NCJ Number
65083
Journal
Judicature Volume: 63 Issue: 7 Dated: (FEBRUARY 1980) Pages: 338-345
Date Published
1980
Length
8 pages
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)