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 feċeral 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 reorganize the Law Enforcement Assistance Administration.1 2 These resolutions, together with one adopted at the same time by the Conference of State Court Administrators, reflect a long-standing concern of state court systems about federal judicial assistance programs, particularly as they are administered by the executive agencies of federal and state governments. That concern developed not only from the experience of other segments of society with the conditions and restrictions that accompany federal assistance, but from the history of the judicial assistance programs of the Law Enforcement Assistance Administration 3 since 1968. State courts were concerned, as well, with their ability to meet the expectation of all citizens that justice be available to everyone. This report is designed to state the views of the Task Force on the fundamental issues involved, and it is submitted for the consideration of the Conference of Chief Justices and that of others concerned with state court systems. The report does not See, Statement of Chief Justice James Duke Cameron, Chaiman of the Conference of Chief Justices, before the Senate Judiciary Committee's Subcommittee on Criminal Laws and Procedure, August 23, 1978. (Attached as Exhibit 1 to this report.) 2Resolution attached as Exhibit 2. 3 That history is summarized in Kleps, "Survey Report on Federalism and Assistance to State Courts - 1969 to 1978," U.S. Department of Justice, Office for Improvements in the Administration of Justice (1978); Haynes, "Judicial Planning: The Special Study Team Report Two Years Later," American University (1977); Haynes, Lawson, Lehner, Richards and Short, "Analysis of LEAA Block Grants," American University (1976); and Irving, Haynes and Pennington, "Report of Special Study Team," American Üniv. (1975). deal with the 1979 legislation that will be needed to reauthorize LEAA's operations. That assignment is the specific responsibility of the Conference's Committee on Federal-State Relations under the chairmanship of Chief Justice Robert J. Sheran of Minnesota, who is also a member of this Task Force. If any of the principles recommended in his report can be adapted by this committee for use in the 1979 reauthorization discussions affecting LEAA, that would be desirable but this Task Force report is intended to serve a far broader, long-range purpose. It is hoped that the report will lead to a "State Court Improvement Act of 1979" that will be introduced in the next Congress and will furnish a sound basis for the continuing relationships between the federal government and the state court systems. The Task Force has held five meetings since the August resolutions of the Conference of Chief Justices, an organizing meeting in Minneapolis and work sessions in Denver, Chicago, Kansas City, and Washington, D.C. Its work has been supported by a generous grant from West Publishing Company, by donated time from knowledgeable experts in the field and by staff assistance from the National 4 Center for State Courts. Chief Justice James Duke Cameron of Arizona, the Chairman of the Conference, has served as a member of the committee and has testified concerning its work before a 4 West Publishing Company made a grant of $20,000 in aid of the Task Force's work. Time was volunteered in an advisory capacity by Professor Frank J. Remington of the University of Wisconsin Law School and by Ralph N. Kleps, Counselor on Law and Court Management (former Administrative Director of the California Courts). |