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NCJRS Abstract

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NCJ Number: 65083 Find in a Library
Title: PUBLIC PROCESS IN STATE COURT RULEMAKING
Journal: JUDICATURE  Volume:63  Issue:7  Dated:(FEBRUARY 1980)  Pages:338-345
Author(s): J A PARNESS; C C MANTHEY
Corporate Author: American Judicature Soc
United States of America
Date Published: 1980
Page Count: 8
Sponsoring Agency: American Judicature Soc
Chicago, IL 60601-7401
Format: Article
Language: English
Country: United States of America
Annotation: WITH THE BELIEF THAT PUBLIC PROCESS IS AN IMPORTANT BUT MISSING FACTOR IN THE DEVELOPMENT OF MANY TYPES OF COURT RULES, THIS ARTICLE OFFERS SUGGESTIONS ON THE IMPLEMENTATION OF STATE COURT RULEMAKING.
Abstract: PUBLIC PROCESS IS DESCRIBED AS INCLUDING ALL MEANS OF PUBLIC PARTICIPATION AVAILABLE WITHIN A COURT RULEMAKING SYSTEM. SIX CHARACTERISTICS OF OPEN RULEMAKING WOULD INCLUDE (1) A SYSTEM KNOWN TO THE PUBLIC, (2) STANDING COMMITTEES ON RULES, (3) ADEQUATE NOTICE OF RULEMAKING ACTIVITY, (4) AN OPPORTUNITY TO BE HEARD, (5) A REASONED BASIS FOR NEW RULES, AND (6) AN OPPORTUNITY TO INITIATE CHANGES. INCREASED PUBLIC PARTICIPATION WOULD GIVE THE COURT RULEMAKER THE WIDEST POSSIBLE VARIETY OF VIEWPOINTS; WOULD GIVE LEGISLATIVE COMMITTEES, ADMINISTRATIVE BODIES AND COURTS THE BENEFIT OF OUTSIDE EXPERTISE; AND WOULD HELP PROMOTE ACCEPTANCE OF COURT RULES. STANDING COMMITTEES ARE IMPORTANT TO ANY KNOWN AND PERMANENT COURT RULEMAKING SYSTEM, AND SHOULD MAKE A MANDATORY, PERIODIC REVIEW OF EXISTING RULES, AS WELL AS HEAR ANY SUGGESTIONS FOR RULE CHANGES. NOTICE SHOULD BE GIVEN EARLY ENOUGH SO THAT PARTICIPANTS CAN PREPARE, AND THE COURT MUST ALSO PROVIDE AN OPPORTUNITY TO SPEAK AND BE HEARD. FINALLY, AN OPEN RULEMAKING SYSTEM SHOULD GIVE THE PUBLIC OR THE PROFESSION AN OPPORTUNITY TO INITIATE ACTION ON PROPOSED RULE CHANGES, AS WELL AS COMMENT, BY SUGGESTING OR PETITIONING, FOR NEW RULES OR AMENDMENTS. FOOTNOTES ARE PROVIDED. (AOP)
Index Term(s): Class action lawsuits; Information dissemination; Judicial rulemaking; Professional conduct and ethics; Public information; Public interest advocacy; Regulations; State courts; State regulations
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=65083

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