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respective service and, in some cases, to the secretary of the department. The public has been given a look at judge advocates through film and television. For example, the movie A Few Good Men (1992) portrays judge advocates as prosecutors for military crimes. However, the duties of a judge advocate extend far beyond the military court- room. Since the 1970s, judge advocates have played a key role in the planning of military strategy for top-secret missions and other wartime issues. Further, judge advocates, along with commanding officers of the armed services, take part in the development and application of rules of engagement, which guide U.S. troops in their use of force. One of the most important rules that involve judge advocates is target planning. When decid- ing whether something is a proper target, a judge advocate must first determine that it is a military necessity for the enemy. If it passes the first test, the judge advocate must investigate whether civilians will be affected. Finally, judge advocates must perform a balancing test. The possible loss of civilians and their property— often referred to as “collateral damage”—cannot be excessive, as compared to the military gain achieved by the attacks. Judge advocates also identify targets that are off-limits. In these war- time contexts, target selection clearly becomes a life-or-death decision. During the VIETNAM WAR, only one judge advocate was called upon by the U.S. Air Force to give operations law advice. Major Walter Reed, who would later become judge advocate general of the U.S. Air Force, advised which targets were restricted by the military’s rules of engagement and the Law of War, the codified laws created by the Hague Convention in 1907, to which most nations adhere. However, in 1972 Air Force General John D. Lavelle attacked targets in North Vietnam and thus violated the rules of engagement. Lavelle claimed that his superiors had supported the attacks and that the targets had been included in the rules of engagement when, in fact, they had not been. It then became clear that the drafting, training, and execution of the rules of engagement needed more careful review. The Joint Chiefs of Staff Peacetime Rules of Engagement (later renamed the Standing Rules of Engagement) were established, and judge advocates were called upon to interpret the rules and to advise combat commanders in the planning and execution of military operations. Now, judge advocates are the primary developers of the rules of engagement and their application for military missions. All use of force must be authorized by these rules. In addition, the rules must be clear, yet flexible, so that a soldier is able to make an on-the-spot decision in critical situations. During Operation Desert Shield and Opera- tion Desert Storm, more than 250 judge advocates were stationed in Saudi Arabia. The judge advocates provided significant support, which included the review of all target lists, the training of troops on the rules of engagement, parachuting in with army troops, and deciding the issue of whether the enemy could be buried alive—to which the answer was yes. The judge advocates printed pocket-size cards, which pro- vided peacetime and wartime rules, for troops to carry. The important role played by judge advo- cates continued as the United States attacked Afghanistan, in 2001, and Iraq, in 2003, as part of the WAR ON TERRORISM. The capture, incarcer- ation, and trial of enemy combatants required judge advocates to represent TERRORISM suspects. A number of judge advocates objected to the rules governing the military commissions that would try the prisoners, arguing that they violated constitutional principles. In addition, some of the judge advocates sought HABEAS CORPUS rights for the prisoners they represented. The U.S. Supreme Court agreed in two cases, ruling that prisoners could file petitions for habeas corpus that challenged their imprisonment. FURTHER READINGS Judge Advocate General’s Legal Center and School Website. Available online at www.jagcnet.army.mil/tjagsa (accessed October 17, 2009). JUDGMENT A decision by a court or other tribunal that resolves a controversy and determines the rights and obligations of the parties. A judgment is the final part of a court case. A valid judgment resolves all the contested issues and terminates the lawsuit, because it is regarded as the court’s official pronouncement of the law on the action that was pen ding before it. It states who wins the case and what remedies the winner is awarded. Remedies may include money damages, injunctive relief, or both. