USVI Public Records

Document text (beginning — full text at the TXT link above)

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 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- 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. …