May 31, 2010
Bybee and Pincock on How the State "Sells" its Judiciary
Professor Keith J. Bybee (Syracuse University College of Law) and Heather Pincock have posted "Efficient, Fair, and Incomprehensible: How the State 'Sells' Its Judiciary" on SSRN.
The abstract states:
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It is worth recalling that local justice systems in New York State outside major cities include a justice of the peace system that has produced more non-attorney judges and have produced more scandals involving abuse of judicial power and embezzlement by judges than almost any other jurisdiction in the United States.
New York is also exceptional in having entirely different local justice systems in different regions of the state. Long Island, New York City and upstate New York each have court systems that are different in important particulars (e.g. the appellate process and the jurisdiction of local courts). I know of no jurisdiction in the United States, with the possible exception of the District of Columbia, with a more complex organization charge for its courts. New York is also exceptional for having a strongly statutory as opposed to court written set of court rules, and for refusing to blindly follow the example of the federal rules of civil procedure for most purposes.
Judicial system reform in New York State certainly deserves examination. But, it is not an example whose lessons can be extrapolated easily to other states. If there is a lesson to be learned from New York State that can be applied elsewhere, it is that legislative inertia that prevents major overhaul as opposed to incremental adjustments, is much stronger in an old, populous state than it is in a young, smaller state.
Posted by: ohwilleke | Jun 7, 2010 11:36:50 AM