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 58 JUDGMENT A judgment also signifies the end of the court’s jurisdiction in the case. The Federal Rules of CIVIL PROCEDURE and most state rules of civil procedure allow appeals only from final judgments. A judgment must be in writing and must clearly show that all the issues have been adjudicated. It must specifically indicate the parties for and against whom it is given. Monetary judgments must be definite, specified with certainty, and expressed in words rather than figures. Judgments affecting real property must contain an explicit description of the realty so that the land can easily be identified. Once a court makes a judgment, it must be dated and docketed with the court adminis- trator’s office. Prior to modern computer data- bases, judgments were entered in a docket book, in alphabetic order, so that interested outsiders could have official notice of them. An index of judgments was prepared by the COURT ADMINIS- TRATOR for record keeping and notification purposes. Most courts record their judgments electronically and maintain computer docketing and index information. Though the means of storing the information are different, the basic process remains the same. A court may amend its judgment to correct inaccuracies or ambiguities that might cause its actual intent to be misconstrued. Omissions, erroneous inclusions, and descriptions are cor- rectable. However, persons who were not parties to the action cannot be b rought into the lawsuit by an amended judgment. The Federal Rules of Civil Procedure allow a judgment to be amended by a motion served within ten days after the judgment is entered. State rules of civil proce- dure also permit amendment of a judgment. Different types of judgments are made, based on the process the court uses to make the final decision. A judgment on the merits is a decision arrived at after the facts have been presented and the court has reached a final determination of which party is correct. For example, in a NEGLIGENCE lawsuit that is tried to a jury, the final decision will result in a judgment on the merits. A judgment based solely on a procedural error is a dismissal WITHOUT PREJUDICE and generally will not be considered a judgment on the merits. A party whose case is dismissed without prejudice can bring the suit again as long as the procedural errors are corrected. A party that receives a judgment on the merits is barred from relitigating the same issue by the doctrine of RES JUDICATA. This doctrine establishes the principle that an issue that is judicially decided is decided once and for all. A summary judgment may occur very early in the process of a lawsuit. Under Rule 56 of the Federal Rules of Civil Procedure and analogous state rules, any party may make a motion for a summary judgment on a claim, counterclaim, or CROSS-CLAIM when he or she believes that Enforcement of Foreign Judgments T B he principle of territoriality generally limits the power of a state of judicial enforcement of actions to be taken within its territory. Consequently, when a judgment is to be enforced out of property in another state, or requires some act to be done in that other state, the judgment must be brought to the judicial tribunals of the second state for implementa- tion. This allows the judicial tribunal of the enforcing state to examine the judgment to determine whether it should be recognized and enforced. Conditions for recognizing and enforcing a judgment of a court of another country may be established by treaty or follow general principles of international law. Under those princi ples, a court ofonestatewillenforceaforeignjudgmentif (1) the judgment is final between the parties; (2) the court that granted the judgment was competent to do so and had jurisdiction over the parties; (3) regular proceedings were followed that allowed the losing party a chance to be heard; (4) no fraud was worked upon the first court; and (5) enforce- ment will not violate the public policy of the enforcing state. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION JUDGMENT 59 there is no genuine issue of material fact and that he or she is entitled to prevail as a MATTER OF LAW . A motion for summary judgment can be directed toward the entire claim or defense or toward any portion of the claim or defense. A court determines whether to grant summary judgment. A JUDGMENT NOTWITHSTANDING THE VERDICT is a judgment in favor of one party despite a VERDICT in favor of the opposing litigant. A court may enter a judgment notwithstanding the verdict, thereby overruling the jury verdict, if the court believes there was insufficient evidence to justify the jury’s decision. A consent judgment, or agreed judgment, is a final decision that is entered on agreement of the litigants. It is examined and evaluated by the court, and, if sanctioned by the court, is ordered to be recorded as a binding judgment. Consent judgments are generally rendered in domestic relations cases after the husband and w ife agree to a property and support settlement in a divorce. A DEFAULT JUDGMENT results from the named defendant’s failure to appear in court or from one party’s failure to take appropriate proce- dural steps. It is entered upon the failure of the party to appear or to plead at an appropriate time. Before a default judgment is entered, the DEFENDANT must be properly served notice of the pending action. The failure to appear or answer is considered an admission of the truth of the opposing party’s pleading, which forms the basis for a default judgment. A DEFICIENCY JUDGMENT involves a creditor and a debtor. Upon a debtor’s failure to pay his or her obligations, a deficiency judgment is rendered in favor of the creditor for the difference between the amount of the indebtedness and the sum derived from a judicial sale of the debtor’s property held in