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Federal Court Governance: Why Congress Should -- and Why Congress Should Not -- Create a Full-Time Executive Judge, Abolish the Judicial Conference, and Remove Circuit Judges from District Court Governance

NCJ Number
148807
Date Published
1994
Length
137 pages
Annotation
This paper analyzes current Federal court governance arrangements and suggests alternatives to those arrangements.
Abstract
The author articulates the implicit assumptions upon which the current arrangement appears to rest, then offers arguments supporting and opposing a detailed set of alternatives, as a way of assessing the strengths and weaknesses of the current system. The final section of the book reassesses the initial assumptions in light of the proposed alternative arrangements. These include creating a full-time executive judge for the Federal courts, leading to a less active role for the Chief Justice of the Supreme Court; establishing a policymaking agency different from the Judicial Conference; merging the Administrative Office of the U.S. Courts and the Federal Judicial Center; relieving appellate judges of district court governance responsibilities; and implementing a new way of selecting chief judges. 151 notes and 3 appendixes