Delay in State Appellate Courts of Last Resort

John R. Dethmers
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John R. Dethmers: Supreme Court of Michigan

The ANNALS of the American Academy of Political and Social Science, 1960, vol. 328, issue 1, 153-163

Abstract: Delays in appeals occur first in filing them, sec ond in preparing and submitting them for decision, third in the courts' consideration and disposition of them. The first may be met by court rule requiring filing within specified num ber of days after decision in trial court. Delays in submission, due to procrastination of lawyers, decrease upon adoption of a rule providing for dismissal of appeals, automatically or on a court's own motion, when not submitted promptly. Some delays in hearing appeals are due, as are delays in deciding them, to the courts' inability or failure to keep up with work- loads. Suggested means of increasing productiveness of judges include change in methods of judicial selection and improved compensation and facilities to attract the ablest lawyers to the bench. Among proposals for meeting today's increased case-loads are elimination of requirement that highest courts write opinions in every case decided, enlarging court member ship, divisional sittings of the courts, placing restrictions on right of appeal, furnishing courts with legally trained clerks or commissioners, or establishment of intermediate courts of appeal. Advantages and disadvantages are found in each. The object of proposals is not only to expedite appellate opera tion but to improve the quality of the product.

Date: 1960
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Persistent link: https://EconPapers.repec.org/RePEc:sae:anname:v:328:y:1960:i:1:p:153-163

DOI: 10.1177/000271626032800118

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