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pdfU.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
State Court Organization
2004
Courts and judges
Judicial selection and service
Judicial branch
Appellate courts
Trial courts
The jury
The sentencing context
Court structure
U.S. Department of Justice
Office of Justice Programs
810 Seventh Street, N.W.
Washington, D.C. 20531
Alberto R. Gonzales
Attorney General
Office of Justice Programs
Partnerships for Safer Communities
Regina B. Schofield
Assistant Attorney General
World Wide Web site:
http//www.ojp.usdoj.gov
Bureau of Justice Statistics
Jeffrey L. Sedgwick
Director
World Wide Web site:
http://www.ojp.usdoj.gov/bjs
For information contact
National Criminal Justice Reference Service
1-800-851-3420
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
State Court Organization
2004
David B. Rottman, Project Director
Shauna M. Strickland, Research Analyst
A joint effort of the Conference of State Court Administrators
and National Center for State Courts
This project was supported by BJS grant number 2003-BJ-CX-K003.
The opinions, findings, and conclusions or recommendations expressed
in this publication are those of the authors and do not necessarily reflect
the views of the Department of Justice.
August 2006, NCJ 212351
U.S. Department of Justice
Office of Justice Programs
Bureau of Justice Statistics
Jeffrey L. Sedgwick
Director, BJS
This Bureau of Justice Statistics report was prepared by
the National Center for State Courts under the
Supervision of Steven K. Smith and Thomas Cohen of
the Bureau of Justice Statistics. The project was
supported by BJS grant number 2003-BJ-CX-K003.
Principle staff for the project at the National Center for
State Courts were David B. Rottman and Shauna M.
Strickland. Marianne Zawitz, Carolyn C. Williams, and
Thomas Cohen provided editorial review. Jayne
Robinson administered final printing production.
This report was made possible by the support and
guidance of the Court Statistics Committee of the
Conference of State Court Administrators.
Suggested Citation:
David B. Rottman and Shauna M. Strickland, State Court
Organization, 2004, U.S. Department of Justice, Bureau
of Justice Statistics, Washington, D.C. USGPO, 2006.
Please bring suggestions for information that should be
included in future editions to the attention of the Director
of the Court Statistics Project, National Center for State
Courts, 300 Newport Avenue, Williamsburg, Virginia
23185-4147
An electronic version of this report may be found on the
Internet at http://www.ojp.usdoj.gov/bjs/.
ii State Court Organization, 2004
Conference of State Court Administrators, Court Statistics Committee
Dr. Howard P. Schwartz
Judicial Administrator,
Kansas Judicial Center
Dr. Hugh M. Collins
Judicial Administrator,
Supreme Court of Louisiana
Debra Dailey
Manager of Research and Evaluation
State Court Administrator’s Office, Minnesota
Thomas B. Darr
Deputy Court Administrator
Administrative Office of the Pennsylvania Courts
Theodore Eisenberg
Cornell Law School
James D. Gingerich
Director
Supreme Court of Arkansas
Donald Goodnow, Director
Administrative Office of the Courts,
New Hampshire
Collins E. Ijoma
Trial Court Administrator,
Superior Court of New Jersey
Senior Judge Aaron Ment
Supreme Court of Connecticut
John T. Olivier
Clerk
Supreme Court of Louisiana
William C. Vickrey, Administrative Director
Administrative Office of the Courts,
California
Robert Wessels, Court Manager,
County Criminal Courts at Law
Texas
J. Denis Moran, Ex-officio
Director of State Courts (Retired)
Wisconsin
Thomas Cohen, Ph.D., Program Monitor
Bureau of Justice Statistics
Washington, DC
State Court Organization 2004 Advisory Committee
J. Denis Moran, Chairman
Director of State Courts (Retired)
Wisconsin
Donald D. Goodnow, Director
Administrative Office of the Courts
New Hampshire
Collins E. Ijoma
Trial Court Administrator
Superior Court of New Jersey
Honorable Aaron Ment
Chief Court Administrator (Retired)
Supreme Court of Connecticut
John T. Olivier
Clerk
Supreme Court of Louisiana
Thomas Cohen, Ph.D., Program Monitor
Bureau of Justice Statistics
Washington, DC
Court Statistics Committee iii
National Center for State Courts, Board of Directors
Chief Justice Randall T. Shepard, Chair
Supreme Court of Indiana
Chief Administrative Judge Jonathan Lippman,
Vice Chair
New York State Unified Court System
Chief Justice Shirley S. Abrahamson, Past Chair
Supreme Court of Wisconsin
Daniel Becker, Past Vice-Chair
State Court Administrator, Supreme Court of Utah
Curtis (Hank) Barnette
Skadden Arps Slate Meagher & Flom LLP
Chief Judge Robert M. Bell
Court of Appeals of Maryland
Ruben O. Carrerou
Court Administrator, 11th Judicial Circuit,
Florida
Howard “Skip” Chesshire
Court Administrator, Cobb County Superior Court, Georgia
Zelda M. DeBoyes
Court Administrator, Aurora Municipal Court, Colorado
Judge Gerald T. Elliott
Trial Court, Division 4,
10th Judicial District of Kansas
James D. Gingerich
Director, Arkansas AOC, Supreme Court of Arkansas
Thomas A. Gottschalk
Executive Vice President & General Counsel
General Motors Corporation
Judge Elizabeth (Beth) Keever
12th Judicial District,
Fayetteville, North Carolina
Judge Eileen A. Kato
King County District Court,
Seattle, Washington
Chief Judge Rufus G. King, III
Superior Court of District of Columbia
Presiding Judge Dale R. Koch
Multnomah County Courthouse,
Portland, Oregon
Associate Circuit Judge Brenda S. Loftin
St. Louis County Circuit Court
St. Louis, Missouri
Vice-Presiding Judge Gary L. Lumpkin
Court of Criminal Appeals,
Oklahoma City, Oklahoma
Mary McCormick
President
Fund for the City of New York
Charles W. Matthews, Jr.
Vice President & General Counsel
ExxonMobil Corporation
E. Leo Milonas, Partner
Pillsbury Winthrop Shaw Pittman LLP
Robert S. Peck, President
Center for Constitutional Litigation, P.C.
Charles B. Renfrew
Law Offices of Charles B. Renfrew
Associate Justice Ronald B. Robie
Court of Appeal, Third Appellate District,
California
Lee Suskin
Court Administrator,
Supreme Court of Vermont
Chief Justice Jean Hoefer Toal
Supreme Court of South Carolina
Mary C. McQueen, ex officio
President, National Center for State Courts
iv State Court Organization, 2004
Acknowledgments
This edition of State Court Organization, like the
other four volumes in the series, is a product of the state
court community.
The Conference of State Court
Administrators sponsors the series and makes available
its Court Statistics Committee to guide compilation of
each edition.
The contents of each edition are
determined by canvassing the issues and information
items of primary concern to state court administrators
and in consultation with staff from the Bureau of Justice
Statistics. A special subcommittee of the COSCA Court
Statistics Committee participated in all stages of work on
the new edition. Their keen attention to matters of
substance and format went beyond what reasonably can
be expected, and their unflagging good spirits made our
work enjoyable as well as productive. We are grateful for
their continued active participation in the State Court
Organization series.
State court administrators and appellate court clerks
are the primary source of the information included in this
volume. Their generous investment of time and effort
makes the State Court Organization series possible.
Their patience and perseverance is greatly appreciated.
Staff from the Bureau of Justice Statistics, notably
Steven Smith, Ph.D. and Thomas Cohen, Ph.D.,
contributed their expertise on topics from survey design
to the visual display of information. The Bureau’s
funding makes the entire State Court Organization
enterprise possible.
Neal Kauder of VisualResearch, Inc. provided the
design concept and later refinements for the tables of
information that follow, making the contents easier on
the eye and patterns in the data easier to grasp.
Finally, we are grateful to our NCSC colleagues who
provided insight and assistance on specific topics.
Special thanks are due to Paula Hannaford-Agor,
Pamela Casey, William Hewitt, and Nicole Waters in the
Research Division and to Carol Flango, Madelynn
Herman, Jennifer Elek, and Anne Skove in Knowledge
and Information Services.
Despite all of the guidance, advice, and assistance
received, responsibility for the accuracy of all contents of
this
volume
rests
with
the
project
staff.
Project Staff
David B. Rottman
Project Director
Lynn Grimes
Administrative Manager
Shauna M. Strickland
Research Analyst
Interns:
Juan Alarcon
Steven Durbin
Cynthia Lee
Brian Hendricks
Michael Zose
Ann Keith
Research Associate
Amy E. Smith
Senior Administrative Specialist
Acknowledgments v
Contents
Introduction 1
Glossary 5
Part I. Courts and Judges 7
Table
1 Appellate Courts in the United States
Court of last resort: name, place of session • Intermediate appellate courts: name, place of session, # of Chief Judges
2 Number of Appellate Court Judges
Number of court of last resort (COLR) and intermediate appellate court justices and judges • Length of Term • Gender • Race and
ethnic composition
3 Trial Courts and Trial Court Judges of the United States
Number of judges • Length of term • Gender • Race and ethnic composition
Part II. Judicial Selection and Service 23
Table
4 Selection of Appellate Court Judges
Method of selection: unexpired term, full term • Method of retention • Geographic basis for selection • Method of selection/appointment
of chief justice/judge • Length of term of chief justice/judge
5 Qualifications to Serve as an Appellate Court Judge
Residency requirements: state, local • Minimum and maximum age • Legal credentials
6 Selection of Trial Court Judges
Method of selection: unexpired term, full term • Method of retention • Geographic basis for selection • Method of selection of presiding
judge • Length of term of presiding judge
7 Qualifications to Serve as a Trial Court Judge
State and local residency requirements in years • Minimum and maximum age • Legal credentials
8 Judicial Nominating Commissions
Name of the commission • Offices encompassed • Authorization • Year created and revised • Term covered
9 Provisions for Mandatory Judicial Education
Initial/pre-bench education for general jurisdiction court judges • Continuing education for general jurisdiction court judges • Initial/prebench education for limited jurisdiction court judges • Continuing education for limited jurisdiction court judges • Initial/pre-bench
education for appellate court judges • Continuing education for appellate court judges
10 Judicial Performance Evaluation
Evaluating body/authorization • Evaluation committee composition • Evaluation procedures
11 Judicial Discipline: Investigating and Adjudicating Bodies
Name of investigating body • Number of judges • Number of lawyers • Number of lay persons • Name of adjudicating body • Appeals
from adjudication are filed with • Name of final disciplining body • Point at which reprimands are made public
Part III. The Judicial Branch: Governance, Funding, and Administration 61
Table
12 Governance of the Judicial Branch
Who is the head of the judicial branch • What authority establishes the head of the judicial branch • Source of authority
13 The Source of Rule Making Authority of Courts of Last Resort by Specific Areas
Appellate and trial court administration • Appellate Procedure • Civil and Criminal Procedure • Evidence • Judicial and attorney
discipline • Trial court costs and fee assessment
14 Judicial Councils and Conferences
Name of council/conference • Function • Authority • Year established • Reports to
15 Judicial Compensation Commissions
Authorization • Number of members- appointment process • Does commission review non-judicial positions? • Meeting schedule •
Commission reports to • Effects of commission recommendation
16 Preparation and Submission of the Judicial Branch Budget for State Funding
Who prepares the budget? • Who reviews the budget? • Budget submitted to • Budget period • Can funds roll over from one year to the
next? • Judicial % of state budget • Can executive branch amend the budget? • Is the judicial appropriation filed as a separate bill? •
Number of budget line items • Can the Judicial Branch move funds between line items?
17 Trial Court Expenditures and Funding Sources for Selected Expenditure Items
Judicial expenditures: total, paid by state, paid by locality • Responsibility of salaries for judicial, clerks of court, trial court
administrators, court reporters, other court personnel • Equipment • Court Record for Appeal • Buildings/Real Property • Travel
Expenses • General Operating Expenses • Indigent Defense • Child Support Enforcement • Juvenile Probation/Detention • Language
Interpreters • Jury Costs • Pretrial Services • Adult Probation • ADA Compliance
18
Appellate Court Clerks' Office: Staffing and Responsibilities by Function
Total staff • Accounting • Accounts payable • Administrative meetings • Appointments/assignments for sitting justices, supplemental
justices, administrative staff • Attorney admissions • Attorney registration • Audits • Bar grievance matters • Budget preparation •
Commissions and boards • Community outreach • Data processing • Facilities management • Generate court statistics •
Information/computer systems • Judicial education • Judicial qualifications • Law libraries • Legal research • Liaison with legislature •
Payroll • Personnel • Property Control • Purchasing • Records Management • Research/Planning • Security • Other
19 Clerks of Appellate Courts: Numbers and Method of Selection
Number of clerks • Method of appointment • Term of office • Minimum qualifications
20 Provisions of Law Clerks to Appellate Court Judges
Number of Clerks for each Chief Justice/Judge • Number of clerks for each associate justice/judge • Number of central law staff
vi State Court Organization, 2004
21
Administrative Office of the Courts: Staffing and Responsibilities for Trial Court Functions
Total staff • Accounting • Alternative dispute resolution • Assignments for sitting judges, supplemental judges • Audits • Budget
preparation • Facilities management • Foster care review • Human resources • Data entry • Records management • IT staff (technical)
• Judicial education • Law libraries • Legal research (law clerks) • Legal representation (general counsel) • Other legal services •
Liaison with legislature • Probation - adult • Probation - juvenile • Public information • Purchasing • Research/planning • Security •
Technical assistance to courts • Other
Part IV. Appellate Courts: Jurisdiction and Procedures 131
Table
22 Mandatory and Discretionary Jurisdiction of Appellate Courts
Civil Appeals • Criminal Appeals • Administrative agency appeals • Extraordinary writs • Guilty pleas • Post conviction relief • Death
penalty cases • Sentencing issues
23 The Structure of Appellate Court Panels
Number of panels • Size • Membership (permanent or rotating) • Frequency of rotation
24 Reviewing Discretionary Petitions
Number of judges deciding whether to grant review • Number of judges necessary to grant review • Who makes the decision on
granting petitions?
25 Expediting Procedures in Appellate Cases
Types of expedited appeals • Types of expedited procedures
26 Limitations on Oral Argument in Appellate Cases
Time limit • Must oral argument be formally requested? • Cases oral argument is automatically scheduled for
27 Type of Court Hearing Administrative Agency Appeals
Medical Malpractice • Worker’s Compensation • Public Service • Unemployment Insurance • Public Welfare • Insurance • Tax review •
Other agencies
Part V. Trial Courts: Administration, Specialized Jurisdiction, and Procedures 157
Table
28 Presiding Judges: Authority and Responsibilities
Title • Source of authority • Geographic extent of authority • Extra compensation received? • Continue to hear cases? • Reduced
caseload? • Supervise non-judicial employees • Assign cases to judges • Assign judges to court divisions • Request and assign visiting
judges • Select quasi-judicial officers • Supervise fiscal affairs • Establish special committees • Represent the court in community
relations • Maintain statistical and management data
29 Selection and Number of Trial Court Clerks and Trial Court Administrators
Number of clerks that are elected, appointed by the judicial branch, appointed by a non judicial branch body • Trial court administrators
appointed by AOC, judges, other • Number that serve by regions, individual court
30 Clerk of Court and Trial Court Administrator Responsibilities by Selected Function
Caseflow management • Collect fines and fees • Courthouse facilities management • Jury selection • Maintain the court record •
Marriage licenses • Mortgage records • Record/maintain conveyance records • Repository of birth certificates • Supervise court
reporters
31 Specialized Jurisdiction: Problem Solving Courts
Community • Drug • Domestic violence • Family • Mental health • Re-entry • Other
32 Specialized Jurisdiction: Family Courts
Court (year founded) • Locality • Domestic Relations Jurisdiction: Marriage dissolution, Paternity, Custody/visitation, Support, Adoption,
Protection order, Other • Juvenile Jurisdiction: Abuse/neglect, Dependency, Termination of Parental Rights, Other • Probate
Jurisdiction: Guardianship, Other • Civil Jurisdiction: Mental Health • Criminal Jurisdiction: Domestic Violence, Other
33 Tribal Courts
Number of federally recognized tribes • Number of Tribal justice forums • Number of CFR courts • State jurisdiction under Public Law
280 • Treatment “as if” under Public Law 280
34 Cameras and Audio Coverage in the Courtroom
Effective date for each court • Who must consent? • Who may object? • Effect of objection • Limitations on coverage: cameras and
audio, type of proceedings, type of participants
35
The Defense of Insanity: Standards and Procedures
Pre trial standard of proof • Bifurcated • Trial standard of proof • Burden of proof • Jury informed of verdict consequences • Test for
insanity • Insanity verdict • Treatment • Court has release authority
36 DNA Evidence: Post Conviction Analysis
Statute • Time limit for relief • Convictions for which relief may be sought • Length of time biological evidence must be preserved •
Standard for granting DNA testing (likelihood of producing new evidence) • Court believes DNA testing would result in: actual
innocence, more favorable verdict
37 Making the Trial Record
Does the court make a verbatim record of trials? • Methods used to create the record: steno type (court reporter), steno mask, audio
recording, video recording, other
Part VI. The Jury 213
Table
38 Grand Juries: Composition and Functions
Indictment required for all felonies • Grand jury size • Size of quorum • Number needed to indict • Statutory term • Special civil duties
39 Trial Juries: Qualifications and Source Lists for Jury Service
Statutory authority • Permissible sources of master list • Minimum age • Time since prior jury service • Convicted felons disqualified? •
Residency requirement • English required?
40 Trial Juries: Exemptions, Excusals, and Fees
Exemptions: age, professions • Term of service • Employer pays? • Base pay (per day) • Increase at X day of service
Contents vii
41
42
Trial Juries: The Allocation of Peremptory Challenges
Number of peremptory challenges in criminal cases: capital, felony, misdemeanor, additional • Number of preemptory challenges in civil
cases
Trial Juries: Size and Verdict Rules
Felony decision-rule • Misdemeanor decision-rule • Civil case decision-rule
Part VII. The Sentencing Context 239
Table
43 Sentencing Statutes: Key Definitions and Provisions for Sentence Enhancement
Felony range • Misdemeanor maximum • Felony fine range • Deadly weapon use – mandatory minimum • Habitual offender • Most
serious non-capital sentence
44 Jurisdiction for Adjudication and Sentencing of Felony Cases
Does the court have jurisdiction for: preliminary hearings, guilty pleas • Can felonies in this court be filed, dismissed, sentenced • Can
the sentence be altered after it begins by the trial judge, appellate judge
45 Sentencing Procedures in Capital and Non-Capital Felony Cases
Capital felony cases: original sentence set by, unanimous jury required, life without parole if no jury agreement, judge can alter
sentence, applicable code provisions • Non-capital felony cases: original sentence set by, judge can alter jury sentence, separate
sentencing hearing?
46 Active Sentencing Commissions/Sentencing Guideline Systems
Commission name • Year established • Membership • Responsibilities • Sentencing guidelines: year established, mandatory, voluntary
47 Collateral Consequences of a Felony Conviction
Voting rights restorable • Public employment • Jury service duty • Firearm ownership • Sex offender registration • Offenses for which
parental rights are terminated
Part VIII. Court Structure Charts 265
viii State Court Organization, 2004
INTRODUCTION: Purpose, format, and method of compilation
What is the purpose of the volume?
The fifth edition of State Court Organization
describes the diverse nature of the State courts in the 50
States, the District of Columbia, and Puerto Rico.
Information distributed across 47 tables details the main
features of how courts operate, ranging from the names
of the various courts established in each State to specific
aspects of law or procedure such as whether jury
verdicts must be unanimous to convict in criminal cases
or to decide on liability in civil matters.
The primary reason, then, for compiling State Court
Organization 2004 (previous editions describe court
organization in 1980, 1987, 1993, and 1998) is to
provide authoritative answers in a single volume to
fundamental questions about the composition of each
state’s court system: How many appellate and trial
courts have been established? What specific categories
of cases does each court have the jurisdiction to decide?
There is no standard, or typical, State court system:
fundamental matters vary from state to state.
A second purpose is to determine the patterns
across States that exist amidst this diversity. Most State
court systems have two levels of appellate courts and
two levels of trial courts. This edition of State Court
Organization facilitates examination of differing state
approaches to court administration and related
procedures and rules. The volume is also attentive to
features of state court organization that vary within a
state, rooted in counties, municipalities, townships, or
other forms of local government. The more important
points of variations within states are noted, sometimes in
the table proper but more often through footnotes.
A third purpose is to permit the analysis of trends
over time in how states organize their judicial branch.
Since 1980 significant changes have taken place in how
judicial branches are governed. Questions that can be
addressed include: Who is the head of the judicial
branch? What official or institution formulates and
submits the budget for operating the courts? What is the
source of the rulemaking authority of State courts of last
resort? Over time, editions of State Court Organization
reveal the advent of professional trial court managers:
administrators, clerks, and judges who view their role as
managerial in nature.
The 2004 edition of State Court Organization
continues the attention first given in 1998 to the growing
importance of specialized State court forums. Special
forums are divisions, dockets, courtrooms or procedures
dedicated to a designated set of cases and to which a
specific judge has been assigned. Such forums typically
are created through local court rules or custom, and
carry the label of “court” as a matter of convenience.
Information is included on the varieties of problemsolving courts, the most common form of specialized
courts today. A separate table is retained on the more
longstanding family court.
How should the volume be used?
The 2004 edition of State Court Organization
contains 428 items of information (up from 397 items in
1998) spread across 47 tables. Tables are divided into
seven parts according to broad topical areas:
1. Courts and Judges (Tables 1-3)
2. Judicial Selection and Service (Tables 4-11)
3. The Judicial Branch: Governance, Funding, and
Administration (Tables 12-21)
4. Appellate Courts: Jurisdiction and Procedures
(Tables 22-27)
5. Trial
Courts:
Administration,
Specialized
Jurisdiction, and Procedures (Tables 28-37)
6. The Jury (Tables 38-42)
7. The Sentencing Context (Tables 43-47)
An eighth part contains a one-page court structure
chart for each State, Puerto Rico, and the District of
Columbia. The charts complement the information
provided in the tables by depicting the essential structure
of a State’s court system in terms of subject matter
jurisdiction and routes of appellate review. Each part
begins with a brief explanatory note and a recommended
bibliography of sources relevant to the topic under
consideration. The introductions indicate why the
information provided is important for understanding the
nation’s courts and notes considerations to bear in mind
when using the part’s tables.
Two kinds of tables are presented. One kind of table
is formatted to describe what is defined at the state level,
such as the juror source lists, definitions of a felony
offense, the functions of administrative offices of the
courts, and other aspects of court organization that apply
to all appellate or trial courts within a state. Another kind
of table reports on features that differ from court to court
within a state, such as the number of judges or
procedures for selecting a presiding judge. The "court" in
trial court generally applies to a statewide court system.
For example, the Circuit Court of Virginia is divided into
31 circuits each serving a specific geographical area.
Some trial courts, though, include an entire State within
their geographic jurisdiction, as in New Jersey’s Tax
Court. Appellate courts are typically statewide in their
jurisdiction, but intermediate appellate courts are
established on a regional basis in Arizona, California,
Florida, Illinois, Louisiana, Missouri, New York, Ohio,
Texas, and Washington. In these States, intermediate
appellate courts may establish rules and procedures that
vary between regions (usually called a district or
division). Several States have multiple intermediate
appellate courts (Alabama, Indiana, New York,
Introduction 1
Pennsylvania, and Tennessee) and two states Oklahoma and Texas - have two courts of last resort
(See Table 1).
Some tables contain extensive footnotes. Footnotes
tend to appear in tables that cover topics for which a
simple answer was deemed unhelpful and consideration
of the footnote’s content is necessary to make
comparisons across states or to grasp fully the nature of
the arrangements that pertain in individual states. A
general cautionary statement is offered here. This
volume covers an unusually diverse set of topics. There
is no single state authority that maintains current and
complete information on each topic. Therefore several
sources were contacted in each state and extensive
searches were undertaken of court rules and state
statutes. The next section of this introductory essay
describes the process by which information was
obtained and verified.
•
•
administrative in nature and either new to the 2004
edition or likely to have changed significantly since
1998. Various versions of the new survey were pilot
tested through the kind cooperation of states
represented on the Court Statistics Committee.
A similar survey relating to information concerning
appellate courts designed to collect new or
changeable descriptive information on courts of last
resort
and
intermediate
appellate
courts.
Approximately 150 surveys were completed and
returned.
A third survey form designed to update some of the
information items carried over from the last edition
and judged unlikely to have changed significantly
over the previous five years. Respondents were
presented with the information published in the
1998 edition and were asked to update it to be
current as of December 31, 2004. Separate update
surveys were prepared for administrative offices of
the courts and appellate court clerks.
How was the volume compiled?
The contents for this edition were selected and the
relevant data collected through the following main steps.
The first step was a project staff review of the contents
State Court Organization 1998. In the course of that
review all members of the Conference of State Court
Administrators were asked to evaluate the usefulness of
each information item published in State Court
Organization 1998 and to nominate additional topics that
could usefully be included in the new edition. Some
information items were judged to be essential for the
continuity of the series, new information was identified to
keep pace with the changing shape and interests of the
court community, and still other information items were
found to be of limited contemporary interest. These
decisions were made in consultation with other National
Center for State Court staff members and relevant
academic and research experts on court-related topics.
Staff from the Bureau of Justice Statistics also
participated in the review process. A tentative list of
information contents was compiled by project staff and
then reviewed in detail by the members of the
Conference of State Court Administrator’s Court
Statistics Committee. At a subsequent meeting, the
Committee members reviewed the data collection design
and drafts of the data collection instruments. The chosen
information items were divided according to the most
reliable and cost-effective data collection method and
included:
•
2
A survey of administrative offices of the court
designed for distribution by mail to the state court
administrators of the 50 states, the District of
Columbia, and Puerto Rico. The questionnaire dealt
with aspects of court organization that are primarily
State Court Organization, 2004
Protocols were developed to conduct statute and
rule searches that would compile tables of information
on specific laws, legal procedure and legal practices that
applied statewide. Such searches were the primary
source of data about juries and sentencing. Figure 1
indicates the primary data collection methods for each
table of information. Upon return, surveys were reviewed
for completeness and clarity by project staff. Telephone
calls and fax messages were used to ensure that
accurate and comparable information was available from
all survey respondents. Information collected through
update surveys and through statute and rule searches
were entered in electronic tables.
The main step in the verification process was to
return all tables completed through surveys or update
forms back to state court administrators. This provided a
second check on the information, often by a second pair
of eyes, and served as a check on the accuracy of any
revisions made by project staff. All tables compiled
through statute or rule searches also were sent to the
state court administrator with a request that the contents
be examined and modified or corrected as necessary.
Verification often involved a series of iterations passed
back and forth between project staff and the
administrative office of the courts or appellate court
clerk.
The result is a reference source that covers a wide
range of information about trial and appellate courts and
state court administration. There are some obvious
limitations. Provisions and procedures that relate to
criminal cases receive more attention than those
concerning civil dockets. The focus, moreover, is on
statewide court organization. Within states there is
significant variation by locality that is beyond the scope
of this volume to describe. Finally, State Court
Organization is a companion series to the annual State
Court Caseload Statistics reports prepared by the Court
Statistics Project of the National Center for State Courts.
Please bring suggestions for information that might be
included in future editions to the attention of the Director
of the Court Statistics Project, National Center for State
Courts, 300 Newport Avenue, Williamsburg, Virginia
23185.
What is new to the 2004 edition?
A glossary defining symbols, abbreviations and
acronyms has been added to the front of the volume.
Some tables from the 1998 edition were not
repeated in 2004:
Table 21 - Court Automation
Table 35 - Provisions for Processing Domestic
Violence Cases
Table 47 - The Availability of Intermediate Sanctions
Table 50 - Good Time Accumulation and Parole
Tables appearing for the first time in 2004 are:
There has been some reorganization of the contents:
Table 5 in 1998 –Terms of Appellate Court Judges
(combined with Table 4 – Selection of
Appellate Court Judges)
Table 23 in 1998 – Structure of Panels Reviewing
Discretionary Petitions (divided into two
new tables: Table 23 – The Structure of
Appellate Court Panels and Table 24 –
Reviewing Discretionary Petitions)
Table 27 in 1998 - Special Calendars in Appellate
Courts (combined with Table 25 –
Expediting Procedures in Appellate
Courts)
State Court Organization 2004 enhances the
coverage of clerks of (trial) courts and trial court
administrators. The previous edition allocated one table
to each type of official, and provided information only on
their method of selection and source of funding. For
2004, Table 29 provides information for both clerks
and administrators on their method of selection and
numbers in each trial court system.
Table 30
describes the functional responsibilities for both sets of
officials using a common set of responsibilities.
Table 31 - Specialized Jurisdiction: Problem Solving
Courts
Table 36 - DNA Evidence: Post-Conviction Analysis
Table 37 - Making the Trial Record
(last covered in 1993)
Introduction
3
Figure 1: Primary Source of Data Collection
Table
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
AOC* Survey
Appellate Court
Clerks Survey
AOC* /Appellate
Clerks Update Survey
Statute and Rule
Search
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*AOC=Administrative Office of the Courts
4
Special Surveys
State Court Organization, 2004
Glossary of Selected Abbreviations, Definitions, and Symbols
Abbreviations
ADA = Americans with Disabilities Act
AOC = Administrative Office of the Courts
AP = At pleasure
CASA = Court Appointed Special Advocate
CJ = Chief Justice
CLE = Continuing legal education
CS = Court selection
DS = District
DU = Duration of service
EX = Executive
GE = Gubernatorial appointment with approval of
elected executive council
GJ = General jurisdiction
GL = Gubernatorial appointment with consent of the
legislature
GN = Gubernatorial appointment from judicial
nominating commission
GNE = Gubernatorial appointment from judicial
nominating commission with approval of elected
executive council
GNL = Gubernatorial appointment from judicial
nominating commission with consent of the
legislature
GU = Gubernatorial appointment
IA
= Intermediate appellate court
ID
= Indefinite
IT
= Information technology
JD = Judicial
JN = Judicial nominating commission appoints
LA = Legislative appointment
LD = Locally determined
LG = Legislature
LJ
= Limited jurisdiction
LWOP = Life in prison without parole
NP = Non-partisan election
NR = No response
N/S = Not stated
PE = Partisan election
RA = Reappointment
RE = Retention election
SC = Court of last resort
SCJ = Chief justice/judge of the court of last
resort appoints
SN = Seniority
SW = Statewide
TCA = Trial court administrator
US = Federal
VA = Varies
Definitions:
A.L.I. = Accused lacks substantial capacity to appreciate
the criminality (wrongfulness) of his/her conduct or
conform his/her conduct to the requirements of
law.
Irresistible Impulse = If a mental disorder caused the
individual to experience an irresistible impulse to
commit the offense, even if he/she remained able
to understand the nature of the offense and its
wrongfulness.
M’N = (M’Naghten) The accused party, at the time of
committing the act, was laboring under a defect of
reason from disease of the mind, not to know the
nature and quality of the act he/she was doing, or
if he/she did not know it was wrong.
Symbols:
◧ = Both mandatory and discretionary jurisdiction
□ = Discretionary jurisdiction
■ = Mandatory jurisdiction
~ = Not applicable
* = Mandatory list
â=
No/none
= Shared
W = Total
] = Yes
T
Glossary 5
Part I: Courts and Judges
The number and variety of appellate and trial courts
is the logical starting point for anyone interested in court
organization. The fundamental distinction is between
trial courts, which are courts of first instance that decide
a dispute by examining the facts, and appellate courts,
which review the trial court’s application of the law with
respect to those facts.
Table 1 lists the number and types of appellate
courts in each of the 50 states, the District of Columbia,
and Puerto Rico. Appellate courts are divided into two
basic categories, namely courts of last resort (COLR)
and intermediate appellate courts (IAC). Each state has
a COLR, which has final jurisdiction over appeals.
Oklahoma and Texas split final appellate review
between separate civil and criminal COLRs. Courts of
last resort typically were established in the state’s
constitution and sit in one location, the state capital.
IACs hear initial appeals, the outcome of which can be
subject to further review by the state’s COLR.
Intermediate appellate courts, a more contemporary
institution, often sit in multiple locations throughout the
state.
Table 2 lists the total number of appellate judges
serving the state courts. Information on term lengths as
well as the gender and racial and ethnic composition of
the bench is provided, where available. The state
appellate bench consists of 1,335 members. Term
lengths vary between states from four to sixteen years;
only Rhode Island selects judges to serve for life, while
Massachusetts and Puerto Rico mandate terms that last
until retirement at age 70.
All COLRs are established with an odd number of
justices, in contrast to the structure of the jury as a
decision-making institution, which usually consists of an
even number of members.
The most common
arrangement is a seven judge COLR, found in 28 states
and in Puerto Rico. Five justices serve on COLRs in 16
states, while five states follow the federal nine-justice
model as does the District of Columbia. Both Texas
COLRs have nine justices. Oklahoma has a ninemember Supreme Court and a five member Court of
Criminal Appeals.
Intermediate appellate courts often undertake review
through panels of three or more judges rather than by
the full court sitting “en banc” (see Table 23). California
has the largest state IAC, with 105 authorized and 88
serving judgeships divided into nine divisions (Table 1).
Trial courts are listed state-by-state in Table 3,
noting which are courts of general jurisdiction (GJ) and
which are courts of limited (or special) jurisdiction (LJ).
General jurisdiction trial courts are the highest trial court
in a state, where felony criminal cases and high stakes
civil suits are adjudicated. They often exercise some
form of appellate review over outcomes in limited
jurisdiction courts or decisions by administrative
agencies, exercising what is termed incidental appellate
jurisdiction (Table 27).
A limited jurisdiction trial court, one or more of which
is to be found in all but six states, typically holds
preliminary hearings in felony cases and has exclusive
jurisdiction over misdemeanor and ordinance violation
cases (Table 44 details the jurisdiction over felony cases
by courts of limited jurisdiction). Civil jurisdiction is
restricted to a fixed maximum amount, and typically
includes a separate category of small claims cases for
which simplified procedures are established. Juvenile
and domestic relations cases are typically heard in a
court of general jurisdiction, but in some states a special
court may exist for such “family law” cases (see Table
32).
Table 3 indicates the number of judges serving on
each trial court statewide. Some courts, especially those
with limited jurisdiction, use part-time or senior judges to
help with caseloads. Courts may also make use of
quasi-judicial staff to hear cases as referees,
commissioners, or hearing officers. Table 3 provides
information on term lengths for trial court judges as well
as their gender and racial and ethnic composition, where
available. The length specified is for a “full” term.
Judges may be appointed to serve an initial term for a
fixed period of time before becoming eligible to serve a
full term. Even in states that elect their judges, most
sitting judges are initially appointed to the bench to fill an
unexpired term created by the resignation or death of a
judge.
By and large, general jurisdiction trial courts are
divided into circuits or districts. In some states (e.g.,
California) the county serves as the judicial district. Most
states, however, construct judicial districts that embrace
a number of counties. Limited jurisdiction trial courts
vary in whether they possess county-wide jurisdiction
across a county or serve a specific local government
unit, such as a city or village. Jurisdiction beyond a
specific county is rare, except for those courts with
special jurisdiction that applies statewide (water courts
and workers’ compensation courts are examples).
In comparing court structures, it should be noted that
even basic nomenclature can vary markedly. Supreme
Courts are usually courts of last resort but in New York
“supreme” designates the main trial court; the Court
of Appeals is the state’s court of last resort. Justices
and a Chief Justice usually serve on courts of last
resort but a number of COLRs have judges and a
Chief Judge. Judge is the standard title for those
serving
on
intermediate
appellate
courts.
Courts and judges 7
Select Bibliography:
The American Bar Association, Facts About the
American Judicial System, Washington D.C.: 1999.
Lawrence Baum, American Courts: Process and Policy,
Fifth Edition 2001, Houghton Mifflin.
Robert A. Carp, Judicial Process in America,
Washington, D.C.: CQ Press, 2004.
Henry Glick, “State Court Systems”, Encyclopedia of the
American Judicial System, Vol. II, R. Janosik (Ed.). New
York: Charles Scribner’s, 1987.
William S. Miller, A Primer on American Courts, New
York: Pearson Longman, 2004.
8
State Court Organization, 2004
David Neubauer, America’s Courts and the Criminal
th
Justice System: 8 Edition, Wadsworth Publishing,
2004.
Robert W. Tobin, Creating the Judicial Branch: The
Unfinished Reform, Williamsburg, VA: National Center
for State Courts, 1999.
Tables 2 & 3
Diana R. Irvine (Ed.). The American Bench: Judges of
the Nation, Fifteenth Edition 2004/05, Sacramento, CA:
Forester-Long.
National Database on Judicial Diversity in State Courts,
The American Bar Association Standing Committee on
Judicial Independence
http://www.abanet.org/judind/diversity/home.html.
Table 1. Appellate Courts in the United States
Legend: ~=Not applicable
Court of last resort
Intermediate appellate court
# of chief
judges
1
1
Alabama
Court name
Supreme Court
Place of session
1
Montgomery
Court name
Court of Civil Appeals
Court of Criminal Appeals
Place of session
1
Montgomery
1
Montgomery
Alaska
Supreme Court
Anchorage,
Fairbanks, and
2
Juneau
Court of Appeals
Anchorage
1
Arizona
Supreme Court
Phoenix
Court of Appeals
Phoenix
Tucson
1
1
Arkansas
Supreme Court
Little Rock
Court of Appeals
Little Rock
1
California
Supreme Court
Los Angeles,
Sacramento, and
San Francisco
Courts of Appeals
9 locations
Colorado
Supreme Court
Denver
Court of Appeals
Denver
4
Connecticut
Supreme Court
Hartford
Delaware
Supreme Court
District of Columbia
Court of Appeals
5
3
9
1
5
Appellate Court
Hartford
1
Dover
~
~
~
Washington, D.C.
~
~
~
Florida
Supreme Court
Tallahassee
District Courts of Appeal
5 locations
Georgia
Supreme Court
Atlanta
Court of Appeals
Atlanta
Hawaii
Supreme Court
Honolulu
Intermediate Court of Appeals
Honolulu
Idaho
Supreme Court
7 locations
Illinois
Supreme Court
Indiana
8
6
5
7
1
1
9
Court of Appeals
9 locations
Springfield
Appellate Court
5 locations
5
Supreme Court
Indianapolis
Court of Appeals
Tax Court
Indianapolis
Indianapolis
1
10
~
Iowa
Supreme Court
Des Moines
Court of Appeals
Des Moines
1
Kansas
Supreme Court
Topeka
Court of Appeals
Varies
11
Kentucky
Supreme Court
Frankfort
Court of Appeals
Varies
12
Louisiana
Supreme Court
New Orleans
Maine
Supreme Judicial Court
Portland
Maryland
Court of Appeals
Massachusetts
1
1
1
13
Courts of Appeal
5 locations
~
~
~
Annapolis
Court of Special Appeals
Annapolis
1
Supreme Judicial Court
Boston
Appeals Court
Boston
1
Michigan
Supreme Court
Lansing
Court of Appeals
4 locations
Minnesota
Supreme Court
St. Paul
Court of Appeals
Throughout the
state
1
Mississippi
Supreme Court
Jackson
Court of Appeals
Jackson
1
Missouri
Supreme Court
Jefferson City
Court of Appeals
4 locations
Montana
Supreme Court
Helena
~
~
~
Nebraska
Supreme Court
Lincoln
Court of Appeals
Lincoln
1
Nevada
Supreme Court
Carson City
~
~
~
New Hampshire
Supreme Court
Concord
~
~
New Jersey
Supreme Court
14
17
Trenton
Superior Court, Appellate Div.
Varies
5
15
16
1
3
~
18
1
Courts and judges 9
Table 1. Appellate Courts in the United States
Legend: ~=Not Applicable
Court of last resort
Intermediate appellate court
New Mexico
Court name
Supreme Court
Place of session
Santa Fe
Court name
Court of Appeals
Place of session
19
Varies
New York
Court of Appeals
Albany
Supreme Court, Appellate Div.
4 locations
North Carolina
Supreme Court
Raleigh
Court of Appeals
Raleigh
North Dakota
Supreme Court
Bismark
~
~
21
20
# of chief
judges
1
4
1
~
22
Ohio
Supreme Court
Columbus
Courts of Appeal
12 locations
Oklahoma
Supreme Court
Court of Criminal Appeals
Oklahoma City
Oklahoma City
Court of Civil Appeals
Oklahoma City and
Tulsa
1
Oregon
Supreme Court
Salem
Court of Appeals
Salem
1
Pennsylvania
Supreme Court
Harrisburg,
Philadelphia, and
Pittsburgh
Superior Court
Harrisburg,
Philadelphia, and
23
Pittsburgh
Harrisburg,
Philadelphia, and
23
Pittsburgh
1
Commonwealth Court
12
1
Puerto Rico
Supreme Court
San Juan
Court of Appeals
San Juan
1
Rhode Island
Supreme Court
Providence
~
~
~
South Carolina
Supreme Court
Columbia
Court of Appeals
Columbia
1
~
~
~
24
South Dakota
Supreme Court
Pierre
Tennessee
Supreme Court
Jackson, Knoxville,
and Nashville
Court of Criminal Appeals
Court of Appeals
3 locations
25
3 locations
Texas
Supreme Court
Court of Criminal Appeals
Austin
Austin
Courts of Appeal
15 locations
Utah
Supreme Court
Salt Lake City
Court of Appeals
Salt Lake City
1
Vermont
Supreme Court
Montpelier
~
~
~
Virginia
Supreme Court
Richmond
Court of Appeals
Alexandria, Norfolk,
Richmond, and
Suffolk
1
Washington
Supreme Court
Olympia
Courts of Appeal
3 locations
West Virginia
Supreme Court of Appeals
Charleston
~
~
~
Wisconsin
Supreme Court
Madison
Court of Appeals
Madison,
Milwaukee,
Waukesha, and
Wausau
1
Wyoming
Supreme Court
Cheyenne
~
~
~
27
29
30
25
26
28
1
14
3
FOOTNOTES:
Alabama:
1
Sometimes sessions for oral argument are held in other cities.
Alaska:
2
The Supreme Court occasionally holds regular sessions in other cities.
California:
3
Six appellate districts meet in the following locations: First Appellate District –
San Francisco; Second Appellate District – Los Angeles, Ventura; Third
Appellate District – Sacramento; Fourth Appellate District – San Diego,
Riverside, Santa Ana; Fifth Appellate District – Fresno; Sixth Appellate District –
San Jose.
10
State Court Organization, 2004
Colorado:
Twice each year the court will travel and hold arguments at a public school as
part of a public education program.
4
Connecticut:
5
At least once per year, the court holds oral arguments at a Connecticut law
school, university, high school, or Superior Court as part of a public education
initiative.
Florida:
6
Five appellate districts meet in the following locations: District One –
Tallahassee; District Two – Tampa; District Three – Miami; District Four – West
Palm Beach; District Five – Daytona Beach.
Table 1. Appellate Courts in the United States
Georgia:
7
The Court of Appeals may sit outside Atlanta by special court order.
Idaho:
The Supreme Court meets in Boise, Coeur d’Alene, Idaho Falls, Lewiston,
Moscow, Pocatello, and Twin Falls.
9
The Court of Appeals meets in Blackfoot, Boise, Coeur d’Alene, Hailey, Idaho
Falls, Lewiston, Moscow, Pocatello, and Twin Falls.
8
Indiana:
Tax Court does not have a chief judge; it has one permanently assigned judge.
10
Kansas:
11
Court of Appeals judges are authorized to sit in any courthouse in the state.
Kentucky:
12
The panels of judges of the Court of Appeals do not sit permanently in one
location; instead, they travel throughout the state to hear cases.
Louisiana:
13
Five appellate circuits meet in the following locations: First Circuit – Baton
Rouge; Second Circuit – Shreveport; Third Circuit – Lake Charles; Fourth Circuit
– New Orleans; Fifth Circuit – Gretna.
Maine:
The Supreme Court is not lodged in its own building. Instead, the justices have
permanent chambers in the superior courthouse near their residence.
14
Michigan:
There are four designated election districts, but the Court of Appeals judges
rotate throughout court locations in the state.
15
Missouri:
Three appellate districts meet in the following locations: Eastern District – St.
Louis; Southern District – Poplar Bluff and Springfield; Western District – Kansas
City.
16
Nevada:
The Supreme Court also sits in Las Vegas several times a year.
17
New Jersey:
Superior Court, Appellate Division judges are not assigned to permanent
locations.
18
New Mexico:
Oral argument in the Court of Appeals is often scheduled in different locations.
19
New York:
20
Four appellate departments meet in the following locations: First Department –
New York City; Second Department – Brooklyn; Third Department – Albany;
Fourth Department – Rochester.
North Dakota:
21
The Supreme Court also sits in special session at the law school.
Ohio:
Twelve appellate districts meet in the following locations: District One –
Cincinnati; District Two – Dayton; District Three – Lima; District Four –
Portsmouth; District Five – Canton; District Six – Toledo; District Seven –
Youngtown; District Eight – Cleveland; District Nine – Akron; District Ten –
Columbus; District Eleven – Warren; District Twelve – Middleton.
22
Pennsylvania:
Special sessions may be held elsewhere.
23
South Dakota:
Twice each year the Court travels and holds arguments at the state’s law
school and at a public school as part of a public education program.
24
Tennessee:
25
Three sections of the Court of Appeals and the Court of Criminal Appeals meet
in the following locations: Eastern Section – Knoxville; Middle Section –
Nashville; Western Section – Jackson.
Texas:
26
Fourteen appellate districts meet in the following locations: District One –
Houston; District Two – Fort Worth; District Three – Austin; District Four – San
Antonio; District Five – Dallas; District Six – Texarkana; District Seven – Amarillo;
District Eight – El Paso; District Nine – Beaumont; District Ten – Waco; District
Eleven – Eastland; District Twelve – Tyler; District Thirteen – Corpus Christi and
Edinburg; District Fourteen – Houston.
Vermont:
Special court sessions are held at Vermont Law School and at trial courts.
27
Washington:
Three appellate divisions meet in the following locations: Division I – Seattle;
Division II – Tacoma; Division III – Spokane.
28
Wisconsin:
29
The Supreme Court travels to selected sites in Wisconsin approximately once
a year.
Wyoming:
30
On occasion the court sits at the Wyoming Law School and various community
colleges and high schools.
Courts and judges 11
Table 2. Number of Appellate Court Judges
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response
Gender
Race and ethnic composition
Black or African Hispanic or
American
Latino
Asian
Number
of judges
Length of
term (years)
Male
Female
White
Alabama
SC Supreme Court
Court of Civil Appeals
IA
Court of Criminal Appeals
IA
9
5
5
6
6
6
7
4
2
2
1
3
9
5
5
Alaska
SC Supreme Court
IA
Court of Appeals
5
3
10
8
4
3
1
5
3
Arizona
SC Supreme Court
IA
Court of Appeals
5
22
6
6
3
17
2
5
5
19
1
Arkansas
SC Supreme Court
IA
Court of Appeals
7
12
8
8
5
9
2
3
7
9
3
California
SC Supreme Court
IA
Courts of Appeal
7
88
12
12
4
61
3
27
3
80
1
3
Colorado
SC Supreme Court
IA
Court of Appeals
7
16
10
8
4
12
3
4
6
15
Connecticut
SC Supreme Court
IA
Appellate Court
7
2
9
8
8
5
7
2
2
6
8
Delaware
SC Supreme Court
5
12
4
1
5
District of Columbia
SC Court of Appeals
9
15
6
3
5
3
1
Florida
SC Supreme Court
IA
District Courts of Appeal
7
62
6
6
NR
49
NR
13
NR
53
NR
6
NR
3
Georgia
SC Supreme Court
IA
Court of Appeals
7
12
6
6
5
9
2
3
5
9
2
3
Hawaii
SC Supreme Court
IA
Intermediate Court of Appeals
5
6
10
10
4
4
1
2
2
2
Idaho
SC Supreme Court
IA
Court of Appeals
5
3
6
6
4
2
1
1
5
2
Illinois
SC Supreme Court
3
IA
Appellate Court
7
53
10
10
5
38
2
15
6
29
1
1
Indiana
SC Supreme Court
Court of Appeals
IA
Tax Court
IA
5
15
1
Up to 12
4
Up to 12
4
Up to 12
5
12
1
3
4
14
1
1
1
Iowa
SC Supreme Court
IA
Court of Appeals
7
9
8
6
6
6
1
3
7
8
Kansas
SC Supreme Court
IA
Court of Appeals
7
12
6
4
4
10
3
2
7
11
1
Kentucky
SC Supreme Court
IA
Court of Appeals
7
14
8
8
6
12
1
2
7
13
1
Louisiana
SC Supreme Court
IA
Courts of Appeal
7
6
53
10
10
4
43
3
10
6
43
1
10
12
State Court Organization, 2004
1
4
Other
2
1
3
2
2
1
1
1
1
NR
NR
3
4
1
5
1
Table 2. Number of Appellate Court Judges
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response
Gender
Race and ethnic composition
Black or African Hispanic or
American
Latino
Asian
Number
of judges
Length of
term (years)
Male
Female
White
Maine
SC Supreme Judicial Court
7
7
5
2
7
Maryland
SC Court of Appeals
IA
Court of Special Appeals
7
13
10
10
5
9
2
4
5
12
2
1
Massachusetts
SC Supreme Judicial Court
IA
Appeals Court
7
7
28
Until age 70
Until age 70
4
19
3
9
6
25
1
2
Michigan
SC Supreme Court
IA
Court of Appeals
7
28
8
6
4
20
3
8
6
26
1
2
Minnesota
SC Supreme Court
IA
Court of Appeals
7
16
6
6
5
12
2
4
6
13
1
3
Mississippi
SC Supreme Court
IA
Court of Appeals
9
10
8
8
9
10
8
8
1
2
Missouri
SC Supreme Court
8
IA
Court of Appeals
7
32
12
12
5
15
2
3
6
16
1
2
Montana
SC Supreme Court
7
8
5
2
7
Nebraska
SC Supreme Court
IA
Court of Appeals
7
6
At least 3
9
At least 3
6
5
1
1
7
6
Nevada
SC Supreme Court
7
6
4
3
6
New Hampshire
SC Supreme Court
5
5
4
1
5
New Jersey
SC Supreme Court
IA
Superior Court, Appellate Div.
7
35
7 (+ tenure)
10
7 (+ tenure)
4
26
3
9
5
31
New Mexico
SC Supreme Court
IA
Court of Appeals
5
10
8
8
3
7
2
3
2
7
New York
SC Court of Appeals
11
IA
Supreme Ct., Appellate Div.
7
57
14
5 or duration
3
37
4
9
5
42
1
2
North Carolina
SC Supreme Court
IA
Court of Appeals
7
15
8
8
6
9
1
6
7
12
3
North Dakota
SC Supreme Court
5
10
3
2
5
Ohio
SC Supreme Court
12
IA
Courts of Appeals
7
68
6
6
4
45
3
23
7
61
Oklahoma
SC Supreme Court
SC Court of Criminal Appeals
Court of Civil Appeals
IA
9
5
10
6
6
6
8
4
8
1
1
2
8
4
10
Oregon
SC Supreme Court
IA
Court of Appeals
7
10
6
6
7
7
3
6
9
7
13
23
14
9
10
10
10
6
16
4
1
7
5
7
22
8
Pennsylvania
SC Supreme Court
Superior Court
IA
Commonwealth Court
IA
9
10
Other
1
1
1
2
1
2
3
3
1
2
2
1
1
1
1
1
1
Courts and judges
13
Table 2. Number of Appellate Court Judges
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response
Gender
Race and ethnic composition
Black or African Hispanic or
American
Latino
Asian
Number
of judges
Length of
term (years)
Male
Female
Puerto Rico
SC Supreme Court
IA
Court of Appeals
7
39
To age 70
16
5
26
2
13
Rhode Island
SC Supreme Court
5
Life
4
1
5
5
15
10
10
6
4
9
1
1
5
8
South Dakota
SC Supreme Court
5
8
4
1
5
Tennessee
SC Supreme Court
Court of Appeals
IA
Court of Criminal Appeals
IA
5
12
12
8
8
8
4
9
11
1
3
1
4
12
11
1
Texas
SC Supreme Court
SC Court of Criminal Appeals
Courts of Appeals
IA
9
9
80
6
6
6
7
5
47
2
4
33
7
9
64
2
Utah
SC Supreme Court
IA
Court of Appeals
5
7
10
17
6
3
4
2
3
5
6
Vermont
SC Supreme Court
5
6
3
2
5
Virginia
SC Supreme Court
IA
Court of Appeals
7
11
12
8
4
7
3
4
6
10
1
1
9
20
22
6
6
5
5
4
5
9
9
1
West Virginia
SC Supreme Court of Appeals
5
12
4
1
5
Wisconsin
SC Supreme Court
IA
Court of Appeals
7
16
10
6
4
13
3
3
6
15
Wyoming
SC Supreme Court
5
8
4
1
5
South Carolina
SC Supreme Court
IA
Court of Appeals
Washington
SC Supreme Court
19
IA
Courts of Appeals
17
White
Other
7
39
2
1
2
12
1
116
118
1
1
FOOTNOTES:
Connecticut:
1
This does not include a senior judge in the Appellate Court.
2
One appellate court judge is currently serving as chief court administrator. As a
result, he is relieved of his appellate duties and a tenth appellate judge is
appointed.
Illinois:
3
The ethnic composition also does not include the First District Court.
Indiana:
4
Initial term is two years; retention is 10 years.
Iowa:
One judge of the Court of Appeals is Indian.
5
Missouri:
The gender and ethnic composition for the Court of Appeals does not include
the Eastern District court, as that court did not respond.
8
Nebraska:
9
Term is more than 3 years for the first election; retention election is every 6
years thereafter.
New Jersey:
10
All judges are subject to gubernatorial reappointment and consent by the
Senate after an initial seven-year term; thereafter, they may serve until
mandatory retirement at age 70.
Louisiana:
6
The Courts of Appeal have 55 authorized judicial positions.
New York:
Appellate Terms of the Supreme Court have been established within the First
and Second Departments of the Appellate Division. Data for the Appellate Terms
are not included in the information presented here.
Massachusetts:
The Appeals Court has 25 authorized judicial positions. The judges of the
Appeals Court are assisted by the services on recall of several retired judges.
Ohio:
The ethnic composition for the Courts of Appeals does not include the Sixth
District court.
7
14
State Court Organization, 2004
11
12
Table 2. Number of Appellate Court Judges
Texas:
The ethnicity of one Courts of Appeals judge is not known.
Pennsylvania:
13
The Superior Court has 15 authorized judicial positions. The judges of the
Superior Court are assisted by senior judges specially appointed by the Supreme
Court.
14
The judges of the Commonwealth Court are assisted by senior judges
specially appointed by the Supreme Court. Also, senior Common Pleas Court
judges occasionally serve on the Commonwealth Court.
Utah:
17
The initial term of appointment is until the next general election immediately
following the third year from the time of the initial appointment.
18
One judge of the Court of Appeals is American Indian/Alaska Native.
South Carolina:
15
The Court of Appeals has nine authorized judicial positions. The judges of the
Court of Appeals are assisted by a retired Court of Appeals judge now on special
appointment to the court.
Washington:
19
The gender and ethnic composition for the Courts of Appeals does not include
Division Two and Division Three courts, as those courts did not respond.
20
The Courts of Appeals have 23 authorized judicial positions.
16
Courts and judges
15
Table 3. Trial Courts and Trial Court Judges of the United States
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; NR=No response; N/S=Not stated; AP=At pleasure; DU=Duration of service; LD=Locally
determined; VA=Varies; ~=Not applicable
Gender
Race and ethnic composition*
Black or African Hispanic or
American
Latino
Asian
Number
of judges
Length of
term (years)
Male
Female
White
Alabama
GJ Circuit
LJ District
LJ Municipal
LJ Probate
142
102
315
68
6
6
1
4
6
127
81
N/S
N/S
15
21
N/S
N/S
132
94
N/S
N/S
10
8
N/S
N/S
Alaska
GJ Superior
LG District
~ Magistrate’s Division
34
20
52
6
4
AP
2
28
16
N/S
6
4
N/S
32
20
N/S
1
N/S
N/S
N/S
N/S
Arizona
3
GJ Superior
LJ Justice of the Peace
LJ Municipal
162
83
139
4
4
6
2
119
N/S
N/S
43
N/S
N/S
134
N/S
N/S
4
N/S
N/S
19
N/S
N/S
44
N/S
N/S
1
N/S
N/S
Arkansas
GJ Circuit
LJ District
LJ City
115
115
98
6
4
2
100
103
89
15
12
9
103
112
92
12
3
6
1,498
6
N/S
N/S
N/S
N/S
N/S
N/S
N/S
132
1
3
6
7
6
7
6
7
104
114
1
2
4
13
1
2
28
1
1
8
8
8
103
250
7
4
9
2
80
N/S
23
N/S
94
N/S
N/S
9
N/S
N/S
Connecticut
GJ Superior
LJ Probate
196
123
8
4
141
86
55
37
172
123
18
5
Delaware
GJ Superior
LJ Chancery
LJ Justice of the Peace
LJ Family
LJ Common Pleas
LJ Alderman’s
19
5
61
15
9
8
12
12
11
6
12
12
LD
14
5
41
10
8
N/S
5
2
20
5
1
N/S
17
5
52
12
8
N/S
8
2
1
1
N/S
N/S
District of Columbia
GJ Superior
59
15
33
26
28
28
3
Florida
GJ Circuit
LJ County
526
276
6
6
408
194
118
82
462
234
24
24
33
16
Georgia
GJ Superior
LJ Juvenile
LJ Civil
LJ State
LJ Probate
LJ Magistrate
LJ Municipal/of Columbus
LJ County Recorder’s
LJ Municipal/City of Atlanta
188
120
4
112
159
499
2
12
342
4
4
4
4
4
4
4
LD
AP
156
80
4
89
76
299
2
5
295
32
40
23
83
200
17
11
1
11
5
45
7
47
160
108
3
92
139
386
2
6
273
Hawaii
17
GJ Circuit
17
LJ District
33
36
10
6
21
23
12
13
13
9
Idaho
GJ District
LJ Magistrate’s Division
39
83
4
4
33
76
6
7
39
83
California
GJ Superior
Colorado
GJ District
GJ Denver Probate
GJ Denver Juvenile
GJ Water
LJ County
LJ Municipal
16
State Court Organization, 2004
8
8
8
8
8
1
5
26
N/S
N/S
N/S
N/S
Other
N/S
N/S
1
5
N/S
1
N/S
10
112
N/S
13
7
13
2
1114
1
1
14
8
14
15
15
68
1
43
13
19
16
718
18
8
Table 3. Trial Courts and Trial Court Judges of the United States
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; NR=No response; N/S=Not stated; AP=At pleasure; DU=Duration of service; LD=Locally
determined; VA=Varies; ~=Not applicable
Gender
Race and ethnic composition*
Black or African Hispanic or
American
Latino
Asian
Number
of judges
Length of
term (years)
Male
Female
White
Illinois
GJ Circuit
~ Associate Division
494
356
6
4
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
Indiana
GJ Superior and Circuit
GJ Probate
LJ County
LJ City and Town
LJ Small Claims/Marion County
297
1
4
74
9
6
6
6
4
4
248
1
3
51
6
49
N/S
N/S
N/S
N/S
1
23
3
N/S
1
4
71
9
1
2
Iowa
GJ District
335
Kansas
GJ District
LJ Municipal
Other
19
6
20
264
71
329
5
1
234
255
21
4
LD
202
N/S
32
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
Kentucky
GJ Circuit
LJ District
127
112
8
4
97
74
30
38
124
108
3
4
Louisiana
GJ District
GJ Juvenile & Family
LJ Justice of the Peace
LJ Mayor’s
LJ City & Parish
213
18
388
250
73
6
6
6
4
6
179
8
250
N/S
59
34
10
138
N/S
14
169
12
338
N/S
62
44
6
49
N/S
11
N/S
N/S
122
N/S
Maine
GJ Superior
GJ District
LJ Probate
16
33
16
7
7
4
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
Maryland
GJ Circuit
LJ District
LJ Orphan’s
143
104
66
15
10
4
102
75
N/S
41
29
N/S
116
84
N/S
25
18
N/S
N/S
2
2
N/S
N/S
Massachusetts
GJ Superior
LJ District
LJ Probate & Family
LJ Juvenile
LJ Housing
LJ Boston Municipal
LJ Land
73
148
50
40
10
28
6
To age 70
To age 70
To age 70
To age 70
To age 70
To age 70
To age 70
45
120
27
20
7
20
5
28
28
23
20
3
8
1
64
140
48
35
9
21
6
7
7
1
3
1
5
1
1
1
2
1
1
1
Michigan
GJ Circuit
GJ Claims
LJ District
LJ Probate
LJ Municipal
215
7
257
106
4
6
6
6
6
4
169
3
188
77
3
46
4
69
29
1
184
6
212
98
4
28
1
44
1
3
Minnesota
GJ District
276
6
205
71
260
9
3
3
Mississippi
GJ Circuit
LJ Chancery
LJ County
LJ Municipal
LJ Justice
49
45
26
253
197
4
4
4
LD25
4
40
32
20
228
156
9
13
6
25
41
41
37
21
N/S
N/S
8
8
5
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
Missouri
GJ Circuit
LJ Municipal
322
377
267
N/S
55
N/S
304
N/S
18
N/S
N/S
N/S
N/S
26
27
6
LD
28
1
1
623
24
1
Courts and judges
17
Table 3. Trial Courts and Trial Court Judges of the United States
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; NR=No response; N/S=Not stated; AP=At pleasure; DU=Duration of service; LD=Locally
determined; VA=Varies; ~=Not applicable
Gender
Number
of judges
Length of
term (years)
Male
Female
White
31
1
5
37
2
37
8
31
3
35
39
1
5
67
5
72
Race and ethnic composition*
Black or African Hispanic or
American
Latino
Asian
Other
Montana
GJ District
GJ Workers’ Compensation
GJ Water
LJ Justice of the Peace
LJ Municipal
LJ City
39
1
5
30
68
5
30
72
6
6
4
4
4
4
Nebraska
GJ District
LJ Separate Juvenile
LJ County
LJ Workers’ Compensation
55
10
58
7
6
31
6
31
6
31
6
47
7
49
6
8
3
9
1
54
8
56
7
2
2
Nevada
GJ District
LJ Justice
LJ Municipal
60
62
29
6
6
VA
41
37
20
19
25
9
37
N/S
N/S
1
N/S
N/S
New Hampshire
GJ Superior
LJ District
LJ Probate
26
68
10
To age 70
To age 70
To age 70
20
60
9
6
8
1
26
67
10
New Jersey
GJ Superior
LJ Tax
LJ Municipal
377
34
7
345
7
33
7
3
289
6
306
88
1
39
331
7
223
28
16
2
24
14
1
8335
New Mexico
GJ District
LJ Magistrate
LJ Metropolitan/Bernalillo County
LJ Municipal
LJ Probate
75
62
16
85
33
6
4
4
VA
2
57
49
N/S
N/S
N/S
18
13
N/S
N/S
N/S
48
30
N/S
N/S
N/S
3
23
25
N/S
N/S
N/S
N/S
N/S
N/S
136
36
7
N/S
N/S
N/S
498
111
60
20
95
167
14
10
9
38
10
10
6
10
41
10
10
VA
368
100
53
15
48
132
130
11
7
5
47
35
415
105
48
19
84
146
50
4
2
20
5
5
9
4
40
40
67
22
N/S
65
14
N/S
78
25
N/S
20
5
N/S
18
4
N/S
29
31
33
1
1
N/S
N/S
N/S
N/S
N/S
132
36
2,300
North Carolina
GJ Superior
LJ District
105
234
8
4
97
168
8
66
86
202
17
29
1
North Dakota
GJ District
LJ Municipal
42
80
6
4
35
80
7
42
N/S
N/S
N/S
Ohio
GJ Common Pleas
LJ Municipal
LJ County
LJ Claims
LJ Mayor’s
384
200
46
2
322
6
6
6
303
148
41
2
N/S
81
52
5
N/S
N/S
N/S
N/S
N/S
Oklahoma
GJ District
LJ Municipal Not of Record
LJ Municipal of Record
LJ Workers’ Compensation
LJ Tax Review
18
State Court Organization, 2004
43
50
221
350
26
10
3
44
49
DU
51
4
2
2
6
DU
40
40
2032
N/S
N/S
1
New York
GJ Supreme
GJ County
GJ Claims
LJ Surrogates’
LJ Family
39
LJ District
LJ City
LJ NYC Civil
LJ NYC Criminal
LJ Town & Village Justice
40
1
N/S
N/S
3
1
1037
37
2
37
7
37
1
37
1
37
12
40
7
N/S
42
9
37
2
N/S
145
45
3
N/S
N/S
2046
47
5
48
5
11
22
1
N/S
353
173
40
2
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
Table 3. Trial Courts and Trial Court Judges of the United States
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; NR=No response; N/S=Not stated; AP=At pleasure; DU=Duration of service; LD=Locally
determined; VA=Varies; ~=Not applicable
Gender
Oregon
GJ Circuit
GJ Tax
LJ County
LJ Justice
LJ Municipal
Race and ethnic composition*
Black or African Hispanic or
American
Latino
Asian
Number
of judges
Length of
term (years)
Male
Female
White
169
1
7
30
225
6
6
6
6
LD
121
1
5
N/S
N/S
48
1
3
1
752
2
N/S
N/S
157
1
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
10
6
6
6
398
21
464
5
95
10
154
4
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
56
NR
NR
NR
NR
NR
NR
NR
2
N/S
N/S
N/S
N/S
Pennsylvania
GJ Common Pleas
LJ Philadelphia Municipal
54
LJ Magisterial District Judge
LJ Philadelphia Traffic
493
53
31
53
618
53
9
Puerto Rico
GJ First Instance
328
Rhode Island
GJ Superior
LJ Workers’ Compensation
LJ District
LJ Family
LJ Probate
LJ Municipal
LJ Traffic Tribunal
26
9
57
15
57
20
39
21
57
7
Life
VA
Life
Life
2
2
VA
17
6
10
11
N/S
N/S
4
9
3
5
9
N/S
N/S
3
24
9
13
20
N/S
N/S
6
1
1
N/S
N/S
1
N/S
N/S
South Carolina
GJ Circuit
LJ Family
LJ Magistrate
LJ Probate
LJ Municipal
45
58
51
309
46
328
58
6
6
4
4
2-4
42
38
59
233
23
60
214
4
14
59
57
23
60
60
41
51
238
44
237
5
1
76
2
45
South Dakota
GJ Circuit
LJ Magistrate
38
14
8
4
34
9
4
5
38
14
Tennessee
GJ Circuit
GJ Chancery
GJ Criminal
GJ Probate
LJ Juvenile
LJ Municipal
LJ General Sessions
83
34
33
2
17
170
15462
8
8
8
8
8
LD
8
71
27
24
N/S
N/S
N/S
N/S
12
7
9
N/S
N/S
N/S
N/S
80
31
29
N/S
N/S
N/S
N/S
3
3
4
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
Texas
GJ District
LJ County-level
LJ Justice of the Peace
LJ Municipal
424
481
826
1,343
4
4
4
LD
315
390
54766
68
879
109
91
66
262
68
405
346
347
451
590
13
6
19
15
49
48
87
80
1
Utah
GJ District
LJ Justice
LJ Juvenile
70
120
26
6
4
70
6
70
62
70
17
8
50
9
65
117
24
1
1
1
1
2
Vermont
GJ Superior
GJ District
GJ Family
LJ Probate
LJ Environmental
LJ Judicial Bureau
14
17
72
5
18
2
3
6
6
72
6
4
6
6
8
12
72
1
11
1
6
5
72
4
7
1
3
14
17
72
5
17
2
3
Virginia
GJ Circuit
LJ District
156
239
8
6
140
180
16
59
139
212
53
55
57
12
4
63
2
63
2
1
Other
19
61
N/S
N/S
N/S
N/S
64
15
65
80
67
269
69
656
171
1
17
27
Courts and judges
19
Table 3. Trial Courts and Trial Court Judges of the United States
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; NR=No response; N/S=Not stated; AP=At pleasure; DU=Duration of service; LD=Locally
determined; VA=Varies; ~=Not applicable
Gender
Race and ethnic composition*
Black or African Hispanic or
American
Latino
Asian
Number
of judges
Length of
term (years)
Male
Female
Washington
GJ Superior
LJ District
LJ Municipal
179
109
98
4
4
4
12573
79
74
75
52
30
74
12
160
105
83
11
1
2
West Virginia
GJ Circuit
LJ Magistrate
LJ Municipal
LJ Family
65
158
122
35
8
4
LD
75
8
63
95
N/S
21
2
63
N/S
14
63
157
N/S
35
2
1
N/S
Wisconsin
GJ Circuit
LJ Municipal
240
232
6
2-4
209
191
31
41
229
N/S
6
N/S
3
N/S
N/S
2
N/S
Wyoming
GJ District
LJ Circuit
LJ Municipal
20
24
81
77
6
4
LD
18
21
65
2
3
16
20
24
N/S
N/S
N/S
N/S
N/S
73
White
2
4
3
2
Other
273
11
74
76
*Some states, as a matter of policy, do not release information on the composition of their bench. In addition, in many states there is no state-level body
with responsibility for collecting information on the bench of limited jurisdiction courts that are primarily or exclusively locally funded.
FOOTNOTES:
Alabama:
1
The length of term for Municipal Court judges is two years if the position is parttime.
Alaska:
The initial term for Superior Court judges is three years.
2
Arizona:
3
Includes the Superior Court judge/judges who also serve on the Tax Court.
4
Also includes Superior Court judges that are Native Hawaiian/Pacific Islander.
5
One judge of the Superior Court is American Indian/Alaska Native.
6
The length of term for the Municipal Court varies by court, but the minimum
term is two years.
Colorado:
7
The initial term for District Court, Denver Probate Court, Denver Juvenile Court,
and County Court judges is two years.
8
District Court judges serve as Water Court judges.
9
The length of term for Municipal Court judges varies by court, but the term is not
less than two years.
Connecticut:
10
One Superior Court judge is a Native Hawaiian/Pacific Islander.
Delaware:
11
The initial term for Justices of the Peace is four years.
12
One Common Pleas Court judge is American Indian/Alaska Native.
Florida:
13
The ethnicity of these judges is not known.
Georgia:
The ethnicity of these judges is not known.
Three Magistrate Court judges are American Indian/Alaska Native, and the
ethnicity of 65 judges is not known.
16
One Municipal/City of Atlanta Court judge is multi-racial, and the ethnicity of 42
judges is not known.
14
15
Hawaii:
17
The Family Court is a division of the Circuit Court. Family Court judges are
either Circuit Court judges assigned to the Family Court or are District Court-level
judges (district/family judges).
18
Seven Circuit Court judges and eight District Court judges are Native
Hawaiian/Pacific Islander.
20
State Court Organization, 2004
Iowa:
The number of District Court judges includes associate judges and
magistrates.
20
The initial term for District judges is at least one year. Associate judges serve
a term of four years with an initial term of at least one year, and magistrate
judges serve a term of four years.
19
Kansas:
21
The number of District Court judges includes magistrates.
Louisiana:
22
The ethnicity of one Justice of the Peace is not known.
Michigan:
23
The ethnicity of six Probate Court judges is not known.
Minnesota:
24
One District Court judge is an American Indian/Alaska Native.
Mississippi:
25
Municipal Court judges usually serve a term of four years.
Missouri:
26
The number of Circuit Court judges includes associate judges.
27
Associate Circuit judges serve a term of four years.
28
Includes Circuit Court judges that are Hispanic or Latino, Asian, and American
Indian/Alaska Native.
Montana:
29
There are actually 42 District Court judges. Three of those judges serve the
Water Court and are included in the data for that court.
30
The Justice of the Peace Court and the City Court share a number of judges.
As such, the number of judges listed for these courts is inflated.
Nebraska:
31
The initial term for Nebraska judges is at least three but no more than five
years.
Nevada:
32
The ethnicity of these judges is not known.
New Jersey:
33
After an initial seven-year term, the reappointment term for Superior and Tax
Court judges is open-ended until mandatory retirement at age 70.
34
There are actually 12 authorized Tax Court judges. Five of those judges are
temporarily assigned to the Superior Court and are included in the data for that
court.
Table 3. Trial Courts and Trial Court Judges of the United States
35
One Municipal Court judge is American Indian/Alaska Native and the ethnicity
of 82 judges is unknown.
New Mexico:
36
One District Court judge and seven Magistrate Court judges are American
Indian/Alaska Native.
New York:
37
The ethnicity of these judges is not known.
38
Surrogate Court judges in New York City serve a term of 14 years.
39
The number of judges and the gender/ethnic composition for the District Court
includes City Court judges, but does not include part-time judicial positions.
40
This information is Included in the District Court data.
41
Housing judges within the New York City Civil Court serve a term of five years.
42
One New York City Civil (Housing) Court judge is American Indian/Alaska
Native and the ethnicity of eight judges is not known.
North Carolina:
43
The number of Superior Court judges includes special judges.
44
Special judges serve a term of four years.
45
One Superior Court judge and three District Court judges are American
Indian/Alaska Native.
Ohio:
46
One Court of Common Pleas judge is American Indian/Alaska Native, four
judges are bi-racial, and the ethnicity of 15 judges is not known.
47
Two Municipal Court judges are bi-racial, and the ethnicity of three judges is
not known.
48
One County Court judge is bi-racial, and the ethnicity of four judges is not
known.
49
Court of Claims judges are temporarily assigned by the Chief Justice of the
Supreme Court.
Oklahoma:
50
The number of District Court judges includes associate judges and special
judges.
51
District and associate judges serve terms of four years; special judges serve at
pleasure.
Oregon:
52
Two Circuit Court judges are American Indian/Alaska Native and the ethnicity
of five judges is not known.
Pennsylvania:
53
These numbers include both active and senior judges.
54
Effective January 2005 the Pittsburgh City Magistrate’s Court merged with the
District Justice Court, which was renamed the Magisterial District Judges Court.
Puerto Rico:
55
The number of Court of First Instance judges includes Municipal Division
judges.
56
Municipal Division judges serve a term of eight years.
Rhode Island:
57
The number of judges includes magistrates.
South Carolina:
58
Four to five judges are currently working as active retired judges.
59
The gender of 28 Magistrate Court judges is not known.
60
The gender of 31 Municipal Court judges is not known.
61
The ethnicity of these judges is not known.
Tennessee:
62
The number of General Sessions Court judges includes judges that also serve
the Juvenile Court.
Texas:
63
This classification includes Pacific Islander.
64
Two District Court judges are American Indian/Alaska Native, and the ethnicity
of 13 judges is not known.
65
The ethnicity of 80 County-level Court judges is not known.
66
The gender of 17 Justices of the Peace is not known.
67
One Justice of the Peace is American Indian/Alaska Native and the ethnicity of
268 justices is not known.
68
The gender of 59 Municipal Court judges is not known.
69
Five Municipal Court judges are American Indian/Alaska Native and the
ethnicity of 656 judges is not known.
Utah:
70
The initial term of appointment is until the next general election immediately
following the third year from the time of the initial appointment.
71
One District Court judge is Native Hawaiian/Pacific Islander.
Vermont:
72
Superior and District Court judges serve the Family Court.
Washington:
73
The gender and race and ethnic composition data do not include two Superior
Court judges.
74
The gender and race and ethnic composition data do not include 11 Municipal
Court judges.
West Virginia:
75
The initial term for Family Court judges is six years.
Wisconsin:
76
One Circuit Court judge is Native Hawaiian/Pacific Islander and the ethnicity of
one judge is not known.
Wyoming:
77
The number of District Court judges increased to 21 in 2005.
Courts and judges
21
Part II: Judicial Selection and Service
How judges are selected and their terms of service
on the bench differ sharply between the federal and
state courts, and the differences among states are often
nearly as significant. All federal judges are nominated
by the President and serve “during good behavior” once
confirmed by the U.S. Senate unless they resign or are
impeached and convicted by the U.S. Congress. State
court judges are likely to face an election as a part of
their selection process and to serve fixed terms, which
for COLR justices range between six and 14 years (15
years in the District of Columbia). Only Rhode Island
offers appellate judges lifetime appointments, while the
judges of Massachusetts’s and Puerto Rico’s Supreme
Court serve until age 70 (Table 2).
Judicial selection occurs for three purposes in the
state courts: to fill an unexpired term upon the
retirement, resignation, or death of an incumbent judge;
to select for a full term; and at the end of a special term.
Table 4 describes the various ways in which appellate
justices and judges are selected, for “unexpired” and
“full” terms, as well as for subsequent terms, while Table
6 describes procedures for selecting trial court judges.
One marker for examining the diverse selection
methods adopted by the states is the “Missouri Plan.” In
1940, the State of Missouri amended its constitution to
establish a statewide nominating committee for appellate
judgeships and circuit-level commissions for general
jurisdiction
trial
court
judgeships.
A
judge,
representatives of the state bar association, and nonlawyers appointed by the governor make up the
committee. The governor must appoint one of the
committee’s three nominees to fill a vacancy. The new
appointee then faces a retention election in one year’s
time, running against their own record and further
retention elections at 12-year intervals. Thirty-seven
states use some form of judicial nominating commission
in judicial selection, which became popular in the 1970s
(Table 8), although only 15 combine such a commission
with retention elections on the Missouri model (Tables 4
and 6).
Since 1998, two states changed from partisan to
non-partisan judicial elections. In Arkansas the public
voted in November 2000 to make all judicial elections
non-partisan. North Carolina made that change for
District Court trial judges in 2000 and for all appellate
judges in 2002.
All appellate courts and most trial courts have a
chief justice or judge. Table 4 explains how chief
justices and chief judges of COLRs and IACs are
selected in each state. The length of their term in office
can also be found in the table. How trial court chief
judges (sometimes termed presiding judges) are
selected is detailed in Table 6. The judges in a district or
circuit typically select one of their peers to serve as the
chief judge for a fixed number of years, but the
appointment may be made at the state level by the
governor, Chief Justice of the COLR, or the COLR
collectively. In some instances a specific individual is
elected or appointed as the chief judge and holds that
title throughout their tenure.
In other trial courts,
seniority establishes who is selected as the chief judge.
Qualifications for service as a judge are stated in the
constitutions and statutes of the various states. Tables 5
and 7 indicate the constitutionally or statutorily mandated
qualifications in terms of residency, age, and legal
credentials that are mandated for appellate and trial
court judgeships, respectively. Many states require
judges to participate in some form of legal education
beyond the Continuing Legal Education expected of all
state bar members. Mandatory judicial education is
accomplished through a wide range of judicial branch
and private entities and is funded by a variety of sources
(Table 9).
Nineteen states, the District of Columbia, and Puerto
Rico make formal provision for an ongoing evaluation of
judicial performance (Table 10). States with retention
elections for judges are the most likely to evaluate
performance and make public the results, but some with
nonpartisan elections do so as well (Minnesota), as do
many with a system of judicial appointments
(Connecticut, Massachusetts, New Hampshire, Rhode
Island, and Vermont). Table 10 identifies the body
responsible for operating the program, the implementing
authority, the membership of the evaluating body, and
how the evaluation is undertaken.
Judicial conduct organizations are the main arbiters
of what constitutes judicial misconduct in the states.
Conduct organizations investigate complaints against
members of the judiciary and typically include a mix of
judges, lawyers, and ordinary citizens. The adjudicatory
function is usually exercised by the COLR, although
sometimes the original conduct organization both
investigates and adjudicates complaints.
In such
instances there is usually a right of appeal to the state’s
COLR. Table 11 highlights the various investigating and
adjudicating bodies as well as their respective
organizational structure. This table also indicates which
court or other entity adjudicates complaints, hears
appeals, has final disciplinary authority, and at what
point reprimands are made public.
Select General Bibliography:
American Bar Association, Standards on State Judicial
Selection: Report of the Commission on State Judicial
Selection Standards, Chicago, IL: 2001.
Courts and judges
23
Call To Action: Statement of the National Summit on
Improving Judicial Selection: Expanded Edition with
Commentary, Williamsburg, VA: National Center for
State Courts, 2002. Available online:
http://www.ncsconline.org/D_Research/CallToActionCo
mmentary.pdf.
Philip J. Dubois, From Ballot to Bench: Judicial Elections
and the Quest for Accountability. Austin, TX: University
of Texas Press, 1980.
Judicial Merit Selection: Current Status, The American
Judicature Society, Des Moines, IA, 2003.
Richard C. Kearney, "Judicial Performance Evaluation in
the States" Public Administration Quarterly 22, no. 4
(Winter 1999).
Doris Marie Provine, Judging Credentials: Nonlawyer
Judges and the Politics of Professionalism, Chicago, IL:,
University of Chicago Press, 1986.
Malia Reddick, Merit Selection: A Review of the Social
Scientific Literature, American Judicature Society, 2003,
Available online: http://www.ajs.org/js/LitReview.pdf.
Judith Rosenbaum, Practices and Procedures of State
Judicial Conduct Organizations, Chicago, IL: American
Judicature Society, 1990.
24
State Court Organization, 2004
Elliot E. Slotnick (Ed.), Judicial Politics: Readings from
the Judicature, Washington, D.C.: CQ Press, 2005.
Standards on State Judicial Selection: Report of the
Commission on State Judicial Selection Standards,
American Bar Association, Standing Committee on
Judicial Independence, Chicago: 2001.
Mary Volcansek, Judicial Impeachment: None Called for
Justice, Urbana, IL: University of Illinois Press, 1993.
Penny J. White, “Judging Judges: Securing Judicial
Independence by Use of Judicial Performance
Evaluations,” Fordham Urban Law Journal 29, no. 3
(February 2002): 1053-78.
Tables 4 & 6
Hunter Center for Judicial Selection (American
Judicature Society), Judicial Selection in the States
http://www.ajs.org/js provides a comprehensive state-bystate resource on current methods of judicial selection
for all court levels and extensive background material on
the history of judicial selection.
Table 4. Selection of Appellate Court Judges
Legend: SC=Court of last resort; IA=Intermediate appellate court; N/S=Not stated; ~=Not applicable
Appellate judges
Method of selection
Unexpired term
Full term
Chief justice/judge
Method of
retention
Geographic basis
for selection
Method of
appointment
Term (years)
SW
SW
SW
NP
CS
SN
6
ID
ID
Alabama
SC Supreme Court
Court of Civil Appeals
IA
Court of Criminal Appeals
IA
GU
GU
GU
PE
PE
PE
PE
PE
PE
Alaska
SC Supreme Court
IA
Court of Appeals
GN
GN
GN
GN
RE
1
RE
1
SW
SW
CS
SCJ
3
2
Arizona
SC Supreme Court
IA
Court of Appeals
GN
GN
GN
GN
RE
RE
SW
DS
CS
CS
5
1
Arkansas
SC Supreme Court
IA
Court of Appeals
GU
GU
NP
NP
NP
NP
SW
DS
NP
SCJ
8
4
California
SC Supreme Court
IA
Courts of Appeal
GU
GU
GU
GU
RE
RE
SW
DS
GU
GU
12
12
Colorado
SC Supreme Court
IA
Court of Appeals
GN
GN
GN
GN
RE
RE
SW
SW
CS
SCJ
ID
AP
Connecticut
SC Supreme Court
IA
Appellate Court
GNL
GNL
GNL
GNL
GNL
GNL
SW
SW
GNL
SCJ
8
ID
Delaware
SC Supreme Court
GNL
GNL
GNL
SW
GU
12
2
2
2
SW
3
JN
4
Florida
SC Supreme Court
IA
District Courts of Appeal
GN
GN
GN
GN
RE
RE
DS and SW
DS
CS
CS
2
2
Georgia
SC Supreme Court
IA
Court of Appeals
GN
GN
NP
NP
NP
NP
SW
SW
CS
SN
2
2
Hawaii
SC Supreme Court
IA
Intermediate Court of Appeals
GNL
GNL
GNL
GNL
JN
JN
SW
SW
GNL
GNL
10
10
Idaho
SC Supreme Court
IA
Court of Appeals
GN
GN
NP
NP
NP
NP
SW
SW
CS
SCJ
4
2
Illinois
SC Supreme Court
IA
Appellate Court
CS
SC
PE
PE
RE
RE
DS
DS
CS
CS
3
1
Indiana
SC Supreme Court
Court of Appeals
IA
Tax Court
IA
GN
GN
GN
GN
GN
GN
RE
RE
RE
SW
DS
SW
JN
CS
~
5
3
~
Iowa
SC Supreme Court
IA
Court of Appeals
GN
GN
GN
GN
RE
RE
SW
SW
CS
CS
8
2
Kansas
SC Supreme Court
IA
Court of Appeals
GN
GN
GN
GN
RE
RE
SW
SW
SN
SC
ID
ID
Kentucky
SC Supreme Court
IA
Court of Appeals
GN
GN
NP
NP
NP
NP
DS
DS
CS
CS
4
4
Louisiana
SC Supreme Court
IA
Courts of Appeal
CS
6
SC
6
PE
7
PE
7
PE
7
PE
7
DS
DS
SN
SN
DU
DU
District of Columbia
SC Court of Appeals
4
5
Judicial selection and service
25
Table 4. Selection of Appellate Court Judges
Legend: SC=Court of last resort; IA=Intermediate appellate court; N/S=Not stated; ~=Not applicable
Appellate judges
Method of selection
Unexpired term
Full term
Maine
SC Supreme Judicial Court
Maryland
SC Court of Appeals
IA
Court of Special Appeals
Chief justice/judge
Method of
retention
Geographic basis
for selection
Method of
appointment
Term (years)
GL
GL
GL
SW
GU
7
GNL
GNL
GNL
GNL
RE
RE
DS
DS
GU
GU
ID
ID
10
SW
SW
GE
11
GE
To age 70
To age 70
Massachusetts
SC Supreme Judicial Court
IA
Appeals Court
~
8
~
GNE
9
GNE
Michigan
SC Supreme Court
IA
Court of Appeals
GU
GU
NP
12
NP
NP
12
NP
SW
DS
CS
SC
2
2
Minnesota
SC Supreme Court
IA
Court of Appeals
GU
GU
NP
NP
NP
NP
SW
SW
GU
GU
6
3
Mississippi
SC Supreme Court
IA
Court of Appeals
GU
GU
NP
NP
NP
NP
DS
DS
SN
SCJ
DU
4
Missouri
SC Supreme Court
IA
Court of Appeals
GN
GN
GN
GN
RE
RE
SW
DS
CS
CS
2
213
Montana
SC Supreme Court
GNL
NP
SW
NP
8
Nebraska
SC Supreme Court
IA
Court of Appeals
GN
GN
GN
GN
RE
RE
GN
16
CS
DU
2
Nevada
SC Supreme Court
GN
NP
NP
SW
Rotation
New Hampshire
SC Supreme Court
GE
GE
~
18
SW
SN
5
New Jersey
SC Supreme Court
IA
Superior Court, Appellate Div.
GL
GL
GL
19
GL
GL
19
GL
SW
SW
GL
SCJ
DU
AP
New Mexico
SC Supreme Court
IA
Court of Appeals
GN
GN
PE
PE
RE
RE
SW
SW
CS
CS
2
2
New York
SC Court of Appeals
IA
Supreme Ct., Appellate Div.
GNL
GN
GNL
GN
GNL
GN
SW
20
SW
GN
GN
14
DU
North Carolina
SC Supreme Court
IA
Court of Appeals
GU
GU
NP
NP
NP
NP
SW
SW
NP
SCJ
8
AP
NP
NP
SW
CS
North Dakota
SC Supreme Court
8
21
GN
9
12
~
10
~
12
NP
14
SW and DS
DS
11
15
22
2
5
17
23
Ohio
SC Supreme Court
IA
Courts of Appeals
GU
GU
PE
24
PE
PE
24
PE
SW
DS
PE
25
CS
6
Calendar year
Oklahoma
SC Supreme Court
SC Court of Criminal Appeals
Court of Civil Appeals
IA
GN
GN
GN
GN
GN
GN
RE
RE
RE
DS
DS
DS
CS
CS
CS
DU
5
5
Oregon
SC Supreme Court
IA
Court of Appeals
GU
GU
NP
NP
NP
NP
SW
SW
CS
SCJ
6
2
26
State Court Organization, 2004
24
24
24
Table 4. Selection of Appellate Court Judges
Legend: SC=Court of last resort; IA=Intermediate appellate court; N/S=Not stated; ~=Not applicable
Appellate judges
Method of selection
Unexpired term
Full term
Chief justice/judge
Method of
retention
Geographic basis
for selection
Method of
appointment
Term (years)
Pennsylvania
SC Supreme Court
Superior Court
IA
Commonwealth Court
IA
GL
GL
GL
PE
PE
PE
RE
RE
RE
SW
SW
SW
SN
CS
CS
DU
5
5
Puerto Rico
SC Supreme Court
IA
Court of Appeals
GL
GL
GL
GL
~
GL
26
SW
SW
GL
SCJ
To age 70
At pleasure
Rhode Island
SC Supreme Court
GN
GN
~
27
SW
GN
Life
South Carolina
SC Supreme Court
IA
Court of Appeals
LA
LA
LA
LA
LA
LA
SW
SW
LA
LA
10
6
South Dakota
SC Supreme Court
GN
GN
RE
CS
4
Tennessee
SC Supreme Court
Court of Appeals
IA
Court of Criminal Appeals
IA
GN
GN
GN
GN
GN
GN
RE
RE
RE
SW
SW
SW
CS
CS
CS
4
1 term
1 term
Texas
SC Supreme Court
SC Court of Criminal Appeals
Courts of Appeals
IA
GU
GU
GU
PE
PE
PE
PE
PE
PE
SW
SW
DS
PE
PE
PE
6
6
6
Utah
SC Supreme Court
IA
Court of Appeals
GNL
GNL
GNL
GNL
RE
RE
SW
SW
CS
CS
4
2
Vermont
SC Supreme Court
GNL
GNL
LA
SW
GNL
6
Virginia
SC Supreme Court
IA
Court of Appeals
GU
29
GU
LA
LA
LA
LA
SW
SW
CS
CS
4
4
Washington
SC Supreme Court
IA
Courts of Appeals
GU
GU
NP
NP
NP
NP
SW
DS
CS
30
CS
4
31
2
PE
PE
SW
SN
1
West Virginia
SC Supreme Court of Appeals
29
32
GU
DS and SW
28
Wisconsin
SC Supreme Court
IA
Court of Appeals
GN
GN
NP
NP
NP
NP
SW
DS
SN
SC
Until declined
3
Wyoming
SC Supreme Court
GN
GN
RE
SW
CS
4
ABBREVIATIONS:
AP = At pleasure
CS = Court selection
DS = District
DU = Duration of service
GE = Gubernatorial appointment with approval of elected executive
council
GL = Gubernatorial appointment with consent of the legislature
GN = Gubernatorial appointment from judicial nominating commission
GNE = Gubernatorial appointment from judicial nominating commission
with approval of elected executive council
GNL = Gubernatorial appointment from judicial nominating commission
with consent of the legislature
GU = Gubernatorial appointment
ID = Indefinite
JN = Judicial nominating commission appoints
LA = Legislative appointment
NP = Non-partisan election
PE = Partisan election
RE = Retention election
SC = Court of last resort appoints
SCJ = Chief justice/judge of the court of last resort appoints
SN = Seniority
SW = Statewide
Judicial selection and service
27
Table 4. Selection of Appellate Court Judges
FOOTNOTES:
Alaska:
1
A judge must run for a retention election at the next election, immediately
following the third year from the time of initial appointment.
District of Columbia:
2
Initial appointment is made by the President of the United States and confirmed
by the Senate. Six months prior to the expiration of the term of office, the judge’s
performance is reviewed by the tenure commission. Those found “well qualified”
are automatically reappointed. If a judge is found to be “qualified” the President
may nominate the judge for an additional term (subject to Senate confirmation).
If the President does not wish to reappoint the judge, the District of Columbia
Nomination Commission compiles a new list of candidates.
3
The geographic basis of selection is the District of Columbia.
Florida:
4
Five justices are selected by region (based on the District Courts of Appeal) and
two justices are selected statewide.
Iowa:
5
The Chief Justice serves either eight years or the duration of his/her term.
Louisiana:
6
The person selected by the Supreme Court is prohibited from running for that
judgeship; an election is held within one year to serve the remainder of the term.
7
Louisiana uses a blanket primary, in which all candidates appear with party
labels on the primary ballot. The two top vote getters compete in the general
election.
Massachusetts:
8
There are no expired judicial terms. A judicial term expires upon the death,
resignation, retirement, or removal of an incumbent.
9
The Executive (Governor’s) Council is made up of nine people elected by
geographical area and presided over by the Lieutenant Governor.
10
There is no retention process. Judges serve during good behavior to age 70.
11
Chief Justice, in the appellate courts, is a separate judicial office from that of
an Associate Judge. Chief Justices are appointed, until age 70, by the Governor
with the advice and consent of the Executive (Governor’s) Council.
Michigan:
12
Candidates may be nominated by political parties and are elected on a
nonpartisan ballot.
Missouri:
13
Terms are two years in length in the Western and Southern districts; one year
in length in the Eastern district.
16
The Chief Justice/Judge is selected by a majority vote of the Court of Appeals
with ratification of the selection by the Supreme Court.
Nevada:
17
The term may be split between eligible justices.
New Hampshire:
18
There is no retention process. Judges serve during good behavior to age 70.
New Jersey:
19
All Superior Court judges, including Appellate Division judges, are subject to
gubernatorial reappointment and consent by the Senate after an initial sevenyear term. Among all the judges, the Chief Justice designates the judges of the
Appellate Division.
New York:
20
The Presiding Judge of each Appellate Division must be a resident of the
department.
North Dakota:
21
The Governor may appoint from a list of names or call a special election at his
discretion.
22
Selection is done by the judges of both the Supreme and District courts.
23
The term of the Chief Justice is five years or until the judge’s term expires,
whichever occurs first.
Ohio:
24
Party affiliation is not included on the ballot in the general election, but
candidates are chosen through partisan primary nominations.
25
Selection is done by the judges of each district.
Puerto Rico:
26
There is no retention process. Judges serve during good behavior to age 70.
Rhode Island:
27
There is no retention process. Judges serve during good behavior for a life
tenure.
South Dakota:
28
Initial selection is by district, but retention selection is statewide.
Virginia:
29
Gubernatorial appointment is for interim appointments.
Montana:
14
If the justice/judge is unopposed, a retention election is held.
Washington:
30
The Chief Judge is chosen by the Division judges. The Presiding Chief Judge
is chosen by court selection, but the position rotates among the three divisions.
31
The term of the Presiding Chief Judge is one year.
Nebraska:
15
Chief Justices are selected statewide while Associate Justices are selected by
district.
West Virginia:
32
Appointment is effective only until the next election year; the appointee may
run for election to any remaining portion of the unexpired term.
28
State Court Organization, 2004
Table 5. Qualifications to Serve as an Appellate Court Judge
Legend: SC=Court of last resort; IA=Intermediate appellate court; ]=Yes (length of residency not specified)
Note: Blank spaces indicate that the statute does not specify qualifications.
Residency requirement
Local
State
Age
Minimum Maximum Legal credentials
Alabama
SC Supreme Court
Court of Civil Appeals
IA
Court of Criminal Appeals
IA
1 year
1 year
1 year
70
70
70
Licensed attorney
Licensed attorney
Licensed attorney
Alaska
SC Supreme Court
IA
Court of Appeals
5 years
5 years
70
70
8 years practice
8 years practice
70
70
10 years state bar
5 years state bar
1
Arizona
SC Supreme Court
IA
Court of Appeals
]
10 years
5 years
30
Arkansas
SC Supreme Court
IA
Court of Appeals
]
2 years
2 years
30
30
8 years licensed in state
8 years licensed in state
California
SC Supreme Court
IA
Courts of Appeal
10 years state bar
10 years state bar
Colorado
SC Supreme Court
IA
Court of Appeals
]
]
72
72
5 years state bar
5 years state bar
Connecticut
SC Supreme Court
IA
Appellate Court
]
]
70
70
Licensed attorney
Licensed attorney
Delaware
SC Supreme Court
]
District of Columbia
SC Court of Appeals
Florida
SC Supreme Court
IA
District Courts of Appeal
“Learned in law”
]
74
5 years state bar
2
]
2
]
70
70
10 years state bar
10 years state bar
90 days
]
]
3
Georgia
SC Supreme Court
IA
Court of Appeals
]
]
4
Hawaii
SC Supreme Court
IA
Intermediate Court of Appeals
]
]
70
70
Idaho
SC Supreme Court
IA
Court of Appeals
Illinois
SC Supreme Court
IA
Appellate Court
Indiana
SC Supreme Court
Court of Appeals
IA
Tax Court
IA
2 years
2 years
7 years state bar
7 years state bar
4
10 years state bar
10 years state bar
10 years state bar
10 years state bar
30
30
]
]
]
]
75
75
Licensed attorney
Licensed attorney
]
]
]
75
75
10 years state bar
5
10 years state bar
5 years state bar
72
72
Licensed attorney
Licensed attorney
706
75
10 years active and continuous practice
7
10 years active and continuous practice
2 years
Iowa
SC Supreme Court
IA
Court of Appeals
]
]
Kansas
SC Supreme Court
IA
Court of Appeals
30
30
Kentucky
SC Supreme Court
IA
Court of Appeals
2 years
2 years
2 years
2 years
Louisiana
SC Supreme Court
IA
Courts of Appeal
2 years
2 years
2 years
2 years
5
7
8 years state bar/licensed attorney
8 years state bar/licensed attorney
8
70
8
70
5 years state bar
5 years state bar
Judicial selection and service
29
Table 5. Qualifications to Serve as an Appellate Court Judge
Legend: SC=Court of last resort; IA=Intermediate appellate court; ]=Yes (length of residency not specified)
Note: Blank spaces indicate that the statute does not specify qualifications.
Residency requirement
Local
State
Age
Minimum Maximum Legal credentials
Maine
SC Supreme Judicial Court
Maryland
SC Court of Appeals
IA
Court of Special Appeals
“Learned in law”
6 months
6 months
5 years
5 years
30
30
Massachusetts
SC Supreme Judicial Court
IA
Appeals Court
]
Minnesota
SC Supreme Court
IA
Court of Appeals
Varies
Missouri
SC Supreme Court
IA
Court of Appeals
9
11
]
11
]
10
]
]
75
10
75
70
70
5 years
5 years
12
]
Montana
SC Supreme Court
Nebraska
SC Supreme Court
IA
Court of Appeals
9 years
12
9 years
30
30
]
]
3 years
70
70
30
30
5 years practice
5 years practice
2 years
25
State bar member
13
New Jersey
SC Supreme Court
IA
Superior Court, Appellate Div.
70
70
14
3 years
3 years
35
35
]
]
18
North Carolina
SC Supreme Court
IA
Court of Appeals
North Dakota
SC Supreme Court
Ohio
SC Supreme Court
IA
Courts of Appeals
Oklahoma
SC Supreme Court
SC Court of Criminal Appeals
Court of Civil Appeals
IA
Oregon
SC Supreme Court
IA
Court of Appeals
30
State Court Organization, 2004
16
1 year
1 year
70
15
70
10 years state bar
10 years state bar
72
72
State bar member
State bar member
]
17
License to practice law
]
]
]
]
]
3 years
Minimum 10 years practice in state
Minimum 10 years practice in state
10 years practice and/or current state judge
10 years practice and/or current state judge
]
]
State bar member
State bar member
]
70
]
Licensed attorney
Licensed attorney
5 years state bar
New Hampshire
SC Supreme Court
New Mexico
SC Supreme Court
IA
Court of Appeals
State bar member; at least 5 years practice
State bar member
5 years state bar
5 years state bar
30
30
2 years
Nevada
SC Supreme Court
New York
SC Court of Appeals
IA
Supreme Ct., Appellate Div.
State bar member
State bar member
70
70
Michigan
SC Supreme Court
IA
Court of Appeals
Mississippi
SC Supreme Court
IA
Court of Appeals
70
70
70
70
6 years practice
6 years practice
5 years state bar
5 years state bar
30
30
18
75
75
State bar member
State bar member
Table 5. Qualifications to Serve as an Appellate Court Judge
Legend: SC=Court of last resort; IA=Intermediate appellate court; ]=Yes (length of residency not specified)
Note: Blank spaces indicate that the statute does not specify qualifications.
Residency requirement
Local
State
Age
Minimum Maximum Legal credentials
Pennsylvania
SC Supreme Court
Superior Court
IA
Commonwealth Court
IA
1 year
1 year
1 year
70
70
70
State bar member
State bar member
State bar member
Puerto Rico
SC Supreme Court
IA
Court of Appeals
5 years
5 years
70
70
10 years state bar
10 years state bar
Rhode Island
SC Supreme Court
21
South Carolina
SC Supreme Court
IA
Court of Appeals
South Dakota
SC Supreme Court
Tennessee
SC Supreme Court
Court of Appeals
IA
Court of Criminal Appeals
IA
Texas
SC Supreme Court
SC Court of Criminal Appeals
Courts of Appeals
IA
5 years
5 years
]
19
]
20
]
20
]
]
70
State bar member
Qualified to practice law
Qualified to practice law
Qualified to practice law
]
]
]
35
35
35
74
74
74
21
5 years
3 years
30
25
75
75
Admitted to practice law
Admitted to practice law
90
5 years state bar
Virginia
SC Supreme Court
IA
Court of Appeals
22
1 year
1 year
1 year
1 year
West Virginia
SC Supreme Court of Appeals
Wisconsin
SC Supreme Court
IA
Court of Appeals
8 years state bar
8 years state bar
35
30
30
Vermont
SC Supreme Court
Washington
SC Supreme Court
IA
Courts of Appeals
72
72
5 years
5 years
5 years
]
Utah
SC Supreme Court
IA
Court of Appeals
32
32
License to practice law
5 years
10 days
10 days
Wyoming
SC Supreme Court
21
70
23
70
5 years state bar
5 years state bar
75
75
State bar member
5 years state bar
30
10 years state bar
5 years state bar
5 years state bar
10 days
10 days
3 years
21
30
70
9 years state bar
FOOTNOTES:
Alabama:
1
The age prohibition of §6.16 is not a qualification for office; it only deals with
retirement.
Florida:
2
The candidate must be a resident of the district at the time of original
appointment.
3
The candidate must reside within the territorial jurisdiction of the court.
7
Relevant legal experience, such as being a member of a law faculty or sitting as
a judge, may qualify under the 10-year requirement.
Louisiana:
8
Seventy-five is the maximum age for judges who began serving under the old
constitution. Judges who attain the age of 70 while serving a term of office are
allowed to complete that term.
Georgia:
4
There is a maximum retirement age in order to be eligible for certain benefits.
Michigan:
9
A judge must reside within the district.
10
A judge may serve to age 75. He/she may not begin a term beyond age 70.
Indiana:
5
Five years of service as a general jurisdiction judge may be substituted.
Mississippi:
11
A judge must reside within the district.
Kansas:
6
A judge may complete the term in which age 70 is attained.
Missouri:
12
A judge must be a state voter for nine years.
Judicial selection and service
31
Table 5. Qualifications to Serve as an Appellate Court Judge
Nevada:
13
Effective October 1, 2005 the required legal credentials changed to a minimum
of two years state bar member and at least 15 years of legal practice.
New York:
14
The local residency requirement applies to the Presiding Judge.
15
A judge may serve up to age 76 if certified for continuing service.
Ohio:
16
A judge must reside within the district.
Oklahoma:
17
A judge must be a qualified elector in the district.
18
Appellate judges must be a member of the state bar and have at least four
years experience as a practicing attorney or as a judge of a court of record.
32
State Court Organization, 2004
Tennessee:
One justice is selected from each of three divisions and two seats at large; no
more than two may be from any grand division.
20
A justice must reside in the grand division served.
19
Texas:
21
A judge must have spent ten years practicing law or served as a lawyer and
judge of a court of record for at least 10 years.
Virginia:
22
This applies only to those justices elected or appointed to an original or
subsequent term commencing after July 1, 1993.
23
This applies unless “grandfathered.”
