
a. Where the position has been established, the
presiding judge of a County Court assigns cases to
the associate judges (reference Section 6.2.3).
b. There are no provisions for administrators
for the County Court.
Referene Section 5.2.b
(state-level administrator).
c. In counties with a population of 3,000 or
less, the county clerk serves ex officio as clerk
of the County Court.
In counties with a population
greater than 3,000, the associate county judge is
the ex officio clerk of the County Court.
The
clerk has the same power in the County Court as the
clerk of the District Court.
Reference Section
3.5.c.
The clerk signs and issues marriage
338
licenses, and is responsible for keeping the rec-
ords of the court.
H. also receives and accounts
for money received by the court.
[R.R.S SS24-510, 24-511, 24-518, 24-5191
4.6.1 Rule-making.
The statutory codes of criminal
and civil procedure and Supreme Court rules govern
practice and procedure in the County Courts.
Ref-
erence Section 1.6.
[R.R.S. S24-5281
4.1.2 SEPAAATE JUVENILE COURT.
The Separate Juve-
nile Court sits in continuous session.
[State Court Administrator]
4.2.2 Organization.
Separate Juvenile Court dis-
tricts are authorized in any county with a popula-
tion greater than 30,000 where authorized by the
electorate.
A Separate Juvenile Court has been
.
stablished in Douglas County (Omaha), Lancaster
County (Lincoln), and Sarpy County (Papillion).
The presiding judge may establish specialized divi-
sions of the court.
[R.R.S. SS43-228, 43-236.01; Dunlevey Report]
4.3.2 Jurisdiction
a. Where established, the Separate Juvenile
Court assumes the exclusive original jurisdiction
of the County Court and maintains concurrent juris-
,
diction with the District Court if an individual
under 18 years of age is accused of a felony. The
court also has concurrent jurisdiction with the
District and Municipal Courts in misdemeanor cases
involving juveniles 16 or 17 years of age, and in
traffic violations involving juveniles under 16.
The Separate Juvenile Court has exclusive original
jurisdiction over a juvenile's parents, guardian,
or custodian and over proceedings for the termina-
tion of parental rights.
The court has concurrent
jurisdiction with the District Court over all mat-
ters arising under the provisions of Chapter 42,
Article 3 (Divorce and Alimony) of the Nebraska
Statutes, where the care, support, custody, or con-
trol of minor children is involved.
Such matter.
are filed in the District Court and may with the
consent of the juvenile judge be transferred to the
Separate Juvenile Court.
b. The Separate Juvenile Court has no appellate
jurisdiction.
[R.R.S. SS43-202, 43-230]
4.4.2 Judges (4)
a. In counties with two judges, the senior
judge in service becomes the presiding judge.
The
position of presiding judge is rotated annually,
unless another system is agreed upon by the judges.
At the present time, there are no presiding judges.
b. Separate Juvenile Court judges must meet the
same qualifications as Supreme Court justices.
Reference Section 1.4.b.
c. Separate kvenile Court judges are elected
in the same manner and for the same term a Supreme
Court justices.
Reference Section 1.4.c.
[R.R.S. SS43-230.01, 43-233.01, 1979 R.S.
Supp. S43-233; State Court Administrator]
4.5.2 Administration
a. Presiding judges appoint chief probation
officers and other officers and employees as need-
ed.
Presiding judges set the salaries of the pro-
bation officers and other employees of the Separate
Juvenile Court, subject to the approval of the
Board of County Commissioners or Supervisors.
A
presiding judge of the Separate Juvenile Court may
appoint associate judges (reference Section 6.2.4).
b. There are no formal provisions for adminis-
trators for the Separate Juvenile Courts.
The
321
Separate Juvenile Court at Omaha, however, has
created and filled the position..
c. Clerks of the District Courts also serve as
clerks of the Separate Juvenile Courts.
Reference
Section 3.5.c.
[R.R.S. SS43-235, 43-236, 43-236.01; Dunlevey
Report]
4.6.2 Rule-making.
The presiding judges have cer-
tain administrative rule-making powers.
Reference
Section 1.6.
[R.R.S. S43-228 to S43-243.011
4.1.3 MUNICIPAL COURT.
The Municipal Court sits
in continuous session.
[R.R.S. S26-1011
4.2.3 Organization.
A Municipal Court may be
established in metropolitan (over 300,000 popula-
tion) and primary class (100,000 to 300,000) cities
only.
A Municipal Court has been established in
Omaha (Douglas County) and Lincoln (Lancaster
County).
Geographical jurisdiction of each Munici-
pal Court is coextensive with the boundaries of the
counties.
Each Municipal Court has a Small Claims
Department,.which is designated the Small Claims
Court.
[R.R.S. SS24-521, 26-101, 16-116; Dunlevey Re-
port]
4.3.3 Jurisdiction
a. The Municipal Court has exclusive original
jurisdiction over municipal ordinance violations
and concurrent jurisdiction with the County Court
in criminal cases and in civil cases not exceeding
$5,000.
Municipal judges have the jurisdiction
and authority to try fortible entry and detention
cases; to proceed against security for costs and
surety for the tay of execution on their dockets;
to issue attachments and proceed against goods and
effects of debtors in certain cases; to issue exe-
cution on judgments; to try actions for the recov-
ery of damages for an assault or assault and bat-
tery; and to try actions for the recovery of money
due on contracts for the sale of real estate.
The Small Claims Division has jurisdiction
over civil claims of less than $1,000.
b. The Municipal Court has no appellate juris-
diction.
[R.R.S. SS24-517, 26-117, 26-118, 26-119; 1979
R.S. Supp. S24-5221
4.4.3 Judges (13)
a. Presiding judges are elected by the courts
annually.
b. Municipal Court judges must meet the same
requirements as Supreme Court justices.
Reference
Section 1.4.b.
c. Municipal Court judges are selected in the
same manner and for the same term as Supreme Court
justices.
Reference Section 1.4.c.
[R.R.S. SS26-102, 26-107; 1979 R.S. Supp.
S26-103]
4.5.3 Administration
a. Presiding judges of the Municipal Court are
responsible for the general supervision of the
courts.
They assign Municipal Court judges to
their courts and may designate another judge to act
as presiding judge in their stead when necessary.
b. There are no forsal provisions for adminis-
trators for the Municipal Court.
The Municipal
Court of Omaha, however, has created and filled the
position.
The administrator performs duties in the
areas of planning, organization, and internal con-
trol.
339
c. Clerks of the MUnicipal Court art appointed
by the judos.
Th at/1'k must be a rtaident of tht
city where the court is hold and must execute a
bond before assuming the clerk's duties.
The clerk
has the same powers in the MUnicipal Court, unless
otherwise provided, as the clerk of the District
Court of the district in which the MUnicipal Court
is situtated.
Reference Section 3.5.c.
[R.R.S. 1126-106, 26-107, 26-108; Dunlevey
Report; State Court Administrator]
4.6.3 Rule-making..
Judges of the MUnicipal Court
may promulgate rules of practice in their courts
so long as such rules do not conflict with state
law.
Reference Section 1.6.
1126-1, 26-202]
4.1.4 WORKMEN'S COMPENSATION COURT.
The Workmen's
Compensation Court sits in continuous session.
[State Court Administrator]
4.2.4 Organization.
The Workmen's Compensation
Court, an administrative agency, is a statewide
court.
Initial hearings are held before a single
judge in the county in which the accident occurred.
Either party who refuses to accept the findings may
file within 14 days an application for a rehearing
before the court sitting en banc.
Rehearings are
normally heard in Lincoln.
The court is organized
into three branches:
the Adjudication Branch,
which consists of judges, clerks, and secretaries;
the Rehabilitation Branch, which supervises pro-
grams for individuals who have or who have had
claims; and the lagal Counsel (investigative)
Branch, which performs investigatory work regarding
employers' Insurance coverage.
[R.R.S. 1148-177, 48-152, 48-179; Workmen's
Compensation Court Administrator]
4.3.4 Jurisdiction
a. The Workmen's Compensation Court enforces
the provisions of the Workmen's Compensation Act.
b. The Workmen's Compensation Court has no ap-
pellate jurisdiction.
(R.R.S. 148-152]
4.4.4 Judges (5)
a. On July
1 of every odd-numbered year, the
judges of the Workmen's Compensation Court select
a presiding judge.
b. Workmen's Compensation Court judges must
meet the same qualifications as Supreme Court jus-
tices.
Reference Section 1.4.b.
c. Workmen's Compensation Court judges are se-'
lected in the same manner and for the same term as
Supreme Court justices.
Reference Section 1.4.c.
[R.R.S. 148-155; 1979 R.S. Supp. 1148-153,
48-153.011
4.5.4 Administration
a. The presiding judge may
designate another
judge to serve in his absence.
The presiding judge
presides at all rehearings of the court and makes
all rulings, except those that arise during an
original heAring before another judge, assigns the
work of the clzurt, presides at meetings of the
judges, and performs supervisory duties as needed.
The presiding judge appoints a clerk of the court
and other assistants and employees as necessary,
including rehabilitation specialists.
b. The court employs a court administrator, al-
though this is not a statutory position.
The ad-
ministrator performs duties in the areas of plan-
ning, organization, and internal control.
c. The presiding judge of the Workmen's Compen-
sation Court appoints the clerk who serves at the
pleasure of the court.
The clerk is responsible
for keeping the records of the court's proceedings
and issuing all notices and ler ts.
He superintends
the clerical business of the c urt, and performs
other duties as direeted by th4 presiding judge.
The clerk is Authorized to micr film records.
(R.R.S. 148-155; 1976 R.S. S
.
148-157; State
Court Administrator]
4.6.4 Rule-making.
The judges of the
orkmen's
Compensation Court are empowered to
omulgate
rules of practice in their cour
long as such
rules do not conflict with state law.
Subject to
the general administrative authority of the Supreme
Court, the court is authorized to issue
administra-
tive rules nec
y for the operation of the
court.
[R.R.S. 148-152 to 148-191]
State-Level Administration
5.1 General administrative authority.
The Supreme
Court has administrative authority over all the
courts of the state, which is exercised by the
Chief Justice.
Reference Section 1.5.a.
[Const., Art. V, 11]
5.2 Office of the State Court Administrator
a. The Office of the State Court Administrator
is constitutionally authorized.
b. State Court Administrator
(1) The position of State Court Administra-
tor is constitutionally authorized.
(2) The State Court Administrator is
appointed by the Chief Justice.
There are no stat-
utory or constitutional qualifications for this
position.
.In practice, he is required to have
administrative experience.
(3) The State Court Administrator has the
following responsibilities:
developing and admin-
istering the personnel system for nonjudicial
employees (including associate judges) of the
County Court, developing and administering the
rules governing court reporters for the District
Court and Separate Juvenile Court; preparing and
dministering the budget for the Supreme Court,
County Court, and court reporters; managing orien-
tation and continuing education programs for the
County Court and court reporters; developing
records management, accounting, and case processing
systems and methods for the County Court;
acting
as liaison for the court system with the
legisla-
ture, the bar, the news media, and others; advisipg
Judges and local officials, upon request, on
standards for construction of court facilities;
establishing standards for tape recording equipment
used by courts; and conducting research and plan-
ning for future needs.
c. Office organization.
The office has a total
staff of seven people:
four professionals (includ-
ing the State Court Administrator) and three cleri-
cal personnel.
[Const., Art. V, 11; R.R.S. 1124-514, 24-515;
Dunlevey Report; State Court Administrator]
Quasi-Judicial Officers
6.1.1 DISTRICT COURT AND COUNTY COURT
6.2.1 Referee
a. Referees may be agreed on by the parties in-
volved or appointed by the court.
In practice,
they are required to be attorneys.
b. Referees decide disputes and their decisions
are entered as if tried by the court.
In the
County Court both parties must consent to the use
of a referee.
[R.R.S. 1125-1131, 25-1132, 25-1133; State
Court Administrator]
322
34 0
Figure 2:
Nebraska state-level administrative office of the courts, 1980
Stte
Court
Administrtor
Associat
Administrator
Secratry
"Quo,
Cl
AdministrtIve
Assistant
Accounting
Clerk
Assistnt
Administrator
323
311
6.1.2 DISTRICT COURT AND COUNTY COURT
64.2 Master
a. Masters are appointedlOy the court.
In
practice, they are requirerta be attorneys.
b. Masters are authorized in civil suits
involving a receiverstap where the rights of the
parties have not been firlly,determined.
Masters
may also sell and siege property pureuant to a
court order or judgment.
They assess accounts or'
make findings,as to appropriate damages in the case
of a default judgment.
-
1125-1081, 25-1090, 25-1308, 25-1326;
State Court Administrator]
6.1.3 COUNTY COURT
6.2.3 Associate judge
a. Associate judgee are appointed by the
judge
of the court they serve.
Associate judges must be
legal voters and residents of the counties in which
they serve, must be high school graduates, and must
attend training institutes provided by the Supreme
Court.
b. If the associate judge,ilLim attorney, he
has the same jurisdiction as a judge of the County
Cquzt.
The jurisdiction of an associate judge not
trained in the law is limited to the following
matters:
civil actions not exceeding $1,000; ordi-
nance violations; misdemeanors; proceedings for
the issuance of wa,rrants for arrest or for searches
and.seizures; pr
iminary examination; juvenile,
proceedings, exce t the commitment to
state in-
stitution or the ter.zination of parental rights;
any proceeding to prevent the commission of
crimes;
and any proceeding
relating to decedents' estates,
noncontested inher tance tax matters, guardianship
or conservatorship (except the construction of
wills and cruets), the determination of title to
real estate, and fhe authorization of the sale or
mortgaging of real estate.
The Chief Justice has
established a policy that, to the greatest extent
possible, all contested matters should be tried by
law-trained judges.
Nonlawyer associate judges may
be delegated some contested matters in emergency
situations and where it will expedite the resolu-
tion of cases.
IR.R.S. 1124-507, 24-508, 24-518; 1978 R.S.
Supp.124-519; State Court Administrator]
6.1.4 'SEPARATE JUVENILE COURT
6.2.4 Associate ludge
a. Juvenile Court associate judges are appoint=
ed by presiding judges.
They must be members of
the state bar.
4
324
b. Presiding judges may assign any matter to
associate judges for determination, except those
relating to divorce and alimony.
IR.R.S. 143-236.01]
6.1.5 MUNICIPAL COURT
6.2.5 Acting judge
a. Acting judges are appointed by and serve at
the pleasure of the Governor.
The only qualifica-
tions are'that they be "competent and disinterest-
ed."
b. Acting judges serve in the capacity of Muni-
cipal Court judges.
IR.R.S. 1126-1, 26-2031
6.1.6 WORK11N'S COMPENSATION COURT
6.2.6 Acting judge
a. The Governor may appoint "qualified and dis-
interested" persons to act in place of judges of
the court.
b. Acting judges are subject to the same duties
as regular judges and are subject to the call of
the presiding judge.
IR.R.S. 148-155.01]
Judicial Discipline
7.1 Commission on Judicial Qualifications.
The
commission is constitutionally mandated.
Member-
ship consists of two justices of the Supreme Court,
two judges of the District Court, one
judge of a
Municipal Court, one judge of the Workmen's Compen-
sation Court, and one judge of the County Court,
all appointed by the Chief Justice; two members of_
the Nebraska State Bar Association who have prac-
ticed law in the state for 10 years, appointed by
the Executive COuncil of the Bar Association;
and
two nonlawyer citizens, appointed by the
Governor.
1Const., Art. V, 128]
7.2 Authority and procedure,for sanction.
The com-
mission investigate& both complaints against judges
and requests for retirement (by the justices and
judges).
The commission has such powers as are
necessary to conduct an investigation into the
allegations.
If there is sufficient cause, the
commission,may conduct a formal hearing.
The judge
has specific rights in this hearing, including
cross-examination of witnesses.
The commission may
ask the Supreme Court to appoint a special master
to hear evidence.
If after the hearing, arid after
the report of the master, the commission determines
there is good cause for removal, it makes such
recommendation to the Supreme Court.
[R.R.S. 124-721]
3 42
NEVADA
Court of Last Resort
1.1 SUPREME COURT.
The Supreme Court meets two full
weeks out of each month, except in July and August.
It meets two full weeks out of the month for 8
months in Carson City and two full weeks out of the
month for two months in Las Vegas.
Terms are held
st the seat of state government unless the legisla-
ture provides otherwise by law.
(Constitution, Article VI, Sections 1, 7;
Administrative Office of the Courts]
1.2 Organization.
The Supreme Court does nottsit
in panels or divisions.
Decisions of the court are
by majority vote.
[Const., Art. VI, S2; Nevada Revised Statutes
(hereinafter N.R.S.) Section 2.010]
1.3 Jurisdiction
a. The Supreme Court may issue writs of manda-
mus, certiorari, prohibition, habeas corpb1, and all
writs necessary to the complete exercise of its
appellate jurisdiction.
b. The Supreme Court has appellate jurisdiction
on questions of 'Thy alone in all criminal cases in
which the offense charged is within, the original
jurisdiction of the District Court; in all cases in
quity; in all eases at law involving real estate,
ining claims, or the legality of property taxes;
and in all civil cases not included in the general
subdivisions of law and'equity.
[Const., Art. VI, S4; N.R.S. SS2.080, 2.100]
1.4 Justices (5)
s. The Chief Justice is selected on the basis
of seniority, or by lot if there is more than one
justice with the same seniority, and serves a 2-year
term.
b. Supreme Court justices must be members of the
Nevada Bar, must have been residents of the state
for st least 2 years, and must be st least 25 years
old.
"c. Supreme Court justices are elected to 6-year
terms in nonpartisan elections.
Vacancies orb
filled by the Governor from among three nominees
selected by the Commission on Judicial Selection
(reference Table 12:
Characteristics of judicial
nominating commissions).
Appointees serve until the
next general election.
[Const., Art. VI, SS3, 20; N.R.S. SS2.020,
2.030; State Court Administrator]
1.5 Administration
s. The Chief Justice is the administrative head
of the court system,
He exercises administration
and supervision over the entire court system through
the State Court Administrator and two District Court
chif judges.
Reference Section 5.1 (General admin-
istrative authority).
The Chief Justic has the
power to apportion cass among Supreme Court judges.
b. Reference Section 5.2.b (state-level edulnis-
trator).
325
c. The Supreme Court appoints a clerk.
He has
responsibilities as determined by the court.
[Const., Art. VI, S19; N.R.S. SS2.200 to 2.2301
1.6 Rule-making.
The fupreme Court has the author-
ity to promulgate rules that regulate original and
appellate civil practice and procedure in all courts
of the state.
Criminal procedure is governed by the
Nevada Criminal Procedures Law.
The Supreme Court
may make rules, not inconsistent with the constitu-
tion and laws, for its own government, the govern-
ment of the District Courts, and the government of
the state bar of Nevada.
[N.R.S. SS2.120, 169.015 et. seq.]
Intermediate Appellate Court
2.0 There is no intermediate appellate court in
Nevada.
A resolution to create a Court of Appeal
is to be submitted to the voters in 1980.
[Assembly Joint Resolution No. 2, File No. 101]
"4
Court of General Jurisdiction
3.1 DISTRICT COURT.
The District Court sits in.con-
tinuous session.
[N.R.S. SS1.120, 1.130]
3.2 Organization.
The legislature has provided for
9 judicial districts, 6 of which have one district
judge; the other 3 districts have 2, 9, and 12
judges respectively.
The District Court is termed
the Juvenile Court when it holds juvenile sessions.
[N.R.S. SS3.020, 62.010 et. la.]
3.3 Jurisdiction
s. The District Court has original jurisdiction
in criminal cases not within the jurisdiction of
another court; all equity cases; all cases at law
involving real property, mining claims, or the
legality of any tax; civil cases involving over
$300; probate and guardianship matters; forcible
entry and unlawful detainer; and cases in which
election to i public office is contested.
District
Court judges also function as Juvenile Court judges,
having exclusive original jurisdiction over
juvenile matters.
b. The District Court has appellate jurisdic-
tion over cases appealed from courts of limited
jurisdiction and may issue necessary writs.
[Const., Art. VI, S6; N.R.S. SS3.190, 3.200, 62]
3.4 Judges (29)
a. There is no provision for i chief judge over
all the districts of the District Court.
Chief
judges are elected by their peers in two of the nine
judicial districts and serve i 1-year term.
b. District Court judges must be members.of the
Nevada Bar, must be st least 25 years of age, and
must have been residents of the stat for at least
2 year..
Figure 1:
Nevado court system, 1980
t
ISUPREME COURT
5 juetices
Jurisdiction:
- Appellate jurisdiction over equity,
law
I(over 000), end all other civil matters
not given to a lower coort, end questions
of law indtriminal Cases of District Court.
- Certiorsri review of cases originating
in
Justice and MuniciAl Courts and appealed
to the District Court.
1
DISTRICT COURT (9)
29 judges
Jurisdiction:
Original jurisdiction In equity, low, pro-
bate, mantel health, guardianship, forc-
ible entry and detainer, and election
eattr.
Civil action. if over $100.
- Felonies; misdemeanors with fine greater
than $500, sentence greater than 6 months.
- Exclusive original jurisdiction over juve-
nile netters including adults in relation
to Juveniles.
Appeals are trial de
novo.
Jury triale.
I
JUSTICES' COURT (60)
60 justices of the Peace*
Jurisdiction:
-
- civil ectiemm umimr $750, except title
to reel estate or mining claims, all
landlord-tenant matters.
- Mledemealors with fine under $500
ond/or eentence under 6 months.
- Motor vehicle violation..
s
ItIndicates route of appeal.
t
MUNICIPAL ODURT (21)
21 judges
Jurisdiction:
- Civil action, when less then $750 and
and the plaintiff is the city.
- Municipal ordinance violations, mis-
demeanors with fine under $500 and/or
sentence under 6 Month..
*Mine
justice", of the peace also rve es Municipal Court judge..
4
326t
x 4
4
IMI,
-
I
Court of
laet
retort
Court of
general
jurisdiction
Courts of
limited
jurisdiction
c. District Court judges are elected to 4-year
terms on a nonpartisan basis by the voters of their
respective districts at the general elections.
[Const., Art. VI, S5; N.R.S. SS3.025, 3.050,
3.060; State Court Administrator]
,
3.5 Administration
a. Whereas there is no provision for a chief
judge over all the districts of the District Court,
the chief judges of the two multi-judge districts
assign cases to the judges of the court, prescribe
houts of the court, and adopt rules and regulations
to expedite the court business.
The chief judges
must submit written reports to the clerk of the
Supreme Court.
b. There are E1-21,1ei9ns for an administrator in
Clark County.,
c. The elected county clerks are ex officio
clerks of the District Court.
They have responsP-
bilities as determined by the court.
[Const., Art. IV, S32; N.R.S. SS3.025, 250]
3.6 Rule-making.
Reference Section 1.6.
Local
District Court rules of practice have been approved
for five judicial districts.
[Local District Court Rules of Practice]
Court of Limited or Special Jurisdiction
4.1.1 JUSTICES' COURT.
The Justices' Court sits in
continuous session.
[N.R.S. S4.3601
4.2.]. Organization.
The Justices' Court serves
geographic areas known as townships.
There is one
Justices' Court in each township of the state, with
from one to five justices based on population.
There are no specialized divisions of the court.
[N.R.S. S4.020]
4.3.1 Jurisdiction
a. The Justices' Court has jdrisdiction over
motor vehicle violations, petty larceny, assault
and battery (except on an officer or with intent to
kill), criminal mischief, and disturbances of the
peace.
Civil actions involving up to $750 in
controversy and landlord-tenant cases, regardless
of amount, can be brought in the Justices' Court.
b. The Justices' Court has no appellate juris-
dic,tion.
[N.R.S. §4.370]
4.4.1 Judges (60)
a. The Justices' Courts do not have presiding
judges.
b. Justices of the peace must be qualified
voters in their jurisdictions.
They must attend a
required course of instruction upon election.
c. Justices of the peace are elected to 4-year
terms.in nonpartisan elections by the voteis of the
townships.
[N.R.S. SS4.010, 4.025, 4.035; State Court
Administrator]
4.5.1 Administration
a. There are no provisions for presiding judges
for the Justices' Court.
b. There'are no provisions for administrators
for the Justices' Court.
Reference Section 5.2.b
(state-level administrator).
c. The Board of County Commissioners may
appoint a clerk for the Justices' Court upon the
recommendation of the justices of the peace.
He is
responsible for administering oaths, taking and
certifying affidavits and acknowledgments, issuing
processes, entering suits on the dockets and all
clerical work in connection with records, tiles,
327
and dockets of the court.
He also performs such
other duties in connection with the office as the
justice of the peace prescribes.
[N.R.S. S4.3501
6
4.6.1 Rule-imaking.
Reference Section 1.6.
4.1.2 MUNIG1PAL COURT.
The Municipal Court sits in
*-
continuous session.
[N.R.B. S5.0701
4.2.2 Organization.
Ak Municipal Court may be
established by the legislature in incorporated
cities and towns.
There are no specialized
divisions of the court.
[Const., Art. VI, Sl; N.R.S. SS1.010, 5.010]
4.3.2 Jurisdiction
a. The Municipal Court has jurisdiction over
misdemeanors punishable by a fine not exceeding
$500 and/or imprisonment not exceeding 6 months,
ordinance violations, abatement of nuisances,
vagrancy and disorderly conduct, petit larceny,
minor assault and battery, and breaches of peace.
The Municipal Court also has civil jurisdiction
when a fine is less than $750.
b. The Municipal Court has no appellate juris-
diction.
[N.R.S. S5.0501
4.4.2 Judges (21).
Each Municipal Court is held by
one judge, designated as a police judge.
a. The Municipal Courts do not have presiding
judges.
b. Municipal Court (police) judges are required
to attend'a course of instruction upon election.
c. Municipal Court (police) judges are elected
by the voters of their respective cities.
The term
of office is for 1 year unless a longer period is
fixed in the acts incorporating the city.
[N.R.S. SS5.010, 5.020, 5.026; State Court
Administrator]
4.5.2 Administration
a. There are no provisions for presiding judges
for the Municipal Court.
b. There are no provisions for administrators
for the Municipal Court.
Reference Section 5.2.b
(state-level administrator).
c. There are no provisions for clerks for the
Municipal Court.
4.6.2 Rule-making.
Reference Section 1.6.
State-Level Administration
5.1 General administrative authority.
The Chief
Justice is the admihistrative head of the court
system.
He has the authority to shift District
Court judges as needed and to recall retired judges
into service.
Reference Section 1.5.a.
[Const., Art. VI, S19]
5.2 Administrative Office of the Courts
a. Tbe office is authorized by statute.
b. State Court Administrator
(1) The position is created by statute.
(2) The State Court Administrator is
appointed by the Supreme Court and is removable at
the pleasure of the court.
(3) The State Court Administrator has the
following responsibilities:
(a)
Examines administrative methods and
systems employed by judges, clerks, court report-.
ers, and other employees.
(b)
Examines the status of the dockets
in the District Court and determines if assistance
is needed.
345
4/4
Figure 2:
Nevada state-level administrative office of the courts, 1980
Director
Deputy
Director
Programs
Coordinator
Judicial
Planner
Research
Statistician
.L
Accountant
Management
Management
Administrative
Assistant
Assistant
ii
Aid
Ii
Accountant
Cladc
n4C)
(c)
Recommends assignment of judges.
(d)
Collects and compiles statistics
and reports to the Supreme Court (through the Chief
Justice).
(e)
Prepares and submits judicial bud-
get recommendations.
(f)
Collects statistical data and
reports on expenditures.
(g)
Formulates and submits to the
Supreme Court recommendations on policies or pro-
posed legislation.
(h)
Submits to the Supreme Court an
annual report on the administrator's office.
(1)
Performs such other duties as may
be assigned by the Supreme Court as prescribed by
'law.
c. Office organization.
The Administrative
Office of the Courts consists of 10 people:
7 pro-
fessionals (including the State Court Administrator)
and 3 clerical personnel.
The professional staff
provides support services in the following areas:
payroll, accounting, budgeting, and purchasing; edu-
cation and training; and planning and research
activities including statistical compilation, judi-
cial planning, research and statistical analysis.
[N.R.S. 111.320, 1.330, 1.340, 1.360; State
Court Administrator]
quasi-Judicial Officers
6.1.1 DISTRICT COURT
6.2.1 Juvenile master
a. District Court judges in the Juvenile Divi-
sion can appoint any person qualified by "previous
experience, training, and demonstrated interest in
youth welfare° as a master.
b. Masters may swear witnesses and make findings
of fact and recommendations on an ad hoc basis.
If
no hearing by the court is requested, the findings
and recommendations of the master become a decree
of the court.
[N.R.S. 162.090, Administrative Office of the
Courts]
6.1.2 DISTRICT COURT
6.2.2 Probate commissioner
a. Probate commissioners are appointed by the
chief judge of the District Court.
In practice,
probate commissioners are practicing attorneys.
b. Probate Commissioners hold hearings in
probate cases at least one day per week with the
approval and supervision of the chief judge.
They
are also responsible for making sure that all
petitions are verified.
[N.R.S. 62.090; Administrative Office of the
Courts]
Judicial
7.1 Commission on Judicial Discipline.
The commis-
sion includes two Justices or judges, appointed by
the Supreme Court; two members of the state bar,
appointed by It* Board of Governors; and three non-
lawyers, appointed by the Governor.
[Const., Art. VI, 1211
7.2 Authority and procedure for sanction.
The com-
mission operates under rules provided by the
Supreme Court for the confidentiality of all its
proceedings except its decision to discipline or
remove a judge, the grounds of censure, and the
conduct of investigations and hearings.
A justice
or judge may be removed for willful misconduct,
willful or persistent failure to perform his
duties, or habitual intemperence.
He may be
retired for advanced age or for mental or physical
disability that interferes with or prevents the
proper performance of his duties.
Any person may bring to the attention of the
commission any matter relating to the fitness of a
Justice or judge.
The commission will, after pre-
liminary investigation, dismiss the matter or order
a hearing to be held befor'e it.
If a hearing is
ordered, a statement of the matter will be served
upon the justice or judge against whom the proceed-
ing is brought.
The commission, in its discretion,
may suspend a Justice or judge from the exercise of
his office pending the determination of the pro-
ceedings before the commission.
Any justice or
judge whose removal is sought
is liable to indict-
ment and punishment according to law.
A Justice or
judge retired for disability in accordance with
this section is entitled to receive such compensa-
tion as the legislature may provide.
[Coust., Art. VI, 521]
329 el 4
ci'l
Figure 1:
New Hampshire court system, 1980
1
BIMINI COURT
5 )usticss
Jurisdiction:
- final appellate jurisdiction in all civil
and criminal cases from all courts and ad-
ministrative agencies in the state.
Court of
last
resort
SUPERIOR COURT (10)
11..
15 )ustices
41111
Jurisdiction:
- Exclusive civil Jurisdiction over
$5,000,
and condemnation; concurrent )uriodic-
Court of
Civil
tion with District Court when over $500 but
Civil
general
matters.
less than $5,000; title to real estate;
matters.
)uriediction
equity; divorce, support, and alimony.
- Exclusive )urisdiction over felony cases.
Appeals de novo on misdemeanors.
Jury trials.
111.
4F1=1MIMM=2
Criminal
Criminal
Matters.
matters.
DISTRICT COURT (41)
MUNICIPAL COURT (15)
9 full-time, 75 special or part-time
justices
15 part-time, 5 special justices
Jurisdiction
Jurisdiction.
- Landlord-tenant and small claims
(Jurisdiction doss not extend to incor-
under $500 (excluding title to
porated areas maintaining a Municipal
real estate).
Court.)
- Misdemeanors, violations, probable
- Civil actions under $5,000 (exclusive
cause hearings for felonies.
civil )urisdiction if under $500) ex-
No jury trials.
cluding title to real state.
Small
claims jurisdiction.
Misdemeanors, violations, probable
cauas hearings for felonies.
Juvenile matters.
No )ury trials.
Courts of
limited
)urisdiction
PROBATE COURT (10)
10 part-time )udges
Jurisdiction:
- Exclusive )uriediction in probate,
administration, sales, and settle-
sent of estate matters; adoption,
guardianship, conservatorship, and
!
changing of legal names.
No jury trial.
Nerve
tIndicates route of appeal.
t
330
NEW HAMPSV\I\RE
Court of Last Resort
1.1 SUPREME COURT.
The court sits for one general
term each year in Concord.
The justices, unless
they shall order otherwise, meet the first Tuesday
of each month, except in the month of August.
(New Hampshire Revised Statutes Annotated
(hereinafter R.S.A.) i490:6-(Supp. 1979)]
1.2 OT anization.
The Supreme Court does not sit
in panels or divisions.
1.3 Jurisdiction
a. The Supreme Court has general superinten-
dence over all trial courts and may issue extra-
ordinary writs.
b. The Supreme Court has appellate jurisdiction
over questions of law from all courts and adminis-
trative agencies in the state.
(R.S.A. $$490:4, 491:17, 502:24, 502-A:17a,
541:6, 567-A:1]
1.4 Justices (5)
a. The Chief Justice is nominated and appointed
by the Governor and Executive Council (reference
Table 12:
Characteristics of judicial nominating
commissions) and serves until the mandatory
retirement age of 70.
b. Supreme Court justices' qualifications are
not set by constitution or statute, however, since
the 1940's it has been the custom of the Governor
and Executive Council to appoint trial justices of
the Superior Court to the Supreme Court.
c. Supreme Court, Superior Court, District
Court, Municipal Court justices, and Probate Court
judges are nominated and appointed by the Governor
with the concurrence of
majority of the members
41 the Executive Council.
The council is composed
a/ five councilors elected biennially by the
voters.
All justices and judges hold their offices
"during good behavior" until age 70.
[Constitution, Part 2, Articles 46, 60, 73,
78; R.S.A. 1493:2]
1.5 Administration
a. The Chief Justice is the administrativ, head
over all the court,.
He exercises administration
and supervision over the entire court system
through the Administrative Judge of the Supreme
Court, the Director of Administrative Services to
the Superior Court, the chief justice and Adminis-
trative Assistant of the Superior Court, and the
Administrative Committee of the District and Muni-
cipal Courts.
Reference Section 5.1 (General ad-
ministrative authority).
The Chief Justice is responsible for super-
vising the efficient operation of the Supreme
Court.
b. Reference Sections 5.2.b and 5.2.c (state-
level administrator).
c. The Supreme Court clerk is appointed by and
serves at the pleasure of the Supreme Court.
The
position is authorized by statute.
At present, the
clerk also lills the position of reporter of deci-
sions.
He is responsible for personnel administra-
331
tion, financial and records management, and office
organization of the Supreme Court.
(Const., Part 2, Art. 73-A; R.S.A. 11490:19,
490A:2]
1.6 Rule-makin
.
The constitution of the state
specifies that the Chief Justice, with the concur-
rence of
majority of the Supreme Court justices,
makes rules governing the administration of all
courts in the state and the practice and procedure
to be followed in all such courts.
The rules so
promulgated have the force and effect of law.
[Const., Part. 2, Art. 73-A]
Intermediate Appellate Court
2.0 There is no intermediate appellate court in New
Hampshire.
Court of General Jurisdiction
3.1 SUPERIOR COURT.
Court rules designate the time
for holding terms of court.
Statutes require at
least two terms annually in each county.
[R.S.A. $496:1]
3.2 Organization.
The court sits in each of the
state's 10 counties, normally at the county seat
of government.
At least one justice sits at each
court location.
[R.S.A. $496:1]
3.3 Jurisdiction
a. The Superior Court sits at both lew and
equity and has original and exclusive jurisdiction
over felony offenses, civil actions where the
amount in controversy exceeds $5,000, and condor-
nation proceedings.
The court has concurrent
jurisdiction with the District Court over misde-
meanor offenses and civil actions where the amount
in controversy exceeds $500 but is less than $5,000
and the title to real estate is not involved.
Jury
trials are not held in the limited jurisdiction
courts; therefore, all matters requiring juries are
brought before the Superior Court.
b. The Superior Court hears misdemeanor and
violation appeals de novo from the District and
Municipal Courts.
[Const., Pt. 1, Art. 15, Pl. 1, Art. 20;
R.S.A. 114917, 498:1, 498-A:3, 592-A:2]
3.4 Justices (15)
a. The chief justice of the Superior Court is
nominated and appointed by the Governor with the
consent, of the council, and serves until age 70.
The Superior Court designates a presiding justice
for the individual counties in each term of court.
b. Superior Court justices' qualifications are
not set by constitution or statute.
In practice,
Superior Court justices are members of the New
Hampshire Bar Association whose names are submitted
to the bar for comment prior to appointment by the
Governor and Executive Council.
c. Superior Court justices are selected in the
same manner and for the same term as Supreme Court
3.19
"N\
justices.
Reference Section 1.4.c.
[Const., Part 2, Art. 78; R.S.A. 1493:21
3.5 Administration
a. The chief justice of the Superior Court
serves as the administrative head
of the court.
Presiding justices for the individual counties are
designated by the chief justice each term of court.
b. An administrative sss i s tant is appointed by
the chief justice.
The assistant serves as the
fiscal officer of the Superior Court and performs
other duties as required by the chief justice.
Clerks serve as the administrators for the individ-
ual courts.
c. Superior Court clerks are
constitutional
officers.
The justices of the Superior Court ap-
point a clerk for each of the states 10 counties.
The clerks serve at the pleasure of the justices.
They are usually attorneys.
The clerks adminis-
trate the individual courts.
In addition, they are
responsible for personnel administration, financial
and records management, and office organization of
the Superior Court.
[Const., Part 2, Art. 82; R.S.A. 1499:1; Admin-
istrative Assistant)
3.6 Rule-makin .
The court, acting as a body, may
from time to time establish rules and orders of
practice, consistent with the laws, for conducting
and regulating its business.
Such rules must be
approved by the Supreme Court.
Administrative
rules relating to the Superior Court can be issued
by the Chief Justice of the Supreme Court.
[Const., Part 2, Art. 73-A; R.S.A. 1490-A:31
Courts of Limited or Special Jurisdiction
4.1.1 PROBATE COURT.
Court terms for each court
are specified in the statutes.
[R.S.A. 1549:1 to 1549:101
4.2.1 Organization.
The Probate Court is a state
court with 10 separate branches, one in each
county.
There are no specialized divisions of the
court.
[R.S.A. 5547:31
4.3.1 Jurisdiction
a. The Probate Court has
jurisdiction over the
probate of wills, the granting of administration,
and over all matters and things of probate juris-
diction relating to the sale, settlement, and final
distribution of estates.
It has concurrent juris-
diction with the Superior Court to interpret and'
construct wills and testamentary trusts.
The court
also appoints and removes conservators and guard-
ians of minors, mentally incompetent persons, and
spendthrift..
The court's jurisdiction also ex-
tends to the adoption of children, the assignment
of homestead in the estates of deteased persons,
and the changing of legal names.
b. The Probate Court has no appellate jurisdic-
tion.
[Const., Part 2, Art. 80; R.S.A. 11170-6:11,
547:3, 547:4, 547:5, 547:71
4.4.1 Judges (10 part-time)
a. A presiding judge is appointed for each
county.
b. Probate Court judges' qualifications are not
set by constitution or statute.
In practice, Pro-
bate Court judges are members of the New Hampshire
Bar Association whose names are submitted to the
bar for ctomment prior to appointment by the Gover-
nor and Executive Council.
c. Probate judges are selected
in the same man-
ner and for the same term as Supreme Court jus-
tices.
Reference Section 1.4.c.
IR.S.A. Section 5471
332
4.5.1 Administration
a. Each Probate Court has a
presiding judge.
b. The registers provide day-to-day administra-
tion of the Probate Court.
Reference Section
4.5.1.c below.
c. Registers of probate are constitutional of-
ficers elected to 2-year terms by the voters of the
counties.
The registers are kesponsible for per-
sonnel administration, financDal and records man-
agement, and office organization of the Probate
Court.
[Const., Part 2, Art. 71; R.S.A. 164:11
4.6.1 Rule-making.
The Supreme Court may promul-
gate procedural rules for the Probate Court.
A
majority of the state's probate judges may also
promulgate rules that are subject to the approval
of the Supreme Court.
[R.S.A. 1547:331
4.1.2 DISTRICT COURT.
Each District Court judge
determines his own sessions.
[R.S.A. 11502-A:1, 502-A:21
4.2.2 Organization.
The state is divided into 41
judicial districts.
Boundaries of each district
are specified in the statutes.
There are no spe-
cialized divisions of the court.-
[R.S.A. 1502-A:11
4.3.2 Jurisdiction
a. The District Court has original
jurisdiction
over all crimes and offenses
involving a fine not
exceeding $1,000, or imprisonment up to 1 year, or
both.
The court's criminal jurisdiction does not
extend to those incorporated areas still maintain-
ing their Municipal Courts.
The court's exclusive
civil jurisdiction extends to civil cases not in-
volving title to real estate or exceeding $500.
The court has concurrent jurisdiction with the Su-
perior Court in actions not involving title to real
estate and not exceeding $5,000.
Original juvenile
proceedings are conducted in the District Court.
b. The District Court has no appellate juris-
diction.
[R.S.A. 51169:8-D, 502-A:11, 502-A:141
4.4.2 Justices (9 full-time; 75 special or part-
time)
a. Statutes specify that each District
Court
shall consist of one justice and one special
jus-
tice (who substitutes when a justice is disabled
or disqualified for a case).
b. District Court justices must be county resi-
dents and "be a learned, able and discreet per-
son(s) specially qualified by training and experi-
ence for the performance of his
(their) duties."
Wherever possible, justices and special justices
are chosen from qualified persons who are also mem-
bers of the Bar of New Hampshire.
c. District Court justices are
selected in the
same manner and for the same term as Supreme Court
justices.
Reference Section 1.4.c.
[R.S.A. 11502-A:3, 502-A:41
4.5.2 Administration
a. Each District Court has a
presiding judge.
b. There are no provisions for administrators
over all the districts of the
District Court.
The
Administrative Committee of the District and Mu-
nicipal Courts serves in an advisory capacity with
regard to administrative procedures.
Committee
members are appointed by the Supreme Court.
The
committee consists of three District Court justices
and two Municipal Court justices.
It superintends
the keeping of court records and
it has general
advisory powers in relation to the District and
MUnicipal Courts.
The committee employs a full-
time executive secretary or director, and one full-
time secretary.
35 0
c. District Court clerks are constitutional
officers, who are appointed by and serve at the
pleasure of the District Court justices.
Some of
their duties include personnel administration,
financial and records management, and office organ-
ization of the District Court.
[Const., Part 2, Arts. 73-A, 82; R.S.A.
11502-A:7, 502-A:8, 502-A:18, 502-A:19-a]
4.6.2 Rule-making.
District Court rules relating
to practice, procedure, forms, and records are
promulgated by the Supreme Court.
Such promulga-
tions are normally based on the recommendations of
the Administrative Committee of the District and
Municipal Courts.
The latest rules of the District
and Municipal Courts were approved by the Supreme
Court on May 1, 1979, to take effect on July 3,
1979.
[Const., Part 2, Art. 73-A; R.S.A. 11502-A:18,
502-A:19-a]
4.1.3 MUNICIPAL COURT.
Each court determines its
own sessions.
These courts are gradually being
phased out of existence pursuant to statute.
[R.S.A. 11502:4; 502:31; 502:A-35]
4.2.3 Organization.
There are presently 15 Munici-
pal Courts in New Hampshire.
The geographic juris-
diction of each Municipal Court extends to the
boundaries of the town in which it is located.
There are no specialized divisions of the court.
[R.S.A. 1502-18]
4.3.3 Jurisdiction
a. The Municipal Court has the same criminal
jurisdiction as the District Court.
Reference Sec-
tion 4.3.2.a.
The Municipal Court has civil juris-
diction over landlord and tenant actions and small
claims cases not exceeding $500, neither of which
may involve title to real estate.
b. The Municipal Court has no appellate juris-
diction.
[R.S.A. 11502:18, 503:1, 503:3-a]
4.4.3 Justices (15 part-time, 5 special justices)
a. Statutes specify that each Municipal Court
will consist of one justice and one special jus-
tice.
b. Municipal Court justices must be "learned,
able, and discreet."
c. Municipal Court justices are selected in the
same manner and for the same term as Supreme Court
justices.
Reference Section 1.4.c.
[R.S.A. 1502:1]
4.5.3 Administration
a. Each Municipal Court has a presiding jus-
tice.
b. There are no provisions for administrators
over all the municipalities of the Municipal Court.
The Administrative Committee of the District and
Municipal Courts serves in an advisory capacity
with regard to administrative procedures.
Refer-
ence Section 4.5.2.c.
c. The duties of the Municipal Court clerks are
prescribed by statute.
Some of their duties
include personnel administration, financial and
records management, and office organization of the
Municipal Court.
[R.S.A. 1502:14 (Supp. 1979)]
4.6.3 Rule-making..
Municipal Court rules are
promulgated by the Supreme Court based on the rec-
ommendations of the Administrative Committee of
the District and Municipal Courts.
Reference Sec-
tion 4.6.2.
State-Level Administration
AR
5.1. General administrative authority.
The Chief
Justice is consitutionally designated as the admin- '4
istrative head over all the courts.
With the con-
currence of a majority of the Supreme Court jus-
tices, he may issue administrative rules for all
courts of the state.
Such rules have the force and
effect of law.
Reference Section 1.5.a.
[Const., Part 2, Art. 73-A]
5.2 Administrative Office of the Courts
a. There is no established administrative
office of the courts in New Hampshire.
b. Director of Administrative Services to the
Supreme Court
(1) The position of Director of Administra-
tive Services to the Supreme Court was established
by the Supreme Court through a grant from the New
Hampshire Crime Commission.
(2) The Director of Administrative Services
must be a graduate of a four-year college, with a
degree in public administration, business adminis-
tration, or a related field.
He must have had
extensive prior experience in court administration.
(3) A contractual employee, the Director of
Administrative Services performs the following
duties:
(a)
Coordinates administrative services
to all elements of the court system.
(b)
Develops sound records management
and accounting procedures.
(c)
Establishes centralized purchasing.
(d)
Develops and maintains the manage-
ment information system.
(e)
Creates and administrates a court
system personnel structure.
(0
Coordinates required research and
development activities.
(g)
Processes all requests for forms
revision, rules revision, and requests for federal
and private funding for the courts.
c. Administrative Judge of the Supreme Court.
(1) In Mar& 1978, the Supreme Court issued
an order establishing the position of Administra-
tive Judge.
The order appointed an associate jus-
tice of the Supreme Court to fill the position.
(2) The order directed the Administrative
Judge to perform the following duties:
(a)
Advise, assist, apd make recom-
mendations to the Supreme Court in respect to
developing and implementing standards, policies,
plans, and programs for improving the adMinistra-
tion, coordination, and effectiveness of the court
system.
(b)
Make recommendations to the Supreme
Court for proposed laws and programs to improve the
administration, coordination, and effectiveness of
the court system.
(c)
Promote cooperation and coordina-
tion between the administrative offices of the
court.
(d)
Study and recommend improvements
in the administration of Supreme Court committees,
including but not limited to organization, opera-
tions, budget, jurisdiction, rules and prociptures,
and administrative, clerical, fiscal, and personnel
practices.
(e)
Request and receive from any court
administrative office such assistance, information,
and data as required.
333
351
41/
Figure 2: New Hampshire state-level administrative office of the courts, 1980
Director of
Mdsdnistrativo
Services
1
1
_I
_l____
1
_1__.
Finance
Public
information
Court
and
Education
Information
Planning
Syter
Support
Budget
and
and
and
Services
Training
Liaison
Besearth
- Systeme analysis
Court coordination
Payroll
- Training
- Legislation liaison
- Statistical compilation
- &cords menagement
Accounting
- Publication
Executive liaison
- JPC/planning
Pores developeent
- Budgeting
- Statistical analysis
Purchasing
- Legal services
- Legislative drafting
352
t
, .
(f) Supervise the collection, compila-
tion, and publication of statistics and other
court-related data.
(g) Make a monthly report concerning
his work and an annual report on the state of the
court system.
(h) Exercise additional powers and per-
form other functions and duties as assigned by the
Supreme Court.
d. Office organization.
There are no provi-
sions for an administrative office of cOurts or
staff at this time.
There are, however, six staff
members providing services in the following areas:
systems analysis, records management, and forms
development; court coordination; payroll, account-
ing, budgeting, and purchasing; training, publica-
tions, legislative liaison, and executive liaison;
and planning and research activities including
statistical compilation, judicial planning, re-
search, statistical analysis, legal services, and
legislative drafting.
(Supreme Court Order, March 9, 1978; Director
of Administrative Services]
.
quasi-Judicial Officers
6.1.1 SUPREME COURT AND SUPERIOR COURT
6.2.1 Judicial referee
a. Retired justices may be assigned to assist
either court.
b. Judicial referees may be assigned to hear
and determine particular cases in either court or
may be assigned by the Chief Justice of the Supe-
rior Court to assist the justice of the Superior
Court in any county in the general disposition of
any matters pending in the court.
Referees, how-
ever, are not authorized to preside at trials by
jury or to enter judgments.
(R.S.A. iS491.23, 493-A.1]
6.1.2 SUPERIOR COURT
6.2.2 Auditor, master, marital master, and referee
a. The Superior Court may appoint auditors,
masters, and referees.
b. In actions referred to auditors, masters,
and referees, the hearing proceeds according to the
rules of law or equity and the practice in court.
Marital masters hear contested and uncontested
domestic relations cases.
The report of a master,
auditor, or referee is presented to the Justice
for his order and thereafter sent to the counsel,
who preserve their rights as though the case were
originally heard by a Justice of the Superior
Court.
(Superior Court Rules, 81 to 851
Judicial Discipline
7.1 Committee on Judicial Conduct.
The committee
consists of seven members appointed by the Supreme
Court.
It includes one active or retired Supreme
Court Justice, one active or retired Superior Court
Justice, one District or Probate Court judge, two
members df the state bar, and two citizens.
(Supreme Court Rule 39)
7.2 Abthority and procedure for sanction.
The com-
mittee considers all complaints ubmitted in
writing and signed by a complainant having stand-
ing, and not obviously unfounded or frivolous, al-
leging a violation of the Code of Judicial Conduct.
After receiving notice of the complaint, the judge
has 20 days to submit his answer.
If a formal
hearing is deemed necessary, 30 days notice must
be given to both parties.
If it appears that a
violation has occurred, the committee forwards a
report of its findings to the Supreme Court to-
gether with a record of the proceedings.
All
hearings and proceedings of the committee are pri-
vate and all records are confidential.
Upon re-
ceipt of the report, the Supreme Court schedules a
private hearing, at which the judge can appear in
person or be represented by counsel.
The judge
will be heard on the facts and the law.
The court
then files a written opinion directing such disci-
plinary action as it finds just and proper, or ex-
onerating the judge complained against.
It may
"also return the matter to the committee with the
direction that an oral reprimand be given.
Only
the final written opinion and judgment of the Su-
preme Court ordering disciplinary action shall be
mode public.
(Supreme Court Rule 39]
a6-3
Figure 1:
New Jersey court system, 1980
SUPREME COURT
7 justices
Jurisdiction'
- Final appeal in constitutional questions,
capital cases, certification., dissent.
in Appellate Division, and se provided
by lam.
APPELLATE DIVIIION of summx COURT
21 judges
Jurisdiction:
- Appeals from lover COurts, except Muni-
cipal Court., and from administrative
agencies, xcept Wags and Hour Section
of Labor and Industry.
MIIlmr
SUPERIOR COURT (21)
214 judges
LAW DIVISION
.
CHANCERY DIVISION
Jurisdiction
Jurisdiction
- Civil actions not
assigned to
General equity,
matrimonial,
Chancery Division.
- Criminal cases.
probate.
No Appellate loci.-
Appeals from Monici-
diction.
Pal Courts.
Jury trials.
COUNTY DISTRICT COURT (21)
39 Judges
'
Jurisdiction
- Civil actions under 53,000,
landlord end tenant, small
claims under 000.
1
Minor criminal and ordinance
violations.
Concurrent criminal
and quell-criminal jurisdiction
with Municipal Courts.
- Traffic matters.
Jury trials.
TAX COURT
9 judged
TAX rotmT
SMALI ClAIMS
Jurisdiction'
DIVISION
Appeals from the
Jurisdiction
Division of Tax-
- Appeals under
ration in the
12,000.
Department of
Treasury.
Interlocutory
orders in
cases involving
death penalty.
41
MUNICIPAL COURT (526)
2 full-time,
370 prt-t toe judges
Jurisdiction
- fiatrdy procsdi nes.
- Probable cause hearings on
indictable offenses.
Minor
criminal and ordinance viola-
tions.
Fish and game, and
navigation violation..
- Traffic setters.
No Jury trial,.
llimmimi
SURROGATE'S COURT (211
21 surrogates
Jurisdiction
-,Oncontested probate matters.
JUVENILE AND DOMESTIC RELATIONS COURT (21)
33 judges
JUVENILE DIVISION
DOMESTIC RELATIONS
Jurisdiction.
DIVISION
- Exclusive Jorie-
Jurisdiction
diction in
- Domestic relations
juvenile matters.
(except divorce)
and adoption
matters.
ItIndicates route of appeal.
336
354
MINN,
./
=MIL
Court of
last
resort
Intermediate
appellate
Court
COurt of
general
jurisdiction
Courts of
limited
brrisdiction
NEW JERSEY
Court of Last Resort
1.1 SUPREME COURT.
The Supreme Court sits in
Trenton unless the Chief Justice or a presiding
judge deems it temporarily necessary or desirable
to convene court'elsewhere.
The court holds one
term annuelly, commencing on the date fixed by the
Chief Justice.
(Rules Governing the Courts of the State of New
Jersey (hereinafter Rules) R.1:30-2, R.2:13-3)
1.2 Organisation.
Five justices constitute
quorum.
The Supreme Court does not sit in panels
or divisions.
(Rules, R.2:13-26)
1.3 Jurisdiction
a. The Supreme Court may exercise such original
jurisdiction as may be necessary to the complete
determination of any matter on review.
Necessary
temporary relief, stays, and emergency orders may
be granted, with or without notice, by a single
justice of the court.
The Supreme Court has juris-
diction over the admission to the practice of law
and the discipline of persons admitted.
The Supreme Court exercises appellate juris-
dictron in the last' resort in all cases provided
in tha constitution.
Appeals-may be taken to the Supreme Court from
final judgments as of right:
(a) in cases deter-
mined by the Appellate Division of the Superior
Court involving substantial questions under the
federal or state constitution; (b) in cases where
there is dissent in the Appellate Division of the
Superior Court; (c) in capital cases; and (d) in .
such other cases as provided by law.
In practice,
appeals may be certified to the Supreme Court by
the Superior Court and, where provided by rules of
the Supreme Court, by the courts of limited jUris-
diction.
Appdals may be taken to the Supreme Court by
its leave from interlocutory orders (a) of trial
courts in cases where the death penalty has been
or may be impoied and in postconviction proceedings
in cases in which the death penalty was imposed;
(b) of the Appellate Division when necessary io
prevent irreparable injury and; (c) on certifica-
tion by the Supreme Court to the Appellate Division
pursuant to Rule R.2:12-1.
(Constitution, Article 6, Sectign 5, Paragraph
3; Const., Art. 6, 12, 12; Conit., Art. 6, 12,
13; Const., Art. 6, 15, 11; Rules, R.2:2-1,
R.2:9-8, R.2:10-5.; Administrative Director of
the Courts)
1.4 Justices (7)
a. The Chief Justice is designated by the
Governor upon his appointment to the court.
He
serves a 7-year term, and can be reappointed until
age 70.
.b. Supreme Court justices, prior to their
appointments, must have been admitted to the prac-
tice of law in New Jersey for at least 10 years.
337
f
c. The Governor nominates and appoints Supreme
Court justices, with the advice and consent of the
Senate.
No nomination may be sent to the Senate
for confirmation until after 7 days public notice
by the Governor.
Justices serve an initial 6-year
term, and, upon reappointment, serve until retire-
ment.
All vacancies are treated alike in that all
judges are appointed for full terms.
(Const., Art. 6, 16, 11; Const., Art. 6, 16,
12; Const., Art. 11, 14, 11; Administrative
Director of the Courts)
1.5 Administration
a. The Chief Justice is the administrative head
of the courts in the state.
He exercises adminis-
tration and supervision of the entire court system
through the Administrative Director of the Courts,
the presiding judge of the Appellate Division, the
assignment judges and trial court administrators
of the Superior Court vicinage., and -the presiding
judge of the Tax Court.
Reference Section 5.1
(General administrative authority).
The Chief
Justice, however, has no specifically articulated
duties with regard to the administration of the Su-
preme Court.
.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The clerk of the Supreme Court is 'appointed
by the court and is supervised by the Administra-
tive Director of the Courts (reference Section
5.2.0.
In practice, the clerk is responsible for
serving as Secretary to the board of Bar Examiners,
the Committee on Character, and the Trial Attorney
Certification Board.
In these capacities, the
clerk directs the administration of bar admissions
and is responsible for the administrative end of
the specialized program.
He is also responsible
for processing all appellate matters for the court
from the initiation of cases to the filing
opinions; processing disciplinary matters; h
ing
and promoting employees in the Office of the
rk
(with the exception of the deputy clerk) i
ord-
ance with Civil Service regulations; devel
fordelfor use in the above functions; and handling
administrative matters in areas not handled by the
Administrative Director of the Courts.
(Const., Art. 6, 17, 13; New Jersey Statutes
Annotated (hereinafter N.J.S.A.) Section
2A:1-2; Administrative Director of the Courts)
1.6 Rule-makin
.
The Supreme Court makes rules
governing the administration of all courts in the
state, and subject to law, the practice and pro-
cedure in all such courts.
(Const., Art. 6, 12, 131
Intermediate Appellate Court
2.1 APPELLATE DIVISION OF THE SUPERIOR COURT.
The
Appellate Division sits in Trenton, Newark, and
Hackensack unless the Chief Justice 6r the presid-
ing judge of the Appellate Division deems it
355
temporarily necessary or desirable to convene court
elsewhdre.
The court holds one term annually com-
mencing on such.date as fixed by the Chief Justice.
[Rules R.130-2, R.2:13-3]
2.2 Organizstion.
The Appellate Division sits in
'
parts, each consisting of three judges, as the.
Chief Justice designates.
The number of parts is
determined by the rules of the Suprere Court.
At
present, there are seven parts.
Unless the parties
agree to a panel of two judges, all three judges
must sit to form a quorum.
[Const., Art. 6, S3, Vi; Rules, R.2:13-2;
Administrative Director of the Courts]
2.3 Jurisdiction
a. The Appellate Division may exercise SUClil,
original jurisdiction as may be necessary to eye
complete determination of any cause on review.
b. The Appellate Division may hear appeals as
a matter of right from the Law and Chancery Divi-
sions of the Superior Court; from the County Dis-
trict Court and from the Juvenile and Domestic
Relations Court only in civil cases other than
bastardy and paternity proceedings; from summary
contempt proceedings in all trial courts except
Municipal Courts; and from administrative adjudi-
cations or,rule-making proceedings so long as fur-
ther administrar.ive review is not possible.
The
Appellate Divlsion also,hears appeals from the Tax
Court.
[Const., Art. 6, S5, (2; Const. Art. 6, SS,
13; N.J.S.A. SS2A:3A-10, 2A:4-40, 2A:10-3,
2A:18-4; Rules, R.2:2-3]
2.4 Judges (currently 21; number varies depending
on workload)
a. A presiding judge for administration La
designated by the Chief Justice as being respon-
sible for the administration of the Appellate Divi-
4
sion.
The presiding judge serves at the pleasure
-of the Chief Justice.
There is also a presiding
judge for each part of the Appellate Division.
b. Appellate Division judges must meet the same
qualifications as Supreme Court justices.
Refer-
ence Section 1.4.b.
c. Appellate Division judges are Superior Court
juolges, who are selected in the same aanner as
Supreme Court justices.
Reference Section 1.4.c.
Assignments to the Appellate Division of the Supe-
rior Court are made by the Chief'Justice.
AssIgn-
ments are made annually, but once assigned, a judge
()Erect remains indefinitely on the Appellate Divi-
sion.
[Const., Art. 6, S7, 12; Rules R.2:13-1(b);
Administrative Director of the Courts]
2.5 Administration
a. The pre'siding judge for administration is
respontible for the general administration of the
Appellite Division.
He is responsible for the
following duties:
controlling caseflow; supervis-
ing judges' productivity and conduct; Asking recom-
mendations to the Chief Justice as to assignment
of jUdges to parts in the Appellste Division;
making recommendations to the Supreme Court as to
cases for certiorari; intefpreting court rules;
developing and impleMenting administrative poli-
cies; and supervising operations of the Office of
the Clerk of the Appellate Division.
b. pere is no provision for an administrator
for the Appellate Division.
Reference Section
5.2.b (state-level administrator).
'
c. The Supreme Court appoints a deputy clerk
who serves as clerk of the Appellate Division.
The
4
clerk is generally responsible to the Admiastia-
tive Director of the Courts and the Chief Justice.
The clerk is responsible for the calendar of the
Appellate Division.
[N.J.S.A. S2A:2-7; Rules, R.2:13-1(b); A
inis-
tratide Director of the Courts]
2.6 Rule-making.
Reference Section 1.6.
Court of General Jurisdiction
3.1 SUPERIOR COURT.
The Superior Court holds one
term annually, commencing on the date fixed by the
Chief Justice.
Within each term of the Superior
Court, 3 sessions are held at times fixed by the
Chief Jiistice.
[Rules, R.1:30-21
3.2*Organization.
The Superior Court is divided
into the Appellate (r7ference Intermediate Appel-
late Court above), Law, and Chancery Divisions.
The Chancery and Law Divisions are divided into
such parts as may be provided by the rules of the
Supreme Court.
The 21 counties in which the Law
Division s'its are divided into 12 vicinages, each
consisting of
1 or more counties.
[Const., Art. 6,
S3, V3; Administrative Direc-
tor of the Courts]
3.3 Jurisdiction
a. The Law Division has general jurisdiction
over all criminal matters and all civil proceedings
not assigned to the Chancery Division.
Both divi-
sions may hear cases involving both law and equity.
Probate matters, when contested, are transferred
-
from the Surrogate's Court to either the Law or
Chancery Division of the Superior Court, depending
on the type of relief sought.
The Chancery Division has jurisdiction over
general equity, probate, and domestic relations
casei, including exclusive jurisdiction over di-
vorce proceedings.
The Superior Court has concur-
rent jurisdiction with the Juvenile and Domestic
Relations Court as to custody, child support, and
civil commitments.
(Reference Section 4.3.2.a)
The Superior Court also has criminal jurisdiction
over the child abdser.
b: The Law Division has appellate jurisdiction
over appeals from the Municipal Court and over the
decisions of certain administrative agencies.
The
Chancery Division has no appellate jurisdicton.
[Const., Art. 6, S3, ¶4; Rules, R.4:3-1(a)(1),
R.4:71-1, R.4:75, R.4:94-1(b); Administrative
Director of the Courts]
3.4 Judges (214)
a. There is no provision for a chief judge over
the Law and Chancery Divisions.
The Chief Justice,
however, designates a judge of the Superior Court
as assignment judge for each vicinage, to serve at
his pleasure.
b. Superior Coert judges must meet the same
qualifications as Supreme Court justices.
Refer-
ence Section 1.4.b.
c. Superior Court judges are selected in the
same manner and for the same term as Supreme Court
justices.
Reference Section 1.4.c.
[Rules, R.1:33-1]
3.5 Administration
a. Whereas there is no provision for a chief
judge over the Law and Chancery Divisions, the
assignment judge of each vicinage is responsible
for the administration of all courts in his juris-
diction.
His duties include supervision of judges,
clerks, and jury commissioners; management of court
338
356
calendars; and implementation and enforcememt of
the rules and policies of the court system.
b. There is no provision for an administrator
over the Law and Chancery Divisions.
Assignment
judges are assisted by trial court administrators
in each vicinage chosen by joint selection by the
Administrative Director and the respective assign-
ment judge.
The duties of the administrators in-
clude the following:
preparation and submission
of the budgets for courts; the recruiting, hiring,
/-tvtining, evaluating, and monitoring of personnel
for the courts; management of space, equipment, and
facilitied; dissemination of information concerning
the courts; procurement oe supplies and services;
preparation of reports; jury management; study and
improvement of caseflow; time standards and calen-
daring; research and development of effective
administrative improvement; the ensuring of the
appearance of defendants before the court after
arrest; research planning, and development of
reform projects; and liaison with other elements
of the state and local criminal justice and social
service systems.
c. The clerks of the Superior Court are
appointed by the Supreme Court and must be attor-
neys.
They are responsible for the following
duties:
recording, filing, docketing, and proces-
sing court pleadings; maintaining a central file
of all wills; storing and retrieving all records
of the court; processing unconeested foreclosure
matters; maintaining the court's trust fund; and
collecting all fees for Law and Appellate Division
matters.
[Const., Art. 6, S7, q3; N.J.S.A. S2A:2-3;
Rules, R.1:33-3, R.1:34-2; Criminal Justice
Plan for New Jersey, p. 13; Administrative
Director of the Courts]
3.6 Rule-making.
Reference Section 1.6.
Courts of Limited or Special Jurisdiction
4.1.1 COUNTY DISTRICT COURT.
The County District
Court holds one term annually, commencing on the
date fixed by the Chief Justice.
[Rules, R.130-2]
4.2.1 Organization.
There is one County District
Court in each county.
Whenever any County District
Court exercises its criminal jurisdiction, the
court may be divided into criminal and civil parts.
A Small Claims Division may be established.
[N.J.S.A. SS2A:6-14, 2A:6-38, 2A16-43; Annual
Report, p. xiii]
4.3.1 Jurisdiction
a. The County District Court has jurisdiction
in civil actions involving $3,000 or less;
landlord-tenant cases; creditors' actions against
decedents' estates; and small claims invulving less
than $500.
The court has concurrent jurisdiction
with the Municipal Court in ordinance violations
and nonindictable offenses.
The Small ClaAms Division has jurisdiction
where the sum involved\is less than $500, has ju-
risdiction in actions in contract, actions for pro-
perty damages resulting from negligence in a motor
accident, and actions between a landlord and tenant
involving a security deposit.
b. The Connty District Court has n6,appellate
jurisdiction.
(N.J.S.A. SS2A:6-34, 2a:6-42]
4.4.1 Judes (39)
a. In each,county a Cotint'y District-Court judge
is ,designated aa presiding judge by iule oi the
Supreme Court, and series at the pleasure of the
Chief' 'Justice,
b. County Dfstrirt Court judges must meet the
33
Igoe
same qualifications as Supreme Court justices.
Reference Section 1.4.b.
c. County District Court judges are appointed
by the Governor, by and with the advice of the
Senate.
[N.J.S.A. SS2A:4-7.4, 2A:6-3.5, 2A:6-8,
2A:6-8.1, 2A:6-9, 2A:6-11; Rules, R.1:33-1;
Administrative Director of the Courts]
4.5.1 Administration
a. The presiding judges of the counties qf the
County District Court have no specifically articu-
lated administrative duties.
The assignment judges
of the Superior Court vicinages are primarily re-
sponsible for the administration of the County
District Court.
Reference Section 3.5.I.a.
b. There are no provisions for administrators
of the County District Court in each county.
The
trial court administrators of the Superior Court
virinages assist the assignment judges.
Reference
Section 3.5.1.b.
c. The clerk of the County District Court is
appointed by the presiding judge.
The clerk's
duties are determined by the judge or piesiding
judge of the court, the assignment judge of the
Superior Court, or the Administrative Director of
the Courts.
The clerk is responsible for the fol-
lowing duties:
supervising or assisting in the
supervision of clerical, bookkeeping and related
employees working for the court; interviewing,
selecting, disciplining, and dismissing staff
employees as required; training or assisting in the
training of newly hired employees; assisting in
budget preparation; preparing and following up on
purchase requisitions, personnel actions, and court
orders; receiving and acting upon complaints
regarding court operations; and assigning cases to
court calendar and notifying all persons involved.
[N.J.S.A. S2A:6-I6; Rules, R.1:34-2; Adminis-
trative Director of the Courts]
4.6.1 Rule-making.
Reference Section 1.6.
4.1.2
i.iNIENILE AND DOMESTIC RELATIONS COURT.
The
Juveni e and Domestic Relations Court holds one
term annually, commencing on the date fixed by the
Chief Justice.
[Rules, R.130-2]
4.2.2 Organization.
There is one Juvenile and
Domestic Relations Court in each county.
In
counties with more than one judge for the court,
the court sits in two divisions:
the Domestic
Relations Division and the Juvenile Division.
[N.J.S.A. S2A:4-4.2; Annual Report, p. xiii]
4.3.2 Jurisdiction
a. The Juvenile and Domestic Relations Court
has exclusive jurisdiction in juvenile delinquency
and dependency and neglect cases and exclusive
juris4ction over the child in child abuse cases.
These courts also have jurisdiction over domestic
relations matters, except divorce proceedings.
In counties with more than one judge as-
signed to the court, the court is dfvided into two
divisions, the juvenile division and the domestic
relations division, with the court's jurisdiction
divided between the two.
b. THe Juvenile and Domestic Relations.Court
has no appelliteintdsdiction.
[N.J.S.A. SS2A:4-18, .2A:4-46j
4.4.2 Judges .(33),
a. The Chief Justice designates a presiding
judge of each court to serve at his pleasure.
b. Juvenile and Domestic Relations Court judges
appointed after July 24, 1970, must have been ad-
mitted to the practiCe of law in New Jersey for at
lea5t10 yeirs.
c. iyvendlle and Domestic Relations Court judges
9
.
are appointed by the Governor with the advice and
consent of the Senate.
[N.J.S.A. SS2A:4-4, 2A:4-4(a), 2A:4-8; Rules,
R.1:33-1; Administrative Director of the Courts]
it
4.5.2 Administration
a. The presiding judges'of the courts have no
specifically articulated administrative duties.
The assignment judges of the Superior Court are
primarily responsible for the administration of the
Juvenile and Domestic Relations Court.
Reference
Section 3.5.1.a.
b. There are no provisions for administrators
for the Juvenile and Domestic Relations Court.
The
trial court administrators of the vicinage. assist
the assignment judges.
Reference Section 3.5.1.b.
c. The county clerk may serve as clerk of the
Juvenile and Domestic Relations Court, or the judge
may appoint a clerk.
The clerk's duties are deter-
mined by the judge of the court he serves, the
assignment judge, and the Administrative Director
of the Courts.
The clerk is responsible for the
following duties:
supervising or assisting cc: the
supervision of clerical, bookkeeping, and related
employees working for the court; interviewing,
selecting, disciplining, and dismissing staff
employees AS required; training or assisting in the
training of newly-hired employees; assisting in
budget preparavron; preparing and certifying
office payroll; preparing and following up on
purchase requisitions, personnel actions, and
court orders; receiving and acting upon complaints
regarding court operations; and assigning cases to
court calendar and notifying all persons invOlved.
[N.J.S.A. S2A:4-I2; Rules R.I:34-2; Adminis-
trative Director of the Courts]
4.6.2 Rule-making.
Reference Section 1.6.
4.1.3 SURROGATE'S COURT.
Surrogate's Court handles
uncontested probate matters.
Contested matters are
filed in the Superior Court.
[Office of the Administrative Director of the
Courts]
4.2.3 Organization.
One surrogate is elected in
each county.
There are no specialized divisions
of the court.
[Const. Art. 6, S2, f2; N.J.S.A. §2A:5-1]
4.3.3 Jurisdiction
tt.
a. Surrogates have jurisdictien in uncontested
probate matters.
b. Surrogates have no appellate jurisdiction.
[N.J.S.A. S2A:5-1; Rules, RI4:84-1(d)]
4.4.3 Surrogates (21)
a. Because each court has only one surrogate,
there are no presiding judges.
b. Each surrogate, before assuming office, must
secure a performance bond in a sum of between
415;000 and $50,000 as the need may appear.
c. Surrogates are elected to 5-year terms by
the voters of their respective counties at general
elections.
[Const., Art. 7, S2, 1r2; N.J.S.A. S2A:5-2]
4.5.3 Administration
a. There are no provisions for presiding judges
for the Surrogate's Court.
The assignment judges
of the-Superior Court are responsible for the
administration of the Surrogate's Court.
Reference
Section 3.5.1.a.
b. There are no provisions for administrators
for
e Stirrogate's Court.
The trial court admin-
istra
rs of the vicinages assist the assignment
judges.
ference Section 3.5.1.b.
c. The surrogate serves as his own clerk.
[N.J.S.A. S2A:5-1J
-340
4.6.3 Rule-making.
Reference Section 1.6.
4.1.4 MUNICIPAL COURT.
The Municipal Court holds
one term annually, commencing on the date fixed by
the Chief Justice.
[Rules, R.1:30-2]
4.2.4 Organization.
A Municipal Court may sit in
parts; if one part sitting in daily session has
bben designated as a Traffic Court, traffic
offenses are tried in this part only.
[Rules, R.7:6-5]
4.3.4 Jurisdiction
a. The Municipal Court has jurisdiction over
traffic offenses; minor criminal violations; ordi-
nance violations; probable cause hearings; fish,
game, and navigation proceedtmgs; and specified
crimes (where penalty does not exceed 1 year incar-
ceration or $1,000 fine) and offenses (where value
of property does not exceed $500), including some
crimes where indictment and trial by jury can be
waived.
The criminal jurisdiction of the Municipal
Court may be exercised concurrently with the County
District Courts.
Therefore, if an offense that
would normally be tried in a Municipal Court is
committed in a municipality that does not have such
a court, the County District Court has jurisdiction
to hear the case.
Enabling legislation exists to
allow Municipal Courts to have concurrent jurisdic-
tion with the County District Courts in law cases
where the amount in controversy does not exceed
$100.
The Supreme Court, however, has not autho-
rized this jurisdiction.
b. The Municipal Court has no appellate juris-
diction.
[N.J.S.A. WA:6-37, 2A:8-21, 2A:8-22, 2A:8-24;
New Jersey Municipal Court Manual, p. 8]
4.4.4 Judges (2 full-time, 370 part-time)
a. When there are two or more judges of the
Municipal Court, the governing body of the munici-
pality may designate one to be the presiding judge.
b. Municlpal Court judges must be residents and
attorneys'-at-law of New Jersey or persons holding
the office of Municipal Court magistrate, recorder,
police judge, or justice of the peace on January
1, 1952.
A Municipal Court judge who is an attor-
ney need not be a resident of the municipality or
municipalities to which the jurisdiction of the
court extends.
A nonattorney Municipal Court
judge, however, must be a resident thereof.
c. In municipalities governed by'a mayor-
council form of government, Municipal Court judges
are appointed by the mayor with the advice and con-
sent of the council.
If the municipality is
governed by borough law, the appointment is initi-
ated in the same manner, but if the mayor fails to
nominate someone within 30 days after the office
becomes vacant, or if the council fails to confirm
the nomination within 30 days after the nomination
is made, the council appoints the judge.
In all
other municipalities, the judges are appointed by
the governing body of the municipality.
Each judge
of a Municipal Court made up of two or more munici-
palities is nominated and appointed by the Governor
with the advice and consent of the Senate.
A Mu-
nicipal Court judge serves a term of 3 years from
the date of his appointment and until his successor
is appointed and qualified.
Any appointment to
fill a vacancy is made for the unexpired term only.
[N.J.S.A. SS2A:8-5, 2A:8-7, 40:86 to 94]
4.5.4 Administration
a. The presiding judges have.no specifically
articulated adminiitrative duties.
The assignment
judges of the Superior Court are primarily respon-
3 5 s
sible ,fof the administration of the Municipal
Court.
Reference Section 3.5.1.a.
b. There are no provisions for administrators
for the Municipal Court.
The trial court
administrators of the vicinages assist the assign-
ment judges.
Reference Section 3.5.1.b.
The governing body of the municipality may
provide, by ordinance or resolution, for a clerk
and other necessary clerical help and their compen-
sation.
Any municipal employee, except a police-..
man, may serve as clerk of the Municipal Court with
or without additional compensation.
Although their
appointment and compensation may be controlled by
the governing body, clerks of the Municipal Court
are responsible to the judge of the Municipal
Court, the assignment judge of the vicinage, and
the Administrative Director of the Courts.
Clerks
have responsibilities as determined by the court.
(N.J.S.A. S2A:8-13; Rules, R.1:34-2I
4.6.4 Rule-making., Reference Section 1.6.
4.1.5 TAX COURT.
The Tax Court sits in continuous
session.
fOtftse ,)t
the Administrative Director of the
Courtsi
4.2.5 Orgonization.
rhe Tax Court sits in Trenton,
Newark, and any other location that
is necessary
to accomodate taxpayer-litigants.
The court has a
Small Claims Division.
[N.J.S.A. SS2A:3A-2, 2A:3A-5I
4.3.5 Jurisdiction
a. The Tax Court has no true original jurisdic-
tion, as all matters before it represent an appeal
from a decision of the New Jersey Division of Tax-
ation in the Department of the Treasury.
The Small Claims Division hears cases where
the amount in controversy does not exceed $2,000.
b. The Tax Court has jurisdiction over all ap-
peals from the administrative Division of Taxation.
IN.J.S.A. SS2Af3A-3, 2A:3A-5I
4.4.5 Judges (9)
a. The Chief Justice selects one of the judges
of the court to be the presiding judge.
The pre-
siding judge serves at the pleasure of the Chief
Justice.
b. Tax Court judges must have 10 years experi-
ence in the practice of law in New Jersey and must
possess special qualifications, knowledge, and
experience in matters of taxation.
c. Tax Court judges are appointed by the
Governor with the advice and consent'of the Senate.
The appointments must be made so as to preserve a
bipartisan composition of the court.
The original
term of a judge is 7 years.
Upon reappointment,
judges serve until age 70 upon good behavior.
[N.J.S.A. S2A:3A-11 to S2A:3A-15; Administra-
tive Director of the Courts]
4.5.5 Administration
a. The presiding judge, subject to the super-
vision of the Chief Justice and the Administrative
Director ot the Courts, is responsfble for the
administration of the Tax Court.
h. Therp is no provision for an administrator
for the Tax Court.
Reference Section 5.2.b (state-
level administrator).
c. The clerk of the Tax Court is appointed by
the Supreme Court and is responsible to the pre-
siding judge of the Tax Court and the Administra-
tive Director of the Courts.
He has reeponsibili-
ties as determined by the court.
[N.J.S.A. SS2A.3A-14, 2A:3A-23; Rules R.
1:34-2]
4.6.5 Rule-making.
Reference Section 1.6.
State-Level Administration
5.1 General administrative authority.
The Chief
Justice of the Supreme Court is the administrative
head of all courts in the state.
Reference Section
1.5.a.
[Const., Art. 6, S7, gl; Rules, R.1:33-1I
5.2 Administrative Office of the Courts
a. The Administrative Office of the Courts is
statutorily authorized.
b. Administrative Director of the Courts
(1) This position is constitutionally
authorized.
(2) The Administrative Director must be, and
must have been for not less than 3 years immediate-
ly prior to fIL appointment, a bona fide resident
of New Jersey.
The Administrative Director is
selected by and serves at the pleasure of the Chief
Justice.
(3) The Administrative Director of the
Courts is statutorily empowered to perform the
following functions, subject to the direction of
the Chief Justice:
(a) Examine administrative methods,
systems, and activities of the judges, clerks,
stenographers, and employees of the courts and
their offices and make recommendations to the Chief
Justice with respect thereto.
(b) Examine the state of the dockets of
the courts, secure information as to their needs,
prepare statistical data and reports of court
business, and advise the Chief'Justice with
respect thereto.
(c) Prepare and submit budget estimates
of state appropriations necessary for the mainte-
nance and operation of the courts and make recom-
mendations with respect thereto.
(d) File requests for appropriations or
permission to spend as request officer for the
Supreme and Superior Courts and, as approval
officer, approve and sign all encumbrance requests
and statements of indebtedness on behalf of said
courts.
(e) Make necessary arrangements for
accommodations for the use of the Supreme and Supe-
rior Courts and clerks thereof and for the purchase'
and distribution of equipment and supplies fot
these courts and clerks.
(f) Collect statistical data and make
reports relating to the expenditures of public
Monies, state, county, and municipal, for the
maintenance of the courts and offices related
thereto.
(g) Examine the operation of the
courts, investigate complaints with respect there7
to, and submit recommendations for Ihe improvement
thereof to the Chia Justice.
(h) Act as secretary of the Judicial
Conference (reference Table 29:
Judicial councils
and conferences).
(1) Attend to such other matters as may
be assigned by'the Chief Justice.
c. Office organization.
The Administritive
Office of the Courts consists of 224 people:
75
professionals (including the Administrative Direc-
tor of the Coatts) and 149 clerical personnel.
The
office provides administrative assistance in three
main areas:
legal services to the courts and bar,
coordination of probation services, and fiscal man-
agement for the state judiciery.
It is organized
341 359
,
12
Ass lanes nt
Judges
I12
12
Trial Court
Ad ministrators
'
1
Trial Court
Clerks end Staff
I
21
County Probation
Departments
Clett
Superior Court
Figure 2:
New Jersey state-level administrative office of the courts, 1980
Chief,
Loternal
Control I
and Audit
Adninistrative
Director
Assistant
Director
Probation
Services
.111,==...=11.
Chief,
Probation
Administrative
MmPagilment
System
Chief
Pretrial
Services
Chief'
Probation
Training
Deputy
Director
11111Mr
Aasistant
Assistant
Assistant
Director
Assistent
Director
Administrative
Ethics
Director
Crieinal
Director
Professional
Management
Practice
Services
Services
Chief
aurt Report
Services
Chief
Criminal
Courts
Services
Chief
Juvenile and
in:mastic
Relations
Seryfces
Chief
Municipal
Court
Services
"M.
cc.
Chief
Court
Plannina
Services
Chief
Judicial
Education
Chief
Leaal
Research and
legislation
Direct supervisory responsibility
Supervisory responsibility on behalf of
Chief Justice and/o; Supreme Court
.00411,
Chief
Personnel
Officer
Chief
Fiscal
Officmr
Chief
Purehasing,
'
Property, and
Office
Services
1
Clerk
Supreme Court
"T
LI
_I
Clerk
Appellate
Incision
... ..
PresidinigJudge
Appellste
Division
------
Chief
Judicial
Information
Services
Chief
Trust and
Special
Funds
Chief
Statistical
Services
Chief
Judicial
Management
Information
Systems
Assistant
Director
Civil
Practice
Chief
Civil Court
Services
11
Director
Applied
Research
Special
Projects
Chief
Library
Project
Project
Services
,
Director
Director
.
Sentence
Court
Disparity
Unification
into three divisions for the handling of matters
relating to criminal practice, civil practice, and
administration.
The office provides in-service
txaining for judges and supporting personnel, as
well as staff assistance to the several standing
and special committees appointed by the Supreme
Court, and serves as secretariat for judicial con-
ferences.
It also gathers and interprets informa-
tion concerning the status of litigation in the
state courts, recommends adjustments to alleviate
court congestion and prepares projections for the
future needs of the judicial system.
The Adminis-
trative Office of the Courts directs a number of
federally funded programs including a special Ap-
pellate Staff Project, a Judicial Management
Information System, Probation Research and Develop-
ment, and Judicial Education.
Recording services
of the courts are also provided through court
reporters and sound recording equipment.
[Const., Art. 6, S7, gl; N.J.S.A. SS2A112-1,
2A:12-3; Criminal Justice Plan for New Jersey,
p.
9; State Court Administrators, p. 76]
Quasi-Judicial Officers
6.1.1 SUPERIOR COURT
6.2.1 Special masters
a. Special masters are appointed by Superior
Court judges with the consent of the Chief Justice
and serve at the discretion of the appointing
judge.
b. Special masters have the power to regulate
all proceedings in every hearing before them, to
pass on the admissibility of evidence, and to do
all the acts necessary to perform their duties un-
der the order of the appointing judge.
6.1.2 SUPERIOR COURT
6.2.2 Surrogates
a. Reference Section 4.4.3.
b. Reference Section 4.3.3.
[Rules, R.441-1, R.4:41-31
Judicial Discipline
7.1 Advisory Committee on Judicial Conduct.
The
committee consists of nine members.
At least two
members must be retired justices or judges of the
Supreme Court, or Superior Court; not less than
three members must be members of the bar, and not
more than four members must be laymen who do not
hold public office of any nature.
The members ars
343
appointed by the Supreme Court.
Membership on the
committee terminates if a member is appointed or
elected to public office or to any position con-
sidered by the court to be incompatible with such
service.
[Rules, R.2:15-2]
7.2 Authority and procedure for sanction.
The
Advisory Committee on Judicial Conduct is autho-
rized by statute and court rule.
Upon receiving a
complaint alleging facts indicating:
(1) miscon-
duct in office, (2) willful failure to perform his
duties, (3) incompetence, (4) habitual intemper-
ance, (5) participation in partisan policies, (6)
conduct prejudicial to the administration of jus-
tice that brings the judicial office into dis-
repute, or (7) mental or physical disability of a
judge that is disabling him and may continue to
disable him indefinitely or permanently from the
pertormance of his duties, the committee conducts
a preliminary investigation.
The committee may,
however, also conduct a preliminary investigation
without receiving a complaint.
If the judge has
not been made aware of the complaint, the committee
in its discretion may notify him.
If preliminary
investigation indicates further inquiry is desir-
1
able, the committee, if n cessary, orders the com-
plainant to file a verifi
complaint and notify
the judge of the relevant
nformation and the right
to appear before the committee.
Upon completion
of the preliminary investigation, the committee
may:
(1) dismiss the charges, (2) issue an
explanation if the judge was charged mistakenly and
the matter was made public, or (3) request the
judge to informally discuss the matter.
Whenever
the committee concludes thAt the circumstances, if
established at
ta plenary hearing, may call for
censure, suspension, or removal of the judge, the
committee files a copy of such a recommendation
with the clerk of the. Supreme Court and advises the
judge involved of such action.
If the Supreme
Court determines that the committee recommendation
should be adopted, it may issue the appropriate
complaint and the matter proceeds in accordance
with the procedures outlined in the removal stat-
ute, N.J.S.A. 2A:1B-1 et. seq.
The filing of
papers with, or the giving of testimony before the
committee or before the Supreme Court, if a formal
complaint is issued, is privileged in any action
for defamation.
No other publication of such
papers or proceedings is so privileged except the
record filed by the committee in the Supreme Court.
[Rules, R.2:15-8 to R.2:15-12, R.2:15-14,
R.2:15-16]
3C1
Figure 1:
New Mexico court system, 1980
Death penalty,
life imprison-
ment.
Most
civil cases.
SUPREME COURT
5 justices
Jurisdiction:
- Civil cases where jurisdiction is not
specifically vested in Court of Appeals.
Appeals from criminal cases imposing
death penalty or life imprisonment.
- Certiorari review of Court of Appeals
decisions, and cases certified to it by
the Court of Appeals.
COURT OF APPEALS
7 judges
Jurisdiction.
- Appellate jurisdiction over most criminal
cases and specific type, of civil appeals
(those not within Supreme Court
jurisdiction).
Direct appeals from certein state
agencies.
DISTRICT COURT (13)
44 judges
DISTRICT coURT
CHILDREN'S COURT
FAMILY COIMT DIVISION
Jurisdiction
DIVISION
Jurisdiation'
General civil
lurisdic-
lion, probate, right
Jurisdiction
Exclusive juvenile
- Domestic relations,
mental health of
of executorship, and
siministiscion.
Wisdiction,
adult., adoption and
guardianship of
Exclusive felony
adults, adult of-
Rarisdiction.
fenoes against
children.
- Exclusive juvenile
jurisdiction.
Appeals de novo.
Jury trials.
MAGISTKATE COURt (32)
11 full-tame, 61 part-tame judges
Jurisdiction.
- Civil actions under $2,000.
- Preliminary hearings.
Misdemeanors
and other criminal with fine less
than $1,000, sentence leas than
1
Year.
MNICIPAL COURT (96)
9h judges
Jurisdiction
- Municipal ordinance violations with
fines less than $300 and/or
sentences less than 90 days.
- Campus traffic violaions.
PRORATE COURT (32)
32 judges
Jurisdiction
Exclusive original jurisdiction over
guardianship and formal administra-
tion.
Concurrent jurisdiction with
District Court in probate matters.
METROPOLITAN COURT OF BERNAL1LLO Comm
11 judges
Jurisdiction'
Civil actions under $5,000.
- Misdemeanors and other criminal
matters with fines less than $1,000
and sentences less than
1
year.
Preliminary hearings.
(Court. established 7/1/130)
SMALL CLAIMS COURT OF ALBUQUERQUE
1
judge
Jurisdiction
- Civil actions under $2,000, involving
real estate matters.
County ordinance violations.
(Court abolished 7/1/B0)
ItIndicates route of appeal.
344 32
SEIM.
MOM.
Court of
last
resort
Intermediate
appellate
court
Court of
general
jurisdiction
Courts of
limited
jurisdiction
NEW MEXICO
Court of Last Resort
1.1 SUPREME COURT.
The court sits in Santa Fe and
holds one term each year commencing on the second
Wednesday in January.
It sits in continuous ses-
sion but may recess as it deems proper.
[Constitution of New Mexico, Article VI, Sec-
tion 7)
1.2 Organization.
The Supreme Court does not sit
in panels or divisions.
1.3 Jurisdiction
a. The Supreme Court has original jurisdiction
in quo warranto and mandamus against all state of-
ficers, boards, and commissions; in the issuance
of writs of habeas corpus; and in the iisuance,
hearing, and determination of extraordinary writs
neceesary for the complete exercise of its juris-
diction.
The court also has jurisdiction over mat-
ters involving the admission, discipline, and dis-
barment of attorneys in New Mexico.
b. The Supreme Court has appellate jurisdiction
over District Court decisions imposing a death pen-
alty or life imprisonment; all cases where respon-
sibility is not vested in the Court of Appeals;
final judgments brought by writ of certiorari from
the Court of Appeals; and cases certified to it by
the Court of Appeals.