order to repay the debt. Once a judgment is entered, the PREVAILING PARTY may use it to collect damages. This may include placing a judgment LIEN on the losing party’s real property, garnishing (collecting from an employer) the losing party’s salary, or attaching the losing party’s PERSONAL PROPERTY. A judgment lien is a claim against the real estate of a party; the real estate cannot be sold until the judgment holder is paid. Attachment is the physical seizure of property owned by the losing party by a law officer, usually a sheriff, who gives the property to the person holding the judgment. Under the FULL FAITH AND CREDIT CLAUSE of the Constitution, a judgment by a state court must be fully recognized and respected by every other state. For example, suppose the prevailing party in a California case knows that the defendant has assets in Arizona that could be used to pay the judgment. The prevailing party may docket the California judgment in the Arizona county court where the defendant’s property is located. With the judgment now in effect in Arizona, the prevailing party may obtain a writ of execution that will authorize the sheriff in that Arizona county to seize the property to satisfy the judgment. Once a judgment has been paid by the losing party in a lawsuit, that party is entitled to a formal discharge of the obligation, known as a satisfaction of judgment. This satisfaction is acknowledged or certified on the judgment docket. FURTHER READINGS Farnsworth, Ward. 2007. The Legal Analyst: A Toolkit for Thinking about the Law. Chicago: Univ. of Chicago Press. McCarter, W. Dudley, and Christopher L. Kanzler. 2000. “Dismissal without Prejudice: A Trap For the Unwary!” Journal of the Missouri Bar 56. Tunick, Mark. 2000. Practices and Principles: Approaches to Ethical and Legal Judgment. Princeton, NJ: Princeton Univ. Press. JUDGMENT CREDITOR A party to which a debt is owed that has proved the debt in a legal proceeding and that is entitled to use judicial process to collect the debt; the owner of an unsatisfied court decision. A party that wins a monetary award in a lawsuit is known as a judgment creditor until the award is paid, or satisfied. The losing party, which must pay the award, is known as a judgment debtor. A judgment creditor is legally entitled to enforce the debt with the assistance of the court. State laws provide remedies to a judgment creditor in collecting the amount of the judg- ment. These measures bring the debtor’s property into the custody of the court in order to satisfy the debtor’s obligation: They involve the seizure of property and money. The process of enforcing the judgment debt in this way is called execution. The process commences with a hearing called a supplementary proceeding. The judgment debtor is summoned to appear before the court for a hearing to determine the nature and value of the debtor ’s property. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 60 JUDGMENT CREDITOR If the property is subject to execution, the court orders the debtor to relinquish it. Because debtors sometimes fail to surrender property to the court, other means of satisfying the debt may be necessary. In these cases the law refers to an unsatisfied execution—an outstand- ing and unfulfilled order by the court for property to be given up. Usually this will lead the judgment creditor to seek a writ of attach- ment, the legal means by which property is seized. To secure a writ of attachment, the judgment creditor must first place a judgment LIEN on the property. Also called an encum- brance, a lien is a legal claim on the debtor’s property that gives the creditor a qualified right to it. Creditors holding liens are called secured creditors. The writ of attachment sets in motion the process of a levy, by which a sheriff or other state official actually seizes the property and takes it into the physical possession of the court. The property can then be sold to satisfy the debt. Occasionally the judgment creditor is frus- trated in the course of enforcing a judgment debt. Debtors may transfer property to another owner, which makes collection through attach- ment more difficult. Liens on property usually prevent the transfer of ownership. Where a transfer of ownership has occurred, state laws usually allow the judgment creditor to sue the third party who now possesses the property. Some states provide additional statutory relief to creditors in cases where debtors fraudulently transfer assets in order to escape a judgment debt. Florida’s Uniform Fraudulent Transfer Act (Fla. Stat. § 726.101 et seq.), for instance, allows creditors more time to pursue enforce- ment of the debt. Another process for recovery is garnishment, which targets the judgment debtor’s salary or income. Through garnishment a portion of the judgment debtor’s income is regularly deducted and paid to the judgment creditor. The creditor is known as a garnishor, and the debtor as a garnishee. FURTHER READINGS Bakale, Anthony. 