Table 6. Selection of Trial Court Judges
Legend: GJ=General jurisdiction court; LJ=Limited jurisdiction court; N/S=Not stated; ~=Not applicable
Trial judges
Method of selection
Unexpired term
Full term
Presiding judge
Method of
retention
Geographic basis
for selection
Method of
selection
Term (years)
CS2
3
PCJ
MA
~
3
1
AP
~
Alabama
GJ Circuit
LJ District
LJ Municipal
LJ Probate
GU
1
GU
MU
GU
1
PE
PE
MU
PE
PE
PE
RA
PE
Circuit
County
Municipality
County
Alaska
GJ Superior
LG District
~ Magistrate’s Division
GN
GN
PJ
GN
GN
PJ
RE4
6
RE
PJ
State
District
District
SCJ
~
~
1
~
~
Arizona
GJ Superior
LJ Justice of the Peace
LJ Municipal
GN or VA
CO
10
CC
County
Precinct
Municipality
SC
9
CS
CS
5
2
LD
Circuit
District
City
CS
~
~
2
~
~
County
CS
Arkansas
GJ Circuit
LJ District
LJ City
7
11
GN or NP
PE
10
CC
8
NP or RE
PE
10
CC
5
8
GU
GU
LD
NP
NP
LD
California
GJ Superior
GU
NP
Colorado
GJ District
GJ Denver Probate
GJ Denver Juvenile
GJ Water
LJ County
LJ Municipal
GN
GN
GN
14
SC
GN
MU
GN
GN
GN
14
SC
15
GN
MU
RE
RE
RE
RE
RE
RA
District
District
District
District
County
Municipality
SCJ
SCJ
SCJ
SCJ
16
CS
~
AP
AP
AP
AP
AP
~
Connecticut
GJ Superior
LJ Probate
GNL
PE
GNL
PE
GNL
PE
State
District
CA
~
AP
~
GNL
GNL
17
GNL
GNL
GNL
LD
GNL
GNL
17
GNL
GNL
GNL
CC
GNL
GNL
GU
GNL
GNL
LD
State
State
County
County
County
Town
GU
GU
GU
GU
GU
~
12
12
4
12
12
~
18
18
18
State
19
SCJ
4
Florida
GJ Circuit
LJ County
GN
GN
NP
NP
NP
NP
Circuit
County
CS20
~
2
~
Georgia
GJ Superior
LJ Juvenile
LJ Civil
LJ State
LJ Probate
LJ Magistrate
LJ Municipal/of Columbus
LJ County Recorder’s
LJ Municipal/City of Atlanta
GN
CS21
GU
GU
GU
LD
MA
LD
MU
NP
21
CS
PE
NP
23
PE
24
LD
Elected
LD
MU
NP
21
CS
PE
NP
23
PE
24
LD
Elected
LD
LD
Circuit
County/Circuit
County
County
County
County
Municipality
County
Municipality
CS
22
SN
SN
SN
~
Elected
~
SN
~
LD
LD
LD
LD
~
4
~
LD
~
Hawaii
GJ Circuit
LJ District
GNL
25
SCJ
GNL
25
SCJ
JN
JN
State
Circuit
SCJ
SCJ
AP
AP
GN
27
JN
NP
27
JN
NP
RE
District
County
CS
~
Delaware
GJ Superior
LJ Chancery
LJ Justice of the Peace
LJ Family
LJ Common Pleas
LJ Alderman’s
District of Columbia
GJ Superior
Idaho
GJ District
LJ Magistrate’s Division
NP
NP
LD
NP
12
26
1
13
26
3
~
Judicial selection and service
33
Table 6. Selection of Trial Court Judges
Legend: GJ=General jurisdiction court; LJ=Limited jurisdiction court; N/S=Not stated; ~=Not applicable
Trial judges
Method of selection
Unexpired term
Full term
Presiding judge
Method of
selection
Term (years)
Circuit/County
28
Circuit/County
CS
~
VA
~
29
County
County
County
County
Municipality
Municipality
Township
VA
VA
~
VA
VA
~
VA
VA
VA
~
VA
VA
~
VA
31
District
SCJ
District
City
SC
MU
2
AP
Method of
retention
Geographic basis
for selection
Illinois
GJ Circuit
~ Associate Division
SC
SC
PE
PE
RE
RE
Indiana
GJ Superior
GJ Circuit
GJ Probate
LJ County
LJ City
LJ Town
LJ Small Claims/Marion County
GU
GU
GU
GU
GU
GU
GU
PE29
30
PE
PE
PE
PE
PE
PE
PE
30
PE
PE
PE
PE
PE
PE
Iowa
GJ District
Kansas
GJ District
LJ Municipal
31
31
GN
GN
33
GN and PE
MU
Kentucky
GJ Circuit
LJ District
GN
GN
Louisiana
GJ District
GJ Juvenile & Family
LJ Justice of the Peace
LJ Mayor’s
LJ City & Parish
RE
33
GN and PE
MU
RE and PE
MU
28
33
32
2
NP
NP
NP
NP
Circuit
District
CS34
34
CS
8
4
SC
35
SC
35
SC
MA
35
SC
PE
PE
36
PE
LD
PE
PE
PE
PE
LD
PE
District
District
Ward
City
Ward
VA
VA
~
~
VA
VA
VA
~
~
VA
Maine
GJ Superior
GJ District
LJ Probate
GL
GL
GU
GL
GL
PE
GL
GL
PE
State
State and District37
County
SCJ
SCJ
~
AP
AP
~
Maryland
GJ Circuit
LJ District
LJ Orphan’s
GNL
GNL
GU
GNL
GNL
40
PE
NP
RA
40
PE
County
District
County
SN
39
SCJ
LD
38
AP
AP
LD
44
35
Massachusetts
GJ Superior
LJ District
LJ Probate & Family
LJ Juvenile
LJ Housing
LJ Boston Municipal
LJ Land
~
41
~
41
~
41
~
41
~
41
~
41
~
GNE
42
GNE
42
GNE
42
GNE
42
GNE
42
GNE
42
GNE
~
43
~
43
~
43
~
43
~
43
~
43
~
State
State
State
State
State
State
State
SC
44
SC
44
SC
44
SC
44
SC
44
SC
44
SC
5
5
5
5
5
5
5
Michigan
GJ Circuit
GJ Claims
LJ District
LJ Probate
LJ Municipal
GU
GU
GU
GU
LD
NP
NP
NP
NP
NP
NP
NP
NP
NP
NP
Circuit
Circuit
District
District and Circuit
City
SC
SC
SC
SC
SC
2
2
2
2
2
Minnesota
GJ District
GN
NP
NP
District
CS
2
Mississippi
GJ Circuit
LJ Chancery
LJ County
LJ Municipal
LJ Justice
GU
GU
GU
LD
LD
NP
NP
NP
LD
PE
NP
NP
NP
LD
PE
District
District
County
Municipality
District in County
SN
SN
~
~
~
DU
DU
~
~
~
34
State Court Organization, 2004
41
42
43
Table 6. Selection of Trial Court Judges
Legend: GJ=General jurisdiction court; LJ=Limited jurisdiction court; N/S=Not stated; ~=Not applicable
Trial judges
Method of selection
Unexpired term
Full term
Missouri
GJ Circuit
LJ Municipal
45
GU and GN
LD
PE and GN
LD
Presiding judge
Method of
retention
46
PE and RE
LD
47
Geographic basis
for selection
48
Circuit/County
City
Method of
selection
Term (years)
CS
~
2
~
Montana
GJ District
GJ Workers’ Compensation
GJ Water
LJ Justice of the Peace
LJ Municipal
LJ City
GN
GN
49
SCJ
CO
MU
CC
NP
GN
49
SCJ
NP
NP
NP
NP
RA
50
SCJ
NP
NP
NP
District
State
State
County
City
City
VA
~
49
SCJ
~
~
~
VA
~
4
~
~
~
Nebraska
GJ District
LJ Separate Juvenile
LJ County
LJ Workers’ Compensation
GN
GN
GN
GN
GN
GN
GN
GN
RE
RE
RE
RE
District
District
District
District
CS
CS
CS
CS
1
1
1
1
Nevada
GJ District
LJ Justice
LJ Municipal
GN
CO
CC
NP
NP
NP
NP
NP
NP
District
Township
City
VA
CS
VA
VA
1
VA
New Hampshire
GJ Superior
LJ District
LJ Probate
GE
GE
GE
GE
GE
GE
~
51
~
51
~
State
District
County
SCJ
GE
~
To age 70
To age 70
~
GL
GL
52
MA or MU
GL
GL
52
MA or MU
GL
GL
MU
County
State
Municipality
SCJ
SCJ
MU
AP
AP
3
GN
GU
GN
MU
CO
PE
PE
PE
PE
PE
RE
PE
RE
PE
PE
District
County
County
City
County
CS
CA
CS
~
~
3
VA
3
~
~
GL
GL
GNL
GNL
GNL and MU54
PE
PE
GU
PE
54
PE and MU
PE
LD
PE
MA
LD
District
County
State
County
County and NYC
District
City
City
City
Town or Village
53
Elected
56
MA
MA
LD
PE
PE
GNL
PE
54
PE and MU
PE
Elected
PE
MA
LD
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
North Carolina
GJ Superior
LJ District
GU
GU
NP
NP
NP
NP
District
District
SN
SCJ
8
AP
North Dakota
GJ District
LJ Municipal
GN
MA
NP
NP
NP
NP
District
City
CS
~
3
~
GU
GU
GU
SCJ
Elected
PE
57
PE
57
PE
SCJ
PE
County
County/City
County
~
City/Village
CS
CS
~
~
~
1
1
~
~
~
New Jersey
GJ Superior
LJ Tax
LJ Municipal
New Mexico
GJ District
LJ Magistrate
LJ Metropolitan/Bernalillo County
LJ Municipal
LJ Probate
New York
GJ Supreme
GJ County
GJ Claims
LJ Surrogates’
LJ Family
LJ District
LJ City
LJ NYC Civil
LJ NYC Criminal
LJ Town & Village Justice
Ohio
GJ Common Pleas
LJ Municipal
LJ County
LJ Claims
LJ Mayor’s
55
57
51
57
PE
57
PE
57
PE
SCJ
PE
53
53
53
53
53
53
53
53
53
Judicial selection and service
35
Table 6. Selection of Trial Court Judges
Legend: GJ=General jurisdiction court; LJ=Limited jurisdiction court; N/S=Not stated; ~=Not applicable
Trial judges
Method of selection
Unexpired term
Full term
Oklahoma
GJ District
LJ Municipal Not of Record
LJ Municipal of Record
LJ Workers’ Compensation
LJ Tax Review
58
Presiding judge
Method of
retention
58
58
Geographic basis
for selection
Method of
selection
Term (years)
GN
MM
MU
GN
SCJ
NP
MM
MU
GN
SCJ
NP
MM
MU
GN
SCJ
District
Municipality
Municipality
State
District
CS
~
MU
GU
~
VA
~
VA
2
~
Oregon
GJ Circuit
GJ Tax
LJ County
LJ Justice
LJ Municipal
GU
GU
CO
GU
CC
NP
NP
NP
NP
CC/Elected
NP
NP
NP
NP
CC/Elected
District
State
County
County
SCJ
59
NP
~
~
~
2
DU
~
~
~
Pennsylvania
GJ Common Pleas
LJ Philadelphia Municipal
LJ Magisterial District Judges
LJ Philadelphia Traffic
GL
GL
GL
GL
PE
PE
PE
PE
RE
RE
PE
RE
District
City/County
District
City/County
SN61
CS
62
~
GU
5
5
~
5 or AP
Puerto Rico
GJ First Instance
GL
GL
GL
State
~
~
Rhode Island
GJ Superior
LJ Workers’ Compensation
LJ District
LJ Family
LJ Probate
LJ Municipal
LJ Traffic Tribunal
GN
GN
GN
GN
CC
CC
GN
GN
GN
GN
GN
CC or MA
CC or MA
GN
~63
63
~
63
~
63
~
RA
CC or MA
63
~
State
State
State
State
Town
Town
State
GU
~
GU
GU
~
~
~
Life
~
Life
Life
~
~
~
SCJ
SCJ
SCJ
~
~
6 months
6 months
6 months
~
~
South Carolina
GJ Circuit
LJ Family
LJ Magistrate
LJ Probate
LJ Municipal
South Dakota
GJ Circuit
LJ Magistrate
64
LA and GN
LA
GL
GU
CC
65
65
LA and GN
LA
GL
PE
CC
GN
PJS
NP
PJS
GU
GU
GU
LA and GL
LA
GL
PE
CC
65
60
Circuit and State
Circuit
County
County
District
65
SCJ
~
66
NP
PJS
Circuit
Circuit
PE
PE
PE
PE
PE
LD
PE
District
District
District
District
County
Municipality
County
CS
CS
CS
~
~
~
LD
1
1
1
~
~
~
LD
AP
~
Tennessee
GJ Circuit
GJ Chancery
GJ Criminal
GJ Probate
LJ Juvenile
LJ Municipal
LJ General Sessions
LD
MU
PE
67
PE
67
PE
67
PE
67
PE
LD
67
PE
Texas
GJ District
LJ Constitutional County
LJ Probate
LJ County at Law
LJ Justice of the Peace
LJ Municipal
GL
CO
CO
CO
CO
CC
PE
PE
PE
PE
PE
LD
PE
PE
PE
PE
PE
LD
District
County
County
County
Precinct
Municipality
VA
~
~
VA
~
VA
2
~
~
2
~
VA
69
GNL
70
MM
GNL
RE
71
RE and RA
RE
District
County/Municipality
District
CS
~
CS
2
~
2
Utah
GJ District
LJ Justice
LJ Juvenile
36
State Court Organization, 2004
68
68
MM
69
70
67
Table 6. Selection of Trial Court Judges
Legend: GJ=General jurisdiction court; LJ=Limited jurisdiction court; N/S=Not stated; ~=Not applicable
Trial judges
Method of selection
Unexpired term
Full term
Vermont
GJ Superior
GJ District
GJ Family
LJ Probate
LJ Environmental
LJ Judicial Bureau
Presiding judge
Method of
retention
Geographic basis
for selection
Method of
selection
GNL
GNL
GNL
GNL
LA
LA
State
State
73
72
GU
GNL
PJ
PE
GNL
PJ
PE
LA
AP
District
State
State
~
Virginia
GJ Circuit
LJ District
GU
74
CS
LA
LA
LA
LA
Washington
GJ Superior
LJ District
LJ Municipal
GU
CO
CC
NP
NP
MA/CC
West Virginia
GJ Circuit
LJ Magistrate
LJ Municipal
LJ Family
GU
PJ
LD
GU
Wisconsin
GJ Circuit
LJ Municipal
Wyoming
GJ District
LJ Circuit
LJ Municipal
73
73
73
SC
72
72
Term (years)
4
72
72
72
~
72
72
72
72
Circuit
District
CS
CS
2
2
NP
NP
75
MA/CC
County
District
Municipality
VA
CS
CS
VA
VA
1
PE
PE
LD
PE
PE
PE
LD
PE
Circuit
County
Municipality
Circuit
CS
PJ
~
~
AP
AP
~
~
GU
77
MU
NP
NP
NP
NP
District
Municipality
SC
78
LD
2
LD
GN
GN
MA
GN
GN
MA
RE
RE
LD
District
Circuit
Municipality
~
~
~
~
~
~
ABBREVIATIONS:
AP = At pleasure
CA = Court administrator appointment
CC = City or town council/commission appointment
CO = County board/commission appointment
CS = Court selection
DU = Duration of service
GE = Gubernatorial appointment with approval of elected executive
council
GL = Gubernatorial appointment with consent of the legislature
GN = Gubernatorial appointment from judicial nominating commission
GNE = Gubernatorial appointment from judicial nominating commission
with approval of elected executive council
GNL = Gubernatorial appointment from judicial nominating commission
with consent of the legislature
GU = Gubernatorial appointment
JN = Judicial nominating commission appoints
LA = Legislative appointment
76
LD = Locally determined
MA = Mayoral appointment
MC = Mayoral appointment with consent of city council
MM = Mayoral appointment with consent of governing municipal body
MU = Governing municipal body appointment
NP = Non-partisan election
PE = Partisan election
PJ = Presiding judge of the general jurisdiction court appoints
PJS = Presiding judge of the general jurisdiction court appoints with
approval of the court of last resort
RA = Reappointment
RE = Retention election
SC = Court of last resort appoints
SCJ = Chief justice/judge of the court of last resort appoints
SN = Seniority
VA = Varies
FOOTNOTES:
Alabama:
1
The counties of Baldwin, Jefferson, Madison, Mobile, and Tuscaloosa use
gubernatorial appointment from the recommendations of the Judicial Nominating
Commission.
2
If a court cannot agree, the Supreme Court decides.
3
The Presiding Circuit Judge appoints with the advice and consent of the
majority of the Circuit Court judges.
Alaska:
4
A judge must run for retention at the next election immediately following the
third year from the time of the initial appointment.
5
Judges are selected on a statewide basis, but run for retention on a district-wide
basis.
6
Judges must run for retention at the first general election held more than one
year after appointment.
Arizona:
7
Maricopa and Pima counties use the gubernatorial appointment from the
Judicial Nominating Commission process. The method for submitting names for
the other 13 counties varies.
8
Maricopa and Pima counties use the gubernatorial appointment from the
Judicial Nominating Commission process. The other 13 counties hold nonpartisan elections.
9
There is one justice of the peace per precinct. In Maricopa County the
presiding judge of the Superior Court presides over and administers the Justice
Court. In the remaining counties having four or more justices of the peace, a
presiding justice of the peace is chosen by a vote of the justices of the peace in
Judicial selection and service
37
Table 6. Selection of Trial Court Judges
that county, with the advice and consent of the presiding judge of the Superior
Court of that county.
10
Municipal court judges are usually appointed by the city or town council except
in Yuma, where judges are elected.
Kansas:
Seventeen districts use gubernatorial appointment from the Judicial
Nominating Commission for selection and retention elections for retention.
Fourteen districts use partisan elections for selection and retention.
Arkansas:
11
The office can be held until December 31 following the next general election
and then the judge must run in a non-partisan election for the remainder of the
term.
Kentucky:
34
In addition, there are 16 chief regional judges (eight circuit, eight district)
selected by the Chief Justice of the Supreme Court for regional administration of
cases.
California:
12
If unopposed for reelection, incumbent’s name does not appear on the ballot
unless a petition was filed not less than 83 days before the election date
indicating that a write-in campaign will be conducted for the office. An
unopposed incumbent is not declared elected until the election date. This is for
the general election; different timing may apply for the primary election (see Elec.
Code §8203).
13
The term is not less than one year.
Louisiana:
35
Depending on the amount of time remaining, selection may be by election
following a Supreme Court appointment.
36
Louisiana uses a blanket primary in which all candidates appear with party
labels on the primary ballot. The top two vote getters compete in the general
election.
Colorado:
14
Judges are chosen by the Supreme Court from among District Court judges.
15
The mayor appoints Denver County Court judges.
16
District Court judges appoint the presiding judge of the County Court.
Delaware:
17
The Magistrate Screening Commission recommends candidates.
District of Columbia:
18
The Judicial Nomination Commission nominates for Presidential appointment
and Senate confirmation. Not less than six months prior to the expiration of the
term of office, the judge’s performance is reviewed by the Commission on
Judicial Disabilities and Tenure. A judge found “well qualified” is automatically
reappointed for a new term of 15 years; a judge found “qualified” may be
renominated by the President (and subject to Senate confirmation). A judge
found “unqualified” is ineligible for reappointment or if the President does not
wish to reappoint a judge, the Nomination Commission compiles a new list of
candidates.
19
The geographic basis for selection is the District of Columbia.
Florida:
20
Circuit and County Court judges select the presiding judge.
Georgia:
21
Juvenile Court judges are appointed by Superior Court judges in all but one
county, in which juvenile judges are elected. Associate judges (formerly
referees) must be a member of the state bar or law school graduates. They
serve at the pleasure of the judge(s).
22
Most Juvenile Courts have only one judge, therefore no presiding judge.
23
Probate judges are selected in non-partisan elections in 66 of 159 counties.
24
Magistrate judges are selected in nonpartisan elections in 41 of 159 counties.
Hawaii:
Selection occurs by means of Chief Justice appointment from the Judicial
Nominating Commission with consent of the Senate.
25
Idaho:
26
The Supreme Court appoints the administrative judge for up to three years if
the District Court judges are unable to elect one.
27
The Magistrate Commission consists of the administrative judge, three mayors
and two electors appointed by the governor, and two attorneys (nominated by the
district bar and appointed by the state bar). There is one commission in each
district.
Illinois:
28
Cook County Circuit Court identifies local units within the county.
Indiana:
29
Non-partisan elections are used in the Superior Courts in Allen and
Vanderburgh counties. Nominating commissions are used in St. Joseph County
and in some courts in Lake County. In those courts that use the nominating
commission process for selection; retention elections are used as the method of
retention.
30
Non-partisan elections are used in the Circuit Courts in Vanderburgh County.
Iowa:
31
This applies to district judges only. Associate judges are selected by the
district judges and retention is by a retention election. Magistrates are selected
and retained by appointment from the County Judicial Magistrate Nominating
Commission. The County Judicial Magistrate Nominating Commission consists of
three members appointed by the county board and two elected by the county bar,
presided over by a District Court judge.
32
The Chief Justice appoints with approval of the Supreme Court.
38
State Court Organization, 2004
33
Maine:
37
At least one judge who is a resident of the county in which the district lies must
be appointed from each of the 13 districts.
Maryland:
38
In addition to the chief judge, there are circuit and county administrative judges.
The administrative judges are appointed by the Chief Judge of the Court of
Appeals. Presiding judges for trial are assigned by the county administrative
judges.
39
Administrative judges are appointed by the Chief Judge of the District Court
with the approval of the Chief Judge of the Court of Appeals.
40
Two exceptions are Hartford and Montgomery counties where Circuit Court
judges are assigned.
Massachusetts:
41
There are no expired judicial terms. A judicial term expires upon the death,
resignation, retirement, or removal of an incumbent.
42
The Executive (Governor’s) Council is made up of eight people elected by
geographical area and presided over by the lieutenant governor.
43
There is no retention process. Judges serve during good behavior to age 70.
44
The administrative head of the trial court is the “Chief Justice for Administration
and Management.” Each department has a Chief Justice appointed by the
“CJAM” to a five-year term.
Missouri:
45
Gubernatorial appointment occurs in 40 partisan circuits; gubernatorial
appointment from Judicial Nominating Commission takes place in five nonpartisan circuits.
46
Partisan elections occur in 40 circuits; gubernatorial appointment from the
Judicial Nominating Commission with a non-partisan election takes place in five
circuits.
47
Partisan elections take place in 40 circuits; retention elections occur in five
metropolitan circuits.
48
Associate circuit judges are selected on a county basis.
Montana:
49
Selection occurs through Chief Justice appointment from Judicial Nominating
Commission.
50
Other judges are designated by the District Court judges.
New Hampshire:
51
There is no retention process. Judges serve during good behavior to age 70.
New Jersey:
52
In multi-municipality, joint, or countywide municipal courts, selection is by
gubernatorial appointment with consent of the Senate.
New York:
53
District administrative judges for the trial courts outside of New York City are
selected by the Chief Administrative Judge in consultation with the Deputy Chief
Administrative Judge for the courts outside of New York City and the presiding
judge of the appropriate appellate division. The method of selection for
administrative judges for the courts within New York City is not stated.
54
Mayoral appointment occurs in New York City.
55
The appointment is made by the County Chief Executive Officer with
confirmation by District Board of Supervisors.
56
Housing judges are appointed by the Chief Administrator of the courts.
Ohio:
57
Party affiliation is not included on the ballot in the general election, but
candidates are chosen through partisan primary nominations.
Oklahoma:
58
This applies to district and associate judges; special judges are selected by the
district judges.
Table 6. Selection of Trial Court Judges
Oregon:
59
There is one Tax Court judge that is elected for a full term or appointed by the
governor for an unexpired term.
60
The geographic basis for selection is the municipality for those judges that are
elected. Judges that are either appointed or are under contract may be from
other cities.
Pennsylvania:
61
The presiding judge is selected by the court if there are eight or more judges.
62
Supervisory authority is retained by the President Judge of the respective
judicial district pursuant to Rule 17 of the Rules Governing Standards of Conduct
of Magisterial District Judges.
Rhode Island:
63
There is no retention process. Judges serve during good behavior for a life
tenure.
South Carolina:
64
The governor may appoint a candidate if the unexpired term is less than one
year.
65
In addition to Circuit Court judges, the Circuit Court has masters-in-equity
whose jurisdiction is in matters referred to them in the Circuit Court. Masters-inequity are selected by gubernatorial appointment from the Judicial Merit
Selection Commission, retained by gubernatorial appointment with the consent of
the Senate, and the geographic basis for selection is the state.
South Dakota:
66
The Circuit Court presiding judge serves the entire court, including the
Magistrate Division.
Tennessee:
Each county legislative body has the discretion to require elections to be nonpartisan.
68
The selection method used to fill an unexpired term is established by a special
legislative act.
67
Utah:
There are no expired terms; each new judge begins a new term.
Appointment is by the local government executive with confirmation by the
local government legislative body (may be either county or municipal
government).
71
County judges are retained by retention election; municipal judges are
reappointed by the city executive.
69
70
Vermont:
72
There is one presiding judge for all trial courts.
73
Superior and District Court judges serve as Family Court judges.
Virginia:
74
Circuit Court judges appoint.
Washington:
75
Full-time municipal judges must stand for non-partisan election.
Wisconsin:
76
The Chief Judge of a district can appoint a presiding judge in each multi-judge
circuit.
77
A permanent vacancy in the office of municipal judge may be filled by
temporary appointment of the municipal governing body or jointly by the
governing bodies of all municipalities served by the judge.
78
There is only one multi-judge Municipal Court.
Judicial selection and service
39
Table 7. Qualifications to Serve as a Trial Court Judge
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; LD=Locally determined; VA=Varies; ]=Yes (length of residency not
specified)
Note: Blank spaces indicate that the statute does not specify qualifications.
Residency (years)
Alabama
Circuit
GJ
District
LJ
Municipal
LJ
Probate
LJ
Local
State
1
1
1
2
1
1
1
1
2
Citizen
Alaska
Superior
GJ
District
LG
Magistrate’s Division
~
Arizona
Superior
GJ
Justice of the Peace
LJ
Municipal
LJ
Arkansas
Circuit
GJ
District
LJ
City
LJ
5
5
6 mos
1
5
]
]
VA
VA
]
]
]
]
]
]
Age
Legal credentials
Minimum Maximum
1
18
2
21
21
30
18
VA
Connecticut
GJ
Superior
LJ
Probate
Delaware
Superior
GJ
Chancery
LJ
Justice of the Peace
LJ
Family
LJ
Common Pleas
LJ
Alderman’s
LJ
District of Columbia
GJ
Superior
Florida
GJ
Circuit
LJ
County
Georgia
Superior
GJ
Juvenile
LJ
Civil
LJ
State
LJ
Probate
LJ
Magistrate
LJ
Municipal/of Columbus
LJ
County Recorder’s
LJ
Municipal/City of Atlanta
LJ
Hawaii
GJ
Circuit
LJ
District
40
State Court Organization, 2004
]
]
]
]
]
]
]
]
]
]
4
]
]
]
18
Other
70
70
70
70
]
70
70
]
]
5 yrs practice
3 yrs practice or 7 yrs as a magistrate
70
70
VA
]
Admitted to practice law in AZ for 5 yrs
]
]
Licensed attorney
Licensed attorney
Licensed attorney
2
VA
VA
]
]
6 yrs licensed in state
4 yrs licensed in state
]
10 yrs state bar
72
72
72
72
72
72
]
]
5 yrs state bar
5 yrs state bar
5 yrs state bar
5 yrs state bar
70
70
]
Member of the bar
California
GJ
Superior
Colorado
District
GJ
Denver Probate
GJ
Denver Juvenile
GJ
Water
GJ
County
LJ
Municipal
LJ
Law degree
]
]
3
]
]
]
]
]
]
]
“Learned in Law”
“Leaned in Law”
]
]
5 yrs state bar
5 yrs state bar
]
]
90 days
7
]
7
]
VA
]
2
1
]
VA
VA
5
]
5
6
]
74
]
5 yrs state bar
]
]
70
70
]
]
5 yrs state bar
5 yrs state bar
8
]
7 yrs state bar
5 yrs state bar
VA
5 yrs state bar
11
7 yrs practice if pop. more than 96,000
11
LD
5 yrs state bar
VA
VA
3
3
VA
3
]
]
]
]
VA
]
]
30
30
VA
25
10
25
25
25
VA
VA
9
]
]
]
VA
VA
70
70
]
]
VA
]
]
10 yrs state bar
5 yrs state bar
Table 7. Qualifications to Serve as a Trial Court Judge
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; LD=Locally determined; VA=Varies; ]=Yes (length of residency not
specified)
Note: Blank spaces indicate that the statute does not specify qualifications.
Residency (years)
Local
Idaho
GJ
District
LJ
Magistrate’s Division
Illinois
GJ
Circuit
Indiana
Superior and Circuit
GJ
Probate
GJ
County
LJ
City and Town
LJ
Small Claims/Marion County
LJ
Iowa
GJ
District
Kansas
GJ
District
LJ
Municipal
Kentucky
GJ
Circuit
LJ
District
Louisiana
District
GJ
Juvenile & Family
GJ
Justice of the Peace
LJ
Mayor’s
LJ
City & Parish
LJ
1
]
]
]
]
1
1
1
]
]
]
]
]
]
]
]
]
]
Minimum Maximum
]
]
]
]
]
13
72
75
15
12
]
]
Admitted to state bar
16
VA
17
18
]
]
5 yrs state bar
5 yrs state bar
]
70
18
70
18
70
2
70
18
]
5 yrs state bar
]
“Learned in the Law”
State bar member
State bar member
2
2
2
2
]
2
]
]
]
5
5
30
30
70
70
]
]
14
5 yrs state bar
17
VA
8 yrs state bar
2 yrs state bar
2
2
]
State bar member
State bar member
]
]
]
]
]
State bar member
State bar member
State bar member
State bar member
State bar member
]
Licensed attorney
]
5 yrs in practice
5 yrs in practice
5 yrs in practice
70
70
70
70
70
70
70
Circuit
Circuit
District
County(ies)
]
]
]
]
19
19
19
]
]
19
19
Minnesota
GJ
District
Mississippi
Circuit
GJ
Chancery
LJ
County
LJ
Municipal
LJ
Justice
LJ
10 yrs state bar
5 yrs state bar
]
75
Other
]
]
2
2
6 mos
6 mos
1
Law degree
]
30
30
Massachusetts
Superior
GJ
District
LJ
Probate & Family
LJ
Juvenile
LJ
Housing
LJ
Boston Municipal
LJ
Land
LJ
Michigan
Circuit
GJ
Claims
GJ
District
LJ
Probate
LJ
Municipal
LJ
Legal credentials
18
Maine
Superior
GJ
District
GJ
Probate
LJ
Maryland
Circuit
GJ
District
LJ
Orphan’s
LJ
State
Age
70
]
]
]
5
5
5
26
26
26
]
]
18
]
]
]
20
Judicial selection and service
41
Table 7. Qualifications to Serve as a Trial Court Judge
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; LD=Locally determined; VA=Varies; ]=Yes (length of residency not
specified)
Note: Blank spaces indicate that the statute does not specify qualifications.
Residency (years)
Local
Missouri
GJ
Circuit
LJ
Municipal
Montana
District
GJ
Workers’ Compensation
GJ
Water
GJ
Justice of the Peace
LJ
Municipal
LJ
City
LJ
Nebraska
District
GJ
Separate Juvenile
LJ
County
LJ
Workers’ Compensation
LJ
Nevada
District
GJ
Justice
LJ
Municipal
LJ
21
Circuit
LD
State
3
21
]
Age
Minimum Maximum
21
30
21
New Mexico
District
GJ
Magistrate
LJ
Metropolitan/Bernalillo County
LJ
Municipal
LJ
Probate
LJ
New York
Supreme
GJ
County
GJ
Claims
GJ
Surrogates’
LJ
Family
LJ
District
LJ
City
LJ
NYC Civil
LJ
NYC Criminal
LJ
Town & Village Justice
LJ
North Carolina
GJ
Superior
LJ
District
North Dakota
GJ
District
LJ
Municipal
Ohio
GJ
LJ
LJ
LJ
LJ
42
Common Pleas
Municipal
County
Claims
Mayor’s
State Court Organization, 2004
70
75
Law degree
]
VA
]
2
Other
State bar member
22
State bar member if pop. of 7,500 or more
5 yrs state bar
]
]
2
]
]
]
County
]
]
]
]
]
]
]
]
]
30 days
VA
2
6 mos
VA
1
30
30
30
30
26
26
3
]
]
]
]
County
]
]
County
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
28
]
]
]
]
]
]
County
Territorial
Territorial
]
]
]
]
]
]
2 yrs state bar
]
5 yrs practice
5 yrs practice
5 yrs practice
5 yrs practice
]
24
VA
VA
State bar member
25
VA
VA
70
70
70
]
State bar member
70
70
]
]
]
10 yrs practice law
10 yrs practice law
5 yrs practice law
]
6 yrs active practice
]
3 yrs active practice and state bar member
70
70
70
70
70
70
70
70
70
]
]
10 yrs state bar
5 yrs state bar
10 yrs state bar
10 yrs state bar
10 yrs state bar
5 yrs state bar
5 yrs state bar
10 yrs state bar
10 yrs state bar
72
72
29
35
18
3
]
]
]
23
]
]
]
5 yrs state bar
23
]
]
25
New Hampshire
Superior
GJ
District
LJ
Probate
LJ
New Jersey
Superior
GJ
Tax
LJ
Municipal
LJ
Legal credentials
18
18
18
18
18
18
18
18
18
18
18
18
27
70
70
70
]
]
]
]
]
]
]
29
State bar member
State bar member
]
State bar member
30
30
]
]
6 yrs practice
6 yrs practice
6 yrs practice
Incumbent or retired appellate or GJ judge
]
]
Table 7. Qualifications to Serve as a Trial Court Judge
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; LD=Locally determined; VA=Varies; ]=Yes (length of residency not
specified)
Note: Blank spaces indicate that the statute does not specify qualifications.
Residency (years)
Local
Oklahoma
District
GJ
Municipal Not of Record
LJ
Municipal of Record
LJ
Workers’ Compensation
LJ
Tax Review
LJ
Oregon
Circuit
GJ
Tax
GJ
County
LJ
Justice
LJ
Municipal
LJ
Pennsylvania
Common Pleas
GJ
Philadelphia Municipal
LJ
Magisterial District Judges
LJ
Philadelphia Traffic
LJ
31
District
State
6 mos
Age
Legal credentials
Minimum Maximum
31
31
]
]
]
]
1
3
3
1
3
1
1
1
1
]
]
]
]
31
2 yrs state bar or court of record judge
75
75
75
75
75
]
70
70
70
70
]
]
State bar member
State bar member
State bar member or pass certifying exam
State bar member or pass certifying exam
70
]
7 yrs state bar (3 yrs if Municipal Div. judge)
]
State bar member
State bar member
State bar member
State bar member
State bar member
State bar member
State bar member
]
]
]
]
]
]
]
32
Circuit
34
5
5
5
Citizen
South Dakota
GJ
Circuit
LJ
Magistrate
]
]
]
]
Tennessee
Circuit
GJ
Chancery
GJ
Criminal
GJ
Probate
GJ
Juvenile
LJ
Municipal
LJ
General Sessions
LJ
1
1
1
1
1
1
1
5
5
5
5
5
5
5
Utah
District
GJ
Justice
LJ
Juvenile
LJ
4 yrs state bar or court of record judge
]
Rhode Island
Superior
GJ
Workers’ Compensation
LJ
District
LJ
Family
LJ
Probate
LJ
Municipal
LJ
Traffic Tribunal
LJ
Texas
District
GJ
Constitutional County
LJ
Probate
LJ
County at Law
LJ
Justice of the Peace
LJ
Municipal
LJ
Other
]
Puerto Rico
GJ
First Instance
South Carolina
Circuit
GJ
Family
LJ
Magistrate
LJ
Probate
LJ
Municipal
LJ
Law degree
32
32
21
21
33
72
72
72
70
]
]
8 yrs state bar
8 yrs state bar
]
State bar member
35
State bar member
]
35
]
]
]
]
]
30
30
30
30
30
30
30
]
Qualified to practice law
Qualified to practice law
Qualified to practice law
Qualified to practice law
36
Qualified to practice law
VA
36
Qualified to practice law
]
4 yrs practice in state or a judge in state
]
4 yrs practice in state or a judge in state
4 yrs practice in state or a judge in state
VA
VA
74
State bar member
3 yrs state bar
2
25
2
2
25
25
VA
VA
VA
VA
25
25
25
75
75
75
]
Admitted to practice law
]
Admitted to practice law
]
6 mos
]
3
3
3
]
Judicial selection and service
43
Table 7. Qualifications to Serve as a Trial Court Judge
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; LD=Locally determined; VA=Varies; ]=Yes (length of residency not
specified)
Note: Blank spaces indicate that the statute does not specify qualifications.
Residency (years)
Local
Vermont
Superior
GJ
District
GJ
Family
GJ
Probate
LJ
Environmental
LJ
Judicial Bureau
LJ
Virginia
GJ
Circuit
LJ
District
Washington
Superior
GJ
District
LJ
Municipal
LJ
38
State
38
Legal credentials
Minimum Maximum
38
90
90
38
90
90
Law degree
]
37
]
Other
5 yrs state bar
5 yrs state bar
38
38
]
5 yrs state bar
State bar
District
]
]
]
]
]
70
70
]
1
1
County
1
1
75
75
]
]
]
39
39
5 yrs state bar
5 yrs state bar
State bar member
]
]
West Virginia
Circuit
GJ
Magistrate
LJ
Municipal
LJ
Family
LJ
]
]
]
]
Circuit
Wisconsin
GJ
Circuit
LJ
Municipal
10 days
10 days
Wyoming
District
GJ
Circuit
LJ
Municipal
LJ
Age
]
5 yrs state bar
]
]
]
5 yrs state bar
10 days
10 days
]
LD
5 yrs state bar
LD
2
30
21
28
40
70
]
]
FOOTNOTES:
Alabama:
1
The age prohibition of § 6.16 is not a qualification for office; it refers to the
retirement age.
2
One of the probate judgeships in Jefferson County requires that the judge be a
resident of the county for one year, a minimum of 25 years of age, and learned in
the law.
Colorado
3
A law degree is required for County Court judges in metropolitan areas.
Connecticut
4
Probate Court judges must be electors of a town within the district.
Delaware
5
In the city of Newark, aldermen are required to have a law degree.
District of Columbia
6
Superior Court judges must also be an active member of the unified District of
Columbia bar and, during the five years immediately preceding the judicial
nomination, have been engaged in the active practice of law in the District, been
on the faculty of a law school in the District, or been employed as an attorney by
either the United States or District of Columbia government.
Florida
7
Circuit and County Court judges must reside within the territorial jurisdiction of
the court.
Georgia:
8
There is no maximum age stated for judges of the Superior Court; however,
judges who are members of the 1976 retirement plan and serve beyond age 75
may not be eligible for retirement benefits.
9
There is no maximum age stated for judges of the State Court; however,
benefits are forfeited for judges who are members of the Trial Judges Retirement
Plan after 1/1/80 and serve beyond age 70.
44
State Court Organization, 2004
10
The minimum age requirement for probate judges is 25. If law practice is
required, the minimum age is 30.
11
Probate and Magistrate Court judges must have a high school diploma or
equivalent.
Indiana:
12
A law degree is required for judges of the Small Claims Court of Marion County
unless a non-attorney judge has been grandfathered in.
Iowa:
13
There is no minimum age stated for district or associate judges, but
magistrates must be 18 years of age.
14
This applies to district judges. For magistrates there is a preference for “law
trained” applicants.
Kansas:
15
Judges may complete the term in which they attain age 75.
16
A law degree is required for 161 out of the 239 District Court judgeships. The
remaining 78 judgeships are district magistrate judges, not required to have a law
degree, but must be certified by the Supreme Court if not an attorney.
17
Municipal courts in first class cities (24) require admission to practice law in
Kansas; other municipal judges and district magistrate judges are required to be
certified as qualified to serve by the Supreme Court, if not admitted to practice
law in Kansas.
Louisiana:
18
Seventy-five is the maximum age for judges who began serving under the old
constitution. Judges who attain the age of 70 while serving a term of office are
allowed to complete that term.
Michigan:
19
Judges may not serve beyond age 75 nor begin a term beyond age 70.
Mississippi:
20
This applies for cities with a population over 10,000.
Table 7. Qualifications to Serve as a Trial Court Judge
Missouri:
21
This applies to circuit judges (state residency requires state votes for three
years and resident of the circuit for one year). Associate judges must be county
and state residents, and the minimum age for an associate judge is 25.
22
If not an attorney, Municipal Court judges must complete a course prescribed
by the Supreme Court.
Montana:
Although a law degree is not required for justices of the peace, the judges may
be attorneys, must have served in a judicial capacity for at least five years, and
must have passed the certification exam (the requirement of passing the
certification exam may be waived by the Supreme Court).
23
Nevada:
24
Effective October 1, 2005 the required legal credentials changed to a minimum
of two years state bar member and 10 years practice.
25
Effective October 1, 2005 the required legal credentials changed to a minimum
of state bar membership and five years practice.
New Jersey:
26
Out of a total of 441 authorized judgeships, there are 283 restricted Superior
Court judgeships that require residence within the particular county of
assignment at the time of appointment and reappointment; there are 158
unrestricted judgeships for which the Chief Justice makes the assignment of
county.
New York:
27
The maximum age of 70 (for Supreme Court judges) may be extended up to
three intervals of two years each.
North Carolina:
28
Resident judges of the Superior Court are required to have local residency, but
special judges are not.
29
A law degree is not required for judges elected prior to January 1, 1981.
North Dakota:
30
A law degree and state bar membership is required for Municipal Court judges
in cities with a population of over 5,000.
Oklahoma:
District and associate judges must be state residents for six months if elected,
and associate judges must be county residents. Special judges must be state
residents, but no local residency requirement is stated. Associate judges must
have a law degree and must be a state bar member for two years or be a judge
of a court of record. Special judges are not required to have a law degree and no
additional legal credentials are stated.
31
South Carolina:
32
Circuit judges must be county electors and residents of the circuit, but no local
residency requirement is stated for Masters-In-Equity.
33
There is no maximum age stated for Masters-In-Equity.
34
Probate Court judges must be county electors.
South Dakota:
35
This applies to law magistrates. Clerk magistrates are not required to have a
law degree, but must be a high school graduate or have a GED.
Tennessee:
36
The requirement of the Juvenile and General Sessions Court that judges be
qualified to practice law does have grandfathering provisions.
Vermont:
37
This is required only for Superior Court judges, not for assistant judges.
38
Superior Court judges, District Court judges, and assistant judges are assigned
to serve as family court judges; the qualifications are the same. Qualifications for
Family Court magistrates were not provided.
Virginia:
39
Circuit and District Courts judges must have a law degree or must have
completed an approved three-year course of study under the supervision of a
practicing attorney.
West Virginia:
40
All magistrates shall have a high school education and must take a course in
rudimentary principles of law before assuming duties.
Judicial selection and service
45
Table 8. Judicial Nominating Commissions
Legend: I=Interim; F=Full; R=Retention
Note: Only those States with Judicial Nominating Commissions are included in this table
Offices encompassed
Authorization
Year created Terms
(year revised) covered
Baldwin County Circuit and District Court
Jefferson County Circuit Court
Madison County Circuit and District Court
Mobile County Circuit and District Court
Talladega County Circuit and District Court
Tuscaloosa County Circuit and District Court
Constitutional
Constitutional
Constitutional
Constitutional
Constitutional
Constitutional
1999
1950
1974 (1996)
1982
1996
1990 (2002)
I
I
I
I
I
I
Supreme Court, Superior Court, and District Court
Court of Appeals
Const./Statute
Const./Statute
1959
1980 (1985)
I/F
I/F
Supreme Court and Court of Appeals
Constitutional
1974 (1992)
I/F
Maricopa County Superior Court
Pima County Superior Court
Constitutional
Constitutional
1974 (1992)
1974 (1992)
I/F
I/F
Colorado
Appellate Court Nominating Division
Supreme Court and Court of Appeals
Constitutional
1967
F
Judicial District Nominating Commission
District Court and County Court
Constitutional
1967
F
Denver County Court Nominating Commission
Denver County Court
Charter/Ordinance
1960 (2002)
F
Connecticut
Judicial Selection Commission
Supreme Court, Appellate Court, Superior Court
Const./Statute
1986
I/F/R
Delaware
Judicial Nominating Committee
All judges (including Chief Magistrate)
Executive Order
1979
I/F/R
Magistrates Screening Committee
Justices of the Peace (excluding Chief Magistrate)
Executive Order
1979
I/F/R
District of Columbia
Judicial Nominating Commission
Court of Appeals and Superior Court
Statutory
1973
F/R
Supreme Court and District Court of Appeals
Circuit Court and County Court
Constitutional
Constitutional
1973
1973
I/F
I
Supreme Court, Court of Appeals, Superior Court,
and State Court
Executive Order
1973
I
Supreme Court, Intermediate Court of Appeals,
1
Circuit Court, and District Court
Constitutional
1978
F/R
Supreme Court, Court of Appeals, District Court
Statutory
1967
I
Supreme Court and Court of Appeals
Tax Court
Allen County District Court
Lake County District Court
St. Joseph County District Court
Constitutional
Statutory
Statutory
Statutory
Statutory
1960
1985
1983
1973
1973
I/F
I/F
I/F
I/F
I/F
Supreme Court
Court of Appeals
Constitutional
Statutory
1962
1976
I/F
I/F
Constitutional
1962
I/F
Statutory
1972
I/F
Supreme Court
Court of Appeals
Constitutional
Statutory
1972
1977
I/F
I/F
District Court
Statutory
1975
I/F
State/Name of commission
Alabama
Judicial Commission
Alaska
Judicial Council
Arizona
Commission on Appellate Court Appointments
Commission on Trial Court Appointments
Florida
Judicial Nominating Commission
Georgia
Judicial Nominating Commission
Hawaii
Judicial Selection Commission
Idaho
Judicial Council
Indiana
Judicial Nominating Commission
Iowa
State Judicial Nominating Commission
District Judicial Nominating Commission
Magistrate Appointing Commission
Kansas
Supreme Court Nominating Commission
District Judicial Nominating Commission
46
State Court Organization, 2004
District Court
District Associate Judge
2
Magistrate
2
Table 8. Judicial Nominating Commissions
Legend: I=Interim; F=Full; R=Retention
Note: Only those States with Judicial Nominating Commissions are included in this table.
Offices encompassed
Authorization
Year created Terms
(year revised) covered
Supreme Court, Court of Appeals, Circuit Court,
and District Court
Constitutional
1976
I
Maryland
Appellate Judicial Nominating Commission
Court of Appeals and Court of Special Appeals
Executive Order
1970
I/F
Trial Courts Judicial Nominating Commission
Circuit Court and District Court
Executive Order
1970
I/F/R3
Supreme Judicial Court, Appeals Court, Trial Court, Executive Order
and some clerk-magistrates
1970
I/F
Minnesota
Commission on Judicial Selection
District Court
Statutory
1983 (`90, `92)
I/F
Missouri
Appellate Judicial Commission
Supreme Court and Court of Appeals
Constitutional
1940 (1976)
I/F
City of St. Louis Circuit Court
Jackson County Circuit Court
St. Louis County Circuit Court
Clay County Circuit Court
Platte County Circuit Court
Constitutional
Constitutional
Constitutional
Constitutional
Constitutional
1940 (1976)
1940 (1976)
1940 (1976)
1940 (1976)
1940 (1976)
I/F
I/F
I/F
I/F
I/F
Supreme Court and District Court
Worker’s Compensation Court
Chief Water Judge
Statutory
Statutory
Statutory
1973 (rev.)
1991
1987
I
I/F/R
I/F/R
Supreme Court, Court of Appeals, District Court,
County Court, Juvenile Court, and Worker’s
Compensation Court
Const./Statute
1972
F
Constitutional
1976
I
State/Name of commission
Kentucky
Judicial Nominating Commission
Massachusetts
Judicial Nominating Commission
Circuit Judicial Commission
Montana
Judicial Nominating Committee
Nebraska
Judicial Nominating Commission
Nevada
Commission on Judicial Selection
Supreme Court and District Court
New Hampshire
Judicial Selection Commission
Supreme Court and Superior Court
Executive Order
2005
F
New Mexico
Appellate Judges Nominating Commission
Supreme Court and Court of Appeals
Constitutional
1988
I/F
District Judges Nominating Committee
District Courts
Constitutional
1988
I/F
Metropolitan Court Judges Nominating
Committee
Metropolitan Court
Constitutional
1988
I/F
New York
Nominating Commission
Court of Appeals
Const./Statute
1977
I/F
State Judicial Screening Committee
Court of Claims
Executive Order
1983
I/F/R
Departmental Judicial Screening Committee
Supreme Court and Appellate Divisions of the
Supreme Court
Executive Order
1983
F/R
County Judicial Screening Committee
County Court, Surrogates’ Court, and Family Court
(non-NYC)
Executive Order
1983
I/R
Mayor’s Committee on the Judiciary
NYC Criminal Court, NYC Civil Court, and NYC
Family Court
Executive Order
(Mayor)
1978
I/F5
Supreme Court and District Court
Constitutional
1981
I
Supreme Court and Court of Criminal Appeals
Court of Appeals, District Court, and Worker’s
Compensation Court
Constitutional
Statutory
1967
1967
I/F
I/F
North Dakota
Judicial Nominating Committee
Oklahoma
Judicial Nominating Committee
4
Judicial selection and service
47
Table 8. Judicial Nominating Commissions
Legend: I=Interim; F=Full; R=Retention
Note: Only those States with Judicial Nominating Commissions are included in this table
State/Name of commission
Pennsylvania
Office of General Counsel for Governor
Offices encompassed
Authorization
Year created Terms
(year revised) covered
Appellate Court
Executive Order
1970s
I
Judicial Advisory Commission
Trial Court
Executive Order
1970s
I
Supreme Court, Superior Court, Family Court,
District Court, Worker’s Compensation Court, and
Traffic Tribunal
Constitutional
1994
F
Supreme Court, Court of Appeals, Circuit Court,
Family Court, Administrative Law Judge, and
Masters-In-Equity
Statutory
1975 (1996)
Supreme Court and Circuit Court
Constitutional
1972
I/F
Supreme Court
Court of Appeals and Court of Criminal Appeals
Trial Courts
Statutory
Statutory
Statutory
1994
1971
1994
I/F
I/F
I
Utah
Appellate Court Nominating Commission
Supreme Court and Court of Appeals
Const./Statute
1984
F
Trial Court Nominating Commission
District Court and Juvenile Court
Const./Statute
1984
F
Const./Statute
Supreme Court, Superior Court, District Court,
Environmental Court, and Family Court Magistrates
1967
I/F
Supreme Court of Appeals, Circuit Court
Executive Order
2002
I
Supreme Court, Court of Appeal, and Circuit Court
Constitutional
1973
I/F
Supreme Court, District Court, and Circuit Court
Constitutional
1973
I/F
Rhode Island
Judicial Nominating Commission
South Carolina
Judicial Merit Selection Commission
South Dakota
Judicial Qualifications Committee
Tennessee
Judicial Selection Commission
Vermont
Judicial Nominating Board
West Virginia
Judicial Advisory Committee
Wisconsin
Governor’s Advisory Committee on Judicial
Selection
Wyoming
Judicial Nominating Committee
I/F/R
6
FOOTNOTES:
Hawaii:
1
The Chief Justice makes appointments to the District Courts.
Iowa:
2
District judges appoint district associate judges from lists of nominees
recommended by the County Magistrate Nominating Commission. The County
Magistrate Nominating Commission appoints magistrates.
Maryland:
3
The Trial Courts Judicial Nominating Commission only covers judicial retention
in the Circuit Court.
48
State Court Organization, 2004
Nevada:
Nominations for vacancies are made by a commission with seven permanent
members and five temporary members. The temporary members are appointed
as each vacancy occurs until nominations have been submitted to the governor.
4
New York:
5
The Mayor’s Committee on the Judiciary only covers full terms in the New York
City Criminal Court and the New York City Family Court.
South Dakota:
6
The committee recommends nominees to the governor to fill all vacancies on
the Supreme Court and interim vacancies on the Circuit Court.
Table 9. Provisions for Mandatory Judicial Education
Legend: ~=Not applicable; N/S=None stated; S=State; L=Local; F=Fees; T=Tuition; ]=Yes
Required
Alabama
Alaska
Arizona
Arkansas
]
California
Colorado
Connecticut
Delaware
]
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
]
7
]
]
]
]
]
15
16
]
18
20
Maryland
Massachusetts
Michigan
Minnesota
]
Mississippi
Missouri
Montana
Nebraska
]
Nevada
New Hampshire
New Jersey
New Mexico
]
New York
North Carolina
North Dakota
Ohio
]
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
21
]
]
24
120
60
9
80
None
S
S
S
~
None
80
12
None
~
F
S
~
45
None
None
None
S
S
S
S
]
None
25
None
None
S
S
~
~
]
None
None
6.5
None
S
S
S
S
]
N/S
None
None
None
F
S
~
S
]
84
None
70
None
F
S
S
~
]
35
29
15
None
None
L/S
S
S
S
]
None
None
50
None
~
~
S
S
]
None
14
None
None
S
S
~
S
]
25
]
]
]
]
31
35
]
37
]
]
]
]
]
]
43
]
]
General jurisdiction court judges
Initial/Pre-Bench education
Mandated hours Sources of funding
Required
]
None
S
]
None
S
3
]
S/L/T
72
]
None
S
40
]
8
]
]
]
]
]
]
]
]
]
20
21
]
]
]
]
]
]
]
]
]
]
]
]
30
None
100
86
S
S
S
S
]
None
None
None
None
S
S
~
~
]
]
]
]
43
]
]
None
15
9
16
23
S/L
S
S
S
None
10
12
32
~
S/F
S
S
None
None
36
15
S
~
S/L/T
S
12
17
25
19
12.5
12
S/F
S
S/T
~
28
None
None
22
45
S
S
S
S
12
23
15
15
None
S/F
S/L
S
S
26
F
S
S
S/F/T
12
30
15
15
20
28
S
S
S
S/L/T
12
32
45
None
S
S
~
10
38
15
None
15
S
S/T
S
S
12
12
15
15
]
]
Continuing education
Mandated hours
Sources of funding
None
S
1
None
S
16
S/L/T
12
S
16
30
64
12
S/L
S
S
S
15
15
30
15
S
S
S
S
40
Judicial selection and service
49
Table 9. Provisions for Mandatory Judicial Education
Legend: ~=Not applicable; N/S=None stated; S=State; L=Local; F=Fees; T=Tuition; ]=Yes
Required
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
]
]
~
]
]
]
~
]
]
~
15
]
]
18
20
Maryland
Massachusetts
Michigan
Minnesota
]
Mississippi
Missouri
Montana
Nebraska
]
Nevada
New Hampshire
New Jersey
New Mexico
]
New York
North Carolina
North Dakota
Ohio
]
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
50
7
21
]
~
24
]
]
]
]
]
31
35
]
]
37
]
]
~
60
20
375
~
S
10
~
S
~
80
14
N/S
None
~
F
S/L/F
~
45
~
None
13
S
~
S/L
S
]
None
25
None
None
S
S
~
~
]
None
None
6.5
~
S
S
S
~
]
32
None
None
None
F
S/L
~
S
]
84
None
35
40
F
S
S/L
S/F
]
35
29
15
16
None
S
S
L
S
]
None
None
36
160
~
~
S
None
S
]
S
S
~
S/L
]
None
39
22/80/56
None
None
80/12-32
None
100
86
]
]
]
]
Limited jurisdiction court judges
Initial/Pre-Bench education
Mandated hours
Sources of funding
Required
]
None
S
]
None
S
4
]
S/L/T
120
]
None
S
43
]
]
State Court Organization, 2004
None
None
12
None
41
S/L
S
S
S
S
S
L
~
~
]
8
]
]
~
]
]
]
~
]
]
]
]
20
21
~
~
]
Continuing education
Mandated hours Sources of funding
None
S
2
None
S
16
S/L/T
12
S
~
15
15
23
~
S
10
~
S
~
10
14
N/S
32
~
L/F
S/L/F
S
None
~
36
15
S
S/L/T
S
12
17
25
19
12.5
12
S
S
T
~
28
None
None
~
S
S
S
~
18
15
80
10
F
S
S/L
S
26, 27
L/F
S
S/L
S/F
12
30
15
8
20
28
S
S
L
S/L/T
None
~
~
S
12
12
6
15
]
]
]
]
]
]
33
40
32- District
20- Traffic
None
10
39
15/18/12
None
15
]
]
]
]
20/12
30
64
12
]
]
]
43
]
]
]
]
15
15
12
15
41
S
S
S/T
S
S/L
40
S/L
S/T
S
S
S
S
L
S
Table 9. Provisions for Mandatory Judicial Education
Legend: ~=Not applicable; N/S=None stated; S=State; L=Local; F=Fees; T=Tuition; ]=Yes
Required
Alabama
Alaska
Arizona
Arkansas
]
6
California
Colorado
Connecticut
Delaware
]
District of Columbia
Florida
Georgia
Hawaii
13
Appellate court judges
Initial/Pre-Bench education
Mandated hours Sources of funding
Required
None
~
]
None
S
5
]
~
~
]
None
S
None
60
None
None
S
~
~
~
None
40
None
None
~
F
~
~
None
None
None
None
~
~
S
~
]
None
None
None
None
S
~
~
~
]
None
None
6.5
None
S
S
S
S
]
None
None
None
None
S/F
S
~
S
]
Nevada
New Hampshire
New Jersey
New Mexico
16
None
None
None
F/S
~
~
~
]
New York
North Carolina
North Dakota
Ohio
None
None
None
None
~
~
~
S
]
Oklahoma
Oregon
Pennsylvania
Puerto Rico
None
None
None
None
~
~
~
S
None
6
None
None
S
S
~
S
]
30
None
50
None
S
~
S
~
]
None
None
None
None
S
~
~
~
]
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
7
11
]
15
18
20
Maryland
Massachusetts
Michigan
Minnesota
]
Mississippi
Missouri
Montana
Nebraska
]
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
21
24
]
37
]
]
]
]
8
]
12
]
13
]
]
]
]
]
]
]
20
21
~
]
]
]
]
]
]
]
]
]
]
]
]
]
42
]
]
]
]
None
15
None
23
S
S
~
S
None
10
12
32
~
F
S
S
None
None
36
15
S
~
S/T
S
12
17
25
19
12.5
12
S
S
T
~
28
None
None
15
S
S
S
S
12
15
15
20 (every 2 yrs.)
S/F
S
S
S
26
F/S
S
S
S/F/T
12
30
15
15
20
28
S
S
S
S/L/T
12
34
45
None
None
S
T
~
S
10
38
15
None
15
S
S/T
S
S
16
30
64
12
S/L
S
S
S
15
15
30
15
S
S
S
S
12
12
15
15
]
]
Continuing education
Mandated hours Sources of funding
None
~
None
S
16
S/T
12
S
Judicial selection and service
51
Table 9. Provisions for Mandatory Judicial Education
FOOTNOTES:
Alaska:
1
The court conducts a mandatory annual judicial training at the Judicial
Conference. CLE credits are given if the curriculum is co-developed with the
Alaska Bar Association. If funding is available, new judges are sent to the
National Judicial College in the first year of appointment to the bench.
2
Magistrates have an in-state training course and an annual conference.
23
As with any attorney, judges are required to complete 15 hours per year.
Family Court judges and commissioners are required to complete six additional
hours per year.
Arizona:
3
Hours are completed during one program spanning several days.
4
Hours are completed during one program spanning several days.
5
The number of hours vary as they are determined individually.
Nevada:
25
Family Court judges have an additional 40-hour requirement (role of Family
Court judges).
26
Two of these hours must be ethics/professional conduct.
27
This is required for attorney judges only. No requirement for non-attorney
judges.
Arkansas:
The Administrative Office of the Courts provides pre-bench training and all
judges attend, but it is not required.
6
Colorado:
7
Initial/pre-bench education is a one-time training.
8
Continuing education is the requirement of the Colorado Bar Association, which
requires forty-five hours every three years for all members.
Connecticut:
There is no credit-based requirement in Connecticut.
Funding comes from a probate administration fund. This is public money.
11
Although not mandatory, many new appellate judges participate in initial
appellate conferences/seminars.
12
Although not mandatory, many of the appellate judges attend the annual New
England Appellate Judges Conference.
9
10
District of Columbia:
By statute, the Chief Judge of the Appellate Court is required to hold an annual
judicial training conference.
13
Georgia:
14
This varies by court.
Indiana:
Initial or pre-bench education is not required, but is provided through the
Indiana Judicial Center.
15
Iowa:
16
It is offered but not required by law or rule. Most new judges attend the twoday in-state program and a three-week course at the National Judicial College.
Kentucky:
These are the number of hours required In a two-year period.
17
Louisiana:
New judges orientation is mandatory and is held just before or just after the
majority of new judges take office. Orientation generally provides 15 hours of
CLE credit.
19
It is strongly encouraged, but not mandatory.
18
Maine:
Although neither pre-bench or continuing education is required, the Judicial
Education Committee budgets for judges to attend courses at the National
Judicial College and elsewhere and offers a number of seminars for the
education of judges.
20
Massachusetts:
The Judicial Institute, a statutory body integrated into the organization of the
Administrative Office of the Trial Court, conducts educational and training
programs. The Judicial Institute is funded by state appropriations. The
Flaschner Institute, a non-governmental charitable corporation supported by
contributions, grants and contracts, also conducts educational programs for MA
judges. While no requirement for on-going judicial education exists, judges are
mandated to participate in specified programs and courses developed and
identified on the basis of current and future needs of the system. The number of
mandated programs varies each year.
21
Minnesota:
This is required every three years.
22
Missouri:
52
State Court Organization, 2004
Nebraska:
24
Orientation is required, but there is no hourly requirement.
New York:
28
Biannual cycle - 24 hours are required every two years.
North Carolina:
Every judge in the general jurisdiction court and the limited jurisdiction court is
required to attend a course of instructional orientation for new judges within the
first year after appointment or election, which counts toward the thirty-hour
biennial continuing education requirements.
30
Every justice or judge is required to complete thirty hours biennially of
continuing legal or judicial education and at least 15 hours of it shall be judicial
education.
29
Oregon:
None mandatory; but the AOC offers a “New Judge Orientation” program for
state judges that is strongly encouraged and attended by most. Limited
jurisdiction court judges attend when space is available.
32
The same rules apply for all lawyers/judges: a mandatory CLE requirement
through state bar and rules approved by state Supreme Court. No separate
“judge” CLE requirement exists.
33
Justices of the Peace must have 30 hours of CLE every two years or average
15 hours/year. Municipal judges who are lawyers must have 45 hours of CLE
over 3 years or average 15 hours/year to meet the lawyers’ MCLE requirement.
34
Forty-five hours of CLE are required every 3 years or an average of 15 hours
per year.
31
Pennsylvania:
35
Initial education for trial court judges is offered, but is not required.
36
A four-week certification course and test must be completed. Members of the
Pennsylvania Bar are exempt from the course and the test.
Rhode Island:
The pre-bench requirement is attendance at the National Judicial College.
37
South Carolina:
In addition to the minimum of 15 hours of accredited judicial continuing legal
education, judicial members attend any educational activity designated as
mandatory by the Supreme Court of South Carolina or by the Commission on
Continuing Legal Education and Specialization.
39
This applies to Family Court/Magistrates/Municipal Court, respectively.
38
Texas:
40
A fee assessed in all criminal convictions goes into a fund, Fund 540, which is
specifically allocated for Judicial and Court Support Personnel Training. The
Court of Criminal Appeals includes in its appropriations request to the legislature
a line item for Fund 540. These funds are then available, through a grant
application process, to various judicial education entities in the state.
41
Justices of the Peace are required to have 80 hours of initial/pre-bench
education and 20 hours of continuing education. Municipal judges are required
to have between 12 and 32 hours of initial/pre-bench education and 12 hours of
continuing education.
Vermont:
42
Continuing education for appellate court judges, while not mandated, is
available and provided on an as-needed basis.
Washington:
Education requirements are set forth in GR.26. Non-compliance may be
deemed in violation of the Code of Judicial Conduct and subject to reporting to
the Commission on Judicial Conduct.
43
Table 10. Judicial Performance Evaluation
Legend: ~=Not applicable; N/S=Not stated
Note: Only those States with official judicial performance evaluations are included in this table.
Evaluating body/authorization
Alaska Judicial Council/
Statutes:
§22.05.100
§22.07.060
§22.10.150
§22.15.155
Evaluation committee
7 members:
3 state bar appointed
attorneys, 3 nonattorneys, and the Chief
Justice of the Supreme
Court.
Arizona
Arizona Constitution Article 6,
Section 42
30 members: includes the Evaluations based on public comment, hearings, and
anonymous survey forms distributed to court participants.
public, lawyers, and
Court participant surveys seek evaluation of a judge’s
judges.
abilities and skills, including narrative comments. A factual
report is issued in the judge’s election year.
Colorado
State Commission on Judicial
Performance/§13-5.5-101
10 members each: 4
attorneys, 6 nonattorneys. 4-year terms.
State Commission (for appellate judges) or District
Commission (for trial judges) prepares evaluation profile on
each judge standing for re-election and provides this to the
public.
Connecticut
Judicial Performance Evaluation
Program/Established by directive
of the Chief Justice
The Advisory Panel
consists of judges,
attorneys, a law
professor, and a state
legislator.
Attorney and juror questionnaires are used to solicit
information on the judges’ courtroom performance in the
areas of demeanor, legal ability, and judicial management
skills. Evaluation reports are generated from the input
received. The Chief Court Administrator, or designee,
conducts individual interviews to aid judges in interpreting
the data. Judges are also provided with self-assessment
forms to assist them in assessing their own courtroom
performance and placing the attorney and juror responses in
perspective.
District of Columbia
D.C. Commission on Judicial
Disabilities and Tenure/Title 11
Appx. IV433
7 members: 1 appointed
by the President of the
U.S., 2 (1 must be an
attorney) appointed by the
Mayor, 1 appointed by the
City Council of D.C., 1
appointed by the Chief
Judge of the U.S. District
Court for D.C. All must be
residents of D.C. All serve
six-year terms except for
the President’s appointee,
who serves a five-year
term.
Written evaluation upon an active associate judge’s request
for reappointment to another fifteen-year term. Committee
must determine if the judge is well qualified (automatic
reappointment), qualified (subject to nomination and
approval), or unqualified.
Florida
Joint project of the state judiciary ~
and the Florida Bar, authorized by
the Supreme Court
Hawaii
Judicial Performance
Committee/Supreme Court Rule
19
Supreme Court special
committee on judicial
performance; 13
members: 3 non-lawyers,
6 lawyers, the
Administrative Director of
the Courts, and 3 judges.
Attorneys complete confidential questionnaires.
Idaho
Magistrates Commission
Magistrates commission
consists of judges,
attorneys, and elected
officials.
Questionnaires distributed to practicing attorneys regarding
performance of magistrate judges.
Illinois
Planning and Oversight
Committee for a Judicial
Performance Evaluation
Program/SCR58
Actual evaluation is
contracted out (currently
to Bronner Group, L.L.C.,
Chicago, Illinois).
Details of confidential evaluation procedure determined by
contractor.
Maryland
Judicial Administration Section
Council/State Bar Association
18 State Bar Association
members.
Exit polling of attorneys.
Alaska
Evaluation procedures
Judges are evaluated prior to retention elections.
Evaluations are based on forms completed by court
participants. Evaluation results are included in election
pamphlets that are mailed to all registered Alaskan voters.
A confidential means by which attorneys can communicate
perceived strengths and weaknesses of judicial
performance, thereby assisting judges in eliminating
weaknesses and enhancing strengths. Evaluation forms go
directly to judges; no committee reviews the evaluations.
Evaluations are confidential under Florida Rule of Judicial
Administration 2.05(c)(4). Participation is voluntary.
Judicial selection and service
53
Table 10. Judicial Performance Evaluation
Legend: ~=Not applicable; N/S=Not stated
Note: Only those States with official judicial performance evaluations are included in this table.
Massachusetts
Evaluating body/authorization
Supreme Judicial Court/211§2626b
Evaluation committee
Supreme Judicial Court
and Chief Justice for
Administration and
Management.
Evaluation procedures
Judges with four years’ experience are evaluated once
every 12-18 months; judges with at least four years
experience are evaluated once every 18-36 months.
Anonymous questionnaires are given to court participants in
a representative sample of cases. Completed evaluations
are made available to and discussed with judges.
Michigan
Supreme Court/§600.238
~
Provides for use of national trial court performance
standards by trial judges.
Minnesota
Joint Supreme Court, Conference Trial and appellate court
judges.
of Chief Judges, and Minnesota
District Judges Association
Committee
Joint committee offers technical assistance to judges and
districts. Each judicial district has developed its own
evaluation process and procedures. All evaluation
processes are voluntary.
New Hampshire
Trial Court Administrative Judge
Administrative Judge.
Anonymous questionnaires are distributed to court staff and
constituents; these are supplemented with self-assessment
questionnaires. Administrative Judge reviews results with
the judge under evaluation.
New Jersey
Judicial Performance
Committee/RGA 1:35A-1
At least 6 judges, 3
attorneys, and 2 members
of the public. Additional
members fixed by
Supreme Court. 3-year
terms.
During a judge’s review period of approximately nine
months, anonymous surveys are sent to all attorneys who
appeared before the judge and to appellate judges who
have heard cases from the judge under review.
New Mexico
Judicial Performance Evaluation
Commission/ NM Supreme Court
Confidential written surveys.
15 members: 8 lay
persons and 7 lawyers.
The Supreme Court
appoints members from
nominations submitted by
representatives of the
executive, legislative, and
judicial branches.
Puerto Rico
Judicial Evaluation Commission
Judges are evaluated every three years based on self9 members, including a
evaluations and surveys of attorneys, peers, jurors, and
Supreme Court judge, 1
presiding judge. Reports are discussed with judges.
member experienced in
administrative/
managerial matters, and
at least 1 non-attorney. 3year terms.
Rhode Island
Judicial Performance Evaluation
Committee
All judges are evaluated biannually on the basis of
6 judges, 3 state bar
“acceptable, professionally recognized methods of data
members, 2 members of
the public familiar with the collection.”
judicial system. 2-year
terms.
Tennessee
Judicial Evaluation Commission
(expires 6/30/2007)/§17-4-201,
§4-29-223
12 members: 4 state court
judges, 2 non-lawyers
appointed by Judicial
Council, 3 lawyers
appointed by Speaker of
the Senate, 3 members
appointed from
designated organizations
by Speaker of the House
of Representatives.
Utah
Utah Judicial Council with
Standing Committee on Judicial
Performance Evaluation/CJA R311, 2-10 6 §78-3-21
14 members: Chief
N/S
Justice of Supreme Court,
12 members to be elected
by judges of various
courts, 1 member of the
Board of Commissioners.
1
3-year terms.
Vermont
Judicial Performance Evaluation
Committee/Supreme Court
charge and designation
Under development
54
State Court Organization, 2004
2
All appellate judges are evaluated based on personal
interviews, evaluation surveys, self-reported personal
information, and other comments and information. A final
report of less than 600 words per judge is published not less
than 180 days before the qualifying deadline in a general
circulation daily newspaper in specified parts of the state.
Under development
2, 3
Table 10. Judicial Performance Evaluation
Legend: ~=Not applicable; N/S=Not stated
Note: Only those States with official judicial performance evaluations are included in this table.
Virginia
Evaluating body/authorization
Judicial Performance Evaluation
Commission/Rule of Court
Evaluation committee
8 members appointed by
the Chief Justice
Evaluation procedures
Confidential surveys are sent to attorneys and jurors to
solicit information on judges’ courtroom demeanor,
perceived fairness, knowledge of the law, and clarity of
decisions, as well as other areas of judicial behavior.
Survey results are provided to the evaluated judge and a
mentor or “facilitator” judge, and to the General Assembly at
time of re-election.
Note: The following States report judicial performance evaluation programs operated independently by their state bar association: Maine, Missouri,
Nebraska, Pennsylvania, South Carolina, Texas, Washington, West Virginia, and Wyoming.
FOOTNOTES:
Utah:
1
The evaluation of judges and court commissioners is conducted by the Utah
Judicial Council. The Standing Committee on Judicial Performance Evaluation
(SCJPE) administers the program and recommends policies and procedures.
The membership of the SCJPE consists of two lawyers, one of whom serves as
chair; three members of the public; one court commissioner; and one judge from
each of the five levels of court.
Vermont:
A pilot program was implemented. The Judicial Performance Evaluation
Committee is currently reviewing the results of the pilot program.
3
The pilot program used attorney questionnaires, litigant exit surveys, selfassessments and caseload management reports.
2
Judicial selection and service
55
Table 11. Judicial Discipline: Investigating and Adjudicating Bodies
Legend: ~=Not applicable
Investigating body
Number of:
Alabama
Name
Judicial Inquiry
Committee
Judges
3
Lay
Lawyers persons
2
2
Appeals from
adjudication
are filed with:
Final
disciplining
body
Point at which
reprimands are made
public
Court of the
Judiciary
Supreme Court
Court of the
Judiciary
Filing of the complaint
with the Court of the
Judiciary
~
Supreme
Court
Filing of
recommendation with
Supreme Court
Adjudicating
body
Alaska
Committee on
Judicial Conduct
3
3
3
Supreme Court
Arizona
Commission on
Judicial Conduct
6
2
3
Commission on Discretionary
with Supreme
Judicial
Court
Conduct
Supreme
Court
Commission on Judicial
Conduct determines if
there is probable cause
to bring formal charges.
Arkansas
Judicial Discipline
and Disability
Committees
3
3
3
Commission
Supreme
Court
At disposition of case
California
Commission on
Judicial
Performance
3
2
6
Commission on Supreme Court
has
Judicial
discretionary
Performance
review
Commission
on Judicial
Performance
Upon commission
1
determination
Colorado
Committee on
Judicial Discipline
4
2
4
Commission on No appeal
Judicial
Discipline
Supreme
Court
Adjudication
Connecticut
Judicial Review
Council
3
3
6
Judicial Review Supreme Court
Council;
Supreme Court
Supreme
Court
Council on Probate
Judicial Conduct
1
1
2
Supreme Court
Council on
Probate Judicial
Conduct
Supreme
Court
Public censure is issued
at between 10 and 30
days after notice to the
judge, provided that if
the judge appeals, there
is an automatic stay of
disclosure.
Preliminary
Committee of the
Court on the
Judiciary
0
4
2
Court on the
Judiciary
No appeal
Court on the
Judiciary
Upon issuance of
opinion and imposition of
sanction
Investigatory
Committee of the
Court on the
Judiciary
7
0
0
District of
Columbia
Commission on
Judicial Disabilities
and Tenure
1
4
2
Commission on
Judicial
Disabilities and
Tenure
Federal judge
panel: 3
appointments
by Chief Justice
of Supreme
Court
Commission
on Judicial
Disabilities
and Tenure
Filing of order with D.C.
2
Court of Appeals
Florida
Judicial
Qualifications
Commission
6
3
4
5
Judicial
Qualifications
4
Commission
No appeal
Supreme
5
Court
Filing of formal charges
by Committee with
Supreme Court Clerk
Georgia
Judicial
Qualifications
Commission
2
3
2
Supreme Court
No appeal
Supreme
Court
Formal Hearing
Hawaii
Commission on
Judicial Conduct
0
3
4
Commission on No appeal
Judicial
Conduct
Supreme
Court
Imposition of public
discipline by Supreme
Court
Idaho
Judicial Council
2
2
3
Supreme Court
Supreme Court
Supreme
Court
Filing with Supreme
Court
Illinois
Judicial Inquiry
Board
2
3
4
Courts
Commission
No appeal
Courts
Commission
Filing of complaint by
Judicial Inquiry Board to
Courts Commission
Indiana
Judicial
Qualifications
Committee
1
3
3
Supreme Court
~
Supreme
Court
Institution of Formal
Proceedings
Delaware
56
State Court Organization, 2004
Supreme Court
Table 11. Judicial Discipline: Investigating and Adjudicating Bodies
Legend: ~=Not applicable
Investigating body
Number of:
Iowa
Name
Judicial
Qualifications
Commission
Judges
1
Lay
Lawyers persons
2
4
Appeals from
adjudication
are filed with:
Final
disciplining
body
Point at which
reprimands are made
public
Judicial
Qualifications
Commission
Supreme Court
Supreme
Court
Application by the
commission to the
Supreme Court
Adjudicating
body
Kansas
Commission on
Judicial
Qualifications
6
4
4
Supreme Court
Supreme Court
Supreme
Court
Reprimand is published
by Supreme Court if
approved by Supreme
Court.
Kentucky
Judicial Conduct
Committee
3
1
2
Judicial
Conduct
Committee
Supreme Court
Judicial
Conduct
Committee
Application of judge
under investigation
Louisiana
Judiciary
Commission
3
3
3
Supreme Court
No appeal
Supreme
Court
Filing of formal complaint
by commission with
Supreme Court
Maine
Committee on
Judicial
Responsibility and
Disability
2
2
3
Supreme
Judicial Court
No appeal
Supreme
Filing of report to
Judicial Court Supreme Judicial Court
Maryland
Commission on
Judicial Disabilities
3
3
5
Court of
Appeals
~
Court of
Appeals
Massachusetts
Commission on
Judicial Conduct
3
3
3
Supreme
Judicial Court
~
Supreme
After final of formal
Judicial Court charges with the
Supreme Judicial Court
Michigan
Judicial Tenure
Commission
5
2
2
Supreme Court
Supreme Court
Supreme
Court
Filing of formal complaint
by commission with
Supreme Court
Minnesota
Board of Judicial
Standards
3
2
4
Supreme Court
No appeal
Supreme
Court
Filing of formal charges
by Committee with
Supreme Court
Mississippi
Commission on
Judicial
Performance
4
1
2
Supreme Court
~
Supreme
Court
Recommendation of
Commission to Supreme
Court
Missouri
Commission on
Retirement,
Removal and
Discipline
2
2
2
Commission on Supreme Court
Retirement,
Removal and
Discipline
Supreme
Court
Filing of
recommendation by
Committee to Supreme
Court
Montana
Judicial Standards
Commission
2
1
2
Supreme Court
No appeal
Supreme
Court
Filing of record by
Committee with
Supreme Court
Nebraska
Commission on
Judicial
Qualification
4
3
3
Supreme Court
No appeal
Supreme
Court
Commission may issue a
public reprimand
Nevada
Commission on
Judicial Discipline
2
2
3
Commission on Supreme Court
Judicial
Discipline
Commission
on Judicial
Discipline
Upon filing of report by
Committee and service
upon judge
6
2
5
Supreme Court
Supreme
Court
On issuance of
7
reprimand
New Hampshire Supreme Court
Committee on
Judicial Conduct
3
Filing of record by
Committee to Court of
Appeals
New Jersey
Advisory
Committee on
Judicial Conduct
2 (retired)
3 (min)
4 (max)
Supreme Court
~
Supreme
Court
Filing of formal complaint
New Mexico
Judicial Standards
Commission
2 + one
magistrate
2
6
Supreme Court
~
Supreme
Court
Filing of record by
Commission with
Supreme Court
Judicial selection and service
57
Table 11. Judicial Discipline: Investigating and Adjudicating Bodies
Legend: ~=Not applicable
Investigating body
Number of:
New York
Name
Commission on
Judicial Conduct
Judges
4
Lay
Lawyers persons
1
2
Final
disciplining
body
Point at which
reprimands are made
public
Commission on Court of
Appeals
Judicial
Conduct
Commission
on Judicial
Conduct and
Court of
Appeals
Completion of service of
record on respondent
Adjudicating
body
Appeals from
adjudication
are filed with:
North Carolina
Judicial Standards
Commission
3
2
2
Supreme Court
No appeals
Supreme
Court
Upon recommendation
of Commission to
Supreme Court
North Dakota
Commission on
Judicial Conduct
2
1
4
Supreme Court
~
Supreme
Court
At formal hearing
Ohio
Board of
Commissioners on
Grievance and
8
Discipline
7
17
4
Supreme Court
Board of
Commissioners
on Grievance
and Discipline
Supreme
Court
Adjudication
Oklahoma
Court on the
Judiciary Trial
Division Council
8
1
0
Court on the
Judiciary Trial
Division;
Court on the
Judiciary
Division;
Court on the
Judiciary
Appellate
Division
Filing with clerk of the
Appellate Court
Council on Judicial
Complaints
0
2
1
Council on
Judicial
Complaints
no appeal from
Council on
Judicial
Complaints
Oregon
Commission of
Judicial Fitness and
9
Disability
3
3
3
Supreme Court
No appeal
Supreme
Court
10
Pennsylvania
Judicial Conduct
Board
3
3
6
Court of Judicial Supreme Court
Discipline
Supreme
Court
Once a final decision
has been made
Puerto Rico
Disciplinary and
Removal from
office for health
reasons
~
5
1
Supreme Court
~
Supreme
Court
Filing of formal complaint
to the Discipline
Commission
Rhode Island
Commission on
Judicial Tenure
and Discipline
4 (+3 from
General
Assembly)
3
3
Supreme Court
No appeals
Supreme
Court
When Supreme Court
affirms a
recommendation for
reprimand or removal
South Carolina
Commissioners on
Judicial Conduct
14
3
2
Supreme Court
~
Supreme
Court
Adjudication
South Dakota
Judicial
Qualifications
Commission
2
3
2
Supreme Court
No appeals
Supreme
Court
Filing with the Supreme
Court
Tennessee
Court of the
Judiciary
9
3
2
Court of the
Judiciary
Supreme Court, Supreme
Court or
then General
General
Assembly
Assembly
Filing of complaint in
Appellate Court Clerk's
office
Texas
State Commission
on Judicial Conduct
5
2
4
Supreme Court, Supreme Court
Commission on
Judicial
Conduct, or
review tribunal
consisting of
Justices of
Courts of
Appeals
Utah
Judicial Conduct
Commission
2
2
58
State Court Organization, 2004
3
11
Judicial
Conduct
Commission
Supreme Court
Supreme
Court,
Commission
on Judicial
Conduct, or
review
tribunal
consisting of
Justices of
the Courts of
Appeals
Convening of formal
hearing by the
Commission on Judicial
Conduct
Supreme
Court
10 days after filing
appeal
Table 11. Judicial Discipline: Investigating and Adjudicating Bodies
Legend: ~=Not applicable
Investigating body
Number of:
Vermont
Name
Judicial Conduct
Board
Judges
2
Lay
Lawyers persons
2
3
Adjudicating
body
Appeals from
adjudication
are filed with:
Final
disciplining
body
Point at which
reprimands are made
public
Supreme Court
Supreme Court
Supreme
Court
Filing of formal charges
by Board with Supreme
Court
Virginia
Judicial Inquiry and
Review
Commission
3
2
2
Supreme Court
Supreme Court
Supreme
Court
Filing of formal complaint
by Committee with
Supreme Court
Washington
Commission on
Judicial Conduct
3
2
6
Supreme Court
No appeal
Committee
on Judicial
Conduct or
Supreme
Court
Beginning of fact finding
hearing by Committee
West Virginia
Judicial
Investigation
Committee and
Judicial Hearing
Board
3 + one
magistrate
2
3
Judicial Hearing JHB
Supreme
Board (JHB)
recommends to Court of
13
12
SCA
Appeals
Wisconsin
Judicial
Commission
2
2
5
Supreme
13
Court
No appeal
Supreme
Court
Filing of petitioner formal
complaint by Judicial
Commission w/Supreme
Court
Wyoming
Commission on
Judicial Conduct
and Ethics
3
3
6
Supreme Court
~
Supreme
Court
Filing with Supreme
Court
Upon decision by
Supreme Court of
Appeals
FOOTNOTES:
California:
1
In cases involving more serious misconduct, the commission may issue a public
admonishment or public censure. The nature and impact of the misconduct
generally determine the level of discipline. Both public admonishments and public
censures are notices sent to the judge describing the improper conduct and
stating the findings made by the commission. These notices are also made
available to the press and the general public.
District of Columbia:
This only applies in cases of removal or involuntary retirement wherein the
Chief Justice appoints a three-member federal judge panel to review
commission's order of removal.
2
Florida:
3
This figure is comprised of two judges of each of the District Courts of Appeal,
Circuit, and County courts.
4
The Judicial Qualifications Commission investigates and makes
recommendations to the Supreme Court for discipline or removal.
5
The Supreme Court power of removal is alternative and cumulative to the power
of impeachment and suspension by the Governor and Senate.
New Hampshire:
One Clerk of Court is also part of the investigating body.
The Supreme Court Committee on Judicial Conduct may admonish, reprimand
or order conditions, and the Supreme Court may impose formal discipline.
6
7
Ohio:
8
Initial review is carried out by a panel of three commissioners.
Oregon:
Technically, the Commission of Judicial Fitness and Disability does not
adjudicate disciplinary matters. It hears the evidence and makes
recommendations to the Supreme Court, which must review the records, or any
stipulation for discipline and can hear additional evidence. Technically, then,
there is no appeal. The Supreme Court orders any discipline, including any
stipulated sanction.
10
In Oregon, the allegations become public when the Commission issues a
notice of public hearing, generally 14 days in advance of the hearing (although it
can be less in the public interest). The actual complaint is not made public then,
but the notice includes the general nature of the allegations. In a disciplinary
case (but not a disability case), the Commission hearing, the evidence received
there, and the Commission’s decisions and recommendations are public. The
Supreme Court decision is public when the Court files its opinion. There is no
reprimand or other sanction until the Supreme Court decision.
9
Utah:
11
In addition, four legislators are on the commission.
West Virginia
12
The final disciplining body is the same for both the Commission and Judicial
Hearing Board.
Wisconsin:
13
The Judicial Conduct and Disability Panel, through an ad hoc three-judge panel
(two must be Court of Appeals judges, one can be a retired, reserve judge or
Court of Appeals judge appointed as a hearing examiner) makes a report to the
Supreme Court.
Judicial selection and service
59
Part III: The Judicial Branch: Governance, Funding, and Administration
Each state as well as the District of Columbia and
Puerto Rico has an independent judicial branch. As
indicated in Table 12, either the Court of Last Resort
(COLR) (fifteen states) or the Chief Justice of the Court
of Last Resort (34 states, Puerto Rico, and the District of
Columbia) is the designated head of the judicial branch.
In Utah, the Judicial Council is the designated head.
The formulation of rules for court procedure is basic
to the governance of the judicial branch. Table 13
indicates whether the state constitution or the legislative
branch grants the rule-making authority of the COLR in
key procedural areas. The specific areas covered in
Table 13 are appellate and trial court administration;
appellate, civil, and criminal procedure; rules of
evidence; attorney and judicial discipline; and trial court
costs and fees assessment.
Many state judicial branches incorporate councils or
conferences in either a policy-making or advisory
capacity. Table 14 lists the relevant bodies that report to
the state’s COLR and cites their purpose, statutory or
constitutional authority, and the year in which they were
established. Most councils or conferences are
established by statute, but they may also be established
by the state constitution or by a COLR rule.
Twenty-three states have established Judicial
Compensation Commissions that meet periodically to set
the salaries of judicial officials. Table 15 offers
information on the statutory or constitutional authority,
composition, and meeting schedule of these
commissions. Whether the respective commissions
report to the legislature, executive, or the judiciary as
well as the effects of their recommendations is also
stated in this table.
Table 16 explains the preparation of the judicial
branch’s budget. In most states the budget is initially
prepared by the state’s administrative office of the
courts, generally followed by a central review of budget
submissions by the state’s COLR or administrative office
of the courts. The situation in many states is complex,
which is reflected in the number of footnotes appended
to the table. Table 16 also focuses on the role of the
executive and legislative branches in submitting and
possibly amending the judicial branch budget, and
provides an estimate of the percentage of the total state
budget accounted for by the judicial branch. There is
some new budget-related information in the 2004
edition. Specifically, the table gives the number of
budget line items in the judicial branch budget and states
whether that branch can move funds between those
budget lines.
Table 17 begins with the expenditures for trial court
operations, distinguishing (where possible) between
state and local funding sources. The table also describes
some specific expenditures that fall within the trial court
budget. Table 17 lists 18 expenditure areas, noting
whether the source of funding is the state, county/local
government, or fees. Often expenditures are funded
through several sources. In using this table it should be
noted that it refers only to the funding of trial courts, and
is therefore not directly comparable to the dollar
amounts offered in Table 16, which describes the entire
judicial branch budget. Table 17 highlights important
differences in the scope of state judicial branches,
specifically whether they encompass functions such as
child support enforcement, juvenile probation and
detention, or indigent defense. Such differences in
scope, along with differences in which expenditures are
state funded and which are locally funded or fee
supported, explain to a substantial extent differences in
the proportion of the state budget designated for the
judicial branch as well as staffing levels of administrative
offices of the courts.
Appellate courts have a designated clerk with
responsibilities that range from administrative tasks to
legal research. Table 18 indicates whether a clerk’s
office has total, shared, or no responsibility for 29
functional areas. In addition, this table reports the total
number of full time equivalent staff that report to the
clerk of court.
In most states, the appellate court clerk is appointed
by the members of the court and serves at the pleasure
of the court. (The clerk of the Supreme Court in Montana
is an elected official, as are the clerks of the 12 regional
intermediate appellate courts in Ohio). In 14 states, the
clerk of the court of last resort also serves as clerk of the
state’s other appellate court(s). Minimum qualifications
for clerks vary dramatically between states. Some call
for a high school diploma, while others require
admittance to the state bar. Details are in Table 19.
Law clerks provide direct support to appellate court
justices and judges, or to the court in general through a
central staff. The number of law clerks allocated to the
chief justice or judge and to the associate justices or
judges of each appellate court can be found in Table 20.
The number of central law staff is also indicated.
Every state has a central office that has day to day
administrative responsibilities for the state courts. The
head of that office, the state court administrator, is
usually an appointee of the state judiciary, with the chief
justice or the COLR exercising the appointment
authority. The administrative office’s role in the budget
process was described in Table 16.
A more
comprehensive description of what administrative offices
do is provided in Table 21, which indicates the nature of
the responsibility of the administrative office for 25
functional areas relating to a state’s trial court. The first
column of the table reports the number of staff in the
The judicial branch
61
administrative office, expressed as full-time equivalent
positions. The size of the administrative office staff
reflects both the degree to which there is centralized
coordination of key functions and the allocation of some
substantial responsibilities, such as juvenile probation, to
the administrative office of the courts.
Select Bibliography:
American Bar Association (Judicial Administration
Division), Standards Relating to Court Organization:
1990 Edition, Chicago, IL: The ABA Press, 1990.
Larry Berkson and Susan Carbon, Court Unification:
History, Politics and Implementation, Washington, D.C.:
National Institute of Law Enforcement and Criminal
Justice, 1978.
Thomas Henderson, et al., The Significance of Judicial
Structure: The Effect of Unification on Trial Court
Operations, Washington, D.C.: National Institute of
Justice, 1984.
Robert G. Nieland and Rachel N. Doan (revised by Mayo
H. Stiegler), State Court Administrative Offices: Second
Edition, Chicago, IL:, American Judicature Society,
1982.
Court Watch of North Carolina, Nationwide Report
Comparing State Trial Judges and their Support Staff,
Greensboro, NC, 1997.
Survey of Judicial Salaries, National Center for State
Courts, Williamsburg, VA, Vol. 30, No. 1, 2005 (semiannual series). Available online:
http://www.ncsconline.org/WC/Publications/
KIS_JudComJudSal040105Pub.pdf.
David B. Rottman, Trends and Issues in the State
Courts: Challenges and Achievements, Williamsburg,
VA: National Center for State Courts, 2004.
Available online:
http://www.ncsconline.org/WC/Publications/
Res_WorkLd_TrendsIssuesStateCourtsPub.pdf.
Brian J. Ostrom, Matt Kleiman and Nicole L. Mott,
Minnesota Court Workload Assessment, 2004,
Williamsburg, VA, National Center for State Courts,
2004. Available online:
http://www.ncsconline.org/WC/Publications/
Res_WorkLd_MinnCtStaffWkLdAs_04Pub.pdf.
Table 13:
Donald Pugh, et al., Judicial Rulemaking: A
Compendium, Chicago, IL:, American Judicature
Society, 1984.
Felix F. Stumpf, Inherent Powers of the Courts, Reno,
NV: National Judicial College, 1994.
62
State Court Organization, 2004
Table 12. Governance of the Judicial Branch
Legend: SC=Court of last resort; N/S=Not stated
Who is the head
of the judicial branch?
SC Chief Justice
SC
What authority establishes the
head of the judicial branch?
Other
Constitution
Alabama
Alaska
Arizona
Arkansas
]
]
]
]
California
Colorado
Connecticut
Delaware
]
]
]
]
District of Columbia
Florida
Georgia
Hawaii
]
Idaho
Illinois
Indiana
Iowa
]
Statute
]
]
]
]
]
]
]
]
]
]
]
]
]
ID Const. Art 5 § 2
IL Const. Art 6 § 16
IN Const. Art VII § 3
IA Const. Art V § 4; Iowa Code § 602.1201
]
]
]
]
]
]
]
]
]
]
]
]
]
]
Maryland
Massachusetts
Michigan
Minnesota
]
Mississippi
Missouri
Montana
Nebraska
]
]
]
Nevada
New Hampshire
New Jersey
New Mexico
]
]
]
]
New York
North Carolina
North Dakota
Ohio
]
]
KS Const. Art III § 1; K.S. § 20101
KY Const. § 110(5(b)
LA Const. Art V § 6
4 M.R.S.A. § 1
]
]
]
]
]
]
]
MD Const. Art IV § 18B
MGL C.h. 211 § 3; MA Const. Pt. I, Art 29
MI Const. Art VI § 3-4
MS § 2.724 Subd. 4
]
]
]
]
]
]
]
]
MSC § 9-3-61; V9-3-39; § 9-21-3
MO Const. Art V § 4
MT Const. Art VII § 2
NE Const. Art V § 1
NV Const. Art VI § 19
NH Const. Pt. 2 Art. 73-A
NJ Const. Art 6 § 7 Pt. 1
NM Const. Art 6 § 3
]
]
]
]
]
]
]
]
]
]
]
Oklahoma
Oregon
Pennsylvania
Puerto Rico
]
]
Rhode Island
South Carolina
South Dakota
Tennessee
]
Washington
West Virginia
Wisconsin
Wyoming
DC § 11-1701
FL Const. Art V § 2
GA Const. Art 6 § 9 Para. 1
HI Const. Art VI § 6
]
]
]
]
NY Const. Art VI § 28
NC Const. Art IV § 13; NCGS § 7A 33, 34
ND Const. Art VI, 33; NDCC § 27-02-05.1
OH Const. Art IV § 5
OK Const. Art 7 § 6
ORS § 1.002 (1)
PA Const. Art V § 10; 42 Pa.C.S. Sec. 1701
N/S
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]2
]
]
]
]
]
]
]
]
]
]
]
]
]
]
Source of authority
AL Const. AM 328 § 6.10
AK Const. Art IV § 16
AZ Const. Art VI § 3
AR Const. Amend. 80
CA Const. Art VI § 6
CO Const. Art VI § 5
C.G.S. § 51-1b(a)
DE Const. Art IV § 13
]
]
Kansas
Kentucky
Louisiana
Maine
Texas
Utah
Vermont
Virginia
Other
]
]1
RI GL § 8-15-2
SC Const. Art V § 4
SD Const. Art V § 11
TCA 16-3-501-502; S. Ct. R. 11
TX Const. Art 5 § 31; TX Gov’t Code Ch. 74
UT Const. Art 8 § 12
VT Const. Ch. II § 30
VA Const. Art VI § 4
WA Const. Art 4 § 1
WV Const. Art 8 § 3
WI Const. Art 7 § 4 (3)
WY Const. Art 5 § 2; W.S. § 52-102
The judicial branch
63
Table 12. Governance of the Judicial Branch
FOOTNOTES:
Tennessee:
1
Judicial branch rule is the other authority that establishes the head of the
judicial branch.
64
State Court Organization, 2004
Utah:
The Judicial Council is the head of the judicial branch.
2
Table 13. The Source of Rule Making Authority of Courts of Last Resort by Specific Areas
Legend: L=Legislature; C=Constitution
Rules of:
Court administration
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Appellate
C
C
L/C
C
6
L
C
10
L/C
C
Trial
C
C
L/C
C
6
L
9
C
11,12
C
19
Procedure
Appellate
C
2
C
C
C
7
Discipline
Civil and Criminal
L/C
C
C
C
8
Trial court costs and
fees assessment
1
L/C
4
L/C
5
L/C
L
Evidence
L/C
C
C
L/C
Judicial
L/C
3
L/C
C
C
Attorney
C
C
C
C
C
C
C
C
C
C
15
L
C
L/C
C
21
22
L
L
28
L
L/C
C
13
C
L/C
L
C
L
C
L/C
C
C
L
L
L
C
C
L
C
C
C
L/C
L/C
L/C
L
C
C
C
L/C
L
C
C
L/C
L
L
L
L
14
C
20
16
C
L
L
17
L
18
L/C
23
District of Columbia
Florida
Georgia
Hawaii
L
C
25
C
C
C
26
C
C
L
C
27
L/C
C
Idaho
Illinois
Indiana
Iowa
L/C
C
C
L/C
L/C
29
C
C
L/C
L/C
30
L/C
C
31
L/C
L/C
30
L
L/C
31
L
L/C
C
34
L/C
L/C
L/C
C
34
L/C
L/C
L/C
C
35
L/C
L/C
L/C
C
35
L/C
L/C
L
C
C
L/C
C
C
C
L/C
L
C
C
L/C
L
33
L
36
L/C
L
L/C
C
C
C
L/C
38
L/C
C
C
L/C
39
L/C
C
C
L/C
39
L/C
C
L/C
C
39
L/C
C
L
L/C
40
L/C
C
L/C
L
C
C
L/C
L/C
41
L
L
L
Mississippi
Missouri
Montana
Nebraska
C
C
C
C
C
C
C
C
C
43
L/C
C
C
C
43
L/C
C
C
C
C
C
C
C
44
L
C
C
C
C
C
C
L
L
L
L
Nevada
New Hampshire
New Jersey
New Mexico
C
C
C
C
C
C
C
C
C
C
C
C
L/C
C
C
C
C
C
C
C
L
C
L/C
C
L
L/C
C
C
L/C
L/C
46
L/C
L
New York
North Carolina
North Dakota
Ohio
C
C
C
54
C
C
50
L/C
C
54
C
L
C
C
C
48
L
51
L/C
C
C
L
L
C
C
L
52
L/C
L
C
L
53
L/C
L
C
L
L
L
L
Oklahoma
Oregon
Pennsylvania
Puerto Rico
L/C
L
L/C
C
L/C
C
L/C
C
L/C
L
L/C
L
L/C
55
L
L/C
59
L/C
L/C
L
C
L/C
L/C
L
C
C
L/C
56
L
C
C
L
57
L
58
L/C
L
Rhode Island
South Carolina
South Dakota
Tennessee
L
L/C
L/C
62
L
L
L/C
L/C
63
L/C
L
L/C
L/C
64
L/C
L
60
L/C
61
L/C
65
L/C
L
L/C
L/C
L/C
L
L/C
C
66
L/C
L
L/C
C
L
L
L
L
67
L/C
L/C
68
C
C
71
L/C
L/C
C
C
71
L/C
L
69
L/C
C
72
L/C
L/C
69
L/C
C
72
L/C
L
C
C
L/C
C
70
L/C
C
73
L
L
C
C
74
L
L
L
L
75
L
L/C
L/C
C
L/C
L/C
L/C
C
C
L/C
L/C
78
L/C
L/C
L/C
76
L/C
77
L/C
L/C
L/C
L/C
L
L/C
C
C
78, 79
L/C
C
L/C
L/C
L/C
L
L/C
L
80
L
81
L/C
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
47
42
32
24
49
37
45
The judicial branch
65
Table 13. The Source of Rule Making Authority of Courts of Last Resort by Specific Areas
FOOTNOTES:
Alabama:
1
Although court costs are generally assessed pursuant to legislation, the
Supreme Court has established fees by rule in certain instances (i.e., transcript
fees, appellate docket fees, docket fees for post-conviction petitions, etc.).
27
The Supreme Court shall have full power and authority to make all rules. It
may, by rules, provide and declare when the court shall sit, how its minutes shall
be kept, and how the cases on its dockets shall be apportioned; and it generally
may make all regulations as to practice and procedure.
Alaska:
2
The Supreme Court has the authority to adopt rules governing practice and
procedures in state courts. The legislature has the power to amend rules, but not
adopt them.
3
The constitution specifies the powers and duties of the Judicial Conduct
Commission, and the basis for judicial disqualification is established by law. The
Code of Judicial Conduct is promulgated by the Supreme Court.
4
The legislature can set court fees and surcharges for filing and court use; the
Supreme Court sets awards for attorneys’ fees and costs.
Hawaii:
28
The legislature has given the Supreme Court the authority to modify and add to
some statutory fees.
Arizona:
5
The Supreme Court establishes all rules, but does not establish fees unless
given statutory authority.
California:
6
The Judicial Council also has authority.
7
The Judicial Council also has policy setting and rule making authority. The
Council’s rules must be consistent with any statutes passed by the legislature.
The court may adopt rules for its own procedures not inconsistent with the rules
of the Council or statute.
8
The legislature is the higher authority. The Judicial Council rules must not be
inconsistent with statute.
Illinois:
29
Supreme Court Rule 21 (b) allows Chief Judges to enter orders relating to the
assignment of judges, times of holding court, etc. Trial judges in each circuit also
adopt local administrative rules, usually by a majority vote.
30
The Supreme Court has power to make rules of pleading, practice, and
procedure for the Circuit, Appellate, and Supreme courts. Subject to the rules of
the Supreme Court, the Circuit and Appellate courts may make rules regulating
their dockets, calendars, and business. General rules apply to both civil and
criminal proceedings. The rules on proceedings in trial courts, together with the
Civil Practice Law and the Code of Criminal Procedure, govern all proceedings in
the trial court, except those regulated by statute. The rules on appeals govern all
appeals.
Iowa:
31
The Iowa constitution makes a general jurisdictional statement granting to the
Supreme Court “supervisory and administrative control over all inferior judicial
tribunals.” The legislature codified what that meant to include procedural rulemaking authority and disciplinary power over judges and attorneys.
Colorado:
9
Rules are established by the Supreme Court; however, some may be modified
at the district level.
Kansas:
32
The legislature creates rules for civil procedure; the Supreme Court makes
case law.
Connecticut:
10
The appellate courts do not have formal “rules of administration.” The
Supreme Court and the Appellate Court are served by the same administrative
offices and by one appellate clerk’s office. There is one chief administrative
judge for the appellate courts.
11
The Superior Court does not have formal “rules of administration.” The chief
court administrator directly, and through the Court Operations’ Division, issues
administrative policies for the trial courts and the judicial branch.
12
For the Superior Court, statutes designate the powers and duties of the chief
court administrator who serves at the pleasure of the Chief Justice of the
Supreme Court.
13
Both the Supreme Court and the Appellate Court have input into the Rules of
Appellate Procedure.
14
Superior Court judges establish the rules of civil and criminal procedure.
15
Connecticut has adopted a Code of Judicial Conduct. There also exists a
Judicial Review Council within the legislative branch that examines the conduct
of judicial officers.
16
The Superior Court has adopted Rules of Professional Conduct for attorneys.
Additionally, the courts have adopted Grievance Rules to be followed for the
discipline of attorneys.
17
Court costs are assessed by the courts. The Superior Court has the ability to
charge fees in connection with the regulation of attorneys.
Kentucky:
33
The legislature sets fines and most fees. The Supreme Court can set filing
fees, but must notify the legislature when changing them.
Delaware:
18
Court costs and fees are set by statute for Justice of the Peace courts. All
other court fees and costs are set by individual court rules.
District of Columbia:
19
Trial courts make their own rules of administration under statutory authority
provided to them. Some rules are also based on inherent authority.
20
The trial court establishes its own rules of civil procedure. If there is a conflict
with federal rules, the Appeals Court establishes rules.
21
Trial courts establish their own rules of evidence under statutory authority
provided to them.
22
The DC Commission on Judicial Disabilities and Tenure was created as a part
of the Home Rule Charter for the District of Columbia. The responsibility for
judicial discipline resides with the Commission.
23
Trial courts establish their own rules concerning trial court costs and fees
under the statutory authority provided to them.
Florida:
24
The Judicial Qualifications Commission, established by the Florida constitution,
adopts rules, such as its proceedings on judicial discipline.
The Supreme Court establishes the Code of Judicial Conduct.
Georgia:
25
This also applies to the Court of Appeals.
26
The advice of the Trial Court Council is also a source of authority.
66
State Court Organization, 2004
Louisiana:
34
The legislature establishes rules of administration for the appellate courts
through the enactment of statutes. The Supreme Court also has the
constitutional inherent authority to establish rules of administration.
35
The legislature establishes procedure through the enactment of the Louisiana
Revised Statutes. Courts promulgate the Uniform Rules of Appellate Procedure
sanctioned by the Supreme Court.
36
The legislature has the constitutional authority to establish limits on fees and
costs. However, statutes also allow the Supreme Court to establish costs and
fees in certain circumstances.
Maryland:
37
Both have equal power.
Massachusetts:
38
Statutory rule making authority is dispersed throughout the judicial department.
However, all such rules must be approved by the Supreme Judicial Court.
39
It has never been determined whether procedural rule making authority
ultimately resides in the courts, i.e., in the Supreme Judicial Court or in the
legislature. Since the mid-1970s a cooperative relationship has developed
between the judicial and legislative branches with respect to the adoption of court
rules in appropriate circumstances and the enactment or repeal, as necessary, of
corollary legislation.
40
The Supreme Judicial Court has adopted, as a court rule, the Code of Judicial
Conduct. The legislature has established, by statute, the Commission on Judicial
Conduct to investigate allegations of judicial misconduct, including violations of
the Code of Judicial Conduct. The Commission adopts its own rules subject to
the approval of the Supreme Judicial Court.
41
The Supreme Judicial Court has not established court fees and costs by court
rule. The legislature has, at times, established court costs and fees by statute
and, at other times, has delegated such authority to judicial personnel.
Mississippi:
42
Under all categories, legislative enactments, which do not impede any court
ordered rules, are allowed.
Missouri:
43
The Missouri constitution provides that the rules of practice and procedure,
with limited exceptions, may be adopted by the Supreme Court. The general
assembly may amend any such rule in a bill limited to that purpose.
44
The basis for discipline is the constitution, and the Commission on Retirement,
Removal and Discipline, which is a constitutional body, investigates allegations of
misconduct. The Supreme Court reviews Commission recommendations for
discipline and makes the final decision. Within the constitutional language,
Table 13. The Source of Rule Making Authority of Courts of Last Resort by Specific Areas
violations of the Code of Ethics may constitute grounds for discipline, and
impeachment is an alternative means of discipline.
Nevada:
45
The court has the authority to establish rules through the adoption of court
rules. The legislature has the ability to establish rules by enacting legislation
concerning trial court costs and fees assessments.
New Jersey:
46
The court has exercised authority to set costs and fees when the statute
specifically gives the court that authority.
New York:
47
Rules of administration for both the trial and appellate courts are established
by the chief administrator of the courts on behalf of the Chief Judge of New York
State (State Const., Art. VI, § 28). The Chief Judge has delegated back to the
appellate courts the power to adopt most administrative rules for their respective
courts; the chief administrator’s rules predominately affect the trial courts.
48
The power to promulgate rules of practice and procedure in the courts of the
New York State Unified Court System – both trial and appellate, both civil and
criminal – is placed in the legislature (State Const., Art. VI, § 30), which in turn
has the power to delegate that authority to a court. The legislature has enacted a
comprehensive series of practice and procedure statutes for all courts, both civil
and criminal, and has also delegated, by statute, to the Court of Appeals, each
appellate division, and to the chief administrator of the courts the power to
promulgate additional rules of practice and procedure not inconsistent with
statute. Individual trial courts retain the power to enact their own rules as long as
they are consistent with statute and general rules (as set forth in Art. VI, § 30).
49
Judicial discipline is regulated and enforced by an independent State
Commission on Judicial Conduct (State Const., Art. VI, § 22).
North Carolina:
50
The senior resident Superior Court judge and the chief District Court judge
have statutory and constitutional administrative authorities over the trial courts in
their districts. The Supreme Court also has supervisory authorities.
51
Authority to make rules of procedure and practice for the trial courts is
constitutionally placed with the general assembly which has delegated this
authority to the Supreme Court, as allowed for in the constitutional provision.
52
The legislature has delineated the grounds for censure or removal; the
Supreme Court is authorized, by rule, to prescribe standards of judicial conduct.
The legislature has also established the Judicial Standards Commission to
investigate allegations of judicial misconduct and to make recommendations for
disciplinary action to the Supreme Court.
53
The NC State Bar, established by statute, makes rules regarding attorney
discipline that are subject to certain review by the Chief Justice of the Supreme
Court.
Ohio:
54
The legislature creates the courts and boundaries, creates judgeships, and
makes other statutory provisions. The rules of operation are promulgated by the
Supreme Court.
Oregon:
55
Although there is a Council of Court Procedures that makes changes to the
Oregon Rules of Civil Procedure, the legislature amends them before they go
into effect, as they are part of the statutes.