[Const., Art. VI, 112, 3; New Mexico Statutes
Annotated (hereinafter N.M.S.A.) Sections
34-5-14, 36-2-11
1.4 Justices (5)
a. The Chief Justice is elected to a 2-year
term by peer vote.
b. Supreme Court justices must be at least 30
years of age, must be learned in the law, and must
have been members of the bar and residents of the
state for at least 3 years.
(Supreme Court jus-
tices may substitute service in the District Court
for part of the 3 years of law practice).
c. Supreme Court justices are elected to 8-ye4r
terms by the voters of the state on partisan bal-
lots.
The Governor fills vacancies by appointment
and the appointee holds office until the next gen-
eral election.
The newly elected justice then
serves until the expiration of the original term.
[Const., Art. VI, 114, 8, Art. XX, 14; N.M.S.A.
134-2-1]
1.5 Administration
a. The Chief Justice is considered the head of
the judicial branch of the state.
He exercises ad-
ministration and supervision over the entire court
system through the Director of the Administrative
Office of the Courts, the chief judge of the Court
of Appeals, the presiding judges of the District
Court, the court administrator of the 2nd Judicial
District, and the presiding magistrates of the Mag-
istrate Court., Reference Section 5.1 (General ad-
ministrative authority).
The Chief Justice, how-
ever, has no specific administrative duties with
regard to the Supreme Court.
345
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The clerk is appointed by the Supreme Court.
He is responsible for the following duties:
dock-
eting, record keeping, calendaring, supervising
staff, and other duties as determined by the court.
There are no formal provisions for assigning admin-
istrative duties to the clerk.
[Const., Art. VI, 19; N.M.S.A. 138-1-17]
1.6 Rule-making.
The court prescribes rules to
regulate pleadings, -practice, and procedure in all
courts of the state.
These rules become effective
30 days after distribution to the members of the
state bar and all applicants.
There are no formal
provisions for legislative review and suggestions.
The court has superintending control over all
courts.
[Const., Art. VI, 13; N.M.S.A. 138-1-1; Di-
rector of the Ade,inistrative Office of the
Courts]
Intermediate Appellate Court
2.1 COURT OF APPEALS.
The Court of Appeals sits
in continuous session.
The coort's headquarters
are in Santa Fe, but it can convene anywhere in the
state.
[N.M.S.A. 134-5-7]
2.2 Organization.
The Court of Appeals does not
sit in panels.
There is a Prehearing Division of
the court that screens appeals at various stages
of the appellate process.
[1975 New Mexico Annual Report, p. 21]
2.3 Jurisdiction
a. The Court of Appeals has no original juris-
diction.
b. The Court of Appeals has appellate jurisdic-
tion over any criminal action or postconviction
remedy proceeding, except those in which a judgment
of the District Court imposes a sentence of death
or life imprisonment; any action in violation of
municipal or county ordinance where a fine or im-
prisonment is imposed; any tort action; decisions
of administrative agencies of the state, where pro-
vided by law; and all actions under the Workmen's
Compensation Act, the Subsequent Injury Act, the
New Mexico Occupational Disease Disablement Law,
and the Federal Employer's Liability Act.
[Const., Art. VI, 129; N.M.S.A. 134-5-81
2.4 Jud es (7)
a. The chief judge is elected to a 2-year term
by peer vote.
b. Court of Appeals judges must meet the same
qualifications as Supreme Court justices.
Refer-
ence-Section 1.4.b.
c. Court of Appeals judges are selected in the
same manner and for the same term as Supreme Court
justices.
Reference Section 1.4.c.
[N.M.S.A. 134-5-2; Director of the Administra-
tive Office of the Courts]
31';
2.5 Administration
3.5 Administration
a. Thor. is no statutory provision for adminis-
a. Whereas there is no provision for a chief
-
trative authority for the chief judge.
judge over all the districts of the District Court,
b. There is no provision for an administrator
there are presiding judges of multi-judge dis-
for the Court of Appeals.
Reference Section 5.2.b
tricts.
There are no statutory provisions for ad-
(state-level administrator).
ministrative authority for the presiding judges of
c. The clerk is appointed by the court.
He is
the districts.
In practice, the presiding judge
responsible for the following dunes:
docketing,
acts as pokesperson for the judges of the dis-
record keeping, calendaring, supervising staff, and
trict; supervises the implementation of the policy
other duties as determined by the court.
There are
decisions reached by the district judges; acts as
no formal provisions for assigning administrative
the liaison agent with other government agencies;
duties to the clerk.
supervises the preparation of the budget; super-
IN.M.S.A. 134-5-5; Director of the Administra-
vises the District Court clerk's office an4 gener-
tive Office of the Courts]
ally deals with tfte daily running of the specific
2.6 Rule-making.
Supreme Court rules apply, where
District Court.
pertinent, in the Court of Appeals.
b. There is no provision for an administrator
(N.M.S.A. 138-1-1]
over all the districts of the District Court.
Only
the 2nd Judicial District in Alburquerque is autho-
Court of General Jurisdiction
rized to have a court administrator.
The adminis-
trator is selected by the judges of the district
3.1 DISTRICT COURT.
The Dtstrict Court sits in
with the approval of the Supreme Court and the Di-
continuous session.
rector of the Administrative Office of the Courts.
[N.M.S.A. 134-6-2]
This person is responsible for organizing, direct-
1.2 Organization.
There are 13 multi-county judi-
tng, coordinating, and supervising the activities
cial districts in the state's 32 counties.
There
of subordinates engaged in processing all 2nd Judi-
are two specialized divisions, the Children's Court
cial District Court cases.
Reference Section
Division and the Family Court Division, either of
5.2.b (state-level administrator).
which can be established by the court.
c. Clerks are appointed by the court.
They are
[N.M.S.A. 1132-1-4, 34-6-1]
responsible for the following duties:
docketing,
3.3 Jurisdiction
record keeping, calendaring, supervising staff, and
a. The District Court has exclusive jurisdic-
othek duttes as determined by the court.
There are
tion in all matters and causes not excepted in the
no formal provistons for assigning administrative
state constitution, and over other cases as provid-
duties to the clerks.
ed by law such as all juvenile and domestic rela-
[N.M.S.A. 134-6-19; New Mexico Judicial System
tions proceedings.
The court can issue writs in
Personnel Plan, #9259; Admtnistrative Assistant
the exercise of its jurisdiction and may also nat-
to the Chief Justice; Administrative Office of
uralize persons in atcordance with United States
the Courts]
law.
The District Court has concurrent jurisdic-
3.6 Rule-making.
Each District Court may make the
tion with the Probate Court over probate matters.
rules for its district, provided they are consis-
The Children's Court Division has exclusive
tent with Supreme Court rules.
Copies of such
jurtsdiction in all matters relating to juveniles.
rules must be furnished to the Supreme Court.
A District Court may establish a Family Court
District Courts may adopt rules of administration,
Diviston in lieu of the Children's Court.
The Fam-
provided they are consistent with statutes, Su-
ily Court has the same jurisdiction as Children's
preme Court rules, and regulations of the Adminis-
Court plus exclusive jurisdiction over the follow-
trative Office of the Courts.
ing:
incompetency or insanity of adults; appoint-
[N.M.S.A. 134-6-28; Rule 83, New Mexico Rules
ment of guardians for, and adoption of adults; of-
of Civil Procedure]
fenses committed against a child by an adult; and
domestic relattons matters.
Courts of Limited or Special Jurisdiction
b. The District Court has appellate jurisdic-
tion in all cases originating in courts of limited
Effective July 1, 1980 the Metropolitan Court
jOrisdiction in its respective districts.
of Bernallilo County will be established.
It will
[Const., Art. VI, 113; N.M.S.A. 1132-1-4,
be a consolidation of the Magistrate, Municipal,
32-1-9, 32-1-10, 45-1-302.11
and Small Claims Courts in that county.
3.4 Judges (44).
There is no standard formula for
[N.M.S.A. 134-8A-1]
the number of judges per district.
a. There i no provision for a chief judge over
4.1.1 MAGISTRATE COURT.
Terms of court vary ac-
all the districts of the District Court; however,
cord:ig to community needs.
there are presiding judges of multi-judge dis-
'[Administrative Office of the Courts]
tricts.
in the multi-judge districts each judge
4.2.1 Organization.
Each of the tate's 32
is designated a divisiom and the presiding judge
counties is designated a Magistrate Court district.
of division number one is the presiding judge,
Where thie is more then one magistrate in a dis-
unless otherwise designated by District Court rule.
trict, each magistrate's office is designated as a
b. District Court judges must meet the same
division of the court.
The number of divisions
qualifteations as Supreme Court justices.
Refer-
ranges from one to five.
ence Section 1.4.b.
Each district judge must also
IN.M.S.A. 1135-1-2, 35-1-3, 35-1-5 to 35-1-351
reside in his judicial district.
4.3.1 Jurisdiction
c. District Court judges are elected to 6-year
a. The Magistrate Court has concurrent original
terms by the voters of the districts on partisan
jurisdiction with the Small Claims Court of Albur-
()Allots.
querque in civil actions involving a dollar amount
[Const., Art. VI, 1112, 14; N.M.S.A. 1134-6-4
up to $2,000, except where prohibited by law.
In
to 34-6-16, 34-6-18; Director of the Adminis-
criminal actions, jurisdtction is limited to mis-
trative Office of the Courts]
demeanors and any other criminal action where jur-
.,
isdiction is specifically granted by law.
346
364
b. The Magistrate Court has no appellate juris-
diction.
(N.M.S.A. 1135-3-3, 35-3-41
4.4.1 Judges (78).
There is no standard formula
for the number of magistrates per district.
a. Presiding magistrates are designated by the
Director of the Administrative Office of the
Courts, when two or more divisions act as a single
court.
b. Magistrates must be qualified voters and
residents of their districts and have'a high school
or equivalent education.
In districts having a
population of 100,000 or more, they must also be
members of the bar and be licensed to practice law
in the state.
c. Magistrates are elected to 4-year terms by
the voters of their respective Magistrate Court
districts on partisan ballots.
[N.M.S.A. 1135-1-2 to 35-1-35, 35-1-37, 35-2-1;
Director of the Administrative Office of the
Courts]
4.5.1 Administration
a. Presiding magistrates have no original ad-
ministrative authority.
It rests with the Adminis-
trative Office of the Courts.
b. There are no provisions for administrators
for the Magistrate -Court.
Reference Section 5.2.b
(state-level administrator).
c. Magistrate clerks are selected by the magis-
trate or presiding magistrate and employed by the
Administrative Office of the Courts.
They are
responsible for the following duties:
docketing,
record keeping, calendaring, supervising staff, and.
other duties as determined by the court.
[N.M.S.A. 1135-7-1, 35-7-10; Director of the
Administrative Office of the Courts!
4.6.1 Rule-making.
All procedural rule-making
power is vested in the Supreme Court.
Reference
Section 1.6.
[N.M.S.A. 135-7-12]
4.1.2 MUNICIPAL COURT.
Terms of court viry ac-
cording to community needs.
[Administrative Office of the Courts]
4.2.2 Organization.
The need for divisions of the
court is locally determined.
4.3.2 Jurisdiction
a. The Municipal Court has exclusive jurisdic-
tion over all municipal ordinance violations.
They
can also adjudicate violations of campus traffic
regulations upon written agreement between the
university Board of Regents and the governing body
of the adjacent municipaliSy.
The court has the
power to issue subpoenas and warrants and to punish
for contempt.
b. The Municipal Court has no appellate juris-
diction.
[N.M.S.A. 135-14-2]
4.4.2 Judges (96).
Municipalities with populations
of less than 50,000 can only have one judge.
In
municipalities of 50,000 or more, additional judges
can be elected if the municipal governing body de-
termines that the workload requires it.
a. The Municipal Court does not have presiding
judges.
b. MUnicipal Court judges must meet qualifica-
tions established by local ordinance.
c. Municipal Court judges are elected to 4-year
terms by the voters of the municipalities on parti-
san ballots.
[N.M.S.A. 1135-14-3, 35-14-4; Director of the
Administrative Office of the Courts]
4.5.2 Administration
a. There are no provisions for presiding judges
for the MUnicipal Court.
b. There are no provisions for administrators
for the Municipal Court.
Reference Section 5.2.b
(state-level administrator).
c. Selection procedures for Municipal Court
clerks are locally determined.
They are respon-
sible for the following duties:
docketing, record
keeping, calendaring, supervising staff, and other
duties as-determined by the court.
There are no
formal provisions for assigning administrative
duties to the clerks.
4.6.2 Rule-making..
The municipal judges exercise
rule-making power for their own courts.
These pro-
cedures must be consistent with state laws.
[MUnicipal Court Rules, Rule 381
4.1.3 PROBATE COURT.
The Probate Court sits-in
continuous session.
[N.M.S.A. 134-7-8]
4.2.3 Organization.
There is a Probate Court in
each of the state°. 32 counties.
[N.M.S.A. 1134-7-2, 34-7-4]
4.3.3 Jurisdiction
a. The Probate Court has concurrent jurisdic-
tion with the District Court in all probate mat-
ters.
b. The Probate Court has no appellate jurisdic-
tion.
[N.M.S.A. 145-1-302]
4.4.3 Judges (32).
Statutes presently provide for
one judge in each county.
a. TheIhrobate Court does not have presiding
judges.
b. Probate Court judges must meet the same
qualifications as public officials within their
respective counties.
Public officials must have
been state residents for 1 year, and must be United
States citizens.
Any other qualifications are
locally determined.
c. Probate Court judges are elected to 2-year
terms by the voters of the counties on partisan
ballots.
After serving two consecutive terms they
are ineligible to hold any county office for 2
years.
[Const., Art. VI, 123, Art VII, 12, Art X, 42;
N.M.S.A. 1110-1-6, 34-7-2]
4.5.3 Administration
a. There are no provisions for presiding judges
for the Probate Court.
b. There are no provisions for administrators
for the Probate Court.
Reference Section 5.2.b
(state-level administrator).
c. The elected county clerks serve as the Pro-
bate Court clerks.
[gonst., Art. VI, 123]
4.6.31ule-making.
Judges of the Probate Court
have full power and authority to make and publish
rules and orders regulatingthe business and prac-
tice of their court",
These rules and orders must
be consistent with state law.
[N.M.S.A. 134-7-131
4.1.4 SMALL CLAIMS COURT OF ALBURQUERQUE.
The
Small Claims Court of Alburquerque sits in continu-
ous session.
[N.M.S.A. 134-8-10(D)]
4.2.4 Organization. . A Small Claims Court can only
be established in counties of 100,000 population
or more.
There are no specialized divisions of the
court.
[N.M.S.A. 134-8-1]
347
...
4.3.4. Jurisdiction.
Effective 7/1/80, this court
will be abolished.
Jurisdiction previously exer-
cised by this court will be incorporated in the
Metropolitan Court of ternalillo County, to be
created on that date.
a. The Small Claims Court of Albuquerque can
conduct preliminary examinations in criminal cases
and has concurrent jurisdiction wich the Magistrate
Court in matters involving violations of county
ordinances.
The court also has concurrent juris-
diction with the Magistrate Court in civil actions
involving a dollar amount less than $2,000.
b. The Small Claims Court has no appellate ju-
risdiction.
ttiviCS.A. S34-8-1]
4.4.4 Judges (1)
a. The Small Claims Court does not have pre-
siding judges.
b. Small Claims Colirt judges-must be at least
25 years old; must be members of the New Mexico
Bar, and must be licensed to practice law in the
state.
They ust also have resided in the county
and have practiced law for at least 2 years.
c. Small Claims Court judges are elected to
4-year terms by the voters on partisan ballots.
[N.M.S.A. S34-8-2]
4.5.4.Administration
a. There are no provisions for presiding judges
for the Small Claims Court of Albuquerque.
b. There are no provisions for administrators
for the Small Claims Court.
Reference Section
5.2.b (state-level administrator).
c. The Small Claims Court judge appoints his
clerk.
The clerk is responsible for the following
duties:
docketing, recordkeeping, calendaring,
staff supervision, and other duties as determined
by the court.
There are no formal provisions for
assigning administrative duties to the clerk.
ft.M.S.A. S16-5-4]
4.6.4. Rule-making.
Judges of the Small Claims
Court of Albuquerque can make rules and orders
that are consistent with state law to regulate the
business and practice of their courts.
In civil
cases, the Rules of Civil Procedure for the Dis-
trict Courts govern.
[N.M.S.A. S34-8-101
4.1.5 METROPOLITAN COURT (Bernalillo County)
(Information not available)
4.2.5 Organization.
(Information not available)
4.3.5
Jurisdiction
a. The Metropolitan Court of Bernalillo County
has jurisdiction over civil actions $5,000 and
under, misdemeanors, other criminal with fines less
than $1,000 and sentenclleis than one year, and
preliminary hearings.
b. The Metropolitan Court of Bernalillo County
has no appellate jurisdiction.
[Director of the Administrative Office of the
Courts]
4.4.5 Judges (11)
a. There are provisions for a presiding judge
of the Metropolitan Court.
b. Metropolitan Court Judges ust be members
of the New Mexico Bar and must b. licensed to
practice law in the state.
c. The.magistrates of the Magistrate Court and
the judges of the Small Claims Court and any Muni-
cipal Court shall continue to hold their offices
as metropolitan judges of the Metropolitan Court
for the balance of the terms for which they were
e lected or appointed.
Thereafter, Metropolitan
Court judges shall be elected in the same manner
as magistrates (reference section 4.4.1.c).
The
Governor shall fill vacancies in the office of
metropolitan judge
by appointment until the next
general election.
4.5.5 Administration
a. (Information not available).
b. The judges of the Metropolitan Court may
e lect or employ on an annual basis a metropolitan
court administrator who is responsible for super-
vising all matters relating to the administration
of the Metropolitan Court.
c. (Information not available).
4.6.5 Rulemaking.
(Information not available)
State-Level Administration
5.1 General administrative authority.
The Chief
Justice is considered the head of the judicial
branch of the state.
The Supreme Court has super-
intending authority over all courts in the state.
Reference Section 1.5.a.
5.2 The Administrative Office of the Courts
a. The Administrative Office of the Courts is
statutorily authorized.
b. Director of the Administrative Office of the
Courts
(1) The position is tatutorily authorized.
(2) There are no statutory qualifications
for the position.
The Director is selected by the
Supreme Court.
(3) The duties of the Director, which are
performed for the Supreme Court, Court of Appeals,
District, Magistrate, and Probate Courts include
the following:
supervising administrative matters;
preparing an annual report of court business and
activities of the Administrative Office of the
Courts and submitting it with recommendations to
the Supreme Court and the legislature; receiving,
adjusting, and approving state-supported court
budgets; appointing and removing necessary employ-
ees, with Supreme Court approval; and prescribing
uniform records and forms procedures for the
courts.
c. Office organization.
The Administrative Of-
fice of the Courts has a staff of 32 positions, and
is organized into two operational and four staff
sections:
Accounting Division, Magistrate Services
Division, Judicial Planning and Training Section,
Management and Systems Analysis Section, Budget and
Personnel Section, and Internal Audit Section.
Twelve of the 32 positions are employed within the
Accounting Division, which handles budget expendi-
tures for the Adminisitstive Office and Supreme
Court Building Commission, and receives revenUes
generated by traffic citations (penalty assess-
ments) and the 32 Magistrate Courts.
The Magis-
trate Services Division is responsible for plan-
ning, formulating, and implementing administrative
progrgms for the magistrate judges.
This includes
the review of statutory responsibilities, present
and proposed systems and procedures, and judicial
rulings and regulations.
The staff sections study
judicial prganizational structures systems, and
methods for the purpose of recommending changes
deemed advisable for the improved functioning of
the Appellate, District, and Magistrate Courts.
[Const., Art. VI, S3; N.M.S.A. SS34-9-1 to
34-9-3, 34-9-7, 34-9-8, 38-1-17]
348
3 r)
Figur* 2: Nw Mexico stat-level administrative office of the courts, 1980
Director of the
'Administrative
Office of the
Courts
Staff
Operations
Deputy
Director
Personnel
relocation,
Training, and
Public
Information
Court Services
Systems
Development
Statistical
Analysie
Administrative
Services
Chief
Program
Design and
Monitoring
I
Secretarial
Suppnrt
Operations
Purchasing
and Property
Control
-I
Revenue
Control
.._iDat
Co I lect ion]
349
3C7
Financial
Control
Accounting
H
Payroll
HVouchering
Quasi-Judicial Officers
6.1 DISTLICT COURT
6.2 Special masters (referee, auditor, examiner)
a. District Courts select and utilize special
masters (referees, auditors, exaainers).
Assign-
ment and removal are by the court.
In practice,
special masters must be members of the bar and
practicing attorneys.
b. Masters should be referred to only in excep-
tional cases.
Subject to the limitations of the
order of reference, masters can regulate all pro-
ceedings in every hearing before them and take all
measures necessary and proper for the efficient
performance of their duties.
[Supreme Court Rule 53(a), (b), (c),
Judicial Discipline
7.1 Judicial Standards Commission.
The coemission
is composed of nine perAns as follows:
two jus-
tices of the Supreme Court or judges of the Court
of Appeals or District Court appointed by the Su-
preme Court; two attorneys appointed by a majority
vote of all members of the Board of Commissioners
of the State Bar of New Mexico, and five citizens,
not licensed attorneys or justices, judges, or mag-
istrates, appointed by the Governor.
[Const., Art. VI, S32; N.M.S.A. S34-10-11
7.2 Authority and procedure for sanction.
The com-
mission, after hearings and investigations it deems
necessary, makes recommendations for discipline or
removal of justices and judges to the Supreme
Court.
The Supreme Court reviews the record, can
permit the introduction of additional evidence, and
accepts or rejects the commission's recommenda-
tions.
[Const., Art VI, S321
3 C S
350
NEW YORK
Court of Last Resort
1.1 COUIT OF APPEALS.
The court sits in Albany,
and thi pumber, commencement date, and length of
its terms are designated at its discretion each
year.
[Judiciary Law, Sections 54, 60; Chief Adminis-
trator of the Courts)
. 1.2 Organization.
The court consists of seven
judges.
Five members of the court constitute a
quorum.
If the caseload requires, the Governor may
designate up to four justices of the Supreme Court
to sit temporarily on the Court of Appeals.
[Constitution, Article VI, Section 21
1.3 Jurisdiction
a. The Court of Appeals has no original juris-
diction.
b. The Court of Appeals has appellate jurisdic-
tion constitutionally limited to review of ques-
tions of law, except in criminal cases in which the
judgment is a death penalty (deleted October 10,
1980) or cases in which the Appellate Diviaion, in
revising or modifying a final or interlocutory
judgment or order, finds new facts and a final
judgment or order i& entered pursuant to that find-
ing.
Direct a6peals to the Court of,Appeals from
the trial courts are permitted whin the death pen-
/ i&lty is imposed and in civil cases when the only
question is the constitutionality of a state or
federal statute.
The constitution provides that
certain types of cases may be taken to the court
as a matter of right, while others may be taken
only with the leavelef a justice of the Appellate
ion or a judge
the Court of Appeals or upon
c rtification of the
ellate Division or the
urt of Appeals.
[Const., Art. VI, S
,
Chief Administrator of
the Courts)
Jurisdiction added October 6, 1980:
All
appeals from the Appellate Divisions of the Su-
preme Court, and appeals in criminal cases
from the
Appellate Terms of the Supreme Court And from the
County Courts when the County Courts act as inter-
mediate appellate courts, are taken to the Court
of Appeals.
The Court of Appeals also reviews all
determinations of the Commission on Judicial Con-
duct.
Reference Section 7.1.
[Corfu., Art. VI, S221
1.4 Judges (7)
*a. The Chief Judge is selected for a 14-year
term based on the State of New York's merit selec-
tion ystem.
gee subheading c. below.
b. Court of Appeals judges must have been ad-
mitted to the practice of law in the state for at
least 10 years prior to assuming office.
c. Court of Appeals judges are appointed
by the
Governor, with the advice and consent of the Sen-
ate, from a list of persons found to.be well quer-
ified and recommended by a Judicial Nominating Com-
3'51
mission (reference Table 12:
Characteristics of
judicial nominating commissions).
Vacancies &re
filled in the-same manner.
Court of Appeals judges
are selected for 14-year terms based on the State
of New York's merit selection system.
There are
no provisions for retention elections.
[Const., Art. VI, 412, 20; Judiciary Law 161-
S68)
1.5-.Administration
a. The Chief Judge of the Court of Appeals is
the Chief Judge of the State of New York and is the
chief judicial officer of the unified court system.
The administrative power is vested in the Chtef
Judge.
There is an Administrative Board of the
Courts which consists of the Chief Judge of the
Cokitt of Appeals as chairman and the presiding
justice of the Appellate Division of the Supreme
Court in each juOicial department.
The Chief
Judge, after consultation with the Administrative
Board, establishes standards and jdministrative
policies for general application throughout the
state, which are ubmitted by the Chief Judge to
the Court of Appeals, together with the recommenda-
tions, if any, of the Administrative Board.
Such
standards and administrative policies are promul-
gated after approval by the Court of Appeals.
The
Chief Judge, with the advice and consent of the Ad-
ministrative Board of the Courts, appoints a Chief
Administrator of the Courts who serves at his
pleasure.
If the appointed administrator im a
justice or judge, his title is Chief Administrative
Judge.
The Chief Admini/trator, on behalf of the
Chief Judge, supervises the administration and
operation of the unified court system.
In the
exeicise of such responsibility, the Chief Adminis-
trator of the Courts has such powers and duties es
are-delegated to him by the Chief Judge and such
additional powers and duties as aie provided by
law.
He is sss i s ted in the performance of his
duties by two deputy chief administrators, one
supervising the operation of the courts in New York,
City, one supervising the operation of the courts
.
outside New York City; the judicial district admin-
istrative judges, and the Office oC Court Adminis-
tration.
Reference Section.5.1 (General adminis-
trative authority).
b. Reference Section 5:2.b (state-level admin-
istrator).
c. The Court ofAppeals may from time to time
by an order entered in itel minutes appoint and re-
move its clerk.
The clerk has the authority to
ippoint, at his pleasure, deputy clerks and assis-
tants.
The clerk supervises nonjudicial employees
in the Court of Appeals.
[Const., Art. VI, t28; Judiciary Law 1S57, 2571
1.6 Rule-making.
Rule-making authority, with ref-
erence to practice and procedure in the courts,
is
constitutionally divided between the legislature
3G9
Figure 1:
New York court system, 1980
COURT OF APPEALS
7 Judge
Juriediction:
- Final appellate jurisdiction in civil and
criminal questions of law.
- Direct appeal of questions Lmvolving
provisions of state or federal constitutions
and death sentence.
Death penalty or
civfl casea involving
tenatitutionality of
state or federal statute.
APPELLATE DIFLEIONS of SUPSINiE CGURT (4)
24 Mime
Juriediction:
- Civil and criminal sppellate
juriediction.
Criminal matters
APPELLATE TERMS OF SUPREME COURT
(3)
9 Supreme Court justices serve
(3 in each Appellate Tetm)
Juriedictiqn:
- Civil and criminal appellate
jurisdiction.
Civil, felonies,
¶
all 3rd
0Per Smefkb0e ssssss
SUPREME COURT (
1)
263 justices
Juriediction:
- Unlimited 1-
and
e quity.
Exclusive
juriedicction in
domestic relation*
n etters.
- Felonies and misde-
meanors prosecuted by
indictment (in the
City of New York).
Criminal jutqadiction
in other countiee,
if needed.
Jury trials.
FAMILY.COURT ($11)
107 judges, 37 county
court Mese serve
Jurisdiction:
- Adoption, child
protection, family
offenses, support,
custody, paternity.
- Juvenile delinquen-
cy, dependency and
neglect.
Jury, trile not
generally available.
A_
COUNTY COURT
(57)
104 judges
Jurisdiction.
- Civil lew and equity
'under $6,000 (may vary
up to $10,000).
- Original criminal juris-
diction over all of -
sea (except in the City
of New York)'
41;
Appeals on record.
Jury trials.
SURROGATE'S COURT
(62)
35 surrogates,.37 county
judgos serve
Juriediction:
- Matters relating fo
decedents' estates.
Delusive juriediction
in probate netters:
Adoptions, suardlin-
ships.
3rd and Ath
-
Departments.
1....
C.OURT Of CLAIMS (11)
17 Judaea and 26 judges
dangerous drug control
luriediction.
- exclusive jurledicti,
,ver
i .4 CO Which
,
le
4r4',
4 mercy
....-.....-
CITY COURT
(61)
(outside New York City)
101 full-time and 60
part-time ...Judges
Juriediction.
7 Civil actions under
$6,000, small rlalos
under $1,000.
:mine!
ers with
les,
non $1,000,
.entence
es. then
months.
Felon.
P
Jury ,riale.
_
riAIb V t
0
!WWI r
COURT
(2,424)0
2,424 juitice
Juriedie,
- Or
^
-
ivtl
Or'
Mir
omall
,al
immememmaa
under $1,000
Original jurdadiction
,riminal matter.
with fine
eise tn.
$1,000-sentenc:
-han ,7 nonthe
foe
raft
Pk
2nd
Department.
Jur
rt.
411Indi,y
'
t Furtyrersht retired ju...cem of -he supreme Court erme
.
.1 tleuro,
;I awre temporarily disdeldnoted to the Appal rm.
f
4,
1.,101.0411.
p-mio %Pair(
DISTRICT COURT
(2)
(Nassau and Suffolk
counties)
49 judges
Turiodictio,,
Civil Ascii,
nder
$6,000, small .laime
under $1,000.
'riming'''. matter.
Ath fine less tna-
$1,0nr
sentence
less
--
'2 months.
Fein,
'miriade*.
tory
CIVIL COURT C/F THE CITY
OF NEW YORK
120 judges
Jurisdiction.
Civil law and equity
under $10,000, mall
ms under $1,000.
Juryir els.
ell, RAI
Ilan
F TN!
'D it 45,
MI&
98
o
Ju
of
,n.
,rislre* 'totter, with
fine
se
-An 11,00
nr tenter, a lees than
IIIOt
....001,
Melliminariee
rev
rie
.....-
....mom.-
Court of
last
resort
Intermediate
appellate
courts
Courts of
general
jurisdiction
Courts of
limited
_0riediction
and the courts, although the legislature may dele-
gate Its power to any court or to the Chief Admin-
istrator of the Courts, provided that the latter
may-only exercise such power with the advise and
consent of the Administrative Board.
The legisla-
ture is vested with power to determine practice and
procedure in the courts.
'The Chief Judge of the
Court of Appeals, after consultation with the Ad-
ministrative Board of the Courts (made up of the
Chief Judge and the four presiding justices of the
Appellate Divisions) and approval by the Court of
Appeals establishes standards and administrative
policies for general iPplication throughout 'the
state.
The Chief Administrator of the Courts is
vested with power to adopt administrative rules for
the orderly transaction of business in the trial
courts.
The Appellate Divisions are vested with
power to adopt administrative rules for the orderly
transaction of business in their courts, and in the
Appellate Terms of the Supreme Court in their re-
spective departments.
(Const., Art. VI, SS28, 30; Chief Judge's Ad-
ministr4ive Delegation, April 1,
1978 (herein-
after Chief Judge's Delegation)1
Intermediate Appellate Courts
j
q
-2.1.1 APPELLATE DIVISIONS OF 1HE SUPREME COURT.
There are,four Appellate bivisLong of the Supreme
4
Court, ope in each of the four judicial dePart-
ments.
They sIt. in permanent locations as follows:.
lit'Department in Manhattan (New York City), 2nd
Depaftment in Brooklyn,
1 Department in ADiany,
and 4th Department in ReRnester.
Sittings lin other
locationt are permitted where the justices deter-,
mine that public interest so requires.
The number,
commencement date, and length of terms of the Ap-
pellate Divisions are estabrished each year by the,
Presiding Justices and the associate justices of
each Department.
(Const., Art. NI-, S4(1), Judiciary Law,S75,
Chief Judge's Delegation S3I
2.2.1 OrganiiatLon.
The Appellate Divisions sit
.1-11 panels of 4 or 5 justices on each case.' Four
justices constitute a quoruM and no more than five
justices can hear any particular case.
The Appel-
late: Divi5ions in' the 1st and 2nd departments con-
sist of seven justices each and in the 3rd and 4th
departments of five justices each.
Each Appellate
Division may also request the Governor to designate
additional justices to insure the speedy disposi-
tion of business before it.
(Const., Art'. VI,
S41
2.3.1 Jurisdiction
s. The court has jurisdiction in all matters
relating to the admission, d.iscipline, and removal
of attorneys.
b. The Appellate Divisions hear and determine
appeals from judgments or orders of the courts of
,rteinsl jurisdirtion in criminal and civil cases,
and
r, /1PW CIVIL appeals from the Appellate Terms.
The ,..
IN.ns may review determinations of the
rommie so, oo Judirial Conduct (reference Sec-
.
tion
with re -e,t tn justices of Town and
Viila.
tice Cuurts.
ti vich authority is grant-
od
tne legislat
-his 1risdiction was
removed october ¶
I(.11st., Art. VI, SS4,
.:,, Judiciary Law 590,
IJil'Practice Law and Rules (hereinafter
-T.N.T.R.) Art
S71
2.4.1 Justices (24)
44
a. The presiding justice for each of the bar
Appellate Divisions is designated kr the Governor
from justices elected to ,tiRe Supreme Court in the
department in which he is to serve.
The presiding
justice serves for the remainder of the term to
which he was elected as a Supreme Court justice.
b. Appellate Divisions of the Supreme Court
justices, must he practiced law in the state for
at least110 Years prior to appointment.
c. Justices of the Appellate Divisions of the
Supreme Court are designated by the Governor from
the justices elected to the Supreme Court.
A ma-
jority of justices in each Appellate Division must
be residents of the particular department they are
designated to serve.
Unless he is a specially
designated justice,
i.e.', one who has been desig-
nated to serve in response to the request of al> Ap-
pellate Division for assistance in insuring the
speedy disposition of its caseload, each justice
serves 5-year term or the remainder Of thv Supreme
Court term to which he was elected, whichever is
less.
Qualified justices may be redesignated.
(Const., Art. VI, §S4, 201
2.5.1 Administration
a. The presiding justice and associate austices
of each Appellate DivisiOn have administrative
auTrOrity ov rtheir court.
This authority in-
*
c-ludes respo s
i
y
or assigning justices, ap-
pointing Anjudicial employees, and setting the
hours,and terms of the court.
b. There is no provision for an administrator
fdr the Appellate Divisions.
Reference'Section
5.2.b (state-level administrator)..
c. Th, Justices of the Appellate Divisions ap-
point a clerk for their respective courts.
They
also have the power t
remove these appointed '
clerks.
The clerk supervises nonjudicial employees
in the Appellate Diviswion.
(Judiciary 1,,pw'S91, Chief JIdges Delegatidni
2.6.1 Rule-making.
rke Appellate Divisions posiess
such procedural rule-making autiloeity to adopt ad,
ministrative rules for the eft
it
r
and orderly
transaction of 4business in theii- co
(Chief Judge's Delegation1
2.1.2 APPELLATE TERMS OF THE SUPREME
nDRT.
The
Appellate Division of the Supreme Court in
judicial department may establish an Appellate Term
for its department or for a county or judicial
district within the department.
(Const., Art. VI, S81
2.2.2 Organization.
Each Appellate Term is manned
by between 3 and
5 justices.
The court sits in
panels consisting of no more than three just.,es.
Two justices constitute a quorum and the concur-
rence of two is required for a decision.
There are
presently three ApPellate Terms.
The Appellate
Term of the Supreme dourt for the 1st Judicial De-
partment sits In New York City and hears appeals
from the New York City Criminal and Civil Courts
sitting in New York and Bronx Counties.
The Appel-,_
late Term of the Supreme Court for the 2nd and llth
Judicial Districts (judicial districts that
ir
lude
the counties of Kings, Queens, and Richmond) sits
in Brooklyn and hears aTVINkg from the New York.
City Criminal and Civil Cou
sitting in Kings,
Queens, and Richmond Counties.
The Appellate Term
of the Supreme Court for the 9th and.10uhrJudicial
Districts (judicial districts that include the
counties of Dutchess,-Orange, putnam, Rockland,
353
3-71
Westchester, Nassau, and Suffolk) sits in Brooklyn,
Garden City, and White Plains.
Thss court hears
appeals from County% District, Town Justice, Vil-
lage Justice, and City Courts within the 9th and
10th Judicial Districts.
(Const., Art. VI, S8; Title 22, Official Com-
pilation of Codes, Rules, and Regulations of
the State of New York (hereinsfter 22 NYCRR)
11640, 7301
2.3.2 Jurisdiction
I. The Appellate Terms have no original juris-
diction.
b. Appellate Terms are established as needed
by the justices of an Appellate Division.
As may
be directed by the Appellate Divisions which estab-
lished them, they have jurisdiction to hear and
deterniine appeals, which are authorized by law to
be taken to the Supreme Court or to the Appellate
Divisions, provided they may not hear appeals from
a Supreme Court, a Surrogate's Court, a Family
Coutt, or appeals in criminal cases prosecuted by
indictment.
iConst., Art. VI, S81
2.4.2 Justices (9 Supreme Court Justices serve)
The constitution permits three to five justices per
term.
1.4:-There is no provision for a chief justice
over, the three Appellate Terms.
The Chief Adminis-
trator drbifnates, with the approval of the approp-
riatm.Appellase Division, a presiding justice for
each Appellate Teem.
The presAding justice serves
untifl eheSend of his term as Supreme Court juitice.
b. Appellate Terms justices must have practiced
laW in the state for at least 10 years.
:
c. JuitV45 of the Appellate Terms of the Su-
preme tourt are designate4 by the Chief Administra-
tor df the Courts with the approval of the presid-
,ing'justice of the Appeellate Division in the judic-
ial department an which they will serve from the
jdstices elected tO 6 Supreme Court who are 'resi=
dent within the geOgra hical area sei'ved by the Ap-
pellate Term.
IConst., Art. VI,
S
;
Chief Judge's Delegation]
2.5.2 Administration.
T
esi
ng justice and
associate justice's of an Appellat
ivision in
'
which an Appellate Term has been e
blistod have
administrative authority over theAppellste Term.
a. The preiliding justice'appoints personal as- '
sistants who sew( as their own law secretaries".
"
b. The presiding justice of an,Appellate Term
is thelodministrative judge of that court.
c. Each chief clerk supervises nonjudicial ei-
ployees tn his Appellate Term.
fl
'I
(Chief Judge's Delegationt
2.6.2 Rule-making. Administrative.rules" for etch
Appellate Term are promulgated by' the Appellate
Division that established it.
"4
(Chief Judge's Delegation; 22 NYCRR Si640, 711,
732]
Courts of_Gentra.1,JuriedictIon
3,1.1 suimpe COURT. :The,Chief Administrator of
0-4 Courts, 'from time to time, fixes the number,
cbmmencement dates; and places for holding special
and trial terms and the length of"such terms of the
Supreme,tourt and issigns juStides to hold such
,
-
terms.
(Const., Art. VI, S28; Chief-Judge's Delega-
tioni
3.2,1 Organization.
The state is presently divided
into 11 judicial districts.
Each district is drawn
354
on county lines and contains from 1, to 11 counties.
Once every 10 years the legislature may increase
or decrease the number of districts.
There are no
specialized divisions of the court, except in the
city of New York which has civil and criminal divi-
sions.
A branch of the Supreme Court exists in
each county.
(Const., Art. VI, 56; Chief Administrator of
^ the Courts]
3.3.1 Jurisdiction
a. The Supreme Court has exclusive jurisdiction
overjelonies and indictable misdemeanors in New
York City.
The court also has unlimited original
jurisdiction, but it generally hears cases outside
the jurisdiction of other courts, such as:
civil
matters beyond the financial limits of courts of
limited jurisdiction, normalli those above $6,000
or $10,000 (varies according to jurisdiction); di-
vorce, separation, and annulment proceedings, and
suits in the nature of equity, such as mortgage
foreclosures and injunctions.
b. The Supreme Court has no appellate jurisdic-
tion.
(Const., Art. VI,
S7]
3.4.1 Justices (263).
The number of Supreme Court
justices 15 determined by the legislature within
constiel.tutional limitations.
The number varies from
9 to"61 per district.
a. There is no provision for a chief justice
over the 11 judicial districts or for a presiding
justice for each district.
b. Supreme Court justices must have been mem-
bers of the bar for a, least 10 years.
c. Supreme Court justices are elected by the
voters of the judicial districts and serve 14-year
terms.
There are-no'retention elections in the
State of New York.
There may be a primary if any
party nomination is contested.
(Const., Art. VI, SS6, 20, Judiciary Law
S140-a, Chief Judge's Delegation]
3.5.1 Administration
a. There is no provision for a chief justice
over the 11 judicial districts, or fot presiding
justices for each district.
The Chief Administra-
tor of the Courte administers the Supreme Court in
all districts.
In those districts within New York City, he
is assisted by the deputy chief administrative
judge for the courts within New York City, as well
as by the deputy New York City administrative
jitdges (onejor the Criminal Branch; one for the
Cvvil Bsmnch, and,one for the"Family Court of the
City Of Vey York), and by the four assistant admin-
iStrative jidges:
The depUtyurnd assistant admin-
istrative jages`tehipotartiy ssaign_judgei add
-
Oversee orderly4dminis;ration.
Oufs_ide 48w Yoi.k,
City, he it assisted by thee dePoly
trative judge for the coyets outside fiew Ypik City,
as 'well a* by the district edmiilfitrative judges,,-,
who temporarily assign judges and overiiie orderly
,
administration.
b. There are nolorovisions ftr an.adminisSrator,,,i
over all the districts 'of the Supreme Court or fbr
administrators for the indtvidtal districtsz,' Pf
erence Section 5.2.b Cstate-level administrator)-,
"c. The Chief Administrator of the Courts ap-
points all court clerks in the trial court* of'Oe.
state, except in the Tawt and Village Ju-Atice
tourts.
The Chief Clerk, in each-court superyls'qs
all nonjudicial personnel, excepb the judges'
personal staff (law cletk and stenographer).
(Chief Judges DelegMtion)',
)
3.6.1 Rule-makini.
Administrative rules for the
§upreme Court are adopted by the Chief Administra-
'for of the Courts.
Individual courts may promul-
gate local rules consistent with general practice
and procedure as provided by statute or general
rules.
[Const., Art. VI, 30; Chief Judge's Delegation]
3.1.2 COUNTY COURT.
The number, places, commence-
ment dates, and the lengths of terms are set by the
Chief Administrator of the Courts, from time to
time, as caseloads require.
[Chief Judge's Delegation]
3.2.2 Organization.
The courts are constitution-
allyMandated in each of the state's 57 counties
outside of New York City.
There are no specialized
divisions of the court.
[Const., Art. VI, S10]
3.3.2 Jurisdiction
a. The County Court exercises unlimited juris-
diction over all crimes and other violations of
law.
Iti civil .jurisdiction is constitutionally
limited to controversies involving less than
$6,000, unless the legislature increases a particu-
lar County Court's jurisdiction up to a constitu-
tional maximum of $10,000.
Fifty-four of the
state's 57 County Courts have been conferred civil
jurisdiction up to $10,000 by the legislature.
b. The County Court has appellate jurisdiction
to hear appeals from determinations in the Dist-
rict, City, and Town and Village Justice Courts.
[Const., Art. VI, 511, Judiciary Law S190]
3.4.2 Judges (104).
The number of judges is deter-.-
mined by the legislature.
Forty-six of these 104
judges also serve in the Family and/or Surrogate's
Courts.
a. The County Court does not have a chief judge
over all the counties or presiding judges for the
individual counties.
b. County Court judges must have been admitted
to practice law in the state for at least 5 years.
c. County Court judges are elected by the
voters of their respective counties in partisan
elections and serve 10-year terms.
There are no
retention elections in New York state.
There may
be 4 primary if any party nomination is contested.
[Const., Art. VI, SSIO,
20-; Judiciary Law
S1182,
184]
3.5.2 Adminritration
a. There are no provisions for a chief judge
over all the counties of the County Court or for
presiding judges for the individual counties.
b. There are no provisions for an administrator
over all the 57 County Courts.
Reference Section
5.2.b (state-level administrator).
Administration
is by the Chief Administrator of the Courts, as-
sisted by the deputy chief administrative judge for
the courts outside New York City, And further as-
sisted by the district administrative judges.
Ref-
erence Section 3.5.1.
In multijudge County Courts,
one judge may be designated as supervising judge
of thatcourt.
c. Thg Chief Administrator of the Courts ap-
points-County Court clerks, who supervise nonjudic-
ial eliployees in a County Court, except for the
personal atIffs of the judges.
1Chierludge'R DelegaCion]
0
3.1,2 Rude-making.
Reference Section 3.6.1.
COUgts,Of Lima_ted oF Specral Jurisdiction
14.1.PSURRWATE'S2QURT.,The number, places, cum-
iMencoment dates,'ind the 'lengths of terms are set
'16e,t1(4 Chtef Admimiette,t8r of,the Courts, from timei,,
'
'355
-
4
.
_
to time, as caseloads require.
[Chief Judge's Delegation]
4.2.1 Organization.
Each of the state's 62 count-
ies, including the 5 counties in New York City, has
a Surrogate's Court.
There are no specialized
divisions of the court.
4.3.1 Jurisdiction
a. The Surrogate's Court has jurisdiction over
all actions ,and proceedings relating to the affairs
of decedents, probate of wills, administration of
estiyes, and guardianship of the property of min-
ors.
The Surrogate's Court also has concurrent
jurisdiction with the Family Court over adoptLon
proceedings.
b. The Surrogate's Court has no appellate jur-
isdiction.
[Const., Art. VI, S12; Family Court Act Section
641]
4.4.1 Judges (35).
The number of surrogate judges,
is determined by the legislature.
Each *tourt must
have at least one judge and otners are added by
,legislative acts.
County Court judges can serve
as the county's surrogate.
Currently there are 35
surrogate judge44 9 county judges who are also sur-
rogates, and 28 county judges who are also Surro-
gates and Family Court jude,es.
a. Surrogate's Court in each county is presided
over by an elected surrogate, or, where the legis-
lature has so provided, by 4 County Court judge
discharging the dut,ies of surrogate.
b. Surrogates must have been admitted to prac-
tice law in New York for at least 10 yeSrs, while
County Court judges who also discharge the duties
of surrogates need only have been admitted to the
practice of law for at least 5 years.
c. Surrogates are selected in the same manner
as County Court judges.
Reference Section 3.4.2.c.
Judges serve 10-year terms, except New York City
Surrogate's Court judges, who serve 14-year terms.
[Const., Art. VI, 5512, 14, 20, Judiciary Law
4184; Surroga e's Court Procedure Act, 52603]
4.5.1 Administrati
a. There are no provisions for presiding judges
for the Surrogate's Court.
b. There are no provisions for an administrator
over all the Surrogate's Courts or administrators
for the individual Surrogate's Court.
Reference
Section 5.2.b (state-level administrator).
The
Chief Administrator of the Courts administers all
the Surrogate's Courts, assisted by the deputy
chief administrative judges for the courts outside
and inside New York City, as well as by their sub-
ordinates.
Reference Section 3.5.1.
c. The Chief Administrator of the Courts ap-
points Surrogate's Court clerks,.who pupervise non-
judicial employees in Surrbgate's Courts, except
for the personal staffs of the surrogates.
[Chief Judge's Delegation]
4.6.1 Rule-making.
keference Section 3.6.1.
4.1.
FAMILY COURT.
UniformFamily Court Rules
provide that the Family Court shall be open Monday
through Friday, 9:30 a.m.-5:00 p.m., except that
the Chief Administrator'of the Courts may provide
differently outside the City of,New York, depending
upon ceseload.
[22 NYCRR S25461]
44.2 Organization.
There is a Family Court estab-
lisbed for the state 'of'New York.
It is establish-
ed in each county outside the City,of New York, and
also in the City of New York.
[Const., Art. VI, 513; Family Court Act 55117,
1'21,
131, Chief Administrator, of the Courts]
'
'
4.3.2 Jurisdiction
a. The Family Court has jurisdiction in cases
involving families and children.
The court's major
types of cases involve:
juvenile delinquency;
child protection, minors in need of supervision;
review and approval of foster care placements; pat-
ernity determinations, family offenses, adoptions
(concurrent jurisdiction with the Surrogate's
Court), support of dependent relatives, permanent
neglect, termination of parental rights; guardian-
ship, and custody.
The Supreme Court, however,
rather than the Family Court, has jurisdiction over
cases involving divorce, separation, and annulment.
The Family Court in New York City also has
"Designated Felony Act Parts" for hearing certain
felony ,.'uses specified by statute.
In other count-
ies or the State, these designated felony cases
have hearing preference.
b. The Family Court has no appellate jurisdic-
tion.
Hmst., Art. VI, SS7,
131
4.4.2 _lodges (107; 37 County judges also serve). The
number- of judges is determined by the legislature.
Family (,mrr in each county is presided over by one
or more Family (ourt judges, or, where the legis-
lature has so provided, by a County Court judge
lischarging the duties of Family Court judge.
a. The Family Court does not have presiding
judges.
b. Family Court judges must have been admitted
to practice law in New York for at least. 10 years,
while Loonty Court judges who also discharge the
duties ot Family Court or Family and Surrogate's
(ourt judge, need only have been admitted to the
practice of law for 5 years.
c. Family Court judges are elected by the
voters of their respective counties in partisan
ele,ctions except in New York City, where they are
appointed by the Mayor.
All judges serve a 10-year
term.
lionst., Art. VI, SS13,
14, 20, Family Court
Act SS121, 124,
131,
134J
4.5.2 Administration
a. There are no provisions for presiding judges
for the Family Court.
N. There are no provisions for an Admmistrator
over the. Family Court statewide.
Reference Section
5.2.b (state-level administrator).
The Chief Ad-
ministrator of the Courts administers the entire
Family Court statewide, assisted by the deputy
chief administrative judges for the courts inside
and outside New York City, and their subordinates.
These include, in New York City, the Family Court
administrative judge.
Outside New York City, spe-
cial administrative judges for the Family Court
have been appointed to supervise the Family Court
where a need for such Administrative judges exists.
Reference Section 3.5.1.
c. Each Family Court has a clerk of court who
keeps the records and seal.
The clerk supervises
non)idicial employees in his Family Court.
[Family Court Act S216, Chief Administrator of
the Courts]
4.6r2 Rule-making.
Uniform statewide- Family Court
riles ...Ind
local rules tor the Family Court of New
'IN,ik Cstsf,haye been-promulgated.
Referepce Section
l.6.
[Fagilly Court Act 5212, 22' AYCRR 12501 to
S2510, 1S2590, 2655, 2685, 2755, 2770, 2810,
/8301
4.1.3 CIVIL COURT OF THE CITY OF NEW YORK.
The
number, places, coinhencement dates, and the lengths
of terms are set by the Chief Administrator of the
Courts, from time -to time, as caseload requires.
[Chief Judge's Delegation]
4.2.3 Organization.
The Civil Court sits at vari-
ous locations in the 5 counties of New York City.
The Civil Court of the City of New York has a Small
Claims Part and a Housing Part.
[New York City Civil Court Act (hereinafter
C.C.A.) SS102, 110, 1801]
4.3.3 Jurisdiction
a. The Civil Court of the City of New York has
jurisdiction to entertain civil cases involving
amounts up to $10,000.
It includes a Small Claims'
Part for informal disposition of matters not ex-
ceeding $1,000 and a Housing Part for housing code
violations.
b. The Civil Court of the City of New York has
no appellate jurisdiction.
[Const., Art. VI, SI5, C.C.A. S110, Act 2, Art.
18].
4.4.3 Judges (120).
The number of judges authoriz-
ed is determined by the legislature.
a. The Civil Court does not have presiding
judges.
b. Livil Court judges must have practiced law
in the state for at least 10 years.
c. Civil Court judges are elected in partisan
elections in a county in New York City...or in a
court district in New York City and serve 10-year
terms.
[Const., Art. VI, 1115, 20, C.C.A. 1102]
4.5.3 Administration
a. There are no provisions for presiding judges
for the Civil Cpurt of New York City.
b. The Chief Administrator of the Courts admin-
isters the Livkl Court of the City of New York, as-
sisted by the deputy chief administrative judge for
courts inside New York City, and by a deputy New
York City administrative judge who is also adminis-
trative judge for the Civil Court.
Reference Sec-
tion 3.5.1.
c. The chief clerk has the power to administer
oaths, take acknowledgements, and sign the process
or mandate of the courts.
The chief clerk super-
vises nonjudicial employees in the Civil Court of
the City of Net/ York.
-
(C.C.A. 1109f
4.,6.3 Rule-making.
Special rules of practice for
the Civil Court of the City of New York have been
promulgated.
Reference Section 1.6.
[22 NYCRR Part 2900, C.C.A. 12103]
1110
4.1.4 CRIMINAL COURT OF THE CITY OF NEW YORK.
The
Criminal Court of the City of New York is in ses-
sion daily, except Saturdays, Sundays, and holi-
days.
The numbers, places, commencement dates, and
the length of terms are set, from time to time, by
the Chief Administrator of the Courts.
s
[22 NYCRR 2950.3, Chief Judge's Del-egation]
4.2.4 Organization.
The judges of tfie Criminal
Court sit at various locations in the 5 counties
of New York City.
The court in each county of the
city is divided into specialized divisions or parts
that handle certain events in the trial proces2. ,
The juris,diction of eaCh of these parts
i
specif-
ied by rules of courts
L22,MYCRR Patt-s 2950.1, 2950.2; New York City
Criminal Court Act (hereiMafter)Crim. Ct.:Act)
S20]
4.3.4 Jurisdiction
a. The Criminal Court of the City of New York
.
has Jurisdiction to conduct felony arraignments and
preliminary hearings.
It also has jurisdiction to
3-56 3
14
hear, try, and determine all misdemeanor cases, and
all offenses of a grade less than misdemeanor, in-
cluding ordinance violations.
b. The Criminal Court of the City of New York
has no appellate jurisdiction.
[Const., Art. VI, S15; Crim. Ct. Act Section
31, C.P.L.R. S10.301
4.4.4 Judges (98).
The number of judges authorized
is determined by the legislature.
a. The Criminal Court of the City of New York
does not have presiding judges.
b. Criminal Court judges must have practiced
law in the state for at least 10 years.
c. Criminal Court judges are appointed by the
mayor of the city for 10-year terms.
[Const., Art. VI, SS15, 20, Crim. Ct. Act S201
4.5.4 Administration
a. There are no provisions for presiding judges
for the Criminal Court of the City of New York.
b. The Chief Administrator of the Courts admin-
isters the Criminal Court of the City of New York,
assisted by the deputy chief administrative judge
for courts inside New York City, and by the deputy
New York City administrative judge who is also ad-
ministrative judge for the Criminal Court.
Refer-
ence Section 3.5.1.
c. The chief clerk has the power to administer
oaths, take acknowledgements, and sign the process
of the courts under the seal"thereof.
The keeping
of records of court and certifyimg and furnishing
these records are duties of a clerk of.court-and
his assistants.
The chief'clerk supervises non-
judicial employees in the Criminal Court of the
City of New York.
[C,C.A. S23]
4.6.4 Rule-making.
Special rules of practice for
the Criminal Court have been promulgated.
Refer-
ence Section 1.6.
[22 NYCRR Part 2950.21
4.1.5 DISTRICT COURT.
The number, places, com-
mencement dates, and the lengths of terms are set
by the Chief Administrator of the Courts, from time
to time, as caseloads require.
[Chief Judge's Delegarion]
4.2.5 Organization.
Courts may only be established
in counties or portions of counties with the.con-
sent of the voters residing therein.
At present,
only two District Courts exist in the state, both
located on Long laland.
Nassau District Court in-
cludes Nassau County, while the Suffolk District
Court includes the five westernmost towns of Suf-
folk County.
Specialized divisions or parts are
permitted in accordance with court rules.
Each
court has a Small Claims Part.
[Const., Art. VI, S16, 22 NYCRR SS3935.1,
1.840.1, Uniform District Court Act (hereinafter
U.D.C.A.) SS207, Art.
18, 2401 (Supplemental
Provisions), The American Bench, p.
13031
4.3.5 JuTisdiction
a. The District"Court exercises the same crim-
inal jurisdiction as the Criminal Court of New York.
City And civil jurt,ediction similar to the Civil
Court' of New=York Citjr, except that the amount in
a civil .action may ndt exceed $6,000.
The Small
,
Claims Part hasvlurisdiction involving amounts up
to tr,000.
b. The District Court has no appellate juris-
diction..
[Const., Art. VI, SS15, 16, U.D.C.A. Art. 2,
krt.
18, S2001, C.P.L.R. S10.30)
4.4.5 Judges (49).
Each District Court must have
at least one judge and such others as provided by
law.
a. The judge elected from Nassau County as a
whole, and the judge elected in Suffolk County from
the entire District Court system, become President
of the Board of Judges of their respective District
Courts for their term of office.
b. District Court judges must have practiced
law in the state for at least 5 years.
c. District Court judges are elected by the
voters of their respective districts in partisan
elections and serve 6-year terms.
[Const., Art. VI, SS16, 20; S2406 of Nassau
County Government Law; S2407 of Suffolk County
Charter11
1
4.5.5 Administration
a. There is a President of the Board of Judges
in each District Court, designated by statut.e.
b. The Chief Administrator of the Courts admin-
isters the District Courts, assisted by the deputy
chief administrative judge for courts outside New
York City, and further assisted by the district ad-
ministrative judge and the Nassau and Suffolk ad-
ministrative judges (reference Bection 3.5.1).
Reference Section 5.2.b (letate-leveradministra-
tor).
In each*of the two exfsting District Courts,
the President of the Board of Judges has alsO been
.
appointed administrative judge.
c. The clerk supervises the nonjudicial employ-
ees irhis District Court.
He has responsibilities
as determined by the Court.
rChief Administrator of the Courts]
4.6.5 Rule-making.
Special rules of practice for
the two District Courts have been adopted and prom-
ulgated.
Reference Section 1.6.
[22 NYCRR Parts 3840, 3935]
4.1.6 CITY COURT (Outside the City of New York).
The number, places, commencement dates, and the
lengths of terms are set by the Chief Administrator
of the Courts, from time to time, as caseloads re-
quire.
[Chief Judge's Delegation]
0
4.2.6 Organization.
The state has 61 City Courts,
one iiveaCh city outside New York City.
Fourteen
are-courts of record, forty-seven are courts not
of record.
City courts are created, and mpy also
be abolished, by the legislature.
Each City Court
has a Small Claims Part with jurisdiction up to
$1,000.
Other specialized divisaons may be estab-
lished.
[Const., Art. VI, 117; 22 NYCRR Parts 3000,
3200, 3400, U.C.C.P.,. Art. 18, Const., Art. vr,
S17)
4.3.6 Jurisdiction
a.-The City Courts have the same criminal jurr
isdiction aT the District Court and the Criminal
,
Court of the City of New York.
Their civil juris-
diction is simiTar to that of the District Court
except that the specific monetary jurisdiction of
each court varies.
The monitary jurisdiction of
each court is set forth in the legislative act that
established the particular court.
b. The City CoOrt has no appellate jurisdieton.
[Const., Art. VI,
S17; U.C.C.A. SS2001, 2300,
C.P.L.R. S10.101
4.4.6 Judges (401 full-time and 60 part-time).
The number of judges in the City Courts is deter-
mined by the legislature.
a.
In most multi,-judge City Courts there is
either a chief or an administrative judge (or both)
375
of the respective cities.
Such matters are treated
in each city charter.
The chief judge may also be
designated as administrative judge by the chief
court administrator.
b. City Court judges must have been members of
the bar far at least 5 years.
C. City Court judges may either be elected by
'the voters or appointed by the City Council, de-
rpending on provisions of the legislative act that
estab[rshed the particul2r court.
They serve 2-
to 10-year terms.
(Const., Art. VI, SS17, 201
4.5.6 Administration
a. In-most multi-judge City Courts outside the
City of New York there is either a chief judge or
an,administrative _judge or both.
b. The Chief Administrator of the Courts admin-
igters the City Courts, assiited by thsi deputy
chief administrative judge for courts outside New
York City, and further assisted by the district ad-
ministrative judges.
Reference 9ection 3.5.1.
In
most multi-judge City Courts outside the City of
New York, there is either a presiding judge or an
administrative judge or tYCAih.
c. The clerk in each City Court supervises the
nonjudicial employees in his court.
He has resTon-
sibilities as determined by the court.
(Chief Judge's Delegation]
,
4.6.6 Rule-making.
Uniform procedural and adminis,
trative rules relating to the City Courts within
each jadicial department have been promulgat*d.
Reference Section 1.6.
122 NYCRR Parts 3000, 3200, 3400)
4.1.7 COURT "OF CLAIMS.
Two,terma of couit are held
each./ear in each Court ot Claims district.
'
122 NYCRR Farts 1200.1, 1200.21
4.2.7 Organization.
The state is divided into nine
Court of Claims districts.
There are no specializ-
ed divisions of the court.
122 NYCRR Fart 1200.11
4.3.7 Jurisdiction
a. The Court ot Claims has jurisdiction to hear
and determine clatms against the state, by the
state against the claimants, or between conflicting
claimants.
b. The Court of Claims has no appellate juris-
[Const., Art. VI, S9, Court pf claims Act Sec-
tion 9]
4.4.7 Judges (43).
The constitution sets the
court's membership at eight; hoWever,
it can be de-
creased to six or increased to any number by the
legislature.
The legislature has set the court's
permanent membership at
17:
a. The Governor designates the presiding judge
dyer the nine districts%
The presiding judge
serves in this role for the remainder of his term.
b. Court of Claims judges must have practiced
law in the state for at least 10 years.
c. The
17. Court of Claims judges are appointed
by the Governor, with the advice and consent of the
Senate, and,serve 9-year terms.
fn addition, the
legislature has authorized the Governor to desig-
nate additional temporary (one-term only) Court of
Claims judges (Dangerous Drug Control Program) who
are assigned to other courts.
These judges now
number 2.6.
lConst.,'Art.
SS9, 20; Court of Claims Act
kt
S2, Chief Judge's
4.5.7 Admins
ation
a. The presiding judge is generally responsible
fur the ordeely administ,ration of the Court of
358
Claims under the Chief Administrator of the Courts.
b. The Court of Claims is administered by the
Chief Administrator of the Courts assisted by the
presiding judge of the Court of Claims.
Reference
Section 4.5.7.a.
c. The clerk of the Court of Claims supervises
the nonjudicial employees in the court.
He has re-
sponsibilities as determined by the court.
(Chief Judge's Delegation]
4.6.7 Rule-making.
The legislature has specific-
ally granted to the Court of Claims authority to
establish rules for the government of the court
and the regulation of practice therein, provided
that such rules are consistent with statutes of the
state.
(Court of Claims Act $91
4.1.6 TOWN JUSTICE COURT and VILLAGE JUSTICE
COURT.
Town and Village justices must hold within
their town or village a court for the trial of any
action or special proceeding brought before them
over which they have jurisdictdon.
Most towns and
villages have justice courts.
A Village Justice
Court has civil jurisdiction over causes of action
arising within a viilage.
If a village is within
a town, then the Town and Village Justice Courts
have concurrent civil jurisdiction within the vil-
lage.
The frequency of their sessions is prescrib-
ed by rules of court.
(Uniform Justice Court Act (hereinafter
U.J.C.A.), Art. 2,
SS200I, 21031
4.2.8 Organization.
A Small Claims Part Ls man-
dated by statute.
11J.J.C.A. S18021
4.3.8 Jurisdiction
a. Town'and Villege Justice Courts have the
same criminal jurusdiction as the Criminal Court
of the City 'of New York.
Reference Section
4.3.4.a.
Their civil jurisdiction extends to con-
troversies involvIng up to $3,000.
These courts
also have jurisdiction in summary proceedings in-
volving landlords and tenants without regard to
amount.
Small claims jurisdiction extends to ac-
tions involving $1,000 or less.
b. Town and Village Justice Courts have np ap-
pellate jurisdiction.
(C.P.L.R. S10.30, U.J.C.A. SS201, 204, 1801,
2001; Chief Administrator of thel Courts]
4.4.8 Judges (2,424).
The legislature prescribes
the number of'justices in each of these courts.
A
village may have no more than two village justices.
Each town has two town justices, unless a greater
number is otherwise prescribed by law or a particu-
lar town.
a. The Town and Village Justice Courts do riot
have presiding judges.
b. Justices of these courts need not be
attorneys.
If they are not attorneys, they must
complete a course of training and education.
c. Village justices are selected in a manner
that
is determined locally.
Town justices are
elected by the voters.
Village justices normally
serve 4-year terms; however, if the village Board-
of Trustees establishes additional offices Of
lage justice, it may also prescribe an initially
shorter term so that village justices thereafter
are elected every 2 years.
The constitution pre-
scribes that town justices serve 4-year terms.
(Const., Art. VI, SS17, 20, U.J.C.A. 5105; Vil-
lege Law SS3-301, 3-302; Town Law S20(1)(b)1
4.5.8 Administration
a. There are no provisions for presiding judges
in the Town and Village Justice Courts.
3 '7 G
b. There are no provisions for an administrator
over the Town and Village Justice Courts.
Ref-
erence Section 5.2.b (state-level administrator).
The Chief Administrator of the Courts administers
the Town and Village Justice Courts, assisted by
the deputy chief administrative judge for courts
outside New York City, and further assisted by the
district administrative judges.
Reference Section
3.5.1.
c.
In many Town and Village Justice Courts,
there is no clerk.
In a few of these courts, there
is a Clerk and other nonjudicial staff over whom
the clerk exercises general supervision.
(Chief Administrator of the Courts]
4.6.8 Rule-making.
Many procedural matters are de-
fined and specified in the U.J.C.A.
The Civil
Practice Law and Rules (C.P.L.R.) and the Criminal
Practice Law also apply to these courts.
Special
rules may be promulgated provided they are consis-
tent with statute and the C.P.L.R.
Reference Sec-
tion 1.6.
(U.J.C.A. 12103]
Stite-Level Administration
5.1 General administrative authority.
Administra-
tive authority over the courts is vested in the
Chief Judge Court of Appeals, the Court of Appeals,
snd the Chief Administrator of the Courts.
The
Chief Judge, after consultation with the Adminis-
trative Board of the Courts, establishes standards
and administrative policies for general application
throughout the state. `Upon approval by the Court
of Appeals, such standards and policies are pro-
mulgated by the Chief Judge.
The Chief Administra-
tor of the Courts, on behalf of the Chief Judge,
supervises the administration and operation of the
unified court system.
The Chief Judge appoints the
Chief Administrator of the Courts with the advice
and consent of the Administrative Board of the
Courts.
Itemized estimates of the ftnancial needs
of the judiciary are approved by the Court of Ap-
peals and certified by the Chief Judge, prior to
transmittal to the Governor for inclusion in the
budget.
Such estimates cannot be revised by the
Governor.
Reference Section 1.5.a.
(Const., Art. VI, 628, Art. VII, SI]
5.2 Office of Court Administration
a. Establishment of an Office of Court Adminis-
tration is authorized by Judiciary Law S2l2(l)(b)
and by Chief Judge's Administrative Delegation
(April
1,
1978 61(b)-(viii)).
b. Chief Administrator of the Courts
(If the
Individual appointed is a judge, the title is Chief
Administrative Judge.)
(1) The position of Chief Administrator is
provided for in the constitution
(2) The constitution does lnot specify qual-
ifications for the Chief Admini
rator.
In prac-
tice, he must show integrity,
he ability to work
with coekt personnel, and general legal and admin-
istrative'"abilities.
The Chief Administrator of
the Courts is appointed by the Chief Judge with the
advice and consent of the Administrative Board of
the Coprts, and serves at the pleasure of the Chief
Judge.
(3) The Chief Administrator performs the
following duties:
(a)
Supervises, on behalf of the Chief
Judge, the administralion and operation of.the uni-
fied court system.
ko)
rorwarus tne itemizeu estimaies oi
the judiciary's financial needs to the appropriat-
ing bodies with recommendations and comments.
(c)
Assigns justices and judges on a
temporary basis.
(d)
Designates and removes Justices .if
Appellate Terms with the approval of the presidin
justice of the appropriate Appellate Division.
(e)
Designates the place or places
where Appellate Terms are held.
(f)
Promulgates rules of judicial con-
duct with the approval of the Court of Appeals.
(g)
Exercises such procedural rule-
making powers as are delegated by the legislature.
Such powers are exercised with the advice and con-
sent of the Administrative Board of the Courts.
'(h)
Adopts administrative rules for the
efficient and orderly transaction,of business in
the trial courts in consultation with the Adminis-
trative Board of the Courts or the appropriate Ap-
pellate Divisions.
(1)
Appoints administrative judges in
consultation with the presiding justice of the Ap-
pellate Division in whose department the court is
located.
(j)
Designates, in consultation with
the presiding justice of the appropriate Appellate
Division, two deputy chief administrators, one for
the trial courts in New York City and another for
the trial courts outside the city.
(k)
Establishes regular hours, terms
and parts of court, and assigns justices and judges
to them.
c. Office organization.
The total staff of the
administrative office is 438.
This Includes the
214 employees in the New York City statewide office
and 66 employees in Albany.
The Office of the Dep-
uty Administrator for the New York City Courts
(where the director of administration for New York
City courts is located also) is staffed with 122
persons.
The administrative offices of-the 2nd
(outside New York City), 3rd, and 4th Departments
have 12,
13, and 11 employees respectively.
The
Chief Administrator appoints directors of adminis-
tration in the 2nd, 3rd, and 4th Judicial Depart-
ments, who provide administrative support in budget
and personnel matters.
The professional staff pro-
vides support services in the following areas
policy formulation, and executive advice to the
Chief Judge; systems analysis, programming, and
computer- operations; records management; court re-
porting, trial court administratioq, court coor-
dination, other court services, facilities manage-.
ment, and court security; payroll, accounting,
auditing, budgeting, and purchasing; education, and
equal employment opportunities; personnel systems,
office management, and
ee relations, legis-
lative, executive, pub
c and
edia information,
and executive and legislative liaison; and planning
and research activities including statistical com-
pilation, judicial planning, research evaluation,
statistical analuis, legal services, and legisla-
tive drafting.
7
[Const., Art. VI, 628, Judicial Article Sec-
lltions 8,
20, 26, 28, 29, 30; 22nd Annual Re-
port, pp. 5-11;
Chief Judge's Delegation]
Quasi-JudicLal Officers
6.1.1 TRIAL COURTS
6.2.1 Referee
a. A court may designate either one or three
3.9:17
Figure 2: New Yorlk state-level administrative office of the courts, 1980
1
Deputy Chief
Administrative
Judge
(Courts outside
New York City)
Chief
ministrative
Judge
I
Assistant
Chief
Administrator
1
Directors of Administration
-2nd Judicial
Department
(Outside New
York City)
-3rd Judicial
Department
-4th Judicial
Department
,
Deputy Chief
Administrative
Judge
(New York City
Courts)
Director
of
Administration
(New York City
Courts)
1
1
Counsel
-1
1C0un5el'1 Officel
1
11=... 11 11, 1 IILm =1. .1
Public
Education
Budget
Management
Court
Equal
Employee
Informstion
and
and
Personnel
and
Information
Employment
Relations
Training
!inane.
Planning
Services
Opportunity
.
,
...
...
referees.
All referees must be attorneys unless
both parties consent to nonattorneys.
Referees are
selected by the court.
b. The referees serve the trial courts of New
York as needed.
The order of reference directs the
referee to determine the action or specific issues,
to report the issues, to perform particular acts,
or receive and report evidence only.
(C.P.L.R. Art. 431
6.1.2 FAMILY COURT
6.2.2 Hearing examiner
a. Hearing examiners are selected by the Chief
Administrator of the Courts.
Such examiners must
be attorneys who have been admitted to the New York
Bar for at least 4 years and have experience in
Family Court practice.
b. The examiner has the power to issue sub-
poenas, to administer oaths, and to direct the
parties to engage in and permit disclosure proceed-
ings.
Proceedings are conducted in the same manner
as a court trying an issue without a jury.
The
examiner's report can be accepted or rejected in
whole or part by the referring judge.
[Family Court Act, 1439]
Judicial Discipline
7.1 Commission on Judicial Conduct.
The commission
consists of 11 members, 4 of whom are appointed by
the Governor, 3 by the Chief Judge of the Court of
Appeals, and
1 each by the Speaker of the Assembly,
Temporary President of the Senate, Minority Leader
of the Assembly, and the Minority Leader of the
Senate.
The Governor's appointments must include
361
one lawyer, one judge, and two persons who are
neither lawyers or judges.
The Chief Judge must
appoint one Appellate Division justice and two
Other judges or justices, but they cannot be mem-
bers of the Court of Appeals or the Appellate Divi-
sions.
Legislative appointees cannot be active or
ree,tred judges or justices.
(Const., Art. VI, 122)
7.2
uthority and procedure for sanction.
The
organ'zation and procedures of the commission are
provid d by law.
The following procedures are
specifi d in the constitution.
The commission re-
ceives Or initiates, investigates, and hears all
complaintos against judges and justices.
The com-
mission cSn determine that a judge or justice be
admonishechl\ censured or removed from office for
cause, Inc uding but not limited to misconduct in
office, peraistent failure to perform his duties,
habitual intemperence, and conduct prejudIcial to
the administration of justice.
It may also deter-
mine that a justice or judge be retired for mental
or physical dissbility, which prevents the proper
performance of h,ts judicial duties.
All such de-
terminations are transmitted to the Chief Judge of
the Court of Appeals.
The chief judge provides
written notice of such to the judge under investi-
gation, who in turn has 30 days to request a review
of same by the entire Court of Appeals.
After its
review, the Court of Appeals may accept, reject or
modify the commission's determination.
If the leg-
islature so provides, coomission determinations re-
lating to town and village justices can be reviewed
by an Appellate Division, rather than the Court of
Appeals.
(Const., Art. VI, ;22; Judiciary Law Si40-48)
Figure 1:
North Carolina court system, 1980
Death or
life
imprisonment.
SUPREME COURT
7 jueticss
Jurisdiction.
- Direct appeals of death or life imprisonment
entences.
- Constitutional questions, dissent in Court of
Appeals, and Utilities Commission general rate-
making comes heard ss of right from Court of
Appeals
- Other appeals oe major interest, ascretionary.
COURT OF APPEALS
12 judges
Jurisdiction.
- Appeals from lower courts, Utilities tommission,
and Commissioners of Insurance.
'SUPERIOR COURT (33)
66 judges
Jurisdiction
- Civil action& over s5,000.
Probate and eminent
domain matters.
- Felony cases, some misdemeanors.
Appssla de novo of criminal Caste from the
Ditriv Court.
Appealil-from administrative agencies except
Utilities Commission, Industrial Commission,
and Commissioner of Insurance.
Jury trials.
DISTRICT COURT (33)
136 judges
Jurisdiction
Civil actions ss,000 or less, domestic
relations, and divorces.
- Misdemeanors, preliminitry hearings, And
ordinance violations.
-
Juvenile matters.
fury trimls-in civil attions.
No jury trials in criminal matters.
Civil
actions.
ItIndicates route of appeal.
330
Court of
last
resort
Intermediate
appellate
Court
Court of
general
jurisdiction
Court of
limited
jurisdiction
NORTH CAROLINA
Court of Cast Report
1.1 WM% COURT.
The Supreme Court is one of
the two branches composing the Appellate Division
(made up of the court of last resort and Intermedi-
ate appellate courts in the state) of the
General
Court of Justice (the court system of North
Carolina).
The sessions Of,the court are held in
Raleigh unleas otherwise determined by the General
Assembly.
There are tyo terms of court each year;
a spring term commencing on the
first Tuesday in
February and a fall term commencing on the first
Tuesday in.Septemher.
(Constaution, Article 1y, Sections 5, 6(2);
General 'Statutes (hereinafter Gen. Stat..)
Section 7A-5; Rules of Appellate Procedure
4
28,(a)(1))
1.2 Organization.
The Supreme Court does not sit
in panels.
Four just-Ices constitute a quorum.
[Gen. Stets. I7A-10)
1.3 Jurisdiction
a.'The Supreme Court has jurisdiction to issue
prerogative writs, including mandamus, prohibition,
'certiorari, and supersedeas.
b. Thp Supreme Court has jurisdiction to review
, on appeal
judgment of thi Superior Court that
,includes a sentence of death or life imprisonment,
unless the judgment was based upon a plea of guzlty
or nolo contendere.
The court has jurisdiction to review decisions
of the Court:of Appeals rendered in cases that
directly involve a substantial question arising
under the Constitution of the United States or of
North Carolina, in which there is a dissent, or
whtch involve review of a decision of the North
Carolina Utilities Commission in a general rate-
making case.
These appeals from the Court of Ap-
peals are as of right.
In any caUse in which appeal haa been taken to
the Court of Appeals (except in a cause appealed
from the North Carolina Utilities Commission or the
North Carolina Industrial Commission, or a case
in-
volving review of a postconviction proceeding), the
Supreme Court may, in its discretion on motion of
any party to the cause or on its own motion, ter-
rify the cause for review by the Supreme Court,
either before or after It has been determined by
the Court of Appsals.
The Supreme Court has discretionary review be-
fore determination of the cause by the Court of
Appeals when it appears to the Supreme Court that
the subject matter of the appeal has significant
public interest, when the cause involves legal
principles of major significance td the jurispru-
dence of the state, when delay in final adjudica-
tion is likely to result from failure to
certify
and thereby cause substantial harm, or when the
workload of the other courts of the Appellate
Division is uch that the xpeditious adminis-
tration of justice requires certification.
[Gen. Stat.. ff7A-27, 7A-30, 7A-31, 7A-321
363
1.4 Justices (7)
a. The position of Chief Justice is a separate
office.
A candidate must file for and run for the
office of Chief Justice.
The Chief Justice srves
a term of 8 years.
b. Supreme Court justices must be United States
citizens, must have a law degree, must be admitted
to the North Carolina Bar, must be at
least 21
years of age and must have been a resident
of the
state for at least
1 month.
c. Supreme Court justices are elected to 8-year
terms by the qualified voters of the state in par-
tisan elections.
All vacancies are filled by
gubernatorial appointment effective until the next
general election.
(Coast., Art. IV, 1,16, 19; Gen. Stets. I7A-10;
Administrative Director)
1.5 Administration
a. The Supreme Court exercises
administration
and supervision over the entire court system
through the Chef Justice, the Administrative
Director of the Courts, the chief judge of the
Court of Appeals, resident judges of the Superior
Court, 8 trial court administrators, and the chief
district judges.
Reference Section 5.1 (General
administrative authority).
The Chief Justice also
performs specific administrative duties for the
Supreme Court.
b. The Administrative Director provides admin-
tstrative services for the Supreme Court.
Refer-
ence Section 5.2.h (state-level
administrator).
c. The position of Supreme Court
clerk is
authorized by statute.
The clerk is appointed and
serves at the pleasure of the court.
There are no
formal provisions for assigning administrative
duties to the clerk.
In practice, the clerk super-
vises the docket, the printing office, and his own
staff.
[Gen. Stars. I7A-11; Administrative Director)
1.6 Rule-making..
The sonstitution proVides that
the Supreme Court has exclusive authority to make
rules of procedure and practice 'for the Appellate
Division.
The General Assembly may make rules of
procedure and practice for the Superior Court
and
District Court Divisions; however,, the General
Assembly may delegate this authority to the Supreme
Court.
If the legislature toes delegate this
power, the legislature may still alter, amend, or
repeal any rule of procedure or practice adopted
by the Supreme Court for the Superior Court or
District Court Divisions.
Case law on rule-making
indicates that Supreme Court rules are mandatory
and are strictly enforced.
Although the Supreme
:
Court has general power to supervise and control
the proceedings of any of the other courts,
there
are no formal provisions regarding rules for court
administration.
(Const., Art. IV, 113(2); Gen. Stata. I7A-32;
Pattern Rules of Court and Code Provision, P.
3791
3'
14's
Intermediate Appellate Coure
2.1 COURT OF APPEALI.
The Court of Appeals is one
of the two branches composing the Appellate Divi-
sion of the General Court of Justice.
The court
sits in Raleigh, and at uch other locations as the,
Supreme Court may designate.
The chief judge
schedules ssss ions of the court as required to dis-
charge expeditiously the court'a business.
(Const., Art. IV, 15;'Gen.' Stets. 117A-16,
7A-191
2.2 Organization
The Court of Appeals sits in panels of three
judgib each.
(Gen. Stets. 17A-16]
2.3 Jurisdiction
a.,The Court of Appeals has no original juriz-
diction.
b. The Court of Appeals has jurisdiction to
-
issue remedial and prerogative wr,its.
The court,
pursuant to General Statutes 117A-26, 7A-27, 7A-29,
7A-666, and 7A-725 hears the following appeals:
(1)
From final judgments of the Superior
Court, including judgments entered in a postconvic-
"'
tion hearing and final judgments entered on review
of a decision of an administrative agency.
(2)
From any final judgment of a District
Court in a civil action.
(3)
From any interldcutory Order or judg-
ment of a Superior Court or District Court in a
civil action or proceeding that:
(a) Affects a substantial right;
(b) In effect determines /he action and
prevents a judgment from which an appeal might be
taken;
(c) Discontinues the action; or
(d) Grants or refuses a new trial.
(4)
From any other order or jUdgment of the
Superior Court from which an appeal is authorized
by statute.
(5)
From judgments in juvenile proceedings.
(6)
From a final order or decision'of the
North Carolina Utilities Commissioner or of the
North Carolina Industrial Commissioner.
,
(Gen. Stets. 17A-32]
2.4 Judges (12)
a. The Chief Justice of the Supreme Court
designates one of the judges of the Court of AR-
peals to serve at his pleasure as chief judge.
b. Court of Appeal judges must meet.the sem
quatificatibns as Supreme Court j6Mtices.
Refer-
l'ence Section 1.4.b.
c. Court of Appeals judges'are selected in the
same manner and for the ame term as SupreMe Court
Justices.
Reference Section
(Gen. Stets. I7A-16; Administrative Director]
2.1,Administration
a. The chierjudge assign1 members to panels
in such'a fashion diet each member sits a substan-
tially equal numher,of times with'eachrother mem-'
ber.
He presides o0er the panel of which he is a
member, and designmtes the presiding judges of the
other panel(s).
The chief-judge also schedules
sessio:iof the court as required io discharge ex-
pediti
ly the court's business.
He recalls any
emergency judge who, in his opinion, is competent
to perform the duties of a judge of tbe Court of
Appeals, to serve temporarily in the place
of the judge in whose behalf he is recalled. An
order of recall may be issued by the Chief Justice
upon satisfactory medical proof of the facts upon
which the order of recall must be based.
364
b. The Administrative Director provides admin-
istrative services for the Court of Appeals.
Ref-
erence $ection 5.2.b (snate-level administrator).
C. A clerk is appointed by the Court of Appeals
to serve tt its pleasure.
The clerk supervises the
docket and his own staff.
(Gen. Stets. 117A-16, 7A-19, 7A20, 7A-39.5,
7A-39.9; Administrative Director]
2.6 Rule-makinii.
The Supreme Court makes rules of
procedure and practice for the Court of Appeals.
Subject to the approval of the Supreme Court, the:
Court of Appeals may promulgate,such supplementary
rwles as it deems necessary and appropriate for the
discharge of the judicial business lawfully as-
,
signed to it.
(Const., Art. IV, 113; Gen. Stets. 17A-16]
Couteof General Jurisdiction
3.'t SUPERIOR COURT.
This court"ie also known as
the Superior Court Diision.of the General Court
of Justice..
TheCourt is open-at ill times.
(Const:, Art. IV, 112, 9, Gen. Stets. 17A-401
3.2 Organtzation,
ThelGeneral Aisembly is autho-
rizedprdi4idtrtthe stiite into 0 convenient number
of Su
rior Co
_judicial districts and-provide
for at least one Superior Court judge It each dis-
trict.
The counties of the state are organized
into 4 judicial divisions and 33 judicial dis-
tricte.
Each district is compoied of from one to
seven counties and has from one to five resident
Superior Court judges'as specified by law.
The
Superior Court sits in the county seat of eich
county.
The constitution provides that the principle
of rotating Superior Court judges among'the various
districts of a division is 'a salutary one and shall
be observed.
Accordingly, Superior Court judges
rotate or "ride circuit" from one district to an-
other within their divisions. Each regular judge
holds court 6 months in his district of rWsidence
and then 6 months in the next district and so qn
until he has presided for 6 months in eacb district
of his division.
When he rotates to a district
that has two or,three resident judges, his rotatiOn
period in that district is lengthened accordingly,'
to 12 or 18 months.
A regular judge, therefore,
spends only 6 months in every 4 1/2 to 5 1/2 years
holding court in his district of residence% 'piny
regular judges thus spend months or years hording
court as'far as 200 miles or more away from their
homes, commuting on weekends or, in some instances,
establishing a second home in the district to which
temporarily assigned.
North Carolina is unique
among the states in the extent to which it carries
rotation of the judges of its major trial courts.
(Const., Art. IV, 119(1), 11; Gen. Stets.
117A-41, 7A-421 North Carolina's General Court
of Justice, p. 7)
3.3'Jurisdiction
a. The constitution provides that except is
otherwise provided by the General Assembly, the
Superior Court has litiginal, general jurisdiction
throughout the state.
In regard to criminal juris-
diction, ttle Superior Court has exclAsive original
jurisdiction over all felonies,,and may try misdé-
meanors in certain situations specified by law.
In regard to civil jurisdiction, the Superior
Court and the District Court have concurrent origi-
nal jurisdiction, except in probate cases.
The
Superior Court has exclusive jurisdibtion in con-
tested ptobate cases.
(Probate cases are initially
3
'2
heard by the Superior Court clerks, who act as eic
officio judges of probatt).
The Superior Court is
"the proper division for the trial of all civil
actions in which the amwount in controversy exceeds
$5,000."
A judgment,'however, may not be voided
for the sole reason that it was rendez-ed in a court
in which the case was improperly initiated.
Ac-
cording to the General Statutes, the Superior Court
is also the proper division for such cases involv-
ing injunctions, guardianshrp and trust adMinistra-
tion, remedies of mandamus, eminent domain actions,
corporate receiverships, and decisions of adminis-
trative agencies.
b. The Superior Court has appellate jurisdic-
tion over misdemeanors appealed from the District
Court.
The court hears criminal appeals trial de
noSio from the District Court.
[Const., Art. IV, 112(3)% Gen. Stat.. II7A-240,
7A-242, 7A-243, 7A-245, 7A-246, 7A-247, 7A-249,
7A-250; Administrative Director]
3.4 Jud es (66)
a. There are no provisions for a chief judge
over all the districts of the Superior Court.
There is a senior regular resident judge in each
Superior Court jurisdicfion$l area.
b. Superior Court jidses must meet the same
qualifications as Supr
e Court justices.
Refer-
ence Section 1.4
T
y must also have been res-
idents of the gegraphiI jurisdiction they serve
for at least on
month.
c. Superior
ourt jud
s are selected in the
same manner and for the same-yerm as Supreme Court
)
justices.
Refeence Section 1.4.c.
The Governor
may also appoinI eight special Superior Court
judges.
[Gen. Stats., II7A-41, 7A-45; Administrative
Director]
3.5 Administration
a. Whereas there is no proviSion for a chief
judge over all the districts of the Superior Court,
there is a senior regular resident judge in each
judicial area.
Senior regular resident judges and
regular resident judges po sssss eqUal judicial
jurisdiction, power, authority, and status, but all
duties placed by the constitution or statutes on
the resident judge of a judicial district, includ-
ing the appointment to and removal from office of
clerks, magistrates, and other personnel, 'filch are
not related to a case, controvelpy, or judicial
proceeding and which do not invflve the exerdlpe'
of judicial power, are diacharged by the senior
regular resident judge.
A senior regular resident
judge in a multi-court district may, however,
decline to exercise this authority.
Upon serving
such a notice to the Administrative Director of the
Courts, this authority is exercised by the regular
.
resident judge next senior in point of service or
age, respectively.
b. There are no provisions for an administrator
over all the districts cif the Superior Court.
Experimental administrator positions id Judicial
Districts 10, 22,'and 28 were given permanent sta-
tus effective July 1, 1979.
At.the same time,
state funds were provided for additional adminis-
trators Co be located in districts Seleited by the
Administrative Director.
There are currently eight
administrators.
Thg new law directs the adminis-
trators to assist the resident judge in managing
the civil dbcket, to improve juror utilization, and
to perform other duties assigned by the.senior res-
ident judge or any judge designated by him.
Refer-
ence Section 5.2.b (state-level administrator).
365
%.
c. The clerks are elected to 4-year terms by
the qualified voters oreach county.
The clerks
supervise case and fiscal record keeping and their
staff.
They serve as ex officio judges of probate
in the Superior Court.
The clerks appoint the
assistants, deputies, and dther employees in their
offices to serve at their pleasure.
The clerks of
the Superior Court also serve as clerks of the
District Court.
[Gen. Stets. SS7A-40, 7A-41, 7A-100, 7A7102,
VA-180, 7A-355, 7A-356; Administrative
irector]
3.6 Rule-making..
Reference Section 1.6.
lor
Court of Limited or Special Jurisdiction
4.1 DISTRICT COURT.
This (flirt is also known as
the District CoUrt Diviliorof the General Court
of Justice.
The court is open at all times.
[Const., Art. IV, 12; Gen. Stets. 117A-130,
7A-1901
4.2 Organization.
The General Amsembly is autho-
rized to divide the state into a convenient number
of local court districts, but a District Court must
sit in at least one place in each county.
The num-
ber and boundaries of the districts are identical
to those of the Superior Court.
Prior to January
1 of each year in which elections for District
Court judges are to be held, the Administrative
Director may, with the approval of the chief dis-
trict judge, designate one or more judgeships in
districts having three or more judgeqips as sOe-
cialized judgeships, naming in each,case the spe-
cialty.
