Chapter 6

Supreme Court Organization

Judges

9 Justices

Term Starts First Monday in October

Advocacy

Submit Application

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Applicants must submit an application form that requires, under Supreme Court Rule 5, that applicants have been admitted to practice in the highest court of their state for a period of at least 3 years (during which time they must not have been the subject of any adverse disciplinary action), and they must appear to the Court to be of good moral and professional character. Each applicant must file with the clerk a certificate from the presiding judge or clerk of that court attesting that the applicant practices there and is in good standing, as well as the statements of two sponsors affirming that he or she is of good moral and professional character. Finally, applicants must swear or affirm to act “uprightly and according to law, and support the Constitution of the United States.”Page(s): 140, Justice Administration (Police, Courts and Corrections Management) by Ken J. Peak, Pearson Education

Traditions

Black Robes in Session

White Quills on Desks

Handshakes

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The “Conference handshake” has been a tradition since the late nineteenth century. When the justices assemble to go on the bench each day and at the beginning of the private conferences at which they discuss decisions, each justice shakes hands with each of the other eight—a reminder that differences of opinion on the Court do not preclude overall harmony of purpose.Page(s): 140, Justice Administration (Police, Courts and Corrections Management) by Ken J. Peak, Pearson Education

Seating

Caseload

Writ of Certiorari

Legal Culture Within Trial Courts

Communal Courts

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Communal courts emphasize flexibility ; general agreement on performance goals exists, but centralized judicial and administrative staff leadership is downplayed and creativity is encouraged. As a result, alternative and acceptable ways exist for individual judges to apply court rules, policies, and procedures. Here, judges and administrators emphasize the importance of getting along and acting collectively; group involvement, mutually agreed upon goals, teamwork, and developing a humane work environment are emphasized.Page(s): 149, Justice Administration (Police, Courts and Corrections Management) by Ken J. Peak, Pearson Education

Networked Courts

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Networked courts emphasize judicial consensus. Judicial expectations, creativity, innovation, and policymaking involve planning efforts of the entire bench. As innovators, these courts attempt to incorporate the latest thinking in specialty courts, problem-solving courts, and therapeutic justice. The networked court hopes to achieve both high solidarity and high sociability—judges, court administrators, and other court staff coordinate and work together to accomplish the work of the court.Page(s): 149, Justice Administration (Police, Courts and Corrections Management) by Ken J. Peak, Pearson Education

Autonomous Courts

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Autonomous courts emphasize self-management. Limited discussion and agreement exist on the importance of court-wide performance goals. Judges and administrators emphasize the importance of allowing each judge to conduct business as he or she sees fit. Many judges in this type of court are most comfortable with the traditional adversarial model of dispute resolution, wherein the judge is relatively passive and essentially referees the cases presented by attorneys.Page(s): 149, Justice Administration (Police, Courts and Corrections Management) by Ken J. Peak, Pearson Education

Hierarchical Courts

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Hierarchical courts emphasize clear rules. Judges are committed to the use of case flow management (e.g., case coordination and firm trial dates), and written court rules andprocedures are emphasized and applied uniformly by judges. These courts seek to achieve the advantages of order and efficiency, and the approach is to create a structured decisionmaking environment.Page(s): 149,150 Justice Administration (Police, Courts and Corrections Management) by Ken J. Peak, Pearson Education

Adversarial System

Jury Nullification

Lawyer Grandstanding

Racist Procedures

"Circus" Atmosphere

Desire to Win (Lawyers)

Guilt Beyond Reasonable Doubt

State Courts

Courts of Last Resort

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Normally known as State Surpreme Courts, however many things can differ from state to state such as the number of Judges. (Kansas has 7)Whole court decides each case.Most, but not all, decide what cases to hear and are policy making bodies.Are the ultimate review board for matters involving state law interpretation.Page(s): 144, Justice Administration (Police, Courts and Corrections Management) by Ken J. Peak, Pearson Education

Intermediate Court of Appeals

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Intermediate Court of Appeals are used to help alleviate the burdon of large caseloads of the state supreme courts. ICA's are in 39 of 50 states.ICA's hear all properly filed appeals. both civil and criminal.ICA's generally use a rotating 3 judge pannel. (Kansas has 10 Appellate Court Judges)Mostly handle error corrections with the over all standard being fairness.Most of the time, they are the last court to hear the appeal as very few cases will make it to the state's court of last resort.Page(s): 144, Justice Administration (Police, Courts and Corrections Management) by Ken J. Peak, Pearson Education

Administration

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Court administration is not uniform through out the state, let alone Federally. This is usually the cause for constant reform.Page(s): 144, Justice Administration (Police, Courts and Corrections Management) by Ken J. Peak, Pearson Education

Attempts at Reform

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Organization and unification for court reform is difficult because:* inefficenty with the multiplicy of courts at the state level due to ** judges cannot be shifted around to meet caseload demands ** inequiablity of administration is not the same.Historically reform centered on unification, to include four general principles. 1. Creating one structure for all courts in the state. 2. The same administration for all courts in the state. 3. One rule making body 4. One budgetPage(s): 145-7, Justice Administration (Police, Courts and Corrections Management) by Ken J. Peak, Pearson Education