NCJ Number
83127
Journal
Washington and Lee Law Review Volume: 39 Issue: 1 Dated: (Winter 1982) Pages: 1-39
Date Published
1982
Length
37 pages
Annotation
Three papers on the improved administration of the Federal court system treat proposals for increasing appellate capacity, empowering the judiciary to determine the number and timing of new Federal judgeships, and the attraction and selection of good district court judges.
Abstract
The first paper examines proposals for relieving the workload in Federal appellate courts by establishing a national court of appeals or an inter-circuit tribunal. One proposal involves the creation of a new tribunal, a permanent court composed of judges appointed by the President and confirmed by the Senate. This court would hear cases transferred to it by the U.S. Supreme Court. Another proposal involves the establishment of an inter-circuit tribunal, a multi-circuit court of appeals, or a rotating panel for the resolution of inter-circuit conflict. The pros and cons for each of these proposals are presented. The second paper argues that the present procedure for increasing the number of Federal judgeships does not provide them in incremental steps as they are needed and creates problems associated with adding too many Federal judgeships at one time. It is recommended that the judiciary be empowered to determine the number and timing for the addition of new judgeships, with Congress retaining the power to designate who will fill the judgeships. The third paper expresses concern that the denial of adjustments in compensation to Federal judges will undermine the success of the last 30 years in attracting qualified and exceptional lawyers to the bench. Extensive footnotes accompany each presentation.