The designation of a specialized judge-
ship in no way impairs the right of the chief dis-
trict judge to arrange sessions for the trial of
specialized cases and to assign any district judge
to preside over these seisions.
A judge elected
to a specialized judgeship has the same powers as
a regular district judge.
The policy of the state
is to encourage specialization in juvenile cases
by District Court judges who are qualified by
training and temperament to be ekfective in relat-
ing to youth and in the use of appropriate commu-
nity resources to meet thedr needs.
The Adminis-
trative Office of the Courts is therefore autho-
rized to encourage judges who hear juvenile cases
to secure appropriate training whether or not they
were elected to a specialized judgeship.
In dis-
tricts where there is a District'Court judge who
is certified as qualified to hear juvenile cases,
the chief district judge assigns such cases to
this judge where practical and feasible.
[Const., Art. IV, 110; Gen. Stets. SS7A-130,
7A-1471
4.3 Jurisdiction
a. The,District Cdurt has jurisdiction in
felony cases to conduct preliminary hearings.
The
court has exclusive,.original jurisdiction for the
trial of criminal actions, including municipal
ordinance violations, below the grade of a felony.
In regard to civil jurisdiction, the Superior Court
and the District Court have concurrent original
jurisdiction, except in probate cases.
The Dis-
trict Court is the proper division for the trial
of all civil actions in which the amount in contro-
versy is $5,000 or less.
It
is also the proper
division, without regard to the amount in contro-
versy, for the trial of domestic re1ations causes
(i.e., annulment, divorce, alimony, child support,
and child custody).
The court also has exclusive,
original jurisdictiod over juvenile matters.
Mag-
istrates, who are officers of the District Court,
have specific jurisdiction oyer petty criminal and
civil matters within the jurisdiction of the Dis-
trict Court.
Reference Section 6.2.
b. The District Cour( has no appellate juris-
diction.
(Gen. Scats. 117A-240, 7A-242, ,A-243, 7A-272,
7A-2791
4.4 Judges (1)6)
a. The Chief Justice of the Supreme Court
des-
ignates one of the District Court judges from each
district to serve as chief district judge for a 4-
year term.
b. District Coilt judges must have been resi-
dents of the distric
in whic
they serve for at
least one month.
Sever,th
36 judges are not
attorneys.
c. District Court jud
are elected to 4-year
terms by the qualified voter
of their respective
districts.
[Const., Art. IV,
110,c G
.
State. 117A-140,
7A-141; Administrative
rector]
4.5 Administration
a. The chief district
udges, subject to the
general supervision of th
Chief Justice of the
.
Supreme Court, have admi
strative supervision and
authority over the oper
ion of the District Courts
and magistrates in the
districts.
Their powers
and duties include,
t are not limited to, the
following:
(1)
A
nging schedules and assigning dis-
trict ju
for sessions of District Courts.
(2)
Arranging or supervising the calendar-
ing of noncriminal matters for trial or hearing.
(3)
Supervising the clerk of the Superior
Court in the discharge of the clerical functions
of the District Court.
(4)
Assigning matters to magistrates (ref-
erence Section 6.2), and prescribing times and
places at which magistrates will be available for
thclierformance of their duties.
(5)
Making arrangements with proper author-
ities for the drawing of civil court jury panels
and determining which sessions of District Court
will be jury sessions.
(6)
Arranging for the reporting of civil
cases by court reporters or other authorized means.
(7)
Arranging sessions, to the extent prac-
ticsble, for the trial of specielized cases, in-
cluding traffic, domestic relations, and other
typet of cases, and assigning district judges to
preside'over these sessions so as to permit max-
imum pfacticable specialization by individual
judges.
(8)
Promulgating a schedule of traffic
offenses for which magistrates and clerks of court
may accept wratten appearances, waivers of trial,
4nd pleas of guilty, snd establishing a schedule
of fines therefor.
(9)
Assigning magistrates, in an emergency,
to temporary duty outside the county of their
resi-
dence, but within the district.
(10) Designating another district judge of
his district to act as acting chief district judge
during the absence or disability of the chief dis4
trict judge.
Subject to the general supervision of the Chief
Justice, the assignment of district judges within
each local court district is made by the chief
distr'ict judge of Ahat district.
b. There are no formal provision, for adminis-
trators for thE District Courts.
Reference Section
5.2.b (state-level administrator).
c. The clerks of the Superior Court also serve
as clerks of the District Court.
Reference Section
3:5.c.
[Const., Art. IV, 112; Gen. State. 17A-146,
7A-180]
4.6 Rule-making.
Reference Section 1.6.
State-Level Administration
5.1 General administrative authority.
The Supreme
Court has general power to supervise and control
the proceedings of the courts.
The Chief Justice
works closely with the Administrative Office of the
Courts with regard to court administrative matters.
The Chief Justice, acting in accordance with rules
of the Supreme Court, makes assignments of judges
of the Supericg- Court and may transfer District
Court judges from one district to another for tem-
porary or specialized duty.
The Chief Justice may'
recall any emergency justice (a retired justice of
the Supreme Court or a retired judge of the Court
of Appeals) who, in his opinion, is competent to
perform the duties of a justice or judge, to serve
temporarily in the place of the justice or judge
in whose behalf he is recalled.
An order of re-
call may be issued by the Chief Justice upon satis-
factory medical proof (that the judge is temporar-
ily incapable of performing efficiently the duties
of his office) of the facts upon which the order
of recall must be based.
Whenever it appears to
the Chief Justice that there is need for a special
session of the Superior Court in any county, he may
order such a session.
Reference Section 1.5.a.
[Const., Art. IV, Ill; Gen. State. 117A-32,
7A-39.1, 7A-39.5, 7A-39.9, 7A-46, 7A-141; North
Carolina's System of Crime Prevention and Crim-
inal Justice, Vol.
6611
5.2 Administrative Office of the Courts
a. The constitution provides that the General
Assembly establish an Administrative Office of the
Courts.
b. Administrative Director of the Courts
(1)
The position of Administrative Director
of the Courts is provided for in the General Stat-
utes.
(2)
Qualifications are informally estab-
lished for the position of Administrative Director
of the Courts.
At present the Administrative
Director must po sssss a college degree and a law
degree.
The Administrative Director is appointed
by the Chief Justice of the Supreme Court and
serves at his pleasure.
(3)
The kiministrative Director's duties
include the following:
(a) Collect and compile statistical
data and other information on the judicial and
financial operation of the courts and on the opera-
tion of other offices directly related to and serv-
ing the courts.
(b) Determine the state of the dockets
and evaluate the practices and procedures of the
courts, and make recommendations concerning the
number of judges, district attorneys, and magis-
trates required for the efficient administration
of justice.
4
(c) Prescribe ueiform administrative
and business methods, syste s, forms, and records
to be used in the offices o
the clerks of Superior
Court.
(a) Prepareafd submit budget estimates
of state appropriati
s necessary for the mainte-
nance and operation of the Judicial
Department, and
'f
366
Figure 2: North Carolina state-level administrative office of the courts, 1980
Assistant
Director for
Msnagement
Services
m
Fiscal
Services
Records
Management
.(nformetion
Services
Director
Personnel
Trial
Court
Services
Assistant
Director
for Legsl
Services
Juvenile
Services
Couneel
3c-d'J
Research
and
Planning
authorize expenditures from funds appropriated for
these purposes.
(e) Investigate, make recommendations
concerning, and assist in the securing of adequate
physical accommodations for the General Court of
Justice.
(f) Procure, distribute, exchange,
transfer, and assign such equipment, books, forms,
and supplies as are to be acquired with state funds
for the General Court; of Justice.
(g) Make recommendations for the im-
provement of the Judicial Department.
(h) Prepare and submit an annual report
on che work of the Judicial Department to the Chief
Justice, and transmit a copy to each member of the
General Assembly.
(i) Assist the Chief Justice in per-
.
forming/6s duties relating to the transfer of
Distri&t Court judges for temporary or specialized
duty.
(j) Perform such additional duties and
exercise such additional powers as may be pre-
scribed by statute or assigned by the Chief
Justice.
In addition, the Administrative Director super-
vises and coordinates the operation of the laws and
regulations concerning the assignment of legal
counsel for indigent persons; advises and cooper-
ates with the offices of the public defenders as
needed to achieve maximum effectiveness in the dis-
rcharge of the defender's responsibilities; collects
data on the operation of the assigned counsel and
the public defender systems, and makes such recom-
mendations to the General Assembly for improvement
in the operation of these systems as appear to him
to be appropriate; and accepts and utilizes federal
or private funds, as available, to improve defense
services for the indigent, Including indigent juve-
niles alleged to be delinquent or undisciplined.
To facilitate processing of juvenile cases, the
Administrative Director is further authorized, in
any judicial district, with the approval of the
chief District Court judge, to engage the services
of a particular attorney or attorneys 'to provide
specialized representation on a full-time or part-
time basis.
c. Office organization.
The Administrative
Office of the Courts consists of 100 people:
46
professionals (Including the Administrative Direc-
tor) and 54 clerical personnel.
An assistant di-
rector is appointed by the Chief Justice and serves
at his pleasure.
The Administrative Director may
appoint such other assistants and employees as are
necessary to enable him to perform the duties of
the office.
The staff provides support services
in the following areas:
systems analysis, pro-
gramming, forms development, field representation,
and statistics; probation coordination, trial court
administration, and records management; accounting,
budgeting, and purchasing; education and training;
personnel systems; and statistical compilation,
planning, research, evaluation, statistical analy-
sis, and legal services.
[Const., Art. IV, 115; Gen. Stats. 17A-340 to
I7A-346: ttate Court Administrators, p. 82;
Administrative Director]
Quasi-Judicial Officers
6.1 DISTRICT COURT
6.2 Magistrate
a. The senior regular resident Superior Court'
judges, from the nomination* submitted by the
clerks of the Superior Court, appoint magistrates
to fill the minimum quota established for the
counties of their districts.
b. The constitution authorizes the General
Assembly to prescribe the jurisdiction and powers
of magistrates.
In criminal actions, the magis-
trate has-power to accept guilty pleas and enter
judgments in misdemeanor cases (other than traffic
offenses) in which the maximum punishmene cannot
exceed 30 days of imprisonment or a $50 fine; and
in traffio offenses, to accept written appearances,
waivers of trial, and pleas of guilty and, in
accordance with a schedule of offenses and fines
promulgated by the chief district judge, to enter
judgments.
The magistrate also has the power to
issue arrest warrants valid throughout the state
and search warrants valid throughout the county;
to grant bail before trial for any noncapital
offense; to hear and enter judgment as the chief
judges may direct in all worthless check cases
where the amount of the check is $400 or less,
restitution is made, and the warrant does not
charge a fourth or subsequent violation of the
statute.
In civil actions, magistrates may hear small
claims actions, which are defined as actions where
the amount in controversy does not exceed $800.
The plaintiff must request assignment of the small
claim to a magistrate, and at least one of the
defendants must be a resident of the county in
which the magistrate resides.
Magistrates are authorized to perform various
quasi-judicial or administrative functions, such
as performing marriage ceremonies.
These
additional powers are set forth in the-General
Statutes.
[Const., Art. IV, 5124(4); Gen. Stets.
517A-171, 7A-210, 7A-211, 7A-273, 7A-292]
Judicial Discipline
7.1 Judicial Standards Commission.
The commission
consists of one Court of Appeals judge, one Supe-
rior Court judge, and one District Court judge,
each appointed by the Chief Justice of the Supreme
Court; two members of the state bar who have
actively practiced law in the courts of the state
for at least 10 years, elected by the State Bar
Council; and two citizens appointed by the Gover-
nor who are neither judges, active or retired, new
members of the state bar.
The Court of Appeals
judge serves as chairman.
[Gen. State. 57A-375]
7.2 Authority and procedure for sanction.
Any
citizen of the state may file a written complaint
with the commission concerning the qualifications
or conduct of any justice or judge of the General
Court of Justice, and thereupon the commission
makes such investigation as it deems nece5sar4.
The commission may also make an invgstigation on
its own motioh.
The commission i5 authorized to
issue process to compel the attendance of witnesses
and the production of evidence, to administer
oaths, to punish for contempt, and to prescribe its
own rules of procedure.
No justice or judge may
be recommended for censure or removal unless he has
been given a hearing affording due pYocess of law.
All papers filed with and proceedings before the
commission are confidential, unless the judge in-
volved otherwise requests.
The recommendations of
the commission to the Suprime Court, and the record
filed in support of the recommendations, are not
confidential.
Upon recommendation of the 'commi5-
368
3SC
sion, the Supreme Court may censure or remove any
judge for willful misconduct in office, willful and
persistent failure to perform duties, habitual in-
temperance, conviction of a crime involving moral
turpitude, or conduct prejudicial to the adminis-
tration of justice that brings the judicial office
into disrepute.
Upon recommendation of the commis-
sion, the Supreme Court may remove any judge for
mental or physical incapacity that is or is likely
to become permanent, interfering with the perform-
ance of duties.
When the commission recommends
discipline of a Supreme Court Justice, action is
taken by the Court of Appeals.
[Gen. State. WA-376, 7A-3781
369
3 0 -1
1/4., i
Figure 1: North Dok o court system, 1980
SUPREME COURT
5 justices
Jurisdiction
- Final appellate lurisdiction in civil
and criminal matters from District Court
snd County Court with Increased
Jurisdiction.
DISTRICT COURT (7)
24 judges
DISTRICT COURT
Jurisdiction .
All civil
actions except
as otherwise
provided by law.
Felony,
misdemeanor.
FAMILY COURT
DIVISION
JuriedictIon
Domestic
relations,
JUVENILE COURT
DIVISION
Jurisdiction .
- Exclusive
juvenile
jurisdiction.
Appeals de novo.
Jury trials.
COUNTY COURT WITH INCREASED JURISDICTION (17)
17 judges
Jurisdiction.
- Civil sc..iona under $1,000.
Small Claim.
under $1,000.
Criminal jurisdiction in
probate, testamentary, and guardimnship
matters.
- Misdemeanors, preliminary hearings.
Appeals de novo
Jury trials.
MUNICIPAL COURT (187)
190 judges
Jurisdiction
- City ordinamca,iolations.
No jury trials.
116
Indicate, route of appeal.
Probate
COUNTY COURT (36)
36 judges
Jurisdiction
Probate, guardimnship,
and other testamentary
No Jury trials.
370
COUNTY JUSTICE COURT (36)
36 judge.
Jurisdiction
Civil action. under $200,
except boundary or title
disputes.
- Misdemeanors, preliminary
hearings.
Jury trials.
3 ..,
Court of
last
resort
Court of
general
jurisdiction
Courts of
limited
jurisdiction
NORTH DAKOTA
Court of Last Resort
1.1 SUPREME COVRT.
General terms of the Supreme
Court are held monthly at Bismarck, the state capi-
tal, commencing on the first Tuesday of each month
with the exception of July and August.
Spectal
terms may be helo at
such times and places as
desighated, upon 10 days noticr.
[North Dakota Century Code (hereinafter
N.D.C.C.) Section 27-02-06]
1.2 Organization.
A majority of the court is
necessary to constitute a quorum or to pronounce a
decision.
The court may not declare a statute un-
constitutional unless at least four justices so
decide.
Because a majority of justices must concur
in order to pronounce a judgment, the case must be
reheard if a majority does not concur.
The failure
to reach a msjority after two rehearings consti-
tutes affirmance of the judgment.
IConstitution, Article IV, Section 88; N.D.C.C.
127-02-221
1.3 Jurisdiction
a. The Supreme Court has original jurisdiction
to issue, hear, and determine such original and
remedial writs as may be necessary to exercise its
jurisdictton.
The court may exercise original
jurisdiction only in habeas corpus cases and in
cases of public concern that affect the sovereign
rights of the state or its franchises or privi-
leges.
b. The Supreme Court has appellate jurisdic-
tion.
The court hears appeals from the District
and County Courts with Increased Jurisdiction.
Appeals of criminal matters to thelSupreme Court
may be taken as a matter of right.
(Const., Art. IV, S86; N.D.C.C. 5527-02--4,
29-28-03, North Dakota Judicial Council Statis-
tical Compilation and Report p.
71
1.4 Justices (5)
a. The Chief Justice is elected by the justices
of the Supreme Court and judges of the District
Court to a 5-year term or until his term expires,
whichever occurs first.
The Chief Justice may
serve consecutive terms.
b. Supreme Court justices must be citizens of
the United States and residents of North Dakota.
They must also be learned
in the law.
c. Supreme Court justices are elected to 10-
yeti. terms on a nonpartisan statewide ballot.
Vacancies of unexpired terms are filled by guber-
natorial appointment from a list of candtdates sup-
plied by the Judicial Nominating Committee (refer-
ence Table 12:
Characteristics of judicial nomt-
hating commissions), unless the governor calls a
special election.
(Const., Art. IV, IS91, 93, 97; N.D.C.C.
127-02-01, Office of the State Court Adminis-
trator]
371
1.5 Administration
a. The Chief Justice is the administrative head
of the unified judicial system.
He exercises ad-
ministration and supervision over the entire court
system through the State Court Administrator, and
the presiding judges of the District Courts.
Ref-
erence Section 5.1 (General administrative author-
ity).
The Chief Justice has no specifically artic-
ulated administrative duties in regard to the Su-
preme Court.
b. Reference Section 5.2 b (state-level admin-
istrator).
c. The clerk is appointed by the justices of
Che Supreme Court.
He is responsible for the fol-
lowing administrative duties
employs and super-
vises deputies, assistants, and statf as necessary,
supervises the calendaring and assignment ot eases,
court records, statistical reporting and filing,
and the distribution and publication of opinions
of the Supreme Court, and serves as liaison with
the public, members of the bar, and the news media.
1Const., Art. IV, 587, N.D.C.C. 527-03-01;
Administrative Rule 5--19791
1.6 Rule-making.
The Supreme Court promulgates
procedural rules, administrative rules, and admin-
istrative orders for the unified judicial system.
The court's administrative policy provides a pro-
cedure for continuing study and review of rules and
orders of the Supreme Court, opportunity tor thP
expression of views regarding proposed and adopted
rules and orders, and a mechanism for thy amendment
and repeal of existing rules and orders.
[Rule on Procedural Rules, Administrative Rules
and Administrative Orders of the North Dakota
Supreme Court)
Intermediate Appellate Court
2.0 There is no intermediate appellate court in
North Dakota.
Court of General Jurisdiction
3.1 DISTRICT COURT.
The presiding judge of each
judicial district may assign terms of court wichin
his judicial district.
!Administrative Rule 2-1978)
3.2 Organizatton.
The state is divided into judi-
cial districts by order of the Supreme Court.
*
Seven districts came into being on July 1, 1979:
hie northwest, northeast, northeast central, east
central, southeast, south central, and the south-
west judicial districts.
In counttes having a population exceeding
10,000, and where a district judge whose chambers
are within the county determines conditions so
warrant, a division of the District Court called
the Family Court may be established.
The continued
3
establishment or termination of the Family Court
i by order of the district judge.
All district
judges within the district are judges of the Family
Court.
The Juvenile Court exists as a specialized
division of the District Court, pursuant to the
Uniform Juvenile Court Act.
[Const., Art. IV, 493; N.D.C.C. 1127-5.1-02,
27-20-02, 27-20-59; State Court Administrator]
3.3 Jurisdiction
a. The District Court has original jurisdiction
in all cases, except as otherwise provided by
law.
The court has authority to issue writs nec sssss y
forithe proper exercise of its jurisdiction.
The
District Court has common law jurisdiction and
authority within its respective judicial districts
for the redress of all wrongs committed against the
state affecting persons and property; power to hear
and determine all civil actions and proceedings;
and alf-lhe powers necessary to carry into execu-
tion its judgments, orders, and determinations,
subject to reexamination by the Supreme Court.
Jurisdiction of the Family Court Division is
specialized in order to protect the rights of
children, protect family life and matrimony, and
provide the means for the reconciliation of spouses
and the settlement of domestic and family contro-
versies.
4
The Juvenile Court Division has exclusive orig-
inal jurisdiction in the following proceedings
dealing with children
nder the age of 18 years and
not married or under th
age of 21 with respect to
a delinquent act committe
while under the age of
18:
(1) Proceedings in wtch a child is alleged
to be delinquent, unruly, or deprived.
(2) Proceedings for the termination of pa-
rental rights, excelit when part of an adoption
proceeding.
(3) Proceedings in which out-of-state juris-
diction is conferred.
ft
1
(4) Proceedings to obtain consent to mar-
riage, employment, or enlistment.
(5) Proceedings under the interstate compact
on juveniles or on placement of children.
b. The District Court has appellate jurisdic-
tion over all final judgments of county justices
and Municipal Courts; over all judgments, decrees,
and orders of the County Courts; and over deter-
minations of officers, boards, or tribunals of
lesser jurisdiction in such cases and pursuant to
such regulations as may be prescribed by law.
The
District Court also exercises appellate jurisdic-
tion over probate appeals from the County Court
with Increased Jurisdiction.
In addition, the
court has jurisdiction over appeals from County
Courts and actions by game and fish officials
involving the confiscation of materials determined
to be in excess of $1,000.
(Const., Art. IV, S92, N.D.C.C. 1S27-05-06,
27.05.1-01, 27-20-03, 30-26-01, 33-11-01,
33-12-34; Administrative Staffing ImRlications
Of COUrf System Unification in North Dakota
(hereinafter Administrative Staffing) p. 61
3.4 Judges (24)
a. There is no provision for a chief judge over
all the districts of the District Court.
Presiding
judges are selected for each district from the dis-
trict judges of each judicial district, by the
Chief Justice with the approval of the Supreme
Court.
Presiding judges are retained at the
pleasure of the Chief Justice.
b. District Court judges must meet the same
qualifications as Supreme Court justices.
Refer-
ence Section 1.4.b.
c. District Court judges are elected to 6-year
terms on a nonpartisan basis by the voters of their
respective judicial districts.
Vacancies of un-
expired terms are filled by gubernatorial appoint-
ment from a list of candidates supplied by the
Judicial Nominating Committee (reference Table 12:
Characteristics of judicial nominating commissions),
unless the Governor calls a special election.
(Const., Art. IV, IS93, 94, 97; NaD.C.C. ii16-
08-01, 16-08-07, 27-05-02, 27-05-03, 27-05-05,
27-11-01]
3.5 Administration
a. Whereas there is no provision for a
chieci....*
judge over all the districts of the District C
t,
there is a presiding judge for each judicial dis-
trict, who is the central administrative figure in
the district.
He is responsible for assigning
terms of court and assigning cases among the judges
of the district; for convening regular meetings of
the judges of the district; and for forwarding
copies of local judicial budgets to the State Court
Administrator.
He supervises the implementation
of all local administrative practice and procedure
regulations by all judges, clerks, and other
officers or employees of the courts.
b. There is no provision for an administrator
over all the districts of the District Court.
Reference Section 5.2.b (state-level administra-
tor).
Two judicial districts have created the
position of court administrator.
Two other dis-
tricts have created the position of administrative
assistant to the presiding judge.
The administra-
tors serve under the presiding judges and perform
nonjudicial administrative duties, including case-
flow management, jury management, budget prepara-
tion, records management, and a liaison function
with the public and the bar.
c. Each organized county has one clerk of the
District Court.
The clerk is responsible among
other duties for adjourning the court, keeping
records, collecting fees, and destroying certain
records.
IN.D.C.C. SS11-10-14, 11-17-01, 11-17-03,
11-17-04, 11-17-08, Administrative Rule 2-1978;
State Court Administrator]
3.6 Rule-making..
Reference Section 1.6.
Courts of Limited or Special Jurisdiction
4.1.1 COUNTY COURT.
The County Court sits in con-
tinuous session.
IN.D.C.C. S27-07-371
4.2.1 Organization.
There is a County Court in
each of the 36 counties in North Dakota.
Each
court has one county judge, whose chambers are
located at the county seat.
There are no special-
.
Ized divisions of the court.
IN.D.C.C. S27-07-14; State Court Administrator]
4.3.1 Jurisdiction
a. The County Court has exclusive original
jurisdiction in probate, guardianship, and testa-
mentary matters, including estates of decedents
(which Includes the construction of wills and
determination of heirs and successors of dece-
dents); estates of protected persons; protection
of minors and incapacitated persons in guardianship
iaatters; and trusts (to the extent necessary for
372
3:)0
probate and testamentary jurisdiction).
The court
also has jurisdiction in the appointment of admin-
istrators and guardians, settlement of the accounts
of executors, administrators, and guardians, and
the sale of lands by executors, administrators, and
guardians.
The County Court
is not a court of rec-
ord and no jury trials are available.
b. The County Court has no appellate jurisdic-
tion.
)N.D.C.C. IS27-01-01, 27-07-02, 30.14)2-02,
Courts of Limited Jurisdiction, p. 2871
4.4.1 Judges (36)
a. The County Court does not have separate pre-
siding judges.
Reference Section 3.5.a.
b. Coupt; Court judges must be residents of
their respective counties.
c. County Court judges are elected to 4-year
terms by the voters of their respective counties
on a nonpartisan ballot.
(N.D.C.C. SII-I0-02, Administrative Staffing,
State Court Administrator)
4.5.1 Administration
a. The presiding judge of the judicial district
is the central administrative authority in the
district.
Reference Section 3.5.a.
b. There are no provisions for administrators
for the County Court.
Reference Section 5.2.b
(state-level administrator).
c. The clerk of each County Court may be
appointed by the judge thereof and serves at his
pleasure.
The judge is responsible for all the
clerk's official acts, and may at all times act as
his own clerk.
The clerk may sign records of the
court, certify transcripts and records of the
court, sign and issue subpoenas and citations, and
postpone any matter up to 30 days when a judge is
absent.
)1i.D.C.C. 527-07-24, 27-07-251
4.6.1 Rule-making.
Reference Section 1.6.
4.1.2 COUNTY COURT WITH INCREASED JURISDICTION.
Regular terms of court are held at the county seat
commencing the first Tuesday of each month.
Jury
terms are held when a defendant is confined in jail
and demands a trial or if five or more civil cases
are pending when a jury trial is demanded.
IN.D.C.C. S27-08-22I
4.2.2 Organization.
A County Court with Increased
Jurisdiction is established by vote of the electors
in counties of over 2,000 inhabitants.
There are
currently 17 counties with a County Court with
Increased Jurisdiction.
When judges of this court
are hearing small claims cases, the court is
refer-
red to as the Small Claims Court.
IN.D.C.C.
§27-08-01, 27-08.1-011
4.3.2 Jurisdict on
a. The Count
Court with Increased Jurisdic-
tion,
in additi n to its prior jurisdiction as a
County Court
a s concurrent jurisdiction with the
District Court in-all criminal actions below the
grade of felony and in all civil actions where the
demand does not exceed $1,000.
In addition, judges
may issue warrants and set bail, and act as commit-
ting magistrates.
The Small Claims Court judges exercise ju-
rAsdiction in cases involving $1,000 or less in
which actions are informal and no jury trials are
available.
b. The County Court with Increased Jurisdiction
has concurregt appellate jurisdiction with the Dis-
trict Court from final judgments of the Municipal
Court.
)N.D.C.C. iS27-08-20, 27-08-21, 27-08-30,
27-08-33, 27-08.1-01, 27-08.1-03)
4.4.2 Judges (17)
a. The County Court with Increased Jurisdiction
does not have separate presiding judges.
Reference
Section 3.5.a.
b. Judges in the County Court with Increased
Jurisdiction must be learned in the law.
c. Judges in the County Court with Increased
Jurisdiction are selected in the same manner and
for the same term as County Court judges.
Re-
ference Section 4.4.1.c.
)N.D.C.C. i27-08-08.1)
4.5.2 Administration
a. The presiding judge of the judicial district
is the central administrative officer in the dis-
trict.
Reference Section 3.5.a.
b. There are no provisions for administrators
for the County Court with Increased Jurisdiction.
Reference Section 5.2.b (state-level administra-
tor).
c. Clerks of the District Court are also the
clerks of the County Court with Increased Jurisdic-
tion, except in counties of 25,000 inhahitants or
more, where the clerk of the County (ourt with In-
creased Jurisdiction may be appointed by the county
judge.
The clerk of the County Court with In-
creased Jurisdiction is responsible for performing
the same duties as the clerk of the District Court.
Reference Section 3.5.c.
IN.D.C.C. Si27-08-11, 27-08-12, 27-08-13)
4.6.2 Rule-makin
.
Reference Section 1.6.
The
County Court with Increased Jurisdiction must fol-
low the rules pf the District Court, with special
,
exceptions.
IN.D.C.C. §27-08-24)
373
4.1.3 COUNTY JUSTICE COURT.
The County Justice
Court sits in continuous session.
IN.D.C.C. §33-01-02)
4.2.3 Organization.
County Justice Courts are
located in 36 counties.
Each county )ustice may
keep his office and hold court at a place selected
by the justice, provided
it
is within the county.
County Justices, when hearing small claims cases
(under $500), are referred to as Small (laims
Court.
(N.D.C.C. iS27-08.1-01, 33-01-01, State Court
Administrator)
4.3.3 Jurisdiction
a. The County Justice Court has criminal juris-
diction in misdemeanor violations of state law that
are committed within the county.
Justices may con-
duct preliminary hearings, issue search and arrest
warrants, and set and accept bail.
The court has
concurrent original jurisdiction with the District
Court in civil cases where the amount in contro-
versy is less than $200.
In no case do these
courts have jurisdiction when the boundaries of or
title to real estate comes in question.
Subject
to these limitations, the jurisdiction extends to
actions for the recovery of money (the counterclaim
is deemed a separate and distinct action), actions
to recover possession of personal property, actions
to foreclose a lien upon chattels or trespassing
animals; actions for forcible detainer of real
property, and entries of judgment by confession.
b. The County Justice Court has no appellate
jurisdiction.
IN.D.C.C. 5533-01-04, 33-01-08J
4.4.3 Judgits (36)
a. The County Justice Court does not have
3 91
separate presiding judges.
Reference Section
3.5.a.
b. County justices must be licensed to practice
law)lin North Dakota, but need not be voters of the
coun ies for which they
re elected or appointed.
c. County justices
re elected at the county
elections, nr if the
ositions are not filled by
election, the justic
will be appointed by the
Board of County Commissioners for their respective
counties.
If a qualified person cannot be found
or if no person will accept the position of county
justice, the Board of County Commissioners may sub-
mit three, names of qualified voters of the county,
of which'not more than two may be appointed to 4-
year terms by the senior district judge.
IN.D.C.C. SS27-18-01, 27-18-02, 27-18-06I
4.5.3 Administration
a. The presiding judge of the judicial district
is the central administrative officer in the dis-
trict.
Reference Section 3.5.a.
b. There are no provisions for administrators
for the County Justice Court.
Reference Section
5.2.b (state-level administrator).
c. A county justice acts as his own clerk.
IN.D.C.C. S33-01-021
4.6.3 Rule-making.
Pursuant to the powers of the
county justice, provisions of N.D.C.C. Title 28
(Judicial Procedure, Civil), Title 31 (Judicial
Proof), Title 32 (Judicial Remedies), and the North
Dakota Rules of Civil Procedure govern the proceed-
ings of the County Justice Court.
IN.D.C.C. S33-01-101
4.1.4 MUNICIPAL COURT.
The Municipal Court is open
every day except Sundays to hear and determine
CASeS.
IN.D.C.C. S40-18-05)
4.2.4 Orsanization.
There are approximately 187
Municipal Courts in North Dakota.
There are no
specialized divisions of the court.
(Annual Report 1977,
p.
34)
4.3.4 Jurisdiction
a. The Municipal Court has exclusive original
jurisdiction to hear, try, and determine all offen-
ses against the ordinances of the city.
b. The Municipal Court has no appellate juris-
diction.
IN.D.C.C. S40-18-01)
4.4.4 Judges (190)
a. The kunicipal Court does not have separate
presiding judges.
Reference Section 3.5.a.
b. Municiparl Court judges must be qualified
voters of their municipalities and must have been
residents thereof for at least 9 months preceeding
the election.
In cities with a population of 3,000
or more, the judge must be an attorney,
unless no
attorney is available.
In cities with a population
of less than 3,000, the judge need not be an attor-
ney, nor is he required to be a resident of the
city.
c. Municipal Court judges are elected.
Judges
elected in commission cities (those governed by a
Board of City Commissioners) and judges elected in
council cities (those governed by a City Council)
serve 4-year terms.
IN.D.C.C. SS40-13-01, 40-14-01, 40-14-02,
40-15-01, 40-15-02, 40-18101)
4.5.4 Administration
a. The presiding judge of the judicial
district
is the central administrative officer in the dis-
trict.
Reference Section 3.5.a.
b. There are no provisions for administrators
for the Municipal Court.
Reference Section 5.2.b
(state-level administrator).
c. There are no provisions for clerks for the
Municipal Court.
4.6.4 Rule-making.
The Municipal Court has no
rule-making power.
Reference Section 1.6.
[Office of State Court Administrator)
State-Level Administration
5.1 General administrative authority.
The Chief
Justice is the administrative head of the unified
judicial system.
He may assign judges, including
retired judges, for temporary duty in any court.
He also is responsible for appointing the State
Court Administrator and serving as Chairman of the
Judicial Council (reference Table 29
Judicial
councils and conferences).
Reference Section
1.5.a.
IConst., Art. IV, S87, N.D.C.C. S27-15-03)
5.2 Office of State Court Administrator
a. There is no specific authorization for the
adminilwative office.
b. State Court Administrator
(1) The position of State Court Administra-
tor is authorized by the state constitution.
(2) The State Court Administrator's qualifi-
cations are established by the Supreme Court.
He
must have a college degree, and prior experience
or special training in law and court services.
The
State Court Administrator is appointed by the Chief
Justice.
(3) The State Court Administrator prepares
the state budget, performs a liaison and spokesman
function, supervises management information sys-
frrnt
s, conducts research and provides assistance to
t e courts, disseminates information on the opera-
tion of the court system, and serves as Executive
Secretary of the Judicial Council.
c. Office organization.
The staff of the State
Court Administrator consists of nine people:
four
professionals and five clerical personnel.
There
are internal divisions of continuing education,
statistics, and planning.
Support services are
provided in the following areas.
systems analysis,
payroll and accounting, education, and planning and
research.
IConst., Art. IV, S87, Administrative Rule
1-1978, Administrative Staffing, p.
18, State
Court Administrators, pp. 84-85, State Court
Administrator)
374
Quasi-Judicial Officers
6.1.1 DISTRICT COURT
6.2.1 Juvenile supervisor
a. Juvenile supervisors are appointed by the
juvenile district judge.
In practice, they are
expected to have a college degree.
b. Juvenile supervisors may be responsible for
making investigations, reports, and recommendations
to the Juvenile Court; referring children to
agencies, supervising children on probation, and
making temporary orders not to exceed 30 days for
the custody and control of a deprived child.
In
addition, juvenile supervisors may be authorized
by the juvenile judge to conduct hearings on do-
mesttc relations matters.
They may not be autho-
rized, however, to preside over a proceeding for
divorce, separation, or annulment of a marriage.
IN.D.C.C. SS27-05-29, 27-20-05, 27-20-06)
Figure 2:
North Dokota state-level odministrotive office of the courts, 1980
\
rL 111
State
COu r t
Adainisireinr
_1_ _l_____
Finance
Juvenile
tducation
Planning
Inforaation
and
Service.
and
end
System
ludaei
Coordinator
Training
eeeee rkh
-Pk
46
Vl,
375
6.1.2 DISTRICT COURT
6.2.2 Referee
a. Referees are appointed by the juvenile dis-
trict judge.
They must be members of the state
bar.
b. Referees may conduct hearings on any case
in the first instance, preside at Juvenile Court
hearings, report findings and recommendations, and
determine if an act of delinquency has been commit-
ted.
Unless a review is ordered, upon the signa-
ture of the judge the findngs and recommendations
of the referee become the findings and order of the
court.
(N.D.C.C. i27-20-07(
6.1.3 COUNTY COURT WITH INCREASED JURISDICTION
6.2.3 Referee
a. The county judges with Increased jurisdic-
tion may appoint referees.
A referee must be "a
person versed in the law."
b. Duties and powets of referees are limited
to the Small Claims Court.
They have the same
duties as County Court judges with Increased Juris-
diction with regard to small claims.
(N.O.C.C. S27-08.1-08, North Dakota Civil Pro-
cedures, Rule S31
410
/PI
376
Judicial Discipline
7.1 Commission on Judicial Qualifications.
Members
of the commission include
one judge of the Dis-
trict Court, appointed by the District Judges
Association, one judge of the County Court with
Increased Jurisdiction, appointed by the County
Judges with Increased Jurisdiction Association,
one lawyer, appointed by the Executive Committee
of the State Bar Association, and four lay
citizens, appointed by the Governor.
(N.D.C.C. 127-23-021
7.2 Authority and procedure for sanction.
The com-
mission:is empowered to investigate complaints
against all justices and judges and Small Claims
Court referees in the state.
It conducts hearings
concerning the discipline, removal, or retirement
of any judge.
After conducting its investigation,
the commission presents its' recommendation to the
Supreme Court, which may retire a judge for dis-
ability, or censure or remove a judge for willful
misconduct, willful failure to perform, willful
violation of the code of judicial conduct, or ha-
bitual Intemperance.
1N.D.C.C. 427-23-031
')r) A
0 " -1
OHIO
Court of Last Resort
1.1 SUPREME COURT.
The'court meets for its regular
term at Columbus beginning in January of each year.
It may hold special or adjourned sessions as a
majority of the justices determine.
[Ohio Revised Code (hereinafter O.R.C.)
Sections 2503.33, 2503.341
1.2 Organization.
The Supreme Court does not sit
in panels or divisions.
1.3 Jurisdiction
a. The Supreme Court has original jurisdiction
in quo warranto, mandamus, habeas corpus, prohibi-
tion, procedendo, and in any cause on review as may
be necessary to its complete determination.
It
also has original jurisdiction in all matters
relating to the practice of law.
It has exclusive
jurisdiction in all cases challenging the adoption
or submission of a proposed constitutional amend-
ment to the voters.
b. The Supreme Court has jurisdiction over
appeals from Court of Appeals decisions in the fol-
lowing:
(1) Cases of felony on leave first obtained.
(2) Cases where conflicting decisions have
been rendered by different divisions of the Court
of Appeals.
(3) CA
blic or great general inter-
est.
(4)"
ight appeals In'tases origi-
nating in
wells or involving the
death pen
itutional question.
The c
evisory jurisdiction over
the procee
nistra-tivte officers or
agencies as provided b
law.
[Constitution, Article IV, Section 2; ConstA,
Art. XVI, Sl]
1.4 Justices (7)
a. The Chief Justice is elected to,a 6-year
term by the voters in a statewide non-partisan
election.
b. Supreme Court justices must be members of
the state bar and must have engaged in the practice
of law in Ohio and/or served as a judge,of a court
of record in any other state for at least 6 years
Prior to election or appointment.
No person may
be elected or appointed to judicial office if he
has attained 70 years of age.
c. Supreme Court justices are eaected by the
voters of the state at large.
Their names appear
on nonpartisan ballots.
The,legislature has set
the term at the consfitAtonafiy prescribed minimum
of 6 years.
Vacancies are filled by the Governor.
If the unexpired term is for more than 1 year, the
position is subject to election at the first gen-
eral election occurring more than 40 days after the
vacancy.
[Const., Art. IV, SS6, 13; O.R.C. SS2503.0l,
2503,02, 2503.03, 3505.041
377
1.5 Administration
a. The Supreme Court, through the Chief Jus-
tice, has general superintending power over all
courts.
The Chief Justice exercises adginistration
and supervision over the entire court system
through the Administrative Director of the Courts,
court administrators, presiding judges, administra-
tive judges, and administrative assistants.
Ref-
erence Section 5.1 (General administrative author-
ity).
The Chief Justice has no specifically ar-
ticulated duties in regard to the administration
of the Supreme Court.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The position of Supreme Court clerk is
authorized by statute and filled by Supreme Court
appointment.
The clerk performs numerous adminis-
trative duties, including those relating to the
examination and registration of attorneys in Ohio;
filing and docketing all cases; scheduling oral
arguments; issuing all notices and orders; and
serving as Secretary of the Board of Bar Examiners
and the Board of Commissioners on Character and
Fitness.
The clerk also has supervisory control
over the office and facilities.
[0.R.C. 52503.05; Administrative Director of
the Courts]
1.6 Rule-making..
The Supreme Court is constitu-
tionally empowered to promulgate.rules governing
practice and procedures in all courts of the stet..
Such rules become effective unless the General As-
sembly adopts a concurrent resolution of disap-
proval.
Rules have been promulgated 'by the court
governing the following procedures:
criminal,
civ1,4, juvenile, appellate, and claims against the
state.
In accordance with'statutory provisions,
the court has also promulgated traffic rules.
The
court has general superintending power over all
courts.
Administrative policies for the court it-
self are prescribed by the court through the Admin-
istrative Director.
[Const., Art. IV, 55; O.R.C. SS2935.17,
2937.46]
Intermediate Appellate Court
2.1 COURT OF APPEALS.
A Court of Appeals with a
minimum of three judges sits in each district.
The
Court of Appeals has no terms4of court.
Court is
held where and when necessity dictates.
[Const., Art. IV, S3; O.R.C. S2501.04]
2.4 Organization.
The state is divided by law into
11 appellate districts, comprising from 1 to 16
counties .each.
Cases are heard by panels of three
judges.
Three districts have more than three
judges.
Decisions are by majority vote, except
thai all three judges must concur if a judgment
resulting from, a trial by jury is to be reversed
on the weight of the evidence.
3 CI"
ogr
AFigure 1:
Ohio court system, 1980
\\*
SUPIFNI COURTd
7 justices
"Jurisdiction:
- Original jurisdiction in all matter. rfast -
ins to the practice of law.
Exclusive
jurisdiction in all cases challenging the
' sdoption or submissiom of
proposed con-
stitutional anandeant to the voters.
Matters dealing with constitutional quad-
tions and questions of general or public
interest.
$
- Final appillate juriedictiontver all
hyena courts.
Appeals from the Board of
Tax Appaels and the Public Utilities
Commission. 9
COURT OF APPEALS (11)
44 Judges
C,
Jurisdiction:
- General appellate review of judgments from
lower courts of record.
- Appeals from Roard of Tax Appeals.
A
COURT OF COMM PLIAS (88)
313 judges
.
GENERAL DIVISION
Jurisdiction:
- Civil actions over 3500.
- Exclusive jurisdiction
over felony, most
serious criminal matters.
.
PROBATE DIVISION
Jurisdiction.
- Exclusive juriadic-
tlon In probate
matters .
-
D(3EST1C RELATIONS
DIVISION
Jurisdiction.
Divorce, dissolu-
tIon, annulment,
alimony, and
paternity.
JUVENILE DIVISION
Jurisdiction:
- Exclusive jurisdiction in Juvenile matters.
Jury trial..
4
MUNICIPAL COliRT (110)
189 judges
.
Jurisdiction.
- Civil actions under SI0,000, exclusive
jurisdiction over forcible entry and
detainer, and mall flaims matters
under 3300.
Misdemeanors, municipal ordinance vio-
lations, and preliminary hearings.
Traffic matters.
IP
Appeals are trial de novo.
Jury trials.
COURT OF rums
Judges of the Supra". Court, Court of
Poppeals, or Court of Common Pleas sit
on temporary assignment.
Jurisdiction:
- Inclusive jurisdiction in civil
actions against Ch. irate anebver
claims removed from other courts to
the Cgurt of Claims.
- Jurisdiction over "vitt*. of crimes"
compensation cases.
.1/4
Jury trial except in claims against
the state.
It
Indicates rout, of appeal.
-
# COUNTY COURT (58)
#IP9 part-time judges
Juriddiction
Civil actions under $3,000, exclusive
jurisdiction over forcible entry and
detainer, and small claims matters
under $500.
Misdemeanors and preliminary
hearings.
Traffic matters.
Appeals are trial de novo from
ODurt.
Jury trials.
KATOI'4 COUIT (
700)
Jurisdiction:
- Minor criminal matters.
- Traffic matters.
No jury trials.
Not
court of record.
378
-
b.
Court of
last
resort
Intermediate
d
appellate
court
1111.
4111444%
Co.prt of
general
jurisdiction
Gifrts of
limited
Juriadiction
S,
(Const., Art..IV, S,3; 0.R.C. SS2501401,
2501.012, 2501.01V
2:3 Jurisdiction
a. The CourtkolkAppeali has orieinal juriedic-
.tion in quo.varraill6, aandimus, habeas corpus, pro
hibition, procedendo, and in any cause on review
'e
as may be necessary to its complete determination.
b. The Court of Appeals has jurisdiction to,
review any judgment or final order of any court of
eeneral or liaited jurisdiction court of record in
its district _on questions of law.
In certain
classes of actions specified in the Code, it may
weigh the evidence and render judgment upon ques-,
titans of law and fact.
The court say also review.
f nal orders or actions of administrative officers
ncies.
[Const., Art. IV, S3; O.R.C. S2501.021
2.4 Judge. (44)
a. The chief justice over all the Courts of
Appeals ie selected by peer vote for a 1-year term.
Each court district has a presiding judge.
The
position is filled by the judge not serving pur-
suant to appointment whose term of office next
,expires unless, in districts composed of more than
.three judges, the'court adopts-local rules provid-
ing for some other method of selection.
Each dis-
trict may also designate an adminietrative judge
in addifion to the presiding judge.
b. Court of Appeals judges must be members of
the state bar and'must have engaged in the practice
of law in Ohio ahd/or served'as a judge of a court
of,record in any other state for at least 6 years
prior to election or appointment.
C. Court of Appeals judges are elected by the
voters of their reppettive appellate districts.
Their names appear on nonpartisan ballots.
The
legielaturehas set the term at the constitution-
ally prescribed minimum of 6 years.
Vacancies are
filled by the Governor.
(Const., Art. IV) SS6, 13; O.R.C. SS2501.02,
2501.03, 2501.06, 2503.01; 3505.04;
Administrative Director of the Courts]
2.5 Administration
a. The chief justice has no formal administra-
tive responsibilities.
The presiding judge of a
Court of Appeals district can request the Chief
Justice of the Supreme Court to assign additional
judges to the district, if the caseload requires.
After the judges of the dietrict fix the salary of
the horthand reporter, the presiding judge certi-
fies that salary to the state treasurer.. Districts
of the Court of Appeals may prescribe local admin-
istrative proceduree,subject to the general super-
intending power of the chief justice.
b. The position of administrator is not autho=
rized by the statutes or court rules.
Nine courts
have established the position by administrative
order.
Reference Section 5.2.b (state-level
administrator).
c. In most districts, Oke clerk of the Court
of Common Pleat in each county also serves as the
clerk of the Court of Appeals.
The Couri of Common
Pleas clerk is elected every 4 years by the voters
of the county.
Recent legislation permits the
judges of a Court of Appeals district consisting
of a single county and having eight or more judges
to appoint their own clerk and deputy clerks, aè
necessary.
The clerk is responsible for filing and
docketing cases, scheduling oral arguments, issuing
notices and orders, and supervising the office and
facilities.
379
e
(Const., Art. IV, S5; O.R.C. SS2303.01,
2303.03, 2501.08, 2501.16, 2501.17; Assistant
Administrative Director of the Ohio Courts)
2.6 Rule-making.
Rules of.appellate procedure have
been promulgated by the Supreme Court.
The Court
of Appeals in each district is statutorily autho-
rized to adopt local rules of practice, provided
that they are consistent with the Supreme Court
rules.
,Copies of such local rules must be filed
with the Supreme Court.
[Appellate Rules 31]
Court of General Jurisdiction
3.1 COURT OF CO1MON PLEAS.
The court's term is 1
calendar year.
(0.R.C. S2301.05]
3.2 Organization.
There is e Codrt of Common Pleas
in each of thd state's 88 counties, although
euthority exists to create districts oflmore than"
one county.
The court normally sits at the county
seat.
Each Court of Common 'Pleas may have the
following four divisions or eny combination there-
of:
General, Domestic Relations, Probate, and Ju-
venile.
(Const., Art. IV, S4; O.R.C. SS2101.01,
215147, 2301.03; Administrative Director of
the Courts]
3.3 Jurisdiction
a. The General Division has criminal jurisdic-
tion over all crimes and offenses except misdemean-
or offenses where exclusive jurisdiction has been
granted to a court of limited jurisdiction.
Its
civil jurisdiction extends to all cases where the
amount in controversy exceeds $500.
The Probate Division has exclusive jurisdic-
tion over probate matters; the Domestic Relation;
Division hears divorce, dissolution, annulment,
eaimony, and in some locations, paternity case..
Exclusive jurisdiction in juvenile matters is held
by the Juvenile Division.
Slight variations in jurisdiction of the
divisions exist since they are created in each
separate court location by separate statute.
A
b. The Court of Common Pleas has appellate
jurisdiction over controversies involving decisions
of the boards of county commissioners.
(0.R.C. SS2101.24, 2151.23, 2305.01, 2931.03]
3.4"Judges (313)
a. There is no provision for a chief judge over
all the counties of the Court of Common Pleas.
The
presiding judge of each Court of Common Pleas is
selected by and serves at the pleasure of his
peers.
The judges of each multi-judge division of
the qourt select an administrative judge by peer
vote, who serves a 1-year term.
b. Court of Common Pleas judges must be members
of the state bar and must have engaged in the prac-
tice of law in Ohio and/or must have served as a
judge of a,court of record in any other state for
at least 6 years prior to election or appointment.
They must also be residents of the county.
C. Court of Common Pleas judges are elected by
the voters of the county by means of a nonpartisan
ballot.
Judges serve the constitutionally pre-
scribed 6-year minimum term.
Vacanciee are filled
by the Governor.
(Const., Art. IV, SS4, 6, 13; O.R.C. §250301a
3505.04; Rules of Superintendence (hereinaftelr
Sup. R.) 31
"IN
3.5 Administration
a. Whereas there is no chief judge over all the
Courts of Common Pleas, the presiding judge of each
court calls meetings of the judges for the purpose
of discussing and resolving administrative problems
common to all divisions of the court-
At least one
such meeting Is held each term.
The presiding
judge chairs such meetings and also assigns judges
between divisions as business requires.
The pre-
siding judge may alsolterve as the administrative
judge of a particular division of the court.
The administrative judge is the presiding
officer of his division'and has full responsibility
for and control over the administratiqn, docket,
and calendar of the division.
He assigns cases and
reqUires reports from the judges on the statue of
their cases.
He also maintains records indicating
the number of cases eaclattorney is to try.
Work
reports required of each judge by the Supreme Court
are submitted through the administrative judge.
In that regard, he is responsible for formulating
accounting and auditing systems within the division
and the office of the clerk, to ensure the accuracy
of all reports.
b. There is no provision foF'an administrator
over All the Courts of Common Pleas.
Statutes al-
low for the appointment of an administrative as-
sistant, however, in those courts serving over
300,000 people.
As of the last federal census;
there were eight such counties in Ohio, and adhin-
istrative assistants have been appointed in each
of these counties.
c. Court of Common Pleas clerks are Statutory
officers elected to 4-year terms by the voters of
the counties.
In most cases, they also serve as
clerks of the Court of Appeals.
The clerks are
responsible for filing and docketing cases,
scheduling oral arguments, issuing notices and
orders, and supervising the office and facilities.
[0.R.C. SS2301.12, 2303.01, 2303.03; Sup. R.
2./, 5; Assistant Administrative Director of
the Ohio Courts]
3.6 Rule-makinK.
The Supreme Court's rules of
criminal, civil, traffic, and juvenile procedures
apply to the Court of Common Pleas.
Local court
rules that are consistent with the Supreme Court
rules are permitted.
They must be filed with the
Supreme Court.
The Rules of Superintendence of the
Supreme Court govern administrative matters In the
Court of Common Pleas.
[Const., Art. IV, S5; Criminal Rules 57; Civil
Rules 83]
Courts of Limited or Special Jurisdiction
4.1.1 MUNICIPAL COURT.
There is no statutory
authorization for terms of the Municipal Court.
[0.R.C. S1901.29]
4.2.1 Organization.
Those municipal corporations
having a Municipal Court are specified in Section
.
1901.01 of the Revised Code.
Each court's terri-
torial jurisdiction is specified In Section 1901.02
of the Revised Code.
Jurisdiction of the Municipal
Court may be limited to the city limits Or it may
encompass several municipalities/townships or the
entire county.
The assignment of cases in multi-
4vjudge Municipal Courts is governed by Rule 3 of the
Rules of Superintendence for Municipal and County
Courts.
Cases Ire assigned to a particular ses-
sion or a particular judge.
The following faubject
categories most be disposed of by a particular
session:
criminal cases in which a plea pf guilty
or no contest is entered;
initial-appearance in
criminal cases in which an immediate trial is con-
ducted upon initial appearance; civil cases in
which a motion for default judgment is made; small
claims cases; and forcible entry,and detainer cases
inwhich the right to trial by jury is waived.
All
other caeles are assigned by lot to a judge, who is
responsible for the determination of every issue
and proceeding in the case until its termination.
e
The administrative judge equally apportions
particular session assignments among all judges. '
Judges cannot be assigned to a particular sdssion
for more than two consecutive weeks.
[Rulee of Superintendence for Municipal and
County Courts (hereinafter M.C. Silp. R.) 3]
4.3.1 Jurisdiction
a. The Municipal Court
as criminal jurisdic-
tion over all ordinance violations and misdemean-
ors.
It Conducts preliminary hearings in felody
cases.
Its civil jurisdiction extends to all cases
involving an amount of $10,000 or less.
The
court's jurisdiction also includes the following
actions:
interpleader, replevin, and forcible
enEry and detainer.f"Ie Small Claims Division of
the court has jurisdiction in cases involving $300
or less.
Additional specific civil jurisdiction
has been graUted to the Municipal Court of Cleve-
land by statute.
b. The Nunicipal Court hears appeals from
decision bf Mayor's Courts within its jurisdiction.
An appeal from a Mayor's Court shall proceed as a
trial de novo.
[0.R.C. SO9Q1.17, 1901.18, 1901.20, 1905.22,
1905.25, 1925.01, 1925.02]
4.4.1 Judges (189)
a. Unless otherwise prescribed by statute,
each
court has one judge for hny portion of the first
100,000 inhabitants and one additional judge for
each additional 70,000 inhabitants or portion
thereof.
Selection of administrative judges is by
peer vote.
b. Munitipal Court judges must be members of
the state bar and must have engaged in the practigle
of ltaw in Ohio )uld/or must have served as judge of
a court of record in any other state for at least
6 years prior to election or appointment.
They
must also be residents of the jurisdictional terri-
tory of the court.
c. Municipal Court judges are elected by
the
voters of the "territory" of the court.
Their
names appear on nonpartisan ballots unless the
municipal charter states otherwise.
Theeterm of
office is 6 years.
Vacancies Ire filled by the
Governor.
[0.R.C. SS1901.05, 1901.07, 1903.]0,
03.01;
.4,
M.C. Sup. R. 2; 107.08]
4.5.1 Administration
a. The administrative judges of multi-judge
Municipal and County Courts are responsible to the
Chief Justice of the Supreme Court in the discharge
of their duties.
Their duties are similar to those
of the Common Pleas administrative judges.
Refer-
.,
ence Section 3.5.a.
They also meet monthly with
the court clerk to discuss the implementation of
the rules of superintendence and perform other
duties assigned by the Chief Justice.
b. Statutes and rules do nott provide for an
administrator position.
Its establishment is at
the discretion of the individuat court.
Reference
Section 5.2.b (state-level administrator).
c. The clerk of the Courtdof Common Pleas may
also serve as the clerk of the,Mun\cipal Court and/
or County Court.
In other Municipal Courts, the
380
1/4)
clerk is either sppointed or lected in accordance
with a ststutory population formula.
The clerk is
responsible for filing snd docketing cases, sched-
uling oral arguments, issuing notices and orders,
and supervising the office snd facilities.
[0.R.C. S1901.31; M.C. Sup. R. 2]
4.6.1 Rule-making.
Procedural rules have been
promulgated by the Supreme Court.
Local rules
consistent with those of the Supreme Court may be
adopted.
[Const., Art. IV, S5]
4.1.2 COUNTY COURT.
There ls no statutoryeutho-
rization for terms of the County Court.
[Office of the Administrative Director of the
Courts]
4.2.2 Organization.
A County Court exeirises
jurisdiction in those portions of a couflty not
within the jurisdiction of a Municipal Court.
If
the court has more than one judge, the exclusive
geographical'jurisdiction of each judge is deter-
mined by the Court of Common Pleas.
The Codit of
Common Pleas may assign more than one judge to a
specific jurisdictional area, however, if tht
particular County Court has jurisdiction over a
population in excess of 120,000.
The assignment
of cases in multi-judge County Courts is governed
by Rule 3 of the Rules of Superintendence for
Municipal and County gourts.
Reference Section
4.2.1.
[0.R.C. SS1907.01.1, 1907.07.1]
4.3.2 Jurisdiction
a. The County Court has criminal jurisdiction
over all traffic violations and all misdemeanors.
It has civil jurisdiction in controversies4invol-
, ving $3,000 or less (exclusive jurisdiction if the
amountPis under $500).
The court's Small Claims
Division handles cases involving $500 or less.
b. The County Court hears appeals from deci-
sions of Mayor's Courts within its jurisdiCtion.
An appeal from a Mayor's Court shall proceed as a
trial de novo.
[0.R.C. SS1905.22, 1905.25, 1907.01.2, 1909.04,
1925.02]
4.4.2 Judges (59 part-time).
Each couri has one
judge for any portion of the first 30,000 inhabit-
ants of the district.
Additional judges are added
by statutory formula using population increments
of 30,000.
e. There are no provisions for presiding
judges.
b. CountyCourt judges must be members of the
state bar, and must have practiced law in the state
for st least 2 years prior to election or appoint-
ment.
They must also be qualified voters and
residents of the County Court districts.
c. County Court judges are elected to 6-year
terms by the voters of the County Court districts
on nonpartisan ballots.
[0.R.C. SS1907.04.1, 1907.05.1, 3505.04]
4.5.2 Administrstion
a. Reference Sections 3.5.a and 4.5.1.s.
b. Reference Seetions 4.5.1.b and 5.2.b (state-
level administrator).
c. The clerk of the Court of Common Pleas may
also serve as the clerk of the County Court.
In
addition to the Court of Common Pleas clerk, some
county Boards of Commissioners may appoint clerks
for each County Court judge.
Such appointments are
subject to the coneUrrence of the individual judge.
The clerks are responsible for filing and docketing
cises, scheduling oral srguments, issuing notices
and orders, and supervising the office snd facili-
ties.
[0.R.C. S1907.10.1; Office of the Administra-
tive Director of the Courts]
4.6.2 Rule-making.
Procedural rulesKil'ave been
promulgated by the Supreme Court.
Local rules
consistent with those of the Supreme Court pay be
adopted.
[Const., Art. IV, S5]
4.1.3 MAYOR'S COURT.
There is no statutory
, authorization for terms of the Mayor's Court.
[9ance of the Administrative Director of the
Courts]
4.2.3 Orgrnization.
The geographic jurisdiction
or the Mayor's Court extends to the municipal
boundarits.
There are no specialized divisions of
the court.
[0.R.C. S1905.01f
4.3.3 Jurisdiction
'a. Mayors of municipalities not having an
established Municipal Court have concurrent juris-
diction with the limited jurisdiction court of
record serving the municipality to hear and deter-
mine cases involVing ordinance and traffic viola-
tions.
b. The Mayor's Court has no appellate juris-
diction.
[0.R.C. SS1905.01, 1907.03.1; Office of the
Administrative Director of the Courts]
4.4.3 Judges (690).
The posItIon of judge in the
Mayor's Court is held by the mayor la. virtue of
his office.
Matters such as his qualifications,
method of selection, term, etc., relate to hie
position as mayor rather than specifi
Ily to hi
judiciairduties.
Most of these matter
are dete
mined locally by charter or ordinanc
Because
there is only one judge per court, thr&Ire no
provisions for presiding judges for the Ma or's
Courts.
[Office of the Administrative Director of the
Courts]
4.5.3 Administration
a. The mayors maintain their docket and files
in accordance with the same laws as apply to the
County Court.
b. There are no provisions for administrators
for thelOayor's Court.
Reference 5.2.b (state-
level easinistrator).
c. There are no provisions for clerks for the
Mayor's Court.
[0.R.C. S1905.01]
4.6,3 Rule-makink.
The mayors' authority to up-
plement Supreme Court procedural rules is similar
to that of County Court judges.
[0.R.C. S1905.28]
381
4.1.4 COURT OF CLAIMS.
There is no statutory ,
authorization for terms of the Court of Claims.
[Office of the Administrative Director of the
Courts]
4.2.4 Organization.
The Court of Claims has state-
wide jurisdiction.
The court sits in Franklin
County (Columbus); however, the Chief Justice of
the Supreme Court can direct it to hold court in
any county, if required.
There are no divisions
of the court.
Actions are normally heard and
decided by a single judge; howevA, a request can
be made to the Chief Justice to appoirit a panel of
three judges.
Some cases are heard and decided by
court commissioners (reference Section 6.2.4).
An
appeal from a decision of a Court of Claims commis-
sioner is heard and determined by a single judge.
[0.R.C. S2743.03]
399
-\4.3.4 Jurisdiction
a. The Court of Claims has exclusive original
jurisdiction over all claims against the state,
which are permitted under statutory provisions.
The court has full equity powers in all actions
within its jurisdiction and-it can entertain and
petermine all counter claims, cross-claims, and
third party claims.
As of December 28, 1976, the
court was given jurisdiction over "victims of
crimes" compensation claims.
b. The Court of Claims hire no appellate juris-
diction.
[0.R.C. S2743.02]
4.4.4 Judges.
Judgeships on the Court of Claims
are filled by temporary assignment by the Chief
Justice of the Supreme Court.
Active and retired
judges of the Supreme Court, the Court of Appeals,
and the Court of Common Pleas are eligible for
these temporary assignments.
[0.R.C. SS2743.03, 2743.041
4.5.4 'Administration
a. Statutes Wand rules do not provide for a
presiding judge of the court, because its judges
serve on the basis of temporary appointments by.the
Chief Justice of the Supreme Court.
b. There is no provision for an administrator
for the Court of Claims.
Reference Section 5.2.b
(state-level administrator)..
c. The clerk of the Court of Claims, under the
direction of the Chief Justice, is responsible for
establishing administrative procedures for the
court.
The clerk is appointed by the Supreme Court
and must be a licensed attorney in the state.
[0.R.C. SS2743.071
4.6.4 Rule-making.
The Rules of Civil Procedure
govern practice and procedure in the court.
The
Supreme Opurt has also promulgated special Rules
of the Colin of Claims (C.C.R.) and Local Rules of
the Court of Claims (L.C.C.R.).
[0.R.C4S2743.031
State-Level Administration
5.1 General administrative authority.
The Supreme
Court, through the Ctlef Justice, has general
superintending power over all courts of Elie state.
The Chief Justfce may assign any judge of a Couri
of Appeals or a Court of Common.Pleas to temporar-
ily sit in any other Court of Appeals or Court ol
Common Pleas.
He may also assign active and re-
tired fudges of the Supreme Court, the Court of
Appeals, and the Court of Common Pleas to tempo-
rarily sit on the Court of Claims.
The Chief Jus-
tice may recall retired judges to active service.
He may assign retired Municipal Court judges to
active duty in Municipal and County Courts.
Con-
stitutional authority to pass upon the tlisqualifi-
cation of any judge of the Court of Appeals or
Court of Commod Pleas is vested in the Chief Jus-
tice or hi* desiinee.
Reference Section 1.5.a.
[Const., Art. IV, SS5, 6; O.R.C. S2503.04; N.C.
Sup. R. 13]
5.2 Office of the Administrative Director of the
Courts
a. The Office of the Administrative Director
of the Courts is authorized by Constitution.
[Const., Art. IV, S5; O.R.C. SS2503.05,
2503.281]
b._Administrative Director of the Courts
1(1) The position of Administrative Director
of the Courts is Provided for.in thi constitution.
(2) There are no statutory requirements for
the position.
Informal procedures require that the
382
Administrative Director be an attorneyt
The Admin-
istrative Director is ftpointed by and serves at
the pleasure of the Supreme Court.
(3) The Administrative Director is respon-
sible for examining the dockets of all courts in
the state except the Mayor's Court and determining
the need for assistance; collecting and compiling
judicial statistics and reporting the same to the
judiciary and legislature; making recommendations
to the Chief Justice relating to the assignment of
judges; and assisting in the development of pro-
grams designed for the improvement of the judicial
system.
The state-funded portion Of the judicial
budget is prepared by the Administrative Director
and his staff.
He also serves as tfle secretary of
the judicial disciplinary commissions.
c. Office organization.
Staff divisions are
as follows:
Administrative Director, assistant
administrative director, judicial statistics, and
fiscal officer.
The Office of the Administrative
Director of the Courts consists of 10 people:.
6
professionals (including the Administrative Direc-
tor of the Courts) and 4 clerical personnel.
The
profeilional staff provides support services in the
following areas:
records management, forms devel-
opment, and field repsesentation; court coordina-
tion, facilities management, and other court ser-
vices; payroll, accounting, budgeting, and pur-.
chasing; publications; personnel systems; legisla-
tive, executive, public, and media information, and
executive liaison; planning end research activi-
ties, including rules drafting.
[Const., Art. IV, S5; O.R.C. 2503.281]
Quasi-Judicial Officers
6.1.1 SUPREME COURT AND COURT OF APPEALS
6.1.2 Master commissioner
a. Master commissioners are appointed by and
serve at the pleasure of the court.
They must be
members of the Ohio Bar.
b. Master commissioners conduct hearings on
certain motions for leave to appeal.
[Assistant Administrative Directortof the Ohio
Courts]
6.1.2 COURT OF COMMON PLEAS
6.2.2 Commissioner and referee
A. Commissioners and referees are appointed by
the court in a manner prescribed'by the judges
thereof.
They must be attorneys.
b. Commissioners are appointed by and assist
the Probate Division judge.
The commissioner takes
testimony and reports his conclusions on the law
and facts to the judge.
The commissioner can
administer oaths end subpoena witnesses and evi-
dence.
Referees can hear the issues and make a
report of finding to the judge in any case in which
the parties are not entitled to a jury trial or
where they consent to submit the case to a referee.
The powers of a referee are similar to those of
commissioners, subject to limitations imposed by
the appointing judge.
[0.R.C. SS2101.06, 2151.16; Civil Rules 53]
6.1.3 MUNICIPAL AND COUNTY COLIWTS
6.2.3 Referee
a. All referees must be attorneys.
They are
appointed by the court in a manner prescribed by
the judgei thereof.
Their appointment is mandatory
in Municipal COurts with more than two judges.
b. Municipal Court judges may appdint referees
to conduct proceedings in the Smell Claims Division
Figure 2:
Ohio state-level administrative office of the courts, 1980
Judicial
Statistics
Administrative
Director
of tho
Courts
Assistant
Administrative
Director
Court coordination
Facilities management
Legislative, executive,
public, and media
information
Rules drafting
Systemm'analysis
Records monagement
Foram development
"4.
Fiscal and
Personnel
- Personnel
- Payroll
- Accounting
- Audgeting
- Purchasing
383
Has er
Commissioners
401
of the court.
These referees may also hear the
folloWing types of cases:
default proceedings
under Civil Rules 55; forcible entry and detainer
proceedings in which the right to jury trial has
been waived; and traffic proceedings in which
there is a guilty plea or written waiver of right
to trial by a judge.
County Court judges may
%
appoint referees similar to those in Municipal
Courts- to hear traffic proceedings.
[ICC. Sup. R. 4; Traffic Rule 14]
6.1.4 COURT OF CLAIMS
6.2.4 Commissioner
a. Court of Claims commissioners must be
attorneys who have practiced law in the state for
at least 3 years prior to appointment.
The com-
missioners are appointed by and serve at the plea-
sure of the Supreme Court.
b. Commissioners have jurisdiction to make
awards of reparation for economic loss arising from
criminally injurious conduct.
Decisions are nor-
mally rendered by a single commissioner; however,
a panel of three can be convened.
The commis-
sioner's decision is appealable to the Court of
Claims.
10.R.C. SS2743.52, 2743.54, 2743.61)
Judicial Discipline
7.1 Mere is no standing disciplinary body for
judges.
Ratherif the evidence in a particular
case warrants, the Supreme 'Court appoints a com-
mission of five judges to decide 'that particular
case.
Any judge in the state, except a mayor, is
eligible for appointment to the commission.
The 5
judges are chosen from any 5 of the 11 appellaee
districts, excluding the one in which the respon-
dent judge resides.
10.R.C. S2701.11]
7.2 Authority and procedure for sanction.
An
initial private investigation of the complaint is
conducted by the 17-member Board of Commissioners
on Grievances and Discipline of the state bar.
If
two-thirds of the members concur that the evidence
warrants further.investigation, the complaint is
forwarded to the Supreme Court and a commission is
appointed.
The commitislon's hearing is held in
private, and the judge may be represented by coun-
sel.
All rules of evidence are observed in the
conduct of the hearing and the commission has sub-
poena powerp.
If three of the five members concur,
the judge can be retired, removed, or suspended
without pay.
The commission's decision is appeal-
able to the Supreme Court.
Judges can be removed from office by impeach-
ment or by concurrent resolution of the General
Assembly.
The public may also initiate action for removal
of a judge for misconduct in office.
The petition/
complaint must be signed by 15 percent of the
qualified voters based on,the total vote cast for
Governor in the preceding election.
The trial is
held in the Court of Common Pleas or the Court of
Appeals.
(Const., Art. II, §S23, 38; Const., Art. IV,
S17; O.R.C. SS3.07 to 3.10, 2701.11; Supreme
Court Rules for the Government of the Bar of
Ohio VI]
4
384
OKLAHOMA
Courts of Last Resort
1.1.1 SUPREME COURT.
The Supreme Court sits in
Oklahoma City, the state capital.
The court is
open for the transaction of business at any time
on the call of the Chief Justice.
[Constitution, Article VII, Section 5; Oklahoma
Statutes Annotated (hereinafter 0.S.A.) 12,
Chapter 15, Appendix 1, Rule 21
1.2.1 Organization.
The Supreme Court does not sit
in panels.
A majority of the members of the court
constitute a quorum and the concurrence of the
majority of the court's justices is necessary to
decid4 any question.
There are nine geographical
Supreme Court judicial districts provided by stat-
ute.
[Const., Art. VII, 15; O.S.A. 20, Section 2]
1.3.1 Jurisdiction
a. The original jurisdiction of the Supreme
Court extends to a general superintending control
over all agencies, commissions, and boards created
by law.
The Supreme Court has exclusive,authority
to pass upon the qualifications and fitness of all
applicants for admission to the practice of law in
Oklahoma.
The Supreme Court has the exclusive
power to discipline attorneys or revoke their per-
mit to practice law as prescribed by the state
statutes and the rules of the Supreme Court.
b. The Supreme Court has appellate jurisdiction
over all civil cases appealed from the District
Court.
[Const., Art. VII, 14; O.S.A. 5, 1112, 131
1.4.1 Justices (9)
a. The justices choose from among their members
a Chief Justice and a Vice Chief Justice who serve
2-yeAr terms or until their successors are elected
and qualified.
b. Supreme Court justices must be at least 30
years old, must have been qualified voters in their
districts for at least 1 year immediately prior to
the date of filing or appointment, and must have
been a licensed practicing attorney or a judge of
a court of record, or both, in Oklahoma for 5
years preceeding their election or appointment.
c. Supreme Court justices are subject to reten-
tion in office for terms of 6 years pursuant to a
nonpartisan election.
Each justice must be from a
separate district of the state as provided by stat-
ute.
When a vacancy occurs, the Governor appoints
one of three persons nominated by the Judicial
Nominating Commission (reference Table 12:
Char-
acteristics of judicial nominating commissions).
If the Governor fails to make the appointment with-
in 60 days, the Chief Justice appoints one of the
nominees.
[Cons9., Art. VII, 12, Art. VII-b, 112, 4;
0.S.A. 20, 1271
1.5.1 Adminicstration
a. The Supremo Court exercises administration
and supervision over the ntire court system
through the Chief Justice, the Administrative Di-
rector of the Courts, the presiding judges of the
Court of Criminal Appeals, the presiding judges of
the Court of Appeals, the presiding judges of the
District Courts, the trial court administrators of
the District Courts, and the presiding judges of
the Municipal Courts.
Reference Section 5.1
(General administrative authority).
The Chief
Justice has no specifically articulated administra-
tive duties with regard to the Supreme Court.
b. Reference Section 5.2.b. (state-level admin-
istrator).
c. The Supreme Court appoints a clerk to serve
at its pleasure who is licensed to practice law in
the state of Oklahoma.
The clerk is responsible
for keeping records, files, and papers committed
to his care; for recording the judgments, decrees,
and orders of the Supreme Court, the Court of Ap-
peals, the Court of Criminal Appeals, the Court of
bank Review, and the Court on the Judiciary; and
performs such other ervices and duties as may be
authorized or prescribed by the Supreme Court.
[Const., Art. VII, 15; 20 Oklahoma Statute Sup-
plement (hereinafter O.S. Supp.) 1979, 178;
Administrative Director of the Courts]
1.6.1 Rule-making.
The Supreme Court may promul-
gate rules and regulations for all courts of record
in the state.
Gasfral administrative authority
over all courts ir the state is vested in the Su-
preme Court, and the court makes administretive
rules for other courts.
[Const., Art. VII, 16; Administrative Director
of the Courts]
F.1.2 COURT OF CRIMINAL APPEALS.
The court sits
in Oklahoma City and holds 6 terms each year.
[0.S.A. 20, 136 to 1401
1.2.2 Organization.
The Court of Criminal Appeals
does not sit in panels.
Two members of the court
constitute a quo um, and the concurrence of two
judges is neces
ry to decide any question.
[0.S.A. 20, 1311
1.3.2 Jurisdiction
a. The Court of Criminal Appeals has no origi-
nal jurisdiction.
b. The Court of Criminal Appeals has exclusive
appellate jurisdiction, coextensive wilih the limits
of the state, in all criminal cases apfealed from
the District Court and the Municipal Criminal
Court.
[Const., Art. VII, 111
1.4.2 Judges (3)
a. The judge having the shortest time to serve
on the Court of Criminal Appeals acts as Presiding
Judge and serves a 2-year term.
b. Court of Criminal Appeals judges must meet
the same qualifications as Supreme Court justices.
Reference Section 1.4.1.b.
c. Court of Criminal Appeals judges are select-
ed in the same manner and for the same term as Su-
385
401
Figure 1:
Oklahoma court system, 1980
SUPREME COURT
9 justices
Jurisdiction
Appellete Jurisdiction over ell civil
wetter..
COURT OF APPEALS (2)
6 Judges
Jurisdiction.
Appeals assigned to it by the Supreme
Court.
Civil
matters.
COURT OF CRIMINAL APPEALS
3 Judges
Jurisdiction
Courts of
Exclunive oppellate
criminal cases.
jurisdiction
in
last
resort
mateern.
DISTRICT COURT (26)
71 district, 77 essociate dis-
trict, 50 special Judges
Jurisdiction:
- Original Jurisdiction over all
Justiciable matters.
- Civil ections, probate, and
domestic reletions.
- Felony and misdemeanor matters.
JUvenile matters.
Appaels de novo.
Jury trials.
MUNICIPAL COURT
MUNICIPAL CREMINAL COURT OF
NOT OF RECORD (167)
RECORD (2)
1 full-time, 533 part-time
6 full-time, 13 pert-time
Judges
Judges
Jurisdiction.
Jurisdiction
- City ordinance violations
City ordinance violetions
withtine less than $300
with fine less then $300
end Sentence less then
end sentence less than
90 dalOs
90 days.
Jury triets, if possible
Jury triels, if possible
fine is greeter than $35
fine is greeter then $50,
or imprisonment.
WORKERS'
COURT
7 dietrict yid
*rye
Jurisdiction:
'4
- Compensation clef.. in
industriel cases.
COURT OF TAX REVIEW
3 district judges serve
Jurisdiction'
- Protests against all,gedly
illegal lvies.
COURT OF RANK REVII5J
3 district Judges sree
Juriediction:
Appeels from finel orders
by the Commiesioner of the
Banking Board or of the
Banking bird itself.
11
'Indicates route of appeal.
11
Indicates assignment of cease.
386
AL,
,
11116
=MEP
Intermediste
appellete
court
Court of
general
jurisdiction
Courts of
limited
Yarisdiction
preme Court justices.
Reference Section 1.4.1.c.
(0.S.A. 20,
135]
1.5.2 Administration
a. The presiding judge has no specifically
articulated administrative duties with regard to
the Court of Criminal Appeals.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The clerk of the Supreme Court is the ex
officio clerk of the Court of Criminal Appeals.
Reterence Section 1.5.1.c.
(Const., Art. VII, 15; 20 0.S. Supp. 1979, 5781
1.6.2 Rule-makinj.
Reference Section 1.6.1.
Intermediate Appellate Court
2.1 COURT OF APPEALS.
One division sits in Tulsa
County.
The other sits in Oklahoma County.
The
court sits in continuous session.
[0.S.A. 20, 130.2; Administrative Director of
the Courts]
2.2 Organization.
The geographic jurisdiction of
the Court of Appeals is statewide.
The Court of
Appeals consists of two permanent divisions, with
each division having three judges.
(0.S.A. 20, 530.11
2.3 Jurisdiction
a. The Court of Appeals has no original juris-
diction.
b. The Court of Appeals has the power to dis-
pose of any case assigned to it by the Supreme
Court.
A decision of the Court of Appeals may be
reviewed by the Supreme Court if a majority of its
justices direct that certiorari be granted.
The
Supreme Court may by order recall a case from the
Court of Appeals.
(0.S.A. 20, 530.11
2.4 Judges (6)
a. Each division of the court selects its pre-
siding judge for a term of
1 year.
b. Court of Appeals judges must be qualified
voters in the state, and must have a minimum of 4
years experience as a licensed practicing attorney
or as a judge of a court of record or both.
c. Court of Appeals judges are elected on non-
partisan ballots from the six congressional dis-
tricts in the state.
Judges serve 6-year terms.
The Governor fills vacancies by appointment of a
qualified person from the congressional district
where the vacancy exists.
The Governor shall con-
sider the recommendation of the Judicial Nominating
Commission (reference Table 12:
Characteristics
of judicial nominating commissions).
At the primary
and general election next succeeding the occurrence
of the vacancy, a person is elected to fill the
unexpired term of that oifice.
[Const., Art. VII, 58; 51 O.S. Supp. 1980, 510;
Administrative Director of the Courts]
2.5 Administration
a. There are no formal provisions regarding the
administrative authority of the Court of Appeals
presiding judges.
They perform administrative
duties for their respective divisions.
b. There is no provision for an administrator
for the Court of Appeals.
Reference Section
5.2.b. (state-level administrator).
c. The clerk of the Supreme Court is also the
clerk of the Court of Appeals.
Reference Section
1.5.1.c.
[20 0.S. Supp. 1979, 5781
2.6 Rule-making.
Reference Section 1.6.1.
Court of General Jurisdiction
3.1 DISTRICT COURT.
The District Court sits in
continuous session.
(Administrative Director of the Courts]
3.2 Organization.
There are 26 District Court
judicial districts.
There are 9 judicial adminis-
trative districts, each headed by a presiding
judge.
Subject to the authority of the Supreme
Court, the presiding judges designate places for
holding court and may provide for divisions of the
court.
IConst., Art. VII, f10; 20 U.S. Supp. 1980,
592.1]
3.3 Jurisdiction
a. The District Court has unlimited original
jurisdiction in all justiciable matters, powers of
review of administrative action, and power to issue
writs, remedial or otherwise, necessary or proper
to carry into effect its orders, judgments, or
decrees.
b. The District Court hears trials de novo fro?
the Municipal Court Not of Record.
IConst., Art. VII, fl; O.S. Supp. 1979,
527-129]
3.4 Judges (71 district judges; 77 associate dis-
trict judges, 50 special judges)
a. There is no provision for a chief judge over
all the districts of the District Court.
In each
of the nine judicial administrative districts, the
district and associate district judges elect one
of their district judges as the presiding judge.
If an
dividual District Court has more than one
judg
presiding judge of that judicial admin-
istra
district designates a chief judge of that
court
He serves as chief judge at the pleasure
of t
presiding judge, or may rotate into the
pos
in a manner presented by the presiding
b. District Court judges must have been resi-
dents of the state and their district for 6 months,
must be qualified voters of their respective dis-
tricts and must have a minimum of 4 years of expe-
rience as a licensed practicing attorney, or as a
judge of a court of record within the state, or
both.
Associate district judges must meet these
same requirements except those elected or appoint-
ed after July 15, 1974, are required,to have only 2
years of experience.
c. District Court judges and associate district
judges are elected in non-partisan elections by the
voters in their respective counties or districts
for terms of 4 years.
When a vacancy occurs in the
office of district judge, the Governor appoints one
of three persons nominated by the Judicial Nominat-
ing Commission (reference Table 12:
Characteris-
tics of judicial nominating commissions).
If the
Governor fails to make the appointment within 60
days, the Chief Justice appoints one of the nomi-
nees. If a vacancy occurs in the office of asso-
ciate district judge, or if an associate district
judge is unable to perform the duties of his of-
fice, the presiding judge of that judicial adminis-
trative district appoints a special judge to hold
office for the duration of the vacancy.
(Const., Art. VII, 558, 9, 10, Art. VII.8, $4;
O.S.A. 20, 122(b); O.S.A. 20, Ch. 2, App. 2,
Rule 7; 20 O.S. Supp. 1979, 5121.1; Administra-
tive Director of the Courts]
3.5 Administration
a. Whereas there is no provision for a chief
judge over all the districts of the District Court,
4()5
387
the presiding judge ot each administrative district
has general administrative authority, including the
authority to provide for divisions of the court and
to designate appropriate times and places for hold-
ing court.
If a vacancy occurs in the office of
associate district judge, or if an associate dis-
trict judge is unable to perform the duties of his
office, the presiding judge of the judicial admin-
istrative district may appoint a special judge to
hold office for the duration of the vacancy.
If
an individual District Court has more than one
judge, the presiding judge of that judicial admin-
istrative district designates a chief judge for
that court.
He serves as chief judge at the plea-
sure of the presiding judge, or may rotate into the
position in a manner prescribed by the presiding
judge.
b. There is no provision for an administrator
over all the districts of the District Court.
There are two trial court administrators, one each
in Oklahoma and Tulsa Counties.
There are no for-
mal provisions regarding the administrative duties
of the administrators.
In practice, their adminis-
trative duties include the following:
jury manage-
ment, caseload and docketing management4 and
tance to the presiding judge in regard to personnel
management.
c. District clerks are elected for 4-year
terms.
The clerk of the district is responsible
for keeping an appearance docket, a trial docket,
a journal, a judgment docket, an execution doaket,
and such other books as may be ordered by the court
or required by law.
The clerk is directed to fur-
nish without cost to the Supreme Court and the
State Legislative Council such statistical and
other information required including, but not
limited to, the number and classification of cases
(a) filed with the court, (b) disposed of by the
court and the means of such disposition, and (c)
the number of cases pending before the court, at
each term of the court.
[Const., Art. VII, S10; O.S.A. 12, SS22, 33;
O.S.A. 20, 522(b), O.S.A. 20, Ch. 2, App. 2,
Rule 7;
19 O.S. Supp. 1979, 5131; State Court
Journal, 1977, p. 32; Administrative Director
of the Courts]
3.6 Rule-making.
Reference Section 1.6.1.
Each
presiding judge of a judicial administrative dis-
trict has the authority to adapt rules for the
courts of which he is in charge, subject to the
authority of the Supreme Court.
[Const., Art. VII, 110; 20 O.S. Supp. 1971,
Ch.
1, App. 2; Administrative Director of the
Courts]
Courts of Limited or Special Jurisdiction
4.1.1 MUNICIPAL CRIMINAL COURT OF RECORD.
The
Municipal Criminal Court of Record sits in
continuous ssss ion.
[Administrative Director of the Courts]
4.2.1 Organization.
A Municipal Criminal Court of
Record may be established in cities having a popu-
lation of more than 200,000 persons.
There are no
specialized divisions of the court.
[0.S.A. 11, 128-101]
4.3.1 Jurisdiction
a. The Municipal Criminal Court of Record has
original jurisdiction in cases of violation of any
city ordinances.
The court also has jurisdiction
to administer oaths, issue subpoenas, writs of
I.
ittathment, summonses, and other processes and
writs issuable by the district judge in criminal
proceedings.
b. The Municipal Criminal Court of Record has
no appellate jurisdiction.
[0.S.A. 11, 1128-102, 28-1211
4.4.1 Judges (6 full-time, 13 part-time)
a. The Board of Commissioners (the city govern-
ing body) appoints a presiding judge for each Muni-
cipal Criminal Court of Record.
b. Municipal Criminal Court judges must meet
the same qualifications as associate district
judges of the District Court.
Reference Section
3.4.b.
c. Municipal Criminal Court of Record judges
are appointed by the Board of Commissioners of
their cities or the city councils.
Judges of these
courts serve 2-year terms.
[0.S.A. 11, $28-103]
4.5.1 Administration
a. There are no formal prpvisions regarding
administrative duties for the presiding judges.
b. There are no provisions for administrators
for the Municipal Criminal Court of Record.
Refer-
ence Section 5.2.b (state-level administrator).
c. The clerk of each Municipal Criminal Court
of Record is appoAnted by the city governing body.
He is responsible for keeping and preserving rec-
ords and dockets, receiving all money paid into
the court, and certifying all transcripts and other
records of the court.
[0.S.A. 11, $128-103, 28-106]
4.6.1 Rule-making.
Reference Section 1.6.1.
4.1.2 MUNICIPAL COURT NOT OF RECORD.
The Municipal
Court Not of Record sits in continuous session.
[Administratiave Director of the Courts]
4.2.2 Organization.
Any city or town may create a
Municipal Court Not of Record.
There are no spe-
cialized divisions of the court.
[0.S.A. 11, 527-101]
4.3.2 Jurisdiction
a. The Municipal Court Not of Record has origi-
nal jurisdiction over all city ordinance viola-
tions.
The court may be required to supervise ju-
veniles placed on parole, probation, or suspended
sentence.
b. The Municipal Court Not of Record has no
appellate jurisdiction.
[0.S.A. 11, $127-103, 27-124]
4.4.2 Judges (1 full-time, 533 part-time)
,a. The Municipal Court Not of Record does not
have chief judges.
b. Judges of the Municipal Court Not of Record
must be licensed to practice law in the state,
except that the requirement may be waived for
cities having less than 7,500 population or if no
licensed attorney resides in the county in which
the city is located.
c. Judges of the Municipal Court Not of Record
are appointed by the mayors of the cities where the
courts are established with the consent of the
governing bodies of the cities.
Judges of the
Municipal Court Not of Record serve 2-year terms.
[0.S.A. 11, 527-104; Administrative Director of
the Courts]
4.5.2 Administration
a. There are no provisions for presiding judges
for the Municipal Court Not of Record.
b. There are no provisions for administrators
for the Municipal Court Not of Record.
Reference
Section 5.2.b (state-level administrator).
el r-) ("1
%
388
c. City clerks, or deputies designated by them,
serve as ex officio Municipal Court clerks.
The
clerks are responsible for recording court proceed-
ings, receiving and delivering to the city trea-
surer all money paid into the court, and performing
clerical duties assigned by judges.
[0.S.A. 11, 527-109]
4.6.2 Rule-making.
The Supreme Court may promul-
gate rules an& regulations for the Municipal Court
Not of Record.
Reference Section 1.6.1.
The judge
of each court may prescribe rules for the conduct
of his court consistent with state law.
[0.S.A. U, SS27-114, 27-131]
4.1.3 WOKKERS
COMPENSATION COURT.
The Workers'
Compensation Court sits at Oklahoma City, the state
capital.
The court sits in continuous session.
[85 O.S. Supp. 1979, 51.2; Administrative
Director of the Courts]
4.2.3 Organization.
The court is considered to be
sitting en banc when three of the seven judges are
sitting.
The court sits en banc only for appeal
matters.
Therefore, the judge who originally tries
the case is the person by whom the decision is made
that is appealed to the court en banc or to the
Supreme Court.
There are no specialized divisions
of the court.
[85 O.S. Supp. 1979, S3.6, Administrative
Director of the Courts]
4.3.3 Jurisdiction
a. The Workers' Compensation Court hears and
determines compensation claims in industrial acci-
dent cases.
The court also has the power to con-
duct necessary investigations.
The Sward of the
court is final and conclusive between the parties.
b. The parties have the right to/appeal a deci-
sion to the court en banc or to the Supreme Court.
[85 O.S. Supp. 1979,
53.6]
4.4.3 Judges (7 district judges serve)
a. The presiding judge is dysignated by and
serves at the pleasure of the Governor.
b. Workers' Compensation Court judges must have
been licensed to practice law in the state for a
period of not less than 5 years prior to appoint-
ment.
c. Workers' Compensation Court judges are
appointed by the Governor.
The appointments are
made from a list of three nominees for each posi-
tion, selected by the Judicial Nominating Commis-
sion (reference Table 12:
Characteristics of
judicial nominating commissions) from applications
submitted by qualified applicants.
The Chief Jus-
tice of the Supreme Court has the authority to ap-
point one of the nomi
es
f
the Governor fails to
- do so within 60 day
from the
ume the list of
nominees is submitt d.
Judges
the Workers' Com-
pensation Court ser
6-year terms.
udges
that served on the S ate Industrial Court a
serv-
ing their unex i
terms on the Workers' Co .-, a-
tion Court.
[85 O.S. Supp. 1979, 5i1.2, 3.61
4.5.3 Administration
a. The presiding judge presides at all hearings
before the court en banc and at all conferences at
which appeals and other matters are considered.
