WHEREAS, the Conference of Chief Justices recognizes the need for additional dispute resolution programs and resources if each citizen is to be provided a just remedy within the law for all legitimate grievances, and, WHEREAS, the just resolution of many grievances can be accomplished through improved mediation and arbitration proce dures; and, WHEREAS, S.957 as amended (No. 1623) would create a national resource center and provide funds to assist courts, states, localities and non-governmental organizations in developing new mechanisms for the "effective, fair, inexpensi ensive and expeditious resolutions of dispute." NOW THEREFORE, BE IT RESOLVED that the Conference of Chief Justices endorses the principle of federally funded technical assistance and demonstration programs designed to improve dispute resolution mechanisms, but with the understanding that such federally financed programs recognize the constitutional responsibilities of the judicial branch of state government in the resolution of citizen disputes; and that federally financed programs, at the national, state and local levels, be conducted in keeping with the doctrines of separation of powers and state sovereignty. : ADOPTED in New Orleans on February 10, 1978. WHEREAS, the Conference of Chief Justices is infund of proposed changes in federal legislation effecting the funding of programs for the improvement of state court systems, BE IT RESOLVED, that the following principles should be respected in this process: (1) State judicial systems are and should be a separate and co-equal branch of state government the independence and integrity of which must be preserved. (2) The federal entity given responsibility for establishing policies relating to the funding of state court systems should include significant representation from such systems. (3) The cohesion of criminal and civil proceedings in judicial systems and the necessity of state wide rather than local judicial policy formulation be recognized. (4) National institutions serving state courts such as the National Center for State Courts must be assured of adequate financial support. ADOPTED in New Orleans on February 10, 1978. We believe the Study Group should give further consideration to the formulation of a federal policy on improvement of the total justice system and to the structuring of federal programs that can achieve national goals for the delivery of justice while being true to the constitutional principles of federalism and the separation of powers. The preservation and the independence of state judicial systems are the imperatives which must undergird all joint efforts to deal with problems relating to the effective administration of justice and access to the courts. Respectfully submitted, C. William O'Neill, Ohio, Chairman James Duke Cameron, Arizona, Vice-Chairman Harold R. Fatzer, Kansas Charles S. House, Connecticut RC BERT F. UTER The Supreme Court State of Washington TEMPLE OF ST CE OLYMPIA, VASHINGTON 23504 1206) 753 5070 The Conference of Chief Justices and Conference of State Court Administrators Task Force for a State Justice System Improvement Act submits the following as its report to the Conference of Chief Justices. Starting in September, 1978, six meetings have been held to develop and refine the materials submitted. We were assisted by Professor Frank Remington and Mr. Ralph Kleps who are advisors to the Task Force, as well as authors of much of this material, Professor Maurice Rosenberg who has assisted the committee, and Mr. Harry Sweçle and the staff of the National Center for State Courts. Task Force members are: Chairman, Chief Justice Robert F. Utter; Chief Justice James Duke Cameron; Chief Justice William S.. Richardson; Chief Judge Robert C. Murphy; Chief Justice Robert J. Sheran; Chief Justice Neville Patterson; Chief Justice John B. McManus, Jr.; Chief Justice Arno H. Denecke; Chief Justice Joe R. Greenhill; Chief Justice Albert W. Barney: Chief Justice Bruce F. Beilfuss; Mr. Walter J, Kane; Mr. Roy O. Gulley; Hon. Arthur J. Simpson, Jr.; Mr. William H. Adkins II; Mr. C. A. Carson III; Mr. John S. Clark. REPORT TO THE CONFERENCE OF CHIEF JUSTICES from the TASK ORCE ON A STATE COURT IMPROVEMENT ACT I. Background of Report The work of this Task Force derives from a resolution adopted by the Conference of Chief Justices at its August 1978 meeting. The committee's charge is to recommend innovative changes in the relations between state courts and the federal government and find ways to improve the administration of justice in the several states without sacrifice of the independence of state judicial systems. The authorizing resolution also referred to the need for a study of the allocation of jurisdiction between state and federal courts, and it was accompanied by two other resolutions that commented on the basic principles that should guide Congress in any federal effort to improve the administration of justice in the states and on the then-pending legislation designed to |