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Past and Present of Judicial Independence

NCJ Number
167423
Journal
Judicature Volume: 80 Issue: 3 Dated: (November-December 1996) Pages: 117-122
Author(s)
S B Burbank
Date Published
1996
Length
6 pages
Annotation
The history of judicial administration in the United States puts into perspective questions raised recently about the financing of the Federal judiciary and its impact on judicial independence and assists in the assessment of claims made regarding certain congressional initiatives related to judicial administration and procedure.
Abstract
For most of the history of the United States the Federal courts had no central organization and were dependent on the political branches not only for budget allocations but also for administrative support. The framers of the Constitution did not expressly state the principle of judicial independence; their goals in providing tenure during good behavior and forbidding pay reductions during office were to strengthen the separation of powers and thereby help ensure equal justice under law. What is known as the Judicial Conference of the United States began in 1922, and both the Administrative Office of the United States Courts and the circuit judicial councils trace their origins to 1939, the year in which the judicial branch achieved budgetary and administrative independence from the Department of Justice. This history is useful for understanding recent questions regarding the financing of the Federal judiciary and its impact on judicial independence, as well as the evaluation of claims regarding certain congressional initiatives related to judicial administration and procedure. Photographs and illustration

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