He also makes procedural rulings for the courts,
except those to be made in the course of hearings
before
single judge, assigns or directs the
assignment of cases to the several judges for hear-
ings at places he des
t
nates; directs and super-
i
vises the work of all employees of the court; han-
dles and oversees all administrative affairs of the
court; and performs other duties necessary to oper-
ate the court in an efficient manner.
b. Until the position of the Administrator of
Workers' Compensaeion is funded by the legislature
and is actually in operation, the presiding judge
of the court is responsible for performing the
dutits of the administrator.
c. The clerk has responsibilities as determined
by the court.
[85 0.S. Supp. 1979, Ch. 4, App. R.1]
4.6.3 Rule-making.
The Workers' Compensation Court
has the power to formulate its own rules and pro-
cedures.
[85 0.S. Supp. 1979, 51.2]
4.1.4 COURT OF TAX REVIEW.
The Court of Tax Review
meets in Oklahoma City, the state capital, upon
call of the presiding judge.
The court reconvenes
upon call of the presiding judge as deemed neces-
sary until all protests have been\heard and deter-
mined.
[68 O.S. Supp. 1980, 524104]
4.2.4 Organization.
The Court of Tax Review is
made up of three District Court judges.
There are
no specialized divisions of the court.
[0.S.A. 68, 5241.04]
4.3.4 Jurisdiction.
a. The Court of Tax Review has no original
jurisdiction.
b. The Court of Tax Review hears and determines
all protests against allegedly illegal levies.
The
court has the authority to hear and determine all
protests filed under code 524103.
The court also
has the power to administer oaths, and to compel
the attendance of witnesses and the production of
evidence, including any public record from any
county in the state.
(0.S.A. 68, 5524103, 24104, 24105]
4.4.4 Judges (3 district judges serve)
a. The presiding judge is chosen by the mem-
bers.
No specific term is designated.
b. District Court judges serve.
Reference Sec-
tion 3.4.b.
c. Court of Tax Review judges are designated
by the Governor and serve coterminous with him.
(68 O.S. Supp. 1979, 5241041
4.5.4 A4ministration
a. There are no formal provisions for assigning
administrative duties to the presiding judge.
b. The State Board of Equalization performs any
necessary administrative duties.
c. The state auditor and inspector serves as
clerk.
He has the responsibility for transmitting
a copy of a taxpayer protest to the treasurer of
the affected county.
He also has the responsibili-
ty for transmitting a copy of the decisions of the
Tax Court to the county clerk, the county assessor,
the county treasurer, and to the protestant or his
attorney of record.
(0.S.A. 68, 5124103, 24106; Adminzttrattve Di-
rector of the Courts]
4.6.4 Rule-making.
The judges for the Court of Tax
*
Review promulgate rules.
The rules are approved
by the Supreme Court.
(Administrative Director of the Courts]
4.1.5 COURT OF BANK REVIEW.
The Court of Bank Re-
view schedules meetings at Oklahoma City, the state
389
1107
capital, at
least once every 60 days.
The court
*lets on call of the presiding judge.
[0.S.A. 6, 1207]
4.2.5 Organization.
The state is divided Into
three Criminal Court of Appeals districts, desig-
nated respectively as the eastern, northern, and
southern Criminal Court of Appeals judicZal dis-
tricts.
The Court of Bank Review is made up of
three District Court judges, one from each of the
Court of Criminal Appeals districts.
There are no
specialized divisions of the court.
(20 0.S. 1971, S33)
4.3.5 Jurisdiction.
a. The Court of Bank Review has no original
jurisdiction.
b. The Court of Bank Review has the authority
and duty to hear and determine all appeals from any
final order of the Commissioner of the Banking
Board or of the board itself.
The court may affirm
the appealed order, direct affirmative action, and
reverse or modify.
[0.S.A. 6, S2071
.4.4.5 Judges (3 district judges serve)
a. One of the three judges is designated by the
members as the presiding judge.
No specific term
is designated.
b. District Court judges serve.
Reference Sec-
tion 3.4.b.
c. The Court of Bank Review consists of three
District Court judges, designated by the Governor
and confirmed by the senate.
Each judge is from
different Court of Criminal Appeals district and
serves a 4-year term.
Vacancies are filled by the
Governor.
The appointee serves for the unexpired
term.
(0.S.A. 6, S207; Administrative Director of
the Courts)
4.5.5 Administration
a. There are no formal provisions for
assigning administrative duties to the presiding
judge.
b. The Bank Commissioner performs any
necessary administrative duties.
c. The clerk of the Supreme Court serves as
the clerk of the Court of Bank Review.
Reference
Section 1.5.1.c.
(0.S.A. 6, 1207)
4.6.5 Rule-making.
The members of the Court of
Bank Review promulgate rules.
The rules are ap-
proved by the Supreme Court.
[Administrative Director of the Courts]
State-Level Administration
5.1 General administrative authority.
The Supreme
Court has general administrative authority over all
the courts in the state, including the temporary
assignment of any judge to a court other than that
for which he was selected.
This authority vested
in the Supreme Court
is exercised by the Chief
Justice in accordance with the court's rules.
Ref-
erence Section 1.5.a.
(Const., Art. VII, 16)
5.2 Office of the &ate Court Administrator
a. The Office of the State Court Administrator
is authorized by the constitution.
b. Administrative Director of the Courts
(1) The position of Administrative Director
is authorized by the constitution.
(2) The Administrative Director of the
Courts is appointed by and serves at the pleasure
of the Supreme Court.
The Supreme Court requires
390
that the Administrative Director be a licensed at-
torney.
(3) The Administrative Director and his
staff provide assistance to the Judicial Nominating
Commission (reference Table 12; Characteristics of
judicial nominating commissions), the Court on the
Judiciary (reference Section 7.1), and the Council
on Judicial Complaints (made up of two lawyers and
one nonlawyer for the purpose of investigating com-
plaints concerning the misconduct of judicial of-
ficers and, when necessary, recommending the prose-
cution of a judge before the Court on the Judi-
ciary).
They also prepare and submit annual re-
ports to the legislature copcerning the boundaries
of District Court judicial districts, the number
of judges needed for each judicial district,
pending caseloads for each district, and caseload/
judge formulae.
c. Office organization.
The Office of the
State Court Administrator consists of five people.
foux professionals (including the Administrative
Director) and one legal secretary.
The profession-
al staff provides support services in the areas of
computer operations and accounting.
[Const., Art. VII, 56, O.S.A. 20, 516.1 to
16.11, 20 O.S. Supp. 1979, 51651 to S1661; Ad-
ministrative Director of the Courts]
Quasi-Judicial Officers
6.1.1 SUPREME COURT
6.2.1 Referee
a. Referees are appointed by and serve at the
pleasure of the court.
They must meet the same
qualifications as a District Court judge.
Refer-
ence Section 3.4.b.
b. Referees perform duties as prescribed by the
Supreme Court.
[Administrative Director of the Courts]
6.1.2 DISTRICT COURT
6.2.2 Referee
a. Referees may be appointed by District Court
judges assigned to hear juvenile cases in counties
with a population over 100,000.
Referees must be
attorneys.
b. Referees may hear any juvenile case in the
court's jurisdiction, and report their findings and
recommendations to the judge.
10.S.A. 10, S1126, Parajudges
Their Role in
Today's Court Systems, p. 59)
Judicial Discipline
7.1 COURT ON THE JUDICIARY.
The Court on the Ju-
diciary consists of a Trial Division composed of
nine members, eight of whom are district judge',
senior in service and under age 60, and one active
member of the Oklahoma Bar Association, chosen by
its Executive Council.
The court also has an Ap-
pellate Division composed of two members of the
Supreme Court, chosen by that court; one member of
the Court of Criminal Appeals, chosen by that
court, one active member of the State Bar Associa-
tion, chosen by its Executive Council; and five
district judges senior in service and under age 65.
Each division of the Court on the Judiciary selects
its presiding judge, who is to be judge of the
qualifications and disqualifications of its own
members, and makes and publishes its own rules of
procedure.
(Const., Art. VII-A, SS2, 3]
4,1s
%
Figur. 2: Oklahoma state-level administrative office of the courts, 1980
Rat,
Court
AdmInistrstor
Deputy
Cgurt
dministrstor
Information
Systems
Socrotarisi
Assistance
Finance
nd
Budget
- Computsr
- Accounting
operations
391
-
(1 1 1 ,(,)
' J
a
V
7.2 Authority and procedure for sanction.
Any jus-
tice or judge of any court exercising judicial
power under the provisions of the Constitution of
-Oklahoma is subject to removal from office or com-
pulsory retirement from office by proceedings 4n
the Court on the Judiciary.
Jurisdiction of
Trial Division of the Court on the Judiciary may
be invoked by petition filed by the Supreme Court
or the Chief Justice, the Governor, the Attorney
General, the Executive Secretary of the Oklahoma
Bar Assopiation when directed by a majority vote
of all mtnIsMr5 ,4f.ies Executive Council, or by
reacalitioh.of the .flouse of Delegates or the House
392
of Representatives of the State of Oklahoma.
The
Trial Division sets the matter for hearing, not
less than 60 days after notice of filing.
After
full hearing, the Trial Division renders such judg-
ment as the facts may justify.
From any judgment
of the Trial Division, the respondent or the prose-
cutor may appeal to the Appellate Division within
10 days after the entry of judgment.
The review
the Appellate Division is an equity appeal as
to both law and facts.
The Appellate Division may
affirm, modify, or reverse the judgment of the
Trial Division.
[Const., Art. VII-A, SS1, 4, S]
OR EGON
Court of Last Resort
1.1 SUPREME COURT.
The Supreme Court sits in con-
tinuous session in Salem.
(State Court Administrator)
1.2 Organization.
The Supreme Court usually sits
en banc, but it may sit in panels of khree to five
justice., a majority of whom must be regularly
elected justices.
The concurrence of a majority
of justices is necessary to pronounce judgment.
(Oregon Revised Statutes (hereinafter O.R.S.)
Section 2.111)
1.3 Jurisdiction
a. The Supreme Court has
original jurisdiction
to issue lotraordinary writs.
b. The Supreme Court may hear appeals on
peti-
tion for review from the Court of Appeals.
The
court also decides'appeals from the
Oregon Tax
Court.
[Constitution, Article VII, Amended Section
2;
State Court Administrator]
1.4 Justices (7)
a. The Chief Justice is elected by a majority
of the jumtices of the court and completes his 6-
year term in this role.
He may succeed himself.
b. Supreme Court justices must be United
States
citizens and must have been residents of
Oregon for
at least 3 years preceding their
election or
appointment.
All electeejustices must be lawyers.
c. Supreme Court justices are elected to 6-year
terms on a nonpartisan basis by the voters
of the
state.
The Governor fill. judicial vacancies
by
appointment.
The appointee serves until a succes-
'sor is elected at the next general election.
Judges pro tempore may be appointed by the court.
[Const., Art. VII, Amend. 551, 16;
O.R.S.
552.020, 2.045]
1.5 Administration
a. The Chief Justice has administrative author-
ity in accordance with Supreme Court rules
and
orders.
He exercises administration and supervi-
sion over the entire court system through the
State Court Administrator, the chief
judge of the
Court of Appeals, presiding judges of the Circuit
Court, and trial court administrators.
Reference
Section 5.1 (General administrative authority).
In regard to the administration of the
Supremo
Court, the Chief Justice-apportipns
businemm to
the panels of the court; deilignates
the justice to
preside in each panel of the court in
his ab-
ence; assigns the justices to panels; and can
order the court to sit en lurc.
b. The State Court Admifiistrator serves as the
administrator for the Supreme Court.
Reference
Section 5.2.b (state-level administrator).
c. The State Court Administrator serves am the
Supreme Court clerk.
Reference Section 5.2.b.
[0.1.3. 551.002, 2.111, 2.560, 7.0, 8.120;
State Cpurt Administrator]
393
1.6 Rule-making.
The Council on Court Procedure
was created to promulgate rules of
civil procedure.
Tha council is composed of 10 judges, 12 lawyers,
ancifl layman.
Rules of criminal procedure are
promulgated by the state legislature.
The Supreme
COurt is prohibited from making rules of criminal
and civil procedure.
It can, however, adopt rules
prescribing the form of all process, notices,
motions, and other written pleadings pr all
courts, which are not considered rulea of criminal
or civil procedure.
The court has general admin-
istrative authority and supervisory control over
the courts of the state and can make rules to exer-
cise this authority.
All judges and court person-
nel in the state must comply with Supreme Court
administrative rules.
[0.R.S. 551.002, 1.280, 31.002; State Court
Administrator]
Intermediate Appellate Court
2.1 COURT OF APPEALS.
The court sits in continuous
session in Salem.
[0.R.S. S1.060; State Court Admihistrator]
2.2 Organization.
The judges sit in panels
three judges, a majority of whom must be r
ularl
elected judges of the court.
The concur
nce of
two judges is necessary to pronounce ju
ment.
The
chief judge or a majority o
the reg
rly elected
judges can order the cour
e
banc, with not
more than two judges pro tempore
sitting on .the
court.
[0.R.S. 52.570]
2.3 Jurisdiction
a. The Court of Appeals has no original juris-
diction.
b. The Court of Appeal, has exclusive
appellate
jurisdiction,
[0.R.S. 552.510, 221.380, 419.561]
2.4 Judges (10)
a. The chief judge is selected in the same man-
ner and for the same term as the
Chief Justice of
the Supreme Court.
Reference Section 1.4.a.
b. Court of Appeals judges must be qualified
voters of the counties of their residence and must
be licensed attorneys.
c. Court of Appeals judges are selected
in the
same manner and for the same term as
Supreme Court
justices.
Reference Section 1.4.c.
[0.R.S. 52.5401
2.5 Administration
a. The chief judge apportions the
business of
the court between the panels, and can order the
court to sit en banc.
He presides over any panel
in which he sits and designates a judge to
preside
over each panel in his absence.
b. The State Court Administrator serves as the
administrator for the Court of Appeals.
Reference
Section 5.2.b (state-level administrator).
411
Figure 1:
Oregon court system, 1980
SUPREME COURT
7 justices -
Jurisdiction:
- Cerfiorari review of Court pf Appeals
decisions end decisions of-the Tax Court.
COURT OF APPIALS
10 judges
Jurisdiction:
- Exclusive appellate jurisdiction except
from Tex Court.
TAX COURT*
.
1
fudge
TAX COURT
SMALL CLAIMS DIVISION
Jurisdiction:
Jurisdiction:
- Original juriedictice in
- Tax refunds under $500;
all cases involving state
additional taxes or
tax law not specifically
taxes sssssss d when no
given to the Smell Claime
return was filen; tax
Division.
cases involving real
- Appeals from county
property valued under
boards of equalization end
535.000 or personal
the Oregon Department of
property under $15,000;
levenue
refunds in homestead
and rental assistance
cases.
A
JUSTICE COURT (40)
40 judges
Jurisdiction:
- Civil actions under
$2,500.
Smell claims
under $500 in bell
Claims Department.
Misdemeanors and
preliminary hearings.
- Traffic cases.
Jury trials.
MUNICIPAL COURT (165)
193 judges
Jurisdiction:
Exclusive jurisdic-
tion over municipal
ordinance viola-
tions.
- Traffic cases.
Jury trials.
111'
Indicates route of appeal.
CIRCUIT COURT (20)
75 judges
Jurisdiction:
- General jurisdiction over civil matters
not granted exclusively to another court.
Probate matters.
- General jurisdiction over criminal
matters not granted exclusively to
another court.
- Juvenile matters.
Appeals de novo.
Jury trials.
COUNTY COURT (9)
9 judges
Jurisdiction.
- Exclusive probate
jurisdiction in 6
counties.
- Exclusive juvenile
jurisdiction in 7
counties.
DISTRICT COURT (24)
55 judges
Jurisdiction:
Civil actions under
$3,000.
Probate (in
Curry, Hood River, end
Wesco Counties, end
elsewhere as assigned
by the Circuit Court
judge).
Small claims
under $700 in the
Smell Claims Depart-
ment.
- Misdemeanors with
fines less than $3,000
end sentence less than
1 year; preliminary
hearings.
- Traffic cases.
Appeals de novo.
Six-person jupy trials.
5The Oregon Tex Court is classified se s court of general jurisdiction by state statute.
=IMF
.
Court of
lest
resort
Intermediate
appellate
court
Courts of
general
jurisdiction
Courts of
linited
jurisdiction
C. The State Court Administrator serves as the
clerk of the Court of Appeals.
Reference Section
5.2.b.
[0.R.S. SS2.560, 2.570, 7.0, 8.120; State Court
Administrator]
2.6 Rule-making.
The Court of Appeals may make
administrative rules for the court that are not in
conflict with Supreme Court rules.
A single set
of rules has been jointly promulgated by the two
courts.
Reference Section 1.6.
[0.R.S. S2.560; State Court Administrator]
Courts of General Jurisdiction
3.1.1 CIRCUIT COURT.
session.
[0.R.S. S1.0601
3.2.1 Organization.
There are 20 circuits, based
on county and multi-county boundaries.
There is
an informal Juvenile Department in most Circuit
Courts.
In Marion County, there is a statutorily
designated Department of Domestic Relations that
hears domestic relations cases and juvenile mat-
ters.
These cases, however, can be reassigned to
other judges.
In Multnomah County there is a Pro-
bate Department to hear probate cases and mental
health cases, and a Department of Domestic Rela-
tions to hear domestic relations cases and juvenile
matters.
Cases can be heard by any department of
the court, however, and judges can sit in any
department.
[0.R.S. jS3.011, 3.160, 3.170, 3.250 to 3.280,
3.314, 3.320, 3.330, 3.3601
3.3.1 Jurisdiction
a. Except where otherwise provided by law, the
Circuit Court has original jurisdiction In all mat
ters.
b. The Circuit Court has appellate jurisdiction
over casek from all courts of limited jurisdiction
except the District Court.
[Const., Art. VII, S9; O.R.S. SS2.5-10, 3.150,
3.250 to 3.280, 205.410, 471.990, 484.0301
3.4.1 Judges (75)
,
a. There is no provision for a chief judge over
all the circuits of the Circuit Court.
In any
multi-judge circuit, a presiding judge is elected
by the majority of the judges.
If a majority can-
not agree, a presiding judge is appointed by the
Supreme Court.
The term of a presiding judge is 1
year, and he may succeed himself indefinitely.
b. Circuit Court judges must have been resi-
dents of the state for 3 years and residua. of
their districts tor 1 year prior to theirglaectIfpn,
and must be licensed attorneys.
Judges must also
generally be residents of or have their principal
offices in their judicial circuits.
c. Circuit Court judges are elected on a non-
partisan basis by the voters of their cirCuits to
single 6-year terms.
[Const., Art. VII, Amend. SI; O.R.S. SS3.030,
3.041, 3.050, 3.0651
3.5.1 Administration
a. Whereas there is no provision for a chief
Judge over all the circuits of the Circuit Court,
multi-judge circuits have presiding judges.
When
a majority of the court cannot agree on the appor-
tionment of business and the form_of rules, the
presiding judge's decision controls in all but the,
Fourth Judicial District (Multnomah County).
The
presiding judge in the Fourth District can assign
cases from the Department of Domestic Relations and
Probate Department, when they become congested, to
The court sits in continuous
other departments.
When the presiding judge cannot
perform his duties, he may designate an acting pre-
siding judge tL assume them.
b. There is no provision for an administrator
over all the circuits of the Circuit Court.
The
office of administrator in the Circuit Court is
authorized in single-county circuits with popula-
tions of 70,000 or more.
The presiding judge may
appoint a court administrator with the approval of
a majority of the judges.
The administrators per-
form the functions prescribed by the court rules
of the circuits where appointed.
c. Clerks of the Circuit Court are tOmelected
county clerks, except in those home rule counties
where there is no elected county clerk.
Those
\counties have appointed county administrators/
court administrators.
There are no formal provi-
sions for assigning administrative duties to the
clerks.
They have responsibilities as determined
by their respective courts.
[Const., Art. VII, S15; O.R.S. SS3.065, 3.220,
3.360, 8.070; State Court Administrator]
3.6.1 ROle-making.
Rules governing proaedure in
the Circuit Court are promulgated in the same man-
ner allprocedural rules in the Supreme Court.
Reference Section 1.6.
The judges in each circuit
have authority to promulgate rules of court admin-
.
istration as lbng as they are consstent with Su-
preme Court rules.
[0.R.S. SS3.220 (1), 3.3801
3.1.2 TAX COURT.
(The Oregon Tax Court is classi-
fied as a court of general jurisdiction in O.R.S.
S305.405 within the substantive areas defined by
O.R.S. S305.410.)
The court sits in nontInuous session.
[0.R.S. S1.0601
3.2.2 Organization.
The Tax Court sits in Sa em,
but conducts trials at any county seat throughout
the state.
There is a Small Claims Division.
[0.R.S. SS305.475, 305.515]
3.3.2 Jurisdiction
a. The Tax Coupe has original jurisdiction over
cases involving state tax laws.
The Small Claims Division hears cases involving
certain specified tax refunds that do not exceed
$500; additional taxes, or taxes assessed when no
return was filed; proceedings by taxpayers involv-
ing the cash value of real property that does not
exceed $35,000 or personal property that does not
exceed $15,000; and refunds in homestead and rental
assistance cases of any value.
b. The Tax Court has no appellate jurisdiction
other than the jurisdiction to hear tax cases from
administrative agencies de novo.
[0.R.S. SS305.405, 305.410, 305.425, 305.515,
305.540]
3.4.2 Judges (1)
s. The Tax Court does not have a chief judge.
b. The Tax Cqprt judge must be a resident of
the state, must be admitted to the practice of law
in the state Supreme Court, and must have been
engaged for 3 years in either the active practice
of law or as a judicial or quasi-judiclal officer.
c. The Tax Court judge is elected on a non-
'partisan basis by the voters of the state to )s 6-
year term.
4Const., Art. VII, Amend. SI; O.R.S.
SS305.452, 305.4551
1.5.2 Administration
a.:There, is no provision for a chief judge for
the pix Court.
395
413
b. There is no provision for an administrator
for the Tax Court.
Riference Section 5.2.b (state-
level administrator).
c. There is a clerk appointed by the court,
whose administrative duties are not statutorily
assigned.
He has responsibilities as determined
by the court.
(0.R.S. S305.4801
3.6.2 Rule-making.
Reference Section 1.6.
Courts of Limited or Special Jurisdiction
4.1.1 DISTRICT COURT.
The court sits in continuous
session.
(0.R.S. S1.0601
4.2.1 Organization.
There are 24 District Courts
in the state's 36 counties:
21 single-county
District Courts, and 3 courts that serve 2 coun-
ties.
Each District Court has a Small Claims
Department.
(0.R.S. S46.405; State Court Administrator]
4.3.1 Jurisdiction
a. The District Court has jurisdiction in all
misdemeanor cases where the punishment indicated
is not more than $3,000 or 1-year of imprisonment,
and all nonfelonious traffic cases. 'The District
Court has concurrent jurisdiction with the Munici-
pal Court in municipal charter violations.' The
court has jurisdiction in civil cases involving not
more than $3,000, and in all cases of forcible
entry and detainer.
Jurisdiction is concurrent
with Municipal and Justice Courts in state liquor
law violation cases.
Small Claims Departments hear
cases involving not more than $700.
In Curry, Hood
River, and Wasco Counties the District Court judge
has probate authority.
In the other 24 counties
with a District Court, probate cases may be as-
sieted by the Circuit Court to a District Court
judge.
b. The District Court has no appellate juris-
diction.
[0.R.S. SS46.040, 46.060, 471.990, 484.030;
State Court Administrator]
4.4.1 Judges (55)
a. In multi-judge districts a presiding judge
is chosen by the judges of the court.
If they can-
not agree on a person, the Circuit Court for the
county designates a presiding judge until the
judges reach agreement.
The presiding judge can
be reiived at any time and another one chosen.
b.
istrict Court judges must have been resi-
dents o
the state for 3 years and must be licensed
attorney
.
They must also generally have been
resident
,
or have had their principal offices for
1 year in their districts.
c. Di trict Court judges are selected in the
same manne
and for the same term as Supreme Court
justices b
the voters of their respective dis-
tricts.
eference Section 1.4.c.
(0.R.5
SS46.610, 46.665)
4.5.t AdairMstration
a. When the presiding judge of a multi-judge
'District Court is unable to serve, he can appoint
another judge to act in his place.
There are no
statutory or constitutional provisions for assign-
ing administrative authority or other responsibil-
ities to the presiding judges.
'
b. There are no statutory or constitutional
provisions for an administrator over all the dis-
tricts, although several districts have court ad-
ministrators.
Their duties include management of
personnel, caseflow, records, statistics, facili-
ties, and budget matters.
396
3
c. The elected county clerk is the clerk o the
District Court except in Multnomah, Washington,
Lane, Hood River, Benton, Jackson, Union, and
Wallowa counties.
In Union and Wallowa counties,
the elected county clerk is the ex officio clerk
of the District Court.
The city of Gresham and
Multnomah County may provide for a clerk of the
District Court; however, the method of selection
is not statutorily determined.
There are no formal
provisions for assigning administrative duties to
the clerks.
They have responsibilities as deter-
mined by their respective courts.
(Const., Art. VII, S15; O.R.S. SS46.010,
46.665, 46.720, 40.725; State Court Administra-
tor]
4.6.1 Rule-making.
Reference Section 1.6.
The
judge or judges of each District Court are autho-
rized to promulgate administrative rules for their
courts that are not in conflict with rules of the
Supreme Court.
(0.R.S. S46.2801
4.1.2 JUSTICE COURT.
The couit sits in continuous
session.
(0.R.S. S1.0601
4.2.2 Organization.
The number of Justice Court
districts in each county is determined by the Board
of County Commissioners.
There may be up to five
Justice Courts in any county that has a District
Court.
In those counties not having a District
Court, there may be up to six courts.
Forty com-
munities have Justice Courts.
Their jurisdiction,
however, does not include
ities in which there is
a District Court.
Each Jug ice Court has a Small
Claims Department.
(0.R.S. SS46.026, 51.0
,
51.030; State Court
Administrator]
4.3.2 Jurisdiction
a. The Justice Court has jurisdiction in mis-
demeanor cases.
It also has jurisdiction in cases
involving public contracts and purchasing, maximum
4orking hours, deceptive and fraudulent employment
practices, and civil cases involving not more than
$2,500.
The Small Claims Department hears actions
for recovery of money or damages of $500 or less.
The Justice Court has jurisdiction in cases involv-
ing violations of state liquor laws and in all non-
felonious state traffic offenses.
b. The Justice Court has no appellate jurisdic-
tion.
(0.R.S. SS51.040, 51.050, 471.990, 484.030;
State Court Administrator]
4.4.2 Judges (40)
a. The Justice Court does not have presiding
judges.
Each court is a single judge court.
b. Justices of the peace must be voters of
their counties and must have been residents of
their districts for 6 months preceding their elec-
tion.
c. Justices of the peace are selected in the
same manner and for the same term as Supreme Court
justices by the voters of their respective dis-
tricts.
Reference Section 1.4.c.
(0.R.S. SS51.020, 51.021, 51.240; State Court
Administrator)
4.5.2 Administration
a. There are no provisions for presiding jud
for the Justice Court.
b. There are no provisions for administrators
for the Justice Court.
Reference Section 5.2.b
(state-level administrator).
c. The County Court or Board of County Commis-
sioners may provide for a clerk in the Justice
1(
4
Court, howevr, the mthod of selection ip not
statutorily dtermined.
There are no formal provi-
sions for assigAing administrative duties to Jus-
tice Court clerks.
They have responsibilities as
determined by their respective courts.
[0.R.S. S51.140]
4.6.2 Rule-making.
Reference Section 1.6.
The
Justice Court may promulgate rules of court admin-
istration that are not in conflict with rules pro-
mulgated by the Supreme Court.
[0.R.S. S52.030]
4.1.3 COUNTY COURT.
The court'sits in continuous
sssion.
[0.R.S. S1.060]
4.2.3 Organization.
Statutes provide for one court
in each of nine rural counties.
Specialized divi-
sions of the County Court are locally determined.
[0.R.S. SS5.020, 3.265, 111.055]
4.3.3 Jurisdiction
a. The County Courts in Crook, Gilliam, Harney,
Jefferson, Morrow, Sherman, and Wheeler counties
have juvenile jurisdiction.
The County Courts in
Gilliam, Grant, Harney, Malheur, Sherman, and
Wheeler counties have original jurisdiction over
ail probate matters in their counties.
The judge
of any County Court can grant preliminary injunc-
tions or ordersiin any suit in the Circuit Court
commenced in the county.
b. The County Court has no appellate jurisdic-
tion.
[0.R.S. SS3.265, 5.020, 5.050, 111.055]
4.4.3 Judges (9)
a. The County Court does not have presiding
judges.
b. Cbunty Court judges must be voters of their
counties and must have been residents of their dis-
tricts for 1 year preceding their election.
c. County Court judges are selected in the same
manner and for the same term as Supreme Court jus-
tices by the voters of their respective districts.
Reference Section 1.4.c.
[Const., Art. VI, S8]
4.5.3 Administration
a. There are no provisions for presiding judges
Jor the County Court.
b. There are no provisions for administrators
for the County Court.
Reference Section 5.2.b
(state-level administrator).
c. The elected county clerks are the clerks of
the County Court.
There are no formal provisions
for assigning administrative duties to the clerks.
They have responsibilities as determined by their
respective courts.
[Const., Art. VII, S15; O.R.S. S46.720]
4.6.3 Rule-makinl.
Reference Section 1.6.
4.1.4 MUNICIPAL COURT.
The.court sits in continu-
ous session as required.
[0.R.S. S1.060]
4.2.4 Organization.
Any incorporated city or town
may have a Municipal Court, with divisions depen-
dent upon municipal ordinance.
(0.R.S. S221.100)
4.3.4 Jurisdiction
a. The Municipal Court has jurisdiction over
the regulations of incorporated cities and towns.
It hes concurrent jurisdiction with the Justice and
District Courts over state liquor law violations.
The court has concurrent jurisdiction with the Jus-
tice Court over nonfelonious state traffic offenses
within municipal boundaries.
b. The Municipal Court has no appellate juris-
diction.
[Const., Aft. VII, SI; O.R.S. SS46.040,
471.990, 484.030]
4.4.4 Judges (193)
a. The Municipal Court does not have presiding
judges.
b. Municipal Court judges are not required to
be attorneys, but many of them are.
c. Municipal Court judges are selected by City
Councils, except in two cities where they are
elected by the voters of the cities.
[0.R.S. SS221.110, 221.140; State Court Admin-
istrator]
4.5.4 Administration
a. There are no provisions for presiding judges
for the Municipal Court.
b. There are no provisions for administrators
for the Municipal Court.
c. There are no statutory provisions for clerks
for the Municipal Court.
4.6.4 Rule-making.
The Municipal Court operates
outside the state system but within legislative
direction.
It is controlled in some procedures by
state law.
[State Court Administrator]
State-Level Administration
5.1 General administrative authority.
The Supreme
Court has general administrative authority over the
courts of the state.
The Chief Justice exercises
this administrative authority in accordance with
Supreme Court rules and orders.
The Chief Justice
appoints the judicial Members of the Minor Court
Rules Committee and is chairman of the Judicial
Conference (reference Table 29:
Judicial councils
and conferences).
The-Supreme Court can assign
senior judges (retired justices of the Supreme
Court and retired judges of the Court of Appeals,
District Court,iCircuit Court, and Tax Court with
12 years or more service on the bench) and attor-
neys toCcourts as needed on a temporary basis.
Reference Section 1.5:a.
[0.R.S. SS1.002, 1.300, 1.510, 1.810]
5.2 Office of State Court Administrator
a. There is no specific authorization for the
administrative office.
b. State Court Administrator
(1) The position of State Court Administra-
tor is authorized by statute.
(2) There are no statutory or constitutional
qualifications for the position of State Court
Administrator.
In pracrice, experience as a prac-
ticing attorney in the courts and as a presiding
judge as well as knowledge of state government and
'the legislative process are desired qualifications.
The State Court Administrator is appointed by the
Supreme Court or a majority of the justices.
(3) The State Court Administrator acts es
the administrator and serves as the clerk of the
Supreme Court and,the Court of Appeals.
The admin-
istrator is requirellto assist the Chief Justice in
exercising his adminiserative authority and super-
visiOn over the courts.' This authority includes
compiling data, conducting studies, issuing re-
ports, making recommendations, and issuing orders
concerning administrative methods and court busi-
ness in all courts except the Supreme Court and
Municipal Court; requirins reports from all courts
except the Supreme Court; and taking such action
as is necessary to further the administration of
397
41 5
Figure 2:
Supreme Courtl...,
Calendar
Clerk
Court of
Appeals
Calendar
Clerk
Oregon state-level administrative office of the courts, 1900
1:1Stt
Adminitrator
Court
Court of
Appeels
lei liff
Supreme Court
lei liff
I-
Case Records
Administrstor
POMO
Assistant
State
Court
Administrator
Senior Records
Clerk
Asistant for
Judiciiil
Assignments
Records
Clerk
Director of
Public
Information
Records
Clerk
Director of
Judicial
Education
Records
Clerk
1
Records
Clerk
Secretary
Asitant
Legal
Counsel
Director of
Tril Court
Se rvices
Secretary
Assitance
....]Administrative
Anl/st
Business
Manager
AD
Stores
Clerk
Secretary
Asltant
Secretary
Assitant
Secretary
Asitant
Sytem
..... Superintendent
,MP
Asletant
E7Itor
Appellate
Report
Editor
Clerk
398
Sy tem
Ana ly st
15upe rintendent
of Planning 4
Field Liaison
-1
Secretary
Assistant
4 '1 i;
Programmer
Ana lyt
Programmer
-I
Management
Analyst
,1- Asslitant
....__
Court
Information
Analyt
dciecrtry
...tSecretary
justice.
The State Court Administrator can appoint
appropriate administrative staff with the consent
and approval of the Supreme Court.
c. Office organization.
The State Court Admin-
istrator selects the staff, with the consent and
approval of the Supreme Court.
The staff serves
at ehe pleasure of the State Court Administrator.
It tonsists of 15 people:
10 professionals and 5
clerical personnel.
The task of the staff is to
coordinate, study, plan, monitor, and assist the
trial courts as much as possible.
They provide
support in the following areas:
systems analysis,
prograMming, and records management; payroll,
accounting, auditing, budgeting, and purchasing;
education, training, and publications; legislative,
executive, public, and media information, and leg-
islative and executive liaison; statistical compi-
lation, planning, research, statistical analysis,
legal ervices, and legislative drafting.
[0.R.S. §S1.002, 1.006, 2.560, 7.0, 8.110;
State Court Administrator]
Quasi-Judicial Officers
6.1.1 ALL COURTS
6.2.1 Referee
a. Any court can appoint a referee.
Each
referee must be qualified as a juror by statute.
Up to three referees may be selected for a case,
either by the parties involved or by the court when
the judge in the case needs a finding of fact or
information gathered.
b. A referee may be appointed to try and report
on the issues in a civil proceeding, execute an
order or judgment, or perform any other duties pre-
scribed by statute.
[0.R.S. §S17.705, 17.720, 17.725, 17.730,
17.735]
6.1.2 SUPREME COURT, COURT OF APPEALS, CIRCUIT
COURT, TAX COURT, DISTRICT COURT
6.2.2 Judge pro tempore
a. The Supreme Court can appoint any eligible
person to e4rve as judge pro tempore for the above
courts whenever it determines the appointment is
reasonably necessary to promote efficient adminis-
tration of justice.
In order to be considered
eligible, that person must be a state resident and
must have been f licensed attorney foe-3 years
pilor to appointment.
The Supreme Court determines
the court to which appointment is made and the du-
ration of the appointment.
b. Each judge pro tempore has the same author-
ity and duties as a regular judge of the court to
which he Is assigned.
A judge pro tempore, how-
ever, may not participate in the review of a case
in which he was a participant while serving on a
court of lesser jurisdiction.
[0.R.S. §§1.600, 1.635, 1.6451,
6.1.3 JUSTICE COURT
6.2.3 Justice of the peace pro tempore
a. When a justice of the peace is temporarily
absent or incapacitated, the County Court may
appoint a justice of the peace pro tempore, who
must have the same qualifications as a regular jus-
tice.
If the absence is for more than 60 days, the
Governor intuit...appoint a qualified justice of the
peace pro tempore.
b. The justice of the peace pro tempore has the
same authority and duties as the justice of the
peace for whom he is substituting.
[0.R.S. 01.2601
0
Judicial Discipline
7.1 Commission on Judicial Fitness.
The commission
is composed of three judges, appointed by the Su-
preme Court; three licensed attorneys, appointed
by the Board of Governors of the state bar; and
three persons who are not judges or attorneys,
appointed by the Governor and confirmed by the
Senate.
[0.R.S. §1.410]
7.2 Authority and procedure for sanction.
Upon
complaint of judicial misconduct, or the request
of the Supreme Court, the commission conducts an
investigation.
The commission may hold a private
hearing unless the judge being investigated re-
quests it to be public.
The judge is present and
may be represented by counsel.
He may present and
cross examine witnesses.
The commission may
e-
quest that the Supreme Court appoint three sp
ial
masters to investigate and hold hearings in th
same manner as the commission.
The commission re-
views all findings and conclusions of the inve
gation and makes an appropriate recommendation to
the Supreme Court.
The court reviews the records,
receives briefs, hears oral arguments, and makes
the decision for dismissal of the charge or cen-
sure, suspension, or removal.
[0.R.S. §S1.420, 1.4301
4 A 7
399
Figure 1:
Pennsylvania court system, 1980
SUPREME COURT
7 Justices
Jurisdiction.
- Hear, direct appeals in felonious homicide, right to
public office, probate or orphan, court matter.,
contempt case., and questions of constitutionality of
lotatute.
Other appeal, are discretionary.
MsY ssume plenary prriediction over any matter in any
court if it
ill an ion,. of immediate public interest.
UNOCKWEALTH COURT
9 Judges
Jurisdiction:
- Original Jurisdiction in civil action,
involv-
ing the commonwealth or any of it. officer..
- Criminal Jurisdiction involving violations of
adadnistrative rt/kes and regulations.
- Appeals from admiRietrativo agencies, local
government, osinent domain, end nonprofit
corporation netters.
Jury trials for original Jurisdiction matters.
Non-profit
corporation,
government,
and eminent
domain netters.
Constitutionality
of statute..
Felonious homicide.
Right to public office,
contempt, and probate.
A
SUPERIOR COURT
7 Judges
Jurisdiction:
Exclusive appellate Juni.-
diction over Court of Comeon
Plea, except action, directly
appealable to the Supreme
Court or Commonwealth Court.
COURTS OF COMMON PLEAS (59)
2115 Judge.
CIVIL DIVISION (in
Allegheny County)
Jurisdiction:
_
CRIMINAL DIVISION
(in Allegheny County)
Jurisdiction:
- Criminal matter,.
TRIAL DIVISION (in Philadelphia County)
Jurisdiction:
- Original Jurisdiction in all civil matters.
- Original Jurisdiction in criminal matters.
- Law CASMI.
FAMILY COURT DIVISION (2) (in Allegheny
and Philadelphia Counties)
Jurisdiction:
- Domestic relation, (including desertion
or nonsupport of wives, children, and
indigent parents, including children born
out of wedlock).
Habeas corpus for cus-
tody of children.
Divorce, annulaent,
and property matters relating thereto.
Adoptions and delayed birth certificates.
- Juvenile matters.
ORPHANS' COURT DIVISION (20)
Jurisdiction.
- Probate letter..
- All other courts exercise the smse Jurisdiction as is contained in the division
of the court shown above, but have no internal divisions.
Appeols de novo.
Jury trials.
PHILADELPHIA MUNICIPAL COURT
22 Judges
Jurisdiction:
- Landlord-tenant, assumpsit, and
trespass claims under $1,000.
- Criminal offenses with les, than
5-year imentonce.
Preliminry hear-
ings except for homicide and rape.
Motor vehicle laws.
No Jury trials.
DISTRICT JUSTICE COURT (555)
555 Justice, of the peace
Jurisdiction.
- Civil actions under $2,000.
Landlord-
tenant matters.
Criminal offense, with fine under
$590 and/or sentence up to 90 days.
Preliainry hearings in most felonies.
- Some motor vehicle cases.
No jury trials.
PHILADELPHIA TRAFFIC COURT
6 Judges
Jurisdiction.
- Exclusive Jurisdiction
of all eummary offend,.
under the 'motor vehicle
laws.
No jury trial.
111k
Indicates route of eppeal.
No Community Courta have
been established to date.
['COMMUNITY COURT
0 Judges
Jurisdiction:
nity Oaurt in a Judicial
- The establishment of
Com-
would supplant the
District Justice Court or
the Philadelphia Municipal
Court and Traffic Court.
I
The court would have Juris-
diction formerly exercised
I
by those courts.
-J
PITTSIURGH MAGISTRATES COURT
6 agistrates
Jurisdiction:
- Matters relating to the health,
safety, or Imitate of any place of
human habitation.
- Municipal ordinance violations,
preliminary hearings.
- Exclusive Jurisdiction over all
summary offenses under the motor
vehicle Isms.
No JUry trials.
400 4 s
=MEV
Court of
lamS.
reap
Intermediate
appellate
courts
Gaurt of
genersl
Jurisdiction
Courts of
limited
Jurisdiction
PENNSYLVANIA
Court of Last Resort
1.1 SWIM COURT.
Court sessions are held ae
Philadelphia during Winter, spring, and fall; at
Harrisburg during spring; and at-Pittsburgh daring
spring and fall.
[Office of the Court Administrator]
1.2 Organization.
The Supreme Court does not sit
in panels or divisions.
1.3 Jurisdiction
a. The Supreme Court has original jurisdiction
in matters involving writs of habeas corpus, man-
damus, prohibition, and quo warranto.
The court
also has exclusive jurisdiction over matters re-
lating to the practice of law.
The court may as-
sume plenary jurisdiction over any matter pending
before any court if it involves an issue of im-
mediate public importance.
b. The Supreme Court has exclusive jurisdic-
tion over appeals from the general trial courts,
i.e., the Court of Common Pleas, in the following
matters:
felonious homicide, direct criminal con-
tempt, supercession of a district attorney by an
Attorney General or by a court, the right to pub-
lic office, decisions of the Orphans' Court Divi-
sion, the right of the commonwealth or any of its
subdivisions to create or issue indebtedness, and
constitutional matters.
The court has exclusive
jurisdiction over appeals from all final orders of
the Commonwealth Court, entered as original deci-
sions in that court.
A decision of the Board of
Finance and Revenue may be appealed as of right to
the Supreme Court from the Commonwealth Court.
The Supreme Court may review any decision of the
two intermediate appellate courts.
[42 Pennsylvania Consolidated Statutes Anno-
tated (hereinafter Pa. C.S.A.) Sections 721,
722, 723, 724, 726]
1.4 Justices (7)
a. The Chief Justice is the justice longest in
continuous service on the court.
If two or more
juxtices assume office at the same time, they cast
iota for priority of commission.
No specified
term is set for positions filled by seniority.
b. Supreme Court justices must have been resi-
dents of the commonwealth for at leait 1 year pre-
ceding their selection and ust remain residents.
They ust be members of the bar of the Supreme
Court and ust be at least 21 years old.
c. Supreme Court justices are elected on par-
tisen ballots at the genera; election next preced-
Ang the commencement of their respective terms.
Justices serve 10.-year tem. After serving for
full term, i justice ay file for retention elec-
tion on a non-partisan ballot, and, if retained,
serves for a regular term.
A vacaay is firled by
gubernatorial appointment, with the approval 'of
the Senate, except for interim term,until next
(odd year) election.
[Constitution, Article V4, Sections 3, 10, 12,
13, 14, 15; 42 Pa. C.S.A. 1325; Court
Administrator]
1.5 Administration
a. The Supreme Court exercises administration
and supervision over the entire court system
through the Chief Justice; the Court Administra-
tor; the president judges of the Superior Court,
the Commonwealth Court, the Courts of Common Pleas,
the Philadelphia Municipal Court, the Philadelphia
Traffic Court, and the Pittsburgh Magistrates
Court; administrative judges of the Courts of Com-
mon Pleas; and district court administrators.
Ref-
erence Section 5.1 (General administrative author-
ity).
The Chief Justice is the chief administra-
tive officer of the Supreme Court and of the judi-
ciary of Pennsilvania; however, he has no specifi-
cally articulated duties with respect to the admin-
istration of the Supreme Court.
b. Reference Section 5.2.b (state-level
administrator).
c. The prothonotary of the Supreme Court is
appointed by and serves at the pleasure of the
court.
There are no formal provisions for assign-
ing administrative or supervisory duties to the
prothonotary.
[42 Pa. C.S.A. 12301; Court Administrator]
1.6 Rule-making.
The Supreme Court has the power
to prescribe general rules of practice, procedure,
and the conduct of all courts.
Laws that are in-
consistent with such rules are suspended.
Such
rules, however, must be consistent with the con-
stitution and cannot abridge, enlarge: or modify
the substantive rights of any litigant, nor sus-
pend or alter any statute of limitation or re-
pose.
Rules cannot be promulgated,that affect the
right of the General Asaembly to determine the
jurisdiction of any court.
The Supreme Court has
the power to prescribe rules for the a4ministra-
tion of all courts and supervision of,all officers
of the judicial branch.
[Const., Art. V, 110].
Intermediate Appellate Courts
2.1.1 SUPERIPR COURT.
Sessions of the Superior
Court are held at the cities of H rrrrr burg, Philo-
delphia,.Piftsburgh, and elsewhere as prescribed
by general ruLe or rule of court.
Sessions.are
held as often as its judgea deem necessary; there
are no terms of court.
142 Pa. C.S.A. 11324, 5431
2.2.1 Organization.
The Supreme Court has ordered
, that the court
sit in panels.
However, panel de-
cisions may be reheard by,the court en banc if the
court so decides.
A panel of three judges consti-
tutes a quorum.
The prothonotary's offices of
each district of the Superior Court are located in
Philadelphia, H rrr i r burg, and Pittsburgh.
401
4 1_
[Pa. R.A.P. SS3102, 3502, 3721; Court
exclusive appellate jurisdiction ittthe following
Administrator]
cases froarthe Courts of Common Pleas:
2.3.1 Jurisdiction
(1) All criminal actions or proceedings for
a. The Superior Court has original jurisdic-
the violation of any rule, regulation, or order of
tion in mandamus and prohibition to trial courts,
any administrative agency.
and writs of habeas corpus only where such actions
(2) All civil actions to which the Common-
are ancillary to those under appellate considera-
wealth is a party, except actions or proceedings
tion.
in the nature of applications for a writ of habeas
b. The Superior Court has exclusive appellate
corpus or postconviction relief not ancillary to
jurisdiction over final orders of the Courts of
proceedings within the appellate jurisdiction of
Common Pleas, except when such orders are witbin
the court.
the exclusive jurisdiction of the Supreme 94rt or
(3) All appeals from administrative agen-
the Commonwealth Court.
cies of the Commonwealth authorized by act of the
[42 Pa. C.S.A. SS741, 7421
General Assembly to be determined initially in the
2.4.1 Judges (7)
Courts of Common Pleas.
a. The court has a president judge who is the
(4) All actions or proceedings where the
judge longest in continuous service on the court.
application, interpretation, or enforcement of any
No specified term is set for positions filled by
act of the General Assembly regulating the affairs
seniority.
of political. subdivisions, municipalities, and
b. Superior Court judges are required to meet
other Pocal authorities or other public corpora-
the same qualifications as Supreme Court justices.
tions or of the Officers, employees, or agents
Reference Section 1.4.b.
acting in their official capacity, or any home
c. Superior Court judges are elected in the
rule charter or local ordinance or resolution is
same manner and for the same term as Supreme Court
drawn into question.
justices.
Reference Section 1.4.c.
(5) All appeals from local administrative
[Pennsylvania Rules of Judicial Administration
agencies under the Local Agency Law or otherwise.
(hereinafter Pa. R.J.A.) 706; Court Administra-
(6) All proceedings arising under the Emi-
tor]
nent Domain Code or where there is drawn into
2.5.1 Administration
question the power or right of a condemnor to ap-
a. The president judge supervises the judicial
propriate the condemned property.
business of the courts, promulgates all adminis-
With certain limitations, the court has ex-
trative rules and regulations, makes all judicial
clusive jurisdiction over all appeals from admin-
assignments, and assigns and reassigns available
istrative agencies of the Commonwealth under the
chambers and other physical facilities among the
Administrative Agency Law including appeels from
personnel of the courts.
the Pennsylvania Public Utility Commission, the
b. There is no provision for an administrator
Unemployment Compensation Board of Reviey, and
for t4 Superior Court.
Reference Section 5.2.b
from any department or agency having statewide
(state-level administrator).
jurisdiction.
c. The Superior Court has the authority to ap-
[42 Pa. C.S.A. SS562, 761, 762, 7631
poin't a prothonotary and deputy prothonotaries in
2.4.2 Judges (9)
each location where the court sits.
There are no
a. The president judge is elected by the
formal provisions for assigning administrative or
judges of the court for a 5-year term.
supervisory duties to prothonotaries.
b. Commonwealth Court judges are required to
f42 Pa. C.S.A. SS325(e), 2301; Court
meet the same qualifications as Supreme Court jus-
Administrator]
tices.
Reference Section 1.4.b.
2.6.1 Rule-making.
The Rules of Appellate Prac-
c. Commonwealth Court judges are selected in
tice govern practice and procedure in the Superior
the same manner and for the same term as Supreme
Court.
The court may make rules governing its
Court justices, except that bipartisan membership
practice so long as these rules are consistent
is required in elections by statute.
Reference
with the Rules of Appellate Practice.
Such rules
Section 1.4.c.
must be filed with the Administrative Office of
[Const., Art. V, S4, 10; 42 Pa. C.S.A. S325;
Pennsylvania Courts after adoption.
Court Administrator]
142 Pa. C.S.A. 51722(A)(1); Pa. R.A.P. SS103,
2.5.2 Administration
104; Pa. R.J.A. 103; Court Administrator]
a. The president judge performs the same ad-
ministrative duties as does the president judge of
2.1.2 COMMONWEALTH COURT.
Sessions of the court
the Superior Court.
Reference Section 2.5.1.a.
are held at Harrisburg, the state capital.
The
b. There is no provision for an administrator
court also sits in Philadelphia and Pittsburgh.
for the Commonwealth Court.
Reference Section
Sessions are held as often as the judges of the
5.2.b (state-level administrator).
court deem necessary.
c. The Commonwealth Court has the authority to
[42 Pa. C.S.A. SS324, 5631
appoint a prothonotary and deputy prothonotaries
2.2.2 Organization.
The court way at its discre-
in each location where the eourt sits.
There are
tion sit en banc or in panels,
no formal provisions for assigning administrative
[Pa. R.A.P. S37211
or supervisory duties to prothonotaries.
2.3.2 Jurisdiction
Pa. R.J.A. 31111
a. The Commonwealth Court has exclusive juris-
2.6.2 Rule-making.
The Commonwealth Court has the
diction in civil actions_against the Commonwealth
same rule-making authority as the Superior Court.
and concurrent jurisdiction in actions by the Com-
Reference Section 2.6.1.
monwealth, except in eminent domain matters.
The
court havoriginal jurisdiction in cases of mania-
Court of General Jurisdiction
Taus and prohibition to trial courts when such
actions are ancillary to matters before the court.
3.1 COURT OF COMMON PLEAS.
The court meets in
b. With the exception of those cases reserved
regular session.
for the Supreme Court, the Commonwealth Court has
[42 Pa. C.S.A. S9111
402
ti
U
3.2 Organization.
There are 59 judicial districts;
51 are single county districts and 8 have 2 coun-
ties per district.
Sessions of the court are held
at each county seat.
Specialized divisions of the
court are created as required.
For example, the
courts in the two major population centers of the
commonwealth are constitutionally divided into the
following divisions, unless changed by law:
the
Court of Common Pleas of Allegheny County, which
consists of Civil, CriMinal, Orphans', and Family
Divisions; and the Court of Common Pleas of Phila-
delphia Countyl, which consists of Trial, Orphans',
and Family Divisions.
Separate Orphans' Court
Divisions exist in 18 additional Courts of Common
Pleas.
(Const., Schedule to Judiciary Article V,
1116, 17; 42 Pa. C.S.A. 1911, Court
Administrator]
3.3 Jurisdiction
a. The Civil Division of the Court of Common
Pleas in Allegheny County handles cases of law.
The Criminal Division in Allegheny County
handles all criminal matters, both felony and mis-
demeanor.
The Trial Division in Philadelphia handles
the sime cases as are handled in the Civil and
Criminal Divisions in the court in Allegheny County
except for criminal misdemeanors which are heard
in the Philadelphia Municipal Court.
Through the Family Court Divisions, the
Court of Common Pleas has jurisdiction over such
matters as domestic relations, including desertion
or nonsupport of wives; children and indigent par-
ents, including children born out of wedlock; pro-
ceedings including habeas corpus, for custody of
children; Ivo
e and annulment, and property mat-
ter
e
ing
hereto.
Through the Family Court
Division, the Court of Common Pleas also has juris-
diction over
uvenile matters, including all mat-
ters formerly
ithin the jurisdiction of the Juve-
nile Court, an
adoptions and delayed birth certi-
ficates.
The Or harks' Court Division handles probate
matters.
In
ourts that do not have specialized divi-
sions, al
of the above jurisdictions are handled
by thb c
rt as a whole.
b.
e Court of Common Pleas has appellate jur-
isdiction over final orders of specified government
agencies, exclusive appellate jurisdiction over
orders of the minor judiciary, and power to issue
writs of certiorari to the minor judiciary.
[C
st., Art. V,
15; 42 Pa. C.S.A. 11931, 932,
es (285)
.
There is no provision for a chief judge
over all the judicial districts.
There is, how-
ever, a president judge for each district.
Presi-
dent judges of courts with seven or fewer judges
are determined by seniority.
In all other courts,
the president judge is selected by peer vote.
In
,
the vent of a tie vote, one of-the two judges
receiving the highest number of votes is appointed
president judge by the Supreme Court.
No speci-
fied term is set for those positions filled by
seniority.
President judges who are elected by
their peers serve 5-year terms.
b. Court of Common Pleas judges must be mem-
bers of the bar.
For
period of
1 year preceding
their election or appointment and during their
continuance in office, they must have resided
within their respective districts.
403
c. Court of Common Pleas judges are selected in
the same manner and for the same term as Supreme
Court justices.
Reference Section 1.4.c.
(Const., Art. V, 1110, 12; 42 Pa. C.S.A. 13251
3.5 Administration
a. Whereas there is no provision for a chief
judge over all the Courts of Common Pleas, each
Court of Common Pleas district has a president
judge.
In courts with more than one division, the
president judge may make temporary divisional re-
assignments.
Each division of a court having
three or more divisions is presided over by an ad-
ministrative judge, who assists the president
;udge in supervising and administering the busi-
ness of the court.
Reference Section 4.5.5.a.
b. There is no provision for an administrator
over all the Courts of Common Pleas.
Subject to
the approval of the Supreme Court, the state Court
Administrator (reference Section 5.2.b) is empow-
ered to appoint district court administrators, who
serve the individual districts.
At present there
are 44 district court administrators.
This ap-
pointment authority has been delegated to the
president judge of the judicial district.
The
duties of district court administrators include
the following:
(
1) Implementat}on of policies set by the
Court Administrator.
(
2) Assistance to the Office of the Court
Administrator in setting statewide policy.
(
3) Preparation, submission, and manage-
ment of the court's budget.
(
4) Recruiting, hiring, training, evalua-
ting, and monitoring personnel of the court.
(
5) Management of space, equipment, and
facilities of the court.
(
6) Dissemination of information concern-
ing, or of interest to, the court.
(
7) Procurement of supplies and services.
(
8) Custody and disbursement authority
over court funds.
(
9) Preparation of reports.
(10) Jury management.
(11) Study and improvement of'easeflow,
time standards, and calendaring.
(12) Mechanization and computerization of
court operations, where feasible.
(13) Responsibility for the assignment,
listing, and disposition of all arbitration
matters.
(14) General supervision of the minor ju-
diciary system of the district.
c. Most Courts of Common Pleas are served by
two elected clerks.
The prothonotary handles the
civil docket, while the clerk of Court handles the
criminal docket.
There are no formal provisions
for assigning administrative or supervisory duties
to the clerks.
(Pa. R.J.A., 503, 702, 706; Supreme Court
Order, dated December 9, 1975; 1975 Re_ROrt,
p. 23; Couit Administrator]
3.6 Rule-vtaking.
The Court of Common Pleas h s
authority to establish rules regulating prac ice
and expediting'proceedings so long as they are not
inconsistent with the general rules of the Supreme
Court.
(42 Pa. C.S.A. 1323; Pa. R.J.A., 103, 1900
Courts of Limited or Special Jurisdiction
'
4.1.1 COMMUNITY COU1T.
The Community Court has no
established terms.
4 21
4.
4.2.1 Organization.
No Community Court has been
established to date.
A Community Court may be es-
tablished in any judicial district by a ajority
of the voters.
The legislature may establish di-
visions of the court as required.
[Const., Art. V, 161
4.3.1 Jurisdiction
a.-The establishment of a Community Cdurt in a
judicial district would supplant the District Jus-
tices or the Philadelphia Municipal Court and
Philadelphia Traffic Court.
(It would not supplant
the Pittsburgh Magistrates Court.)
The court would
have jurisdiction formerly exercised by these
courts in the particular judicial district in which
it was estsh11shed (reference Sections 4.3;2.a,
4.).3.a, and 4.3.5.a).
b. The Community Court has no appellate
jurisdiction.
142 Pa. C.S.A. 111051
4.4.1 Judges (0)
a. President judges are selected in the same
manner and for the same term as president judges
in Court of Common Pleas.
Reference Section 3.4.a.
b. Community Court judges must be United States
citizens and must be residents of the geographical
jurisdiction they serve.
c. Community Court judgea are selected in the
same manner and for the same term as Supreme Court
justices.
Reference Section I.4.c.
4.5.1 Administration
a. Community Court president judges perform
the same administrative duties as Superior Court
president judges.
Reference Section 2.5.a.
b. There are no provisions for administrators
for the Community Court.
Reference Section
c. The clerk of the Community Court has re-
sponsibilities as determined by the court.
Rule-makinf.
Each court may make rules of
court governing its practice so long as the rules
are not inconsistent with the general rules of the
Supreme Court.
The president judge of each court
may promulgate administrative rules and regula-
tions.
142 Pa. C.S.A. 1323; Pa. R.J.A. 1031
4.1.2 PHILADELPHIA MUNICIPAL COURT.
The Philadel-
phia Municipal Court is in session as often as its
judges deem necessary and proper.
142 Pa. C.S.A. 1324]
4.2.2 Organization.
Court is held at such loca-
tions within the First Judicial District as ap-
proved by the president judge.
The process of the
court extends beyond the territorial limits of the
City and County of Philadelphia to the extent nec-
essary by general rule.
There are no specialized
divisions of the Municipal Court.
142 Pa. C.S.A. 111122, 1123; Court
Administrator]
4.3.2 Jurisdiction
a. The Municipal Court has jurisdiction in
the
following atters:
committing agistrate's juris-
diction in all criminal atters; all criminal of-
fenses with aaximum prison sentence of 5 years,
including indictable offenses under the vehicle
laws; ummary offenses involving
aximum jail
sentence of 90 days, except those within the ju-
risdiction taf the Philadelphia Traffic Court; com-
issioner's jurisdiction to preside at arraign-
ments, fix and accept bail, and issue warrants;
landlord-tenant cases; civil cases involving $1,000
or less, in assumpsit, trespass; or for fines and
penalties by any government agency.
404
b. The Municipal Court has no appellate juris-
diction.
142 Pa. C.S.A. 111123, 1123(a)(2), Pennsyl-
vania Rules of Criminal Procedure (hereinafter
Pa. R. Crim. P.), Chapter 6000]
4.4.2 Judges (22)
a. The president judge is elected by the
judges of the Municipal Court.
(In 1918, when the
last non-lawyer judge left the Municipal Court
bench, the court's president judge could be, and
was, selected by election of the court's members
rather than appointed by the president judge of
the Court of Common Pleas of Philadelphia.)
The
administrative head of the Municipal Court serves a
5-year term.
b. Municipal Court judges must meet the same
qualifications as Court of Common Pleas judges.
They must also be admitted to the Pennsylvania Bar.
Reference Section 3.4.b.
c. Municipal Court judges are selected in the
same manner as Sup)Fme Court justices.
Reference
Section I.4.c.
Af er serving 6-year terms, they
can file for an unopposed retention election.
[Const., Art. V, 1115, I6(h), Pa. R.J.A. 706;
Court Administrator]
4.5.2 Administration
a. The Philadelphia Municipal Court president
judge performs the same administrative duties as a
president judge of the Superior Court.
Reference
Section 2.5.a.
b. There is no provision for an administrator
for the Philadelphia Municipal Court.
Reference
Section 3.5.b.(14).
c. Clerks are appointed by the court.
There
are no formal provisions for assigning administra-
tive or supervisory duties to the clerks.
142 Pa. C.S.A. 123011
4.6.2 Rule-making.
Every court has power to make
such rules and orders of court as the interest of
justice or the business of the iourt may require,
provided they are consistent with the general
rules of the Supreme Court.
The Municipal Court
has the power to promulgate administrative rules
and regulations.
(42 Pa. C.S.A. 13231
4.1.3 PHILADELPHIA TRAFFIC COURT.
Sessions of the
Philadelphia Traffic Court are held as its judges
deem necessary and proper.
142 Pa. C.S.A. 11324, 1332; Court
Administrator]
4.2.3 Organization.
The Philadelphia Traffic Court
(which serves the City and County of Philadelphia)
is a constitutionally established court.
There are
no specialized divisions of the CQUTZ.
[Const., Art. V., 111, 6; 42 Pa. C.S.A.
111301, 1302, 1321, 13311
4,3,3 Jurisdiction
a. The Traffic Court has jurisdiction over all
summary offenses arising under the State Vehicle
Code and also over violations of all ordinances
enacted pursuant to that code.
This jurisdiction
is exclusive in Philadelphia.
b, The Philadelphia Traffic Court has no appel-
late jurisdiction.
[42 Pa. C.S.A. 111302, 1321]
4.4.3 Judges (6)
a. The president judges are appointed by and
serve at the pleasure of the Governor.
b. Philadelphia Traffic Court judges must be
United States citizens and must hove reisided in
the city for at least
1 year prior to assuming
office.
4 r) 9
c. Philadelphia Traffic Court judges aro elect-
ed.
After erving 6-year terms, they can file for
an unopposed retention election.
[Const., Art. V, §§10, 12, 13, 15; 42 Pa.
C.S.A. §2131 to §2135]
4.5.3 Administration
a. Each multi-judge Traffic Court is required
to have a president judge.
Traffic Court presi-
dent judges perform the same duties as Superior
Court president judges.
Reference Section 2.5.a.
b. There are no provisions for administrators
for the Traffic Court.
Reference Section
3.5.b.(14).
c. Clerks are appointed by the court.
There
are no formal provisions for assigning administra-
tive or supervisory duties to the clerks.
[Const., Art. V, §10; 42 Pa. C.S.A. 52301]
4.6.3 Rule-making.
Traffic Courts may promulgate
procedural rules, provided that they are consis-
tent with Supreme Court rules.
The president
judge of a Traffic Court may promulgate adminis-
trative rules and regulations.
142 Pa. C.S.A. 5323; P. R.J.A. 103]
4.1.4 PITTSBURGH MAGISTRATES COURT.
The Pittsburgh
Magistrate Court, with magistrates serving by as-
signment, is open at such times as are designated
by Pittsburgh city ordinance or prescribed by gen-
eral rule.
(Reference Section 4.3.,5.a)
142 P. C.S.A. 5324]
4.2.4 Organization.
The Pittsburgh Magistrates
Court is established by law.
Court locations are
designated by city ordinance.
There are no provi-
sions for specialized divisions of the court.
When
hearing traffic cases, this court is known as the
Pittsburgh Traffic Magistrates Court.
[42 Pa. C.S.A. §1331]
4.3.4 Jurisdiction
a. The Pittsburgh Magistrates Court has juris-
diction over all ordinance violations.
When sit-
ting as Traffic Court, it has jurisdiction over
all summary offenses arising under the Vehicle
Code.
Its civil jurisdiction extends to those
claims for the recovery of fines and penalties im-
posed by ordinance.
It may also hold preliminary
hearings and commit to jail, bind over for trial,
or discharge the accused person.
When the Pitts-
burgh Traffic Magistrates Court is closed, the
District Justice Court in Pittsburgh has concurrent
jurisdiction over traffic and ordinance violations.
b. The Pittsburgh Magistrates Court has no ap-
pellate jurisdiction.
[42 P. C.S.A. §1143]
4.4.4 Judges (6)
a. The president judge of Pittsburgh Magis-
trates Court is designated by the mayor for a 4-
year term.
b. Pittsburgh Magistrates Court judges must
meet the same qualifications se Traffic Court
judges.
Reference,Section 4.4.3.b.
In addition,
the judges cannot all be of the same party.
c. Pittsburgh Magistrates Court judges are ap-
pointed by the mayor with the approval of the City
Council.
Judges serve for the term 4of the appoint-
ing mayor, (4 years).
[42 Pa. C.S.A. 551331, 1332(d), 3152; Court
Administrator]
4.5.4 Administration
a. As a multi-judge court, the Pittsburgh Mag-
istrates Court has a presiding magistrate.
b. There is no provision for an administrator
for the Pittsburgh Traffic Court.
Reference Sec-
tion 3.5.b.(14).
c. Clerks are appointed by the court.
There
are no formal provisions for assigning administra-
tive or upervisory duties to the clerks.
[Const., Art. V, §10; 42 Pa. C.S.A. 52301;
Presiding Magistrate]
4.6.4 Rule-making.
The Pittsburgh Magistrates
Court has the same rule-making authority as the
Philadelphia Traffic Court.
Reference Section
4.6.3.
405
4.1.5 DISTRICT JUSTICE COURT (all counties except
Philadelphia).
The Diotrict Justice Court meets
in facilities provided by the county.
Its
sessions are generally suited to the volume of
work in its magisterial district and to its
convenience, except that one distrist judge is
available at all times in each district.
[42 Pa. C.S.A. 51514; Pa. R. Crim. P., 23(a)]
4.2.5 Organization.
Magisterial districts are de-
termined by a statutory formula based on popula-
tion and population density.
In every year fol-
lowing the federal census, the number, boundaries,
and classes of magisterial districts are reestab-
lished by the Supreme Court, or by the Court of
Common Pleas of the district under the direction
of the Supreme Court.
There are no specialized
divisions of the court.
[42 P. C.S.A. 51503]
4.3.5 Jurisdiction
a. Except as otherwise provided, district jus-
tices have jurisdiction in summary offenses, ex-
cept those within the jurisdiction of a Traffic
Court; in landlord-tenant matters; and in civil
claims of $2,000 or less, in assumpsit, trespass;
and fines and penalties by any government agency.
They also preside at arraignments, fix and accept
bail, and perform similar duties.
District jus-
tices may hear most misdemeanors of the third
class, if the defendant pleads guilty, personal
.
injury and/or property damage is less thsn $100,
and the misdemeanor is not a result of
recluced
charge.
b. The DistYict Justice Court has no appellate
jurisdiction.
[42 Pa. C.S.A. §1515(a)]
4.4.5 Judges (555)
a. The District Justice Court does not have a
presiding judge.
b. District justices must meet the same quali-
fications as Traffic Court judges.
Reference Sec-
tion 4.4.3.b.
c. District justices are selected in the same
,
manner as Supreme Court justices.
Reference Sec-
tion 1.4.c.
After serving 6-year terms, they may
not, however, file for a retention election, but
must run in
bi-partisan election for a new
6-year term.
[Const., Art. V, S15; Court Administrator]
4.5.5 Administration
a. There are no provisions for presiding
judges for the District Justice Court.
The presi-
dent judge of the Court of Common Pleas exercises
general supervision and administrative control
over justices of the peace and constables within
his judicial district.
b. There are no provisions for administrators
for the District Justice Court; however, the stat'e
Court Administrator im empowered to appoint dis-
trict court administrators.
The administrator/
coordinators who are appointed are responsible for
the general supervision of the minor judiciary
system of the district.
Reference Section
3.5.b.(14).
c. Clerks are appointed by the court.
There
are no formal provisions for assigning administra-
tive duties to the clerks.
[42 Pa. C.S.A. S2301; Rules Governing Stan-
dards of Conduct of Justices of the Peace, No.
17; Court Administrator]
4.6.5 Rule-making.
The Supreme Court has the
power to prescribe general rules governing prac-
tice, procedure, and the conduct of District Jus-
tice Courts.
[Const., Art. V, S10]
State-Level Administration
5.1 General adminigiratVe authority.
The Supreme
Court exercises general supervisory and adminis-
trative authority over all the courts and justices
of the peace, including authority to
temporarily
assign judges and justices of the peace from one
court or district to another.
In addition, the
Supreme Court may delegate supervisory and
admin-
istrative powers, appoint and remove district
court administrators,and other
personnel, and pro-
vide for the assignment of classes of matters
among the courts.
The Chief Justice, with the as-
sistanc6 of the State Court Administrator, assigns
retired judges to temporary service.
The Chief
Justice and the Governor jointly approve the
site,
character, quantity, and methods of distribution
of the various publications to be printed for the
use of the judicial department.
The Chief Justice
presides over the trial of any contested
election
of the Governor or lieutenant governor.
Reference
Section 1.5.a.
[Const., Art. IV, S17, Art. V, S10; 42 Pa.
C.S.A. S503; 71 Pennsylvania Statutes
S636;
Pa. R.J.A., 503, 701]
5.2 Office of the Court Administritor
a. The Administrative Office of the Pennsyl-
vania Courts is established bY the constitution.
b. Court Administrator
(1) The Court Administrator is a constitu-
tional officer.
(2) Formal qualifications for the Court Ad-
ministrator have not been prescribed by statute or
court rule.
The Court Administrator is appointed
by the Supreme Court.
He serves 'at the pleasure
of the court.
(3) Under the supervision of the Supreme
Court, and to a certain extent the Judicial Coun-
cil, the Court Administrator performs the follow-
ing funtrions:
(a)
Maintenance of centralized person-
nel records for state-paid court personnel.
(b)
Financial administration of the
judicial system, including budget preparation and
presentation.
(c)
Management of the system's educa-
tional and.training programs.
(d)
Supervision of administrative and
business Setters relating to offices of prothono-
taries and clerks, including the institution of
uniform proce4ures.
(e)
Review of the operations of the
system and submiesion of recommendations
for
change.
(f)
Representation of the judicial sys-
tem before the General Assembly.
(g)
Collection of statistical and fi-
5
nancial information and preparation of required
reports.
The Court Administrator also serves as the
secretary and chief administrative officer of the
Judicial Council.
Reference Table 29:
Judicial
councils and conferences.
c. Office organization.
The office has its
headquarters in Philadelphia.
However, its fiscal
office is located in Harrisburg.
The Administra-
tive Offiee of the Pennsylvania Courts consists of
52 people:
27 professionals (including the Court
Administrator) and 25 clerical personnel.
The
professional staff provides support services in
the following areas:
systems analysis, program-
ming, and computer operations; court coordination,
facilities management, and other court services;
payroll, accounting, and budgeting; education and
training; personnel systems and office management;
legislative, executive, public, and media informa-
tion; legislative and executive liaison; and
plan-
ning and research activities including statistical
compilation, judicial planning, research, statis-
tical analysis, and legal services.
Legal counsel
to the Court Administrator provides legal
repreien-
tation for state judges if they are sued in
their
official capacity.
The department also monitors
legislation in terms of its effect on the judicial
branch and its relationship to present statutory
law.
The legal staff consists of two full-time
attorneys and several part-time law students.
[Const., Art. V, SSIO, 10(b); Pa. R.J.A. 302,
501, 502, 504; 1975 Report, p. 13; 42 Pa. C.S.
1902; Court Administrator]
Quasi-Judicial Officers
6..1.1 TRIAL CQURTS
6.2.1 Master
a. Qualifications and selection are
left to
the discretion of the appointing court.
b. Duties are left to the discretion of the
appointing court.
[Divorce Act 26-A, 19801
6.1.2 TRIAL COURTS
6.2.2 Commissioner
a. Qualifications and selection are left to
the discretion of the appointing court.
b. Duties are left to the discretion of the
appointing court.
[Court Administrator]
6.1.3 TRIAL COURTS
6.2.3 Referee
a. Qualifications and selection are
left to
the discretion of the appointing court.
b. Duties are left to the discretion of the
appointing court.
[Court Administrator]
6.1.4 TRIAL COURTS
6.2.4 Arbitrator
a. Arbitrators must be attorneys.
Any further
qualifications are imposed by local rule.
In most
counties, arbitrators are selected from lists
of
volunteers, eithet randomly or by alphabet.
b. Arbitrators determine disputes in arbitra-
tion.
The monetary amount varies between
$2,000
and $20,000.
[42 Pa. C.S.A. S7361; Court Administrator]
406
4 r)
Figure 2:
Pennsylvania state-level administrative office of the courts, 1980
Stets
Court
Administrator
Special
Aasiatant,
Government
Relations
Common Pilule
Education and
Liaison
Director of
Internal
Management
Office
Manager
Manager
of Data
Processing
Director of
Administrative
Services
Director of
Special Courts
Administration
Director of
Planning end
Development
L.
Atcoueting
Payroll
Coordinator
of District
Judge Affairs
tCoordlnator
Constable
Affairs
Docket
Transcript
Records
Management
LEAA Grant
Records
Moniter
bistrict
Education
Statistics
Appellate
Semefits
Personnel
Justice
Accounting
Service.
Office,
District Judie
and Constable
and
Evaluation
Records/
Judicial
Assignments
Judicial Discipline
7.1-Judicial Inquiry and Review Board.
The Judi-
cial Inquiry and Review Board has nine members:
three judges of the Court of Common Pleas and two
judges of the Superior Court, all appointed by the
Supreme Court; two nonjudge members of the bar, ap-
pointed by the Governor; and two nonlawyer voters,
appointed by the Governor.
fConst., Art. V, S181
7.2 Authority and.Procedure for Sanction.
Judges
may be impeached for isbehavior in office.
Judges of courts not of record can be
yedrb;%-
4 90
408
the Governor for good cause, after due notice and
full hearing, on addresi of two-thirds of the
Senate.
The Supreme Court may order the suspen-
sion, removal, discipline, or compulsory retire-
ment of any judge following a hearing by the Judi-
cial Inquiry And Review Boird.
The board investi-
gates complaints concerning justices or judges and
may conduct a hearing following'the investiga-
tion.
If it finds cause, the board recommends to
.the Supreme Court the suspension, removal, discip-
line, or compulsory retirement of the justice or
judge.
The Supreme Court may hear additional evi-
dence before issuing its order.
(Const., Art. V, SS8, 18, Art. VI, SS6, 7]
Nis
4Ik
4
RHODE ISLAND
Court of Last Resort.
1.1 SUPREME COURT.
The court sits in Providence,
but may hold sessions at other places in the state.
The court is in session from the first Monday of
October until the second Monday of July, and at
other times as the court deems proper.
[General Laws of Rhode Island, 1956, (herein-
after G.L.R.I.) Section 8-7-11
1.2 Organization.
The Supreme Court does not sit
in panels.-
1.3 Jurisdiction
a. The Supreme Court is empowered to issue pre-
rogative writs and has other original jurisdiction
as granted by law.
The court must rule on any
question of law when requested by the Governor or
either house of the General Assembly.
b. The Supreme Court has final revisory and
appellate jurisdiction over all questions of law
and equity.
The court has jurisdiction in peti-
tions for trials and new trials, appeals and certi-
fications to the court, and in special cases in
which parties having adversary interests concur in
,
stating questions for the opinion of the court.
[Constitution,, Article XII, Sections 1, 1.2;
G.L.R.I. 18-1-21
4
1.4 Justices (5)
a. The Chief Justice is appointed by the state
legislature and serves an indefinite term.
,b. Supreme Court justices must be citizens of
the United States, must be at least 21 years of
age, and must have been a state resident for 2
.
years.
c. Supreme Court justices are appointed by the
state legislature in grand committee and hold
office until their offices are declared vacant by
a majority resolution of the General Assembly.
[Const., Art. X,
141
1.5 Administration
a. The Chief Justice is the executive head of
the judicial system.
He exercises administrative
supervision over the entire court system through
the State Court Administrator; the presiding jus-
tice and the administrative Clerk of the Superior
Court; the chief judge, administrative judge, and
administrator of the Family Court; and the chief
judge and administrative assistant of the District
Court.
Reference Section 5.1 (General administra-
tive authority).
The Chief Justice has administra-
tive duties to perform for the Supreme Court; how-
ever, the individual justices retain complete
authority over their law clerks and secretaries.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The position of clerk of the Supreme Court
is authorized by statute.
The clerk is appointed
by the Governor, with the advice and consent of the
Senate, and serves a 5-year term.
There are no
formal qualifications for the position and no for-
mal provisions for assigning administrative duties
to the clerk.
He supervises a chief deputy and two
appeals tlerks and has responsibilities as deter-
mined by the court.
(G.L.R.I. $18-4-1, 8-4-2, 8-15-2; State Court
Administrator)
1.6 Rule-making.
By statute, the Supreme Court,
Superior Court, Family Court, and the District
Court have the power to make rules for regulating
practice and procedure therein.
These rules are
subject to approval of the Supreme Court and, when
in effect, supersede any statutory regulations that
may conflict.
The Supreme Court is also empowered
to make rules for regulating the business of the
court.
The Supreme Court does not make administra-
tive rules for other courts.
[C.L.R.I. 18-6-2; State Court Administrator)
Intermediate Appellate Court
2.0 There is no intermediate appellate court in
Rhode Island.
Court of General Jurisdiction
3.1 SUPERIOR COURT.
The court sits in Providence
and Bristol Counties (which is considered one ju-
dicial jurisdiction), Newport, Kent, and Washington
Counties.
Terms are defined by statute.
[G.L.R.I. IS8-2-3, 8-2-12, 8-7-21
3.2 Organization.
The Superior Court sits in four
locations.
[G.L.R.I. 18-2-121
3.3 Jurisdiction
a. The Superior Court has Original jurisdiction
in all crimes, misdemeanors, and offensei, except
as otherwise provided by law.
All indictments
found by grand juries are returned to the Superior
Court.
The court has original civil jurisdiction
in actions involving real estate and in cases.where
the amount in controversy exceeds a dollar amount
of $5,000.
b. The SuperioV Court has appellafe jurisdic-
tion as provided by law.
The court hears appeals
from theDistrict and Probate Courts.
[G.L.R.I. 118-2-14, 8-2-15, 8-2-171
3.4Justices (19)
a. The presiding justice over all the Superior
Courts is appointed.by the Governor and confirmed
by the legislature, and serves indefinitely during
good Behavior.
There are no provisions for pre-
siding justices for the individual Superior Courts.
b, Superior Court justices must be citizens of
the United States, must be admitted to the Rhode
Island Bar, and must be at least 21 years of age.
c. Superior Court justices are appointed by the
Governor, subject to legislative confirmation, to
fill vacancies in the court, and serve indefinitely
during good behavior.
409
4 27
Figure 1:
Rhode island cOurt system, 1980
stleftliMI MUM'
5 justices
Jurisdiction:
Final civil and criminal appellate juris-
diction.
I
Certiorari
review
1
5
RIOR COURT (4)
1! justices
Jurisdiction:
Civil actions over $5,000, equity, condem-
nations, and nisi estate setters.
Exclusive jurisdiction in flony etters:
Misdemeanors and extradition matters.
Appeals da novo.
Jury trials.
,
DISTRICT COURT (N)
13 judges
Jurisdiction:
- Civil actions under $5,000, smell
claims under $500, mental health, and
housing code violation..
- Municipal ordinance violations, misde-
meanors, and preliminary hearing..
Adldnistrative agency appeals.
Ns jury trials.
+
!FAMILY COURT
11 judges
Jurisdiction:
- Domestic relations, adoption, non-
support, and paternity.
- Adult crimes against juveniles.
- Juvenile delinquency, dependency,
and mental health.
- Traffic setters.
MUNICIPAL COURT (3)
5 part-time judses
Jurisdiction:
- Original jurisdiction in municipal
ordinance violationa.
- Traffic netters, including parking
violations.
No jury trials.
tIndicates routs of appeal.
.,
PROBATE COURT (3,7
V
3$ part-time judges
Jurisdiction:
- Estate cases, adult guardianship,
settlement of claim., and jurisdic-
tion in all general probate matters.
Ilk
i3eS
1 Court of
last
resort
1
Court of
general
jurisdiction
11111,
4
=MM.
Courts of
limited
jurisdiction
10-2-2; State Court Administrator)
3.5 Administrat*
a. The presiding justice over all the Superior
Courts is the administrative head of the Superior
Court and haw control of court calendars and the
assignment of justices.
The presiding justice is
also responstble for the collection of court sta-
tistics and has general supervisory control over
all court stenographers and secretaries.
He is
responsible for maktng recommendations to the Chief
Justice regarding any matters concerning the Supe-
rtor and District Courts.
There are no provisions
for presiding justices for the individual Superior
Courts.
6. The positton of administrative clerk over
all the Superior Courts ts authorized by statute.
The administrattve clerk performs duties as as-
signed by the presiding justice.
There are no pro-
visions for admintstrators for the individual Supe-
rior Courts.
c. Clerks of the Superior Court are appointed
by the Governor to 5-year terms.
There are no*
formal provisions for assigning administrative
duties to the clerk.
Each of the clerks supervises
a number of deputy and assistant clerks and has re-
sponsibilities as determined by his respective
court.
IG.L.R.I. S18-2-4, 8-2-6, 8-2-11; State Court
Administrator]
3.6 Rule-makin&.
The Superior Court may make rules
for the regulation of practice, procedure, and the
business of the court, subject to the approval of
the Supreme Court.
These rules supersede any stat-
utory regulations that may confltct.
[G.L.R.I. S8-6-2]
Courts of Limited or Special Jurtsdictton
4.1.1 FAMILY COURT.
The Family Court sits in con-
tinuous session.
IG.L.R.I. SS8-7-10, 8-10-24]
4.2.1 Organization.
There are no geographtcal
divisions of the Family Court.
Each Family Court
has an intake department to receive applications
and complatnts relating to juvenile matters and to
conduct investigations and report findings to the
court.
The unit reviews the situation of juveniles
before the court makes a determination regarding
detention.
(G.L.R.I. S18-10-17, 8-10-22]
4.3.1 Jurisdiction
a. The Family Court has jurtsdiction in all
petitions for divorce, support and alimony matters,
and child custody disputes.
The court also has
jurisdiction over delinquent juveniles, neglected
or mentally defective children, paternity disputes,
and adoptiohs.
b. The Family Court has no appellate jurisdic-
tion.
(G.L.R.I. 18-10-3]
4.4.1 Judges (ll)
a. The Governor appoints the chief judge over
all the Family Courts and submits the appointment
to the Senate for confirmation.
The appointment
is for life.
The chief judge designates one member
of the court as administrative judge.
b. Family Court judges must be citizens of the
United States and must be at least 21 years old.
c. Family Court judges are appointed by the
Governor, who submits the appointment to the Senate
for confirmation.
Judges hold office for life
during good behavior.
411
(C.L.R.I. i8-10-11; Courts of Limited Jurisdic-
tion, p. 323; State Court Administrator]
4.5.1 Administration
a. The chief judge has supervisory control of
calendars and the assignment of judges.
All court
personnel are responsible to the chief judge.
The
administrative judge assists the chief judge with
court administration.
b. The position of admtnistrator is authorized
by statute.
The chtef judge of the Family Court
appoints an individual to serve at his pleasure.
The administrator prepares the court budget,
collects statisttcs and prepares the annual report,
supervises court staff and all fiscal matters, and
performs duties as assigned by the chief judge.
T6ere are no provistons for administrators for the
indtvtdual Family Courts.
c. The office of Family Court clerk is Incor-
porated in the office of Family Court administra-
tor.
LG.L.R.I. SS8-10-14, 8-10-15; State Court
Administrator]
4.6.1 Rule-makina.
The Famtly Court may make rules
for the regulation of practice, procedure, and the
business of the court, subject to the approval of
the Supreme Court.
These rules supersede any
statutory regulations that may conflict.
IG.L.R.I. S8-6-2]
4.1.2 DISTRICT COURT.
The court sits in continuous
session for the transaction of business.
IG.L.R.I. S8-8-131
4.2.2 Organtzation.
The seat of court for each
district is determined by the chief judge.
The
state ts divided into eight geographical divisions.
There are no specialized divisions of the court.
(G.L.R.I. S8-8-2]
4.3.2 Jurisdtction
a. The Diatrict Court has jurtsdiction as may
be conferred by law over offenses against the
ordinances of cittes and towns.
It has original
jurtadiction over offenses punishable by a ftne not
exceeoring $500 or by imprtsonment not exceedtng 1
year.
The court also has jurisdiction over all
cases at law where the amount in controversy does
not exceed a dollar amount of $5,000.
In addition,
the Distrtct Court has jurisdiction tn actions for
possession of tenements or estates let, and in
actions of replevin tnvolving a dollar amount less
than $5,000.
The court has no jurisdiction in
cases of equtty but may tssue writs of habeas
corpus.
b. The District Court has appellate juris-
diction over certain administrative agency deci-
stons.
(G.L.R.I. ii8-8-3, 8-8-4, 12-3-1, 42-35-151
4.4.2 Judges (13)
a. The Governor appoints the chief judge over
all the districts of the District Court with the
advice and consent of the Senate.
The appointment
is for life.
There are no provisions for chief
judges for the individual districts.
b. District Court judges must be members of the
state bar.
c. astrict Court judges are appointed by the
Governor with the advice and consent of the Senate.
They hold office for life during good behavior.
IG.L.R.I. S8-8-7; State Court Administrator]
4.5.2 Administration
a. The chief judge of the District Court must
report annually to the Chief Justice of the Supreme
Court regarding the business of the court.
He pre-
4 2R
sides over the District Court Conference (a yearly
meeting of all District Court judges), supervises
the collection and publication of court statistics,
assigns vacations for District Court judges, and
assigns judges to serve in divisions.
The chief
judge is responsible for promulgating rules
relating to licensed constables.
There are no
provisions for chief judges for the individual
districts.
b. There is an administrative assistant
appointed by the chief judge under the general
statutory provisions on internal court administra-
tion.
He exercises authority as delegated by the
chief judge.
There are no provisions for adminis-
trators for the individual districts.
c. The position of chief clerk of the District
Court is authorized by statute.
The chief clerk
has general supervisory power over all the clerks
of the court and is responsible to the chief judge
for the proper and efficient operation of the
court.
The chief clerk may transfer clerks when
necessary, and must systematize all record keeping
throughout the court.
The collection of court
statistics is a responsibility of the chief clerk.
[G.L.R.I. 118-8-12, 8-8-15, 8-8-19, 8-8-21,
8 15-6; State Court Administrator]
4.6.2 Rule-making.
The District Court may make
rules for the regulation of practice, procedure,
and the business of the court, subject to the
approval of the Supreme Court.
These rules super-
sede any statutory regulations that may conflict.
[G.L.R.I. 68-6-21
4.1.3 PROBATE COURT.
Terms of the Probate Court
vary among the 39 different jurisdictions.
Most
are in session once each month.
[State Court Administrator]
4.2.3 Organization.
The Probate Court is estab-
lished in the individual cities and towns.
In some
cities or towns, the City Council or Town Council
is authorized to sit as the Probate Court.
The
council may appoint annually a member of the state
bar to be available to sit as a judge of the Pro-
bate Court.
Whenever a party to any contested
matter so requests, the Town Council designates the
said appointee to sit as a judge to hear the con-
tested matter.
In towns where the council does not
serve as the court, the Probate Court judge hears
all matters, not just contested cases.
There are
no specialized divisions of the court.
[G.L.R.I. 668-9-2, 8-9-9; State Court Adminis-
trator]
4.3.3 Jurisdiction
a. The Probate Court has jurisdiction in the
probate of wills, the administration of estates,
adult guardianship, settlement of claims, and all
general probate jurisdiction.
b. The Probate Court has no appellate jurisdic-
tion.
[G.L.R.I. 18-9-91
4.4.3 Judges (39 part-time)
a. The Probate Court does not have presiding
judges.
b. A Probate Court judge must be a member of
the bar and generally serves a 2-year term, but
this varies from town to town.
c. Vacancies in the office of Probate Court
judge are filled by appointment by the Town or City
Council.
[G.L.R.I. 118-9-2.1, 8-9-2.3; State Court Ad-
inistrative Office.
See also local home rule
chararters.]
4.5.3 Administration
a. There are no provisions for
presiding judges
for the Probate Court.
b. There are no provisions for administrators
for the Probate Court.
Reference Section 5.2.b
(state-level administrator).
c. The town or city clerks act as clerks of the
Probate Court.
The clerks have no formal adminis-
trative responsibilities or informal supervisory
duties.
[G.L.R.I. 18-9-6; State Court Administrator]
4.6.3 Rule-making.
General laws dictate the pro-
cedure for the Probate Court, but the individual
cities and towns are allowed considerable liberty
in making rules for the Probate Court.
[G.L.R.I. 118-9-1, 8-9-21
4.1.4 MUNICIPAL COURT.
The Municipal Court in
Providence sits in continuous session.
Municipal
Courts outside of Providence meet once a week or
once every other week.
[State Court Administrator]
4.2.4 Organization.
Municipal Courts are esfab-
lished by Home Rule Charter in the cities of
Providence and Pawtucket.
A Municipal Court is
also authorized in Warwick County.
