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Full-Text Articles in Law
The Need For Judicial Reform, Tom C. Clark
The Need For Judicial Reform, Tom C. Clark
Washington Law Review
Mr. Justice Holmes once said that "one may criticize even what one reveres." With this caveat I shall proceed to offer some critical comments concerning the Washington judicial structure, its proliferation, its inefficiencies of operation and its methods of selecting and disciplining judges. I am well aware of Mr. Justice Brewer's observation that "many criticisms may be, like their authors, devoid of good taste." However, I shall endeavor to escape this categorization, remembering instead that "better all sorts of criticism than no criticism at all." Indeed, it is "open season" on the courts these days. As Mr. Justice Story reminds …
Unification, Funding, Discipline And Administration: Cornerstones For A New Judicial Article, Luvern V. Rieke
Unification, Funding, Discipline And Administration: Cornerstones For A New Judicial Article, Luvern V. Rieke
Washington Law Review
Need for adjustments in the structure and operation of the judiciary is occasioned by the same factors that require modification of other institutions and is more accurately described as a continuing process than as a response to a specific crisis. In recent years, however, demands upon existing judicial resources have burgeoned, and it has been said that the "old ways of doing things are clearly inadequate to meet the burdens imposed on our courts by the 'law explosion' of the mid-20th century." The legitimacy of these demands already has been recognized in Washington. Partial reform of the courts of limited …
Selection And Retention—A Judge's Perspective, Robert F. Utter
Selection And Retention—A Judge's Perspective, Robert F. Utter
Washington Law Review
If all persons are to be treated equally in our courts, the process of selecting judges to oversee courts must be one that insures selection of efficient, intelligent and compassionate judges. It must also be one that insures selection and retention of judges who are truly able to administer, and give the impression that they are administering, their duties impartially to all. Toward this end, the Citizens' Committee on Washington Courts examined the current process for selecting judges and recommended a constitutional amendment which, if approved, would substantially improve the process by which judges are now selected in Washington state.
Symposium: Comprehensive Judicial Reform—A Timely Alternative To Piecemeal Modification. Introduction, Anon
Washington Law Review
The Washington Legislature currently has before it SJ. Res. 113, a proposal to comprehensively reform the judicial system in Washington by amending Article IV of the Washington constitution. The proposed changes include a new system for selecting, disciplining and removing judges; a new procedure for financing and administering the courts; and unification of Washington's judicial system. Carefully analyzing this proposal for judicial reform in Washington, United States Supreme Court Justice Tom C. Clark (retired), Washington Supreme Court Justice Robert F. Utter, and Professor Luvern V. Rieke probe and discuss the substantive issues raised by the legislation. Their analysis should be …