56
Some requirements are statutory, e.g., minimum standards. The actual
authority is with the Supreme Court (through state bar association committees
usually) to approve the detailed rules and changes.
57
Filing fees are statutory. Fees for certain incidental charges (e.g., costs of
duplicating tapes, test costs, etc.) are by Chief Justice Order pursuant to
statutory authority.
Pennsylvania:
58
The Supreme Court enacts these rules to ensure the efficient and effective
administration of justice. In general, the legislature enacts cost and fee
legislation to implement newly passed initiatives.
Puerto Rico:
The constitution authorizes the Supreme Court to establish the rules. The
rules should be submitted to the legislature for approval.
59
South Carolina:
60
SC Code § 14-3-950 requires rules governing practice and procedure in all
courts to be submitted to the judiciary committees of both houses. They become
effective 90 days after submission unless disapproved by 3/5 of the members of
each house voting.
South Dakota:
61
The Supreme Court has authority to adopt rules of practice and procedure,
which may then be amended by the legislature.
Tennessee:
62
This also applies to intermediate courts.
63
The legislature authorizes the courts to establish rules of trial court
administration.
64
By legislative authority, the Supreme Court appoints an advisory Commission
on Rules of Appellate Procedure. Revisions are adopted by court order and sent
to the legislature for approval. The Supreme Court, Court of Appeals, and Court
of Criminal Appeals may make and amend rules governing practice not
inconsistent with the Commission’s rules.
65
An advisory committee, statutorily created but appointed by the Supreme
Court, recommends or submits revisions to the Supreme Court. The court then
adopts them by court order and introduces them to the legislature for joint
resolution passage.
66
The Legislature gives the authority to the Supreme Court.
67
The legislature has this authority by statute and court rules.
Utah:
68
The rules of administration are the exclusive responsibility of the Utah Judicial
Council.
69
The Supreme Court can adopt and amend rules of procedure. The legislature
can amend rules of procedure by a 2/3 majority of both houses.
70
The Supreme Court adopts and amends the Code of Judicial Conduct. The
legislature provides for the composition and procedures of the Judicial Conduct
Commission. The Supreme Court reviews the orders of the Judicial Conduct
Commission.
Virginia:
71
The court can make rules not inconsistent with legislative enactments.
72
The court can establish rules that do not conflict with statutory provisions.
73
The Supreme Court promulgates canons of judicial discipline.
74
The Supreme Court can promulgate only rules that are consistent with
enactments of the legislature.
75
The legislature has delegated to the Supreme Court the authority to set the
amount for certain offenses if they are “pre-paid” before trial.
West Virginia:
76
The legislature may establish rules of civil and criminal procedure, but the
court may supercede these rules.
Wisconsin:
77
The legislature and the Supreme Court have independent and complementary
roles (see section 751.12 Wisconsin statutes).
78
The rules do not overlap. The legislature establishes the procedures for
investigation, and the Supreme Court establishes the Code of Judicial Conduct.
79
The legislature makes its rules of judicial discipline under constitutional
authority. The Supreme Court makes its rules of judicial discipline under
constitutional and inherent authority.
80
Rules concerning trial court costs and fee assessments are the exclusive
domain of the legislature with the exception of the hourly rate of court appointed
counsel, which is set by Supreme Court rule.
Wyoming:
81
What the legislature prescribes in terms of fees and costs governs; however,
absent legislation preemption, the Supreme Court has established court costs.
The judicial branch
67
Table 14. Judicial Councils and Conferences
Legend: CLE=Continuing legal education; NR=No response; N/S=Not stated; ~=Not applicable
Alabama
Alaska
Arizona
Name of council/conference
Rules Committees
Function
Procedural rules
Judicial Conference
Recommendations §12-8-1, Code of ALA (1975)
on administration of
justice
Alaska Bar Association
Attorney ethics
CLE
Gender fairness
Judicial Council
Collect and analyze Art. 4 §8, AK Const.
statistics
California
Colorado
Connecticut
68
AK Rules of Court, Statutes
AK Rules of Court, Statutes
AK Rules of Court, Statutes
Year
established Reports to:
Supreme Court
1975
1961
~
1960
1981
1993
Supreme Court
Supreme Court
Supreme Court
1959
~
Rules Committees
Procedural rules
§4.15 AK Const., Supreme Ct. Order
1959
Supreme Court
Disciplinary Commission
Attorney ethics
AZ Rules of Court, AZ Constitution
1999
Chief Justice
Judicial Council
Budget preparation, AZ Code of Judicial Administration
recommendations
to legislature
1990
Chief Justice
AZ Rules of Court
1989
State Bar of AZ
Mandatory continuing legal education CLE
Arkansas
Authority
§6.11, Amend #328, AL Const. 1901
Commission on Minorities
Minority fairness
AZ Code of Judicial Administration
1990
Judicial Council
Comm. on Ltd Jurisdiction Courts,
Comm. on Superior Court
Procedural rules
AZ Code of Judicial Administration
1990
Judicial Council
Domestic Relations Committee
Procedural rules
§25.323.02, AZ Rev. Statutes
2002
Chief Justice
Comm. on Professional Conduct
Attorney ethics
Supreme Court rule
1965
Supreme Court
Office of Professional Programs
CLE
Supreme Court rule
1988
Supreme Court
Several Supreme Ct. committees
Procedural rules
Supreme Court rules
Varies
Supreme Court
Access to Justice Commission
Legal services
Supreme Court rule
2004
Supreme Court
Work group
Budget prep.
Chief Justice
2004
~
Judicial Council Advisory Comm. on
Access and Fairness
Gender and
minority fairness
CA Constitution
1987
Judicial Council
Rules and Projects Committees
Procedural rules
Judicial Council
Varies
Judicial Council
Attorney Regulation Counsel
Attorney ethics
C.R.C.P. Rule 251.3
1999
Supreme Court
Board of Cont. Legal & Judicial Ed
CLE
C.R.C.P. Rule 260
1978
Supreme Court
Judicial Ethics Advisory Board
Provides advisory
opinions regarding
compliance
Chief Justice Directive 94-01
1994
Chief Justice &
State Court
Administrator
Judicial Advisory Committee
Improve judicial
system
C.I.D. 85-30
1985
Chief Justice
Court Improvement Committee
Dependency &
neglect case
processing
improvements
Federally funded grant
1995
Chief Justice
Commission on Families
Case processing
improvements
Federally funded grant
1999
Chief Justice
Statewide Grievance Committee
Attorney ethics
Statute/ Court practice book
1986
~
Executive Committee
Personnel policies
Judges of the Superior Court
1978
~
Rules Committee
Procedural rules
Judges of the Superior Court
pre 1978
~
State Court Organization, 2004
Table 14. Judicial Councils and Conferences
Legend: CLE=Continuing legal education; NR=No response; N/S=Not stated; ~=Not applicable
Delaware
District of
Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Year
established Reports to:
Supreme Court
1984
Name of council/conference
Office of Disciplinary Council
Function
Attorney ethics
Authority
Supreme Court rule
Comm. on Continuing Legal Ed.
CLE
Supreme Court rule
1987
Supreme Court
Supreme Court Legislative Comm.
Recommendations
to the legislature
Chief Justice
2004
Supreme Court
Office of Bar Counsel
Attorney ethics
Statute
1972
Court of Appeals
Standing Comm. on Fairness &
Access
Gender fairness,
minority fairness
Order
1997
Joint Committee
Trial Court Budget Commission
Budget prep.
Supreme Court
2000
Chief Justice
District Court Budget Commission
Budget prep.
Administrative order
2000
Chief Justice
Standing Comm. on Fairness and
Diversity
Minority fairness
Administrative order
2004
Chief Justice
Institute of Continuing Legal
Education
CLE
Supreme Court rule
1976
Supreme Court
Georgia Commission on Access and
Fairness
Gender and
minority fairness
Supreme Court rule
20041
Supreme Court
Rules Committees
Procedural rules
Constitution
N/S
Supreme Court
Disciplinary Board & Office of
Disciplinary Counsel
Attorney ethics
Supreme Court rule
1929
~
Committee on Equality and Access to Access, gender
fairness, minority
the Courts
fairness
Supreme Court order
1989
Supreme Court
Committee on Court Interpreters
Minority fairness
Supreme Court order
1995
Supreme Court
Rules committees
Procedural rules
Chief Justice orders
Varies
Supreme Court
Statewide Policy Advisory Comm.
Recommendations
to the legislature
Chief Justice Memorandum
1996
Chief Justice
Administrative Conference
Budget prep.
Supreme Court Appointment
N/S
Supreme Court
Judicial Education
CLE
Supreme Court order
1994
Supreme Court
Fairness & Equality Commission
Gender fairness,
minority fairness
Supreme Court order
1995
Supreme Court
Administrative Conference
Personnel policies,
recommendations
to the legislature
Supreme Court appointment
N/S
Supreme Court
Supreme Court Advisory Comm.
Procedural rules
Supreme Court Order
N/S
Supreme Court
Attorney Registration & Disciplinary
Commission
Attorney ethics
Rule-making
1973
Supreme Court
Capital Litigation Trial Bar
CLE
Supreme Court rule/order
2001
Supreme Court
Supreme Court Rules Committee
Article V Comm. of Chief Judges
Procedural rules
Supreme Court Rules
1981
Supreme Court
Disciplinary Commission
Attorney ethics
Admission and Discipline Rule 23
1949
Supreme Court
Commission for Continuing CLE
CLE
Admission and Discipline Rule 29
1986
Supreme Court
Race & Gender Fairness
Commission
Gender fairness,
minority fairness
IN Admin. Rule 4 (C)
1999
Supreme Court
Supreme Court Committee on Rules
of Practice and Procedure
Procedural rules
IN Trial Rule 80
1972
Supreme Court
The judicial branch
69
Table 14. Judicial Councils and Conferences
Legend: CLE=Continuing legal education; NR=No response; N/S=Not stated; ~=Not applicable
Iowa
Kansas
Year
established Reports to:
Supreme Court
1964
Name of council/conference
Attorney Disciplinary Board
Function
Attorney ethics
Authority
Supreme Court
Grievance Commission
Attorney ethics
Supreme Court
1974
Supreme Court
Comm. on Continuing Legal Ed.
CLE
Court rule
1975
Supreme Court
Judicial Council
Personnel policies
Court rule & statutory
1972
Supreme Court
Rules committees
Procedural rules
Court rule
Varies
Supreme Court
Disciplinary Administrator
Attorney ethics
Supreme Court rule
1972
Supreme Court
1985
Supreme Court
CLE Commission
CLE
Supreme Court rule
Kentucky
~
~
~
Louisiana
Attorney Disciplinary Board
Attorney ethics
LASC Rule XIX
1990
Supreme Court
Judicial Budgetary Control Board
Budget prep.
LASC Rules, Part G, §4
1977
Supreme Court
Mandatory CLE Committee
CLE
LASC Rule XXX
1992
Supreme Court
Judicial Council
Collect and analyze LASC Rule XXII
statistics and make
recommendations
to the legislature
1975
Supreme Court
Task Force on Women in the Courts
Gender fairness
LASC order
1990
Supreme Court
Task Force on Racial and Ethnic
Fairness in the Courts
Minority fairness
LASC order
1993
Supreme Court
Human Resource Comm. and Human Personnel policies
Resource Advisory Comm.
LASC order
1994
Supreme Court
Maine
NR
NR
NR
NR
NR
Maryland
Attorney Grievance Committee
Attorney ethics
Rule
N/S
Court of Appeals
Rules Committee
Procedural rules
Rule
N/S
Court of Appeals
Board of Bar Overseers
Attorney ethics
Supreme Judicial Court Rule 4:1
1974
~
Gender Equality Advisory Board
Gender fairness
CJ for Administration & Mgmt
inherent statutory authority
1989
Chief Justice for
Admin. & Mgmt.
Racial and Ethnic Access and
Fairness Board
Minority fairness
CJ for Administration & Mgmt
inherent statutory authority
1978
Chief Justice for
Admin. & Mgmt.
Advisory Committee on Personnel
Standards
Personnel policies
Statute G.L. 211B, §8
1978
Chief Justice for
Admin. & Mgmt.
Standing Advisory Committee on the
Rules of Civil Procedure
Procedural rules
Supreme Judicial Court inherent rulemaking authority
1974
Supreme Judicial
Court
Standing Advisory Committee on the
Rules of Criminal Procedure
Procedural rules
Supreme Judicial Court inherent rulemaking authority
1979
Supreme Judicial
Court
Statute 600.1082
2005
Legislature,
Supreme Court
Court rule
Pre 1970
Supreme Court
M.S. 2.724
1978/1986
Massachusetts
Michigan
State Drug Treatment Court Advisory Monitor drug
Committee
treatment courts &
programs
Minnesota
Lawyers Professional Responsibility
Board
Attorney ethics
Conference of Chief Judges; Court of Budget prep.
Appeals; Supreme Court
70
~
~
Chief Justice
Board of Continuing Legal Ed.
CLE
Court rule
1973
Supreme Court
Gender Fairness Committee
Gender fairness
Supreme Court order
1987
Supreme Court
State Court Organization, 2004
Table 14. Judicial Councils and Conferences
Legend: CLE=Continuing legal education; NR=No response; N/S=Not stated; ~=Not applicable
Minnesota
(continued)
Mississippi
Name of council/conference
Racial Fairness Committee
Function
Minority fairness
Authority
Supreme Court order
Conferences of Chief Judges;
Supreme Court
Personnel policies
M.S. 480.181
Ind. committees for specific areas
Procedural rules
Lawyer Trust Account Board, Legal
Services Advisory Committee
Commission on Professional
Responsibility
1978/1989
Supreme Court
480.05; 480.059; 480.0591; 480.0595
1970s
Supreme Court
Funding for civil
legal services
M.S. 480.242
1983
Supreme Court
Attorney ethics
Supreme Court rule
N/S
N/S
Supreme Court rule
N/S
N/S
MS Commission on Continuing Legal CLE
Education
Missouri
Gender Fairness Task Force
Gender fairness
Supreme Court order
N/S
N/S
Rules Advisory Committee
Procedural rules
Supreme Court order
N/S
N/S
Judicial Advisory Study Commission
Recommendations
to the legislature
Statute
N/S
N/S
Advisory Committee/ Regional
Disciplinary Committees
Attorney ethics
Supreme Court Rule 5
1974
Supreme Court
Circuit Court Budget Committee
Budget preparation
and personnel
policies
Supreme Court Rule 7
1978
Supreme Court
Supreme Court order
1998
Supreme Court
1989
Supreme Court
Coordinating Commission for Judicial CLE
Education
Montana
Year
established Reports to:
Supreme Court
1990
Commission on Judicial Resources
Collect and analyze Section 476.415, RSMo
statistics
Supreme Court Civil Rules Comm.
Procedural rules
Supreme Court
1994
2
Committee on Procedure in Criminal
Cases
Procedural rules
Supreme Court
2000
2
Commission on Code of Judicial
Conduct
Attorney ethics
Supreme Court order
2003
Supreme Court
Commission on Continuing Legal
Education
CLE
Supreme Court order
1982
Supreme Court
Gender Fairness Commission
Gender fairness
Supreme Court order
1990
Supreme Court
Equal Justice Task Force
Minority fairness
Supreme Court order
2000
Supreme Court
Advisory Commission on Rules of
Civil and Appellate Procedure
Procedural rules
Supreme Court order
1963
Supreme Court
Commission on Rules of Evidence
Procedural rules
Supreme Court order
1974
Supreme Court
Uniform District Court Rules
Commission
Procedural rules
Supreme Court order
1961
Supreme Court
Civil Jury Instructions Guidelines
Commission
Jury instructions
Supreme Court order
N/S
Supreme Court
Criminal Jury Instructions
Commission
Jury instructions
Supreme Court order
1976
Supreme Court
Commission on Self-Represented
Litigants
Access to justice
Supreme Court order
2000
Supreme Court
The judicial branch
71
Table 14. Judicial Councils and Conferences
Legend: CLE=Continuing legal education; NR=No response; N/S=Not stated; ~=Not applicable
Montana
(continued)
Nebraska
Nevada
Function
Training
Authority
Supreme Court order
Commission on Technology
Tech. standards
Supreme Court order
2002
Administration
Statute
2001
Supreme Court
Judicial Ethics Committee
Attorney ethics
Supreme Court rule
N/S
Supreme Court
Gender Fairness Implementation
Committee
Gender fairness
Supreme Court order
N/S
Bar Association,
Supreme Court
Minority and Justice Implementation
Committee
Minority fairness
Supreme Court order
N/S
Supreme Court
CLE Board
CLE
Court Rule 207 et. seq.
1982
~
Judicial Council
Recommendations
to the legislature
Court Rule 9
1977
Supreme Court
Attorney ethics
Statute, NH Constitution
1974
Supreme Court
NH Constitution
1991
Supreme Court
Minimum Continuing Legal Education CLE
Board
New Mexico
Supreme Court Comm. on Rules
Procedural rules
NH Constitution
1985
Supreme Court
Disciplinary Oversight Committee,
Office of Attorney Ethics, Disciplinary
Review Board, District Ethics
Committees, and District Fee
Arbitration Committees
Attorney ethics
Court Rule 1:20, et. seq./NJ
Constitution
1978
Supreme Court
Committee on Women in the Courts
Gender fairness
Supreme Court standing committee
1983
Supreme Court
Committee on Judicial Salaries and
Pensions
Judicial salaries
Supreme Court standing committee
1976
Supreme Court
Committee on Minority Concerns
Minority fairness
Supreme Court standing committee
1985
Supreme Court
Rules Committees
Procedural rules
Supreme Court standing committees
N/S
Supreme Court
Disciplinary Board, Code of
Professional Conduct Committee
Attorney ethics
N/S
N/S
Supreme Court
Budget Committee
Budget preparation
N/S
1998
Supreme Court
N/S
N/S
Supreme Court
CLE
Judicial Continuing Legal Education
Committee, Judicial Education and
Training Advisory Committee, and
Minimum Continuing Legal Education
Board
New York
72
Supreme Court
District Court Council
New Hampshire Supreme Court Committee on
Professional Conduct
New Jersey
Year
established Reports to:
Supreme Court
1974
Name of council/conference
Commission on Courts of Limited
Jurisdiction
Judicial Branch Personnel Grievance
Committee and Judicial Branch
Personnel Rules Committee
Personnel policies
N/S
N/S
Supreme Court
Rules Committees
Procedural rules
N/S
N/S
Supreme Court
Grievance Committees
Attorney ethics
Statute
1977
N/S
CLE Board
CLE
22NYCRR§1500.3
1997
Admin. Board
NYS Judicial Committee on Women
in the Courts
Gender fairness
N/S
1986
Chief Judge
Franklin H. Williams Commission on
Minorities
Minority fairness
N/S
1991
Chief Judge
Administrative Board
Procedural rules
Constitution Article 6, §28
1977
N/S
State Court Organization, 2004
Table 14. Judicial Councils and Conferences
Legend: CLE=Continuing legal education; NR=No response; N/S=Not stated; ~=Not applicable
New York
(continued)
North Carolina
North Dakota
Name of council/conference
Advisory Committee on Judicial
Ethics
Function
Judicial ethics
Authority
Judiciary Law §212 (2) (1)
Advisory Committees
Recommendations
to the legislature
Judiciary Law §212 (1) (q)
Housing Court Advisory Council
Judicial
qualification
Judicial Hearing Officer Selection
Advisory Committees
Year
established Reports to:
Chief Admin.
N/S
Judge
Varies
Chief Admin.
Judge
NYCCCA §110[g]
1973
Chief Admin.
Judge
Judicial
qualification
NYCCCA §122
1984
Chief Admin.
Judge
Permanent Commission on Justice
for Children
Children’s issues
N/S
1988
Chief Judge
Parent Education Advisory Board
Education
N/S
2001
Chief Judge
Chief Justice’s Committee on
Professionalism
Attorney ethics
Supreme Court rule
1998
Supreme Court,
state bar
Judicial Council
Recommendations
to the legislature
Statute
1999
Chief Justice
Education Commission
CLE
N/S
1994
Supreme Court
Personnel Policy Board
Personnel policies
N/S
1995
Supreme Court
Joint Procedure Committee
Procedural rules
N/S
1978
Supreme Court
Supreme Court Commission on
Continuing Legal Education
CLE
Rules for the government of the bar
1988
Supreme Court
Supreme Court Rules Advisory
Committee
Procedural rules
Rules for the government of the bar
1990
Supreme Court
Oklahoma
~
~
~
Oregon
Professional Responsibility Board/
Bar Board of Governors
Attorney ethics
ORS 9.490 et seq.
1983
Bar Board of Gov.
Supreme Court
MCLE Committee
CLE
MCLE rules and regulations
1987
Bar Board of Gov.
Access to Justice for All Committee
Gender fairness,
racial fairness
Chief Justice order
Council on Court Procedures
Procedural rules
ORS 1.725
1993
Uniform Trial Court Rules Comm.
Procedural rules
ORS 1.002, 1.006, Chief Justice
order
1993
1993
Ohio
~
~
Supreme Court
Chief Justice,
Court Admin.
1997
Presiding judge
Pennsylvania
Chief Justice
Local Criminal Justice Advisory
Councils
Criminal law
procedure
ORS 1.851
Local Public Safety Coordinating
Councils
Community
corrections
ORS 423.560
Family Law Advisory Comm.
Family law
ORS 3.436
1997
Oregon Bench and Bar Commission
of Professionalism
Professionalism
Chief Justice order
1994
Disciplinary Board of the Supreme
Court
Attorney ethics
PA Const. Art. V Sec. 10; Rules of
Disciplinary Enforcement
1972
Supreme Court
Continuing Legal Education Board
CLE
PA Const. Art. V Sec. 10; Cont. Legal
Ed. Board Regulations
1992
Supreme Court
Rules Committees
Procedural rules
Varies
Supreme Court
~
1995
~
PA Const. Art. V, Sec. 10; Supreme
Court order
Court Admin.
The judicial branch
73
Table 14. Judicial Councils and Conferences
Legend: CLE=Continuing legal education; NR=No response; N/S=Not stated; ~=Not applicable
Year
established Reports to:
1972
Supreme Court
Name of council/conference
Judicial Council
Function
Recommendations
on judicial branch
administration
Authority
PA Const. Art. V, Sec. 10;
Rule Judicial Admin. 103
Puerto Rico
NR
NR
NR
Rhode Island
Ethics Advisory Council
Attorney ethics
Supreme Court rule
1986
Supreme Court
Committee on Character/Fitness
Attorney ethics
Supreme Court rule
1988
Supreme Court
Disciplinary Board of the Supreme
Court
Attorney ethics
Supreme Court rule
1975
Supreme Court
Mandatory CLE Commission
CLE
Supreme Court rule
1993
Supreme Court
Women and Minorities in Courts
Gender and
minority fairness
Supreme Court order
1989
Chief Justice
Advisory Committee for the Code of
Judicial Conduct
Judicial discipline
Supreme Court rule
1993
Supreme Court
Commission on Lawyer Conduct
Attorney ethics
Supreme Court rule
1977
Supreme Court
Commission on CLE/Specialization
CLE
Supreme Court rule
1990
Supreme Court
Family Court, Circuit Court, Probate,
Clerk of Court, Adv. Comm.
Procedural rules
Chief Justice order
N/S
Chief Justice
Judicial Council
Recommendations
to the legislature
Statute
1962
Supreme Court
Disciplinary Board of the State Bar
and Ethics Committee
Attorney ethics
SDCL Ch. 16-19
1978
Supreme Court
Equal Justice Commission
Gender fairness,
minority fairness
Supreme Court order
2004
Supreme Court
N/S
N/S
Supreme Court
Pennsylvania
(continued)
South Carolina
South Dakota
Planning and Administrative Advisory Administrative and
procedural matters
Council
Tennessee
Texas
74
NR
NR
Presiding Judge Council
Trial courts
administration
N/S
N/S
Supreme Court
Clerks Advisory
Recommendations
on administrative
procedures and
communication
N/S
N/S
Supreme Court
UJS Technology Committee
Technology
N/S
N/S
Supreme Court
Board of Professional Responsibility
Attorney ethics
Supreme Court Rule 9
N/S
Supreme Court
Comm. on Continuing Legal Ed.
CLE
Supreme Court Rule 21
N/S
N/S
Judicial Council
Recommendations
to the legislature
TCA 16-3-601
1940
N/S
Advisory Commission on Rules of
Practiced Procedure
Procedural rules
Supreme Court Rule 31
N/S
N/S
N/S
N/S
ADR Commission
ADR
Supreme Court Rule 9
Judicial Ethics Committee
Judicial ethics
TCA 17-4-201
N/S
N/S
Judicial Council
Judicial policy and
data
Gov’t Code Ch. 71
1929
Chief Justice and
Presiding Judge
Judicial Committee on Information
Technology
Court technology
standards
Gov’t Code Ch. 77
1997
Chief Justice
State Court Organization, 2004
Table 14. Judicial Councils and Conferences
Legend: CLE=Continuing legal education; NR=No response; N/S=Not stated; ~=Not applicable
Texas
(continued)
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Year
established Reports to:
Chief Justice
N/S
Name of council/conference
Regional Presiding Judges
Function
Trial courts
administration
Authority
Gov’t Code, Family Code, Supreme
Court rules
Task Force on Foster Care
Court Improvement
Project
Supreme Court Order
1994
Supreme Court
Equal Access to Justice Foundation
Civil legal services
Supreme Court Order
2001
Supreme Court
Council of Chief Justices
Administration of
intermediate
appellate courts
N/S
N/S
N/A
Supreme Court Rules Advisory
Committee
Procedural rules
Supreme Court order
1939
Supreme Court
Office of Professional Conduct
Attorney ethics
Supreme Court
1998
District Court
Rules Committees
Procedural rules
Supreme Court
Varies
Supreme Court
Professional Responsibility Board
Attorney ethics
Supreme Court Admin. Order 9
1999
Supreme Court
Board of Continuing Legal Ed.
CLE
Supreme Court rules
1984
Supreme Court
Committee on Fairness and Equal
Access to Justice
Gender fairness,
minority fairness
Supreme Court charge and
designation
1995
Supreme Court
Rules Committees
Procedural rules
Administrative Orders
Varies
Supreme Court
Bar Association
Attorney ethics
Statute
1950s
Supreme Court
Judicial Council
Procedural rules,
recommendations
to the legislature
Statute
1930s
Supreme Court
Bar Association
Attorney ethics,
procedural rules
Statute & court rule
1889
Supreme Court
Board for Court Education
CLE
Supreme Court order
1981
Supreme Court
Gender and Justice Commission
Gender fairness
Supreme Court order
1994
Supreme Court
Minority and Justice Commission
Minority fairness
Supreme Court order
1990
Supreme Court
Board for Judicial Administration
Procedural rules,
recommendations
to the legislature
Court rule
1986
~
Superior Court Judges Assn.
Procedural rules
Statute
1933
Supreme Court
District & Municipal Court Judges
Association
Procedural rules
Statute
1961
Supreme Court
Office of Disciplinary Counsel
Attorney ethics
Court rules
N/S
Supreme Court
Judicial Hearing Board
Judicial ethics
Court rules
N/S
Supreme Court
Judicial Education Committee and
Family Court Education Committee
CLE
N/S
N/S
N/S
Equality Commission
Gender and
minority fairness
N/S
N/S
N/S
Commission on the Evaluation of the
Rules of Professional Conduct
Attorney ethics
Supreme Court
2002
Supreme Court
Judicial Education Committee
CLE
Supreme Court
1971
Supreme Court
Special Committee on Gender
Neutrality
Gender fairness
Supreme Court
1993
Supreme Court
Benchbook Committees
Procedural rules
Office of Judicial Education
1982/1992
Director of State
Courts
The judicial branch
75
Table 14. Judicial Councils and Conferences
Legend: CLE=Continuing legal education; NR=No response; N/S=Not stated; ~=Not applicable
Wisconsin
(continued)
Wyoming
Year
established Reports to:
Supreme Court
1978
Name of council/conference
Legislative Committee
Function
Recommendations
to the legislature
Authority
Judicial Conference
Planning & Policy Advisory Comm.
Long range
strategic planning,
budget preparation
Supreme Court
1992
Supreme Court
Judicial Council
Procedure and
practice
Statute
1951
Supreme Court,
Legislature
Judicial Conference
Court forms and
other court studies
Statute, Court rules
1979
Board of Professional Resp.
Attorney ethics
Bar by-laws; S. Ct. rule
N/S
Supreme Court
Board of Continuing Legal Ed.
CLE
Bar by-laws; S. Ct. rule
N/S
Supreme Court
Board of Judicial Policy & Admin.
Recommendations
to the legislature
Supreme Court order
2000
Judicial branch
Permanent Rules Advisory Comm.
Procedural rules
N/S
N/S
Supreme Court
Supreme Court
FOOTNOTES:
Georgia:
1
The Commission on Gender Bias in the Judicial System was originally created
in 1989, and the Supreme Court Commission on Racial and Ethnic Bias in the
Courts was created in 1993. In 1995, these commissions were combined into
the Supreme Court Commission on Equality, which was renamed the Georgia
Commission on Access and Fairness in the Courts in 2004.
76
State Court Organization, 2004
Missouri:
All rules recommended by these two committees must be reviewed and
promulgated by the Supreme Court.
2
Table 15. Judicial Compensation Commissions
Note: Only those States with Judicial Compensation Commissions are included in this table.
State
commission name
(year established)
Authorization:
CN=constitution
ST=statute
Alabama
Judicial
Compensation
Commission
(1973)
CN: Amend. 328
§ 6.09 and 426;
ST: Code §§
12:10-1 et seq
Alaska
State Officers
Compensation
Commission
(1986)
Arizona
Commission on
Salaries for Elective
State Officers
(1970)
Number of members –
appointment process
Does
commission
review nonjudicial
positions?
Meeting
schedule
Commission reports to:
EX = Executive
LG = Legislature
JD = Judicial
Effect of
commission
recommendation
EX
LG
JD
1
Annually
]
Implemented upon
confirmation by
legislature
ST: § 39.23.200- 7 – appointed by governor,
400
subject to confirmation by the
legislature; staggered four-year
terms; includes 1 business
executive, 1 representative of a
nonpartisan voters’ organization,
1 person with experience in
public administration, 1 labor
organization representative; no
state employees or holders of
public office
]
Biennially
]
Advisory
CN: Art. V, §13
ST: Ann. §411901-1905
5 – 2 appointed by governor, 1
by president of the Senate, 1 by
speaker of the house, 1 by Chief
Justice; new members
appointed biennially; all
members appointed from the
private sector
]
Biennially
]
Colorado
State Officials’
Compensation
Commission (1973)
ST: §2-3-801901
9 – 2 appointed by president of
the Senate and speaker of the
house (only these 2 members
may be members of the general
assembly), 3 appointed by
governor and 2 by Chief Justice
(these members may not be
elected or appointed officials,
nor state employees); staggered
terms of two and four years
]
Biennially
]
Connecticut
Compensation
Commission for
Elected State
Officers and Judges
(1971)
ST: §2-9a
11- 3 appointed by governor, 2
by president pro tem of the
Senate, 2 by speaker of the
house, 2 by Senate majority
leader, 2 by house minority
leader; no state officials or
employees; four-year terms
]2
Quarterly
Delaware
Delaware
Compensation
Commission (1984)
ST: Code Ann.,
tit. 29, §33013304
6 – 2 appointed by governor, 1
by president pro tem of the
Senate, 1 by speaker of the
house; president of Delaware
Roundtable and state personnel
director shall also be members;
no other state officers or
employees; six-year terms
]
Every four
years
]
]
]
Becomes law
unless rejected by
legislature
Georgia
State Commission
on Compensation
(1981)
CN: Art. 5;
ST: Code Ann.
§45-7-90-96
12 – 4 appointed by governor, 2
3
by lt. governor, 2 by speaker of
3
the house, 4 by Supreme Court
justices; 1 with business
background; four-year terms; no
state officers or employees
]
Annually
]
]
]
Advisory
Hawaii
Judicial Salary
Commission (1989)
CN: Art. 6 §3;
ST: Stat. §6081.5
5 – 1 appointed by governor, 2
by president of the Senate, 2 by
speaker of the house
5 – 1 appointed by governor, 1
by president of the Senate, 1 by
speaker of the house, 2 by
governing body of the state bar;
no member shall hold any public
or political party office; members
serve a four-year term
November
2003 and
every 8
years
thereafter
Becomes law
unless rejected by
legislature
]
]
]
]
Advisory
Advisory
Becomes law
unless rejected by
legislature
The judicial branch
77
Table 15. Judicial Compensation Commission
Note: Only those states with Judicial Compensation Commissions are included in this table.
Does
commission
review nonjudicial
positions?
State
commission name
(year established)
Illinois
Compensation
Review Board
(1984)
Authorization:
CN=constitution
Number of members –
ST=statute
appointment process
ST: Ann. ch. 25
12 – 3 appointed by speaker of
para. 120
the house, 3 by house minority
leader, 3 by president of the
Senate, 3 by Senate minority
leader; no current or past state
employees; staggered threeyear terms
Indiana
Public Officers
Compensation
Advisory
Commission (2004)
ST: IC 2-5-1.5
9 – 2 members appointed by
speaker of the house, 2
appointed by president pro
tempore of the Senate, 2 by
governor, 2 by Chief Justice of
the Supreme Court, 1 by Chief
Judge of the Court of Appeals;
four-year terms, reappointment
permitted
Iowa
Judicial
Compensation
Commission (1987)
ST: Code Ann.
§602.1514
8 – 4 appointed by governor, 4
by legislative council; no state
officials or employees; four-year
terms
Biennially
Louisiana
Judicial
Compensation
Commission (1989)
ST: Ann. §13:41- 10 – 1 appointed by governor, 2
13:49
by president of the Senate, 2 by
speaker of the house, 1 by Chief
Justice of the Supreme Court, 1
by Conference of Court of
Appeals, 1 by District Judges
Association, 1 by City Judges
Association, 1 by state bar
association; members confirmed
by the Senate; four-year terms
Maine
Judicial
Compensation
Commission (1995)
ST: Ann., title 4
§1701
Maryland
Judicial
Compensation
Commission (1980)
7 – governor appoints 2 from list
ST: Code Ann.
Cts. & Jud. Proc. of 5 submitted by president of
the Senate, 2 from list of 5
§1-708
submitted by speaker of the
house, 1 from list of 3 submitted
by state bar, and 2 at large;
staggered six-year terms
Michigan
State Officers
Compensation
Commission (1984)
7 – appointed by governor; may
CN: Art. 4, §12;
not be reappointed; cannot be
Comp. Laws
Ann., §15-211-17 government employee;
staggered four-year terms
]
Minnesota
Minnesota State
Compensation
Council (1983)
ST: Ann. §15A
]
78
State Court Organization, 2004
]
]
3 – selected from registered
voters of the state; 1 appointed
by governor, 1 by president of
the Senate, 1 by speaker of the
house; staggered four-year
terms
16 – 2 house members
appointed by speaker of the
house, 2 Senate members
appointed by Senate majority
leader, 1 house member
appointed by minority leader, 1
Senate member appointed by
minority leader, 2 non-judges
appointed by chief judge, 1
member appointed by governor
from each of the 8 congressional
districts (no more than 4 may
belong to the same political
party); two-year terms
Meeting
schedule
Biennially
Commission reports to:
EX = Executive
LG = Legislature
JD = Judicial
Effect of
commission
recommendation
EX
LG
JD
]
Becomes law
unless rejected by
legislature
]
Advisory
]
Advisory
Biennially
]
Implemented upon
confirmation by
legislature
As
necessary
]
Advisory
]
Becomes law
unless rejected by
legislature
Biennially
]
Becomes law
unless rejected by
legislature
Biennially
]
May be expressly
modified or rejected
As
necessary
Biennially
]
]
Table 15. Judicial Compensation Commissions
Note: Only those States with Judicial Compensation Commissions are included in this table.
Does
commission
review nonjudicial
positions?
Commission reports to:
EX = Executive
LG = Legislature
JD = Judicial
Effect of
commission
recommendation
EX
LG
JD
]
Becomes law
unless rejected by
legislature
State
commission name
(year established)
Missouri
Missouri Citizens’
Commission on
Compensation for
Elected Officials
(1996)
Authorization:
CN=constitution
Number of members –
ST=statute
appointment process
CN: Art. 13, §3
22 – 1 randomly selected from
each of the 9 congressional
districts, 12 appointed by
governor, 1 retired judge
appointed by Supreme Court;
four-year terms
New Jersey
Public Officers
Salary Review
Commission (1999)
ST: 52:14-15.115 7 – 2 appointed by governor, 1
appointed by president of the
Senate, 1 by Senate minority
leader, 1 by speaker of the
general assembly, 1 by general
assembly minority leader, 1 by
Chief Justice of the Supreme
Court
New Mexico
Judicial
Compensation
Commission (2005)
ST: Laws of NM,
Chapter 85
5 – 1 appointed by the governor,
1 by the president pro tem of the
Senate, 1 by the speaker of the
house, and 1 by the Chief
Justice of the Supreme Court.
The fifth member is the
president of the state bar (or
designee) and the chair is the
dean of the University of New
Mexico School of Law
Oregon
Public Officials
Compensation
Commission (1983)
ST: §292.907930
7 – 2 appointed by governor, 2
by speaker of the house, 2 by
president of the Senate, 1 by
Chief Justice; four-year terms
]4
As
necessary
]
Advisory
Rhode Island
Unclassified pay
Plan Board (1978)
Gen. Laws §364-16
7 – director of administration,
state court administrator,
general treasurer, 2 house
members appointed by speaker
of the house, 2 Senate members
appointed by Senate majority
leader; no terms
]
Annually
]
Becomes law
unless rejected by
legislature
Utah
Executive and
Judicial
Compensation
Commission (1981)
ST: Code Ann.
§67-8-1
6 – 1 appointed by governor, 1
by president of the Senate, 1 by
speaker of the house, 2 by the
first 3 appointed members, 1 by
the state bar commission; fouryear terms
]
Annually
]
Advisory
Washington
Citizens’
Commission on
Salaries for Elected
Officials (1987)
ST: Code
§43.03.305
16 – 9 drawn by lot from voter
lists, 7 appointed by speakers of
Senate and house; four-year
terms
]
Biennially
]
]
Meeting
schedule
Biennially
As
necessary
]
Annually
]
]
]
Advisory
]
Advisory
Becomes law
unless rejected by
legislature
FOOTNOTES:
Alabama:
1
Probate Court and Municipal Court judges are not reviewed.
Connecticut:
2
Probate judges are not reviewed.
Georgia:
One member appointed by the lieutenant governor and one member appointed
by the speaker of the house are to have labor-management relations experience.
3
Oregon:
Justices of the Peace, County Court judges, and Municipal Court judges are not
reviewed.
4
The judicial branch
79
Table 16. Preparation and Submission of the Judicial Branch Budget for State Funding
Legend: NR=No response; N/S=Not stated; ~=Not applicable; ]=Yes
Who prepares the
Who reviews the
Budget
budget?
budget?
submitted to:
AOC=Administrative Office of the Courts EX=Executive
SC=Court of Last Resort
LG=Legislative
AOC
SC Other AOC
SC
Other
EX
LG
Alabama
Alaska
Arizona
Arkansas
]
California
Colorado
Connecticut
Delaware
]
]
]
]
]
]
Kansas
Kentucky
Louisiana
Maine
]
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
80
]
8
]
]
]
]
]
]
]
]
]
]
NR
NR
NR
]
16
20
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
31
]
NR
]
NR
33
]
]
]
]
]
Apr 1-Mar 31
]
]
]
]
]
NR
NR
]
]
]
33
]
]
NR
NR
]
]
]
]
]
]
]
]
34
]
]
]
]
35
37
]
Jul 1-Jun 30
NR
NR
]
21
]
]
23
24
Jul 1-Jun 30
Jul 1-Jun 30
]
Jul 1-Jun 30
Jul 1-Jun 30
]
]
25
26
]
30
NR
NR
]
]
]
]
36
]
38
]
]
]
]
Jul 1-Jun 30
]
]
]
]
Jul 1-Jun 30
]
]
42
]
State Court Organization, 2004
]
]
42
]
]
]
43
]
]
]
39
40
]
Jul 1-Jun 30
Jul 1-Jun 30
Jul 1-Jun 30
3.0
0.6
1.0
2.8
1.2
Less than 1
1.4
2.3
1.0
3.0
.06
NR
1.3
2.3
0.6
1.7
1.0
1.2
1.0
1.4
.88
1.3
2.1
2.4
1.0
2.0
.59
NR
32
]
]
2.5
1.7
3.0
2.6
]
]
Sep 1-Aug 31
2.0
2.5
1.7
0.5
1.5
2.6
2.0
0.4
Jul 1-Jun 30
Jul 1-Jun 30
Jul 1-Jun 30
Judicial %
of State
budget
]
]
]
]
]
]
Jul 1-Jun 30
Jul 1-Jun 30
Jul 1-Jun 30
Jul 1-Jun 30
]
]
17
NR
Jul 1-Jun 30
]
NR
]
]
Jul 1-Jun 30
Jul 1-Jun 30
Jul 1-Jun 30
]
]
]
15
Jul 1-Jun 30
Jul 1-Jun 30
Jul 1-Jun 30
]
]
]
Jul 1-Jun 30
Jul 1-Jun 30
Oct 1-Sep 30
Jul 1-Jun 30
Jul 1-Jun 30
]
]
]
Jul 1-Jun 30
NR
]
28
13
]
Jul 1-Jun 30
]
29
]
NR
]
]
27
]
Jul 1-Jun 30
]
]
27
]
]
]
]
Jul 1-Jun 30
]
]
]
]
Jul 1-Jun 30
]
22
9
11
Jul 1-Jun 30
]
]
]
]
]
Jul 1-Jun 30
Jul 1-Jun 30
]
]
]
]
Oct 1-Sep 30
Jul 1- Jun 30
Jul 1-Jun 30
]
]
NR
19
]
]
]
]
18
NR
]
]
]
Jul 1-Jun 30
]
]
]
5
Jul 1-Jun 30
]
]
3
]
]
Jul 1-Jun 30
Jul 1-Jun 30
]
]
NR
]
]
]
]
]
]
]
12
]
NR
]
]
14
]
6
]
]
]
]
]
]
NR
]
]
7
]
Nevada
New Hampshire
New Jersey
New Mexico
2
]
]
Idaho
Illinois
Indiana
Iowa
]
]
]
]
Mississippi
Missouri
Montana
Nebraska
]
]
]
District of Columbia
Florida
Georgia
Hawaii
Maryland
Massachusetts
Michigan
Minnesota
]
1
]
Budget period
Annual
Biennial
Oct 1-Sep 30
Jul 1-Jun 30
Jul 1-Jun 30
Jul 1-Jun 30
Can funds
roll-over from
one year to
the next?
41
]
44
]
2.4
.33
2.8
.05
0.4
5.0
2.0
1.0
4.0
2.8
.85
2.0
Table 16. Preparation and Submission of the Judicial Branch Budget for State Funding
Legend: NR=No response; N/S=Not stated; ~=Not applicable; ]=Yes
Can executive branch
amend the budget?
Alabama
Alaska
Arizona
Arkansas
]
California
Colorado
Connecticut
Delaware
]
District of Columbia
Florida
Georgia
Hawaii
]
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
4
]
]
]
]
Occurs occasionally
]
]
]
NR
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
NR
]
]
]
]
]
]
]
]
]
NR
Occurs occasionally
Governor can veto
individual line items
]
]
5
Varies
7
6
1
99
Varies
2
1
3
61
NR
442
148
31
3
7
14
6
79
Varies
42
80
3
]
Occurs occasionally
Number of budget
line items
Varies
3
25
8
8
70
5
87
]
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Is the judicial
appropriation filed as a
separate bill?
NR
Can the judicial branch move funds between
line items?
With approval from Finance Director
]
Upon review from legislature
Up to 3% of the budget
]
Up to 6% of the budget & $1 mil. at year end
10
]
Up to 5% of the budget
]
~
Up to 2% of the budget
]
~
]
]
NR
Up to 1.33% of the budget
Up to 2.3% of the budget
]
]
]
Within administrative limits
Within statutory limits (25% of the budget)
]
]
Up to 1.3% of the budget
]
]
90
75
10
1
Up to 5% of the budget
Up to 10% of the budget
2
2
36
NR
Up to 10% of the budget
5
Varies
2
30
62
5
2
12
Varies
N/S
23
4
]
~
]
NR
]
]
]
With approval of Legislative Budget Board &
Governor
]
Subject to approval of Governor’s Budget Office
]
With legislative and executive branch approval
]
The judicial branch
81
Table 16. Preparation and Submission of the Judicial Branch Budget for State Funding
FOOTNOTES:
Alaska:
1
Trial court administrators prepare the budget.
Arizona:
2
The Chief Justice and Vice Chief Justice review the budget.
Arkansas:
3
This only applies when specific authority is granted in the appropriation bill.
4
Judicial salaries are contained in a general bill with salaries of all elected
officials; other judicial appropriations are separate.
California:
5
Nearly the entire judicial branch budget is appropriated on an annual basis.
However, approximately six percent of the budget (FY 2003-2004) consists of
special funds that are continuously appropriated.
Delaware:
6
The Council of Court Administrators and Chief Justices review the budget.
District of Columbia:
7
The Executive Office of the District of Columbia Courts functions as the
Administrative Office of the Courts.
8
The Joint Committee on Judicial Administration reviews the budget.
9
Only funds within the Defender Services Account roll-over.
10
Following 30 days notice, the courts can reallocate up to $1 million for
operations and up to 4% for capital.
Florida:
11
Roll-over is restricted to trust funds only.
Georgia:
The Judicial Council of Georgia reviews the budget.
Funds must have been encumbered by June 30.
12
13
Hawaii:
14
Individual courts prepare the budget.
Idaho:
General funds do not roll-over, but “other” funds do.
15
Kentucky:
The Chief Justice reviews the budget.
17
Only agency and federal funds can roll-over. General funds dollars lapse in the
Court Operations budget but do not lapse in the Local Facilities Budget.
16
Louisiana:
18
The Judicial Budgetary Control Board reviews the budget.
Maryland:
19
The Chief Judge of the Court of Appeals reviews the budget.
Michigan
20
The Supreme Court works with the Department of Management and Budget’s
Budget Office on the initial submission.
21
Funds can be rolled over if provided by statute. Funds can also be rolled
forward as a work project request requiring approval of both the Executive and
the Legislative branch.
Minnesota:
22
The Intercourt Committee reviews the budget.
82
State Court Organization, 2004
Mississippi:
Roll-over restricted to special funds; general funds do not roll-over.
23
Montana:
24
Funds can roll-over only if appropriation authority is biennial and if it is
necessary to move money back from the second year to cover shortages in the
first year.
Nevada:
25
Roll-over is restricted to non-state funds.
New Jersey:
26
Roll-over funds are authorized and restricted by the language in the annual
Appropriation Act.
New Mexico:
27
The AOC prepares the Magistrate Court budget. Appellate and District courts
prepare their own budgets.
28
The Budget Committee of the Chief Judges Council reviews the budget.
New York:
29
Individual courts prepare the budget.
30
Roll-over only occurs if funds are reappropriated by the legislature.
Ohio:
31
There is no central judicial branch review of the budget.
Oregon:
32
General funds do not roll-over, but “other” funds do.
South Carolina:
The Chief Justice/Finance Office prepares and reviews the budget.
33
Texas:
34
Individual courts prepare the budget.
35
There is no central judicial branch review of the budget.
36
Roll-over allowed between years in the biennium only, not from one biennium
to the next.
Utah:
37
The Judicial Council reviews the budget.
38
Funds may only roll-over with legislative approval.
Virginia:
39
Roll-over is subject to approval by the Governor’s Budget Office.
Washington:
40
Roll-over is limited to Public Safety and Education Account and Judicial
Information System Account funds.
Wisconsin:
Roll-over is limited to continuing program revenue appropriations only.
41
Wyoming:
42
The AOC prepares the budget for the Supreme Court and the Circuit Court;
District Courts prepare their own budgets.
43
There is no central judicial branch review of the budget.
44
Funds cannot roll-over from one biennial budget cycle to another.
Table 17. Trial Court Expenditures and Funding Sources for Selected Expenditure Items
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; S=State; C=County/Locality; F=Fees;
US=Federal
Judicial expenditures (millions)
Source of salaries for:
$
Paid by
Paid by
Clerks of
Trial court
Court
Other court
Total
State
Locality
Judicial
court
administrators
reporters
personnel
Alabama
S
S
S
S
S
151
N/S
N/S
GJ Circuit
1
1
1
S
S
S
S
S
LJ District
C
C
C
C
C
N/S
0
100%
LJ Municipal
~
~
~
~
~
N/S
0
100%
LJ Probate
Alaska
GJ Superior
LJ District
53
95%
N/S
2
S
S
S
S
S
S
~
~
S
S
Arizona
GJ Superior
LJ Justice of the Peace
LJ Municipal
345
36
75
93
2
.1
252
34
75
S/C
S/C
C
C
C
C
C
C
C
C
C
C
C
C
C
Arkansas
GJ Circuit
LJ District
LJ City
N/S
N/S
N/S
71
N/S
N/S
N/S
N/S
N/S
S
C
C
C
C
C
C
C
~
S
~
~
S
C
C
2,123
1,950
173
S
S
S
S
S/C
123
868
N/S
868
N/S
0
5
5
5
5
5
5
N/S
N/S
N/S
S
S
S
S
S
C
S
S
S
S
S
C
S
S
S
S
S
C
S
S
S
S
S
C
S/US
S
S
S
S/US
C
Connecticut
GJ Superior
LJ Probate
200
21
200
0
0
6
2
S
F
S
F
~
F
S
~
S
F
Delaware
GJ Superior
LJ Chancery
LJ Justice of the Peace
LJ Family
LJ Common Pleas
LJ Alderman’s
18
4
15
19
9
N/S
17
4
15
16
8
N/S
0
0
0
0
7
0
N/S
S
S
S
S
S
C
S
F
S
S
S
C
S
S/F
S
S
S
N/S
S
S
~
S
S
C
S
S
S
S
S/F
C
District of Columbia
GJ Superior
N/S
0
0
US
US
US
US
US
Florida
GJ Circuit
LJ County
N/S
331
N/S
9
S
S
C
C
S
S
S
S
S/C
S/C
Georgia
GJ Superior
LJ Juvenile
LJ Civil
LJ State
LJ Probate
LJ Magistrate
LJ Municipal
LJ County Recorder’s
LJ Municipal/City of Atlanta
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
S
S/C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
S/C
C
C
C
~
~
C
~
C
S/C
C
C
C
C
C
C
C
C
S/C/F
C
C
C
C
C
C
C
C
10
10
10
10
0
0
S
S
S
S
S
S
S
S
S
S
Idaho
GJ District
LJ Magistrate’s Division
79
19
60
11
S
S
C
C
S
S
S
S
S/C
S/C
Illinois
GJ Circuit
N/S
N/S
N/S
S
S/C
S/C
S
S/C
California
GJ Superior
Colorado
GJ District
GJ Denver Probate
GJ Denver Juvenile
GJ Water
LJ County
LJ Municipal
Hawaii
GJ Circuit
LJ District
2
2
4
8
9
11
4
9
11
4
The judicial branch
83
Table 17. Trial Court Expenditures and Funding Sources for Selected Expenditure Items
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; S=State; C=County/Locality; F=Fees;
US=Federal
Equipment
Child
General
Buildings/
Court
support
operating
Indigent
Real
Travel
record for
Other
enforcement
expenses
defense
property expenses
appeal
Automation
capital
Alabama
US
S/F
S
S
C
S
S
S/F
GJ Circuit
US
S/F
S
S
C
S
S
S/F
LJ District
C
C
C
C
C
C
C
C
LJ Municipal
~
~
~
~
~
~
~
~
LJ Probate
Alaska
GJ Superior
LG District
S
S
S
S
S
S
S
S
S
S
S
S
~
~
~
~
Arizona
GJ Superior
LJ Justice of the Peace
LJ Municipal
S/C/F
S/C/F
S/C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
S/C
C
S/C
~
~
Arkansas
GJ Circuit
LJ District
LJ City
S/C/F
C
C
S/C
C
C
S
C
~
C
C
C
S/C
C
C
C
C
C
S
S
~
S
~
~
S/C
S/C
S
C
S
S/C
S/C
S/US
Colorado
GJ District
GJ Denver Probate
GJ Denver Juvenile
GJ Water
LJ County
LJ Municipal
S
S
S
S
S
C
S
S
S
S
S
C
S
S
S
S
S
C
C
C
S
C
C
C
S
S
S
S
S
C
S
S
S
S
S
C
~
~
~
~
S
C
S
~
~
~
S
C
Connecticut
GJ Superior
LJ Probate
S
F
S
F
S
F
S
C
S
F
S
F
~
F
S
~
Delaware
GJ Superior
LJ Chancery
LJ Justice of the Peace
LJ Family
LJ Common Pleas
LJ Alderman’s
S
S
S
S
S
C
S
S
S
S
S
C
F
~
S
F
F
C
S
S
S
S
S
C
S
S
S
S
S
C
S
S
S
S
S
C
S
~
S
S
S
C
S
~
~
S
S
~
US
US
US
US
US
US
US
US
C
C
S/C
S/C
S
S
C
C
S
S
S/C
S/C
S
S
S/US
S/US
S/C/US
S/C
C
S/C
S/C
S/C
C
C
C
S/C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
S/C
C
C
S/C
C
C
C
C
C
S/C
C
C
C
C
C
C
C
C
C/US
C
~
~
S/C
S/C
C
S/C
C
S
~
~
~
~
~
~
~
~
Hawaii
GJ Circuit
LJ District
S
S
S
S
S
S
S
S
S
S
S
S
S
S
~
~
Idaho
GJ District
LJ Magistrate’s Division
S
S
C
C
C
C
C
C
S
S
C
C
C
C
~
~
S/C/F
C
S/C
C
S/C
C/F/US
C
C
California
GJ Superior
District of Columbia
GJ Superior
Florida
GJ Circuit
LJ County
Georgia
GJ Superior
LJ Juvenile
LJ Civil
LJ State
LJ Probate
LJ Magistrate
LJ Municipal
LJ County Recorder’s
LJ Municipal/City of Atlanta
Illinois
GJ Circuit
84
State Court Organization, 2004
Table 17. Trial Court Expenditures and Funding Sources for Selected Expenditure Items
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; S=State; C=County/Locality; F=Fees;
US=Federal
Language interpreters
Juvenile
ADA
probation/
Pretrial
Adult
compliance
detention
Security
Foreign
Sign
Jury costs
services
probation
Alabama
C
S
C
S
S
S
C
S/C
GJ Circuit
C
S
C
S
S
S
C
S/C
LJ District
C
C
C
C
C
C
C
C
LJ Municipal
~
~
~
~
~
~
~
~
LJ Probate
Alaska
GJ Superior
LG District
~
~
S
S
S
~
S
3
~
S
S
S
S
~
~
S
S
S/C/F/US
~
S/C
C
C
C
C
C
C
C
C
C
C/F
C
C
C
C
C
S/C/F/US
C
S/C
C
C
C
S
~
~
C
C
C
S/C
S/C
S/C
S
S
S/C
C
~
~
~
C
~
S
C
C
C
C
C
S/C
S
S
S
S/Parties
S/C
C
C
S/US
~
S/US
~
S/US
C
C
C
~
C
C
C
S
S
S
S
S
C
S
S
S
S
S
C
S
~
S
S
S
C
~
~
~
~
S
C
S/US
~
~
~
S/US
C
S
S
S
S
S
C
Connecticut
GJ Superior
LJ Probate
S
~
S
~
S
F
S
F
S
~
S
~
S
~
S
C
Delaware
GJ Superior
LJ Chancery
LJ Justice of the Peace
LJ Family
LJ Common Pleas
LJ Alderman’s
S
~
S
S
S
~
S
S
S
S
S
C
S
S
S
S
S
C
S
S
S
S
S
C
S
~
S
S
S
~
S
~
~
S
S
N/S
S
~
S
S
S
N/S
S
S
S
S
S
C
US
US
US
US
US
~
~
US
Florida
GJ Circuit
LJ County
S
S
C
C
S
S
S
S
S/C
S/C
C
C
~
~
S/C
S/C
Georgia
GJ Superior
LJ Juvenile
LJ Civil
LJ State
LJ Probate
LJ Magistrate
LJ Municipal
LJ County Recorder’s
LJ Municipal/City of Atlanta
~
~
~
~
~
~
~
~
~
C
C
C
C
C
C
C
C
C
C
C
~
C
C
C
C
C
C
C
C
~
C
C
C
C
C
C
C
C
C
C
C
~
C
C
C
C
C
C
C
C
C
C
C
C
~
~
~
C
~
C
~
C
C
C
C
C
C
C
C
C
C
C
Hawaii
GJ Circuit
LJ District
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S/C
S/C
C
C
C
C
C
C
C
C
C
C
S/C
~
C
C
C/F/S/US
C/F
C
C
S/C
C/F/S/US
C/F/S/US
~
Arizona
GJ Superior
LJ Justice of the Peace
LJ Municipal
Arkansas
GJ Circuit
LJ District
LJ City
California
GJ Superior
Colorado
GJ District
GJ Denver Probate
GJ Denver Juvenile
GJ Water
LJ County
LJ Municipal
District of Columbia
GJ Superior
Idaho
GJ District
LJ Magistrate’s Division
Illinois
GJ Circuit
The judicial branch
85
Table 17. Trial Court Expenditures and Funding Sources for Selected Expenditure Items
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; S=State; C=County/Locality; F=Fees;
US=Federal
Judicial expenditures (millions)
Source of salaries for:
$
Paid by
Paid by
Clerks of
Trial court
Court
Other court
Total
State
locality
Judicial
court
administrators reporters
personnel
Indiana
C
C
C
C
252
77
175
S/C
GJ Superior and Circuit
C
C
C
C
S/C
2
.09
2
GJ Probate
C
C
C
C
S/C
2
.36
2
LJ County
C
~
C
C
C
9
0
9
LJ City and Town
F
~
C
C
C
2
0
2
LJ Small Claims/Marion County
Iowa
GJ District
N/S
120
N/S
S
S
S
S
S
Kansas
GJ District
LJ Municipal
112
N/S
90
N/S
22
N/S
S
C
S
C
S
C
S
C
S
C
Kentucky
GJ Circuit
LJ District
34
17
31
17
0
0
S
S
S
S
S
S
S
~
S
S
Louisiana
GJ District
GJ Juvenile & Family
LJ Justice of the Peace
LJ Mayor’s
LJ City & Parish
96
13
3
N/S
37
30
2
.3
N/S
2
26
13
9
14
1
N/S
15
17
S/F
S
S/F/C
N/S
S/F/C
F/C
F/C
~
~
F/C
S/F/C
F/C
~
~
F/C
S/F/C
S/F/C
~
~
F/C
S/F/C
F/C
F/C
~
F/C
Maine
GJ Superior
GJ District
LJ Probate
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
Maryland
GJ Circuit
LJ District
LJ Orphan’s
107
104
N/S
107
104
N/S
0
0
N/S
S
S
S
S
S
~
S/C
~
~
F/C
S
~
C
S
~
Massachusetts
GJ Superior
LJ District
LJ Probate & Family
LJ Juvenile
LJ Housing
LJ Boston Municipal
LJ Land
27
49
23
12
5
12
3
27
49
23
12
5
12
3
0
0
0
0
0
0
0
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
Michigan
GJ Circuit
GJ Claims
LJ District
LJ Probate
LJ Municipal
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
S
S
S
S/C
C
C
C
C
C
C
C
S/C
C
C
C
C
S/C
C
C
C
C
S/C
C
C
C
Minnesota
GJ District
218
197
21
S
S/C
S
S
S/C
Mississippi
GJ Circuit
LJ Chancery
LJ County
LJ Municipal
LJ Justice
N/S
N/S
N/S
N/S
N/S
8
8
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
S
S
C
C
C
C
C
C
C
C
S/C
S/C
C
~
~
C
C
C
~
~
S/C
S/C
C
C
C
Missouri
GJ Circuit
LJ Municipal
202
N/S
105
N/S
97
N/S
S
C
S/C
C
S/C
C
S/C
~
S/C
C
86
State Court Organization, 2004
12
Table 17. Trial Court Expenditures and Funding Sources for Selected Expenditure Items
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; S=State; C=County/Locality; F=Fees;
US=Federal
Equipment
General
Buildings/
Court
Child support
operating
Indigent
Real
Travel
record for
Other
enforcement
expenses
defense
property
expenses
appeal
Automation
capital
Indiana
~
S/C
C
S
C
C
~
F/US
GJ Superior and Circuit
~
~
C
C
C
C
C
C
GJ Probate
C
S/C
C
C
C
C
C
C
LJ County
~
C
C
C
C
~
C
C
LJ City and Town
~
~
C
C
C
~
C
C
LJ Small Claims/Marion County
Iowa
GJ District
S
S
S
C
S
S
S
S
S/C
C
C
C
C
C
C
C
S/C
C
C
C
S
C
S
~
S
S
S
S
S
S
S
S
S
S
S
S
~
~
~
~
Louisiana
GJ District
GJ Juvenile & Family
LJ Justice of the Peace
LJ Mayor’s
LJ City & Parish
F/C
F/C
~
~
F/C
F/C
F/C
~
~
F/C
F/C
F/C
~
~
F/C
C
C
~
~
C
S/F/C
S/F/C
~
~
F/C
S/F/C
S/F/C
~
~
F/C
S/F
S/F/C
~
~
F/S
F
F/US
~
~
F
Maine
GJ Superior
GJ District
LJ Probate
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
Maryland
GJ Circuit
LJ District
LJ Orphan’s
S/C
S
~
C
S
~
S/C
S
~
C
S
~
S/C
S
~
C
S
~
~
S
~
~
~
~
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
~
~
~
~
~
~
~
~
S/C
S/C
S/C
C
C
C
S/C
C
C
C
C
S/C
C
C
C
C
S/C
C
C
C
S/C
S/C
C
C
C
C
S/C
C
C
C
S/C
S/C
C
C
C
S/C/US
~
~
~
~
S
S/C
S/C
C
S
S/C
S
~
Mississippi
GJ Circuit
LJ Chancery
LJ County
LJ Municipal
LJ Justice
S/C
S/C
C
C
C
C
S/C
C
C
C
C
~
~
~
~
C
C
C
C
C
S/C
S/C
C
C
C
S
S
C
C
C
C
N/S
C
N/S
N/S
S
S
C
N/S
N/S
Missouri
GJ Circuit
LJ Municipal
S/C
F/C
C
C
S/F
~
C
C
S/C
C
C
C
S
C
~
~
Kansas
GJ District
LJ Municipal
Kentucky
GJ Circuit
LJ District
Massachusetts
GJ Superior
LJ District
LJ Probate & Family
LJ Juvenile
LJ Housing
LJ Boston Municipal
LJ Land
Michigan
GJ Circuit
GJ Claims
LJ District
LJ Probate
LJ Municipal
Minnesota
GJ District
The judicial branch
87
Table 17. Trial Court Expenditures and Funding Sources for Selected Expenditure Items
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; S=State; C=County/Locality; F=Fees;
US=Federal
Language interpreters
Juvenile
probation/
Pretrial
Adult
ADA
detention Security
Foreign
Sign
Jury costs
services
probation
compliance
Indiana
~
~
~
~
~
~
~
~
GJ Superior and Circuit
C
~
C
C
C
C
C
~
GJ Probate
C
C
C
C
C
C
C
~
LJ County
C
C
C
C
C
C
C
~
LJ City and Town
C
~
C
~
C
C
C
~
LJ Small Claims/Marion County
Iowa
GJ District
S/C
C
S/F
C
S
S
S
C
Kansas
GJ District
LJ Municipal
S/C
C
C
C
C
C
C
C
C
~
C
C
C
C
C
C
~
~
S
S
S
S
S
S
~
~
S
S
~
~
S/C
S/C
S/F/C
S/F/C
~
~
S/F/C
F/C
F/C
~
~
F/C
F/C
F/C
~
~
F/C
F/C
F/C
~
~
F/C
F/C
~
~
~
~
F/C
F/C
~
~
F/C
F/C
~
~
~
S/F/C
F/C
F/C
~
~
F/C
Maine
GJ Superior
GJ District
LJ Probate
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
Maryland
GJ Circuit
LJ District
LJ Orphan’s
~
S
~
C
S
~
S
S
~
S
S
~
S/C
~
~
C
S
~
~
S
~
S/C
S
~
Massachusetts
GJ Superior
LJ District
LJ Probate & Family
LJ Juvenile
LJ Housing
LJ Boston Municipal
LJ Land
S
S
~
S
~
~
~
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
~
S
S
S
~
S
S
S
S
S
S
~
S
S
S
S
~
S
~
S
S
S
S
S
S
S
Michigan
GJ Circuit
GJ Claims
LJ District
LJ Probate
LJ Municipal
C
~
~
~
~
C
C
C
C
C
C
S/C
C
C
C
C
S/C
C
C
C
S/C
S/C
S/C
C
S/C
C
~
C
~
C
S
~
C
~
C
C
C
C
C
C
Minnesota
GJ District
~
S/C
S
S
S
~
~
S/C
Mississippi
GJ Circuit
LJ Chancery
LJ County
LJ Municipal
LJ Justice
C
C
C
N/S
N/S
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
C
C
C
C
C
Missouri
GJ Circuit
LJ Municipal
S/C
~
C
C
S/C/US
S
S
S
S/C
C
C
C
~
C
S/C
C
Kentucky
GJ Circuit
LJ District
Louisiana
GJ District
GJ Juvenile & Family
LJ Justice of the Peace
LJ Mayor’s
LJ City & Parish
88
State Court Organization, 2004
Table 17. Trial Court Expenditures and Funding Sources for Selected Expenditure Items
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; S=State; C=County/Locality; F=Fees;
US=Federal
Judicial expenditures (millions)
Source of salaries for:
$
Paid by
Paid by
Clerks of
Trial court
Court
Other court
Total
State
locality
Judicial
court
administrators reporters
personnel
Montana
16
16
S
S
S
C
S
30.4
30.4
0
GJ District
S
~
~
S
S
.4
.4
0
GJ Workers’ Compensation
S
~
S
S
S
.75
.75
0
GJ Water
C
~
~
C
C
N/S
N/S
N/S
LJ Justice of the Peace
C
C
~
C
C
N/S
N/S
N/S
LJ Municipal
C
~
C
C
C
N/S
N/S
N/S
LJ City
Nebraska
GJ District
LJ Separate Juvenile
LJ County
LJ Workers’ Compensation
20
4
20
17
4
10
2
15
0
10
2
5
0
Nevada
GJ District
LJ Justice
LJ Municipal
100
30
31
10
.1
0
90
18
26
31
New Hampshire
GJ Superior
LJ District
LJ Probate
18
16
4
17
16
4
0
0
0
New Jersey
GJ Superior
LJ Tax
LJ Municipal
404
3
N/S
348
3
N/S
0
0
N/S
New Mexico
GJ District
LJ Magistrate
LJ Metropolitan/Bernalillo County
LJ Municipal
LJ Probate
56
20
N/S
N/S
N/S
49
17
N/S
N/S
N/S
452
452
23
23
14
37
161
100
56
101
N/S
14
37
161
100
56
101
24
1
North Carolina
GJ Superior
LJ District
32
70
North Dakota
GJ District
LJ Municipal
S
S
S
C
C
S
C
C
S
S
S
S
C
C
S
17
17
17
17
17
S
C
C
C
C
C
C
C
C
C
C
~
C
C
C
19
S
S
S
S
S
S
S
S
S
S
~
~
S
S
S
20
S
S
C
S
S
C
S
S
C
S
S
C
S
S
C
3
22
.8
N/S
N/S
N/S
21
S
S
N/S
N/S
N/S
S
S
N/S
N/S
N/S
S
~
N/S
N/S
N/S
S/Attorneys
~
N/S
N/S
N/S
S
S/F
N/S
N/S
N/S
0
0
0
0
0
0
0
100%
S
S
S
S
S
S
S
S
C
S
S
S
S
S
S
S
S
C
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
~
S
S
S
S
S
S
S
S
C
32
70
0
0
S
S
S
S
S
S
S
S
S
S
36
N/S
36
N/S
0
N/S
S
C
S
C
S
N/S
S
N/S
S
C
Ohio
GJ Common Pleas
LJ Municipal
LJ County
LJ Claims
LJ Mayor’s
N/S
N/S
N/S
2
N/S
N/S
N/S
N/S
2
N/S
N/S
N/S
N/S
N/S
N/S
S/C
S/C
S/C
S
C
S/C
C
C
S
C
F/C
C
C
S
C
C
C
C
S
C
C
C
C
S
C
Oklahoma
GJ District
LJ Municipal Not of Record
LJ Municipal of Record
LJ Workers’ Compensation
LJ Tax Review
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
C
N/S
N/S
N/S
N/S
C
N/S
N/S
N/S
N/S
C
N/S
N/S
N/S
N/S
C
N/S
N/S
N/S
N/S
C
N/S
N/S
New York
GJ Supreme
GJ County
GJ Claims
LJ Surrogates’
LJ Family
LJ District and City
LJ NYC Civil
LJ NYC Criminal
LJ Town & Village Justice
23
The judicial branch
89
Table 17. Trial Court Expenditures and Funding Sources for Selected Expenditure Items
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; S=State; C=County/Locality; F=Fees;
US=Federal
Equipment
General
Buildings/
Court
Child support
operating
Indigent
Real
Travel
record for
Other
enforcement
expenses
defense
property
expenses
Automation
appeal
capital
Montana
~
S
S
S
C
S
S
S
GJ District
~
~
S
S
S
S
S
S
GJ Workers’ Compensation
~
~
S
S
S
S
S
S
GJ Water
~
C
C
C
C
~
C
S
LJ Justice of the Peace
~
C
C
C
C
C
C
S
LJ Municipal
~
C
C
C
C
~
C
S
LJ City
Nebraska
GJ District
LJ Separate Juvenile
LJ County
LJ Workers’ Compensation
S/C
S/C
S
17
C
C
C
S
C
S
C
C
C
S/C
S
S
C
C
C
17
17
17
17
17
C
C
C
~
S/C
~
~
~
Nevada
GJ District
LJ Justice
LJ Municipal
C
C
C
C
C
C
C
C
~
C
C
C
C
C
C
C
C
C
C
C
C
~
~
~
New Hampshire
GJ Superior
LJ District
LJ Probate
S
S
S
S
S
S
Parties
Parties
Parties
S
S
S
S
S
S
S
S
S
~
~
~
~
~
~
New Jersey
GJ Superior
LJ Tax
LJ Municipal
S
S
S
S
S
C
S
S
C
C
S
C
S
S
C
S
S
C
~
~
C
S/US
~
~
New Mexico
GJ District
LJ Magistrate
LJ Metropolitan/Bernalillo County
LJ Municipal
LJ Probate
S/F
S/F
N/S
N/S
N/S
S
S
N/S
N/S
N/S
S/Parties
~
N/S
N/S
N/S
C
S
N/S
N/S
N/S
S
S
N/S
N/S
N/S
S
S/F
N/S
N/S
N/S
S
S
N/S
N/S
N/S
S/US
~
N/S
N/S
N/S
New York
GJ Supreme
GJ County
GJ Claims
LJ Surrogates’
LJ Family
LJ District and City
LJ NYC Civil
LJ NYC Criminal
LJ Town & Village Justice
S
S
S
S
S
S
S
S
S/C
C
C
C
C
C
C
C
S
C
C
C
C
~
C
C
C
S
C
S/C
S/C
S/C
S/C
S/C
S/C
S/C
S/C
C
S
S
S
S
S
S
S
S
C
S
S
S
S
S
S
S
S
C
C
C
C
~
C
C
C
C
C
C
C
C
~
C
C
C
C
C
North Carolina
GJ Superior
LJ District
S
S
S
S
S/F
S/F
C
C
S
S
S
S
S
S
S/C
S/C
North Dakota
GJ District
LJ Municipal
S
S
S
S
~
~
C
C
S
C
S
C
S
C
S
~
Ohio
GJ Common Pleas
LJ Municipal
LJ County
LJ Claims
LJ Mayor’s
F/C
F/C
F/C
S
C
C
C
C
S
C
C
C
C
S
C
C
C
C
S
C
C
C
C
S
C
C
C
C
S
C
S/C/F
C
C
~
C
S/C
C
C
~
C
Oklahoma
GJ District
LJ Municipal Not of Record
LJ Municipal of Record
LJ Workers’ Compensation
LJ Tax Review
N/S
N/S
C
N/S
N/S
N/S
N/S
C
N/S
N/S
N/S
N/S
C
N/S
N/S
N/S
N/S
C
N/S
N/S
N/S
N/S
C
N/S
N/S
N/S
N/S
C
N/S
N/S
N/S
N/S
C
N/S
N/S
N/S
N/S
~
N/S
N/S
90
State Court Organization, 2004
Table 17. Trial Court Expenditures and Funding Sources for Selected Expenditure Items
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; S=State; C=County/Locality; F=Fees;
US=Federal
Language interpreters
Juvenile
probation/
Pretrial
Adult
ADA
detention
Security
Foreign
Sign
Jury costs
services
probation
compliance
Montana
S
~
S
S
S
S
C
S
GJ District
~
~
~
~
~
~
~
~
GJ Workers’ Compensation
S
~
S
~
S
S
C
~
GJ Water
C
~
C
C
C
C
C
~
LJ Justice of the Peace
C
~
C
C
C
C
C
~
LJ Municipal
C
~
C
C
C
C
C
~
LJ City
Nebraska
GJ District
LJ Separate Juvenile
LJ County
LJ Workers’ Compensation
S/C
S/C
S/C
~
C
~
~
S
S
S
S
S
S
S
S
C
~
C
~
C
C
C
~
S
S
S
~
S/C
S/C
S/C
Nevada
GJ District
LJ Justice
LJ Municipal
C
~
~
C
C
C
C
C
C
N/S
C
C
F/C
N/S
~
~
~
C
~
~
C
N/S
N/S
N/S
New Hampshire
GJ Superior
LJ District
LJ Probate
~
~
~
S
S
S
S
S
S
S
S
S
S
~
~
~
~
~
~
~
~
S
S
S
New Jersey
GJ Superior
LJ Tax
LJ Municipal
S/C
~
~
S/C
S
C
S
S
C
S
S
C
S
~
~
S/C
~
~
S
~
S
S
S
C
New Mexico
GJ District
LJ Magistrate
LJ Metropolitan/Bernalillo County
LJ Municipal
LJ Probate
S/C
~
N/S
N/S
N/S
S/C
S
N/S
N/S
N/S
S
S
N/S
N/S
N/S
S
S
N/S
N/S
N/S
S/Parties
S/F
N/S
N/S
N/S
S
~
N/S
N/S
N/S
S
C
N/S
N/S
N/S
S
S
N/S
N/S
N/S
New York
GJ Supreme
GJ County
GJ Claims
LJ Surrogates’
LJ Family
LJ District and City
LJ NYC Civil
LJ NYC Criminal
LJ Town & Village Justice
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
C
S
S
S
S
S
S
S
S
C
S
S
S
S
S
S
S
S
C
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
North Carolina
GJ Superior
LJ District
~
~
C
C
S/F
S/F
S
S
S
S
~
~
~
~
S/C
S/C
North Dakota
GJ District
LJ Municipal
S
~
C
C
S
C
S
C
S
~
C
C
S
~
C
C
Ohio
GJ Common Pleas
LJ Municipal
LJ County
LJ Claims
LJ Mayor’s
S/C
C
C
~
C
C
C
C
S
C
C
C
C
S
C
C
C
C
S
C
C
C
C
S
C
C
C
C
~
C
C
C
C
~
C
C
C
C
S
C
Oklahoma
GJ District
LJ Municipal Not of Record
LJ Municipal of Record
LJ Workers’ Compensation
LJ Tax Review
N/S
N/S
C
N/S
N/S
N/S
N/S
C
N/S
N/S
N/S
N/S
C
N/S
N/S
N/S
N/S
C
N/S
N/S
N/S
N/S
C
N/S
N/S
N/S
N/S
C
N/S
N/S
N/S
N/S
C
N/S
N/S
N/S
N/S
C
N/S
N/S
17
17
The judicial branch
91
Table 17. Trial Court Expenditures and Funding Sources for Selected Expenditure Items
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; S=State; C=County/Locality; F=Fees;
US=Federal
Judicial expenditures (millions)
Source of salaries for:
$
Paid by
Paid by
Clerks of
Trial court
Court
Other court
Total
State
locality
Judicial
court
administrators reporters
personnel
Oregon
25
S
S
S
~
200
184
0
S
GJ Circuit
S
S
S
~
S
3
3
0
GJ Tax
C
C
C
C
C
N/S
N/S
N/S
LJ County
C
C
C
C
C
N/S
N/S
N/S
LJ Justice
C
C
C
C
C
N/S
N/S
N/S
LJ Municipal
Pennsylvania
GJ Common Pleas
LJ Philadelphia Municipal
LJ Magisterial District Judges
LJ Philadelphia Traffic
N/S
N/S
N/S
N/S
105
5
52
.7
N/S
N/S
N/S
N/S
S
S
S
S
C
C
C
C
S
S
S
S
C
C
~
~
C
C
C
S
Puerto Rico
GJ First Instance
NR
NR
NR
NR
NR
NR
NR
NR
Rhode Island
GJ Superior
LJ Workers’ Compensation
LJ District
LJ Family
LJ Probate
LJ Municipal
LJ Traffic Tribunal
17
7
8
17
N/S
N/S
6
17
.8
8
14
N/S
N/S
6
0
27
0
0
28
0
N/S
N/S
0
S/US
F
S
S/US
N/S
N/S
S
S
F
S
S
N/S
N/S
S
S
F
S
S
N/S
N/S
S
S
F
S
S
N/S
N/S
S
S
F
S
S/US
N/S
N/S
S
South Carolina
GJ Circuit
LJ Family
LJ Magistrate
LJ Probate
LJ Municipal
N/S
N/S
32
N/S
14
10
9
0
N/S
0
N/S
N/S
32
N/S
14
S
S
C
C
C
C
C
C
C
C
~
~
C
~
C
S
S
~
~
~
S/C
S/C
C
C
C
South Dakota
GJ Circuit
LJ Magistrate
26.5
26.5
29
29
0
S
S
S
S
S
S
S
S
S
S
Tennessee
GJ Circuit
GJ Chancery
GJ Criminal
GJ Probate
LJ Juvenile
LJ Municipal
LJ General Sessions
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
S
S
S
N/S
C
C
C
C
C
C
N/S
C
C
C
C
C
C
N/S
C
C
C
S
S
S
N/S
C
C
C
S
C
C
N/S
C
C
C
Texas
GJ District
LJ County-level
LJ Justice of the Peace
LJ Municipal
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
S/C
S/C
C
C
C
C
C
C
C
C
~
C
C
C
~
C
C
C
C
C
Utah
GJ District
LJ Justice
LJ Juvenile
33
N/S
25
32
N/S
24.25
1
N/S
30
0
S
C
S
S
C
S
S
C
S
S/F
~
S
S
C
S
6
8
9
3
.3
1
3
8
9
3
.3
1
3
0
0
.4
0
0
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
~
S
S
S
S
S
S
S
S
C
S
S
S
S
S
N/S
157
112
157
N/S
0
S
S
S/C
S
~
~
~
~
S/C
S
Vermont
GJ Superior
GJ District
GJ Family
LJ Probate
LJ Environmental
LJ Judicial Bureau
Virginia
GJ Circuit
LJ District
92
State Court Organization, 2004
29
Table 17. Trial Court Expenditures and Funding Sources for Selected Expenditure Items
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; S=State; C=County/Locality; F=Fees;
US=Federal
Equipment
General
Buildings/
Court
Child support
operating
Indigent
Real
Travel
record for
Other
enforcement
expenses
defense
property
expenses
appeal
Automation
capital
Oregon
S/C
S
S
S/US
C
S/C
S
S
GJ Circuit
~
~
S
S
S
S
S
S
GJ Tax
C
C
C
C
C
C
C
C
LJ County
~
C
C
C
C
C
C
C
LJ Justice
~
C
C
C
C
C
C
C
LJ Municipal
Pennsylvania
GJ Common Pleas
LJ Philadelphia Municipal
LJ Magisterial District Judges
LJ Philadelphia Traffic
S/C
C
S/C
C
C
C
C
C
C
C
C
C
C
C
C
C
S/C
S/C
S/C
S/C
C
C
C
C
C
C
C
~
S/C/US
US
~
~
Puerto Rico
GJ First Instance
NR
NR
NR
NR
NR
NR
NR
NR
Rhode Island
GJ Superior
LJ Workers’ Compensation
LJ District
LJ Family
LJ Probate
LJ Municipal
LJ Traffic Tribunal
S
F
S
S
N/S
N/S
S
S
F
S
S
N/S
N/S
S
S
F
S
S/Attorneys
N/S
N/S
S
S
S
S
S
N/S
N/S
S
S
F
S
S/US
N/S
N/S
S
S
F
S
S
N/S
N/S
S
S
~
S
S
N/S
N/S
~
~
~
~
S/US
N/S
N/S
~
South Carolina
GJ Circuit
LJ Family
LJ Magistrate
LJ Probate
LJ Municipal
S/US/C
S/US/C
US/C
C
US/C
S/C
S/C
C
C
C
~
C
C
C
C
C
C
C
C
C
S
S
C
C
C
S/C
S/C
C
C
C
S
S
S/C
~
S/C
~
S/C
~
~
~
South Dakota
GJ Circuit
LJ Magistrate
S
S
S
S
S
S
C
C
S
S
S
S
C
C
~
~
S
S
S
N/S
C
C
C
S
S
S
N/S
C
C
C
C
C
C
N/S
C
C
C
C
C
C
N/S
C
C
C
S
S
S
N/S
C
C
C
S
S
S
N/S
C
C
C
S
S
S
N/S
S
S
S
S/US
S/US
S/US
N/S
S/US
S/US
S/US
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
S/C
C
C
C
C
C
C
C
S/C
S/C
~
~
S/C
S/C
~
~
S
C/F/S
S
S
C/F
S
F
C
S
S
C
S
S
C
S
S
C
S
C
C
C
S/US
~
S
S/US/C
S
S
C
S
S
C
S
S
C
S
S
S
S
S
S
S
S
C
~
~
C
~
~
S
S
S
S
S
S
S/C
S
S
S/C
S
S
~
~
~
~
~
~
~
~
~
~
~
~
S/C
S/C
C
C
S/C
~
C
C
S/C
S
S/C
S
S/C
S/C
~
~
Tennessee
GJ Circuit
GJ Chancery
GJ Criminal
GJ Probate
LJ Juvenile
LJ Municipal
LJ General Sessions
Texas
GJ District
LJ County-level
LJ Justice of the Peace
LJ Municipal
Utah
GJ District
LJ Justice
LJ Juvenile
Vermont
GJ Superior
GJ District
GJ Family
LJ Probate
LJ Environmental
LJ Judicial Bureau
Virginia
GJ Circuit
LJ District
The judicial branch
93
Table 17. Trial Court Expenditures and Funding Sources for Selected Expenditure Items
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; S=State; C=County/Locality; F=Fees;
US=Federal
Language interpreters
Juvenile
probation/
Pretrial
Adult
ADA
detention
Security
Foreign
Sign
Jury costs
services
probation
compliance
Oregon
26
S/US
C
C
S/C
S
C
S
S
GJ Circuit
S
~
~
~
~
S
S
S
GJ Tax
C
~
C
~
C
C
C
C
LJ County
C
C
C
C
C
C
C
C
LJ Justice
C
C
C
C
~
C
C
C
LJ Municipal
Pennsylvania
GJ Common Pleas
LJ Philadelphia Municipal
LJ Magisterial District Judges
LJ Philadelphia Traffic
~
~
~
~
C
C
C
C
C
C
C
C
C
C
C
C
S/C
C
~
~
C
C
~
~
~
~
~
~
C
C
C
C
Puerto Rico
GJ First Instance
NR
NR
NR
NR
NR
NR
NR
NR
Rhode Island
GJ Superior
LJ Workers’ Compensation
LJ District
LJ Family
LJ Probate
LJ Municipal
LJ Traffic Tribunal
~
~
~
~
N/S
N/S
~
S
S
S
S
N/S
N/S
S
S
Attorneys
S
S
N/S
N/S
S
S
Attorneys
S
S
N/S
N/S
S
S
~
~
S
N/S
N/S
~
S
~
S
S/US
N/S
N/S
~
~
~
~
~
N/S
N/S
~
S
S/F
S
S
N/S
N/S
S
South Carolina
GJ Circuit
LJ Family
LJ Magistrate
LJ Probate
LJ Municipal
~
S
~
~
~
C
C
C
C
C
S/C
S/C
S/C
S/C
S/C
S/C
S/C
S/C
S/C
S/C
C
~
C
C
C
~
~
C
~
C
S
~
~
~
~
C
C
C
C
C
South Dakota
GJ Circuit
LJ Magistrate
S
S
C
C
C
C
C
C
C
C
~
~
S
S
C
C
Tennessee
GJ Circuit
GJ Chancery
GJ Criminal
GJ Probate
LJ Juvenile
LJ Municipal
LJ General Sessions
C
C
C
N/S
C
C
C
C
C
C
N/S
C
C
C
S/C
S/C
S/C
N/S
S
S
S
S/C
S/C
S/C
N/S
C
C
C
C
C
C
N/S
C
~
C
C
C
C
N/S
C
~
C
S
S
C
N/S
~
~
C
C
C
C
N/S
C
C
C
Texas
GJ District
LJ County-level
LJ Justice of the Peace
LJ Municipal
S/C
C
~
~
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
~
~
S/C
S/C
~
~
C
C
C
C
Utah
GJ District
LJ Justice
LJ Juvenile
S
~
S
S
C/F
S/C
S
C
S
S
C
S
S
C
S
C
C
C
S
~
S
S
C
S
Vermont
GJ Superior
GJ District
GJ Family
LJ Probate
LJ Environmental
LJ Judicial Bureau
~
~
~
~
~
~
S/C
S
S
C
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
S/C
S
S
S
S
S
Virginia
GJ Circuit
LJ District
~
~
C
C
S
S
S
S
S
~
~
~
~
~
S/C
S/C
94
State Court Organization, 2004
Table 17. Trial Court Expenditures and Funding Sources for Selected Expenditure Items
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; S=State; C=County/Locality; F=Fees;
US=Federal
Judicial expenditures (millions)
Source of salaries for:
$
Paid by
Paid by
Clerks of
Trial court
Court
Other court
Total
State
locality
Judicial
court
administrators reporters
personnel
Washington
31
31
31
C
C
C
C
S/C
234
45
189
GJ Superior
31
31
C
~
C/F
C/F
C/F
65
0
65
LJ District
31
31
C
~
C/F
C
C
43
0
43
LJ Municipal
West Virginia
GJ Circuit
LJ Magistrate
LJ Municipal
LJ Family
N/S
N/S
N/S
7
N/S
N/S
N/S
N/S
N/S
N/S
N/S
33
N/S
S
S
N/S
S
C
S
N/S
C
S
S
N/S
C
S
S
N/S
~
S
S
N/S
S
Wisconsin
GJ Circuit
LJ Municipal
187
N/S
90
N/S
97
N/S
S
C/F
C
C/F
S
C/F
S
C/F
C
C/F
Wyoming
GJ District
LJ Circuit
LJ Municipal
25
17
N/S
10
17
N/S
15
.5
N/S
S
S
C
C
S
C
~
~
~
S
~
~
S/C
S
C
FOOTNOTES:
Alabama:
1
Circuit and District Court funding is unified. The total budget for both courts is
$151 million.
Montana:
Includes $11.5 million of variable costs, which are primarily public defender
costs paid by the judiciary.
Alaska:
2
The court system does not break down trial court costs between the Superior
and District courts. Total expenses equaled $44 million in FY 2004.
3
Although the judicial branch is generally not responsible for providing foreign
language interpreters, there are some instances where it is provided. In that
case, 60 percent of the funding comes from the state and 40 percent from the
federal government.
Nebraska:
17
The Worker’s Compensation Court is funded by a cash fund which is
supported by assessments against Workers’ Compensation insurers, self insured
employers and intergovernmental risk management pools.
Colorado:
4
The expenses for the Denver Juvenile Court are included in the Denver District
Court budget.
5
The expenses for the Water and County Courts are included in the District
Court budget.
Connecticut:
6
Approximately 93 percent of the Probate Court budget is generated by fees and
surcharges.
Delaware:
7
Approximately 2.4 percent of the total Court of Common Pleas budget is
generated by fees and surcharges.
District of Columbia:
8
The Superior Court receives funding directly from Congress.
Florida:
9
Circuit and County Court funding is unified. The total budget for both courts is
$331 million.
Hawaii:
10
Expenditures are tracked by geographical circuits rather than by levels of
court.
Idaho:
11
The expenses for the Magistrate’s Division are included in the District Court
budget.
Kentucky:
12
The remainder of Circuit Court expenditures are paid by federal funds.
Louisiana:
13
Approximately 15 percent of the Juvenile and Family Court budget is
generated by fees and surcharges.
14
Approximately 53 percent of the Justice of the Peace Court budget is
generated by fees and surcharges.
15
Approximately 48 percent of the City and Parish Court budget is generated by
fees and surcharges.
16
Nevada:
18
Approximately four percent of the Justice Court budget is generated by fees
and surcharges.
New Hampshire:
19
The remainder of Superior Court expenditures are paid by federal funds.
New Jersey:
20
The Superior Court generates approximately $60 million in fees that are
returned to the general fund.
New Mexico:
21
Approximately one percent of the District Court budget is generated by fees
and surcharges.
22
Approximately 13 percent of the Magistrate Court budget is generated by fees
and surcharges.
New York:
23
The expenses for the County Court are included in the Supreme Court budget.
24
The state funds the Town and Village Resource Center and the Justice Court
Assistance Program for the Town and Village Courts.
Oregon:
25
The remainder of Circuit Court expenditures are paid by federal and grant
funds.
26
Some Circuit Courts cover security improvements with their operating budget,
which is funded by the state.
Rhode Island:
27
Approximately 90 percent of the Worker’s Compensation Court budget is
generated by assessment fees that are paid by insurance carriers and selfinsured employers and that are based on gross premiums of Worker’s
Compensation insurance.
28
The remainder of Family Court expenditures are paid by federal funds.
South Dakota:
29
The expenses for the Magistrate Court are included in the Circuit Court budget.
Utah:
30
Approximately three percent of the Juvenile Court budget is generated by fees
and surcharges.
The judicial branch
95
Table 17. Trial Court Expenditures and Funding Sources for Selected Expenditure Items
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; S=State; C=County/Locality; F=Fees;
US=Federal
Equipment
General
Buildings/
Court
Child support
operating
Indigent
Real
Travel
record for
Other
enforcement
expenses
defense
property
expenses
appeal
Automation
capital
Washington
C
C
C
S/C
C
C
C
S/C
GJ Superior
~
C/F
C
C
C
C
C
S/C
LJ District
~
C/F
C
C
C
C
C
C
LJ Municipal
West Virginia
GJ Circuit
LJ Magistrate
LJ Municipal
LJ Family
S
S
N/S
S
C
S
N/S
S
S32
S
N/S
C
C
S
N/S
S
S
S
N/S
S
C
S
N/S
S
Wisconsin
GJ Circuit
LJ Municipal
S
C/F
C
C/F
F
C/F
C
C/F
S
C/F
C
C/F
S/C
~
Wyoming
GJ District
LJ Circuit
LJ Municipal
S/C
S
S/C
S/C
C
C
C
Litigant
C
C
C
C
S
S
C
S/C
S
C
~
~
~
Washington:
31
These are fiscal year 2000 expenditures. All dollar amounts exclude the cost
of indigent defense. Total indigent defense expenditures are estimated at $79
million and are paid by the counties/localities with some cost recoupment from
fees levied as part of the judgment and sentence for convictions in the District
and Municipal Courts.
S
S
N/S
~
34
S
S
N/S
S
~
~
S/C
~
~
West Virginia:
The state pays for the court record for appeal only in cases where the
defendant is indigent.
33
Approximately 12 percent of the Family Court budget is generated by fees and
surcharges.
32
Wisconsin:
34
The county/locality pays the indigent defense costs for those who do not meet
the state public defender indigency standards, but the judge has determined are
indigent.
96
State Court Organization, 2004
Table 17. Trial Court Expenditures and Funding Sources for Selected Expenditure Items
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; S=State; C=County/Locality; F=Fees;
US=Federal
Language interpreters
Juvenile
probation/
Pretrial
Adult
ADA
detention
Security
Foreign
Sign
Jury costs
services
probation
compliance
Washington
C
~
~
C
C
C
C
S/C
GJ Superior
C
C/F
C
C
C
C
C
~
LJ District
C
C/F
C
C
C
C
C
~
LJ Municipal
West Virginia
GJ Circuit
LJ Magistrate
LJ Municipal
LJ Family
S
S
N/S
~
C
S
N/S
C
S
S
N/S
S
S
S
N/S
S
S
S
N/S
~
C
S
N/S
~
S
S
N/S
~
C
S
N/S
S
Wisconsin
GJ Circuit
LJ Municipal
~
~
C
C/F
S/C
C/F
S/C
C/F
C
~
~
C/F
~
~
C
C/F
Wyoming
GJ District
LJ Circuit
LJ Municipal
~
~
~
C
S/US/C
C
S/C
S
C
S/C
S
C
C
S
C
~
~
~
~
~
~
C
N/S
~
The judicial branch
97
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility; ~=Not applicable
Total
staff
Alabama
SC Supreme Court
Court of Civil Appeals
IA
Court of Criminal Appeals
IA
Accounting
Accounts
payable
Administrative
meetings
Appointments/Assignments for:
Sitting
Supplemental Administrative
justices
justices
staff
13
6
8
W
W
W
W
W
W
A
T
A
A
A
A
A
A
A
W
T
A
12
2
T
T
A
A
T
T
A
A
A
A
T
T
14
22
10
T
W
W
W
W
W
A
A
T
A
A
A
A
A
T
A
W
A
14
3
A
A
A
A
A
A
A
A
A
A
A
A
California
SC Supreme Court
st
Courts of Appeal, 1 District
IA
nd
IA
Courts of Appeal, 2 District
rd
IA
Courts of Appeal, 3 District
th
IA
Courts of Appeal, 4 District
th
IA
Courts of Appeal, 5 District
th
IA
Courts of Appeal, 6 District
22
30
37
23
12
17
10
T
T
W
T
W
A
W
T
T
W
T
W
T
W
W
T
W
A
W
A
T
A
A
T
A
A
A
A
A
A
W
A
A
A
A
W
W
W
T
T
W
A
Colorado
SC Supreme Court
IA
Court of Appeals
6
9
T
W
W
W
A
T
A
W
A
W
T
W
16
6
A
A
A
A
T
T
A
A
A
A
W
W
5
A
T
A
A
T
W
District of Columbia
SC Court of Appeals
N/S
W
W
W
A
A
W
Florida
SC Supreme Court
First District Court of Appeal
IA
Second District Court of Appeal
IA
Third District Court of Appeal
IA
Fourth District Court of Appeal
IA
Fifth District Court of Appeal
IA
NR
17
16
13
15
10
NR
NR
NR
NR
NR
NR
A
A
A
A
A
A
A
A
A
A
T
A
A
A
A
A
A
A
W
A
A
A
A
A
A
T
A
A
A
T
Georgia
SC Supreme Court
IA
Court of Appeals
10
11
W
A
W
A
W
T
W
A
W
T
W
T
Hawaii
SC Supreme Court
IA
Intermediate Court of Appeals
13
W
W
W
W
A
A
A
A
A
A
W
W
Idaho
SC Supreme Court
IA
Court of Appeals
7
8
A
A
A
A
A
A
W
W
W
W
A
A
16
29
13
20
7
14
T
W
T
T
T
T
T
W
A
T
W
T
A
A
T
T
W
T
T
A
A
A
A
A
A
A
A
A
A
A
A
A
A
W
W
T
14
W
W
A
W
W
A
W
W
A
A
A
A
A
A
A
W
W
W
Alaska
SC Supreme Court
IA
Court of Appeals
Arizona
SC Supreme Court
Court of Appeal, Division One
IA
Court of Appeal, Division Two
IA
Arkansas
SC Supreme Court
IA
Court of Appeals
Connecticut
SC Supreme Court
IA
Appellate Court
Delaware
SC Supreme Court
Illinois
SC Supreme Court
First District Court of Appeals
IA
Second District Court of Appeals
IA
Third District Court of Appeals
IA
Fourth District Court of Appeals
IA
Fifth District Court of Appeals
IA
Indiana
SC Supreme Court
Court of Appeals
IA
Tax Court
IA
98
State Court Organization, 2004
7
9
9
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility; ~=Not applicable
Attorney
admissions
Attorney
registration
Audits
Bar grievance
matters
Budget
preparation
Commissions and
boards
Alabama
SC Supreme Court
Court of Civil Appeals
IA
Court of Criminal Appeals
IA
W
A
A
T
A
A
W
W
A
T
A
A
W
W
W
A
A
A
Alaska
SC Supreme Court
IA
Court of Appeals
T
T
T
T
A
A
T
T
T
T
A
A
Arizona
SC Supreme Court
Court of Appeal, Division One
IA
Court of Appeal, Division Two
IA
T
A
A
A
A
T
A
A
A
A
A
A
A
W
W
A
A
A
Arkansas
SC Supreme Court
IA
Court of Appeals
A
A
T
T
A
A
A
A
A
A
A
A
California
SC Supreme Court
st
Courts of Appeal, 1 District
IA
nd
IA
Courts of Appeal, 2 District
rd
IA
Courts of Appeal, 3 District
th
IA
Courts of Appeal, 4 District
th
IA
Courts of Appeal, 5 District
th
IA
Courts of Appeal, 6 District
T
W
W
W
T
T
A
T
A
A
A
A
A
A
T
A
W
A
A
A
W
T
A
A
A
A
A
A
T
T
T
T
T
T
W
T
T
T
A
A
A
A
Colorado
SC Supreme Court
IA
Court of Appeals
T
A
T
A
A
A
T
A
T
T
T
A
Connecticut
SC Supreme Court
IA
Appellate Court
T
T
T
T
A
A
A
A
A
A
T
T
Delaware
SC Supreme Court
T
W
A
T
A
A
District of Columbia
SC Court of Appeals
W
T
A
T
W
A
NR
NR
NR
NR
NR
NR
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
T
A
A
A
A
T
A
A
A
A
Georgia
SC Supreme Court
IA
Court of Appeals
W
T
T
A
W
A
T
A
W
T
W
A
Hawaii
SC Supreme Court
IA
Intermediate Court of Appeals
W
A
W
A
A
A
A
A
T
T
A
A
Idaho
SC Supreme Court
IA
Court of Appeals
W
W
A
A
A
A
T
A
T
T
A
A
Illinois
SC Supreme Court
First District Court of Appeals
IA
Second District Court of Appeals
IA
Third District Court of Appeals
IA
Fourth District Court of Appeals
IA
Fifth District Court of Appeals
IA
T
A
T
A
A
A
T
A
A
A
A
A
T
A
A
T
T
T
A
A
A
A
A
A
A
A
T
T
A
T
T
A
A
A
A
A
Indiana
SC Supreme Court
Court of Appeals
IA
Tax Court
IA
T
T
W
T
T
W
A
A
A
A
A
A
W
W
A
T
T
A
Florida
SC Supreme Court
First District Court of Appeal
IA
Second District Court of Appeal
IA
Third District Court of Appeal
IA
Fourth District Court of Appeal
IA
Fifth District Court of Appeal
IA
The judicial branch
99
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility; ~=Not applicable
Community
outreach
Data
processing
Facilities
management
Generate court
statistics
Information/Computer
systems
Judicial
education
Alabama
SC Supreme Court
Court of Civil Appeals
IA
Court of Criminal Appeals
IA
T
T
A
T
W
T
A
T
A
T
W
W
T
W
T
A
T
T
Alaska
SC Supreme Court
IA
Court of Appeals
A
A
W
W
T
T
W
W
A
A
A
A
Arizona
SC Supreme Court
Court of Appeal, Division One
IA
Court of Appeal, Division Two
IA
A
W
A
T
W
A
A
A
A
T
W
T
A
W
T
A
T
A
Arkansas
SC Supreme Court
IA
Court of Appeals
A
A
T
T
T
T
T
T
T
T
A
A
California
SC Supreme Court
st
Courts of Appeal, 1 District
IA
nd
IA
Courts of Appeal, 2 District
rd
IA
Courts of Appeal, 3 District
th
IA
Courts of Appeal, 4 District
th
IA
Courts of Appeal, 5 District
th
IA
Courts of Appeal, 6 District
T
W
W
W
T
W
T
A
T
W
W
A
W
W
T
W
T
T
T
T
W
T
T
W
W
T
W
W
T
T
W
T
T
W
W
A
A
A
T
T
A
A
Colorado
SC Supreme Court
IA
Court of Appeals
T
T
T
T
T
T
T
W
T
T
A
A
Connecticut
SC Supreme Court
IA
Appellate Court
T
T
T
T
A
A
T
T
T
T
T
T
Delaware
SC Supreme Court
A
W
T
W
T
A
District of Columbia
SC Court of Appeals
T
W
T
W
W
A
NR
NR
NR
NR
NR
NR
T
A
A
A
A
T
A
A
W
A
T
A
A
A
A
W
A
A
T
W
T
A
A
A
A
A
A
A
A
A
Georgia
SC Supreme Court
IA
Court of Appeals
T
T
W
W
T
T
W
W
W
W
T
T
Hawaii
SC Supreme Court
IA
Intermediate Court of Appeals
W
W
W
W
A
A
W
W
A
A
A
A
Idaho
SC Supreme Court
IA
Court of Appeals
A
A
A
A
A
A
T
T
A
A
A
A
Illinois
SC Supreme Court
First District Court of Appeal
IA
Second District Court of Appeals
IA
Third District Court of Appeals
IA
Fourth District Court of Appeals
IA
Fifth District Court of Appeals
IA
A
A
A
W
A
A
T
A
T
T
T
T
A
A
W
W
W
T
T
W
W
W
W
T
T
A
T
T
A
T
A
A
A
A
A
A
Indiana
SC Supreme Court
Court of Appeals
IA
Tax Court
IA
W
W
A
W
W
W
T
T
A
A
A
A
T
T
A
A
A
A
Florida
SC Supreme Court
First District Court of Appeal
IA
Second District Court of Appeal
IA
Third District Court of Appeal
IA
Fourth District Court of Appeal
IA
Fifth District Court of Appeal
IA
100 State Court Organization, 2004
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility; ~=Not applicable
Judicial
qualifications
Law libraries
Legal research
Liaison with
legislature
Payroll
Personnel
Alabama
SC Supreme Court
Court of Civil Appeals
IA
Court of Criminal Appeals
IA
A
A
A
A
A
A
W
T
T
A
T
T
W
W
W
T
W
T
Alaska
SC Supreme Court
IA
Court of Appeals
A
A
A
A
T
T
A
A
A
A
T
T
Arizona
SC Supreme Court
Court of Appeal, Division One
IA
Court of Appeal, Division Two
IA
A
A
A
A
T
W
T
T
T
A
A
A
T
W
W
W
W
W
Arkansas
SC Supreme Court
IA
Court of Appeals
A
A
A
A
A
A
A
A
T
T
T
T
California
SC Supreme Court
st
Courts of Appeal, 1 District
IA
nd
IA
Courts of Appeal, 2 District
rd
IA
Courts of Appeal, 3 District
th
IA
Courts of Appeal, 4 District
th
IA
Courts of Appeal, 5 District
th
IA
Courts of Appeal, 6 District
A
A
A
T
A
T
A
A
A
A
A
A
W
A
W
T
T
A
A
A
A
T
A
A
A
A
A
A
T
T
T
T
T
T
W
T
T
T
T
T
T
W
Colorado
SC Supreme Court
IA
Court of Appeals
A
T
T
A
A
T
A
A
T
T
T
T
Connecticut
SC Supreme Court
IA
Appellate Court
A
A
A
A
T
T
A
A
A
A
T
T
Delaware
SC Supreme Court
A
A
T
A
A
A
District of Columbia
SC Court of Appeals
A
W
T
A
T
T
NR
NR
NR
NR
NR
NR
A
A
A
A
A
A
A
A
A
A
T
A
A
A
A
T
A
A
A
A
A
A
A
A
A
T
A
A
T
A
Georgia
SC Supreme Court
IA
Court of Appeals
W
A
W
W
W
W
T
T
W
W
W
W
Hawaii
SC Supreme Court
IA
Intermediate Court of Appeals
A
A
A
A
A
A
A
A
T
T
A
A
Idaho
SC Supreme Court
IA
Court of Appeals
A
A
A
A
T
A
A
A
A
A
A
A
Illinois
SC Supreme Court
First District Court of Appeal
IA
Second District Court of Appeals
IA
Third District Court of Appeals
IA
Fourth District Court of Appeal
IA
Fifth District Court of Appeal
IA
A
A
A
A
A
A
A
A
T
W
W
T
T
A
T
T
W
W
A
A
A
A
A
A
A
T
T
A
A
T
T
W
W
W
T
T
Indiana
SC Supreme Court
Court of Appeals
IA
Tax Court
IA
A
A
A
A
A
A
A
A
A
W
W
A
W
W
A
W
W
A
Florida
SC Supreme Court
First District Court of Appeal
IA
Second District Court of Appeal
IA
Third District Court of Appeal
IA
Fourth District Court of Appeal
IA
Fifth District Court of Appeal
IA
The judicial branch 101
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility; ~=Not applicable
Property control
Purchasing
Records
management
Research/
Planning
Security
Other
Alabama
SC Supreme Court
Court of Civil Appeals
IA
Court of Criminal Appeals
IA
W
W
W
W
W
W
W
W
W
T
T
T
A
A
A
W
Alaska
SC Supreme Court
IA
Court of Appeals
A
A
A
A
T
T
T
T
T
T
Arizona
SC Supreme Court
Court of Appeal, Division One
IA
Court of Appeal, Division Two
IA
W
W
W
W
W
W
W
W
W
W
W
T
A
A
A
Arkansas
SC Supreme Court
IA
Court of Appeals
T
T
T
T
W
W
A
A
A
A
California
SC Supreme Court
st
Courts of Appeal, 1 District
IA
nd
IA
Courts of Appeal, 2 District
rd
IA
Courts of Appeal, 3 District
th
IA
Courts of Appeal, 4 District
th
IA
Courts of Appeal, 5 District
th
IA
Courts of Appeal, 6 District
T
W
W
T
W
W
W
T
W
W
T
T
W
W
W
W
W
W
A
W
W
T
W
T
T
T
T
A
A
T
T
T
A
A
W
Colorado
SC Supreme Court
IA
Court of Appeals
W
W
W
W
W
W
T
T
T
T
Connecticut
SC Supreme Court
IA
Appellate Court
A
A
T
T
W
W
T
T
A
A
Delaware
SC Supreme Court
T
T
T
T
T
District of Columbia
SC Court of Appeals
W
W
W
W
A
NR
NR
NR
NR
NR
A
A
A
T
A
A
A
A
A
A
T
T
A
W
W
T
A
A
A
A
A
A
A
A
A
Georgia
SC Supreme Court
IA
Court of Appeals
W
T
W
W
W
W
W
W
W
T
Hawaii
SC Supreme Court
IA
Intermediate Court of Appeals
W
W
W
W
W
W
A
A
A
A
Idaho
SC Supreme Court
IA
Court of Appeals
A
A
A
A
T
W
A
A
A
T
Illinois
SC Supreme Court
First District Court of Appeal
IA
Second District Court of Appeals
IA
Third District Court of Appeals
IA
Fourth District Court of Appeal
IA
Fifth District Court of Appeal
IA
T
T
T
W
T
T
T
T
T
W
T
T
W
W
T
W
W
T
W
T
T
W
T
T
A
T
W
W
T
T
Indiana
SC Supreme Court
Court of Appeals
IA
Tax Court
IA
W
W
A
W
W
A
W
W
W
W
W
A
T
T
A
Florida
SC Supreme Court
First District Court of Appeal
IA
Second District Court of Appeal
IA
Third District Court of Appeal
IA
Fourth District Court of Appeal
IA
Fifth District Court of Appeal
IA
102 State Court Organization, 2004
1
4
T
5
W
NR
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility; ~=Not applicable
Total
staff
Iowa
SC Supreme Court
IA
Court of Appeals
Accounting
Accounts
payable
Administrative
meetings
Appointments/Assignments for:
Sitting
Supplemental Administrative
justices
justices
staff
8
A
A
A
A
T
A
A
A
A
A
A
A
16
11
T
T
A
A
T
T
A
A
A
A
T
T
Kentucky
SC Supreme Court
IA
Court of Appeals
7
13
T
A
T
T
W
W
A
W
A
W
W
W
Louisiana
SC Supreme Court
First Circuit Court of Appeals
IA
Second Circuit Court of Appeals
IA
Third Circuit Court of Appeals
IA
Fourth Circuit Court of Appeals
IA
Fifth Circuit Court of Appeals
IA
42
16
14
74
14
18
T
W
W
W
A
W
T
W
W
W
A
W
T
T
W
A
A
A
T
W
A
A
A
A
T
A
A
A
A
A
W
W
W
W
A
A
Maine
SC Supreme Judicial Court
3
A
A
A
A
A
A
Maryland
SC Court of Appeals
IA
Court of Special Appeals
9
15
T
T
A
T
A
A
W
A
W
A
W
A
Massachusetts
13
SC Supreme Judicial Court
13
~
Suffolk Office
IA
Appeals Court
3
4
16
A
T
T
A
T
T
T
T
A
A
W
T
A
A
T
A
A
W
Michigan
SC Supreme Court
IA
Court of Appeals
6
57
T
T
A
A
A
T
A
A
A
T
A
A
Minnesota
SC Supreme Court
IA
Court of Appeals
10
A
A
A
A
A
A
A
A
A
A
A
A
Mississippi
SC Supreme Court
IA
Court of Appeals
15
15
A
A
T
A
A
A
A
A
A
A
A
A
N/S
N/S
25
12
W
W
W
W
W
W
W
W
W
T
T
T
6
T
T
16
6
T
T
Nevada
SC Supreme Court
22
New Hampshire
SC Supreme Court
Kansas
SC Supreme Court
IA
Court of Appeals
Missouri
SC Supreme Court
Court of Appeals, Eastern
IA
Court of Appeals, Southern
IA
Court of Appeals, Western
IA
10
14
W
W
W
N/S
N/S
N/S
A
W
T
A
T
A
A
A
A
T
A
A
T
T
A
A
A
A
T
T
T
A
T
W
W
A
14
A
A
T
W
W
W
New Jersey
SC Supreme Court
IA
Superior Court, Appellate Div.