[G.L.R.I. 145-2-191
4.3.4 Jurisdiction
a. The Municipal Court has original
jurisdic-
tion in municipal ordinance violations.
The court
primarily handles parking violations.
b. The Municipal Court has no appellate juris-
diction.
[Courts of Limited Jurisdiction:
A National
Survey, pp. 326-3271
4.4.4 Judges (5 part-time)
a. The Municipal Court does Aot have presiding
judges.
b. Qualifications are established locally for
Municipal Court judges.
c. Municipal Court judges are appointed by the
City Council for 2-year terms.
[Courts of Limited Jurisdiction, p. 3261
4.5.4 Administration
a. There are no provisions for
presiding judges
for the Municipal Court.
b. There are no provisions for administrators
for the Municipal Court.
c. The clerk has responsibilities as determined
by the court.
[State Court Administrator]
4.6.4 Rule-making.
Procedure in the Municipal
Court is handled on an ad hoc basis.
State-Level Administration
5.1 General administrative authority.
The Chief
Justice is the executive head of the Rhode Island
judicial system.
The Supreme Court has general
supervision over all trial courts in the state.
The Chief Justice may temporarily assign judges to
sit on different courts in order to facilitate 0
court business.
In addition, the Chief Justice
appoints the State Court Administrator and adminis-
trative staff and an advisory board as he deems
necessary to assist him in administrative matters.
Reference Section 1.5.a.
[G.L.R.I. 18-15-2 to 18-15-5]
5.2 Office of the State Court Administrator
a. There is no specific authorization for the
administrative office.
4 1
Figure 2: Rhode Island state-level administrative office of the courts, 1980
Chief
Deputy
Clerk
State
Court
Administrator
Deputy
State Court
Adsdnistrator
Central State
Registry
Collections
Supervisor
Judicial
Records
Center Records
Analyst
4111111111M.
Business
Menager
Systems analysis
Payroll
Programming
- Accounting
Computer operation
- Auditing
Records management
- Budgeting
- POMO development
- Purchasing
Pw,
413
Judicial
Planning
Unit
Coordinator
- Ststiatical com-
pilation
4
- JPC/planning
- Research
Statistical analysis
- Legislative drafting
Court coordination
Statewide
Judicial
Information
Systems
Director
- Legislative, exec-
utive, public,
and media
information
- Legislative liaison
- executive liaison
b. State Court Administrator
(1) Th position of Stat Court Administra-
tor is established by statute.
(2) There are no formal qualifications for
the position.
The State Court Administrator is
appointed by the Chief Justice and srves at his
pleasure.
(3) The State Court Administrgeor prepares
an annual budget for the
judicial system, presents
an annual report on the status
of the courts'
business, and performs all other administrative
duties as assigned by the Chief Justice.
c. Office organization.
The Office of the
State Court Administrator consists of 32 people:
27 professionals (including the State Court
Admin-
istrator) and 5 clerical personnel.
The profes-
sional staff provides support services in the
fol-
lowing areas:
systems analysis, programming, com-
puter operations, records management, and forms
development; court coordination, facilities manage-
ment, security coordination, and other court ser-
vices; payroll, accounting, auditing, budgeting,
and purchasing; education, training,
library, and
publications; personnel systemyylegislative, ex-
ecutiv, public, and media in-formation,
legislative
liaison, and executive liaison; and planning and
research activities, which include
statistical com-
pilation, judicial planning, research, statistical
analysis, and legislative drafting.
(G.L.R.1. 18-15-4; State Court Administrator)
Quasi-Judicial Officers
6.1.1 SUPERIOR COURT
6.2.1 Master in chancery
a. Masters in chancery may be
appointed by the
Superior Court, and serve at its pleasure.
b. Masters in chancery have responsibilities
as assigned, generally in divorce matters.
(G.L.R.I. 19-15-19; State Court Administrator)
6.1.2 FAMILY COURT
6.2.2 Master
a. Masters may be appointed by the
chief judge
of the Family Court.
Masters must be.lawyers, and
they serve at the pleasure of the court.
b. Mditera assist the court in matters pertain-
ing to delinquent support payments.
(G.L.R.I. 18-10-3)
4 ')
6.1.3 DISTRICT COURT
6.2.3 Bail Commissioners
a. Bail Commissioners are
appointed by the
chief judge of the District Court.
They must be
members of the bar of the state of Rhode Island.
b. Bail commissioners are justites of the peace
who are authorized to take bail in all
complaints
bailable before a division of the District Court
and, in default of bail, commit to an adult cor-
rectional institution all respondents arrested on
such complaints.
Judicial Discipline
7.1 Commission on Judicial Tenure.
The commission
consists of 13 members.
Three nonspecific members
and three lawyer members are selected by the
Governor with the approval of the Senate.
Three
members of the legislature (two from the House of
Representatives and one from the Senate) are
selected by the Speaker of the House and the Senate
Majority Leader, respectively.
At least one legis-
lative member must be a member of the minority
party.
Four members of the judiciary are selected
by the Supreme Court to be on the commission.
The
judicial members include one judge each from the
Superior, Family, and District Courts, and one
judge from any court, who serves as chairman of
the commission.
(G.L.R.I. 18-16-1)
7.2 Authority and procedure for sanction.
The
commission investigates charges of judicial unfit-'
nets and determines if the charge
is sufficient to
order hearings.
The judge may have counsel and may
cross-examine witnessep and present a defense if
he chooses.
All mattets before the commission are
kept confidential unless the judge involved re-
quests that they be made public.
Upon completion
of the hearings, the commission may dismiss the
case or may make recommendations to the
Supreme
Court for reprimand, suspension, retirement, or
removal of the judge.
The Supreme Court reviews
the recommendations of the commission and may take
action as necessary.
When the commission recom-
mends removal of a Supreme Court justice, the Su-
preme Court must transmit findings and
recommenda-
tions to the House where impeachment proceedings
begin pursuant to Article X, Section 4 and Article
XI of the state constitution.
(G.L.R.I. 18-16-4, 18-16-7)
SOUTH CAROLINA
Court of Last Resort
1.1 SUPREME COURT.
The Supreme Court sits in
Columbia and generally holds at least nine terms
per year.
A new term commences on the second
Monday of each month except July, August, and
September
[Code of the Lows of South Carolina (herein-
after Code) Section 14-3-610; Director, Court
Administration]
1.2 Organization.
The Supreme Court does not sit
in panels or divisions.
A quorum of three justices
is required to transact the business of the court.
[Constitution, Article V, Section 21
1.3 Jurisdiction
a. The Supreme Court has the jurisdiction to
issue writs or orders of injunction, mandamus, quo
warranto, prohibition, certiorari, habeas corpui,
and other remedial original writs.
b. The Supreme Court has appellate jurisdiction
in all chancery cases for both questions of law
and fact.
In law cases, the Supreme Court can hear
appeals from the Court of Appeals (when imple-
mented) but only through the granting of a writ of
certiorari.
Death sentences are appealed directly
to the Supreme Court.
[Code 1114-3-310, 14-3-3201 14-3-3301 14-8-200,
14-8-210]
1.4 Justices (5)
a. The Chief Justice js designated on his
selection to the court and serves his entire term
of 10 years.
b. Supreme Court justices must be citizens of
the United States and South Carolina, must have
been residents of the state for 5 years, must be
attorneys with 5 years of experience, and must be
at least 26 years old.
c. Supreme Court justices are elected to 10-
year terms by the joint public vote of the General
Assembly.
[Const., Art. V, 113, 11; Code 114-3-10; Direc-
tor, Court Administration]
1.5 Administration
a. The Chief Justice is the administrative head
of the judicial system.
He exercises administra-
tion and supervision over the entire court system
through the Director of the Office of South Caro-
lina Court Administration and the chief judges of
the Circuit Court, Family Court, and judges of the
Magistrate's Court.
Reference Section 5.1 (General
administrative authority).
The Chief Jastice has
no specifically articulated duties with regard to
the administration of the Supreme Court.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The court appoints a clerk to
4-year term.
ts.....1hausd with ictepin& records and providing
copies upon request.
[Code 1114-3-80, 14-3-130; Director, Court
Administration]
1.6 Rule-making.
The constitution gives the 5u-
415
prem. Court the power to promulgate rules of prac-
tice, procedure, and administration for all courts
in the state.
[Const., Art. V, 141
intermediate Appellate Court
Implementation of an intermediate appellate
court in South Carolina is anticipated for October
11
1981.
The court was not yet active during 19801
but a description of its anticipated structure and
function is included here.
[Director, Court Administration]
2.1 COURT OF APPEALS.
The court sits in Columbia
for nine terms per year.
Terms commence on the
fourth Monday of each month except July, August,
and September.
[Code 114-8-4001
2.2 Organization.
The court does not sit in panels
or divisions.
Three judges constitute a quorum.
The concurrence of three is necessary for the
reversal of any judgment.
The court has statewide
jurisdiction.
[Code 114-8-10]
2.3 Jurisdiction
a. The Court of Appeals has the authority to
grant injunctions and issue original remedial writs
for the proper exercise of its jurisdiction.
b. The Court of Appeals has appellate jurisdic-
tion over all criminal cases appealed from the
Circuit Court and Family Court and in postconvic-
tion proceedings, except where the death penalty
has been imposed.
[Code 1114-8-200, 14-8-2101 14-8-2201
2.4 Judges (5)
a. The chief judge is designated upon his
selection to the court and serves his entire term
of 6 years.
b. Court of Appeals judges must meet the same
qualifications as Supreme Court justices (reference
Section 1.4.b) and must be approved by the Legisla-
tive Screening Committee of the General Assembly,
although the Committee's findings are not binding
on the General Assembly.
c. Court of Appeals judges are elected to 6-
year terms by joint public vote of the General
Assembly.
[Code 1114-8-20, 14-8-30; Director, Court
Administration]
2.5 Administration
a. The chief judge has no specifically articu-
lated duties with regard to the administration of
the Court of Appeals.
b. There is no provision for an administrator
for the Court of Appeals.
Reference Section 5.2.b
(state-level administrator).
c. The court appoints a clerk to a 4-year term.
The pffice is charged with the maintenance and
diskribution of court records.
[Code 114-8-1401
') 3
*
el-
Figure 1:
South Carolina court system, 1980
gUPRDIE COURT
5 justices
Jurisdiction:
- Appellate jurisdiction in all civil cases
for both questions of law and fact.
- Certiorari review of Court of Appeals
decision.
- Direct appeal on judgment of death.
CIRCUIT COURT (16)
31 judges
,
COURT OP COMM ON PLIAS
Jurisdiction:
- Original civil jurisdiction
unless eXcluelve jurisdiction
is ranted to a court of
limited or special juris -
diction.
cow or GENERAL SESSIONS
Jurisdiction:
- Original criminal jurisdic -
tion, unless exclusive
jurisdiction is ranted
to
court of limited or
special jurisdiction.
Jury trials.
1__
?ROSATI COURT (66)
46 judges
Jurisdiction:
- Estate, business of minors
and incompetents, guard-
ians, trustee., and mental
commdtmente.
- Juvenile (If no Family
Court).
No jury trials.
I
MUNICIPAL COURT (82)
250 judges
Jurisdiction:
- Municipal ordinance viola-
tions, crininal with fine
lass than S200 and/or
sentence of 30 days.
Jury trials.
MACISTIATI'S COURT (322)
330 magistrates
Jurisdiction:
- Law and landlord-tenant
under 61,000.
- Criminal with fine lass
than 6200 or sentence of
30 days.
Preliminary
hearings.
Jury trials.
fIndicate rout. of appeal.
A
FAMILY COURT (16)
46 judges
Jurisdiction:
- Family support and protec-
tion, adoption, and di-
vorce.
- Exclusive jurisdiction
over delinquent, neglect-
ed, or abandoned children.
Misdemeanors involving
minors.
Jury trials.
416
4,-) 1
OM/
MI
=111.
Gaurt of
last
resort
Court of
eneral
jurisdiction
,
Courts of
limited
jurisdiction
2.6 Rule-making.
Reference Section 1.6.
Court of General Jurisdiction
3.1 CIRCUIT COURT.
/he Circuit Court holds terms
as scheduled by the Chief Justice.
(Director, Court Administration]
12 Organization.
The state ts divtded into 16
ctrcuits of 2 or more counttes.
The court sits as
a Couri of Common Pleas and as a Court of General
Sessions.
(Code 114-5-610 to 114-5-820]
3.3 Jurisdiction
a. The Circuit Court has ortgtnal jurtsdtction
in all cases unless exlusive jurtsdiction ts
granted to a court of limtted or special jurtsdic-
non.
Civil cases are heard tn the Court of Com-
mon Pleas division, criminal in the Court of Gen-
eral Sessions division.
b. The Circuit Court has appellate jurisdiction
over cases from the Probate Court, the Magistrate's
Court, and the Municipal Court.
Civil appeals are
heard in the Court of Common Pleas diviston; crim-
tnal appeals in the Court of General Sesstons di-
viston.
(Const. Art. 5, 17; Code 14-5-350, 14-21-415,
14-21-515, 18-7-10, 27-33-40)
3.4 Judges (31)
a. The Circutt Court has a chtef judge for ad-
inistrative purposes who is appotnted by the Chief
Justtce.
b. Ctrcuit Court judges must meet the same
qualtficattons as Supreme Court justtces.
Refer-
:me Section 1.4.b.
They must also have been
restdents of the dtstrtct they serve for at least
one year.
c. Ctrcutt Court judges are elected by publtc
vote of the General Assembly for 6-year terms.
(Const., Art. V, 19; Dtrector, Court
Admtntstratton]
3.5 Admtnistratton
a. There are provtstons for a chtef judge for
the indtvtdual ctrcutts.
b. There are no provtstons for an admtntstrator
over all the ctrcutts of the Circutt Court or for
admtntstrators for the tndtvtdual ctrcutts.
Refer-
ence Section 5.2.b. (state-level administrator).
c. Each county elects a court clerk to a 4-
year term.
Thts clerk serves the Circuit Court
within the county and all limited jurtsdiction
courts except the Probate Court and Magistrate's
Court.
The clerk must be bonded.
He ts charged
with maintatning the courthouse; issuing all
processes, signing all judgments, maintaining all
records of the courts; witnesstng and approving
security for costs; executing laws respecting
jurors; making out a roll of jurors and constables
in attendance; reporting persons brought to trial;
keeptng records of all persons elected to office;
and administering oaths to magistrates and trans-
mitttng the ltst of magistrates' names:to the,Sec-
rotary of State.
(Const., Art. 7, 120; Code 114-17-40, 114-17-
210 to 114-17-370; Director, Court Administra-
tion]
3.6 Rule-making.
The Circuit Court may promulgate
rules so long as they are consistent with the laws
of the state and the rules of the Supreme Court.
Reference Sectton 1.6.
(Code 114-5-310]
Courts of Limited or Special Jurisdiction
4.1.1 FAMILY COURT.
The term of the FaMobly Court
is set by the Chief Justice based on caseload
Information provided by the Office of South
Carolina Court Administration.
(Director, Court Administration]
4.2.1 Organizatton.
Family Courts have been estab-
lished in each judtcial ctrcuit.
Each court has
jurtsdiction throughout the ctrcuit.
There are no
spectaltzed dtvtsions of the court.
(Code 114-21-410]
4.3.1 Jurisdtctton
a. The Family Court has jurisdiction tn all
juvenile cases tncluding chtld neglect, contested
custody proceedings, law vtolattons withtn the
court's geographtcal jurtsdtctton, any mental com-
mitment proceedtngs involvtng a juventle, and any
action regardtng a juventle who is beyond the
control of his parent or other custodtan; name
changes; support cases; bastardy suits; adoptions;
guardianships; divorces; separations; and other
marttal acttons.
b. The Famtly Court has no appellate jurtsdtc-
tion.
ICode 1114-21-510, 14-21-515, 14-21-810, 14-21-
830, 14-21-1010 to 14-21-10601
4.4.1 Judges (46)
a. The chtef judge of each Family Court ts
selected by the Chief Justtce from the Family Court
judges chosen by the legislature.
b. Family Court judges must meet the same qual-
tftcations as Supreme Court justices (reference
Sectton 1.4.b).
They must also have been restdents
of thetr ctrcutts for at least, 1 year and members
of the bar for at
least 5 yearis.
Notwithstanding
any other provtston of law, any former member of
the General Assembly may be elected to the office
of Family Court judge.
c. Faintly Court judges are elected to 4-year
terms by the General Assembly.
(Code 1114-21-420, 14-21-425]
4.5.1 Admintstratton
a. The Chtef Justtce rotates the Famtly Court
judges of the circuit and assigns cases to judges.
They perform such admtntstrative duttes as the
Chtef Justtce may dtrect.
b. There are no provisions for administrators
for the Family Court.
Reference Sectton 5.2.b
(state-level admintstrator).
c. The ctrcuit clerks also serve as the clerks
for the Famtly Court.
Reference Section 3.5.c.
(Code 1114-21-420, 14-21-440, 14-21-445; Dtrec-
tor, Court Admintstration]
4.6.1 Rule-making.
Reference Section 1.6.
4.1.2 PROBATE COURT.
The Probate Court term is
determined by the individual judges; however, the
term is usually continuous.
(Director, Court Admintstration]
4.2.2 Organization.
Probate Courts have been
established in every county in the state.
There
are no syecialized divisions of the court.
(Code 114-23-1010]
4.3.2 Jurisdiction
a. The Probate Court has jurisdic4on.over all
testamentary matters, guardianships of mental in-
competents and minors, and administration of
estates.
It issues marriage licenses, conducts
emtnent domatn proceedings, and conducts commit-
ment inqutries tn cases of mental illness, alcohol-
ism, drug addiction, and tuberculosis.
b. The Probate Court has no appellate jurisdic-
tion.
(Code 114-23.4150]
417 4 33
4.4.2 Judges (46)
a. Because there is only one judge per court,
the Probate CotVrt dots not have presiding judges.
Counties are authorized to select associate judges
as well as those who are authorized to act
in the
same capacity as Probate Court judges.
If a county
opts to install associate judges, they are
selected
by the judge of the Probate Court and are answer-
able to him.
b. Probate Court judges must be qualified
voters of their respective counties.
c. Probate Court judges are elected to
4-year
terms by the voters of their respective counties.
[Code 5514-23-1020, 14-23-1030, 14-23-1040)
4.5.2 Administration
a. There are no provisions for presiding
judges
for the Probate Court.
b. There are no provisions for administrators
for the Probate Court.
Reference Section 5.2.b
(state-level administrator).
c. The judge of each court is authorized to
appoint a clerk to serve at his pleasure.
The
clerk must keep
record of all proceedings and
maintain the records and documents of the court.
He is authorized to execute and issue certain doc-
uments for the judge such as marriage
licenses,
certificates of appointment, certifications of
wills, and warrants of appraisements in decedents'
estates.
If an intestate estate is being adminis-
tered by the court, he handles all papers and
matters pertaining to that matter.
In uncontested
probate cases, he may hear and determine all mat-
ters.
[Code M4-23-1090: 14-23-1100)
4.6.2 Rule-malting.
Reference Section 1.6.
4.1.3 MAGISTRATE'S COURT.
The Magistrate's Court
term is determined by the individual magistrates;
however, the term is usually continuous.
[Director, Court Administration)
4.2.3 Organization.
Each county of the state is
divided into magisterial districts with a single
magistrate per district.
There are no specialized
divisions of the court.
[Code S22-1-10)
4.3.3 Jurisdiction
a. The Magistrate's Court has jurisdiction in
the following cases where the amount in controversy
does not exceed $1,000:
actions rising from con-
tract or injury to person or property; actions
for
a penalty, fine, or forfeiture;
actions commenced
by the attachment of property; actions on bonds;
confession judgments of any nature; actions for
fraud or damages arising from the purchase of per-
sonal propertyr and actions to recover p ersonal
property.
The court also has jurisdiction in
landlord-tenant actions, possessory actions, and
bastardy cases.
Magistrates are authorized to
issue search warrants for suspected 'gambling
institution!, and to arrest, examine, and commit
any suspectal criminal.
Magistrates have jurisdi -
tion in all criminal casts in which the penalty
does not exceed $200 fine or 30 days of
imprison-
ment.
b. The Magistrate's Court has no appellate
jurisdiction.
[Code ii3-5-10A 3-5-110, 22-3-10, 22-3-540 to
22-3-560)
4.4.3 Judges (330 magistrates)
a. The Magistrate's Court does not have pre-
siding judges.
b. There are no statutory qualifications for
magistratei.
They are generally recommended to
the Governor by the state senator from the respec-
tive county and must be bonded.
c. Magistraels are appointed by the Governor,
with the advice
nd consent of the Senate, to 2 or
4-year terms depending upon the county.
The term
is the same within a given county.
[Code 1522-1-10, 22-1-150, 22-2-10; Director,
Court Administration)
4.5.3 Administration
a. The Chief Justice appoints a chief
judge
over the Magistrate's Court in each county for
administrative purposes.
b. There are no provisions for administrators
for the Magistrate's Court.
Reference Section
5.2.b (state-level administrator).
c. There are no provisions for
clerks for the
Magistrate's Court.
[Director, Court Administration)
4.6.3 Rule-making.
General procedural rules are
statutorially established.
Reference SectiOn 1.6.
[Code 522-3-110 to 522-3-320, 122-3-710 to 122-
3-790)
4.1.4 MUNICIPAL COURT.
The Municipal Court term is
determined by the individual judges; however, the
term is usually continuous.
[Director, Court Administration)
4.2.4 Organization.
Every municipalityin the
state is authorized to establish a Municipal Court.
Whether or not a separate court is established, the
mayors of municipalities are vested with the powers
of magistrates.
Reference Section 4.3.3.
There
are no specialized divisions of thetourt.
[Code SS14-25-10, 14-25-910)
4.3.4 Jurisdiction
a. The Municipal Court has
jurisdiction in
cases arising under the ordinances of
the munici-
palities.
They also exercise the same jurisdiction
as the Magistrate's Court.
b. The Municipal Court has no appellate juris-
diction.
[Code S14-25-970)
4.4.4 Judges (250 mayors and recorders)
a. The Municipal Coult does not have
presiding
judges.
b. There sre no statutory qualifications for
mayors and recorders.
c. Mayors are selected locally and are ex
offic-io judges of the Municipal Court.
Cities may
establish the position of municipal recorder, who
is chosen by the mayor and city
council and serves
a 4-year term.
[Code 1514-25-10, 14-25-920)
4.5.4 Administration
a. Thert are no provisions for
presiding judges
for the Municipal Court.
b. There are no provisions for administrators
for the Municipal Court.
Reference Section 5.2.b
(state-level administrator).
c. The city clerk or recorder serves as
Munici-
palCourt Clerk.
4.6.4 Rule-making.
Reference Section 1.6.
State-Level Administration
5.1 General administrative authority.
The Chief
Justice is designated as the administrative head
of the unified judicial system, and the Supreme
Court is authorized to make rules governing the
418
-
Figure 2:
South Carolina state-level administrative office of the courts, 1980
Director
Legal
Secretary
II
Assistant
Director
Circuit and
Summary
Assistant
Director
Family and
Intermediate
Legal
Secretry
Staff Attorney
Susmery, Cir-
cuit, Masters,
Defense of
Indigents
Staff Attorney
Sumsery, Fami-
ly, Probate,
Judicial
Commitment
Legal
Secretary
Legal
Secretary
Field
Representative
Circuit, Sum-
mary A Defense
of Indigents
Field
Representative
Circuit
Field
Representative
Family, Probate
Judicial
Commitment
Legal
Secretry
Legal
Secretary
Assistant
Director
leformetion
Services
rnistrstion
I
Summary
Court
Legal
Socretry
Legal
Secretary
Legal
Secretry
Statistical
Clerk
1
Family A
Circuit
1
Field Representative
Arrest Werraets
,
Personnel
Purchasing
Office Management
Receptionist
Statistical
Clerk I
Msgistrate
Statistical
Clerk I
Municipal
Legal
Secretary
II
]
St at hitt I ca I
Clerk
I
1
oSttitical
Clerk
I
Certificates
f Transmittal
administration of all courts.
The Chief Justice,
has the power to set the terms of any court
4410,,to
assign any judge to sit inklay court within the
unified court system.
He i
fulther charged with
examining the administration methods, systems,
activities, and dockets of all courts and generr
ally supervising the calendars of all courts
"in
the interest of the better administration of jus-
tice."
Reference Section 1.5.a.
(Const., Art. V, 14; Code 114-1-901
5.2 Office of Sbuth Carolina Court
Administration
a. The Office of South Carolina Court Adminis-
tration is authorized by Constitution Article V,
14.
b: Director, Court Administration
(I) The constitution authorizes "an adminis-
trator for the courts."
(2) There are no formal statutory qualifica-
tions for the Director of the Office of South
Carolina Court Administration.
(The former and
current directors, however, hold law degrees.)
The Director is appointed by the
Chief Justice and
serves at his pleasure.
(3) The Director performs the following
functions:
collects, compiles, and analyzes case-
load reports from the trial courts;
provides assis-
tance in the drafting of court
rules; drafts the
Circuit Court rotation plan and submits it for
the
Chief Justice's a proval; assists in the prepara-
tion of the Judi ial Department budget; conducts
research and forià.alates recommendations on court
organization; re ommends terms of Circuit and
Family Courts and assignment of judges; and dis-
seminates inform&
on on the operation of the court
system.
c. Office organization.
The Office-of South
Carolina Administration consists of 25 people who
are appointed by the Chief
Justice:
11 profession-
als (including the Director, Court
Administration)
and 14 clerical personnel.
The professional staff
provides support services in the following areas:
computer operations, records management,
forms de-
velopment, and field representation; court coordi-
nation, budgeting and purchasing; education,
training, and publications, personnel systems and
offile management; legislative, executive, public,
nnd medie"information, legislative liaisdn, and ex-
ecutive liaison; and planning and research
activi-
s,
ties including statistical compilation, judicial
planning, research, evaluation, statistical analy-
"
420
sis and legislative drafting.
(Const., Art. V, 14; State Court Systems:
Re-
vised 1978, p. 27; State Court Administrators,
pp. 96-97; Director, Court
Administration)
Quasi-Judicial Officers
6:1 CIRCUIT COURT
6.2 Special referee, master
a. There are no statutory qualifications for
special referees or masters.
They are, however,
usually attorneys.
They are appointed by the Cir-
cuit Count.
b. Whenever the office of master-in-equity is
vacant or if the master is disqualified or dis-
abled, the special referee will handle the case
with the ftill authority of a master.
Reference
Section 4.3.5.a.
(Code 114-11-60)
Judicial Discipline
7.1 Board of Commissioners on Judicial
Standards.
The board is appointed by the Supreme Court and
consists of three Circuit Court judges, two
judges
of limited jurisdiction courts of record, two
magistrates, and two members of the bar who have
never held a judicial office.
(Supreme Court Rules (hereinafter S.C.R.),
Rule 34 (3)(b)(
7.2 Authority and procedure for
sanction.
Upon
receipt of a factually valid complaint, the board
makes a pre,liminary investigation to determine
whether vlormal complaint should be filed.
If it
decides/to file a complaint, the accused judge is
informed of the charges.
The judge then has 20
days to answer.
After receipt of the answer, a
hearing is held before a panel of three masters,
appointed by a special commission and chosen for
particular duty by the board.
These hearings
generally conform to the rules of civil procedure
and evidence.
A transcript is kept.
The masters
send their report and the transcriptto
the board.
The accused has 30 days to reply to the report.
If the report is objected to, a hearing
before the
full board, is convened.
Five members of the board
must concur for a recommendation
of discipline.
The Supreme Court makes a final review and
decision
on the matter.
(S.C.R., Rule 34(10) to Rule 34(22)1
SOUTH DAKOTA
Court of Last Resort
1.1 SUPREME COURT.
The Supreme Court of South
Dakota sits in Pierre and in other cities as spec-
ified by order of the court.
The court holds one
term coincident with the calendar year.
[Constitution, Article V, Seceion 2; South
Dakota Compiled Laws Annotated (hereinafter
S.D. Compiled Laws Ann.) Section 16-1-9]
1.2 Organization.
There is nothing in the South
Dakota Constitution or South Dakota Laws Annotated
that empowers or instructs the court to sit en
banc or in panels.
As a practical matter, there-
4pre, each case is heard en banc with all five
justices hearing the case.
1.3 Jurisdiction
A. The Supreme Court or any justice thereof
may issue any original or remedial writ.
The Gov-
ernor also has the power to require opinions of
the court upon questions of law involved in the
exercise of the executive power.
The court has ex
parte jurisdiction regarding the admission, disci-
pline, and disbarment of attorneys in South Dakota.
b. The Supreme Court has appellate jurisdic-
tion as provided by jpe legislature.
The right to
appeal from final judgment of the trial court is
mandatory in both criminal and civil cases.
Appellate review of criminal cases also includes
review of contentions of excessive sentence, if
the issue is raised.
(Const., Art. V, S5; S.D. Compiled Laws Ann.
SS16-16-1, 16-16-17; Outline of Basic Appel-
late Court Structure in the United States, p.
171]
1.4 Justices (5)
a. The Chief Justice is elected by a majority
vote of his colleagues for a term of 4 years,
without limitation of successive terms.
He may be
removed as Chief Juitice by a four-fifths vote of
the justices, but such removal does not constitute
his removal as a justice of the Supreme Court.
b. Supreme Court justices must be citizens of
the United States, must be residents of the State
of South Dakotareand must be voting residents of
the districts (reference 1.4.c below) from which
they are elected.
Justices must also be licensed
to practice law in South Dakota.
ci. Supreme Court justices are elected in a
nonpaitisan election by the voters of the dim-
(tricts they represe
.
Five electoral districts
are establis
d by the legislature and each glis-
trict has one justice.
Justices are elected for
terms of 8 years.
The Governor fills a vacancy by
appointment of one of the two or more persons nom-
inated to the Governor by the Commission on Judi-
cial Qualifications (reference Table 12:
Charac-
teristics of judicial nominating commissions) for
the balance of the unexpired tem.
(Const., Art. V, §12, 6, 7; S.D. Compiled Laws
Ann. 5116-1-2, 16-1-2.1; State Court Adminis-
trator]
421
1.5 Administration
a. The Chief Justice is the administrative
head of the unified judicial system.
He exercises
administration and supervision over the court
system through the State Court Administrator, the
presiding judges of the Circuit Courts, and two
Circuit Court adminiqtrators.
Reference Section
5.1 (General administrative authority).
The chief
justice has no specifically articulated duties,
however, in regard to the administration of the
Supreme Court.
b. Reference Section 5.2.b (state-level..admin-
istrator).
c. The clerk of the Supreme Court is appointed
by the Supreme Court.
He has no statutorily de-
fined duties.
In practice, he has supervisory
duties over deputies and bailiffs and responsibil-
ities as determined by the court.
[Const., Art. V, S11/ State Court Administra-
tor]
1.6 Rule-making.
The Supreme Court has the power
to make rules of practice and procedure for the
administration of justice in all courts of the
state and,for the mthod of taking, hearing, and
deciding appeals to the courts from any institu-
tion exercising a quasi-judicial function in any
case where an appeal is allowed by.law.
The
.
Supreme Court has general superintending powers
over all courts and may make rules of administra-
tion for all courts.
[Const., Art. V, S12; S.D. Compiled Laws Ann.
S16-3].
Intermediate Appellate Court
2.0 There is no intermediate appellate court in
South Dakota.
Court of General Jurisdiction
3.1 CIRCUIT COURT.
Regular terms of court are
established by Supreme Court Rule, with at least
two terms a year in each county.
[S.D. Compiled Laws Ann. SS16-5, 16-6-1]
3.2 Organization.
The Circuit Court is divided
into eight geographical circuits, seven of which
pre multi-county circuits.
Each court has i spe-
cialized division called the Magistrate Court.
[S.D. Compiled Laws Ann. SS16-5-1.2; 16-12A-2]
3.3 Jurisdiction
a. Judges of the Circuit Court have original
jurisdiction as follows:
(1) Exclusive original jurisdiction in all
cases of felony.
(2) Concurrent original jurisdiction with
magistrates in misdemeanors and ordinance viola-
tions.
(3) All actions or proceedings in chancery.
(4) All actions at law and in quity.
(5) All cases where title or boundary to
real property comas into question.
433
Figure 1:
South Dakota court system, 1980
UPREME COURT
5 Justices
Jurisdiction:
- Appellatt Jurisdiction in all mattero.. ,
Isom onforiginal or. remedial writ.
- Ex parts Jurisdiction in adaission,
discipline, and diabarsent of
attorneys.
-..,
CIRCUIT COURT OW
-
CIRCUIT COURT
v
,
LAWYER MAGISTRATES DIVISION
LAY MAGISTRATES DIVISION
36 judges
0,-'
7 full-tise and 11 part -tims
22 magistratas and 65 clerk/
Jurisdiction':
magistrates
magistrates
,
- Civil acetone. domestic
Jurisdiction:
Jurisdiction:
relatiosp. and probate.
- Civil actions under $2,000.
- Civil actions and meall claims
- Felony and misdemeanor
small claims undar $2,000. and
under $500 (uncontested).
matters.
mental health matutre.
- Guilty pleas for isdemeanors
- Juvenil. matters.
- Misdessanors. Ordinance viola-
and ordinance violations.
Administrative appaals.
tions and preliminary h.:taring..
Trliminary h.:taring
,
search
Jury trials.
Committing magistrate; setarch
warrants, and
warrants.
warrants and arrest warrants.
Serve as coroner.
Sinn as coroner.
No jury trials.
Jury trials.
'
.
_
ItIndicatip route, of appeal.
422
.
Court of
last
resort
Court of
general
jurisdiction
(6) All actions for divorce or annulment of
pointed to serve FUll or part time.
Full-time
marriage.
lawyer magistrates are appointed to 4-year terms
(7) Ail matters of probate, guardianship,
with the approval of the Supreme Court.
All other
and settlement of estates.
magistrates serve at the pleasure of the presiding
(8) Proceedings relating to minors,
circuit judge.
Onelifull-time lawyer magistrate is
The Circuit Court judges may issue and deter-
required in the First, Fifth, Sixth, Seventh and
mine all original and remedial writs.
Eighth Circuits; two are required in the Second
The jurisdiction of the magistrates of the
Circuit.
Magistrate Court, a division of the Circuit Court,
(Const., Art. V, SS3,
7,
11; S.D. Compiled
is specified according to whether they are law
Laws Ann. 1116-6-1, 16-12A-1, 16-12A-3.1,
trained magistrates or lay magistrates.
All magis-
16-12A-4, 16-12A-4.1, 16-12A-5, 16-12A-6,
trates have the following jurisdiction:
16-12A-8; Supreme Court Rule 75-1)
(1) Issue search and arrest warrants.
3.5 Administration
(2) Act as committing magistrate during pre-
a. Whereas there is no provision for a chief
liminary hearings.
judge over all the circuits of the Circuit Court,
(3) Accept guilty pleas and impose sentence
the presiding judge for each circuit has authority
in criminal cases where the punishment does not ex-
as the Supreme Court may designate by rule.
ceed a ftne of $100 or imprisonment of 30 days, or
Duties of the presiding judge Include the
both.
following:
(4) Concurrent jurisdiction with the Circuit
(1) Arranging schedules and assigning cir-
Court in noncontested civil actions or small claims
cult judges.
proceedings involving up to $2,000.
(2) Supervising the calendar.
Lawyer magistrates have additional jurisdiction
(3) Appointing clerks and other personnel
as follows
and supervising their functions.
(1) Try all misdemeanors and ordinance vio-
(4) Assigning matters and duties to clerks.
lations (reference Section 3.3.a.(2) above) and act
(5) Making arrangements for drawing the
as committing magistrates in all cases,
jury panel and determining jury sessions.
(2) Try and determine all civil acteOns in-
(6) Arranging for the reporting of cases.
volving up to $2,000.
(7) Arranging for the orderly disposition
(3) Try and determine all small claims,
of specialized matters.
(4) Jurisdiction over mental illness cases.
(8) Promulgating a schedule of offenses for
Courts of lawyer magistrates are courts of
which magistrates may accept appearances, waivers
record and jury trials are available; courts of lay
pf trial, pleas of guilty, and a schedule of fines
magistrates are not courts of record and no jury
and ball thereof.
trials are available.
(9) Assigning various powers and duties to
b. The Circuit Court has appellate jurisdic-
other circuit judges.
tion over all final judgments or orders of the
(10) Periodically reviewing the performance
Magistrate Court.
of magistrates, clerks, and deputy clerks, as to
(S.D. Compiled Laws Ann. SSI6-6-9, 16-6-10,
the schedule they are to follow and correcting any
16-6-12, 16-12A-13, 16-12A-14, 16-12A-16,
erroneous application thereof.
16-12A-19, 16-12A-21, 16-12A-22, 16-12A-23 to
The presiding judge appoints judicial person-
16-12A-251
nel to the Magistrate Court, and appoints clerks
3.4 Judges (36 judges;
7 full-time and 11 part-
and other court personnel for the counties in his
time lawyer mai/istrates; 22 lay and 65 clerk/
circuit.
magistrates.
b. Although Rule 10 of the South Dakota Judi-
e'. Wnereas there is no proviston for a chief
cial System Personnel Rules prov-ides for regional
judge over all the circuits of the Circuit Court,
administrators, none have been appointed to date.
a presiding judge for each circuit is appointed by
Presently there are three Circuit Court adminis-
and serves at the pleasure of the Chief Justice.
trators charged with personnel and caseflow man-
b. Circuit Court judges inust be citizens of
agement responsibilities.
They are appointed by
the United States, must be residents of the State
the respective presiding circuit judge.
They also
of South Dakota, and must be voting residents of
supply statistics on caseload information to the
the districts from which they are selected.
They
State Court Administrator's Office.
Reference
must also be licensed to practice law in South
Section 5.2.b (state-level administrator).
Dakota.
c. Each presiding judge appoints the clerks of
A lawyer magistrate must be a qualified voter
his circuit.
Clerks are responsible for maintain-
of the circuit in which he is appointed and must
ing court records, charging and collecting uniform
reside in that circuit while serving as a magis-
fees and commissions, and transferring revenues
trate.
Lawyer magistrates must be licensed to
from fines, forfeitures, penalties, or costs to
practice law in South Dakota.
the county treasury.
Pursuant to Supreme Court
A lay magistrate must be a qualified voter in
Order, October 29, 1973, clerks are required to
the circuit for which he is appointed and must
continue to perform duties nonjudicial in nature,
reside in that circuit as long as he serves as
until the duties are transferred by the legisla-
magistrate.
In addition, a lay magistrate must
ture or abolished.
have a high chool education and must ,attend a
(Const., Art. V, Ill; S.D. Compiled Laws Ann.
training course supervised by the Supreme Court
1116-2-21, 16-2-27, 1.6-2-28, 16-2-331
before taking office.
Any appointed clerk or
3.6 Rule-making.
Rules of practice and procedure
deputy clerk who meets the qualifications may also
for all the courts are promulgated by the Supreme
be appointed as lay magistrate.
Court, subject to legislative change.
Reference
c. Circuit Court judges are elected to 8-year
Section 1.6.
Rules for the administration of the
terms in nonpartisan elections by the voters of
courts are promulgated by court rule.
The presid-
the circuits they represent.
ing circuit judge, subject to the rules of the
All magistrates are appointed by the presiding
Supreme Court, has administrative supervision and
circuit judge of each circuit.
They may bet ap-
423
4 11
authority to prescribe regulations for the inter-
nal operation of the Magistrate Court.
[Const., Art. V, 112; S.D. Compiled Laws Ann.
116-2-21]
Court of Limited or Special Jurisdiction
4.0 There are no courts of special or limited ju-
risdiction in South Dakota.
State-Level Administration
5.1 General administrative authority.
The Chief
Justice is the administrative head of the judicial
system.
He has authority to ubmit an annual con-
solidated budget, assign judicial and nonjudicial
personnel, and supervise the administrative staff,
among other powers.
The Chief Justice exercises
general direction and supervision of the Circuit
Court in order to expedite the work of the courts,
'alleviate congestion, secure prompt disposition of
cases, and distribute workload.
The Chief Justice
appoints a presiding circuit judge for each cir-
cuit, who has such administrative power.es desig-
nated by Supreme Court Rule.
Reference Section
1.5.a.
[Const., Art. V, ill; S.D. Compiled Laws Ann.
S116-2-20, 16-2-21]
5.2 Office of the State Court Administrator
a. The Office of the State Court Administrator
is constitutionally authorized.
b. State Court Administrator
(1) The position of State Court Administra-
tor is constitutionally authorized.
(2) There are no formal qualifications for
the State Court Administrator.
In practice, he is
expected to have a law degree or graduate degree
in business or public administration and a minimum
of 2 years of experience in court administration.
The State Court Administrator is appointed by the
Supreme Court.
(3) The State Court Administrator, together
with the central staff, has the following respon-
sibilities:
(a)
Supervises budget preparation.
(b)
Prepares and maintains personnel
standards, procedures, and staffing patterns.
(c)
Provides liaison with the legisla-
Cure.
(d)
Assists in the execution and
draftiog of administrative rules.
(e)
Conducts research in court organi-
ration.
(0
Disseminates information'on the
operation of the state court system.
(g)
Prepares long-range facilities
plans.
'(h)
Provides general administrative
and technical support.
c. Office organization.
The Office of the
State Court Administrator is composed of 17
people:
10 professionals (including the State
Court Administcetor) and 7 clerical personnel.
They provide support services in the following
areas:
systems analysis and programming; proba-
tion; accounting; training; personnel systems; and
judicial planning.
[Const., Art. V, ill; S.D. Judicial System
Personnel Rules; State Court Administrators,
pp. 98-99; State Court Administrator]
Quasi-Judicial Officers
6.0 There are no quasi-judicial officers in South
Dakota.
Judicial Discipline
7.1 Commission on Judicial Qualifications.
The
commission consists of seven members as follows:
two judges of the Circuit Court, elected by the
Judicial Conference (reference Table 29:
Judicial
councils and conferences); three lawyers, no more
than two of whom are of the same political party,
appointed by the president of the state bar; and
two lay citizens, not of the same political party,
appointed by the Governor.
[S.D. Compiled Laws Ann. 16-1A-4 et. sect.]
7.2 Authority and procedure for sanction.
All
judges and magistrates in South Dakota are subject
to investigation by the Commission on Judicial
Qualifications.
The commission, upon receiving a
complaint, or upon its motion, makes a preliminary
investigation.
The judge being investigated must
be so notified and has the opportunity to present
such matters as he may choose.
If a formal pro-
ceeding ts deemed necessary, the judge in question
receives notice of the formal proceeding to inquire
into the charges against him.
The judge must an-
swer the charges or, after a 30-dey period of ser-
vice of notice;'a formal hearing concerning the
censure, renloval, or retirement of the judge is
held.
The commission's case is presented by an
attorney and both sides may produce evidence, be
represented by counsel, issue sobpoenas for wit-
nesses, and examine and cross-eiamine witnesses.
A record is kept of the proceedings of the hearing.
Upon completion of the hearing, the commission rec-
ommends, upon an affirmative vote of five members,
the dismissal of the complaint, or temporary sus-
pension, censure, removal, or retirement of the
judge.
The Supreme Court, on the basis of the rec-
ord and recommendation of the commission, may make
such determinations and may dispose of the case as
it deems appropriate.
[Const., Art. V, i9, S.D. Compiled Laws Ann.
516-1A-1, Appx.]
424
Figur* 2:
South Dakota stats-level administrative office of the courts, 1980
State
-
Court
Administrator
emmiLm 11mv V1 ...1
...1
Perseemel
Pulpit
Presiding
Planning and
and
end
Circuit
Systems
Training
Finance
Judges
Development
4.1Nly
1.11,,
Circuit Court
Administrator
Circuit
Judges
111111/ 1.111. rILMs.m., =11mir IM=11
1
1
Lew Trained
Megistrates
Clefts of
Court
Ley
Megistrates
Court
Reporters
e
-425
413
A
Court
Service
Officers
-
I,
Figur* 1:
Unruiss*. court syst.m, 1980
Will* COUNT
5 Justices
Jurisdictiess
- Cemetitutimal issues, right I. held public
office, workmen's cmpensatim, and
revenue appeals.
- Constitutionality ef
statute r ordimence.
- Review
appellate court decisions.
COURT OP APPSALS
12 Judges
Jurisdictions
/Wars all civil except
them specifically
assigned te the Supreme
Court.
CNANCIRT COURT (141)
27 chamellors
Juriedictios:
- Sanity cases ever
$30, diverse,
adoptios.
Civil
came (except
tort).
Appeals from admin-
istrative aseacies.
Mardi', and commie-
*ions.
Workmen's cm-
pessation and
free Judipeate
involving cm-
stitutimal and
other public
law questions.
LAW AND murry COURT
(4)
5 Judges
Jurisdiction:
- Coscurreat junto-
dictiee with Chan-
cery Court end
Circuit Court in
equity, divorce,
adoption, sad civil
CAMBS.
Appeals from Cenarel
Court osly
in Gibes. County.
4
c,1
..tt.r..
COURT Of CRIMINAL APPIALS
Judges
Jurisdictiesi
- Nears all criminal appeals
cases under pest-conviction
procedure act, felonies and
misdemeanors (except coo-
stitutimality of a statute).
Criminal
CIRCUIT COURT (31)
56 Judges
Jurisdictions
- C nnnnn cts and demands
over $50 ($3,000 for
INN WWII' COUnti44).
Divorce, landlord and
temmt, ad
malty, chancery.
- All criminal matters
(unless another court
is expressly given this
Jurisdiction.)
Appeals de move.
Jury trials.
?ROSATI COUNT (3)
JUVIOSILI ahOtT (16)
2 Judges, (1 county
6 Juvenile Judges.
Judge, 5 generel session
(7 'amoral INission.
judg011 also serve.)
trial Justice. and 2
Jurisdiction:
county Judie. also
- Administration of
serve.)
, probate of
Jurisdiction:
wills, end guardien-
- Multi costrihuting to
2ekip
delinquency of minor.
N. Jury trials.
40001 - Juvenile
No Jury trials.
COUNTY COURT (66)
Og Judses
Jurisdiction:
- Probate, Mai n
ties of mtatee, and
gmerdleaship setters.
- Juvenile matters (if
Mi. la law traised
r if there is se
potential far cm-
floment).
N. jury trials.
11'
Indicates route of appeal.
MUNICIPAL MRS (woo)
192 Judges
Jurisdiction:
- City rdinance viola
tions
lass than
$50, seateme lass
thee 30 days).
N. Jury trials.
Civil
and
criminal
CRIMINAL COURT (13)
26 Judges
Jurisdiction:
- Felony and sleds-
Manor Vetter..
Appeals de neve.
Jury trials.
Gibson County
only.
Criminal
matters.
CORRAL $IBRIONS COURT (92)
92 Judges
Jurisdiction:
- Civil cases under $5,000;
landlord and tenant; re-
covery of personal pro-
perty to $10,000; equity
cases under $1,500.
Same
courts hear divorce and
werkeen's compensation
Mettilre.
Hied.**
(fine lass
then $50, sentence less
7
then 1 year), prelimin-
ary hearings.
- Juvenile natters (acme
courts).
No jury trials.
11]
TRIAL JUSTICI COURT (2)
2 Judges
(Located in AM
nd
Sevier Ceuntlea)
Juriedictioa:
- Cmcurrent civil Jurie-
dictiee with Cameral Bas-
eless Court is all
matters.
- Miedemeaser
(fine
less than $50, sentence
lass then 1 year).
to jury trials.
Court of
last
resort
1
Intermediate
appellate
courts
mar
111
Courts of
seneml
Jurisdiction
Courts of
limited
Jurisdiction
TENNESSEE
Court of Last Resort
1.1 SUPREME COURT.
The state is geographica ly
divided into three grand divisions, a
v ng a
judicial capital.
The Supreme Court sits three
times a year in each of the three judicial capi-
tals:
Knoxville, Nashville, and Jackson.
[Constitution, Article 6, Section 2; Tennessee
Code Annotated (hereinafter T.C.A.) Sections
16-201, 16-202, 16-2031
1.2 Organization.
The Supreme Court does not sit
in panels or divisions.
A concurrence of three
judges is needed to render a decision.
[Const., Art. 6, 121
1.3 Jurisdiction
a. The Supreme Court has no original jurisdic-
tion.
b. The Supreme Court hears appeals from the
Court of Appeals, the Court of Criminal Appeals,
and "bypass" appeals from the trial courts.
These
"bypass" appeals include appeals from judgments in
cases where there is no testimonial condict, from
judgments in workmen's compensation cases, and from
judgments involving constitutional and other public
law questions.
[T.C.A. 116-3041
1.4 Justices (5)
a. The Chief Justice is selected on a rota-
tional system for a term of approximately 19
months.
b. Supreme Court judges must be between 35 and
70 years of age, must be attorneys and members of
the state bar, and must have been residents of the
state for 5 years.
No more than two members of the
court can be from the same grand division of the
state.
c. Supreme Court judges are elected to 8-year
terms by the voters of the state in partisan elec-
tions.
The Governor fills a vacancy by appointing
a temporary replacement from the same grand
divi-
sion.
[Const., Art. 6, 112, 3; T.C.A. 118-2809,
8-2814(a), 16-301; Executive Secretary]
1.5 Administration
a. The Supreme Court has supervisory control :
over the general jurisdiction courts of the state.
It exercises administration and supervision over
the state court system through the Chief Justice,
the Executive Secretary, and the four general
jurisdiction presiding judges.
Reference Section
5.1 (General administrative authority).
The Chief
Justice, however, has no specifically articulated
duties with regard to the administration of the
Supreme Court.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. Three clerks, one for each grand division
of the state, are appointed by the judges of the
court for 6-year terms.
The clerks are responsible
for maintaining the courts' dockets, keeping the
427
courts' records, and publishing and disseminating
court opinions.
[T.C.A. 1118-105, 18-301, 18-302; Executive
Secretary)
1.6 Rule-makin
.
The Supreme Court has the power
to prescribe procedural and administrative rules
for all courts in the state subject to the approval
of the state legislature.
Every court in the state
may adopt supplementary rules as long as they do
not conflict with those prescribed by the Supreme
Court.
[T.C.A. 1116-112, 16-114, 16-1171
Intermediate Appellate Courts
2.1.1 COURT OF APPEALS.
The court is required to
sit for at least one term a year in each of the
three judicial capitals:
Knoxville, Nashville, and
Jackson.
IT.C.A. 116-4121
2.2.1 Organization.
The court is authorized to sit
in panels of three judges, with a concurrence of
two necessary to reach a decision.
[T.C.A. 1116-409, 16-4131
2.3.1 Jurisdiction
a. The Court of Appeals has no original juris-
diction.
b. The Court of Appeals has appellate jurisdic-
tion over all civil cases except where the con-
stitutionality of a statute or ordinance is a
determinative issue, where the right of one to hold
public office is in question, and cases involving
workmen's compensation, state revenue, or writs of
mandamus, quo warranto, ouster, and habeas corpus
where the relator is being held under criminal
accusation.
[T.C.A. 116-4081
2.4.1 Judges (12)
a. The full court selects a presiding judge,
and, when sitting in 3-judge panels, each panel
selects a presiding judge.
Presiding judges are
elected to 8-year terms.
b. Court of Appeals judges must be between 35
and 70 years of age, must have been residents of
the state for 5 years, and must be attorneys.
No
more than four judges can be from the same grand
division of the state.
c. Court of Appeals judges are elected to 8-
year terms by the voters of the state at large.
IT.C.A. 1116-402, 16-405, 17-103; Executive
Secretary]
2.5.1 Administration
a. The presiding judges have no formal adminis-
trative duties.
b. There is no provision for an administrator
for the Court of Appeals.
Reference Section 5.2.6
(state-level administrator).
c. The Supreme Court clerks also serve as
clerks for the Court of Appeals.
Reference Section
1.5.c.
(T.C.A. 316-406]
2.6.1 Rule-making.
Reference Section 1.6.
2.1.2 COURT 07 CRIMINAL APPEALS.
The court is
required to sit for at least one term a year in
each of the judicial capitals:
Knoxville, Nash-
ville, and Jackson.
(T.C.A. $16-4471
2.2.2 Organization.
The court may sit en banc or
in panels of three, five, or more.
A majority con-
currence is required to render a decision.
(T.C.A. 116-4471
2.3.2 Jurisdiction
a. The CourCof Criminal Appeals has no origi-
nal jurisdiction.
b. The Court of Criminal Appeals has appellate
jurisdiction over all criminal cases, habeas
corpus, and postconviction proceedings attacking
the judgment or sentencing in,a criminal case,
criminal contempt proceedings, and extradition
cases.
If the sole determinative question is the
constitutionality of a statute or ordinance, the
court does not have jurisdiction.
(T.C.A. $16-4481
2.4.2 Judges (9)
a. The presiding judge is elected from among
its members to an 8-year term.
b. Court of Criminal Appeals judges must meet
the same requirements as Court of Appeals judges
(reference Section 2.4.1.b) except that no more
than three can be from the same grand division.
.c. Court of Criminal Appeals judges are elect-
ed to 8-year terms.
[T.C.A. $116-442, 16-443, 16-446; Executive
Secretary]
2.5.2 Administration
a. The presiding judge has no formal adminis-
trative duties other than to call a meeting for the
consideration of supplementary procedural rules
(reference Section 1.6).
b. There is no provision for an administrator
for the Court of Criminal Appeals.
Reference Sec-
tion 5.2.b (state-level administrator).
c. The Supreme Court clerks also serve as the
clerks for the Court of Criminal Appeals and per-
form the same duties and functions with regard to
the court's operation (reference Section 1.5.c).
[T.C.A. $$16-446, 16-449]
2.6.2 Rule-making.
Reference Section 1.6.
Courts of General Jurisdiction
3.1.1 CIRCUIT COURT.
Terms of the Circuit Court
and their duration vary depending on county and
specific court.
Generally the Circuit Court in
each county has 3 terms per year (each up to 4
months duration).
Certain courts are authorized
to have,more than these.
(T.C.A. $16-207 to $16-2361
3.2.1 Organization.
There are 31 judicial circuits
containing 1 or more counties.
There are no spe-
cialized divisions of the court.
(T.C.A. $16-207 to $16-2361
3.3.1 Jurisdiction
a. The Circuit Court has jurisdiction over all
criminal cases unless another court is expressly
given this jurisdiction.
The court hears civil
cases involving contracts or demands where the
amount in controversy exceeds $50 (in some larger
counties the minimum amount is $3,000).
Unless one
party objects, the court can hear equity
chan-
cery cases, divorce proceedings, landlord-tenant,
and adoption cases.
428
b. The Circuit Court has appellate jurisdiction
over all cases from limited jurisdiction courts.
Appeals are by trial de novo.
(T.C.A. $16-502 to $16-5121
3.4.1 Judges (58)
a. There is no provision for a chief judge over
all the circuits of the Circuit Court.
In four
circuits that are coterminous with Chancery Divi-
sions (reference section 3.2.3), all judges of the
general jurisdiction courts sit as a committee to
choose a presiding judge.
b. Circuit Court judges must be 30 years of
age, must be attorneys, must have been residents
of the state for 5 years, and must presently be
residents of the districts they serve.
c. Circuit Court judges are elected to 8-year
terms by the voters of their respective circuits.
(Const., Art. 6, $4; T.C.A. $117-101, 17-102,
17-103, 17-119; Supreme Court Rule (hereinafter
S.C.R.) 45; Executive Secretary]
3.5.1 Administration
a. There is no provision for a chief judge over
all the circuits of the Circuit Court.
The presid-
ing judges of the four individual circuits (refer-
ence Section 3.4.1) are responsible for the assign-
ment of cases among the courts of general jurisdic-
tion within their respective circuits.
b. There are no provisions for an administrator
over all the circuits of the Circuit Court or for
administrators for the individual circuits.
Refer-
ence Section 5.2.b (state-level administrator).
c. The Circuit Court clerks are elected to 4-
year terms by the voters of their respective cir-
cuits.
They are responsible for maintaining the
records and dockets of the court, issuing legal
process, recording in the minutes of the court the
reports of indictments and judgment executions, and
keeping the district attorneys advised as to the
status of the criminal docket.
The clerks also are
responsible for collecting fees and other revenues.
(T.C.A. $118-105, 18-401, 18-402; S.C.R. 451
3.6.1 Rule-making.
Reference Section 1.6.
3.1.2 CRIMINAL COURT.
Terms of the Criminal Court
and their duration vary depending on county and
specific court.
Generally, the Criminal Court in
each county has three terms per year (each up to 4
months duration).
(T.C.A. 1$16-210, 16-212, 16-214, 16-216,
16-220, 16-222, 16-224, 16-229, 16-234, 16-2361
3.2.2 Organization.
There are 13 Criminal Courts
established to assist with the criminal caseload
of the Circuit Court.
There are no specialized
divisions of the court.
(T.C.A. $16-207 to $16-235; Executive Secre-
tary]
3.3.2 Jurisdiction
a. The Criminal Court has concurrent jurisdic-
tion with the Circuit Court in all criminal cases.
Reference Section 3.3.1.a.
b. The Criminal Court has appellate jurisdic-
tion over criminal cases from limited jurisdiction
courts.
Appeal is by trial de novo.
(T.C.A. $116-502, 16-5121
3.4.2 Judges (26)
a. The Criminal Courts do not have a chief
judge or presiding judges for the individual
courts.
Reference Section 3.4.1.a.
b. Criminal Court judges must meet the same
qualifications as Circuit Court judges.
Reference
Section 3.4.1.b.
C. Criminal Court judges are elected to 8.-year
terms by the voters of their respective geographic
jurisdictions.
4
4 rU
(Const., Art. 6, 14; T.C.A. 1117-101, 17-102,
17-103, 17-119; Executive Secretary]
3.5.2 Administration
a. There are no provisions for a chief judge
over all the circuits of the Criminal Court or for
presiding judges for the individual courts.
Refer-
e nce Section 3.5.1.a.
b. There are no provisions for an administrator
over all the circuits of the Criminal Court or for
administrators for the individual.courts.
Refer-
e nce Section 5.2.b (state-level administrator).
c. Criminal Court clerks are selected in the
same manner and perform the same duties as Circuit
Court clerks.
Reference Section 3.5.1.c.
(T.C.A. 1118-105, 18-402)
3.6.2 Rule-making.
Reference Section 1.6.
3.1.3 CHANCERY COURT.
The Chancery Court in each
county has two terms per year (each of up to 6
months duration).
Certain courts are authorized
to have more than these.
[T.C.A. 116-237 to 116-251]
3.2.3 Organization.
The state contains 18 chancery
divisions consisting of 1 or more counties.
(T.C.A. 116-237 to 116-255; Executive Secre-
tary]
3.3.3 Jurisdiction
a. The Chancery Court has full equitable juris-
diction where over $50 is in controversy, and con-
current jurisdiction with the Circuit Court in all
actions triable to those courts except for cases
for unliquidated damages for injuries to property
not resulting from breach of contract.
b. The Chancery Court hears appeals from
administrative agencies, boards, and commissions.
(T.C.A. 114-523, 16-601, 16-602]
3.4.3 Judges ('27 chancellors)
a. The Chancery Court does not have a chief
judge or presiding judges over the individual
divisions.
Four divisions that are coterminous
with circuits have presiding judges.
Reference
Section 3.4.1.a.
b. Chancellors must meet the same qualifica-
tions as Circuit Court judges.
Reference Section
3.4.1.b.
c. Chancellors are elected to 8-year terms by
the voters of their rexpective divisions.
[Const., Art. 6, 14; T.C.A. 1117-101, 17-102,
17-103; Executive Secretary]
3.5.3 Administration
a. There are no provisions for a chief judge
over all the divisions of the Chancery Court or for
presiding judges for the individual Chancery Court
e xcept for the four divisions that are coterminous
with circuits.
Reference Section 3.5.1.a.
b. There are no provisions for an administrator
over all the divisions of the Chancery Court or for
administrators for the individual Chancery Courts.
Reference Section 5.2.b (state-level administra-
tor).
A
c. Clerks of the Chancery Court are appointed
by the chancellors to 6-year terms.
The clerks
perform the same duties as the Circuit Court
clerks (reference Section 3.5.1.c).
They also
have the power to perform as masters-in-chancery
(reference Section 6.2.3).
(T.C.A. 1118-105, 18-501, 18-502, 18-503;
Executive Secretary]
3.6.3 Rule-making.
Reference Section 1.6.
3.1.4 LAW AND EQUITY COURT.
The Law and Equity
Court sits in continuous session.
429
3.2.4 Organization.
Law and Equity Courts have
been established in Blount, Dyer, Gibson, and
Montgomery Counties.
There are no alalized
divisions of the court.
[T.C.A. 1116-242, 16-245, 16-249]
3.3.4 Jurisdiction
a. The Law and Equity Court has full concurrent
jurisdiction with the Chancery Court (reference
Section 3.3.3.0 and concurrent civil jurisdiction
with the Circuit Court (reference Section 3.3.1.a).
b. The Law and Equity Court of Gibson County
hears appeals from the General Sessions Court.
The
remaining courts have no appellate jurisdiction.
(T.C.A. 1116-242, 16-2451
3.4.4 Judges (5)
a. The Law and Equity Courts do not have a
chief judge or presiding judges for the individual
courts.
b. Law and Equity Court judges must meet the
same qualifications as Circuit Court judges.
Reference Section 3.4.1.b.
c. Law and Equity Court judges are elected to
8-year terms by the voters of their respective
counties.
(Const., Art. 6,
S4; T.C.A. 1117-101, 17-102,
17-103, 17-119, Executive Secretary]
3.5.4 Administration
a. There are no provisions for a chief judge
over all the Law and Equity Courts in the separate
counties or for presiding judges for the individ-
ual courts. Reference Section 3.5.1.a.
b. There are no provisions for an administrator
over all the counties of the Law and Equity Court
or for administrators for the individual courts.
Reference Section 5.2.b (state-level administra-
tor).
c. Clerks of the Law and Equity Court are
selected in the same manner and perform the same
duties as the Circuit Court clerks.
Reference
Section 3.5.1.c.
(T.C.A. 1118-101, 18-105, 18-402]
3.6.4 Rule-making.
Reference 1.6.
Courts of Limited or Special Jurisdiction
4.1.1 COUNTY COURT.
The County Court sits in con-
tinuous session.
(T.C.A. 116-707]
4.2.1 Organization.
There is a County Court estab-
lished in 68 counties in the state.
There are no
specialized divisions of the court.
MC.A. 16-701; Executive Secretary]
4.3.1 Jurisdiction
a. The County Court has original jurisdiction
in the following cases:
probate of wills, letters
testamentary, executorships, decedents' estates,
guardianship, juvenile (unless the judge is not a
lawyer and there is a potential for confinement),
partitions, name changes, competency hearings, and
matters involving masters and apprentice,.
b. The County Court has no appellate jurisdic-
tion.
IT.C.A. 116-709; Executive Secretary]
4.4.1 Judges (68)
a. The County Courts do not have presiding
judges.
b. County Court judges mixt be 30 years of age,
and they must have been a resident of the stet& for
5 years and of the counties they serve for 1 years..,
before being elected.
c. County Court judges are elected to 4-year
terms by the qualified voters of their respective
counties.
4 1 7
(Const., Art. 7, 11; T.C.A. 117-101; Executive
Secretary]
4.5.1 Administration
a. There are no provisions for presiding judges
over the counties of the County Court.
b. There are no provisons for administrators
over the counties of the County Court.
Reference
Section 5.2.b (state-level administrator).
c. County clerk. serve as clerks of the County
Court.
They are elected to 4-year terms by the
voter, of the counties.
The duties of the clerks
Include managing the docket and records of the
court, maintaining the library of the court,
administering oaths to and receiving reports from
administrators of estates, and maintaining certain
revenue records.
IT.C.A. 118-105, 118-602 to 118-605]
4.6.1 Rule-making.
Reference Section 1.6.
4.1.2 GENERAL SESSIONS COURT.
General Sessions
Court terms vary from county to county.
(Executive Secretary]
4.2.2 Organization.
General Sessions Cgmrts have
been established in all but three counties.
There
are no specialized divisions of the court.
[T.C.A. 116-1101; Executive Secretary]
4.3.2 Jurisdiction
a. The General Sessions Court can hear misde-
meanor cases if the defendant waives his rights to
indictment, information, grand jury investigation,
or jury trial, or if he pleads guilty.
A fine of
more than $50 cannot be imposed.
If the offense
automatically carries a greater penalty, it cannot
be brought before the General Sessions Court.
Generally, these courts have original jurisdiction
over civil cases with less than $5,000 in contro-
versy, all forcible entry and detainer cases,
equity cases not exceeding $1,500 in controversy,
and action, to recover personalty and debts not
exceeding $10,000 in value.
Some courts have
juvenile jurisdiction.
Special legislation has
amended the jurisdiction of the General Session.
Court in certain counties.
b. The General Sessions Court has no appellate
jurisdiction.
[T.C.A. IS16-1104, 19-301, 40-1181
4.4.2 Judges (92)
a. The General Session. Courts do not have
presiding judges.
b. General Session. Court judges must be at
least 30 year. of age, must have been Tennessee
residents for 5 years, and must have been residents
of their respective counties for
1 year.
Two
counties, designated by population, have the
additional requirement that judges be attorneys.
c. General Sessions Court judges are elected
to 8-year terms by the voters of their respective
counties.
(Const., Art. 6, 14; T.C.A. 1116-1105, 16-1106;
Executive Secretary]
4.5.2 Administration
a. There are no provisions for presiding judges
for the General Sessions Court.
b. There are no provisons for administrators
for the General Sessions Court.
Reference Section
5.2.b (state-level administrators).
c. Unless a separate clerk is provided for by
special legislation, the clerk of the Circuit
Coozt (reference Section 3.5.1.c) serves as the
clerk of the General Sessions Court.
The clerk'.
duties include issuanceof_process, setting bond
in the absence of the judge, -calleilion of fees,
430
and maintenance of the court's records.
(T.C.A. 1116-1116, 16-1121, 16-1123, 18-409,
18-410]
4.6.2 Rule-making.
The General Sessions Court is
subject to the rules promulgated by the Supreme
Court.
Reference Section 1.6.
The judges of the
court, however, are authorized to adopt rules to
expedite their caseload.
[T.C.A. $16-11201
4.1.3 PROBATE COURT.
The Probate Court terms vary
from county to county.
(Executive Secretary]
4.2.3 Organization.
Three Probate Courts have been
established by special legislation and exercise
countywide jurisdiction.
There are no specialized
divisions of the court.
(Executive Secretary]
4.3.3 Jurisdiction
a. The Probate Court, where established, exer-
cises original jurisdiction in all probate matters
initially assigned to the County Court.
b. The Probate Court has no appellate jurisdic-
tion.
[F.S. Le Clercq, "The Tennessee Court System,"
8 Memphis State University Law Revue 185, 461
(1978), (hereinafter Le Clercq)]
4.4.3 Judges (2;
1 county judge and 5 general
sessions judges also serve)
a. The Probate Court. do not have presiding
judges.
b. Two Probate Courts are presided over by
Probate Court judges.
In the remaining counties,
the Probate Court is served by county judges anti
general sessions judges.
c. See Section 4.4.3.b above.
[Executive Secretary]
4.5.3 Administration
a. There are no presiding judges for the Pro-
bate Court.
b. There are no provisions for administrators
for the Probate Court.
Reference Section 5.2.b
(state-level administrators).
c. There are no separate clerks for the Probate
Court except in Shelby County.
The clerk of the
court that supplies the judge serves as clerk of
the Probate Court as well.
He has duties as
prescribed by the judge of the Probate Court.
[Le Clercq, Executive Secretary]
4.6.3 Rule-making.
Reference Section 1.6.
4.1.4 JUVENILE COURT.
The Juvenile Court terms
vary from county to county.
[Executive Secretary]
4.2.4 Organization.
Juvenile Courts have been
established in 16 counties by special legislation.
There are no specialized divisions of the court.
[Le Clercq]
4.3.4 Jurisdiction
a. The Juvenile Court, where established, has
jurisdiction over all juvenile matters usually
handled by the County Court.
Reference Section
4.3.1.a.
b. The Juvenile Court has no appellate juris-
diction.
IT.C.A. 1137-203, 37-204; Le Clercq]
4.4.4 Judges (6;
7 general sessions judges,
1
trial justice, and 2 county judges also serve)
a. The Juvenile Courts do not have presiding
judges.
b. The requirements and selection process for
each Juvenile Court judgeship vary from act to act.
C. See Section 4.4.4.b bove.
[La Clercq; Executive Secretary)
4.5.4 Administration
a. There are no provisions for presiding judges
for the Juvenile Court.
b. There ire no provisions for administrators
for the Juvenile Court.
Reference Section 5.2.b
(state-level administrator).
c. County Court, General Sessions Court, or
Circuit Court clerks usually serve a Juvenile
Court clerks a well.
The clerk is responsible
for handling fees, process, records, and reports
of the court.
[La Clercq]
4.6.4 Rule-makint.
Reference Section 1.6.
4.1.5 TRIAL JUSTICE COURT.
The Trial Justice Court
terms vary from county to county.
[Executive Secretary]
4.2.5 Organization.
The Trial Justice Court is
located in two counties, Anderson and Sevier, and
continues to have trial jurisdiction in lieu of the
formation of a General Sessions Court.
There are
no specialized divisions of the court.
[T.C.A. 116-1101; Executive Secretary]
4.3.5 Jurisdiction
a. The Trial Justice Court has the same origi-
nal civil jurisdiction as the General Sessions
Court.
Reference Section 4.3.2.a.
Justices have
criminal jurisdiction in cases where the possible
fine does not exceed $50 and the sentence does not
xceed 11 months and 29 days.
b. The Trial Justice Court has no appellate
jurisdiction.
(T.C.A. 119-3011
4.4.5 Judges (2)
a. Trial Justce Courts do not have presiding
judges.
b. Trial Justice Court judges must be 30 years
of age, must have been residents of Tennessee for
5 years, and must have been residents of their
respective counties for 1 year.
c. Trial Justice Court judges are elected to
8-year terms by voters in the county by partisan
election.
[Executive Secretary]
4.5.5 Administration
a. There are no prcvisions for presiding judges
for the Trial Justice Court.
b. There are no provisions for administrators
for the Trial Justice Court.
Reference Section
5.2.b (state-level administrator).
c. There are no provisions for clerks for the
Trial Justice Courts.
4.6.5 Rule-making.
Reference Section 1.6.
Certain
rules of civil procedure are statutorily defined.
[T.C.A. 119-401 to 119-4281
4.1.6 MUNICIPAL COURT.
The Milnicipal Court meets
5 days a week at 3:00 p.m.
[Chapter 244, House Bill No. 6971
4.2.6 Oreanization.
The organization of the MD-
nicipal Court is contingent upon the form of
municipal government installed.
Consequently,
organization varies with municipalities.
4.3.6.Jurisdiction
a. The Milnicipal Court has jurisdiction over
violations of municipal ordinances and charters.
The Municipal Court also has jurisdiction over
other offenses where the fine does not exceed $50.
b. The Milnicipal Court has no appellate juris-
diction.
(Const., Art. 6, 114; T.C.A. 1140-407, 40-408;
L. Clercq]
431
4.4.6 Judges (192)
a. The Milnicipal Courts do not have presiding
judges.
b. The qualifications of Milnicipal Court
judges vary according to locality.
c. The selection process for Miinicipal Court
judges varies according to locality.
[T.C.A. 116-2119, 6-3302; Executive Secretary)
4.5.6 Administration
a. There are no provisions for presiding judges
over the Milnicipal Court.
b. There are no provisions for administrator,
of the Milnicipal Court.
c. Provisions for clerks vary according to
locality.
[Le Clercq]
4.6.6 Rule-making.
There are no statewide uniform
rules of procedure for the Milnicipal Court.
Con-
sequently, each court is free to formulate its own
procedoral rules not inconsistent with state law.
[Le Clercq]
State-Level Adminstration
5.1 General administrative authority.
The Supreme
Court is vested with supervisory control over gen-
eral jurisdiction and appellate courts in the
state.
The court is statutorily empowered to "take
all
.
.
. action
.
.
. necessary to the orderly
'administration of justice within the state."
The
Chief Justice has the authority to temporarily
assign judicial personnel.
Primarily through the
Executive Secretary, he supervises the courts'
financial, educational, planning, and operations
affairs.
He is the chief representative of the
court system.
Through the Executive Secretary he
supervises the administrative staff.
Reference
Section 1.5.a.
[T.C.A. 1116-330, 16-331; Office of the Execu-
tive Secretary]
5.2 Office of the Executive Secretery to the Su-
preme Court
a. This office was created by statute 4to
assist in improving the administration of justice
in Tennessee."
b. Executive Secretary
(1) This position is statutorily authorized.
(2) The Executive Secretary is appointed by
the Supreme Court and serves at its pleasure.
He
must have been a resident of the state for 5 years
and must be a member of the Tennessee Bar.
The
Executive Secretary is barred from practicing law
while in office.
(3) The Executive Secretary performs all
duties assigned to him by the Supreme Court in
order to expedite litigation and improve court
administration.
He is also charged with adminis-
tering the judicial budget of the tate, providing
secretariat services for the Judicial Council
(reference Table 29:
Judicial councils and con-
ferences), and maintaining "minimum law libraries"
for all courts of record in the tate to the extent
of his budgetary capabilities.
c.,Office organization.
The Executive Secre-
tary is authorized to appoint a staff of assis-
tants, clerical workers, and others as necessary
to perform his duties.
The Office of the Executive
Secretary to the Supreme Court consists of 20
people:
16 professionals (including the Executive
Secretary) and 4 clerical personnel.
The profes-
sional staff provides support services in the fol-
lowing areas:
systems analysis and programming;
payroll; education; office management; Legislative,
executive, public, and media information; and plan-
4
Figure 2:
Tennessee state-level administrative office of the courts, 1980
Isecutive
Secretary
b
Administrative
Indieent
Fiscal
Chief
Staff
Counsel
Staff
Judiciel
Staff
Planner
- Isecutive
Claims auditor
Director of
fiscal
ecrtry
Asst. claims
affairs
Administrative
'auditor
Asst. director of
asst./project
- Fiscal clerk
fiscal affairs
director
Fiscal clerk
- Staff associate/
property director
- Secretary
Staff associate/
property director
Secretry
4
-
/
Research
and
Proeram
Development
Staff
Judicial
Plannine
Center
Staff
Educational planner
- Courts planner
- Statistical director
Judicial planner
Director of
information and
publication
Judicial planner
Keypunch operator
Word processor
operator
- Statistical planner
- Secretary
432
(4 -(1
1 .)ki
ning and research activities, which include judi-
cial planning.
(T.C.A. 116-235 to 116-328; Executive
Secretary)
Quasi-JudiAcial Officers
6.1.1 ALE TRIAL COURTS
6.2.1 Commissioner
a. The positions require only that commission-
ers be disinterested parties and not related to any
party to the case.
They are appointed by the court
or clerk.
b. Commissioners are empowered to issue sub-
poenas and take depositions.
(T.C.A. 1124-920, 24-9221
6.1.2 ALL TRIAL COURTS
6.2.2 Special masters
a. There are no formal qualifications for
special masters.
Chancery Court clerks have full
powers as masters by virtue of their office.
Mas-
ters are court-appointed otherwise.
b. Special masters are empowered to conduct
hearings, take evidence, and report to the ap-
pointing court on particular issues.
Masters have
the power to subpoena.
(T.C.A. 118-503; Rules of Civil Procedure
(R.C.P.) 53.01, 53.02, 53.031
6.1.3 CIRCUIT COURTCRANCERY COURT, LAW AND EQUITY
COURT, AND COUNTY COURT
6.2.3 Commissioner in chancery
a. Colmissioners in chancery are appointed by
the court and are only required to be "respectable
433
freeholders."
b. Three or more commissioners are appointed
to partition and sell land in accordance with a
judgment of the appointing court.
(T.C.A. 116-712, 123-2117 to 123-1211
Judicial Discipline
7.1 COURT OF THE JUDICIARY.
The court consists of
11 persons:
three appellate judges, appointed by
the Supreme Court; one trial judge from each of the
three grand divisions of the state, appointed by
the Supreme Court; one practicing attorney from
each grand division, appointed by the board of Gov-
ernors of the Tennessee Bar; and two lay persons,
one appointed by each house of the Tennessee legis-
lature.
(T.C.A. 117-8041
7.2 Authority and procedure for sanction.
When a
charge against any judge is made to the court, a
preliminary examination is made to determine if the
complaint is frivolous or deserving of further at-
tention.
An'investigating officer makes this exam-
ination and reports to the court.
If a minor in-
fraction is found to have occurred, a simple cease
and desist order is issued.
If a major offense is
found to have possibly occurred, the matter pro-
ceeds to trial before the court.
The accused has
the right to appeal any adverse judgment of the
court to the Supreme Court.
If the Supreme Court
affirms and the penalty imposed is removal from of-
fice, the judgment is reviewed further by the Gen-
eral Assembly of the state where a two-thirds vote
of each house is required for actual removal.
(T.C.A. 117-814 to 117-8211
414.
4
4'31
0
Figure 1:
Texas court system, 1980
SUPREME COURT
9 justices
Jurisdiction:
- Final :appellate jurisdiction
in civil and Juvenile cases.,
COURT OF CIVIL APPEALS (14)
$1 judges
Jurisdiction:
- Civil appeals from trial courts
in their respective supreme
judicial districta.
COURT OF CRIMINAL APPEALS
9 judges
Jurisdiction:
- Final appellate Jurisdiction
in criminal cases.
411,
Criminal
matters.
DISTRICT COURT (310)
I
310 judges
s
DISTRICT COURT
CRIMINAL DISTRICT
FAMILY DISTRICT COURT
Jurisliction.
COURT (10)
Jurisdiction:
- Original jurisdiction in
civil actions over $500,
divorce, title to land,
contested elections,
and probate matters.
- Original Jurisdiction in
10 judges
Jurisdiction:
- Exclusive
criminal
Jurisdiction.
- Domestic relations,
divorce and annulment,
birth records, child
custody and support.
Juvenile delinquency,
dependency, and
fislony netters.
neglect.
- Juvenile matters.
Appeals de novo in probate.
'
Jury.trials.
,
11
Criminal
Metter..
COUNTY COURT (260)
,C
360 judges
CONSTITUTIONAL COUNTY COURT (254)
COUNTY COURT AT LAW '498)
PROBATE COURT (8)
254 judges
98 judges
8 judges
Jurisdiction:
Jurisdiction*
Jurisdiction.
- Original jurisdiction in civil
- Civil actions under
- Limited probate
actions between $200 and $1,000.
$5,000.
Varied limited
[lettere.
Probate.
jurisdiction over civil
- Exclusive original jurisdiction over
misdemeanors with fine greater than
matters.
,
- Limited jurisdrction
$200 or jail sentence (except where
over criminal matters.
there is
Criminal District Court.)
Appeal. de novo.
Appeals de novo.
,
Six-person jury trials.
Six-person Jury trials.
(Some Municipal and Justice of the Peace
Court decisions may be appealed to the
District Court.)
MUNICIPAL COURT (663)
863'judges
Juriediction:
- Misdemeanor. with fine less
than $200.
- Exclusive jurisdiction over
municipal ordinance violations.
Jury trials.
ItIndicates route of appeal.
4
JUSTICE OF THE PEACE COURT (972)
972 j6dges
Jurisdiction.
- Civil actions under $200.
Small claim..
- Criminal cases with fine less
than $200.
Preliminary hearings.
Jury trials.
434
4.,
=WM/
Courts of
last
resort
Intermediate
appellate
Court
Court of
gtneral
Jurisdiction
Courts of
limited
jurisdiction
44.
TEXAS
Courts of Last Resort
1.1.1 SUPREME COURT.
The Supreme Court holds one
term coincident with the calendar year in Austin,
the state capital.
[Constitution, Article V, Sections 3, 3a]
1.2.1 Organization.
The constitution provides that
five of the nine Supreme Court justices constitute
a quorum and the concurrence of five is necessary
for a decision.
When business requires, the court
may sit in sections as designated b}, the court to
hear argument of causes and to consider applica-
tions for writs of error or other preliminary
matters.
[Const., Art. V, S2)
1.3.1 Jurisdiction
a. The Supreme Court has original jurisdiction
to issue necessary writs and to conduct proceedings
for involuntary retirement or removal of judges.
b. The Supreme Court has statewide final appel-
late jurisdiction in civil and juvenile cases only.
[Con!t., Art. V, S3; Vernon's Annotated Civil
Statutes (hereinafter V.A.C.S.), Articles 1728,
1,733; Fifty First Annual Report, Texas Judicial
Council, and Third Annual Report, Office of
Court Administration, April 1980 (hereinafter
1979 Annual Report]
1.4.1 Justices (9)
a. The Chief Justice is elected to a 6-year
term by the qualified voters of the state at a gen-
eral election.
b. Supreme Court justices must be citizens of
the United States and of the state, must be at
least 35 years of age, and must have been prac-
ticing lawyers or a combination of lawyer and judge
of a court of record together for at least 10
years.
c. Supreme Court justices are elected (three
of them every 2 years) in partisan, statewide elec-
tions.
All justices, including the Chief Justice,
serve 6-year overlapping terms.
Vacancies are
filled by the Governor with the advice and consent
of the Senate.
Appointed justices serve until the
next succeeding general election.
[Const., Art. V, SS2, 28; Administrative
Director; 1979 Annual Report, p. 9]
1.5.1 Administration
a. The Supreme Court exercises administration
and supervision of the entire court system through
the Chief Justice, the Administrative Director of
the Courts, the presiding judges of the nine judi-
cial districts, District Court county presiding
judges and court coordinators, Conititutional
County Court presiding judges and caurt:coordinar
tors, court adminittretors for the County*Court.,at.
Law, and Municipal Court presiding judges.
once Section 5.1, (General edministrative,author-
ity).
The-Chief JUitice.halcno,specifically.
articulated duties with regatd:to the admihistta-
tinn-of the Supreme Couri.
15:, Reference Section-5.2.b (state-level admin=
-,1strator).'
;--
435
c. The clerk of the Supreme Court, a position
authorized by the constitution, is appointed by the
court to a 4-year term.
There are no statutory
provisions for assigning administrative duties to
the clerk.
He has responsibilities as determined
by the court.
[Const., Art. V, S3; O.A.C.S., Arts. 1718,
1720]
1.6.1 Rule-making.
The Supreme Court is constitu-
tionally empowered to make and enforce all
necessary rules of practice and procedure, not
inconsistent with the law, for the government of
the court and all'other courts of the state.
Statutes further provide that in order to confer
upon and relinquish to the Supreme Court full rule-
making power in civil judicial proceedings, all
laws governing such procedure are repealed.
There-
by, the Supreme Court is granted full rule-making
power in civil actions.
The Supreme Court is stat-
utorily authorized to promulgate rules of adminis-
tration for the efficient administration of justice
in the state.
When promulgating rules for the
administration of criminal justice, the Supreme
Court must seek the advice of the Court of Criminal
Appeals.
[Const., Art. V, S25; V.A.C.S. Arts. 1731,
1731a, 2328b)
1.1.2 COURT OF CRIMINAL APPEALS.
The Court of
Criminal Appeals sits in Austin from the first
Monday in October to the first Saturday in
September each year.
[Const., Art, V, S5; V.A.C.S., Art. 1804]
1.2.2 Organization.
For the purpose of hearing
cases, the Court of Criminal Appeals may si$ in
panels of three judges as designated by rule of the
court.
In a panel of three, two judges constitute
a quorum and the concurrence of two is necessary
for a decision.
The presiding judge, under rules
established by the court, must convene the court
en banc for the transaction of all other business
and may convene the court en banc for the purpose
of hearing cases.
The court must sit en banc dur-
ing proceedings involving capital punishment and
other cases as required by law.
When convened en
banc, five judges constitute a quorum and the con-
currence of five is necessary for a decision.
[Const., Art. V, S4]
1.3.2 Jurisdiction
a. The Court of Criminal Appeals has Original
jurisdiction to issue writs of habeas corpus and
other Writs necedsary to its jurisdiction..
b. The Cdurt"of Criminal Appeals his statewide
final appellate jurisdiction in all criminal-cases.
[Const., Art. V, S51
1.4.2 Judges.(9)
,
a. The Presiding Judea is elected to a,6-year
term by popular vote in a partisan election.
b* Court of Criminal Appeals judges must meet
the same qualifications as Supreme Court justices.
Reference Sectioh 1.4.I.1,.
453
co. Court of Criminal Appeals judges are elected
by the voters of the state in partisan elections.
All judges serve 6-year overlapping terms.
Vacan-
cies are filled by the Governor, with the advice
and consent of the Senate.
Appointed judges serve
until the next general election.
[Const., Art. V, §4; V.A.C.S., Art. 1802; Ad-
ministrative Director; 1979 Annual Report, p.
10]
1.5.2 Administration
a. The Presiding Judge has no specifically
articulated duties with regard to the administra-
tion of the Court of Criminal Appeals.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The clerk, whose position is authorized by
the constitution, is appointed by,the court for a
4-year term.
There are no statutory provisions for
assigning administrative duties to the clerk.
He
has responsibilities as determined by the court.
[Const., Art. V, 55; V.A.C.S., Art. 18081
1.6.2 Rule-making.
The court has no constitutional
or statutory rule-making authority.
Procedure is
governed by the Code of Criminal Procedure.
Intermediate Appellate Court
2.1 COURT OF Cl/IIIAPPEALS.
The term of the Court
of Civil Appeals is from the first Monday in Octo-
ber of each year until the first Monday in October
of the following year.
[V.A.C.S., Art. 1816]
2.2 Organization.
A Court of Civil Appeals sits
in each of 44 supreme judicial districts around the
state.
Eleven courts currently consist of three
justices, two of whom constitute a quorum; and the
concurrence of two is necessary for a decision.
Three of the 14 Courts of Civil Appeals consit of
six justices and may sit in panels of not less than
three justices.
The concurrence of a majority of
a panel is necessary for a decision.
Effective
January 1983, a fourth court will consist of six
justices.
Each of the remaining courts will con-
tinue to
onsist of three judges.
[Con
Art..V, §6; V.A.C.S., Arts. 1812,
1817
2.3 Jurisdiction
a. The Courts of Civil Appeaks have limited
original jurisdiction to issue writs necessary to
enforce their jurisdiction.
b. The Courts of Civil Appeals have interme-
diate appellate jurisdiction in civil cases only
from trial courts in their respective supreme ju-
dicial districts.
[Const., Art. V, §6; V.A.C.S., Arts. 1819,
1823; 1979 Annual Report, p. lb]
2.4 Justices (51)
a. There is no provision for a chief justice
over all the supreme judicial districts of the
Court of Civil Appeals.
Each of the 14 supreme
judicial districts has a chief justice, who is
elected to a 6-year term by the voters of the dis-
trict in A general election.
b. Court of Civil Appeals justices must meet
the same qualifications as Supreme Court justices.
Reference Section 1.4.1.b.
c. Court of Civil Appeals justices are elected
by the voters of their respective districts.
They
serve 6-year overlapping terms.
[Const., Art. V, §6; Administrative Director]
2.5 Administration
a. Whereas there is no provision for a chief
justice over all the supreme judicial districts of
the Court of Civil Appeals, there is a chief jus-
tice, however, for each of the 14 supreme judicial
districts.
The chief justices have no specifically
articulated duties with regard to the administra-
tion of the Court of Civil Appeals.
b. There is no provision for an administrator
for the Court of Civil Appeils.
Reference Section
5.2.b (state-level administrator).
c. The constitution provides that each Court
of Civil Appeals may appoint a clerk in the same
manner as the Supreme Court.
There are no stat-
utory provisions for assigning administrative
duties to the clerks.
They have responsibilities
as determined by the court.
[Const., Art. V, S6; V.A4C.S., Art. 1831 to
Art. 1836]
2.6 Rule-making.
The Supreme Court makes rules of
civil practice and procedure and rules of court
administration for use in the Court of Civil
Appeals.
[Const., Art. V, §25; V.A.C.S., Arts. 1731,
2328b]
Court of General Jurisdiction
3.1 DISTRICT COURT.
Each court holds at least two
terms per year.
[Const., Art. V, §6; V.A.C.S., Art. 19191
3.2 Organization.
The constitution provides that
the state will be divided into as many single-judge
judicial districts as provided by law.
There are
approximately 310 separate District Courts, iden-
tified by separate numbers, each having its own
judge and geographical jurisdiction.
In a number
of areas, the geographical jurisdiction of two or
more District Courts is overlapping.
The court
sits at the county seat of each county included in
each respective geographical district.
Statutes
determine which District Courts are primarily re-
sponsible fOr criminal, civil, or family matters.
Geographical locations of Family District Courts
and Criminal District Courts are provided in the
statutes.
For administrative purposes, the state
is divided into nine administrative judicial dis-
tricts, each headed by a presiding judge.
[V.A.C.S,, Arts. 199e, 200a, 1926a, 1926-1 et.
1976 Annual Report, p. 6; Administrative
Director]
3.3 Jurisdiction
a. The District Court has original jucisdiction
in all felonies, cases of divorce, title to land,
contested elections, civil matters involving $500
or more, and probate matters.
In addition, these
courts have general jurisdiction over all causes
of action for which a remedy or jurisdiction is not
provided by law or by the constitution, and have
the power to issue necessary writs.
Most District Courts exercise both criminal
and civil jurisdiction, but in the metropolitan
areas, there is a tendency for the courts to spe-
cialize in either criminal or civil cases.
Several
District Courts are specifically established by law
and designated as Criminal District Courts.
In
general these courts exercise exclusively criminal
jurisdiction, although in some courts the juris-
diction ham been increased to include civil matters
such as divorce, dependent and delinquent children,
adoption, and habeas corpus proceedings.
In addition, Family District Courts have
been created by law to replace Domestic Relations
Courts and special'Juvenile Courts.
Each has the
436
41 -..1
jurisdiction and power provided for the District
Court by the constitution and laws of the state.