2005. “When Is an Assignee or Judgment Creditor Taxed on Partnership Income?” The Tax Adviser (July 30). Blum, Brain A. 2006. Bankruptcy and Debtor/Creditor. Frederick, MD: Aspen. Lippman, Steven N. 1996. “Proceedings Supplementary and Uniform Fraudulent Transfer Act Dual Remedies to Execute against a Judgment Debtor’s Transferred Assets.” Florida Bar Journal 70 (January). JUDGMENT DEBTOR A party against which an unsatisfied court decision is awarded; a person who is obligated to satisfy a court decision. The term judgment debtor describes a party against which a court has made a monetary award. If a court renders a judgment involving money damages, the losing party must satisfy the amount of the award, which is called the judgment debt. Such a decision gives the winner of the suit, or judgment creditor, the right to recover the debt, or award, through extraordi- nary means, and the court may help the creditor do so. State law governs how the debt may be recovered. Although the recovery process can be harsh, the law provides the debtor with certain rights and protection. Following the VERDICT, other legal steps are usually taken against the judgment debtor. The court can order the debtor to appear for an oral hearing to assess the debtor’s assets. If it is determined that the debtor has assets sufficient to satisfy the judgment debt, the court may order the debtor to surrender certain property to it. Commonly the judgment creditor must take additional legal action. This involves seeking the court’s assistance in seizing the debtor’s property, by the process known as attachment, or a portion of the debtor’s salary, by the process called garnishment. For centuries, attachment of property was allowed ex parte—without first allowing the DEFENDANT debtor to argue against it. However, contemporary law affords the debtor some pro- tection. The debtor has the right to minimal due process. States generally require that the judgment creditor first secure a writ of attachment, that the debtor be given notice before seizure occurs, and that the debtor have the right to a prompt hearing afterward to challenge the seizure. Other protections apply to both property and wages. First, not every kind of property is subject to attachment. States provide exemptions for certain household items, clothing, tools, and other essentials. Additional provisions may protect individuals in cases of extreme hardship. Where the creditor seeks garnishment in order to seize the judgment debtor’s wages, laws generally exempt a certain amount of the salary that is necessary for personal or family support. Courts can exercise their discretion to go beyond the statutory protections for judgment debtors. They can exempt more property from GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION JUDGMENT DEBTOR 61 attachment than that specified in a statute. In some cases they can also deny the attachment or garnishment altogether. This can occur when the creditor seeks more in property than the value of the judgment debt, or where the property sought is an ongoing business that would be destroyed by an attachment. JUDGMENT DOCKET A list under which judicial orders of a particular court are recorded by a clerk or other designated officer to be available for inspection by the public. A judgment docket serves an important function by providing parties interested in learning of the existence of a judgment or a LIEN on property to enforce a judgment with access to such information. The recording of a judgment in a judgment docket is considered official notice to all parties of its existence. The rules of procedure of the particular court govern the maintenance of the judgment docket. JUDGMENT NOTE A promissory note authorizing an attorney, holder, or clerk of court to appear for the maker of the note and confess, or assent to, a judgment to be entered against the maker due to default in the payment of the amount owed. A judgment note is also called a COGNOVIT NOTE and is invalid in many states. JUDGMENT NOTWITHSTANDING THE VERDICT A judgment entered by the court in favor of one party even though the jury returned a verdict for the opposing party. The phrase “judgment notwithstanding the verdict” is abbreviated JNOV, which stands for its Latin equivalent, judgment “non obstante veredicto.” The remedy of JNOV applies only in cases decided by a jury. Originally this remedy could be entered only in favor of the PLAINTIFF, and the similar remedy of ARREST OF JUDGMENT could be entered only in favor of the DEFENDANT. Under modern law a JNOV is generally available to both plaintiffs and defendants, and an arrest of judgment is primarily used with judgments in criminal cases. A JNOV is proper when the court finds that the party bearing the BURDEN OF PROOF fails to make out a PRIMA FACIE case (a case that on first appearance will prevail unless contradicted by evidence). To be granted relief by a JNOV, a party must make a motion seeking that relief. The motion generally must be made in writing and must set forth the specific reasons entitling the party to relief. Many statutes and rules require that the moving party must have previously sought a DIRECTED VERDICT, and that the grounds for the JNOV motion be the same or nearly the same as those for the directed VERDICT.A directed verdict is a request by a party that the judge enter a verdict in that party’s behalf before the case is submitted to the jury. Although a jury generally must return a verdict before a motion for JNOV can be made, if the jury does not agree on a verdict, as