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JUSTICE IMPACT STATEMENTS - DETERMINING HOW NEW LAWS WILL AFFECT THE COURTS

NCJ Number
49023
Journal
Judicature Volume: 62 Issue: 1 Dated: (JUNE/JULY 1978) Pages: 18-27
Author(s)
R P DAVIS; P NEJELSKI
Date Published
1978
Length
10 pages
Annotation
THE NEED AND METHODS FOR DETERMINING HOW NEW LAWS WILL AFFECT THE COURTS IN TERMS OF CASELOAD, PERSONNEL, AND THE COST AND QUALITY OF JUSTICE IS EXAMINED IN THE CONTEXT OF SENATE BILL, S. 364.
Abstract
SENATE BILL, S. 364, UNDER CONSIDERATION BY THE SENATE COMMITTEE ON VETERANS' AFFAIRS, WOULD SUBJECT FINAL ADMINISTRATIVE RULINGS OF THE VETERANS' ADMINISTRATION TO REVIEW IN THE FEDERAL COURTS. THE COMMITTEE REQUESTED AND RECEIVED FROM THE DEPARTMENT OF JUSTICE A JUSTICE IMPACT STATEMENT, ESTIMATING THE INCREASES THE BILL WOULD CAUSE ON THE WORKLOAD OF THE FEDERAL COURTS AND THE JUSTICE DEPARTMENT. THIS WAS THE FIRST FORMAL IMPACT ASSESSMENT EVER UNDERTAKEN BY THE JUSTICE DEPARTMENT. IT IS RECOMMENDED THAT ALL LEGISLATION HAVING A PARTICULAR BEARING ON THE WORKLOAD OF THE COURTS BE ACCOMPANIED BY AN IMPACT STATEMENT. THE PROCEDURE FOR DEVELOPING THE IMPACT STATEMENT ON S. 364 IS DESCRIBED AND CONSIDERED AS A PILOT PROJECT FOR THE DEVELOPMENT OF FUTURE IMPACT STATEMENTS. IT IS SUGGESTED THAT FURTHER RESEARCH REGARDING THE DEVELOPMENT AND USE OF JUSTICE IMPACT STATEMENTS MUST INCLUDE FULL CONSIDERATION OF THREE MAJOR FACTORS: METHODOLOGY, PREPARATION AND USE OF IMPACT STATEMENTS, AND ADEQUATE MEASURES OF JUSTICE IMPACT. REFERENCES ARE FOOTNOTED. (RCB)

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