Its jurisdiction is concurrent with that of other
District Courts In the county in which it is lo-
cated.
A Family District Court has primary respon-
sibility for cases involving family law matters.
Statutes specify, however, that the act creating
them does not limit *he jurisdiction of other Dis-
trict Courts nor relieve them of responsibility for
handling cases involving family law matters.
b. The District Court has appellate jurisdic-
tion in probate matters and.general supervisory
control over Commissioner's Courts (made up of one
commissioner from each of the four county precincts
and the county judge, who serve as the county
governing board).
[Const., Art. V, S8; V.A.C.S., Art.'s 1906 to
1918, 1926a, 1926-1 et. seq., 2339, 2342,
2352; 1976 Annual Report, p. 171
3.4 Judges (310)
a. There is no provision for a chief judge over
all the districts of the District Court.
There is
a presiding judge, however, for each of
the nine
administrative judicial districts.
The presiding
judges are appointed by the Governor to 4-year
terms with the advice and consent of the Senate.
b. District Court judges must be citizens of
the United States and of Texas, must have been
residents of the district for 2 years, must be at
leAt age 25, must be licensed to practice law in
the state, and must have been a practicing lawyer
or judge for 4 years.
To qualify as a presiding
judge of an administrative judicial district, a
person must be a regularly elected district judge,
a retired district judge, or an active or retired
appellate judge with judicial experience on a
District Court who, if retired, voluntarily retired
from office.
The person must reside within the
district and must have certified his willingness
to serve as a presiding judge.
c. District Court judges are elected by the
qualified voters of their respective districts at
the general election.
They serve 4-year terms.
[Const., Art. V, 557, 7p, 28; V.A.C.S., Arts.
200a, 18841
3.5 Administration
a. Whereas there is no provision for, a chief
judge over all the districts of the District Court,
the presiding judges of the administrative judicial
districts are responsible for the administration
of their respective districts.
Eachpresiding
judge may assign any active or retired district
judge residing within his administrative judicial
district to serve in any of the district-level
courts within the district.
The presiding judge
of one district may request the presiding judge of
another to assign district judges from his district
to sit in a District Court of the judge making the
request.
The presiding judge convenes an annual
conference of the judges within the administrative
judicial district to consult on the. state of the
business in the courts.
In any county in which
there are three or more district-level courts, the
judges of those courts may elect a presiding judge
who, subject to the local rules, may assign and
transfer cases and judges among the courts in the
county.
The law also provides that, subject to
the local rules, the presiding judge may appoint
presiding judges for courts assigned to.specific
cl
f cases such as civil, criminal, or juve-
nile.
Pursuant to specific court-creating legis-
lation, district judges in other counties may
select presiding judges.
b. There is no provision for an administrator
over all the districts of the District Court.
Reference Section 5.2.b (state-level administra-
tor).
The Criminal District Courts and the Dis-
trict Courts of general jurisdiction in counties
with a population greater than 700,000 that give
preference to criminal cases may establish and
maintain a court coordinator system, and designate
the duties to be performed by the coordinator to
improve criminal justice and expedite the proces-
sing of criminal cases through the District Court.
Court coordinators are appointed by and serve at
the pleasure of the District Court.
There are no
statutory provisions for court coordinators or
administrators for the Family District Court or the
District Court emphasizing civil cases.
c. The constitutioi provides for the election
of a clerk for the plee-FRt Court of each county
every 4 years.
The district clerk also serves the
Family and Criminal District Courts in the same
county.
In counties with a population under 8,000,
a single clerk is elected to perform the duties of
the district clerk and the county clerk unless a
majority of the qualified voters elect to keep.the
offices of county and district clerk separate.
There are no statutory provisions for assigning
administrative duties to the district clerk.
He
has responsibilities as determined by the court.
Four statutes provide for the appointment by the
district judges in a county of an "assignment
clerk- to serve the courts in the setting of cases
and disposing of cases.
IConst., Art. V, 559, 20; V.A.C.S., Arts.
119(11), 119(14), 199(37), 200a, 200b, 1894 to
1905, 1926a,4926-1 et. seq., 2092 subd. 18a,
2093c, 2093d, 2093e, 2093f; Administrative
Director]
3.6 Rule-making.
The Supreme Court is empowered
to make and enforce all necessary rules of civil
procedure and practice and rules of administration
for use in the District Court.
Criminal procedure-
is governed by the Code of Criminal Procedure.
An
annual Conference of District Judges (reference
Table 29:
Judicial councils and conferences) in
each administrative judicial district is convened
by the presiding judge.
The conference is empowL
ered to adopt rules for the administration of cases
in the administrative district.
In any county in
which there are three or more district-level
courts, the'judges of those courts may make rules
governing assignment, docketing, transfer and hear-
ing of cases, and rules of practice and procedure
not inconsistent with statutes or the Texas Rules
of Civil Procedure.
[Const., Art. V, 525; V.A.C.S., Arts. 200b,
1731, 2328b; 1976 Annual Report, p. 36]
COurts of Limited or Special Jurisdiction
4.1.1 COUNTY COURT.
The Texas Constitution pro-
vides for a County Court in each county presid&J
over by the county judge.
To relieve the calendar
congestion of the single Constitutional County
Courts; the legislature has established special
courts called Probate Courts and County Courts at
Law in certain counties having large populations.
The Constitutional County Court must hold at least
four terms for both criminal and civil business
annually.
The County Court at Law holds terms
437
L;.t)
beginnine on the first Monday in February, May, Au-
gust, and November.
The court remains in session
for 3 weeks provided it stays open at all times
for the transaction of probate business.
[V.A.C.S., Art. 1961; 1979 Annual Report, p.
9; Administrative Director]
4.2.1 Organization.
The constitution provides for
a County Court of Record in each county of the
state with one judge per court.
Each County Court
at Lay is located at the county seat, with one
Jude. per court.
[Const., Art. V, S15; V.A.C.S., Art. 19701
4.3.1 Jurisdiction
a. The Constitutional County Court has exclu-
sive orieinal jurisdiction over all misdemeanors
involvine a fine in excess of *200 or a jail sen-
tence, but criminal jurisdiction does not exist in
any county that has a Criminal District Court.
The Constitutional County Court has jurisdiction
in the forfeiture of bonds, and may issue writs of
habeas corpus unless such jurisdiction was confer-
red upon the District Court.
The Constitutional
County Court has exclusive original jurisdiction
in civil cases where the contested amount is be-
tween *200 and 000, and concurrent jurisdiction
with the District Court in cases involving between
$500 and $1,006.
The court has general probate
jurisdiction.
The original jurisdiction of the
pecial county courts (County Courts at Law and
Probate Courts) varies according to the statute
under which ach court was created.
The courts
have varied names, reflecting the fact that some
of these courts are intended to exercise subject-
matter jurisdiction in only limited fields, such
as crisinal, civil, or probate; but the names do
not always disclose their complete jurisdiction.
All County Courts at Law have civil jurisdiction
over cases involving up to 0,000.
The Probate
Court handles probate matters only.
b. The Constitutional County Court has de novo
appellate jurisdiction in cases tried in the Muni-
cipal and Justice Courts when the amount in
controversy exceeds *20.
Some County Courts at Law have appellate
jurisdiction over cases appealed from Justice of
the Peace or Municipal Courts.
[Const., Art. V, S16; V.A.C.S., Arts. 1949,
1950, 1960-1, 1960-2, 1960-3, 1960-4, 1961,
1970, 1970a, 1970-1 et. .E2.; 1976 Annual
Report, p. 18; 1979 Annual Report, p. 81
4.4.1 Jud es.
There are 254 judges serving the
Constitutional County Court, 98 judges serving the
County Court at Law, and 8 judges serving the Pro-
bate Court.
a. Statutes provide that the judges of courts
having county-level criminal jurisdiction in
counties vith a. population over 1,500,000 in which
there are nine or more such courts may select from
their number a presiding judge.
The presiding
judge is elected by a vote of two-thirds of the
Jude.s of such courts.
He is elected to a teru of
6 months and serves until his successor is elected.
b. Constitutional County Court judges must be
"well informed in the taw of the state."
There.are
no further qualifications for presiding judges.
Qualifications for judges,of the County Court at
Law and Probate Court vary according to the statute
that created the court.
Some include 2 to 5 years
of experience as a practicine attorney and the re-
quirement of residence in the county.
c. Constitutional County Court judges are
elected by the qualified voters of their respective
counties.
They serve 4-year terus.
Selection may
vary, but County Court at Law judges are generally
elected in countywide partisan elections;
vacancies between elections are filled by county
commissioners.
Terms may vary, but_are generally
4 years.
[Const., Art. V, SS15, 28; V.A.C.S., Arts.
1934d, 1970L1 et. mi.; 1976 Annual Report;
p. 19; Administrative Director]
4.5.1 Administration
a. Presiding judges exist in counties with a
population greater than 1,500,000 in which there
are nine or more courts having county-level crim-
inal jurisdiction.
The presiding judge presides
at any session of the judges of the courts and is
an ex officio member of all committees created by -
the judges pertaining to the administration of
justice and the dispatch of business.
The presid-
ing judge is chief administrator of the office of
County Court coordinators. He is in charge of pre-
trial release and other court-related services in
misdemeanor cas
b. In counti,
with a population over
1,500,000, a co
manager and coordinator system
may be estab
for the Constitutional County
Court and the C
ty Court at Law exercising crim-
inal jurisdiction.
The courts may by rule desig-
nate and set out the qualifications of and duties
to be perforued by the court manager and coordina-
tors to improve criminal justice and expedite the
processing of criminal cases through the County
Courts.
A County Court at Law that has criminal
jurisdiction in a county that has more than one
court may establish and maintain a court
administration system if approved by the
Commissioner's Court.
.Reference Section 3.3.b.
The courts designate the duties of the court
administrator, who is appointed by and serves at
theapleasure of the judges of such courts.
c. The constitution provides for the election
of county clerks every 4lears who serve as clerks
of the Constitutional County Court.
Clerks are
authorized to issue iarrialte licenses, administer
oaths, take depositions, act as county recorders,
and keep court records.
The county clerk may
appoint deputies.
in general, the County Court at Law and the
Probate Court are served by the county clerk.
[Const., Art. V, S20; V.A.C.S., Arts. 1934b,
1934c, 1934d, 1935, 1938, 1970-1 et. mi.]
4.6.1 Rule-making.
The Supreme Court may promul-
gate rules of civil procedure and practice'bnd
rules of administration for use in the County
Court.
Criminal procedure is governed by the Code
of Criminal Procedure.
The judges of courts having
county-level criminal jurisdiction in counties with
a population over 1,500,000 in which there are nine
or more such courts may adopt rules not inconsis-
tent with the Code of Criminal Procedure and the
Texas Rules of Civil Procedure for practice and
procedure in such courts.
A rule may be adopted
by a two-thirds vote of the judges.
[Const., Art. V, S25; V.A.,C.S., Arts. 1731,
1934d, 2328b1
4.1.2 JUSTICE OF THE PEACE COURT.
Each justice
holds a term of his court for civil business once
in each month.
He may transact business out of
term time as authorized by law.
[V.A.C.S., Art. 23801
438
7 I"
4.2.2 Organization.
The constitution provides that
e ach county is to be divided into between four and
e ight justice precincts, each of which has one
e lected justice of the peace. If a precinct
includes a city of 8,000 or more inhabitants, one
additional juptice is elected.
The Jumtiee of the
Peace Court also functions as a Small Claims Court.
[Const., Art. V, S18; V.A.C.S., Art. 2460a]
4.3.2 Jurisdiction
a. The Justice of the Peace Court has original
jurimdiction in both criminal and civil came. when
the amount in controversy or the fine does not
e xceed $500.
The Small Claims Court has jurisdic-
tion in diiputes over unpaid wages and salaries
when the contested amount does not exceed $200 and
in controvermism over uncollected bills when the
amount does not exceed $150.
Justices may issue
warrants and conduct preliminary hearings.
b. The Justice of the Peace Court has no appel-
late jurisdiction.
[Const., Art. V, S19; V.A.C.S, Art. 2460a;
Code of Criminal Procedure, Art. 45.18,
Sections 2.09, 16.011
4.4.2 Judges (972)
a. The Justice of the Peace Court does not have
premiding judges.
b. There are no formal qualifications for the
position of justice of the peace.
c. Justices of the peace are elected by the
voters of the preinc
.
They serve 4-year terms.
[Const., Art. V, S 8; Adminietrative Director]
4.5.2 Administrati
a. There are no provisions for presiding judges
for the Justice of the Peace Court.
b. There are no provisions for administrators
for the Justice of the Peace Court.
Reference
Section 5.2.b (state-level administrator).
c. There are no provisions for clerks for the
Justice of the Peace Court.
The justice himself
is charged with keeping books and records.
[V.A.C.S., Art. 23831
4.6.2 Rule-mAking.
The Justice of the Peace Court
has no constitutional or statutory rule-making
authority.
Criminal procedure is governed by the
Code of Criminal Procedure, Arts. 45.01 et. .11.
Civil procedure is in accordance with the Texas
Rules of Civil Procedure.
The Supreme Court may
promulgate rules of administration.
[V.A.C.S., Art. 2328b; Administrative Director]
4.1.3 KUNICIPAL COURT.
Where terms exist, they are
determined by local ordinance.
[Administrative Director)
4.2.3 Organization.
Authorized by tatute, the
Municipal Court is established in cities, towns,
and villages of the state.
Metropolitan cities may
have more than one Municipal Court.
There are no
specialized dimisions of the court.
[V.A.C.S., Arts. 1194, 1194A, 1200. et. Lev]
4.3.3 Jurisdiction
a. The Municipal Court has original and exclu-
sive jurisdiction over ordinance violations (pri--
marily traffic offentes), and concurrent jurisdic-
tion with the Justice of the Peace Court in misde-
meanor ages resulting from violations of state
laws within the city limits, where punishment does
not exceed a $200 fine.
b. The Municipal Court has no appellate Juni.-
diction.
[V.A.C.S., Art. 1195]
4.4.3 Judges (163)
a. If the Municipal Court has more than one
judge, the local governing body may designate
presiding judge.
b. Qualifications for Municipal Court judges
vary according to municipal ordinances; however,
in the courts of record the judge must be a
licensed attorney.
c. Municipal Court judges may be appointed or
elected, as governed by municipal charter.
They
generally serve 2-year terms.
[V.A.C.S., Arts. 1194, 1196, 1197, 1198, 1200a
et. lei.; Administrative Director]
4.5.3-Administration
a. Administrative duties of
presiding judges
in multi-judge Municipal Courts are locally deter-
mined.
b. There are no provisions for administrators
for the Municipal Court. -Reference Section 5.2.b
(state-level administrator).
c. Clerks are selected by the city governing
body or, if provided by ordinance, the city secre-
tary serves as clerk.
Administrative responsi-
bilities are locally determined.
[V.A.C.S., Art. 1200]
4.6.3 Rule-making.
The Municipal Court has no con-
stitutional or statutory rule-making authority.
Procedure is specified by the Code of Criminal Pro-
cedure, Arts. 45.01 et. lei.
The Supreme Court may
promulgate rules of administration.
[V.A.C.S., Art. 2328b1
State-Level Administration
5.1 General adminimtrative authority.
The Supreme
Court is statutorily authorized to promulgate rules
of administration for the efficient administration
of justice in Texas.
When promulgating rules for
the administration of criminal justice, it must
eek the advice of the Court of Criminal Appeal,.
The SupremeTourt supervises and directs the Office
of Court Administration.
The Chief Justice has a
number of reeponsibilities relating to the assign-
ment of judges.
Reference Section 1.5.1.a.
[V.A.C.S., Art. 2328b]
5.2 Office of Court Administration
a. The Office of Court Administration
is
authorized by statute.
b. Administrative Director of the Courts
(1) The position of Administrative Director
of the Courts is authorized by law.
(2) go statutory qualifications are pre-
scribed for the position.
The qualifications are
determined by the Chief Justice.
The Administra-
tive Director is appointed by and serves at the
pleasure of the Supreme Court.
(3) The Administrative Director supervises
the operations of the Office of Court Administra-
tion and serves as Executive Director of the Texas
Judicial Council (reference Table 29:
Judicial
councils and conferenfes).
Under the direction and
supervision of the Ch,110 Justice, the Administra-
tive Director performs a number of duties, includ-
ing making recommendations regarding forms,
methods, and systems used in clerks' offices and
other offices serving the courts; examining dockets
and practices and procedures of the courts, and
E akins recommendations for the efficient adminis-
tration of justice; preparing and ubmitting budget
estimates of tate appropriations for the mainte-
nance and operation of the judicial system, and
studying and making recommendations on the expen-
diture of tate funds; and preparing an annual
report of the activities of his office tcrbe pub-
lished in the annual report of the Texas Judicial
Council.
439
4 Lo
Figure 2:
Texas state-level administrative office of the courts, 1980
State
Court
Administrator
,
Legal
Finance
Staff
Dots
Technical
Counsel
Director
Services
Processing
Services
Officer
Director
Director
.,
Legislative
Internal responsi-
Technical
- Sytees emalysis
- Statistics
liaison
bilities
assistance
- Programming
- Sesearch
- Legal assistance.
Payroll and
- Court systems
- Computer operations
Reeerde management
Internal and
personnel
analysis
- Technical assistance
external
- Account mainte-- Resource service
- Publications
General
nance
- Statistical analysis
administration
Budgeting
Develop system
- Purchasing
packages
Office manager
External responsi-
bilities
Technical assistance
- itudgets
Accounting system
implementation
- Personnel
Purchasing
4 7" rN
440
c. Office organization.
The Office of Court
Administration consists of 16 people:
7 profes-
sionals (including the Administrative Director) and
9 clerical personnel.
The professional staff pro-
vides support services in the following areas:
systems analysis, programming, computer operations,
forms development, and field representation; court
services; payroll, accounting, budgeting, and pur-
chasing; personnel systems and office management;
legislative, executive, public, and media informa-
tion, legislative liaison, and executive liaison;
and in planning and research activities, which
include statistical compilation, research, evalua-
tion, statistical analysis, legal services, and
legislative drafting.
[V.A.C.S., Art. 2328b; Administrative Director]
Quasi-Judicial Officers
6.1.1 COURT OF CRIMINAL APPEALS
6.2.1 Commissioner
a. The presiding judge of the Court of Criminal
Appeals, with the concurrence of a majority of the
judges of the court, may appoint a consenting
retired or active appellate or district judge to
sit as commissioner of the court.
b. In general, the commissioner aids and
assists the Court of Criminal Appeals in disposing
of the business before it and discharges such
duties as may be assigned by the court.
[V.A.C.S., Art. 1811e1
6.1.2 COURT OF CRIMINAL APPEALS
6.2.2 Commission
a. The Court of Criminal Appeals may appoint a
commission, composed of two attorneys with the same
qualifications as judges of the court, for a 2-year
term.
b. The commission is established for the aid
and assistance of the court and must cLischarge
duties as may be assigned.
[V.A.C.S., Art. 1811e1
Judicial Discipline
7.1 State Commission on Judicial Conduct.
The
commission consists of eleven members as follows:
two Courts of Civil Appeals justices, two District
Court judges, and one justice of the peace, chosen
by the Supreme Court with the advice and consent
of the Senate; 2 members of the state bar with 10
years of experience, chosen by the Board
of
Directors of the state bar; and four nonlawyer
citizens, chosen by the Governor with the advice
and consent of the Senate.
[Const., Art. V, SI-a]
7.2 Authorityand procedure for sanction.
Appel-
late and district judges may be removed for cause
by impeachment or address.
District judges may be
removed for cause by the Supreme Court upon the
complaint of 10 or more lawyers practicing in the
court held by such judge.
County officers includ-
ing county judges and justices of the peace may be
removed for cause by the judges of the District
Court.
Any justice or judge of any state or local
court in the state may be suspended,
removed, or
involuntarily retired from office for cause by the
Supreme Court upon recommendation of the State
Commission on Judicial Conduct.
The commission may
censure a judge for cause.
The commission receives
complaints and makes investigations as necessary.
After investigation, the commission may issue a
reprimand or institute formal proceedings concern-
ing censure, removal, or retirement of the judge;
or it may request the Supreme Court to appoint an
active or retired appellate or district judge as a
master to hear and take evidence and report his,
findings to the commission.
If the commission
finds good cause, it issues an order of public cen-
sure or recommends to the Supreme Court
the removal
or retirement of the judge.
The Supreme Court has
authority to take final action, unless a Supreme
Court justice is the judge in question, at which
time final decision will be determined by a tribu-
'nal of seven Courts of Civil Appeals justices
selected by lot.
[Const., Art. V. SS1-a, 24, Art. XV, SS1, 2,
6, 8; V.A.C.S., Art. 5966a1
45:i
r
11
rhos,*
allowed
by Supra**
Court.
Figure 1:
Utah court system, 1980
EMI= COURT
5 Justices
Jurisdiction:
- Imvinws final judgments of District Courts
equity cases on quastions of both law and fact;
law cases on question of law only.
- All appealed civil actions over $100.
- Direct review of some state administrative rulings.
- General review of lower court cages appealed to
District Court on constitutional issues only.
- Raviews Judgments of Juvenile Court on selected
basis.
DISTRICT COURT (7)
24 judges
DISTRICT COURT
Jurisdiction:
4
- Original jurisdiction in
all civil actions except
those heard in the
.
Family Court Division.
- Original jurisdiction
in all criminsf matters.
FAMILY COURT
Jurisdiction:
- Divorce and other
dokestic relations
COMES.
Appeals heard de novo.
Jury trials.
...-
JUVENILE COURTS (5)
judges
Jurisdiction:
- Jurisdiction over
adult isdemeanors
committed against
children.
- Exclusive Juris-
diction over
federal and state
setters, delinquency,
dependency, neglect
of juveiles under
the age of 1E.
- Juvenile traffic
cases.
CIRCUIT COURT (12)
33 judges
CIRCUIT COURT
SMALL CLAIMS
Jurisdiction:
COURT
- Civil actions
Jurisdiction:
under $5,000.
- Small claims
- Misdemeanors,
under $400.
Preliminary
hearings.
-
clusive
indiction
oveI munici-
pal 3Jdinsnce
vio a ions.
ltIndicates route of appeal.
(1 p 1,
A till
JUSTICE COURT (210)
170 judges
'JUSTICE COURT
SMALL CLAIMS
Jurisdiction:
COURT
- Civil actions
Jurisdiction.
under $750 ex-
- Swell claims
cluding real
property, tax.
or mall claims
under $400.
CAMS.
Class I and C
miademeanors
(fine less than
$300, sentence
less than 6
months).
442
OMEN/
11.
mom/
Court of
last
resort
Court of
general
jurisdiction
Courts of
limited
Jurisdiction
Court of Last Resort
UTAH
1.1 SUPREME COURT.
The court sits in Salt Lake
City and holds at least three terms of court
annually.
(Constitution, Article VIII, Section 41
1.2 Organization.
The Supreme Court does not sit
in panels, because the constitution requires that
a majority of the justices constituting the court
is necessary to form a quorum or render a decision.
(Const., Art. VIII, 121
1.3 Jurisdiction
a. The Supreme Court has original jurisdiction
to issue wrqs of mandamus, certiorari, prohibi-
tion, quo warranto, and habeas corpus.
b. The,Supreme Court has appellate jurisdiction
and the power to issue writs as necessary for the
exercise of that appellate jurisdiction.
(Const., Art. VIII, 141
1.4 Justices (5)
a. The justice with the shortest elected term
remaining to be served is designated Chief Justice
and serves the remainder of his term in this capa-
city.
b. Supreme Court justices must be at least 30
years old, must be active members of the bar and
in good standing, must be learned in the law, and
must have been residents of Utah for 5 years pre-
ceding selection.
c. Supreme Court justices are selected by the
Governor from a list of three nominees selected by
the Supreme Court Nominating Commission (reference
Table 12:
Characteristics of judicial nominating
commissions).
The justice servee until the next
general election, when it is necessary to run for
the judicial office if opposed, or run for reten-
tion if unopposed.
Justices in Utah serve 10-year
terms.
(Const., Art. VIII, 82; Utah Code Anno4ird
(hereinafter U.C.A.) Sections 20-1-7.1,
20-107.2, 78-21-1)
1.5 Administration
a. The Judicial Council (reference
Table 29:
Judicial councils and conferences) has general
administrative authority over all the adult trial
courts.
It exercises administration and supervi-
sion over these courts through the Chairman of the
Judicial Council (who is also the chief judge of
the District Court), the Administrator of the
Courts, presiding judges of the District and Cir-
cuit Courts, and trial court administrators." Ref-
erence Section 5.1 (Caneral administrative author-
ity).
The Chief Justice administers the Supreme
Court and supervises the staff.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The clerk is appointed 14 the Supreme Court
and serves at its pleasure.
There are no formal
provisions for assigning administrative duties to
443
.
The clerk has responsibilities as de-
termin
by the court.
(
st., Art..VIII, 614; Administrator of the
Cour s]
1.6 Rule-makin
.
The Supreme Court has the power
to prescribe rules for all courts of the state, and
no rules may supersede those of the Supreme Court.
Administrative policy is promulgated by the Judi-
cial Council.
Reference Table 29:
Judicial coun-
cils and conferences.
Every court is empowered to
make rules, not inconsistent with law, for its own
government.
(U.C.A. 6178-2-4, 78-3-21(3), 78-7-61
Intermediate Appellate Court
2.0 There is no intermediate appellate court in
Utah.
Court of General Jurisdiction
3.1 DISTRICT COURT.
The District Court is always
open for the transaction of business.
178-3-8)
3.2 Organization.
The District Court sits at the
county seat of each county.
The state is divided
into seven judicial districts with at least one
District Court judge per district. A Family Court
Division of the District Court is optional within
each district.
In addition, the District Court may
have separate divisions, such as criminal, civil,
and probate.
(Const., Art. VIII, 65; Administrator of the
Courts)
3.3 Jurisdiction
a. The District Court has original
jurisdiction
in all criminal and civil matters not excepted
by
constitution or law.
It also exercises supervisory
control over all courts of limited jurisdiction and
is empowered to issue writs as necessary to effect
all orders.
Domestic relations cases are heard in the
Family Court Division in those District Courts
which have that separate division.
b. The District Court has appellate jurisdic-
tidh over all appeals from courts of limited juris-
diction.
Appeals from the Juvenile Court are taken
to the District Court unless a direct appeal to the
Supreme Court is allowedP
(Const., Art. VIII, 67; U.C.A. 678-3-91
3.4 Judges (24).
The number of judges in the Dis-
trict Court is specified by statute and ranges from
1 to 11 per district.
a. The chairman of the Judicial Council
(refer-
ence Table 29:
Judicial councils and conferences)
is also chief judge over all the districts of the
District Court.
He is elected by the judges of
those courts.
In multi-judge districts, the judges
of the district select a presiding judge.
4 G1
b. District Court judges must be at least 25
years old, must be active members of the state bar,
must have been residents of the state for 3 years
prior to selection, and must be residents of the
districts in which they serlie.
c. District Court judges are appointed to fill
vacancies by the Governor from a list of three
nominees selected by the District Court Nominating
Commission (reference Table 12:
Characteristics
of judicial nominating commissions).
They serve
until the next general election, when it is neces-
sary to run for the judicial office if opposed, or
run for retention if unopposed.
District Court
judges serve 6-year terms.
(Const., Art. VIII, 15; U.C.A. 17-3-22,
20-1-7.7, 67-8-4; Rules of Practice in the
District Courts in the State of Utah, Rule 1.21
3.5 Administration
a. The chief judge over all the districts of
the District Court (chairman of the Judicial Coun-
cil) has general administrative authority over the
District Courts as well as all trial courts of the
state.
The chief judge has the authority to ensure
adherence to law and rules and forms adopted by the
Judicial Council (reference Table 29:
Judicial
councils and conferences), to promote the proper
and efficient functioning of the courts, and to
issue orders as necessary to establish uniform ad-
ministrative practice ind procedure.
The duties
of the presiding judges of the seven judicial dis-
tricts are not specifically articulated.
b. There is no provision for an administrator
over all the districts of the District Court.
In
each of the seven judicial districts, the position
of trial court executive has been established.
c, The couniy c-lecits-tre the- -ex officio clerks
of the District Court.
There are no formal provi-
sions for assigning administrative duties to the
clerks.
They have responsibilities as determined
by their respective courts.
(Const., Art. VII, 17; Const., Art. VIII, 114;
U.C.A. 1117-20-1, 78-3-22; Administrator of the
Courts)
3.6 Rule-making.
Reference Section 1.6.
Courts of Limited or Special Jurisdiction
4.1.1 CIRCUIT COURT.
The Circuit Court holds four
terms of court annually.
(Administrator of the Courts)
4.2.1 Organization.
The state is divided into 12
circuits.
The Municipal Department of the Circuit
Court replaces the former City Court.
The Small
Claims Court is a division of the Circuit Court.
(U.C.A. 1178-4-6, 78-4-91
4.3.1 Jurisdiction
a. The Circuit Court may exercise criminal
jurisdiction tn violations of municipal ordinances
and in all misdemeanors.
The Circuit Court has
civil jurisdiction in actions where the monetary
amount in dispute does not exceed $5,000.
This
jurisdiction is concurrent with the Justice Court
where the sum claimed does not exceed $750.
The Small Claims Court Division has juris-
diction over cases involving a monetary amount of
$400 or less.
b. The Circuit Court has no appellate jurisdic-
tion.
(U.C.A. 1178-4-7, 78-4-7(2), 78-4-8, 78-6-111
4.4.1 Judges (33)
a. In circuits that have more than one judge,
a presiding judge is elected by the judges of the
court.
b. Circuit Court judges must be at least 25
years old, must be active members of the Utah Ear,
must have been residents of the state for at least
3 years, and must be residents of their circuits.
c. Circuit Court judges are appointed to fill
vacancies by the Governor from a list of qualified
nominees selected by the appropriate Circuit Court
Nominating Commission (reference Table 12:
Char-
acteristics of judicial nominating commissions).
They serve until the next general election, when
it is necessary to run for the judicial office if
opposed, or run for retention ifunopposed.
Cir-
cuit Court judges serve for 6-year terms.
(U.C.A. 1120-1-7.2, 20-1-7.7, 78-4-13,
78-4-13(2), 78-4-271
4.5.1 Administration
a. The presiding judge controls caseload man-
agement, superintends the preparation of a court
calendar, presides over meetings of Circuit Court
judges, initiates administrative policy for the
court, and supervises the work of the trial court
executive, whom he may appoint where authorized.
b. The position of trial court executive is
authorized in circuits with sufficient workload to
warrant an administrator.
The trial court execdtive is in charge of all
administrative services for the Circuit Court at
the trial level.
The duties of the executive
include:
(1) Administration of all staff services.
(2) Personnel, financial, and records admin-
istration subject to standards set by the Judicial
Council.
(3) Liaison with the bar, news media, and
public.
(4) Management of facilities and equipment.
(5) Reporting to the State Court Administra-
tor concerning operations of the court.
c. Clerks hold statutorily-authorized offices
and are appointed by the presiding judges (or the
single judge in a 1-judge circuit) of the Circuit
Court.
In multiple clerk courts, the senior clerk
has supervisory duties.
Where the position of
executive is established, this person also serves
as clerk.
There are no formal provisions for
assigning administrative duties to the clerk.
The
clerks have responsibilities as determined by their
respective courts.
(U.C.A. 1178-4-25, 78-4-25(c), 78-4-27,
78-4-28(1); Administrator of the Courts)
4.6.1 Rule-making.
Reference Section 1.6.
4.1.2 JUSTICE COURT.
The Justice Court sits in
continuous ssss ion.
(Administrator of the Courts)
4.2.2 Organization.
The geographical limits of the
jurisdiction of the justices of the peace are the
boundaries of the county, city, or town for which
they are elected or appointed.
Territorial juris-
diction is restricted to county boundaries in crim-
inal matters.
Any municipality not having a Muni-
cipal Department of the Circuit Court may appoint
a justice of the peace.
The Small Claims Court is a division of the
Justice Court AS well as of the Circuit Court.
(U.C.A. 1110-6-74, 78-5-1; Annual Report, p.
761
4.3.2 Jurisdiction
e
a. The Justice Court has criminal jurisdiction
in class 15 and C misdemeanors punishable by a fine
less than $300 or by unprisonment not exceeding 6
months.
The Justice Court.has civil jurisdiction
within the respective localities in actions where
i4
zi '0
damages or remedies do not exceed $750.
Small claims jurisdiction in the Small Claims
Court diviswn is limited to $400.
b. The Justice Court has no appellate jurisdic-
tion.
(U.C.A. 1178-5-2, 78-5-4(a), 78-6-11
4.4.2 Judges (170)
a. The Justice Court does not have presiding
judges.
b. Justices of the peace must be qualified
voters oi the localities in which their courts are
situated.
c. Justices of the peace are elected in parti-
san elections in county precincts.
In cities and
towns justices of the peace are appointed by the
mayors, with the approval of the local governing
body.
Any municipality that does not have a Mu-
nicipal Department of the Circuit Court may appoint
a justice of the peace.
Justices for county pre-
cincts, cities, and towns serve 4-year terms.
(U.C.A. 1110-6-30, 10-6-32, 10-6-74,
10-6-74(1), 17-6-6, 17-16-5, 20-3-4, 20-12-1,
75-5-1; Administrator of the Courts]
4.5.2 Administration
a. There are no provisions for presiding judges
for the Justice Court.
b. There are no provisions for administrators
for the Justice Court.
Reference Section 5.2.b.
(state-level administrator).
c. There are no provisions for clerks for the
Justice Court.
4.6.2 Rule-making.
Reference Section 1.6.
4.1.3 JUVENILE COURT.
The Juvenile Court sits in
continuous session.
(State Court Administrator!
4.2.3 Organization. 'The state is divided into five
Juvenile Court districts.
There are no specific
provisions for court location.
There are no spe-
cialized divisions of the court.
(U.C.A. 155-10-661
4.3.3 Jurisdiction
a._The Juvenile Court has exclusive original
jurisdiction over matters involving any child who
has violated any federal, state, or local law
before becoming 18 years old; any child who is
neglected or dependent; and any child who is beyond
control of guardians.
It also has the authority
to determine custody of any child; to terminate
legal parent-child relationships; to grant judicial
consent regarding marriage, employment, or enlist-
ment of a child; and to provide for the treatment
Of a mentally defective child.
b. The Juvenile Court has no appellate juris-
diction.
(U.C.A. 155-10-77]
4.4.3 Jud es (9)
a. The presiding judge over all the districts
of the Juvenile Court is elected by the Board of
Juvenile Court Judges (made up of all the Juvenile
Court judges) for a 1-year term.
The districts of
the Juvenile Court do not have presiding judges.
b. Juvenile Court judges must be members of the
Utah State tar and are chosen on the basis of abil-
ity, judicial temperament, special aptitude for
Juvenile Court work, and experience with juveniles.
c. Juvenile Court judges are appointed by the
Governor from a list of two or ore candidates nom-
inated by the Juvenile Court Commission (reference
Table 12:
Characteristics of judicial nominating
commissions) and serve 6-year terms.
1155-10-70, 55-10-71)
445
4.5.3 Administration
a. The presiding judge over the five districts
of the Juvenile Court has general supervision over
the Juvenile Court to ensure uniform adherence to
law and to the rules and forms adopted by the Board
of Juvenile Court Judges, and to promote the effi-
cient functioning of the Juvenile Court subject to
the supervisory powers of the Supreme Court.
The
presiding judge, with the approval of the Board of
Juvenile Court Judges, appoints the administrator
for the Juvenile Courts.
There are no provisions
for presiding judges for the Juvenile Court dis-
tricts.
k. The administrator over all the districts of
the Juvenile Court is appointed by the presiding
judge, subject to the approval of the Board of
Juvenile Court Judges, and performs duties as
assigned.
There are no provisions for administra-
tors for the Juvenile Court districts.
c. Clerks of the court are appointed by the
judges of the court in those districts where the
volume is sufficient to warrant a clerk.
There are
no formal provisions for assigning administrative
duties to the clerk.
The clerks have responsibili-
ties as determined by their respective courts.
(U.C.A. 1155-10-71, 55-10-72, 55-10-731
4.6.3 Rule-makin&.
Reference Section 1.6.
The
Board of Juvenile Court Judges establishes general
policy for the operation of the Juvenile Court and
formulates uniform rules and forms governing prac-
tice and procedure in the court.
The Juvenile
Court is subject to the supervisory powers of the
Supreme Court.
(U.C.A. 155-110-71]
State-Level Administration
5.1 General administrative authority.
General
administrative authority for the trial courts
throughout the state is granted to the Judicial
Council (reference Table 29:
Judicial councils and
conferences).
Reference Section 1.5.a.
(U.C.A. 178-3-21 (3))
5.2 Office of the Court Administrator
a. The Office of the Court Administrator is
established by statute.
b. Administrator of the Courts
(1) The position of Administrator of the
Courts is established by statute.
(2) The Administrator of the Courts is se-
lected on the basis of professional ability and
experience in public administration.
He must have
an understanding of court procedure as well as the
nature and significance of other court services.
The Administrator is appointed by the Supreme
Court and serves at the pleasure of the Supreme
Court and/or the Judicial Council.
(3) Under the general supervision of the
chief judge of the District Court and within policy
guidelines established by the Judicial Council, the
Administrator performs the following duties:
(a)
Organization, administration, and
supervision of all nonjudicial activitiea and non-
judicial officers.
(b)
Implementation of standards and
policies established by the Judicial Council.
(c)
Formulation and administration of
a system of personnel administration, including
training programs.
(d)
Preparation and administration of
District Court budget and fiscal activities.
He
assists the Circuit and Justice Courts in budgetary
procedures.
,1
%J..)
Figur* 2:
Utah state-level administrative office of the cqurts, 1980
\
i
State
Court
Administrator
- Liaison with elected
officials
Media relations
Deputy
Court
Administrator
- Court operational responsibility
- Continuing education and conferences
- Legislative liaison
- Legislative drafting
Assistant
Court
Administrator
- Judicial planning supervision
- Fi cal control supervision
State judicial information system
- P. sonnel administration
Fa fifties and equipment management
_I_
Court Planner
end Fiscal
Analyst
Judicial planning
- Budget and finance
Federal grants support
EEO office liaison
Education and seminar
meetings
I
446
Office
Manager
Office uanagement
Inventory, purchasing,
and procuremedt
- Payroll supervlaion
Personnel processing
- Internal library
Judicial and nonjudicial
travel
1
we
(e)
General administrative functions
as assigned by the chief judge or the Judicial
Council.
(f)
Liaison with the administrator of
the Juvenile Court, and with governmental and pri-
vat groups having an interest in the administra-
tion of the courts.
c. Office organization.
.The Office of the
Court Administrator consists of seven people:
four
professionals (including the Administrator of the
Courts) and three clertcal personnel.
The staff
provides support services in the following areas:
information eystems, coukt upport ervice.; fi-
nance and budget activities; education and train-
14; personnel, public informaton and liaison
activities, and planning and research activities.
(U.S.C. 178-3-19 to 178-3-26; State Court
Administrators, p. 105; Administrator of the
Courts]
Quasi-Judicial Officers
6.1 JUVENILE COURT
6.2 Referee
a. Juvenile Court re/erees must be graduates
of accredited law schools and are appointed by, and
serve at the pleasure of the judges of the court.
447
0
b. Juvenile Court referees may hear any case
in the court's jurisdiction in the first instance,
and report all findings and recommendations to the
court.
(U.C.A. 155-10-751
Judicial Discipline
J
7.1 Commission on Judicial Qualifications.
The
commission consists of the following:
two members
of the Nouse Judiciary Committee, appointed by the
speaker of the Nouse of Representatives for 2-year
terms; two members of the Senate Judiciary Commit-
tee, appointed by the president of the Senate for
2-year terms; and three members of the Board of
Commissioners of the Utah State Bar, appointed by
the board for 4-year terms.
(U.C.A. 149-7-8(a)1
7.2 Authority and procedure for sanction.
The Com-
mission on Judicial Qualifications conducts inves-
tigations of judicial misconduct and orders hear-
ings concerning retirement or removal of a judge.
Recommendations are made to the Supreme Court
regarding removal, suspension, censure, or retire-
ment of a justice or judge.
The Supreme Court
reviews the record of proceedings and makes the
final determination.
[U.C.A. 149-7-8(e)]
I'I
Figure 1:
Vermont court system, 1980
SUPREME COURT
5 judges
Jurisdiction.
Final appellate jurisdiction in all
civil and criminal case..
DISTRICT COURT. (lb)
14 judges
Jurisdiction
'
- Civil actions under 55,000 (except
title to real estate), mull claims
undei S500, mental health matters,
- and URESA cam.
- Crim4nal case, with penalty lass
thsp life imprisonment.
Traffic matters.
- Exclusive jurisdiction in juvenile
matters.
Jury trials.
,
SUPERIOR COURT (14)
10 judges, 2R assistant judges
Jurisdiction.
Original and excluaive jurisdiction over
civil' actions over 5200, title to real
eetall*,, and domestic relations istters,
,excAft those made cognizable to the
. Distr4ct Court.
- Original jurisdiction ove- criminal
matters (mostly felony),
Appeals de novo from Probate Court.
Jurv trials.
Quenelons
I
PROAATF COURT (19)
19 judges
Jurisdiction
Exchlsive probate, guardianship,
and adoption jurisdiction.
itIndicates route of appeal.
w
The District Court was created As a court of limited jurisdiction,. hut has steadily increased
'
Its scope to include almost all criminal business except for homicides and cases where the sentence
be 'rife imprisonment.
.4)
4r
Court of
last
resort
Court of
general
jurisdiction
Courts of
limited
jurisdictLon
VERMONT
/
Court of Last Resort
1.1 SUPREME COURT.
General terms are held in
Montpelier on the first Tuesday in vebruary, April,
June, October, and December of each year.
Special
7
terse may also be held at such other times and
places asthe justices may appoint.
[4 Vermont Statutes Annotated (hereinafter
V.S.A.) Section 81
1.2 Organization.
The Supreme Court does not sit
in panels or divisions.
1.3 Jurisdiction
a. The Supreme Court may issue necessary writs
in aid of its appellaMe jurisdiction.
-b. The Supreme court sxerciies.appeltate juris-
diction in,all cases, criminal snd,civil.
[Constitution, Chapter II, Secfion 30; 4 V.S.A.
112, 30]
-1.4 'Jusficet (5)
a. The Chief Justice .s apiointed by the
ernoe, with the,advice and consent of the Senate,
from a list of nominees certified by the Judicial,
_Nominating Board (reference Table 12:
Characteris-
tics of judicial nominating commissions).
There is
no requirement that the.nominees be assaciate jus-
tices of the court.
He serves his full term in
this role.
b. A Supreme Court justice must have been an
attorney engaged in the practice of law or a judge
in Vermont for at least 5 Out of the 10 years pre-
eeding appointment.
c. The Governor, with the a4vice and consent
of the _Senate, fills vacancies in the offices of
Supreme Court juseices and Superior and District
Court judges from a list of nominees certified by
the Judicial Nottinating Board.
Justices serve 6-
year terms.
If a justice wishes to succeed him-
self, he must file a declaration to be submitted
to the members of the General Assembly for a vote
on his retention:
If the majority votes to retain
him in office, he may remain for another term.' If
the majority votes against his retention, the
office is vacant upon expiration of his term.
[Const., Ch. II, 5532, 34; 4 V.S.A. 554, 5,
601, 602, 603]
1.5 Admieietration
a. The Supreme Court has administrative control
over all the courts of the state.
The Chief Jus-
tice h.
the power of generel supervision.
He ex-t
erciso0OndmAnistration and supervision over the
entire
dart system through the.State Court Admin-
istrato
grid the admimistrative judge for trial
courts.
Reference Secti)n 5.1 (General adminis-
trative authority).
Ilce Chief Justice may also
appoint retired justices and judges to special as-
signment als permitted under the rules uf the Su-
is'
proma Cow.
b. Reference Section 1.
.b
state-level admin-
istrator).
449
c. The State Court Administrator (reference
Section 5.2.b) serves as clerk of the Supreme
Court.
He is responsible for the following duties:
depositing briefs and other papers required to be
filed with him in the state library; administering
oaths; maintaining dockets and other required
records and papers; receiving orders of recommen-
dations and appeals from orders from the Jddicial
Responsibility Board; receiving nominations and
ballots for election n1 three bar representatives
to the Judicial Nominating Board; issbing sub- .-
poenas; and sending copies of Stipreme%Court orders
of disbarment or suspension to the clerk of every
court in the state and tnthe highest appellate
court in any other state in which the respondent
attorney is Omitted to practice.
[ConstA C. II, 135j 4 V.S:A. 1122, 651; State
Court Administrator]
1.6 Rule-making.
The Supreme Court makes and pro-
mulgates rules governing practice and procedure in
criminal and civil cases in all courts, tt4es
governing the admission and discipline of aftor=
neys, rules pertaining to the discipline of judges,
and ruleit governing the administration of all
courts.
Some rules adopted by the Supreme Court
may be revised by fhe General Assembly.
[Const., Ch.
Itt,
537]
Intermediate Appellate Court
2.0 There is no intermediate appellate "ourt in
Vermont.
Court of General Jurisdiction
3.1 SUPERIOR COURT.
The court terms are set by
administrative order of the Supreme Court.
The
Superior Court judges, as a group, recommend the
schedule of terms to the Supreme Court for
promulgation.
[4 V.S.A. 1115; A Unified Court System for
Vermont, p. 12]
3.2 Organization.
A Superior Court Sits in each
county.
A typical court consists of three judges:
one superior judee who presides, and two assistant
judges.
There are no spetialized divisions of the
court.
[4 V.S.A. 1111]
3.3 Jurisdiction
a. The Superior Coilrt has original jurisdiction
in prosecutiOns for criminal offenses within its
respective counties and may impose sentence accord-
ing to law.
The Superior Court has original an&
exclusive jurisdiction in all civil actions in
which theamount in controversy is greater than
$200, except those made sognizable to the District
Court or the Supreme Court, and in all petitions
brought before it.
The court may issue necessary
writs.
The court may also try cases originating
in the Probate Court on a de novo basis.
b. The Superior Court has sPPellate juris-
diction over some probate, zoning, and tex matters.
14 V.S.A. 11113, 114; 12 V.S.A. 12553; State
Court Administrator]
3.4 Judges (10 judges, 28 assistant judges)
a. The Supreme Court designates one of the
uperior or district judges to serve as administra-
tive judge for trial courts.
The administrative
judge serves at the pleasure of the Supreme Court.
The statutes provide for 9 superior judges who
preside on a rotating basis in the 14 counties.
There are no presiding judges, however,
who per-
form administrative duties for the counties.
b. Superior judges must meet the same qualifi-
cations as Supreme Court justices.
Reference Sec--
tion 1.4.b.
Assistant judges' qualifications are
not set by statute.
c. Superior judges are selected in the same
manner and for the same term as Supreme Court jus-
tices,
Reference Section 1.4.c.
tii.ant judges
are chOsen by the voters of the c unties at parti-
san elections.
They serve 4-year terms.
'
1Const., Ch. II, 150; 4 V.S.
.
1 J7le, Illa;
State Court Administrator]
3.3 Administration
a.- ,The administrative judge-ever all the trial
coats is assigned the following responsibilities
for"ihe adidnistration of the trial court system
of Vermorit, unAer the direction of the Supreme
Court:,
A) AgoSgn and specially assign district and
superior judges, including himself, in either the
Superior or District Courts.
(2).Assign attorneys, as required, to sit
as acting judges in the District COurt.,
(3) With the approval of.the Chief Justice,
Assign retired,justices and judges with their con-
sent to the District and Superior Courts.
(4) Schedule business meetings of the dis-
trict and superior judges for the pirpOse of work-
ing toward more uniform and improved procedures in
the trist courts.
'(5) Investigate or cause to be investigated
complaints with respect to the management and
.
operation.of the trial courts and periodically
report to the Supreme Court the results th*reof.
(Cf. 12 V.S.A. Appeodix
I, Fart 19, rklating to
complaints of judicial misconduct.)
(6) Resolve conflicting appointments of
trial attorneys when necessary.
?7) Report to the Supreme Court at the April
and October terms on his recommendations for
'
revised or additional rules, orders, or'ttatutes
needed to improve the operation of the trial
(8) Report to the.Supreme Court nojater
than the opening of the October term, 14$T, his
recommendations for the implementatibn of function-
al dockets or divisions in the trial courts lo
expedite proceedings.
-,,
(9) In conjunCtiOn with the court adminiv-
trator, the administrative fudge performs the fol-
lowing duties;
(a) SChedules business meetings of the
Distriet Court clerks and Superior Court clerks for
the purpose of working toward more Uniform and
improved procedures in the trial courts;
(b) Assumes general Administrative con-
trol of iocketing, calendaring, scheduling, and
,csseflow management in 'the District and Superior
Courts;
(c) AstIsts in the design of forms, end
thP tablishment of uniform procedures for each
.
-
450
trial court, and ensOre that forms and procedures
adopted are uniformly used;
(d) Deaigna statistical reports as
needd to provide information on workload and on
sources and causes of delay; allocate available
judicial and clerical resources among the trial
courts to best provide service and reduce delay;
and,
(e) Fulfills other administrative duties
assigned from time to time by the Chief Justice.
The nine superior judges "preside' or
hold court in the 14 counties, but they have no ad-
ministrative duties.
b. A division of Trial Court Administration
within the Office of the Court Administrator pro-
vides administrative support to the Superior Court
and District Court under the direction of the
administrative judge.
c. County clerks are the clerks for the Supe-
rior Court.
Administrative duties are prescribed
in some rules and statutes, in a.clerk's manual,
and in administrative directives of the Supreme
Court and of the State Court Administrator.
The
clerk has supervisory responsibility for one to
seven employees in performing their administrative
duties.
[PAA V.S.A. 1651; Superior Court Administrative
Order (hereinafter A.0.) 818, 14a; Director of
Planning and Development; State Court Adminis-
trator]
3.6 Rule-making.
Reference iection 1.6.
Courts of Limited or Special Jurisdiction
4.1.1 DISTRICT COURT.
The court holds sessions as
often as the Court Administrator determines to be
necessSry.
[4 V.S.A. 1436],
4.2.1 Organization.
The Supreme Court is autho-
rized to organize the District Court into territo-
rial units.
The court has been divided intubsix
multi-county units, each of which contains efrcuits
equal to the number of counties within the unit.
Special unit% hold sessions in the towns of Water-
bury and Arandon.
[4 V.S.A. 11436, 436a, 436b; A Unified Court
System for Vermont, p. 12]
,4.3.1 Jurisdiction
al. The District Court has criminal jurisdiction
in_felonies,where the maximum penalty is less than
lite impriiionment: in misdemeanors, and in viola-
riOns oelouniciparordinAnces.
The court has
jurisdiceibn in civil 0Ctions where fhe demand is
ft& over'i5-011D0 amdl,title to real estate11 not
invollred.
1'he!Dietrict Court aft() hes jUrisdict,ion
over juvenile matter*, twin claims (pdt to exceed
.$500), traffic cases,:merilel helith'mstter,,and*f
Uniform Reciprocal Enforcement ofSupport...Act
(U.R.E.S.A.) cases.
There cs a ipeciaLunit of the-
Diitricf,Court that hOlds iessiona,in.Oletown of
Waterbury for the sole purpose Ot'exertising menial
health jurisdiction:
Another special Unit hoIls.:
4!'
sessions in the town of,brandon, for the sole purr
pose of exerCising jurisdiction over spplications,
for admisiions to, and for judicial review' con-
cerning persons admitted Co, the ArAndon Training
School, a" mental health tscility.
-
b. The District Court his no appellate juric="
diction.
[4 V.S.A. 11436a, 430, 437, 439, 441, 446]
4.4.1 Judges (14)
a. The Supredie Court designAtes one of the
superior or district judges to serve as administra-
a J
n
0,
4
P2'
tive judge for trial courts.
The administrative
judge serves at the pleasure of the Supreme Court.
b. District Court judges must meet the same
qualifications as Supreme Court justices.
Refer-
ence 1.4.b.
c. District Court judges are selected in the
me manner and for the same term as Supreme Court
justices.
Reference 1.4.c.
[4 V.S.A. 171e, 16031
4.5.1 Administration
a. Reference Section 3.5.a.
b. Reference Section 3.5.b.
c. District Court clerks may be appointed by
the State Court Administrator with the advice of
the, district judge concerned.
Administrative
duties assigned to the clerks are contained in a
clerk's manual and also in Administrative direc-
tives of the Supreme Court and the Office of the
State Court Administrator.
The clerk has super-
visory responsibility for one to seven employees
in performing their administrative duties.
[4 V.S.A. 1691; A.O. 18 14a-i; Director of
Planning and Development; State Court
Administrator]
4.6.1 Rule-makinL.
Reference Section 1.6.
4.1.2 PROBATE COURT.
The Probate Court is open at
all times for the transaction of business.
[4 V.S.A. 13531
4.2.2 Organization.
There are 19 Probate Courts
in Vermont:
9 counties each constitute Probate
Court districts themselves, and the 5 southern
counties are each divided into 2 districts.
There
are no specialized divisions of,the court.
[4 V.S.A. 1271, 1273 to 12771
4.3.2 Jurisdiction
a. The Probate Court has jurisdiction over the
probate of wills; the settlement of estates; the
appointment of guardians; and the powers, duties,
and rights of guardians and wards.
b. The Probate Court has no appellate jurisdic-
tion.
[4- V.S.A. 13111
4.4.2 Judges (19 part-time)
a. The Probate Court does not have a presiding
judge.
All judges serve on a part-time basis.
b. Probate Court judges are not required to be
attorneys by constitution or by statute; how-
ever, in practice, one-half of the judges are
attorneys.
c. Probate Court judges are elected in partisan
elections by the voters of their respective dis-
tricts.
They serve 4-year terms.
[Const., Ch. II, 115, 51; A Unified Court
System for Vermont, p. 16; State CoOrt
Administrator]
4.5.2 Administration
a. There are no provisions for presiding judges
for the Probate Court.
b. There are no provisions for administrators
for the Probate Court.
Reference Section 5.2.b
(state-level administrator).
c: The registers of probate, who are appointed
,by the 3robate judges, perform the duties of clerks
of the court.
There are no provisions for assign-
ing idmihistrative duties TO the registers.
[4 VA1.A. '1357, 35,1
g.6.2 Rule-maki4. 'Reference Section 1.6.
Itarv4.ivelldministrntion
f-
5.1 genera4 admiRistratkre authority.
The consofi-
r
tutkon právidea,that tfis Supreme Court sha/1 have
451'
administrative control over all courts of the
state, and disciplinary authority concerning all
judicial officers and attorneys.
The Chief
Justice may appoint retired justices and judges to
special assignment as permitted under the rules of
the Supreme Court.
Reference Section 1.5.
[donst., Ch. II, 1130, 35; 4 V.S.A. 1221
5.2 Office of the Court Administrator
a. The Office of the Court Administrator is
authorized by Administrative Order No. 3.
b. State Court Administrator
(1) Thejosition of State Court Administra-
tor is authorized by 4 V.S.A. 121.
(2) The State Court Administrator must have
a law degree and must be admitted to the Vermont
Bar.
He is selected by and serves at the pleasure
of the Supreme Court.
(3) The State Court Administrator's duties
are prescribed by the Supreme Court.
He is respon-
sible for the budget and fiscal operation of the
courts, including processing for paymentlpf bills,
invoices, statements, and expense accounts; prepa-
ration of all personneItactions; the processing
for payment of debentures of assigned counsel; and
the processierof requisitions for forms,.supplies,
office equipment, and fur iture.
He is authorized
to employ the necessary perteQnel and fix their
compensation.
He also exercisb..zneral adminis-
trative control of court reporter services in the
trial courts.
The adminiitrator assigns judges in
the event of emergencies or illness and he exer-
cises approval power over the original appointment
of District Court clerks, assistant c.lerks, and
stenographic reporters.
c. Office organization.
The State Court Ad-
ministrator appoints the staff, which includes the
director of administrative services, the director
of trial court administration, the deputy clerk of
the Supreme Court, a fiscal officer, and secre-
tarial support.
The Office of the Court Adminis-
trator consists of 13 people:
7 professionals
(including the State Court Administrator) and 6
clerical perionnel.
The professional staff pro-
vides support services in the following areas:
computer operations, records management, and forms
development; trial court administration, court
coordination, and facilities management; payroll,
accounting, auditing, budgeting, purchasing, end
grants management; education, training, and publi-
cations; personnel,systems; legislative, executive,
public, and media information, legislative and
executive liaison; and planning and research
activities, which include statistical compilation,
judicial planning, evaluation, and statistical
analysis.
[4 V.S.A. k$21, 74, 357, 444, 6;1; A.O. 3, 19;
,State _Court Administrator]
Quasi-Judicial Officers
6.0 There are no prOVisions for quasi-judicial
officers in the cotirts of Vermont.
Judicial Discipline
,
7.1 TWeJudicial Disciplinary Board.
The board,
establiehed by 4rpreme'Court rule, consists of
three attorneys and two lay citizens, appointed by,.
fbe Supreme Court.
-
[Rules of the Supreme Court fdi Didciplinary
Control, Rule 4 (hereinafter cited by rule
number only))
7.2 Authority and procedure for sanction.
The
boiird investigates any compliant submitted to it
Figure 2:
Vrmont state-level administrative office of the courts, 1980
Secrstarial
Assistance
State
Court
Administrator
Gcretry
Director
Administrative
Services
1.
a.,
t
Msistant
Director
Administrative
Services
Court
Account
ClmiE
Assistant
Court
Account
Cleric
A.
11=
Auditor-
Records
Click
Director of
Trial Court
.Adstinistration
Assistant
Tri1 Court
Administrator
ti
452_
.11
Secretarial
Assistance
and may investigate conduct or disability on its
own motion.
All matters before the board prior to
the filing of a formal charge are confidential.
After the service of a formal charge upon the re-
spondent, the proceedings are public.
Any action,
proceeding, or recommendation of the board must be
concurred in by three members to be valid.
If a preliminary investigation reveals to the
satisfaction of the majority of the board that
probable cause exists for a formal charge, it
orders a formal complaint to be filed and the mat-
ter is brought to a hearing.
The respondent may
file an answer to the charges and has a right to
appear personally and by attorney and to answer
,
453
the charge; to present evidence in his defense; to
examine and cross-examine witnesses; to secure
subpoenas; to secure the appointment of a guardian
ad litem when indicated; and to secure a transcript
of the evidence, findings, conclusions, and recom-
mendations.
The board issues its final order of recommenda-
tion to the Supreme Court.
The Supreme Court
reviews all final orders and may take any action
or impose any sanction consistent with its consti-
tutional and statutory authority.
The respondent
may appeal to the Supreme Court from the final
order of recommendation of the board.
[Rules 6, 7, 8, 9, 11, 121
c
+c
,
11
Figure 1:
Virginia court system, 1980
summe COURT
7 justices
Jurisdiction.
- Originel )urisdiction in cases of hebees
corpus, mandamus, and prohibition.
Netters
of judicial censure, retirement, and removal.
- Final appellate jurisdiction.
CIRCUIT COURT (71)
lll judges
Jurisdiction'
Civil actions over $1,000.
Cases in which the state
is
party (in the citv of Richmond).
- Criminal cases for which person can be sentenced to
the state penitentiary.
- Juvenile matters where juvenile is deemed to be en
adult (murder and manslaughter).
Appeals de noyo.
Jury trialm.
JUVENILE AND DOMESTIC RELATIONS
DISTRICT COURT (32)
65 judges
Jurisdiction-
Juvenile and domestic felations
matters.
Mental commdtment of
children.
ItIndicates rqute of appeal.
GENERAL DISTRICT COURT (32)
98 judges
Jurisdiction
- Civil actions under 0,000, exclu-
sive if under $1,000.
- Misdemeanors, ordinance violations,
end preliminary hearings.
- Traffic cases.
No )urv trials.
454
011
Court of
last
mellort
Court of
general
jurisdiction
Courts of
liaited
jurisdiction
VIRGINIA
Court of Last Resort
1.1 SUPREME COURT.
The court sits in session in
Richmond, for such length of time as the court de-
termines necessary.
[Code of Virginia, 1950 (hereinafter Code
1950), Section 17-99; Court Rule 5:2]
1.2 Organization.
The court may sit and render
final judgment en banc or in divisions as may be
prescribed by law.
No decision becomes the judg-
ment of the court, however, except on the concur-
rence of at least three justices, and no law is
declared unconstitutional under either the state
constitution or the Constitution of the United
States except on the concurrence of at least a
majority of all justftes of the Supreme Court.
Whenever four or more of the justices are convened,
the court is deemed to be sitting en banc and
vested with all the powers of the court.
Whenever
three of the justices are convened, the court is
deemed to be sitting as a division, and vested with
all the powers of a division of the court.
[Constitution, Article VI, Section 2; Court
Rule 5:3]
1.3 Jurisdiction
a. The Supreme Court has, by virtue of the
state constitution, original jurisdiction in cases
of habeas corpus, mandamus, and prohibition, and
in matters of judicial censure, retirement, and
removal.
b. Subject to such reasonable rules as may be
prescribed as to the course of appeals and other
procedural matters, the Supreme Court has, by vir-
tue of the state constitution, appellate jurisdic-
tion in cases involving the constitutionality of a
law under the state constitution or the Constitu-
tion of the United States and in cases involving
the life or liberty of any person.
Direct appeal
to the Supreme Court is also permitted in cases in-
volving the final order, judgment, or finding o
the State Corporation Commission and/or the Indu
trial Commission.
(Const., Art. VI, 111, 10; Code 1950, 118
6
65.1-98]
1.4 Justices (7).
The Supreme Court consists of
between 7 and 11 justices.
Any increase over seven
justices must be approved by three-fifths of the
mislabels of the General Assembly.
a. The Chief Justice is the justice with the
longest continuous service.
b. Supreme Court justices must have been resi-
dent, of the commonwealth and members of the Vir-
ginia Bar for at least 5 years prior to appointment
or election.
c. Supreme Court justices are chosen by a ma-
jority vote of each house of the General Assembly.
When a vacancy occurs while the General Assembly
is not in session, the Governor may appoint( a suc-
cessor to serve until 30 days after the commence-
ment of the next session of the General Assembly.
Once elected, justices serve 12-year terms.
[Const., Art. VI, 112, 7; Code 1950, 117-93]
1.5 Administration
a. The Chief Justice is the administrative head
of the judicial system.
He exercises administra-
tion and supervisidn over the entire court system
through the Executive Secretary to the Supreme
Court, chief judges of the Circuit Court, the Com-
mittee of District Courts (made up of Chairmen of
the House and Senate Courts of Justice Committees,
two members from each of these committees, and one
judge each from the Circuit, General District, and
Juvenile and Domestic Relations (J.D.R.) District
Courts) and chief judges of the General and J.D.R.
District Courts.
Reference Section 5.1 (General
administrative authority).
The Chief Justice, how-
ever, has no specifically articulated duties in re-
gard to the administration of the Supreme Court.
b. The Executive Secretary to the Supreme Court
is the statutory state court administrator.
Refer-
ence Section 5.2.b (state-level administrator).
The Office of the Executive Secretary provides per-
sonnel and fiscal support services to the Supreme
Court and is the administrative component of the
court.
c.
The Supreme Court clerk is a statutory posi-
tion filled by Supreme Court appointment.
There
are no provisions for assigning administrative
duties to the clerk.
He supervises the clerical
personnel in his office and has responsibilities
as determined by the court.
[Const., Art. VI, 14; Code 1950, 1117-33, 17-
111.1; Executive Secretary]
1.6 Rule-making..
The Supreme Coust has the author-
ity to make rules governing the course of appeals
and the practice and procedures to be used in the
courts of the commonwealth, but such rules must
not be in conflict with the general law as estab-
lished by the General Assembly.
The Supreme Court
also makes administrative rules for the courts.
The General Assembly may adopt such additional
measures as it deems desirable for the improvement
of the administration of justice by the courts and
for the expediti9m of judicial business.
[Const., Art. VI, 114, 5; Executive Secretary]
IAkermediate Appellate Court
2.0 An intermediate appellate court does not exist
in the commonwealth.
If appropriate, the General
Assembly may establish such a court at any time.
[Const., Art. VI, 11]
Court of General Jurisdiction
3.1 CIRCUIT COURI6
The chief judge fixes the term
of each court in his circuit.
c,Code 1950, 117-127.21]
455
47 3
ift
3.2 Organisation.
The General Assembly has estab-
lished 31 judicial circuits.
The Judicial Circuit
of Richmond has been subdivided into two divisions
by statute.
Most metropolitan circuits have local-
ly established criminal and civil divisions.
[Code 1950, S117-116.1, 17-119.1:1]
3.3 Jurisdiction
a. The Circuit Court has
jurisdict on over
proceedings by quo warranto or informat.on in the
nature of quo warranto.
The court may lsue writs
of mandamus, prohibition, and certiorari
o all
courts of limited jurisdiction.
It may al o issue
writs of mandamus in all matters or proceedings
arising from or pertaining to the actions of the
Board of Supervisors or other governing body
of
any county.
It has original and general jurisdic-
tion in all cases in chancery and civil cases at
law, except cases at law to recover personal prop-
erty or money not of greater value than $1,000,
exclusive of interest, and except such cases as
are assigned to some other court;
in all cases for
the recovery of fees in excess of $1,000;
penalties
or cases involving the right to
levy and collect
toll or taxes or the validity of an
ordinance or
bylaw of any corporation; and in all cases, crim-
inal or civil, in which an appeal may be made to
the Supreme Court.
The court also has original
jurisdiction in all indictments for felonies and
in presentations, informations, and
indictments
for misdemeanors.
The Circuit Court has jurisdic-
tion in juvenile cases involving murder and man-
slaughter where the juvenile is certified by the
Juvenile Court as an adult.
b. The Circuit Court has appellate jurisdiction
over all cases, criminal and civil, in which an
appeal may, as provided by law, be taken from the
judgment of the special or limited jurisdiction
courts of the state.
[Code 1950, 117-123; Executive Secretary)
3.4 Judges (111).
The number of judges in each
circuit is set by the legislature based on the
recommendation of the Judicial Council (reference
Table 29:
Judicial councils and conferences).
a. There is no provision for a chief judge over
all the judicial circuits.
The chief ju4ges of the
individual circuits are elected to 2-year terms
by
peer Nip..
b. Circuit Court judges must be residents of
the commonwealth and of their respective
circuits
and must also have been membera of the bar for at
least 5 years prior to appointment or
election.
"c. Circuit Court judges are selected
in the
same manner as Supreme Court
justices.
Reference
Section 1.4..c.
They serve 8-year terms.
[Const., Art. VI, S7; Code 1950, 1117-116.2,
17-119.1:2]
3.5 Administration
a. Whereas there is no provision for a chief
judge over all the circuits of the Circuit Court,
the chief judges of the individual
circuits ensure
.that the system of justice in their respective cir-
cuits operates smoothly and efficiently.
They have
authority to assign the work of the
circuits to
judges, and in doing so they may consider the na-
Titre and categories of the cases to b!
assigned.
The chief judges fix the term of each court
in
their circuits.
They have full supervisory authbr-
ity over the magistrates in their circuits, unless
they delegate that authority to the chief judges
of the General District Court.
They also appoint
all regular, substitute, and special
magistrates
in the districts within their circuits.
They ap-
point the chief magistrate for each district and
if
distritt has more than one special magistrate,
they appoint a chief special magistrate.
b. The Executive Secretary of the Supreme
Court is the administrator of the Circuit Court
system.
He assists the chief judges in the per-
formance of their administrative duties.
He may
employ sbch staff and other assistants from state
funds appropriated to him for the purpose as may
be necessary to carry out his duties, and may
secure such office space as may be requisite,
to
be located in an appropriate place that he selects.
While not exercising management authority over the
Circuit Courts, the Executive Secretary provides
administrative assistance to the courts in the fol-
lowing areas:
assignment of judges, budgeting
(excluding clerk's office), statistics collection,
public relations, public information, education
programs, juror orientation, Circuit Court boundary
changes, legislative drafting, and others.
There
are no provisions for administrators for the indi-
vidual circuits.
o. Circuit Court clerk! are
constitutional
county officers, who are erected to 8-year terms
by the voters of the counties and cities.
There
are no formal provisions for
assigning administra-
tive duties to the clerk.
They supervise the cler-
ical personnel in their offices and have responsi-
bilities as determined by the court.
[Const., Art. VII, S4; Code 1950, SS17-116.2,
17-116.3, 17-127.21, 19.2-35, 19.2-36,
19.2-50, 19.2-51; Executive Secretary]
3.6 Rule-makinli.
The Supreme Court may formulate
rules of practice and procedure for the Circuit
Courts following consultation with the chairmen of
the House and Senate Courts of Justice
Committees
and the executive committee of the Judicial Con-
ference of Virginia for courts of record (reference
Table 26:
Judicial councils and conferences).
(Such rules, subject to the strict construction of
the provisions of Section 8-1.3, which are the only
rules of practice and procedure in the
Circuit
Court of the commonwealth, are Included in the Code
of Virginia as provided in S8-1.2,
subject to re-
vision by the General Assembly.)
Section 8-1.3 of
the code states that courts of record and courts
not of record may, from time to time,
prescribe
such rules as may be reasonably appropriate to pro-
mote proper order and decorum, the convenient and
efficient use of courthouses and clerks' offices,
and the orderly management of court dockets.
The
statute specifies further that rules so promulgated
apply only to that court and must not be inconsis-
tent with or in addition to any statutuy
provision or the Rules of the Supreme Court.
In
additioo, they,may not be contrary to decided
/gees or abzidge.the substantive rights,of peraons
peering before the court.
[Code 1950, S§ 8-1.3, 17-116.4]
456
Courts of Limited or Special Jurisdiction
4.1.1 GENERAL DISTRICT COURT.
The General District
Court sits in continuous session.
[Executive Secretary]
4.2.1 Organization.
By legislative act, the com-
monwealth is divided into 32 districts.
Court is
held at the county seats.
The holding of court
sessions at other locations in the counties is at
the discretion of the chief judges.
The chief
judges may also establish special divisions of any
General District Court when the work of the court
may be more efficiently handled thereby, such as
through the establishment of special Criminal,
Civil, or Traffic Divisions, and they may assign
the judges of the General District Court with re-
spect to serving uch special divisions.
(Code 1950, SS16.1-69.35, 16.1-69.61
4.3.1 Jurisdiction
a. The General District Court conducts pre-
liminary examinations in felony cases.
The ex-
clusive original jurisdiction of the court extends
to all misdemeanors and violations of.ordinances,
laws, and bylaws within the counties and of cities
and service districts located within the counties.
The General District Court exercises exclusive
civil jurisdiction in cases where the amount in
controversy does not exceed $1,000, and concurrent
jurisdiction with the Circuit Court when the amount
is between $1,000 and $5,000.
The court also has
jurisdiction over mental competency hearings.
The complete jurisdiction of these courts is,
however, limited in those areas where jurisdiction
has been conferred by law on the Juven0e and
Dbmestic Relations District Courts.
b. The General District Court has'no appellate
jurisdiction.
(Code 1950, SS16.1-69.28, 16.1-77, 16.1-123,
16.1-127, Executive Secretary]
4.4.1 Judges (98).
The number of judges per Gen-
eral District Court is set by the legislature based
on the recommendation of the Committee of District
Courts.
Each district, with the exception of one
district, has a minimum of two judges.
It has one
judge who also serves as the single judge on the
bench of the Juvenile and Domestic Relations Dis-
trict Court in that district.
a. The chief judges of the individual districts
are elected to 2-year terms by peer vote.
b. District Court full-time and substitute
judges must be members of the bar and residents of
the district.
Part-time judges are not required
to be attorneys (part-time judges abolished on
July 1,
1980).
c. District Court full-time judges are elected
by a majority vote of each house of the General
Assembly and serve 6-year terms.
Substitute and
part-time judges are appointed by the judges of
the circuit in which the district is located.
Sub-
stitute judges serve 6-year terms while part-time
judges serve 4-year terms.
(Code 1950, SS16.1-69.10, 16.1-69-11, 16.1-
69.11ksto 16.1-69.16, 16.1-69.6:1, 16.1-69.9,
16.1-64.9 1, 16.1-69.9:2, Executive Secretary]
4.5.1 Administration
a. The chief judges of the individual General
District Courts are responsible for the general
administrative supervision of their respective
courts in accordance with policy guidance and
directives from the Committee on District Courts
and the Chief Justice.
The chief judges may assign
judges to different courts within the.district,
based on caseload requirements.
If required, -they
may request the Executive Secretary to assign a
judge from *another district to their districts for
assistance.
The chief District Court judges may
establish special divisions of their courts.
They
determine the time and place that court is held
and inform the general public and the Executive
Secretary of the Supreme Court thereof.
They are
also responsible for arranging the vacation sched-
ules of the district judges.
When nonjudicial
personnel positions are authOrized by the Commit-
tee on District Courts, the power of appointment
and removal is vested in the chief judge*.
457
b. The Committee on District Courts may, as
needs require, authorize a court administrator
position in any District Court.
c. The Committee on District Courts can autho-
rize a clerk's position in particular districts.
If authorized, the clerk is appointed by the chief
judge.
There are no formal,provisions for assign-
ing administrative duties to the clerk.
He super-
\
v ses the clerical personnel in his office and has
re ponsibilities as determined by the court.
[Code 1950, SS16.1-69.33, 16.1-69-35,
\16.1-69.39; Executive Secretary]
4.6.11, Rule-making.
The Supreme Court may formulate
rules of practice and procedure for the General
Distrit Court following consultation with the
Chairmen of the House and Senate Courts of Justice
Committees and the Executive Committee of the
Judicial Conference of Virginia for District Courts
(reference Table 29:
Judicial councils and con-
ferences).
Rules so promulgated by the Supreme
Court are subject to revision by the General Assem-
bly under the same statutory provision.
Each Dis-
trict Court hos limited rule-making authority as
may be reasonably appropriate to promote proper
order and decorum, the convenient and efficient
use of courthouses and clerks
offices, and the
orderly management of court dockets.
(Code 1950, SS8-1.3, 16.1-69.321
4.1.2 JUVENILE AND DOMESTIC RELATIONS DISTRICT
COURT.
Court terms are set, by the chief judge and
are published as a section of the Rules of the Su-
preme Court.
4.2.2 Organization.
By legislative act, the com-
monwealth has been divided into 32 districts, the
boundaries of which are tile same for both General
District and Juvenile and Domestic Relations Dis-
trict Courts.
Court is held in each county seat
and any other location determined as necessary by
the chief judge.
Specific statutory provisions
allowing the chief judge of a J.D.R. District Court
to establish specialized divisions do not exist.
[Code 1950, SS16.1-69.35, 16.1-69.61
4.3.2 Jurisdiction
a. The Juvenile and Domestic Relations District
Court has exclusive jurisdiction in matters involv-
ing the custody, visitation, support, control, or
case disposition of a child, including the commit-
mspt of a mentally defective or disordered child.
JtTrisdiction also extends to any,person charged
with deserting, abandoning, or failing to provide
support for any person in violation of the law and
to all offenses committed by one family member
against another, except murder and manslaughter,
when the person accused is 18 years of age or over.
b. The Juvenile and Domestic Relations District
Court has no appellate jurisdiction.
[Code 1950, S16.1-2411
4.4.2 Judges (65).
The number of judges per Dis-
trict Court is set by the legislature based on the
recommendation of the Committee on District Courts.
Reference Section 4.4.1.
a. Chief judges for the individual J.D.R. dis-
tricts are elected to 2--year terms by peer vote.
,p. J.D.R. District Court judges must meet the
same qualifications as General District Court
judges.
Reference Section 4.4.1.b.
c. J.D.R. District Court judges are elected in
the same manner and serve the same term as General
District Court judges.
Reference Section 4.4.1.c.
(Code 1950, S16.1-69.111
4.5.2 Administration.
The J.D.R. District Court
is within the unified court system of the common-
wealth and is subject to the administrative super-
vision of the Chtef Justice.
a. Direct administrative supervision of the
J.D.R. districts is exercised by the chief judges,
subject to policy guidance from the Committee on
District Courts.
Reference Section 4.5.l.a.
The
chief judges designate the supervisors of probation
officers and related social service personnel in
thetr courts.
If a joint or regional juvenile de-
tention commission is established by three or more
cities or counties, the chief judges of the J.D.R.
districts serve as ex officio members.
b. Reference Section 4.5.1.b.
c. Reference Section 4.5.I.c.
[Code 1950, S1l6A-69.30, 16.1-69.35,
16.1-235, 16.1-236, 16.1-317]
4.6.2 Rule-making.
The chief judges may adopt and
publish rules not tn violation of law or other
court rules to regulate the conduct of the clerks
and employees of the courts.
The court may also
prescribe rules to promote order and decorum, the
convenient and efficient use of courthouses and
clerks' offices, and the orderly management of
court dockets, provided that they do not conflict
with law or other court rules.
The Supreme Court
may formulate rules of practice and procedure for
the J.D.R. District Court following consultation
with the Chairmen of the House and Senate Courts
of Justice Committees and the pecutive Committee
of the Judicial Conference of Virginia for District
Courts (reference Table 29:
Judicial councils and
conferences).
Such rules are subject toyevision
by the General Assembly.
(Code 1950, $18-1.3, 16.1-69.32, 16.1-2311
State-Level Admintstratidn
5
5.1 General administrattve authortty.
The Chief
Justice of the Supreme Court is the administrative
head of the judicial system.
He may temporarily
assign any judge of a court of record to any other
court of record except the Supreme Court and may
assign a retired judge of& court of record, with
his consent, to any court Trf record except the Su-
preme Court.
The Chief Justice may also tempo-
rarily assign a District Court judge from one dis-
trict to another.
The General Assembly may adopt
such additional measures as it deems desirable for
the improvement of the administration of justice
by the courts and for the expedition of judicial
business.
Reference Section 1.5.a.
iConst., Art. VI, S4; Code 1950, 116A-69.351
5.2 Offtte of the Executive Secretary to the
Supreme Court of Virginia
a. The Office of the Executive Secretary is
authorized by statute.
b. Executive Secretary to the Supreme Court
(1) The positiob of Exec
ive Secretary is
established by statute.
(2) The Executtve Secre ary must have the
same qualifications as a judge
f a court of rec-
ord, namely, have been a reside t of the common"
wealth, plus a member of the bar for at least 5
years prior to appointment.
The Executive Secre-
tary is appointed by and serves at the pleasure of
the Supreme Court.
(3) The Executive Secretary assists the
Chief Justice and the Supreme Court tn the adminis-
tration of the judtctal branch of the government
to the end that litigation may be expedited and
the administration of justice improved in the
courts of the commonwealth, and he has such other
duties as may be required of him by the Chief Jus-
tice or by the Supreme Court in the performance of
the administrative functions of that court.
c. Office organization.
The Office of the
Executive Secretary consists of 42 people:
19
professionals (Including the Executive Secretary)
and 23 clerical personnel.
The staff provides
support services in the following areas:
systems
analysis, programming, and statistical analysis;
court coordination; payroll, accounting, budgeting,
and purchasing; personnel systems; and judictal
planning legal services.
[Code 1950, Si17-lll.1, 17-111.2; Executive
Secretary]
Quasi-Judicial Officers
6.1.1 SUPREME COURT
6.2.1 Chief counsel
a. The chief counsel is appointed by and serves
at the pleasure of the court.
He must be a pry-
ticing member of the bar.
b. The chief counsel and his staff of 5 attor-
neys provide staff research capability to the Su-
preme Court, which enables the court to be more
effective in determining which petitions for appeal
will be heard by the court.
(Executive Secretary]
6.1.2 CIRCUIT COURT
6.2.2 Commissioner tn chancery and magistrate
a. Commissioners in chancery are appointed by
the chtef judges.
Cormissionere in chancery are
usually attorneys.
b. Commissioners in chancery may compel the
attendance of all needed witnesses in certain
civil actions by summons, rule, or attachment in
like manner as a Circutt Court.
Upon receipt of a
court-referred matter, a commissioner must prompt-
ly set a time and place of meeting.
He may require
the productton before him of all evidence.
He may
rule upon the admissibility of evidence unless
otherwise directed by the decree of reference.
If
he has this authority and a party so requests, he
must cause a record to be made of all proffered
evidence that he rules inadmissible.
Upon conclu-
sion of the hearing, the commissioner prepares a
report stating his findings of fact and conclusions
of law.
He files his report, including a tran-
script of the proceedings, with the clerk of the
court and forwards copies of same to the parties
Involved.
6.1.3 GENERAL DISTRICT AND JUVENILE AND DOMESTIC
RELATIONS DISTRICT COURTS
6.2.3 Magistrate
a. Magistrates are appointed by the chief judge
of the Circuit Court having jurtsdiction within
each dtstrict.
They must be citizens of the United
States and residents of their yespective judicial
districts (except in Arlington and Fairfax Counties
and the city of Alexandria where persons residing
in adjoining distrtcts may bek, employed).
New
magistrates must pass certiftcate on examination.
b. Magistrates have the following poWers:
(1) To tasue arrest and search warrants in
accordance with the code.
(2) To admit to bail or commit to jail all
persons charged with offenses.
(3) To issue warrants and subpoenas within
such county or city with the same power as is con-
ferred upon a District Court.
458
/
e
.ri
4 l4
II
c
4 77
e
Figure 2:
Virginia state-level administrative office of the courts, 1980
Di rector of
Director of
Director of
Director of
Technicl
Educt iona I
Research nd
Personnel
Asistance
Services
Planning
.
.
Di re ct or of
Fiscal
Services
DirecCbr of'
Judicial
Ma nageme nt
Information
Sytems
/
Sec retry
Secretary
Secretry
Personnel
Analyst
Sec retry
Management
Information
Analyt
Administrative
gsistant
p
r"---N,
Systems
Development
Operat ions
Manager
Field
Support
Manager
Manage r
I
Grant
nd
Purchasing
Admi nist rt or
Secretry
Lir
Grant
Clerk
Purchasing
Clerk
I
I
=1. 111 Ler ....1111,
Account ing
nd
External
Internal
Central
Remote
Technical
Technicl
Payroll
Systems
Sytems
Site
Site
Assistance
A. istance
Administ rator
i
Account ins
Accounting
Account ing
Criminal
Payroll
Payroll
Clerk
Clerk
Clerk
Fund
Clerk
Clerk
Accountant
,
Accounting
Clerk
Accounting
Clerk
Training
Cour t
Analyt
473
(4) To issue civil warrants directed to the
heriff or conatable of the 6ounty or city
wherein
the defendant resides.
(5) To administer oaths and act as conserva-
tor of the peace.
(6) To hear and decide complaints, as pro-
vided by law, that persons be required to give a
recognizance to keep the peace.
If authorized by the appointing circuit
judge, the magistrate may accept guilty pleas
for
'Glass 4 misdemeanors and lesser offenses and impose
and collect an appropriate fine up to 8100.
(Code 1950, 118-248, 8-252, 18.2-11, 19.2-35,
19.2-37, 19.2-45; Court rules 2:18; Executive
Secretary]
Judicial Discipline
7.1 Judicial Inquiry and Review Commission.
The
commission is composed of five members, elected by
majority vote of both houses of the General Aem-
bly.
The commission consiats of two Circuit Court
judges, two lawyers, and one public member.
The
lawyers must be active members of the bar and must
have practiced law in the state for
15 or more
years prior to appointment.
The public member can-
not be an active or retired
lawyer or an active or
retired judge.
[Code 1950, 12.1-37.3)
460
7.2 Authority and procedure for anction.
The con-
stitution provides for the establishment of a Judi-
cial Inquiry and Review Commission and grants
the
Supreme Court the authority to censure, retire, or
remove any justice or judge of a court
of record
plus members of the State Corporation Commission
and Industrial Commission for disability or
miscon-
duct.
The constitution then states that the Gen-
eral Assembly may provide by general law for the
retirement, censure, or removal of
judges of any
court not of record, or other personnel
exercising
judicial functions.
All judges are subject to im-
peachment for "malfeasance in office, corruption,
neglect of duty, or other high crime or misdemean-
or."
The commission may administer oaths, order nd
otherwise provide for the inspection of books and
records, and issue ubooenas for the attendance of
witnesses and the production of physical
evidence.
The commission has the authority to make
rules to
govern its investigations and hearings.
All papers
filed with and proceedings before the commission
are confidential, until and if such record of pro-
ceedings is filed with the Supreme Court.
[Const., Art. IV, S17, Art. VI, S10; Code
1950, 12.1-37.1, 2.I-37.Q to 2.1-37.153
WASHINGTON
Court of Last Resort
1.1 SUPREME COURT.
The court sits at Olympii, and
conducts business year-round except for nonjudi-
cial days.
[Constitution, Article IV, Sections 2, 3; Re-
vised Code of Washington (hereinafter R.C.W.)
Section 2.04.0301
1.2 Organization.
The constitution provides that
the legislature can designate separate departments
of the court.
Supreme Court Rules have divided
the court into two departments or panels.
The
Chief Justice can apportion business to the court
departments.
Const., Art. IV, 12; R.C.W. 12.04.150; Rules
of Court--Supreme Court Administrative Rule
(hereinafter S.A.R.) 61
.3 Jurisdicton
a. The Supreme Court has original jurisdiction
in babeas corpus, quo warranto, and mandamus di-
rected to state officials, and the issuance of
writs.
It also has jurisdietion over bar admis-
sion, discipline, and disbarment of attorneys.
b. The Supreme Court has appellate jurisdic-
tion in all cases except civil actions involving
dollar amounts under $200 unless the action in-
volves the legality of a tax, impost, assessment,
toll, municipal fine, or the validity of a statute.
[Const., Art. IV, 14; R.C.W. 12.04.010; Rules
of Court--Admission to Practice Rules, and
Discipline Rules for Attorneys]
1.4 Justices (9)
a. The Chief Justice is the justice having the
shortest term to serve and not holding office by
appointment or election to fill a vacancy.
If two
justices have equally short terms, the other jus-
tices determine who will be Chief Justice.
The
Chief Justice completes his term in this role.
b. Supreme Court justices must be admitted to
the practice of law in the courts of record of the
state.
c. Supreme Court justices are elected at large
in the general nonpartisan election when state of-
ficers are elected, and serve 6-year terms.
When
a vacancy occurs, the Governor appoints a person
to hold office until the election of a judge to
finish the term.
The election is nonpartisan and
takes place at the next general election.
[Const., Art. IV, 113, 17; R.C.W. 112.04.100,
2.04.130]
1.5 Administration
a. The Chief Justice exercises administration
and supervision over the entire court system
through the Administrator for the Courts, chief
judges of the Court of Appeals, presiding judges
of the District Court and the Municipal Court, and
trial court administrators.
Reference Section 5.1
(General 'administrative authority).
In regard to
the administration of the Supreme Court, the Chief
461
Justice acts as coordinator between the two de-
partments of the court, and apportions business to
them.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The clerk of the court is selected by\the
court.
He is responsible for recording all &Qua,
proceedings, keeping all books required by law,
affixing the seal, filing all papers, and training
all Court of Appeals clerks.
[R.C.W. 12.04.150; S.A.R. 8, 16; Administrator
for the Courts]
1.6 Rule-makini.
The Supreme Court makes the
rules of practice and process for all courts.
If
these rules conflict with any laws, the rules take
precedence.
The Judicial Council (reference Table
29:
Judicial councils and conferences) functions
as an advisory committee on proposed rules.
[R.C.W. 112.04.180, 2.04.190, 2.04.200; Rules
of Court; Administrator for the Courts]
Intermediate Appellate Court
2.1 COURT OF APPEALS.
The Court of Appeals sits
in continuous session.
The court has three divi-
sions: Division 1, headquartered in Seattle; Divi-
sion 2, headquartered in Spokane; and Division 3,
headquartered in Tacoma.
[R.C.W. 112.04.030, 2.06.0201
2.2 Organization.
The court sits in panels of
three judges.
There are two panels in Division 1
and one panel each in Divisions 2 and 3.
There
are three districts based on geographical bound-
aries in each division.
[R.C.W. 112.06.020, 2.06.0401
2.3 Jurisdiction
a. The Court of Appeals has no original juris-
diction,
b. The Court of Appeals has exclusive appel-
late jurisdiction in all cases except the follow:
trig:
(1) Criminal cases where the sentence is
death.
(2) Quo warranto, prohibition, injunction,
or mandamus directed to state officials.
(3) Cases where the constitutionality of a
statute', ordinance, tax, impost,
ment, or
toll has been questioned and held invalid by the
Superior Court.
(4) Cases involving fundamental and urgent
issues of broad public import requiring prompt and
ultimate determination.
(5) Cases involving substantive iseues
where there is conflict between panels of the
court or with decisions of the Supreme Court.
The court can hear any appeal generally ex-
cluded from its jurisdiction if transferred to it
by the Supreme Court.
[RtC.W. 12.06.030]
450
Figure 1:
Washington court system, 1980
Constitutionality of statutes.
Conflicting statutes or rules
of law.
swam COURT
11 justices
Juriedictiom:
Direct appeals wherein Iloilo's. of state
officials ars involved, where constitu-
tionality of
Statute is questioned,
w here conflicting statutes or rules of
law ars involved, or where the issue is
o f broad public interest.
Aggrieved party has right of review
w hen reversal in Court of Appeals is
not unanimous; otherwise review is dis-
cretionary.
1111
COURT OP APPEALS (3)
16 judges
Jurisdiction:
- Appeals from lower courts excgpt those
in the jurisdiction of tha Supreme
Court.
SUPERIOR COURT (211)
118 judges*
Jurisdiction:
- Exclusive original jurisdiction over
all civil matters Involving dollar
amounts over $3,000, title or posses-
sion of real property, and cases invol-
ving the legality of any tax, impost,
sssss anent, toll, ur municipal probate
and domestic relation matters.
- Exclusive original jurisdiction over
all criminal with the exception of
minor misdemeanors.
