Courts Challanges in the United States

Challenges Facing the Courts

Introduction to Courts Challanges

Most courts, both federal and state, are overwhelmed by a backlog of cases. In some urban courts, litigants may have to wait between three and four years before their cases are heard. Individual federal judges often have dockets (calendars) of several hundred cases that may take years to address. One reason for the backlog is the increase in lawsuits and appeals filed. Many suits will be dismissed by the court or settled by the parties, but every suit filed requires some judicial attention. Another reason for the backlog in the courts is understaffing and lack of modern equipment, such as computers to organize files. In most states and in the federal system, the courts do not have sufficient funds to increase staff or update equipment. The courts often compound these problems with inefficient administrative procedures that permit and sometimes even encourage delay.

In recent years, many judgeships have been left vacant after the retirement of presiding judges. Presidents and governors have been slow to appoint new judges. For political reasons, Congress especially has been slow to confirm judges who are appointed. The appointment or election of unqualified judges is also a continuing problem. Although reformers who worked during the 1960s to change state laws to provide for the appointment (rather than election) of judges hoped this change would insulate the court from political influences, in many states officials continue to grant judgeships to reward their supporters. These individuals may be unqualified to serve on the bench.

With the development of televised trials, the courts are facing more public scrutiny, and sometimes outright hostility, than ever before. Public criticism is not new, of course. Some criticism is political and stems from the very role that the courts play. Legislatures and executives often duck problems-either ignoring them or writing and attempting to enforce poorly written laws-leaving it to the courts to sort out ticklish legal and political problems. On occasion, to satisfy constituents, legislatures have even enacted laws they believe to be unconstitutional, waiting for the courts to overturn the laws and face the public’s wrath. Public criticism of the courts is more intense when public opinion is divided because judicial decisions will inevitably conflict with one side or the other.” (1)

Resources

Notes and References

• Information about Courts Challanges in the Encarta Online Encyclopedia

Guide to Courts Challanges

In this Section

• Courts in the United States

• Courts Development, Federal Courts, District Courts, Courts of Appeals, Supreme Court, Courts of Special Jurisdiction, Territorial Courts, State Courts, Courts of Limited Jurisdiction, Courts of General Jurisdiction, Intermediate Appellate Courts, Supreme Appellate Courts, Courts Challanges, Courts of Appeals