Page images
PDF
EPUB

ence to amendments of, or changes in existing laws relating to practice and procedure.

(6) Exercise such other functions as may be provided by law. The chairman shall seek to expedite judicial business and to equalize the work of the judges, and shall provide for the assignment of any judge to another court of a like or higher jurisdiction to assist a court or judge whose calendar is congested, to act for a judge who is disqualified or unable to act, or to sit and hold court where a vacancy in the office of judge has occurred.

The clerk of the Supreme Court shall act as secretary of the council.

The several judges shall cooperate with the council, shall sit and hold court as assigned, and shall report to the chairman at such times and in such manner as he shall request respecting the condition, and manner of disposal of judicial business in their respective courts.

No member of the council shall receive any compensation for his services as such, but shall be allowed his necessary expenses for travel, board and lodging incurred in the performance of his duties as such. Any judge assigned to a court wherein a judge's compensation is greater than his own shall receive while sitting therein the compensation of a judge thereof. The extra compensation shall be paid in such manner as may be provided by law. Any judge assigned to a court in a county other than that in which he regularly sits shall be allowed his necessary expenses for travel, board and lodging incurred in the discharge of the assignment.

Sec. 6. There shall be in each of the organized counties, or cities and counties of the state, a superior court for each of which at least one judge shall be elected by the qualified electors of the county, or city and county, at the general state election. There may be as many sessions of a superior court at the same time as there are judges elected, appointed or assigned thereto. The judgments, orders, and proceedings of any session of a superior court held by any one or more of the judges sitting therein, shall be equally effectual as though all the judges of said court presided at such session.

Sec. 7. The judges of each superior court in which there are more than two judges sitting shall choose, from their own number, a presiding judge, who may be removed as such at their pleasure. Subject to the regulations of the judicial council he shall distribute the business of the court among the judges, and prescribe the order of business.

Sec. 8. The term of office of judges of the superior courts shall be six years from and after the first Monday of January after the first day of January next succeeding their election. A vacancy in such office shall be filled at the next succeeding general state election after the first day of April next succeeding the accrual of such vacancy by the election of a judge for a full term to commence on the first Monday of January next succeeding his election. The governor shall appoint a person to hold such vacant office until the commencement of such term.

Connecticut

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. There shall be a judicial council for the continuous study of the organization, rules and methods of procedure and practice of the judicial system of the state, the work accomplished and the results produced by that system and its various parts. Said council shall be composed of the chief justice of the supreme court of errors or some other justice or former justice of that court appointed from time to time by him—one judge or former judge of the superior court, one judge of a common pleas court and one judge of a city court, all to be appointed from time to time by the chief justice of the supreme court and not more than four practicing attorneys at law and one state's attorney to be appointed by the governor. The appointments by the governor shall be for such periods, not exceeding four years as he shall determine.

Sec. 2. The judicial council shall report biennially on or before December first, to the governor, upon the work of the various branches of the judicial system, together with any recommendations it may have in connection therewith. It may also from time to time submit for the consideration of the judges of the various courts such suggestions in regard to rules of practice and procedure as it may deem advisable. The clerks of the various courts and other officials thereof shall make to the council such reports, from time to time, as the council may prescribe.

Sec. 3. No member of said council shall receive any compensation for his services, but said council and the several members thereof may be allowed such sum for clerical, travel, and incidental expenses as the board of control shall approve.

Kansas

Be it enacted by the Legislature of the State of Kansas: Section 1. A judicial council is hereby established and created, which shall be composed of one justice of the supreme court, two judges of different judicial districts, each of whom shall have served in such capacity four years previous to his appointment, four resident lawyers, each of whom shall have been admitted to practice for not less than ten years previous to his appointment, the chairman of the judiciary committee of the house of representatives and the chairman of the judiciary committee of the senate. All members except chairman of senate and house judiciary committees shall be appointed by the chief justice of the supreme court. Of the members first appointed, one judge and two lawyers shall be appointed for a term of two years, and one justice, one judge and two lawyers for a term of four years. Upon the expiration of the terms of those first appointed each succeeding member shall be appointed and hold office for a term of four years and until his successor shall have been appointed and qualified. The terms of the

chairman of the senate and house judiciary committees, and all other members shall terminate upon such member ceasing to belong to the class from which he was appointed. All vacancies except those of chairmen of the senate and house judiciary committees shall be filled by their successors as such chairman.

Sec. 2. The judicial council shall select one of its members as chairman for such period as it may choose, and shall meet semiannually and more frequently, if necessary, upon call of the chair

man.

Sec. 3. It shall be the continuous duty of the judicial council to survey and study the judicial department of the state, the volume and condition of business in the courts, whether of record or not, the methods and rules of procedure therein, the time elapsing between the initiation of litigation and the conclusion thereof, and the condition of dockets as to unfinished business at the closing of terms; to receive and consider suggestions from judges, members of the bar, public officials and citizens concerning faults in the administration of justice, and remedial rules and practice; to recommend methods of simplifying civil and criminal procedure, expediting the transaction of judicial business and eliminating unnecessary delays therein and correcting faults in the administration of justice; to submit from time to time to the courts or judges thereof suggestions as to changes in rules and methods of civil and criminal procedure as may be deemed by the council to be beneficial.