- Exclusive original jurisdiction over
juvenile matters.
Appeals de novo.
Jury trials.
MUNICIPAL COURT (225)
206 judges (94 of
which also serve in
the District Court)
Jurisdiction:
- Municipal ordinance
violations (fins
less than $500
sentcnce less
than 6 months).
=mr
JUSTICE OF THE PEACE COURT
2 justices of the peace
located in Columbia County
Jurisdiction:
- Civil actions under $1,000
(in sone jurisdictions the
limit is under $500), small
claims.
- Misdemeanors with fine less
than $100, sentence less than
30 days (in some juriedic -
tiona fins less than $500,
sentence leas than 6 months),
preliminary hearings.
- Traffic matter..
Jur/ trials.
116
rndicates route of appeal.
DISTRICT COURT (73)
63 full-time, 31 part -time municipal Judges
serve
DiSTRICT COURT
MUNICIPAL DEPARTMENT
Jurisdiction:
Jurisdiction:
- Civil actions under
- Such jurisdiction
$3,000, small
granted to the
claims.
department by law,
- Misdemeanors with
usually ordinance
fines less than
violations and
$500, sentence less
than 6 month.; pre-
liminary hearings.
traffic.
- Traffic matters.
Jury trials.
_
The number of judges in the Superior Court will inc 00000
from IIA to 125 on
-41anuary I.
1981.
4 s 1
462
=1,
INNEN,
.1111.
a
Court of
last
resort
Intermediate
appellate
court
Court of
general
jurisdiction
Courts of
limited
jurisdiction
2.4 Judges (16)
a. There is a chief judge for each division
who is selected in the same manner and for the
same term as the Chief Justice of the Supreme
Court.
Reference Section 1.4.
b. Court of Appeals judges must have been ad-
mitted to the practice of law in the state not
less than 5 years prior to taking office and must
have been residents of their districts not less
than
1 year st the time of appointment or initial
election.
c. Court of Appeals judges are selected in the
same manner and for the same term as Supreme Court
justices.
Reference Section 1.4.c.
(R.C.W. 112.06.050, 2.06.070; Rules of Court--
Court of Appeals Administrative Rule (herein-
after C.A.R.) 8)
2.5 Administration
a. The chief judges decide all procedural mat-
ters not affecting the content of the record or
argument.
The chief judge in Division 1 assigns
the judges of that division to panels.
b. There is no provision for an administrator
for the Court of Appeals.
The Administrator for
the Courts serves as administrator for the Court
of Appeals with the consent of the court.
Refer-
nce Section 5.2.b (state-level administrator).
c. Each division appoints a clerk.
There are
no formal provisions for assigning administrative
or supervisory duties to the clerk.
He has re-
sponsibilities as determined by the Court.
(R.C.W. 12.06.040; C.A.R. 6, 8,
16, 23; Admin-
istrator for the Courts)
2.6 Rule-making.
The administration and procedure
of the court is provided by Supreme Court Rule
.
though the court can establish rules supplementary
to and not in conflict with Supreme Court Rules.
(Const., Art. IV, 130; R.C.W. 112.06.030,
2.06.040)
Court of General Jurisdiction
3.1 SUPERIOR COURT.
The court sits in continuous
session except for nonjudicial days.
[Const., Art. IV, 16, R.C.W. 12.08.030)
3.2 Organization.
The 39 counties of the state
are divided into 28 divisions baied on county or
multi-county boundaries.
Superior Court sessions
are held in the county seats.
There are no spe-
cialized divisions of the court.
[R.C.W. 112.08.030, 2.08.061 to 2.08.0651
3.3 Jurisdiction
a. The Superior Court has exclusive original
jurisdiction in all civil cases involving dollar
amounts over $3,000, title or po sssss ion of real
property, and cases involving the legality of any
tax, impost,
ment, toll, or municipal fine.
The court also has exclusive original jurisdiction
in criminal, probate, juvenile, and domestic mat-
ters in its geographic jurisdiction, except
here
concurrent with the Justice of the Peace
urt,
'
District Court, and Municipal Court in c
Les over
400,000 population.
b. The Superior Court has appellate jur
tion over cases in all trial courts.
(Const., Art. IV, 16; R.C.W. 112.08.010,
2.08.020, 3.20.020, 3.20.040, 3.66.020,
3.66.060, 35.20.250)
3.4 Judges (118)
a. The Superior Court does not have a chief
judge over all the Courts or pr4siding judges for
the 24 divisions.
_
1
463
b. Superior Court judges must meet the same
qualifications as Supreme Court justices.
Refer-
ence Section 1.4.b.
c. Superior Court judges are selected in the
same manner and for the same term as Supreme Court
justices.
Reference Section 1.4.c.
[Const., Art. IV, 15; R.C.W. S2.08.060; Admin-
istrator for the Courts)
3.5 Administration
a. There are no provisions for a chief judge
over all the Superior Courts or for presiding
judges for the 28 divisions.
b. There is no provision for an administrator
over all the Superior Courts.
The position of ad-
ministrator is authorized for some courts by the
judge of the court and is funded by the legisla-
ture.
The administrator's responsibilities are
determined by the judge of the court and are pri-
marily supervision of the calendar and the bud-
get.
Reference Section 5.2.b (state-level admin-
istrator).
c. The clerks of the Superior Courts are
elected county officers.
In certain counties with
population less than 3,300, the county clerk is
elm; ex officio county auditor.
There are no for-
mal provisions for assigning administrative duties
to the clerk.
He has responsibilities as deter-
mined by the court.
[Const., Art. IV, S26; R.C.W. 136.16.030; Of-
fice of Administrator for the Courts]
3.6 Rule-making.
The Supreme Court has procedural
rule-making authority.
The Superior Court estab-
lishes uniform administrative rules.
(Const., Art. IV, 124; R.C.W. 112.04.190,
2.08.230)
Courts of Limited or Special Jurisdiction
4.1.1 JUSTICE OF THE PEACE COURT.
The Justice of
the Peace Courts are open except on nonjudicial
days.
Sessions of the court are held st such
places as provided by the Justice of the Peace
Court districting plan.
The court sits as often
as business requires in each city of the Justice
of the Peace Court districts.
(R.C.W. 3.30.0401
4.2.1 Organization.
There is only one county,
Columbia, still using a Justice of the Peace
Court.
All other counties have District Courts.
One Justice of the Peace Court serves all of
Columbia County.
There are no specialized divi-
sions of the court.
(Office of Administrator for the Courts)
4.3.1 Jurisdiction
a. The Justice of the Peace Court has concur-
rent criminal jurisdiction with the Superior Court
over all misdemeanors or gross misdemeanors in its
county.
The Court cannot impose more than a $500
fine or imprisonment aver 6 months in cities over
20,000 population, or a fine over $100 or over 30
days of imprisonment in all other cities.
Full-time justices of the peace who are re-
quired by law to be attorneys have jurisdiction in
civil matters involving dollar amounts under
$1,000; justices who do not fulfill these criteria
have civil jurisdiction in matters involving dollar
amounts under $500.
In all civil matters, however,
jurisdiction over cases involving real property,
false imprisonment, libel, slander, malicious proi-
ecution, ariminal conversation, or seduction is ex-
cluded.
The court has jurisdiction over traffic
cases.
,I (-) '
...) N.
b. The Justice of the Peace Court has no ap-
pellate jurisdiction.
(Const., Art. IV, 110; R.C.W. 113.20.020,
3.20.030, 3.20.0401
4.4.1 Judges (2 Justices of the peace)
a. The Justice of the Peace Court does not
have a presiding judge.
b. Justices of the peace must be citizens of
the United States and the state; must be voters of
the precinct in which elected; and cannot be a
sheriff, coroner, or Superior Court clerk.
Jus-
tices who hear cases involving dollar amounts of
more than $300 but less than $1,000 must be attor-
neyl.
c. Justices of the peace are elected at the
general election of' cunty and precinct officers
and serve 4-year terms.
(R.C.W. 113.04.010, 3.04.040, 3.04.080]
4.5.1 Administration
a. There is no provision for a presiding judge
for the Justice of the Peace Court.
b. There is no provision for an administrator
for the Justice of the Peace Court.
Reference
Section 5.2.6 (state-level administrator).
c. When clerks are provided for
by statute (in
cities greater than 100,000 where there are two
justices of the peace), they are appointed by the
justices acting as a board and are statutorily
authorized to perform clerical duties such as
taking custody of books, records, and papers; be-
ing present during session of court;
swearing wit-
nesses; administering oaths; receiving fines; and
affixing the seal.
(R.C.W. 113.12.090, 3.54.028N 35.20.210,
35.20.220, 35.22.440, 35A.20.110]
4.6.1 Rule-making.
The Supreme Court has proce-
dural rule-making authority for all courts.
Ad-
ministrative rule-making authority is vested in
the individual court.
(R.C.W. S2.04.190, Office of the Administra-
tor for the Courts]
4.1.2 DISTRICT COURT (also called
tice Court).
The District Court sits in continu
session.
(Clerk, Thurston County]
4.2.2 Organization.
Counties with populations
over 125,000 are required to have
District
Courts.
Counties with populations under 125,000
can elect to form District Courts upon majority
vote of the county commissioners (county governing
board).
As of October 1980, there were 73 Dis-
trict Courts based on county and inter-county
di-
visions.
Any city can establish a Municipal De-
partment of the District Court that can also be
referred to as the Municipal Court of the city.
(R.C.W. 113.30.020, 3.46.010, 36.13.010, Ad-
ministrator for the Courts]
4.3.2 Jurisdiction
a. The District Court has criminal
juriidic-
tion, concurrent with the Superior Court and the
Municipal Court in cities over 400,000, over all
misdemeanors and gross misdemeanors, violations of
city ordinances, and proceedings to keep the peace
in their respective counties.
They cannot impose
sentence greater than a fine of $500 and/or 6
months of imprisonment.
The District Court has
original civil jurisdiction in cases involving sums
under $3,000, except actions involving real proper-
ty, false imprisonment, libel, slander,
malicious
prosecution, criminal conversation, or eduction.
The Municipal Department generally hears or-
dinance violations and traffic cases.
b. The District Court has no appellate
juris-
diction.
(R.C.W. 113.66.020, 3.66.030, 3.66.060,
35.20.250]
4.4.2 Judges (63 full-time, 31 part-time municipal
judges serve)
a. In districts having more than one judge,
the judges must elect and certify a presiding
judge from among their number.
If they do not,
the Supreme Court designates the presiding judge.
b. District Court judges must be registered
voters of their districts and either (1) must be
lawyers admitted to the practice of law in the
state, or (2) must have been previously elected
and have served as a justice of the peace,
munici-
pal judge, or police judge in the state, or (3)
must have taken and passed a qualifying exam for
the office, as provided for by Supreme Court rules
in districts under 10,000 population.
c. District Court judges are elected to 4-year
terms by the voters of their respective districts.
(R.C.W. .S13.34.050, 3.34.060, 3.34.070; Rules
of Court--Justice Court Administrative Rule
(hereinafter J.A.R.) 5]
4.5.2 Administration
a. In the District Courts having a presiding
judge, the judge supervises the business of the
district, assigns judges to departments if the
court is departmentalized, supervises the prepara-
tion and filing of required reports, and performs
such other duties as required by statute or rule.
b. There is no provision for an administrator
for the District Court.
Reference Section 5.2.b
(state-level administrator).
c. When clerks are provided for
by statute,
they are appointed and statutorily authorized to
perform clerical duties.
Reference Section
4.5.1.c (Administration).
(R.C.W. 113.12.090, 3.54.020, 35.20.210,
35.20.220, 35.22.440, 35A.20.110; J.A.R. 51
4.6.2 Rule-making.
The Supreme Court has proce-
dural and administrative rule-making authority,
though the courts can adopt procedural rules not
inconsistent with Supreme Court rules.
(R.C.W. 13.30.080; J.A.R. 21
4.1.3 MUNICIPAL COURT (sometimes known as Police
Court).
The Municipal Court is open except on
nonjudicial days.
It holds regular and special
sessions at such times prescribed by the judges.
(R.C.W. 34.20.030]
4.2.3 Organization.
Municipal Courts are provided
by law for all municipalities.
In cities over
400,000 population, the court is divided, into
three departments, or more if provided by the
legislative body of the city.
(R.C.W. $53.50.010, 35.20.010, 35.20.100,
35.22.420, 35.23.590, 35.24.450, 35.27.520,
35A.201
4.3.3 Jurisdiction
a. The Municipal Court, where it
exists, has
exclusive original jurisdiction in all city ordi-
nance violations.
Municipal Courts in cities over
400,000 population also have concurrent jurisdic-
tion wit,h the Superion Court and the District
Court over all misdemeanors and gross misdemean-
ors, and proceedings to keep the peace.
b. The Municipal Court has no appellate juris-
diction.
(R.C.W. 113.50.020, 3.66.060, 35.20.030,
35.20.250, 35.22.460, 35.23.600, 35.24%460,
35.27.530, 35A.20.040]
4.4.3 Judges (206--94 of which also serve in the
District Court)
a. Cities with populations larger than 400,000
have a presiding Municipal Court judge, who is
,n 3
elected by majority vote of the judges of the
court.
b. Qualifications for judges vary, depending
upon statute or municipal ordinance.
In all
cities over 5,000 population, judges must be at-
torneys unless they are justices of the peace.
c. Selection of judges varies with the munici-
pality.
The term of office also varies with the
municipality, but is generally 4 years.
1R.C.W. SS3.50.040, 3.50.050, 35.20.100,
35.20.150, 35.20.170, 35.22.420, 35.22.660,
35.23.660, 35.24.450, 35.27.520, 35A.20.020]
4.5.3 Administration
The presiding judge in Municipal Courts in
cities over 400,000 population is responsiole for
the administration of the court and the assignment
of calendars to all departments.
b. The position of court administrator is
authorized by statute for Municipal Courts in
cities with populations larger than 400,000.
Un-
der supervision of the presiding judge, the court
administrator supervises the functions of the
chief clerk and director ot the Traffic Violations
Bureau or similar agency, and performs other du-
ties assigned by the presiding judge.
c. The chief clerk of each Municipal Court is
appointed by the judges of the court.
Upon recom-
mendation of the judges of a Municipal Court, the
legislative body of the city may provide for the
appointment of assistant clerks as the legislative
body may deem reasonable.
Some Municipal Court
clerks perform administrative duties as well as
clerical duties.
[R.C.W. SS35.20.100, 35.20.105, 35.20.210; Of-
fice of AdminiStrator for the Courts]
4.6.3 Rule-msking.
The Supreme Court has proce-
dural rule-making authority.
There are no statu-
tory or constitutional provisions for court admin-
istrative rules.
Thi
s dependent upon municipal
ordinance.
[J.A.R. 2,
3]
State-Level Administrati
5.1 General administrati e authority.
The Supreme
Court promulgates rules
cit-
the administration of
all courts.
The Chief Justice supervises the Ad-
ministrator for the Courts in ;cis duties over the
state courts.
Reference Section 1.5.a.
1R.C.W. S2.56.030; Rules of Court]
5.2 Office of Administrator for the Courts
a. The office is established by statute.
b. Administrator for the Courts
(1) The position of Administrator for the
Courts is authorized by statute.
(2) The only statutory qualification is
that the Administrator not be over 60 years of age
at the time of appointment.
The Administrator is
selected by the Supreme Court from a list of five
persons submitted by the Governor.
(3) The duties of the Administrator include
the following:
examine the administrative methods
used in the courts and make recommendations; de-
termine needs for court assistance in hearing
cases and make recommendations to the Chief Jus-
tice for the transfer of judges, collect data and
make reports on the court as needed, and on the
Office of the Administrator annually, prepare and
submit budget estimates, and make recommendations
for the judicial system; and collect data and make
reports on local and state expenditures for the
judicial system.
1
465
c. Office organization.
The Office of Admin-
istrator for the Courts consists of 73 people:
52
professionals (including the Administrator for the
Courts) and 21 clerical personnel.
The profes-
sional staff provides support services in the
following areas:
systems analysis, programming,
computer operations, records management, forms
development, and field representation; court
coordination and other court services; payroll,
accounting, budgeting, and purcflasing; education
and training; personnel systems; and planning and
research activities including stttistical compila-
tion, judicial planning, research, evaluation,
statistical analysis, and legal services.
The ad-
ministrator, with the approval of the Chief Jus-
tice, selects his staff.
[R.C.W. SS2.56.010, 2.56.020, 2.56.030; Admin-
istrator for the Courts]
Quasi-Judicial Officers
6.1.1 SUPERIOR COURT
6.2.1 Commissioner
a. Commissioners are selected and removed by
the judge of the Superior Court of the county or
district.
They must be citizen; of the Un!ted
States and voters of the counties.
h. Commissioners have the authority, subject
to revision by the judge, to perform the duties of
judges at chambers (i.e., grant defaults, fix, and
approve bonds), take depositions, and perform
other duties as prescribed by law.
[Const., Art. IV, S23; R.C.U. SS2.24.010,
2.24.040, 13.04.030]
6.1.2 SUPERIOR COURT
6.2.2 Referee
a. Referees are appointed by and serve at the
pleasure of the court or judicial officer.
They
must be qualified as jurors as provided by stat-
ute, must be competent as jurors between the par-
ties, and must be practicing attorneys.
b. Referees have the power to try an issue of
law or fact or ascertain any other fact in a civil
action and report on it; execute an order, judg-
ment, or decree; and exercise any other power
authorized by law.
1R.C.W. S§2.24.060, 4.48.050]
6.1.3 SUPERIOR COURT
6.2.3 Judge pro tempore
a. Judges pro tempore are selected by the par-
ties or their attorneys, and removal is upon final
disposition of the case.
Judges pro tempore must
be members of the bar, must be agreed upon in
writing by the parties litigant or their attorneys
of record, and must be approved by the court.
b. Judges pro tempore try the cases before
them as judges of the court.
[Const., Art. IV, S7; R.C.W. S2.08.180]
6.1.4 JUSTICE OF THE PEACE COURT and DISTRICT COURT
6.2.4 Justice of the peace pro tempore
a. Justices of the peace pro tempore are se-
lected and removed by the court.
They must be reg-
istered voters of the Justice Court district and
must be either lawyers admitted to practice in
Washington, or elected justices of the peace, mu-
nicipal judges or police judges, or, in districts
with population less than 10,000, persons who have
passed a qualifying exam.
4(Ji
Figure 2: Washington stat-level administrative office of the courts, 1980
Stte
Cot.rt
Administrator
Ofeputy
Admit nit rator
Court
Coordinators
Joti lit I l Intormat ion
Systems
Division
Superior court
management information
I yt erne
Juvenile court
informat ion yt ems
Appel late court
record and data
System",
DiAtrict/municipal
informat ion systems
Technical services
Judicial Services
and
Act ivit ies Division
Support services
Operst ions
Planning
Reserch nd st at is-
t ice
Judicial educt ion
Legal publict ion
Public informat ion
466
Management
Services
Division
Fiscal administ rat ion
Pe ronne I
- Purchasing
b. Juditices of the peace pro tempore can sit
as judges of court in any district of the county
during the temporary absence, disqualification, or
incapacity of the district Judge.
[R.C.W. S3.34.130; Administrator for the
Courts]
6.1.5 JUSTICE OF THE PEACE COURT and DISTRICT COU(T
6.2.5 Justice Court commissioner
a. Justice Court commissioners are selected
and removed by the judges of the district.
Comr
missioners must be graduated of an accredited law
school, must be in good standing with the Washing-
ton bar Association, and must have had 5 years ex-
perience in the practice of law or a judicially
related field.
Commissioners are required to take
an oath of adherence to the Code of Judicial Con-
duct.
b. Justice Court commissioners have the same
authority in criminal matters as district judges
possess and prescribe.
They have no authority in
Ak
)
467
civil matters.
[R.C.W. SS3.42.020, 3.42.101]
6.1.6 MUNICIPAL COURT
6.2.6 Judge pro tempore
a. Judges pro tempore are selected by the
mayor or the chief administrative officer of the
city.
In cities over 400,000 population the se-
lection is made from a list submitted by the mu-
nicipal judges.
Judges pro tempore must meet the
same qualifications as a judge of the Municipal
Court.
b. Judges pro tempore have the same duties and
responsibilities as judges of the court.
[R.C.W. §§3.50.090, 35.20.200, 35.22.520,
35.23.650, 35.24.480, 35.27.525, 35A.20.100]
Judicial Discipline
7.0 There is no provision for a judtpial disciplin-
ary commission.
#
A C
A ....I
Figure 1:
West Virginia court system, 1980
SUPREME COURT OF APPEALS
5 justices
I
Jurisdiction.
- Original jurisdiction In proceedings
of
habeas corpus, mendasua, prohibition, and
certiorari.
- Appellate jurisdiction is civil cases at
law over 000, in equity, in cases involv-
ing constitutionality of
s law, and in
felony and misdemeanor matters appealed
from Circuit Court.
11
CIRCUIT COURT Op
60 judges
Jurisdiction:
Civil actions st law Over $100, equity.
Original jurisdiction tn criminal matter..
Appeals de novo from Magistrate court.
Jury trials.
,
I
MAGISTRATE COURT (SS)
150 Judges
Jurisdiction
- Civil actions under $1,500.
Small cleims
and landlord-tenant matters.
- Felony preliminary.
Misdemeanor with fines
less than $1,000 or sentences less than 12
months.
- Traffic matters.
Jury trials.
MUNICIPAL COURT. (54)
54 judges
Jurisdiction
- Ordinance violations.
- Traffic matters.
No jury trials.
ItIndicates route of appeal.
Municipal Courts are not part of the state
unified court system.
They are organized
and operated at the local level.
468
=WV
0111.
ao
Court of
last
ort
Court of
general
Jurisdiction
Courts of
limited
jurisdiction
WEST VIRGINIA
Court of Lastjtesort
1.1 SUPREME COURT OF APPEALS.
The court sits at
Charleston, the state capital.
Two regular terms
are held each year, commencing on the second
Tuesday in January and the first Wednesday in
September.
Special terms and different locations
can be designated by the court.
[Constitution, Article VIII, Section 3; West
Virginia Code 1966 (hereinafter Code) Sections
51-1-5, 51-1-61
1.2 Organization.
The Supreme Court of Appeals
does not sit in panels.
[Const., Art. VIII, §21
1.3 Jurisdiction
a. The court has original jurisdiction in pro-
ceedings in habeas corpus, mandamus, prohibition,
and certiorari.
b. The court's appellate jurisdiction extends
to criminal cases where there has been a conviction
for a felony or misdemeanor in the Circuit Court,
and where there has been a convictiolrin a court
of limited jurisdiction thatabos been affirmed by
the Circuit Court.
In crimial cases relating to
the public revenue, the right of appeal belongs to
the state as well as the defendant.
The court has
appellate jurisdiction in civil cases at law where
the matter in controversy exceeds $300 (amount may
be increased by a legislative act); in civil cases
in equity; in controversies concerning the titles
or boundaries of land; in proceedings in quo war-
ranto, habeas corpus, mandamus, prohibition, and
certiorari; and in cases involving personal freedom
or the constitutionality of a law.
[Const., Art. VIII, S3; Code §51-1-31
1.4 Justices (5)
a. The position of Chief Justice is filled by
selection of the court.
A rotation plan determined
by the court governs the length of service in this
role.
b. Supreme Court4of Appeals justices must have
a law degree with at least 10 years of legal ex-
perience.
They must also be at least 30 years old
and must have been residents of the state for at
least
5 years.
c. Supreme Court of Appeals justices are elect-
ed by the voters to 12-year terms in statewide
elections.
Partisan ballots are used.
Vacancies
are filled by gubernatorial appointment pending the
next general election.
If the unexpired term is
for less than 2 years, the position is filled by
the Governor without referral to the voters.
[Const., Art. IV, S4, Art. VIII, SS2, 7; Code
S3-1-16; By Court Order; Administrative Direc-
tor]
1.5 Administration
a. The Chief Justice is the administrative head
of the courts.
He exercises administration and
.
469
supervision over the entire court system through
the Administrative Director of the Supreme Court
of Appeals, chief judges of the Circuit Court,' Cir-
cuit Court administrative assistants, and chief
magistrates.
Reference Section 5.1 (General admin-
istrative authority).
The Chief Justice has no
specifically articulated duties, however, with re-
gard to the administration of the Supreme Court.
His duties are listed by court order.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The clerk of the Supreme Court of Appeals
is appointed by and serves at the pleasure of the
court.
There are no formal provisions for assign-
ing administrative duties to the clerk.
He has
supervisory authority over the functions of the
clerk's office.
[Const., Art. VIII, S3; Administrative Direc-
tor]
1.6 Rule-making.
The court has the power to pro-
mulgate rules relating to writs, warrants, process,
practice, and procedure for all cases and proceed-
ings
criminal and civil, for ail courts of the
sta
vis
Cou
The Supreme Court also has general super-
ry control over all Circuit and Magistrate
s.
[Const., Art. VIII, §3; Administrative Direc-
tor]
Intermediate Appellate Court
2.0 There is no intermediate appellate court in
West Virginia.
Court of General Jurisdiction
3.1 CIRCUIT COURT.
Court terms presently are spec-
ified by statute; however, the Supreme Court of
Appeals is constitutionally authorized to designate
court terms.
Court must be held in each county at
least three times annually.
[Const., Art. VIII, §5; Code §51-2-la to
§5-2-lee]
3.2 Organization.
The state is divided Into 31
circuits.
Each circuit contains from one to four
counties.
There are no specialized divisions of
the court.
[Code §51-2-1]
3.3 Jurisdiction
a. The Circuit Court has original jurisdiction
in all crimes and misdemeanors.
The court has
original jurisdiction in all civil cases at law
exceeding $100 (amount can be Increased by the
legislature); in all civil cases in equity; and in
proceedings in habeas corpus, mandamus, quo warran-
to, prohibition, and certiorari.
The legislature
is constitutionally authorized to transfer probate
jurisdiction from the County Commissions to the
Circuit Court, if and when It deems It appropriate.
b. Appeals, as permitted by law, from decisions
of the Magistrate Court are by trial de novo in the
Circuit Court.
[Const., Art. VIII, S61
3.4 Judges (60)
a. There is no provision for a chief judge over
all the circuits of the Circuit Court.
In circuits
with two or more judges, a chief judge is selected
as prescribed in the local rules of court.
b. Circuit Court judges must be attorneys with
at least
5 years of legal experience.
They must
also be at least 30 years old and must have been
residents of the state for at least
5 years.
c. Circuit Court judges are elected in partisan
elections to 8-year terms by the voters of the
circuits.
[Conga., Art.
IV, S4, Art. VII, SS5, 7, Admin-
istrative Director)
3.5 Administration
a. Whereas there is no provision for a chief
judge over all the circuits of the Circuit Court,
the chief judge of each circuit
is the constitu-
tional administrative head of the circuit (includ-
ing all Magistrate Courts in the circuit).
He is
responsible for the division of business in the
Magistrate Court.
The chief judge appoints the
chief magistrate and the Magistrate Court clerk.
He also appoints magistrates to fill vacancies
pending the next election.
The chief judge may
order any magistrate to serve temporarily at an-
other location within the county, and may make tem-
porary assignments outside the county.
b. There is no provision for an administrator
over all the circuits of the Circuit Court.
The
position of administrative assistant for each cir-
cuit is a-Piassified position within the state
judicial personnel system.
The filling of the
position is discretionary.
The administrative
assistant is appointed by the chief judge of the
circuit.
Some of his duties are as follows.
he
manages and directs court administrative activi-
ties, assigns personnel, procures equipment and
supplies, directs budgeting, accounting, and per-
sonnel services, supervises record filing and dis-
position procedures, confers with judges, attor-
neys, and public/private agencies to ensure ade-
quate administrative services; and performs otfrer
duties as directed.
c. Circuit Court clerks are elected by the
voters to 6-year terms.
There are no formal pro-
visions for assigning administrative duties to the
clerks.
They Vhe responsibilities as determined
by their respective courts.
[Const., Art. VIII, SS6, 9; Code SS50-1-6,
50-1-7, 50-1-8, 50-1-13, Personnel Manual, pp.
A-8, 5-1; Administrative Director)
3.6 Rule-making.
Reference Section 1.6.
Subject
to the approval of the Supreme Court, each Circuit
Court has the'authority to establish local rules
to govern the court.
[Const., Art. VIII, S6)
Courts of Limited or Special Jurisdiction
4.1.1 MAGISTRATE COURT.
The Magistrate'Court sits
in continuous session.
[Administrative Director]
4.2.1 Organization.
There is
Magistrate Court
in each of the state's 55 counties.
There are no
specialized divisions of the court.
1Const., Art. VIII, SIO, Code S50-1-1)
4.3.1 Jurisdiction
a. The Magistrate Court has jurisdiction in all
misdemeanors committed in the county and jurisdic-
tion to conduct preliminary examinations on war-
rants charging felonies.
A magistrate may issue
arrest warrants.
Except in capital cases, a magis-
trate may set and admit to bail.
Magistrates have
jurisdiction in civil actions where the amount in
controversy is less than $1,500.
They also have
jurisdiction in matters involving unlawful entry
or detainer of real estate so long as there is no
title dispute.
b. The Magistrate Court has no appellate juris-
diction.
[Code SS50-2-1, 50-2-3)
4.4.1 Judges (150).
The number of magistrates per
county is determined by a statutory formula, which
uses population Increments.
a.
If deemed appropriate, the chief judges of
the circuits may appoint one of the magistrates as
the chief magistrate who serves at the pleasure of
the appointing judge.
b. Magistrates
qualifications are set by the
legislature, but the constitution prohibits any
requirement that they be attorneys.
Magistrates
must be at least 21 years old and must have a high
school education.
Prior to assuming office they
must complete a Lourse of instruction in rudimen-
tary principles of law as prescribed by the Supreme
Court.
c. Magistrates are selected by the voters of
the counties from partisan ballots.
Magistrates
serve 4-year terms.
[Const., Art. VIII, SIO, Code SS50-1-1,
50-1-2, 50-1-4, 50-1-71
4.5.1 Administration
a. Chief magistrates are responsible for all
administrative functions of their respective courts
as specified in the Code, court rules, or as or-
dered by the chief judges of the circuits.
As a
minimum, these functions include supervision of
the court clerk in establishing and maintaining a
centralized docketing system, submitting required
reports, and notifying the chief judges when the
caseload requires additional magistrates.
b. There are no provisions for administrators
for the Magistrate Court.
Reference Section 5.2.b
(state-level administrator).
c. Magistrate Court clerks are appointed by the
chief judges of the circuits.
If the Magistrate
Court has less than three magistrates, the chief
judge can direct the Circuit Court cl rk to serve
both courts.
The court clerk assists the chief
lc
magistrate in the performance of his a m inistrative
duties.
[Code 5550-1-7, 50-1-8)
4.6.1 Rule-Making.
Reference Section 1.6.
4.1.2 MUNICIPAL COURT.
(The Municipal Court is not
considered a pasf of the state system and functions
independently of the Chief Justice and the Adminis-
trative Office of the Supreme Court of Appeals.)
The Municipal Court meets whenever caseload demands
it, usually once or twice a week.
[Administrative Director]
4.2.2 Organization.
Each Municipal Court has
jurisdiction within the municipality.
There are
no geographical or specialized divisions of the
Municipal Court.
[Code S8-10-11
474
4.3.2 Jurisdiction
a. The Municipal Court has jurisdiction over
ordinance violations
h. The Municipal Court has no appellate juris-
diction.
!Conat., Art. VIII, c111
4.4.2 Judges (54).
Mayors serve as ex officio
Municipal Court
judges.
The cities may also pro-
vide for the election or appointment of one Mutifcf-
pal Court
judge tf they desire.
a. The Municipal Court doeA not have presiding
judges.
h. Municipal Court
judges must be at
least
30
years old and must have heen residents of the state
for at least
5 years.
Additional qualifications
may he prescribed hy the local governing hody.
c. The method of appointment or election and
the term of office are prescribed hy ordinance.
(Const., Art. IV, S4; Code SSA-10-1, A-10-21
4.5.2 Administration.
All matters relating to the
administration of these courts are determined hy
the local governing hody.
a. There Are no provisions for presiding judges
for the Municipal Court.
h. There are no provisions for administrators
for the Municipal Court.
c. There are no provisions tor clerks for the
Municipal Court.
[Code SA-10-21
4.6.2 Rule-making.
The Municipal Court.may estah-
lish rules of court provided they are consistent
with the law and the rules of the Supreme Court.
[Code SSA-10-1, A-10-21
State-Level Administration
5.1 General administrative authority.
The Supreme,
Court has general supervisory control over all
intermediate Appellate courts (none have heen
estahlished), the Circuit Court, and the Magistrate
Court.
The Chief Justice is the administrative
head of the courts.
The court appoints the Admin-
.
istrative Director and other employees of the
court.
It also prescrihes their duties and compen-
sation and can remove them.
The Chief Justice can
assign Judges from one court to another for tem-
porary service.
Under his direction, the Adminis-
trative Director prepares and suhmits the judicial
hudget.
The Supreme Court provided "for dividing
the huminess of those circuits tn which there is
more than one Judge between the judges thereof so
aa to promote and secure the convenient and expe-
ditious transaction of such husfness."
Reference
Section I.5.a.
[Const., Art. VIII, Sc3,
51
5.2 Administrative Office of the Supreme Court of
Appeals
a. The administrative office is estahlished hy
statute.
b. Administrative Director of the Supreme Court
of Appeals
(1) The position of Administrative Director
0
of the Supreme Court of Appeals is Authorized by
the constitution.
(2)
It
is deml-rahle that the Administrative
Director he a graduate of a 4-year college with a
deAree In Eublic or hAsfness administration or,in
a related
eld.
He Aould have extensive experi-
ence in court or related administrative or profes-
sional work.
The Administrative Director is
appointed hy the Supreme Court.
471
(3) The Administrative Director prepares and
submits the judicial hudget.
He has charge of all
administrative matters relating to clerks' offices,
examines the state of the dockets in the various
courts, and secures Information AS tO their needs
for assistance.
He is responsihle for the prepara-
tion of statistical data on and reports of
the
business transacted hy the courts.
His duties also
include the purchase, exchange, transfer, and dis-
trihution of equipment and supplies and sue+) other
duties assigned to him hy the Supreme (ourt.
The
Administrative Director serves as the
erretary of
the Judicial Council (reference Tahle 2h
Judicial
councils and conferences).
c. Office organization.
The Administrative
Office of fhe Supreme Court consists of
12 people:
5 professionals (including the Administrative Di-
rector) and
7 clerical personnel.
The protessional
staff provides support servi(es in the following
areas
information systems acpvities, court sup-
port services, finanre and hudget artivines, per-
sonnel services, puhlic intormanon And liaison
activities, and planning and resvanh
[Const., Art. VIII, SI, (ode SS SI-1-17,
56-11-1. Administrative Dire(tor1
Quasi-Judicial Offifers
0
6.1.1 CIRCUIT COURT
6.2.1 Commissioner
d. The Circuit Court may appoint from four to
eight commission'ers, depending on the population
of
the circuit.
Inflividual courts establish the
qualifications for the position.
lhe (ommissioner
serves at the pleasure of the «nirt.
h. The commisioner has the power to take
depositions, to swear and examine witnesses, And
to certify their testimony.
[Code SS51-5-1, 56-7-1,
6.1.2 CIRCUIT COURT
6.2.2 Juvenile referee
a. The judge or judges of the
t innit tourt can
appoint one person who is qualified by edukation
and exlwrience to serve as a referee on A toll or
part-time blasts in each COUPIV.
b. A referee holds detention heartngs.
He is
not permitted to conduct hearings on the merits ot
any case.
A referee may order detention, hut his
decision is appealahle to the
luffge ot
the (Inuit
Court who appointed him, or, in some (Inuits, to
any one of a group of judg who appointed him.
[Code S49-5a,1 to S49-5a-hl
6.1.3 CIRCUIT COURT
6.2.3 Special Judge
a. A special
judge may he ele(ted bv the at-
torneys involved in
th;: (ase when a
judge is unahle
to attend ang, hold court.
The clerk of
the fourt
holds the election, declares the results, and
enters the same on the record.
The spfef fat
judge
is required to take an oath of oftice.
Thr".re ate
no fo
I
qualifications for this position, hut
tn
practi e special judges are local attornevs.
h. The special
judge asstinips the duties,
authorL
,
and responsfhility of the judge for whom
he ts presiding.
[Code S51-2-10 to S5I-2-121
'1
4rt
Figure 2:
West Virginia state-level admipistrative office of the courts, 1980,
Administrative
Director
11
Deputy
Director
Personnel
- Payroll
- ArcouAing
Audit
Budgeting
Purchasing
Training
fducation
Mi.
Assistant
Director
4
Assistant
Director
Magistrate cmurte
- Computer operatioNa
Legal
h
Stattliticn
Education and
- Records Management
.\\
training
- Grants management
Jury Management
Research
- Education and
trmining
4
472
-
N.
m
-,
Judicial Discipline.
pointed by the Supreme Court and two attorneys ap-
\
pointed by the bar's Board of Governors.
7.1.1 Judicial Iriquiry Cosimission.
The Judicial
\
[Rules 21
Inquiry Commission 6nsists of three Circuit Court \,.....7,21.2 Authority and procedure for santion.
The
judges appointed by the West Virginia Judicial As-
udicial Review Board i0convened to hear com-
sociatiod, two nonsttorneys appointed by Ole Su-
plaints find by the Judicial Inquiry Commission.
preme Court, snd,two attorneys appointed by the
At the conclusion of the public hearing and upon
bar's Board of Governors.
consideration of all tbe substantial, probative,
[Rules of Procedure for the Handling of Com-
and reliable evidence developed and upon arguments
plaints Against Justices, Judges and Magis-
presented, the board makes its recommendation to
trates (hereinafter Rules) 11
the Supreme Court.
Prior to the court's decision,
7.2.1 Authoritynd procedure for sanction.
The
the judge is afforded the opportunity to be heard.
Judicial Inquiry Commission receives complaints and
The court can dismiss the complaint, or it can
conducts a full investigation.
A hearing is not
direct that the judge be admonisheckakivately
permitted at this stage and no oral testimony is
reprimanded, publicly censured, temporarily sus-
token.
Tlite accused judge is Afforded an opportun-
pended for a period of up to 1 year without pay,
ity to submit a Atatement in writing.
If a reason-
or fined up to $5,m0 together with the costs,of
able basis exists for the complaint, the commission
the commission and board, or any combination there-
refers the charge to the Judicial Review Board
of.
It may also retire a judge who is eligible for
(reference following section) and notifies the
retirement if he is unable to perform his duties
accused adge st the same time,
because of advancing yeArs and attendant physical
[Rules 11
or ftental ir*apaciV.
0'
[Rule-s 21
7.1.2 Judicial Review Board.
The Judicial Review
Board consists of three CCrcuit Court Judges ap-
473
(I')
Figure 1:
Wisconsin court sysrem, 1980
SUPREME JUDICIAL COURT
7 justices ,
Jurisdiction:
- Final appellats jurisdiction over all courts
in the state.
- Limited original jurisdiction in cases of
of statewide concerA.
1r
COURT OF APPEALS (9)
12 judges
Jurisdiction:
- Original jurisdiction to issue prerogative
writs.
- Reviews decisions of lower courts and
administrative proceedings.
CIRCUIT COURT (69)
190 judges
Jurisdiction.
- Original civil (except probate, waall
claims).
- Original criminal.
- Juvenile matters.
Appeals
Jury trials.
ir
MUNICIPAL JUSTICE COURT (216)
216 judges
..-
Jurisdiction:
- Misdemeanors and municipal ordinance viola-
tion with fine less than $700, sentence less
than 6 onths.
No jury trials.
tIndicates route of appeal.
A
474
1
Court of
Last
resort
il
Intermediate
appellate
court
Court of
general
jurisdiction
Court of
limited
jurisdiction
WISCONSIN
Court of Last Resort
1.1 SUPREME COURT.
The court sits in Madison for
one session each year beginning on the second Tues-
day in August.
(Wisconsin Statutes Annotated (hereinafter
W.S.A.) 1251.061
1.2 Organization.
The court does not sit in
panels or divisions.
1.3 Jurisdiction
a. The Supreme Court has original jurisdiction
in cases of statewide couarn, such a! elections
and bond issues where the taking of evidence is not
required.
The court also may issue writs of habeas
corpus, mandamus, quo warranto, certiorari, injunc-
tion, and any other writs necessary to administer
justice.
b. The Supreme Court has appellate jurisdiction
over all matters of appeal, error, or complaint
from the decisions or judgments of Court,of Appeals
or of any Circuit or County Court.
The Wisconsin
Constitution provides that the Circuit Court has
appellate jurisdiction over all courts of limited
-juirisdiction.
As provided by statutes, however,
appeals in all but limited classes of cases are
heard by the Supreme Court.
These clamses include
appeals in misdemeanor cases, small claims cases,
and other limited cases.
(Constitution, Article VII, Sections 3, 8;
W.S.A. SS299.30 (1969), 751.05, 751.07, 974.01
(1969)1
1.4 Justices (7)
a. The court is presided over by a Chief Jus-
tice.
The justice with the longest continuous ser-
vice is designated as the Chief Justice.
If two
justices have served for the same length of time,
the justice whose term will expire first becomes
Chief Justice.
He completes his term in this role.
b. Supreme Court justices must be United States
citizens, must be qualified voters, must be between
the ages of 25 and 70 years, and must have prac-
ticed law for at least 5 years, and be licensed to
practice law in Wisconsin.
c. Regular terms of all Wisconsin justices and
judges are filled by elections held on a non-
partisan basis in the April general election.
If
more than two candidates file for a particular
judgeship, a primary election is held 4 weeks in
advance of the general election.
In the event of
a vacancy in any of the courts, the Governor is
empowered to appoint a replacement if the date of
'the next spring election is 90 days beyond the date
of appointment.
Supreme Court justices serve
10-year terms.
IConst., Art. VII, 114, 4(2), 9, 10; W.S.A.
118.11, 8.501
1.5 Administration
a. The Chief Justice is the head of the judi-
cial system.
Reference Section 5.1 (General admin-
istrative authority).
He exercises administration
475
aq supervision over the entire court system
th-rough the Administrator of Courts, the Executive
Officer, and the chief judges of the 14 judicial
administrative districts.
b..The Executive Officer is the administrator
of the Supreme Court and executive assistant to the
Chief Justice.
He is appointed by the Supreme
Court.
His responsibilities include supervision
of the offices of the Supreme Court clerk, the
marshall, and the reporter, and supervision of bud-
get preparation for the Supreme Court.
c. The Supreme Court appoints a clerk, who ap-
points a deputy clerk.
The clerk performs the fol-
lowing duties:
(1) Keeps custody of the seal of the court;
all books, recorfils, and papers; and all writs, pro-
ceedings, and papers of any action of the court.
(2) Supervises the handling of all moneys
or property deposited or placed in his possession
as clerk.
(3) Furnishes certified copies of papers,
records, opinions, and decisions.
(4) Furnishes to the reporter copies of all
opinions required by him.
(5) Issues writs and process to persons en-
titled to the same by law or the rules and practice
of the court.
(6) Makes a calendar of cases for argument
as the court directs.
(7) Gives certificates to attorneys on their
admission to practice in the court.
(8) Performs other required duties.
[Const., Art. VII, S12; W.S.A. SS251.21,
751.02; Wisconsin Appellate Practice and Pro-
cedure Study, pp. B-1 and 8-1]
1.6 Rule-making.
The Supreme Court prescribes
rules to regulate procedures in all courts.
The
Supreme Court has superintending and administrative
authority over all courts.
[Const., Art. VII, S31
Intermediate Appellate Court
2.1 COURT OF APPEALS.
The Court of Appeals has an
administrative headquarters in Madison.
The court
is made up of four districts:
District
I sits in
Milwaukee; District 2 sits in Waukesha, Fond du
Lac, and Racine; District 3 sits in Wausau, Eau
Claire, Superior, and Green Bay; and District 4
sits in Madison, La Crosse, and Stevens Point.
(W.S.A. S1752.05; 752.13; 752.15; 752.17,
752.191
2.2 Organization.
The state is divided into four
Court of Appeals districts.
The-court sits in
3-judge panels.
(W.S.A. 1752.031
2.3 Jurisdiction
a. The Court of Appeals has original jurisdic-
tion to issue necessary writs in aid of its juris-
diction.
491
b. The Court of Appeals has appellate jurisdic-
tion to review administrative proceedings, as the
legislature may provide bylaw.
(W.S.A. S752.01)
2.4 Judges (12)
a. The chief judge of the Court of Appeals is
appointed by the Supreme Court for a 3-year term.
b. Court of Appeals judges must meet the same
qualifications as Supreme Court justices.
Refer-
ence Section 1.4.b.
In addition, they must reside
within the districts in which they are elected.
c. Court of Appeals judges are elected for
6-year terms by popular election on a nonpartisan
bai-
[W.S.A. SS752.04; 752.071
2.5 Administration (Information not available)
2.6 Rule-making.
Reference Section 1.6.
Court of General Jurisdiction
3.1 CIRCUIT COURT (Information not available)
3.2 Organization.
Wisconsin is divided into 69
judicial circuits.
There is one county per circuit
except in three circuits where two counties are
combined to form a single circuit.
In counties
with a population of 500,000 or more, two dr more
circuit judges serve on the Family Court.
The
state is divided into 14 judicial administrative
districts for the pufpose of administering the
court system.
Each district includes all the
Circuit Courts within the district.
The chief
judge in each of the state's 14 judicial adminis-
trative districts designates whicH judge is to
exercise juvenile jurisdiction in every county hav-
ing two or more judges.
For counties having only
one circuit judge, that judge presides in juvenile
matte018 as well as all other matters.
(W.S.A. SS252.017; 757.60; Legislative Note to
W.S.A. S48.111
3.3 Jurisdiction
a. The Circuit Court has original jurisdiction
in all criminal and civil matters in the state un-
less exclusive jurisdiction is given to some other
court.
The Circuit Court is referred to as the
Family Court when hearing domestic relations, juve-
nile matters, welfare fraud, and mental commitments
in counties with a population of 500,000 (Milwaukee
County).
b. The Wisconsin Constitution provides that the
Circuit Court has appellate jurisdiction over lim-
ited jurisdiction courts in the state.
[Const., Art. VII, SS7, 8, W.S.A. SS252.017,
753.03]
3.4 Judges (190)
a. The Circuit Courts do not have a chief judge
over all the circuits.
Each judicial administra-
tive district has a chief judge, who is appointed
by the Supreme Court.
The chief judges serve for
2-year terms.
No chief judge may serve more than
three succesSive terms of office.
b. Circuit Court judges must meet the same
,
qualifications as Court of Appeals judges.
Refer-
ence Section 2.4.b.
c. Circuit Court judges are selected in the
same mannef as Supreme Court justices.
Reference
Section 1.4.c.
They serve 6-year terms.
(W.S.A. Si753.01, 757.61; 757.641)
3.5 Administration
a. Whereas there is no provision for a chief
judge over all the'Circuit Courts, there is a chief
judge for each of the judicial administrative dis-
tricts, who is responsible for such matters as per-
\sonnel and financial administration, caseflow man-
agement, calling and presiding over meetings of the
circuit judges *ithin the district, and repre-
sentin/ the court before other branches of govern-
ment, other courts, and- the news media.
b. There are no proyisions for an administrator
over all the Circuit Courts or for administrators
for the 14 judicial admintstrstive districts.
Re-
ference Section 5.2.b (state-level
dministrator).
c. The clerks keep all court re ords and are
generally considered responsible fo4 most support
personnel.
(W.S.A. SS59.39, 757.63(2), 757. 3(3)(a),
757.63(3)(b), S751.63(3)(f), S75
63(3)(g),
757.63(3)(j); Citizens Study Commi tee on
Judicial Organization, Report, p. 951
3.6 Rule-making.
Reference Section 1.6.
The Board
of Circuit Judges, made up of all the Circuit Court
judges, has established rules of Circuit Court pro-
cedure consistent with rules prescribed by the Su-
preme Court, and meets at least annually to ex-
change ideas and recommend changes in procedures.
[W.S.A. S252.08]
Cpurt of Limited ox Special Jurisdiction
4.1 MUNICIPAL JUSTICE COURT (Information not
available)
4.2 Organization.
Each city, town, or village may
locally establish.a Municipal Court.
A municipal-
ity may establish is many branches of the court as
it deemsrnecessary.
[W.S.A. St755.01, 755.01(3)]
4.3 Jurisdiction
a. The Municipal Justice Court hØ jurisdkCtion
over all municipal ordinance violati ns
b. The Municipal Justice Court has'1q appellate
jurisdiction.
[W.S.A. S755.045]
4.4 Judges (216)
a. The Municipal Justice Courts do not have
presiding judges.
b. Municipal Justice Court judges are not re-
quired to have legal training.
c. Municipal Court judges are selected in the
same manner as Supreme Court justices.
Reference
Section 1.4.c.
Municipal Court judges are elected
every 2 to 4 years, depending on the municipal
election.
[W.S.A. S755.02; National Survey of Court Or-
ganization, p. 249]
4.5 AdmiBistration
a. Aere are no provisions for presiding
judges for the Municipal Courts.
b. There are no provisions for administrators
for the Municipal Courts.
Reference Section 5.2.b
state-level administrator).
c. Municipal Court judges appoint clerks and
deputy clerks as authorized by the Municipal Coun-
cil or Board.
[W.S.A. 1755.101
4.6 Rule-making.
Reference Section 1.6.
State-Level Administration
5.1 Generdministrative authority.
The Chief
Justice is head of the judicial system.
He may
assign any judge to aid in the proper disposition
of judicial business in any other court except the
Supreme Court.
Reference Section 1.5.a.
5.2 Office of Administration of Courts
a. (Information not available)
b. Administrator of Courts
(I) (Information not available)
416,1 L15
../.---N,_
<-----}---1/
......--
4
%
No information ts available on the structure of the
Wisconsin Office of Administration of the Courts.
6
vd
9
477
4 G
r
-s
(2) The Administrator of Courts must be a
graduate of an accredited college or university (a
law degree is desirable).
He must also have demon-
strated professional work experience in court ad-
ministration.
The Administrator of Courts is ap-
pointed by the Supreme Court.
(3) The Administrator of Court is re-
sponsible for gathering statistical reports on
caseload and information about the judicial busi-
ness of trial courts in the state; conducting re-
search and formulating recommendations on court
organization and functions (there is a planning
department in his office), reporting to the
Governor, the legislature, and the Supreme Court
every 2 years on the operation of the court system;
and disseminating information on the operation of
the state court system.
c. Office Organization.
The Executive Officer,
who functions as the administrator of the Supreme
Court, also works out of the Office of Administra-
tion of Courts.
He is appointed by the Supreme
Court.
He has a number of responsibilities relat-
ing to the administration of the Supreme Court.
Reference Section 1.5.b.
Each of these officers
has his own staff.
[W.S.A. SS257.15, 257.19, 257.19(2), The
Wisconsin Judicial System, p. 4, State Court
Administrators, p.
114,
115; Administrator of
Courts and Executive Officer)
Quasi-Judicial Officers
6.1 CIRCUIT COURT
6.2 Court commissioner
a. Full-time court commissioners are appointed
by the chief judge of each judicial administrative
district.
In each county the circuit judges ap-
point part-time commissioners as needed.
All court
commissioners appointed after May 16, 1978, other
than official court reporters, must be attorneys
licensed to practice law in the state.
b. On authority de/egated by a judge, which may
be a standard order, and with the approval of the
chief judge, a court commissioner appointed under
W.S.A. S757.68 may perform the following duties:
direct a case to the proper court if the defendant
wishes to enter a plea after intelligent waiver of
rights; in criminal matters, issue summonses, ar-
rest warrants, or search warrants and conduct
initial appearances of persons arrested and set
bail to the same extent as a judge; conduct initial
appearances in all traffic cases, conduct initial
return a
earances and conciliation conferences in
small cla ms type actions; condikt noncontested
probate pr
teding, Issue warrants and capiases
for those who
not appear as sumoned; in juvenile
matters, issue summonses and warrants, order the
release or detention of children apprehended, con-
a
478
duct detention and shelter care hearings, conduct
preliminary appearances, and enter into consent
decrees; and hear petitions for commitment and con-
duct probate cause hearings.
Judges may refer cer-
tain cases to commissioners, such as when the trial
of an issue of fact requires the examiPation of an
account, in which case the court commissioner may
be directed to report upon any specific question
of fact involved therein.
Court commissioners may
also officiate at a marriage ceremony; issue sub-
poenas and attachments or other process to compel
the attendance of witnesses, administer oaths and
affidavits, take depositions and testimony when
authorized by law or rule or ordor, and certify and
report the depositions and testimony, and other
duties as listed under W.S.A. S757.69
[W.S.A. SS757.68, 757.69)
Judicial Discipline
7.1 Judicial Commission.
The commission consists
of nine members:
five nonlawyers, nominated by the
Governor and appointed with the advice and consent
of the Senate, one Court of Appeals judge and one
trial judgeiof a court of record, appointed by the
Supreme CouIrt; and two members of the state bar of
Wisconsin who are not judges, appointed by the
Supreme Court.
[W.S.A. S757.83)
7.2 Authority and procedure for sanction.
The
commission investigates any possible misconduct or
disability of a judge.
Subpoenas may be issued to
compel the attendance and testimony of witnesses
and to command the production of books, papers,
documents, or tangible things connected with the
investigation.
Before finding probable cause, the
commission must notify the judge of the substance
of the complaint or petition and must afford the
judge a reasonable opportunity to respond.
If the
judge responds, the commission considers the re-
sponse before it finds probable cause.
A record
is kept of any hearing on a formal complaint or
petition.
The hearing may be before a panel made
up of three Court of Appeals judges or before a
jury, if requested by the commission.
If the hear-
ing is by a panel, the panel makes findings of
fact, conclusions of law, and recommendations re7
garding appropriate diaciOline for misconduct or
appropriate action for disability with the Supreme
Court.
If the hearing is by a jury, the presiding
judge files the jury verdict and his recommenda-
tions with the Supreme Court.
The Supreme Court
reviews the findings of fact, conclusions of law,
and recommendations4. and determines appropriate
discipline or appropriate action in cases of dis-
ability.
[W.S.A. SS757.85, 757.89, 757.91)
WYOMING
Court of Last Resort
1.1 SUPREME COURT.
The Supreme Court holds at
least two terms annually in the capital city of
Cheyenne.
[Constitution, Article 5, Section 7]
1.2 Organization.
There are no provisions for
panels in the Supreme Court.
A majority of the
five justices on the court constitutes a quorum,
and the concurrence of a majority of such quorum
is sufficient to decide any'natter.
[Const., Art. 5, S4(a)]
1.3 Jurisdiction
a. The Supreme Court has original jurisdiction
in quo warranto and mandamus directed to state
officials, and in habeas corpus.
The court also
has the power to issue writs of mandamus, review,
prohibition, habeas corpus, certiorari, and other
writs necessary for the exercise of its appellate
and revisory jurisdiction.
The court has the
authority to estiblish rules and regulations
establishing practice and procedure for disci-
plining, suspending, and disbarring practicing
attorneys in Wyoming.
b. The Supreme Court has general appellate
jurisdiction, coextensive with the state, in all
criminal and civil cases.
[Const., Art. 5, SS2, 3; Wyoming Statutes
Annotated (hereinafter W.S.A.) Section
5-2-118(A)(iii)]
1.4 Justices (5)
a. The Chief Justice serves at the pleasure of
the Court;',.
b. SuPTeme Court justices must be at least 30
years of age, must be United States citizens, and
must have been residents of the state for at least
3 years.
They must be learned in the law, having
practiced law at least 9 years, or they must have
a combination of judicial service in any court of
record and practice of law that equals 9 years.
c. Supreme Court justices are appointed by the
Governor from a list of nominees submitted by the
Judicial Nominating Commission (reference Table 12:
Characteristqs of judicial nominating commissions)
and stand for retention in office at the next gen-
ral election after completing 1 year in office.
Justices serve 8-year terms after which they must
again stand for retention
[Const., Art. 5, SS4/( I)) , 4(g), 8; Court Admin-
istrator)
1.
Administration
a. The Supreme Court exercises administration
and supervision over the entire court system
through the Chief Justice, the Court Administrator,
and the Court Coordinator.
Reference Section 5.1
(General administrative authority).
The Chief
Justice is the chief administrator for the system.
With regard to the adminisiration of the Supreme
Court, he performs the following duties:
schedules
and calls sessionsfpf court, assignment meetings,
weekly conferences, opinion meetings, and other
meetings of the court; assigns cases for opinion
writing; appointi members of the judiciary to sit
in place of any justice who is disqualified or
unable for any other reason to sit on any case;
appoints members of the court to such committees
as may be constituted for standing or special
purposes; supervises assignment of space to court
personnel; approves employment of members of court
staff; and assigns additional duties to justices
as required.
b. The Court Coordinator provides administra-
tive service to the Supreme Court.
He also per-
forms legal duties for the court including rule-
drafting and legislative relations.
In addition,
he monitors the operations of the County Court, the
Justice of the Peace Court, and the Municipal
Court.
The Court Admini8trat4r has supervisory and
management responsibilities over Supreme Court
staff members who work in administrative and non-
legal positions.
Reference Section 5.2.b (state-
level administrator).
c. The clerk of the Supreme Court is both a
constitutionally and a statutorily authorized
position.
The clerk is responsible for maintaining
the records of the Supreme Court and performing all
functions related to the filing of papers, the
collection of fees,,the announcement of decisions,
the distribution of opinions, and the admission of
attorneys.
The clerk also performs office manage-
ment duties.
[Const., Art. 5,,S9;W.S.A. S5-2-102; Rule 1,
Internal Operating Procedures, Supreme Court;
Personnel Manual, Supreme Court; Court Adminis-
mp6
trator]
01.6 Rule-making.
The Supreme Court of Wyoming has
the power to adopt, modify, and repeal general
rules and forms governing pleading, practice, and
procedure in all courts of the state, for the pur-
pose of promoting the speedy and efficient deter-
.
fmination of litigation upon its merits.
The court
also has general superintending coqtrol over all
other courts in the state, and specific rule-making
authority with regard to the administration of the
business of the District Court.
[Const., Art. 5, S2; W.S.A. SS5-2-114; 5-3-102,
Court Administrator]
479
Intermediate Appellate Court
2.0 There Ts no intermediate appellate court in
Wyoming.
Court of General Jurisdiction
3.1 DISTRICT COURT.
The District Court holds
terms as prescribed by law.
Sections 5-3-101 of
the Wyoming Statutes Annotated 1977 sets forth
4
It
Figure 1:
Wyoming court system, 1980
SUPREME COURT
5 justfces
Jurisdiction:
Original jurisdiction to hear extraordinary
write.
- Appellate jurisdiction in civil and
criminal cases from District Court.
DISTRICT COURT (9)
15 judges
Jurisdiction.
- Original jurisdiction in all civil actions,
law and equity.
Exclusive jurisdiction in
probate, guardianship, adoption, and civil
commitment metiers.
- Originel jurisdiction in criminal matters.
- Exclusive Juvenile code jurisdiction
(excluding ordinance and traffic
violations).
Appeals on taped records.
Jury trials.
It
MEMO'
Court of
last
resort
Court of
general
jurisdiction
COUNTY COURT (2)
4 judges
(Located in Laramie and Natrona
JUSTICE OF THE PEACE COURT (38)
43 justices of the peace
Jurisdiction:
MUNICIPAL COURT (74)
77 police justices
Jurisdiction.
Counties)
Civil actions under $4,000,
Exclusive jurisdiction over
Courts o?,^N
Jurisdiction.
except title to real estate
municipal ordinance viola-
limited
- Civil actions under $7,000,
xcept real estate matters.
Misdemeanors in which punish-
ment does not exceed $750 fine
tions in which punishment
does not exceed $200 fine or
jurisdiction
- Misdemeanors, preliminary
hearings.
or 6 months imprisonment, pre-
liminary hearings.
90 days imprisonment.
Jury trials.
Jury trials.
111
Indicates rmIte of appeal.
Jury trials.
480
the beginning dates of terms of court in each
county.
(Const., Art. 5, S241
3.2 Organization.
The state of Wyoming is divided
into nine judicial districts.
There is a District
Court in each of the districts.
The legislature
makes provisions for attaching unorganized counties
(new counties) to organized counties for judicial
purposes.
There are no specialized divisions of
the court.
(Const., Art. 9, S24; Court Administrator]
3.3 Jurisdiction
a. The District Court has original jurisdiction
in all criminal cases as well as in all cases in
law and equity.
The courts have the power to issue
writs of mandamus, quo warranto, review, certio-
rari, prohibition, injunction, and writs of habeas
corpus, on petition by or on behalf of any person
in actual custody in their respective districts.
b. The District Court has appellate juris-
diction over cases from courts of limited juris-
diction in the counties of the districts as may be
prescribed by law.
(Const., Art.
5, §10]
3.4 Judges (15)
a. The District Court does not have a chief
judge over all the districts.
In multiple-judge
districts, the judges select one of their number
to act as coordinator.
If no coordinator is se-
lected, the Supreme Court may designate one.
b. District Court judges must be practicing
attorneys, must be at least 28 years of age, must
be citizens of the United States, and must have
been residents of Wyoming for at least 2 years
preceding their election.
c. District Court judges are appointed by the
Governor from a list of nominees submitted by the
Judicial Nominating Commission (reference Table
12:
Characteristics of judicial nominating commis-
sions). They must stand for retention in office in
the same manner as Supreme Court justices.
Refer-
ence Section 1.4.c.
They serve 6-year terms.
[Const., Art. 5, S§4(f), 12, 19; Rule 7, Rules
of the Supreme Court of Wyoming]
3.5 Administration
a. There are no provisions for a chief judge
over all the districts of the District Court.
In
multiple-judge districts, the cie4dinator has re-.
sponsibility for administration"0 the district.
b. There are no provisions for an administrator
over all the districts of the District Court or for
administrators for the individual districts.
Ref-
erence Section 5.2.b (state-level administrator).
c. District Court clerks are elected at general
elections by the voters of the counties.
The
clerks are responsible for receiving and recording
all cases filed.
They have care and custody of all
the records, seal, books, papers, and property
pertaining to their office.
They are also respon-
sible for receiving, accounting for, and paying
over all money that comes into the possession of
the court except that received by master commis-
sioners; and they attend all terms of court held
in the county.
(W.S.A. §5-3-202; Rule 7, Rules of the Supreme
Court of Wyoming]
3.6 Rule-making.
The Supreme Court makes rules and
regulations for the District Court.
The individual
districts may promulgate local rules of court,
subject to Supreme Court approval.
(Const., Art. 5, S2; W.S.A. §5-3-102; Rule 7,
Rules of the Supreme Court of Wyoming]
481
Courts of Limited or Special Jurisdiction
4.1.1 COUNTY COURT.
The County Court sits in
continuous session.
(Court Administrator]
4.2.1 Organization.
A County Court must be estab-
lished in any county with a population of more than
30,000, according to the latest official federal
census.
In counties of less than 30,000, the es-
tablishment of a county court is optional for the
Board of County Commissioners.
It is a court of
record.
As of 1980, County Courts exist in
Laramie and Natrona Counties.
(W.S.A. §§5-5-102, 5-5-1031
4.3.1. Jurisdiction
a. The County Court has jurisdiction over all
misdemeanors, over civil actions not exceeding
$7,000, and over actions for forcible entry and
detainer.
The County Court, however, does not have
jurisdiction over actions to determine the bound-
aries or title to real property.
b. The County Court has no appellate jurisdic-
tion.
(W.S.A. §§5-5-131, 5-5-132, 5-5-133; Court
Administrator]
4.4.1 Judges (4)
a. The County Court does not have prediding
judges.
b. Coynty Court judges must be authorized to
practice law in Wyoming and must be electors of
their respective counties.
The position of County
Court judge is a full-time position.
c. County Court judges are appointed by the
Governor from a list of notainees submitted by the
Judicial Nominating Commission (reference Table
12:
Characteristics of judicial nominating commis-
sions). They must stand for retention in office in
the same manner as Supreme Court justices.
Refer-
ence section 1.4.c.
They serve 4-year terms.
(W.S.A. §§5-5-110, 5-5-111, 5-5-112; Court
Administrator]
4.5.1 Administration
a. There are no provisions for presiding judges
for the County Court.
b. There are no provisions for court adminstra-
tors for the County Court.
c. There are no statutory provisions for
clerkb, but both County Courts have clerks, ap-
pointed by the judges.
They have responsibilities
as determined by the court.
(Court Administrator]
4.6.1 Rule-making.
The Supreme Court promulgates
rules for the County Court.
(W.S.A. §5-5-1081
4.1.2 JUSTICE OF THE PEACE COURT.
The Justice of
the Peace Court sits in continuous session.
(Court Administrator]
4.2.2 Organization.
A Justice of the Peace Court
is located in each county of the state except
where replaced by a"County Court.
There are no
specialized divisions of the court.
(W.S.A. S5-5-1051
4.3.2 Jurisdiction
a. The Justice of the Peace Court has jurisdic-
tion in public offenses below the grade of felony,
in which the punishment does not exceed a $750 fine
or 6 months of imprisonment.
The court also has
jurisdiction in all civil actions where the amount
in controversy, exclusive of costs, does not exceed
$4,000.
Jurisdiction is concurrent with the Dis-
trict Court in controversies involving any amount
in excess of $500.
5 0
b. The Justice of the Peace Court has no
appellate jurisdiction.
[W.S.A. SS5-4-106, 7-16-101; Court Adminis-
trator],
4.4.2 Judges (43 justices of the peace)
a. The Justice of the Peace Court does not
have presiding judges.
b. Justices of the peace must be qualified
.
voters in the counties in which their courts are
located.
c. Justices of the peace are elected or, if
none are elected, they are appointed by the county
boards.
They serve 4-year terms.
[W.S.A. SS5-4-101, 5-4-104, 5-4-201(b); Court
Administrator]
4.5.2 Administration
a. There are no provisions for presiding judges
for the Justice of the Peace Court.
b. There are no provisions for administrators
foc the Justice of the Peace Court.
Reference
Section 5.2.b (state-level administrator).
c. Clerkn for the Justice of the Peace Court
are selected by the county commissioners (county
governing board) where they exist, with thr advice
of the justices of the peace.
They have responsi-
bilities as determined by their respective courts.
[Court Administrator]
4.6.2 Rule-making.
The Supreme Court may promul-
gate rules and regulations for the Justice of the
Peace Court.
[W.S.A. 55-4-207]
4.1.3 MUNICIPAL COURT.
The Municipal Court slits
in continuous session.
[Court Administrator]
4.2.3 Organization.
There 'are Municipal Courts tn
74 municipalities in the state of Wyomtng.
There
are no specialized divisions of the court.
[Court Administrator]
4.3.3 Jurisdiction
a. The jurisdiction of the Municipal Court,
prescribed by municipal charter,
is limited to
municipal ordinance violations punishable by a
maximum fine of $200 or 90 days of imprisonment.
b. The Municipal Court has no appellate juris-
diction.
[W.S.A. SS5.-6-102, 5-6-201]
4.4.3 Judges (77 police justices).
The statutes
provide that the municipality prescribes the num-
ber of judges per court. The judges are known as
police justices.
a. The Municipal Court does not have presiding
judges.
b. Police justices of the Municipal Court must
be qualified voters and residents of the counties
tn which their courts are located.
A justice of
the peace may be appointed to the office of police
justice of a Municipal Court by the local governing
board.
c. Municipal Court police justices are appointed
by the mayors with the consent of the city coun-
cils.
Terms arr prescribed by 1pcal ordinance.
[W.S.A. SS5-4-201, 5-4-204, 5-6-103,.5-6-104;
Court Administrator]
4.5.3 Administration
a. There are no provisions for presiding judges
for the Municipal Court.
b. There are no provisions for administrators
for the Municipal Court.
Reference Section 5.2.b
(state-level administrator).
c. There are no provisions for clerks for the
Municipal Court.
4.6.3 Rule-makin/.
The Supreme Court may promul-
gate rules and regulations for the Municipal
Court.
A municipality may provide active rules
that do not conflict with the untform state pro-
visions.
[W.S.A. 15-6-1061
State-Level Administration
5.1 General administrative authority.
Administra-
tive authority for the state judicial system is
vested tn the Supreme Court.
The Chief Justice is
the chief administrator for the system.
Reference
Section 1.5.a.
[W.S.A. S5-2-102]
5.2 Office of the Court Administrator
a. The office of the Court Administrator is not
authorized by statute or constitution.
b. Court Administrator
(1) The position of Court Administrator was
created by Supreme Court order in 1980.
(2) The Court Administrator is appointed by
the Supreme Court.
The qualifications for this
position Include a college degree with graduate
work in judicial administration, law, public admin-
istration, or a related field.
He must also have
at
least
5 years of experience in court administra-
tion, the ability to supervise court administrative
personnel, and the ability to analyze and formulate
solutions to management issues involving court
operations.
(3) The duties of the Court Administrator
include the following:
supervision of the fiscal
control office, design and coordination of statis-
tical data collection from all courts; supervision
of the law library; review of the administration
of the Supreme Court (makes recommendations for im-
provements in administrative procedures); the
handling of personnel matters concerning nonlegal
employees of the Supreme Court; day-to-day control
over the expenditures of the Supreme Court (subject
to the discretion of the Chief Justice); liaison
with other state agencies concerning administrative
matters; and other work as assigned by the Chief
Justice or Supreme Court.
c. Court Coordinator
(1) The position of Court Coordinator was
created by Supreme Court order in 1975.
(2) The Court Coordinator is appointed by
the Supreme Court.
The qualifications include a
law degree and at least 5 years of experience as a
practicing lawyer, preferably in Wyoming.
(3) The dottes of the Court Coordinator
include rule-drafting, overseeing thr operation of
the limited jurisdiction courts and continuing
education of judges of those courts, and other
legal staff work as assigned by the Chief Justice.
d. Office organization.
The Office of the
Court Administrator consists of 4 people:
3 pro-
fessionals (including the Court Administrator), and
1
secretary.
The professional staff provides sup-
port services in the following areas:
facilities
management; accounting and budgeting; training and
publications; legislative, executive, public, and
media information; and planning and research
activities, whtch include judtcial planning,
statistical analysts, and legal services.
[Supreme Court Order, State of Wyoming 1980;
Personnel Manual, Supreme Court of Wyoming;
Court Administrator]
Quas t-Judic tal Of f tcers
482
"LIA.
Figure 2:
Wyoming state-level administrative office of the courts, 1980
Fiscal
Officer
1
I
Assistant
Court
Planner,
Secretary
r;,-, 0
46 0 '-
6.1.1 DISTRICT COURT
6.2.1 Commissioner
a. Commiesioners must be learned in the law,
must be residents of the counties for which they
are appointed, and must be citizens of the state.
Commissioners are appointed by the District Court,
as necessary, to serve at the court's pleasure.
b. Commissioners have the authority of a dis-
trict judge -at chambers," in the absence or dis-
ability of the judge.
They may determine cases of
insanity or mental incompetence.
In juvenile
matters, the commissioner may conduct detention
hearings in the absence of a judge, but may not
make a final order of adjudication or disposition.
[W.S.A. SS5-3-302, 5-3-303, 5-3-307]
6.1.2 COUNTY COURT
6.2.2. Commissioner
a. The District Court may appoint gommissioners
of the County Court, to serve at the pleasure of
the District Court.
Commissioners must be voters
of the county in which they are appointed and must
be learned in the law.
b. A commissioner of the County Court may con-
duct arraignments in misdemeanor cases, conduct
initial appearance proceedings in felony cases,
issues warrants, and fix and accept bail.
At the
direction of the County Court judge, a commissioner
has all the powers and duties of a County Court
judge in the event of the absence, disability, or
disqualification of the county judge and at the
direction of the county judge or the Supreme Court.
[W.S.A. SS5-5-162, 5-5-163, 5-5-164, 5-5-167]
Judicial Discipline
7.1 Judicial Supervisory Commission.
The commis-
sion consists of 7 members:
2 judges of the Dis-
trict Court, elected by the district judges; 2 mem-
bers of the Wyoming State Bareo have practiced
law in the state for 10 years, appointed by the
governing body of the Wyoming State Bar; and 3
voters of the state who are not judges, retired
judges, or members of the Wyoming State Bar, ap-
484
pointed by the Governor and approved by the Senate
with a majority of the membership concurring.
(Conat., Art. 5, S6(a))
7.2 Authority and procedure for sanction.
The com-
mission holds a preliminary investigation to deter-
mine whether formal proceedings should be institu-
ted and a hearing held.
If the commission decides
that formal proceedings should be instituted, the
commission issues a written notice to the judge.
He may file a written answer to the charges against
him within 15 days after service of the notice
A
subpoena is issued for any witness or wit
The judge has the right and opportunity to defend
against the charges by the introduction of evi-
dence, to be represented by counsel, and to examine
and cross-examine witnesses.
If the commission
finds good cause, upon a vote of five of the mem-
bers, it recommends to the Supreme Court the
censure, retirement, or removal of the judge.
On
recommendation of the Judicial Supervisory Commits-
sion, or on its own motion, the Supreme Court may
suspend a justice or judge fromoffice without
salary when he pleads guilty or no contest or is
found guilty of a felony or offense involving moral
turpitude under Wyoming or federal law.
If his
conviction is reversed, suspension terminates, and
he will be paid his salary for the period of sus-
pension.
If he is suspended and his conviction
becomes final, the Supreme Court removes him from
office.
On recommendation of the Judicial Super-
visory Commission, the Supreme Court may retire a
justice or judge for disability that seriously
interferes with the performance of his duties and
is, or is likely to become, permanent.
The Supreme
Court can censure or remove a Judge for actions
occurring during, or not more than 6 years prior
to the commencement of his current term, that con-
stitute willful misconduct in office, failure to
perform his duties, habitual intemperance, or con-
duct that bringa the judiciary into disrepute.
[Const., Art. 5, S6(d)(e); Judicial Supervisory
Commission Rules, State of Wyoming, Rules 9,
12, 13, 16]
AMERICAN SAMOA
Court of Last Resort
1.1 APPELLATE DIVISION OF THE HIGH COURT.
Ses-
sions of the Appellate Division are held in the
village of Fagatogo, Tutuila, or in other villages
as may be designated by the Chief Justice.
By
statute the court must hold regular sessions.
In
practice, the Appellate Division convenes twice a
year (usually Spring and Fall) for one to two
weeks, depending on the caseload.
(5 American Samoa Code (hereinafter A.S.C.)
402(c), 408(b) and (e)]
1.2 Organization.
The Appellate Division consists
of the Chief Justice, associate justice and acting
associate justices appointed by the U.S. Secretary
of Interior (in practice these acting associate
justices are Federal judges, usually from the 9th
Circuit Court of Appeals, and District Court judges
from the southern district of California), and all
associate judges.
Sessions of the Appellate Di-
vision are held before three justices and two as-
sociate judges.
The presence of two lustIces and
one associate judge is necessary to constitute a
quorum for the trial and determination of a case
or controversy.
(5 A.S.C. 408(b))
1.3 Jurisdiction
a. The Appellate Division has no original ju-
risdiction.
b. The Appellate Division has jurisdiction to
review, on appeal, final decisions of the Trial
Division and the Land and Titles Division of the
High Court, matters on appeal from the District
Court as provided by law, appeals of decisions of
administrative agencies as provided by law, and
appeals of other matters as provided by statute.
(5 A.S.C. 402(c)]
1.4 Justices (4; and not less than 5 associate
12111.1)
a. The Chief Justice and associate justices are
appointed by the U.S. Secretary of Interior and
serve until removed for cause.
b. By statute, the justices (excluding acting
associate justices who are federal judges) must be
learned in the law.
Although the Secretary of In-
terior is not bound by the rules of the Federal
judiciary, it appears he has followed them in the
past when selecting justices.
There are no statu-
tory qualifications for associate judges, however,
factors considered in making the selection are:
the title held, the geographical location within
the Territory from which they come, previous gov-
rnmental or legal background, and past ervice
rendered to the community.
c. Associate judges are appointed by the
Governor of American Samoa upon recommendation of
the Chief Justice, and are confirmed by the
American Samoan Senate.
Associate judges hold of-
fice for a term of 4 years which may be renewed.
485
They may be removed by the Chief Justice for cause.
Upon attaining the mandatory retirement age of 65,
they must be separated ftom government employment
unless the separation requirement is waived by the
Governor.
Immediately after retirement, they are
added to the panel of temporary associate judges
and are not subject to the confirmation provisions
described above.
Acting associate justices are ap-
pointed"by the U.S. Secretary of Interior, but
serve one term only, which usually lasts one to two
weeks.
(5 A.S.C. SS201(a), 201(b), 204(d), 408(b))
1.5 Administration
a. The Chief Justice has general supervisory
authority over all courts in the Territory and des-
ignatea the panels for the Appellate Division.
b. There is no administrator for the Appellate
Division of the High Court.
Reference Section 5.1
(State-Level Administration).
c. The clerk of the High Court serves as clerk
of the Appellate Division.
Reference Section
3.5.c.
1.6 Rule-makinii.
The Chief Justice is authorized
to make rules regulating the pleading, practice,
administration, and procedure and conduct of busi-
ness for all courts in American Samoa.
[5 A.S.C. 202(c)]
Intermediate Appellate Court
2.0 There is no intermediate appellate court in
American Samoa.
Court of General Jurisdiction
3.1 HIGH COURT OF AMERICAN SAMOA.
Although by
statute the High Court must hold only regular ses-
sions of all divisions, in practice it meets
throughout the year.-
(5 A.S.C. 408(e)]
3.2 Organization.
The High Court consists of the
Appellate Division (discussed above), the Trial
Division, and the Land and Titles Division.
The
Trial Division consists of the Chief Justice, one
associate justice, and all the associate judges.
Sessions of the Trial Division are ordinarily held
before a justice and two associate judges.
The
presence of a justice and one associate judge is
necessary to constitute a quorum for the trial and
determination of a case or controversy.
The Land
and Titles Division consists of the Chief Justice,
one associate justice, and all the associate
judges.
In the Land and Titles Division, all con-
troversies relating to land must be heard and de-
cided by a justice and two associate judges.
The
presence of a justice and one associate judge is
necessary to constitute a quorum for the trial and
determination of a case or controversy.
In the
Land and Titles Division all controversies relating
-
;) aut 1
Figure 1:
American Samoa court system, 1980
APPILLATK DIVISION Of THK MICR COURT
a justices; not Isms than 5 silsocists Justices
Juriediction:
- Review mf final decisions.
'Trial and Land
end Titles Divisions of the tigh Court,
tholle decisions of the Distr$ct Court as
provided by law, end decisioes of adednis -
teatime Agencies and other matters.
HIGH COURT Of AMERICAN SAMOA
2 justice. (vho also
11111TVO in the
end not less than 5 Judges
TRIAL DIVISION
Jurisdiction:
- Civil over $3,000 xcept land
and titles matters; admiralty
and maritime setters; probate;
domestic relations xcept for
adoption and U.R.E.S.A.
- Criminal flony getters.
Appeals de novo of District Court
cam in which no tenoeraphic
record exists.
Appellsta Divii011 of the High Court)
_
LAND MAO TITLES DIVISION
1 Jude. (designated as chief
associate judge) serve.
JurisdIction:
All netters relating to motet
titles and controversies relating
to land.
t
DISTRICT COURT
1
judge
Jurisdiction:
- Civil under $3,000 except metal titlee end
land setters; adoption, U.R.E.S.A.,
matters under the Occupational Health and
Safety Act; public health offenses.
- Misdemeanors and other criminal cases with
sentence of imprisonment less than
I
year,
preliainery hearings.
Non-felony traffic.
Appeals de novo from the Villas. Court,
v
t
VILLAGE COURT
associate justices of the High Court 00000
Jurisdiction:
- Csuasa ariaine under the regulations of
each respective village.
111'
Indicates routs of appeal.
-
414;1,3
,...-----..
=1/
=MEI,
.1111,
Court of
last
resort
Court of
general
jurisdiction
Courts of
limited
jurisdiction
o
to metal titles must be heard by a justice and four
aociate judges.
Ihe presence of a justice and
three associate judges is necessary to constitute
a quorum for the trial and determination of
a case
or controversy.
[5 A.S.C. 408(c) and (d)I
3.3 Jurisdiction
a. The Trial Division of the High Court
is a
court of general jurisdiction with the power to
hear any matter not otherwise provided for by
statute.
-NorW.LtrieTenfLimg the foregoing, the Trial
Divisidn'ot HI; High Court has'ortginal jurisiic-
tion over the tolloiaing classes and controversies.
civil CaSPS in which the amount
in controversy ex-
ceeds 0,000, except land and titles matters, crigr
trial cases
Cri which a felony is charged, admiral-Cy
and maritime matters over which the trial division
has both in rrm and ln personem jurisdiction, ju-
venile cases, probate of wills and adminis-
tration of estates, domestic relations, except
adoptions and actions arising under the Uniform
Reciprocal Enforcement of Support Act, all writs,
and all other matters over which the Trial Divi-
sion is given jurisdiction by statute.
The Lend and Titles Division has exclusive
jurisdiction in ail matters relating to metal ti-
tles and in all controversies relating to land.
b. Final decisions of the District Court may
be appealed to the High Court.
Upon appeal, cases
or controversies in which there is no stenographic
record are tried de novo by the Trial Division of
the High Court.
A.S.C. SS402(b) and (c), 5071
3.4 Justices (2 Justices that also serve in the
Appellate Division of the High Court and not less
than 5 judges)
a. The Chief justice sits as presiding judge
of the High Court..
b. Reference Section 1.4.b (Justices).
c. Reference Secikion I.4.c (Justices).
3.5 Administration
a. The Chief Justice or his designee desig-
nates which judges sit on any given panel.
The
Chlef Justice and associate justice are not per-
mitted to sit on the same panel, and the one who
is sitting is the presiding justice for that panel.
The Chief Justice designates one judge as chief
associate judge to preside over the Land and Titles
Diviaion and to be responsible for the general ad-
ministration of that division.
In the past, the
chief associate judge chosen has been the senior
associate judge as measured by time in service.
b. There is no provision for an administrator
in the High Court.
Reference Section 5.1 (State-
Level Administration).
c. The Ilerk and his deputies are appointed
by the Chief Justice and are subject to removal by
him.
The clerk of the High Court records its pro-
ceedings and is the custodian of the records,
papers, and seal of the Court.
[5 A.S.C. 204(b) and (c), 406, 407, 408 (f)1
3.6 Rule-Making.
Referenco Section 1.6.
Courts of Limited or Special Jurisdiction
:#.1.1 DISTRICT COURT.
By statute, sessions of the
District Court are held as thbullIkss of the
court requires and as the Chief J
ice may desig-
nate from time to time. ,In practice, the court is
in session throughout the year.
[5 A.S.C. 501(d)I
42.1 Organization.
There is one District Court
consisting of one or more district court judges.
All sessions of the District Court are conducted
487
by one district court judge sitting alone.
15 A S.0
50I(a) and (c)I
4.3.1 Jurisdiction
a. The District Court has original jurisdic-
tion over the follow,fng matters
civil Cases or
controversies, ot.,1kier than actions involving land
or metal titles, in whi-the amount in controversy
does no!. excned $3,000, criminal cases in which the
offense charged is a misdemeanor or any offense
punishable by not more than one year of imprison-
ment, traffic cases except those involving a
felony, initial appearances and preliminary exami- -
nations in all criminal cases, adoptions, actions
arising under the Uniform Reciprocal Enforcement
of Support Act, actions arising under the Occupa-
tional Health and Safety Act, and certain public
health offenses as provided by statute.
The Dis-
trict Court
is a court of limited jurisdiction and
does not have jurisdiction over those matters over
which the High Court has original jurisdiction.
b. The District Court hears appeals from the
Village Court as trials de novo.
[5 A.S.C. Si501(b), 601(6)1
4.4
1
Judges (1 or more)
a. Since there is presently only one District
Lourt judge, he is the presiding judge.
The method
of selection and term are the same for all District
Court judges.
District Court judges are appointed
by the Governor of American Samoa upon the recom-
mendation of the Chief Justice and are confirmed
by the Senate.
District Court judges hold office
for a term of 4 years which may be renewed, and can
be removed for cause by the Chief Justice.
b. District Court judges must be learned-in the
law.
c. Reference 4.4.1.a above.
[5 A.S.C. 210(a) and (c)I
4.5.1 Admilistration
a. The District Court has a presiding judge.
b. There is no provession for an administra-
tor in the District Court.
Reference Section 5.1
(State-Level Administration).
c. The clerk of the High Court serves also as
the clerk of the District Court.
Other High Court
officers and employees may be assigned to work
part-time or full-time for the District Court by
the Chief Justice of the High Court.
[5 A.S.C. 5051
4.6.1 Rule-Making.
Reference Section 1.6.
4.1.2 VILLAGE COURT.
The statutorily prescribed
term of the Village Court
is that
It shall meet
from time to time, as the number of cases awaiting
trial requires.
In practice, the frequency that
the court of any given village convenes varies with
the size of the village (larger villages convening
their courts more frequently).
[5 A.S.C. 601(a)I
4.2.2 Organization.
Each village has a Village
Court consisting of an associate judge of the High
Court- The Chief Justice of the High Court assigns
associate judges to be responsible for conducting
sessions in one or more villages.
15 A.S.C. 601(a)I
4.3.2 Jurisdiction
a. The Village Court has jurisdiction only over
matters arising under the regulations of its re-
spective village.
Except for retrials before the
District Court, the Village Court has exclusive
jurisdiction to Impose penalties for the violation
41(
of village regulations.
b. The Village Court has no appellate juris-
diction.
[5 A.S.C. 601(b)I
40
t--
.
0 u
4.4.2 Judges (1 or more associate juetices of the
High Court of American Samoa serve)
e. There is no presiding judge as such of the
Village Court.
b. Reference Section 1.4.b (Justices).
c. Reference Section 1.4.c (Justices).
4.5.2 Administration
a. There is no presiding judge in the Village
Court.
b. The Chief Justice of the High Court des-
ignktes an associate judge or othet person as ad-
ministrator of the Village Court.
The administra-
tor supervises the operation of the Village Court.
c. The clerk of the High Court also serves as
the clerk of the Village Court, and he or his des-
ignee attends all sessions of the Village Court and
prepares a written record of the proceedings.
[5 A.S.C. 602.1(a) and (b)]
4.6.2 Rule-making.
Reference Section 1.6.
State-Level Administration
5.1 General Administrative Authority.
The Chief
Justice has administrative supervision over the
High Court of American Samoa, the District Court
and the Village Court, and their judges, magis-
trates,eglerks and other officers.
[5 A.S.C. 202(c)]
488
,4
5.2 There is no provision for, and there is in fa
no administrative office of the courts.
N
Quasi-Judicial Officers
6.0 There are no provisions for quasi-judicial of-
ficers in the court system of American Samoa.
Judicial Discipline
7.1 Trial Commission.
The Trial Commission con-
sists of the associate justice and two associate
-judges appointed by the Chief Justice.
[Disciplinary Rules and Procedures of the High
Court, Rule 4]
7.2 Authority and Procedure for Sanction.
The
Chief Justice of the High Court has been given the
authority by statute to discipline and disbar at-
torneys practicing before the courts of American
Samoa and he has delegated by rule, this authority
to the Trial Commission.
The procedures are set
forth in the Disciplinary Rules and Procedures of
the High Court of American Samoa.
The procedure
may begin with a formal or informal complaint, and
will include a hearing at which the respondent will
be given an opportunity to be heard and be repre-
sented by counsel.
Appeals from the Trial Commis-
sion are heard by the Chief Justice of the High
Court.
[5 A.S.C. 202(d), Disciplinary Rules and Pro-
cedures of the High Court of American Samoa]
DISTRICT OF COLUMBIA
Court of Last Resort
1.1 COURT OF APPEALS.
The Court of Appeals sits
in the District of Columbia for one term of court
coincident with the calendar year.
[District of Columbia Court of Appeals, Rule 2)
1.2 Organization.
Cases are heard and determined
by 3-judge divisions of the court unless a hearing
or rehearing before the court en banc is ordered.
A hearing or rehearing before the court en banc may
be ordered by a majority of the judges of the court
in regular active service.
[District of Columbia Code (hereinafter
D.C.C.) Sections 11-705(b), (c), (d))
1.3 Jurisdiction
a. The Court of Appeals has implied power to
issue extraordinary writs in aid of its appellate
jurisdiction.
b. The Court of Appeals has jurisdiction over
appeals from:
(1) All final otders and judgments of the
Superior Court and interlocutory orders of the Su-
perior Court concerning injunctions, appointment
of receivers, guardians, or conservators, or those
changing or affecting the possession of property.
A party aggrieved may appeal as of right, except
for review of Small Claims Branch decisions, crim-
inal judgments where the penalty imposed is a fine
of less than $50 for en offense punishable by im-
prisonment of 1 year or less, or by fine of not
more than $1,000.
Review of such judgment is by
application for the allowance of an appeal, filed
in the District of Columbia Court of Appeals.
(2) All orders and decisions of the mayor,
council, or any agency of the District of Columbia
to the extent provided by the law.
(3) Review of orders and decisions from cer-
tain District of Columbia administrative agencies.
[D.C.C. SS11-721, 11-722; Mike's Manufacturing
Company v. Ziemoris (Municipal Court of Appeals
for the District of Columbia, 1949, Vol. 66,
Atlantic 2nd Reporters, p. 414)]
1.4 Justices (9)
a. The Chief Judge is designated by the Dis-
trict of Columbia Judicial Nomination Commission
(reference Table 12:
Characteristics of judicial
nominating commissions).
A Chief Judge serves a
4-year term or until his successor is designated.
He is eligible for redesignation.
If a Chief Judge
is not redesignated or relinquishes the office of
Chief Judge, he continues to be an associate judge.
b. A person may not be appointed a judge of a
District of Coluiebia court unless that individual:
(1) Is a United States citizen.
