State Court Journal Dated: (Spring 1984) Pages: 10-13
This study documents the extent and types of use of lawyers to supplement judicial resources and presents guidelines for the establishment and operation of such programs.
A questionnaire was sent to and a statutory survey was made of all 50 States and the District of Columbia to determine the kinds of judicial adjunct programs currently permitted. The adjunct programs encompass alternative dispute resolution (lawyers as mediators and arbitrators); settlements conferences (case evaluation by a disinterested third party); quasi-judges (may compel testimony, hold hearings, and recommend findings of fact and law to the supervising judge); magistrates (limited judicial duties); pro tempore judges (temporary full judicial powers); and pro tem judges on the appellate bench. A second stage of the project involved visits to four general jurisdiction trial courts that use judicial adjuncts extensively and a visit to an Oklahoma appellate court. The general jurisdiction courts are in Phoenix, Ariz.; Orange County, Calif.; Pittsburgh, Pa.; and Seattle, Wash. Judicial adjunct programs in these jurisdictions are briefly described. The preliminary guidelines presented pertain to the use of lawyers to supplement judicial resources, the establishment of a judicial adjunct program, the scope of judicial adjunct programs, personnel selection, orientation and training, party consent to appear before a judicial adjunct, ethical considerations, compensation, and facilities and other resources. 5 notes.
Date Published: January 1, 1984