NCJ Number
60620
Date Published
1979
Length
67 pages
Annotation
RELATIONSHIPS BETWEEN STATE COURTS AND THE FEDERAL GOVERNMENT ARE DISCUSSED, AND A PROPOSED LAW TO IMPROVE STATE ADMINISTRATION OF JUSTICE WITHOUT SACRIFICING STATE SYSTEMS' INDEPENDENCE IS PRESENTED.
Abstract
THIS REPORT WAS PREPARED BY A TASK FORCE CREATED BY THE WASHINGTON STATE CONFERENCE OF CHIEF JUSTICES AND CONFERENCE OF STATE COURT ADMINISTRATORS. FEDERAL INTEREST IN THE QUALITY OF JUSTICE IN STATE COURTS STEMS FROM STATE COURTS' INFLUENCE ON THE NATIONAL QUALITY OF JUSTICE, FROM STATE COURTS' INCREASING RESPONSIBILITIES RESULTING FROM CONGRESSIONAL LEGISLATION AND DIVERSION OF CASES TO STATE COURTS, AND FROM OTHER FACTORS. FEDERAL FUNDING FOR STATE COURT PROGRAMS DEVELOPED DURING THE 1970'S AS A RESULT OF THE 1968 OMNIBUS CRIME CONTROL AND SAFE STREETS ACT, WHICH INCLUDED PROVISION FOR LEAA DISCRETIONARY AND BLOCK GRANTS TO STATES. THE LEAA PROGRAMS AND REQUIREMENTS HAVE PRODUCED COMPLEX ADMINISTRATIVE PROBLEMS AND HAVE ALSO UNDERMINED STATE AND LOCAL COURT INDEPENDENCE. FROM THIS EXPERIENCE IT IS CLEAR THAT REFORMS IN FEDERAL-STATE RELATIONSHIPS CONCERNING STATE COURT SYSTEMS, ARE NEEDED. FIRST, A FEDERAL LAW RECOGNIZING THE PRINCIPLE OF SEPARATION OF POWERS IN STATE GOVERNMENTS AND STATE JUDICIARIES SHOULD BE PASSED. SECOND, A NATIONAL INSTITUTE WITH A MAJORITY OF STATE COURT SYSTEM REPRESENTATIVES SHOULD BE ESTABLISHED TO PLAN FEDERAL EXPENDITURES REGARDING STATE PROGRAMS. THIRD, NATIONAL ORGANIZATIONS SUPPORTING STATE JUDICIAL SYSTEMS SHOULD CONTINUE TO RECEIVE FEDERAL DISCRETIONARY FUNDS. IN ADDITION, LOCAL AND STATE COURTS MUST WORK TO IMPROVE THEIR RELATIONSHIPS WITH THE COMMUNITIES THEY SERVE AND REFORM MUCH OF THEIR INTERNAL ORGANIZATION AND PROCEDURES. IN ALL THESE EFFORTS, SEPARATION OF POWERS AND FEDERALISM MUST BE MAINTAINED. A PROPOSED LAW, THE STATE JUSTICE INSTITUTE ACT OF 1979 TO CREATE THE NATIONAL INSTITUTE TO PLAN FEDERAL EXPENDITURES, IS PRESENTED. (CFW)