(2) I. an active member of the District of
Columbia Bar.
(3) Has been engaged in the active practice
of law in the District or has been a professor in
a District of Columbia'law school, or has been a
District or fed
rnment attorney in the
489
District of Columbia for 5 years immediately pre-
ceding his nomination.
(4) Has been a resident of the District for
at least 90 days prior to nomination, and will
retain such residency as long as he serves as a
judge.
(5) Has not served as a member of the Ten-
ure Commission (reference Section 7.1 Judicial
Discipline) or the District of Columbia Judicial
Nomination Commission (reference Table 12:
Characteristics of judicial nominating commissions)
for a period of 2 years prior to his nomination.
(6) Is recommended to the President by the
District of Columbia Judicial Nomination Commis-
sion.
c. Thirty days before the expiration of a
judge's term, or within 30 days after a vacancy
occurs for some other reason, the District of Co-
lumbia Judicial Nomination Commission (reference
Table 12:
Characteristics of judicial nominating
commissions) submits a list of three nominees to the
President, who makes the selection.
If more than
one vacancy occurs at one time, separate lists must
be submitted with no person named more than once.
Presidential nominees are forwarded to the Senate
for confirmation.
If the President fails to nomi-
nate a person from the list within 60 days after
receiving such a list, the commission appoints one
person from the list with the advice and consent
of the Senate.
A judge serves a 15-year term, and
upon completion of such term, he continues to serve
until his successor is appointed and qualifies.
[D.C.C. SS11-1502, 11-1503; Home Rule Bill,
Sections 431(b), 433(b)(2),'(3), (4), (5),
434(d)(1))
1.5 Administration
a. The Joint Committee on Judicial Administra-
tion is responsible for setting policy for the ad-
ministration of the courts.
Reference Section 5.1
(General administrative authority).
The Executive
Officer is responsiblefor the administration of
the court system, subject to the supervision of the
Joint Committee and the chief judges of the respec-
tive courts.
The Chief Judge of the Court of Ap-
peals supervises the internal administration of all
affairs of the court.
He may also temporarily as-
sign Court of Appeals judges to the Superior Court
and Superior Court judges to the Court of Appeals.
b. Reference Section 5.2.b (state-level admin-
istrator).
c. The clerk occupies a statutorily uthorizd
position.
The Executive Officer has designated the
clerks to be the administrators of their respective
courts.
They have responsfbility for direct super-
vision of all nonjudicial employees of their re-
spective courts as well as other duties as.may be
assigned.
[D.C.C. SS11-707, 11-1702, 11-1703(a), 11-1721;
Executive Officer)
Figure 1:
District of Columbia court system, 1980
COURT OF APPEALS
9 judges
Jurisdiction:
- Appeals from the Superior Court and certain District of
Columbia agencies.
SUPERIOR COURT
44 judges
..-
CIVIL DIVISION
Jurisdiction:
- Jurisdiction over
all civil actions,
FAMILY DIVISION
Jurisdiction:
- Domestic relations,
property rights,
paternity, mental
health.
- Juvenile delin-
quency, neglect,
and children in
need of supervi-
sion.
PROBATE DIVISION
Jurisdiction.
- Probate.-
CRIMINAL DIVISION
Jurisdiction:
- Exclusive jurisdiction over
felonies, misdemeanors, and
ordinance violations,
- Major traffic cases.
TAX DIVISION
Jurisdiction.
- Appeals of tax cases from
the District of Columbia and
related civil and criminal
matters.
Jury trials.
Indicates route of appeal.
490
,
'
]Court of
last
resort
NMI
COurt of
general
jurisdiction
1.6 Rule-making.
The Court of Appeals conducts its
business according to the Federal Rules of Appel-
late Procedure (F.R.A.P.) unless the court pre-
scrtbes or adopts modifications of those rules.
The F.R.A.P. allows a majority of the judges of the
court in regular active service to make and amend
rules governing its practice not inconsistent with
thF F.R.A.P.
[D.C.C. S11-743; F.R.A.P., Rule 47]
Intermediate Appellate Court
2.0 There is no intermediate appellate court in the
District of Columbia.
Court of General Jurisdiction
3.1 SUPERIOR COURT.
The chief judge may fix the
time of sessions of the various divisions and
branches of the court.
[D.C.C. S11-906]
3.2 Organization.
One Superior Court serves the
District.
It consists of the following divisions:
Criminal Division, Civil Division, Family Division,
Probate Division, and Tax Division.
The divisions
may be divided into such branches as the Superior
Court may by rule prescribe.
[D.C.C. S11-902]
3.3 Jurisdiction
a. The Superior Court has exclusive jurisdic-
tion over any civil action or other matter in the
District of Columbia, unless jurisdiction is vested
in a Federal Court in the District of Columbia.
Civil cases are heard in the Civil Division.
The Family Division of the Superior Court
has jurisdiction over actions of divorce, support,
custody, adoption, determination and adjudication
of property rights, paternity of any child born out
of wedlock, delinquent or neglected children,
children in need of supervision, and commitment of
the mentally ill.
The Tax Division of the Superior Court has
exclusive jurisdiction of all appeals from and pe-
titions for review of assessments of tax (and civil
penalties thereon) made by the District of Colum-
bia.
It also has jurisdiction of all proceedings
brought by the District of Columbia for this impo-
sition of criminal penalties pursuant to the pro-
visions of the statdtes relating to taxes levied
by or in balf of the District of Columbia.
Probke cases are heard in the Probate Di-
vision.
The Su erior Court has exclusive jurisdic-
tion over any criminal (including traffic) case
under any law
pplicable to the District of Colum-
bia in the Cri inal Division.
It does not have
jurisdiction o
r criminal cases brought in the
U.S. District C urt.
[D.C.C. SS1 -921, 11-923, 11-1101, 11-1201;
Home Rule 3411, Sec. 431(b)]
b. The Supe
or Court has no appellate juris-
diction over cases from other courts.
It hears ap-
peals of administrative agency cases.
[D.C.C. SS11-921, 11-923; Home Rule Bill, Sec.
431(b)]
3.4 Judges (44)
a. The chief judge is selected in the same man-
ner and for the same term as the Chief Judge of the
Court of Appeals.
Reference Section 1.4.a.
491
b. Superior Court judges must meet the same
qualifications as Court of Appeals judges.
Refer-
ence Seciion 1.4.b.
c. Superior Court judges are selected in the
same manner and for the same term as Court of Ap-
peals judges.
Reference Section 1.4.c.
3.5 Administration
a. The chief judge supervises internal adminis-
tration of all affairs of the court.
He arranges
and divides the business of the court and fixes the
time of sessions of the various divisions and
branches of the court.
He designates the number
of judges and assigns them to the various divi-
sions.
The chief judge may also certify to the
Court of Appeals the need for temporary assignment
of additional judges.
b. There is no provision for an administrator
for the Superior Court.
Reference Section 5.2.b
(state-level administrator).
c. The Executive Officer has designated the
clerks to be the administrators of their respective
courts.
They have responsibility,for direct super-
vision of all nonjudicial employees of their re-
spective courts as well as for other duties as may
be assigned.
[D.C.C. SS11-906(a), (b), 11-908(a), (b),
11-1702, 11-1721; Executive Officer]
3.6 Rule-making.
The Superior Court conducts its
business according to the Federal Rules of Civil
Procedure and the Federal Rules of Criminal Pro-
cedure, unless it prescribes or adopts rules that
modify these rules.
Rules that modify the Federal
Rules must be approved by the Court of Appeals.
The Superior Court may adopt and enforce other
rules as it deems necessary without the approval
of the Court of Appeals if such rules do not modify
the Federal Rules.
The Superior Court may appoint
a committee of lawyers to advise it.
[D.C.C. S11-946]
Court of Limited or Special Jurisdiction
4.0 There are no courts of special or limited
jurisdiction in the District of Columbia.
State-Level Administration
5.1 General administrative authority.
The Joint
Committee on Judicial Administration, made'up of
the Chief Judge and an associate judge of the Court
of Appeals and the chief judge and two associate
judges of the Superior Court, is responsible for
setting policy for the administration of the
courts.
The committee has statutory authority to
issue all orders and directives necessary to imple-
ment its responsibilities and duties.
Reference
Section 1.5.a (Administration).
[D.C.C. SS11-1701(a), (d)]
5.2 Executive Office of the District of Columbia
Courts
a. The office was created by D.C.C. S11-1701
to S11-1747.
b. Executive Officer
(1) The position of Executive Officer was
created by D.C.C. S11-1703(a).
(2) The Executive Officer must be certified
by the Director of the Administrative Office of the
United States Courts.
The Executive Officer is
selected by the Joint Committee on Judicial Admin-
istration with the concurrence of the respective
chief judges.
The Executive Officer is selected
Figure 2:
District of Columbia state-level administrative office of the courts, 1980
txecutive
Officer
of the
Courts
Deputy
[Remittal'
Officer
Director
of
Court
Reporters
Fiscal
Officer
Court
Planner
Clerk of the
Court of
APPeals
Chief
Deputy
Clerk
ler
Coordinator
Clerk of the
Superior
Court
Financial
Operations 1-4
1-
I-
Personnel
Division
Family
Division
Attorney
Advisor/
Library
Social
Services
Auditor -
Master
-Division
Tax
Division
Data
Processing
Criminal
Division
Research,
:::14:ic7:1
Project
Divinion
Probate
Division
Administrative
Division
Civil
Division
Merriage
Bureau
511
from a list of not less than three qualified per-
sons submitted by the Director of the Administra-
tive Office of the United States Courts.
(3) The Executive Officer is zesponsible for
the administration of the District ot Columbia
court Oystem, eubject to the supervision of the
Joint Committee and the chief judges of the respec-
tive courts.
c. Office organization.
The Executive Office
of the District of Columbia Courts consists of 159
people:
104 professionals (including the Executive
Officer) and 55 clerical personnel.
The profes-
sional staff provides support services in the fol-
lowing areas:
systems analysis, programming, and
computer operations; probation coordination, court
reporting, trial court administration, court coor-
dination, and facilities management; payroll, ac-
counting, auditing, budgeting, and purchasing; li-
brary services; personnel systems; executive liai-
son; and planning and research activities, which
include statistical compilation, judicial planning,
research, statistical analysis, and legal services.
[D.C.C. §§11-1703(a), (b); Executive Officer]
Quasi-Judicial Officers
6.1 SUPERIOR COURT
6.2 Hearing commissioner
a. Hearing commissioners are selected by the
chief judge.
They must be members of the bar and
must possess a broad knowledge of the legal prin-
ciples relative to family law.
b. Hearing commissioners are responsible for
conducting hearings primarily in mental retardation
proceedings but not necessarily limited to this
area.
After each hearing they recommend in writing
an appropriate course of action or court order to
the chief judge or his designate.
[Position Description, Executive Officer]
Judicial Discipline
493
7.1 District of Columbia Commission on Judicial
Disabilities and Tenure.
The commission consists
of seven members appointed as follows:
one member
appointed by the President; two members appointed
by the Board of Governors of the unified District
of Columbia Bar, both of whom must have practiced
law in the District for at least 5 successive years
preceding their appointment; two members appointed
by the mayor, one of whom is not a lawyer; one non-
lawyer appointed by the City Council; and an active
or retired federal judge serving in the District,
appointed by the chief judge of the United States
District Court for the District of Columbia.
[Home Rule Bill, Sec. 4311
7.2 Authorityand procedure for sanction.
The com-
mission may undertake an investigation on its own
initiative or upon a formal or informal report of
misconduct or ill health.
Hearings must be held
prior to filing of orders for removal (ecept for
those based on final judgment of conviction of a
felony), involuntary retirement, or suspension
without salary.
Such hearings are confidential
unless the privilege is waived by the judge under
investigation.
The judge is entitled to 30 days
notice of charges.
He may be represented by coun-
sel at the hearings, offer evidence in his own be-
half, and confront and cross-examine witnesses.
The commission has subpoena powers and may order a
judge to undergo medical examination.
The commis-
sion must report within 90 days findings of fact
and a determination as to the judge's conduct or
health.
Four members must concur in a removal
order.
A judge aggrieved by a commission order
filed with the Court of Appeals may file notice of
,
appeal within 30 days with the Chief Justice of the
United States, who appoints a special 3-member
court from among active judges of the United States
District Court for the District of Columbia and the
United States Court of Appeals for the District of
Columbia Circuit.
The decision of this special
court is final and conclusive.
[D.C.C. §§l1-1527, 11-1528, 11-15291
Figure 1:
Guam court system, 1980
SUPERIOR COURT
5 judges
Jurisdiction:
- Original jurisdiction in all civil
cases in law or equity except for
causes arising under the Constitu-
tion .
treaties, laws of the United
States, and any matter involving the
Guam Territorial income tax.
- Original jurisdiction in all
criminal cases, felony and mis-
demeanors, except for causes arising
under the Constitution, treaties,
and laws of the United Staten.
- Traffic cases.
- Juvenile matters.
Appellate jurisdiction in all cases
tried and determined in the Traffic
Court in which punishment is
fine
of sore than $25 or imprisonment or
both.
Jury trials.
494
Court of
general
jurisdiction
GUAM
Court of Last Resort
1.0 There are no provisions for a court of last
resort in Guam.
[The Administrative Director of the Court]
Intermediate Appellate Court
2.0 There are no provisions for an intermediate
appellate court in Guam.
[The Administrative Director of the Court]
General Jurisdiction Court
3.1 SUPERIOR COURT.
The Superior Court sits in
continuous session.
[The Administrative Director of the Court]
3.2 Organization.
The Judicial Council (reference
fable 29:
Judicial councils and conferences) has
authority by tules of the court to create divi-
sions of the Superior Court and may designate
which divisions are to be courts of record and
which courts are to be not of record.
Two of the
divisions must consist of a Juvenile Coure
Division (a court of record), and a Traffic Court
Division (court not of record).
Other divisions
include:
Criminal (comprising felony and
isdemeanor), Civil, Probate, Domestic, Small
Claims, and Special Proceedings Divisions.
[Public Law (hereinafter P.L.) 12-85 S2]
3.3 Jurisdiction
a. The Superior Court has original jurisdic-
tion in all cases arising under the laws of Guam,
civil or criminal, in law or equity, regardless of
the amount in controversy, except for causes
arising under the Constitution, treaties, laws of
the United States, and any matter involving the
,Geam Territorial income tax.
b. The Superior Court has appellate jurisdic-
tion in all cases tried and determined in the
.
Traffic Court in which the punishment imposed is a
fine of ore than $25 or imprisonment or both.
[Code of Civil Procedure, Chapter III, Title
I, Part I SS82, 83; P.L. 12-85]
3.4 Judges (5)
a. The term of the presiding judge is identi-
cal to all other Superior Court judges.
b. Judgs of the Superior Court must have
practiced law in Gua fo
at least 6 months.
c. Judges of the Superior Court are appointed
by tha legislature for a term of 8 years.
The
appointment is drawn from among tbree candidates
nominated by the Judicial Council (reference Table
29:
Judicial councils and conferences).
Follow-
ing the 8th year, a judge may file a declaration
to succeed himself in the Office of the Election
Commission.
The elections are nonpartisan and are
conducted during the general election immediately
495
following the expiration of his term of office.
The Governor fills vacancies by appointing a
person with the consent of the legislature.
In
making such appointments, the Governor gives
consideration to names which have been timely
submitted to him by the Judicial Council.
[Code of Civil Procedure, Chapter III-A, Title
I, Part I, S81; P.L. 12-85, 189, SS1, 4]
3.5 Administration
a. The presiding judge prescribes and distrib-
utes the order of business in the Superior Court
and assigns cases to the judges of the court.
He
is vested with final authority in overseeing the
operations of the Judicial Branch of the Territory,
except in matters which require the approval of
the Judicial Council (reference Table 29:
Judicial
councils and conferences).
b. There are no provisions for an adminis-
trator in the Superior Court.
Reference Section
5.2.b (state-level administrator).
c. The clerk serves at the pleasure of the
presiding judge.
He performs the following duties:
(1) Takes charge of and safely keeps or
disposes of, according to law, all books, papers,
and records which may be filed and deposited in
his office.
(2) Supervises and directs the work of his
deputies and assistants.
(3) Attends in person or by deputy each
session of the Island Court and the Police (Traf-
fic) Court.
(4) Issues all process and notices as re-
quired.
(5) Enters a synopsis of all orders, Judg-
ments, and decrees proper to be entered at length;
keeps in the Island Court a docket listing the
title of each cause with the date of its commence-
ment; enters a memorandum of every subsequent pro-
ceeding with date and record of all fees chzrged.
(6) Keeps other indices and records and
makes reports necessary in the performance of the
duties of his office or as required by the Judi-
cial Council.
[Code of Civil Procedure, Chapter I, Title IV;
P.L. 12-85, S8]
3.6 Rule-making The Judicial Council (reference
Table 29:
Judicial councils and conferences) has
the power to prescribe, by general rules, the forms
of process, writs, pleadings and motions, and
practice and procedure of the courts in Guam in
both civil and criminal actions.
[P.L. 12-85, S66]
Court of Limited or Special Jurisdiction
4.0 There are no provisions for courts of limited
or special jurisdiction in Guam.
[The Administrative Director of the Court]
51
Figure 2: Guam state-level administrative office of the courts, 1980
Administrative
Director
of the
Court
Clerk of
Court
Chief
Probation
Officer
General
Administration
- Calendaring
- Probation service.
Personnel services
- Court reporting
a) Personnel services
- Records nimagement
b) Payroll
- Community service
- Jury msnagement
Procurement
- Maintenance and
a) Purchasing
security
- Chamber staff support
Financial management
- Forme development
a) Accounting
- Traffic Violations
b) Budgeting
gureau operations
c) Auditing
- Service 4 execution
d) Receipt/disbursement
of process, writs
4 orders
496
Plans 4 research
a) Planning
b) Statistical compilation/
analysis
c) Research
d) Evaluatibn
e) Grants management
f) Education/training
State-Level Administration
5.1 General administrative authority.
There are
no formal provisions for general administrative
authority, however, the Presiding Judge of the
Superior Court, being the chief judicial officer
of the judicial branch, has the inherent discretion
to prescribe the parameters of authority extended
to the administrative officer.
[Code of Civil Procedure, Chapter III, Title
I, Part I, S851
5.2 The Office of the Administrative Director of
the Court
a. Authorization for the Office of the Admin-
istrative Director iS accomplished through adop-
tion by the Judicial Council (reference Table 29:
Judicial councils and conferences) and approval by
the Guam Legislature.
b. The Administrative Director of the Court.
(1) The position of the Administrative Di-
rector of the Court is authorized by the Guam Leg-
islature upon approval of the Judicial Council.
(2) The Administrative Director of the
Court is appointed by the Preaiding Judge and
serves at his pleasure.
(3) The Administrative Director of the
Court does not personally supervise the operations
of the divisions of the AOC, however, his span of
control does cover the operations of each division
including:
calendaring; court reporting; records
L,
497
management; community service; jury management;
maintenance and security; chamber staff support;
forms development; Traffic Violations Bureau Oper-
ations; service and execution of process, writs,
and orders; probation services; personnel ser-
vices; procurement; financial management; and
plans and research.
c. Office Organization.
The Office of the
Administrative Director of the Court consists of
19 people:
13 professionals (including the Admin-
istrative Director of the Court) and 6 clerical
personnel.
The professional staff provides sup-
port services in the following areas:
payroll,
accounting, auditing, budgeting and purchasing;
education and training; personnel systems and
office management; legislative, executive, public,
and media information, and legislative liaison;
and planning and research activities including
statistical compilation, judicial planning, re-
search, evaluation, and statistical analysis.
[The Administrative Director of the Court]
Qoasi-Judicial Officers
6.0 There are no quasi-judicisl officers in Guam.
Judicial Discipline
7.0 Information on judicial discipline is not
available.
r.; I rt
3 Ar. 0
Figure 1:
Puerto Rico court system, 1980
SUPREMZ COURT
luatices
Jurisdiction:
- Reviews lodgments and decisions of the
Court of First Instance*, and cases on
appeal or review before the Superior Court.
- Reviews rulings of the Registrar of
Property end rulings of certain admin-
istrative agencies.
SUPERIOR COURT* (12)
92 Judges
SUPERIOR COURT
Jurisdiction:
- Original Jurisdiction in civil
setters over $10,000, tax cases,
eminent domain; probate.
- Original Jurisdiction in
criminal felonies, all misde-
meanors related to felonies,
involuntry homicide, and
cases involving minors.
Appeals from District Court and
certain administrative agencies.
Jury trials in criminal; non-Jury
in criminal and civil.
APPELLATE DIVISION
at least 3 judges mve
Jurisdiction:
- Appeals of criminal Camas
originating in the Superior
Court.
Writs of certiorari to
review judgments of the
Superior Court of criminal
cases originating in the
District Court.
DISTRICT COURT* (3S)
9$ judges
Juriediction:
- Civil setters under $10,000 (except those
heard in the Superior Court), guardianship.
- Misdemeanors (except those heard in
Superior Court), municipal ordinance
violations.
No jury trials, non-Jury trials in civil and
criminal.
MUNICIPAL COURT
97 judges
Jurisdiction:
- Civil investigations and eummonmes.
- Probable cause hearings, search warrants,
summonses, warrants of imprisonment,
warrants to release from Jail, and bail.
Violations of municipal ordinances.
Accepts guilty pleas.
No trials.
Indicates route of appeal.
The Court of First Instance consists of two divisions'
Court and the District Court.
498
The Superior
Court of
laet
resort
Court of
general
Jurisdiction
Courts of
limited
Jurisdiction
PUERTO RICO
Court of Last Resort
1.1 SUPREME COURT.
The Supreme Court sits in San
Juan.
The SuPreme Court's term begins on the first
working day of September of each year and endsoon
the last working day of the following May, unless
otherwise decided by the Court.
During vacation,
the court continues its work through one or more
of its divisions.
[Rules of the Supreme Court of Puerto Rico
(hereinafter R.S.C.), Rule 3; Administrative
Director)
1.2 Organization.
The Supreme Court may sit in
divisions of not less than three justices.
The
court may sit in one or more such divisions for the
dispatch of criminal and civil matters.
Each divi-
sion is presided over by the senior justice, except
when the Chief Justice is sitting in that division.
[Constitution of the Commonwealth of Nerto
Rico, Article V, Sections 3, 4; Laws of Puerto
Rico Annotated (hereinafter L.P.R.A.) Title 4,
Section 31; R.S.C., Rule 3)
1.3 Jurisdiction
a. The Supreme Court has original jurisdic-
tion to hear petitions for habeas corpus and any
other causes and proceedings as determined by law.
b. The Supreme Court has appellate jurisdiction
over all matters heard in the Superior Court.
The
court may review decisions of several administra-
tive agencies.
[Const., Art. V,
15; L.P.R.A., Title 4, 1135,
36, 37!
1.4 Justices (8)
a. The Chief Justice is selected in the same
manner as the other justices.
He serves until
compulsory retirement at age 70.
b. Supreme Court justices must be citizens of
the United States and of Puerto Rico, must have
been admitted to the practice of law in Puerto Rico
for at least 10 years, and must have resided in
Puerto Rico for at least 5 years.
c. Supreme Court justices are appointed by the
Governor and confirmed by the Senate of Puerto
Rico.
They hold office until age 70, except for
just cause.
Vacancies are filled in the same man-
ner as original appointments.
[Const., Act. V, 118, 9; Administrative Direc-
tor)
1.5 Administration
a. The Chief Justice has administrative author-
ity over the courts of Puerto Rico.
He adminis-
trates and supervises the entire court system
through the Administrative Director of'the Courts,
Superior Court judge administrators, and District
Court judge administrators.
Reference Section 5.1
(General administrative authority).
As the admin-
istrative officer for the Supreme Court he may con-
vene an extraordinary session during the vacation
term of the court.
b. Reference Section 5.2.b (state-level admin-
istrator).
499
c. The position of clerk of the Supreme Court
is described in the Rules of the Supreme Court.
He supervises the personnel of his office in charge
of the operational controls of the different mat-
ters submitted to the attention of the Supreme
Court, and dissemination of information on the
operations and the administration and control of
the records.
There are no formal provisions for
assigning administrative duties to the clerk.
IL.P.R.A., Title *131, R.S.C., Rules 7, 8,
Administrative Di
ctor!
1.6 Rule-making.
The Supreme Court adopts rules
of evidence and rules of criminal and civil proce-
dure for the courts.
The rules are submitted to
the legislature at the beginning of its next regu-
lar session and, if not disapproved, go into effect
60 days after the close of the session.
The legis-
lature has the power to amend, repeal, or supple-
ment any rules by a specific law to that effect.
The court may also adopt rules for the informal ad-
judication of small claims of $100 or less.
The
Supreme Court may adopt rules for the administra-
tion of the courts, subject to the laws that apply
generally to all branches of the government.
[Const., Art. V, 116,
7; L.P.R.A., Title 4, 12)
Intermediate Appellate Court
2.0 There is no provision for an i-termediate ap-
pellate court in Puerto Rico.
Court of General Jurisdiction
3.1 COURT OF FIRST INSTANCE--SUPERIOR COURT.
The
Superior Court sits in continuous session.
[Administrative Director!
1.2 Organization.
The Superior Court holds ses-
sions in 12 locations around the commonwealth.
By
decision of the Chief Justice, the Superior Court
may hold Appellate Sessions as necessary, or the
Chief Justice may order the establishment of one
or more Appellate Divisions.
Each Appellate Ses-
sion or Division is composed of et least three
judges assigned by the Chief Justice.
IL.P.R.A., Title 4, 1161, 91; Administrative
Director)
3.3 Jurisdiction
a. The Superior Court has original criminal
jurisdiction in all felonies, all misdemeanors
related to felonies, 'involuntary homicide, and in
cases involving minors.
The Superior Court has
original civil jurisdiction in tax cases, eminent
domain disputes, probate matters, and all other
civil matters involving $10,000 or more.
The Appellate Sessions or Divisions, hear ap-
peals of criminal cases originating in the Superior
Court, writs of certiorari to review judgments of
the Superior Court in cases originating in the
District Court, and all other criminal matters re-
lating to the judgment, execution, or compliance
thereof in accordance with that resolved by1the Su-
preme Court through regulation.
51s
b. The Superior Court has appellate jurisdic-
tion over all cases heard in the District Court.
The court also has jurisdiction to review decisions
of administrative agencies, except those
cognizable
by the Supreme Court.
(L.P.R.A., Title 4, 11121, 122; Administrative
Director]
3.4 Judges (92).
At the request of the Chief Jus-
tice, accompanied by a certificate from the
Admin-
istrative Director (reference Section 5.2.b), the
number of judges may be increased to 114.
a. There is no provision for a chief judge over
all parts of the Superior Court.
In every multi-
judge part of the Superior Court, the Chief Jus-
tice designates an administrative judge who serves
a 1-year term.
If there is only one judge, he
serves as administrative judge.
b. Superior Court judges must be at least 25
years of age, must be admitted to the bar, and must
have had at least 5 years of professional ex-
perience.
c. Superior Court judges are
appointed by the
Governor and confirmed by the Senate of Puerto
Rico.
They serve 12-year terms.
(Const., Art. V, 18; L.P.R.A., Title 4, SS92,
152, Rules of Administration for the Court
of
First Instance of the Commonwealth of Puerto
Rico (hereinafter Rules of Administration),
Rule 2)
3.5 Administration
a. Whereas there is no provision for a chief
judge over all the parts of the Superior Court,
the
judge administrators of the individual Superior
Court parts are responsible to the Chief Justice
for the administration of their courts.
They have
judicial tasks as well as administrative
duties.
They supervise the administrative work of the
judges, officers, and other employees of
their re-
spective courts.
The judge administrators of the
Superior Court must cooperate in administrative
matters with the judge administrators
of the Dis-
trict Court, municipal judges, and
justices of the
peace included in their judicial districts.
The
judge administrators prepare the calendar of all
judicial matters in order to be able to attend to
the administration of their courts.
Each judge administrator must biannually sub-
mit to the Chief Justice a report explaining his
activities as judge administrator during the prc-
ceding 6 months and the condition and progress
of
his court during the term, as well as any addition-
al report the Chief Justice or the Administrative
Director may require.
b. There are no provisions for an administrator
over all the parts of the
Superior Court or for
administrators for the individual Superior Court
parts.
Reference Section 5.2.b (state-level admin-
istrator).
c. The position of secretary of the
Superior
Court is created by law.
The secretary has respon-
sibilitis. as determined by the court.
(L.P.R.A., Title 4, 66392-398, 442; Rules of
Administration, Rule 2.3; Administrative
Director]
3.6 Rule-making.
The Supreme Court adopts rules of
procedure and rules of administration for the
Su-
perior Court.
,
(Const., Art. V, fib, 7; L.P.R.A., Title 4, 621
Courts of Limited or Special Jurisdiction
4.1.1 COURT OF FIRST INSTANCE--DISTRICT COURT.
The
District Court sits in continuous ssss ion.
(AdministrativeAirector)
500
4.2.1 Organization.
There are 38 individual Dis-
trict Court parts located around the commonwealth.
The court holds sessions in all towns as
judicial
needs dictates.
(L.P.R.A., Title 4, 6163, 151, 151a)
4.3.1 Jurisdiction
a. The District Court has
original criminal
jurisdiction in all misdemeanors, except those
heard by the Superior Court; and in all
violations
of statutes or municipal ordinances within the
jurisdiction of the municipal judges.
The District
Court has civil jurisdiction in all matters
heard
by the municipal judges; in all other civil matters
involving not more than $10,000, except those heard
by the Superior Court; and in all petitions for
withdrawal of funds, filed by the parent or guard-
ian of a minor or an incompetent in whose name
funds up to $2,500 have been deposited in the
court, upon depositing the same amount
in a bank.
b. The District Court has no appellate
jurisdiction.
(L.P.R.A., Title 4, 1181; Administrative
Di-
rector)
4.4.1 Judges (99)
a. There is no provision for a
chief judge over
all the parts of the District Court.
Judge admin-
istrators for the individual District Court parts
are selected in the same manner and for the same
term as judge administrators for the
Superior Court
parts.
Reference Section 3.4.
b. District Court judges must be at least 21
years of age, must have been
admitted to the bar,
and must have had at least 3 years of professional
experience.
c. District Court judges are
selected in the
same manner and for the same term as
Superior Court
judges.
They serve 8-year terms.
Reference Sec-
tion 3.4.
(L.P.R.A., Title 4, 1152; Administrative Di-
rActor]
4.5.1 Administration
a. Whereas there is no provision
for a chief
judge over all the parts of the District Court,
the
judge administrators of the individual District
Court parts are responsible to the Chief
Justice
for the administration of their court.
They assign
judicial matters to the other judges subject to the
direction of the Chief Justice.
In addition, the judge administrator of each
part of the District Court supervises the adminis-
trative matters concerning the municipal judges
appointed to the municipalities included within his
territorial boundaries.
Reference Section 3.5.
b. There are no provisions for an
administrator
over all the parts of the District Court or for
administrators for the individual District Court
parts.
Reference Section 5.2.b (state-level admin-
istrator).
c. The position of secretary of the District
Court is authorized by law.
The secretary has
responsibilities as determined by the court.
Title 4f 11392-398, 442; Rules of
Administration, Rules 2, 2.3; Administra-
tive Director)
4.6.1 Rule-makinfe
The Supreme Court adopts rules
of procedure and administration for the District
Court.
(Const., Art. V, $16, 7; L.P.R.A., Title 4, 12]
4.1.2 MUNICIPAL COURT.
The municipal cobrt sits
in continuous ssss ion.
(Administrative Director)
513
Figure 2:
Puerto Rico state-level administrative office of the courts, 1980
Assistants
Admisistrative
Director of
the Courts
Office of
Legal Affairs
Office of
Internal
Auditing
Assistant
Director:
Service
Area
L Iklm ImU INIL
vLr
1
Assistant
Director:
Interagency
and Public
Relations
Area
luresu of
Bureau
Training
Social
Office of
Federal
Auxiliary
of
Caster
Services
Inforustion
Interagency
Grants
Services
Personnel
Center
and Public
relations
Coordination
Project
Coordination
dih
5 2
I.
4.2.2 Organisation.
Ths Municipal Court sits where
there is no District Court unless caseload warrants
otherwise.
(Administrative Director)
4.3.2 Jurisdiction
a. The Miinicipal Court proc sssss uncontested
matters only.
All contested matters must be filed
in the,District Court.
b. Thelinnicipal Court has no appellate juris-
diClion.
[Administrative Director)
4.4.2 Judges (53 judges and 7 justices of the
Pt".a. The Municipal Court does not have a pre-
siding judge.
The District Court judge presides
over all the Miinicipal Courts in his District.
b. Judges of the Miinicipal Court must be 21
years of ags, and must be members of the bar.
c. Judges of the Municipal Court are appointed
by ths Governor and serve 5-year terms.
[Administrative Director]
4.5.2 Administration
a. Reference Section 4.5.1.
b. District Court judge administrators oversee
ths Municipal Court within their district. Refer-
ence Section 4.5.1.a.
c. Reference Section 4.5.1.a.
[Administrative Direccorl
4.6.2 Rule-making.
The Shpreme Court adopts rules
of procedure and rules of administration for the
Municipal Court.
[Administrative Director]
State-Level Administration
5.1 General administrative authority.
The Chief
Justice is constitutionally empowered to direct the
administration of the courts of Puerto Rico.
Statutes further provide that he km responsible for
the efficient operation of the parts and divisions
of the courts and for the expeditious dispatch of
litigation.
He is sss i s ted by the Office of Court
Administration.
The Chief Justice may assign
judges to conduct ssss ions of the Court of First
Instance (Superior Court and District Court).
In
addition, he assigns volunteer retired justices and
judges to active service as special judges, desig-
nates municipal judges, appoints and supervises all
nonjudicial personnel for the courts,,and appoints
the Administrative Director.
Refereve Section
1.5.a.
[Const., Art. V, S7; L.P.R.A., Title 4,
1162a-62g, 213, 301, 331, 3611
5.2 Office of Court Administration
a. The Office of Court Administration is
established by statute.
b. Administrative Director
(1) The position of Administrative Director
is created by the constitution.
(2) The Administrative Director need not be
admitted to the bar, but, if he is an attorney, he
may not practice law while in office.
He is ap-
pointed by and serves at the pleasure of the Chief
Justice.
(3) The Administrative Director directs
the Office of Court Administration.
The Adminis-
trative Director and his staff assist the Chief
Justice by examining the administrative methods and
efficiency of the court personnel, examining the
state of the dockets and the pending caseloads of
ths courts, collecting statistical and other data
502
as to court operation, preparing and keeping books
of accounting, submitting estimates and drawing
requisitions for public funds appropriated for
operation of the judicial system, making recommen-
dations to the Chief Justice for the improvement
of court operation and the assignment and transfer
of judges, and performing such tasks as the Chief
Justice directs for the better administration of
the courts.
c. Office organilation'.
The Office of Court
Administration conststa of 310 people:
137 profes-
sionals (including the Administrative Director) and
173 clerical personnel.
,lhe professional staff
provides support services in the following areas:
programming, computer operations, records manage-
ment and control; court coordination and other
court services; auditing, budgeting, and pur-
chasing; training; personnel systems; legislative,
executive, public, and media information, and
executive liaison; and planning and research ac-
tivities including judicial planning, evaluation,
statistical analysis, and legal services.
[Coma., Art. V, 17; L.P.R.A., Title 4, 11331,
333; Administrative Director]
Quasi-Judicial Officers
6.1.1 SUPERIOR COURT AND DISTRICT COURT
6.2.1 Honorary magistrate
a. The position of honorary magistrate ts es-
tablished by law.
Honorary magistrates must have
been admitted to the practice of law in Puerto Rico
at least 5 years before they are nominated as
honorary magistrates.
They cannot be employees of
the Government of Puerto Rico or any of its instru-
mentalities, except for the professors of the Uni-
versity of Puerto Rico.
The Governor appoints
honorary magistrates with the advice and consent
of the Senate of Puerto Rico.
b. Honorary magistrates may be assigned by the
Chief Justice to any session or part of the Court
of First Instance, where they have all powers
of a judge.
[L.P.R.A., Title 4, 1162q, 62m; Administrative
Director]
Judicial Discipline
7.1 There is no provision for a judicial disciplin-
ary commission.
Complaints of judicial misconduct
or Incompetence are investigated by the Administra-
tive Director of the Office of Court Administra-
tion, whose findings and recommendations are re-
ferred to the Supreme Court.
7.2 Authority and procedure for sanction.
The Su-
preme Court.has adopted a new Code of Judicial Con-
duct, in force since September 1977.
Supreme Court
justices may be tried in the Senate of Puerto
Rico and impeached by the House of Representatives
of Puerto Rico for treason, bribery, other fel-
onies, and misdemeanors involving moral turpitude.
Judges of the Court of First Instance and justices
of the peace and municipal judges may be removed
by the Supreme Court.
The Supreme Court may remove
a judge found to be guilty of gross misconduct in
the performance of his duties, or may censure br
suspend a judge for less serious misconduct.
[Const., Art. III, 121, Art. V, 1111, 13;
L.P.R.A., Title 4, 12321
,241
VIRGIN ISLANDS
Court of Last Resort
1.0 There is no court of last resort in the Virgin
Islands.
Intermediate Appellate Court
2.0 There is no intermediate appellate court in the
Virginislands.
Court of General Jurisdiction
3.0 There is no court of general jurisdiction in
the Virgin Islands.
Court of Limited or Special Jurisdiction
4.1 TERRITORIAL COURT OF THE VIRGIN ISLANDS.
The
court holds regular sessions at the times and
places prescribed by the rules of the court.
Special sessions may be held as required.
[4 V.I.C. 184)
4.2 Organization.
The Territory of the Virgin
Islands is divided into two geographical judicial
divisions:
the division of Saint Croix, and the
division of Saintthomas-Saint-John.
The division
of St. Croix i
divided into two jurisdictions,
Christiansted
Fredericksted.
One-half of the
judges4must resi e in each judicial division.
The
Territorial Court is composed of Criminal, Civil,
Traffic, Family, Conciliation, and Small Claims
Divisions.
The court may create such additional
divisioneas the public interest requires.
[4 V.I.C. 111, 71, 79)
4.3 Jurisdiction
a. the Territorial Court has exclusive original
jurisdiction in all criminal,actions punishable by
not more than a fine of $100, or 6 months of im-
prisonment, or both; and all violations of police
and executive regulations.
The court also hes
original juriidiction concurrent with the District
Court in all criminal actions wherein the maximum
sentence dov.not exceed imprisonment of 5 years
or a fine as prescribed by law.
The Territorial Court has exclusive original
jurisdiction in all civil actions involving not
more than $500.
The court has original jurisdic-
tion concurrent with the Dietrict Court in civil
atters involving $500 to $50,000; in supervising
and administering estates and fiduciary relations;
in appointing and sunervising guardians and trus-
tees; in hearing and determining juvenile, divorce,
annulment, and separation proceedings; in granting
adoptions and changes of name; in establishing
paternity; in legitimizing children; and in making
orders and decrees pertaining to the support of
relations.
b. The Territorial Court has no appellate jur-
isdiction.
[4 V.I.C. ii75, 76)
4.4 Judges (6)
a. The Governor designates one of the judges
of the court to serve as presiding judge over the
two judicialjdivisions of the Territorial Court.
He serves for such term as provided by law or rules
of the court.
There are no provisions for pre-
siding judges for the two judicial divisions of the
Territorial Court.
b. Territorial Court judges must be members in
good stan d ing of the Virgin Islands Bar and must
have pract
ed law for at least 5 years por to
homination
At least 3 of the 5 years mat have
been in the Virgin Islands.
c. Territorial Court judges°40e appointed for
6-year terms by the Governor with the advice and
consent of the legislature.
[4 V.I.C. 1171, 72]
4.1pAdMinisteration.
4 V.I.C. 191 creates the Of-
fice of Administrator of the Territorial Court.
a. The presiding judge over the two judicial
divisions of the Territorial Court may exercise
such authority as provided by law or by rules of
the court.
There are no provisions for presiding
judges for the twe judicial divisions of the Terri-
torial Court.
b. The Administrative Director of the Terri-
'
torial Court, appointed by the presiding judge, has
a number of duties relating to the administration
of the court, including the following:
collecting
and compiling statistical data and other informa-
tion on the judicial work of the court and on the
workload of other officers related to and serving
the court and publishing periodic reports with re-
spect thereto;-dividing the docket of cases and
assigning cases among all judges of the court with
the advice and consent of the presiding judge; pre-
paring and suhmitting to the presiding judge budget
estimates of appropriations necessary for the main-p
tenance and operation of the court; and preparing
and publishing an annual report on the work of the
court and on the activities of the office of admin-
istrator.
There are no provisions for administriv.
tors for the two judicial divisions of the Terri-
torial Court.
c. The presiding judge of the.Territorial Court
appoints a clerk for the court who, with the ap-
proval of the court, appoints a chief deputy clerk
for each judicial division and other necessary de-
puties and emnloyees.
There are no statUtory pro-
visions for assigning administrative duties to the
clerk.
[4 V.I.C. 1171, 86, 93, 381)
4.6 Rule-making.
Practice and procedure in the
Territorial Court are prescribed by rules adopted
503
(-)
Figure 1: Virgil? Islands Court System, 1980
TIIRETOILIAL COUNT OF THS VING/N ISLANDS
616111106
Jurisdiction:
- Civil actions under $50.000 (exclusive jurisdiction under $500.
Di
annulment adoption . suport, paternity, change of
name.
Administration of estate
guardianship, and trustee-
ship.
- Criminal cameo with prison sentence under 5 years (exclusive
jurisdiction if sentence no more than 6 months imprieonment
or fine not more than $100).
Exclusive jurisdiction In
violations of police and ommcutive regulations.
- Juvenile matters.
Ne appellate jurisdiction.
/
W
d
504
it
.11111,
1111.
Court of
limited
jurisdiction
by the District Court, including the Federal Rules
of Civil Procedure and the Federal Rules of Crim-
inal Procedure.
Subject to the approval of the
District Court, the Territorial Court may pre-
scribe rules for the conduct of its business con-
sistent with law and with the rules prescribed by
the District Court.
14 V.I.C. ii34, 83)
State-Level Administration
5.0 There is no provision for cent al administra-
tion because the jUdiciary of the V'rgin Islands
is divided between federal and terr torial courts.
Quasi-Judicial Officers
6.0 There are no provisions for quasi-judicial of-
ficers for the Territorial Court.
Judicial Discipline
7.1 Virgin Islands Commission on Judidical Disabil-
ities.
The Commission on Judicial Disabilities
consists of five members, all of whom must be
residents of the Virgin Islands and none of whom
may be serving in any capacity in any court in the
Virgin Islands except as attorneys.
The Governor
of the Virgin Islands and the president of the
legislature each appoints 2 members for 4-year
terms. -The Board of Governors of the Virgin Is-
lands Bar Association appoints one of its members
who has been actively engaged in the practice of
law in the Virgin Islands for at least 5 of the 10
years before his appointment to the commission to
serve a 1-year term.
14 V.I.C. 11652, 653)
505
7.2 Authority and procedure for sanction.
The
Virgin Islands Commission on Judicial Disabilities
has the power to retire or remove a judge of the
Territorial Court.
The commission may undertake
an investigation on its own initiative or upon com-
plaint of any person.
The commission may terminate
the investigation or order a hearing concerning the
conduct or health of a judge.
A hearing must be
held prior to making an order affecting the tenure
of a judge.
Such hearings are confidential unless
otherwise authorized by the judge whose conduct or
health is the subject of the proceedings.
The
judge is entitled to 20 days notice of charges.
He is admitted to the hearing, is represented by
counsel, offers evidence in his own behalf, and
confronts and cross-examines witnesses.
The com-
mission has subpoena powers and may order a judge
whose health is in issue to submit to a medical
examination by a duly licensed physician desig-
nated by the commission.
The commission must re-
port within 90 days after the conclusion of the
hearing findings of fact and make a determination
regarding the conduct or health of a judge who was
the subject of the hearing.
Four members must
concur in a removal or retirement order.
The com-
mission files an appropriate order in the District
Court, giving notice on or before the date the
order is filed to the judge, the presiding judge
of the Territorial Court, and the Governor of the
Virgin Islands.
A judge aggrieved by a commission
order filed with the District Court may within 20
days petition the District Court to review the
order.
The District Court reviews the proceedings
giving rise to the order and affirms the order,
reverses the order, or remands the cause to the
commission for further proceedings.
Determination
by the District Court is final and conclusive:
14 V.I.C. IUN, 657, 658, 6591
5 2 -1
Appendix A: State Court Administrators
r- ,-) .-
0..J
Appendix A
The following individuals and their staff were consulted by the taff of the
National CouFt Statistics Project concerning the accuracy and completeness of the data
that appears in each table and the narrative profile for their respective tate included
in this report.
Alabama
Illinois
1.apley
Honorable Roy 0. Gulley
Adsinisteitive Director of
Director, Administrative Office
the Courts
of the Courts
Alaska
Indiana
Arthur H. Snowden-II
Bruce A. Kotzan
Adainistrative Director,
State Court Administrator
Alaska Court Systes
Iowa
Arizona
William J. O'Brien
Noel K. Ussaint
State Court Administrator
Adainistrative Director of the
Courts
Kangas
Howard P. Schwartz
Arkansas
Judlcial Adminietrator
James Guy Petty
Executive Secretary, Arkansas
Kentucky
Judicial Department
Charles D. Cole
Director, Administrative
California
Office of the Courts
Adainistrative Director of the
Louisiana
Courts and Secretary of the
Eugene J. Murret
Judicial Council
Judicial Administrator
Colorado
Maine
Jane. D. Thomas
John P. Duffy
State Court Adinistrator,
State Court Administrator
Judicial Department
Maryland
Connecticut
William H. Adkins II
Honorable John A. Speziale
State Court Administrator
Justice, Chief Court Administrator
Massachusetts
Delaware
Honorable Arthur M. Mason
John R. Fisher
Chief Administrative Justice
Director, Adainistrative Office
of the Trial Court
of the Courts
Michigan
Florida
Einar Bohlin
Donald D. Conn
State Court Adminietrator
State Courts Administrator
Minnesota
Geor ia
Laurence C. Harmon
Robert L. Doss
State Court Administrator
Director, Adainistrative Officio.
of the Courts
Mississippi
Honorable Martin R. McLendon
Hawaii
Executive Assistant
Looter Earl Cingcade
Adainistrative Director of
Missouri
the Courts
James M. Parkison
State Courts Administrator
Idaho
Carl F. Bianchi
Montana
Adainistrative Director
Michael Abley
of the Courts
State Court Administrator
t";
) !*
508
Nebraska
South Dakota
Joseph C. Steele
Mark G. Geddes
State Court Administrator
State Court Administrator
Nevada
Tennessee
Harold E. Newpher
Cletus W. McWilliams
Director, Administrative Office
Executive Secretary
of the Courts
New Hampshire
Jeffrey W. Leidinger
Director of Administrative Services
Texas
C. Raymond Judice
Administrative Director of the Courts
Utah
New Jersey
Richard V. Peay
Robert D. Lipscher
Court Administrator
Director, Administrative
Office of the Courts
Vermont
Michael K. Krell
New Mexico
Court Administrator
Edward J. Baca
Director, Administrative Office
Virginia
of the Courts
Robert N. Baldwin
Executive Secretary
New York
Honorable Herbert B. Evans
Washington
Chief Administrative Judge
Howard Stanton Primer
Administrator for the Courts
North Carolina
Bert M. Montague
West Virginia
Director, Administrative Office
Paul Crabtree
of the Courts
Administrative Director of the Courts
North Dakota
William G. Bohn-
State Court Administrator
Wisconsin
J. Denis Moran
Director of State Courts
Ohio
Wyoming
Colt H. Gilbert
Theodore J. Fetter
Administrative Director of the Courts
State Court Administrator
Oklahoma
Marvin C. Emerson
Administrative Director of the Courts
American Samoa
Honorable Richard I. Miyamoto
Chief Justice, High Court of American Samoa
Oregon
District of Columbia
Honorable Loren D. Hicks
Larry P. Polansky
State Court Administrator
Executive Officer
Penns lvania
Honorable Alexander F. Barbieri
Court Administrator
Rhode Island
Walter J. Kane
State Court Administrator
Guam
Robert E. Leon Guerrero
Administrative Director of the Courts
Puerto Rico
Eulalio A. Torres
'Administrative Director of the Court
South Carolina
Virgin Islands
L. Edmund Atwater III
Honore
Verne A. Hodge
Director, South Carolina
Presiding
dge
4
Court Adinistration
5
(51) 7
4e
Appendix B: Data Collection Instruments
1980
STATE COURT
ORGANIZATION
SURVEY
A JOINT EFFORT OF:
CONFERENCE OF
NATIONAL CENTER FOR
STATE COURT-ADMINISTRATORS
STATE COURTS
NATIONAL COURT STATISTICS PROJECT, 300 NEWPORT AVE NUE, WILLIAMSBURG, VA. 23185
:5 2 0
Form Approved:
O.N.D. No. 043-0000
ETATS COURT OSGAMIZATIOS SUNSET
The State Court Organisation Survey is being conducted by the National Court Statistics Project,
project of the
ational Center for State Court*, in cooperation with state courts as represented by the Conference of State Court
Administrators (MCA).
Through this cooperative effort to develop a reliable reference source about our judicial system, the
State Court Organization Survey is gathering data on personnel, financial, and organisational characteristics of each state's
judicial and administrative system.
This request is authorised by the Justice System Improvement Act of 1979 (F.L. 96-157, 93 Stat. 1167, 42 United States
Code 3701).
While you are not legally required to respond, your cooperation is needed to make the results of this survey
comprehensive, accurate, and timely.
Because the scope of the State Court Organisation Survey is very broad and the result of this study vill be far
reaching, a careful explanation of some of the areas on the questionnaire is provided below:
- -Year of Data:
It is vital that the State Court Organization Survey collect and further disseminate the most
current data.
Therefore, the reference date for this survey and our preferred date is January 1,
1980.
If the preferred date is not used in reporting the requested data, please footnote the data
you are providing and give the date on page 13.
--Footnotes:
If the space provided in the questionnaire does not allow you to adequately describe your data or
to comment on the data, please footnote the particular question (start with, A and use alphabetical
order) and place your comments, cross-referenced to the footnote, on page 11 of the
questionnaire.
If additional space is needed, please use additional sheets.
- -Comparability:
It must be remembered that comparability is an important factor in this st
y.
To meet this need, please remember that data mwst be consistent througho
the
entire questionnaire.
Please maintain the same date of reference, the ,ame number of courts, and
answer all questions according to the directions provided.
Any deviati\on should be clearly
explained in your footnotes.
Data that are printed on the first line for each question represent an
of ths data that should be placed in each cell. These data are strictly hypothetical.
--Direct Current:
Direct current expenditures include salaries, wages, fees, and commissions; and purchase of
supplies, materials, and contractual services.
- -Frin e Benefits: (Contributions for Employee Benefits)--Any employer contributions to the Federal Social
Security
program, state and local retirement systems, commercial or mutual life insurance plans, workmen's
compensation funds; and premiums paid for health, hospital, disability, and other insurance
programa.
Exclude payments made directly to individuals and contributions made by employees to any
of the above programs.
1
)
Page II
--Capital Outlay:
The following categories should be included in your capital outlay
sxpenditure, data:
A.
Construction:
Production of fixed works and structures, and additions, replacements, and major
alterations thereto, undertaken by the employees of the government either on a
contract basis by private contractors or through force account construction.
Included are the planning and designing of specific projects; the grading,
landscaping, and other site improvement; and the provision of equipment and
facilities that are integral parts of the structure.
B.
iquIpmeet:
Purchase and installation of apparatus, furnishings, office equipment, motor
vehicles, and the like having an expected life of more than 5 years.
This
includes both additional equipment and replacements.
Rentals for equipment,
including rental payments that may be credited og the purchase price if
purchase options are exercised, are classified as direct current expenditure.
liquipment and facilities that are integral parts of constructed or purchased
structures are classified respectively under construction (see A) or purchase
of land and existing structures (see C).
C.
Purchase of
Purchase of these assets as such, purchase of right-of-way, the cost of a
Lamd amd
title search, and similar activities associated with purchase transactions.
RxIstImg
Structures:
We realise your time is very limited and your schedule is very busy.
It is of the utmost importance, however, that ve
receive your response to this questionnaire within the next three (3) weeks. Attached you vill find a self add
d, stamped
envelope for your convenience to mail your response.
Iryou wish to have another copy of this questionnaire, please telephone
and a copy will be mailed to you.
The data from these questionnaires will be compiled and published as the 1980 State court Organization Survey.
We
will send you the published document as soon as it
is available.
If you have any questions or desire clarification on any aspect of this questionnaire, please call Robert Zastany or
Joyce White at 804-253-2000.
Thank you for your time and cooperation.
I.
How,many full-time and part-time judge-
ships are authorized for courts of
appe l late ,I-TetetTrari,d special or
limited jurisdiction in your tate?
(As of January 1, 1980)
Rote:
Veirify the name of each
type of court within each
level of court.
2.
How many fulI-tijr and part-time
tetired judges #erved on courts of
appellate, gene
1, and special or
limited jurisdiction in your state?
fllwring calends
year 1979)
Mote:
Comet each retired jhdme
mice La hie-iit71;WF pri-
mary assigued court.
os
r 0 3
J
PART 1:
COURT PERSONNEL
Page 1
Court Type
Within
'
Level of Court
'
1.
Authorized Judgeships
2.
Retired Judges
Pull-Time
Part-Time
Pull-Time
Part-Time
Total
Authorized
Total
Utilized
Total
Authorized
Total
Utilized
Total
Available
Total
Utilized
Total
Available
Total
Utilized
Eadomple:
District Court
241
237
15
7
7
3
2
1
0
Appellate:
_
,
.
General:
_
-
.
4
Special/Limited: \
-
-
-
_
-
_
-
-
_
/
.
.
.1,
--..
,
(
5 '3 I
rJ
,/
3A. In the columns below please indicate theinumbar of "full-time equivalent" (FTR) personnel in courts of last resort and
in intermediate appellate courts for each of the positions listed.
(As of January 1, 1980)
Rote:
1) Retired judges should met.be counted or displayed for this questioa.
2) Do ant comet Administrng Office of the Courts/Judicial Council Staff; refer to Question Ember 5.
3) A full-tins equividest is sue person at 1002, two persons at 502, three persoes st 33 1/32, etc.
4.
Page 2
8
_
TYPE
OP
POSITION
Court Type
Within
Level
of
Court
.
Total
FYI
Personnel
?TR
Judges
Judicial Support
Office of the Clerk
VTR
Commie-
sinners
end Other
Quasi-
Judicial
Personnel
FTR
Court
Reporters
(editors
of opin-
ions)
Legal Staff
_
FTR
Secretar-
ies and
Other
Clerical
Staff
FPS
Other Court
PIPIOPeos*
Paid b7 the
Court (i.e.,
bailiff,
mershall,
etc.)
FPI
Clerk of
Court and,
Prof..-
sional'
Staff
,
rrr
Secretar -
ies and
'Other
Clerical
Staff
?TS
Assigned to
. Individual
Judges (not
counted in
central
staff)
FTE
Central
Staff
Smoep/e:
Supreme
cmirt
44
7
0
2
7
3
7
10
2
e
Court(s) of
Last Resort:
-
-
_
.
o
Intermediate
Appellate Court(s):
*
-
/
I
-
-
_
.
\
*Please Specify Type of Posi-
tion of Other Court Employees:
(Question No. 1 tontinued on next page)
6
;
(Question No. 3 continued)
31. In the columns below please indicate the number of "full-time equivalent" (FTE) personnel in general, and in
speciel or
limited jurisdiction courts for each of the positions listed.
(AA of January I, 1980)
Note:
1) Retired jedipas Should sot be counted or displayed for this pasties.
2) Do sot count AdninistiMire Offite or the Courts/Judicial Council Staff; refer to Question linnber 5.
3) A full-time equivalest is one person at 1002, two persons at 502, three persons at 33 1/32, etc.
Page 3
\
.
Court Type
Within
Level
of
Court
/
TYPE
OF
POSITION
Total
FTC
Personnel
FTE
Judges
Judicial Support
Office of the Clerk
FTE
TriAl Court
Adisinistra-
tors and
Their Pro-
fessional
Staff
FTE
Court
Reporters
Legal Staff
YU
Secretar-
ies and
Other
Clerical
Staff
.
FTE
Other Court
Employees*
Paid by the
Court (i.e.,
bailiff, pre-
trial/pro-
bation per-
vices, etc.)
FTS
Clerk of
Court(s)
and Pro-
fessional
Staff
1
FTE
Secretor-
ies and
Other
Clerical
Staff
FTE
Assigned to
Individual
Judges (not
counted in
central
staff)
,
FTE
Central
Staff
&ample:
District
Court
517
70
17
44
17
,
5
.
107
i
52
64
141
as
General:
-
-
-
I
P
A
Special/Limited:
-
-
-
-
-
-
-
-
-
-
i
,
,
.7
,
/
*Please Specify Type of Posi-
tion of Other Court Inployees:
t_f tl
5a8
4.
Please indicate the titles of officers, number of
officers, and courts served by commissioners,
asters, referees, registers, magistrates, registers
of probete, and/or other types of quasi-judiciml
officers (i.e., those who serve regularly in an
authorized quasi-judicial capacity).
(As of
January 1, 19NO)
N ote:
If an officer serves more than one court
type, count that iadividual only once in
the court of his/ber primary assignment.
roi
Page 4
Court Type Within
Level of Court
Title of
Officer
Number of Officers
Full-Time
Part-Time
Ermple:
District Court
Master
r
.
17
,
3
Appellate:
General:
Speciml/Limited:
f
..
,
PART II:
STATELEVEL ADMINISTRATIVE OFFICES
0 AOC/SCA
0 JUDICIAL COUNCIL
Page 5
(Please check box for which data are given.)
5.
Please give the number of full-time equivalent (VTS) professional personnel employed
by and working in your administrative
office (as of January 1, 19410) in each of the following types of positions.
(Do not include clerical/secretarial staff.)
nett: I)
Display pereemmel by pumas* of time each speedo in every job function.
Tor example: 1 V11 professional could divide his/her time as
fellows:
.50 Statistical Compilation, .25 Sesoarch, .10 JPC/Plamniog, mod .15 Ovalaatiom.
2)
If more them ome perms perform a fmsctiom, add together the seamenta of their time amd
display the sem by that function.
Tor example:
3 PT, profeesiomale each performing statistical compilatios for .25 of their time would
equal .75.
Theis, .75 mould he placed is the space
pausal's to statistical compilatiom.
Professionals by Function
Rind
of
Activity
Management
Activities
Information
Systems
Activities
Court Support
Services
Finance and
Budget
Activities
Education and
Training
Activities
Personnel
Services
,
Public Infor-
motion and
Liaison
Activities
Planning and
Research
Activities
SCA
Supervision
Supervision
Supervision
Supervision
Supervision
Supervision
Supervision
r
Deputy SCA
Systems
analysis
Programming
Probation
coordination
Court re-
Payroll
Accounting
Audit
Education
Training
Library
Personnel
systems
Office
Legislative,
executive,
public, and
Statistical
compilation
JPC/plan-
U
Computer
porting
Budgeting
Publications
management
media infor-
nine
N
operations
Trial court
Purchasing
nation
C
Records
administra-
Legislative
Research
Evaluation
T
management
tor(s)
liaison
Statistical
I
Forme
Court coor-
Executive
analysis
0
N
s
development
Field
representa-
tive(s)
dination
_Other court
services
Facilities
management
liaison
Legal
services
Legislative
drafting
TOTAL
Professional
Total
Total
Total
Total
Total
Total
Total
Total
Staff:
--
\
541
r A0
J Ac..
1
1.4
r 4 "
3 A ti
6.
A
What was the total of direct current operating expenditures
for the state-level administrative office for the last com-
pleted fiscal year?
Fleas. include federal funds that were
a part of your direct current operating expenditures.
Note:
!greet current spersting espeeditures imcleded
bore should be salaries, mess, fees, com-
mleeiama, purchase of supplies, materials,
amd contractual services.
N. mot imclude
capital outlay or employee triage benefits;
also empe &digitises at the begimmiag of the
Questioessire.
B.
What was the total expenditure for employee fringe benefits
for the state-level oMministrative office for the same
fiscal year as used in Question No. 6,0
Note:
Please isclude the triage benefit portion
of federal funds that were a part of
direct currest operating expeeditures.
C.
What use the total expenditure for the state-level admin-
istrative office for the last completed fiscal year?
Mote:
The total expenditure should isclude the
coot of
sties of the state-level ad -
nisistrat v. etrmee mmd the cost of 2!2-
rams admimistered by the state-lever--
samisistrative office (these ere defised
is mere detail im *notice No. 7).
D.
If it
is not possible to segregate the expenditure for
the state-level administrative office from an aggregate
amount expended for eeeeee 1 agencies, please give the
aggregate amount.
UNTIAGGREGATE AND
Fags 6
unt of Direct
Current
Expenditures
Fringe Benefit
Expenditures
AMOUNT
Check
One
For which period was that expended?
FY July 1,
1978. to June 30, 1979
Or
FY Oct, 1, 1978 to Sept. 30, 1979
0
or
CY Jan. 1, 1978 to Dec. 31, 1979
Other
to
1979
E.
Specify which agencies or services other than
those of the state-level administrative office
AND
that were covered by the expenditure:
7.
Please indicate the source(s) of total expenditures (state, federal government, and other) for the state-level
administra-
tive office for the last completed fiscal year and the relative contribution of each source to the total.
Mete:
Perceetages displayed below ibeeld oerrespoed with
actual ezpeediture mmoests reported I. Nestles No. 6.
N
Total Funding for State-Level Administrative Office
Operational and Paso-Through
Fiscal Components
Percent of Expenditure Contributed by*:
State
Federal
Government
I
Other
(specify)**
Total
Operation of the State-Level Administrative
2
2
2
1002
Office.
(State court administrator exerts routine
day-to-day operational control, e.g.,
fiscal and other staff personnel, facili-
ties/maintenance, equipment/supplies/
forma.)
Provemo administered by the State-Level
2
2
2
.
1002
Administrative Office.
-
(State court administrator acts as 4
funding vehicle or pass-through for sup-
port funds, e.g., Judicial salaries,
educational/training, pretrial delay,
special equipment grants, management
infolmation systems.)
*Use actual data.
If actual data are mot available, please
give estbrites end specify Aid, fieures are estbritea.
**Other eourceiar (specify):
Page
7
5 4 co
a 0
,
43
4
Page 8
8A. Which of the following functions does the stste-
level administrative office actually PIRFORNt
Check appropriate boxes below.
IF
811.
All
Courts
For which court
office perform this
the column(s) below.
Court(s)
.of Last
f Resort
levels does the state-level administrative
function?
Check appropriate
N/A
Not applicable.
boxes in
Court(s) of Special
or Limited
Jurisdiction
Intermediate
Appellate
Court(s)
Court(s) of
General
Jurisdiction
1. 0 Makes appearances before legislative committees dealing
with court-related legislation.
'
0
2. 0 Obtains sponsors for legislation relating to courts.
3. 0 Represent& the judiciary 'before agencies. of the executive
branch.
4. 0 Makes recommendations to the Court of Last Resort with
respect to the creation or dissolution of judgeships.
5. 0 owes recommendations to the Court of Last Resort with
Aspect to the assignment of judges.
0
0
, 0
0
0
0
.
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
.6. 0
Nominates trial,court administrators for selection by
trial courts.
N/A
N/A
N/A
0
0
7. 0
Is responsible for records mansgement systems.
0
0
0
0
0
8. 0
Is responsible for managing data processing.
0
0
0
0
0
9. 0
Is responsible for forms design.
0
0
0
0
0
10. 0
Is responsible for managing information systems.
0
0
0
0
0
11.
'El Istablishes records fo l. automated administrative systems.
12. 0
Is responsible for budgeting financial requirements of
state information systMlid.
[::]
0
0
0
0
0
g
0
0
0
Is responsible for statewide inventory control of
facilities/equipment.
0
0
r 4 (
I .2)
41'
4
-
I
A. (Continued)
Which of the following functions does the state -
level administrative office.actually ?INFORM?
Check apptop4ate boxes below.
SD. (Continued)
For which court levels does the state-level administrative
All
Courts
23. 0 Conducts audit of judicial expenditures.
24. 0 Requires accounting and 64Mget reports from the courts.
25. 0 Approves requisitions for capital equipment/construction.
26.
0 Determines compensation for nonjudicial court personnel.
27: 0 Establishes qualifications for nonjudicial court personnel.
28. 0 Is respolpitie for judicial training programs and seminars.
29. 0 Is responsible for nonjudic4a1 training programs and
seminars.
30. 0 I. responsible for managing irate law libraries.
31.- 0 Assipts court(s) in exercife of its rule=sakingefunction.
32. 0 Disaestmates inhumation-an court operation. to thm media
and public.
.
4
,
13. 0 Disseminates informatiow'on court decisions to the media
and public.
.
14.
I. responsible for court pLanni,6 and grant nsnagenent.
35.
Collects/analyses/publisbes court"saaeload statistics.
36. -0 Requires'caseloai
rts fro* the courts.
37.
131Collects
statistics-on expenditures of state.
*
p-
o
o
o
o
o
o
o
o
o
0
o
.
Page 10
office perform this function?
the column(s) below.
Court(s)
Intermediate
of Last
Appellate
.
Resort
Court(s)
Check appropriate boxes in
Court(s) of
Court(s) of Special
G
1
or Limited
Jurisdiction
Jurisdiction
0
o
o
o
0
0
0
0
0
0
0
0
0
0
o
0
o
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
o
0
0
0
o
0
0
0
o
o
o
o
o
0
o
o
0
0
0
O
0
0
0
0
t
L
Page 9
SA.
(Cont inued)
Which of the following functions does the state-
level administrative office actually PERFORM?
Check appropriate boxes below.
Si.
1
All
Courts
(Cont inued)
For which court
office perform
the column() below.
Court (s)
of Last
Resort
levels does the state-level administrative
this function?
Check appropriate
N/A -
Not applicable.
boles in
Conrt(s) of Special
or Limited
Ju
diction
Intermediate
Appellate
Court(s)
Court(s) of
C
1
Jurisdict ion
14.
Provides secretariat services to:
0
0
0
/1
0 a)
Judicial Council.
0
0
0
0
0
b)
Judicial Nominating Commission.
0
0
0
0
0
c)
Judicial Disciplinary Commission.
0
0
0
0
0
0
d)
Judicial Tenure Commission.
0
0
0
0
0
0
e)
Judicial Compensation Commission.
0
0'
0
0
0
LA
0
f)
Other .
(Spec i fy:
).
0
0
0
0
0
Is.)
IP
15. 0
Researches court org aai aa tion and function.
0
0
0
0
0
16. 0
Supplies reports and documents to the legislature as
required.
't
0
MP
0
17. 0 Provides technical assistance to court jurisdictions.
N/A
N/A
El
0.
0
18. 0
Manages physical facilities for courts.
0
0
0
0
0
19. 0 Supervises probation s2rvices.
0
0
0
0
0
20. 0
Supervies court reporter aaaa ices.
0
0
0
0
0
21. 0 Is
responsible for managing indigent defense.
0 ,.
o
o
o
o
2. 0 Prepares budget for ubmission
to the Court of Last
0
0
0
0
0
Resort.
'1
..
1
...., ,.
.0
A.
Which of the followine accurately describes the relationship between the state judicial and executive branches relevant to fiscal
administration?
CRiCK APPROPRIATI OMB.
Page 11
1.
Judicial branch has
0 limited 0 total authority
for statewide judicial fiscal administration.
2.
Judicial b'ranch
0 sets its ems 0 follows the executive breech's
fiscal administrative procedures; if it sets its own,
they are
0 similar to 0 different from
those of the executive branch.
3.
Judicial branch
0 ets its ems 0 follows the executive bramch's 0
uses independeet statelevel egemcy or service bureau
that 'services all breaches' (judicial, emseetive, sod legislative)
purchasing procedures; if it sets its own, they are
0 similar
to 0 differemt from
those of the executive branch.
4.
Does the judicial branch process all major (more than $5,000 or
) purchases through the state purchasing offices?
0 TES 0 NO
If yes, it does so
memdatorily 0 volumterily.
5.
Judicial branch
0 mmimtaims its omm 0
uses the executive breach's
inventory control system and procedures.
U.
6.
Judicial branch
0 maintains its own payroll and personnel records and procedures.
O
uses executive brench's payroll procedures, but maintains its own payroll end personnel records.
O
uses executive branch's payroll procedures and personnel system.
O
uses independent statelevel agency or service bureau that services all branches (judicial, executive,
and legislative).
7.
Jedicial bra-.ch
0 maintains its omm occounting system.
O loses executive branch's accounting system, but is not subject to executive controls and procedures.
O has am mccosetieg system that is integrated with an executive systee,
5"
)57,1
(Question No. 9 continued)
Page 12
911.
Which of the following accurately describes the relationship among the state judicial, executive, and legislative branches relevant
to fiscal admin.
ion?
CHECK APPROPRIATE BOXES.
I.
Executive branch must approve transfer of funds across budget categories.
0 TES 0 NO
2.
Executive branch must approve all payable vouchers.
0 TIN 0 No
3.
Executive branch must approve
0 all purchases.
0
all purchases above $
0
does not approve purchases.
4.
Executive branch
0 performs 0 prescribes
pre-audit procedures.
5.
Executive branch
performs 0 prescribes
i n
1 audit procedures.
6.
Legislative branch perforum post-audit of judiciary.
0 YES 0 NO
7.
State budget statutes ttttt judicial branch the same as "one of many" executive branch agencies.
S.
State budget statutes ttttt judicial branch budget separately and co-equal to executive branch budget.
S.
State budget statutes ttttt judicial branch budget sep
ly and not equal to executive branch budget.
0 NO
0 YES 0 NO
0 YES 0 NO
r
Footnote
(letter)
(refer to page 1)
Comments:
This area is provided for footnotes and general comments.
..
-
1
Footnote
(letter)
Consents:
L.
Page 13
I
558
r
CHECKLIST FOR.REVIEWING STATE NARRATIVE PROFILES
When reviewing the profile of your state's court system,
please make
changes and additions directly on the profile.
Make certain the profile
displays information that is current (1980) and give particular attention to
the following areas:
1.
STATE-LEVE1 ADMINISTRATIVE OFFICE ORGANIZATION CHART
Please enclose a chart displaying your current state-level
Administrative Office structure.
A hypothetical example is
attached (Example A).
If a published version is not available,
please attach a draft copy.
2.
COURT_SYSTEM ADMINISTRATIVE STRUCTURE CHART
Please enclose a diagram reflecting your current court system
administrative organization.
Attached is a hypothetical example
(Example 15).
Make certain that the entire administrative
structure is displayed.
3.
COURT SYSTEM ORGANIZATIONAL CHART.
Please update (with 1980
information) the attached 1977 judicial organization chart.
Are the names of the courts accurate as shown?
- --
Are there any courts in existence that are not
included on the
\
_
chart?
Are there courts on the chart that are no
longer in existence'
I. the jurisdiction listed for each court correct
and complete?
4.
PROFILE.
Please refer to the attached outline to locate
the sections
to be checked.
a.
Court terms.
Sections 1.1, 2.1, 3.1, and 4.1
Is information concerning the number of terms and
length of
terms present for all courts?
b.
Geographical jurisdiction.
Sections 2.2, 3.2, and 4.2
In all courts except the court of last resort,
the geographic
jurisdiction of the court
should be included in the section
on organization.
1
c.
Specialized divisions.
Sections 3.2 and 4.2.
Are there any specialized divisions of the court
that are not
mentioned?
d.
Jurisdiction.
Sections 3.4, 4.4
__
Has juvenile jurisdiction been adequately covered'
S.
Judges.
Sections 1.4, 2.4, 3.4, 4.4
Check the number of judges for all courts.
This should be
the number of judges authorized.
In the general jurisdiction section (Section
3.4.a), there
should be a statement that indicates whether or not
there is
chief judge over all the distmicts or circuits in the state
as well as a statement concerning whether or not there is a
presiding judge for each district or circuit.
Please check
to make certain we have interpreted this situation correctly
for your state.
This distinction should also he made in the
section on the administrative duties of the chief
judge and
presiding judges (Section 3.5.a).
(The areas served by the
chief judge and presiding judges should be
made clear for all
courts.)
(OVER)
sev
()
If the juscices and judges are elected, is the election
process adequately described?
(Sections 1.4.c, 2.4.c, 3.4.c,
nd 4.4.c)
Please indicate if the election is a retention election
held after the vacancy has been filled by gubernatorial
appointment:
---
If new iustices are elected, is there a primary?
f.
Administrative sections.
Sections 1.5, 2.5, 3.5, and 4.5
Please
check the duties listed for chief judges, administrators, and
clerks and add any administrative or supervisory duties that do
not appear.
In the general jurisdiction section (Section 3.5.b), a
distinction should be made as to whether the trial court
administrator serves over all the districts or circuits in
the state or if each district or circuit has its own trial
court administrator.
The daties for each type of
administrator should be listed.
(The area served by every
type of administrator should be clear for all courts.)
Please clarify whether the, clerk of cdurt supervises or
carries out the duties chat are listed, some of which appear
to be clerical.
(Clarify for all courts.)
Name of statelevel administrative office.
Section 5.2
Is the name shown the exact name of the office in your state?
Please supply the authorization (cite specific statute,
constitutional provision, or court rule) for the office if ic
is missing (Section 5.2.a).
h.
Director. _Section 5.2.b
Is the title shown the exact title of the administrator?
Please supply the authoTITWE'ion (cite statute, constitution,)
etc.) for the position if ic is missing (Section 5.2.b.[1]).
1.
Office Organization.
Section 5.2.c
Have support services been adequately explained?
g.
5.
GENERAL.
The entire profile should be checked for the following:
a.
Accuracy of material
Is the information about courts in your state accurate and
complete according to the outline?
b.
Citations
Are the citations accurate?
Are titles of documents or portions of titles expressed
coruectly?
6.
TAILORED QUESTIONNAIRE.
Each state is being requested to address
specific issues relating to its profile.
We need this information to
complete cne narrative portion.
Fill in the itemized missing data.
Please examine each specific question carefully and respond in the
space provided.
529
/
fiv
inirirnatiOn Systeme',
Officer
ENKE Aa _SIAMAIEVELAMMINISTRATIW OFFICE Of THE COURTS (HYPOTHETICAL EXAMPLE)
Deputy
--Systene Analysis'
--Programming
-Cereputer Opera-
[toed
--Records Manage-%
ment
,
Couri Support
Services Officer
Finance and
Budget Officer
yr`
- -Probation'
--Payroll
--Educitiow
--Court Report-
--Accounting
-7Training
ing
--Audit
--Trial Court
--Sudgeting
Adninietra
--Purchasing
COCO
'
Education
and Training
Officer
Personnel
Officer
"Walt Information;
and Liaison Officer
-Ilk
Planning
and Research
Officer
--Parinantl
--Legfelstler.lreautive.
--Sratisttce-
Syatesw
:
Public asd Media In-
--JPC/Plannin
.
,!.,
fOimation
..,
.
R
h
--Legidlative Ihkadson
V
.4
Mote:
In1-smaller litotes eeeee
function.
may be combined within one person%
mar. malf or nay net be
deputy.
, 1 II
t,
1
State Court Organizatioa Verification Table:
State of:
Table 1:
Justices of courts of last resort - -name of court, number of authorized justices, term, and,salary.
Name of court
Number of
authorized
justices
Method of selection
of justices
(other than Chief Jusitice)
Term
of justices
Salary of
justices (other
than Chief ,Justice)
Tab1e,2:
Chief Justites of courts of last resort - -title, method of selection,.-term, and salary.
Title
Method or selection
,
Term,is Chief
Justice
Salary
Table 3:
Judges of intermediate appellate courts -maee of court, number of cdurt districts, number of n
authorized justices, terli, and salary.
Name of court
Number
of court
districts
Number of
Method
authorized
of
Terme
judges
Selection
Salary
Table 4:
Judges of Courts of general jurisdiction- -name of court, number of courts, number of autborized
judges, term, and salary.
Name of court
Ntimber
Number of
Number
of
authorized
of
Terms
Salary
courts
justices
Counties
Table 50-
4pdges of courts of limited or Special juriediction--neme of court,-number of courts, number of
eutborised judges, term, and alary.
Name of court
-4
Number
Number of
of
authorized
Terms
Salary
yurtS
justices
(in years)
Table 16:
Jurisdiction of trial courtadv-name, amber, and georraphic boundaries of courts; number
of judges; and areas.of substantive jurisdiction.
Substantive jurisdiction
Civil
Criminal
Traffic
Juvenile
Appellate
;able 17:
Jurisdiction over appeals in trial courts.
Courts of
general
jurisdiction,
Type ofNappeal and court of origin
GE_
De novo
De novo
on record
On record
Table 6: Qualifications of appellate justices end Judges.
Note:
This table lists only qualifications required by constitution, statute, or court rule.
4
'''
4
1-
.
Admitted
Minimum
,
Minimum
U.S.
:'
Lt43,
.to state
'
residence in
degree
'oYfelregal
State
citiienship
bar
District
age
experience
.
:.4,
.
''''
4;,,,,
Table 7:
Qualifications of general- Jurisdiction, Judges.
.
.
,.
41,
'
NO:11:
This table lists' only qualificatione required by constitutio;t,' statute,
cOurt,rule.-°
.
Admitted
Minimum
,,
.:'
t .
IWars
..
11.Sw
;
L'aw
td.state
residence in
Mfnimum .,
- oi legal
1 --
eitizenshcp
degree
bar
State
District
age
"experience-, -4
Table 8:
Qualifica4tiOus of udges of Limited and sptcial jurIediction zeurts.
This table lists only qualifications required, by constitution,- statute, or court rmle.
,-.
Admitted
Minimum
.
Years,.
M.S.
Law
to_state
residence irr
! Minieum
-. of legal
,
citleenehip
degree
bar
State `
District
..
age,
exper,ience:
532
" "-)
J
Table 10:
Judicial election.
s,
State or
other
jurisdiction
by court
Method of initial selectio
Merit
plan
Method of
filling
interim
judicial
vacancies
Popular election
Appointment
Partisan
Non-
partisan
By
legislature
or, municipal
body
By
judAe
By
executive
Table 11:
Description of merit plans.
Legal
base of
plan
Year
estab-
lished
Plan used
for appointments
Initial
Interim
e
Number
of
nominees
.
Type of retention
election
a
V
On record
mw
Partisan
Nonpartisan
Table 24:
State court administrators.
NOTE:
The qualifications listed below are those required by constitutional, statute, or court rule.
Qualifications for state court
administrator
Education
Prior
experience
Appointing authority
Administrators'
annual salary
Table 29:
Judicial councils and conferences.
Name
Authority
Purpose
Table 18:
Employees of appellate courts.
NOTE:
All figures represent full-time employees or full-time equivalents.
Name
of
court
Judicial
kdminietrative
Total
s
Judges
Commissioners
and other
quasi-Judicial
personnel
Vqs,
n
Clerk of
Legal
Secretaries
Cburt
staff"
Reporters
and other
and
of
support
.staff
decision
staff
Other
Table 19:
Employees of general Jurisdiction courts.
NOTE:
All figures represent full-time employees or full-time equivalents.
Name
of
court
Judicial
Administrative
0lJ0
0
Table 20:
Low clerks for courts of last resort.
Number
Selected by
Law
Degree
Replacements
Salary
Serving
Authorized
Court
Individual
judge
Annual
Discretionary
I
0
534
_JP
i
t
,.
1e
1.
Appendix C: Glossary
*
_
at
a
5 ft: 8
,
n
,
aik
i
Glossary
Terms defined below are used in this document
to describe,court employees and types of courts.
More extensilie definitions of the terms starred (*)
below and definitions of caseload terms may be
founcipin the State Court Model Statistical Diction-
la. compiled by the National Court Statistics Pro-
ject (NCSF). National Center for State Courts and
the Conference of State Court Administrators--NCSP
Appellate Court
A court, the primary function
of which is to review judgments of trial
courts and administrative agencies (or
in the case of a court of last resort,
also to review decisions of an intermed-
iate appellate court.
Court - A unit of the judicial branch of gov-
ernment. authorized or established by
construction or statute. which has the
legal authority to decide cases or con-
troversies brought before it.
Court of General Jurisdiction
A trial court
that has original jurisdiction over all
subject matter or persons within its geo-
graphical limits except those that may
be assigned by law to a limited or spec-
ial jurisdiction court.
Court of Last Resort
An appellate court that
has final jurisdiction over appeals with-
in the tate.
Court of Limited or Special Jurisdiction
A
trial court that has legal jurisdiction
over only the'apecific subject matter or
persons assigned by law or statute to
that court.
\
Court System - A judicial agency established or
"authorized by constitutional,or statutory
law.
A court system may consist of a
single court or a group of two or more
courts.
Committee.
Funding for the devel9pment of the
dictionary and its subsequent pubtication in July,
1980. was provided by the Bureau of Justice Statis-
tics. U.S. Depa tment of Justice.
Other defini-'
tions were modi ied from definitions contained in
the National Sur
y of Court Organization. produced
by the Law Enforc
nt Assistance Administration
in 1973.
Full-time Equivalent (FTE) - The total number
of employees working full-time that would
be needed to accomplish the amount of
work that is done.
ThiS-figure is calcu-
lated by dividing the total number of
hours worked by all employees
year by the number of sours in tht stan-
dard agency work Oar.
This definition
is not related to other,definitions of
FTE that are based on the portion of the
average full'time agency salary paid to
each employee.
Intermediate Appellate'Court - An appellate
court that hears appeali from trialo
courts and administrative agenoies.as
specified by state liw or at the diicre-
tion of the court of last resort.
,
Judicial District or Circuit - One of the ieo-
graphic areas into which a state is coMr
moray divided for jddicial purposes.
It
may include Part or all of one, two or
Tore counties having separate court
locations and presided over by the same
judge or judges.
State Court
A court established or authoriitd
under the constitution Or laws of a state
and concerned primarily with the judicial
administration of itate -and local govero7
ment'law.
Trial Court - A coorti'the primary functioh of
which is to decide cssAi.
Trial De Novo
A trial in which'in appeal from
a trial court is heard id the paye'or
another, trial court as a completely hew
hearing of the case.
537
z
U.S. DEPARTMENT OF JUSTICE
Bureau of Justice Statistics
USSR VALUATION
State Court Organization, 1980
NCJ-76711, C-8
Dear Reader:,
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20402.
National Crime Survey'
Criminal VicandasSon in Ihe United Slabs
(annual)
Summary Findings of 1976-79 Changes in
Crum" and of Trends Since 1973 NCJ-
62993
A Description of TrendS from 1973 to 1978
NCJ-66716
1476 (final report) NCJ-66480
1977 NCJ-58725
1976 NCJ-49543
1975 NCJ-44593
1974 NCJ-39467
*1973 NCJ-34732
The Cosi of Negligence Losses from
Preventable Household Burglaries
NCJ-53527
The Hispanic Victim Advance Report
NCJ-67706
Intimate Victims A Study of Violence Among
Friends and Relatives NCJ 62319
Crime and Seasonality, NCJ-64818
Criminal Victimization of New York State
Residants, 1974-77, NCJ 66481
Criminal ylcilmisation of California Residents.
1974.77, NCJ-70944
Indicators of Crime and Criminal Justice
Quantitative Studies NCJ 62'149
Criminal Victimization Surveys in 13
American cities (summary report I vol
)
NCJ 18471
B oston, NCJ 34818
B uffalo, NCJ -34820
NCJ 34919
Houston, NCJ-34821
Miami. NCJ 34822
Milwauked, NCJ 34823
Minneapolis. NCJ 34824
New Orleans, NCJ 34825
Oakland . NCJ-34826
Pittsburgh, NCJ-3462 7
San Diego, NCJ 34828
San Francisco. NCJ 34829
Washington, D C , NCJ 34830
Public Attitudes About Crime
t 3 vols
'Boston. NCJ 46235
B uffalo, NCJ-46236
Cincinnati, NCI-46237
Houston. NCJ 46238
NCJ 46239
Milwaukee, NCJ- 46240
* Minnows:oils, NCJ 46241
New Orleans, NCJ-46242
Oakland, NCJ-46243
Pittsburgh, NCJ- 46244
Son Diego, NCJ 46245
San Francisco. NCJ-48246
Washington, D C NCJ 46247
* CRMInel Victimization Surveys in Chicago,
Detroit, Los Angeles, New York, and
Philadelphia A Comparison of 1972 and
1974 Findings NCJ-36360
Criminal Victimization Surveys in Eight
American Cities A Comparison of 1971 72
and 1974,75 Findings National Crime
Surveys in Atlanta Baltimore Cleveland
alias Denver Newark Portland and St
uis NCJ-36361
nal Victimization Surveys in the
Nolion's Five Largmt Clem National
Crime Panel Surveys in Chicago Detroit
Los Angeles New York and Philadelphia
1972 NCJ-16909
Grimm and Weems A Report on the Dayton
San Jose Pilot Survey of Victimization
NCJ 013314
Applications of the National CrIms
fumy Victimisation and Attituda Data:
Public Opinion about Crime The Attitudes
of Victims and NOnviCtims in Selected
Cities NCJ-41336
Local Victim Surveys A Review of the
Issues NCJ-39973
*The Police and Public Opinion An Analysis
of Victimization and Attitude Data from
13 Anierican Cities NCJ-42018
An introduction to the National Crime
Bumpy, NCJ-43732
Compensating Victims of Violent Crime
Potential Costs and Coverage of a National
Program NCJ-43397
Rape Victimization in 21 American Cities.
NCJ-55678
Crirne Against Persons in Urban, Suburban,
and Rural Areas A Comparative Analysis pf
Victimization Rates NCJ-53551
Criminal Victimization in thaw Schools.
NCJ-56396
hostitution to Victims of Personal and
Household Crimes, NCJ 72770
Myths and Realities About Crime A
Nontechnical Presentation 01 Selected
Information from the National Prisoner
Statistics Program and the National CrIme
Survey NCJ 46249
NatiOnal PrisOner Statistics
Capital Punishment lanhualt
1979 NCJ-70945
Prisoners in Slate and Focieral Institutions on
December 31
A-
1979 NCJ- 73 /19
*Census of State Correctional Facilities, 1974
advance report NCJ 25642
Profile of State Prison inmates
Sociodemographic F indings frorn the 1974
Survey of Inmates ot State Correctional
Facrrlities NCJ 58257
*Census of Prisoners in State Correctional
Facilities, 1973, NCJ 34729
cus 61 Jails and Survey of Jail Inmates
197111, preliminary report NCJ 55172
of II. of Inmates of Local Jails Soi io
mographic Findings from the 19751)iirvey
o nmates of Lot al Jails NCJ 65412
*The
tIon's Jails A report on the census
of 1
Is from the 1972 Survey of inmates of
Loc,Al Jails NCJ 1906 7
Uniform Pa foss Reports
ParCde in the Untied States (annual)
1979 NCJ-69562
1978 NCJ-58722
1976 and 1977 NCJ-49702
A National Survey of Parole-Reload
LagisistIon Enacted During the 1979
Legislative Session NCJ-64218
Characteristics of the Parole Population. 1971I,
NCJ-664
Children in Custody Juvenile Detention and
Correctional Facility Census
1972 advance report
Census of Public Juvenile Facilities
NCJ-60967
Census of Private Juvenile Facilities
NCJ-60966
1975 (final report) NCJ 58139
1974 NCJ-57946
1973 NCJ-44777
*1971 NCJ-13403
'CO of stock but availabls on interlibrary oan
State and Local Probation and Piro!' Sysiems,
NCJ-41335
Slate and Local Prosecution and Civil Attormiy
Systems, NCJ-41334
National Survey of Court Organisation
.
1977 Supplement to State Judicial Systems
NCJ-40022
*1975 Supplement to State Judicial Systems
NCJ 29433
1971 (full report) NCJ-11427
State Court Model Statistical Dictionary,
NCJ-6 2320
State Court Caseload Statistics*
The State of the Art NCJ-46934
Annual Report 1975 NCJ 51885
Annual Report 1976 NCJ 56599
A Cross-City Comparison of Felony Case
Processing, NCJ 55171
Trends In Expondltura and Employment Data
for the Criminal Justice System, 1971-77
(annual) NCJ-57463
Expenditum and Employment Data for the
Criminal Justice System (annual I
1979 advance report NCJ-73288
1978 Surnmary,Report NCJ-66483
1978 final repOxf NCJ-66482
1977 final repot? NCJ-53206
Justice Agencies in the U S
Summary Report of the National
Jitsiu e Acle4-.)cy List NCJ 65560
Dictionary of Criminal Justice Data Terminology'
Terms and Definitions Proposed for Interstate
and National Data Collection and Exchange
NCJ 36747
Utilization of Criminal Justice Statistics
Project.
Sourcebook of Criminal Justice Statistics 19110
(annual) NCJ 71096
*Offender-Based Transaction Statistics New
Directions in Data Collection and Reporting
NGJ 29645
Sentencing of California Felony Offenders,
NCJ 29646
Crime-Specific Analysis
* The Characteristic s of Burglary Incidents,
NCJ 42093
An Empirical Examination of Burglary
Offender Characteristics NC3-43131
*An En pirical Examination of Burglary
Of fenders and Offenie Characteristics
NCJ 42476
Sources of National Criminal 4ustice
Statistics An Annotated Bibliography
NCJ 45006
Federal Criminal Santencing Perspectives
of Analysis and a Design for Research
NCJ-33683
Variations In Federal Criminal Sentences
A Statistical Assessment at the National
Level NCJ 33684
Federal Sentencing Patterns A Study of
Geographical Variations NCJ-33685
Predicting Sentences in Federal Courts The
Feasibility of a National Sentencing Policy
NCJ-33686
6
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