Sec. 4. The council shall submit to the governor on or before December 1st of each year a written report of the work of the council, the facts ascertained, the condition of business in the courts, conditions found to be defeating or deferring the administration of justice, with recommendations concerning needed changes in the organization of the judicial department, in rules and methods in civil and criminal procedure and pertinent legislation. Such report shall be printed by the state printer and copies thereof distributed to all members of the legislature and judges of the supreme, district, county, probate and city police courts, and justice of the peace in this state.

Sec. 5. The clerks of the various courts of record in this state, judges and justices of courts not of record, and sheriffs and police officers, shall on request of the judicial council and without charge, furnish such information relating to rules, methods and procedure in vogue in their respective courts, and the condition of legal business therein as may be deemed necessary by the council of performing its duties.

Sec. 6. All members of the council shall serve without compensation but shall be paid their actual and necessary expenses incurred within the state of Kansas in the performance of their duties. All bills and accounts of the council shall be approved by the chairman and shall be audited and paid as other claims against the state, authorized by law.

Sec. 7. This act shall take effect and be in force from and after its publication in the statute book.

Kentucky

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

1. That there is hereby established the Judicial Council of the Commonwealth of Kentucky. Such council shall consist of the Judges of the Court of Appeals of Kentucky and the Circuit Judges of said Commonwealth. The Chief Justice of the Court of Appeals shall be the presiding officer.

2. Said council shall meet on the call of the Chief Justice of the Court of Appeals. Said meeting shall be called at least once a year at some convenient time, and at some convenient place in the state. It shall be the duty of all members of said Council to attend such session.

3. It shall be the duty of said Judicial Council to study the organization, rules, methods of procedure, and practice of the judicial system of the Commonwealth of Kentucky, the work accomplished and the results produced by that system in its various parts; the problems of administration confronting the Courts of the Commonwealth and the judicial system in general. It shall be the duty of each Circuit Judge to prepare and submit to the Council at such sessions a report setting forth the conditions in the Circuit Courts over which he presides and of the business dispatched and pending in said Circuit Courts. It shall be the duty of said Council to report biennially to the general assembly of the Commonwealth of Kentucky concerning the work of the various branches of the judicial system of the Commonwealth together with any recommendations it may have for the modification or amelioration of existing conditions or for any amendments to the Codes of Practice and Procedure.

4. The clerks of the various Courts of the Commonwealth shall make such reports to the Council as the Council may demand. Said clerks making reports shall receive fifty cents for each page reported to said Council and shall be paid as other expenses of the Council are paid. The Council is empowered in its discretion to hold before the full Council or any committee thereof it may constitute for such purpose, public hearings on any question concerning which the Council may deem it proper to hold public hearings.

5. If any session of said Council shall be held between the time of the election or appointment of any Judge of the Court of Appeals or of any Circuit Judge and the time such judge-elect or so appointed shall take office, it shall be the duty of said judge-elect or so appointed to attend such session of said council.

6. Each member of said council shall receive as compensation for attending the sessions of said Council or of any committee thereof, and for his services as a member of such Council or any committee thereof, the sum of six hundred dollars ($600.00) per annum, payable in equal monthly installments at the same time as his salary as judge is paid; provided, however, that no member of said Council whose salary as a circuit judge, which is paid by the state, is supplemented by any county or district and no member of the Court or Appeals and no judge-elect or appointed but who has not at the time he attends any session of the Council been inducted into

office shall receive any compensation for attending any session or the Council or of any Committee thereof or for his services as a member of such Council or any committee thereof. The said member and said judges who shall attend any session of said Council or that of any committee of said Council shall be allowed their necessary traveling expenses and such other actual expenses as do not exceed ten dollars ($10.00) per day for each day of any such session and for such days as may be reasonably necessary for them to reach and return home from the place of meeting of any such session. All claims for expenses as provided for in this act shall be allowed and paid as provided by law for the payment of other claims against the Commonwealth but before such claims shall be allowed by the Auditor, the same shall be presented to and approved by the Chief Justice of the Court of Appeals.

7. The Council and its committees shall be allowed from the State Treasury such necessary expenses for clerical and other services as the Chief Justice shall approve, the same to be allowed and paid as provided by law for the payment of other claims against the Commonwealth.

8. All laws or parts in conflict with any provision of this Act are hereby repealed.

Massachusetts

Be it enacted etc.:

Chapter two hundred and twenty-one of the General Laws is hereby amended by inserting after section thirty-four, under the heading "Judicial Council," the following three new sections:

Section 34a. There shall be a judicial council for the continuous study of the organization, rules and methods of procedure and practice of the judicial system of the commonwealth, the work accomplished, and the results produced by that system and its various parts. Said council shall be composed of the chief justice of the Supreme judicial court or some other justice or former justice of that court appointed from time to time by him; the chief justice of the superior court or some other justice or former justice of that court appointed from time to time by him; the judge of the land court or some other judge or former judge of that court appointed from time to time by him; one judge of a probate court in the commonwealth and one justice of a district court in the commonwealth and not more than four members of the bar all to be appointed by the governor with the advice and consent of the executive council. The appointments by the governor shall be for such periods, not exceeding four years, as he shall determine.

Section 34b. The judicial council shall report annually on or before December first to the governor upon the work of the various branches of the judicial system. Said council may also from time to time submit for the consideration of the justices of the various courts such suggestions in regard to rules of practice and procedure as it may deem advisable.

Section 34c. No member of said council shall receive any com

« PreviousContinue »