28
N/S
T
A
T
T
W
W
A
A
A
A
W
W
New Mexico
SC Supreme Court
IA
Court of Appeals
8
10
W
W
W
W
A
T
A
A
A
A
A
T
Montana
SC Supreme Court
Nebraska
SC Supreme Court
IA
Court of Appeals
The judicial branch 103
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility; ~=Not applicable
Attorney
admissions
Attorney
registration
Audits
Bar grievance
matters
Budget
preparation
Commissions and
boards
Iowa
SC Supreme Court
IA
Court of Appeals
W
A
T
A
A
A
T
A
A
A
T
A
Kansas
SC Supreme Court
IA
Court of Appeals
W
W
W
W
A
A
T
T
T
T
W
W
Kentucky
SC Supreme Court
IA
Court of Appeals
T
A
T
A
A
A
T
A
T
A
A
T
Louisiana
SC Supreme Court
First Circuit Court of Appeals
IA
Second Circuit Court of Appeals
IA
Third Circuit Court of Appeals
IA
Fourth Circuit Court of Appeals
IA
Fifth Circuit Court of Appeals
IA
T
A
A
A
A
A
W
A
A
A
A
A
W
W
W
A
A
W
T
A
A
A
A
A
W
W
W
W
A
W
W
A
A
A
A
A
Maine
SC Supreme Judicial Court
A
A
A
T
A
A
Maryland
SC Court of Appeals
IA
Court of Special Appeals
W
A
W
A
A
T
W
A
W
A
W
A
Massachusetts
SC Supreme Judicial Court
Suffolk Office
~
Appeals Court
IA
A
W
A
A
A
A
A
T
A
T
W
A
A
T
T
A
A
T
Michigan
SC Supreme Court
IA
Court of Appeals
T
A
A
A
A
A
A
A
A
T
A
T
Minnesota
SC Supreme Court
IA
Court of Appeals
A
A
W
W
A
A
A
A
A
A
A
A
Mississippi
SC Supreme Court
IA
Court of Appeals
W
W
W
W
A
A
T
T
T
A
T
A
Missouri
SC Supreme Court
Court of Appeals, Eastern
IA
Court of Appeals, Southern
IA
Court of Appeals, Western
IA
W
A
A
A
W
A
A
A
A
A
A
A
A
A
A
A
T
T
T
T
T
A
A
W
Montana
SC Supreme Court
W
W
T
W
W
A
Nebraska
SC Supreme Court
IA
Court of Appeals
T
T
A
A
A
A
T
T
T
T
W
W
Nevada
SC Supreme Court
T
A
A
A
T
T
New Hampshire
SC Supreme Court
T
A
A
T
T
W
New Jersey
SC Supreme Court
IA
Superior Court, Appellate Div.
W
W
T
W
A
A
T
T
T
T
W
W
New Mexico
SC Supreme Court
IA
Court of Appeals
W
A
W
A
W
W
A
A
W
W
W
A
104 State Court Organization, 2004
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility; ~=Not applicable
Community
outreach
Data
processing
Facilities
management
Generate court
statistics
Information/Computer
systems
Judicial
education
Iowa
SC Supreme Court
IA
Court of Appeals
A
A
A
A
A
A
W
W
T
T
A
A
Kansas
SC Supreme Court
IA
Court of Appeals
A
A
W
W
A
A
T
T
A
A
A
A
Kentucky
SC Supreme Court
IA
Court of Appeals
T
A
T
W
T
A
W
T
T
T
T
A
Louisiana
SC Supreme Court
First Circuit Court of Appeals
IA
Second Circuit Court of Appeals
IA
Third Circuit Court of Appeals
IA
Fourth Circuit Court of Appeals
IA
Fifth Circuit Court of Appeals
IA
T
T
T
T
T
A
W
W
W
T
A
W
T
W
W
W
T
W
W
W
W
T
W
T
W
W
W
W
A
W
A
A
A
A
A
A
Maine
SC Supreme Judicial Court
A
A
A
T
A
A
Maryland
SC Court of Appeals
IA
Court of Special Appeals
A
T
A
T
A
A
T
T
A
T
A
A
Massachusetts
SC Supreme Judicial Court
Suffolk Office
~
Appeals Court
IA
A
A
T
A
A
W
A
A
A
T
W
T
A
A
T
A
A
A
Michigan
SC Supreme Court
IA
Court of Appeals
A
A
T
W
A
T
T
W
A
A
A
A
Minnesota
SC Supreme Court
IA
Court of Appeals
A
A
A
A
A
A
A
A
A
A
A
A
Mississippi
SC Supreme Court
IA
Court of Appeals
A
A
T
A
T
A
W
W
A
A
A
A
Missouri
SC Supreme Court
Court of Appeals, Eastern
IA
Court of Appeals, Southern
IA
Court of Appeals, Western
IA
T
T
T
T
T
A
N/S
N/S
N/S
N/S
N/S
N/S
T
W
T
W
T
W
T
W
T
W
A
A
Montana
SC Supreme Court
T
T
T
W
A
A
Nebraska
SC Supreme Court
IA
Court of Appeals
T
T
W
W
T
T
T
T
T
T
A
A
Nevada
SC Supreme Court
T
A
T
T
A
A
New Hampshire
SC Supreme Court
A
A
T
T
A
A
New Jersey
SC Supreme Court
IA
Superior Court, Appellate Div.
T
A
T
T
T
T
W
T
T
T
A
A
New Mexico
SC Supreme Court
IA
Court of Appeals
A
T
A
T
W
T
W
W
A
T
A
A
The judicial branch 105
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility; ~=Not applicable
Judicial
qualifications
Law libraries
Legal research
Liaison with
legislature
Payroll
Personnel
Iowa
SC Supreme Court
IA
Court of Appeals
A
A
A
A
A
A
A
A
A
A
T
A
Kansas
SC Supreme Court
IA
Court of Appeals
W
W
A
A
T
T
A
A
A
A
T
T
Kentucky
SC Supreme Court
IA
Court of Appeals
A
A
A
A
W
T
T
A
A
A
W
W
Louisiana
SC Supreme Court
First Circuit Court of Appeals
IA
Second Circuit Court of Appeals
IA
Third Circuit Court of Appeals
IA
Fourth Circuit Court of Appeals
IA
Fifth Circuit Court of Appeals
IA
W
A
A
A
A
A
A
A
W
W
A
T
T
T
T
A
A
A
T
T
T
A
T
A
T
W
W
W
A
W
T
T
W
W
T
W
Maine
SC Supreme Judicial Court
A
A
T
A
A
A
Maryland
SC Court of Appeals
IA
Court of Special Appeals
A
A
W
A
A
T
A
A
T
A
A
T
Massachusetts
SC Supreme Judicial Court
Suffolk Office
~
Appeals Court
IA
A
A
A
A
A
A
T
T
T
A
T
A
A
T
T
T
T
W
Michigan
SC Supreme Court
IA
Court of Appeals
A
A
A
A
T
T
A
T
A
T
T
T
Minnesota
SC Supreme Court
IA
Court of Appeals
A
A
A
A
A
A
A
A
A
A
A
A
Mississippi
SC Supreme Court
IA
Court of Appeals
A
A
A
A
A
A
A
A
T
A
T
A
Missouri
SC Supreme Court
Court of Appeals, Eastern
IA
Court of Appeals, Southern
IA
Court of Appeals, Western
IA
T
W
T
T
T
W
N/S
N/S
N/S
N/S
N/S
N/S
A
A
W
W
T
T
T
T
W
W
T
W
Montana
SC Supreme Court
A
A
T
T
T
W
Nebraska
SC Supreme Court
IA
Court of Appeals
T
T
T
T
A
A
A
A
A
A
T
T
Nevada
SC Supreme Court
A
T
T
A
A
A
New Hampshire
SC Supreme Court
A
A
T
A
T
T
New Jersey
SC Supreme Court
IA
Superior Court, Appellate Div.
A
A
W
W
W
T
A
A
A
A
T
T
New Mexico
SC Supreme Court
IA
Court of Appeals
A
A
A
T
W
T
A
T
W
W
W
W
106 State Court Organization, 2004
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility; ~=Not applicable
Property control
Purchasing
Records
management
Research/
Planning
Security
Iowa
SC Supreme Court
IA
Court of Appeals
T
A
T
A
W
W
A
A
A
A
Kansas
SC Supreme Court
IA
Court of Appeals
A
A
T
T
T
T
T
T
A
A
Kentucky
SC Supreme Court
IA
Court of Appeals
T
A
T
A
W
W
W
T
T
A
Louisiana
SC Supreme Court
First Circuit Court of Appeals
IA
Second Circuit Court of Appeals
IA
Third Circuit Court of Appeals
IA
Fourth Circuit Court of Appeals
IA
Fifth Circuit Court of Appeals
IA
W
W
W
W
W
W
W
W
W
W
T
W
W
W
W
W
W
W
T
T
T
T
T
T
W
A
W
A
A
W
Maine
SC Supreme Judicial Court
A
A
T
A
A
Maryland
SC Court of Appeals
IA
Court of Special Appeals
A
A
T
T
W
W
T
T
A
A
Massachusetts
SC Supreme Judicial Court
Suffolk Office
~
Appeals Court
IA
A
A
T
A
T
T
W
W
W
T
T
A
A
T
Michigan
SC Supreme Court
IA
Court of Appeals
A
T
T
T
W
W
A
T
A
W
Minnesota
SC Supreme Court
IA
Court of Appeals
A
A
A
A
A
A
A
A
A
A
Mississippi
SC Supreme Court
IA
Court of Appeals
T
A
T
A
W
W
A
A
A
A
Missouri
SC Supreme Court
Court of Appeals, Eastern
IA
Court of Appeals, Southern
IA
Court of Appeals, Western
IA
W
T
T
T
T
N/S
N/S
N/S
N/S
N/S
W
W
T
W
W
W
T
T
W
W
Montana
SC Supreme Court
T
W
W
T
T
Nebraska
SC Supreme Court
IA
Court of Appeals
A
A
T
T
W
W
T
T
T
T
Nevada
SC Supreme Court
T
T
W
T
A
New Hampshire
SC Supreme Court
T
T
W
T
A
New Jersey
SC Supreme Court
IA
Superior Court, Appellate Div.
W
T
T
T
W
T
W
T
A
A
New Mexico
SC Supreme Court
IA
Court of Appeals
W
T
W
W
W
W
W
T
W
T
Other
12
W
N/S
17
T
The judicial branch 107
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility; ~=Not applicable
Total
staff
Accounting
Accounts
payable
Administrative
meetings
Appointments/Assignments for:
Sitting
Supplemental Administrative
justices
justices
staff
New York
SC Court of Appeals
st
Supreme Ct., Appellate Div. 1
IA
nd
Supreme Ct., Appellate Div. 2
IA
rd
IA
Supreme Ct., Appellate Div. 3
th
IA
Supreme Ct., Appellate Div. 4
36
277
136
36
37
T
W
T
W
W
W
W
T
W
W
W
W
W
A
T
A
A
W
A
A
A
A
A
A
A
T
W
T
T
W
North Carolina
SC Supreme Court
IA
Court of Appeals
12
10
T
W
T
W
T
T
A
A
A
A
T
A
North Dakota
SC Supreme Court
7
A
T
T
A
A
A
14
5
N/S
N/S
N/S
N/S
43
6
3
N/S
12
N/S
N/S
A
W
T
A
A
A
T
W
W
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
N/S
N/S
N/S
N/S
N/S
N/S
T
W
A
A
T
A
W
W
T
W
A
A
W
A
W
W
A
A
A
A
T
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
W
A
A
T
A
A
A
T
T
T
A
A
A
W
W
A
A
A
A
A
A
A
A
A
A
23
T
T
T
T
T
T
A
A
T
T
T
T
Pennsylvania
SC Supreme Court
Superior Court
IA
Commonwealth Court
IA
22
44
54
A
T
T
A
T
T
A
T
T
W
A
A
W
A
A
A
T
A
Puerto Rico
SC Supreme Court
IA
Court of Appeals
N/S
N/S
T
A
A
A
A
A
A
A
A
A
W
T
Rhode Island
SC Supreme Court
5
T
A
T
A
A
A
South Carolina
SC Supreme Court
IA
Court of Appeals
16
15
T
A
T
A
T
A
W
A
A
A
A
W
South Dakota
SC Supreme Court
3
W
A
T
T
W
W
33
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Ohio
SC
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
Supreme Court
st
Court of Appeals, 1 District
nd
Court of Appeals, 2 District
rd
Court of Appeals, 3 District
th
Court of Appeals, 4 District
th
Court of Appeals, 5 District
th
Court of Appeals, 6 District
th
Court of Appeals, 7 District
th
Court of Appeals, 8 District
th
Court of Appeals, 9 District
th
Court of Appeals, 10 District
th
Court of Appeals, 11 District
th
Court of Appeals, 12 District
Oklahoma
SC Supreme Court
SC Court of Criminal Appeals
Court of Civil Appeals
IA
Oregon
SC Supreme Court
IA
Court of Appeals
Tennessee
SC Supreme Court
Court of Appeals
IA
Court of Criminal Appeals
IA
108 State Court Organization, 2004
9
22
22
23
24
24
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility; ~=Not applicable
Attorney
admissions
Attorney
registration
Audits
Bar grievance
matters
Budget
preparation
Commissions and
boards
New York
SC Court of Appeals
st
Supreme Ct., Appellate Div. 1
IA
nd
Supreme Ct., Appellate Div. 2
IA
rd
IA
Supreme Ct., Appellate Div. 3
th
IA
Supreme Ct., Appellate Div. 4
T
W
W
T
W
A
A
W
A
A
A
A
A
A
A
T
W
W
A
T
W
W
A
W
T
A
A
A
A
A
North Carolina
SC Supreme Court
IA
Court of Appeals
T
A
A
W
A
A
A
A
T
T
A
A
North Dakota
SC Supreme Court
T
T
A
T
A
T
W
A
A
A
A
A
A
A
A
A
A
A
T
A
A
A
T
A
A
A
A
A
A
A
N/S
N/S
N/S
N/S
N/S
N/S
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
W
W
A
A
T
A
W
A
A
A
A
A
A
A
A
A
A
W
A
A
T
A
A
W
A
W
A
A
A
A
A
A
Oklahoma
SC Supreme Court
SC Court of Criminal Appeals
Court of Civil Appeals
IA
T
T
A
T
T
A
A
A
A
T
T
A
A
A
A
A
A
A
Oregon
SC Supreme Court
IA
Court of Appeals
T
A
T
A
A
A
T
A
T
T
T
A
Pennsylvania
SC Supreme Court
Superior Court
IA
Commonwealth Court
IA
W
A
A
W
A
A
A
A
T
W
A
A
A
A
T
A
A
A
Puerto Rico
SC Supreme Court
IA
Court of Appeals
T
A
W
A
W
A
W
A
T
A
W
A
Rhode Island
SC Supreme Court
W
W
A
T
T
T
South Carolina
SC Supreme Court
IA
Court of Appeals
W
A
A
A
A
A
T
A
T
A
T
A
South Dakota
SC Supreme Court
W
W
A
W
W
W
Tennessee
SC Supreme Court
Court of Appeals
IA
Court of Criminal Appeals
IA
W
A
A
A
A
A
A
A
A
A
A
A
A
A
A
T
T
T
Ohio
SC
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
Supreme Court
st
Court of Appeals, 1 District
nd
Court of Appeals, 2 District
rd
Court of Appeals, 3 District
th
Court of Appeals, 4 District
th
Court of Appeals, 5 District
th
Court of Appeals, 6 District
th
Court of Appeals, 7 District
th
Court of Appeals, 8 District
th
Court of Appeals, 9 District
th
Court of Appeals, 10 District
th
Court of Appeals, 11 District
th
Court of Appeals, 12 District
The judicial branch 109
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility; ~=Not applicable
Community
outreach
Data
processing
Facilities
management
Generate court
statistics
Information/Computer
systems
Judicial
education
T
T
A
A
A
W
W
W
T
T
W
T
T
T
W
W
W
W
T
W
W
T
A
T
W
A
A
A
A
A
North Carolina
SC Supreme Court
IA
Court of Appeals
T
A
W
W
T
W
T
W
W
A
A
A
North Dakota
SC Supreme Court
T
A
T
T
T
A
A
A
A
A
T
A
T
W
A
A
A
A
A
A
A
A
A
T
T
A
A
A
A
A
N/S
N/S
N/S
N/S
N/S
N/S
A
W
A
A
T
A
A
W
T
W
A
T
T
T
T
W
T
A
A
A
T
A
T
A
A
A
A
A
T
T
A
W
T
T
T
A
T
T
T
W
A
A
A
A
A
A
A
A
Oklahoma
SC Supreme Court
SC Court of Criminal Appeals
Court of Civil Appeals
IA
T
T
T
T
T
T
A
A
A
T
T
T
T
T
T
A
A
A
Oregon
SC Supreme Court
IA
Court of Appeals
T
T
T
T
T
T
T
T
T
T
T
T
Pennsylvania
SC Supreme Court
Superior Court
IA
Commonwealth Court
IA
A
A
T
A
W
T
W
A
A
W
T
W
A
A
T
A
A
A
Puerto Rico
SC Supreme Court
IA
Court of Appeals
T
T
W
W
T
A
W
W
A
T
T
A
Rhode Island
SC Supreme Court
T
W
T
T
T
A
South Carolina
SC Supreme Court
IA
Court of Appeals
T
A
A
W
T
T
T
W
A
A
T
A
South Dakota
SC Supreme Court
T
A
T
W
A
T
Tennessee
SC Supreme Court
Court of Appeals
IA
Court of Criminal Appeals
IA
A
A
A
A
A
A
A
A
A
T
T
W
A
A
A
A
A
A
New York
SC Court of Appeals
st
Supreme Ct., Appellate Div. 1
IA
nd
Supreme Ct., Appellate Div. 2
IA
rd
IA
Supreme Ct., Appellate Div. 3
th
IA
Supreme Ct., Appellate Div. 4
Ohio
SC
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
Supreme Court
st
Court of Appeals, 1 District
nd
Court of Appeals, 2 District
rd
Court of Appeals, 3 District
th
Court of Appeals, 4 District
th
Court of Appeals, 5 District
th
Court of Appeals, 6 District
th
Court of Appeals, 7 District
th
Court of Appeals, 8 District
th
Court of Appeals, 9 District
th
Court of Appeals, 10 District
th
Court of Appeals, 11 District
th
Court of Appeals, 12 District
110 State Court Organization, 2004
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility; ~=Not applicable
Judicial
qualifications
Law libraries
Legal research
Liaison with
legislature
Payroll
Personnel
New York
SC Court of Appeals
st
Supreme Ct., Appellate Div. 1
IA
nd
Supreme Ct., Appellate Div. 2
IA
rd
IA
Supreme Ct., Appellate Div. 3
th
IA
Supreme Ct., Appellate Div. 4
A
A
A
A
A
T
W
A
W
T
W
T
W
A
W
A
A
A
A
A
T
W
A
T
W
T
W
A
T
T
North Carolina
SC Supreme Court
IA
Court of Appeals
A
A
A
T
T
A
A
A
T
A
T
T
North Dakota
SC Supreme Court
A
A
T
T
A
T
A
A
A
A
A
A
A
A
T
A
A
A
A
A
A
A
A
A
T
A
A
A
T
A
N/S
N/S
N/S
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
N/S
Oklahoma
SC Supreme Court
SC Court of Criminal Appeals
Court of Civil Appeals
IA
A
A
A
A
A
A
Oregon
SC Supreme Court
IA
Court of Appeals
A
A
Pennsylvania
SC Supreme Court
Superior Court
IA
Commonwealth Court
IA
Ohio
SC
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
Supreme Court
st
Court of Appeals, 1 District
nd
Court of Appeals, 2 District
rd
Court of Appeals, 3 District
th
Court of Appeals, 4 District
th
Court of Appeals, 5 District
th
Court of Appeals, 6 District
th
Court of Appeals, 7 District
th
Court of Appeals, 8 District
th
Court of Appeals, 9 District
th
Court of Appeals, 10 District
th
Court of Appeals, 11 District
th
Court of Appeals, 12 District
N/S
N/S
A
W
A
A
A
A
A
A
T
W
A
A
T
A
T
W
T
W
A
A
T
A
T
W
A
A
A
T
T
T
W
W
W
W
W
W
T
T
A
A
T
T
T
T
T
T
A
A
A
W
A
A
W
T
A
A
A
A
A
A
T
A
T
T
N/S
A
A
A
T
A
W
A
A
A
W
T
Rhode Island
SC Supreme Court
A
A
T
A
T
T
South Carolina
SC Supreme Court
IA
Court of Appeals
A
A
W
W
T
T
A
A
A
A
T
A
South Dakota
SC Supreme Court
A
A
A
A
A
W
Tennessee
SC Supreme Court
Court of Appeals
IA
Court of Criminal Appeals
IA
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
T
T
T
Puerto Rico
SC Supreme Court
IA
Court of Appeals
The judicial branch 111
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility; ~=Not applicable
Property control
Purchasing
Records
management
Research/
Planning
Security
New York
SC Court of Appeals
st
Supreme Ct., Appellate Div. 1
IA
nd
Supreme Ct., Appellate Div. 2
IA
rd
IA
Supreme Ct., Appellate Div. 3
th
IA
Supreme Ct., Appellate Div. 4
T
W
A
T
T
T
W
A
W
W
W
W
W
W
W
T
W
T
A
T
T
W
A
W
W
North Carolina
SC Supreme Court
IA
Court of Appeals
T
W
T
W
T
W
T
A
T
A
North Dakota
SC Supreme Court
A
T
W
T
T
W
Ohio
SC
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
A
T
T
A
A
T
W
A
A
T
T
T
W
A
A
A
A
A
T
W
A
A
T
A
T
W
T
T
T
W
A
T
W
T
T
T
T
W
W
T
A
A
A
A
A
W
A
A
T
A
T
W
A
T
A
A
A
A
A
A
A
T
T
T
A
W
Oklahoma
SC Supreme Court
SC Court of Criminal Appeals
Court of Civil Appeals
IA
W
W
A
W
W
A
W
W
W
W
W
W
W
W
A
Oregon
SC Supreme Court
IA
Court of Appeals
T
T
T
T
T
T
T
T
T
T
Pennsylvania
SC Supreme Court
Superior Court
IA
Commonwealth Court
IA
A
A
A
A
T
A
W
W
W
W
A
T
W
A
T
Puerto Rico
SC Supreme Court
IA
Court of Appeals
W
A
T
A
W
T
T
A
T
A
Rhode Island
SC Supreme Court
A
T
T
T
A
South Carolina
SC Supreme Court
IA
Court of Appeals
T
A
T
T
W
W
T
W
T
T
South Dakota
SC Supreme Court
T
T
W
W
T
Tennessee
SC Supreme Court
Court of Appeals
IA
Court of Criminal Appeals
IA
A
A
A
A
A
A
W
W
W
T
T
T
T
T
T
Supreme Court
st
Court of Appeals, 1 District
nd
Court of Appeals, 2 District
rd
Court of Appeals, 3 District
th
Court of Appeals, 4 District
th
Court of Appeals, 5 District
th
Court of Appeals, 6 District
th
Court of Appeals, 7 District
th
Court of Appeals, 8 District
th
Court of Appeals, 9 District
th
Court of Appeals, 10 District
th
Court of Appeals, 11 District
th
Court of Appeals, 12 District
112 State Court Organization, 2004
Other
18
W
19
T
20
21
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility; ~=Not applicable
Total
staff
Accounting
Accounts
payable
Administrative
meetings
Appointments/Assignments for:
Sitting
Supplemental Administrative
justices
justices
staff
Texas
SC Supreme Court
SC Court of Criminal Appeals
st
Court of Appeals, 1 District
IA
nd
IA
Court of Appeals, 2 District
rd
IA
Court of Appeals, 3 District
th
IA
Court of Appeals, 4 District
th
IA
Court of Appeals, 5 District
th
IA
Court of Appeals, 6 District
th
IA
Court of Appeals, 7 District
th
IA
Court of Appeals, 8 District
th
IA
Court of Appeals, 9 District
th
IA
Court of Appeals, 10 District
th
IA
Court of Appeals, 11 District
th
IA
Court of Appeals, 12 District
th
IA
Court of Appeals, 13 District
th
IA
Court of Appeals, 14 District
9
13
6
9
12
13
10
4
5
14
20
5
8
3
5
9
A
W
W
W
W
W
A
W
W
W
W
W
W
W
A
W
A
W
W
W
W
W
A
W
W
W
W
W
W
W
A
W
T
T
T
A
T
T
A
T
T
T
W
T
T
T
A
T
A
A
T
A
W
A
A
A
W
A
W
A
A
A
A
T
A
A
A
A
T
A
A
T
A
T
W
A
A
A
W
A
A
A
T
T
A
W
A
W
T
T
W
T
T
T
A
T
Utah
SC Supreme Court
IA
Court of Appeals
27
35
T
T
T
T
A
A
A
A
A
A
A
A
Vermont
SC Supreme Court
2.5
T
A
A
A
A
A
Virginia
SC Supreme Court
IA
Court of Appeals
12
14.5
T
T
T
T
T
T
W
T
A
T
T
W
Washington
SC Supreme Court
IA
Courts of Appeals, Division One
12
12
T
T
T
T
T
T
A
A
W
A
T
T
West Virginia
SC Supreme Court of Appeals
13
T
T
T
T
A
T
15
29
T
T
A
A
A
A
A
A
A
A
A
A
2
T
A
T
T
A
A
25
Wisconsin
SC Supreme Court
IA
Court of Appeals
Wyoming
SC Supreme Court
FOOTNOTES:
Alabama:
1
The clerk’s office of the Court of Criminal Appeals has total responsibility for
case management, which involves administrative functions associated with
appellate cases (e.g. docketing, notices, etc.).
Alaska:
2
One clerk’s office serves both appellate courts.
Arkansas:
3
One clerk’s office serves both appellate courts.
California:
4
The clerk’s office of the Courts of Appeal, 3rd District has shared responsibility
for travel and training.
Indiana:
One clerk’s office serves all three appellate courts.
9
Iowa:
One clerk’s office serves both appellate courts.
10
Kansas:
11
One clerk’s office serves both appellate courts.
Louisiana:
12
The clerk’s office of the Second Circuit Court of Appeals has total responsibility
for disaster planning and safety.
Colorado:
The clerk’s office of the Court of Appeals has total responsibility for case
processing.
Massachusetts:
13
The clerk’s office of the Supreme Judicial Court has two locations. The
responsibilities of the main, or Commonwealth, office are represented here as
the responsibilities for the Supreme Judicial Court. The second location is the
Suffolk office.
Connecticut:
6
One clerk’s office serves both appellate courts.
Minnesota:
14
One clerk’s office serves both appellate courts.
Hawaii:
7
One clerk’s office serves both appellate courts.
Mississippi:
15
One clerk’s office serves both appellate courts.
Idaho:
8
One clerk’s office serves both appellate courts.
Nebraska:
16
One clerk’s office serves both appellate courts.
5
The judicial branch 113
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility; ~=Not applicable
Attorney
admissions
Attorney
registration
Audits
Bar grievance
matters
Budget
preparation
Commissions and
boards
T
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
T
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
W
A
W
A
A
W
W
A
W
W
A
T
T
T
T
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
T
T
W
T
W
W
T
T
W
W
W
W
W
W
W
T
T
W
A
A
A
A
A
A
A
A
A
A
A
A
A
A
Utah
SC Supreme Court
IA
Court of Appeals
T
A
A
A
A
A
A
A
A
A
A
A
Vermont
SC Supreme Court
A
A
A
A
A
A
Virginia
SC Supreme Court
IA
Court of Appeals
W
A
W
A
T
A
W
A
T
T
A
T
Washington
SC Supreme Court
IA
Courts of Appeals, Division One
W
A
W
A
A
T
W
A
T
T
A
A
West Virginia
SC Supreme Court of Appeals
T
T
A
A
T
T
Wisconsin
SC Supreme Court
IA
Court of Appeals
T
A
T
A
A
A
T
A
T
T
A
A
Wyoming
SC Supreme Court
W
W
A
W
A
T
Texas
SC Supreme Court
SC Court of Criminal Appeals
st
Court of Appeals, 1 District
IA
nd
IA
Court of Appeals, 2 District
rd
IA
Court of Appeals, 3 District
th
IA
Court of Appeals, 4 District
th
IA
Court of Appeals, 5 District
th
IA
Court of Appeals, 6 District
th
IA
Court of Appeals, 7 District
th
IA
Court of Appeals, 8 District
th
IA
Court of Appeals, 9 District
th
IA
Court of Appeals, 10 District
th
IA
Court of Appeals, 11 District
th
IA
Court of Appeals, 12 District
th
IA
Court of Appeals, 13 District
th
IA
Court of Appeals, 14 District
Nevada:
17
The clerk’s office of the Supreme Court has shared responsibility for rule
drafting.
functions to the Appellate Court Services Division (32 staff) and the Appellate
Court Record Section, in particular.
New York:
18
The clerk’s office of the Supreme Court, 2nd Appellate Division has total
responsibility for the general clerk’s office.
19
The clerk’s office of the Supreme Court, 4th Appellate Division has shared
responsibility for legal research.
24
Tennessee:
One clerk’s office serves all three appellate courts.
North Dakota:
The clerk’s office of the Supreme Court has total responsibility for case
processing.
Washington:
25
The Court of Appeals, Division Two and Court of Appeals, Division Three are
not included as those courts did not respond.
26
The clerk’s office of the Supreme Court has total responsibility for case flow
management.
27
The clerk’s office of the Court of Appeals, Division One has total responsibility
for calendar preparation/ management.
Ohio:
21
The clerk’s office of the Supreme Court has total responsibility for case
management.
West Virginia:
28
The clerk’s office of the Supreme Court of Appeals has shared responsibility
for drafting and promulgating court rules.
Oklahoma:
22
One clerk’s office serves all three appellate courts.
Wisconsin:
29
One clerk’s office serves both appellate courts.
20
Oregon:
23
The state court administrator (SCA) is the appellate courts’ court administrator
(formerly “clerk”) by statute. The SCA has delegated many appellate court clerk
114 State Court Organization, 2004
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility, ~=Not applicable
Community
outreach
Data
processing
Facilities
management
Generate court
statistics
Information/Computer
systems
Judicial
education
T
A
T
A
A
A
A
A
A
A
W
A
A
T
A
T
W
W
T
T
W
W
W
W
T
T
W
T
T
W
T
T
T
A
T
T
W
T
A
A
A
A
W
T
W
W
A
T
W
W
W
T
W
W
W
W
W
W
W
T
T
W
W
W
T
T
T
A
W
T
T
A
T
T
W
T
T
W
A
T
A
W
A
A
T
A
A
A
T
A
T
A
T
A
A
T
Utah
SC Supreme Court
IA
Court of Appeals
T
T
T
T
T
T
W
W
T
T
A
A
Vermont
SC Supreme Court
A
A
A
A
A
A
Virginia
SC Supreme Court
IA
Court of Appeals
A
A
T
T
T
T
T
T
A
T
A
T
Washington
SC Supreme Court
IA
Courts of Appeals, Division One
A
W
T
T
T
W
T
T
T
A
A
A
West Virginia
SC Supreme Court of Appeals
T
W
T
W
T
T
Wisconsin
SC Supreme Court
IA
Court of Appeals
A
A
A
A
A
A
W
T
A
A
A
A
Wyoming
SC Supreme Court
T
A
A
T
A
A
Texas
SC Supreme Court
SC Court of Criminal Appeals
st
Court of Appeals, 1 District
IA
nd
IA
Court of Appeals, 2 District
rd
IA
Court of Appeals, 3 District
th
IA
Court of Appeals, 4 District
th
IA
Court of Appeals, 5 District
th
IA
Court of Appeals, 6 District
th
IA
Court of Appeals, 7 District
th
IA
Court of Appeals, 8 District
th
IA
Court of Appeals, 9 District
th
IA
Court of Appeals, 10 District
th
IA
Court of Appeals, 11 District
th
IA
Court of Appeals, 12 District
th
IA
Court of Appeals, 13 District
th
IA
Court of Appeals, 14 District
The judicial branch 115
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility; ~=Not applicable
Judicial
qualifications
Law libraries
Legal research
Liaison with
legislature
Payroll
Personnel
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
T
W
T
W
T
A
W
W
T
W
W
W
W
A
W
T
A
T
A
A
A
A
A
T
T
T
A
W
A
A
T
T
T
T
A
T
A
A
A
T
A
T
T
T
T
T
T
A
W
W
W
W
T
A
W
W
W
W
W
W
T
A
W
T
W
W
T
W
T
W
W
W
W
W
W
W
W
T
W
Utah
SC Supreme Court
IA
Court of Appeals
A
A
T
T
A
A
A
A
T
T
T
T
Vermont
SC Supreme Court
A
A
A
A
A
A
Virginia
SC Supreme Court
IA
Court of Appeals
A
A
A
T
T
T
A
A
A
T
W
T
Washington
SC Supreme Court
IA
Courts of Appeals, Division One
A
A
A
T
T
A
A
T
T
T
T
T
West Virginia
SC Supreme Court of Appeals
A
A
T
T
A
T
Wisconsin
SC Supreme Court
IA
Court of Appeals
A
A
A
A
T
T
A
A
A
A
A
A
Wyoming
SC Supreme Court
A
A
T
A
A
A
Texas
SC Supreme Court
SC Court of Criminal Appeals
st
Court of Appeals, 1 District
IA
nd
IA
Court of Appeals, 2 District
rd
IA
Court of Appeals, 3 District
th
IA
Court of Appeals, 4 District
th
IA
Court of Appeals, 5 District
th
IA
Court of Appeals, 6 District
th
IA
Court of Appeals, 7 District
th
IA
Court of Appeals, 8 District
th
IA
Court of Appeals, 9 District
th
IA
Court of Appeals, 10 District
th
IA
Court of Appeals, 11 District
th
IA
Court of Appeals, 12 District
th
IA
Court of Appeals, 13 District
th
IA
Court of Appeals, 14 District
116 State Court Organization, 2004
Table 18. Appellate Court Clerks’ Office: Staffing and Responsibilities by Function
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility;
A
=No responsibility, ~=Not applicable
Property control
Purchasing
Records
management
Research/
Planning
Security
T
W
W
T
W
T
A
W
W
W
W
T
W
W
T
W
T
W
W
W
W
W
A
W
W
W
W
W
W
W
T
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
W
T
W
T
A
T
T
A
W
W
T
W
A
W
T
T
T
T
T
T
A
W
T
A
W
T
T
W
A
W
T
A
T
Utah
SC Supreme Court
IA
Court of Appeals
T
T
T
T
W
W
A
A
T
T
Vermont
SC Supreme Court
A
T
A
A
A
Virginia
SC Supreme Court
IA
Court of Appeals
T
T
T
T
W
W
T
T
T
A
Washington
SC Supreme Court
IA
Courts of Appeals, Division One
T
T
T
T
W
T
T
W
W
W
W
West Virginia
SC Supreme Court of Appeals
T
T
T
T
A
T
Wisconsin
SC Supreme Court
IA
Court of Appeals
T
A
T
T
W
W
W
T
T
T
Wyoming
SC Supreme Court
A
A
W
A
T
Texas
SC Supreme Court
SC Court of Criminal Appeals
st
Court of Appeals, 1 District
IA
nd
IA
Court of Appeals, 2 District
rd
IA
Court of Appeals, 3 District
th
IA
Court of Appeals, 4 District
th
IA
Court of Appeals, 5 District
th
IA
Court of Appeals, 6 District
th
IA
Court of Appeals, 7 District
th
IA
Court of Appeals, 8 District
th
IA
Court of Appeals, 9 District
th
IA
Court of Appeals, 10 District
th
IA
Court of Appeals, 11 District
th
IA
Court of Appeals, 12 District
th
IA
Court of Appeals, 13 District
th
IA
Court of Appeals, 14 District
Other
26
27
W
28
The judicial branch 117
Table 19. Clerks of Appellate Courts: Number and Method of Selection
Legend: SC=Court of last resort; IA=Intermediate appellate court; AP=At pleasure; CJ=Chief Justice; PJ=Presiding Judge; N/S=Not stated
Number of
clerks
Method of
appointment
1
1
1
SC
IA
IA
AP
AP
AP
N/S
N/S
N/S
Alaska
SC Supreme Court
IA
Court of Appeals
1
(same as SC)
SC
AP
Law degree, admittance to the bar
Arizona
SC Supreme Court
IA
Court of Appeals
1
2
SC
IA
AP
AP
Law degree
N/S
Arkansas
SC Supreme Court
IA
Court of Appeals
1
(same as SC)
SC
6
California
SC Supreme Court
IA
Courts of Appeal
1
6
SC
IA
AP
AP
N/S
Bachelor’s degree, 6 yrs management experience
Colorado
SC Supreme Court
1
SC
AP
1
IA
AP
Bachelor’s degree, administrative and supervisory
experience
Degree in business, public or judicial administration; 6 yrs
court administration experience; 2 yrs at supervisory level
Alabama
SC Supreme Court
Court of Civil Appeals
IA
Court of Criminal Appeals
IA
IA
Court of Appeals
Term of office
(years or AP) Minimum qualifications
N/S
Connecticut
SC Supreme Court
IA
Appellate Court
8
(same as SC)
1
SC
2
AP
Admittance to the bar
Delaware
SC Supreme Court
1
SC
AP
N/S
District of Columbia
SC Court of Appeals
1
Executive
officer subject
to CJ’s
approval
AP
Law degree, 10 yrs legal and managerial experience
Florida
SC Supreme Court
IA
District Courts of Appeal
1
5
SC
IA
AP
AP
N/S
N/S
Georgia
SC Supreme Court
IA
Court of Appeals
1
4
1
SC
IA
6
AP
N/S
Admittance to bar
Hawaii
SC Supreme Court
IA
Intermediate Court of Appeals
1
(same as SC)
SC
Civil service
Idaho
SC Supreme Court
IA
Court of Appeals
1
(same as SC)
SC
AP
N/S
Illinois
SC Supreme Court
IA
Appellate Court
1
5
SC
IA
AP
AP
N/S
N/S
Indiana
SC Supreme Court
Court of Appeals
IA
Tax Court
IA
1
(same as SC)
(same as SC)
CJ
AP
N/S
Iowa
SC Supreme Court
IA
Court of Appeals
1
(same as SC)
SC
AP
N/S
Kansas
SC Supreme Court
IA
Court of Appeals
1
(same as SC)
SC
2
Kentucky
SC Supreme Court
IA
Court of Appeals
1
1
SC
IA
AP
AP
118 State Court Organization, 2004
3
High school diploma
Admittance to bar
N/S
N/S
Table 19. Clerks of Appellate Courts: Number and Method of Selection
Legend: SC=Court of last resort; IA=Intermediate appellate court; AP=At pleasure; CJ=Chief Justice; PJ=Presiding Judge; N/S=Not stated
Number of
clerks
Method of
appointment
Louisiana
SC Supreme Court
IA
Courts of Appeal
1
5
SC
IA
AP
AP
Maine
SC Supreme Judicial Court
1
Tenure after 6
months
–
Maryland
SC Court of Appeals
IA
Court of Special Appeals
1
1
SC
IA
AP
AP
Massachusetts
SC Supreme Judicial Court
IA
Appeals Court
2
1
SC
IA
5
5
Michigan
SC Supreme Court
IA
Court of Appeals
1
1
SC
IA
AP
AP
Law degree, admittance to bar
N/S
Minnesota
SC Supreme Court
IA
Court of Appeals
1
(same as SC)
SC, IA
AP
N/S
Mississippi
SC Supreme Court
IA
Court of Appeals
1
(same as SC)
SC
AP
N/S
Missouri
SC Supreme Court
IA
Court of Appeals
1
3
SC
IA
AP
AP
N/S
7
N/S
Montana
SC Supreme Court
1
Elected
6
N/S
1
(same as SC)
SC
AP
N/S
Nevada
SC Supreme Court
1
SC
AP
Law degree, admittance to bar, 21 yrs of age, state citizen 1
yr
New Hampshire
SC Supreme Court
1
SC
AP
Law degree, admittance to bar
New Jersey
SC Supreme Court
IA
Superior Court, Appellate Div.
1
1
SC
SC
AP
AP
Law degree, admittance to bar
N/S
New Mexico
SC Supreme Court
IA
Court of Appeals
1
1
SC
IA
AP
AP
Law degree, admittance to bar
Law degree, admittance to bar
New York
SC Court of Appeals
IA
Supreme Ct., Appellate Div.
1
4
SC
IA
AP
AP
Admission to NY bar, 10 yrs relevant legal experience
Admission to NY bar, 10 yrs relevant legal experience
North Carolina
SC Supreme Court
IA
Court of Appeals
1
1
SC
IA
AP
AP
Law degree, legal experience
Law degree
North Dakota
SC Supreme Court
1
SC
AP
Law degree, 5 yrs experience in court or legal setting
1
8
12
SC
Elected
AP
4
N/S
N/S
Oklahoma
SC Supreme Court
SC Court of Criminal Appeals
Court of Civil Appeals
IA
1
(same as SC)
(same as SC)
SC
AP
Admittance to bar
Oregon
SC Supreme Court
IA
Court of Appeals
1
(same as SC)
CJ
AP
N/S
Nebraska
SC Supreme Court
IA
Court of Appeals
Ohio
SC Supreme Court
IA
Courts of Appeals
6
9
Term of office
(years or AP) Minimum qualifications
5
N/S
N/S
Admittance to bar
Admittance to bar
Admittance to bar
N/S
N/S
7
The judicial branch 119
Table 19. Clerks of Appellate Courts: Number and Method of Selection
Legend: SC=Court of last resort; IA=Intermediate appellate court; AP=At pleasure; CJ=Chief Justice; PJ=Presiding Judge; N/S=Not stated
Number of
clerks
Method of
appointment
Pennsylvania
SC Supreme Court
Superior Court
IA
Commonwealth Court
IA
1
1
1
SC
PJ
PJ
AP
AP
AP
Lawyer
Lawyer
Lawyer
Puerto Rico
SC Supreme Court
10
IA
Court of Appeals
1
1
SC
PJ
AP
AP
Admittance to bar
Admittance to bar
Rhode Island
SC Supreme Court
1
CJ with
approval of
state Senate
5
N/S
South Carolina
SC Supreme Court
IA
Court of Appeals
1
1
SC
IA
AP
AP
N/S
N/S
South Dakota
SC Supreme Court
1
SC
AP
N/S
Tennessee
SC Supreme Court
Court of Appeals
IA
Court of Criminal Appeals
IA
1
11
1
11
1
SC
6
N/S
Texas
SC Supreme Court
SC Court of Criminal Appeals
Courts of Appeals
IA
1
1
14
SC
SC
IA
4
4
4
N/S
N/S
N/S
Utah
SC Supreme Court
1
Appellate
court
administrator
with approval
of justices12
AP
8 yrs progressively responsible experience in court
operations, or bachelor’s degree plus 4 yrs experience in
court operations
1
Appellate
court
administrator
with approval
12
of judges
AP
8 yrs progressively responsible experience in court
operations, or bachelor’s degree plus 4 yrs experience in
court operations
IA
Court of Appeals
11
Term of office
(years or AP) Minimum qualifications
Vermont
SC Supreme Court
1
SC
AP
N/S
Virginia
SC Supreme Court
IA
Court of Appeals
1
1
SC
IA
AP
AP
N/S
N/S
Washington
SC Supreme Court
IA
Courts of Appeals
1
3
SC
IA
AP
AP
Admittance to bar
Bachelor’s degree and 6 yrs experience, or JD and 3 yrs
experience
West Virginia
SC Supreme Court of Appeals
1
SC
AP
N/S
1
(same as SC)
SC
AP
N/S
1
SC
AP
N/S
Wisconsin
SC Supreme Court
IA
Court of Appeals
Wyoming
SC Supreme Court
13
14
FOOTNOTES:
Connecticut:
1
There is one chief clerk, one deputy clerk, and six assistant clerks.
2
The chief clerk is hired by the Supreme Court; the deputy and assistant clerks
are hired by the chief clerk.
Georgia:
The court’s practice is to appoint an attorney.
One individual serves in dual capacity as clerk and court administrator.
3
4
Maine:
5
The term of office is subject to a collective bargaining contract.
120 State Court Organization, 2004
Table 19. Clerks of Appellate Courts: Number and Method of Selection
Massachusetts:
6
The clerk of the Supreme Judicial Court (SJC) for the Commonwealth is
appointed by the justices for a five-year term; the jurisdiction of the court’s purely
appellate function comes under the Commonwealth Office. The clerk of the SJC
for Suffolk County is elected to a six-year term by the voters of Suffolk County;
this office processes bar applications, bar disciplines and complaints which by
statute fall within the court’s original jurisdiction (for the most part, concurrently
with the trial court).
Missouri:
The court’s practice has been to appoint an attorney.
7
later established by law in the Judicial Branch’s Reorganization Plan of July 28,
1994. The Circuit Court of Appeals consists of 33 judges and is divided into
seven circuits.
Tennessee:
The court of last resort appoints one chief clerk to serve all three appellate
courts. The court of last resort also appoints three chief deputy clerks, one
serving the court of last resort and the intermediate appellate court in each
region.
11
Ohio:
The clerk of the Court of Common Pleas is also clerk of the Court of Appeals.
Utah:
The appellate court administrator must have a law degree and is selected by
the state court administrator with the concurrence of the Chief Justice of the court
of last resort and the presiding judge of the intermediate appellate court.
Oregon:
9
The state court administrator is the clerk of the appellate courts.
Vermont:
13
The clerk is the same as state court administrator.
8
Puerto Rico:
10
The first intermediate appellate court of Puerto Rico was established in
November 1992, but abolished in August, 1993. A Circuit Court of Appeals was
12
Wisconsin:
Court position descriptions are currently under review.
14
The judicial branch 121
Table 20. Provision of Law Clerks to Appellate Court Judges
Legend: SC=Court of last resort; IA=Intermediate appellate court; ~=Not applicable
Number of:
Clerks for chief justices/judges
Clerks for each associate justice/judge
Central law staff
Alabama
SC Supreme Court
Court of Civil Appeals
IA
Court of Criminal Appeals
IA
3
4
3
3
4
3
4
1
0
Alaska
SC Supreme Court
IA
Court of Appeals
3
2
3
2
1
2
Arizona
SC Supreme Court
IA
Court of Appeals
2
2
2
3.5
8
27
Arkansas
SC Supreme Court
IA
Court of Appeals
2
2
2
2
1
5
California
SC Supreme Court
IA
Courts of Appeal
8
2
5
2
2
43
Varies
Colorado
SC Supreme Court
IA
Court of Appeals
2
1
2
1
1
16
Connecticut
SC Supreme Court
IA
Appellate Court
2
2
2
2
3
1
Delaware
SC Supreme Court
2
1
3
District of Columbia
SC Court of Appeals
3
2
6
Florida
SC Supreme Court
IA
District Courts of Appeal
3
2
2
2
6
3
19
Georgia
SC Supreme Court
IA
Court of Appeals
3
3
2
3
6
5
Hawaii
SC Supreme Court
IA
Intermediate Court of Appeals
3
2
2
2
5
0
Idaho
SC Supreme Court
IA
Court of Appeals
2
2
2
2
1
1
Illinois
SC Supreme Court
IA
Appellate Court
3
2
3
2
19
88
Indiana
SC Supreme Court
Court of Appeals
IA
Tax Court
IA
3
5
3
3
2
5
3
~
5
7
0
Iowa
SC Supreme Court
IA
Court of Appeals
1
1
1
1
6.5
6
Kansas
SC Supreme Court
IA
Court of Appeals
1
1
1
1
4
14
Kentucky
SC Supreme Court
IA
Court of Appeals
2
2
2
2
7
8
Louisiana
SC Supreme Court
IA
Courts of Appeal
3
3
3
2
19
55
122 State Court Organization, 2004
1
7
1
4
6
Table 20. Provision of Law Clerks to Appellate Court Judges
Legend: SC=Court of last resort; IA=Intermediate appellate court; ~=Not applicable
Number of:
Clerks for chief justices/judges
Clerks for each associate justice/judge
Central law staff
Maine
SC Supreme Judicial Court
3
2
1
Maryland
SC Court of Appeals
IA
Court of Special Appeals
2
2
2
2
0
8
Massachusetts
SC Supreme Judicial Court
IA
Appeals Court
2
2
2
1
20
18
Michigan
SC Supreme Court
IA
Court of Appeals
3
1
3
1
17
8
80
Minnesota
SC Supreme Court
IA
Court of Appeals
2
2
1.5
2
4
15
Mississippi
SC Supreme Court
IA
Court of Appeals
2
2
2
2
8
5
Missouri
SC Supreme Court
IA
Court of Appeals
2
2
2
2
5
2
Montana
SC Supreme Court
3
2
Nebraska
SC Supreme Court
IA
Court of Appeals
2
2
2
2
2
1
Nevada
SC Supreme Court
2
2
19
New Hampshire
SC Supreme Court
2.5
2
2.5
3
1-2
5
27
New Jersey
SC Supreme Court
IA
Superior Court, Appellate Div.
4-5
2
10
9
17
New Mexico
SC Supreme Court
IA
Court of Appeals
2
1
2
1
0
14
New York
SC Court of Appeals
IA
Supreme Ct., Appellate Div.
4
1
3
1
15.5
110
North Carolina
SC Supreme Court
IA
Court of Appeals
3
3
2
2
1
7
North Dakota
SC Supreme Court
1
1
5
Ohio
SC Supreme Court
IA
Courts of Appeals
3
2
3
2
10
Varies
Oklahoma
SC Supreme Court
SC Court of Criminal Appeals
Court of Civil Appeals
IA
2
2
2
2
2
2
5
5
1
1-2
2 staff attorneys
1-2
12
Varies
4
5
6
4
6
6
4
4
~13
22
2-3
Oregon
SC Supreme Court
IA
Court of Appeals
Pennsylvania
SC Supreme Court
Superior Court
IA
Commonwealth Court
IA
11
The judicial branch 123
Table 20. Provision of Law Clerks to Appellate Court Judges
Legend: SC=Court of last resort; IA=Intermediate appellate court; ~=Not applicable
Number of:
Clerks for chief justices/judges
Clerks for each associate justice/judge
Central law staff
Puerto Rico
SC Supreme Court
IA
Court of Appeals
4
2
3
1
10
19
Rhode Island
SC Supreme Court
3
2
14
South Carolina
SC Supreme Court
IA
Court of Appeals
3
2
2
2
9
9
South Dakota
SC Supreme Court
1
1
3
Tennessee
SC Supreme Court
Court of Appeals
IA
Court of Criminal Appeals
IA
2
2
2
2
2
2
8
3
3
Texas
SC Supreme Court
SC Court of Criminal Appeals
Courts of Appeals
IA
3
15
2
16
2
3
15
2
16
2
3
14
0
Utah
SC Supreme Court
IA
Court of Appeals
2
2
2
2
2
4
Vermont
SC Supreme Court
1
1
4
Virginia
SC Supreme Court
IA
Court of Appeals
1
1
1
1
10
9
Washington
SC Supreme Court
IA
Courts of Appeals
2
2
2
2
8
18
Varies
West Virginia
SC Supreme Court of Appeals
4
4
Varies
Wisconsin
SC Supreme Court
IA
Court of Appeals
1
1
1
1
4
15
Wyoming
SC Supreme Court
2
2
1
15
15
17
19
FOOTNOTES:
Alabama:
1
Justices may have three positions. No more than two can be staff attorneys;
the remainder may be law clerks.
California:
A pilot project in the Fifth District allows three per justice.
2
Florida:
This is the total number of central law staff for all five courts of appeal in Florida.
Individual courts have varying numbers of staff; the Fourth District has six.
3
Illinois:
Seven attorneys are in the research department; ten in the administrative office
of the courts, and two in the clerk’s office.
4
Indiana:
Judges may, at their own discretion, have more than three clerks.
5
Kentucky:
One attorney serves as Supreme Court administrator and general counsel.
6
Louisiana:
7
In addition, an attorney serves as executive counsel.
124 State Court Organization, 2004
Michigan:
The Court of Appeals has 40 temporary, 32 permanent, and eight supervisory
staff.
8
Montana:
Associate justices have two clerks each; three other justices share two “floating”
clerks.
9
New Jersey:
10
The Chief Justice has four or five clerks, one or two of whom handle death
penalty appeals.
New York:
The Court of Appeals has one chief court attorney, one deputy chief court
attorney, one and one half principal court attorneys, seven senior court attorneys,
and five court attorneys.
11
Oregon:
There are 17 clerks in total: seven judges have two clerks each; two judges
have one clerk; there is one motions clerk.
12
Pennsylvania:
The Supreme Court does not employ central staff attorneys.
13
Table 20. Provision of Law Clerks to Appellate Court Judges
Rhode Island:
14
The law clerks assigned to the Supreme Court judges serve as the central law
staff (total law clerks: 11).
Texas:
15
Generally, two law clerks and one permanent staff attorney are assigned to the
Chief Justice and each justice of the Supreme Court, and one law clerk and one
staff attorney are assigned to the presiding judge and each judge on the Court of
Criminal Appeals.
16
Generally, two legal staff are employed for the Chief Justice and each justice
of the 14 Courts of Appeals. These legal staff are distributed between law clerks
and staff attorneys as determined by each Court of Appeals. The current trend is
to staff with permanent attorneys, rather than law clerks.
Virginia:
Five are part-time employees.
17
Washington:
18
Division I with 10 judges has seven and one-half attorneys; Division II
with seven judges has four, and Division III with five judges has one. Their duties
vary.
West Virginia:
19
Clerks screen applications, but do not draft opinions or orders.
The judicial branch 125
Table 21. Administrative Office of the Courts: Staffing and Responsibilities for Trial Court Functions
Legend: NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility; A=No responsibility
Assignments for:
Sitting
Supplemental
judges
judges
Audits
Budget
preparation
T
A
W
A
T
T
A
A
T
T
W
T
T
A
W
T
T
A
T
W
T
W
A
W
W
W
W
W
W
W
W
T
W
T
A
A
A
A
T
N/S
496
91
214
W
A
A
A
A
W
T
W
A
A
T
T
T
A
A
A
A
T
T
W
A
A
W
W
Idaho
Illinois
Indiana
Iowa
37
136
55
60
W
W
W
W
A
W
T
T
T
W
T
W
T
A
A
W
T
T
T
A
A
A
T
W
Kansas
Kentucky
Louisiana
Maine
46
745
77
NR
W
W
W
W
A
W
W
T
A
W
T
W
T
A
W
W
W
W
NR
NR
NR
NR
NR
NR
Maryland
Massachusetts
Michigan
Minnesota
398
154
113
187
W
T
A
W
A
W
W
T
A
A
W
W
T
T
W
W
T
T
T
W
T
T
T
T
Mississippi
Missouri
Montana
Nebraska
14
233
31
23
T
N/S
A
A
A
T
T
A
W
W
A
W
W
A
A
A
T
W
W
W
W
W
A
T
Nevada
New Hampshire
New Jersey
New Mexico
29
44
619
68
T
A
W
W
T
T
W
A
A
A
W
W
W
T
W
W
T
T
T
T
A
T
T
T
223
271
22
N/S
T
W
W
W
T
W
W
T
W
W
T
W
W
T
T
T
T
W
T
T
W
W
T
W
Oklahoma
Oregon
Pennsylvania
Puerto Rico
42
186
308
NR
T
W
A
T
A
T
T
T
T
T
W
T
T
A
A
W
T
T
NR
NR
NR
NR
NR
NR
Rhode Island
South Carolina
South Dakota
Tennessee
145
21
32
72
W
A
A
A
W
W
A
A
W
W
A
A
W
A
A
A
W
W
T
T
T
T
T
W
Texas
Utah
Vermont
Virginia
58
99
29
135
A
A
A
A
A
A
T
W
A
W
W
T
W
W
W
W
T
W
W
W
A
W
T
W
Washington
West Virginia
Wisconsin
Wyoming
164
40
123
9
T
A
A
A
A
A
T
T
T
T
T
T
T
T
T
T
T
T
T
A
A
A
T
T
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
New York
North Carolina
North Dakota
Ohio
Total staff
76
83
434
79
Accounting
Alternative dispute
resolution
W
A
A
T
W
T
T
T
T
491
98
150
N/S
126 State Court Organization, 2004
Table 21. Administrative Office of the Courts: Staffing and Responsibilities for Trial Court Functions
Legend: NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility; A=No responsibility
Facilities
management
Foster care
review
Human
resources
Data entry
Information
Records
management
IT staff
(technical)
Judicial
education
Alabama
Alaska
Arizona
Arkansas
A
A
W
A
T
W
W
T
A
W
T
T
W
W
T
W
T
A
T
T
T
T
A
T
W
T
W
W
California
Colorado
Connecticut
Delaware
T
A
T
T
A
T
W
W
A
W
W
W
W
W
W
T
W
W
W
W
W
T
A
T
A
T
W
T
District of Columbia
Florida
Georgia
Hawaii
W
A
W
A
A
W
T
A
A
T
T
T
T
W
A
A
T
T
T
T
T
T
A
W
W
W
W
W
Idaho
Illinois
Indiana
Iowa
W
A
W
A
W
W
W
T
A
T
T
T
T
T
A
A
T
W
W
W
A
T
A
T
T
T
W
W
Kansas
Kentucky
Louisiana
Maine
T
W
W
W
W
W
W
W
W
W
T
T
W
W
A
A
T
T
T
T
T
NR
NR
NR
NR
NR
NR
NR
Maryland
Massachusetts
Michigan
Minnesota
T
W
W
W
W
W
T
W
A
W
W
W
W
W
A
T
A
A
T
A
T
T
A
T
A
T
W
T
Mississippi
Missouri
Montana
Nebraska
T
A
T
T
T
T
T
T
A
T
T
T
T
T
W
A
W
A
T
W
T
T
A
W
A
T
W
W
Nevada
New Hampshire
New Jersey
New Mexico
A
A
T
A
T
T
W
T
A
W
A
T
W
A
T
T
T
T
T
W
W
T
W
T
A
A
T
A
New York
North Carolina
North Dakota
Ohio
T
T
W
W
W
W
W
A
A
W
W
W
W
T
T
T
W
W
W
W
W
W
A
T
T
T
T
W
Oklahoma
Oregon
Pennsylvania
Puerto Rico
T
A
T
T
T
W
W
T
W
T
T
T
T
T
T
A
T
A
T
T
W
NR
NR
NR
NR
NR
NR
NR
Rhode Island
South Carolina
South Dakota
Tennessee
W
A
T
A
A
W
W
A
A
A
T
T
A
W
T
A
W
T
T
W
W
T
A
T
W
T
W
W
Texas
Utah
Vermont
Virginia
A
T
A
T
A
T
A
T
A
T
A
T
W
W
T
T
W
W
W
W
W
A
T
W
A
T
W
W
Washington
West Virginia
Wisconsin
Wyoming
A
A
T
T
T
T
W
T
A
A
T
A
T
T
A
T
T
T
T
W
W
T
A
T
T
T
W
T
The judicial branch 127
Table 21. Administrative Office of the Courts: Staffing and Responsibilities for Trial Court Functions
Legend: NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility; A=No responsibility
Law libraries
Legal research
(Law clerks)
Legal
representation/
general counsel
Legal services
(other)
Liaison with
legislature
Probation–
adult
Probation–
juvenile
Alabama
Alaska
Arizona
Arkansas
A
T
W
T
W
A
T
W
A
W
A
W
A
A
A
A
A
T
T
T
T
T
W
A
W
W
A
W
California
Colorado
Connecticut
Delaware
A
A
W
W
T
A
A
A
A
A
A
W
T
T
W
W
T
W
W
W
W
T
A
A
T
T
A
A
District of Columbia
Florida
Georgia
Hawaii
A
A
W
A
W
A
A
A
T
T
A
T
A
A
A
A
A
T
T
A
A
W
A
W
W
W
A
A
Idaho
Illinois
Indiana
Iowa
T
A
W
T
W
A
A
T
T
T
T
W
T
T
A
A
T
A
T
A
A
T
T
A
A
W
A
T
Kansas
Kentucky
Louisiana
Maine
T
W
T
T
W
T
T
T
W
W
T
W
A
A
T
A
A
A
T
A
A
NR
NR
NR
NR
NR
NR
NR
Maryland
Massachusetts
Michigan
Minnesota
T
A
T
A
T
A
A
W
T
T
T
W
W
W
A
A
A
A
T
A
A
A
A
W
W
T
A
A
Mississippi
Missouri
Montana
Nebraska
A
T
A
N/S
T
A
A
A
A
A
A
T
A
T
A
A
A
A
T
A
T
W
W
A
A
W
W
W
Nevada
New Hampshire
New Jersey
New Mexico
A
A
T
T
T
A
A
A
A
A
A
A
A
A
T
A
T
T
W
T
T
A
T
T
T
T
A
A
New York
North Carolina
North Dakota
Ohio
W
W
W
W
W
A
A
A
W
T
W
W
A
A
W
A
W
W
T
A
W
A
A
T
T
T
A
A
Oklahoma
Oregon
Pennsylvania
Puerto Rico
T
A
A
A
W
A
A
T
A
W
T
T
A
A
A
T
W
T
W
A
A
NR
NR
NR
NR
NR
NR
NR
Rhode Island
South Carolina
South Dakota
Tennessee
W
W
W
W
T
A
A
A
A
A
A
T
A
A
T
T
W
W
W
W
W
W
T
T
A
W
A
A
Texas
Utah
Vermont
Virginia
A
A
A
A
T
A
A
A
A
W
W
W
A
A
A
W
T
A
W
A
A
W
T
A
W
W
A
A
Washington
West Virginia
Wisconsin
Wyoming
A
A
A
T
T
A
A
T
T
T
N/S
T
T
T
T
T
A
A
W
A
A
T
A
A
T
T
A
A
128 State Court Organization, 2004
Table 21. Administrative Office of the Courts: Staffing and Responsibilities for Trial Court Functions
Legend: NR=No response; N/S=Not stated; W=Total responsibility; T=Shared responsibility; A=No responsibility
Purchasing
Research/
planning
Security
Technical
assistance
to courts
T
W
T
W
W
T
W
T
W
T
T
T
T
T
W
T
W
W
W
WInterpreters, record audits, Court Appointed Special Advocates
California
Colorado
Connecticut
Delaware
T
T
T
T
T
W
W
A
W
TImproving court services
W
W
W
W
W
W
T
T
T
T
W
District of Columbia
Florida
Georgia
Hawaii
W
W
W
W
W
W
W
W
A
W
TEmergency preparedness
T
T
T
A
T
TEmergency preparedness
W
T
W
T
W
Idaho
Illinois
Indiana
Iowa
W
W
W
T
W
T
T
T
T
T
T
T
T
T
T
W
T
W
T
W
Kansas
Kentucky
Louisiana
Maine
W
T
W
T
W
W
W
W
T
W
T
T
T
A
W
NR
NR
NR
NR
NR
Maryland
Massachusetts
Michigan
Minnesota
T
W
W
T
T
T
W
W
W
W
T
A
T
T
W
T
T
W
A
W
Mississippi
Missouri
Montana
Nebraska
T
T
T
T
T
A
T
T
T
W
T
W
W
T
W
W
T
W
T
W
Nevada
New Hampshire
New Jersey
New Mexico
T
T
T
A
T
T
T
T
T
W
T
T
W
A
W
T
T
T
T
T
New York
North Carolina
North Dakota
Ohio
W
W
W
W
W
W
W
W
A
W
W
W
W
T
W
W
W
W
W
W
Oklahoma
Oregon
Pennsylvania
Puerto Rico
W
T
T
T
W
T
T
T
T
T
T
A
T
T
W
NR
NR
NR
NR
NR
Rhode Island
South Carolina
South Dakota
Tennessee
T
W
T
T
W
T
A
W
A
W
W
W
W
T
W
W
W
W
W
W
Texas
Utah
Vermont
Virginia
T
A
T
A
T
W
T
W
T
W
W
T
W
W
W
W
W
W
T
W
Washington
West Virginia
Wisconsin
Wyoming
T
T
W
A
W
T
T
T
T
T
W
T
W
T
W
T
T
T
T
N/S
Public
information
Alabama
Alaska
Arizona
Arkansas
W
Other
TInterpreters WStaff training
WCourt leadership TMedia relations
WJudicial Qualifications Commission; judicial retirement system
WNew judgeship review; court cost review
NR
WFamily/child services; interpreters; staff Jud. Conf. committees
WChild support magistrates TInterpreters; guardians ad litem
WPrinting TVolunteer managementTInterpreters
TInterpreters; foster care review
NR
The judicial branch 129
Part IV: Appellate Courts: Jurisdiction and Procedures
Appellate courts do not determine guilt in criminal
cases, or liability in civil cases, nor do they ensure that
trial proceedings in lower courts are flawless. Instead,
appellate courts are charged with assessing whether or
not errors have been committed at trial.
Courts of last resort were established early in a
state’s history, while intermediate appellate courts are a
more contemporary development. In 1957, only 13
states had a permanent intermediate appellate court.
Some states, however, had previously established and
then disbanded such a court. Currently 39 states have
both types of appellate courts. In these states parties
wishing to challenge a trial court decision typically bring
their appeal first to the intermediate appellate court. For
most criminal appeals the intermediate appellate court
must accept the case because the court’s jurisdiction is
mandatory. Because intermediate appellate courts tend
to have some discretion to decide whether to hear civil
appeals, not all civil cases are necessarily accepted.
Once the intermediate appellate court hears a case
and reaches a decision, a dissatisfied party may petition
the court of last resort for further review. The COLR,
which generally has broad discretionary jurisdiction in
both civil and criminal appeals, must first decide whether
to accept the case for review. If the petition is granted,
the court hears the case and renders a decision.
However, if the petition is denied, the litigation is
terminated and the ruling of the intermediate appellate
court stands. The major exceptions to this scenario are
death-penalty cases.
In those states with capital
punishment, death-penalty appeals are invariably filed
directly in the court of last resort as a mandatory appeal.
review is also indicated where the decision is made by
the court en banc or a panel of justices/judges. In all but
four states and the District of Columbia, the court of last
resort reviews petitions en banc (the exceptions are
Florida, Iowa, Virginia, and Washington), although some
COLRs use a combination of en banc proceedings,
panels, or a single justice depending on the nature of the
case. A majority of the court or panel must agree to
accept the case in most courts of last resort. In 15
states, a minority, and, in a few courts, a single member
of the full court or panel can grant review. The decision
rule may vary by the type of case under consideration.
Most appellate courts provide for expediting
procedures that allow especially time-sensitive cases to
be heard more expeditiously. Table 25 describes the
types of expedited appeals for each appellate court as
well as the respective procedures applied in processing
appeals.
Appellate courts may restrict oral argument for
routine cases. Table 26 indicates the time limit imposed
on both appellants and respondents, whether a formal
request for oral argument must be filed, and under what
circumstances oral argument is automatically scheduled.
Appellate courts often review the decisions of
administrative agencies. Table 27 describes which
courts have jurisdiction to review the decisions made by
eight categories of administrative agencies in each state.
That review is sometimes undertaken by trial courts
exercising their “incidental appellate jurisdiction.”
Select Bibliography:
Table 22 describes the allocation of mandatory and
discretionary jurisdiction for eight types of appeal. In ten
states and the District of Columbia, there is a single
appellate court. Generally, a court of last resort in a state
with no other appellate court has mandatory jurisdiction
for most categories of appeal.There are exceptions to
this rule such as West Virginia which has discretionary
jurisdiction.
Intermediate appellate courts typically conduct their
business in panels rather than en banc. The information
on panel structure contained in Table 23 is therefore
basic to these courts. The number of panels in each
appellate court, their size, whether they are permanent
or rotating, and the frequency of rotation are indicated in
this table.
Appellate courts with discretionary jurisdiction
require procedures for selecting the cases to be
reviewed. Table 24 indicates who makes the decision to
grant a petition in each appellate court with discretionary
jurisdiction: the court en banc, a panel, a commissioner,
or a single justice. The decision-ratio used for granting
Carol Flango, Roger Hanson, and Randall Hansen, The
Work of Appellate Court Legal Staff, Williamsburg, VA:
National Center for State Courts, 2000.
Carol R. Flango and David Rottman, Appellate Court
Procedures, Williamsburg, VA: National Center for State
Courts, 1998.
Victor E. Flango and Carol R. Flango, A Taxonomy of
Appellate Court Organization, Williamsburg, VA:
National Center for State Courts, July 1997.
Available online:
http://www.ncsconline.org/D_Research/csp/Highlights/V
ol3No1Taxom.pdf.
Roger A. Hanson, Appellate Court Performance
Standards, Williamsburg, VA: National Center for State
Courts, 1995.
Roger A. Hanson, Appellate Court Performance
Standards and Measures, Williamsburg, VA: National
Center for State Courts, 1999.
Appellate courts 131
Roger A. Hanson, Jurisdiction, Caseload, and
Timeliness of State Supreme Courts, Williamsburg, VA:
National Center for State Courts, 2001.
Robert L. Stern, Appellate Practice in the United States:
Second Edition, Washington, D.C.: The Bureau of
National Affairs, 1989.
Robert A. Leflar, Internal Operating Procedures of
Appellate Courts, Chicago, 1976.
Paul Brace and Kellie Sims-Butler, “New Perspectives
for the Comparative Study of the Judiciary: The State
Supreme Court Project,” The Justice System Journal,
Volume 22, Number 3 (2001).
Daniel J. Meador, et al., Appellate Courts: Structures,
Functions, Processes, and Personnel, Charlottesville,
VA: The Michie Company, 1994.
132 State Court Organization, 2004
Table 22. Mandatory and Discretionary Jurisdiction of Appellate Courts
Legend: SC=Court of last resort; IA=Intermediate appellate court; ■=Mandatory jurisdiction; □=Discretionary jurisdiction; ◧=Both mandatory and
discretionary jurisdiction
Note: Blank spaces indicate that the court does not have jurisdiction.
Appeals
Civil
Alabama
SC Supreme Court
Court of Civil Appeals
IA
Court of Criminal Appeals
IA
Criminal
■
■
■
Post
conviction
relief
Death
penalty
cases
Sentencing
issues
■
□
■
□
■
■
■
■
◧
■
□
◧
■
■
Administrative
agency
Extraordinary
writs
■
■
Guilty
pleas
□
Alaska
SC Supreme Court
IA
Court of Appeals
■
Arizona
SC Supreme Court
IA
Court of Appeals
◧
◧
□
□
■
■
■1
■
■
Arkansas
SC Supreme Court
IA
Court of Appeals
◧
□
□
■
■
■
□
California
SC Supreme Court
IA
Courts of Appeal
□
□
□
□
□
□
■
□
■
■
□
□
■
□
Colorado
SC Supreme Court
IA
Court of Appeals
◧
◧
◧
◧
□
□
■
Connecticut
SC Supreme Court
IA
Appellate Court
□
◧3
□
■
□3
□
■
■
■
■
■
■
■
Delaware
SC Supreme Court
■
■
■
■
■
■
District of Columbia
SC Court of Appeals
■
■
■
■
4
■
Florida
SC Supreme Court
IA
District Courts of Appeal
◧
◧5
◧6
□
■
■
■
□
7
■
Georgia
SC Supreme Court
IA
Court of Appeals
◧
◧
□
◧
■
□
Hawaii
SC Supreme Court
IA
Intermediate Court of Appeals
■
■
■
□
■
■
■
■
■
■
□
■
■
■
Idaho
SC Supreme Court
IA
Court of Appeals
■
■
■
■
■
■
■
■
■
■
□
◧
◧
□
□
□
■
□
◧
◧
□
■
◧
◧
■
■
Illinois
SC Supreme Court
IA
Appellate Court
Indiana
SC Supreme Court
Court of Appeals
IA
Tax Court
IA
■
■
◧
■
■
◧
■8
■
■
■
◧
■
■
■
■
□
■
■
■
□
■
■
■
■
□
■
◧5
■
■
■
■2
■
■
■
□
■
■
■
■
◧
■
■
■
■
■
■
■
■
■
■
Iowa
SC Supreme Court
IA
Court of Appeals
◧
◧
■
◧
■
◧
Kansas
SC Supreme Court
IA
Court of Appeals
◧
◧
◧
■
◧
■
■
■
■
■
■
■
Kentucky
SC Supreme Court
IA
Court of Appeals
◧
◧9
◧
■
◧9
◧9
■
■
■
■
■
■
◧
◧
■
◧
■
◧
◧
◧
■
◧
■
■
◧10
■
Appellate courts 133
Table 22. Mandatory and Discretionary Jurisdiction of Appellate Courts
Legend: SC=Court of last resort; IA=Intermediate appellate court; ■=Mandatory jurisdiction; □=Discretionary jurisdiction; ◧=Both mandatory and
discretionary jurisdiction
Note: Blank spaces indicate that the court does not have jurisdiction.
Appeals
Extraordinary
writs
Guilty
pleas
Post
conviction
relief
Death
penalty
cases
Sentencing
issues
■
□
Civil
Criminal
Administrative
agency
◧
◧
◧
□
◧
□
■
■
■
□
◧
□
□
■
■11
■12
■
□
□
Maryland
SC Court of Appeals
IA
Court of Special Appeals
□
□
□
□
□
□
Massachusetts
SC Supreme Judicial Court
IA
Appeals Court
◧
◧
◧
□
□
■
■
■
□
□
Michigan
SC Supreme Court13
IA
Court of Appeals
□
□
□
◧
□
□
□
◧
◧
◧
□
□
◧
◧
Minnesota
SC Supreme Court
IA
Court of Appeals
◧
◧
□
□
□
□
□
■
■
■
■
■
■
■
Mississippi
SC Supreme Court
IA
Court of Appeals
■
■
■
■
Missouri
SC Supreme Court
IA
Court of Appeals
◧
□
□
□
■
■
■
■
■
■
□
□
□
■
■
Nevada
SC Supreme Court
■
New Hampshire
SC Supreme Court
Louisiana
SC Supreme Court
IA
Courts of Appeal
Maine
SC Supreme Judicial Court
■
■
■
■
□
□
■
□
□
■
■
□
□
■
■
■
□
■
■
■
14
□
■
□
□
■
□
■
■
■
■
■
■
■
■
■
■
■
□
□
□
□
□
□
■
□
New Jersey
SC Supreme Court15
Superior Court, Appellate Div.
IA
◧
◧
◧
◧
◧
◧
■
◧
New Mexico
SC Supreme Court
IA
Court of Appeals
◧
◧16
■17
□
□
■
■
■
■
New York
SC Court of Appeals
IA
Supreme Ct., Appellate Div.18
■
■
■
■
□
□
■
■
■
■
■
□
North Carolina
SC Supreme Court
IA
Court of Appeals
□
□
◧
□
□
□
■
■
■
□
■
■
◧
◧
◧
■
□
□
■
□
■
■
■
■
■
■
■
■
■
◧
■
■
■
■
Montana
SC Supreme Court
Nebraska
SC Supreme Court
IA
Court of Appeals
North Dakota
SC Supreme Court
Ohio
SC Supreme Court
IA
Courts of Appeals
Oklahoma
SC Supreme Court
SC Court of Criminal Appeals
Court of Civil Appeals19
IA
134 State Court Organization, 2004
■
■
■
■
■
■
■
■
■
■
■
■
■
■
■
■
■
■
■
■
■
◧
■
■
◧
□
■
■
◧
■
□
■
■
◧
■
■
Table 22. Mandatory and Discretionary Jurisdiction of Appellate Courts
Legend: SC=Court of last resort; IA=Intermediate appellate court; ■=Mandatory jurisdiction; □=Discretionary jurisdiction; ◧=Both mandatory and
discretionary jurisdiction
Note: Blank spaces indicate that the court does not have jurisdiction.
Appeals
Post
conviction
relief
Death
penalty
cases
Sentencing
issues
□
■
□
Civil
Criminal
Administrative
agency
◧
◧
◧
◧
■
■
■
■
■
◧
◧
◧
□
■
■
◧
◧
□
□
□
□
□
■
■
◧
□
■
■
■
□
■
□
■
■
■
■
■
□
■
■
■
■
□
□
□
□
□
□
■
□
■
□
■
■
■
■
□
■
■
□
□
■
■
■
◧
■
■
■
Oregon
SC Supreme Court
IA
Court of Appeals
Pennsylvania
SC Supreme Court
Superior Court
IA
Commonwealth Court
IA
Puerto Rico
SC Supreme Court
IA
Court of Appeals
Rhode Island
SC Supreme Court
South Carolina
SC Supreme Court
IA
Court of Appeals
South Dakota
SC Supreme Court
Tennessee
SC Supreme Court
Court of Appeals
IA
Court of Criminal Appeals
IA
Texas
SC Supreme Court
SC Court of Criminal Appeals
Courts of Appeals
IA
◧
□
■
■
□
■
□
■
■
◧
□
Extraordinary
writs
□
■
■
□
Guilty
pleas
■
■
■
□
□
■
■
■
■
□
■
■
■
□
■
■
■
■
■
■
■
□
■
□
■
■
■
□
■
□
■
■
■
■
■
■
■
□
Virginia
SC Supreme Court
IA
Court of Appeals
□
□
◧
□
□
□
□
■
□
□
□
Washington
SC Supreme Court
IA
Courts of Appeals
□
□
□
□
□
□
■
■
■
■
■
■
□
□
□
□
□
□
□
□
□
□
□
□
□
□
■
■
■
■
■
■
■
■
■
■
■
■
□
Utah
SC Supreme Court
IA
Court of Appeals
Vermont
SC Supreme Court
West Virginia
SC Supreme Court of Appeals
Wisconsin
SC Supreme Court
IA
Court of Appeals
Wyoming
SC Supreme Court
■
■
□
□
■
■
□
■
FOOTNOTES:
Arizona:
1
Division I has discretion in unemployment appeals.
2
Sentencing issues might be raised in any case.
Connecticut:
Mandatory jurisdiction exists if the maximum sentence that could be imposed for
a felony offense exceeds 20 years.
3
District of Columbia:
4
There is no direct appeal of a guilty plea. However, review is possible from a
“conditional plea” (reserving the right to review the adverse determination of
specified pretrial motions).
Florida:
The court has mandatory jurisdiction in death penalty cases.
The Public Service Commission hears these appeals.
7
The court has no jurisdiction over the conviction, but mandatory jurisdiction over
the sentence after the guilty plea.
5
6
Appellate courts 135
Table 22. Mandatory and Discretionary Jurisdiction of Appellate Courts
Illinois:
8
There is discretionary jurisdiction for Rule 306 and Rule 308 interlocutory
appeals.
Kentucky:
9
The court has mandatory jurisdiction if sentence is more than 20 years, life, or
death.
10
The court has mandatory jurisdiction in capital cases.
Maine:
Extradition cases, which are discretionary, are an exception.
Workers’ compensation appeals, which are discretionary, are an exception.
11
12
Michigan:
13
This court has mandatory jurisdiction over judicial tenure commission matters
where the commission has entered a disciplinary order.
Montana:
Sentencing issues are handled by a sentence review division.
14
136 State Court Organization, 2004
New Jersey:
The court has mandatory jurisdiction when there is a dissent in the Appellate
Division or when substantial constitutional question of first impression is
presented.
15
New Mexico:
Original jurisdiction exists only in murder cases if a life or death sentence was
imposed.
17
The court has mandatory jurisdiction only in administrative agency appeals
from the Public Regulatory Commission, not other administrative agencies.
16
New York:
Appellate Terms of the Supreme Court has mandatory jurisdiction in civil
appeals, criminal appeals, extraordinary writs, guilty pleas, and post conviction
relief.
18
Oklahoma:
This Includes cases assigned by the Supreme Court.
19
Table 23. The Structure of Appellate Court Panels
Legend: SC=Court of last resort; IA=Intermediate appellate court; VA=Varies; ~=Not applicable
Note: Only those courts that sit in panels are included in this table.
Alabama
SC Supreme Court
Number of panels
Size
Membership (permanent or rotating)
Frequency of rotation
2
5
Permanent
~
3
3
Rotating
Rotating
VA
3 times/ year
Arizona
SC Supreme Court
IA
Court of Appeals
Rotating
2
7
Arkansas
IA
Court of Appeals
4
3
Rotating
3
California
IA
Courts of Appeal
VA
3
4
Case/ calendar
Colorado
IA
Court of Appeals
3
5
3
Rotating
3 times/ year
Delaware
SC Supreme Court
10
3
Rotating
By case
District of Columbia
SC Court of Appeals
VA
6
3
Rotating
Daily
Florida
SC Supreme Court
IA
District Courts of Appeal
VA
VA
7
~
3
Rotating
Rotating
VA
VA
3
3
Rotating
Yearly
Hawaii
IA
Intermediate Court of Appeals
VA
3
Rotating
VA
Illinois
IA
Appellate Court
VA
3
8
Rotating
By case
Indiana
IA
Court of Appeals
5
3
Permanent
~
Iowa
IA
Court of Appeals
3
3
Rotating
Monthly
3
Rotating
11
Georgia
IA
Court of Appeals
Kansas
IA
Court of Appeals
10
3 or 4
1
6
Kentucky
IA
Court of Appeals
4
3
Rotating
Monthly
Louisiana
IA
Courts of Appeal
VA
3 or 5
Rotating
Monthly
Maryland
IA
Court of Special Appeals
9
VA
3
Rotating
VA
Massachusetts
SC Supreme Judicial Court
IA
Appeals Court
1
7
7
3
Permanent
Rotating
~
Monthly
Michigan
IA
Court of Appeals
9
3
Rotating
Monthly
Minnesota
SC Supreme Court
IA
Court of Appeals
VA
4
3
3
Rotating
Rotating
Monthly
Monthly
Mississippi
SC Supreme Court
IA
Court of Appeals
3
3
3
3
Rotating
Rotating
Every 6 weeks
Every 6 weeks
12
13
Rotating
14
Montana
SC Supreme Court
2
5
Rotating
By case
Nebraska
IA
Court of Appeals
2
3
Rotating
3 months
Missouri
IA
Court of Appeals
Appellate courts 137
Table 23. The Structure of Appellate Court Panels
Legend: SC=Court of last resort; IA=Intermediate appellate court; VA=Varies; ~=Not applicable
Note: Only those courts that sit in panels are included in this table.
Number of panels
Size
Membership (permanent or rotating)
Frequency of rotation
2
3
Rotating
12 months
8 parts of 4-5
judges
2-3
Rotating
15
New Mexico
IA
Court of Appeals
VA
3
Rotating
By case
New York
IA
Supreme Ct., Appellate Div.
VA
Rotating
Daily
Nevada
SC Supreme Court
New Jersey
IA
Superior Court, Appellate Div.
~
16
North Carolina
IA
Court of Appeals
5
3
Rotating
VA
Ohio
IA
Courts of Appeals
VA
3
Rotating
Weekly
Oklahoma
IA
Court of Appeals
4
3
Rotating
Annually
Oregon
IA
Court of Appeals
3
3
Rotating
17
Pennsylvania
IA
Superior Court
IA
Commonwealth Court
VA
VA
3
3
Rotating
Rotating
Discretionary
Discretionary
Puerto Rico
IA
Court of Appeals
11
3
Rotating
Yearly
19
19
19
19
South Carolina
IA
Court of Appeals
3
3
Rotating
Quarterly
Tennessee
IA
Court of Appeals
IA
Court of Criminal Appeals
3
3
3
3
Permanent
Permanent
~
~
Texas
IA
Courts of Appeals
VA
3
Rotating
VA
Utah
IA
Court of Appeals
VA
3
Rotating
Monthly
20
3
Rotating
Monthly
Virginia
SC Supreme Court
IA
Court of Appeals
3
VA
3
3
Permanent
Rotating
~
VA
Washington
IA
Courts of Appeals
VA
3
Rotating
Varies by division
Wisconsin
IA
Court of Appeals
4
3
21
By case
Rhode Island
SC Supreme Court
Vermont
SC Supreme Court
18
FOOTNOTES:
Arizona:
1
Rotating panels are used for select categories of cases.
2
Five are in Division 1; two are in Division 2.
Colorado:
5
Court of Appeals: the panels draft all opinions and then submit drafts to full
court for final approval.
Arkansas:
Rotation occurs every four weeks during submissions.
6
3
California:
Court of Appeals: divisions of three judges are permanent; divisions of four or
more rotate within the division.
4
District of Columbia:
These decisions are made by a “motions division” of three judges who are
assigned to consider matters such as this. In addition to panels selected to hear
cases scheduled for argument/submissions without argument after briefing, there
is a monthly three-judge panel selected to consider and decide substantive and
policy-implicating procedural motions and other matters.
Florida:
Oral arguments and merit panel are en banc. Five are on the original writ panel.
7
138 State Court Organization, 2004
Table 23. The Structure of Appellate Court Panels
Illinois:
8
An exception is the “Industrial Division” of the intermediate appellate court,
which sits in a panel of five.
9
In Cook County there are six divisions of four judges each. They sit in rotating
panels of three.
Kansas:
Court of Appeals: panels may be supplemented by other judges from time to
time, and the composition of a panel may vary from case to case.
11
The Chief Judge designates as necessary; rotation occurs once every four
weeks.
10
Missouri:
There are four panels in the western district, five in the eastern district, and two
in the southern district.
13
Panels are made up of three members in western and eastern districts; the
southern district has one three-member panel and one four-member panel.
14
Rotation occurs yearly in the eastern and southern districts; quarterly in the
western district.
12
New Jersey:
15
Rotation occurs yearly for parts; panels rotate by case.
New York:
16
Appellate Divisions of Supreme Court: Panels are made up of four members in
the Second Division; five in First, Third, and Fourth Departments.
Oregon:
Rotation occurs at the discretion of the Chief Judge.
17
Pennsylvania:
Members are appointed by the President Judge.
18
Rhode Island
For purposes of the initial review of a petition, the Court does not sit in panels.
If the matter is assigned for argument (i.e., after granting a writ of certiorari), the
Court by Rule may sit in a panel of three, although the general practice is to hear
all matters en banc.
19
Vermont:
The court sits in panels on “fast track” cases.
20
Wisconsin:
21
Panels are permanent in District 3. Judges in Districts 1, 2, and 4 rotate.
Appellate courts 139
Table 24. Reviewing Discretionary Petitions
Legend: SC=Court of last resort; IA=Intermediate appellate court; VA=Varies; ~=Not applicable
Note: Only those courts with discretionary jurisdiction are included in this table.
Number of judges
Deciding whether to
Necessary to
grant review
grant review
Who makes decision on granting petitions?
Alabama
SC Supreme Court
9
5
En banc, panel
Alaska
SC Supreme Court
IA
Court of Appeals
5
3
3
2
En banc
1
En banc
Arizona
SC Supreme Court
IA
Court of Appeals
5
3
3
2
En banc, sometimes panel
Panel
Arkansas
SC Supreme Court
7
4
En banc
California
SC Supreme Court
IA
Courts of Appeal
7
3
4
2
En banc
2
Panel
Colorado
SC Supreme Court
3
3
En banc
Connecticut
SC Supreme Court
IA
Appellate Court
7
9
3
2
En banc
En banc
Delaware
SC Supreme Court
3
3
En banc, panel
District of Columbia
SC Court of Appeals
3
1 or 2
Panel
Florida
SC Supreme Court
IA
District Courts of Appeal
5
3
4
2
Panel
Panel
Georgia
SC Supreme Court
IA
Court of Appeals
7
3
4
1
En banc
Panel
Hawaii
SC Supreme Court
IA
Intermediate Court of Appeals
5
3
3
2
En banc
Panel4
Idaho
SC Supreme Court
5
3
En banc
Illinois
SC Supreme Court
IA
Appellate Court
7
3
4
2
En banc
Panel
Indiana
SC Supreme Court
IA
Court of Appeals
5
3
3
2
En banc
Panel
Iowa
SC Supreme Court
1
1
Single justice
Kansas
SC Supreme Court
7
3
En banc
Kentucky
SC Supreme Court
IA
Court of Appeals
4
3
4
2
En banc
Panel
Louisiana
SC Supreme Court
IA
Courts of Appeal
7
3
1
2
5
En banc
Panel
Maine
SC Supreme Judicial Court
VA
VA
En banc and panel
Maryland
SC Court of Appeals
IA
Court of Special Appeals
7
VA
3
VA
En banc
Panel and single justice
140 State Court Organization, 2004
1
3
2
6
Table 24. Reviewing Discretionary Petitions
Legend: SC=Court of last resort; IA=Intermediate appellate court; VA=Varies; ~=Not applicable
Note: Only those courts with discretionary jurisdiction are included in this table.
Number of judges
Deciding whether to
Necessary to
grant review
grant review
Who makes decision on granting petitions?
Massachusetts
SC Supreme Judicial Court
IA
Appeals Court
7
1
2 or 3
1
En banc
Single justice
Michigan
SC Supreme Court
IA
Court of Appeals
7
3
4
2
En banc
Panel
Minnesota
SC Supreme Court
IA
Court of Appeals
7
3
3
2
En banc
Panel
Mississippi
SC Supreme Court
VA
VA
En banc, panel, and single justice
Missouri
SC Supreme Court
7
4
En banc
Montana
SC Supreme Court
7
4
En banc
Nebraska
SC Supreme Court
IA
Court of Appeals
7
3
4
2
En banc
Panel
New Hampshire
SC Supreme Court
5
1
En banc
New Jersey
SC Supreme Court
IA
Superior Court, Appellate Div.
7
2
3
10
2
En banc
10
Panel
New Mexico
SC Supreme Court
IA
Court of Appeals
5
1
2
11
1
En banc
11
Single justice
7 (civil)
13
4 or 5
2 (civil)
3
North Carolina
SC Supreme Court
IA
Court of Appeals
7
3
3
2
En banc
Panel
North Dakota
SC Supreme Court
5
3
En banc
Ohio
SC Supreme Court
7
4
En banc
Oklahoma
SC Supreme Court
SC Court of Criminal Appeals
9
5
5
3
En banc
En banc
Oregon
SC Supreme Court
7
3
En banc
Pennsylvania
SC Supreme Court
IA
Superior Court
3
3
3
Majority
En banc
Panel
Puerto Rico
SC Supreme Court
IA
Court of Appeals
4
3
4
2
En banc
Panel
Rhode Island
SC Supreme Court
5
2
En banc
South Carolina
SC Supreme Court
5
2
En banc
South Dakota
SC Supreme Court
5
3
En banc
New York
SC Court of Appeals
IA
Supreme Ct., Appellate Div.
7
8
9
En banc and single justice
Panel
12
Appellate courts 141
Table 24. Reviewing Discretionary Petitions
Legend: SC=Court of last resort; IA=Intermediate appellate court; VA=Varies; ~=Not applicable
Note: Only those courts with discretionary jurisdiction are included in this table.
Number of judges
Deciding whether to
Necessary to
grant review
grant review
Who makes decision on granting petitions?
Tennessee
SC Supreme Court
Court of Appeals
IA
Court of Criminal Appeals
IA
5
3
3
2
2
2
En banc
Panel
Panel
Texas
SC Supreme Court
SC Court of Criminal Appeals
9
9
4
4
En banc
En banc
Utah
SC Supreme Court
IA
Court of Appeals
5
3
3
2
En banc
Panel
Vermont
SC Supreme Court
5
3
En banc
Virginia
SC Supreme Court
IA
Court of Appeals
3
4
1
1
Panel and single justice
Panel and single justice
Washington
SC Supreme Court
IA
Courts of Appeals
5
15
1
5
1
Panel and commissioner
Commissioner
West Virginia
SC Supreme Court of Appeals
5
3
En banc
16
3
3-4
2
En banc
17
Panel and single justice
5
3
En banc
Wisconsin
SC Supreme Court
IA
Court of Appeals
Wyoming
SC Supreme Court
14
FOOTNOTES:
Alaska:
1
A single justice or Court of Appeals judge makes a recommendation to the full
court, which then votes en banc.
California:
This is theoretically possible in habeas cases, but not done by single justices.
2
District of Columbia:
Usually one is necessary to grant review, two are necessary for interlocutory
appeals only.
3
Hawaii:
Discretionary jurisdiction only applies if assigned by Supreme Court.
4
Louisiana:
Any one justice may issue order, however, four must concur to render judgment
(LA Constitution, Art. 5, Sect. 2 & 3).
5
Maine:
6
The court sits in panel during sentence review cases only.
Massachusetts:
Direct appellate review may be granted by two justices of the Supreme Judicial
Court or by a majority of justices of the appellate court. M.R.A.P. 11. Further
appellate review may be granted by three justices of the Supreme Judicial Court
or by a majority of the justices of the appeals court or by a majority of the justices
of the appeals court deciding the case. M.R.A.P 27.1.
7
Mississippi:
8
The decision depends upon the emergency nature of the situation.
New Hampshire:
The court does not sit in panels to decide whether to grant review, but a case
may be heard and decided by three-judge panel.
9
142 State Court Organization, 2004
New Jersey:
Court of Appeals: This applies to interlocutory appeals only. The presiding
judge of a panel makes the final determination as to whether a matter will be
decided by two or three judges.
10
New Mexico:
In Court of Appeals, for interlocutory appeals, one calendaring judge may grant
review; to deny review, one judge must concur.
11
New York:
Court of Appeals: A single judge grants review for criminal cases.
Appellate Divisions of Supreme Court: This varies by department.
12
13
Washington:
14
The decision is made by a panel in reviews from trial courts and by a
commissioner in reviews from the Court of Appeals.
15
At the Court of Appeals a commissioner rules on a motion for discretionary
review.
Wisconsin:
A commissioner makes a recommendation on review. If there is no objection
during conference, the recommendation is accepted. If there is an objection to a
petition for review, the court votes and three of the seven members must agree
to grant review. If a justice who initially voted to grant review makes a motion to
dismiss as improvidently granted, it is dismissed when at least four members
agree to do so. Petitions to bypass and certification are granted by a vote of
four.
17
Either a panel of three or one judge may make the decision to grant or deny
discretionary petitions for leave to appeal, determined by case type and
interpreted through statute.
16
Table 25. Expediting Procedures in Appellate Courts
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; ~=Not applicable
Types of expedited appeals
Alabama
SC Supreme Court
Types of expedited procedures
Extraordinary writs, original writs, attorney discipline, adoption, child Special Calendars, advance queue,
expedited briefing
placement, child abuse and neglect, child in need of assistance,
termination of parental rights, child custody, and cases designated
by statute as a priority
IA
Court of Civil Appeals
Court discretion
Expedited briefing, submission on briefs,
mediation
IA
Court of Criminal Appeals
Extraordinary writs and juvenile delinquency
Judge required to give case priority
Adoption, child placement, child abuse and neglect, child in need of
assistance, termination of parental rights, child custody, election
redistricting, domestic violence, guardianship of minors, juvenile
cases, and judicial bypass of parental consent to abortion
Advance queue, expedited briefing,
specialized briefing forms, scheduling
conferences, special service
requirements for redistricting cases
Extradition and jury challenges
Advance queue, expedited briefing,
specialized briefing forms
Minor abortions
Court discretion
Alaska
SC Supreme Court
IA
Court of Appeals
Arizona
SC Supreme Court
IA
Court of Appeal, Division One
Extraordinary writs, workers’ compensation, adoption, child
placement, child abuse and neglect, child in need of assistance,
termination of parental rights, mental health appeals, appeals from
juvenile court
Special calendars, expedited briefing,
oral argument in lieu of briefs,
submission on briefs
IA
Court of Appeal, Division Two
Extraordinary writs, workers’ compensation, adoption, child
placement, child in need of assistance, termination of parental
rights, child custody, and mental health appeals
Pre-argument settlement conference,
advance queue, expedited briefing, oral
argument in lieu of briefs, submission on
briefs
Extraordinary writs and at court’s discretion
Expedited briefing
Extraordinary writs and at court’s discretion
Expedited briefing
Extraordinary writs, original writs, child placement, child in need of
assistance, termination of parental rights, and child custody
Expedited briefing
Adoption, child placement, child abuse and neglect, child in need of
assistance, termination of parental rights, and child custody
Expedited briefing, not allowing
extensions of time on briefing
nd
Child placement, child abuse and neglect, child in need of
assistance, termination of parental rights, child custody, election
cases, and eminent domain
Special calendars, advance queue,
expedited briefing
rd
Extraordinary writs, adoption, child placement, child abuse and
neglect, child in need of assistance, termination of parental rights,
child custody, juvenile delinquency, guardianship, election disputes,
and environmental cases
Advance queue, expedited briefing
th
Child placement, termination of parental rights, child custody, and at Special calendars, advance queue,
expedited briefing, submission on briefs
court’s discretion
th
Adoption, child placement, child abuse and neglect, child in need of
assistance, termination of parental rights, child custody, contested
elections, and cases with a party over 70 years of age
Special calendars, advance queue,
expedited briefing
th
Extraordinary writs, child placement, child abuse and neglect, child
in need of assistance, termination of parental rights, child custody
Advance queue, expedited briefing
Original writs, workers’ compensation, child abuse and neglect, and
termination of parental rights
Expedited briefing, submission on briefs
Workers’ compensation, child placement, child abuse and neglect,
child in need of assistance, and termination of parental rights
Special calendars, pre-argument
settlement conference, advance queue,
expedited briefing
Arkansas
SC Supreme Court
IA
Court of Appeals
California
SC Supreme Court
IA
Courts of Appeal, 1st District
IA
Courts of Appeal, 2 District
IA
Courts of Appeal, 3 District
IA
Courts of Appeal, 4 District
IA
Courts of Appeal, 5 District
IA
Courts of Appeal, 6 District
Colorado
SC Supreme Court
IA
Court of Appeals
Appellate courts 143
Table 25. Expediting Procedures in Appellate Courts
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; ~=Not applicable
Connecticut
SC Supreme Court
IA
Appellate Court
Delaware
SC Supreme Court
District of Columbia
SC Court of Appeals
Florida
SC Supreme Court
Types of expedited appeals
Types of expedited procedures
Extraordinary writs, child placement, child abuse and neglect, and
child in need of assistance
Special calendars, advance queue,
expedited briefing, submission on briefs,
penalties for delay
Extraordinary writs, child placement, child abuse and neglect, and
child in need of assistance
Special calendars, advance queue,
expedited briefing, submission on briefs,
penalties for delay
Chancery Court cases
Expedited briefing
Adoptions, child placement, child abuse and neglect, termination of
parental rights, child custody, utility/telephone rate matters, cases
required by statute, and at the request of the parties
Pre-argument settlement conference,
advance queue, expedited briefing,
submission on briefs
NR
NR
IA
First District Court of Appeal
Extraordinary writs, original writs, adoption, child placement, child
abuse and neglect, child in need of assistance, termination of
parental rights, child custody, and at the court’s discretion
Advance queue, expedited briefing
IA
Second District Court of Appeal
Adoption and termination of parental rights
Special calendars, expedited briefing,
penalties for delay
IA
Third District Court of Appeal
Extraordinary writs, original writs, adoption, child placement, child
abuse and neglect, termination of parental rights, and child custody
Special calendars, advance queue,
expedited briefing, submission on briefs,
penalties for delay
IA
Fourth District Court of Appeal
Adoption, child in need of assistance, termination of parental rights,
and child custody
Special calendars, advance queue,
expedited briefing
IA
Fifth District Court of Appeal
Termination of parental rights and dependency adjudications
Advance queue, expedited briefing
Election cases and when requested by parties
Expedited briefing, submission on briefs
Adoption, child placement, child abuse and neglect, child in need of
assistance, termination of parental rights, child custody, cases
required by statute, and at the court’s discretion
Judge required to give case priority
Extraordinary writs, original writs, adoption, and termination of
parental rights
Submission on briefs, penalties for delay,
alternative dispute resolution
Extraordinary writs, original writs, adoption, and termination of
parental rights
Submission on briefs, penalties for delay,
alternative dispute resolution
Extraordinary writs, original writs, adoption, child placement, child
abuse and neglect, termination of parental rights, child custody,
death penalty, and petitions for rehearing and review
Advance queue, expedited briefing
Adoption, child placement, child abuse and neglect, child in need of
assistance, termination of parental rights, child custody, and at
request of parties
Advance queue, expedited briefing,
submission on briefs
Court discretion
Expedited briefing
Adoption, child placement, termination of parental rights, child
custody, election matters, and at request of parties
Pre-argument settlement conference,
advance queue, expedited briefing
Georgia
SC Supreme Court
IA
Court of Appeals
Hawaii
SC Supreme Court
IA
Intermediate Court of Appeals
Idaho
SC Supreme Court
IA
Court of Appeals
Illinois
SC Supreme Court
IA
First District Court of Appeals
IA
Second District Court of Appeals Adoption, child placement, child abuse and neglect, child in need of
assistance, termination of parental rights, child custody, certain
interlocutory appeals, and temporary restraining orders
IA
Third District Court of Appeals
144 State Court Organization, 2004
Adoption, child placement, child abuse and neglect, termination of
parental rights, and child custody
Advance queue, expedited briefing
Special calendars, advance queue,
expedited briefing, penalties for delay
Table 25. Expediting Procedures in Appellate Courts
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; ~=Not applicable
Illinois (continued)
Fourth District Court of Appeals
IA
IA
Fifth District Court of Appeals
Indiana
SC Supreme Court
Types of expedited appeals
Types of expedited procedures
Adoption, child placement, child abuse and neglect, termination of
parental rights, and child custody
Advance queue, expedited briefing,
submission on briefs, penalties for delay
Adoption, child placement, child abuse and neglect, child in need of
assistance, termination of parental rights, and child custody
Advance queue, expedited briefing
Extraordinary writs, original writs, adoption, child placement, child
abuse and neglect, child in need of assistance, termination of
parental rights, child custody, and interlocutory appeals
Advance queue, expedited briefing
IA
Court of Appeals
Extraordinary writs, original writs, adoption, child placement, child
abuse and neglect, child in need of assistance, termination of
parental rights, child custody, and interlocutory appeals
Advance queue, expedited briefing
IA
Tax Court
~
~
Attorney discipline, adoption, child placement, child abuse and
neglect, child in need of assistance, termination of parental rights,
and child custody
Advance queue, expedited briefing,
specialized briefing forms, submission on
briefs, penalties for delay
Child placement, child abuse and neglect, child in need of
assistance, termination of parental rights, child custody, and direct
criminal appeals
Expedited briefing, specialized briefing
forms, submission on briefs
Attorney discipline and other cases with statutory priority
Advance queue, expedited briefing,
submission on the record without briefs
Attorney discipline, adoption, child placement, child abuse and
neglect, child in need of assistance, termination of parental rights,
and child custody
Advance queue, expedited briefing,
submission on the record without briefs
Extraordinary writs in death penalty cases, adoption, child
placement, child abuse and neglect, child in need of assistance,
termination of parental rights, and child custody
Advance queue
Iowa
SC Supreme Court
IA
Court of Appeals
Kansas
SC Supreme Court
IA
Court of Appeals
Kentucky
SC Supreme Court
IA
Court of Appeals
Louisiana
SC Supreme Court
Pre-argument settlement conference,
Extraordinary writs, adoption, child placement, child abuse and
expedited briefing, reduced certification
neglect, child in need of assistance, termination of parental rights,
child custody, domestic violence orders, paternity, and incarceration time, advancement on the docket
of juveniles
Adoption, child abuse and neglect, child in need of assistance, child
custody, and election cases
Advance queue, expedited briefing
Adoption, child placement, child abuse and neglect, child in need of
assistance, termination of parental rights, child custody, election
cases, and as required by statute
Pre-argument settlement conference,
advance queue, expedited briefing,
submission on briefs
IA
First Circuit Court of Appeals
IA
Second Circuit Court of Appeals Extraordinary writs, adoption, child placement, child abuse and
neglect, child in need of assistance, termination of parental rights,
child custody, and as required by statute
IA
Third Circuit Court of Appeals
Adoption, child placement, child abuse and neglect, child in need of
assistance, termination of parental rights, child custody, public
works cases, and election cases
Advance queue, expedited briefing
IA
Fourth Circuit Court of Appeals
Adoption, election cases, juvenile matters, bond forfeitures, and as
required by statute
Expedited briefing
IA
Fifth Circuit Court of Appeals
Extraordinary writs, adoption, child placement, child abuse and
neglect, child in need of assistance, termination of parental rights,
and child custody
Expedited briefing, submission on briefs,
penalties for delay
Termination of parental rights and at the court’s discretion
Special calendars, expedited briefing
Maine
SC Supreme Judicial Court
Special calendars, advance queue,
expedited briefing, submission on briefs
Appellate courts 145
Table 25. Expediting Procedures in Appellate Courts
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; ~=Not applicable
Maryland
SC Court of Appeals
IA
Court of Special Appeals
Massachusetts
SC Supreme Judicial Court
IA
Appeals Court
Michigan
SC Supreme Court
IA
Court of Appeals
Minnesota
SC Supreme Court
IA
Court of Appeals
Mississippi
SC Supreme Court
IA
Court of Appeals
Types of expedited appeals
Types of expedited procedures
Extraordinary writs and cases pending in lower courts
Advance queue, expedited briefing
Pre-argument settlement conference,
Adoption, child placement, child in need of assistance, termination
of parental rights, child custody, injunctive relief, and certain criminal advance queue, expedited briefing
matters
Adoption, child placement, child abuse and neglect, child in need of
assistance, termination of parental rights, and child custody
Advance queue, expedited briefing,
specialized briefing forms, submission on
briefs, electronic filing of records
Extraordinary writs, adoption, child placement, child abuse and
neglect, child in need of assistance, termination of parental rights,
and child custody
Advance queue, expedited briefing, oral
argument in lieu of briefs
Termination of parental rights, child custody, prosecutor appeals,
and criminal interlocutory matters
Advance queue
Adoption, child placement, child abuse and neglect, termination of
parental rights, child custody, and criminal interlocutory matters
Special calendars, pre-argument
settlement conference, advance queue,
expedited briefing, specialized briefing
forms, submission on briefs, electronic
filing of records, penalties for delay
Extraordinary writs, adoption, child placement, child abuse and
neglect, child in need of assistance, termination of parental rights,
and child custody
Advance queue, expedited briefing
Extraordinary writs, adoption, child placement, child abuse and
neglect, child in need of assistance, termination of parental rights,
child custody, and mental commitment
Advance queue, expedited briefing
Child placement and child abuse and neglect
Special calendars
~
~
Child abuse and neglect, child in need of assistance, termination of
parental rights, child custody, and at court’s discretion
Special calendars, expedited briefing,
oral argument in lieu of briefs,
submission on briefs
1
Missouri
SC Supreme Court
IA
Court of Appeals, Southern
Extraordinary writs, original writs, adoption, and termination of
parental rights
Special calendars, expedited briefing
IA
Court of Appeals, Western
Extraordinary writs, original writs, adoption, child placement, child
abuse and neglect, child in need of assistance, termination of
parental rights, and child custody
Special calendars, expedited briefing
Child abuse and neglect and termination of parental rights
Expedited briefing
Original actions, workers’ compensation, attorney discipline,
adoption, child placement, child abuse and neglect, child in need of
assistance, termination of parental rights, child custody, criminal
appeals, Tax Equalization and Review Commission appeals, and
Department of Water Resources appeals
Advance queue
Workers’ compensation, attorney discipline, adoption, child
placement, child abuse and neglect, child in need of assistance,
termination of parental rights, child custody, criminal appeals, Tax
Equalization and Review Commission appeals, and Department of
Water Resources appeals
Advance queue
Montana
SC Supreme Court
Nebraska
SC Supreme Court
IA
Court of Appeals
Nevada
SC Supreme Court
146 State Court Organization, 2004
Advance queue, expedited briefing,
Adoption, child placement, child in need of assistance, termination
of parental rights, child custody, venue, injunctions, ballot questions, specialized briefing forms, submission on
briefs, penalties for delay, pre-briefing
direct criminal appeals, and pretrial criminal appeals
settlement conference
Table 25. Expediting Procedures in Appellate Courts
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; ~=Not applicable
Types of expedited appeals
New Hampshire
SC Supreme Court
Extraordinary writs, original writs, attorney discipline, adoption, child Special calendars, pre-argument
settlement conference, advance queue,
placement, child abuse and neglect, child in need of assistance,
expedited briefing, submission on briefs
termination of parental rights, child custody, and interlocutory
appeals
New Jersey
SC Supreme Court
IA
Advance queue, expedited briefing
Adoption, child placement, child abuse and neglect, termination of
parental rights, child custody, Megan’s Law cases, and interlocutory
appeals
Superior Court, Appellate Div.
