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COURTS OF LIMITED JURISDICTION - A NATIONAL SURVEY

NCJ Number
39389
Editor(s)
K M KNAB
Date Published
1977
Length
522 pages
Annotation
THIS SURVEY PRESENTS INFORMATION ON THE ORGANIZATION, JURISDICTION, PERSONNEL, PROCEDURES, AND FINANCES OF THE VARIOUS COURTS OF LIMITED AND SPECIAL JURISDICTION THROUGHOUT THE UNITED STATES.
Abstract
BY GENERAL CONSENSUS, COURTS OF LIMITED AND SPECIAL JURISDICTION CONSTITUTE THE PRINCIPAL WEAKNESS IN STATE COURT SYSTEMS. MANY GROUPS, INCLUDING THE COURTS TASK FORCE OF THE PRESIDENT'S CRIME COMMISSION, HAVE EMPHASIZED THAT CONDITIONS IN THE LOWER COURTS ARE COUNTERPRODUCTIVE TO THE JUSTICE PROCESS AND THAT THESE COURTS ARE SADLY IN NEED OF REFORM. TO FILL THE NEED FOR PRECISE AND COMPREHENSIVE INFORMATION ABOUT COURTS OF LIMITED JURISDICTION AND TO COLLECT AND DISSEMINATE INFORMATION WHICH COULD PROMOTE LOWER COURT REFORM, THE AMERICAN JUDICATURE SOCIETY AND THE AMERICAN JUDGES ASSOCIATION UNDERTOOK A COMPREHENSIVE SURVEY OF THE COURTS OF LIMITED JURISDICTION IN 1974. THE SURVEY WAS DESIGNED TO IDENTIFY THE COURTS IN EACH STATE WHICH WOULD BE DEFINED AS HAVING LIMITED OR SPECIAL JURISDICTION, AND TO DETERMINE THE QUALIFICATIONS OF JUDICIAL PERSONNEL, THE NATURE OF STAFF SUPPORT, WHETHER UNIFORM PROCEDURES WERE EMPLOYED, THE NATURE OF COURT FINANCING AND THE COURT'S RESPONSIBILITY TO COMPLY WITH STATE JUDICIAL ADMINISTRATION REQUIREMENTS. INFORMATION WAS COLLECTED THROUGH EXTENSIVE STATUTORY RESEARCH AND PERSONAL CONTACT WITH STATE COURT ADMINISTRATORS THROUGHOUT THE COUNTRY. AS THE COMPREHENSIVE REPORT OF THE STUDY FINDINGS, THIS VOLUME FIRST PRESENTS A GENERAL PERSPECTIVE ON THE CONDITION OF THE COURTS OF LIMITED JURISDICTION. IT WAS FOUND THAT THERE IS NO UNIFORM PATTERN OF ORGANIZATION AMONG THESE LOWER-LEVEL COURTS: NOT ONLY IS THERE GREAT VARIATION FROM STATE TO STATE, BUT WITHIN A STATE THERE MAY BE CONSIDERABLE VARIATION FROM COUNTY TO COUNTY. FOR THIS REASON, THIS REPORT ALSO EXAMINES THE SYSTEM OF LIMITED JURISDICTION COURTS ON A STATE-BY-STATE BASIS, WITHIN A FRAMEWORK WHICH INCLUDES STATUTORY OR CONSTITUTIONAL AUTHORIZATION FOR THE COURT DESCRIBED; JURISDICTION; RIGHT OF APPEAL; SELECTION; QUALIFICATIONS; COMPENSATION; RETIREMENT AND REMOVAL OF JUDGES; A DESCRIPTION OF MAJOR SUPPORT PERSONNEL; A STATEMENT OF THE COURT'S PROCEDURAL METHODS; AND A BRIEF ANALYSIS OF SOURCES OF COURT FINANCING AND DISPOSITION OF COURT REVENUES. THE APPENDIX INCLUDES A SPECIAL SURVEY OF THE ILLINOIS JUDICIAL SYSTEM, WHICH HAS NOT HAD ANY TRIAL COURTS OF LIMITED JURISDICTION SINCE JANUARY 1, 1964. A SUPPLEMENT TO THE REPORT CONTAINS THE 12 SURVEY QUESTIONNAIRES ALONG WITH THE TOTALED SURVEY-ITEM RESPONSES FOR INDIVIDUAL QUESTIONNAIRES. THE SURVEYS WERE MAILED TO JUDGES OF LIMITED AND SPECIAL JURISDICTION IN COLORADO, ILLINOIS, LOUISIANA, NEW HAMPSHIRE AND NEW JERSEY. (AUTHOR ABSTRACT MODIFIED)...DMC