There is something odd about the tone of this e-newsletter from Illinois Chief Justice Lloyd Karmeier. It is ostensibly announcing good news about a significant funding increase for the Illinois state court system in 2020. But Karmeier takes a weird stab at his colleagues on other, “dysfunctional” state courts, as well as lamenting the same “dysfunction” of the other branches of government in his own state. The article itself is a fairly benign piece praising the court system’s new “workable” budget, but it is written with a bit more color than one might expect from a state chief justice.
Karmeier’s election to the Illinois Supreme Court in 2004 was rife with political intrigue, and I do not follow the Illinois courts enough to speak to his professional mannerisms or various political pressures on the courts of that state. Readers can judge for themselves whether I am reading too much into this.
The Tennessee courts have launched a podcast entitled “Tennessee Court Talk,” which can be found at the courts’ main website, tncourts.gov.
“The TNcourts.gov website receives nearly six million hits each year, and those hits are very focused on legal research regarding how the courts work, court rules and procedures, and recent cases,” said Barbara Peck, communications director for the Tennessee Supreme Court and Administrative Office of the Courts.
This is a great idea, and I’ll be watching (and listening) to see how it develops.
I have been writing recently about the vacancy crisis in the U.S. District Court for the District of New Jersey, which has only 11 active judges despite a statutory entitlement to 17 (and a Judicial Conference recommendation for 20). But docket challenges can occur even where a court has its full complement of judges. This story highlights the docket overload in the Middle District of Louisiana, which has all three of its authorized judges in place but which still struggles to manage its docket, one of the heaviest in the nation.
Happily, it appears that Senator John Kennedy is continuing to push for more resources for the district. But in our fractured age, when every judicial appointment has taken on a (misplaced) political tint, it’s nearly impossible to expect that Congress will adequately address the resource need.
I previously reported on the judicial vacancy crisis in the United States District Court for the District of New Jersey. The court, entitled to 17 active district judges by law (and recommended to have 20), is now operating with only 11 active judges due to a recent spate of retirements. Making matters worse is the district’s docket — the second heaviest in the nation — and the fact that President Trump has not nominated a single candidate to fill the district’s judicial vacancies.
Chief Judge Freda Wolfson has not been shy about discussing the challenges facing her court. Unable to replace judges on its own, the district is seeking creative ways to manage its docket, including encouraging parties to consent to trial by magistrate, turning away multidistrict litigation, and borrowing “visiting” judges from the Eastern District of Pennsylvania.
The use of visiting judges is not new, and the federal courts have shared judicial resources to the extent permitted by law for nearly a century. Indeed, in the early 1920s Chief Justice Taft (a favorite of this blog) proposed a “flying squadron” of judges who would not be assigned to any specific district but would instead be available to serve in any district where needs were the highest. That suggestion was rejected by Congress, but even today the courts show their ability to adapt to resource deficiencies beyond their control, and beyond their ability to remedy directly.
Louisiana legislators voted overwhelmingly last week to raise the salaries of state judges by 2.5% in the coming year. If funds permit, judges would continue to receive equivalent pay raises for each of the four years after that as well.
The source of the funding struck me as noteworthy:
The Louisiana Supreme Court agreed to cover the first year of pay raises for judges — at an estimated cost of $1.8 million — from its substantial cash reserves. It’s unclear whether judges will continue to tap reserves or turn to state taxpayers to cover future raises, which could cost as much as $9.5 million per year if all five annual pay hikes are awarded.
I thought that judicial salaries typically came from funds controlled by the legislature. It’s quite interesting that salaries are to be paid (at last initially) out of the state supreme court’s “substantial” independent funds.
Following the recommendation of its Access to Justice Commission, the Massachusetts Trial Court Department is taking immediate steps to lift the ban on cell phones on state courthouses.
The Commission’s report
cited hardships such as the inability of self-represented litigants to present photos or text messages as evidence to a judge, to consult their calendars, to reach child care providers, or to transact other “essential” business.
The recommendations of the working group include a full review of all courthouse bans to determine whether they are justified, and a pilot program to test the use of magnetically locked security pouches.
“Instead of using a strategy that relies on prohibiting the possession of cell phones as a condition of entry, each courthouse should employ a strategy, tailored to its security needs, that relies on regulating and controlling the use of cell phones within the building,” the authors of the report wrote.
This seems like a sensible step in the right direction. The made sense to ban phones in an earlier era, where the potential distraction might outweigh their value. But the near necessity of cell phones today–for child care and emergency communications, as memory and scheduling devices, and as carriers of critical personal information–merits a different response.
Like many organizations, arms of government often develop plans to continue operations in the event of a natural or man-made disaster. The Nebraska state judicial system recently undertook a special version of that planning, preparing for the event of a pandemic or bioterror event. This interview with the state judge who chaired the task force to plan for a pandemic offers some fascinating insight into how (and why) the courts are getting ready.