New Mexico
SC Supreme Court
IA
Types of expedited procedures
Court of Appeals
New York
SC Court of Appeals
Adoption, child placement, child abuse and neglect, child in need of
assistance, termination of parental rights, child custody,
interlocutory matters, and at the court’s discretion
Special calendars, advance queue,
expedited briefing, oral argument in lieu
of briefs
~
~
Court’s discretion
Special calendars, advance queue,
expedited briefing, ruling from bench
after oral argument, opinion filed within
24 hours
Time-sensitive appeals and primary election cases
Special calendars, advance queue,
expedited briefing, specialized briefing
forms, oral argument in lieu of briefs,
submission on briefs
Extraordinary writs, original writs, adoption, child placement, child
abuse and neglect, child in need of assistance, termination of
parental rights, child custody, and at the request of parties
Pre-argument settlement conference,
expedited briefing, submission on briefs
Advance queue, expedited briefing,
specialized briefing forms, active case
management
IA
Supreme Ct., Appellate Div. 1st
IA
Supreme Ct., Appellate Div. 2
nd
Extraordinary writs, original writs, adoption, child placement, child
abuse and neglect, child in need of assistance, termination of
parental rights, child custody, election appeals, excessive sentence
appeals, and at court’s discretion
IA
Supreme Ct., Appellate Div. 3
rd
Adoption, child placement, child abuse and neglect, child in need of Special calendars, pre-argument
assistance, termination of parental rights, child custody, and election settlement conference, advance queue,
expedited briefing
appeals
IA
Supreme Ct., Appellate Div. 4
th
Original writs, adoption, child placement, child abuse and neglect,
termination of parental rights, and child custody
Expedited briefing, submission on briefs
Extraordinary writs, election cases, and time sensitive appeals
Special calendars, advance queue,
expedited briefing, submission on briefs,
electronic filing of records
~
~
Mental health
Advance queue, expedited briefing,
submission on briefs
North Carolina
SC Supreme Court
IA
Court of Appeals
North Dakota
SC Supreme Court
Ohio
SC Supreme Court
Adoption, termination of parental rights, and original writs in election Special calendars, advance queue,
expedited briefing
cases if within 90 days of the next election
st
Extraordinary writs, adoption, termination of parental rights, and
abortion without parental consent
Advance queue, expedited briefing,
submission on briefs, electronic filing of
records
nd
Extraordinary writs, original writs, adoption, child placement, child
abuse and neglect, child in need of assistance, termination of
parental rights, child custody, abortion without parental consent,
unruly or delinquent child, state appeals in criminal cases, local
fiscal emergency cases, election contests, and at the court’s
discretion
Advance queue, expedited briefing and
argument, limited filing extensions
IA
Court of Appeals, 1 District
IA
Court of Appeals, 2 District
Appellate courts 147
Table 25. Expediting Procedures in Appellate Courts
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; ~=Not applicable
Types of expedited appeals
Types of expedited procedures
Extraordinary writs, original writs, adoption, and termination of
parental rights
Special calendars, advance queue,
expedited briefing
th
Adoption, child placement, child abuse and neglect, child in need of
assistance, termination of parental rights, and at court’s discretion
Special calendars, pre-argument
settlement conference, expedited
briefing, submission on briefs, penalties
for delay
th
Extraordinary writs, original writs, adoption, child placement, child
abuse and neglect, child in need of assistance, termination of
parental rights, and child custody
Advance queue, expedited briefing,
submission on briefs
th
Adoption, child placement, child abuse and neglect, child in need of
assistance, termination of parental rights, child custody, juvenile
delinquency, and state appeals
Expedited briefing, submission on briefs
th
Extraordinary writs, adoption, and termination of parental rights
Advance queue, expedited briefing
th
Extraordinary writs and termination of parental rights
Special calendars, pre-argument
settlement conference, advance queue,
expedited briefing, specialized briefing
forms, submission on briefs
th
Adoption, child placement, child abuse and neglect, child in need of
assistance, termination of parental rights, child custody, abortion
appeals from orders requiring parental consent
Advance queue, expedited briefing,
submission on briefs
th
Extraordinary writs, adoption, child placement, termination of
parental rights, and juvenile abortion by-pass cases
Pre-argument settlement conferences,
advance queue, expedited briefing,
submission on briefs
th
Adoption and termination of parental rights
Special calendars
th
Adoption, child placement, child abuse and neglect, termination of
parental rights, and child custody
Special calendars, pre-argument
settlement conference, expedited
briefing, submission on briefs
Extraordinary writs, workers’ compensation, termination of parental
rights, child custody, and driver’s license revocation
Pre-argument settlement conference,
advance queue, expedited briefing,
submissions on briefs
Ohio (continued)
Court of Appeals, 3rd District
IA
IA
Court of Appeals, 4 District
IA
Court of Appeals, 5 District
IA
Court of Appeals, 6 District
IA
Court of Appeals, 7 District
IA
Court of Appeals, 8 District
IA
Court of Appeals, 9 District
IA
Court of Appeals, 10 District
IA
Court of Appeals, 11 District
IA
Court of Appeals, 12 District
Oklahoma
SC Supreme Court
SC
Court of Criminal Appeals
Extraordinary writs and death penalty
Advance queue, expedited briefing
IA
Court of Civil Appeals
~
~
Death penalty, judicial review of corrections facility, and
administrative agency reviews
Special calendars, pre-argument
settlement conference, advance queue,
expedited briefing, submission on briefs
Oregon
SC Supreme Court
IA
Court of Appeals
Pennsylvania
SC Supreme Court
Executive orders, LUBA orders, juvenile proceedings, judicial review Special calendars, pre-argument
of correctional facility, violation of ORS 433.735 (mass gatherings), settlement conference, advance queue,
expedited briefing, submission on briefs
utility cases, and workers’ compensation
Extraordinary writs, original writs, workers’ compensation, attorney
discipline, adoption, child placement, child abuse and neglect, child
in need of assistance, termination of parental rights, and child
custody
Special calendars, advance queue,
expedited briefing, submission on briefs
IA
Superior Court
Adoption, child placement, child abuse and neglect, child in need of
assistance, termination of parental rights, child custody, and child
support
Advance queue, expedited briefing
IA
Commonwealth Court
Election appeals
Advance queue; expedited briefing,
argument, and disposition
148 State Court Organization, 2004
Table 25. Expediting Procedures in Appellate Courts
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; ~=Not applicable
Types of expedited appeals
Types of expedited procedures
Extraordinary writs, original writs, child abuse and neglect, child in
need of assistance, child custody, and at court’s discretion
Special calendars, advance queue,
expedited briefing, submission on briefs,
penalties for delay
Extraordinary writs, original writs, child abuse and neglect, child in
need of assistance, child custody, and at court’s discretion
Special calendars, advance queue,
expedited briefing, submission on briefs,
penalties for delay
Adoption, child placement, child abuse and neglect, child in need of
assistance, termination of parental rights, child custody, criminal
matters, at request of parties, and at court’s discretion
Expedited briefing, mediation, prebriefing conferences
Court discretion
Expedited briefing, submission on briefs
Extraordinary writs and at request of parties
Special calendars, advance queue,
expedited briefing, submission on briefs,
procedures for emergency motions
South Dakota
SC Supreme Court
Child abuse and neglect
Expedited briefing
Tennessee
SC Supreme Court
Worker’s compensation and at court’s discretion
Advance queue
Puerto Rico
SC Supreme Court
IA
Court of Appeals
Rhode Island
SC Supreme Court
South Carolina
SC Supreme Court
IA
Court of Appeals
IA
Court of Appeals
Termination of parental rights and at court’s discretion
Advance queue, expedited briefing
IA
Court of Criminal Appeals
Court discretion
Advance queue, expedited briefing
Extraordinary writs, original writs, termination of parental rights, and
parental notification for abortion
Special calendars, expedited briefing,
reduced extensions, dedicated staff
attorneys
Texas
SC Supreme Court
SC
Court of Criminal Appeals
Extraordinary writs and original writs
Expedited briefing, submission on briefs
IA
Courts of Appeals
Original writs, extraordinary writs, interlocutory appeals, termination
of parental rights, parental notification of abortion, and some other
family law matters
May include advance queue, expedited
briefing, submission on briefs, special
calendars
Court discretion
Advance queue, expedited briefing
Court discretion
Pre-argument settlement conference,
advance queue, expedited briefing,
specialized briefing forms
Extraordinary writs, child abuse and neglect, and termination of
parental rights
Advance queue, expedited briefing,
submission on briefs
Court discretion
Advance queue, expedited briefing
Extraordinary writs, original writs, workers’ compensation,
termination of parental rights, criminal appeals, pre-trial appeals by
the Commonwealth
Advance queue, expedited briefing
Court discretion
Expedited briefing, submission on briefs,
electronic filing of records, penalties for
delay, special settings
Utah
SC Supreme Court
IA
Court of Appeals
Vermont
SC Supreme Court
Virginia
SC Supreme Court
IA
Court of Appeals
2
Washington
SC Supreme Court
IA
Courts of Appeals, Division One Extraordinary writs, child placement, child abuse and neglect, child
in need of assistance, termination of parental rights, child custody
West Virginia
SC Supreme Court of Appeals
Extraordinary writs, adoption, child placement, child abuse and
neglect, termination of parental rights, and at request of parties
Special calendars, advance queue,
expedited briefing, penalties for delay
Advance queue, expedited briefing,
submission on briefs
Appellate courts 149
Table 25. Expediting Procedures in Appellate Courts
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; ~=Not applicable
Wisconsin
SC Supreme Court
IA
Court of Appeals
Wyoming
SC Supreme Court
Types of expedited appeals
Types of expedited procedures
~
~
Court discretion
Advance queue, expedited briefing,
mediation
Extraordinary writs, original writs, adoption, child placement, child
abuse and neglect, child in need of assistance, termination of
parental rights, and ballot issues
Expedited briefing, submission on briefs
FOOTNOTES:
Missouri:
1
The Court of Appeals, Eastern District is not included as that court did not
respond.
150 State Court Organization, 2004
Washington:
2
The Court of Appeal, Division Two and Court of Appeal, Division Three are not
included as those courts did not respond.
Table 26. Limitations on Oral Arguments in Appellate Courts
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; ]=Yes
Time limit
(each side in
minutes)
Must formally
request oral
argument
Alabama
SC Supreme Court
Court of Civil Appeals
IA
Court of Criminal Appeals
IA
30
30
30
]
Alaska
SC Supreme Court
IA
Court of Appeals
15
15
]
Arizona
SC Supreme Court
Court of Appeal, Division One
IA
Court of Appeal, Division Two
IA
20
20
25
]
Arkansas
SC Supreme Court
IA
Court of Appeals
20
20
]
]
California
SC Supreme Court
st
Courts of Appeal, 1 District
IA
nd
IA
Courts of Appeal, 2 District
rd
IA
Courts of Appeal, 3 District
th
IA
Courts of Appeal, 4 District
th
IA
Courts of Appeal, 5 District
th
IA
Courts of Appeal, 6 District
30
30
30
15
15
30
30
15 or 30
15
Connecticut
SC Supreme Court
IA
Appellate Court
30
20
Delaware
SC Supreme Court
20 or 25
District of Columbia
SC Court of Appeals
Florida
SC Supreme Court
First District Court of Appeal
IA
Second District Court of Appeal
IA
Third District Court of Appeal
IA
Fourth District Court of Appeal
IA
Fifth District Court of Appeal
IA
]
2
]
]
]
]
]
]
]
]
]
4
]
]
]
]
5
]
6
NR
7
20
20
10, 15, or 20
10, 15, or 20
15 (criminal), 20 (civil)
]
NR
]
]
NR
NR
NR
NR
]
Hawaii
SC Supreme Court
IA
Intermediate Court of Appeals
30
30
N/S
N/S
Idaho
SC Supreme Court
IA
Court of Appeals
30
30
20
20
15
15
20
10 (criminal), 20 (civil)
NR
]
]
]
8
30
30
N/S
1
]
20
15
Indiana
SC Supreme Court
Court of Appeals
IA
Tax Court
IA
]
]
15, 30, or 45
10
Other
]
Georgia
SC Supreme Court
IA
Court of Appeals
Illinois
SC Supreme Court
First District Court of Appeals
IA
Second District Court of Appeals
IA
Third District Court of Appeals
IA
Fourth District Court of Appeals
IA
Fifth District Court of Appeals
IA
Argument is automatically scheduled for:
Granted writ
All
Depends on
applications
appeals
the case
]
3
Colorado
SC Supreme Court
IA
Court of Appeals
All
cases
]
]
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
9
N/S
N/S
]
]
]
]
]
]
]
]
]
]
]
Appellate courts 151
Table 26. Limitations on Oral Arguments in Appellate Courts
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; ]=Yes
Time limit
(each side in
minutes)
Iowa
SC Supreme Court
IA
Court of Appeals
10
10
Kansas
SC Supreme Court
IA
Court of Appeals
15
15
Kentucky
SC Supreme Court
IA
Court of Appeals
15
15
Louisiana
SC Supreme Court
First Circuit Court of Appeals
IA
Second Circuit Court of Appeals
IA
Third Circuit Court of Appeals
IA
Fourth Circuit Court of Appeals
IA
Fifth Circuit Court of Appeals
IA
Must formally
request oral
argument
All
cases
Argument is automatically scheduled for:
Granted writ
All
Depends on
applications
appeals
the case
Other
]
]
]
]
11
20-40
20
20
20
20
15
]
]
12
Maine
SC Supreme Judicial Court
20
Maryland
SC Court of Appeals
IA
Court of Special Appeals
30
30
Massachusetts
SC Supreme Judicial Court
IA
Appeals Court
15
14
15
Michigan
SC Supreme Court
IA
Court of Appeals
30
15
30
Minnesota
SC Supreme Court
IA
Court of Appeals
30 (appel.), 25 (resp.)
30 (appel.), 20 (resp.)
Mississippi
SC Supreme Court
IA
Court of Appeals
20-30
20
]
]
]
]
]
]
]
13
]
]
]
]
]
]
]
14
]
15
]
]
]
]
]
]
16
]
]
]
17
Missouri
SC Supreme Court
Court of Appeals, Southern
IA
Court of Appeals, Western
IA
15
20 (appel.), 15 (resp.)
10 or 15
Montana
SC Supreme Court
40 (appel.), 30 (resp.)
18
Nebraska
SC Supreme Court
IA
Court of Appeals
10
10
Nevada
SC Supreme Court
15
New Hampshire
SC Supreme Court
15
New Jersey
SC Supreme Court
IA
Superior Court, Appellate Div.
30
30
New Mexico
SC Supreme Court
IA
Court of Appeals
30
30
New York
SC Court of Appeals
st
Supreme Ct., Appellate Div. 1
IA
nd
IA
Supreme Ct., Appellate Div. 2
rd
IA
Supreme Ct., Appellate Div. 3
th
IA
Supreme Ct., Appellate Div. 4
152 State Court Organization, 2004
]
]
]
]
]
]
]
]
]
20
Court discretion
Court discretion
22
15 or 30
10
30
]
]
]
]
]
]
]
]
19
]
]
21
Table 26. Limitations on Oral Arguments in Appellate Courts
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; ]=Yes
Time limit
(each side in
minutes)
North Carolina
SC Supreme Court
IA
Court of Appeals
North Dakota
SC Supreme Court
Ohio
SC
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
IA
Supreme Court
st
Court of Appeals, 1 District
nd
Court of Appeals, 2 District
rd
Court of Appeals, 3 District
th
Court of Appeals, 4 District
th
Court of Appeals, 5 District
th
Court of Appeals, 6 District
th
Court of Appeals, 7 District
th
Court of Appeals, 8 District
th
Court of Appeals, 9 District
th
Court of Appeals, 10 District
th
Court of Appeals, 11 District
th
Court of Appeals, 12 District
Oklahoma
SC Supreme Court
SC Court of Criminal Appeals
Court of Civil Appeals
IA
Oregon
SC Supreme Court
IA
Court of Appeals
23
15
15
15
15
15
30
15
15
15
15
15
15
15
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
25
Court discretion
10-30
20
Tennessee
SC Supreme Court
Court of Appeals
IA
Court of Criminal Appeals
IA
30
15
15
Texas
SC Supreme Court
SC Court of Criminal Appeals
Courts of Appeals
IA
20
20
27
15-30
]
]
]
15 or 30
15 or 30
South Dakota
SC Supreme Court
Virginia
SC Supreme Court
IA
Court of Appeals
]
]
Court discretion
Court discretion
Vermont
SC Supreme Court
]
]
20
Court discretion
20
10 or 30
Other
]
30 (appel.), 20 (resp.)
Puerto Rico
SC Supreme Court
IA
Court of Appeals
Utah
SC Supreme Court
IA
Court of Appeals
Argument is automatically scheduled for:
Granted writ
All
Depends on
applications
appeals
the case
]
Court discretion
15
24
10 or 15
South Carolina
SC Supreme Court
IA
Court of Appeals
All
cases
30
30
Pennsylvania
SC Supreme Court
Superior Court
IA
Commonwealth Court
IA
Rhode Island
SC Supreme Court
Must formally
request oral
argument
]
N/S
]
]
]
]
]
]
]
]
20
15
5 or 15
]
Varies
28
10 or 15
]
29
]
26
]
]
]
]
30
Appellate courts 153
Table 26. Limitations on Oral Arguments in Appellate Courts
Legend: SC=Court of last resort; IA=Intermediate appellate court; NR=No response; N/S=Not stated; ]=Yes
Time limit
(each side in
minutes)
Must formally
request oral
argument
All
cases
Argument is automatically scheduled for:
Granted writ
All
Depends on
applications
appeals
the case
Other
31
Washington
SC Supreme Court
IA
Courts of Appeals, Division One
20
10
West Virginia
SC Supreme Court of Appeals
30
Wisconsin
SC Supreme Court
IA
Court of Appeals
30
30
]
Wyoming
SC Supreme Court
30
]
]
]
]
]
]
FOOTNOTES:
Alaska:
1
The Supreme Court automatically schedules oral argument for election
redistricting cases and judicial bypass of parental consent to abortion.
Mississippi:
The Supreme Court automatically schedules oral argument for death penalty
cases.
Arizona:
2
The Supreme Court automatically schedules oral argument for death penalty
cases.
Missouri:
17
The Court of Appeals, Eastern District is not included as that court did not
respond.
18
The Supreme Court time limit for oral argument in death penalty cases is 20
minutes.
California:
3
The Supreme Court time limit for oral argument in death penalty cases is 45
minutes.
Colorado:
4
The time limit for oral argument in the Supreme Court depends on the number
and/or complexity of the issues in the case.
Delaware:
5
The time limit for oral argument in the Supreme Court is 20 minutes per side if
the court is in panel and 25 minutes per side if the court is sitting en banc.
District of Columbia:
6
The time limit for oral argument in the Supreme Court is 15 minutes for cases
on the summary calendar, but oral argument must be requested; the time limit is
30 minutes for cases on the regular calendar; and 45 minutes for cases heard en
banc.
Florida:
7
The First District Court of Appeal time limit for oral argument in death penalty
cases is 30 minutes.
Georgia:
8
The Supreme Court time limit for oral argument in domestic relations cases is
10 minutes; the time limit for oral argument in death penalty cases is 30 minutes.
9
The Supreme Court automatically schedules oral argument for death penalty
cases and for granted writs of certiorari.
Illinois:
10
The Supreme Court time limit for death penalty cases is 30 minutes.
Kentucky:
11
The Supreme Court time limit for oral argument in death penalty cases is 30
minutes.
Louisiana:
12
The Supreme Court time limit for oral argument varies by case type: attorney
discipline and criminal cases have 20 minutes, judicial discipline and civil cases
have 30 minutes, and death penalty cases have 40 minutes.
13
The Fourth Circuit Court of Appeals automatically schedules oral argument for
election cases.
Massachusetts:
14
The time limit for oral argument is 20 minutes for first-degree murder.
Michigan:
15
The time limit for oral argument is 15 minutes for cases in which only one side
appears and for cases argued on application for leave to appeal.
154 State Court Organization, 2004
16
New Jersey:
19
The Supreme Court automatically schedules oral argument for some appeals
as of right and for disciplinary matters.
New Mexico:
The Supreme Court time limit for oral argument is 20 minutes for writs,
attorney discipline, and judicial discipline.
21
The Court of Appeals automatically schedules oral argument for expedited
bench decision cases.
20
New York:
22
The Appellate Division, 2nd Department time limit for oral argument is 15
minutes for cases in which there was no trial or hearing and 30 minutes for
appeals in which there was a trial or hearing.
Ohio:
The Supreme Court time limit for oral argument in death penalty cases is 30
minutes.
23
Pennsylvania:
24
The Commonwealth Court time limit for oral argument is 7.5 – 10 minutes if
court sits in panels and 15 minutes if court sits en banc.
Rhode Island:
25
The Supreme Court time limit for oral argument is 30 minutes for plenary
matters and 10 minutes for summary matters.
Texas:
26
The Supreme Court generally schedules oral argument in most cases where a
petition for review is granted and some mandamus cases.
27
The time limit for oral argument varies by court.
Virginia:
28
The time limit for oral argument is 10 minutes for appellant in criminal petition
cases, 15 minutes on merit appeals.
29
Oral argument must be formally requested on criminal petition cases.
30
Oral argument is automatically scheduled unless the case was summarily
affirmed or defaulted or oral argument was waived.
Washington:
31
The Court of Appeals, Division Two and Court of Appeals, Division Three are
not included as those courts did not respond.
Table 27. Type of Court Hearing Administrative Agency Appeals
Legend: SC=Court of last resort; IA=Intermediate appellate court; GJ=General jurisdiction court; LJ=Limited jurisdiction court; ~=Not applicable
Medical
malpractice
Workers’
compensation
Public
service
Unemployment
insurance
Public
welfare
Insurance
Tax
review
Other
agencies
~
~
~
~
~
SC
GJ-IA-SC
IA
GJ
GJ-SC
GJ
IA
GJ
GJ-SC
IA
IA
~
GJ-SC
GJ
~
GJ
GJ-SC
GJ
~
GJ
GJ-SC
GJ
~
GJ
GJ-SC
GJ
GJ
California
Colorado
Connecticut
Delaware
GJ
~
~
GJ
IA
IA
IA
GJ
IA-SC
SC
GJ
GJ
GJ
IA
GJ
GJ
GJ
IA
GJ
GJ
GJ
GJ
GJ
GJ
GJ
IA
GJ
GJ
GJ
~
~
GJ
District of Columbia
Florida
4
Georgia
Hawaii
SC
2
~
5
GJ
6
SC
SC
IA
GJ
6
SC
SC
IA-SC
GJ
6
SC
SC
IA
GJ
6
GJ- SC
SC
3
IA
GJ
GJ
GJ
IA
GJ
GJ
GJ
IA
GJ
7
~
SC -GJ
IA
GJ
6
SC
Idaho
Illinois
Indiana
Iowa
~
~
GJ
~
8
SC
IA
IA
GJ
SC
IA
IA
GJ
SC
GJ
IA
GJ
GJ
GJ
~
GJ
GJ
GJ
~
GJ
GJ
GJ
9
IA
GJ
GJ
IA
GJ
GJ
Kansas
Kentucky
Louisiana
Maine
GJ
~
GJ
~
IA
IA
IA
SC
GJ
GJ
GJ-SC
SC
GJ
GJ
GJ
GJ
GJ
GJ
~
GJ
GJ
GJ
GJ
GJ
GJ-IA
GJ
GJ
GJ
GJ-SC
GJ
GJ-IA
GJ
Maryland
Massachusetts
Michigan
Minnesota
GJ
~
~
~
GJ
IA-SC
LJ
SC
GJ
GJ
LJ
IA
GJ
GJ
LJ
IA
GJ
GJ
LJ
~
GJ
GJ
LJ
~
GJ
GJ
LJ
SC
GJ
GJ
LJ
~
Mississippi
Missouri
Montana
Nebraska
GJ
~
GJ
~
GJ
GJ-IA
GJ
IA
SC
GJ
GJ
IA
GJ
IA
~
IA
GJ
GJ
~
IA
GJ
GJ
~
~
GJ
11
IA
GJ
IA
GJ
GJ
GJ
IA
~
~
~
~
GJ
SC
13
IA
IA
GJ
SC
13
IA
SC
GJ
SC
13
IA
IA
GJ
12
~
13
IA
IA
GJ
SC
13
IA
IA
GJ
SC
13, 14
IA
IA
GJ
SC
13
IA
IA
New York
North Carolina
North Dakota
Ohio
~
~
~
~
IA
IA
GJ
IA-SC
IA
IA
GJ
IA-SC
IA
GJ
GJ
GJ
GJ
IA
GJ
~
IA
IA
GJ
~
GJ-IA
IA
GJ
IA-SC
GJ-IA
16
~
GJ
~
Oklahoma
Oregon
Pennsylvania
Puerto Rico
~
IA
SC or IA
IA
~
IA
SC or IA
IA
GJ or IA-SC
IA
SC or IA
IA
GJ or IA-SC
IA
SC or IA
IA
~
IA
SC or IA
IA
GJ-SC
IA
SC or IA
IA
IA-SC
SC
SC or IA
IA
~
IA
SC or IA
IA
~
~
~
SC
GJ
GJ
GJ
SC
GJ
GJ
IA
LJ
GJ
GJ
GJ
IA
GJ
GJ
GJ
GJ
GJ
GJ
GJ
LJ
GJ
GJ
GJ
GJ
GJ
GJ
GJ
Texas
Utah
Vermont
Virginia
GJ
GJ
GJ
GJ
GJ or LJ
IA
SC
IA
GJ or LJ
SC
SC
GJ
GJ or LJ
IA
SC
GJ
~
GJ
GJ
GJ
GJ
GJ
GJ
SC
GJ
GJ-SC
SC
GJ
GJ
GJ-IA-SC
SC
GJ or LJ
Washington
West Virginia
Wisconsin
Wyoming
~
~
20
~
21
~
GJ-IA
SC
GJ
22
GJ
Alabama
Alaska
Arizona
Arkansas
Nevada
New Hampshire
New Jersey
New Mexico
15
Rhode Island
South Carolina
South Dakota
Tennessee
18
10
17
19
19
GJ-IA
GJ
GJ
22
GJ
19
GJ-IA
GJ
GJ
22
GJ
GJ-IA
~
GJ
~
19
19
GJ-IA
~
GJ
22
GJ
1
19
GJ-IA
GJ
GJ
22
GJ
GJ-IA
GJ
GJ
~
19
Appellate courts 155
Table 27. Type of Court Hearing Administrative Agency Appeals
FOOTNOTES:
District of Columbia:
1
The court of last resort hears appeals, if the agency provided a trial-type hearing
in a contested case; otherwise the general jurisdiction court will hear the appeal.
New Hampshire:
Petition for writ of certiorari must be filed to the Superior or Supreme Court
(concurrent jurisdiction).
Florida:
Actions concerning medical licensing disciplinary proceedings by the
Department of Professional Regulation are appealed to the intermediate
appellate court.
3
Final agency actions regarding recovery of overpayments of welfare fraud
appeals are heard by the intermediate appellate court.
New Jersey:
13
The court of last resort may, on its own motion, certify any action or class of
actions for appeal, or the litigant may move for certification of an appeal pending
in the appellate division.
14
Appeals from county boards of taxation are heard by the Tax Court (limited
jurisdiction).
2
Georgia:
If the case is brought by discretionary application such as workers’
compensation or unemployment insurance, any one of three judges on the
division may grant the application. On a direct appeal, a dissent of one judge on
the panel causes the case to be reviewed by that division, the next division in
succession, and a seventh judge. If the majority of the panel, or a majority of the
seven-judge court, determines the case should be heard by all 10 judges, then
the case will be reviewed by all 10 judges.
5
These cases are tried in general jurisdiction court or as an alternative process
with appeal in a general jurisdiction court.
4
Hawaii:
6
The court of last resort may transfer a case to the intermediate appellate court.
7
Cases are heard by a Tax Appeal Court (a specialized court) presided over by a
Circuit Court judge.
Idaho:
Cases are initially brought to a medical malpractice hearing panel (conclusions
are not binding); a case may be filed in the District Court (general jurisdiction).
8
Indiana:
The cases are heard in Tax Court (intermediate appellate court).
9
Kansas:
Rate cases go to the intermediate appellate court.
10
Missouri:
Tax review cases may be transferred to the Supreme Court.
11
12
New York:
Appeals of final decisions of all administrative agencies go to either the
Supreme Court or the Appellate Division of the Supreme Court in Article 78
proceedings.
15
North Carolina:
Cases go to Superior Court; some to the intermediate appellate court; the court
of last resort hears general rate cases from the Utilities Commission.
16
Oklahoma:
These cases go to Workers’ Compensation Court (limited jurisdiction).
17
Tennessee:
Cases are heard by the Chancery Court of Davidson County (general
jurisdiction).
18
Washington:
Most administrative agency rulings are appealed first to the Superior Court
(general jurisdiction) and then to the intermediate appellate court. Only cases
meeting specific statutory criteria are reviewed by the intermediate appellate
court directly from the administrative ruling.
19
Wisconsin:
Cases are taken to the Circuit Court (general jurisdiction) and are required to
go through a medical mediation panel, organized through the administrative
office of the courts.
20
Wyoming:
Medical malpractice tribunals have been eliminated.
District Courts may hear appeals or certify directly to the court of last resort.
21
22
.
156 State Court Organization, 2004
Part V: Trial Courts: Administration, Specialized Jurisdiction, and Procedures
Perhaps the most fundamental feature of state trial
court systems is the distribution of subject matter
jurisdiction. The pattern followed in each state and the
differences among states are most readily identified by
means of the court structure charts found in Part VIII.
Trial court administration generally involves judges
with managerial responsibility (presiding, chief, or
administrative judges of the court or of divisions within
the court), clerks of court, and trial court administrators.
A chief or presiding judge generally serves as an
executive overseer who ensures that court policy is
implemented. Their method of selection and terms of
office are described in Table 6, whereas Table 28
highlights their specific responsibilities across nine
areas. This is a substantially enhanced coverage of the
role of the administrative judge from that provided in
1998.
The vital administrative tasks of a clerk of court are
typically the responsibility of an elected or appointed
official. The method of selection may vary among the
general jurisdiction courts of the individual states. Court
administrators, by contrast, are not elected officials and
are most often appointed by the chief or presiding judge.
Table 29 reports the number of clerks and administrators
serving each court system in a state and their method of
selection.
A clerk of court typically has responsibility for
docketing cases, collecting court fees, overseeing jury
selection, and maintaining all court records. While clerks
of court are traditional positions in almost all state court
systems, trial court administrators are more recent
participants in the management of court operations.
They are responsible for the non-judicial aspects of court
administration including staffing, budgets, efficient
caseload processing, etc. In some trial court systems,
the same official is both the administrator and the clerk.
Information on the specific responsibilities in ten
functional areas of both clerks of court and trial court
administrators can be found in Table 30.
Problem solving courts have emerged in most states
over the past several years and specialize in targeting
issue areas such as domestic violence and drug
addiction. Table 31 lists six different types of problem
solving courts and indicates the number of each type
operational in the individual states. By far, the most
common problem solving courts are drug courts and
family courts. In most cases, family courts are a unit of a
district, circuit, trial, or superior court rather than being
independent. The jurisdiction assigned to family courts in
each state is detailed in Table 32. The table also
indicates whether family courts exist statewide or only in
a limited number of local jurisdictions.
Table 33 recognizes the significant role that Native
American tribal courts have in many states by indicating
the number and types of tribal courts that are in place in
each state. Public Law 280 (1953) extended state
jurisdiction over civil and criminal cases to Native
American lands. Table 33 indicates whether a state has
assumed that jurisdiction. This listing is not a
comprehensive guide to the presence of tribal courts.
The table is compiled from several sources, listed below,
and cannot be regarded as definitive. The territory of
tribal lands is not necessarily bounded within a state,
making the presentation of accurate descriptive
information on tribal courts problematic for this volume’s
format.
Moreover, there is a complex division of
jurisdiction over civil disputes and criminal offenses
between federal, state, and tribal courts. As such, there
are Tribal Court-State Court Forums in a number of
states, with the Tribal Courts and State Courts: The
Prevention and Resolution of Jurisdictional Disputes
Project, established in 1989, as an example. Additional
information on tribal courts can be obtained by
contacting the organizations responsible for the volumes
used as sources or the individual courts.
The status of cameras in trial and appellate courts is
described on a state-by-state basis in Table 34.
Television cameras may be allowed in some courts and
for some types of proceedings within a given state.
Whether camera coverage is carried out on an
experimental basis or has permanent status is indicated,
as is whether the consent of the parties is required.
All but three states (Idaho, Montana and Utah)
provide for an insanity defense. For the other states,
Table 35 indicates the legal test for insanity and
highlights pre-trial, trial, and post-trial standards and
procedures for each state.
Recent scientific advances have enabled law
enforcement to solve crimes by extracting DNA from a
mere speck of blood or a strand of hair left at a crime
scene. Table 36 provides information on the 45 states
that have adopted a statute regarding post-conviction
analysis of DNA evidence. This table, included for the
first time in the 2004 edition, specifies the time limit for
relief, convictions for which relief may be sought, the
length of time biological evidence must be preserved,
and the standard for granting DNA testing.
Finally, the methods employed by each state’s trial
courts to make the trial record available can be found in
Table 37. This topic was last addressed in State Court
Organization 1993. The table first indicates whether or
not a trial court makes a verbatim record. If a record is
made, four specific methods are listed, with a provision
for states to fill in any other methods being used.
Trial courts 157
Select General Bibliography:
Pam Casey, Trial Court Performance Standards:
Implementation Profiles, Williamsburg, VA: National
Center for State Courts, 2003.
Fred L. Cheesman, et al., Developing Statewide
Performance Measures for Drug Courts, Williamsburg,
VA: National Center for State Courts, 2004.
Steven W. Hays and Cole Blease Graham, Jr.,
Handbook of Court Administration and Management,
New York: Marcel Dekker, 1993.
Martindale Hubbell, United States Law Digest, Summit,
NJ: Martindale Hubbell, 2004 (Up-to-date digests of the
laws of the 50 states and text of more than 50 uniform
codes and model acts).
F. Dale Kasparek, Leading the Unfinished Reform: The
Future of Third Branch Administration, Williamsburg, VA:
National Center for State Courts, 2005.
Ruthie Elizabeth Reeves Stewart, The Changing
Relationship Between Cameras and the Courts, Ann
Arbor, MI: University of Michigan, 1998.
Table 31:
Pam Casey and David Rottman, Problem Solving
Courts: Models and Trends, Williamsburg, VA: National
Center for State Courts, 2003. Available
online:http://www.ncsconline.org/WC/Publications/COM
M_ProSolProbSolvCtsPub.pdf.
C. West Huddleston, III, Karen Freeman-Wilson,
Douglas Marlowe, and Aaron Rousell, Painting the
Current Picture: A National Report Card on Drug Courts
and Other Problem-Solving Court Programs in the
United States, Vol 1, No. 2 (May 2005).
Robert W. Tobin, Creating the Judicial Branch: The
Unfinished Reform, Williamsburg, VA: National Center
for State Courts, 1999.
David B. Wexler, “Therapeutic Jurisprudence: It's Not
Just for Problem-Solving Courts and Calendars
Anymore,” Williamsburg, VA: National Center for State
Courts, 2004. Available online:
http://www.ncsconline.org/WC/Publications/Trends/SpeP
roTherapTrends2004.html#_Therapeutic_Jurisprudence
_and.
158 State Court Organization, 2004
Table 32:
American Bar Association, United Family Courts: A
Progress Report, 1998.
Contents originally derived from Barbara A. Babb,
Fashioning an Interdisciplinary Framework for Court
Reform in Family Law: A Blueprint to Construct a Unified
Family Court, Southern California Law Review, Vol. 71,
No.3, University of Southern California: March, 1998.
Carol R. Flango, “Trends 2002: Family Friendly Courts.”
Williamsburg, VA: National Center for State Courts,
2002. Available online:
http://www.ncsconline.org/WC/Publications/KIS_FamJus
_Trends02_FamFriendPub.pdf.
Table 33:
Bureau of Indian Affairs, Native American Tribal Court
Profiles, Washington, D.C., 1985.
Department of the Interior, Bureau of Indian Affairs,
Indian Entities Recognized as Eligible to Receive
Services for the United States Bureau of Indian Affairs
(also Federal Register Vol. 68, No. 234, December 5,
2003).
William C. Canby, Jr., American Indian Law in a
Nutshell: Third Edition, St. Paul, MN: West Publishing,
1998.
Carol Goldberg-Ambrose, Planting Tail Feathers: Tribal
Survival and Public Law 280 (UCLA American Studies
Center: 1997) (with Time Seward).
H. Clifton Grandy and Ted Rubin, Tribal Court – State
Court Forums, Williamsburg, VA: National Center for
State Courts, 1993.
National American Indian Court Judges Association,
Tribal Court Database, May 28, 1998.
National Indian Court Justices Association, Indian Court
Judges Directory: Third Edition, Washington, D.C., 1991.
Native American Tribal Court Database,
http://www.tribalcourts.com/
(last visited December 7, 2005).
Table 28. Presiding Judges: Authority and Responsibilities
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; VA=Varies; NR=No response; N/S=Not stated; ~=Not applicable; ]=Yes
“Presiding Judge” is defined as the judge responsible for the administrative management of a court.
Authority
Does the presiding judge:
Receive extra
compensation?
Continue
to hear
cases?
Have a
reduced
caseload?
Source
Geographic
extent
Presiding Judge
~
Presiding Judge
~
Statute/Rules
~
Statute/Rules
~
Ind. circuit
~
City
~
Alaska
GJ Superior
LG District
Presiding Judge
Presiding Judge
Statute/Rules
Statute/Rules
Ind. circuit
Ind. circuit
]
Arizona
GJ Superior
LJ Justice of the Peace
LJ Municipal
Presiding Judge
Presiding Justice of the Peace
Presiding Judge
Const/Rules/Order
Administrative Order
Administrative Order
County
County
City
]
VA
Arkansas
GJ Circuit
LJ District
LJ City
Administrative Judge
~
~
Rules
~
~
Ind. circuit
~
~
~
~
~
~
~
~
California
GJ Superior
Presiding Judge
Statute/Rules
County
]
]
]
Colorado
GJ District
GJ Denver Probate
GJ Denver Juvenile
GJ Water
LJ County
LJ Municipal
Chief Judge
Presiding Judge
Chief Judge
Water Court Judge
Presiding County Court Judge
N/S
Chief Justice
Chief Justice
Chief Justice
Chief Justice
Chief Justice
N/S
Mult. circuits
Ind. circuit
Ind. circuit
Ind. circuit
County
N/S
Connecticut
GJ Superior
LJ Probate
Administrative Judge
~
Statute
~
Delaware
GJ Superior
LJ Chancery
LJ Justice of the Peace
LJ Family
LJ Common Pleas
LJ Alderman’s
~
~
Chief Magistrate
~
~
~
District of Columbia
GJ Superior
Title
Alabama
GJ Circuit
LJ District
LJ Municipal
LJ Probate
]
~
]
~
~
~
~
~
]
]
]
VA
VA
]
]
]
]
]
]
N/S
N/S
Ind. circuit
~
]
]
~
~
~
~
~
Constitution
~
~
~
~
~
State
~
~
~
~
~
~
~
~
~
]
]
]
~
~
~
~
~
~
~
~
~
Chief Judge
Chief Justice
District
]
]
Florida
GJ Circuit
LJ County
Chief Judge
Chief Judge
Statute/Rules
Statute/Rules
Ind. circuit
Ind. circuit
VA
VA
Georgia
GJ Superior
LJ Juvenile
LJ Civil
LJ State
LJ Probate
LJ Magistrate
LJ Municipal
LJ County Recorder’s
LJ Municipal/City of Atlanta
Chief Judge
Chief Judge
Chief Judge
Chief Judge
~
Chief Magistrate
Chief Judge
Chief Judge
Chief Judge
Rules
Rules
Rules
Rules
~
Rules
Rules
Rules
Rules
Ind. circuit
County
County
County
~
County
City
County
City
]
]
Hawaii
GJ Circuit
LJ District
Administrative Judge
Administrative Judge
Statute/Rules
Statute/Rules
Ind. circuit
Ind. circuit
N/S
N/S
~
N/S
]
]
]
N/S
]
N/S
VA
VA
]
~
~
]
]
]
]
N/S
Trial courts 159
Table 28. Presiding Judges: Authority and Responsibilities
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; VA=Varies; NR=No response; N/S=Not stated; ~=Not applicable; ]=Yes
“Presiding Judge” is defined as the judge responsible for the administrative management of a court.
Supervise nonjudicial
employees
Alabama
GJ Circuit
LJ District
LJ Municipal
LJ Probate
Assign
cases
to
judges
Responsibilities of presiding judge:
Assign Request & Select
Establish
quasi- Supervise
assign
judges to
special
fiscal
judicial
visiting
court
committees
affairs
officers
judges
divisions
]
]
]
]
~
~
~
]
]
]
~
~
Represent
the court in
community
relations
Maintain
statistical
& mgmt.
data
]
]
]
]
~
~
~
~
]
]
~
~
~
~
~
~
~
~
~
Alaska
GJ Superior
LG District
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
Arizona
GJ Superior
LJ Justice of the Peace
LJ Municipal
]
]
]
]
]
]
]
]
VA
]
]
]
]
]
]
]
]
]
]
~
~
~
~
~
~
~
~
~
~
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
Arkansas
GJ Circuit
LJ District
LJ City
California
GJ Superior
Colorado
GJ District
GJ Denver Probate
GJ Denver Juvenile
GJ Water
LJ County
LJ Municipal
Connecticut
GJ Superior
LJ Probate
Delaware
GJ Superior
LJ Chancery
LJ Justice of the Peace
LJ Family
LJ Common Pleas
LJ Alderman’s
District of Columbia
GJ Superior
]
]
Hawaii
GJ Circuit
LJ District
160 State Court Organization, 2004
]
]
]
]
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
N/S
N/S
N/S
N/S
N/S
N/S
N/S
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
]
]
]
]
]
]
]
]
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
N/S
N/S
]
]
~
Florida
GJ Circuit
LJ County
Georgia
GJ Superior
LJ Juvenile
LJ Civil
LJ State
LJ Probate
LJ Magistrate
LJ Municipal
LJ County Recorder’s
LJ Municipal/City of Atlanta
]
]
]
]
]
VA
~
]
]
]
]
~
]
VA
]
]
~
~
~
]
]
]
]
~
]
~
~
]
]
]
]
]
]
N/S
N/S
N/S
N/S
N/S
N/S
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
]
]
]
Table 28. Presiding Judges: Authority and Responsibilities
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; VA=Varies; NR=No response; N/S=Not stated; ~=Not applicable; ]=Yes
“Presiding Judge” is defined as the judge responsible for the administrative management of a court.
Authority
Title
Does the presiding judge:
Source
Geographic
extent
Receive extra
compensation?
Continue
to hear
cases?
Have a
reduced
caseload?
Statute/Rules
Statute/Rules
Ind. circuit
Ind. circuit
]
]
]
]
]
Constitution
Ind. circuit
VA
~
~
~
~
VA
~
~
~
~
Idaho
GJ District
LJ Magistrate’s Division
Admin. District Judge
Admin. District Judge
Illinois
GJ Circuit
Chief Circuit Judge
Indiana
GJ Superior and Circuit
GJ Probate
LJ County
LJ City and Town
LJ Small Claims/Marion County
VA
~
~
~
~
Iowa
GJ District
Chief Judge
Statute/Rules
Kansas
GJ District
LJ Municipal
Chief Judge
2
Chief Judge
Kentucky
GJ Circuit
LJ District
]
]
VA
~
~
~
~
VA
~
~
~
~
VA
~
~
~
~
Ind. circuit
]
]
]
Statute/Rules
Appointing authority
Ind. district
City
]
N/S
]
]
VA
N/S
Chief Judge
Chief Judge
Rules
Rules
Ind/Mult circuit
Ind/Mult circuit
]
]
]
]
Louisiana
GJ District
GJ Juvenile & Family
LJ Justice of the Peace
LJ Mayor’s
LJ City & Parish
Chief Judge (may vary)
Chief Judge (may vary)
~
~
Chief Judge (may vary)
Rules
Rules
~
~
Rules
Ind. circuit
Ind. circuit
~
~
County or city
Maine
GJ Superior
GJ District
LJ Probate
NR
NR
NR
NR
NR
NR
NR
NR
NR
Maryland
GJ Circuit
LJ District
LJ Orphan’s
Administrative Judge
Administrative Judge
~
N/S
N/S
~
Ind. circuit
Ind. district
~
Massachusetts
GJ Superior
LJ District
LJ Probate & Family
LJ Juvenile
LJ Housing
LJ Boston Municipal
LJ Land
Regional Admin. Justice
First Justice
First Justice
First Justice
First Justice
First Justice
Chief Justice
Appointing authority
Statute
Statute
Statute
Statute
Statute
Statute
Region
Division
Division
Division
Division3
Division
State
Michigan
GJ Circuit
GJ Claims
LJ District
LJ Probate
LJ Municipal
Chief Judge
Chief Judge
Chief Judge
Chief Judge
Chief Judge
Rules
Rules
Rules
Rules
Rules
Ind. circuit
Ind. circuit
Ind. circuit
County
City
Minnesota
GJ District
Chief Judge
Chief Justice
Ind. circuit
]
]
~
~
~
~
~
~
]
NR
NR
NR
NR
NR
NR
NR
NR
NR
]
]
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
Trial courts 161
Table 28. Presiding Judges: Authority and Responsibilities
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; VA=Varies; NR=No response; N/S=Not stated; ~=Not applicable; ]=Yes
“Presiding Judge” is defined as the judge responsible for the administrative management of a court.
Idaho
GJ District
LJ Magistrate’s Division
Illinois
GJ Circuit
Indiana
GJ Superior and Circuit
GJ Probate
LJ County
LJ City and Town
LJ Small Claims/Marion County
Iowa
GJ District
Kansas
GJ District
LJ Municipal
Kentucky
GJ Circuit
LJ District
Louisiana
GJ District
GJ Juvenile & Family
LJ Justice of the Peace
LJ Mayor’s
LJ City & Parish
Maine
GJ Superior
GJ District
LJ Probate
Maryland
GJ Circuit
LJ District
LJ Orphan’s
Massachusetts
GJ Superior
LJ District
LJ Probate & Family
LJ Juvenile
LJ Housing
LJ Boston Municipal
LJ Land
Michigan
GJ Circuit
GJ Claims
LJ District
LJ Probate
LJ Municipal
Minnesota
GJ District
162 State Court Organization, 2004
Responsibilities of presiding judge:
Assign Request & Select
Establish
quasi- Supervise
assign
judges to
special
fiscal
judicial
visiting
court
committees
affairs
officers
judges
divisions
Supervise
nonjudicial
employees
Assign
cases
to
judges
]
]
]
]
]
]
]
]
]
]
]
]
]
VA
~
~
~
~
VA
~
~
~
~
VA
~
~
~
~
VA
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
VA
~
~
~
~
VA
~
~
~
~
VA
~
~
~
~
VA
~
~
~
~
VA
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
~
~
~
~
~
~
~
~
]
]
]
]
]
]
]
~
~
~
~
~
~
]
NR
NR
NR
]
~
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
~
~
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
Maintain
statistical
& mgmt.
data
]
]
]
~
~
1
Represent
the court in
community
relations
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
Table 28. Presiding Judges: Authority and Responsibilities
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; VA=Varies; NR=No response; N/S=Not stated; ~=Not applicable; ]=Yes
“Presiding Judge” is defined as the judge responsible for the administrative management of a court.
Authority
Does the presiding judge:
Receive extra
compensation?
Continue
to hear
cases?
Have a
reduced
caseload?
Title
Source
Geographic
extent
Mississippi
GJ Circuit
LJ Chancery
LJ County
LJ Municipal
LJ Justice
Senior Judge
Senior Judge
~
~
~
Statute
Statute
~
~
~
Ind. circuit
Ind. circuit
~
~
~
~
~
~
Missouri
GJ Circuit
LJ Municipal
Presiding Judge
VA
Constitution
Constitution
Ind. circuit
City
VA
Montana
GJ District
GJ Workers’ Compensation
GJ Water
LJ Justice of the Peace
LJ Municipal
LJ City
Chief Judge
~
Chief Water Judge
~
~
~
Constitution
~
Statute
~
~
~
Ind. circuit
~
State
~
~
~
Nebraska
GJ District
LJ Separate Juvenile
LJ County
LJ Workers’ Compensation
Presiding Judge
Presiding Judge
Presiding Judge
Presiding Judge
N/S
N/S
N/S
N/S
Ind. circuit
County
Ind. circuit
State
]
]
Nevada
GJ District
LJ Justice
LJ Municipal
Chief Judge
Chief or Admin. Judge
Chief or Admin Judge
Statute
Statute
City charter
Ind. circuit
Township
City4
]
]
]
]
N/S
New Hampshire
GJ Superior
LJ District
LJ Probate
Supervisory Judge
Justice
~
Chief Justice
Statute
~
County
City
~
]
New Jersey
GJ Superior
LJ Tax
LJ Municipal
Assignment Judge
Presiding Judge
Presiding Judge
Rules
Statute
Statute
Vicinage
State
Vicinage
New Mexico
GJ District
LJ Magistrate
LJ Metropolitan/Bernalillo County
LJ Municipal
LJ Probate
Chief Judge
Chief Magistrate
Chief Judge
N/S
N/S
Statute
Policy directive
Statute
N/S
N/S
Ind. district
Court
Ind. district
N/S
N/S
New York
GJ Supreme
GJ County
GJ Claims
LJ Surrogates’
LJ Family
LJ District and City
LJ NYC Civil
LJ NYC Criminal
LJ Town & Village Justice
District Admin Judge
District Admin Judge
Presiding Judge
District Admin Judge
8
District Admin Judge
District Admin Judge
Administrative Judge
Administrative Judge
District Admin Judge
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
Ind. district
Ind. district
State
Ind. district
Ind. district
Ind. district
City
City
Ind. district
]
North Carolina
GJ Superior
LJ District
Senior Resident Judge
Chief District Ct. Judge
Statute
Statute
Ind. circuit
Ind. circuit
]
]
]
]
North Dakota
GJ District
LJ Municipal
Presiding Judge
~
Statute
~
Ind. circuit
~
]
]
~
~
7
]
]
~
~
~
~
~
~
]
VA
VA
]
]
~
~
~
]
~
~
~
~
~
~
]
]
~
~
~
]
]
~
~
~
]
]
]
]
]
]
]
]
VA
]
]
]
N/S
N/S
N/S
N/S
N/S
N/S
]
]
]
]
]
]
VA
]
]
]
]
~
Trial courts 163
Table 28. Presiding Judges: Authority and Responsibilities
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; VA=Varies; NR=No response; N/S=Not stated; ~=Not applicable; ]=Yes
“Presiding Judge” is defined as the judge responsible for the administrative management of a court.
Supervise
nonjudicial
employees
Mississippi
GJ Circuit
LJ Chancery
LJ County
LJ Municipal
LJ Justice
Missouri
GJ Circuit
LJ Municipal
Montana
GJ District
GJ Workers’ Compensation
GJ Water
LJ Justice of the Peace
LJ Municipal
LJ City
Nebraska
GJ District
LJ Separate Juvenile
LJ County
LJ Workers’ Compensation
Nevada
GJ District
LJ Justice
LJ Municipal
New Hampshire
GJ Superior
LJ District
LJ Probate
New Jersey
GJ Superior
LJ Tax
LJ Municipal
New Mexico
GJ District
LJ Magistrate
LJ Metropolitan/Bernalillo County
LJ Municipal
LJ Probate
New York
GJ Supreme
GJ County
GJ Claims
LJ Surrogates’
LJ Family
LJ District and City
LJ NYC Civil
LJ NYC Criminal
LJ Town & Village Justice
North Carolina
GJ Superior
LJ District
North Dakota
GJ District
LJ Municipal
164 State Court Organization, 2004
Assign
cases
to
judges
Responsibilities of Presiding Judge:
Assign Request & Select
Establish
quasi- Supervise
assign
judges to
special
fiscal
judicial
visiting
court
committees
affairs
officers
judges
divisions
Represent
the court in
community
relations
Maintain
statistical
& mgmt.
data
]
]
]
]
]
]
]
]
]
]
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
]
]
]
]
]
VA
~
]
VA
~
~
~
~
~
~
~
~
~
~
~
~
~
VA
]
]
]
]
]
]
]
]
~
~
]
]
~
~
~
~
~
~
]
]
~
]
]
]
]
~
~
~
]
]
]
]
]
]
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
5
]
]
]
]
]
]
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
]
]
]
]
]
]
N/S
N/S
]
~
~
~
]
]
]
]
]
6
~
~
]
]
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
N/S
N/S
N/S
N/S
N/S
N/S
]
]
]
]
]
]
]
]
]
]
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
~
]
]
]
]
]
]
]
]
]
]
]
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
~
Table 28. Presiding Judges: Authority and Responsibilities
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; VA=Varies; NR=No response; N/S=Not stated; ~=Not applicable; ]=Yes
“Presiding Judge” is defined as the judge responsible for the administrative management of a court.
Authority
Receive extra
compensation?
Continue
to hear
cases?
Have a
reduced
caseload?
]
]
Source
Geographic
extent
Statute/Rules
Statute/Rules
Statute/Rules
~
~
County
County or city
VA
~
~
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
Presiding Judge
Tax Court Judge
N/S
~
~
Statute
Statute
N/S
~
~
Ind. circuit
State
N/S
~
~
N/S
~
~
N/S
~
~
N/S
~
~
President Judge
President Judge
Statute
Statute
Ind. circuit
Ind. circuit
]
]
]
]
President/Admin Judge
Statute
Ind. circuit
]
]
]
]
VA
VA
VA
NR
NR
NR
NR
NR
State
State
State
State
N/S
N/S
State
]
]
]
]
]
]
]
]
]
N/S
N/S
N/S
N/S
]
]
]
]
]
VA
Title
Ohio
GJ Common Pleas
LJ Municipal
LJ County
LJ Claims
LJ Mayor’s
Admin or Presiding Judge
Admin or Presiding Judge
Admin or Presiding Judge
~
~
Oklahoma
GJ District
LJ Municipal Not of Record
LJ Municipal of Record
LJ Workers’ Compensation
LJ Tax Review
N/S
N/S
N/S
N/S
N/S
Oregon
GJ Circuit
GJ Tax
LJ County
LJ Justice
LJ Municipal
Pennsylvania
GJ Common Pleas
LJ Philadelphia Municipal
LJ Magisterial District Judges
LJ Philadelphia Traffic
Does the presiding judge:
10
10
Puerto Rico
GJ First Instance
NR
Rhode Island
GJ Superior
LJ Workers’ Compensation
LJ District
LJ Family
LJ Probate
LJ Municipal
LJ Traffic Tribunal
Presiding Justice
Chief Judge
Chief Judge
Chief Judge
N/S
N/S
Chief Judge
Statute
Statute
Statute
Statute
N/S
N/S
Statute
South Carolina
GJ Circuit
LJ Family
LJ Magistrate
LJ Probate
LJ Municipal
Chief Judge
Chief Judge
Chief Magistrate
~
Chief Judge
Chief Justice
Chief Justice
Chief Justice
~
Chief Justice
South Dakota
GJ Circuit
LJ Magistrate
Presiding Circuit Judge
~
Tennessee
GJ Circuit
GJ Chancery
GJ Criminal
GJ Probate
LJ Juvenile
LJ Municipal
LJ General Sessions
Presiding Judge
Presiding Judge
Presiding Judge
N/S
~
~
~
Texas
GJ District
LJ County-level
LJ Justice of the Peace
LJ Municipal
Admin. District Judge
Admin. County Ct. Judge
~
Presiding Judge
10
Ind. circuit
Circuit
County
~
City
]
]
]
]
~
~
~
~
~
~
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
]
9
]
11
]
~
]
]
]
N/S
N/S
]
~
~
]
]
]
~
~
Statute
~
Ind. circuit
~
N/S
N/S
N/S
N/S
~
~
~
Ind. circuit
Ind. circuit
Ind. circuit
N/S
~
~
~
N/S
~
~
~
N/S
~
~
~
Statute
Statute
~
VA
County
County
~
City
VA
VA
~
N/S
]
~
]
]
]
N/S
~
~
~
]
~
N/S
~
N/S
Trial courts 165
Table 28. Presiding Judges: Authority and Responsibilities
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; VA=Varies; NR=No response; N/S=Not stated; ~=Not applicable; ]=Yes
“Presiding Judge” is defined as the judge responsible for the administrative management of a court.
Ohio
GJ Common Pleas
LJ Municipal
LJ County
LJ Claims
LJ Mayor’s
Oklahoma
GJ District
LJ Municipal Not of Record
LJ Municipal of Record
LJ Workers’ Compensation
LJ Tax Review
Oregon
GJ Circuit
GJ Tax
LJ County
LJ Justice
LJ Municipal
Pennsylvania
GJ Common Pleas
LJ Philadelphia Municipal
LJ Magisterial District Judges
LJ Philadelphia Traffic
Puerto Rico
GJ First Instance
Rhode Island
GJ Superior
LJ Workers’ Compensation
LJ District
LJ Family
LJ Probate
LJ Municipal
LJ Traffic Tribunal
South Carolina
GJ Circuit
LJ Family
LJ Magistrate
LJ Probate
LJ Municipal
South Dakota
GJ Circuit
LJ Magistrate
Tennessee
GJ Circuit
GJ Chancery
GJ Criminal
GJ Probate
LJ Juvenile
LJ Municipal
LJ General Sessions
Texas
GJ District
LJ County-level
LJ Justice of the Peace
LJ Municipal
166 State Court Organization, 2004
Responsibilities of presiding judge:
Assign Request & Select
Establish
quasi- Supervise
assign
judges to
special
fiscal
judicial
visiting
court
committees
affairs
officers
judges
divisions
Represent
the court in
community
relations
Maintain
statistical
& mgmt.
data
]
]
]
]
]
]
~
~
~
~
~
~
~
~
~
~
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
]
]
]
]
]
]
]
]
]
]
]
]
Supervise
nonjudicial
employees
Assign
cases
to
judges
]
]
]
]
]
]
]
]
]
~
~
~
~
~
~
~
~
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
]
]
]
]
]
]
]
]
]
N/S
~
~
N/S
~
~
N/S
~
~
N/S
~
~
N/S
~
~
N/S
~
~
N/S
~
~
N/S
~
~
N/S
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
NR
NR
NR
NR
NR
NR
NR
NR
NR
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
N/S
N/S
N/S
N/S
N/S
N/S
]
]
~
N/S
N/S
]
]
]
]
]
~
~
]
]
N/S
N/S
]
]
]
~
]
]
]
]
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
]
]
]
]
]
]
]
~
~
~
]
~
~
]
]
]
]
~
~
]
]
]
]
]
]
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
N/S
~
~
~
N/S
~
~
~
N/S
~
~
~
N/S
~
~
~
]
]
]
]
~
~
]
]
]
~
N/S
~
~
~
N/S
~
~
~
N/S
~
~
~
N/S
~
~
~
12
]
]
]
]
12
]
]
]
]
~
N/S
~
N/S
~
N/S
~
N/S
]
]
~
N/S
~
~
~
]
~
~
~
]
~
N/S
Table 28. Presiding Judges: Authority and Responsibilities
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; VA=Varies; NR=No response; N/S=Not stated; ~=Not applicable; ]=Yes
“Presiding Judge” is defined as the judge responsible for the administrative management of a court.
Authority
Utah
GJ District
LJ Justice
LJ Juvenile
Does the presiding judge:
Receive extra
compensation?
Continue
to hear
cases?
Have a
reduced
caseload?
]
Title
Source
Geographic
extent
Presiding Judge
~
Presiding Judge
Statute
~
Statute
Ind. circuit
~
Ind. circuit
]
]
~
~
~
]
]
]
Statute/Order
State
]
]
]
13
Vermont
GJ Superior
GJ District
GJ Family
LJ Probate
LJ Environmental
LJ Judicial Bureau
Administrative Judge for
Trial Courts
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
N/S
N/S
Ind. circuit
Ind. circuit
]
]
Rules
Rules
Rules
Jud. district
County
City
]
N/S
N/S
~
N/S
Ind. circuit
County
~
Ind. Circuit
]
]
Virginia
GJ Circuit
LJ District
Chief Judge
Chief Judge
Washington
GJ Superior
LJ District
LJ Municipal
Presiding Judge
Presiding Judge
Presiding Judge
West Virginia
GJ Circuit
LJ Magistrate
LJ Municipal
LJ Family
Chief Judge
Chief Judge
~
Chief Judge
Wisconsin
GJ Circuit
15
LJ Municipal
Chief Judge
Presiding Judge
Wyoming
GJ District
LJ Circuit
LJ Municipal
~
Supervising Judge
~
Statute
VA
~
N/S
~
Mult. Circuit
City
~
Ind. circuit
~
]
]
]
~
~
~
]
14
~
]
]
VA
~
~
]
~
~
~
FOOTNOTES:
Idaho:
1
The Administrative District Judge of the District Court makes state and county
budget recommendations.
Kansas:
2
Only the three largest Municipal Courts have a Chief Judge.
Massachusetts:
3
Four divisions are multi-city; one comprises only the City of Boston.
Nevada:
4
The municipalities often have different boundaries than the general city
geographic boundaries. The court only has jurisdiction within the municipality
boundaries.
5
One district Chief Judge has ultimate decision on appeals of personnel matters.
8
Within New York City, there is one Administrative Judge of the New York City
Family Court. The administrative Judge has administrative authority over the
entire city, and the responsibilities of the Administrative Judge are the same as
that of a District Administrative judge with the exception that the Administrative
Judge can establish standing or special committees of judges.
Oregon:
9
The Presiding Judge in the largest courts has a reduced caseload.
Pennsylvania:
10
The Common Pleas Court President Judge for each judicial district is also the
President Judge for all Magisterial District Judges Courts in the judicial district.
South Carolina:
11
The 9th Circuit has a Chief Judge for every county in the circuit.
New Jersey:
6
The assignment judge recommends to the Chief Justice the assignment of
judges to court divisions.
Texas:
12
Local administrative judges may request that judges be assigned; however,
assignments are made by the regional presiding judges.
New York:
7
Within New York City, there are six presiding judges of the Supreme Court.
Each presiding judge, titled Administrative Judge, has administrative authority
over a county or counties. The responsibilities of the Administrative Judge are
the same as that of the District Administrative Judge with the exception of the
following: the Administrative Judge does continue to hear cases, but has a
reduced caseload and the Administrative Judge does establish standing or
special committees of judges.
Vermont:
13
Vermont employs one statewide Administrative Judge that oversees all of the
trial courts.
Wisconsin:
14
Except District 1, which is an individual circuit (Milwaukee County).
15
This court is only in Milwaukee.
Trial courts 167
Table 28. Presiding Judges: Authority and Responsibilities
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; NR=No response; N/S=Not stated; ~=Not applicable; ]=Yes
“Presiding Judge” is defined as the judge responsible for the administrative management of a court.
Supervise
nonjudicial
employees
Utah
GJ District
LJ Justice
LJ Juvenile
Vermont
GJ Superior
GJ District
GJ Family
LJ Probate
LJ Environmental
LJ Judicial Bureau
Virginia
GJ Circuit
LJ District
Wisconsin
GJ Circuit
LJ Municipal
Wyoming
GJ District
LJ Circuit
LJ Municipal
168 State Court Organization, 2004
Responsibilities of presiding judge:
Assign Request & Select
Establish
quasi- Supervise
assign
judges to
special
fiscal
judicial
visiting
court
committees
affairs
officers
judges
divisions
Represent
the court in
community
relations
Maintain
statistical
& mgmt.
data
]
]
]
~
~
~
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
13
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
~
~
~
~
~
13
Washington
GJ Superior
LJ District
LJ Municipal
West Virginia
GJ Circuit
LJ Magistrate
LJ Municipal
LJ Family
Assign
cases
to
judges
13
]
]
]
~
~
13
~
13
]
~
13
13
13
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
]
~
Table 29. Selection and Number of Trial Court Clerks and Trial Court Administrators
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; NR=No response; N/S=Not stated; ~=Not applicable
Clerks of court
Trial court administrators
Number of clerks that are:
Appointed by
Appointed by nonElected judicial branch judicial branch body
Alabama
GJ Circuit
LJ District
LJ Municipal
LJ Probate
Arkansas
GJ Circuit
LJ District
LJ City
California
GJ Superior
Colorado
GJ District
GJ Denver Probate
GJ Denver Juvenile
9
GJ Water
LJ County
LJ Municipal
~
~
256
~
~
Georgia
GJ Superior
LJ Juvenile
LJ Civil
LJ State
LJ Probate
LJ Magistrate
LJ Municipal
LJ County Recorder’s
LJ Municipal/City of Atlanta
~
~
5
~
~
~
~
~
]
4
80
62
]
]
]
]
]
]
5
5
6
6
~
~
~
~
~
~
~
7
62
~
1
7
7
69
N/S
N/S
4
]
58
]
22
8
8
8
N/S
N/S
N/S
~
~
~
~
~
~
~
~
~
~
~
~
1
~
1
~
1
1
1
~
~
~
]
]
]
1 or 2
~
~
~
1
1
~
1
~
~
~
~
]
67
10
20
10
10
]
15911
4
12
12
]
]
11
29
N/S
12
~
~
N/S
~
1
~
~
N/S
~
1
1
7
N/S
]
~
3
~
~
N/S
20
3
3
13
4
~
~
]
3
~
44
15
~
~
]
]
~
13
310
~
~
N/S
~
3
]
75
N/S
2
3
15
Hawaii
GJ Circuit
LJ District
Idaho
GJ District
LJ Magistrate’s Division
]
~
3
~
Other
~
43
District of Columbia
GJ Superior
Florida
GJ Circuit
LJ County
Judges
Number that serve by:
Individual
Region
court
]
1
Connecticut
GJ Superior
LJ Probate
Delaware
GJ Superior
LJ Chancery
LJ Justice of the Peace
LJ Family
LJ Common Pleas
LJ Alderman’s
AOC
68
Alaska
GJ Superior
LG District
Arizona
GJ Superior
LJ Justice of the Peace
LJ Municipal
Appointed by:
~
~
~
~
]
~
~
~
~
~
~
]
~
~
~
~
]
~
]
28
~
~
~
~
~
12
12
12
12
13
]
13
41
14
~
~
~
~
3
~
1
7
13
Trial courts 169
Table 29. Selection and Number of Trial Court Clerks and Trial Court Administrators
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; NR=No response; N/S=Not stated; ~=Not applicable
Clerks of court
Trial court administrators
Number of clerks that are:
Appointed by
Appointed by nonElected judicial branch judicial branch body
Illinois
GJ Circuit
Indiana
GJ Superior and Circuit
GJ Probate
LJ County
LJ City and Town
LJ Small Claims/Marion County
92
43
~
~
Kansas
GJ District
LJ Municipal
105
67
4
~
~
2
1
~
~
16
71
~
~
Maine
GJ Superior
GJ District
LJ Probate
NR
NR
NR
NR
NR
NR
NR
NR
NR
N/S
Missouri
GJ Circuit
LJ Municipal
170 State Court Organization, 2004
14
~
~
~
~
~
~
~
]
8
~
]
]
]
~
~
~
~
~
~
24
5
~
~
16
18
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
]
~
N/S
~
N/S
3
~
N/S
10
~
N/S
~
~
]
24
12
N/S
~
N/S
]
15
62
]
]
12
6
8
1
]
]
14
1
1
1
1
1
1
1
]
]
]
83
1
57
1
131
43
4
]
]
N/S
N/S
4
]
]
]
80
10
1
~
~
40
32
12
~
~
]
17
82
82
]
]
17
5
N/S
2
~
10
~
30
3
]
]
]
14
14
5
]
15
110
14
]
Louisiana
GJ District
GJ Juvenile & Family
LJ Justice of the Peace
LJ Mayor’s
LJ City & Parish
Mississippi
GJ Circuit
LJ Chancery
LJ County
LJ Municipal
LJ Justice
17
14
]
~
120
Minnesota
GJ District
]
14
380
N/S
Other
Number that serve by:
Individual
Region
court
]
Kentucky
GJ Circuit
LJ District
Michigan
GJ Circuit
GJ Claims
LJ District
LJ Probate
LJ Municipal
Judges
4
1
99
Massachusetts
GJ Superior
LJ District
LJ Probate & Family
LJ Juvenile
LJ Housing
LJ Boston Municipal
LJ Land
AOC
102
Iowa
GJ District
Maryland
GJ Circuit
LJ District
LJ Orphan’s
Appointed by:
N/S
86
~
~
N/S
]
~
~
~
~
]
]
]
6
18
300-400
Table 29. Selection and Number of Trial Court Clerks and Trial Court Administrators
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; NR=No response; N/S=Not stated; ~=Not applicable
Clerks of court
Trial court administrators
Number of clerks that are:
Appointed by
Appointed by nonElected judicial branch judicial branch body
Montana
GJ District
GJ Workers’ Compensation
GJ Water
LJ Justice of the Peace
LJ Municipal
LJ City
Nebraska
GJ District
LJ Separate Juvenile
LJ County
LJ Workers’ Compensation
Nevada
GJ District
LJ Justice
LJ Municipal
New Hampshire
GJ Superior
LJ District
LJ Probate
56
~
Judges
~
~
~
~
~
~
~
~
~
~
16
~
~
1
N/S
N/S
~
11
36
1
13
~
~
N/S
N/S
88
23
N/S
]
]
~
~
]
]
]
]
~
~
]
]
~
~
N/S
N/S
~
~
]
N/S
N/S
N/S
N/S
]
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
13
~
1
N/S
N/S
1
~
1
N/S
N/S
12
~
~
~
~
~
~
~
~
~
21
4
21
]
]
23
~
~
~
15
~
15
]
22
1
~
3
1
~
~
~
~
~
~
~
]
N/S
1
1
2
10
3
~
~
~
~
~
~
~
]
12
1
1
~
1
9
21
11
11
~
6
~
~
~
~
~
20
19
1,471
30
42
]
]
]
~
~
N/S
N/S
19
North Dakota
GJ District
LJ Municipal
~
]
]
]
45
19
37
1
66
86
1
1
1
100
100
~
]
1 or 2 per court
North Carolina
GJ Superior
LJ District
~
~
~
~
~
]
1
1
~
~
N/S
N/S
~
~
~
~
~
]
4
10
Other
Number that serve by:
Individual
Region
court
]
~
1
N/S
5
N/S
93
1
New York
GJ Supreme
GJ County
GJ Claims
LJ Surrogates’
LJ Family
LJ District and City
LJ NYC Civil
LJ NYC Criminal
LJ Town & Village Justice
Ohio
GJ Common Pleas
LJ Municipal
LJ County
LJ Claims
LJ Mayor’s
AOC
93
3
New Jersey
GJ Superior
LJ Tax
LJ Municipal
New Mexico
GJ District
LJ Magistrate
LJ Metropolitan/Bernalillo County
LJ Municipal
LJ Probate
Appointed by:
~
~
N/S
~
~
N/S
33
6
~
~
Trial courts 171
Table 29. Selection and Number of Trial Court Clerks and Trial Court Administrators
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; NR=No response; N/S=Not stated; ~=Not applicable
Clerks of court
Trial court administrators
Number of clerks that are:
Appointed by
Appointed by nonElected judicial branch judicial branch body
Oklahoma
GJ District
LJ Municipal Not of Record
LJ Municipal of Record
LJ Workers’ Compensation
LJ Tax Review
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
Oregon
GJ Circuit
GJ Tax
LJ County
LJ Justice
LJ Municipal
~
~
~
~
N/S
~
~
~
~
N/S
~
~
~
~
N/S
Pennsylvania
GJ Common Pleas
LJ Philadelphia Municipal
LJ Magisterial District Judges
LJ Philadelphia Traffic
Puerto Rico
GJ First Instance
Rhode Island
GJ Superior
LJ Workers’ Compensation
LJ District
LJ Family
LJ Probate
LJ Municipal
LJ Traffic Tribunal
South Carolina
GJ Circuit
LJ Family
LJ Magistrate
LJ Probate
LJ Municipal
60
Texas
GJ District
LJ County-level
LJ Justice of the Peace
LJ Municipal
Utah
GJ District
LJ Justice
LJ Juvenile
172 State Court Organization, 2004
AOC
Judges
Other
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
]
]
24
]
24
]
61
61
1
25
]
]
]
]
NR
NR
NR
NR
NR
N/S
N/S
~
~
~
N/S
N/S
N/S
N/S
~
~
~
~
~
~
~
~
~
~
95
95
N/S
~
~
~
~
N/S
~
N/S
~
~
~
~
N/S
~
254
254
1
N/S
N/S
~
~
~
~
~
~
~
~
~
~
29
~
~
~
]
30
13
~
30
12
~
~
NR
1
1
1
1
N/S
N/S
1
~
~
~
~
~
7
27
27
~
~
~
~
N/S
~
~
~
~
~
N/S
~
N/S
~
~
~
~
N/S
~
N/S
]
19
9
~
~
456
28
300
~
~
]
29
~
N/S
N/S
]
27
827
NR
]
61
N/S
N/S
N/S
NR
]
]
1
26
95
1
N/S
N/S
25
]
]
46
~
~
~
N/S
N/S
N/S
27
1
N/S
N/S
N/S
]
~
~
~
~
~
N/S
N/S
N/S
N/S
N/S
]
~
~
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
~
~
4
1
4
4
N/S
N/S
1
N/S
N/S
N/S
Number that serve by:
Individual
Region
court
N/S
N/S
N/S
25
25
South Dakota
GJ Circuit
LJ Magistrate
Tennessee
GJ Circuit
GJ Chancery
GJ Criminal
GJ Probate
LJ Juvenile
LJ Municipal
LJ General Sessions
Appointed by:
~
~
]
8
30
]
8
30
28
6
Table 29. Selection and Number of Trial Court Clerks and Trial Court Administrators
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; NR=No response; N/S=Not stated; ~=Not applicable
Clerks of court
Trial court administrators
Number of clerks that are:
Appointed by
Appointed by nonElected judicial branch judicial branch body
Vermont
GJ Superior
GJ District
GJ Family
LJ Probate
LJ Environmental
LJ Judicial Bureau
Virginia
GJ Circuit
LJ District
Washington
GJ Superior
LJ District
LJ Municipal
West Virginia
GJ Circuit
LJ Magistrate
LJ Municipal
LJ Family
Wisconsin
GJ Circuit
LJ Municipal
Wyoming
GJ District
LJ Circuit
LJ Municipal
Appointed by:
AOC
Judges
32
]
14
31
14
31
14
18
31
1
31
1
~
~
120
195
35
1
33
~
~
1
32
32
32
32
32
32
32
32
32
32
32
~
~
~
~
~
~
4
30
33
55
33
124
]
]
3
]
33
]
55
N/S
55
Other
Number that serve by:
Individual
Region
court
N/S
~
N/S
55
N/S
]
72
~
N/S
~
N/S
]
]
]
235
23
~
~
~
116
34
34
~
~
~
~
~
~
~
N/S
1
2
~
N/S
10
2
~
~
~
~
~
~
FOOTNOTES:
Alabama:
1
Clerks of court serve both the Circuit and District Courts.
2
Only the larger municipalities have trial court administrators.
Hawaii:
The chief court administrator in each circuit is both the clerk of court and the
trial court administrator.
Alaska:
3
Clerks of court and trial court administrators serve both the Superior and District
Courts.
Idaho:
13
Clerks of court and trial court administrators serve both the District Court and
the Magistrate’s Division.
Arizona:
4
Some of the larger Justice of the Peace and Municipal Courts have trial court
administrators.
Indiana:
14
Whether or not the Superior and Circuit Courts have a trial court administrator
and the method of selection for the trial court administrator vary by county.
Arkansas:
5
The District Court has a total of 124 clerks of court that are either elected or
appointed by the judiciary.
6
The City Court has a total of 93 clerks of court that are either elected or
appointed by the judiciary.
Kentucky:
15
Clerks of court serve both the Circuit and District Courts.
Colorado:
7
The District Court clerks of court also serve the County Court.
8
The District Court trial court administrators also serve the County court, and
three trial court administrators serve as District and County Court clerks.
9
Clerks of court and trial court administrators are not specifically assigned to the
Water Court; they oversee all functions of the District Courts, which includes the
Water Court.
Florida:
10
Clerks of court and trial court administrators serve both the Circuit and County
Courts.
Georgia:
11
One hundred twenty-five Superior Court clerks also serve the Juvenile Court.
12
Louisiana:
16
Many of the City and Parish Court trial court administrators also serve as
clerks of court.
Mississippi:
17
Nineteen of the 82 Circuit Court clerks of court also serve the County Courts.
Missouri:
18
The Municipal Courts use the terms clerk of court and trial court administrator
interchangeably. Many of these positions are part-time, and the title and method
of selection vary based on municipal ordinance.
New York:
19
Twenty clerks of court serve both the Supreme and County Courts.
20
Trial court administrators serve both the Supreme and County Courts.
North Carolina:
21
Trial court administrators serve both the Superior and District Courts.
Trial courts 173
Table 29. Selection and Number of Trial Court Clerks and Trial Court Administrators
North Dakota:
22
Trial court administrators serve both the District and Municipal Courts.
Ohio:
Clerks of court are appointed by the bench in counties with less than 100,000
residents, but are elected in counties with populations of 100,000 or more.
23
Utah:
Clerks of court are appointed by the trial court administrator. Nine clerks of
court and five trial court administrators serve both the District and Juvenile
Courts.
30
Oregon:
24
The presiding judge appoints the trial court administrator.
Vermont:
31
Clerks of court are appointed by the state court administrator.
32
Vermont employs one statewide trial court administrator that oversees all trial
courts and is appointed by the state court administrator.
Pennsylvania:
25
The clerk of court and trial court administrator for Philadelphia County serve
the Philadelphia Municipal Court.
Washington:
33
The District and Municipal Courts use the terms clerk of court and trial court
administrator interchangeably.
South Carolina:
26
Clerks of court serve both the Circuit and Family Courts.
Wyoming:
34
The Municipal Court has a total of 81 clerks of court that are either appointed
by the judicial branch or are hired by the city.
South Dakota:
27
Clerks of court and trial court administrators serve both the Circuit and
Magistrate Courts.
Texas:
28
These are court coordinators who are responsible for the day-to-day
operations of the court.
29
The Municipal Court has approximately 1,345 clerks of court that are either
appointed by the bench or by a non-judicial branch government body.
174 State Court Organization, 2004
Table 30. Clerk of Court and Trial Court Administrator (TCA) Responsibilities by Selected Function
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; TCA=Trial court administrator; VA=Varies; NR=No response; N/S=Not stated; ~=Not
applicable; ]=Yes
Alabama
GJ Circuit
LJ District
LJ Municipal
LJ Probate
Caseflow
management
Collect
fines and fees
Clerk
TCA
Clerk
TCA
]
]
]
]
]
~
Arkansas
GJ Circuit
LJ District
LJ City
California
GJ Superior
Colorado
GJ District
GJ Denver Probate
GJ Denver Juvenile
GJ Water
LJ County
LJ Municipal
Connecticut
GJ Superior
LJ Probate
Delaware
GJ Superior
LJ Chancery
LJ Justice of the Peace
LJ Family
LJ Common Pleas
LJ Alderman’s
District of Columbia
GJ Superior
Florida
GJ Circuit
LJ County
Georgia
GJ Superior
LJ Juvenile
LJ Civil
LJ State
LJ Probate
LJ Magistrate
LJ Municipal
LJ County Recorder’s
LJ Municipal/City of Atlanta
Hawaii
GJ Circuit
LJ District
Idaho
GJ District
LJ Magistrate’s Division
Clerk
TCA
Clerk
TCA
]
]
]
~
]
]
~
~
~
]
]
]
]
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
]
]
~
~
~
]
~
]
]
]
]
]
]
TCA
~
~
]
]
Maintain the
court record
]
]
]
]
Clerk
Jury selection
]
]
Alaska
GJ Superior
LG District
Arizona
GJ Superior
LJ Justice of the Peace
LJ Municipal
~
Courthouse
facilities management
]
~
]
]
~
]
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
~
]
]
~
~
~
]
~
]
]
]
~
~
]
]
~
~
]
~
]
]
]
]
]
]
]
]
]
]
N/S
N/S
N/S
]
]
~
~
]
]
]
]
~
~
~
~
]
]
]
]
N/S
~
~
N/S
]
]
N/S
N/S
N/S
N/S
N/S
~
~
]
~
~
]
]
~
~
]
]
]
]
~
~
~
~
]
]
~
~
]
]
]
]
]
]
]
]
N/S
~
N/S
~
N/S
~
N/S
~
N/S
~
]
~
]
~
]
~
]
~
]
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
]
]
]
]
]
~
~
N/S
~
~
~
N/S
~
~
~
N/S
~
~
~
N/S
~
~
~
N/S
~
]
]
]
]
]
]
~
~
]
~
~
]
]
~
~
]
]
~
~
]
]
]
]
]
]
]
]
]
]
]
]
VA
]
]
~
~
N/S
~
~
]
~
~
N/S
~
~
~
N/S
~
]
]
]
]
]
~
~
]
~
]
~
~
N/S
~
~
~
N/S
~
]
]
]
~
~
]
]
]
Trial courts 175
Table 30. Clerk of Court and Trial Court Administrator (TCA) Responsibilities by Selected Function
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; TCA=Trial court administrator; VA=Varies; NR=No response; N/S=Not stated; ~=Not
applicable; ]=Yes
Marriage
licenses
Clerk
Alabama
GJ Circuit
LJ District
LJ Municipal
LJ Probate
Alaska
GJ Superior
LG District
Arizona
GJ Superior
LJ Justice of the Peace
LJ Municipal
Arkansas
GJ Circuit
LJ District
LJ City
California
GJ Superior
Colorado
GJ District
GJ Denver Probate
GJ Denver Juvenile
GJ Water
LJ County
LJ Municipal
TCA
Clerk
~
~
~
TCA
Record/Maintain
conveyance records
Clerk
~
~
~
TCA
Repository of
birth certificates
Clerk
~
~
~
TCA
Supervise court
reporters
Clerk
~
~
~
~
TCA
~
~
]
]
]
]
]
]
~
~
~
]
~
~
~
~
~
~
~
~
~
~
~
~
]
]
N/S
Connecticut
GJ Superior
LJ Probate
Delaware
GJ Superior
LJ Chancery
LJ Justice of the Peace
LJ Family
LJ Common Pleas
LJ Alderman’s
Mortgage
records
N/S
N/S
N/S
N/S
N/S
~
~
~
~
~
~
N/S
~
~
N/S
N/S
~
~
]
~
~
]
]
~
~
]
]
~
~
~
~
~
]
]
]
]
N/S
~
N/S
~
N/S
~
N/S
~
N/S
~
District of Columbia
GJ Superior
]
~
~
]
~
]
~
]
~
Florida
GJ Circuit
LJ County
]
]
Georgia
GJ Superior
LJ Juvenile
LJ Civil
LJ State
LJ Probate
LJ Magistrate
LJ Municipal/of Columbus
LJ County Recorder’s
LJ Municipal/City of Atlanta
176 State Court Organization, 2004
]
]
]
~
]
]
]
~
]
]
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
]
~
]
~
]
]
]
]
]
~
~
Hawaii
GJ Circuit
LJ District
Idaho
GJ District
LJ Magistrate’s Division
~
N/S
~
]
]
~
]
~
~
~
~
~
~
]
]
]
~
]
]
]
Table 30. Clerk of Court and Trial Court Administrator (TCA) Responsibilities by Selected Function
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; TCA=Trial court administrator; VA=Varies; NR=No response; N/S=Not stated; ~=Not
applicable; ]=Yes
Illinois
GJ Circuit
Indiana
GJ Superior and Circuit
GJ Probate
LJ County
LJ City and Town
LJ Small Claims/Marion County
Caseflow
management
Collect
fines and fees
Clerk
TCA
Clerk
]
]
]
VA
VA
]
]
]
]
~
]
~
~
~
]
]
~
Kansas
GJ District
LJ Municipal
]
]
]
]
]
Kentucky
GJ Circuit
LJ District
]
]
]
]
]
]
]
]
]
]
]
]
~
~
~
~
~
~
]
]
NR
NR
NR
]
]
Louisiana
GJ District
GJ Juvenile & Family
LJ Justice of the Peace
LJ Mayor’s
LJ City & Parish
Maine
GJ Superior
GJ District
LJ Probate
Maryland
GJ Circuit
LJ District
LJ Orphan’s
Massachusetts
GJ Superior
LJ District
LJ Probate & Family
LJ Juvenile
LJ Housing
LJ Boston Municipal
LJ Land
Michigan
GJ Circuit
GJ Claims
LJ District
LJ Probate
LJ Municipal
Minnesota
GJ District
Mississippi
GJ Circuit
LJ Chancery
LJ County
LJ Municipal
LJ Justice
Missouri
GJ Circuit
LJ Municipal
Maintain the
court record
TCA
Clerk
TCA
Clerk
]
]
]
]
]
]
]
~
]
~
~
]
]
Clerk
Jury selection
]
]
]
Iowa
GJ District
TCA
Courthouse
facilities management
]
]
~
]
]
]
]
]
~
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
~
~
~
~
~
~
]
]
]
]
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
NR
]
]
]
]
~
N/S
]
]
NR
NR
NR
NR
NR
NR
NR
NR
NR
]
]
]
]
N/S
~
N/S
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
N/S
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
]
]
~
~
]
]
]
]
]
]
]
]
]
]
~
~
]
]
]
N/S
~
N/S
~
~
]
]
]
]
]
~
~
]
]
]
~
]
N/S
]
]
]
~
N/S
N/S
TCA
~
N/S
]
]
]
~
~
]
]
~
~
]
]
~
~
]
]
]
]
]
]
]
]
]
Trial courts 177
Table 30. Clerk of Court and Trial Court Administrator (TCA) Responsibilities by Selected Function
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; TCA=Trial court administrator; VA=Varies; NR=No response; N/S=Not stated; ~=Not
applicable; ]=Yes
Marriage
licenses
Clerk
Mortgage
records
TCA
Clerk
TCA
Record/Maintain
conveyance records
Clerk
TCA
Repository of
birth certificates
Clerk
TCA
Supervise court
reporters
Clerk
Illinois
GJ Circuit
Indiana
GJ Superior and Circuit
GJ Probate
LJ County
LJ City and Town
LJ Small Claims/Marion County
]
]
]
]
~
~
~
]
~
~
]
~
~
~
~
~
~
~
~
~
Iowa
GJ District
Kansas
GJ District
LJ Municipal
TCA
~
]
]
]
]
]
]
]
]
Kentucky
GJ Circuit
LJ District
Louisiana
GJ District
GJ Juvenile & Family
LJ Justice of the Peace
LJ Mayor’s
LJ City & Parish
Maine
GJ Superior
GJ District
LJ Probate
Maryland
GJ Circuit
LJ District
LJ Orphan’s
]
]
~
~
NR
NR
NR
~
~
NR
NR
NR
]
N/S
~
~
NR
NR
NR
~
~
NR
NR
NR
]
~
N/S
N/S
~
~
NR
NR
NR
~
~
NR
NR
NR
~
~
~
~
N/S
~
N/S
]
NR
NR
NR
NR
NR
NR
NR
NR
NR
]
N/S
~
N/S
Massachusetts
GJ Superior
LJ District
LJ Probate & Family
LJ Juvenile
LJ Housing
LJ Boston Municipal
LJ Land
~
~
]
NR
NR
NR
]
~
N/S
~
~
N/S
]
~
N/S
]
Michigan
GJ Circuit
GJ Claims
LJ District
LJ Probate
LJ Municipal
Minnesota
GJ District
Mississippi
GJ Circuit
LJ Chancery
LJ County
LJ Municipal
LJ Justice
Missouri
GJ Circuit
LJ Municipal
178 State Court Organization, 2004
]
]
]
]
]
]
]
~
~
~
~
~
~
~
~
~
~
Table 30. Clerk of Court and Trial Court Administrator (TCA) Responsibilities by Selected Function
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; TCA=Trial court administrator; VA=Varies; NR=No response; N/S=Not stated; ~=Not
applicable; ]=Yes
Montana
GJ District
GJ Workers’ Compensation
GJ Water
LJ Justice of the Peace
LJ Municipal
LJ City
Nebraska
GJ District
LJ Separate Juvenile
LJ County
LJ Workers’ Compensation
Nevada
GJ District
LJ Justice
LJ Municipal
New Hampshire
GJ Superior
LJ District
LJ Probate
New Jersey
GJ Superior
LJ Tax
LJ Municipal
New Mexico
GJ District
LJ Magistrate
LJ Metropolitan/Bernalillo County
LJ Municipal
LJ Probate
New York
GJ Supreme
GJ County
GJ Claims
LJ Surrogates’
LJ Family
LJ District and City
LJ NYC Civil
LJ NYC Criminal
LJ Town & Village Justice
Caseflow
management
Collect
fines and fees
Clerk
TCA
Clerk
]
]
]
~
~
]
]
~
~
~
~
~
]
]
]
]
]
]
]
~
]
]
]
]
]
]
Courthouse
facilities management
~
~
~
~
~
~
~
~
~
~
~
]
]
~
~
~
~
~
]
]
]
]
]
]
]
~
]
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
]
~
]
]
]
]
~
]
]
]
~
]
~
N/S
N/S
]
]
]
]
]
]
]
]
~
~
~
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
]
]
]
]
]
~
N/S
N/S
~
~
~
~
~
~
~
]
~
]
]
~
~
N/S
N/S
~
N/S
N/S
]
]
]
]
]
]
~
~
~
~
~
~
~
~
]
]
VA
~
~
N/S
N/S
]
]
~
~
~
N/S
N/S
N/S
N/S
]
]
]
~
~
~
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
North Dakota
GJ District
LJ Municipal
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
]
~
]
N/S
N/S
~
~
~
~
~
~
~
]
]
~
~
~
]
]
VA
VA
]
]
]
]
]
]
~
]
]
North Carolina
GJ Superior
LJ District
Ohio
GJ Common Pleas
LJ Municipal
LJ County
LJ Claims
LJ Mayor’s
~
~
~
~
~
]
]
]
~
~
]
]
]
~
TCA
]
]
~
~
N/S
N/S
]
~
]
]
]
]
]
TCA
]
]
]
]
]
Clerk
TCA
]
]
VA
~
~
N/S
N/S
Clerk
Clerk
]
]
]
Maintain the
court record
TCA
]
]
]
Jury selection
~
~
]
]
]
~
~
]
]
]
]
~
~
Trial courts 179
Table 30. Clerk of Court and Trial Court Administrator (TCA) Responsibilities by Selected Function
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; TCA=Trial court administrator; VA=Varies; NR=No response; N/S=Not stated; ~=Not
applicable; ]=Yes
Marriage
licenses
Clerk
Montana
GJ District
GJ Workers’ Compensation
GJ Water
LJ Justice of the Peace
LJ Municipal
LJ City
Mortgage
records
Record/Maintain
conveyance records
Repository of
birth certificates
TCA
Clerk
TCA
Clerk
TCA
Clerk
TCA
Clerk
TCA
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
]
~
Nebraska
GJ District
LJ Separate Juvenile
LJ County
LJ Workers’ Compensation
]
~
~
~
~
Nevada
GJ District
LJ Justice
LJ Municipal
New Hampshire
GJ Superior
LJ District
LJ Probate
~
~
~
]
~
]
]
~
~
]
New Jersey
GJ Superior
LJ Tax
LJ Municipal
New Mexico
GJ District
LJ Magistrate
LJ Metropolitan/Bernalillo County
LJ Municipal
LJ Probate
Supervise court
reporters
]
~
~
N/S
N/S
New York
GJ Supreme
GJ County
GJ Claims
LJ Surrogates’
LJ Family
LJ District and City
LJ NYC Civil
LJ NYC Criminal
LJ Town & Village Justice
~
N/S
N/S
~
~
N/S
N/S
~
N/S
N/S
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
N/S
N/S
~
N/S
N/S
~
~
N/S
N/S
~
N/S
N/S
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
N/S
N/S
]
]
]
]
]
]
]
]
]
]
North Carolina
GJ Superior
LJ District
180 State Court Organization, 2004
~
~
~
~
~
~
~
~
]
]
North Dakota
GJ District
LJ Municipal
Ohio
GJ Common Pleas
LJ Municipal
LJ County
LJ Claims
LJ Mayor’s
]
VA
~
~
N/S
N/S
]
]
]
]
]
~
~
~
~
~
~
]
]
~
~
]
]
]
]
~
~
Table 30. Clerk of Court and Trial Court Administrator (TCA) Responsibilities by Selected Function
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; TCA=Trial court administrator; VA=Varies; NR=No response; N/S=Not stated; ~=Not
applicable; ]=Yes
Caseflow
management
Collect
fines and fees
Courthouse
facilities management
Jury selection
Maintain the
court record
Clerk
TCA
Clerk
TCA
Clerk
TCA
Clerk
TCA
Clerk
TCA
Oklahoma
GJ District
LJ Municipal Not of Record
LJ Municipal of Record
LJ Workers’ Compensation
LJ Tax Review
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
Oregon
GJ Circuit
GJ Tax
LJ County
LJ Justice
LJ Municipal
~
~
~
~
N/S
]
~
~
~
~
N/S
]
~
~
~
~
N/S
~
~
~
~
N/S
]
]
N/S
N/S
N/S
~
~
~
~
N/S
]
]
]
]
]
]
]
Pennsylvania
GJ Common Pleas
LJ Philadelphia Municipal
LJ Magisterial District Judges
LJ Philadelphia Traffic
Puerto Rico
GJ First Instance
Rhode Island
GJ Superior
LJ Workers’ Compensation
LJ District
LJ Family
LJ Probate
LJ Municipal
LJ Traffic Tribunal
South Carolina
GJ Circuit
LJ Family
LJ Magistrate
LJ Probate
LJ Municipal
South Dakota
GJ Circuit
LJ Magistrate
Tennessee
GJ Circuit
GJ Chancery
GJ Criminal
GJ Probate
LJ Juvenile
LJ Municipal
LJ General Sessions
Texas
GJ District
LJ County-level
LJ Justice of the Peace
LJ Municipal
Utah
GJ District
LJ Justice
LJ Juvenile
]
N/S
N/S
N/S
]
N/S
N/S
N/S
]
N/S
N/S
N/S
]
]
]
~
~
]
]
~
~
]
~
~
]
]
~
~
NR
NR
NR
NR
NR
NR
NR
]
]
]
]
]
]
]
]
]
]
]
]
]
N/S
N/S
N/S
N/S
]
]
]
]
~
~
~
~
~
~
~
~
~
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
~
~
~
~
N/S
~
]
]
]
]
NR
NR
NR
]
]
]
]
]
]
N/S
N/S
]
]
]
]
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
]
]
]
~
~
~
~
~
]
~
~
~
~
~
~
~
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
~
~
~
~
N/S
~
]
]
~
~
~
~
N/S
~
~
~
~
]
]
]
]
]
]
N/S
N/S
~
~
~
~
~
]
]
~
~
~
~
N/S
~
]
]
]
~
~
~
]
]
]
]
]
]
~
~
~
~
N/S
~
]
]
]
]
]
~
~
]
]
]
]
]
]
~
VA
~
VA
]
]
]
]
]
~
~
]
N/S
N/S
N/S
N/S
]
N/S
N/S
N/S
~
~
~
~
~
]
]
]
]
VA
~
~
]
]
]
~
~
VA
~
]
]
~
~
]
]
~
VA
]
]
Trial courts 181
Table 30. Clerk of Court and Trial Court Administrator (TCA) Responsibilities by Selected Function
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; TCA=Trial court administrator; VA=Varies; NR=No response; N/S=Not stated; ~=Not
applicable; ]=Yes
Marriage
licenses
Mortgage
records
Record/Maintain
conveyance records
Repository of
birth certificates
Supervise court
reporters
Clerk
TCA
Clerk
TCA
Clerk
TCA
Clerk
TCA
Clerk
TCA
Oklahoma
GJ District
LJ Municipal Not of Record
LJ Municipal of Record
LJ Workers’ Compensation
LJ Tax Review
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
Oregon
GJ Circuit
GJ Tax
LJ County
LJ Justice
LJ Municipal
~
~
~
~
N/S
N/S
N/S
N/S
~
~
~
~
N/S
N/S
N/S
N/S
~
~
~
~
N/S
N/S
N/S
N/S
~
~
~
~
N/S
]
N/S
N/S
N/S
~
~
~
~
N/S
Pennsylvania
GJ Common Pleas
LJ Philadelphia Municipal
LJ Magisterial District Judges
LJ Philadelphia Traffic
Puerto Rico
GJ First Instance
Rhode Island
GJ Superior
LJ Workers’ Compensation
LJ District
LJ Family
LJ Probate
LJ Municipal
LJ Traffic Tribunal
South Carolina
GJ Circuit
LJ Family
LJ Magistrate
LJ Probate
LJ Municipal
South Dakota
GJ Circuit
LJ Magistrate
]
]
]
~
~
~
~
~
~
NR
NR
NR
NR
NR
~
~
NR
NR
NR
~
~
]
NR
NR
]
N/S
N/S
~
~
~
N/S
N/S
~
~
~
~
~
N/S
N/S
]
~
~
~
N/S
N/S
~
~
~
~
~
N/S
N/S
]
~
~
~
]
]
]
]
Texas
GJ District
LJ County-level
LJ Justice of the Peace
LJ Municipal
182 State Court Organization, 2004
]
]
Tennessee
GJ Circuit
GJ Chancery
GJ Criminal
GJ Probate
LJ Juvenile
LJ Municipal
LJ General Sessions
Utah
GJ District
LJ Justice
LJ Juvenile
]
N/S
N/S
N/S
N/S
N/S
~
~
~
~
~
N/S
N/S
~
~
~
N/S
N/S
~
~
~
~
~
]
]
]
N/S
N/S
N/S
N/S
]
]
~
~
~
~
~
~
~
~
]
]
~
~
~
~
N/S
~
~
~
~
~
N/S
~
~
~
~
~
N/S
~
~
~
~
~
~
~
~
~
~
~
N/S
~
~
~
~
~
N/S
~
~
~
~
~
]
]
~
VA
~
VA
~
]
VA
~
VA
~
VA
Table 30. Clerk of Court and Trial Court Administrator (TCA) Responsibilities by Selected Function
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; TCA=Trial court administrator; VA=Varies; NR=No response; N/S=Not stated; ~=Not
applicable; ]=Yes
Vermont
GJ Superior
GJ District
GJ Family
LJ Probate
LJ Environmental
LJ Judicial Bureau
Virginia
GJ Circuit
LJ District
Caseflow
management
Collect
fines and fees
Clerk
TCA
Clerk
TCA
Clerk
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
]
~
]
]
]
]
]
]
Washington
GJ Superior
LJ District
LJ Municipal
West Virginia
GJ Circuit
LJ Magistrate
LJ Municipal
LJ Family
]
]
]
]
~
~
]
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
~
N/S
]
N/S
]
Courthouse
facilities management
N/S
~
N/S
N/S
]
]
]
]
]
]
Wyoming
GJ District
LJ Circuit
LJ Municipal
]
]
]
~
~
~
]
]
]
]
]
]
~
~
~
]
]
Maintain the
court record
Clerk
TCA
Clerk
]
]
]
]
]
]
]
~
~
]
]
]
]
~
~
]
]
]
~
]
]
~
~
]
]
]
]
]
]
]
]
]
]
~
N/S
]
~
N/S
N/S
~
~
~
]
~
~
]
]
]
]
]
N/S
TCA
]
]
]
]
Wisconsin
GJ Circuit
LJ Municipal
TCA
Jury selection
]
~
N/S
]
]
]
]
]
~
~
~
]
]
]
]
]
~
~
~
Trial courts 183
Table 30. Clerk of Court and Trial Court Administrator (TCA) Responsibilities by Selected Function
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; TCA=Trial court administrator; VA=Varies; NR=No response; N/S=Not stated; ~=Not
applicable; ]=Yes
Marriage
licenses
Clerk
Vermont
GJ Superior
GJ District
GJ Family
LJ Probate
LJ Environmental
LJ Judicial Bureau
Virginia
GJ Circuit
LJ District
Mortgage
records
TCA
Clerk
TCA
Record/Maintain
conveyance records
Clerk
TCA
~
184 State Court Organization, 2004
Clerk
TCA
]
]
]
]
]
]
]
]
]
~
~
]
~
~
]
]
]
N/S
]
~
N/S
N/S
]
~
N/S
]
N/S
~
]
]
~
~
~
~
~
~
]
]
~
N/S
N/S
~
N/S
Wisconsin
GJ Circuit
LJ Municipal
Wyoming
GJ District
LJ Circuit
LJ Municipal
Supervise court
reporters
]
Washington
GJ Superior
LJ District
LJ Municipal
West Virginia
GJ Circuit
LJ Magistrate
LJ Municipal
LJ Family
Clerk
~
~
~
TCA
Repository of
birth certificates
N/S
~
N/S
VA
~
~
~
~
~
~
~
~
~
~
~
~
~
~
~
Table 31. Specialized Jurisdiction: Problem Solving Courts
Legend: NR=No response; N/S=Not stated
Type and number of problem solving courts
Community
0
0
0
0
Drug
33
6
17
25
Domestic violence
3
0
4
0
Family
16
1
3
0
Mental health
2
2
5
0
Re-entry
0
0
0
0
Other
0
0
1
18
0
5
NR
2
0
150
NR
3
3
17
33
NR
3
3
0
5
NR
0
3
19
NR
0
1
1
NR
0
2
29
NR
0
0
District of Columbia
Florida
Georgia
Hawaii
1
1
1
0
3
85
33
9
1
0
0
0
1
0
1
4
N/S
0
6
1
0
0
0
0
0
0
4
3
5
1
Idaho
Illinois
Indiana
Iowa
0
0
0
0
38
19
22
6
1
2
3
0
0
0
7
0
0
6
3
0
0
0
1
0
2
0
0
0
0
0
Kansas
Kentucky
Louisiana
Maine
0
0
0
0
5
58
39
12
0
0
0
5
0
21
0
0
0
0
0
0
0
0
2
0
0
0
0
0
Maryland
Massachusetts
Michigan
Minnesota
0
0
0
0
11
17
51
8
0
1
4
2
0
0
0
1
8
1
0
0
1
0
0
0
2
0
9
1
0
4
Mississippi
Missouri
Montana
Nebraska
0
0
0
0
4
90
10
9
11
0
0
0
0
12
0
2
0
8
1
0
0
0
0
0
0
10
4
0
0
Nevada
New Hampshire
New Jersey
New Mexico
0
0
0
0
17
7
21
29
0
0
0
2
3
8
0
0
2
1
0
3
2
0
0
0
0
0
0
0
New York
North Carolina
North Dakota
Ohio
3
0
0
0
124
31
7
47
15
0
0
1
0
9
0
14
5
1
0
24
0
0
0
0
18
0
0
12
3
Oklahoma
Oregon
Pennsylvania
Puerto Rico
NR
4
6
0
NR
13
27
15
7
NR
6
3
0
NR
13
10
0
0
NR
14
5
4
0
NR
0
0
0
NR
15
1
16
1
0
Rhode Island
South Carolina
South Dakota
Tennessee
0
0
0
0
8
20
0
23
4
13
0
0
Statewide
0
0
0
1
4
0
1
1
0
0
0
3
18
1
0
0
Texas
Utah
Vermont
Virginia
2
0
0
0
44
23
3
29
6
1
0
0
15
0
14
0
2
1
1
1
1
0
0
0
108
0
0
0
0
0
0
NR
29
7
7
NR
3
0
1
NR
3
55
1
NR
4
5
0
NR
0
20
0
0
NR
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Washington
West Virginia
Wisconsin
Wyoming
2
11
17
19
0
0
21
29
NR
Trial courts 185
Table 31. Specialized Jurisdiction: Problem Solving Courts
FOOTNOTES:
Arizona:
1
The “other” category includes 10 Teen Courts, two Truancy Courts, three Child
Support Courts, one Homeless Court, one Veteran’s Court, and one Probation
Violation Court.
California:
2
The “other” category includes eight Homeless Courts, four Elder Courts, 15
Peer/Teen Courts, and one Truancy Court.
Connecticut:
3
Connecticut refers to drug and domestic violence courts as “dockets” and not
specifically as problem solving courts but included them because of their
integrative properties and treatment component.
Missouri:
The “other” category includes two Child Support Courts and two Driving While
Suspended/Driving While Revoked Courts.
10
New York:
11
New York has Domestic Violence Courts and Integrated Domestic Violence
Courts. The latter are recorded under the “other” category.
Ohio:
The “other” category includes DUI Courts.
12
Georgia:
4
The “other” category includes DUI Courts.
Oregon:
13
One Family Court is also a Family Drug Court and is counted in both
categories.
14
Mental Health Courts include a Co-occurring Disorders Court.
15
The “other” category includes DUI Courts.
Hawaii:
5
The “other” category includes a Girls’ Court and a Business Court.
Pennsylvania:
16
The “other” category includes Truancy Courts.
Idaho:
Youth Courts and coordinated family services (operational in all counties of the
state, although not specifically listed under family problem-solving courts) include
parent education, mediation, ADR assessments, supervised access and
visitation, and court assistance officers for pro se litigants; most with a full range
of services and forms.
Rhode Island:
The “other” category includes Gun Court, Business Calendar, and Truancy
Court.
Indiana:
7
There are “Family Court Projects” in 18 counties.
Texas:
19
All numbers are tentative except for Drug Courts and Family Courts. Family
Court numbers refer to Child Protection Courts. The “other” category includes
Teen Courts.
6
Maryland:
8
Maryland has family court divisions in all large jurisdictions with five or more
judges. All other jurisdictions have family law programs that are specific to these
matters. These localities were not listed.
Massachusetts:
The “other” category includes Business Court.
9
186 State Court Organization, 2004
17
South Carolina:
18
The “other” category includes Civil Abuse and Neglect Courts.
West Virginia:
There are no Reentry Courts in West Virginia, but there is a juvenile reentry
program in 10 counties.
20
Wisconsin:
21
The “other” category includes Teen Courts.
Table 32. Specialized Court Jurisdiction: Family Courts
Legend: N/S=Not stated; ]=Yes (blank spaces indicate that the court does not have jurisdiction for that case type)
Note: Only those States with Family Courts are included in this table.
Alabama
Arizona
California
Colorado
Court (year founded)
Circuit (varies)
Superior (N/S)
Superior (N/S)
District (1997)
Locality
8 circuits
1 county
Statewide
3 districts
Delaware
District of Columbia
Florida
Georgia
Independent (1971)
3
Superior (1970)
Circuit (1992)
Superior (1998)
Hawaii
Illinois
9
Indiana
Kentucky
Marriage
dissolution
Domestic relations jurisdiction
Custody/
Protection
Paternity
Visitation
Support Adoption
order
Other
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
Statewide
District
Statewide
1 county
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
Circuit (1965)
Circuit (1986)
Trial courts (2001)
11
Circuit (1991)
Statewide
1 county
17 counties
42 counties
]
]
]
]
]
]
]
]
]
]
]
]
Louisiana
Maine
Maryland
Massachusetts
District (1954)
District (1998)
Circuit (1997)
Independent (1978)
3 Parishes
Statewide
13
5 counties
Statewide
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
Michigan
Minnesota
Mississippi
Missouri
Circuit (1998)
District (1971)
District (N/S)
Circuit (1993)
Statewide
2 districts
1 county
12 counties
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
Nevada
New Hampshire
New Jersey
New Mexico
District (1991)
Independent (1996)
Superior (1983)
District (N/S)
2 districts
2 counties
Statewide
23
3 districts
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
New York
North Carolina
26
Ohio
Oklahoma
Independent (1962)
District (1999)
Common Pleas (1953)
District (1997)
Statewide
16 counties
83 counties
2 districts
Oregon
Pennsylvania
Rhode Island
South Carolina
Circuit (1993)
Common Pleas (1978)
Independent (1961)
Independent (1977)
8 counties
Local
Statewide
Statewide
Vermont
Washington
West Virginia
Independent (1990)
Superior (1949)
Circuit (2002)
Statewide
Statewide
Statewide
27
]
]
]
1
]
]
]
]
]
]
]
]
15
]
22
]
26
]
]
]
]
]
FOOTNOTES:
Alabama:
1
Other domestic relations jurisdiction includes all other domestic and marital
matters over which the Circuit Court has jurisdiction.
Delaware:
2
Other criminal jurisdiction includes criminal non-support.
District of Columbia:
3
The Family Court Act of 2001 resulted in a substantial reform of the Family
Division and re-designation of the Family Division as the Family Court.
Moreover, the Act fundamentally changed the manner in which the Superior
Court manages its family cases by establishing the position of magistrate judge,
requiring a one family-one judge approach, and requiring longer terms of service
for judges who serve on the Family Court. Notwithstanding these sweeping
changes, the jurisdiction of the new Family Court remains the same.
4
Other probate jurisdiction includes name changes, and other criminal
jurisdiction includes criminal non-support.
Florida:
Other probate jurisdiction includes name changes.
5
Georgia:
6
Other criminal jurisdiction includes criminal non-support and legitimacy child
molestation.
Hawaii:
7
Other juvenile jurisdiction includes juvenile law violations and status offenses,
other probate jurisdiction includes withholding or withdrawal of life-sustaining
medical procedures, and other criminal jurisdiction includes family-related crimes.
Illinois:
8
Other juvenile jurisdiction includes juvenile delinquency.
Trial courts
187
Table 32. Specialized Court Jurisdiction: Family Courts
Legend: N/S=Not stated; ]=Yes (blank spaces indicate that the court does not have jurisdiction for that case type)
Note: Only those States with Family Courts are included in this table.
Abuse/
Neglect
Alabama
Arizona
California
Colorado
Juvenile jurisdiction
Termination of
Dependency
parental rights
Probate jurisdiction
Other
Guardianship
]
]
]
]
]
Delaware
District of Columbia
Florida
Georgia
]
]
]
]
]
]
]
]
]
]
]
Hawaii
Illinois
Indiana
Kentucky
]
]
]
]
]
]
]
4
]
7
]
8
]
7
]
]
2
]
4
]
6
]
]
7
]
]
5
]
]
10
]
]
Mental health
Criminal jurisdiction
Domestic
violence
Other
]
]
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Other
Civil jurisdiction
]
]
12
]
]
]
]
]
]
]
]
]
]
15
]
]
]
]
16
]
18
]
]
]
16
]
19
]
Nevada
New Hampshire
New Jersey
New Mexico
]
]
]
New York
North Carolina
Ohio
Oklahoma
]
Oregon
Pennsylvania
Rhode Island
South Carolina
]
]
]
]
]
]
]
]
]
]
Vermont
Washington
West Virginia
]
]
]
]
]
]
21
]
]
]
]
]
]
]
]
]
22
16
]
17
]
]
]
19
]
]
20
]
]
19
20
21
]
]
]
]
]
]
14
22
]
]
24
]
]
25
]
]
26
]
]
]
26
]
]
]
Indiana:
9
In 2001, Indiana initiated the “Family Court Project,” which links cases involving
a family or household for purposes of case coordination. The individual cases
maintain their separate integrity and separate docket number, but may be given a
common family court designation. The individual cases may all be transferred to
one judge, or may remain in the separate courts in which they were originally
filed. Currently, 17 counties participate.
10
Other juvenile jurisdiction includes juvenile delinquency and status offenses.
Kentucky:
11
With an affirmative vote from the public, Family Court became a constitutional
division of Circuit Court in 2002.
12
Other juvenile jurisdiction includes status offenses.
Maryland:
13
There are family coordinators in the remaining 19 counties. All family matters
are heard in the Circuit Courts.
14
Other criminal jurisdiction is criminal non-support.
188 State Court Organization, 2004
]
]
]
28
29
]
30
]
]
29
]
30
]
31
29
]
]
30
]
31
]
]
]
]
Massachusetts:
Other domestic relations jurisdiction includes general equity and real property
partitions. Other probate jurisdiction includes probate of wills, administration of
trusts and estates, appointment of conservators, and name changes.
15
Michigan:
16
Other juvenile jurisdiction includes minor abortions, other probate jurisdiction
includes name changes, and other criminal jurisdiction includes criminal nonsupport.
Minnesota:
17
Other criminal jurisdiction includes criminal non-support.
Mississippi:
18
Other probate jurisdiction includes estates, name changes, and insurance
settlements to minors.
Table 32. Specialized Court Jurisdiction: Family Courts
Missouri:
19
Other juvenile jurisdiction includes status offenses and delinquency. Other
probate jurisdiction includes name changes. Other criminal jurisdiction includes
misdemeanors, as transferred.
Nevada:
20
Other probate jurisdiction includes name changes and other criminal
jurisdiction includes criminal non-support.
New Hampshire:
21
Other juvenile jurisdiction includes juvenile delinquency and other probate
jurisdiction includes name changes.
New Jersey:
22
Other domestic relations jurisdiction includes termination of domestic
partnerships. Other juvenile jurisdiction includes juvenile delinquency. Other
criminal jurisdiction includes criminal non-support, violation of certain restraining
orders, and interference with custody.
New Mexico:
23
Currently requesting three new judges in the upcoming legislature session to
serve as Family Court Judges.
New York:
Other juvenile jurisdiction includes juvenile delinquency.
24
North Carolina:
25
Other juvenile jurisdiction includes juvenile delinquency and abortion consent
waivers.
Ohio:
Specific case type jurisdiction not stated, but there are 19 courts with domestic
relations jurisdiction only, six courts with domestic relations and juvenile
jurisdiction, 11 courts with juvenile jurisdiction only, 64 courts with juvenile and
probate jurisdiction, and three courts with domestic relations, juvenile, and
probate jurisdiction.
26
Oregon:
27
Nineteen of 27 districts have family law facilitation programs (to help litigants,
especially pro se) navigate the system.
Pennsylvania:
28
Other juvenile jurisdiction includes juvenile delinquency.
Rhode Island:
29
Other juvenile jurisdiction includes requests by minors for abortion. Other
probate jurisdiction includes name changes and withholding or withdrawal of lifesustaining medical procedures, and other criminal jurisdiction includes criminal
non-support.
South Carolina:
30
Other juvenile jurisdiction includes juvenile delinquency and abortions for
minors, other probate jurisdiction includes name changes, and other criminal
jurisdiction includes criminal non-support.
Vermont:
31
Other probate jurisdiction includes name changes, and other criminal
jurisdiction includes criminal non-support.
Trial courts 189
Table 33. Tribal Courts
Legend: ~=Not applicable
Note: Only those States with federally recognized tribes are included in this table.
Number of:
Federally
Tribal justice
1
2
recognized tribes
forums
Alabama
Alaska
Arizona
1
225
20
1
32
37
CFR
3
courts
~
~
~
State jurisdiction
4
5
under Public Law 280 Treatment “as if” under Public Law 280
~
~
6
Mandatory
Optional
7
~
~
8
California
105
9
1
Mandatory
~
Colorado
2
2
1
~
Parts of the Southern Ute Reservation
Connecticut
2
5
~
~
Mashentucket Pequot Tribe
Florida
2
2
~
Optional
11
~
Idaho
5
5
~
Optional
12
~
13
~
9
10
Iowa
1
1
~
Optional
Kansas
4
4
~
~
Statewide
Louisiana
4
3
~
~
~
Maine
4
4
~
~
Passamaquoddy, Penobscot, and Houlton
15
Tribes
Massachusetts
1
1
~
~
Gay Head Wampanoag Tribe
Michigan
12
14
~
~
14
~
17
Minnesota
6
15
~
Mandatory (except
Red Lake)
~
Mississippi
1
1
~
~
~
Montana
Nebraska
7
4
7
3
~
~
Optional
18
~
19
Mandatory
20
~
Nevada
17
17
2
Optional
New Mexico
21
25
~
~
~
New York
7
8
~
~
Statewide
North Carolina
1
2
1
~
North Dakota
4
5
~
Optional
Oklahoma
38
39
17
~
16
~
21
~
22
~
~
23
Oregon
9
10
~
Mandatory (except
Warm Springs
Reservation)
Confederated Tribes of Coos, Lower Umpqua, and
24
Siuslaw Indians; Confederated Tribes of the
25
Grand Ronde Community of Oregon; Klamath
26
27
Tribe; Coquille Tribe
Rhode Island
1
1
~
~
Narragansett Tribe
South Carolina
1
1
~
~
~
29
South Dakota
8
8
~
Optional
Texas
3
3
~
~
Utah
5
3
1
Optional
33
~
Washington
29
28
~
Optional
34
~
Wisconsin
11
11
~
Mandatory (except
35
Menominee)
~
Wyoming
2
1
~
~
~
562
309
23
~
~
Totals:
190 State Court Organization, 2004
28
~
30
Ysleta Del Sur Pueblo; Alabama and Coushatta
31
32
Tribe; Texas Band of Kickapoo Indians
Table 33. Tribal Courts
FOOTNOTES:
1
The number of Federally Recognized Tribes was obtained from the Federal
Register (67 F.R. 46327), July 12, 2002. Transtate tribes are counted in the
state where the tribal office or capital is located.
2
The number of tribal justice forums was compiled from the National American
Indian Court Judges Association (NAICJA) database of all known tribal justice
forums operating in the United States. These may include “…traditional forums
for dispute resolution, trial courts, appellate courts, alternative dispute resolution
systems, and inter-tribal systems established by inherent tribal authority whether
or not they constitute a court or record.” In some cases a court serves more than
one tribe; in other cases a tribal justice system contains more than one type of
justice forum. Appellate courts are not consistently listed separately in the
database.
3
Court of Indian Offenses (CFR) are “federally recognized" and were established
by the Department of the Interior in 1884. These courts are held to be
instrumentalities of the federal government.
4
For most of Indian Country, in terms of area and population, the Department of
Justice provides general felony law enforcement concerning crimes by or against
Indians. Tribal law enforcement agencies act as first responders to felony and
misdemeanor crime. Further, tribal courts are vested with jurisdiction over crimes
by Indians and have authority to stop, detain, and transport non-Indian offenders
to federal or state law enforcement agencies. Other areas of Indian Country are
under Public Law 280, which delegated general law enforcement authority over
crimes by and against Indians to the states. In these areas, Indian tribes retain
their original, inherent jurisdiction over misdemeanor crimes by Indians and may
stop, detain, and transport other offenders to the relevant federal or state
authorities. Public Law 280, enacted in 1953, was the first comprehensive
federal legislation to introduce state criminal jurisdiction into Indian Country.
Public Law 280 identified six “mandatory” states where state criminal jurisdiction
over offenses by Indians would immediately supplant federal Indian Country
criminal jurisdiction. It also identified optional states that were permitted to
assume complete or partial jurisdiction over crimes committed by Indians within
Indian Country. For more detailed information about the application of Public Law
280, see Carole Goldberg-Ambrose, Planting Tail Feathers: Tribal Survival and
Public Law 280 (UCLA American Studies Center: 1997)(with Tim Seward).
5
Since Public Law 280 was enacted, several land settlement, restoration, and
recognition acts have provided for state jurisdiction “in accordance with” Public
Law 280 (in mandatory states) or “as if” it had been properly assumed under
Public Law 280 (in optional states). In some post-1953 federal statutes
delegating jurisdiction to states, there is no reference to Public Law 280. Prior to
Public Law 280 the following states were delegated similar jurisdiction: New York
(civil and criminal statewide) and Kansas (criminal).
Alaska:
Concurrent jurisdiction is authorized over the Annette Islands Reservation by
the Metlakatla Indian Community.
6
Arizona:
7
Arizona accepted jurisdiction over air and water pollution only. The state
subsequently repealed the provision concerning water pollution because this
jurisdiction is almost entirely regulatory in nature.
8
Jurisdiction was conferred upon Arizona over Pascua Yaqui Tribe, later
retroceded (25 U.S.C.§1300f(c)).
Colorado:
9
The applicable statute is Pub.L.98-290, May 21, 1984, 98 Stat.201 Sec. 5.
Connecticut:
10
The applicable statute is 25 U.S.C.§1755.
Massachusetts:
The applicable statute is 25 U.S.C.§1771e.
16
Minnesota:
Jurisdiction over the Nett Lake reservation has been retroceded.
17
Montana:
18
In Montana, the governor was empowered to proclaim state criminal or civil
jurisdiction at the request of any tribe and with the consent of affected counties.
Tribal consent was revocable within two years of the governor’s proclamation.
Mont. Stat. Ann. §§2-1-301 through 2-1-306 (1963). The confederated Salish and
Kootenai Tribes consented to jurisdiction under this provision, some of which was
subsequently retroceded by the state.
Nebraska:
19
Jurisdiction over the Omaha and Winnebago reservations have been
retroceded.
Nevada:
Nevada originally accepted full Public Law 280 jurisdiction, but permitted
individual counties to exclude themselves from acceptance of jurisdiction. This
provision was amended in 1971 to require tribal consent. A 1975 amendment
provided for retrocession except for those tribes already subject to the Act who
consented to continue. Nev. Rev. Stat. §41.430 (1968). Jurisdiction now has
been retroceded for most reservations.
20
New York:
21
Includes Cayuga Nation, Oneida Nation, Onondaga Nation, Seneca Nation,
Tonawanda Band of Seneca Indians, Tuscarora Nation, and St. Regis Band of
Mohawk Indians.
North Dakota:
22
North Dakota accepted civil jurisdiction only, subject to tribal or individual
consent. N.D. Cent. Code §§27-19-01 to 27-10-13 (1963). Both the condition of
individual acceptance and the condition of tribal acceptance (§§27-19-05, 27-1906) have been declared invalid under federal law. Criminal jurisdiction over
Devils Lake Reservation was delegated to North Dakota prior to Public Law 280
in a separate federal statute.
Oregon:
Jurisdiction over the Umatilla reservation has been retroceded.
The applicable statute is 25 U.S.C.§714e(c).
25
The applicable statute is 25 U.S.C.§713f(c)(6).
26
The applicable statute is 25 U.S.C.§566e.
27
The applicable statute is 25 U.S.C.§715(d).
23
24
Rhode Island:
The applicable statute is 25 U.S.C.§1708.
28
South Dakota:
South Dakota assumed jurisdiction over criminal offenses and civil causes of
action arising on highways, and conditioned acceptance of full Public Law 280
jurisdiction on federal government reimbursement to the state for the cost of the
additional jurisdiction assumed. S.D. Compiled Laws Ann. §§1-1-12 to 1-1-21
(1957). This acceptance was ruled invalid in Rosebud Sioux Tribe v. South
Dakota, 900 F.2d 1164 (8th Cir. 1990).
29
Texas:
The applicable statute is 25 U.S.C.§ 13009-4(f).
The applicable statute is 25 U.S.C.§736(f).
32
The applicable statute is 25 U.S.C.§ 1300b-15.
30
Florida:
11
Florida assumed full Public Law 280 jurisdiction, except for the Miccosukee
Reserve Area Act of 1999 (16 U.S.C. § 410).
31
Idaho:
12
Idaho accepted jurisdiction over seven subject areas and full Public Law 280
jurisdiction with tribal consent. Idaho Code §§67-5101 to 67-5103 (1963).
33
Iowa:
13
Iowa assumed civil jurisdiction over the Sac and Fox Reservation, Tama
County. Partial criminal jurisdiction has been delegated to Iowa in an earlier and
separate federal statute.
Kansas:
This includes Iowa Tribe of Kansas and Nebraska, Kickapoo of Kansas, Prairie
Band of Potawatomi Indians, and Sac and Fox of Missouri.
14
Maine:
The applicable statute is 25 U.S.C.§1725.
15
Utah:
In 1971, Utah passed legislation accepting jurisdiction subject to subsequent
tribal consent. No tribe has consented.
Washington:
Washington assumed full Public Law 280 jurisdiction over non-Indians and
over Indians on trust land. Jurisdiction over Indians on trust land was limited to
eight subject areas unless a tribe consents to full Public Law 280 jurisdiction.
Wash. Rev. Code Ann. §§37.12.010, 37.12.21, 37.12.30, 37.12.40 (1963) –
37.12.050 and 37.12.070 (1957) (§37.12.020 repealed by Laws1963, ch.36, §6).
Washington has retroceded jurisdiction for a number of tribes, including the Port
Madison Reservation, the Quinault Reservation, the Confederated Tribes of the
Chehalis Reservation, Quileute Reservation and the Swinomish Tribal
Community, and the Colville Tribe.
34
Wisconsin:
35
Wisconsin retroceded jurisdiction over the Menominee Reservation in
connection with the Menominee Restoration Act (Public Law 93-197).
Trial courts 191
Table 34. Cameras and Audio Coverage in the Courtroom
Legend: AS=Audio systems; SC=Still cameras; SP=Still photographers; TV=Television cameras; ~=Not applicable
Note: Only those States and courts that allow media coverage are included in this table.
Who may
object?
Effect of
objection
Cameras
and audio
Limitation on coverage
Type of
proceedings
Type of
participants
Witness,
attorney, party,
or judge
Personal
exclusion
4 SP, 2 TV
~
Objecting participant
Judge,
accused,
prosecution,
plaintiffs, and
defendants
Witness, juror,
attorney, or
party
Personal
exclusion
~
~
Objecting participant
Judge, victim,
all parties in
family
proceedings
~
~
Judge
Party, witness
Judge’s
discretion
Judge
Party, attorney,
or witness
Total
exclusion for
party or
attorney,
personal
exclusion for
witness
1 AS, 1 SP, Conferences of counsel, juvenile and
domestic relations proceedings
1 TV
Objecting witness,
jurors, victims of sex
offenses, undercover
police, informants,
minors without
parental consent
Judge
~
~
1 SP, 1 TV
Jurors, spectators
Judge
Witness, party
Judge’s
discretion
1 AS, 1 SP, Pretrial hearings other than
advisements and arraignments, voir
1 TV
(2 TV with dire, conferences of counsel
permission)
Appellate
jurists
Counsel or pro
se party of
record
Decision to
permit/
exclude
coverage rests
with the
appellate
jurists
1 AS, 1 SC Limited to civil and criminal trials in the ~
Supreme Court. Camera coverage is
1 TV
excluded from the following: family
relations matters, cases involving trade
secrets recess, cases involving sexual
offense charges, cases closed to the
public to comply with provisions of
state law, during recesses,
conferences of jurors
Administrative
judge and trial
judge
Participants in
the trial
Trial judge
may prohibit
broadcasting,
television,
recording, or
photographing
of any
participant at
the trial
1 AS, 1 SC Camera coverage is excluded from:
family relations matters; sentencing
1 TV
hearings unless previously broadcast,
televised, recorded, or photographed;
trials involving trade secrets; in jury
trials, all proceedings held in the
absence of the jury; trials of sexual
offense charges; trials of cases which
were closed to the public to comply
with the provisions of state law; during
recesses; conferences of jurors
Jury
~
1 AS, 1 SP, Family relations, Board on
Professional Responsibility
1 TV
~
State- effective date/ Who must
consent?
court
Alabama – 2/1/76
Attorneys,
Appellate courts
parties
present, and
judge
Trial courts
1
Alaska – 1/15/90
All courts
Arizona – 7/1/83
All courts
Arkansas – 3/8/82
Supreme, Appeals,
and Circuit
California – 7/1/84
All courts
2 AS, 2 SP, Conferences of counsel
2 TV
At judge’s
discretion
Juvenile court, adoption proceedings,
conference of counsel
Proceedings held in chambers or
closed to public, jury selection,
conferences of counsel
Jurors, except for
return of verdict
Adversely impacted
witnesses, jurors
2
Colorado – 12/1/85
Supreme, Appeals,
District, Denver
Probate, Denver
Juvenile, Water, and
County
Connecticut – 1982
Appellate courts
Superior
Delaware – 5/1/82
Supreme
None required ~
192 State Court Organization, 2004
Jury
Table 34. Cameras and Audio Coverage in the Courtroom
Legend: AS=Audio systems; SC=Still cameras; SP=Still photographers; TV=Television cameras; ~=Not applicable
Note: Only those States and courts that allow media coverage are included in this table.
State- effective date/ Who must
consent?
court
Florida – 1/1/93
Judge
Appellate courts
Limitation on coverage
Type of
proceedings
Who may
object?
Effect of
objection
Cameras
and audio
~
~
1 AS, 2 SP, Conference of counsel
2 TV
~
~
Type of
participants
Trial courts
Judge
~
~
1 AS, 1 SP, Conference of counsel
1 TV
Georgia
Supreme – 5/12/77
~
~
~
4 SP, 4 TV
Superior and State –
5/12/77
Judge
~
~
1 AS, 1 SP, ~
1 TV
Jurors
Juvenile – 3/21/91
Judge
~
~
1 AS, 1 TV, ~
1 SP
Juvenile
Probate – 7/1/85
Judge
~
~
1AS, 1 TV,
1 SP
~
~
Magistrate – 12/19/02 Judge
~
~
1 AS, 1 TV, ~
1 SP
~
~
~
3
Hawaii – 12/7/87
Appellate courts
None required Party, judge
Hearing
1 AS, 1 SP,
1 TV
(2 SP, TV
with judge’s
permission)
Trial courts
Judge
Party, judge
Hearing
1 AS, 1 SP, Conferences of counsel, proceedings
in judicial chambers
1 TV
(2 SP, TV
with judge’s
permission)
Idaho
4
Supreme Court
~
Court
Total
exclusion
~
Conferences of counsel
~
~
Court
Total
exclusion
~
~
~
Illinois – 1/2/85
Appellate courts
None required Judge
Total
exclusion
1 AS, 1 SP, Conferences of counsel
1 TV
~
Indiana – 1996
Supreme Court
None required ~
~
2 AS, 2 SC, ~
2 TV
~
Iowa – 1/1/82
All courts
Judge
Witness, victim
Personal
5
exclusion
1 AS, 2 SP, Juvenile dissolution, adoption, child
custody, trade secrets, voir dire,
2 TV
conferences of counsel
Jurors (except return
of verdict)
Kansas – 1988
All courts
~
Judge, witness,
victim,
informant,
undercover
agent, relocated
witness,
juvenile
1 AS, 1 SP, Conferences of counsel, audio,
Personal
evidentiary suppression hearing, trade
1 TV
exclusion, total
secrets
exclusion
possible by
judge
Kentucky – 7/1/81
Appellate courts
Judge
~
~
1 AS, 1 SP, Conferences of counsel
2 TV
~
Trial courts
Judge
~
~
1 AS, 1 SP, Conferences of counsel
1 TV
~
Court of Appeals –
11/12/81
Conferences of counsel, proceedings
in judicial chambers, confidential
cases, proceeding closed by the judge
for good cause
Jurors
Jurors
Jurors, accused while
in restraints
Trial courts 193
Table 34. Cameras and Audio Coverage in the Courtroom
Legend: AS=Audio systems; SC=Still cameras; SP=Still photographers; TV=Television cameras; ~=Not applicable
Note: Only those States and courts that allow media coverage are included in this table.
Limitation on coverage
Type of
proceedings
State- effective date/ Who must
consent?
court
Louisiana – 4/30/85
Appellate courts
Judge
Who may
object?
Effect of
objection
Cameras
and audio
Party, attorney
Presiding
judge makes
nonreviewable
decision
1 AS, 2 SC, Private proceedings, proceedings in
1 SP, 2 TV chambers, recess, conferences
between counsel and client or cocounsel
~
Maine – 3/13/84
Appellate court
Court
~
~
1 AS, 1 SP, ~
1 TV
~
All parties
except a
government
party, judge
Party, witness,
juror
Hearing
1 AS, 1 SP, Divorce and custody, evidence
suppression proceedings, cases
1 TV
involving trade secrets, private
hearings, conferences of counsel,
criminal cases
Determined by judge
Massachusetts1/1/83
All courts
Judge
~
~
1 SP, 1 TV
Michigan – 3/1/89
All courts
Judge
~
~
1 AS, 3 SC, Conferences of counsel
2 SP, 3 TV
~
~
~
2 SP, 1 TV
Judge and all
parties
Witness
Personal
exclusion
1 AS, 1 SP, Voir dire, hearings away from jury,
judge not present, child custody,
1 TV
divorce, sex crimes, and trade secrets
Objecting witness,
jurors, informants,
relocated witnesses,
and undercover
agents
Mississippi – 7/1/03
All courts
Judge
~
~
1 AS, 1 SP, Divorce, child custody, support,
guardianship, conservatorship,
1 TV
commitment, waiver of parental
consent to abortion, adoption,
delinquency and neglect of minors,
determination of paternity, termination
of parental rights, domestic abuse,
motions to suppress evidence,
proceedings involving trade secrets,
jury selection, conferences of counsel,
and in camera proceedings
Jurors, potential
jurors, police
informants, minors,
undercover agents,
relocated witnesses,
victims and families of
victims of sex crimes,
and victims of
domestic abuse
Missouri – 8/21/95
All courts
Judge
Any participant
Partial/
personal
exclusion
1 AS, 2 SC, Private, juvenile, or family
1 SP, 1 TV proceedings; jury selection;
conferences of counsel or bench
Jurors
No consent
required
~
~
Maryland
Appellate courts –
7/1/82
Trial courts – 7/1/84
Minnesota
Appellate courts –
9/28/83
Trial court – 4/18/83
Montana – 4/18/80
Supreme and District
194 State Court Organization, 2004
~
Voir dire, hearing of motions to
suppress or dismiss or of probable
cause, conferences of counsel
~
~
Type of
participants
Persons likely to incur
harm due to coverage,
jurors
Witnesses as
determined by judge,
jurors
~
~
Table 34. Cameras and Audio Coverage in the Courtroom
Legend: AS=Audio systems; SC=Still cameras; SP=Still photographers; TV=Television cameras; ~=Not applicable
Note: Only those States and courts that allow media coverage are included in this table.
Limitation on coverage
Type of
proceedings
State- effective date/
court
Nebraska
Supreme – 10/1/83
Appeals – 1/1/92
Who must
consent?
Who may
object?
Effect of
objection
No consent
required
Any person
authorized by
Chief Justice
At discretion of 1 AS, 1 SC, Conferences of counsel
1 TV
Chief Justice
Trial courts
All trial courts ~
subject to
Supreme
Court Rule 18
prohibiting
cameras and
recording in
the courtroom.
~
Judge
Attorneys,
participants
Court’s
discretion
Judge
~
~
~
~
~
Court Judge
~
~
~
~
~
7
~
~
1 AS, 2 SC, Conferences of counsel, charges of
sexual contact or sexual penetration,
2 TV
juvenile cases, termination of parental
rights cases, domestic violence
proceedings, child abuse/neglect
matters, cases involving custody of
children, trade secrets
Jury
No consent
required
~
~
2 AS, 2 SP, Conferences of counsel or bench, jury
selection, admissibility hearings
1 TV
Jury, certain
witnesses at
discretion of court
Court
Counsel and
parties, for
good cause
only
Court’s
discretion
1 AS, 2 SC, Conferences of counsel
2 TV
~
No consent
required
~
~
Jury, certain
1 AS, 1 SC, Proceedings involving children or
categories of
families, probable cause hearings,
2 TV
witnesses
evidence suppression, trade secrets,
proceedings in camera, proceedings
before clerks of court and magistrates,
jury selection, conferences of counsel
Court
Any party or
any person
specifically
authorized by
judge
Total/ partial
exclusion on
good cause
shown
1 AS, 1 SC Prosecution of sex offenses
1 TV
Nevada – 5/30/88
All courts
New Hampshire 3/97
Supreme and
Superior
District and Probate
New Jersey
Appellate courts–
10/8/80
Superior and Tax –
6/9/81
Municipal – 9/1/86
New Mexico
Supreme, Appeals,
8
and District – 1/1/83
Bernalillo County
Metropolitan –
8
3/1/87
New York – 1/1/81
Appellate courts
North Carolina –
6/13/90
All courts
North Dakota –
9
7/1/80
All courts
Judge
Cameras
and audio
~
Type of
participants
None
~
~
6
1 AS, 1 SP, Conferences of counsel, voir dire (only Jury
public proceedings)
1 TV
Certain witnesses,
juveniles if illegal
sexual activity is part
of the offense
Trial courts 195
Table 34. Cameras and Audio Coverage in the Courtroom
Legend: AS=Audio systems; SC=Still cameras; SP=Still photographers; TV=Television cameras; ~=Not applicable
Note: Only those States and courts that allow media coverage are included in this table.
State- effective date/ Who must
consent?
court
Ohio – 1/1/82
Chief Justice
Supreme Court
Limitation on coverage
Type of
proceedings
Who may
object?
Effect of
objection
Cameras
and audio
~
~
Proceedings while court not in session
Existing
feed or
determined
by court
Type of
participants
~
Courts of Appeal
Chief Judge
~
~
1 portable Proceedings while court not in session, ~
conferences of counsel
camera
1 AS, 1 SC
Common Pleas,
Municipal, and
County
Judge
Victims,
witnesses
Personal
exclusion
1 AS, 1 SC, Conferences of counsel
1 TV
Judge;
accused in
criminal trial
Party, witness,
juror
Personal
exclusion
~
Judge
Sex offense
victim, party
Personal
Exclusion
1 TV
Jurors, some
At victim’s request, in sex offense
witnesses
proceedings, proceedings in
chambers, proceedings without the
jury, voir dire, conferences of counsel
and bench conferences, family/
children proceedings, mental
commitment, trade secret, stalking
order proceedings, recesses, any juror
anywhere during the course of the trial
All parties,
witnesses
Any party or
witness
Total
exclusion for
party, personal
exclusion for
witness
1 TV
Only civil, non-jury proceedings may
be recorded
Judge
Any participant
Personal
exclusion
1 AS, 2 SC, Hearings taking place outside
presence of jury, conferences of
2 TV
counsel, voir dire
Jurors
Family, Probate, and
Municipal
No consent
required
Any participant
Personal
exclusion
1 AS, 2 SC, Hearings taking place outside
presence of jury, conferences of
1 TV
counsel, voir dire, juvenile/ adoption
proceedings
Jurors, juveniles
South Carolina –
10/21/93
All courts
Judge
~
~
2 SC, 2 TV, Procedures which are closed to the
public; conferences of counsel
1 radio
recorder
Juveniles
No consent
required
Party
~
At discretion of 1 AS, 4 SC, Conferences between attorneys and
2 SP, 2 TV their clients, co-counsel, or justices; incourt
chambers court conferences
Oklahoma –2/22/82
All courts
10
Oregon
Appellate courts –
8/1/94
Circuit – 8/1/90
Tax, County, Justice,
and Municipal
Pennsylvania 10/1/80
Commonwealth,
Common Pleas, and
Philadelphia
Municipal
Rhode Island –
3/8/93
Supreme, Superior,
Workers’
Compensation, and
District
South Dakota –
7/24/01
Supreme Court
Jurors
196 State Court Organization, 2004
Private proceedings
~
~
Table 34. Cameras and Audio Coverage in the Courtroom
Legend: AS=Audio systems; SC=Still cameras; SP=Still photographers; TV=Television cameras; ~=Not applicable
Note: Only those States and courts that allow media coverage are included in this table.
Who may
object?
Effect of
objection
State- effective date/
court
11
Tennessee – 1/1/96
Supreme Court, Court
of Appeals, Court of
Criminal Appeals,
Circuit, Chancery,
Criminal, Probate,
Municipal, and
General Sessions
Who must
consent?
Juvenile Court
Accused
parties;
witnesses
Witness,
accused party
(criminal case),
any party (civil
case)
Total
exclusion if
party, partial
exclusion if
witness
Court
Any party
At discretion of
court
Court
Any party
Total
exclusion at
discretion of
court
Judge
Any party
Personal or
total exclusion
at discretion of
court
No consent
required
~
~
No consent
required
Texas – Unknown
Appellate courts and
District
Cameras
and audio
Limitation on coverage
Type of
proceedings
Type of
participants
Jury selection, closed proceedings,
conferences of counsel, any
proceeding when jury out, out-of-court
activities of sequestered jurors
Jurors, juveniles
1 AS, 2 SC, Jury selection, closed proceedings,
conferences of counsel, any
2TV
proceeding when jury out, out-of-court
activities of sequestered jurors
Jurors, juveniles
Pursuant to Supreme Court Rule 30, the
1 AS, 2 SC,
presiding judge has the discretion to refuse, limit,
2 TV
terminate, or temporarily suspend media
coverage of an entire case or portions thereof, in
order to (i) control the conduct of the
proceedings before the court; (ii) maintain
decorum and prevent distractions; (iii) guarantee
the safety of any party, witness or juror; and (iv)
ensure the fair administration of justice in the
pending cause.
~
~
~
1 SC, 1 TV ~
~
12
Utah – 4/1/97
Appellate courts
SC only
Trial courts
13
Vermont – 3/12/92
Appellate court
Superior, District,
Probate, Family
(except juvenile)
Environmental, and
Judicial Bureau
Virginia – 7/1/92
All courts
Washington –
9/20/76
All courts
West Virginia 2/1/89
Appellate court
~
Jurors
1 AS, 1 SP Conferences of counsel or bench
with 2 SC,
2 TV
~
Party or witness Total
exclusion if
court grants
motion
1 AS, 1 SP Court recesses, conferences of
with 2 SC, counsel
1 TV
Jurors
No consent
required
Parties
Partial/total at
discretion of
judge
1 AS, 1 SP Jury selection, conferences of counsel, Certain categories of
witnesses, jurors,
with 2 SC family proceedings, juvenile
juveniles
proceedings, trade secrets, sex
offenses, in camera proceedings
Judge
~
~
AOC
Information
Services
Director
Parties,
witnesses,
counsel
Partial
exclusion
1 AS, 2 SP, Proceedings closed to public,
conferences of counsel
1 TV
~
Parties,
witnesses,
counsel
Partial
exclusion
1 AS, 2 SP,
Proceedings closed to public,
1 TV
conferences of counsel
~
Circuit and Magistrate Presiding
judge;
presiding
magistrate
~
~
~
Trial courts 197
Table 34. Cameras and Audio Coverage in the Courtroom
Legend: AS=Audio systems; SC=Still cameras; SP=Still photographers; TV=Television cameras; ~=Not applicable
Note: Only those States and courts that allow media coverage are included in this table.
State- effective date/ Who must
consent?
court
Wisconsin – 7/1/79
All courts
No consent
required
Wyoming
Appellate court –
9/2/82
Trial courts –
12/27/91
Court
Limitation on coverage
Type of
proceedings
Who may
object?
Effect of
objection
Cameras
and audio
Any participant
Partial/total
exclusion at
discretion of
judge but
presumption
favors
coverage
1 AS, 3 SP, Conferences of counsel, recesses of
court
3 TV
Any participant
Personal
exclusion
~
Conferences of counsel
Type of
participants
Jurors (unless they
consent)
Jury
FOOTNOTES:
Alaska:
1
Interlocutory appellate review is available.
Colorado:
A party may seek review of ruling by original proceeding, if otherwise
appropriate. Any party or media representatives aggrieved by any decision of
the court concerning coverage may seek review by original proceeding or if
otherwise appropriate.
2
Hawaii:
Interlocutory appellate review is available.
3
Idaho:
The start date for the Supreme Court in Boise was 8/27/79 and10/1/80 for the
Supreme Court on circuit.
4
Iowa:
Only victims of sex offenses get automatic exclusion; other victim and witness
objections are presumed valid but may be rebutted.
5
Nevada:
Rule 238 recognizes that it may be impossible not to photograph some jurors as
part of the proceedings, but the media may not deliberately photograph the jury.
6
198 State Court Organization, 2004
New Jersey:
Any party or media representative aggrieved by any decision of the court
concerning coverage may move for leave to appeal to the Appellate Division.
7
New Mexico:
This was amended effective 9/1/89.
8
North Dakota:
This was amended effective 7/1/95.
9
Oklahoma:
This was amended effective 11/1/97.
10
Tennessee:
The rules listed on this table for Tennessee were formerly articulated in its
Canons of Judicial Conduct (Supreme Court Rule 10, Canon 3(A)(7)). Several
Tennessee courts adopted rules for the media pursuant to those guidelines and
have kept those rules despite the removal of media guidelines from the Canons
in 1996. The media rules adopted by the individual types of courts tend to be
more limiting than the rules listed on the table.
11
Utah:
Only still photography is allowed in trial courts.
13
Still photography in the juvenile courts is subject to the same regulations as in
district court but becomes applicable only in hearings designated by statute or
rule as public hearings.
12
Table 35. The Defense of Insanity: Standards and Procedures
Legend: B=Beyond a reasonable doubt; C=Clear and convincing evidence; P=Preponderance of the evidence; M=Mandatory; D=Discretionary; ]=Yes
(see end of table for additional abbreviations and definitions)
Pre-trial
Trial
Standard
of proof
Standard
of proof
B
C
Alabama
]
Alaska
]
Arizona
P
]
P
D
]
3
California
]
Colorado
]
]
]
]
District of
Columbia
]
4
]
Florida
]
]
]
5
7
9
M’N (nature NGBI/
and quality GBMI
1
prong only)
Indiana
]
Iowa
]
Kansas
]
Kentucky
Louisiana
12
]
]
]
]
NGBI
M’N (nature GBI
and
2
quality)
]
]
NGBD
]
]
]
D
]
M’N
NGBI
]
]
P
]
M’N and
irresistible
impulse
NGBI
]
D
]
A.L.I.
(requires
lack of
capacity to
conform)
NGBD
]
D
A.L.I.
(criminal
prong only)
NGBI
]
]
]
D
]
A.L.I.
NGBI
]
]
D
]
M’N
NGBI
D
]
M’N and
delusional
compulsion
NGBI/GBMI/
GBMR
8
Acquitted for
physical or
mental
disease,
disorder, or
defect
excluding
responsibility
]
]
GBI
]
]
]
10
]
]
GMBI
A.L.I.
(minus
substantial)
]
Illinois
]
NGBD
]
P
A.L.I.
If requested by
defendant
Idaho
]
M
]
]
]
D
Court has
release
authority
Treatment
D
6
]
]
D
Insanity
verdict
]
]
6
M’N
D
]
Delaware
Hawaii
C
]
]
Georgia
B
]
Arkansas
Connecticut
Bifurcated
Post-trial
Burden of
Jury informed
proof
Test for
of verdict
Defendant (D)
Prosecutor (P) consequences insanity
No insanity defense
]
]
]
]
]
]
]
]
]
]
]
]
]
NGBI
GBMI
GBMR
D
A.L.I.
(requires
lack of
substantial
capacity to
conform)
NGBI
]
]
P
A.L.I. (no
control
11
prong)
Not
responsible
by insanity/
GBMI
]
]
D
M’N
NGBI
]
M’N
NGBD
]
P
]
]
D
]
]
D
A.L.I.
NGBI
M’N
NGBI
]
]
]
13
]
]
]
Trial courts 199
Table 35. The Defense of Insanity: Standards and Procedures
Legend: B=Beyond a reasonable doubt; C=Clear and convincing evidence; P=Preponderance of the evidence; M=Mandatory; D=Discretionary; ]=Yes
(see end of table for additional abbreviations and definitions)
Pre-trial
Trial
Standard
of proof
Standard
of proof
B
Maine
C
P
Bifurcated
]
]
]
]
]
]
Maryland
]
Massachusetts
B
C
P
]
Post-trial
Burden of
Jury informed
proof
Test for
of verdict
Defendant (D)
Prosecutor (P) consequences insanity
D
A.L.I. (no
control
14
prong)
D
P
Treatment
Insanity
verdict
M
NGBI
]
D
]
]
A.L.I.
Not
responsible
by reason of
insanity
]
]
]
A.L.I.
NGBI
]
State
15
Hospital
A.L.I.
NGBI
]
N/S
NGBI
]
]
If requested by
defendant
Michigan
]
Minnesota
]
Mississippi
]
Missouri
]
Montana
17
]
]
]
]
]
]
]
Nevada
New Hampshire
]
New Jersey
]
New Mexico
]
New York
]
North Carolina
]
20
]
Oklahoma
]
]
Pennsylvania
]
Rhode Island
South Carolina
Reasonable
Grounds
D
M’N
P
M’N
D
NGBD
M’N and
incapacity
to conform
conduct to
requirement
of the law
Jury
satisfied
]
]
]
]
]
]
]
]
M’N
NGBI
]
D
M’N
NGBI
]
D
]
19
NGBI
D
]
M’N
NGBI
]
]
M’N or
irresistible
impulse
NGBI
]
]
]
]
]
]
]
]
]
D
]
A.L.I.
Not
responsible
by reason of
mental defect
D
]
M’N
NGBI
D
]
A.L.I.
NG, lack of
criminal
responsibility
]
]
]
M’N
NGBI
]
]
P
M’N
ABI
]
]
D
]
A.L.I.
Guilty except
for insanity
]
Psych.
Security
Review
Board
P
]
M’N
NGBI/GBMI
]
]
D
D
]
22
A.L.I.
NGBI
A.L.I.
NGBI
M’N
NGBI
21
]
]
]
]
200 State Court Organization, 2004
]
D
M’N
NGBI
]
]
Chief
Admin.
Judge
(120
days)
South Dakota
]
Annual
review
D
D
]
]
]
P
]
]
]
]
]
]
]
]
D
]
ABI
16
GBI
]
]
]
Oregon
Puerto Rico
]
]
Ohio
D
No insanity defense
18
Nebraska
North Dakota
]
]
Court has
release
authority
]
]
Table 35. The Defense of Insanity: Standards and Procedures
Legend: B=Beyond a reasonable doubt; C=Clear and convincing evidence; P=Preponderance of the evidence; M=Mandatory; D=Discretionary; ]=Yes
(see end of table for additional abbreviations and definitions)
Pre-trial
Trial
Standard
of proof
Standard
of proof
B
C
P
Tennessee
]
Texas
]
Utah
Bifurcated
B
C
P
]
]
23
]
Virginia
]
Washington
]
West Virginia
]
Wyoming
D
M’N and
irresistible
impulse
No insanity defense
Vermont
Wisconsin
Post-Trial
Burden of
Jury informed
proof
Test for
of verdict
Defendant (D)
Prosecutor (P) consequences insanity
]
D
A.L.I.
Greater
weight of
the credible
evidence
]
]
]
Treatment
Insanity
verdict
M
NGBI
]
NGBI
D
Court has
release
authority
]
]
]
Violent
Nonviolent
GBI
]
]
]
24
P
A.L.I.
NGBI
]
]
D
M’N and
irresistible
impulse
ABI
]
]
]
D
M’N
NGBI
]
]
]
Greater
weight of
the credible
evidence
]
]
P
]
A.L.I.
NGBD
D
]
A.L.I.
NGBD
]
]
A.L.I.
NGBD
]
]
D
ABBREVIATIONS:
ABI=Acquitted by reason of insanity
GBI=Guilty but insane
GBMI=Guilty but mentally ill
]
]
GBMR=Guilty but mentally retarded
NGBD=Not guilty by reason of mental disease or defect
NGBI=Not guilty by reason of insanity
DEFINITIONS:
American Legal Institute (A.L.I.): Accused lacks substantial capacity to appreciate the criminality (wrongfulness) of his/her conduct or conform
his/her conduct to the requirements of law.
Irresistible Impulse: If a mental disorder caused the individual to experience an irresistible impulse to commit the offense, even if he/she remained
able to understand the nature of the offense and its wrongfulness.
M’Naghten (M’N): The accused party, at the time of committing the act, was laboring under a defect of reason from disease of the mind, not to know
the nature and quality of the act he/she was doing, or if he/she did not know it was wrong.
FOOTNOTES:
Alaska:
1
Wrongfulness prong is the basis for the guilty but mentally ill verdict.
Arizona:
Wrongfulness prong is the basis for the guilty but insane verdict.
2
Arkansas:
3
Burden of proof is not explicitly stated, but sounds like preponderance of the
evidence in case law.
District of Columbia:
Burden of proof is not explicitly stated, but case law sounds like preponderance
of the evidence with heavy reliance on expert witness conclusions.
5
This is at the discretion of trial court.
4
Georgia:
Standard of proof is preponderance of the evidence for not guilty by reason of
insanity verdict and beyond a reasonable doubt for guilty but mentally ill or guilty
but mentally retarded verdict.
6
Hawaii:
7
The issue is for determination by the trier of fact.
8
The disability defense is expanded so conduct can be a result of ‘physical or
mental disease, disorder, or defect’.
Idaho:
The Insanity defense was abolished; evidence of mental defect may negate an
offense element.
10
Burden of proof is not explicitly stated, but sounds like preponderance of the
evidence in case law.
9
Indiana:
A Mental disease/defect must be a severely abnormal mental condition that
grossly and demonstrably impairs perception.
10
Kentucky:
Burden of proof is not explicitly stated, but sounds like preponderance of the
evidence in case law.
12
Louisiana:
This is mandatory in capital cases. In non-capital cases there is a contradictory
hearing with the burden of proof on the defendant.
13
Maine:
14
Mental disease/defect must be a severely abnormal mental condition that
grossly and demonstrably impairs perception.
Massachusetts:
The district attorney must be informed of the release and given opportunity to
file civil commitment.
15
Mississippi:
16
This applies if the jury still finds the defendant insane and dangerous.
Montana:
The Insanity defense was abolished; evidence of mental defect may negate an
offense element.
17
Nebraska:
Burden of proof is not explicitly stated, but sounds like preponderance of the
evidence in case law.
18
Trial courts 201
Table 35. The Defense of Insanity: Standards and Procedures
New Hampshire:
19
The legislature has not adopted a test: courts have held that the insanity must
negate criminal intent for the not guilty by reason of insanity verdict.
South Carolina:
The jury is informed only if they have the right to fix punishment as well as
decide guilt or innocence.
North Dakota:
20
Availability of an insanity defense is tied to the elements of offense. This
effectively abolishes insanity defense for crimes not requiring intention,
knowledge, or recklessness.
Utah:
23
The Insanity defense was abolished; evidence of mental defect may negate an
offense element.
Puerto Rico:
21
Treatment is ordered if the court has reasonable grounds to believe imposition
is necessary due the defendant’s dangerous character.
202 State Court Organization, 2004
22
Vermont:
The court may retain the release authority, but usually delegates it to
DEV/Mental Health Services.
24
Table 36. DNA Evidence: Post-Conviction Analysis
Legend: RP=Reasonable probability; CC=Clear and convincing evidence; PE=Preponderance of the evidence; PN=Potential for new, relevant evidence;
N/S=Not stated; ]=Yes
State/Statute
Convictions for which
relief may be sought
Time limit Any
for relief
crime Felony
Other
Alabama
1
Code 36-18-20
No limit
Alaska
N/S
N/S
Arizona
Rev. Stat. § 13-4240
No limit
Arkansas
Code Ann. § 16-112201, 205, 207
Length of time
biological evidence
must be preserved
Duration of
sentence
Other
]
N/S
N/S
Standard for granting
DNA testing (likelihood of
producing new evidence)
RP
CC
PE
Forever
N/S
]
N/S
N/S
N/S
N/S
N/S
]
N/S
N/S
PN
Court believes that
granting DNA testing
would result in
Actual
More favorable
innocence
verdict
]
]
N/S
N/S
]
N/S
]
California
Penal Code § 1405
N/S
]
]
Colorado
SB 03-164
N/S
]
N/S
Connecticut
HB 6700
N/S
]
]
Delaware
Code Ann. Tit. 11 §
4504
3 years
]
N/S
N/S
District of Columbia
Code Ann. § 4031 to
4035
N/S
N/S
N/S
]
2 years
]
N/S
N/S
]
]
]
N/S
N/S
]
]
]
]
]
]
]
N/S
N/S
]
]
Murder or
class A, B,
or C felony
N/S
N/S
N/S
N/S
N/S
Murder or
rape
N/S
N/S
N/S
N/S
]
8
]
Violent
crime
Florida
Stat. Ann § 925.11
2 years
Georgia
SB 119
N/S
Hawaii
2005 Act 112
No limit
Idaho
Code § 19-4902
1 year
3
]
Serious
violent
4
felony
Iowa
N/S
Kansas
Stat. Ann. § 21-2512
Kentucky
Rev. Stat. Ann. §
422.285 to 287
Louisiana
Code Crim. Proc. Ann.
art. 926.1
5
]
N/S
N/S
N/S
N/S
N/S
7
Maine
Rev. Stat. Ann. tit. 15 § N/S
2136 to 2138
]
]
]
]
N/S
]
]
]
]
]
N/S
N/S
]
6
Illinois
725 Comp. Stat. 5/116- N/S
3
Indiana
Code Ann. 35-38-7-1
to 19
]
At least 7
2
years
N/S
N/S
Capital
offense
]
]
Crime with
sentence
over 20
years
5
]
N/S
]
N/S
N/S
N/S
N/S
]
N/S
]
]
]
]
]
Trial courts 203
Table 36. DNA Evidence: Post-Conviction Analysis
Legend: RP=Reasonable probability; CC=Clear and convincing evidence; PE=Preponderance of the evidence; PN=Potential for new, relevant evidence;
N/S=Not stated; ]=Yes
State/Statute
Maryland
Code Ann. Crim. Proc.
§ 8-201
Massachusetts
N/S
Michigan
Comp. Laws 770.16
Convictions for which
relief may be sought
Time limit Any
for relief
crime Felony
Other
N/S
N/S
Length of time
biological evidence
must be preserved
Duration of
sentence
Other
3 years
Homicide or
sexual
offense
N/S
10
N/S
N/S
11
N/S
9
N/S
Standard for granting
DNA testing (likelihood of
producing new evidence)
RP
CC
PE
]
N/S
]
N/S
N/S
]
]
PN
Court believes that
granting DNA testing
would result in
Actual
More favorable
innocence
verdict
N/S
N/S
]
]
]
]
N/S
N/S
Minnesota
Stat. 590.01
N/S
N/S
N/S
N/S
N/S
N/S
Mississippi
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
Missouri
Rev. Stat. 547.035
N/S
]
N/S
N/S
]
]
Montana
HB 77 (2003)
N/S
3 years
]
]
Nebraska
Rev. Stat. 29-4117 to
4125
N/S
Nevada
2003 Stat. 335
N/S
New Hampshire
Tit. LXII Chp. 651 D
N/S
New Jersey
Stat. Ann. § 2A: 84A32a
New Mexico
2003 Laws 27
New York
Crim. Proc. Law §
440.30
]
]
N/S
]
Death
sentence
]
]
N/S
]
]
N/S
N/S
]
]
or 5 years
N/S
]
N/S
N/S
]
]
N/S
]
N/S
N/S
]
]
N/S
N/S
]
]
N/S
N/S
]
]
N/S
Before
1-1-96
North Carolina
Gen. Stat. § 15A-269
N/S
]
North Dakota
Code sect. 29-32.1-15
N/S
]
Ohio
Code sect. 2953.71-83
12
]
]
Oklahoma
Stat. tit. 22 § 1371,
1371.1
N/S
]
]
Oregon
2001 Or. Laws 697
13
Pennsylvania
Stat. Ann. tit. 42 §
9543.1
N/S
]
N/S
N/S
Puerto Rico
N/S
N/S
N/S
Rhode Island
Gen. Laws § 10-9.1-10 N/S
204 State Court Organization, 2004
]
N/S
N/S
]
Permanent
]
Plus 2
years
]
]
]
]
]
No
minimum
]
]
N/S
N/S
]
]
]
N/S
N/S
N/S
N/S
N/S
Aggravated
murder or
“person
14
felony”
15
]
17
]
]
16
N/S
N/S
N/S
]
16
Table 36. DNA Evidence: Post-Conviction Analysis
Legend: RP=Reasonable probability; CC=Clear and convincing evidence; PE=Preponderance of the evidence; PN=Potential for new, relevant evidence;
N/S=Not stated; ]=Yes
State/Statute
South Carolina
17-27-10 et. Seq.
Convictions for which
relief may be sought
Time limit Any
for relief
crime Felony
Other
18
1 year
South Dakota
Under case law Jenner N/S
v. Dooley N.W. 2d 463,
471-2 (SD 1999)
Tennessee
Code Ann. § 40-30401 to 413
N/S
Texas
Code Crim. Proc. Ch.
64
N/S
Utah
Code Ann. § 78-35a301 to 304
N/S
Vermont
N/S
Virginia
Code Ann. § 19.2327.1
Washington
RCW § 10.73.170
N/S
Length of time
biological evidence
must be preserved
Duration of
sentence
Other
]
N/S
N/S
During
imprisonment
]
West Virginia
Code sect. 15-2B-14
N/S
]
Wisconsin
Stat. § 974.07; 757.54
N/S
]
Wyoming
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
Violent
crime
N/S
N/S
]
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
]
]
N/S
N/S
]
N/S
]
]
N/S
]
]
]
]
N/S
N/S
N/S
]
Court
determines
]
N/S
]
]
Up to 15
19
years
]
PN
N/S
N/S
N/S
PE
N/S
N/S
N/S
CC
Court believes that
granting DNA testing
would result in
Actual
More favorable
innocence
verdict
N/S
N/S
]
N/S
RP
N/S
]
N/S
Standard for granting
DNA testing (likelihood of
producing new evidence)
N/S
N/S
N/S
]
20
N/S
N/S
N/S
N/S
N/S
FOOTNOTES:
Alabama:
1
Code sect. 36-18-20 covers DNA evidence but does not specifically mention
post-conviction analysis.
Arkansas:
DNA is stored permanently for a violent offense, 25 years for a sex offense,
seven years for any other offense for which DNA must be taken.
2
Florida:
Post conviction relief is available for two years after the conviction is final, or by
October 1, 2003, whichever is later.
3
Georgia:
This is defined in § 17-10-6.1.
4
Hawaii:
The later of either 1) the exhaustion of all appeals or 2) the completion of the
sentence.
5
Idaho:
6
Post conviction relief is available for forty-two days from the final judgment in a
capital case.
Louisiana:
A person convicted of a felony prior to 8-31-07 may request relief under the
provisions of CCRP Article 926.1 (Application for DNA Testing), and anyone
sentenced to death prior to 8-15-01 may request relief under those provisions.
On or after 8-31-07, a petitioner may request DNA testing under the provisions of
CCRP Article 930.4 or 930.8, which places a time limit of “two years after the
judgment of conviction and sentence has become final.”
7
8
For those cases concluded by 8-15-01 with a verdict of guilty or a plea of guilty,
all DNA evidence shall be preserved until 8-31-07. For those cases in which the
defendant was sentenced to death prior to 8-15-01, all DNA evidence shall be
preserved until the execution of the sentence is completed. For those cases
concluded on or after 8-15-01, all DNA evidence shall be preserved until the case
has been finally resolved by the court.
Maryland:
9
The court may specify that the evidence be preserved for a longer time period.
Michigan:
A defendant convicted of a felony at trial before 1-8-01 may petition for DNA
testing and a new trial until 1-1-09. Otherwise, in cases appealable as of right, a
motion for a new trial shall be made within 60 days after entry of judgment, with
exceptions made to this time limit should good cause be shown.
11
This only applies to felons convicted before January 8, 2001.
10
Ohio:
12
As of July 1, 2003, SB 11 had passed the House and the Senate and was
awaiting the governor’s signature. SB 11 provides a one-year window from its
enactment for all felons to have evidence tested “if exclusion result obtained will
be outcome determinative.”
Oregon:
Post conviction relief is available for those incarcerated for “aggravated murder
or a person felony,” or “not in custody but has been convicted of aggravated
murder, murder, or a sex crime.” (2001 Or. Laws 697)
14
Trial courts 205
Table 36. DNA Evidence: Post-Conviction Analysis
Pennsylvania:
15
Post conviction relief is available for any incarcerated petitioner except one
convicted after January 1995 who did not request DNA testing at trial.
16
The result would be actual innocence except in capital cases, where the
standard is a more favorable verdict/sentence.
Rhode Island:
17
Duration of incarceration resulting from conviction after trial.
South Carolina:
18
One year after conviction or one year after sending a remitter to the lower court
from an appeal or the final decision upon an appeal, whichever is later.
206 State Court Organization, 2004
Virginia:
In a non-death-sentence case, the defendant must make a motion to preserve
evidence for up to 15 years. In a death penalty case, the evidence is preserved
until the sentence is executed.
19
Wisconsin:
If the petitioner would not have been convicted, the court must allow DNA
testing. If the petitioner asserts that the verdict would have been more favorable,
the court has discretion to allow testing.
20
Table 37. Making the Trial Record
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; ]=Yes
Alabama
GJ Circuit
LJ District
LJ Municipal
LJ Probate
Alaska
GJ Superior
LG District
Arizona
GJ Superior
LJ Justice of the Peace
LJ Municipal
Arkansas
GJ Circuit
LJ District
LJ City
California
GJ Superior
Colorado
GJ District
GJ Denver Probate
GJ Denver Juvenile
GJ Water
LJ County
LJ Municipal
Connecticut
GJ Superior
LJ Probate
Delaware
GJ Superior
LJ Chancery
LJ Justice of the Peace
LJ Family
LJ Common Pleas
LJ Alderman’s
Does the court make a
verbatim record of trials?
Steno type
(court reporter)
]
]
~
~
~
Methods used to create the record
Audio
Video
Steno mask recording
recording
]
~
~
~
~
~
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
N/S
N/S
]
]
~
]
]
]
N/S
]
~
~
~
~
N/S
N/S
~
~
~
~
~
~
N/S
N/S
1
N/S
N/S
]
~
~
]
~
~
~
~
]
]
N/S
N/S
N/S
District of Columbia
GJ Superior
]
]
]
]
Florida
GJ Circuit
LJ County
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
N/S
N/S
N/S
N/S
N/S
]
]
]
]
]
~
~
~
~
~
~
~
~
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
Georgia
GJ Superior
LJ Juvenile
LJ Civil
LJ State
LJ Probate
LJ Magistrate
LJ Municipal
LJ County Recorder’s
LJ Municipal/City of Atlanta
Hawaii
GJ Circuit
LJ District
Idaho
GJ District
LJ Magistrate’s Division
Illinois
GJ Circuit
]
]
~
~
~
]
]
~
~
Other
Digital recorder
N/S
~
~
~
]
]
]
]
Trial courts 207
Table 37. Making the Trial Record
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; ]=Yes
Indiana
GJ Superior and Circuit
GJ Probate
LJ County
LJ City and Town
LJ Small Claims/Marion County
Iowa
GJ District
Kansas
GJ District
LJ Municipal
Kentucky
GJ Circuit
LJ District
Louisiana
GJ District
GJ Juvenile & Family
LJ Justice of the Peace
LJ Mayor’s
LJ City & Parish
Maine
GJ Superior
GJ District
LJ Probate
Maryland
GJ Circuit
LJ District
LJ Orphan’s
Massachusetts
GJ Superior
LJ District
LJ Probate & Family
LJ Juvenile
LJ Housing
LJ Boston Municipal
LJ Land
Michigan
GJ Circuit
GJ Claims
LJ District
LJ Probate
LJ Municipal
Minnesota
GJ District
Mississippi
GJ Circuit
LJ Chancery
LJ County
LJ Municipal
LJ Justice
Missouri
GJ Circuit
LJ Municipal
208 State Court Organization, 2004
Does the court make a
verbatim record of trials?
Steno type
(court reporter)
]
]
]
]
]
]
~
~
]
]
]
]
~
Methods used to create the record
Audio
Video
Steno mask recording
recording
]
]
]
]
~
~
]
~
~
~
~
]
Real-time
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
~
~
~
~
]
]
]
NR
NR
NR
NR
NR
NR
NR
NR
NR
]
]
]
]
N/S
N/S
N/S
N/S
]
]
]
]
]
]
~
~
~
~
~
NR
NR
NR
NR
NR
NR
NR
NR
NR
]
]
]
]
]
]
]
]
]
]
]
]
]
N/S
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
~
~
~
~
]
]
]
~
~
~
]
~
~
]
~
]
]
]
Other
N/S
~
~
~
~
~
~
Table 37. Making the Trial Record
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; ]=Yes
Montana
GJ District
GJ Workers’ Compensation
GJ Water
LJ Justice of the Peace
LJ Municipal
LJ City
Nebraska
GJ District
LJ Separate Juvenile
LJ County
LJ Workers’ Compensation
Nevada
GJ District
LJ Justice
LJ Municipal
New Hampshire
GJ Superior
LJ District
LJ Probate
New Jersey
GJ Superior
LJ Tax
LJ Municipal
New Mexico
GJ District
LJ Magistrate
LJ Metropolitan/Bernalillo County
LJ Municipal
LJ Probate
New York
GJ Supreme
GJ County
GJ Claims
LJ Surrogates’
LJ Family
LJ District and City
LJ NYC Civil
LJ NYC Criminal
LJ Town & Village Justice
North Carolina
GJ Superior
LJ District
North Dakota
GJ District
LJ Municipal
Ohio
GJ Common Pleas
LJ Municipal
LJ County
LJ Claims
LJ Mayor’s
Oklahoma
GJ District
LJ Municipal Not of Record
LJ Municipal of Record
LJ Workers’ Compensation
LJ Tax Review
Methods used to create the record
Audio
Video
Steno mask recording
recording
Does the court make a
verbatim record of trials?
Steno type
(court reporter)
]
]
]
]
~
~
~
~
]
]
]
]
]
]
]
~
~
~
~
]
]
]
]
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
]
]
]
]
]
]
~
~
~
~
~
~
~
~
~
~
~
]
~
~
]
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
]
]
]
]
~
~
~
~
~
~
]
]
]
]
]
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
N/S
~
N/S
N/S
N/S
N/S
N/S
~
]
]
]
]
~
]
]
]
]
]
~
]
]
]
]
Other
N/S
N/S
N/S
N/S
N/S
~
N/S
N/S
N/S
N/S
N/S
Trial courts 209
Table 37. Making the Trial Record
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; ]=Yes
Oregon
GJ Circuit
GJ Tax
LJ County
LJ Justice
LJ Municipal
Pennsylvania
GJ Common Pleas
LJ Philadelphia Municipal
LJ Magisterial District Judges
LJ Philadelphia Traffic
Puerto Rico
GJ First Instance
Rhode Island
GJ Superior
LJ Workers’ Compensation
LJ District
LJ Family
LJ Probate
LJ Municipal
LJ Traffic Tribunal
South Carolina
GJ Circuit
LJ Family
LJ Magistrate
LJ Probate
LJ Municipal
South Dakota
GJ Circuit
LJ Magistrate
Tennessee
GJ Circuit
GJ Chancery
GJ Criminal
GJ Probate
LJ Juvenile
LJ Municipal
LJ General Sessions
Texas
GJ District
LJ County-level
LJ Justice of the Peace
LJ Municipal
Utah
GJ District
LJ Justice
LJ Juvenile
Vermont
GJ Superior
GJ District
GJ Family
LJ Probate
LJ Environmental
LJ Judicial Bureau
Virginia
GJ Circuit
LJ District
210 State Court Organization, 2004
Does the court make a
verbatim record of trials?
Steno type
(court reporter)
]
]
]
2
~
~
~
]
]
Methods used to create the record
Audio
Video
Steno mask recording
recording
]
]
Other
]
~
~
~
~
~
~
~
~
~
3
]
]
]
3
]
]
]
~
~
~
~
~
~
~
~
~
~
NR
NR
NR
NR
NR
NR
]
]
]
N/S
N/S
N/S
N/S
2
2
]
]
]
N/S
N/S
]
]
]
]
]
]
N/S
N/S
N/S
N/S
N/S
N/S
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
~
]
4
]
4
]
Digital recorder
~
~
~
~
~
~
~
~
]
]
]
]
]
N/S
N/S
N/S
N/S
N/S
]
]
]
]
]
~
~
~
~
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
~
~
~
~
]
]
]
]
]
]
]
]
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
~
~
N/S
~
~
~
~
~
Table 37. Making the Trial Record
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; NR=No response; N/S=Not stated; ]=Yes
Washington
GJ Superior
LJ District
LJ Municipal
West Virginia
GJ Circuit
LJ Magistrate
LJ Municipal
LJ Family
Does the court make a
verbatim record of trials?
Steno type
(court reporter)
]
]
Methods used to create the record
Audio
Video
Steno mask recording
recording
]
]
]
]
]
]
]
]
]
]
]
]
]
]
N/S
~
N/S
~
N/S
~
N/S
~
N/S
]
]
]
Wisconsin
GJ Circuit
LJ Municipal
]
Wyoming
GJ District
LJ Circuit
LJ Municipal
]
]
]
]
]
~
~
~
]
Other
~
N/S
~
~
~
~
]
~
~
~
FOOTNOTES:
California:
1
Audio recording is permitted in traffic, misdemeanor, small claims, and limited
civil cases when a court reporter is unavailable.
Oregon:
These courts are not required to make a record, but they may choose to do so.
2
Pennsylvania:
While these courts generally use court reporters (or audio equipment in some
counties) for making the trial record, they may allow/order alternative recording
methods in individual cases.
3
South Carolina:
4
Video recording is permitted in those courts that allow video conferencing.
Trial courts 211
Part VI: The Jury
This section uses several tables to describe jury
selection, jury verdict rules in the state courts, and the
composition and function of the grand jury in state
courts.
“No person shall be held to answer for a capital, or
other infamous crime, unless on a presentment or
indictment at a grand jury.” That clause from the Fifth
Amendment to the U.S. Constitution applies to all felony
prosecutions in the federal courts. The information in
Table 38 shows that while most states retain the option
of a grand jury indictment, few require it to begin felony
proceedings. A diminished role for the state grand jury
in processing felony cases can be seen early in this
century. Grand jury indictments were largely replaced
by the practice of prosecutors filing a document called a
criminal information, a practice ultimately upheld by the
U.S. Supreme Court (In re McNaught, 1909; Palko v.
Connecticut, 1937). Table 38 indicates whether a grand
jury indictment is required for all felony prosecutions, the
size of the grand jury, the number needed to indict, the
statutory term of grand jury sittings, and the civic duties
undertaken by grand juries.
provisions for peremptory challenges are sometimes
specified for the selection of alternate juries and in cases
involving multiple parties.
Since 1970, U.S. Supreme Court decisions have
allowed states to move away from the traditional federal
jury standard of 12 members who must reach a
unanimous verdict. Specifically, six-member juries were
found to be constitutional in Williams v. Florida, 399 U.S.
78 (1970) and non-unanimous verdicts in Apodaca v.
Oregon, 406 U.S. 404 (1972). Table 42 specifies jury
size and verdict rules for felony, misdemeanor, and civil
cases. The relaxation of traditional size and verdict
requirements is most prevalent for misdemeanor criminal
cases. Four states use eight- (Arizona and Utah) or sixmember juries (Connecticut and Florida) in their courts
of general jurisdiction for non-capital felonies, and two
states (Louisiana and Oregon) and Puerto Rico do not
require a unanimous verdict in such cases. States that
continue to use a 12-member, unanimous verdict jury
typically allow the parties to agree to a smaller, nonunanimous jury.
Table 39 starts the description of trial juries by
indicating the basis for the master list from which the jury
pool is drawn and the relevant state statute. Most states
use a variety of sources to compile a master list.
Sources followed by an asterisk must be used; others
are generally used at the discretion of local jury
commissioners. Qualifications for jury service in terms of
age, time elapsed since a prior jury service, residency,
and English proficiency are specified.
The table
indicates, through footnotes, the states that have
adopted the provisions of the Uniform Jury Selection and
Service Act, which was drafted in 1970 by the National
Conference of Commissions on Uniform State Laws.
Select Bibliography:
Table 40 lists the factors that exempt an individual
from jury duty. Exemptions are generally based on age
or occupation. Twenty-four states and the District of
Columbia do not grant automatic occupational
exemptions; several other states limit exemptions to
those on active military service. Excusals from jury
service follow from claims of undue hardship, extreme
inconvenience, public necessity, or mental disability.
Table 40 also details the obligations that employers bear
in each state toward maintaining the salaries of
employees while on jury service. The daily fee, if any,
paid to serving jurors is also indicated.
Paula L. Hannaford-Agor, Making the Case for Juror
Privacy: A New Framework for Court Policies and
Procedures, Williamsburg, VA: National Center for State
Courts, State Justice Institute, 2001.
The allocation of peremptory challenges is described
in Table 41. The number of peremptory challenges
available to the parties to a dispute is indicated for civil
and criminal cases. Criminal cases are subdivided into
capital, felony, and misdemeanor cases. In criminal
cases, the number of peremptory challenges may be
different for the state and the defense. Additional
Jeffrey B. Abramson, We, The Jury: The Jury System
and the Ideal of Democracy (with new preface),
Cambridge, MA: Harvard University Press, 2001.
Paula L. Hannaford, et al., Are Hung Juries a Problem?,
Williamsburg, VA: National Center for State Courts,
2002.
Paula L. Hannaford, A Profile of Hung Juries,
Williamsburg, VA: National Center for State Courts,
State Justice Institute, 2003.
Juries in Depth: Jury Decision Making, American
Judicature Society. Available online:
http://www.ajs.org/jc/juries/jc_decision_overview.asp.
Gerbert L. Litan (Ed.), Verdict: Assessing the Civil Jury
System, Washington, D.C., 1993.
Nicole Mott, Jury Size, Williamsburg, VA: National
Center for State Courts, 2003.
G. Thomas Munsterman, Paula L. Hannaford, and G.
Marc Whitehead (eds.), Jury Trial Innovations,
Williamsburg, VA: National Center for State Courts,
1997.
The jury 213
G. Thomas Munsterman and Paula L. Hannaford,
“Reshaping the Bedrock of Democracy: American Jury
Reform During the Last Thirty Years”, Judicature, Vol.
36, No. 4, 1997.
Michael Vitiello and J. Clark Kelso, Final
Recommendation Reform of California Grand Jury
Statutes, Sacramento, CA: Capital Center for
Government Law and Policy, 2003.
G.T. Munsterman and Paula L. Hannaford, The
Promises and Challenges of Jury System Technology,
Williamsburg, VA: Research Division, National Center for
State Courts, 2003.
Michael Vitiello and J. Clark Kelso, Grand Jury
Background Study, Sacramento, CA: Capital Center for
Government Law and Policy, 2001.
Thomas Munsterman and Paula Hannaford-Agor,
“Building on the Bedrock: The Continued Evolution of
Jury Reform” Judges’ Journal, Vol. 43, No. 4, 2004.
G.T. Munsterman, Multi-Lingual Juries, Williamsburg,
VA: National Center for State Courts, State Justice
Institute, 2000.
Henry Stacey, Evaluation of Grand Jury Cases Ignored
and Indicted Within Sixty Days: Resources Used by the
Criminal Justice Community, Williamsburg, VA: National
Center for State Courts, 2004.
214 State Court Organization, 2004
For links to prominent web-sites devoted to jury issues,
see http://www.ncsconline.org/Juries/links.htm.
Table 42:
NAACP Legal Defense and Education Fund, Death Row
U.S.A. (a periodical).
Patrick E. Higginbotham, “Juries and the Death Penalty,”
Case Western Reserve Law Review, Volume 41,
Number 4, 1991.
“‘Black Box Decisions’ on Life or Death--If They’re
Arbitrary, Don’t Blame the Jury: A Reply to Judge
Patrick Higginbotham,” Case Western Reserve Law
Review, Volume 41, Number 4, 1991.
Table 38. Grand Juries: Composition and Function
Legend: ~=Not applicable; N/S=Not stated; ]=Yes
Indictment
required
for all
felonies?*
Size of
quorum
13
Number
needed
to indict Statutory term
12
Less than 50,000 population, not less
than two per year; over 50,000
population, minimum of four per year
Alabama
]
Grand
jury size
18
Alaska
]
12 to 18
12
Majority
Up to four months, unless extended
for good cause
Investigate and make
recommendations about public safety
and welfare
12 to 16
9
9
County grand jury, up to 120 days;
statewide grand jury, six months
Investigate corruption of public officers
Arkansas
16
12
12
1 year maximum
Inspect prisons, investigate corruption
of public officers
California
23/19/11
1 year
Investigate operation of local
government, public records
Colorado
23/12
12 months, may be extended by six
months
~
Varies
~
Serve for three months in NCC, and
one year in Kent and Sussex
~
Arizona
1-3
Connecticut
Delaware
]
District of Columbia
]
Florida
]
1
2
12/9
3
15/10
14/12/8
2
~
4
9/7
1
14/12/8
12/9
2
~
4
9/7
4
1
Special civil duties
Inspect jails, examine county treasurer
and education superintendent
bookkeeping
5
16 to 23
16
12
Up to 18 months, may be extended
by six months
~
6
15 to 21
7
12
12
12 months, may be extended by six
months
Investigate political corruption, election
rules violations
16 to 23
16
12
Coterminous with term of court for
which summoned
Inspect jails, public buildings, offices of
superior and probate courts, county
treasurer, district attorney, school
superintendent; appoint committee to
inspect other county offices and
officers
Hawaii
16
8
Idaho
16
12
12
6 months
~
Illinois
16
12
9
18 months maximum
Inspect jails
Indiana
6
5
5
Up to six months, may be extended
up to two years
Submit status report on county homes
and correctional facilities
Iowa
7
5
5
1 year, may be extended until
investigation completed
Inspect public prisons, county
institutions, places of detention,
investigate misconduct of public
officers
Kansas
15
12
12
3 months, may be extended to six
~
Kentucky
12
9
9
20 court days, 90 days for special
grand jury
Investigate public corruption, election
rules violations
Louisiana
12
9
9
4 to 8 months, one year in Cameron
Parish
Inspect jails and other public facilities
Georgia
]
Maine
3/4, but 1 year
not less
than 8 of
the jurors
present
~
13 to 23
13
12
1 year maximum
~
Maryland
23
13
12
Coterminous with term of court for
which summoned
Inspect local jail conditions
Massachusetts
23
12
12
3 months, may be extended
~
13 to 17
13
9
6 months, may be extended up to
one year
~
8
Michigan
The jury 215
Table 38. Grand Juries: Composition and Function
Legend: ~=Not applicable; N/S=Not stated; ]=Yes
Indictment
required
for all
felonies?*
Number
needed
to indict Statutory term
12
1 year maximum
Grand
jury size
16 to 23
Size of
quorum
16
]
20
15
12
6 months
Inspect county offices, jails, tax books
9
12
12
9
Up to six months; may be extended
60 days to complete work
Inspect public buildings, investigate
conduct of public officers
Montana
11
11
8
Varies
Inspect prisons, county books and
records, investigate public corruption
Nebraska
16
12
12
Varies
Inspect county jails
17
12
12
1 year
Inspect prisons and public records,
investigate conduct of public officers
Minnesota
Mississippi
Missouri
Nevada
10
Special civil duties
Inspect prison management,
investigate public corruption
New Hampshire
]
23
12
12
30 days maximum
New Jersey
]
23
12
12
20 weeks maximum
Investigate public affairs and
conditions
12
12
8
3 months
Inspect jails
Investigate conduct of public officers
New Mexico
New York
]
16 to 23
16
12
No set term
North Carolina
]
12 to 18
12
12
1 year (if judge finds burden on jurors Inspect jails and other county offices or
and their employers is too great, may agencies
fix term at six months)
8 to 11
8
6
10 days
Inspect prisons, investigate public
corruption
15
9
12
Up to four months, may be extended
to nine months
Inspect jails
Oklahoma
12
12
9
18 months, may be extended by six
months
Investigate public officer conduct,
prison management
Oregon
7
5
5
Varies by county
Inspect jails and youth detention
facilities
Pennsylvania
23
15
~
18 months, may be extended by six
months
~
North Dakota
]
Ohio
Puerto Rico
N/S
N/S
N/S
N/S
N/S
N/S
Rhode Island
]
13 to 23
13 to 23
12
18 months maximum
~
South Carolina
]
18
12
12
2 year maximum
Investigate conduct of public officers
6 to 10
6
6
18 months maximum
Inspect prisons, investigate conduct of
public officers, examine public records
11
South Dakota
Tennessee
]
13
12
12
Inspect conditions and management of
Foreperson serves for two years.
The other 12 serve until dismissed by prisons and other county buildings,
investigate conduct of public officers,
the judge or until the next term.
inquire into county treasury
Texas
]
12
9
9
Varies
~
Utah
9 to 15
9
3/4 of
jury
18 months, may be extended by six
months
~
Vermont
18 to 23
18
12
6 months
~
5 to 7
5
4
1 year, may be extended by six
months
~
12
12
3/4 of
jury
60 days, may be extended by 60
days
Investigate public corruption
16
15
12
1 term (4 months), may be extended
~
17
14
12
31 consecutive days, or time
necessary to complete proceedings
~
]
Virginia
Washington
West Virginia
]
12
Wisconsin
216 State Court Organization, 2004
Table 38. Grand Juries: Composition and Function
Legend: ~=Not applicable; N/S=Not stated; ]=Yes
Indictment
required
for all
felonies?*
Wyoming
Grand
jury size
12
Size of
quorum
9
Number
needed
Special civil duties
to indict Statutory term
9
Up to 1 year, may be extended by six Inspect jails
months
*Unless waived by the accused; “No” = not required, but available.
Note: Grand juries in all states have the power to investigate crimes. In all but two states, Connecticut and Pennsylvania, grand juries also return
indictments.
FOOTNOTES:
California:
1
In counties with populations exceeding four million, there are 23 members on a
grand jury, with 14 as the number needed for a quorum and to indict; in counties
having a population less than 20,000, there are 11 members on the grand jury,
with eight as the number needed for a quorum and to indict; in all other counties,
there are 19 members on the grand jury, with 12 as the number needed for a
quorum and to indict.
Colorado:
Upon motion by district attorney and for good cause, a grand jury may consist of
23 jurors, with 12 as the number needed for a quorum and to indict; otherwise,
grand juries consist of 12 members, with nine as the number needed for a
quorum and to indict.
2
Florida:
A grand jury indictment is required for capital felonies, but optional for other
felonies.
7
Statewide, a grand jury consists of 18 jurors, with 15 as the number needed for
a quorum, and 12 as the number needed to indict.
6
Michigan:
For multi-county grand juries, the Court of Appeals shall designate the number
of jurors to be drawn. (MCL 767.7e)
8
Missouri:
Grand juries may be called by the Circuit Court.
9
3
Connecticut:
The grand jury is composed of judges.
Nevada:
10
Every public offense must be prosecuted by indictment or information, except
removal of civil officer, offenses arising in militia, and offenses tried in municipal
or justice court.
Delaware:
4
In New Castle County a grand jury consists of 15 members, with indictment by
nine. In Kent and Sussex Counties a grand jury is composed of 10 members,
with indictment by seven.
11
District of Columbia
5
A defendant may waive his/her right to a grand jury in non-capital cases.
Wisconsin:
12
Wisconsin has not convened a grand jury in at least 30 years, although the
grand jury statute is still on the books. As a practical matter, it serves no
function.
Rhode Island:
A grand jury indictment is required in capital and life imprisonment cases only.
The jury 217
Table 39. Trial Juries: Qualifications and Source Lists for Juror Service
Legend: ~=Not applicable; ]=Yes (see end of table for additional abbreviations and definitions)
Note: All States require jurors to be U.S. Citizens.
State/
Statutory authority
Alabama
§ 12-16-60
Permissible sources
of master list
May include VR, DL, and
other lists such as UC,
1
TR, and MVR
Alaska
§09.20.050
DL, and applicants for
permanent fund income*
18
1 year or no more Yes
than 3 months in a
two-year period
District resident
Arizona
§21
VR, DL, and persons from
other lists as determined
by the Supreme Court*
18
Varies
Yes, unless civil rights are
restored
Resident of
jurisdiction
Arkansas
§16-31-101
VR*, DL
18
2 years
Yes
County
resident,
registered voter
]
California
CCP 190-237
May include, in addition to
other lists, customer
mailing lists, TD, UC, VR,
3
DL
18
1 year
Yes, and those whose civil
rights have not been
restored, also "malfeasance
in office”
County resident
]
Colorado
§13-71
VR supplemented with DL
and non-driver
identification cards, and
modified by other lists
18
1 year
No, except as grand jurors
County
resident- more
than 50% of
time
]
Connecticut
§51-217
TR, VR, DL*, Department
of Labor
18
3 years
(juror must
request excuse)
Yes, for 7 years following
conviction or a defendant in
a pending felony case
Electors and
state residents
]
Delaware
§4501
VR* and DL
18
~
Yes, unless civil rights are
restored
County resident
]
District of Columbia
§11-1906
TR, DL, VR*, and names
from other sources or lists
as may be provided in the
jury system plan
18
2 years
Yes
Resident of DC
]
Florida
§5-40
DHSMV database and
volunteers who execute
an affidavit at the office of
the clerk, even if not on
the DHSMV database list*
18
1 year
County resident
Yes, includes bribery,
forgery, perjury, and larceny,
unless civil rights are
restored, and any person
under prosecution for any
crime
Georgia
§15-12
DL, non-driver ID cards,
and VR, supplemented
with other sources if
necessary to assure a
fairly representative cross
section*; discretion
exercised by the board of
jury commissioners
18
No more than 4
Yes, including service as
weeks in one year grand jurors
Grand juror citizen of county
6 months prior
to service
Hawaii
§612
VR, supplemented with
other lists such as TR, DL
18
1 year
Yes, unless pardoned
Resident of
circuit
Idaho
§2-201
VR supplemented with
names from other lists,
such as UC, TR, DL MVR,
“which the Supreme Court
from time to time
designates”*
18
No more than 10
days in two years
County resident
Yes, if lost the right to vote
because of felony conviction
and has not had that right
reinstated
]
Illinois
705 ILCS 305
VR, DL, Illinois Disabled
Person ID card*, and
Illinois ID Card holder
18
~
Yes, free from all legal
exception
County resident
]
VR, supplemented with
other lists such as UC,
,6
TR, CD, DL, TD, MVR*
18
1 year
Yes, and rights not restored
or any person under a
sentence, except in Lake
County, which is felony
conviction only
County resident
]
4
5
Indiana
§33-28
218 State Court Organization, 2004
Minimum Time since prior
age (yrs) jury service
19
~
Are convicted felons
disqualified?
Yes, if lost right to vote for
any crime involving moral
turpitude
Residency
requirement
1 year county
resident
English**
required?
]
]
2
]
Table 39. Trial Juries: Qualifications and Source Lists for Juror Service
Legend: ~=Not applicable; ]=Yes (see end of table for additional abbreviations and definitions)
Note: All states require jurors to be U.S. Citizens.
State/
Statutory authority
Iowa
§607A.4
Permissible sources
of master list
VR, DL*; may use other
lists including, but not
limited to UC, which the
jury commission or jury
manager determines
suitable
Are convicted felons
disqualified?
Yes, unless civil rights
restored
Residency
requirement
County resident
or division of
county
English**
required?
Kansas
§43-155
VR, DL*; lists of stateissued non-drivers’
identification cards may
be used
18
1 year
Yes, within 10 years of
conviction, guilty plea, or
nolo contendre to felony
charge
County resident
for at least 20
days,
qualifications of
elector
]
Kentucky
§29A
VR, TR, DL*
18
24 months
Yes, and rights not restored
or presently under
indictment
County resident
]
VR, DL (discretionary),
sometimes supplemented
with other lists as
determined by each
judicial district
18
Yes, or presently under
2 years; District
indictment
Courts may
change this to four
1 year parish
resident
]
Maine
S. 1201-A
DL, Volunteers* (these
lists may be
supplemented with names
from other lists specified
by the Supreme Judicial
Court), ID card holders
18
No more than 15
days in five years
County resident
]
Maryland
§8-207
DL, non-driver ID cards
18
3 years
Massachusetts
234A
Numbered resident list*
18
3 years
District resident
Convicted of felony within
past 7 years, or defendant in
felony case, or is in custody
of a correctional institution
Michigan
§600.1307a
DL, personal identification
cardholder lists*
18
1 year
Must not be under sentence County resident
for felony at time of selection
]
Minnesota
§593
VR, DL*, and personal
identification cardholder
list. Source list may be
supplemented with names
from other lists specified
in the jury administration
plan
18
2 years
Yes, unless civil rights
restored
County resident
]
Mississippi
§13-5-1
VR*
21
2 years
Convicted of an infamous
crime, bootleggers, habitual
drunkards, and common
gamblers
Qualified
elector or 1
year as resident
freeholder
]
Missouri
§494.4
"One or more public
records"* plus DL, VR on
request
21
1 year
Yes, unless civil rights
restored
County resident
or resident of
city not within a
county
]
Montana
§3-15
VR*
18
1 year
Malfeasance in office or any
felony or high crime
Registered
elector
Nebraska
§25-1601
VR, DL*
19
Not more than 4
weeks in any five
year period
Yes, and all other legal
exceptions
County resident
]
Nevada
§6.045
VR*, other lists; discretion
exercised by county jury
commissioners
18
1 year
Yes, if convicted of treason,
felony, or other infamous
crime (unless civil rights
restored)
Qualified
elector
]
New Hampshire
§500A
DL, VR
18
3 years
Yes, unless annulled
~
8
Louisiana
S.Ct.R. 25;
La. CCrP, Art. 401 et seq.
9
11
Minimum Time since prior
age (yrs) jury service
18
Not to exceed 3
months of service
in a two-year
period
10
13
~
Yes, or a charge pending for Qualified to
crime exceeding $500 or six vote in county
months punishment
14
7
]
]
11
]
]
The jury 219
Table 39. Trial Juries: Qualifications and Source Lists for Juror Service
Legend: ~=Not applicable; ]=Yes (see end of table for additional abbreviations and definitions)
Note: All States require jurors to be U.S. Citizens.
State/
Statutory authority
Permissible sources
of master list
New Jersey
§2B:20
DL*, VR*, TR*, and
homestead rebate filers*
18
New Mexico
§38-5-1
VR, DL*
New York
§16-506
North Carolina
§9-3
North Dakota
§27.091-08
16
Are convicted felons
disqualified?
Residency
requirement
3 years
Yes
County resident
]
18
3 years
Yes
County resident
15
VR, DL, TR, UC,
unemployment, welfare,
and volunteers
18
4 years
Yes
County resident
]
VR, DL*, may use other
sources deemed to be
reliable
18
2 years
Yes, or pleaded nolo
contendre to indictment
charging a felony
State citizen,
county resident
]
Actual voters,
supplemented with other
lists such as UC, TR, DL,
and MVR, which the
Supreme Court
designates
18
2 years
Yes, if also lost right to vote
County and
state resident
]
Yes
County or
municipality’s
territory
, 17
Ohio
§2313.06,
§1901.25, §1907.28
VR, DL*
Oklahoma
§38s28
DL, Volunteers*
Oregon
ORS Ch. 10
Minimum Time since prior
age (yrs) jury service
18, eligible 1 year
if driver
, 18
English**
required?
18
2 years
Yes, unless civil rights are
restored
State residents
and qualified
electors
VR, DL, “and any other
sources approved by the
Chief Justice of the
Supreme Court that will
furnish a fair cross
section”*
18
2 years
Yes, unless civil rights are
restored
County resident
Pennsylvania
Chapter 45 of the Judicial
Code
42 PA.C.S.
§4501 et seq
VR*, may supplement
with lists such as TD, CD,
TR, persons participating
in any state, local or
federal program, school
census list, and
volunteers
18
3 years if service Yes
more than 3 days,
1 year otherwise
Commonwealth
citizen, county
resident
]
Puerto Rico
LPRA title 34A, rule 96
List of actual voters
18
1 year
Yes, as well as “offense of
moral turpitude”
Resident of PR
1 year and 90
days within
judicial district
19
Rhode Island
§9-9-1.1
VR*, MVR, TR,
unemployment lists
18
3 years
Yes, until sentence
completion
Resident (30
days)
]
South Carolina
§14-7-110 et seq
DL, VR*; discretion
exercised by a jury
commission composed of
civil servants
18
3 years
Yes, unless civil rights are
restored
County resident
]
South Dakota
§16-13-10
VR, supplemented with
DL*
18
2 years
Yes, unless civil rights are
restored
State citizen,
and jury or
county resident
]
Tennessee
§22-1-101
TR, DL, VR, or other
available and reliable
sources, “but shall not
include the VR as the sole
or primary source;”
discretion exercised by a
jury commission
composed of civil
servants
18
2 years
Yes, if convicted of infamous County resident
offenses, theft, or perjury
for 12 months
220 State Court Organization, 2004
Table 39. Trial Juries: Qualifications and Source Lists for Juror Service
Legend: ~=Not applicable; ]=Yes (see end of table for additional abbreviations and definitions)
Note: All states require jurors to be U.S. Citizens.
State/
Statutory authority
Texas
Gov. Code, Ch. 62
Permissible sources
of master list
VR, DL*
Utah
§78-46-7
DL*, VR*
Vermont
VSA title IV, §962
, 20
Minimum Time since prior
age (yrs) jury service
18
3 months County
Court; 6 months
District Court
Are convicted felons
disqualified?
Yes, and if under indictment
or other legal accusation for
misdemeanor theft or a
felony
Residency
requirement
State citizen,
county resident,
and qualified
elector
English**
required?
]
18
2 years
Yes, unless expunged
County resident
]
VR, Census, and other
general source of names
18
No more than 3
times in two years
Yes
Resident of
court's
geographical
jurisdiction
]
Virginia
§8.01-337
VR, and, where feasible,
DL, CD, TD, TR, and
“other such lists as
approved by the chief
judge of the circuit”*
18
3 years
Yes, and treason
1 year
commonwealth
resident, 6
months local;
excludes
military
stationed in
Virginia
]
Washington
RCW 2.36.070
VR*, DL*
18
1 year (only if
served more than
two weeks)
Yes, unless civil rights are
restored
County resident
]
West Virginia
§52-1-8
Not less than two of the
following: TR, VR, DL or
chauffeurs license*
18
2 years
Yes, and perjury, false
swearing or other infamous
crime
County resident
Wisconsin
§756
DL*, may be
supplemented with other
lists, including, but not
limited to, VR, TD, UC,
TR, high school
graduates, and welfare
22
lists
18
4 years
Yes, unless civil rights are
restored
Resident of
Circuit Court
area
Wyoming
§1-11-101
VR*, DL
18
Remainder of jury
term and next
term in court’s
discretion
23
Yes, unless pardoned or civil County resident
rights restored
30 days
21
]
]
]
**Must be able to read, speak, and understand English.
ABBREVIATIONS:
CD=City/County directories
DL=Driver’s license
MVR=Motor vehicle registration
TD=Telephone directory
TR=Tax roll
UC=Utility customer
VR=Voter registration
*=Mandatory list
Definition:
UJSSA: The National Conference of Commissioners on Uniform State Laws, the Uniform Jury Selection and Service Act (1970).
FOOTNOTES:
Alabama:
1
All counties use an automated one-step juror summoning and qualification
program, which uses the state’s driver’s license list, except for Montgomery
County and Tuscaloosa County, which use the voter’s registration list.
5
Arkansas:
2
A judge may waive this requirement for persons found otherwise capable.
7
California:
3
The VR and DL lists alone, if purged of duplicate names, shall be considered a
representative cross section.
Louisiana:
8
A judge may disqualify a juror when there is reasonable doubt of his/her
competency.
Florida:
The Department of Highway Safety and Motor Vehicles (DHSMV) database is
used rather than the “driver’s license” list, because that is discriminatory against
persons with disabilities and other individuals who do not drive.
4
Indiana:
Indiana has adopted the UJSSA.
Discretion exercised by court-appointed commissioners.
6
Iowa:
Manually signed mode of English is acceptable.
Maine:
Maine has adopted the UJSSA.
9
The jury 221
Table 39. Trial Juries: Qualifications and Source Lists for Juror Service
Maryland:
10
In cases where petit juror service is less than five days, the limitation is
reduced to one year.
Oklahoma:
Discretion is exercised by a jury commission except in Oklahoma and Tulsa
counties.
11
Massachusetts:
G.L. c 234A §4 does not require the ability to read English.
Puerto Rico:
19
An individual must be able to read and write Spanish to be eligible.
Mississippi:
12
Mississippi has adopted the UJSSA.
20
Missouri:
Any person who has served on a state or federal petit or grand jury within the
preceding year shall be excused upon timely application to the court.
13
New Hampshire:
By statute, perspective juror must state on the juror qualification form whether
he/she is a citizen of United States and resident of the county. The Constitution
requires the trial for a crime to be held in the county or judicial district it was
committed in.
14
New Mexico:
15
Article VII, Section 3 of the New Mexico constitution declares that the right of
citizens to sit on juries shall not be denied because of inability to read, speak or
write English or Spanish.
North Dakota:
North Dakota has adopted the UJSSA.
16
Ohio:
The list is compiled through random selection followed by a personal interview
with two-member citizen jury commission.
17
222 State Court Organization, 2004
18
Utah:
The Judicial Council shall designate one or more regularly maintained lists of
persons as the source for the master lists. In San Juan County, the Council has
designated the Navajo Tribal Roll as a third source list.
West Virginia:
The ability to communicate in American Sign Language is acceptable.
21
Wisconsin:
Each year the Department of Transportation prepares and transmits by county
a master list of all persons licensed or holding DOT identification cards in that
county. Each county has the option of using the master list only, or in
combination with any other comparable list, from which to randomly select
potential jurors.
23
A one-day rule exists in those jurisdictions that choose to adopt it in which
jurors are not required to do more than a day in any two-year period.
22
Table 40. Trial Juries: Exemptions, Excusals, and Fees
Legend: ~=Not applicable; N/S=Not stated; ]=Yes
Age
Exemptions
Professions: Judicial Officers (JO),
Public Officials (PO), Elected
Legislators (EL), Physicians (DR),
Attorneys (AT)
Term of service
N/S
~
Varies
1
Alaska
JO, health exemption if expected to last Varies
70 and
request in more than two years, teachers from
schools failing to make adequate yearly
writing
progress under the No Child Left
Behind Act
3
Arizona
N/S
4
Alabama
No exemptions
Juror compensation:
Varies
Employer
pays?
2
]
5
Arkansas
N/S
No exemptions
24 days
California
N/S
No exemptions
1-day/1-trial
Colorado
N/S
No exemptions
1-day/1-trial
]
Base pay
(per day)
Increase at X
day of service
$10
~
$12.50 for
half day.
Anchorage:
$5.00 for half
day, then
$12.50 for
half day
thereafter
Only in
Anchorage,
where the
regular rate of
$12.50 is paid
only on service
after first half
day
$12
~
$15
$35 if sworn
~
$15
No fee for first
day, $15
thereafter.
$50
6
First
3 days
Connecticut
70
JO and EL disqualified while General
Assembly in session. Governor,
Lieutenant Governor, Secretary of
State, Treasurer, Comptroller, Attorney
General
~
]
State pays for
all days after
third day
$50
$0 for 5 days,
7
then $50
$20
No fee for first
day, $20
thereafter
$30
$4 for first day,
$30 thereafter
First 5
days only
Delaware
N/S
No exemptions
1-day/1-trial
District of Columbia
N/S
No exemptions
1-day/1-trial
Florida
70
JO, PO, Governor, Lieutenant
Governor, cabinet officer, clerk of court
1-day/1-trial
$30
$15 for 1st 3
days, $30
8
thereafter
Georgia
70
EL while General Assembly is in
session. Permanently mentally or
physically disabled
No more than 4 weeks
in one year
$5-$35 –
varies by
10
county
~
Hawaii
N/S
JO, PO, EL, DR, AT, police, active
military, clergy, dentists, fire fighters,
any person who has served as juror in
Hawaii within one year preceding the
time of filling out the juror qualification
form
1-day/1trial, not more
often than once a year
$30
~
Idaho
No exemptions
70 and
request in
writing
10 days
Illinois
N/S
No exemptions
~
$4 - $15.50,
as
determined
by county
board
Indiana
65
JO, PO, EL and active military,
dentists, veterinarians, police, and
firefighters
1-day/1-trial
$15-17.50 for ~
reporting for
jury duty, $40
if sworn
Iowa
N/S
No exemptions
Not more than 3
months in a two-year
period
$10
9
11
]
$10
12
$5 for half day
$10 for more
than half day
~
~
The jury 223
Table 40. Trial Juries: Exemptions, Excusals, and Fees
Legend: ~=Not applicable; N/S=Not stated; ]=Yes
Exemptions
Professions: Judicial Officers (JO),
Public Officials (PO), Elected
Legislators (EL), Physicians (DR),
Attorneys (AT)
Persons required elsewhere for public
welfare, health, or safety. Observers of
the Sabbath shall be exempt from jury
service on Saturday
Kansas
Age
N/S
Kentucky
None
No exemptions
Louisiana
70
No exemptions
Juror compensation:
Term of service
No person shall sit as
juror more than once
per year
Employer
pays?
No more than 30 days
in 24 months
13
Varies by district court
14
local rules
]
Base pay
(per day)
$10
Increase at X
day of service
~
$12.50: $5
service plus
$7.50
expenses
~
$12
15
~
1 day of
wages
during jury
service
No more than 15 days
of service in a five-year
period
$10
No exemptions, except military
70 and
request in
writing
No more than 1 term or
trial in three years
~
$15-30
depending on
jurisdiction
No exemptions
70 and
request in
writing
1-day/1-trial
Michigan
70
No exemptions
Minnesota
70
Mississippi
Maine
N/S
Maryland
Massachusetts
Governor, JO, AT, physicians and
dentists providing active patient care,
sheriffs, active military
]
~
$50
Employer pays
first 3 days,
then state pays
16
$50/day
1-day/1-trial
$25 for first
full day and
12.50 for half
day
$40 after first
day for a full
day, and $20
for half day
JO
Varies based on
17
jurisdiction
$20
~
65
No exemptions
No more than 1 week in
two years, unless
deficiency of jurors
$25
~
Missouri
N/S
DR, JO, active military, less than age
21, felonies, unable to speak, read, or
write English (except hearing or sight
impairment), mental or physical
infirmity
No more than 2 days in
5 circuits, 20 days in 40
circuits
$6
18
~
Montana
N/S
No exemptions
1 year on jury list.
$12-$25
$12 per day for
reporting, $13
additional per
day if sworn
Nebraska
65
No more than 4
JO, court clerks, jailers, sheriffs,
husband and wife not allowed on same calendar weeks in five
years
panel, and parties to a pending suit
$35
~
Nevada
EL and legislative employee during
70, 65 if
lives 65+ session
miles from
court
1 year
$40 per day
nd
after 2 day
of selection,
and $40 per
day for each
day of
21
service
New Hampshire
70
No more than 30 days,
unless completing a
trial
$10 per half
day
~
New Jersey
No exemptions
75 and
request in
writing
Varies from 1 day to 1
22
week
$5
$40 per day
after third day
224 State Court Organization, 2004
JO, EL while in session
First
3 days
20
19
]
Table 40. Trial Juries: Exemptions, Excusals, and Fees
Legend: ~=Not applicable; N/S=Not stated; ]=Yes
New Mexico
Age
N/S
Exemptions
Professions: Judicial Officers (JO),
Public Officials (PO), Elected
Legislators (EL), Physicians (DR),
Attorneys (AT)
No exemptions
Juror compensation:
New York
N/S
No exemptions
5 days or until end of
trial
North Carolina
65
No exemptions
North Dakota
N/S
No exemptions
Ohio
Base pay
(per day)
State
minimum
wage
Increase at X
day of service
~
$40
~
Varies by county:
1 week or
1-day/1-trial
$12
$12 for first 5
days, then $30
per day
No more than 10 days
in two years or one trial
$25
$25 for first day,
$50 per day
thereafter
Members of the Amish community
Older
than 75, if
requested
2 weeks or one trial
Varies
among
counties
After 10 days
Oklahoma
70
JO, sheriffs, jailers, police, AT, EL
18 days or one trial
$20
~
Oregon
70
No exemptions
No more than 10 days,
but changing to 1day/1-trial
$10 first 2
days
On 3 day,
increases to
$25
Pennsylvania
N/S
No exemptions except active military,
and families of criminal homicide
victims
3 days
$9 first 3
days
On 4 day,
increases to
$25
Puerto Rico
N/S
PO, JO, EL, DR, AT, military, public
employees, clergy, school employees,
hospital/medical employees,
morticians, employees of prisons,
employees of ships/shippers, carrier
employees, police, news employees,
public transportation employees, small
business owners, US District Court
jurors
No more than 3 months
total in a year; no more
than 1 month in a row
unless hearing a case
~
$6 per day.
$8 per day if
juror travels
from Culebra
or Vieques
Rhode Island
N/S
EL, JO, AT, sheriffs, marshals, police,
firemen, active military, probation/
parole officers, clerk of court, staff of
the Jury Commissioner’s Office
½ days or end of trial
$15
~
South Carolina
65
"Any person employed within the walls
of any courthouse"
1-day/1-trial
$2-12.50
~
South Dakota
N/S
Clergy if conflicts with religious beliefs,
penitentiary employees
N/S
$10
appearance
fee, $50 per
day if
empanelled
~
Tennessee
65
EL, AT, DR, teachers, firemen, national Varies
guard, pharmacists, PO, JO, sole
proprietors of businesses, nurses,
certified public accountants, persons
not fully possessed of sight or hearing,
clergy
$10
minimum;
may be
supplemented by local
body
~
Texas
70
N/S
Officer or an employee of the Senate,
house of representatives, or any
department commission, board, office,
or other agency in the legislative
branch of state government, active-duty
military, students, parents needing to
care for children younger than 10,
primary caretaker of invalid person
Not less than Not less than
nd
$40 for the 2
$6 for the
first day
and subsequent
days
Utah
None
No exemptions
$18.50
Term of service
23
Varies
Employer
pays?
Partial
26
27
1-day/1-trial
28
]
24
25
rd
th
Day 1= $18.50;
subsequent
days=$49
The jury 225
Table 40. Trial Juries: Exemptions, Excusals, and Fees
Legend: ~=Not applicable; N/S=Not stated; ]=Yes
Exemptions
Professions: Judicial Officers (JO),
Public Officials (PO), Elected
Legislators (EL), Physicians (DR),
Attorneys (AT)
No exemptions
Juror compensation:
Term of service
Must appear for venire
for no more than 3
times in two years or
one trial
Employer
pays?
Increase at X
Base pay
day of service
(per day)
Between $15 Varies
and $30
Vermont
Age
N/S
Virginia
70
President and Vice President of U.S.,
JO, EL, PO, AT, sheriffs, police,
correctional employees, sole
proprietors
Must be available for 1
full term of court; actual
length varies
$30
Washington
N/S
No exemptions
Varies among counties
~
$10 - $25,
varies among
counties
West Virginia
65
No exemptions
30 days or one full trial
$40
Wisconsin
N/S
No exemptions
1-day/1-trial or 1 time in
4 years
$16 minimum ~
per day
Wyoming
72
EL, elected PO, police, firemen
Varies
29
$30
~
~
$30 for first 5
days, then $50
at discretion of
the court
FOOTNOTES:
Alabama:
1
Jury service rarely exceeds five days.
2
Full-time employees are entitled to their regular wages from employers, less
any amount received as a juror fee by the juror from the state.
Alaska:
3
The term of service depends on the population of the locality. No more than
five consecutive days are required in Anchorage. Terms range from 30 or 90
days to one year in other areas.
Arizona:
4
The counties of La Paz, Maricopa, Mohave, Pima, and Pinal employ a 1-day/1trial policy.
Arkansas:
5
No juror shall be required to report for more than six months, nor for more than
24 days, unless completing a trial on which the juror has been selected to serve.
Colorado:
6
Fees include expenses to unemployed jurors.
Connecticut:
7
An employer pays full-time employed jurors’ regular wages for the first five
days. Part-time employed jurors and unemployed jurors are reimbursed for outof-pocket expenses.
Florida:
8
If the juror continues to receive compensation from his/her employer while
serving on a jury, then the juror is not entitled to juror fees for the first three days
of service, but will receive $30 per day after the third day.
Georgia:
9
A person 70 years or older can request to have their name removed from the
juror list.
10
The first grand jury at the Fall term of the Superior Court of the several
counties shall fix an expense allowance for jurors between $5 and $35.
Idaho:
11
In any two-year period, no juror will be required to serve as a juror in more than
one proceeding, nor be required to be available for service for more than six
months, nor be required to attend court as a prospective juror for more than 10
days.
12
If a juror must travel more than 30 miles to attend court, then they will receive
$10 for a half-day, rather than $5.
226 State Court Organization, 2004
Louisiana:
All exemptions were eliminated in 1994.
This varies by local district court rule. Some districts use 1-day/1-trial while
other may require a term of service from one to three weeks.
15
Jurors are compensated $12 for civil cases, not less than $12 for criminal
cases nor more than $25 for each day of attendance in court. Orleans Parish
civil cases are $16.
13
14
Massachusetts:
16
Fees include expenses to unemployed jurors. Such expenses may be paid
from the first day of service.
Minnesota:
17
In jurisdictions with populations greater than 100,000, the juror’s maximum
term of service is two weeks or one trial. In jurisdictions with populations less
than 100,000 but more than 50,000 the maximum term is two months or one trial.
In smaller jurisdictions the maximum term is four months or one trial.
Missouri:
18
A county can increase the base pay. If the county increases the base pay to
$18 per day, the state pays $6 per day. The statute allows one circuit to have a
graduated amount (no payment for the first two days, $50 per day thereafter).
Nebraska:
19
An employer may not subject an employee to loss of pay for missing work for
jury duty; however, the employer may deduct from the employee’s wages the
amount paid by the court to the employee.
Nevada:
20
If drawn from the jury box, a juror is liable to respond to a venire at any time
unless the juror has been called and actually served in attendance on a jury in
the previous year.
21
Jurors also receive mileage and lodging allowance if travel is more than 65
miles from the court.
New Jersey:
22
The term of service is determined by the assignment judge, but cannot be
more than one week per Supreme Court policy. Eleven of 21 counties have one
or two day terms of service. Once selected, a juror will not be called again for
three years.
New Mexico:
23
No juror will be called to a venire more than six months in any year, or, in
counties with populations over 300,000, no more than three months in any year.
No juror will be called as a member of a panel for more than six weeks in any
year, unless engaged in a trial. After actual service on a jury panel, a juror will
not be liable to serve again for 36 months.
Table 40. Trial Juries: Exemptions, Excusals, and Fees
New York:
24
Employers with more than 10 employees pay $40 for the first three days;
thereafter, the state pays. If the employer pays the entire salary the state pays
nothing. Jurors who work for employers with 10 or fewer employees (who do not
pay regular wages while on jury duty) or jurors who are not employed receive
$40 per day from the state.
Ohio:
25
After 10 days the juror fee increases to 1.5 times the normal rate or $15,
whichever is greater.
Pennsylvania:
26
If a juror serves a term of more than three days, that juror will not be liable to
serve again for three years. If the juror serves a term of less than three days, the
juror will not be liable to serve again for one year.
Tennessee:
In counties with a population over 600,000 juror service is limited to no more
than 15 days in any year, unless necessary to complete a trial.
28
Employer must pay the juror the regular compensation the juror would have
received for that day, had the juror not been required to serve jury duty. The
employer may deduct from the juror’s pay the amount paid to the juror as juror
fees. Small employers with less than five employees do not have to pay
employees for the time they serve on jury duty.
27
Wyoming:
29
After serving on a trial, a juror is exempt for the rest of that jury term. The
court has discretion to allow the juror to remain exempt for the next jury term as
well.
The jury 227
Table 41. Trial Juries: The Allocation of Peremptory Challenges
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; N/S=Not stated; ~=Not applicable; ] =Yes
Note: Only those courts that hold jury trials are included in this table.
Capital
Number of peremptory challenges
Criminal
Felony
Misdemeanor
Additional
Per
Multiple
State Defense State Defense alternate parties
Civil
cases
Civil
Additional
Per
Multiple
alternate parties
State
Defense
Alabama
GJ Circuit
12
12
6
6
3
3
1
6/def
6
1
]
Alaska
GJ Superior
LG District
~
~
~
~
10
~
10
~
3
3
3
3
1 or 21
1
1 or 2
]
3
3
1
1
]
Arizona
GJ Superior
LJ Justice of the Peace
LJ Municipal
10
~
~
10
~
~
6
~
~
6
~
~
6
2
2
6
2
2
0
0
0
]
4
3
~
]
]
~
~
Arkansas
GJ Circuit
10
12
6
8
3
3
1
3
1
N/S
California
GJ Superior
20
20
20/10
Colorado
GJ District
GJ Denver Probate
GJ Water
LJ County
10
~
~
~
10
~
~
~
5
~
~
~
Connecticut
GJ Superior
25
25
15/6
15/6
Delaware
GJ Superior
LJ Justice of the Peace
LJ Common Pleas
12
~
~
20
~
~
6
~
~
District of Columbia
GJ Superior
~
~
10
Florida
GJ Circuit
LJ County
10
~
10
~
10/6
~
Georgia
GJ Superior
LJ Civil
LJ State
LJ Probate
10
~
~
~
20
~
~
~
6
~
~
~
Hawaii
GJ Circuit
~
~
12/3
Idaho
GJ District
10
10
10/6
Illinois
GJ Circuit
14
14
7
Indiana
GJ Superior and Circuit
LJ County
20
~
20
~
10
10
Iowa
GJ District
~
~
10/6
Kansas
GJ District
12
12
12/8/6
228 State Court Organization, 2004
3
20/10
3
8
3
10/6
3
]
]
~
~
N/S
4
4
4
1
1
N/S
N/S
N/S
N/S
N/S
N/S
5
N/S
3
1
]
6
]
6
]
]
3
3
3
]
]
6
~
~
6
6
6
6
6
6
]
10
3
3
]
]
3
3
3
3
3
1
1
]
]
3
3
2
~
2
3
4
~
4
3
]
]
~
~
]
]
1
]
]
6
]
7
12/3
11
3
3
1
13
10/6
13
4
4
]
7
5
5
1
10
10
5
5
5
5
]
4
4
N/S
3
3
1
10/6
16
12/8/6
17
]
1
3
8
]
6
3
10/6
~
2
2
]
1
~
~
N/S
4
]
1
11
17
]
3
~
~
3
12
~
~
~
16
]
3
~
~
3
5
~
~
~
4
10/6
]
]
14
]
6
]
6
]
]
]
6
]
]
9
]
9
]
10
6/3
3
10
6/3
3
1
1
1
1
]
]
]
]
]
]
3
]
12
]
]
4
]
14
]
]
5
1
3
3
]
N/S
4
N/S
N/S
]
3
1
]
15
15
]
]
15
15
Table 41. Trial Juries: The Allocation of Peremptory Challenges
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; N/S=Not stated; ~=Not applicable; ] =Yes
Note: Only those courts that hold jury trials are included in this table.
Capital
Number of peremptory challenges
Criminal
Felony
Misdemeanor
Additional
Per
Multiple
State Defense State Defense alternate parties
State
Defense
Kentucky
GJ Circuit
LJ District
8
~
8
~
Louisiana
GJ District
12
12
12/6
Maine
GJ Superior
~
~
10/8
Maryland
GJ Circuit
10
20
5
Massachusetts
GJ Superior
LJ District
LJ Boston Municipal
~
~
~
~
~
~
12/423
2
2
12/4
2
2
23
Michigan
GJ Circuit
LJ District
LJ Probate
LJ Municipal
~
~
~
~
~
~
~
~
12/527
~
5
~
12/5
~
5
~
27
Minnesota
GJ District
~
~
9/3
15/5
28
Mississippi
GJ Circuit
LJ Chancery
LJ County
LJ Justice
12
~
~
~
12
~
~
~
6
~
~
~
Missouri
GJ Circuit
31
LJ Magistrate
9
~
9
~
6
~
Montana
GJ District
LJ Justice of the Peace
LJ Municipal
LJ City
8
~
~
~
8
~
~
~
6/332
~
~
~
Nebraska
GJ District
LJ County
12
~
12
~
6
~
Nevada
GJ District
LJ Justice
8
~
8
~
4
~
New Hampshire
GJ Superior
10
20
New Jersey
GJ Superior
New Mexico
GJ District
LJ Magistrate
LJ Metropolitan/Bernalillo County
12
36
8
~
~
20
36
12
~
~
8
~
8
~
3
3
3
3
1
1
Civil
cases
1
1
3
3
]
6/3
18
12/6
18
6
6
]
21
10/8
21
4
4
1
]
3
4
4
2
]
4
4
2
2
4
2
2
]
5
3
5
3
5
3
5
3
]
]
3
3
~
3
3
5
]
2
6
~
~
~
6
~
30
4/2
2
6
~
30
4/2
2
6
~
2
2
2
2
10
28
35
32
32
]
]
19
24
24
24
]
]
]
25
25
25
]
]
]
29
~
]
]
29
29
1 per 2
1 per 2
32
~
]
]
6/3
6/3
6/3
6/3
6/3
6/3
6/3
6/3
1
1
1
1
]
6
~
3
3
3
3
1
1
]
4
~
4
4
4
4
]
3
3
N/S
]
N/S
]
6/3
~
~
~
35
15/3
15/3
12
20
10
10
3
~
~
5
~
~
3
2/139
39
2/1
5
39
2/1
39
2/1
]
]
]
]
]
]
]
]
34
34
37
37
37
2/party
2/party
2/party
Civil
Additional
Per
Multiple
alternate parties
1
1
20
]
19
]
22
]
]
1
1 per 3
]
4
4
4
]
]
]
26
26
26
]
N/S
N/S
N/S
]
]
~
~
]
]
]
]
4
4
30
4/2
2
1
1
1
1
3
~
1 per 2
~
~
4
33
4/2
33
4/2
33
4/2
1 per 2
1 per 2
1 per 2
1 per 2
N/S
N/S
N/S
N/S
3
3
N/S
N/S
N/S
N/S
4
4
]
]
]
34
]
34
]
3
N/S
]
6
N/S
]
37
]
37
]
]
5/3
1
1
]
38
]
]
]
37
The jury 229
Table 41. Trial Juries: The Allocation of Peremptory Challenges
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; N/S=Not stated; ~=Not applicable; ] =Yes
Note: Only those courts that hold jury trials are included in this table.
Capital
State
Defense
New York
GJ Supreme
20
20
GJ County
20
20
~
~
~
~
~
North Carolina
GJ Superior
LJ District
Number of peremptory challenges
Criminal
Felony
Misdemeanor
Additional
Per
Multiple
State Defense State Defense alternate parties
Civil
cases
Civil
Additional
Per
Multiple
alternate parties
20/15/
40
10
20/15/
40
10
~
~
~
~
~
10
10
N/S
N/S
3
N/S
N/S
10
10
N/S
N/S
3
N/S
N/S
~
~
~
~
~
20/15/
1040
20/15/
40
10
~
~
~
~
~
10
10
~
10
10
10
10
~
10
10
N/S
N/S
~
N/S
N/S
N/S
N/S
~
N/S
N/S
3
3
3
~
3
N/S
N/S
N/S
~
N/S
N/S
N/S
N/S
~
N/S
14
~
14
~
6
~
6
~
6
~
6
~
1
~
]
8
8
2
2
]
North Dakota
GJ District
~
~
6/4
6/4
Ohio
GJ Common Pleas
LJ Municipal
LJ County
LJ Claims
6
~
~
~
6
~
~
~
4
~
~
~
4
~
~
~
3
3
3
~
Oklahoma
GJ District
9
9
5
5
3
Oregon
GJ Circuit
LJ Justice
LJ Municipal
12
~
~
12
~
~
6
~
~
6
~
~
6/347
2
6
Pennsylvania
GJ Common Pleas
20
20
7
7
5
5
1 per 2
]
Puerto Rico
GJ First Instance
~
~
5
5
1
]
~
~
~
Rhode Island
GJ Superior
LJ Family
~
~
~
~
6
6
6
6
3
~
3
~
]
51
]
52
]
51
]
52
1
1
N/S
N/S
South Carolina
GJ Circuit
LJ Magistrate
LJ Municipal
5
~
~
10
~
~
5
~
~
10
~
~
5
6
6
5
6
6
]
53
53
]
]
53
]
4
6
~
N/S
N/S
~
N/S
N/S
~
South Dakota
GJ Circuit
20
20
3
3
]
3
]
55
]
Tennessee
GJ Circuit
GJ Chancery
GJ Criminal
15
~
15
15
~
15
8
~
8
8
~
8
3
~
3
3
~
3
4
4
~
]
56
]
Texas
GJ District
LJ County-level
LJ Justice of the Peace
LJ Municipal
15
~
~
~
15
~
~
~
10
~
~
~
10
~
~
~
5
3
3
3
5
3
3
3
Utah
GJ District
LJ Justice
10
~
10
~
4
~
4
~
3
3
3
3
LJ
LJ
LJ
LJ
LJ
District
City
NYC Civil
NYC Criminal
Town & Village Justice
230 State Court Organization, 2004
41
10/5
50
20/10
54
41
10/5
50
20/10
54
6/4
41
41
~
43
]
42
]
3
3
3
~
]
45
]
~
~
3
3
3
3
3
1
]
3
48
]
]
48
]
3
3
3
6/4
6/3
2
6
]
]
47
]
]
]
]
]
45
45
48
1 per def
~
1 per def
]
]
]
57
57
57
]
]
]
~
]
]
]
]
]
57
]
]
58
]
58
]
]
4
]
44
]
46
]
]
]
46
46
46
]
]
]
48
]
]
]
]
48
]
]
48
]
49
3
~
]
]
]
4
6
3
3
~
]
]
56
]
~
~
~
~
]
58
~
N/S
~
Table 41. Trial Juries: The Allocation of Peremptory Challenges
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; N/S=Not stated; ~=Not applicable; ] =Yes
Note: Only those courts that hold jury trials are included in this table.
Capital
Number of peremptory challenges
Criminal
Felony
Misdemeanor
Additional
Per
Multiple
State Defense State Defense alternate parties
State
Defense
Vermont
GJ Superior
GJ District
~
~
~
~
6
6
6
6
6
6
6
6
]
]
59
Virginia
GJ Circuit
4
4
4
4
3
3
]
60
Washington
GJ Superior
LJ District
LJ Municipal
12
~
~
6
~
~
6
~
~
3
3
3
3
3
3
]
61
12
~
~
West Virginia
GJ Circuit
LJ Magistrate
~
~
~
~
2
~
6
~
4
4
Wisconsin
GJ Circuit
~
~
6/4
Wyoming
GJ District
LJ Circuit
LJ Municipal
12
~
~
12
~
~
8
~
~
65
6/4
8
~
~
65
]
59
6
6
1
1
3
]
60
]
62
]
3
3
3
]
]
2
2
]
]
3
1
66
]
66
]
]
3
3
~
]
61
]
61
4
4
]
63
4
4
1
4
4
4
4
4
4
]
]
]
]
]
Civil
cases
Civil
Additional
Per
Multiple
alternate parties
63
66
]
]
]
1
1
]
]
64
64
]
]
]
]
]
]
]
]
66
]
66
]
~
~
Note:
The following states do not have a death penalty statute: Alaska, District of Columbia, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North
Dakota, Puerto Rico, Rhode Island, Vermont, West Virginia, and Wisconsin.
FOOTNOTES:
Alaska:
1
One additional challenge if one or two alternates selected; two additional
challenges if three or four alternates selected.
Georgia:
Six challenges are allowed for each side when a party requests a jury of 12
(minimum of $10,000 at stake); three challenges for all other cases.
Arizona:
2
If one or two alternates selected, one additional challenge. If three or four are
selected, then two additional challenges. If five or six are selected, then three
additional challenges.
Hawaii:
11
Twelve challenges allowed for each side when the defendant faces life
imprisonment; three for all other cases.
12
If one or two alternates are selected, one additional challenge shall be granted.
If three or four alternates are selected, two additional challenges shall be
granted. If five or six alternates are selected, three additional challenges shall be
granted.
California:
3
Twenty challenges for a penalty of life in prison, six challenges for a penalty of
90 days or less, 10 challenges for other offenses.
Connecticut:
Fifteen peremptory challenges if offense is punishable for life, six for other.
5
If alternates are selected in a trial where the possible maximum punishment is
death, five additional challenges will be allowed; if the maximum possible is life,
three additional challenges. If the offense is a felony, but no life sentence, two
additional challenges shall be allowed, and one additional challenge for all other
offenses.
4
Delaware:
6
If one or two alternates are selected, one additional challenge will be granted. If
three or four alternates are selected, two additional challenges will be granted. If
five or six alternates are selected, three additional challenges will be granted.
District of Columbia:
If one or two alternates are selected, one additional challenge will be granted. If
three or four alternates are selected, two additional challenges will be granted. If
five or six alternates are selected, three additional challenges will be granted.
7
Florida:
Ten challenges allowed for each side when the defendant faces life
imprisonment; six for all other cases.
9
When multiple defendants are tried jointly, each will have the number of
challenges allowed if tried alone.
8
10
Idaho:
Each side has 10 peremptory challenges if the charged offense has a life term
as the maximum sentence; otherwise, each side has 6 peremptory challenges.
14
If one or two alternates are selected, one additional challenge shall be allowed.
If more than two are selected, two additional challenges shall be allowed.
13
Indiana:
If one or two alternates are selected, one additional challenge shall be granted.
If three or four alternates are selected, two additional challenges shall be
granted.
15
Iowa:
Ten if a class A felony.
16
Kansas:
After July 1, 1993, 12 for off-grid or any severity Level 1, eight for severity Level
2-6 person felonies, or greater non-person felony or severity Level 2 or 3 drug
felony, six for any other felony.
17
Louisiana:
Louisiana’s criminal statutes provide that some felonies are punishable “with or
without hard labor” For those punishable without hard labor, the state and the
defense have six peremptory challenges each.
19
The number of challenges allotted must be equal on both sides.
18
The jury 231
Table 41. Trial Juries: The Allocation of Peremptory Challenges
20
If a trial is by a jury of 12, each side is allowed six peremptory challenges. If a
trial is by a jury of six, each side is allowed three peremptory challenges.
Maine:
Ten if charged with murder.
One additional challenge shall be allowed if one or two alternates are selected.
Two additional challenges shall be allowed if three alternates are selected.
21
22
Massachusetts:
Twelve challenges if the offense is punishable by life imprisonment, otherwise
four.
24
If the offense is punishable by life, one additional challenge for each additional
juror for each defendant.
25
In a criminal case the Commonwealth gets as many challenges as equal the
whole number to which all the defendants in the case are entitled.
26
If one or two alternates are selected, one additional challenge shall be granted.
If three or four alternates are selected, two additional challenges shall be
granted.
23
Michigan:
Twelve challenges if tried for life imprisonment, otherwise five.
27
Minnesota:
Nine for state, 15 for defense if life imprisonment possible.
28
Mississippi:
In capital cases, one challenge shall be allowed per alternate selected. In all
other cases, one challenge shall be allowed for every two alternates selected.
There is one challenge total in justice courts.
30
Four for 12-person jury, two for six-person.
29
Missouri:
One Municipal Court has jurisdiction to hold jury trials in municipal ordinance
cases.
31
Montana:
32
Six challenges for 12-person jury, three for six-person jury.
33
Two for six-person jury, not to exceed a total of four challenges if jury is less
than 12 persons.
Nevada:
Each party shall be allowed one additional challenge if one or two alternates
are selected, two challenges if three or four alternates are selected, and three
challenges if five or six alternates are selected.
34
New Hampshire:
If offense is first-degree murder, then 15 per side.
35
New Jersey:
New Jersey does not use felony and misdemeanor classifications, but instead
uses degrees of crime (first – fourth). In specifying the number of peremptory
challenges, NJSA 2B: 23-13 lists 14 crimes for which a defendant will, at trial,
receive 20 peremptory challenges and the state will receive 12 peremptory
challenges. In trials for other crimes, both the state and the defendant receive 10
peremptory challenges each.
36
New Mexico:
Each party shall be allowed one additional challenge if one or two alternates
are selected, two challenges if three or four alternates are selected, and three
challenges if five or six alternates are selected.
38
Five for 12-person jury, three for six-person.
39
One for petty misdemeanors, two for others.
37
New York:
Twenty for Class A felony; 15 for Class B or C felony, 10 for all other.
40
North Dakota:
Six challenges for 12-person jury, four for six-person jury.
42
Each party shall be allowed one additional challenge if one or two alternates
are selected, two challenges if three or four alternates are selected.
43
Four challenges for a nine-person or six-person jury.
44
Each party shall be allowed one additional challenge if one or two alternates
are selected.
41
Ohio:
45
Each party shall be allowed one additional challenge if one or two alternates
are selected, two challenges if three or four alternates are selected, and three
232 State Court Organization, 2004
challenges if five or six alternates are selected.
Each party shall be allowed one additional challenge if one or two alternates
are selected, two challenges if three or four alternates are selected.
46
Oregon:
47
Six challenges if tried before a jury of 12, three challenges if tried before a jury
of six.
48
Each party shall be allowed one additional challenge if one or two alternates
are selected, two challenges if three or four alternates are selected, and three
challenges if five or six alternates are selected.
Pennsylvania:
49
May be varied to achieve a fair distribution of challenges.
Puerto Rico:
Ten peremptory challenges if punishable by life imprisonment, five for all other
felonies.
50
Rhode Island:
51
Each party shall be allowed one additional challenge if one or two alternates
are selected, two challenges if more than two are selected.
52
Peremptory challenges not to exceed 1/3 of qualified jurors (qualified jurors are
jurors who are not subject to challenge for cause).
South Carolina:
Each defendant is entitled to two challenges per alternate selected. The
prosecution is entitled to one per alternate.
53
South Dakota:
Twenty peremptory challenges when life imprisonment is a potential penalty, 10
challenges for all other charges.
55
Each party shall be allowed one additional challenge if one or two alternates
are selected, two challenges if three or four alternates are selected, and three
challenges if five or six alternates are selected.
54
Tennessee:
Each party is entitled to one challenge per additional juror, up to the maximum.
56
Texas:
The state and the defendant shall have one additional challenge if one or two
alternates are selected, and two additional challenges if three or four alternates
are selected.
57
Utah:
Each side shall have one additional challenge per alternate chosen.
58
Vermont:
59
Each side shall have one additional challenge if one or two alternates are
selected, and two additional challenges if three or four alternates are selected.
Virginia:
60
One challenge shall be allowed to each party for every two additional alternate
jurors selected.
Washington:
61
Each party shall have one additional challenge per alternate juror selected.
62
Each side is entitled to one additional challenge if one or two alternates are
selected, two additional challenges if three or four alternates are selected, and
three if five or six alternates are selected.
West Virginia:
63
Each side is entitled to one additional challenge if one or two alternates are
selected, two additional challenges if three or four alternates are selected, and
three if five or six alternates are selected
64
Each side is entitled to one additional challenge if up to three alternates are
selected and two challenges if four or more alternates are selected.
Wisconsin:
65
Six peremptory challenges per side for life sentence; otherwise, four
peremptory challenges per side.
Wyoming:
66
Each party shall be allowed one additional challenge if one or two alternates
are selected, two challenges if three or four alternates are selected, and three
challenges if five or six alternates are selected.
Table 42. Trial Juries: Size and Verdict Rules
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; ]=Yes
Note: Only those courts that hold jury trials are included in this table.
Trial type
Misdemeanor
Decision-rule
Felony
Decision-rule
Size
Unanimous
Alabama
GJ Circuit
12
]
Alaska
GJ Superior
LG District
12
~
]
Arizona
GJ Superior
LJ Justice of the Peace
LJ Municipal
~
12/8
~
~
1
Other
Size
Unanimous
12
~
~
~
]
~
~
Other
Civil
Decision-rule
Size
Unanimous
]
12
]
12
6
]
12
6
5/6
5/6
8
6
6
]
]
8
6
~
3/4
5/6
~
]
]
~
Other
Arkansas
GJ Circuit
12
]
12
2
]
12
3/4
California
GJ Superior
12
]
12
3
]
12
3
3/4
Colorado
GJ District
GJ Denver Probate
GJ Water
LJ County
12
~
~
~
]
Connecticut
GJ Superior
6
4
]
Delaware
GJ Superior
LJ Justice of the Peace
LJ Common Pleas
12
~
~
]
District of Columbia
GJ Superior
12
]
Florida
GJ Circuit
LJ County
6
~
6
]
~
Georgia
GJ Superior
LJ Civil
LJ State
LJ Probate
12
~
~
~
]
Hawaii
GJ Circuit
12
]
12
Idaho
GJ District
12
]
Illinois
GJ Circuit
12
Indiana
GJ Superior and Circuit
LJ County
12/6
14
6
]
]
]
6
6
6
6
6
]
6
]
12
12
12
]
12
6
6
]
]
]
12
]
6
5
]
6
6
]
]
6
~
6
6
]
]
6
~
6
6
]
]
]
12
6
7
6
6
]
~
~
~
]
12
6
]
12/6
]
12
]
12/6
]
]
6
6
]
]
6
6
]
]
]
8
]
~
~
~
~
~
~
~
~
13
Iowa
GJ District
12
]
Kansas
GJ District
12
]
~
~
~
~
~
6
~
~
6
]
~
~
~
8
12/6
6
15
]
~
~
~
]
]
]
]
]
]
]
9
5/6
11
12
17
12/6
10
3/4
]
16
7/8
16
18
5/6
18
]
The jury 233
Table 42. Trial Juries: Size and Verdict Rules
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; ]=Yes
Note: Only those courts that hold jury trials are included in this table.
Trial type
Misdemeanor
Decision-rule
Felony
Decision-rule
Kentucky
GJ Circuit
LJ District
Louisiana
GJ District
Size
Unanimous
12
~
]
Other
~
19
20
]
12
10/12
20
Other
Civil
Decision-rule
Size
Unanimous
Size
12
6
]
6
]
12
Unanimous
3/4
5/6
12
6
]
Other
21
5/6,
9/12
Maine
GJ Superior
12
]
12
]
8
Maryland
GJ Circuit
12
]
12
]
6
Massachusetts
GJ Superior
LJ District
LJ Boston Municipal
12
6
6
]
]
12
6
6
]
]
12
6
6
5/6
5/6
5/6
Michigan
GJ Circuit
LJ District
LJ Probate
LJ Municipal
12
~
12
~
]
12
6
6
6
]
6
6
~
6
5/6
5/6
~
5/6
Minnesota
GJ District
12
]
6
]
Mississippi
GJ Circuit
LJ Chancery
LJ County
LJ Justice
12
~
~
~
]
6
~
6
6
]
Missouri
GJ Circuit
12
]
Montana
GJ District
LJ Justice of the Peace
LJ Municipal
LJ City
12
~
~
~
Nebraska
GJ District
LJ County
12
~
]
Nevada
GJ District
LJ Justice
12
~
]
New Hampshire
GJ Superior
12
New Jersey
GJ Superior
New Mexico
GJ District
LJ Magistrate
LJ Metropolitan/Bernalillo County
234 State Court Organization, 2004
12
27
12
~
~
]
~
~
]
~
~
~
~
~
~
~
~
12
]
24
]
]
]
]
6
3/4
]
~
22
23
]
5/6
23
]
]
12
12
6
6
]
12
3/4
2/3
2/3
2/3
2/3
~
~
3/4
3/4
5/6
]
~
~
~
12
6
6
6
]
]
]
]
12
6
6
6
~
12
6
]
]
12
6
12
6
]
~
]
12
26
6
]
6
]
12
]
12
]
12/6
5/6
]
]
12
6
6
5/6
5/6
5/6
~
~
~
~
~
]
~
~
27
12
6
6
]
25
]
25
]
26
25
5/6
25
5/6
3/4
3/4
]
28
Table 42. Trial Juries: Size and Verdict Rules
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; ]=Yes
Note: Only those courts that hold jury trials are included in this table.
Trial type
Misdemeanor
Decision-rule
Felony
Decision-rule
Size
Unanimous
New York
GJ Supreme
GJ County
LJ District
LJ City
LJ NYC Civil
LJ NYC Criminal
LJ Town & Village Justice
12
12
~
~
~
~
~
]
North Carolina
GJ Superior
LJ District
12
~
]
North Dakota
GJ District
12
]
Ohio
GJ Common Pleas
LJ Municipal
LJ County
LJ Claims
12
~
~
~
]
Oklahoma
GJ District
12
]
Oregon
GJ Circuit
LJ Justice
LJ Municipal
12
~
~
~
~
Pennsylvania
GJ Common Pleas
~
~
~
~
~
~
~
~
~
36
12
Unanimous
]
~
~
~
~
~
12
12
6
6
~
6
6
12
~
]
~
12/6
6
10/12
~
~
Rhode Island
GJ Superior
LJ Family
12
12
]
South Carolina
GJ Circuit
LJ Magistrate
LJ Municipal
12
~
~
]
South Dakota
GJ Circuit
12
]
Tennessee
GJ Circuit
GJ Chancery
GJ Criminal
12
~
12
]
Texas
GJ District
LJ County-level
LJ Justice of the Peace
LJ Municipal
12
~
~
~
]
40
~
]
~
29
~
]
]
12/8
8
8
8
~
6
6
6
36
~
33
12/6
]
]
]
12/6
6
6
]
12
6
6
]
~
]
]
12
12
~
12
]
6
6
6
6
]
~
~
~
~
6/4
41
6/4
]
41
]
]
5/6
~
]
]
]
]
~
12
]
3/4
5/6
9
]
~
]
37
12
6
~
~
3/4
3/4
3/4
3/4
35
]
]
~
]
31
]
12
~
12
12
~
38
12
6
6
~
~
]
~
~
5/6
]
]
~
39
~
~
10/12
5/6
5/6
~
~
3/4
~
42
8
~
5/6
5/6
5/6
5/6
5/6
~
5/6
]
30
9/6
Other
]
12
12
]
]
Unanimous
~
12
6
6
~
~
]
~
~
]
6
6
6
6
6
~
6
]
]
~
~
~
]
Size
12
~
]
~
]
32
12
9
~
~
34
Other
]
8
8
8
~
~
~
~
]
12
12/8
~
Size
]
Puerto Rico
GJ First Instance
Utah
GJ District
LJ Justice
Other
Civil
Decision-rule
39
The jury 235
Table 42. Trial Juries: Size and Verdict Rules
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; ~=Not applicable; ]=Yes
Note: Only those courts that hold jury trials are included in this table.
Trial type
Misdemeanor
Decision-rule
Felony
Decision-rule
Size
Unanimous
Vermont
GJ Superior
GJ District
12
12
]
Virginia
GJ Circuit
12
Washington
GJ Superior
LJ District
LJ Municipal
44
12
~
~
Other
Size
Unanimous
12
12
]
]
]
7
]
12
6
6
44
~
~
West Virginia
GJ Circuit
LJ Magistrate
LJ Municipal
12
~
~
]
Wisconsin
GJ Circuit
12
]
Wyoming
GJ District
LJ Circuit
LJ Municipal
12
~
~
]
~
~
~
~
~
~
~
~
Size
Unanimous
12
12
]
]
]
7/5
]
12
12
12
]
]
Other
Civil
Decision-rule
43
]
]
45
46
12
6
12
]
]
]
6
6
6
6
]
12
6
6
6
]
]
]
45
5/6
5/6
5/6
]
]
]
47
48
6
48
6
~
Other
5/6
]
]
~
~
FOOTNOTES:
Arizona:
1
A twelve-member jury is required if the death penalty or a sentence of 30 years
or more are being sought.
Arkansas:
2
The number of jurors may by fewer if the parties agree.
California:
3
The number of jurors may by fewer if the parties agree.
Connecticut:
4
A twelve-member jury is used in capital cases, but the defendant may elect
otherwise.
District of Columbia:
5
There may be 12 jurors, if the court deems it necessary.
Florida:
6
Capital and eminent domain cases require a 12-member jury (unanimous
verdict).
Georgia:
7
In State Court civil trials, a 12-member jury may be demanded if damages are
greater than $25,000, otherwise the jury consists of six members.
Hawaii:
8
This applies to crimes punishable by six months or more.
9
May stipulate that the jury consist of any number less than 12 or that a verdict
on finding of a stated majority of jurors is taken as the verdict or finding of the
jury.
10
Can stipulate to six-member with 5/6-rule.
Idaho:
Limited to six in cases involving less than $500.00.
11
Illinois:
In civil trials, six jurors if damages are less than $15,000, unless 12 jurors are
requested.
12
236 State Court Organization, 2004
Indiana:
13
Twelve for class A, B, and C felonies, or enhanced penalty; six for other
felonies.
14
Only tries class D felonies.
Iowa:
In misdemeanor trials, 12-member jury if "serious" or "aggravated," six if
"simple."
16
In civil trials, 7/8-rule applies after six hours of deliberation.
15
Kansas:
In civil trials, 12-member jury if damages are greater than $10,000, otherwise
six.
18
In civil trials, 5/6-rule if 12 jurors, otherwise must be unanimous.
17
Louisiana:
Capital cases and cases where punishment necessarily is confinement at hard
labor -12 jurors. Cases where punishment may be confinement at hard labor six jurors.
20
Capital cases and cases where punishment necessarily is confinement at hard
labor - unanimous; cases where punishment may be confinement at hard labor 10/12.
21
Parties may stipulate to a six-person jury.
19
Minnesota:
22
Court has discretion to seat as many as 12 jurors, when the circumstances
warrant.
23
If deliberate more than six hours.
Missouri:
In practice, juries consist of 12 members. However, if the case is tried before
an associate judge, the parties agree upon a number of jurors.
24
Nebraska:
25
In civil trials, 5/6-rule after six hours deliberation.
Nevada:
Parties may stipulate to a jury of 4-8.
26
Table 42. Trial Juries: Size and Verdict Rules
New Jersey:
27
Juries in criminal cases consist of 12 persons. Except in trials for crimes
punishable by death, parties may stipulate in writing that the jury shall consist of
less than 12 persons.
28
Juries in civil cases consist of six persons unless party demands a jury of 12,
or court chooses 12 jurors when good cause is shown.
North Dakota:
In class A misdemeanor, defendant may make motion for 12 jurors.
A civil jury must consist of six qualified jurors unless any party makes a
demand for a jury of nine.
29
30
Ohio:
31
Twelve person only when action for appropriation of right-of-way by a
corporation.
Oklahoma:
In cases where imprisonment is authorized for more than six months, all jurors
must concur in the verdict.
33
In civil trials, 12-member jury if damages are greater than $10,000, otherwise
six.
32
Oregon:
In murder or aggravated murder trials, verdict must be at least 11 of 12 jurors.
Six person if cause of action less than $10,000.00.
34
35
Pennsylvania:
Upon consent, may be less than 12, but not less than six.
Twelve is subject to waiver.
36
37
Utah:
A 12-member jury is required for a capital offense.
For misdemeanors: if potential sentence is over six months, then six jurors, if
shorter than six months, then four jurors.
42
Four jurors in civil case with damages less than $20,000.
40
41
Virginia:
Five persons from a panel of 11 shall constitute a jury in a civil case when the
amount involved (exclusive of interest and costs) does not exceed the maximum
jurisdictional limits. Seven persons from a panel of 13 shall constitute a jury in all
other civil cases except that when a special jury is allowed, 12 persons from a
panel of 20 shall constitute a jury.
43
Washington:
In non-capital cases, a defendant may elect trial before a six-member jury.
In a civil trial, a defendant may demand a 12-member jury. The court shall seat
not less than six and not more than 12 jurors. The decision rule for a 12-person
jury is 10/12.
44
45
West Virginia:
In medical malpractice claims, jury of 12. Nine of 12 required for verdict.
46
Wisconsin:
47
In civil or traffic cases, jury shall consist of six, unless a party requests a
greater number not to exceed 12. The court on its own motion may require a
greater number, not to exceed 12.
Wyoming:
In civil trials, six-member jury unless demand made for 12.
48
Texas:
Parties may agree to fewer than 12 jurors.
An unanimous verdict is required for awards of exemplary damages.
38
39
The jury 237
Part VII: The Sentencing Context
The five tables in this section describe facets of the
sentencing process. The fundamental statutory
framework for felony and misdemeanor sentencing is
outlined in Table 43. Minimum and maximum sentences
are indicated for both felonies and misdemeanors
followed by the dollar fine range for felonies. Mandatory
minimum sentences facing those convicted of a felony
involving a firearm or deadly weapon also are described.
The definition, if any, of a habitual offender is given and
the attendant penalties stated.
Finally, the table
indicates the most severe sentence other than the death
penalty in a state. In most states, provisions exist for a
sentence of “life without the possibility of parole”
(LWOP). For those states with capital punishment, that
sentence is often the default if the jury cannot agree on
the appropriate sentence.
Courts of general jurisdiction have unlimited
authority to hear and dispose of felony cases. However,
courts of limited jurisdiction in most states conduct
preliminary hearings and bind over felony defendants for
trial and in the course of doing so may have the
jurisdiction to accept a guilty plea to a misdemeanor and
then impose sentence. In some states, this extends to
accepting a guilty plea to a felony charge but rarely to
imposing a sentence.
Table 44 describes how
jurisdiction over felony cases is distributed within each
state’s court system. The authority of a trial court judge
or an appellate court to alter a sentence once it has
been implemented also is indicated.
Table 45 describes the sentencing responsibilities of
judges and juries for both capital and non-capital felony
cases. The table indicates whether the judge or the jury
sets the original sentence in death penalty cases,
whether it must be unanimous, if there is an automatic
default to life without parole if the jury fails to agree, and
whether the judge can alter the jury’s sentence. Table
45 also explains who is responsible for sentencing in
non-capital cases. Most states have a sentencing
hearing that is separate from the trial for non-capital
felonies. In Blakely vs. Washington (June 2004) the U.S.
Supreme Court ruled that a judge may not increase a
sentence beyond what is known “solely on the basis of
the facts related in the jury verdict or admitted by the
defendant.” The implications for the judicial role in
sentencing are reviewed in the Wool and Stemen
reference in the bibliography.
Table 46 offers a detailed look at sentencing
commissions. Topics covered include the name of the
commission, when it was established, membership
composition, and responsibilities.
The table notes
whether guidelines developed by a commission are
voluntary or mandatory.
Conviction for a felony offense can bring certain
“civil disabilities” in the form of collateral consequences.
These typically extend beyond the point at which a
person leaves prison or is released from probation or
parole supervision. However, states differ in whether
collateral consequences apply to all convicted felons or
only to those incarcerated. Table 47 considers the
impact that a felony conviction has on voting rights,
eligibility for public employment, jury service, firearm
ownership, and parental rights. Whether there is a
registration requirement for convicted sex-offenders is
also discribed.
Selected General Bibliography:
“A Symposium on Sentencing Reform in the States,”
University of Colorado Law Review, 64, No. 3, 1993.
Fred L. Cheeseman, “Blended Sentencing in Minnesota:
On Target for Justice and Public Safety?” Williamsburg,
VA: National Center for State Courts, 2002.
William L. Gillespie, “State Sentencing Policy: Review
and Illustration.” Williamsburg, VA: National Center for
State Courts, 2003. Available online:
http://www.ncsconline.org/WC/Publications/KIS_SentenJ
SJV24No2.pdf.
Brian Ostrom, Offender Risk Assessment in Virginia,
Williamsburg, VA: National Center for State Courts,
2002.
Brian Ostrom, Neal Kauder, David Rottman, and
Meredith Peterson, Sentencing Digest: Examining
Current Sentencing Issues and Policies, Williamsburg,
VA: National Center for State Courts, 1998.
Ann L. Pastore and Kathleen Maguire (Eds.),
Sourcebook of Criminal Justice Statistics, 2003,
Washington, D.C.: U.S. Department of Justice, Bureau
of Justice Statistics, USGPO, 2003.
Sandra Shane-DuBow, Alice Brown, and Erik Olsen,
Sentencing Reform in the United States: History,
Content, and Effect, Washington, D.C.: U.S.
Government Printing Office, 1985.
Cyrus Tata and Neil Hutton, Sentencing and Policy:
International Perspectives. Aldershot: Ashgate, 2002.
U.S. Department of Justice, Office of Justice Programs,
Bureau of Justice Statistics, Criminal Sentencing
Statistics, http://www.ojp.usdoj.gov/bjs/sent.htm.
(last visited December 7, 2005).
The sentencing context 239
U.S. Department of Justice, Office of Justice Programs,
Bureau of Justice Statistics, Felony Sentencing in the
State Courts, 2002,
http://www.ojp.usdoj.gov/bjs/abstract/fssc02.htm.
(last visited December 12, 2005)
Kent H. Ronhovde and Gloria P. Sugars, Survey of
Select State Firearm Control Laws, Federal Regulation
of Firearms, Washington, D.C.: U.S. Government
Printing Office (prepared for the U.S. Senate Judiciary
Committee), 1982.
Capital Punishment:
Holly Shaver Bryant, Trends 2002: Capital
Punishment/The Death Penalty, Williamsburg, VA:
National Center for State Courts, 2002.
Barbara S. Vincent and Paul J. Hofer, The
Consequences of Mandatory Minimum Prison Terms: A
Summary of Recent Findings, Washington, D.C.:
Federal Judicial Center, 1994.
Felony Laws:
Wayne Logan, Lindsay Stellwagen, and Patrick Langan,
Felony Laws of the 50 States and the District of
Columbia, 1986, U.S. Department of Justice, Bureau of
Justice Statistics, Washington, D.C.: U.S. Government
Printing Office.
Table 47:
Habitual Offender Statutes:
William McDonald, Repeat Offender Law in the United
States: Their Form, Use, and Perceived Value,
Washington, D.C.: National Institute of Justice, 1986.
Paul H. Robinson, “Punishing Dangerousness: Cloaking
Preventive Detention as Criminal Justice,” Boston:
Harvard Law Review, 2001.
Judge and Jury Sentencing:
Jon Wool and Don Stemen, Aggravated Sentencing:
Blakely v. Washington, Practical Implications for State
Sentencing Systems, Vera Institute of Justice, August
2004, Available online:
http://www.vera.org/publication_pdf/242_456.pdf.
Life Without the Possibility of Parole:
Julian H. Wright, “Life-Without-Parole: An Alternative to
Death or Not Much of a Life at All?,” Vanderbilt Law
Review, Volume 43, 1990.
Derral Cheatwood, “The Life-Without-Parole Sanction: It
Current Status and a Research Agenda,” Crime and
Delinquency, Volume 34, Number 1, January 1988.
J. Mark Lane, “Is There Life Without Parole?: A Capital
Defendant’s Right to a Meaningful Alternative Sentence,”
Loyola of Los Angeles Law Review, Volume 26, January
1993.
Mandatory Minimums:
Lawrence Brinkley, Mandatory Minimum Sentencing:
Overview and Background, Hauppauge, NY: Novinka,
2003.
Background Information About Offender Re-Entry and
the Collateral Consequences of Criminal Convictions.
New York: New York State Judicial Institute, 2005.
Available online:
http://www.courts.state.ny.us/ip/partnersinjustice/Offend
er-Re-Entry.pdf.
Velmer S. Burton, Jr., Francis T. Cullen, and Lawrence
F. Travis III, “The Collateral Consequences of a Felony
Conviction: A National Study of State Statutes,” Federal
Probation, September 1987.
Walter Matthews Grant, John LeCornu, John Andrew
Pickens, Dean Hill Rivkins, and C. Roger Vinson, “The
Collateral Consequences of a Felony Conviction,”
Vanderbilt Law Review, Volume 23 Number 5, October
1970.
Margaret Colgate Love, “Relief From The Collateral
Consequences Of A Criminal Conviction: A State-ByState Resource Guide,” Washington: The Sentencing
Project, 2005. Available online:
http://www.sentencingproject.org/rights-restoration.cfm.
Debra Parks, “Ballot Boxes Behind Bars: Toward the
Repeal of Prisoner Disenfranchisement Laws,”
Philadelphia: Temple Political & Civil Rights Law
Review, 2003.
Richard G. Singer, “Conviction: Civil Disabilities,”
Encyclopedia of Crime and Justice, Vol. I, S. Kadish
(Ed.). New York: The Free Press, 1983.
Table 43. Sentencing Statutes: Key Definitions and Provisions for Sentence Enhancement
Legend: MM=Mandatory minimum sentence; LWOP=Life without parole; ~=Not applicable; ]=Yes
Sentences (years)
Felony
Misdemeanor
range
maximum
Felony fine range
Alabama
Alaska
Most serious
non-capital sentence
Deadly weapon
use – MM (years)
1 to death
1
$0-20,000 or twice the >20 Class A;
pecuniary gain. Up to > 10 Class B
felony.
$500,000 for drug
trafficking.
1 to 99
1
$0-1,000,000
($500,000 for
organizations).
st
Habitual offender*
LWOP
]
Next highest class of felony for
each prior conviction. On
conviction of Class A felony
after 3 priors, LWOP.
nd
7-11 for Class A
felony.
Class A, 2 felony, 10-14
rd
years; Class A 3 felony, 15-20
years.
nd
rd
.5 to death 5 months – 1 $0-150,000
offense; up to
22 months –
nd
2 offense
7 for Class 2
felony.
2 Class 2 felony 6 yrs; 3
Class 2 felony 14 yrs.
Arkansas
0 to death
1
$0-15,000
Up to 15
additional.
Enhanced after 2 and 4
offenses.
California
1.25 to
1
death
1
No minimum,
maximum varies
2
according to crime.
1 to 25-to-life.
Felony sentence doubled if 1
prior “serious” or “violent”
felony. If 2 “serious” or “violent”
rd
felonies, LWOP (25 to life). 3
violent felony, LWOP.
Additional years for each prior
serious felony conviction.
Colorado
1 to death
2
$0-1 million
Midpoint
presumptive to 2
times max.
3 offense within past 10 yrs,
3x the presumptive range
th
maximum. 4 offense, 4 times
presumptive range maximum.
Connecticut
1 to death
1
$0-20,000
5
Upon 3 felony conviction, use
next most serious felony.
Delaware
0 to death
1
No min/max. For
corporations: 2.3
times amount of gain
or $11,500.
2 – Class B felony. 4 or subsequent, up to LWOP;
rd
3 conviction of serious felony,
LWOP.
District of
Columbia
1 yr/life
1
$0 minimum,
maximum varies
according to crime.
Mandatory victims of
violent crime
assessment.
5 – 1 offense;
3x minimum (not
less than 5 yrs) for
nd
2 or subsequent
offense.
2 felony, up to 1½ maximum
rd
sentence; 3 or more
conviction, up to and including
life.
Florida
1 to death
1
$0-$500,000
Up to 8 additional
for any of several
specified felonies.
2 prior felonies: 1 degree – up
nd
to life; 2 degree – up to 30 yrs.
Georgia
1 to death
1
$0-100,000 individual; 10 – 1 offense;
nd
up to $1 million for an life – 2 or
organization.
subsequent
offense.
Hawaii
0 to
LWOP,
may be
commuted
after 20
4
years
1
No minimum,
maximum varies
according to crime;
$50,000 maximum for
Class A felony.
Decided by parole
authority unless
the court makes a
finding that a
firearm was used.
2 or more felonies and murder
nd
in the 2 degree, LWOP; Class
A felony, life; Class B felony, 20
5
yrs; Class C felony, 10 yrs.
Idaho
0 to death
1
$0-50,000
15 added to
sentence.
3 felony, 5 yrs extendible to
life.
Illinois
1 to death
<1
For individual $025,000 (corporation
$0-50,000) or amount
specified in the
offense, whichever is
greater.
Up to 25.
3 offense (only Class X felony,
criminal sexual assault,
st
aggravated kidnapping, or 1
degree murder) within 20 yrs life
3
th
]
]
rd
]
rd
st
st
20-99 years,
prescribed
minimum may
not be reduced.
]
Arizona
nd
Note
Governor may
not commute
sentence.
]
th
]
nd
]
st
]
nd
2 felony, longest for that
th
offense; 4 felony, max
nd
sentence w/o parole; 2 serious
violent felony, LWOP.
30 yrs w/o
parole.
]
rd
]
rd
]
Governor may
commute after
4
20 yrs.
The sentencing context 241
Table 43. Sentencing Statutes: Key Definitions and Provisions for Sentence Enhancement
Legend: MM=Mandatory minimum sentence; LWOP=Life without parole; ~=Not applicable; ]=Yes
Indiana
Iowa
Sentences (years)
Felony
Misdemeanor
range
maximum
Felony fine range
.5 to death
1
$0-10,000
6
0 to
LWOP
$0-10,000 +
2 for
aggravated; 1 surcharge of 30% for
criminal justice
otherwise
programs.
Most serious
non-capital sentence
Deadly weapon
use – MM (years)
20 added to
sentence.
3 offense, not eligible for
parole until served at least 3
yrs.
~
Criminal history used in every
sentencing decision.
0 to death
1
$500,000 maximum
Kentucky
1 to death
1
~
$1,000-10,000 for
individual; $20,000 for
corporation.
Louisiana
0 to death
1
Maine
Maryland
0 to life
8
<364 days
8
rd
5
Kansas
7
Habitual offender*
rd
3 or subsequent felony,
sentence for current conviction;
max=3x presumptive sentence,
additional may not exceed 30
yrs.
LWOP
]
Life, parole
possible after
25 yrs.
nd
2 felony, sentenced for next
highest degree, no probation or
rd
conditional discharge. 3 or
more, not less than 20 nor more
than life, 10 yrs served w/o
parole.
nd
2 felony, not less than ½ max
rd
term. 3 not less than 2/3 max.
rd
th
3 serious felony or 4 or
subsequent, LWOP.
No minimum,
maximum varies
according to crime.
5 or maximum
sentence for crime
where used.
$0-50,000 or twice
pecuniary gain.
$100,000 for
organizations.
~
1-4. Sentencing
class for crime one
class higher than
normal
$500 minimum,
maximum varies.
5 – no parole.
4 crime of violence, life no
rd
parole; 3 offense, 25 yrs w/o
parole.
1.5 to
death
3
Massachusetts
0 to life
2.5
No minimum,
maximum varies
according to crime.
1
Michigan
1 to life
<1
$0-10,000 for any
indictable common
law offense. Other
limits vary with
offense.
2 – 1 offense;
nd
5 – 2 offense; 10
rd
– 3 or more
offense.
Minnesota
1 to life
<90 days; 1 $0-50,000 and $72
surcharge.
for gross
misdemeanors
Mississippi
1 to death
1
Missouri
1 to death
Montana
Nebraska
Note
]
Life w/o parole
for 25 yrs, life or
a term of years
not less than
20.
]
]
Or any term of
yrs not less
than 25.
th
]
Life=25 yrs.
3 felony punished by
maximum term provided by law
for the felony for which he is to
be sentenced.
rd
]
Life=15 yrs.
nd
st
Max sentence: 1.5 times for 2 ;
rd
2 times for 3 .
]
Life=15 yrs.
3 – 1 offense; 5 –
nd
2 or subsequent
offense.
st
Enhanced sentences for
dangerous repeat offenders.
]
Life=30 yrs.
No minimum;
maximum varies
according to crime.
3 for robbery.
2 or subsequent violent
rd
offense=LWOP; 3 offenders
sentenced to maximum
possible term.
]
Only for
Habitual
Offenders.
1
$0-5,000 (10,000 for
corporations) or twice
gain; not more than
$20,000.
3 additional – 1
offense; 5
nd
additional – 2
offense; 10
rd
additional – 3
offense or more.
st
Up to 30 yrs. Extended terms
for persistent offenders
convicted of 2 or more felonies
committed at different times.
]
1 to death
1
$0-50,000
2 additional – 1
offense; 4
nd
additional – 2
offense.
st
If 21 or older, 5 yrs for 2 or
subsequent offense, 10 yrs if
prior was within past 5 yrs
0 to death
1
$0-25,000
1
242 State Court Organization, 2004
nd
nd
rd
3 offense =10 yrs. 25 years
for violent felonies. 60 years
maximum.
]
9
LWOP , life or a
term of years
not less than 10
nor more than
100.
Life,
indeterminate
sentencing.
Table 43. Sentencing Statutes: Key Definitions and Provisions for Sentence Enhancement
Legend: MM=Mandatory minimum sentence; LWOP=Life without parole; ~=Not applicable; ]=Yes
Sentences (years)
Felony
Misdemeanor
range
maximum
1 to death
.5 gross
misdemeanor;
1 otherwise
Nevada
New Hampshire
11
1 to
10
death
1
st
Most serious
non-capital sentence
Felony fine range
$0-10,000 unless
greater provided by
statute (i.e., up to
$500,000 for drug
trafficking).
$0-4,000 (100,000 for
corporations).
st
.5 for
$0-200,000 for 1
“offenses”; 3-5 degree; $0-150,000
rd
nd
– 3 degree; for 2 degree “crime.”
th
up to 1.5 – 4
12
degree
New Jersey
5 to life 1
nd
and 2
degree
“crime” –
death
possible
for capital
murder.
New Mexico
1 to death
364 days
New York
1 to death
Deadly weapon
use – MM (years)
2 times the
sentence of
underlying crime.
Habitual offender*
rd
For 3 felony, 5 to 20 years or
10 to life w/o possibility of
parole.
LWOP
]
st
]
3 – 1 offense;
nd
6 – 2 offense.
1/3 or ½ of
sentence or 3 yrs
whichever is
greater.
May be sentenced to extended
term of imprisonment.
st
Note
LWOP or life
w/o parole for
20 yrs.
Life w/o
eligibility of
parole.
30 yrs to life, no
parole for 30
yrs.
nd
]
$0-15,000
Additional 1 yr for 2 offense; 4
1 additional – 1
rd
offense; 3
yrs additional for 3 ; 8 yrs for
nd
rd
additional – 2 or 3 or subsequent.
subsequent; life –
rd
3 violent felony or
nd
2 violent sexual
offense.
1
$0-5,000 (10,000 for
corporations) or twice
gain +$155
13
surcharge.
~
3 violent felony=20, 16, or 12
rd
yr minimums; 3 felony may be
sentenced as a higher severity.
]
.25 to
death
150 days
Fine set at the
discretion of the court
unless the statute
specifies.
5
3 prior felony convictions,
increase in sentence to Class C
felony unless convicted of A-B
felony. 2 prior violent felonies
LWOP.
]
North Dakota
0 to LWOP
1
$0-10,000 ($50,000
for organizations)+
crime stoppers
14
reward.
LWOP for Class A; 20 yrs for B;
4 – Class A or B
felony; 2 – Class C 10 yrs for C; Habitual
offenders=2 previous felony
+ no parole.
convictions.
]
Ohio
1 to death
1
3-6 additional term. Additional 1-10 yrs.
Drug cases
mandatory fines start
15
at $1,500. Otherwise
$0-25,000.
Oklahoma
1 to death
1
$0-10,000
Increase by 2
sentencing levels
on sentencing
matrices.
If subsequent felony occurs
within 10 yrs of last, increase 16 levels on sentencing matrices
for each prior depending on
type of offense.
]
LWOP or life –
for parole
purposes only,
life is
considered 45
yrs.
Oregon
1 to death
1
$0-375,000 or double
the amount of gain
($50,000 for
16
corporations).
5 – 1 ; 10 – 2 ; 30 The maximum indeterminate
rd
17
– 3 offense.
sentence of imprisonment for a
“Dangerous Offender” is 30 yrs.
]
Life=30 yrs
minimum.
Pennsylvania
0 to death
5
Minimum and
maximum varies
according to crime.
$0-500,000.
5
10 yrs for 2 offense, 25 yrs or
rd
life for 3 violent offense.
.5-99
.5 or $500 or
both
$0-5,000
Maximum penalty
for the crime.
Carrying firearm:
1-5.
2 conviction, penalty
increased again by half;
aggravated recidivism, 20 yrs.
North Carolina
Puerto Rico
rd
st
nd
nd
nd
Life=No parole
for 30 yrs.
]
]
99 yrs w/o
eligibility for
parole for 25
yrs.
The sentencing context 243
Table 43. Sentencing Statutes: Key Definitions and Provisions for Sentence Enhancement
Legend: MM=Mandatory minimum sentence; LWOP=Life without parole; ~=Not applicable; ]=Yes
Rhode Island
South Carolina
Sentences (years)
Felony
Misdemeanor
range
maximum
Felony fine range
18
1 to LWOP
1
$1,000-50,000
.25 to
death
0
No minimum,
maximum varies
according to crime.
Most serious
non-capital sentence
Deadly weapon
use – MM (years) Habitual offender*
st
nd
rd
3 – 1 ; 10 – 2 ; 15 3 or subsequent offense may
rd
– 3 offense
be sentenced to additional term
not exceeding 25 yrs.
5
Add 1-5 yrs for any subsequent
conviction depending on length
of time since last conviction.
nd
LWOP for 2 conviction (if
previous conviction was “most
rd
serious”) or for 3 conviction (if
previous convictions were
“serious” offenses).
st
nd
nd
LWOP
]
South Dakota
0 to death
1 or $1,000 or $0-25,000
both
5 – 1 ; 10 – 2 or
subsequent
offenses.
2 or subsequent felony,
sentence enhanced by
changing class to next most
severe.
]
Tennessee
1 to death
11 months 29 $0-50,000 (350,000
19
days
for corporations).
~
Repeat violent offenders (2
prior violent offense
convictions)=LWOP; multiple
offenders=increase in
sentencing range; career
offenders=maximum sentence.
]
Texas
.5 to death
1
$0-10,000 (20,000 for ~
corporations; 50,000
for corporations if
serious bodily injury or
death).
2 felony, 15 to 99 yrs, if 1
nd
rd
degree felony; for 2 or 3
degree felony, increase
sentence to next degree. Life if
nd
2 sexual offense conviction.
Utah
0 to death
1
$0-10,000 (20,000 for
corporations) or twice
damages.
Not less than 5.
Additional 3 yr term for each
prior felony sex offense, LWOP
rd
for 3 conviction. Violent
habitual offender=2 previous
convictions of a violent felony.
st
Increases sentence to that of 1
nd
rd
degree felony for 2 or 3
st
degree felony; for 1 degree
felony, penalty is the same but
no chance for parole.
Vermont
2 to life
2
$0-10,000
~
4 felony may be sentenced to
20
rd
life or LWOP or 3 felony for
crimes of violence.
]
Virginia
1 to death
1
$0-100,000
3 – 1 offense;
nd
5 – 2 or
subsequent.
2 previous convictions for acts
of violence=LWOP.
]
Washington
1 to death
West Virginia
1 to LWOP
1
Wisconsin
0 to life
.75
Wyoming
1 to death
1
$0-50,000
1 – gross
misdemeanor;
90 days for
misdemeanor.
244 State Court Organization, 2004
nd
st
th
st
Additional range .5 Mandatory prison sentence.
to 5 depending on
weapon.
Note
]
LWOP (no less
than 25 full
calendar yrs).
Life, no parole
for 40 yrs.
]
]
nd
No minimum;
maximum varies
according to crime.
Armed felon not
eligible for
probation.
2 felony, maximum increased
rd
by 5 yrs. 3 or subsequent,
nd
must be sentences to life. 2
conviction for petit larceny a
felony (1 yr).
Life,
indeterminate
sentencing
(with eligibility
for parole).
$10-100,000
Up to 5.
Max may be increased 2, 4, 6
yrs. Repeater if convicted of a
felony during 5 yr period
preceding crime or for
misdemeanors on 3 separate
occasions during the same
period.
Life
$500 minimum;
maximum varies.
Additional time: 10
st
– 1 offense; 20 –
nd
2 offense.
If convicted of violent felony, 10
rd
rd
yrs for 3 offense; life for 3 or
subsequent.
]
Table 43. Sentencing Statutes: Key Definitions and Provisions for Sentence Enhancement
*Where habitual offender statutes are especially complex, only the minimum sentence for the maximum class of offense is stated.
DEFINITION:
Life: Listed here for capital offenses is the “minimum maximum” (short of death); usually “life” does not mean that the inmate will die incarcerated
and often “Life without parole” does not mean the same as “life without the possibility of parole.”
FOOTNOTES:
California:
1
Felony minimums; state does not divide felonies into classes and some crimes
may be either felonies or misdemeanors with prison or less than 1 year in county
jail as options.
2
Fines vary by offense circumstances. For example, a 2nd or subsequent
money laundering offense carries a maximum fine of $500,000 or 5 times amount
gained.
Connecticut:
The court can impose an alternative fine, where the defendant has gained
money or property through the commission of any felony, misdemeanor or
violation, up to an amount fixed by the court, which cannot exceed double the
amount of the defendant's gain.
3
Hawaii:
Indeterminate sentencing is used; there is no definite sentence distinction
between felony and misdemeanor. Minimum sentence, even in "life without
parole," is determined by paroling authority. HRS 706-656 (1) requires
sentencing judge to order director of Public Safety and Parking Authority to
prepare an application for the governor to commute a LWOP sentence to life
imprisonment with parole after 20 years.
5
Hawaii does not have a “habitual“ offender statute. Criteria for “persistent”
offender include “previously convicted of two felonies committed at different
times” HRS 706-622 (1). Criteria for “multiple” offender include “being sentenced
for two or more felonies” HRS 706-662 (4).
4
New Hampshire:
One hundred-fifty days are added to each year of a sentence; these days may
be subtracted for good behavior at rates of 12 1/2 days for each month of good
behavior.
10
New Jersey:
11
Crimes are classified as “crimes” (1st, 2nd, 3rd & 4th degree) and “offenses”
(lesser degree of severity).
12 rd
3 degree “crimes” include “high misdemeanors”; 4th degree crimes include
“misdemeanors.”
New York:
13
Fine amounts include $155 mandatory surcharge of which $5 is for victim
assistance. Maximum may be up to $100,000 if for drug trafficking crimes.
North Dakota:
Convicted felons must also repay awards paid by "crimestoppers" program.
Reparations may also include treatment costs for sex offender victims.
14
Ohio:
In drug cases the maximum fine may be $25,000. Certain crimes require
convicted felon to reimburse agencies for their investigation and prosecution
costs.
15
Oregon:
Up to $500,000 for murder and aggravated murder.
Enhanced penalty for use of firearm doubles to 10 and 20 years, respectively, if
the firearm is a machine gun, short-barreled rifle or shotgun, or has a silencer.
16
Iowa:
6
First felony offense for certain controlled substances, court may sentence less
than mandatory minimum if mitigating circumstances exist.
17
Louisiana:
In Louisiana, the distinction between a felony and a misdemeanor is not based
on the length of the sentence. Felonies are defined as any crime that is
punishable by death or imprisonment at hard labor. Misdemeanors are any other
crimes.
18
7
Maine:
Criminal code does not use felony, misdemeanor terminology. Crimes are
classed as murder or A - E crimes.
8
Rhode Island:
Fines vary, e.g., money laundering is $500,000 or 2 times value, in bribery, fine
is up to three times gift amount.
Tennessee:
In drug cases the mandatory minimum felony fine is $1,000 up to a maximum
of $500,000.
19
Vermont:
Governor has the power to commute a life without parole sentence to a term of
years.
20
Montana:
9
Court may impose restriction that defendant be ineligible for parole. The court
must state the reasons for this in writing as part of the judgment. Life without
parole may be applied to any felony, not just habitual offenders or 1st degree
murder.
The sentencing context 245
Table 44. Jurisdiction for Adjudication and Sentencing of Felony Cases
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; N/S=Not stated; ~=Not applicable; ]=Yes
Note: Only those courts with felony jurisdiction are included in this table.
Does the court have jurisdiction for:
Preliminary hearings
Available
Alabama
GJ Circuit
LJ District
Guilty pleas
Reduced to Felony
Prohibited misdemeanor cases
1
]
Can felonies in this court be:
Filed
Dismissed
Sentenced
2
Can sentence be
altered after it
begins?
Trial
Appellate
judge
judge
3
]
3
]
]
]
~
~
]
]
]
]
]
]
1
]
]
]
]
]
]
]
]
]
]
Alaska
GJ Superior
LJ District
]
]
]
]
Arizona
GJ Superior
LJ Justice of the Peace
]
]
]
]
Arkansas
GJ Circuit
LJ District
LJ City
]
]
]
]
]
]
]
]
]
]
]
]
]
6
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
California
GJ Superior
Colorado
GJ District
GJ Denver Juvenile
LJ County
Connecticut
GJ Superior
Delaware
GJ Superior
LJ Justice of the Peace
LJ Family
LJ Common Pleas
LJ Alderman’s
District of Columbia
GJ Superior
Florida
GJ Circuit
LJ County
Georgia
GJ Superior
LJ Civil
LJ State
LJ Magistrate
LJ County Recorder’s
LJ Municipal/City of Atlanta
]
N/S
]
8
N/S
N/S
N/S
N/S
N/S
]
]
]
]
]
]
]
]
]
5
5
]
]
]
]
]
]
]
]
]
]
4
~
]
]
~
~
~
~
~
]
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
N/S
~
]
]
]
9
]
9
]
]
]
]
]
]
]
]
Idaho
GJ District
LJ Magistrate’s Division
]
Illinois
GJ Circuit
]
9
9
9
]
]
]
]
]
]
]
10
11
]
7
~
~
~
~
]
N/S
]
~
]
]
]
246 State Court Organization, 2004
N/S
N/S
N/S
N/S
N/S
]
Hawaii
GJ Circuit
LJ District
Indiana
GJ Superior and Circuit
LJ County
N/S
]
~
]
~
~
~
~
~
~
~
~
~
~
]
~
]
~
]
]
]
]
]
]
]
]
]
~
]
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
Table 44. Jurisdiction for Adjudication and Sentencing of Felony Cases
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; N/S=Not stated; ~=Not applicable; ] =Yes
Note: Only those courts with felony jurisdiction are included in this table.
Does the court have jurisdiction for:
Preliminary hearings
Available
Guilty pleas
Reduced to Felony
Prohibited misdemeanor cases
Can felonies in this court be:
Can sentence be
altered after it
begins?
Trial
Appellate
judge
judge
Filed
Dismissed
Sentenced
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
Louisiana
GJ District
]
]
]
]
]
]
]
]
Maine
GJ Superior
GJ District
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
~
~
Iowa
GJ District
]
]
Kansas
GJ District
]
Kentucky
GJ Circuit
LJ District
Maryland
GJ Circuit
LJ District
]
12
]
13
]
13
14
Massachusetts
GJ Superior
LJ District
LJ Juvenile
LJ Housing
LJ Boston Municipal
Michigan
GJ Circuit
LJ District
LJ Municipal
Minnesota
GJ District
Mississippi
GJ Circuit
LJ County
LJ Municipal
Missouri
GJ Circuit
Montana
GJ District
LJ Justice of the Peace
]
]
]
]
]
]
15
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
N/S
~
N/S
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
N/S
N/S
N/S
N/S
N/S
N/S
]
]
]
]
]
N/S
N/S
Nebraska
GJ District
LJ County
]
]
]
]
Nevada
GJ District
LJ Justice
N/S
]
New Hampshire
GJ Superior
LJ District
]
New Jersey
GJ Superior
LJ Municipal
]
19
N/S
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
20
]
]
]
]
~
]
17
]
~
16
~
]
18
~
21
~
]
~
]
]
~
~
The sentencing context 247
Table 44. Jurisdiction for Adjudication and Sentencing of Felony Cases
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; N/S=Not stated; ~=Not applicable; ]=Yes
Note: Only those courts with felony jurisdiction are included in this table.
Does the court have jurisdiction for:
Preliminary hearings
Available
New Mexico
GJ District
LJ Magistrate
LJ Metropolitan/Bernalillo County
New York
GJ Supreme
GJ County
LJ District
LJ City
LJ NYC Criminal
LJ Town & Village Justice
North Carolina
GJ Superior
LJ District
North Dakota
GJ District
Guilty pleas
Reduced to Felony
Prohibited misdemeanor cases
Sentenced
]
]
]
]
]
]
]
]
]
]
]
N/S
N/S
N/S
N/S
N/S
N/S
]
22
~
~
~
~
]
]
]
]
]
23
24
]
]
]
]
]
23
24
]
]
]
]
]
]
]
]
]
]
]
]
~
~
~
~
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
~
~
~
~
N/S
N/S
N/S
Oklahoma
GJ District
N/S
N/S
25
]
]
~
~
~
~
]
N/S
N/S
N/S
Pennsylvania
GJ Common Pleas
LJ Philadelphia Municipal
LJ Magisterial District Judges
Dismissed
]
N/S
N/S
N/S
N/S
N/S
N/S
]
Filed
]
Ohio
GJ Common Pleas
LJ Municipal
LJ County
Oregon
GJ Circuit
LJ Justice
Can felonies in this court be:
Can sentence be
altered after it
begins?
Trial
Appellate
judge
judge
]
~
26
]
]
]
]
]
]
27
]
]
]
]
]
]
]
]
]
]
28
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
30
29
~
]
~
~
]
~
~
~
~
]
]
]
Puerto Rico
GJ First Instance
]
]
]
Rhode Island
GJ Superior
LJ District
31
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
South Carolina
GJ Circuit
]
]
]
]
]
]
]
]
South Dakota
GJ Circuit
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
N/S
N/S
Tennessee
GJ Circuit
GJ Criminal
Texas
GJ District
LJ County-level
Utah
GJ District
LJ Justice
LJ Juvenile
Vermont
GJ Superior
GJ District
248 State Court Organization, 2004
N/S
N/S
N/S
N/S
32
33
]
]
]
]
]
]
]
]
Some
Some
Some
Some
Some
]
]
]
]
N/S
]
]
]
]
N/S
]
]
]
]
]
N/S
N/S
]
]
]
]
]
]
]
]
N/S
N/S
34
~
~
]
]
~
~
]
N/S
N/S
Table 44. Jurisdiction for Adjudication and Sentencing of Felony Cases
Legend: GJ=General jurisdiction; LJ=Limited jurisdiction; N/S=Not stated; ~=Not applicable; ] =Yes
Note: Only those courts with felony jurisdiction are included in this table.
Does the court have jurisdiction for:
Preliminary hearings
Available
Virginia
GJ Circuit
LJ District
Washington
GJ Superior
LJ District
West Virginia
GJ Circuit
LJ Magistrate
Guilty pleas
Reduced to Felony
Prohibited misdemeanor cases
Filed
Dismissed
Sentenced
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
]
37
]
]
]
]
]
N/S
]
Can felonies in this court be:
36
N/S
]
38
]
37
]
]
]
]
37
]
Can sentence be
altered after it
begins?
Trial
Appellate
judge
judge
]
35
]
~
~
]
~
]
Wisconsin
GJ Circuit
]
]
]
]
]
]
]
Wyoming
GJ District
LJ Circuit
]
]
]
]
]
]
]
]
]
]
]
~
~
~
FOOTNOTES:
Alabama:
1
The District Court has exclusive original jurisdiction to hold preliminary hearings
and concurrent jurisdiction with the Circuit Court to receive guilty pleas.
2
Felony cases can be filed in the Circuit Court after indictment.
3
If sentenced pursuant to Alabama’s split sentence law.
Arizona:
4
The trial judge may alter a Superior Court felony sentence only in limited
circumstances.
5
Felony preliminary hearing cases can be filed and dismissed in the Justice of
the Peace court.
California:
6
The trial judge may alter a felony sentence, but only for a limited time.
7
The appellate judge may alter a felony sentence if it is found to be unlawful on
appeal.
Connecticut:
Preliminary hearing cases are available in the Superior Court subsequent to
arraignment.
8
Georgia:
9
Only courts acting as committal court.
Hawaii:
For preliminary hearing.
11
If they can find no probable cause.
10
Kansas:
A statutory procedure is provided in lieu of habeas corpus, which begins in the
trial court that imposed the sentence.
12
Maine:
The trial judge may alter a felony sentence within one year after it begins.
13
Massachusetts:
14
A felony is a crime punishable by imprisonment in a state prison; all other
crimes are misdemeanors. Some courts, District Court and Boston Municipal
Court, can try felonies punishable by up to 5 years in prison, but can only
sentence to 2 ½ years in jail. Most major felonies are tried in the Superior Court
but it is possible to try limited classes of felonies in the Juvenile Courts or
Housing Courts.
15
The appellate judge may reduce a sentence after it begins.
Nevada:
16
The trial judge may alter a District Court felony sentence upon petition by the
parole board.
17
Preliminary hearings are conducted only in Justice Court.
New Hampshire:
The review board may alter a Superior Court felony sentence; the trial judge
may not.
18
New Jersey:
A finding of probable case may occur in the Superior Court, but it is rare.
Most felony cases are filed initially in the Municipal Court.
21
The trial judge may alter a Superior Court felony sentence within 75 days after
it begins.
19
20
New Mexico:
22
The trial judge may alter a District Court felony sentence within 90 days after it
begins.
New York:
23
Trial judges may alter felony sentences if they are illegal, unauthorized, or
invalid.
24
Appellate judges can only remand to the trial courts.
North Carolina:
25
Under G.S. 7A-272 of the N.C. General Status: With the consent of the
presiding District Court judge, the prosecutor, and the defendant, the District
Court has jurisdiction to accept a defendant’s plea of guilty or no contest to a
Class H or I felony if: (1) the defendant is charged with a felony in an information
filed pursuant to G.S. I5A-644.1, the felony is pending in District Court, and the
defendant has not been indicted for the offense; or (2) the defendant has been
indicted for a criminal offense but the defendant’s case is transferred from
Superior Court to District Court pursuant to G.S. I5A-1029.
North Dakota:
26
The trial judge may alter a District Court felony sentence within 120 days after
it begins or at any time if the sentence is illegal.
Oklahoma:
27
The trial judge may alter a District Court felony sentence within 12 months after
it begins.
Oregon:
28
The trial judge may alter a Circuit Court felony sentence in order to correct
certain errors.
Pennsylvania:
29
Philadelphia Municipal Court may accept guilty pleas for felony cases with a
maximum five-year sentence.
30
Magisterial District Court may accept guilty pleas for felony cases that are
reduced to misdemeanors with limited exceptions.
The sentencing context 249
Table 44. Jurisdiction for Adjudication and Sentencing of Felony Cases
Rhode Island:
31
Superior Court may determine probable cause.
32
District Court can take a felony plea by agreement of counsel. No jury trials.
South Dakota:
33
The trial judge may alter a Circuit Court felony sentence within one year after it
begins.
Vermont:
34
Superior Court is authorized to accept the filing of felony cases, but it is rare.
250 State Court Organization, 2004
Virginia:
35
May convert death penalty to life imprisonment.
36
When treated as adults, no preliminary hearing available.
Washington:
37
Except for Title 75.
West Virginia:
If not bound over to Circuit Court.
38
Table 45. Sentencing Procedures in Capital and Non-Capital Felony Cases
Legend: LWOP=Life without parole; ~=Not applicable; ]=Yes
Capital felony cases
Original
sentence set by:
Non-Capital felony cases
Unanimous LWOP if no Judge can
alter jury
jury
jury
agreement sentence
required
Alabama
Judge with jury
recommendation
1
Alaska
No death penalty
~
Arizona
Jury
]
Jury
]
]
California
Jury
]
]
]
Colorado
Jury
]
]
]
Connecticut
Jury
]
]
Delaware
Judge with jury
recommendation
]
District of
Columbia
No death penalty
~
Florida
Judge with jury
recommendation
Georgia
Judge with jury
6
recommendation
Hawaii
No death penalty
~
Jury
]
Jury, if waived
then judge
Indiana
Arkansas
2
~
Applicable code
provisions
Original
sentence set by:
Judge can Separate
alter jury sentencing
hearing?
sentence
]
ALA. Code §§ 13A5-4613A-347 (2003)
Judge
~
]
~
~
Judge
~
]
ARIZ. REV. STAT. § 13703.01 (Michie 2002)
Judge
~
]
ARK. CODE ANN. § 5-4603 (Michie 1987-2003)
Judge or jury
]
]
3
CAL. PENAL CODE §
190.1 – 190.4 (West
2003)
Judge
~
]
4
COLO. REV. STAT. § 181.3-1201 (2003)
Judge
~
]
CONN. GEN. STAT. ANN. § Judge
53a-46a (West 2003)
~
]
]
DEL. CODE ANN. tit. 11 §
4209 amended effective
June 30, 2003
Judge
~
]
~
~
Judge
~
]
]
FLA. STAT. ANN. §
921.141 (West 2003)
Judge
~
]
GA. CODE ANN. §§ 1710-2 – 17-10-31 (2003)
Judge
~
]
~
Judge
~
]
2003 Idaho Sess. Laws
19 (amending IDAHO
CODE § 19-2515 (Michie
1948-2002))
Judge
~
]
]
720 ILL. COMP. STAT.
ANN. 5/9-1 (West 2003)
Judge
~
]
Jury
]
IND. CODE ANN. § 35-502-9 (West 2003)
Judge or jury
]
]
Iowa
No death penalty
~
~
~
Judge
~
]
Kansas
Jury
]
]
KAN. STAT. ANN. § 214624 (2002)
Judge
~
]
Kentucky
Judge with jury
recommendation
]
]
Jury
KY. REV STAT ANN. §
532.025 (Banks-Baldwin
2003)
]
]
Louisiana
Jury
]
]
]
Maine
No death penalty
~
~
~
Maryland
Jury
]
Massachusetts
No death penalty
~
~
Michigan
No death penalty
~
Minnesota
No death penalty
Mississippi
Jury
Idaho
Illinois
9
~
]
]
~
6
~
8
]
~
11
10
5
7
12
LA. CODE CRIM. PROC.
ANN. arts. 905 – 905.9
(West 2003)
Judge
~
]
~
Judge
~
]
MD. CODE ANN., CRIM.
LAW § 2-303 (2003)
Judge
~
]
~
~
Judge
~
]
~
~
~
Judge
~
]
~
~
~
~
Judge
~
]
]
]
Judge
MISS. CODE ANN., § 973-21 & § 99-19-101 & 103 (Rev. 2000); § 47-73 (1)(f) (Supp. 2003)
~
]
13
14
15
The sentencing context 251
Table 45. Sentencing Procedures in Capital and Non-Capital Felony Cases
Legend: LWOP=Life without parole; ~=Not applicable; ]=Yes
Capital felony cases
Missouri
Original
sentence set by:
Jury
Non-Capital felony cases
Unanimous LWOP if no Judge can
alter jury
jury
jury
agreement sentence
required
]
]
Applicable code
provisions
MO. REV. STAT. §
565.030 (2002)
Original
sentence set by:
Jury
Judge can Separate
alter jury sentencing
hearing?
sentence
]
]
16
Montana
Judge with jury
17
input
]
]
MONT. CODE ANN. § 4618-301 (2002)
Judge
~
]
Nebraska
3 judge panel if
jury determines 1
or more
aggravators
]
~
NEB. REV. STAT. ANN. §§ Judge
29-2520 – 29-2521
(Michie 2003)
~
]
Nevada
Jury
]
NEV. REV. STAT. 175.552 Judge
– 175.556 (2003)
~
]
New Hampshire Jury
]
]
N.H. REV. STAT ANN. §
630:5 (2003)
Judge
~
]
New Jersey
Jury
]
]
N.J. STAT. ANN. § 2C:11- Judge
3 (West 2003)
~
]
New Mexico
Jury
]
N.M. STAT. ANN. §§ 3120A-1 – 31-20a (2003)
Judge
~
]
New York
Jury
]
N.Y. CRIM. PROC. LAW § Judge
400.27 (McKinney 2003)
~
]
North Carolina
Jury
]
N.C. GEN. STAT. § 15A2000 (2003)
Judge
~
]
North Dakota
No death penalty
~
~
Judge
~
]
Ohio
Judge with jury
recommendation
]
]
OHIO REV. CODE ANN. §
2929.03 (West 2003)
Judge
~
]
Oklahoma
Jury
]
]
OKLA. STAT. ANN. tit. 21
§§ 701.10 – 701.11
(West 2003)
Judge
Oregon
Jury
]
OR. REV. STAT. §
163.150 (2003)
Judge
~
]
Pennsylvania
Judge or jury
]
]
42 PA. CONS. STAT. ANN. Judge
§ 9711 (2003)
~
]
Puerto Rico
No death penalty
~
~
~
~
Judge
~
]
Rhode Island
No death penalty
~
~
~
~
Judge
~
]
S.C. CODE ANN. § 16-320 (Law Co-op. 2002)
Judge
~
S.D. CODIFIED LAWS §
23A-27A-4
(Thomson/West 2004)
Judge
~
]
TENN. CODE ANN. § 3913-204 (2003)
Judge
~
]
TEX. CRIM. PROC. CODE
ANN. § 37.071 (Vernon
2003)
Judge or jury
18
21
~
South Carolina
Jury
]
]
South Dakota
Jury
]
]
Tennessee
Jury
]
Texas
Jury
]
Utah
Jury
]
28
Vermont
No death penalty
~
~
Virginia
Jury
]
Washington
Jury
]
]
West Virginia
No death penalty
~
~
252 State Court Organization, 2004
~
22
25
]
27
19
20
23
]
24
26
]
UTAH CODE ANN. § 76-3- Judge
207 (2002)
~
]
~
~
Judge
~
]
]
VA. CODE ANN. § 19.2264.4 (Michie 2003)
Jury
]
]
WASH. REV. CODE ANN.
10.95.050 – 10.95.080
(West 2003)
Judge
~
]
~
Judge
~
]
~
29
Table 45. Sentencing Procedures in Capital and Non-Capital Felony Cases
Legend: LWOP=Life without parole; ~=Not applicable; ]=Yes
Capital felony cases
Wisconsin
Original
sentence set by:
No death penalty
Wyoming
Jury
Non-Capital felony cases
Unanimous LWOP if no Judge can
alter jury
jury
jury
agreement sentence
required
~
~
~
~
]
30
Applicable code
provisions
WYO. STAT. ANN. § 6-2102 (Lexis Nexis 19772003)
Original
sentence set by:
Judge
Judge
Judge can Separate
alter jury sentencing
hearing?
sentence
]
~
~
]
FOOTNOTES:
Alabama:
1
Jury must be unanimous in guilt phase, but unanimity is not required (10 of 12
jurors) in sentencing recommendation phase.
Arkansas:
2
Jury verdict must contain written findings of certain enumerated aggravating
circumstances.
California:
3
Sentence can only be reduced.
Colorado:
If judge determines jury’s death sentence to be “clearly erroneous,” may
sentence defendant to life imprisonment.
4
District of Columbia
The judge has the discretion to sentence at the time of the verdict.
5
Georgia:
Where there is a trial by jury, the judge may not impose the death sentence
unless the verdict contains at least one statutory aggravating circumstance and a
recommendation that such a sentence be imposed.
7
The judge has the discretion to sentence at the time of the verdict.
Montana:
The jury must unanimously find at least one aggravating factor before the judge
may pronounce a death sentence.
17
Nevada:
Jury decides punishment for first-degree murder whether or not death penalty
is sought.
18
New Hampshire:
The judge has the discretion to sentence at the time of the verdict.
19
New Mexico:
20
The judge has the discretion to sentence at the time of the verdict.
North Carolina:
21
Jury renders a sentence recommendation, and the judge imposes such
sentence.
Ohio:
Upon jury recommendation of death sentence, court must find beyond a
reasonable doubt that aggravating factors outweigh mitigating factors before
imposing sentence.
6
22
Idaho:
Sentence is life without parole if the jury finds aggravating circumstances, but
does not impose the death penalty.
23
Illinois:
9
Sentencing phase is bifurcated into a phase on the existence of statutory
aggravating factors justifying eligibility for the death penalty followed by a
separate phase on whether the penalty will actually be imposed.
24
8
Indiana:
10
If state seeks increased penalty under repeat offender statute, then trial jury
shall reconvene to assess penalty. Otherwise, judge determines sentence.
Louisiana:
11
Can alter downwards under certain circumstances.
12
Unless waived.
Maine:
The judge has the discretion to sentence without a hearing for Class D and E
felonies.
13
Maryland:
The judge has the discretion to sentence at the time of the verdict.
14
Mississippi:
15
The judge has the discretion to sentence at the time of the verdict.
Missouri:
16
See §557.036: Requires separate sentencing except where defendant waives
jury sentencing or defendant is principle offender, persistent offender, dangerous
offender, persistent sexual offender, or predatory sexual offender.
Oklahoma:
A separate sentencing hearing is conducted only if the defendant is a repeat
offender; prior convictions are then taken into account.
Oregon:
The judge has the discretion to sentence at the time of the verdict.
South Carolina:
25
Before pronouncing death sentence, judge must verify that death penalty was
warranted under the evidence of the case and was not a result of prejudice,
passion, or any other arbitrary factor.
South Dakota:
Court may order a separate sentencing hearing, but it is not mandatory.
26
Texas:
Requires a jury determination even when defendant pleads guilty.
27
Utah:
If the jury is unable to agree on death sentence, the court shall instruct the jury
to determine by a ten to two vote whether the penalty of life imprisonment without
parole should be imposed. If the jury is unable to agree on life without parole,
the court will sentence to life imprisonment.
28
West Virginia:
Though the state does not have death penalty, certain offenses are considered
capital felonies and carry penalty of life with or life without mercy (eligibility for
parole). In these cases, the jury determines the sentence, which the judge may
not alter.
29
Wyoming:
30
If the jury is not unanimous on death sentence, then they must decide on
sentence of life without parole. If the jury not unanimous on life without parole,
then judge gives life sentence.
The sentencing context 253
Table 46. Active Sentencing Commissions/Sentencing Guideline Systems
Legend: N/S=Not stated; ~=Not applicable
Note: Only those States with Sentencing commissions/Sentencing guidelines are included in this table.
Sentencing commission characteristics
State/
Commission name
Established Membership
Responsibilities
Sentencing guidelines
Established
Alabama
Sentencing
Commission
2000
16 voting members including the
Chief Justice of the Supreme Court
or another sitting or retired judge,
governor and attorney general or
their designees, 1 district attorney,
2 active or retired circuit judges, 1
active or retired district judge, 1
victim or immediate family member
of a victim of a violent felony,
chairs of House and Senate
Judiciary Committees or their
designees, 1 private criminal
defense attorney, 1 other private
attorney specializing in criminal
law, 1 county commissioner,
commissioner of Department of
Corrections and chair of Board of
Pardons and Parole or their
designees, 1 academic; advisory
council consisting of
representatives from state and
non-state agencies and
organizations; 4-year terms, or
term of public office or position
Review existing sentencing
structure and recommend
changes to the legislature to
create a fair, efficient, and
uniform system of sentencing;
provide accurate information to
parties involved in a criminal
case about the length and nature
of sentence; prevent prison
overcrowding and premature
release of prisoners; provide
judges with flexibility and
meaningful discretion in
sentencing; create a wider array
of sentencing options in
appropriate cases; limit the
discretion of district attorneys in
determining the charge or crime
Arkansas
Sentencing
Commission
1993
9 voting members composed of 3
judges, 2 prosecuting attorneys, 2
public defenders, and 2 private
citizens appointed by the governor
to five-year terms. The chair of the
House Judiciary Committee and
the Senate Judiciary Committee
serve as non-voting members
Evaluate effect of sentencing
laws and make revisions to
sentencing standards
1994
Delaware
Sentencing
Accountability
Commission
1983
11 members including 4 members
of the judiciary appointed by the
Chief Justice; attorney general or
designee; public defender or
designee; commissioner of
corrections; 4 other members-atlarge with knowledge of Delaware
sentencing practices, including 2
appointed by governor, 1 by
president pro tempore of Senate,
and 1 by speaker of the house; 4year terms
Develop and recommend
sentencing guidelines
emphasizing accountability of the
offender to the criminal justice
system and accountability of the
criminal justice system to the
public, and ensuring certainty
and consistency of punishment
commensurate with seriousness
of offense and with due regard
for resource availability and cost
1987
District of Columbia
Sentencing
Commission
1998
N/S
Conduct an annual review of
sentencing data, policies, and
practices in the District of
Columbia; ensure
appropriateness of all felony
sentences; provide for the use of
intermediate sanctions in
appropriate cases; make such
other recommendations
appropriate to enhance the
fairness and effectiveness of
criminal sentencing policies and
practices
2000
254 State Court Organization, 2004
Mandatory
1
Voluntary
]
]
]
N/S
N/S
Table 46. Active Sentencing Commissions/Sentencing Guideline Systems
Legend: N/S=Not stated; ~=Not applicable
Note: Only those States with Sentencing commissions/Sentencing guidelines are included in this table.
Sentencing commission characteristics
State/
Commission name
Kansas
Sentencing
Commission
Established Membership
Responsibilities
1989
17 members including 3 judges, 1 Implement and enforce Kansas
Sentencing Guidelines
representative of the attorney
general, chief court service officer,
1 community corrections
representative, 1 corrections
representative, 1 defense attorney,
1 Parole Board representative, 1
district attorney, 1 public defender,
4 legislators, and 2 members of the
public appointed by the governor
Kentucky
Blue Ribbon
Commission on
Sentencing
2005
N/S
N/S
Louisiana
Sentencing
Commission
1987
19 voting members including 1
house member appointed by
house speaker, chairman of House
Committee on Administration of
Criminal Justice, 1 Senate member
appointed by Senate president,
chairman of Senate Committee on
Judiciary; 2 district attorneys, 2
criminal defense attorneys, 2
sheriffs, 1 Court of Appeal judge, 5
District Court judges, 1 City Court
judge, 1 Supreme Court justice, 1
felony victim or family member of
felony victim, all appointed by
governor subject to Senate
confirmation and serving terms
concurrent with that of governor; 4
nonvoting members
Conduct annual review of state
sentencing structure;
recommend legislation to
achieve a uniform sentencing
policy
Maryland
State Commission on
Criminal Sentencing
Policy
1999
19 members including chairman
appointed by governor; chief judge
of Court of Appeals or designee
who is a judge or former judge of
the Court of Appeals or the Court
of Special Appeals; 1 Circuit Court
judge; 1 District Court judge;
attorney general or designee; 1
state’s attorney; public defender or
designee; 1 criminal defense
attorney; 2 Senate members,
including at least 1 member of
Senate Judicial Proceedings
Committee, appointed by Senate
president; 2 house members,
including at least 1 member of
House Judiciary Committee,
appointed by house speaker;
secretary of Department of Public
Safety and Correctional Services
or designee; 1 representative from
Victims’ Advocacy Group, 1
representative from law
enforcement, 1 expert in criminal
justice or corrections policy, 1
representative of local correctional
facilities, and 2 representatives of
the public, appointed by governor;
staggered 4-year terms
Adopt existing sentencing
guidelines for sentencing within
the limits established by law;
adopt guidelines to identify
defendants appropriate for
participation in corrections
options programs; monitor circuit
court sentencing practice and
adopt changes to the guidelines
consistent with legislative intent;
conduct guidelines training and
orientation for system
participants and other interested
parties; provide formal fiscal and
statistical information on
proposed legislation concerning
sentencing and correctional
practice
Sentencing guidelines
Established
7/1/1993
Mandatory
Voluntary
]
May deviate
with
sufficient
justification
~
~
~
1/1/19922
■
1983
]
The sentencing context 255
Table 46. Active Sentencing Commissions/Sentencing Guideline Systems
Legend: N/S=Not stated; ~=Not applicable
Note: Only those States with Sentencing commissions/Sentencing guidelines are included in this table.
Sentencing commission characteristics
State/
Commission name
Massachusetts
Sentencing
Commission
Established Membership
1994
9 voting members and 6 nonvoting
members including judicial
representatives, attorneys, and law
enforcement officers
Sentencing guidelines
Responsibilities
Established
~
Recommend Guideline system to
legislature and provide other
evaluations of sentencing
efficiency
19 members including legislators,
judges, law enforcement and
corrections officers, and private
citizens
Review, revise and recommend
guidelines to legislature
1998
Chief Justice of the Supreme
Court, 1 Court of Appeals judge, 2
District Court judges appointed by
the Chief Justice, public defender,
county attorney, representatives
from law enforcement and
corrections, and 2 members of the
public chosen by the governor. 4
year terms
Establish guidelines and modify
as necessary
1978
1990
11 including 1 appointment by
speaker of house, 1 by president
pro tem of Senate, 6 by governor
from following: Public Defender
Commission; citizens'
organizations; Board of Probation
and Parole; prosecutors, and
members of state bar. 2 members
appointed by Supreme Court
Establish system of
recommended sentences and
study its implementation
1995
2004
15 members including 2 Senate
members from different political
parties, appointed by Senate
president; 2 general assembly
members from different political
parties appointed by speaker;
attorney general or designee;
commissioner of corrections or
designee; public defender or
designee; Chief Justice or
designee; chairman of state Parole
Board or designee; president of
New Jersey County Prosecutors
Association or representative;
president of New Jersey State Bar
association or representative; 1
public member appointed by
Senate president; 1 public member
appointed by speaker of general
assembly; 2 public members from
different political parties, appointed
by governor; members serve
during their terms of public office or
until the commission expires
Review statutory law pertaining
to criminal sentences and make
recommendations for legislation
to ensure these sentences are
fair and proportionate to other
sentences imposed for criminal
offenses
Michigan
Guidelines Advisory
Committee
1995
Minnesota
Sentencing Guidelines
Commission
1978
Missouri
Sentencing Advisory
Commission
New Jersey
Commission to Review
Criminal Sentencing
256 State Court Organization, 2004
Mandatory
~
Voluntary
~
]
May depart
with reason
]
May depart
from
guidelines
only with
written
justification
~
]
~
~
Table 46. Active Sentencing Commissions/Sentencing Guideline Systems
Legend: N/S=Not stated; ~=Not applicable
Note: Only those States with Sentencing commissions/Sentencing guidelines are included in this table.
Sentencing commission characteristics
State/
Commission name
New Mexico
Sentencing
Commission
Established Membership
2003
23 members including
representatives of all 3 branches of
government and community
organizations
Sentencing guidelines
Responsibilities
Established
~
Advise executive, judicial, and
legislative branches on policy
matters relating to criminal and
juvenile justice; make
recommendations to the
legislature to improve the
criminal and juvenile justice
systems; annually assess,
monitor, and report to the
legislature on the impact of any
enacted sentencing standards
and guidelines on state and local
correctional resources and
programs and the need for
further sentencing reform;
monitor any enacted sentencing
guidelines with respect to
uniformity and proportionality;
conduct research; review
proposed legislation and conduct
impact estimates
Mandatory
~
North Carolina
Sentencing and Policy
Advisory Commission
1990
28 members: Chief Justice
appointee (chair); 1 judge each:
Court of Appeals, Superior Court,
District Court; 3 each: house and
Senate; attorney general; 1 each:
district attorney, defense attorney,
sheriff, police chief, county
commissioner; 1 representative
each: academic, bar, business,
community sentencing,
corrections, Crime Control and
Public Safety Department, Justice
Fellowship Task Force, Parole
Commission, public, Victim
Assistance Network; 1 appointee
each: lieutenant governor,
commission chair.
Revamp sentencing laws by
recommending structured
sentencing policies; develop
comprehensive community
corrections strategy; outline
correctional costs; study
restitution policies, evaluate
sentencing laws and policies,
and availability of sentencing
options; develop corrections
simulation model;
gather/maintain statistical data;
report on recidivism
Adopted
7/1/1993;
effective
1/1/1995
]
Ohio
Criminal Sentencing
Commission
1991
31 members: Chief Justice of
Supreme Court, 1 appellate judge,
3 Municipal or County Court
judges, 6 Court of Common Pleas
judges (3 must be juvenile judges),
superintendent of state highway
patrol, state public defender,
director of youth services, director
of rehabilitation and corrections,
sheriff; 1 county prosecutor; 1
municipal prosecutor, 1 juvenile
prosecutor, 2 defense attorneys, 2
police chiefs, 1 crime victim, 1
state bar member, 1 county
commissioner, 1 mayor, 2
senators; 2 representatives
Recommends/implements
sentencing structure; study
criminal statutes, sentencing
patterns, and correctional study
impact of sentencing structure;
review and advise General
Assembly in implementation/
revision of laws
7/1/1996
]
Oklahoma
Sentencing
Commission
1997
10 members, staggered 5 year
terms: 1 Supreme Court justice; 1
indigent defender; 2 state
representatives (1 Rep & 1 Dem);
2 state senators (1 Rep & 1 Dem);
1 DA; AG; director of state finance;
1 defense attorney is gubernatorial
appointee
Establish sentencing criteria;
classify criminal offenses;
promulgate matrices; long-range
planning/recommendations;
monitor and review criminal
justice and corrections system;
review proposed legislation;
collect and maintain statistical
data
1998
]
Voluntary
~
The sentencing context 257
Table 46. Active Sentencing Commissions/Sentencing Guideline Systems
Legend: N/S=Not stated; ~=Not applicable
Note: Only those States with Sentencing commissions/Sentencing guidelines are included in this table.
Sentencing commission characteristics
State/
Commission name
Oregon
Criminal Justice
Commission
Pennsylvania
Commission on
Sentencing
Established Membership
1985
7 voting members; 1 senator and 1
representative as nonvoting
members: 4-year term. No more
than 4 members from either
political party or geographic region
1978
South Dakota
Corrections
Commission
Utah
Sentencing
Commission
1983
Virginia
Criminal Sentencing
Commission
1994
258 State Court Organization, 2004
Responsibilities
Amends sentencing guidelines,
develops and maintains state
criminal justice policy
Sentencing guidelines
Established
11/1/1989
Mandatory
Voluntary
]
May deviate
for
compelling
reasons
11 members: 2 members of house
and 2 from the Senate, 4 judges of
record chosen by the Chief Justice,
a district attorney, a defense
attorney, and a professor of law or
criminologist chosen by the
governor. 2-year terms
Adopts guidelines for sentencing,
systematically monitors
compliance with guidelines and
mandatory sentencing laws. Also
serves as a clearinghouse for
sentencing practices and in a
consulting capacity to courts and
state agencies. Makes
recommendations to general
assembly on
sentencing/corrections and
studies effectiveness of
sentencing
1982
(Revised
1988)
]
9 members, including 3 appointed
by the governor from industry,
retail, and labor; 2 senators, 1 from
each political party; 2 house
members, 1 from each political
party; 2 appointed by the Chief
Justice of the Supreme Court;
each member serves at the
pleasure of the appointing authority
Assist Department of Corrections
in examining criminal justice
issues and developing initiatives
to address problems in
corrections and the criminal
justice system; undertake a
continuing study of criminal
sanctions in South Dakota, which
shall include a review of current
felonies, felony sentences, and
sentencing options
~
~
27 members: 2 members of house
and Senate, representatives from
corrections, Board of Pardons,
legal defender, attorney general,
sheriff's association, police, a
rehabilitation professional, 2
victim's rights members, a citizen,
3 judges, one appellate, the
director of youth corrections, chair
of Youth Parole Authority, 2
juvenile judges, a juvenile
prosecutor, and juvenile
rehabilitation professional
Develop guidelines and propose
recommendations to Legislature,
Governor, and Judicial Council
about sentencing and release
policies for juveniles and adults;
enhance discretion of judges
while preserving role of Board of
Pardons
7/1/1985
Revised
1988
May deviate
17 members: 6 judges/justices,
attorney general, 1 person
appointed by Chief Justice as
chairperson, 3 people appointed by
the speaker of the house of
delegates, 2 people appointed by
the Senate Committee on
Privileges and Elections, and 4
people appointed by the governor
Develop statewide guidelines;
prepare worksheets to record
reasons for departure; prepare
guidelines for determining
appropriate candidates for
alternative sanctions; develop
risk assessment instrument;
forecasts, study felony statutes
for judge and jury sentencing;
report on work annually to the
General Assembly, Governor,
and Chief Justice
1995
~
]
]
Table 46. Active Sentencing Commissions/Sentencing Guideline Systems
Legend: N/S=Not stated; ~=Not applicable
Note: Only those States with Sentencing commissions/Sentencing guidelines are included in this table.
Sentencing commission characteristics
State/
Commission name
Washington
Sentencing Guidelines
Commission
Wisconsin
Sentencing
Commission
Established Membership
1981
20 members include directors of
corrections and financial
management, chairman of
Indeterminate Sentence Board, 2
prosecuting attorneys, 2 defense
attorneys, 4 Superior Court judges,
4 lay persons, one chief law
enforcement officer, 1 county
elected government official, 1 city
elected government official, 1
administrator of Juvenile Court
Services
2002
21 members representing criminal
justice agencies and groups from
across the state
Sentencing guidelines
Responsibilities
Established Mandatory Voluntary
]
1984
Evaluate state sentencing policy;
recommend changes in
Must
sentencing ranges to state
impose
legislature; study criminal code
within range
and propose changes; serve as
unless a
information center for sentencing
substantial
practices; assume powers/duties
and
of juvenile dispositions standards
compelling
commission; evaluate disposition
reason for
standards; solicit comments and
departure is
make recommendations; report
found.
to governor and legislature on 1)
racial disproportionality in
sentencing; 2) facility capacity;
and 3) recidivism rates
Provides sentencing data and
information to courts,
policymakers, practitioners, and
the public; makes
recommendations about
sentencing policy to all three
branches of state government
2002
3
]
DEFINITION:
Commissions may be either a body that reviews actual individual sentences (review) or a policy-making body that develops and maintains
guidelines for future use (advisory).
FOOTNOTES:
Alabama:
1
The deadline to recommend is either 2006 or 2008 (a revision has passed in
the House, but may not have reached the Senate). Some or all of the guidelines
were recommended in 2004 and passed by the House in 2005, but may not have
reached a vote in the Senate.
Louisiana:
The advisory sentencing guidelines became voluntary in 1995.
2
Wisconsin:
Temporary advisory sentencing guidelines were enacted in 2002.
3
The sentencing context 259
Table 47. Collateral Consequences of a Felony Conviction
Legend: ]=Yes
Public employment
Alabama
Voting
rights
restorable
Barred
]
]
]
Alaska
]
Arizona
Restorable
]
Jury service duty
Forfeited
Restorable
Firearm ownership
Forfeited
Restorable
Sex
offender
registration
]
]
]
For crime
of moral
turpitude
Concealed
weapons
Also habitual
offenders (3
or more
felonies)
]
]
For crime
of moral
turpitude
Concealed
weapons
]
]
Offenses for
which parental
rights are
terminated
Sexual or child
abuse
1
]
]
]
]
]
]
]
]
]
If public
office, other
public
employment
permitted
Arkansas
]
California
For
specified
crimes
]
Colorado
]
Abandonment,
neglect, unfitness
]
Concealed
weapons
]
]
]
]
After 10 yrs
Connecticut
2
Delaware
]
]
]
]
]
If public
office, until
rights
regained
For 7 yrs
Concealed
weapons
]
]
]
]
Abandonment or
neglect
]
Crime involved or
harmed child
If for
conviction
of infamous
crime
District of Columbia
]
]
]
]
]
Concealed
weapons
Florida
]
]
]
]
]
If directly
related to
position of
employment
Georgia
]
]
]
]
]
If felony
involved
moral
turpitude
Hawaii
3
Idaho
Illinois
]
]
]
]
]
]
If public
office
With
exceptions
for specified
crimes
If not
pardoned
]
]
]
]
]
Must be
free of legal
exception
260 State Court Organization, 2004
]
Certain sex
crimes only
]
]
Can petition
after 5 yrs
Certain sex
crimes only
]
]
Sex
offenders
and specified
murderers
Table 47. Collateral Consequences of a Felony Conviction
Legend: ]=Yes
Public employment
Jury service duty
Firearm ownership
Sex
offender
registration
Voting
rights
restorable
Barred
Restorable
Forfeited
Indiana
]
]
]
]
]
Iowa
]
]
]
]
]
Kansas
]
]
]
Restorable
]
Forfeited
]
Restorable
Offenses for
which parental
rights are
terminated
Forfeit for
5 yrs, 10
yrs, or life
]
Kentucky
]
]
]
]
]
Except if
bribery
Louisiana
]
]
]
Abandonment,
neglect, or abuse
If convicted
while in
state
employment
Maine
]
]
]
]
]
Can petition
after 5 yrs
for
concealable
Maryland
]
]
]
]
]
]
]
If fined
over $500
or
sentenced
to 6+
months;
restored
via pardon
Massachusetts
Michigan
Minnesota
]
]
]
]
]
Except for
judicial
branch
employment
For 7 yrs
]
]
]
From Dept.
of
Corrections
While
serving
sentence
After 3-5 yrs
]
]
]
Where
crime
relates to
position
Missouri
Montana
]
]
]
After 10 yrs
]
Mississippi
]
]
]
If infamous
crime
Unless
pardoned
]
]
]
Except
felony
connected
w/ right of
suffrage
Unless
restored to
civil rights
]
]
]
]
Also crimes
against
minors
]
]
If unfit and
convicted of
violent crime
]
Abandonment,
neglect, or abuse
Lifetime
supervision
Nebraska
]
]
Abandonment,
murder,
manslaughter, or
assault of
another child of
the parent
]
]
The sentencing context 261
Table 47. Collateral Consequences of a Felony Conviction
Legend: ]=Yes
Public employment
Voting
rights
restorable
Barred
Nevada
]
]
New Hampshire
]
4
]
New Jersey
]
]
New Mexico
]
Restorable
Jury service duty
Forfeited
Restorable
Firearm ownership
Forfeited
]
]
]
]
]
Restorable
Sex
offender
registration
]
]
]
]
]
]
Abandonment,
neglect, or abuse
]
]
Abandonment,
neglect, or abuse
]
Permanent
neglect
]
Abandonment,
abuse, or neglect
From
elected or
appointed
office
New York
5
]
]
]
Except
public
officials
North Carolina
North Dakota
]
]
Ohio
]
Oklahoma
]
]
]
Except
police or
sheriffs
Not
“qualified”
and subject
to
challenge
for cause
]
]
]
]
Rifles/
shotguns
After 5 yrs
]
6
Also certain
crimes
against
children
]
]
]
]
]
]
After 10 yrs
Also crimes
against
children
]
]
]
]
Abandonment
]
]
Child abuse or
death of a child
]
]
Abuse, neglect,
unfitness,
extreme conduct,
abandonment
]
Abandonment or
neglect
Unless
conviction
expunged
Pennsylvania
]
]
]
]
Unless
subversive
person
]
Puerto Rico
Rhode Island
]
Also child
kidnapping
]
]
]
]
For 3 yrs
South Carolina
]
]
]
Misconduct
]
]
After 2 yrs if
non violent
crime
Also crimes
against
children
]
Tennessee
262 State Court Organization, 2004
Unfitness,
abusive, or
abandonment
]
]
Abandonment,
neglect, or abuse
Elected or
appointed
office
South Dakota
Abandonment or
neglect
]
Except
public
officials
Oregon
Offenses for
which parental
rights are
terminated
]
]
]
]
Murder, sex
offense, crimes
against children
]
]
]
]
Abandonment,
neglect, or
abuse;
incarcerated 10+
yrs & child under
8
Table 47. Collateral Consequences of a Felony Conviction
Legend: ]=Yes
Public employment
Voting
rights
restorable
Texas
Barred
Restorable
]
Jury service duty
Forfeited
Restorable
Firearm ownership
Forfeited
]
Restorable
Sex
offender
registration
]
]
After 5 yrs
]
]
]
Not for
treason,
bribery,
election
fraud
May be
removed
from public
office as
part of
sentence
Unless
conviction
expunged
Vermont
]
]
]
Virginia
]
]
Utah
]
]
]
]
Unfitness
Abandonment or
neglect
]
]
]
Unless
pardoned
Unless
pardoned
Also crimes
against
minors
]
]
]
]
]
Washington
]
Offenses for
which parental
rights are
terminated
Murder, assault,
sexual offenses
causing death or
serious injury to a
child
Except for
public
officials
West Virginia
]
]
]
If perjury
or
infamous
crime
Wisconsin
]
]
]
]
]
7
Wyoming
]
]
]
]
]
Unfitness
FOOTNOTES:
Arizona:
1
Judges may require registration at time of sentencing.
Connecticut:
Exception, civil rights are not impaired for failure to pay support (a felony).
2
Idaho:
Still has “civil death” statutes for felons sentenced to life imprisonment.
However, these laws have been partially abrogated by holdings of appellate
courts that denial of access to courts is a violation of equal protection.
3
New Hampshire:
4
Except bribery, treason, or willful violation of election laws, which require
restoration by Supreme Court.
New York:
Still has “civil death” statutes for felons sentenced to life imprisonment.
However, these laws have been partially abrogated by holdings of appellate
courts that denial of access to courts is a violation of equal protection.
5
North Carolina:
6
Five years from the last of these events: conviction of that felony; unconditional
discharge from prison; or termination of suspended sentence, or parole. No
possession of firearms less than 26 inches in length or weapons of mass
destruction for 10 years after final discharge if convicted of a violent felony
except that any firearm is okay to keep in the home or lawful place of business.
Wisconsin:
May terminate if parent has caused death/injury to a child/children resulting in a
felony conviction or if parent intentionally/recklessly killed other parent.
7
The sentencing context 263
Part VIII: Court Structure Charts
The court structure charts summarize in one-page
diagrams the key features of each State’s court
organization. The format meets two objectives: (1) it is
comprehensive, indicating all court systems in the state
and their interrelationship, and (2) it describes the
jurisdiction of the court systems, using a standard set of
terminology and symbols. The court structure charts
employ the common terminology developed by the
National Center for State Courts’ Court Statistics Project
(CSP) for reporting caseload statistics.
The first chart is a prototype. It represents a state
court organization in which there is one of each of the
four court system levels recognized by the Court
Statistics Project: courts of last resort, intermediate
appellate courts, general jurisdiction trial courts, and
limited jurisdiction trial courts. Routes of appeal from
one court to another are indicated by lines, with an arrow
showing which court receives the appeal or petition.
The charts also provide basic descriptive
information, such as the number of authorized justices,
judges, and magistrates (or other judicial officers). Each
court system’s subject matter jurisdiction is indicated
using the Court Statistics Project case types.
Information is also provided on the use of districts,
circuits, or divisions in organizing the courts within the
system and the number of courts.
CSP Case Types
The State Court Guide to Statistical Reporting
organizes cases into a three-level hierarchy. The first,
and broadest, level is the case category, which consists
of civil, domestic relations, criminal, juvenile, and
traffic/other violations cases. The second level, the case
sub-category, refers to classes of cases within the case
category. For example, tort cases are a sub-category of
civil cases and felony cases are a sub-category of
criminal cases. The third level of the organizational
hierarchy is the case type. The case type is the most
precise descriptor of the case in question. Case types
can further refine the cases within a sub-category (e.g.,
DWI/DUI is a case type within the sub-categories of both
felony and misdemeanor cases) or they can describe a
case within a case category (e.g., adoption is a case
type within the domestic relations case category).
For the purposes of both simplicity and consistency
with previous volumes of this publication, the court
structure charts use the term "case type" to refer to each
court system's subject matter jurisdiction, even if the
jurisdiction listed is actually a case category or a case
sub-category. In most instances, the case category is
listed when the court in question has jurisdiction over all
of the case types within the category. In turn, the case
sub-category is listed when the court has jurisdiction
over all of the case types within the case sub-category.
Case types are listed individually when (1) the case type
does not fall under a case sub-category, (2) the court
has jurisdiction only over that specific case type, or (3)
specific attention is being drawn to the case type (such
as DWI/DUI and domestic violence jurisdiction).
Appellate Courts
The rectangle representing each appellate court
contains information on the number of authorized
justices; the number of geographic divisions, if any;
whether court decisions are made en banc, in panels, or
both; and the Court Statistics Project case types that are
heard by the court.
The case types are shown
separately for mandatory and discretionary cases. The
case types themselves are defined in other Court
Statistics Project publications, specifically the State
Court Guide to Statistical Reporting.
An appellate court can have both mandatory and
discretionary jurisdiction over the same Court Statistics
Project case type. This arises, in part, because the
Court Statistics Project case types are defined broadly to
be applicable to every State’s courts. There are, for
example, only two appellate Court Statistics Project case
types for criminal appeals: capital and noncapital. A
court may have mandatory jurisdiction over felony cases,
but discretionary jurisdiction over misdemeanors. The
list of case types would include “criminal” for both
mandatory and discretionary jurisdiction.
The
duplication of a case type under both headings can also
occur if appeals from one lower court for that case type
are mandatory while appeals from another lower court
are discretionary. Also, statutory provisions or court
rules in some states automatically convert a mandatory
appeal into a discretionary petition—for example, when
an appeal is not filed within a specified time limit. A
more comprehensive description of each appellate
court’s subject matter jurisdiction can be found in
Appellate Court Procedures, 1998.
Trial Courts
The rectangle representing each trial court also lists
the applicable Court Statistics Project case types.
These include civil, domestic relations, criminal,
traffic/other violation, and juvenile. If a case type is
Court structure charts 265
simply listed, the court system shares jurisdiction over it
with other courts. The presence of exclusive jurisdiction
is always explicitly stated.
The absence of a case type from a list means that
the court does not have that subject matter jurisdiction.
The dollar amount jurisdiction is shown when there is an
upper or a lower limit to the cases that can be filed in a
court. A dollar limit is not listed if a court does not have
a minimum or maximum dollar amount jurisdiction for
general civil cases. In criminal cases, jurisdiction is
distinguished between “felony,” which means the court
can try a felony case to verdict and sentencing, and
“preliminary hearings,” which applies to those limited
jurisdiction courts that can conduct preliminary hearings
that bind a defendant over for trial in a higher court.
Trial courts can have what is termed incidental
appellate jurisdiction. The presence of such jurisdiction
over the decisions of other courts is noted in the list of
case types as either “civil appeals,” “criminal appeals,” or
“administrative agency appeals.” A trial court that hears
appeals directly from an administrative agency has an
“A” in the upper-right corner of the rectangle.
For each trial court, the chart states the authorized
number of judges and whether the court can impanel a
jury. The rectangle representing the court also indicates
the number of districts, divisions, or circuits into which
the court system is divided. These subdivisions are
stated using the court system’s own terminology. The
descriptions, therefore, are not standardized across
states or court systems.
Some trial courts are totally funded from local
sources; others receive some form of State funds.
Locally funded court systems are drawn with broken
lines. A solid line indicates that some or all of the
funding is derived from State funds.
266 State Court Organization, 2004
Symbols and Abbreviations
An “A” in the upper-right corner of a rectangle,
representing either an appellate court or a trial court,
indicates that the court receives appeals directly from
the decision of an administrative agency.
If
“administrative agency appeals” is listed as a case type,
the court hears appeals from decisions of another court
on an administrative agency’s actions. It is possible for
a court to have both an “A” designation and to have
“administrative agency appeals” listed as a case type.
Such a court hears appeals directly from an
administrative agency (“A”) and has appellate jurisdiction
over the decision of a lower court that has already
reviewed the decision of the administrative agency.
The number of justices or judges is sometimes
stated as “FTE.” This represents “full-time equivalent”
authorized judicial positions.
“DWI/DUI” stands for
“driving while intoxicated/driving under the influence.”
The dollar amount jurisdiction for civil cases is indicated
in parentheses with a dollar sign. Where the small
claims dollar amount jurisdiction is different, it is noted.
The court structure charts are convenient
summaries. They do not substitute for the detailed
descriptive material contained in the 47 tables of State
Court Organization 2004. Moreover, they are based on
the Court Statistics Project’s terminology and categories.
This means that a state may have established courts
that are not included in these charts. Some states have
courts of special jurisdiction to receive complaints on
matters that are more typically directed to administrative
boards and agencies. Since these courts adjudicate
matters that do not fall within the Court Statistics Project
case types, they are not included in the charts. The
existence of such courts, however, is recognized in a
footnote to the state’s court structure chart.
Finally, the Court Statistics Project updates court
structure charts in its annual State Court Caseload
Statistics series. For current court structure information,
access
http://www.ncsconline.org/D_Research/csp/CSP_Main_
Page.html.
STATE COURT STRUCTURE PROTOTYPE, 2004
COURT OF LAST RESORT
Number of justices
Court of
last resort
CSP case types:
• Mandatory jurisdiction
• Discretionary jurisdiction
INTERMEDIATE APPELLATE COURT
(number of courts)
Number of judges
Intermediate
appellate
court
CSP case types:
• Mandatory jurisdiction
• Discretionary jurisdiction
COURT OF GENERAL JURISDICTION
(number of courts)
Number of judges
CSP case types:
• Civil
• Domestic relations
• Criminal
• Traffic/other violations
• Juvenile
Court of
general
jurisdiction
COURT OF LIMITED JURISDICTION
(number of courts)
Number of judges
CSP case types:
• Civil
• Domestic relations
• Criminal
• Traffic/other violations
• Juvenile
Court of
limited
jurisdiction
Court structure charts 267
ALABAMA COURT STRUCTURE, 2004
SUPREME COURT
9 justices sit in panels of 5 or en banc
CSP case types:
• Mandatory jurisdiction in civil (over $50,000), administrative agency,
disciplinary, original proceeding cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative
agency, juvenile, advisory opinion, original proceeding, interlocutory
decision cases.
COURT OF CIVIL APPEALS
COURT OF CRIMINAL APPEALS
5 judges sit in panels
5 judges sit en banc
CSP case types:
• Mandatory jurisdiction in civil (less than $50,000),
domestic relations, administrative agency, juvenile,
original proceeding cases.
• No discretionary jurisdiction.
CSP case types:
• Mandatory jurisdiction in capital criminal, criminal,
juvenile, original proceeding, interlocutory decision
cases.
• No discretionary jurisdiction.
CIRCUIT COURT (41 circuits)
Court of
last resort
Intermediate
appellate
courts
A
142 judges
CSP case types:
• Tort, contract, real property rights ($3,000/no maximum). Civil appeals
jurisdiction.
• Domestic relations.
• Felony, misdemeanor, DWI/DUI. Exclusive criminal appeals jurisdiction.
• Juvenile.
Court of
general
jurisdiction
Jury trials.
PROBATE COURT (68 courts)
MUNICIPAL COURT (263 courts)
68 judges
315 judges
CSP case types:
• Exclusive mental health, estate
jurisdiction; real property rights.
• Adoption.
CSP case types:
• Misdemeanor, DWI/DUI.
• Moving traffic, parking, miscellaneous traffic.
Exclusive ordinance violation jurisdiction.
No jury trials.
No jury trials.
DISTRICT COURT (67 districts)
102 judges
CSP case types:
• Tort, contract, real property rights ($3,000/10,000). Exclusive small claims jurisdiction ($3,000).
• Interstate support.
• Felony, misdemeanor, DWI/DUI.
• Moving traffic, miscellaneous traffic.
• Juvenile.
• Preliminary hearings.
No jury trials.
Indicates assignment of cases
268 State Court Organization, 2004
Courts of
limited
jurisdiction
ALASKA COURT STRUCTURE, 2004
SUPREME COURT
5 justices sit en banc
Court of
last resort
CSP case types:
• Mandatory jurisdiction in civil and administrative agency cases.
• Discretionary jurisdiction in criminal, juvenile, original proceeding, disciplinary cases,
interlocutory decisions, certified questions from federal courts.
COURT OF APPEALS
3 judges sit en banc
Intermediate
appellate
court
CSP case types:
• Mandatory jurisdiction in criminal, juvenile, original proceeding, interlocutory decision
cases.
• Discretionary jurisdiction in criminal, juvenile, original proceeding, interlocutory decision
cases.
SUPERIOR COURT (16 courts in 4 districts)
A
34 judges, 9 masters
CSP case types:
• Tort, contract. Exclusive real property rights, estate, mental health, administrative agency,
civil appeals, miscellaneous civil jurisdiction.
• Exclusive domestic relations.
• Exclusive felony, criminal appeals jurisdiction.
• Juvenile.
Court of
general
jurisdiction
Jury trials in most cases.
DISTRICT COURT (58 locations in 4 districts)
21 judges, 52 magistrates
CSP case types:
• Tort, contract ($0/$50,000), small claims jurisdiction ($7,500).
• Misdemeanor, DWI/DUI, domestic violence jurisdiction.
• Exclusive traffic/other violation jurisdiction, except for uncontested parking violations (which
are handled administratively).
• Emergency juvenile.
• Preliminary hearings.
Court of limited
jurisdiction
Jury trials in most cases.
Court structure charts 269
ARIZONA COURT STRUCTURE, 2004
SUPREME COURT
5 justices sit en banc
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, disciplinary, certified questions
from federal courts, original proceeding cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile,
original proceeding, interlocutory decision cases, tax appeals
Court of
last resort
COURT OF APPEALS (2 divisions)
22 judges sit in panels
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile, original
proceeding, interlocutory decision cases.
• Discretionary jurisdiction in administrative agency cases.
SUPERIOR COURT (15 counties)
A
Intermediate
appellate
court
TAX COURT
160 judges
Superior court judge serves
CSP case types:
• Tort, contract, real property rights ($5,000 to $10,000/no
maximum), exclusive estate, mental health, appeals,
miscellaneous civil jurisdiction.
• Domestic relations.
• Misdemeanor, miscellaneous criminal. Exclusive felony,
criminal appeals jurisdiction.
• Juvenile.
CSP case types:
• Administrative agency
appeals
Courts of
general
jurisdiction
Jury trials
JUSTICE OF THE PEACE COURT (83 precincts)
MUNICIPAL COURT (81 cities/towns)
83 judges
139 full-time and part-time judges
CSP case types:
• Tort, contract, real property rights ($0/$5,000 to
$10,000). Exclusive small claims jurisdiction
($2,500).
• Misdemeanor, DWI/DUI, domestic violence,
miscellaneous criminal jurisdiction.
• Moving traffic, parking, miscellaneous traffic.
• Preliminary hearings.
CSP case types:
• Misdemeanor, DWI/DUI,
domestic violence .
• Moving traffic, parking,
miscellaneous traffic. Exclusive
ordinance violation jurisdiction.
Jury trials except in small claims
Jury trials
270 State Court Organization, 2004
Courts of limited
jurisdiction
ARKANSAS COURT STRUCTURE, 2004
SUPREME COURT
Court of
last resort
7 justices sit en banc (1 chief justice, 6 associate justices)
CSP case types:
• Mandatory jurisdiction in constitutional interpretation, election, judicial disciplinary, capital criminal, lawyer
disciplinary, certified questions from federal courts, original proceeding cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile cases.
COURT OF APPEALS
A
12 judges sit in panels and en banc (1 chief judge, 11 judges)
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile cases.
• No discretionary jurisdiction.
Intermediate
appellate
court
CIRCUIT COURT (28 circuits)
115 judges
CSP case types:
• Tort, contract, real property rights ($100/no maximum), miscellaneous civil. Exclusive estate, mental
health, civil appeals jurisdiction.
• Exclusive domestic relations.
• Misdemeanor, DWI/DUI, miscellaneous criminal. Exclusive felony, criminal appeals jurisdiction.
• Exclusive juvenile jurisdiction.
Court of
general
jurisdiction
Jury trials.
DISTRICT COURT (128 courts)
CITY COURT (117 courts)
113 judges
97 judges
CSP case types:
• Contract, personal property rights ($0/$5,000),
small claims jurisdiction ($5,000).
• Misdemeanor, DWI/DUI.
• Traffic/other violation.
• Preliminary hearings.
No jury trials.
Note:
CSP case types:
• Contract, real property rights
($0/$5,000).
• Misdemeanor, DWI/DUI.
• Traffic/other violation.
• Preliminary hearings.
Courts of
limited
jurisdiction
No jury trials.
In 2001, Arkansas combined the Chancery and Probate Court with the Circuit Court and reduced the number of limited jurisdiction courts
from six to two by combining the County, Police, Common Pleas, and Justice of the Peace Courts into the Municipal Court which was
renamed and is now the District Court.
Court structure charts 271
CALIFORNIA COURT STRUCTURE, 2004
SUPREME COURT
A
Court of
last resort
7 justices sit en banc
CSP case types:
• Mandatory jurisdiction in capital criminal, disciplinary cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency,
juvenile, original proceeding, interlocutory decision cases.
COURTS OF APPEAL (6 courts/districts)
A
88 justices sit in panels
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile
cases.
• Discretionary jurisdiction in administrative agency, original
proceeding, interlocutory decision cases.
SUPERIOR COURT (58 counties)
Intermediate
appellate court
A
1,498 judges, 417 commissioners and referees
CSP case types:
• Tort, contract, real property rights ($25,000/no maximum), miscellaneous civil.
Exclusive small claims ($5,000), estate, mental health, civil appeals. [Limited
jurisdiction: tort, contract, real property rights (0/$25,000).]
• Exclusive domestic relations.
• Felony, DWI/DUI. Exclusive criminal appeals jurisdiction.
• Exclusive juvenile jurisdiction.
Jury trials except in appeals, domestic relations, and juvenile cases.
272 State Court Organization, 2004
Court of
general
jurisdiction
COLORADO COURT STRUCTURE, 2004
SUPREME COURT
A
Court of
last resort
7 justices sit en banc
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile,
disciplinary, advisory opinion, original proceeding, interlocutory decision cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile, advisory
opinion, original proceeding cases
COURT OF APPEALS
Intermediate
appellate
court
16 judges sit in panels
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile cases.
• No discretionary jurisdiction.
DISTRICT COURT (22 districts) A
132 judges
CSP case types:
• Tort, contract, real property
rights, estate, civil appeals,
mental health, miscellaneous
civil.
• Exclusive domestic relations
jurisdiction.
• Felony, criminal appeals,
miscellaneous criminal.
• Exclusive juvenile jurisdiction
except in Denver.
DENVER PROBATE COURT
DENVER JUVENILE COURT
District court judges serve
District court judges serve
CSP case types:
• Exclusive estate, mental
health jurisdiction in
Denver.
CSP case types:
• Exclusive adoption,
support/custody jurisdiction
in Denver.
• Exclusive juvenile
jurisdiction
in Denver.
Courts of
general
jurisdiction
Jury trials.
Jury trials.
Jury trials except in appeals.
WATER COURT (7 districts)
12 judges
Municipal
Court of
Record
CSP case types:
• Real property rights
COUNTY COURT (64 Counties)
MUNICIPAL COURT
(206 courts)
102 judges
~250 judges
CSP case types:
• Tort, contract, real property rights ($0/$15,000).
Exclusive small claims jurisdiction ($7,500).
• Felony, criminal appeals, Exclusive misdemeanor,
DWI/DUI jurisdiction.
• Moving traffic, miscellaneous traffic.
• Preliminary hearings
Jury trials except in small claims and appeals.
CSP case types:
• Moving traffic, parking,
miscellaneous traffic. Exclusive
ordinance violation justification.
Municipal
Court of
Record
Courts of
limited
jurisdiction
No jury trials.
Court structure charts 273
CONNECTICUT COURT STRUCTURE, 2004
SUPREME COURT
7 justices sit in panels of 5 (membership rotates daily); upon order of chief justice, may sit
en banc
Court of
last resort
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, judge disciplinary cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency cases.
.
APPELLATE COURT
A
10 judges sit in panels of 3 (membership rotates daily, may sit en banc)
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, administrative agency
(workers’ compensation), juvenile, lawyer disciplinary, original proceeding cases.
• Discretionary jurisdiction in administrative agency (zoning only) cases.
SUPERIOR COURT (13 districts and 22 geographical areas for
civil/criminal matters, 14 districts for juvenile matter, and 7 housing
session locations)
Intermediate
appellate
court
A
180 judges
CSP case types:
• Mental health, miscellaneous civil. Exclusive tort, contract, real property rights, small
claims ($2,500), administrative agency appeals (except workers’ compensation).
• Support/custody, paternity, miscellaneous domestic relations. Exclusive marriage
dissolution.
• Exclusive criminal jurisdiction.
• Exclusive traffic/other violation jurisdiction, except for uncontested parking
(which is handled administratively).
• Juvenile jurisdiction.
Court of
general
jurisdiction
Jury trials in most cases.
PROBATE COURT (133 courts)
133 judges
CSP case types:
• Mental health, miscellaneous civil. Exclusive estate jurisdiction.
• Support/custody, paternity, miscellaneous domestic relations. Exclusive adoption
jurisdiction.
• Juvenile jurisdiction.
No jury trials.
274 State Court Organization, 2004
Court of
limited
jurisdiction
DELAWARE COURT STRUCTURE, 2004
SUPREME COURT
Court of
last resort
5 justices sit in panels and en banc
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, disciplinary, advisory opinions for the executive
and legislature, original proceeding cases.
• Discretionary jurisdiction in civil, noncapital criminal, certified questions from federal courts,
interlocutory decision cases.
SUPERIOR COURT (3 counties)
A
19 judges
CSP case types:
• Tort, contract, real property rights, mental health, miscellaneous
civil, civil appeals.
• Exclusive felony jurisdiction. Misdemeanor, criminal appeals,
miscellaneous criminal.
Courts of
general
jurisdiction
Jury trials except in appeals
COURT OF CHANCERY
(3 counties)
COURT OF COMMON PLEAS*
(3 counties)
1 chancellor and 4 vicechancellors
9 judges
CSP case types:
• Tort, contract, real
property rights, mental
health. Exclusive estate
jurisdiction.
No jury trials.
CSP case types:
• Tort, contract, real property rights
($0/$50,000), miscellaneous civil, civil
appeals.
• Misdemeanor, DWI/DUI, criminal
appeals, miscellaneous criminal.
• Preliminary hearings.
Jury trials in some cases.
(No jury trials in New Castle.)
JUSTICE OF THE PEACE COURT* (18 courts)
57 justices of the peace, 1 chief magistrate, and 3 deputy chief
magistrates
CSP case types:
• Tort, contract, real property rights ($0/$15,000), small
claims ($15,000).
• Misdemeanor, DWI/DUI.
• Moving traffic, miscellaneous traffic.
FAMILY COURT (3 counties)
Courts of
limited
jurisdiction
17 judges
CSP case types:
• Exclusive domestic
relations jurisdiction.
• Misdemeanor.
• Moving traffic,
miscellaneous traffic
(juvenile).
• Exclusive juvenile
jurisdiction.
No jury trials
ALDERMAN’S COURT (8 courts)
8 aldermen
CSP case types:
• Misdemeanor, DWI/DUI.
• Traffic/other violation.
No jury trials.
Jury trials in some cases.
* The Municipal Court of Wilmington was eliminated effective May 1, 1998, and a new Justice of the Peace Court was created in Wilmington.
Court structure charts 275
DISTRICT OF COLUMBIA COURT STRUCTURE, 2004
COURT OF APPEALS
A
9 judges sit in panels and en banc
Court of
last resort
CSP case types:
• Mandatory jurisdiction in civil, criminal, administrative agency, juvenile, disciplinary, original proceeding,
interlocutory decision cases.
• Discretionary jurisdiction in small claims, minor criminal, original proceeding cases.
SUPERIOR COURT
A
59 judges
CSP case types:
• Exclusive civil jurisdiction ($5,001/no maximum). Small claims jurisdiction ($5,000).
• Exclusive domestic relations jurisdiction.
• Exclusive criminal jurisdiction.
• Exclusive traffic/other violation jurisdiction, except for most parking cases (which are handled administratively).
• Exclusive juvenile jurisdiction.
• Preliminary hearings.
276 State Court Organization, 2004
Court of
general
jurisdiction
FLORIDA COURT STRUCTURE, 2004
SUPREME COURT
A
7 justices sit en banc
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile,
disciplinary, advisory opinion cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile,
advisory opinion, original proceeding, interlocutory decision cases.
DISTRICT COURTS OF APPEAL (5 courts)
Court of
last resort
A
62 judges sit in 3-judge panels
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile, original
proceeding, interlocutory decision cases.
• Discretionary jurisdiction in civil, noncapital criminal, juvenile, original proceeding,
interlocutory decision cases
Intermediate
appellate
courts
CIRCUIT COURT (20 circuits)
527 judges
CSP case types:
• Tort, contract, real property rights ($15,001/no maximum),
miscellaneous civil. Exclusive mental health, estate, civil appeals jurisdiction.
• Exclusive domestic relations jurisdiction.
• Exclusive felony, criminal appeals jurisdiction.
• Juvenile.
• Preliminary hearings.
Courts of
general
jurisdiction
Jury trials except in appeals.
COUNTY COURT (67 counties)
280 judges
CSP case types:
• Tort, contract, real property rights ($5,001/$15,000), miscellaneous civil. Exclusive small
claims jurisdiction ($5,000).
• Exclusive misdemeanor, DWI/DUI, miscellaneous criminal jurisdiction.
• Exclusive traffic/other violation jurisdiction, except parking (which
is handled administratively).
• Preliminary hearings.
Court of
limited jurisdiction
Court structure charts 277
GEORGIA COURT STRUCTURE, 2004
SUPREME COURT
7 justices sit en banc
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, juvenile, disciplinary, certified questions from federal courts, original proceeding cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile, original proceeding, interlocutory decision cases
Court
of last
resort
COURT OF APPEALS (4 divisions)
12 judges sit in panels and en banc
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile,
original proceeding, interlocutory decision cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile, original proceeding, interlocutory decision
cases.
SUPERIOR COURT (49 circuits)
188 judges authorized
CSP case types:
• Tort, contract, civil appeals, miscellaneous civil. Exclusive real property rights jurisdiction.
• Exclusive domestic relations jurisdiction.
• Misdemeanor, DWI/DUI. Exclusive felony, criminal appeals jurisdiction.
• Traffic/other violation, except for parking.
Jury trials.
CIVIL COURT (Bibb and Richmond counties)
4 judges
CSP case types:
• Tort, contract ($0/$7,500-$0/$25,000), small claims
($0/$7,500-$0/$25,000).
Jury trials.
MUNICIPAL COURT (1 court in Columbus)
2 judges
CSP case types:
• Tort, contract ($0/$15,000), small claims ($15,000).
• Misdemeanor.
• Traffic/other violation.
• Preliminary hearings.
Jury trials in civil cases.
STATE COURT (71 courts)
112 judges
CSP case types:
• Tort, contract, small claims, civil appeals, misc. civil.
• Misdemeanor, DWI/DUI, criminal appeals.
• Moving traffic, miscellaneous traffic.
• Preliminary hearings.
Jury trials.
COUNTY RECORDER’S
COURT (4 courts)
12 judges
CSP Case types:
• DWI/DUI
• Traffic / other violation
• Preliminary hearings
No Jury Trials
MAGISTRATE COURT
(159 courts)
159 chief magistrates,
and 340 magistrates.
CSP case types:
• Tort, contract
($0/$15,000), small
claims ($15,000).
• Misdemeanor.
• Ordinance violation.
• Preliminary hearings.
No jury trials.
A
Court of
general
jurisdiction
PROBATE COURT
(159 courts)
159 judges
CSP case types:
• Mental health, estate,
miscellaneous civil.
• Misdemeanor, DWI/DUI.
• Moving traffic,
miscellaneous traffic.
Jury trials only in counties
with populations greater
than 96,000.
MUNICIPAL COURTS
AND THE CITY COURT
OF ATLANTA
(~361 courts)
-342 judges
CSP case types:
• DWI/DUI.
• Traffic/other violation.
• Preliminary hearings.
• Ordinance violation.
No jury trials except in
Atlanta City Court .
JUVENILE COURT (48 circuits)
120 judges and associate juvenile court judges. Superior court judges serve in the counties without separate juvenile court judges.
CSP case types:
• Moving traffic, miscellaneous traffic.
• Juvenile.
No jury trials.
278 State Court Organization, 2004
Intermediate
appellate
court
Only for
counties w/
populations
over 96,000
where
probate
judge is
attorney
practicing at
least 7 years
Courts of
limited
jurisdiction
HAWAII COURT STRUCTURE, 2004
SUPREME COURT
A
5 justices sit en banc
CSP case types:
• Mandatory jurisdiction in civil, criminal, administrative agency, juvenile, disciplinary, certified questions from federal
courts, original proceeding cases.
• Discretionary jurisdiction in civil, criminal, administrative agency, juvenile, original proceeding, interlocutory decision
cases.
INTERMEDIATE COURT OF APPEALS
Court of
last resort
A
Intermediate
appellate
court
6 judges sit en banc
CSP case types:
• Mandatory jurisdiction in civil, criminal, administrative
agency, juvenile, original proceeding, interlocutory decision
cases assigned to it by the Supreme Court.
• No discretionary jurisdiction.
CIRCUIT COURT AND FAMILY COURT (4 circuits)
A
33 circuit court judges, 6 of whom are designated as family court judges.
CSP case types:
• Tort, contract, real property rights, miscellaneous civil ($10,000/no maximum)
[concurrent from $10,000-$20,000]. Exclusive mental health, estate,
administrative agency appeals jurisdiction.
• Exclusive domestic relations jurisdiction.
• Felony, misdemeanor, DWI/DUI, miscellaneous criminal.
• Moving traffic, miscellaneous traffic.
• Exclusive juvenile jurisdiction.
Court of
general
jurisdiction
Jury trials.
DISTRICT COURT (4 circuits)
24 district court judges and 12 district family court judges*
CSP case types:
• Tort, contract, real property rights ($0/$20,000) [concurrent from $10,000-$20,000 (civil nonjury)],
miscellaneous civil. Exclusive small claims jurisdiction ($3,500).
• Misdemeanors, DWI/DUI.
• Moving traffic, miscellaneous traffic. Exclusive parking, ordinance violation jurisdiction.
• Preliminary hearings, initial appearances and arraignment, and pleas for both felonies and misdemeanors.
Court of
limited
jurisdiction
No jury trials.
* Excludes per diem judges.
Indicates assignment of cases.
Court structure charts 279
IDAHO COURT STRUCTURE, 2004
SUPREME COURT
A
5 justices sit en banc
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile, disciplinary,
original proceeding cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile, certified
questions from federal courts, original proceeding, interlocutory decision cases.
Court of
last resort
Intermediate
appellate
court
COURT OF APPEALS
3 judges sit en banc
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, juvenile, original proceeding cases assigned by
the Supreme Court.
• No discretionary jurisdiction.
DISTRICT COURT (7 districts)
A
39 district judges
Court of
general
jurisdiction
CSP case types:
• Tort, contract, real property rights ($0/no maximum), estate, mental health, miscellaneous civil.
• Domestic relations.
• Exclusive felony and criminal appeals jurisdiction. Misdemeanor, DWI/DUI.
• Juvenile jurisdiction.
Jury trials.
MAGISTRATES DIVISION
A
83 full-time magistrate judges
CSP case types:
• Tort, contract, real property rights ($0/$10,000), small claims ($4,000), estate, mental health,
miscellaneous civil.
• Domestic relations.
• Misdemeanor, DWI/DUI.
• Exclusive traffic/other violation jurisdiction.
• Juvenile jurisdiction.
• Preliminary hearings.
Indicates assignment of cases.
Note: The Magistrates Division of the District Court functions as a limited jurisdiction court.
280 State Court Organization, 2004
Court of
limited
jurisdiction
ILLINOIS COURT STRUCTURE, 2004
SUPREME COURT
7 justices sit en banc
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, administrative agency,
juvenile, disciplinary, original proceeding, interlocutory decision cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile,
certified questions from federal courts, original proceeding, interlocutory decision
cases.
APPELLATE COURT (5 districts)
Court of
last resort
A
54 authorized judges and 9 circuit court judges assigned to the appellate court
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile,
original proceeding, interlocutory decision cases.
• Discretionary jurisdiction in civil, interlocutory decision cases.
CIRCUIT COURT (22 circuits)
Intermediate
appellate
court
A
494 authorized circuit, 356 associate judges
CSP case types:
• Exclusive civil jurisdiction (including administrative agency appeals), small claims
jurisdiction ($2,500).
• Exclusive domestic relations jurisdiction.
• Exclusive criminal jurisdiction.
• Exclusive traffic/other violation jurisdiction.
• Exclusive juvenile jurisdiction.
• Preliminary hearings.
Court of general
jurisdiction
Jury trials permissible in most cases.
Court structure charts 281
INDIANA COURT STRUCTURE, 2004
SUPREME COURT
5 justices sit en banc
Court of
last resort
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, disciplinary, original proceeding cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile, original proceeding cases.
TAX COURT
1 judge
A
COURT OF APPEALS (5 districts)
A
15 judges
CSP case types:
• Administrative agency
appeals.
SUPERIOR COURT (196 divisions)*
195 judges
Intermediate
appellate
court
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, administrative agency,
juvenile, original proceeding, interlocutory decision cases.
• Discretionary jurisdiction in interlocutory decision cases.
A
CSP case types:
• Tort, contract, real property rights, small claims
($3,000), mental health, estate, civil appeals,
miscellaneous civil.
• Domestic relations.
• Felony, misdemeanor, DWI/DUI, criminal appeals.
• Moving traffic, miscellaneous traffic.
• Juvenile.
• Preliminary hearings.
Jury trials except small claims.
PROBATE COURT
(1 court) (St. Joseph)
CIRCUIT COURT (88 circuits)
100 judges
1 judge
CSP case types:
• Tort, contract, real property rights, small claims
($3,000), mental health, estate, civil appeals,
miscellaneous civil.
• Domestic relations.
• Felony, misdemeanor, DWI/DUI, criminal
appeals.
• Moving traffic, miscellaneous traffic.
• Juvenile.
• Preliminary hearings.
Jury trials except small claims.
CSP case types:
• Estate, miscellaneous
civil.
• Adoption.
• Juvenile.
Jury trials.
A
Courts of
general
jurisdiction
COUNTY COURT (4 courts)
4 judges
CSP case types:
• Tort, contract, real property rights
($0/$10,000), small claims ($3,000),
mental health, miscellaneous civil.
• Domestic relations.
• Felony, misdemeanor, DWI/DUI, domestic
violence.
• Traffic/other violation.
• Preliminary hearings.
Courts of
limited
jurisdiction
Jury trials except small claims.
CITY COURT (47 courts)
TOWN COURT (27 courts)
48 judges
27 judges
CSP case types:
• Misdemeanor, DWI/DUI, domestic violence.
• Traffic/other violation.
CSP case types:
• Misdemeanor, DWI/DUI, domestic violence.
• Traffic/other violation.
Jury trials.
Jury trials.
SMALL CLAIMS COURT OF
MARION COUNTY (9 courts)
9 judges
*Effective January 1, 1996, all Municipal Courts became Superior Courts.
282 State Court Organization, 2004
CSP case types:
• Small claims ($6,000).
• Miscellaneous civil.
No jury trials.
IOWA COURT STRUCTURE, 2004
SUPREME COURT
7 justices sit en banc*
CSP case types:
• Mandatory jurisdiction in civil, criminal, administrative agency, juvenile, disciplinary, certified questions
from federal courts, original proceeding cases.
• Discretionary jurisdiction in civil, criminal, administrative agency, juvenile, original proceeding, interlocutory
decision cases
Court of
last resort
COURT OF APPEALS
9 judges sit in panels and en banc
CSP case types:
• Mandatory jurisdiction in civil, criminal, administrative agency, juvenile, original proceeding, interlocutory
decision cases assigned by the Supreme Court.
• No discretionary jurisdiction.
DISTRICT COURT (8 districts in 99 counties)
Intermediate
appellate
court
A
116 authorized district judges, 57 district associate judges, 9 FTE** senior judges, 12 associate juvenile
judges, 149 part-time magistrates, and 1 associate probate judge
CSP case types:
• Exclusive civil jurisdiction (including trial court appeals). Small claims jurisdiction ($5,000).
• Exclusive domestic relations jurisdiction.
• Exclusive criminal jurisdiction (including criminal appeals).
• Exclusive traffic/other violation jurisdiction except for uncontested parking.
• Exclusive juvenile jurisdiction.
• Preliminary hearings.
Court of
general
jurisdiction
Jury trials except in small claims, juvenile, equity cases, city and county ordinance violations, mental
health cases.
* As of January 2000, the court no longer sits in panels; it decides en banc.
** Includes 37 senior judges who work 1/4 time (13 weeks/year).
Indicates assignment of cases
Court structure charts 283
KANSAS COURT STRUCTURE, 2004
SUPREME COURT
7 justices sit en banc
CSP case types:
• Mandatory jurisdiction in civil, criminal, administrative agency, disciplinary, certified questions
from federal courts, original proceeding cases.
• Discretionary jurisdiction in civil, criminal, administrative agency, juvenile, original proceeding,
interlocutory decision cases.
COURT OF APPEALS
Court of
last resort
A
12 judges generally sit in panels
CSP case types:
• Mandatory jurisdiction in civil, criminal, administrative agency, juvenile, original proceeding,
criminal interlocutory decision cases.
• Discretionary jurisdiction in civil interlocutory decision cases.
Intermediate
appellate
court
.
DISTRICT COURT (31 districts)
239 judges (includes 78 magistrates)
CSP case types:
• Exclusive civil jurisdiction (including civil appeals). Small claims jurisdiction ($1,800).
• Exclusive domestic relations jurisdiction.
• DWI/DUI. Exclusive felony, misdemeanor, criminal appeals jurisdiction.
• Moving traffic, miscellaneous traffic.
• Exclusive juvenile jurisdiction.
• Preliminary hearings.
Court of
general
jurisdiction
Jury trials except in small claims.
MUNICIPAL COURT (393 cities)
255 judges
CSP case types:
• Moving traffic, miscellaneous traffic, DWI/DUI. Exclusive ordinance violation, parking jurisdiction.
No jury trials.
284 State Court Organization, 2004
Court of
limited
jurisdiction
KENTUCKY COURT STRUCTURE, 2004
SUPREME COURT
7 justices sit en banc
CSP case types:
• Mandatory jurisdiction in capital and other criminal (death, life, 20 yr+ sentence), disciplinary, certified
questions from federal courts, original proceeding cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile, original
proceeding, interlocutory decision cases.
Court of
last resort
COURT OF APPEALS
Intermediate
appellate
court
14 judges generally sit in panels, but sit en banc in a policy-making capacity.
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, original proceeding cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency,
original proceeding, interlocutory decision cases.
CIRCUIT COURT* (57 judicial circuits)
A
129 judges and 59 domestic relations commissioners
CSP case types:
• Tort, contract, real property rights ($4,000/no maximum), interstate support, estate. Exclusive civil
appeals, miscellaneous civil jurisdiction.
• Paternity. Exclusive marriage dissolution, support/custody, adoption, miscellaneous domestic relations
jurisdiction.
• Misdemeanor and domestic violence. Exclusive felony, criminal appeals jurisdiction.
• Juvenile jurisdiction.
Court of
general
Jurisdiction
Jury trials except in appeals.
DISTRICT COURT (60 Judicial districts)
116 judges (plus 70 trial commissioners)
CSP case types:
• Tort, contract, real property rights ($0/$4,000), interstate support, estate, mental health, small claims
jurisdiction ($1,500).
• Misdemeanor, DWI/DUI, domestic violence jurisdiction.
• Exclusive traffic/other violation jurisdiction.
• Juvenile jurisdiction.
• Preliminary hearings.
Court of
limited
jurisdiction
*The Family Court was created in November 2002 as a division of the Circuit Court. The Family Court has 33 judges and is located in
42 counties.
Court structure charts 285
LOUISIANA COURT STRUCTURE, 2004
SUPREME COURT
7 justices sit en banc
Court of
last resort
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, disciplinary cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile, certified questions from
federal courts, interlocutory decision cases.
COURTS OF APPEAL (5 courts)
A
53 judges sit in panels
Intermediate
appellate
court
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile, original proceeding cases.
• Discretionary jurisdiction in original proceeding cases.
DISTRICT COURTS
230 judges, 11 commissioners
DISTRICT COURT (64 parishes)
A
211 judges, 11 commissioners
CSP case types:
• Tort, contract, real property rights, mental health. Exclusive estate, civil trial court appeals, miscellaneous civil jurisdiction.
• Adoption, marriage dissolution, support/custody, paternity.
• Misdemeanor, DWI/DUI. Exclusive felony, criminal appeals jurisdiction.
• Traffic/other violation.
• Juvenile.
Courts of
general
jurisdiction
Jury trials in most cases.
JUVENILE COURT (4 courts)
FAMILY COURT (1 in East Baton Rouge)
15 judges
4 judges
CSP case types:
• Mental health.
• Interstate support, adoption.
• Juvenile.
CSP case types:
• Mental health
• Interstate support, adoption, marriage dissolution, support/custody, paternity.
• Domestic violence.
• Juvenile.
No jury trials.
No jury trials.
JUSTICE OF THE PEACE COURT
MAYOR’S COURT
(~250 courts)
CITY AND PARISH COURTS (52 courts)
73 judges
(~390 courts)
~250 judges (mayors)
~390 justices of the peace
CSP case types:
• • Tort, contract, real property rights
($0/32,000), small claims ($2,000).
• Traffic/other violation.
No jury trials
286 State Court Organization, 2004
CSP case types:
• Traffic/other
violation.
No jury trials
CSP case types:
• Tort, contract, real property rights ($0/$10,000-$20,000),
New Orleans ($0/$25,000), Alexandria ($o/$35,000); small
claims ($2,000), civil appeals of Justice of the Peace
decisions.
• Paternity, miscellaneous domestic relations.
• Misdemeanor, DWI/DUI.
• Traffic/other violation.
• Juvenile (except for status petition).
• Preliminary hearings.
No jury trials.
Courts of
limited
jurisdiction
MAINE COURT STRUCTURE, 2004
SUPREME JUDICIAL COURT SITTING AS LAW COURT
A
7 justices sit en banc
CSP case types:
• Mandatory jurisdiction in civil, criminal, administrative agency, juvenile, disciplinary, advisory opinion, original
proceeding, interlocutory decision cases.
• Discretionary jurisdiction in criminal extradition, administrative agency, original proceeding cases.
• Sentence review panel: review of criminal sentences of one year or more.
DISTRICT COURT (13 districts; 31 locations)
SUPERIOR COURT (16 counties)
33 judges
16 justices
CSP case types:
• Tort, contract, real property rights ($0/no
max). Exclusive small claims ($4,500),
mental health jurisdiction.
• Exclusive family matters. Domestic
relations (except for adoption).
• Felony, misdemeanor, DWI/DUI.
• Moving traffic, ordinance violation.
Exclusive parking, miscellaneous traffic
jurisdiction.
• Original juvenile jurisdiction.
• Preliminary hearings.
CSP case types:
• Tort, contract, real property rights,
miscellaneous civil. Small claims appeals.
• Marriage dissolution.
• Felony, misdemeanor, DWI/DUI.
Court of
last resort
Courts of general
jurisdiction
Jury trials in some cases.
No jury trials.
PROBATE COURT (16 counties)
16 part-time judges
Court of
limited jurisdiction
CSP case types:
• Exclusive estate jurisdiction.
• Exclusive adoption. Miscellaneous
domestic relations.
No jury trials.
Court structure charts 287
MARYLAND COURT STRUCTURE, 2004
COURT OF APPEALS
7 judges sit en banc
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile, disciplinary, certified questions from
federal courts, original proceeding, interlocutory decision cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile, interlocutory decision cases
Court of
last resort
COURT OF SPECIAL APPEALS
Intermediate
appellate
court
13 judges sit in panels and en banc
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile, interlocutory decision cases.
• Discretionary jurisdiction in civil, noncapital criminal, original proceeding cases.
CIRCUIT COURT (8 circuits in 24 counties)
A
146 judges
CSP case types:
• Tort, contract, real property rights ($2,500/no maximum), estate, miscellaneous civil. Mental health, civil appeals jurisdiction.
• Domestic relations.
• Felony, misdemeanor, miscellaneous criminal. Exclusive criminal appeals jurisdiction.
• Exclusive juvenile.
Court of
general
jurisdiction
Jury trials in most cases.
DISTRICT COURT (12 districts in 24 counties)
ORPHAN’S COURT (22 counties)
106 judges (plus 1 chief judge with administrative duties)
66 judges
CSP case types:
• Tort, contract ($2,500/$25,000), real property rights,
miscellaneous civil. Exclusive small claims
jurisdiction ($2,500).
• Felony, misdemeanor, DWI/DUI, domestic violence.
• Exclusive moving traffic, ordinance violation,
miscellaneous traffic jurisdiction.
• Preliminary hearings.
CSP case types:
• Estate, except where such cases are handled by circuit
court in Montgomery and Harford counties.
No jury trials.
No jury trials.
.
288 State Court Organization, 2004
Courts of
limited
jurisdiction
MASSACHUSETTS COURT STRUCTURE, 2004
SUPREME JUDICIAL COURT
A
Court of
last resort
7 justices sit on the court, and 5 justices sit en banc*
CSP case types:
• Mandatory jurisdiction in civil, criminal, judge disciplinary, advisory opinion, original proceeding cases.
• Discretionary jurisdiction in civil, criminal, administrative agency, juvenile, interlocutory decision cases.
APPEALS COURT
Intermediate
appellate court
25 justices* sit in panels of three
CSP case types:
• Mandatory jurisdiction in civil, criminal, administrative agency, juvenile cases.
• Discretionary jurisdiction in interlocutory decision cases.
SUPERIOR COURT (14 divisions)
Court of
general
jurisdiction
82 justices
CSP case types:
• Tort, contract, real property rights ($0/no maximum), civil appeals, miscellaneous civil.
• Felony, domestic violence, miscellaneous criminal.
Jury trials.
DISTRICT COURT (62 divisions)
BOSTON MUNICIPAL COURT (8 divisions)
158 justices
30 justices
CSP case types:
• Tort, contract, real property rights ($0/no maximum),
small claims ($2,000), mental health, civil trial court
appeals, miscellaneous civil.
• Felony, misdemeanor, DWI/DUI, domestic violence,
criminal appeals.
• Traffic/other violation.
• Juvenile.
• Preliminary hearings.
CSP case types:
• Tort, contract, real property rights ($0/no maximum),
small claims ($2,000), mental health, civil trial court
appeals, and miscellaneous civil.
• Felony, misdemeanor, DWI/DUI, domestic violence.
• Traffic/other violation.
• Preliminary hearings.
Jury trials.
Jury trials.
JUVENILE COURT
(11 divisions)
HOUSING COURT
(5 divisions)
LAND COURT
(1 statewide court)
PROBATE & FAMILY COURT
(14 divisions)
41 justices
10 justices
6 justices
51 justices
CSP case types:
• Juvenile.
CSP case types:
• Real property,
small claims ($2,000).
• Misdemeanor.
• Ordinance violation.
• Preliminary hearings.
Jury trials except in small
claims.
CSP case types:
• Real property
rights.
CSP case types:
• Exclusive estate jurisdiction.
• Support/custody, paternity, miscellaneous
civil. Exclusive marriage dissolution,
adoption.
• Domestic violence.
No jury trials.
No jury trials.
Jury trials.
Courts of
limited
jurisdiction
*The justices also sit individually in the “single justice” side of the court, on a rotating basis.
Court structure charts 289
MICHIGAN COURT STRUCTURE, 2004
SUPREME COURT
7 justices sit en banc
CSP case types:
• Mandatory jurisdiction in judge disciplinary cases.
• Discretionary jurisdiction in civil, criminal, administrative agency, juvenile, lawyer disciplinary,
advisory opinion, original proceeding, interlocutory decision cases.
COURT OF APPEALS (4 districts)
Court of
last resort
Intermediate
appellate
court
28 judges sit in panels
CSP case types:
• Mandatory jurisdiction in civil, criminal, administrative agency, juvenile cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency,
juvenile, original proceeding, interlocutory decision cases.
COURT OF CLAIMS
This is a function of
the 30th Circuit Court.
CSP case types:
• Administrative
agency appeals
involving claims
against the state.
No jury trials.
CIRCUIT COURT* (57 courts)**
A
216 judges
CSP case types:
• Tort, contract, real property rights ($25,000/no maximum), paternity,
administrative agency appeals, miscellaneous civil. Exclusive civil trial court
appeals jurisdiction.
• Exclusive domestic relations jurisdiction.
• Felony, DWI/DUI, miscellaneous criminal, criminal appeals jurisdiction.
• Delinquency, child protection.
DISTRICT COURT (105 courts)
PROBATE COURT (78 courts)
MUNICIPAL COURT (4 courts)
258 judges
106 judges
4 judges
CSP case types:
• Tort, contract, real property
rights ($0/$25,000), small
claims ($3,000).
• Felony, misdemeanor,
DWI/DUI.
• Moving traffic, miscellaneous
traffic, ordinance violation.
• Preliminary hearings.
CSP case types:
• Exclusive guardianships,
estates, trusts, and mental
health jurisdiction.
CSP case types:
• Tort, contract, real property rights
($0/$1,500; $3,000 if approved by
local funding unit), small claims
($100; $600, if approved).
• Felony, misdemeanor, DWI/DUI.
• Moving traffic, miscellaneous
traffic, ordinance violation.
• Preliminary hearings.
Jury trials in most cases.
Some jury trials.
* The Recorder's Court of Detroit merged with the Circuit Court effective October 1, 1997.
** A Family Division of Circuit Court became operational on January 1, 1998.
290 State Court Organization, 2004
Jury trials in most cases.
Courts of
general
jurisdiction
Courts of
limited
jurisdiction
MINNESOTA COURT STRUCTURE, 2004
SUPREME COURT
A
7 justices sit en banc
CSP case types:
• Mandatory jurisdiction in criminal, administrative agency, disciplinary, certified questions from
federal court cases.
• Discretionary jurisdiction in civil, criminal, administrative agency, juvenile, original proceeding cases.
COURT OF APPEALS
A
16 judges sit en banc and in panels
Court of
last resort
Intermediate
appellate
court
CSP case types:
• Mandatory jurisdiction in civil, criminal, administrative agency, juvenile cases.
• Discretionary jurisdiction in civil, criminal, juvenile, original proceeding cases.
DISTRICT COURT (10 districts)
276 judges
CSP case types:
• Tort, contract, real property rights, small claims (conciliation division: $0/$7,500), mental health,
estate, miscellaneous civil.
• Domestic relations.
• Criminal.
• Traffic/other violation.
• Juvenile.
Court of
general
jurisdiction
Jury trials except in small claims and non-extended juvenile jurisdiction cases.
Court structure charts 291
MISSISSIPPI COURT STRUCTURE, 2004
SUPREME COURT
9 justices sit in panels of 3 and en banc
A
Court of
last
resort
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile, disciplinary, original proceeding,
interlocutory decision cases.
• Discretionary jurisdiction in certified questions from federal court cases.
COURT OF APPEALS (5 districts)
10 judges sit in panels and en banc
Intermediate
appellate
court
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile, original proceeding,
interlocutory decision cases assigned by the Supreme Court.
• No discretionary jurisdiction.
CIRCUIT COURT (22 districts)
49 judges
A
CSP case types:
• Tort, contract, real property rights ($200/no maximum), civil appeals.
• Domestic relations.
• Felony, misdemeanor, appeals, miscellaneous criminal.
Jury trials.
Courts of
general
jurisdiction
EQUITY
CHANCERY COURT (20 districts)
45 chancellors
CSP case types:
• Tort, contract, real property rights, estate, mental health, civil appeals.
• Domestic relations.
• Hears juvenile if no county court.
• Appeals on record.
Jury trials (limited).
LAW
Courts of
limited
jurisdiction
COUNTY COURT (19 counties)
24 judges
CSP case types:
• Tort, contract, real property rights ($0/$75,000), civil appeals.
• Adoption, paternity, miscellaneous domestic relations.
• Misdemeanor.
• Juvenile.
• Preliminary hearings.
Jury trials (limited).
JUSTICE COURT (92 courts)
191 judges
CSP case types:
• Tort, contract, real property rights ($0/$2,500).
• Misdemeanor.
• Preliminary hearings.
Jury trials.
The Family Court was abolished July 1, 1999 and merged into County Court.
---- Indicates assignment of cases.
292 State Court Organization, 2004
If no
County
Court
MUNICIPAL COURT (223 courts)
224 judges
CSP case types:
• Misdemeanor.
• Traffic/other violation.
Jury trials.
MISSOURI COURT STRUCTURE, 2004
SUPREME COURT
7 justices sit en banc
Court of
last resort
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, and original proceeding cases.
• Discretionary jurisdiction in civil, noncapital criminal, capital criminal, administrative agency, juvenile,
original proceeding cases.
COURT OF APPEALS (3 districts)
A
32 judges sit in panels
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, capital criminal, administrative agency, juvenile, original
proceeding, and interlocutory decision cases.
• No discretionary jurisdiction.
CIRCUIT COURT (45 circuits)
Intermediate
appellate
court
A
136 circuit judges, 186 associate circuit judges, 19 family court commissioners, 7 drug commissioners, 4
probate and 3 deputy probate commissioners
CSP case types:
• Exclusive civil jurisdiction (including civil appeals) ($0/no maximum; associate division: $0/$25,000). Small
claims jurisdiction ($3,000).
• Exclusive domestic relations jurisdiction.
• Exclusive criminal jurisdiction.
• Traffic/other violation jurisdiction.
• Exclusive juvenile jurisdiction.
• Preliminary hearings.
Jury trials in most cases.
Court of
general
jurisdiction
MUNICIPAL COURT (473 courts)
377 municipal judges
CSP case types:
• Municipal traffic/ordinance violations.
Court of
limited
jurisdiction
No jury trials, except in the municipality of Springfield.
Court structure charts 293
MONTANA COURT STRUCTURE, 2004
SUPREME COURT
7 justices sit en banc and in panels
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, juvenile, disciplinary cases.
• Discretionary jurisdiction in administrative agency, certified questions from federal courts, original proceeding
cases.
WATER COURT
(Court of Special Jurisdiction)
(4 divisions)
1 chief judge, 4 water judges, water
masters appointed as needed
CSP case types:
• Real property rights,
limited to adjudication of existing
water rights.
No jury trials.
DISTRICT COURT (56 counties)
A
42 judges
CSP case types:
• Tort, contract, real property rights ($50/no maximum).
Exclusive mental health, estate, civil appeals,
miscellaneous civil jurisdiction.
• Exclusive domestic relations jurisdiction.
• Misdemeanor. Exclusive felony, criminal appeals
jurisdiction.
• Exclusive juvenile jurisdiction.
Jury trials
JUSTICE OF THE PEACE COURT
(66 courts)
31 justices of the peace plus 34 judges who serve
both Justice of the Peace and City Court
CSP case types:
• Tort, contract, real property rights ($0/$7,000),
small claims ($3,000).
• Misdemeanor, DWI/DUI, domestic violence.
• Moving traffic, parking, miscellaneous traffic.
• Preliminary hearings.
CSP case types:
• Limited to workers’
compensation
disputes.
Court of
general
jurisdiction
5 judges
CSP case types:
• Tort, contract, real property rights ($0/$7,000),
small claims ($3,000).
• Misdemeanor, DWI/DUI, domestic violence.
• Moving traffic, parking, miscellaneous traffic.
• Preliminary hearings.
45 judges plus 34 judges who also serve both City
and Justice of the Peace Court
CSP case types:
• Tort, contract, real property rights ($0/$7,000),
small claims ($3,000).
• Misdemeanor, DWI/DUI, domestic violence.
• Moving traffic, parking, miscellaneous traffic.
Exclusive ordinance violation jurisdiction.
• Preliminary hearings.
294 State Court Organization, 2004
1 judge
MUNICIPAL COURT (5 courts)
CITY COURT (81 courts)
Jury trials in some cases.
WORKERS’
COMPENSATION
COURT
No jury trials.
Jury trials
Jury trials except in small claims.
Court of
last resort
Courts of
limited
jurisdiction
NEBRASKA COURT STRUCTURE, 2004
SUPREME COURT
Court of
last resort
7 justices sit in panels and en banc
CSP case types:
• Mandatory jurisdiction over civil, capital criminal, criminal, disciplinary, original proceeding cases.
• Discretionary jurisdiction over civil, criminal, and all other matters.
COURT OF APPEALS*
A
6 judges sit in panels of 3
Intermediate
appellate
court
CSP case types:
• Mandatory jurisdiction over civil, criminal, administrative agency,
juvenile, disciplinary, original proceeding cases.
• No discretionary jurisdiction.
DISTRICT COURT (12 districts)
55 judges
Court of
general
jurisdiction
CSP case types:
• Tort, contract, real property rights, civil appeals, miscellaneous civil.
Exclusive mental health jurisdiction.
• Exclusive domestic relations (except adoption).
• Misdemeanor, DWI/DUI. Exclusive felony, criminal appeals,
miscellaneous criminal jurisdiction.
Jury trials except in appeals.
SEPARATE
JUVENILE COURT
(3 counties)
COUNTY COURT (93 courts in 12 districts)
10 judges
CSP case types:
• Tort, contract, real property rights
($0/$51,000), small claims ($2,700).
Exclusive estate jurisdiction.
• Exclusive adoption.
• Misdemeanor, DWI/DUI.
• Traffic/other violation.
• Juvenile.
• Preliminary hearings.
CSP case types:
• Juvenile.
No jury trials.
59 judges
Jury trials except in juvenile and small claims.
WORKERS’
COMPENSATION
COURT (1 court)
7 judges
CSP case types:
• Limited to workers’
compensation
disputes.
Courts of
limited
jurisdiction
No jury trials.
* The Nebraska Court of Appeals was established September 6, 1991.
Court structure charts 295
NEVADA COURT STRUCTURE, 2004
SUPREME COURT
7 justices sit in panels and en banc
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile, disciplinary,
original proceeding, interlocutory decision cases.
• No discretionary jurisdiction.
DISTRICT COURT (9 districts)
Court of
last resort
A
60 judges
CSP case types:
• Tort, contract, real property rights ($7,500*/no maximum). Exclusive mental health, estate, civil
appeals, miscellaneous civil jurisdiction.
• Exclusive domestic relations jurisdiction.
• Felony, misdemeanor,** DWI/DUI. Exclusive criminal appeals, miscellaneous
criminal jurisdiction.
• Exclusive juvenile jurisdiction.
Court of
general
jurisdiction
Jury trials in most cases.
JUSTICE COURT (52 towns)
66 justices of the peace (10 of these also
serve as Municipal Court Judges)
CSP case types:
• Tort, contract, real property rights
($0/$10,000), small claims ($5,000).
• Misdemeanor,** DWI/DUI.
• Moving traffic, parking, miscellaneous
traffic.
• Preliminary hearings.
Jury trials except in small claims and
parking cases.
MUNICIPAL COURT (18 incorporated
cities/towns)
19 judges (plus 10 justices of the peace
who also serve as Municipal Court
judges)
CSP case types:
• Small claims ($2,500).
• Misdemeanor.**
• Exclusive ordinance violation jurisdiction.
Courts of
limited jurisdiction
No jury trials.
*District and Justice Court dollar amount jurisdiction increased to $10,000 on January 1, 2005.
**District Court hears gross misdemeanor cases; Justice & Municipal Courts hear misdemeanors with fines under $1,000 and/or sentence of less than six months.
296 State Court Organization, 2004
NEW HAMPSHIRE COURT STRUCTURE, 2004
SUPREME COURT
A
1 chief justice, 4 justices sit en banc
CSP case types:
• No mandatory jurisdiction except for capital murder where death penalty is imposed.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile, disciplinary,
advisory opinions for the state executive and legislature, original proceeding, interlocutory
decision cases.
SUPERIOR COURT (10 counties; 11 courts)
Court of
last resort
A
27 full-time judges; 13 full-time marital masters
• Tort, contract, real property rights ($1,500/no maximum), miscellaneous civil.
• Exclusive marriage dissolution, paternity, support/custody jurisdiction.
• Exclusive felony, criminal appeals jurisdiction. Misdemeanor and domestic violence.
Court of
general
jurisdiction
Jury trials.
PROBATE COURT (10 counties)*
DISTRICT COURT (36 courts)*
10 judges (5 full-time, 5 part-time)
19 full-time judges, 50 part-time
judges
CSP case types:
• Guardianships, trusts, wills, estates,
involuntary committments, and some
equity matters.
• Adoption, miscellaneous domestic
relations.
• Termination of parental rights.
No jury trials.
CSP case types:
• Tort, contract, real property rights
($0/$25,000), small claims
($5,000), miscellaneous civil.
• Misdemeanor, DWI/DUI, domestic
violence.
• Traffic/other violation.
• Exclusive juvenile jurisdiction.
• Preliminary hearings.
Courts of
limited jurisdiction
Jury trials in three courts in two
counties.
*A Family Division Pilot Program was created by the Legislature in 1995 and operates in six District Courts and two Probate Courts. The Family Division Pilot Program includes
domestic violence, juvenile, marital matters, termination of parental rights, adoptions, and guardianships over minors in two counties. The Municipal Court merged with the District Court
in May 2000.
Court structure charts 297
NEW JERSEY COURT STRUCTURE, 2004
SUPREME COURT
A
7 justices sit en banc
Court of
last resort
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile,
disciplinary, original proceeding cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency appeals, juvenile,
certified questions from federal courts, interlocutory decision cases.
APPELLATE DIVISION OF SUPERIOR COURT
A
35 judges sit in 8 parts
Intermediate
appellate
court
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, juvenile, administrative agency cases.
• Discretionary jurisdiction in interlocutory decision cases.
SUPERIOR COURT: CIVIL, FAMILY, GENERAL EQUITY, AND CRIMINAL DIVISIONS
(15 vicinages in 21 counties)
406 judges
Court of
general
jurisdiction
CSP case types:
• Exclusive civil jurisdiction ($0/no maximum; special civil part: $0/$15,000) (uncontested estate
cases are handled by the surrogates). Small claims jurisdiction ($3,000; $5,000 for security
deposit demand cases).
• Exclusive domestic relations jurisdiction.
• Felony. Exclusive criminal appeals, miscellaneous criminal jurisdiction.
• Exclusive juvenile jurisdiction.
Jury trials in most cases.
MUNICIPAL COURT (536 courts, of which
12 were multi-municipal)
TAX COURT**
A
12 judges
347 judges
CSP case types:
• Felony,* misdemeanor, DWI/DUI.
• Exclusive traffic/other violation
jurisdiction.
CSP case types:
• State/local tax matters.
Courts of
limited
jurisdiction
No jury trials.
No jury trials.
* Felony cases are handled on first appearance in the Municipal Courts and then are transferred through the county Prosecutor's office to the Superior Court.
** Tax court is considered a limited jurisdiction court because of its specialized subject matter. Nevertheless, it receives appeals from administrative bodies and its cases are
appealed to the intermediate appellate court. Tax court judges have the same general qualifications and terms of service as superior court judges and can be cross assigned.
298 State Court Organization, 2004
NEW MEXICO COURT STRUCTURE, 2004
SUPREME COURT
A
5 justices sit in panels of 3
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, disciplinary, original proceeding,
interlocutory decision cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile, certified questions from federal
court cases
COURT OF APPEALS
Court of
last resort
A
10 judges sit in panels of 3
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile cases.
• Discretionary jurisdiction in interlocutory decision cases.
Intermediate
appellate
court
DISTRICT COURT (13 districts)
75 judges
CSP case types:
• Tort, contract, real property rights, estate. Exclusive mental health, civil appeals, miscellaneous civil jurisdiction.
• Exclusive domestic relations jurisdiction.
• Misdemeanor. Exclusive felony, criminal appeals jurisdiction.
• Exclusive juvenile jurisdiction.
Court of
general
jurisdiction
Jury trials.
MAGISTRATE COURT (53 courts/32 counties)
BERNALILLO COUNTY
METROPOLITAN COURT
62 judges
16 judges
CSP case types:
• Tort, contract, real property rights ($0/$10,000).
• Misdemeanor, DWI/DUI.
• Moving traffic, miscellaneous traffic.
• Preliminary hearings.
CSP case types:
• Tort, contract, real property rights ($0/$10,000).
• Misdemeanor, DWI/DUI.
• Traffic/other violation.
• Preliminary hearings.
Jury trials.
Jury trials except in traffic.
MUNICIPAL COURT (83 courts)
PROBATE COURT (33 counties)
85 judges
33 judges
CSP case types:
• Misdemeanor, DWI/DUI, domestic violence.
• Traffic/other violation.
CSP case types:
• Estate. (Hears uncontested cases; contested
cases go to District Court.)
No jury trials.
No jury trials.
Courts of
limited
jurisdiction
Court structure charts 299
NEW YORK COURT STRUCTURE, 2004*
COURT OF APPEALS
7 judges
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile, original proceeding cases.
• Discretionary jurisdiction in civil, criminal, administrative agency, juvenile, disciplinary, original proceeding cases.
APPELLATE DIVISIONS OF SUPREME COURT
A
(4 courts/divisions)
56 justices sit in panels in four departments
CSP case types:
• Mandatory jurisdiction in civil, criminal, administrative agency,
juvenile, lawyer disciplinary, original proceeding, interlocutory
decision cases.
• Discretionary jurisdiction in civil, criminal, juvenile, original
proceeding, interlocutory decision cases.
3rd & 4th
departments
SUPREME COURT (12 districts)
346 supreme court judges (plus 50 "acting" supreme court judges and
12 quasi-judicial staff)
CSP case types:
• Tort, contract, real property rights, miscellaneous civil.
• Exclusive marriage dissolution jurisdiction.
• Felony, misdemeanors, DWI/DUI, miscellaneous criminal.
Jury trials.
COURT OF CLAIMS (1 court)
72 judges (of which 50 act as supreme court
judges)
CSP case types:
• Tort, contract, real property rights involving
the state.
No jury trials.
FAMILY COURT (62 counties—includes NYC
Family Court)
126 judges* (plus 81 quasi-judicial staff)
CSP case types:
• Guardianship.
• Domestic relations (except marriage
dissolution).
• Exclusive domestic violence jurisdiction.
• Exclusive juvenile jurisdiction.
No jury trials.
CIVIL COURT OF THE CITY OF NEW YORK
(1 court)
120 judges
CSP case types:
• Tort, contract, real property rights
($0/$25,000), small claims ($3,000),
miscellaneous civil.
Jury trials.
1st & 2nd
departments
Court
of
last
resort
APPELLATE TERMS OF SUPREME COURT
(3 terms/1st and 2nd departments)
15 justices sit in panels in three terms
CSP case types:
• Mandatory jurisdiction in civil, criminal, juvenile,
interlocutory decision cases.
• Discretionary jurisdiction in criminal, juvenile,
interlocutory decision cases.
COUNTY COURT (57 counties outside NYC)
128 county court judges*
CSP case types:
• Tort, contract, real property rights ($0/$25,000), civil
appeals, miscellaneous civil.
• Felony, misdemeanor, DWI/DUI, miscellaneous criminal,
criminal appeals.
Jury trials.
SURROGATES’ COURT (62 counties)
30 surrogates*
CSP case types:
• Estate.
• Adoption.
Jury trials in estate.
3rd & 4th
departments
CITY COURT (79 courts in 61 cities)
158 judges
CSP case types:
• Tort, contract, real property rights
($0/$15,000), small claims
($3,000).
• Felony, misdemeanor, DWI/DUI.
• Moving traffic, miscellaneous
traffic, ordinance violation.
• Preliminary hearings.
Jury trials except in traffic.
Jury trials for highest-level.
TOWN AND VILLAGE JUSTICE COURT
(1,487 courts)
2,300 justices
CSP case types:
• Tort, contract, real property rights ($0/$3,000),
small claims ($3,000).
• Misdemeanor, DWI/DUI, miscellaneous criminal.
• Traffic/other violation.
• Preliminary hearings.
Jury trials in most cases.
*Unless otherwise noted, numbers reflect statutory authorization. Many judges sit in more than one court so the number of judges indicated in this chart does not
reflect the actual number of judges in the system. Fifty County Court judges also serve Surrogates’ Court and six County Court judges also serve Family Court.
300 State Court Organization, 2004
Courts
of
general
jurisdiction
1st & 2nd
departments
DISTRICT COURT (Nassau and Suffolk counties)
50 judges
CSP case types:
• Tort, contract, real property rights ($0/$15,000),
small claims ($3,000).
• Felony, misdemeanor, DWI/DUI.
• Moving traffic, miscellaneous traffic, ordinance
violation.
• Preliminary hearings.
CRIMINAL COURT OF THE CITY OF NEW
YORK
(1 court)
107 judges
CSP case types:
• Misdemeanor, DWI/DUI.
• Moving traffic, ordinance violation,
miscellaneous traffic.
• Preliminary hearings.
Jury trials for highest-level misdemeanor.
Intermediate
appellate
court
Courts of
limited
jurisdiction
NORTH CAROLINA COURT STRUCTURE, 2004
SUPREME COURT
A
7 justices sit en banc
Court of
last resort
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile, disciplinary,
interlocutory decision cases.
• Discretionary jurisdiction in civil, criminal, administrative agency, juvenile, advisory opinions for the
executive and legislature, original proceeding, interlocutory decision cases.
COURT OF APPEALS
A
15 judges sit in panels
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile, disciplinary, original
proceeding cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile, original proceeding,
interlocutory decision cases.
SUPERIOR COURT
(47 districts for administrative purposes; 65 districts for elective purposes)
106 judges (includes 13 special judges) and 100 clerks with estate jurisdiction
Intermediate
appellate
court
A
Court of
general
jurisdiction
CSP case types:
• Tort, contract, real property rights (over $10,000/no maximum),
miscellaneous civil cases. Exclusive estate, administrative agency appeals jurisdiction.
• Felony, misdemeanor, criminal appeals jurisdiction.
Jury trials.
DISTRICT COURT (39 districts for administrative purposes; 40 districts for elective purposes)
235 judges and 716 magistrates
CSP case types:
• Tort, contract, real property rights ($0/$10,000). Exclusive small claims ($4,000), mental health,
miscellaneous civil jurisdiction.
• Exclusive domestic relations jurisdiction.
• Misdemeanor, DWI/DUI jurisdiction.
• Traffic/other violation jurisdiction.
• Exclusive juvenile jurisdiction.
• Preliminary hearings.
Court of
limited
jurisdiction
Jury trials in civil cases only.
Court structure charts 301
NORTH DAKOTA COURT STRUCTURE, 2004
SUPREME COURT*
5 justices sit en banc
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile, disciplinary,
original proceeding, interlocutory decision cases.
• No discretionary jurisdiction.
DISTRICT COURT (7 judicial districts in 53 counties)
Court of
last resort
A
42 judges, 7.5 judicial referees
CSP case types:
• Exclusive tort, contract, real property rights, small claims ($5,000), estate, appeals of administrative
agency cases, mental health, miscellaneous civil jurisdiction.
• Exclusive domestic relations jurisdiction.
• Exclusive felony, misdemeanor, miscellaneous criminal jurisdiction.
• Moving traffic, ordinance violation, parking, miscellaneous traffic.
• Exclusive juvenile jurisdiction.
Court of
general
jurisdiction
Jury trials in many cases.
MUNICIPAL COURT (80 municipalities)
77 judges
Court of
limited
jurisdiction
CSP case types:
• DWI/DUI.
• Moving traffic, ordinance violation, parking, miscellaneous traffic.
No jury trials.
* A temporary Court of Appeals was established July 1, 1987, to exercise appellate and original jurisdiction as delegated by the Supreme Court. This court does not sit, has no assigned
judges, and has heard no appeals. It is currently unfunded.
302 State Court Organization, 2004
OHIO COURT STRUCTURE, 2004
SUPREME COURT
A
7 justices sit en banc
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile, disciplinary, original proceeding cases.
• Discretionary jurisdiction in civil, noncapital criminal, juvenile, original proceeding, interlocutory decision cases.
COURTS OF APPEAL (12 courts)
Court of
last resort
A
68 judges sit in panels of 3 members each
CSP case types:
• Mandatory jurisdiction in civil, criminal, administrative agency, juvenile, original proceeding, interlocutory decision cases.
• No discretionary jurisdiction.
COURT OF COMMON PLEAS (88 courts)
Intermediate
appellate
court
A
380 judges
CSP case types:
• Tort, contract, real property rights ($500/no maximum), appeals of administrative agency cases, miscellaneous civil.
Exclusive mental health, estate jurisdiction.
• Exclusive domestic relations jurisdiction.
• Felony, miscellaneous criminal.
• Traffic/other violation (juvenile cases only).
• Exclusive juvenile jurisdiction.
Court of
general
jurisdiction
Jury trials in most cases.
MUNICIPAL COURT (124 courts)
COUNTY COURT (42 courts)
207 judges
49 judges
CSP case types:
• Tort, contract, real property rights ($0/$15,000), small claims
($2,000), miscellaneous civil.
• Felony, misdemeanor, DWI/DUI, criminal appeals.
• Traffic/other violation.
• Preliminary hearings.
CSP case types:
• Tort, contract, real property rights ($0/$1500),
small claims ($2000), miscellaneous civil.
• Felony, misdemeanor, DWI/DUI, criminal appeals.
• Traffic/other violation, except parking cases.
• Preliminary hearings.
Jury trials in most cases.
Jury trials in most cases.
COURT OF CLAIMS (1 court)
MAYORS COURT (~322 courts)
Judges assigned by Supreme Court
~322 mayors
CSP case types:
• Miscellaneous civil (actions against the state; victims of
crime cases).
CSP case types:
• DWI/DUI.
• Traffic/other violation.
Jury trials.
No jury trials.
Courts of
limited
jurisdiction
Court structure charts 303
OKLAHOMA COURT STRUCTURE, 2004
SUPREME COURT
A
COURT OF CRIMINAL APPEALS
9 justices sit en banc
5 judges sit en banc
CSP case types:
• Mandatory jurisdiction in civil, administrative agency,
juvenile, disciplinary, advisory opinion, original
proceeding, interlocutory decision cases.
• Discretionary jurisdiction in civil, administrative agency,
juvenile, interlocutory decision cases.
CSP case types:
• Mandatory jurisdiction in capital criminal,
criminal, juvenile, original proceeding cases.
• Discretionary jurisdiction in interlocutory
decision cases.
Courts of
last resorts
COURT OF CIVIL APPEALS
Intermediate
appellate
court
12 judges sit in four permanent divisions of
3 members each
CSP case types:
• Mandatory jurisdiction in civil,
administrative agency, juvenile, original
proceeding, interlocutory decision cases
that are assigned by the supreme court.
• No discretionary jurisdiction.
DISTRICT COURT (77 courts)
A
71 district, 77 associate district, and 73 special judges
CSP case types:
• Exclusive civil jurisdiction, except for concurrent
jurisdiction in appeals of administrative agency cases; small claims jurisdiction
($3,000).
• Exclusive domestic relations jurisdiction.
• Exclusive criminal jurisdiction (including criminal appeals).
• Moving traffic, miscellaneous traffic, ordinance violation.
• Exclusive juvenile jurisdiction.
Court of
general
jurisdiction
Jury trials
COURT OF TAX REVIEW
(1 court)
A
3 district court judges serve
MUNICIPAL COURT NOT
OF RECORD (340 courts)
MUNICIPAL CRIMINAL COURT OF
RECORD
(2 courts)
Approximately 350 full-time and parttime judges
8 full-time and 18 part-time judges
CSP case types:
• Appeals of administrative agency
cases.
CSP case types:
• Traffic/other violation.
CSP case types:
• Traffic/other violation.
No jury trials.
Jury trials.
Jury trials.
Indicates assignment of cases.
Note: Oklahoma has a workers’ compensation court, which hears complaints that are handled exclusively by administrative agencies in other states.
304 State Court Organization, 2004
Court of
limited
jurisdiction
OREGON COURT STRUCTURE, 2004
SUPREME COURT
7 justices sit en banc
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, administrative agency, disciplinary, original proceeding cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile, disciplinary, certified questions from
federal courts, original proceeding cases
COURT OF APPEALS
A
10 judges sit in panels and en banc
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile, original proceeding, interlocutory decision
cases.
• No discretionary jurisdiction.
TAX COURT
A
(1 court with regular and magistrates divisions)
1 judge and 5 magistrates
CSP case types:
• Appeals of administrative agency cases.
No jury trials.
Court of
last resort
Intermediate
appellate
court
CIRCUIT COURT* (27 judicial districts in 36 counties; 36 courts)
169 judges
CSP case types:
• Exclusive tort, contract, real property rights ($751/no maximum),
small claims ($5,000), adoption, estate, civil appeals, mental health.
Exclusive miscellaneous civil jurisdiction.
• Exclusive domestic relations (except adoption) jurisdiction.
• Misdemeanor, DWI/DUI. Exclusive felony, criminal appeals
jurisdiction.
• Traffic/other violation.
• Juvenile.
Courts of
general
jurisdiction
Jury trials for most case types.
COUNTY COURT
(7 courts)
JUSTICE COURT
(30 courts/19 counties)
MUNICIPAL COURT
(135 courts)
7 judges
30 justices of the peace
225 judges
CSP case types:
• Mental health, estate.
• Adoption.
• Juvenile.
CSP case types:
• Small claims ($2,500).
• Misdemeanor,
DWI/DUI.
• Moving traffic,
parking,
miscellaneous traffic.
• Preliminary hearings.
CSP case types:
• Misdemeanor,
DWI/DUI.
• Traffic/other
violation.
Jury trials for some case
types.
Jury trials for some
case types.
No jury trials.
Courts of
limited
jurisdiction
* Effective January 15, 1998, all District Courts were eliminated and District judges became Circuit judges.
Court structure charts 305
PENNSYLVANIA COURT STRUCTURE, 2004
SUPREME COURT
7 justices sit en banc
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile, disciplinary, original proceeding,
interlocutory decision cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile, original proceeding, interlocutory
decision cases.
COMMONWEALTH COURT
9 authorized judges sit in panels and en banc
A
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, administrative
agency, original proceeding, interlocutory decision cases involving the
commonwealth.
• Discretionary jurisdiction in civil, administrative agency, original
proceeding, interlocutory decision cases involving the commonwealth.
SUPERIOR COURT
15 authorized judges sit in panels and en banc
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, juvenile,
original proceeding, interlocutory decision cases.
• Discretionary jurisdiction in civil, noncapital criminal,
juvenile, original proceeding, interlocutory decision cases.
COURT OF COMMON PLEAS (60 districts in 67 counties)
Court of
last resort
Intermediate
appellate
court
A
408 judges
CSP case types:
• Tort, contract, real property rights, miscellaneous civil. Estate, mental health, civil appeals jurisdiction.
• Domestic relations.
• Misdemeanor, DWI/DUI. Exclusive felony, criminal appeals, miscellaneous criminal jurisdiction.
• Exclusive juvenile jurisdiction.
Court of
general
jurisdiction
Jury trials in most cases.
PHILADELPHIA MUNICIPAL COURT (1st district)
25 judges
CSP case types:
• Real property rights ($0/$10,000), miscellaneous
civil. Small claims jurisdiction ($10,000).
• Felony, misdemeanor, DWI/DUI, domestic violence.
• Ordinance violation.
• Preliminary hearings.
No jury trials
DISTRICT JUSTICE COURT* (551 courts)
551 district justices
CSP case types:
• Tort, contract, real property rights ($0/$8,000);
small claims ($8,000).
• Felony, misdemeanor, DWI/DUI.
• Traffic/other violation.
• Preliminary hearings.
No jury trials.
Courts of
limited
jurisdiction
PHILADELPHIA TRAFFIC COURT
(1st district)
PITTSBURGH CITY MAGISTRATES*
(5th district)
7 judges
6 magistrates
CSP case types:
• Moving traffic, parking, miscellaneous traffic.
CSP case types:
• Misdemeanor, DWI/DUI.
• Traffic/other violation.
• Preliminary hearings.
No jury trials.
No jury trials.
*Effective January 2005, Pittsburgh City Magistrates merged with District Justice Court, which was renamed Magisterial District Judges Court.
306 State Court Organization, 2004
PUERTO RICO COURT STRUCTURE, 2004
SUPREME COURT
Court of
last resort
7 justices sit en banc
CSP case types:
• Mandatory jurisdiction in civil, administrative agency, disciplinary, original proceeding cases. Review of the rulings by the
Registrar of Property.
• Discretionary jurisdiction in civil, criminal, juvenile, certified questions from federal courts, advisory opinion, interlocutory
decision cases.
CIRCUIT COURT OF APPEALS*
39 judges sit in 3-judge panels
CSP case types:
• Mandatory jurisdiction in civil, criminal, and juvenile cases.
• Discretionary jurisdiction in original proceeding, administrative agency, and interlocutory decision cases.
Intermediate
appellate
court
COURT OF FIRST INSTANCE**
328 judges
SUPERIOR DIVISION***
A
MUNICIPAL DIVISION
233 judges
105 judges
CSP case types:
• Tort, contract, real property rights ($0/no maximum),
estate, administrative agency appeals.
• Domestic relations.
• Exclusive felony jurisdiction. Misdemeanor, DWI/DUI.
• Juvenile jurisdiction.
• Preliminary hearings.
CSP case types:
• Tort, contract, real property rights ($0/$3,000),
miscellaneous civil. Small claims ($5,000).
• Miscellaneous criminal.
• Ordinance violation, miscellaneous traffic.
Jury trials in felony cases.
Court of
general
jurisdiction
No jury trials.
*Created July 28, 1994; operational January 1, 1995.
**Created in 1994; operational in 1995.
***The Judicial Reform Act of 1994 established the abolition of the District Subsection. The District Subsection was abolished in 2002,
and its functions were transferred to the Superior Division.
Court structure charts 307
RHODE ISLAND COURT STRUCTURE, 2004
SUPREME COURT
A
Court of
last resort
5 justices sit en banc
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, juvenile, disciplinary, advisory opinion, original proceeding cases.
• Discretionary jurisdiction in administrative agency appeals, interlocutory decision, original proceeding cases.
SUPERIOR COURT
(4 divisions)
22 justices, 5 magistrates
CSP case types:
• Tort, contract, real property rights ($5,000/no maximum), civil appeals, miscellaneous civil.
• Exclusive felony, criminal appeals jurisdiction.
Court of
general
jurisdiction
Jury trials.
WORKERS'
COMPENSATION
COURT
DISTRICT COURT (4 divisions)
A
FAMILY COURT
(4 divisions)
13 judges, 2 magistrates
12 justices, 9 magistrates
10 judges
CSP case types:
• Administrative
agency appeals
(workers'
compensation).
No jury trials.
CSP case types:
• Tort, contract, real property rights
($1,500/$5,000-$10,000), appeals of
administrative agency cases. Exclusive small
claims ($1,500), mental health jurisdiction.
• Exclusive misdemeanor, DWI/DUI.
• Preliminary hearings.
CSP case types:
• Exclusive domestic
relations jurisdiction.
• Exclusive juvenile
jurisdiction.
No jury trials.
Jury trials.
TRAFFIC TRIBUNAL*
MUNICIPAL COURT (16 courts)
3 judges, 4 magistrates
21 judges, 2 magistrates
CSP case types:
• Traffic/other violation.
CSP case types:
• Ordinance violation. Exclusive
parking jurisdiction.
CSP case types:
• Exclusive estate jurisdiction.
No jury trials.
No jury trials.
No jury trials.
39 judges
* This court was formerly known as the Rhode Island Administrative Adjudication Court.
308 State Court Organization, 2004
PROBATE COURT
(39 cities/towns)
Courts of
limited
jurisdiction
SOUTH CAROLINA COURT STRUCTURE, 2004
SUPREME COURT
5 justices sit en banc
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, juvenile, disciplinary, certified questions from federal courts,
original proceeding, interlocutory decision cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile, original proceeding, interlocutory
decision cases.
Court of
last resort
COURT OF APPEALS
9 judges sit in panels and en banc
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile, original proceeding cases assigned
by the Supreme Court.
• No discretionary jurisdiction.
CIRCUIT COURT (16 circuits, 46 counties)
Intermediate
appellate
court
A
46 judges and 22 masters-in-equity
CSP case types:
• Tort, contract, real property rights, miscellaneous civil. Exclusive civil appeals jurisdiction.
• Misdemeanor (over 30 days), DWI/DUI (2nd offense or greater). Exclusive felony, criminal appeals,
miscellaneous criminal jurisdiction.
Court of
general
jurisdiction
Jury trials except in appeals.
FAMILY COURT (16 circuits, 46 counties)
MAGISTRATE COURT (286 courts, 46 counties)
57 judges
300 magistrates
CSP case types:
• Exclusive domestic relations jurisdiction.
• Traffic/other violation (juvenile cases only).
• Juvenile.
CSP case types:
• Tort, contract, real property rights ($0/$7,500). Small claims ($7,500).
• Misdemeanor, DWI/DUI (up to 30 days and/or $500).
• Traffic/other violation.
• Preliminary hearings.
No jury trials.
Jury trials.
PROBATE COURT (46 courts, 46 counties)
46 Judges
MUNICIPAL COURT (~200 courts)
CSP case types:
• Exclusive mental health, estate jurisdiction.
No jury trials.
Courts of
limited
jurisdiction
~300 judges
CSP case types:
• Misdemeanor, DWI/DUI (up to 30 days and/or $500).
• Traffic/other violation.
• Preliminary hearings.
Jury trials.
Indicates assignment of cases.
Court structure charts 309
SOUTH DAKOTA COURT STRUCTURE, 2004
SUPREME COURT
5 justices sit en banc
Court of
last resort
CSP case types:
• Mandatory jurisdiction in appeals of civil, capital criminal, criminal, administrative agency,
juvenile, disciplinary, original proceeding cases.
• Discretionary jurisdiction in advisory opinions for the state executive, interlocutory decision,
original proceeding cases.
CIRCUIT COURT (7 circuits)
A
38 judges
CSP case types:
• Tort, contract, real property ($10,000/no maximum); small claims jurisdiction ($8,000).
• Exclusive domestic relations jurisdiction.
• Criminal jurisdiction (including criminal appeals from Magistrate Court).
• Exclusive traffic/other violation jurisdiction (except for uncontested parking, which is handled
administratively).
• Exclusive juvenile jurisdiction.
Court of
general
jurisdiction
Jury trials except in small claims.
MAGISTRATE COURT (7 circuits)
11 full-time and 3 part-time magistrates
CSP case types:
• Tort, contract, real property (0/$10,000); small claims jurisdiction ($8,000).
• Misdemeanor
• Preliminary hearings.
No jury trials.
310 State Court Organization, 2004
A
Court of
limited
jurisdiction
TENNESSEE COURT STRUCTURE, 2004
SUPREME COURT
Court of
last resort
5 justices sit en banc
CSP case types:
• Discretionary jurisdiction in civil, criminal, noncapital criminal, juvenile, original proceeding, interlocutory decision cases.
COURT OF APPEALS (3 divisions)
A
COURT OF CRIMINAL APPEALS (3 divisions)
Intermediate
appellate court
12 judges sit in panels
12 judges sit in panels
CSP case types:
• Mandatory jurisdiction in civil, administrative agency,
juvenile cases.
• Discretionary jurisdiction in interlocutory decision cases.
CSP case types:
• Mandatory jurisdiction in capital criminal, criminal, juvenile,
original proceeding cases.
• Discretionary jurisdiction in interlocutory decision cases.
JUDICIAL DISTRICTS (31 districts)
CIRCUIT COURT*
(95 counties)
85 judges
A
PROBATE COURT*
(1 court)
2 judges
CSP case types:
• Tort, contract, real property rights ($50/no
maximum), civil appeals, estates.
• Domestic relations.
CSP case types:
• Estate.
• Administrative agency
appeals.
Jury trials.
No jury trials.
CHANCERY COURT
A
35 chancellors
CRIMINAL COURT
35 judges
CSP case types:
• Tort, contract, real
property rights ($50/no
maximum), civil
appeals, estates.
• Domestic relations.
Jury trials.
JUVENILE COURT (98 courts)
MUNICIPAL COURT (~300 courts)
17 judges (plus 93 General Sessions judges with juvenile jurisdiction)
170 judges
CSP case types:
• Mental health.
• Support/custody, paternity, miscellaneous domestic relations.
• Juvenile.
CSP case types:
• Misdemeanor, DWI/DUI.
• Traffic/other violation.
• Preliminary hearings.
No jury trials.
No jury trials.
CSP case types:
• Criminal
(including
criminal appeals).
Courts of
general
jurisdiction
Jury trials.
Courts of
limited
jurisdiction
GENERAL SESSIONS COURT (93 counties; 2 additional counties have a trial justice court)
154 general sessions judges (shared with Juvenile Court)
CSP case types:
• Tort, contract, real property rights ($0/varies), mental health, estate (probate) cases. Exclusive small claims jurisdiction ($0/$15,000$25,000).
• Marriage dissolution, support/custody.
• Misdemeanor, DWI/DUI.
• Traffic/other violation.
• Juvenile.
• Preliminary hearings.
No jury trials.
*Effective September 1, 1998 Davidson County Probate Court became a Circuit Court with probate jurisdiction.
Court structure charts 311
TEXAS COURT STRUCTURE, 2004
SUPREME COURT
9 justices sit en banc
COURT OF CRIMINAL APPEALS
9 judges sit en banc
CSP case types:
• Discretionary jurisdiction in civil, administrative agency, juvenile,
certified questions from federal courts, original proceeding cases.
CSP case types:
• Mandatory jurisdiction in capital criminal, criminal, original
proceeding cases.
• Discretionary jurisdiction in certified questions from federal
court.
Court of
last resort
COURTS OF APPEALS (14 courts)
80 justices sit in panels
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile, original proceeding, interlocutory decision cases.
• No discretionary jurisdiction.
DISTRICT COURTS (424 courts) 424 judges
DISTRICT COURT (414 courts)
A
Intermediate
appellate
court
CRIMINAL DISTRICT COURT
(10 courts)
414 judges
10 judges
CSP case types:
• Tort, contract, real property rights ($200/no maximum), estate,
miscellaneous civil. Exclusive administrative agency appeals
jurisdiction.
• Domestic relations.
• Felony, misdemeanor, DWI/DUI, miscellaneous criminal.
• Juvenile.
CSP case types:
• Felony, misdemeanor, DWI/DUI, miscellaneous
criminal cases.
Court of
general
jurisdiction
Jury trials
Jury trials.
COUNTY-LEVEL COURTS (482 courts) 482 judges
CONSTITUTIONAL COUNTY COURT
(254 courts)
254 judges
PROBATE COURT
(17 courts)
17 judges
CSP case types:
• Tort, contract, real property rights,
miscellaneous civil ($200/$5,000), estate,
mental health, civil trial court appeals.
• Misdemeanor, DWI/DUI, criminal appeals.
• Moving traffic, miscellaneous traffic.
• Juvenile.
Jury trials.
CSP case types:
• Estate.
• Mental health.
Jury trials.
MUNICIPAL COURT* (894 courts)
1,345 judges
CSP case types:
• Misdemeanor.
• Moving traffic, parking, miscellaneous traffic. Exclusive
ordinance violation jurisdiction.
Jury trials.
* Some municipal and justice of the peace courts may appeal to the district court.
312 State Court Organization, 2004
COUNTY COURT AT LAW (211 courts)
211 judges
CSP case types:
• Tort, contract, real property rights ,
miscellaneous civil ($200/$100,000),
estate, mental health, civil trial court
appeals.
• Misdemeanor, DWI/DUI, criminal
appeals.
• Moving traffic, miscellaneous traffic.
• Juvenile.
Jury trials.
JUSTICE OF THE PEACE COURT* (827 courts)
827 judges
CSP case types:
• Tort, contract, real property rights ($0/$5,000), small
claims ($5,000), mental health.
• Misdemeanor.
• Moving traffic, parking, miscellaneous traffic.
Jury trials.
Courts of
limited
jurisdiction
UTAH COURT STRUCTURE, 2004
SUPREME COURT
A
Court of
last resort
5 justices sit en banc
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile,
disciplinary, original proceeding cases.
• Discretionary jurisdiction in interlocutory decision cases.
COURT OF APPEALS
Intermediate
appellate
court
7 judges sit in panels of 3
CSP case types:
• Mandatory jurisdiction in civil, criminal, administrative agency, juvenile, original
proceeding cases.
• Discretionary jurisdiction in interlocutory decision cases.
DISTRICT COURT (40 courts) (8 districts in 29 counties)
A
70 judges (plus 7 domestic court commissioners)
CSP case types:
• Tort, contract, real property rights, small claims ($5,000). Exclusive estate, mental
health, miscellaneous civil, civil appeals jurisdiction.
• Exclusive domestic relations jurisdiction.
• Felony, misdemeanor. Exclusive criminal appeals jurisdiction.
• Traffic/other violation.
Court of
general
jurisdiction
Jury trials in most case types.
JUVENILE COURT (20 courts)
JUSTICE COURT (136 courts)
25 judges and 1 commissioner
116 judges
CSP case types:
• Exclusive juvenile jurisdiction.
No jury trials.
CSP case types:
• Tort, contract ($0/$7,500), small claims
($7,500).
• Misdemeanor, DWI/DUI.
• Traffic/other violation.
• Preliminary hearings.
Courts of
limited
jurisdiction
Jury trials in some case types.
Court structure charts 313
VERMONT COURT STRUCTURE, 2004
SUPREME COURT
A
5 justices sit en banc
CSP case types:
• Mandatory jurisdiction in civil, criminal, administrative agency, juvenile, original proceeding,
interlocutory decision cases.
• Discretionary jurisdiction in interlocutory decision cases.
FAMILY COURT
(14 counties)
SUPERIOR COURT
(14 counties)
DISTRICT COURT
(14 counties)
Judges assigned from superior
and district judges, 5 magistrates
15 judges
17 judges
CSP case types:
• Exclusive tort,
contract, real property
rights ($0/no
maximum), small
claims ($3,500), civil
appeals jurisdiction.
Miscellaneous civil.
• Felony.
CSP case types:
• Felony. Exclusive
misdemeanor,
DWI/DUI jurisdiction.
• Moving traffic,
miscellaneous traffic,
ordinance violation
jurisdiction.
Jury trials.
Jury trials.
CSP case types:
• Mental health.
• Domestic relations.
• Domestic violence.
• Exclusive juvenile jurisdiction.
No jury trials.
ENVIRONMENTAL COURT
(1 court, Montpelier)
PROBATE COURT
(18 districts)
VERMONT JUDICIAL
BUREAU*
2 judges
18 judges (part-time)
3 hearing officers
CSP case types:
• Administrative agency
appeals.
CSP case types:
• Mental health,
miscellaneous civil.
Exclusive estate jurisdiction.
• Adoption, miscellaneous
domestic relations.
CSP case types:
• Moving traffic,
ordinance violation,
parking,
miscellaneous
traffic.
No jury trials.
No jury trials.
No jury trials.
Court of
last resort
Court of
general
jurisdiction
Courts of
limited
jurisdiction
* Renamed Vermont Judicial Bureau as of 7/1/98, this court was formerly known as the Vermont Traffic and Municipal Ordinance Bureau.
Note: An additional 28 assistant judges participate in findings of fact in Superior and Family Court cases. Some assistant judges, after special training, may hear small claims
cases and traffic complaints, conduct criminal arraignments, and decide child support, parentage, and uncontested divorce proceedings. These assistant judges (who need not be
attorneys) are elected to four-year terms by voters in Vermont's 14 counties.
314 State Court Organization, 2004
VIRGINIA COURT STRUCTURE, 2004
SUPREME COURT
A
Court of
last resort
7 justices sit en banc and in panels
CSP case types:
• Mandatory jurisdiction in capital criminal, criminal, administrative agency, disciplinary cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile, disciplinary, original
proceeding, interlocutory decision cases.
COURT OF APPEALS
A
Intermediate
appellate
court
11 judges sit en banc and in panels
CSP case types:
• Mandatory jurisdiction in some civil, some administrative agency, some original proceeding cases.
• Discretionary jurisdiction in noncapital criminal cases.
CIRCUIT COURT (31 circuits, 120 courts)
155 judges
CSP case types:
• Tort, contract, real property rights ($3,000/no maximum), mental health, administrative agency appeals,
miscellaneous civil,civil appeals from trial courts, estate jurisdiction.
• Domestic relations.
• Felony, misdemeanor, criminal appeals.
• Ordinance violation.
A
Court of
general
jurisdiction
Jury trials.
DISTRICT COURT (32 districts; 191 general district, juvenile, and domestic relations courts)*
124 FTE general district and 112 FTE juvenile and domestic relations judges
CSP case types:
• Tort, contract, real property rights ($0/$15,000), mental health, small claims in Fairfax County ($1,000).
• Support/custody, interstate support, miscellaneous domestic relations.
• Felony, misdemeanor, domestic violence. Exclusive DWI/DUI jurisdiction.
• Ordinance violation. Exclusive moving traffic, parking, miscellaneous traffic jurisdiction.
• Exclusive juvenile jurisdiction.
• Preliminary hearings.
Court of
limited jurisdiction
No jury trials.
*The district court is referred to as the juvenile and domestic relations court when hearing juvenile and domestic relations cases and as the general district
court for the balance of the cases.
Court structure charts 315
WASHINGTON COURT STRUCTURE, 2004
SUPREME COURT
9 justices sit en banc and in panels
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile, certified questions from
federal court cases.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile, disciplinary, original
proceeding, interlocutory decision cases.
Court of
last resort
COURT OF APPEALS (3 courts/divisions)
22 judges sit in panels
CSP case types:
• Mandatory jurisdiction in civil, noncapital criminal, administrative agency, juvenile, original proceeding cases.
• Discretionary jurisdiction in administrative agency, interlocutory decision cases.
SUPERIOR COURT (31 districts in 39 counties)
A
179 judges
CSP case types:
• Tort, contract ($0/no maximum). Exclusive real property rights ($0/no maximum), estate, mental health,
civil appeals, miscellaneous civil jurisdiction.
• Exclusive domestic relations jurisdiction.
• Exclusive felony, criminal appeals jurisdiction.
• Exclusive juvenile jurisdiction.
MUNICIPAL COURT (125 courts)
Intermediate
appellate
court
Court of
general
jurisdiction
DISTRICT COURT* (44 courts in 56 locations
for 39 counties)
98 judges
109 judges
CSP case types:
• Misdemeanor, DWI/DUI, domestic violence.
• Moving traffic, parking, miscellaneous traffic,
ordinance violation.
Jury trials except in infractions and parking.
CSP case types:
• Tort, contract ($0/$50,000). Exclusive small
claims jurisdiction ($4,000).
• Misdemeanor, DWI/DUI, domestic violence.
• Moving traffic, parking, miscellaneous
(nontraffic) violations.
• Preliminary hearings.
Jury trials except in traffic and parking.
* District court provides services to municipalities that do not have a municipal court.
316 State Court Organization, 2004
Courts of
limited
jurisdiction
WEST VIRGINIA COURT STRUCTURE, 2004
SUPREME COURT OF APPEALS
A
5 justices sit en banc
Court of
last resort
CSP case types:
• No mandatory jurisdiction.
• Discretionary jurisdiction in civil, noncapital criminal, administrative agency, juvenile, disciplinary, certified
questions from federal courts, original proceeding, interlocutory decision cases.
CIRCUIT COURT (55 courts, 31 circuits)
A
65 judges
CSP case types:
• Tort, contract, real property rights ($300/no maximum). Exclusive mental health, estate, civil appeals
jurisdiction.
• Domestic relations.
• Misdemeanor, DWI/DUI. Exclusive felony, criminal appeals jurisdiction.
• Juvenile jurisdiction.
MAGISTRATE COURT (55 counties)
MUNICIPAL COURT (122 courts)
158 magistrates
122 judges (part-time)
CSP case types:
• Tort, contract, real property rights
($0/$5,000).
• Misdemeanor, DWI/DUI, domestic
violence.
• Moving traffic, miscellaneous traffic.
• Juvenile jurisdiction.
• Preliminary hearings.
CSP case types:
• DWI/DUI.
• Moving traffic, miscellaneous traffic.
Exclusive parking, ordinance violation
jurisdiction.
Jury trials.
Court of
general
jurisdiction
Courts of
limited
jurisdiction
Jury trials.
FAMILY COURT* (26 circuits)
35 judges
CSP case types:
• Domestic relations.
• Domestic violence.
Jury trials.
*The Family Court was created in 2002.
Court structure charts 317
WISCONSIN COURT STRUCTURE, 2004
SUPREME COURT
Court of
last resort
7 justices sit en banc
CSP case types:
• No mandatory jurisdiction.
• Discretionary jurisdiction in civil, criminal, administrative agency, disciplinary, certified questions
from federal courts, original proceeding, juvenile cases.
COURT OF APPEALS (4 districts)
16 judges (two 4-judge districts, one 3-judge district, one 5-judge district)
Intermediate
appellate
court
CSP case types:
• Mandatory jurisdiction in civil, criminal, administrative agency, juvenile cases.
• Discretionary jurisdiction in interlocutory decision cases.
CIRCUIT COURT (69 circuits/72 counties)
A
241 judges
CSP case types:
• Exclusive civil jurisdiction (including civil appeals). Small claims jurisdiction ($5,000).
• Exclusive domestic relations jurisdiction.
• DWI/DUI. Exclusive felony, misdemeanor jurisdiction.
• Contested moving traffic, parking, miscellaneous traffic. Ordinance violations if no municipal
court.
• Exclusive juvenile jurisdiction.
Court of
general
jurisdiction
Jury trials in most cases.
MUNICIPAL COURT (224 courts)
226 judges
CSP case types:
• DWI/DUI (first offense).
• Traffic/other violation.
No jury trials.
318 State Court Organization, 2004
Courts of
limited
jurisdiction
WYOMING COURT STRUCTURE, 2004
SUPREME COURT
A
5 justices sit en banc
CSP case types:
• Mandatory jurisdiction in civil, capital criminal, criminal, administrative agency, juvenile, disciplinary,
certified questions from federal courts, original proceeding cases.
• Discretionary jurisdiction in extraordinary writs (writs of review).
DISTRICT COURT (9 districts)
Court of
last resort
A
20 judges*
CSP case types:
• Tort, contract, real property rights ($1,000-$7,000/no maximum [depends on whether appeal is from county
court or justice of the peace court]). Exclusive mental health, estate, civil appeals, miscellaneous civil
jurisdiction.
• Exclusive domestic relations jurisdiction.
• Exclusive felony, criminal appeals jurisdiction.
• Exclusive juvenile jurisdiction.
Court of
general
jurisdiction
Jury trials.
CIRCUIT COURT** (23 courts in 9 circuits)
MUNICIPAL COURT (79 courts)
24 judges, 5 magistrates
2 judges (full-time), 73 judges (part-time)
CSP case types:
• Tort, contract, real property rights ($0/$7,000),
small claims ($3,000).
• Misdemeanor, DWI/DUI, domestic violence.
• Moving traffic, parking, miscellaneous
traffic/other violation.
• Preliminary hearings.
CSP case types:
• DWI/DUI.
• Moving traffic, parking, miscellaneous
traffic. Exclusive ordinance violation
jurisdiction.
Jury trials except in small claims.
Jury trials.
Courts of
limited jurisdiction
*The number of District Court judges increased to 21 in 2005.
** County Courts were renamed Circuit Courts and Justice of the Peace Courts were combined with the Circuit Courts in January 2003.
Court structure charts 319
| File Type | application/pdf |
| File Title | State Court Organization 2004 |
| Subject | Courts and sentencing and Court Organization |
| Author | National Center of State Court |
| File Modified | 2006-08-30 |
| File Created | 2006-06-13 |