in a jury deadlocked, some courts will hear a motion for JNOV. However, some statutes do not permit a court to hear a motion for JNOV under such circumstances. In deciding a motion for JNOV, the court is facing questions only of law, not fact. The court must consider only the evidence and any inferences therefrom, and must do so in the light most advantageous to the nonmoving party. The court must resolve any conflicts in favor of the party resisting the motion. If there is enough evidence to make out a prima facie case against the moving party, or evidence tending to support the verdict, then the court must deny the motion for JNOV. Some courts maintain that if there is a conflict of evidence, such that the jury could decide either way based on factors such as the credibility of witnesses, the court should deny the motion. Courts approach motions for JNOV with extreme caution and generally will grant them only in clear cases in which the evidence overwhelmingly supports the moving party. In entering a JNOV, the court is simply reversing the jury’s verdict; the motion cannot be the basis for increasing or decreasing the verdict. When granting a JNOV, the court needs to independently assess the damages or order a new trial on the issue of damages. Under the Federal Rules of CIVIL PROCEDURE, both a JNOV and a motion for directed verdict are now encompassed within a motion for judgment as a MATTER OF LAW. The change is one of terminology only and not of subst ance. Many state statutes or rules of court provide for the remedy of a JNOV, although they may call it something different. The applicable state statutes GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 62 JUDGMENT DOCKET or rules are substantially similar to the federal rules. A motion for JNOV is made at the close of all the evidence, after the jury returns a verdict, within a period of time specified by statute. An order granting a motion for a JNOV is often considered a delayed-action directed verdict because it presents the same issues. In fact, in some jurisdictions the denial of a motion for a directed verdict is a prerequisite to the entry of a JNOV. If the particular case involves several plaintiffs or defendants, each of them must separately make a proper motion for a directed verdict in order to move properly for a JNOV later. Current procedure holds a motion for JNOV proper when a prior motion for a directed verdict has been denied. If the court denies a motion for a directed verdict after all the evidence has been presented, then the court is deemed to have submitted the case to the jury subject to a later determination of the legal issues raised by the motion, and the court may grant a motion for JNOV after the jury returns a verdict. To promote judicial economy, some sta- tutes, including the federal rules, permit a party to make alternative motions for a JNOV and for a new trial. Those motions can also be made separately. The statutes that permit the alterna- tive motions generally provide that the motions should be decided together, such that the trial court’s rulings can be reviewed together on appeal. If the court denies the motion for a new trial, then the alternative motion for JNOV is also assumed to be denied. If the court grants the motion for a new trial, then the motion for JNOV is deemed to be effectively disposed of or denied. The court does not have to rule on the motion for JNOV if the motion presents the same issues on which the court ruled in considering motions for a directed verdict and for a new trial. Some court rules and statutes, including the federal rules, provide that a court may grant both of the alternative motions, even though they are inconsistent. Courts may avoid the inconsistency by providing that the ruling granting a new trial is effective only if the ruling granting a JNOV is overturned on appeal. In fact, federal courts have held that it is the duty of the trial court to so condition an order granting these alternative motions. FURTHER READINGS Clarkson, Kenneth W., et al. Business Law: Tex and Cases. Eagan, MN: West. Parker, Joel A. 1999. “Capping Judicial Discretion: Drawing the Line for Oregon Trial Judges in Granting Motions for Judgment Notwithstanding the Verdict of a New Trial in Civil Cases.” Oregon Law Review 78 (summer). Available online at https://scholarsbank.uoregon. edu/xmlui/bitstream/handle/1794/4437/parker.pdf? sequence=1; website home page: https://scholarsbank. uoregon.edu (accessed September 14, 2009). Postel, Theodore. 1999. “Judgment Notwithstanding the Verdict.” Chicago Daily Law Bulletin 145 (January 6). Wisotsky, Steven. 2009. Professional Judgment on Appeal. Durham, NC: Carolina Academic. Yeazell, Stephen C. 2009. Federal Rules of Civil Procedures: With Selected Statutes and Cases. Frederick, Md.: Aspen. JUDGMENT PROOF A term used to describe an individual who is financially unable to pay an adverse court decision awarding a sum of money to the opposing party. A judgment-proof individual has no money or property within the jurisdiction of the court to satisfy the judgment or is protected by wage laws that exempt salaries and property from formal judicial process. JUDICARE To decide or determine in a judicial manner. In civil and old ENGLISH LAW, judicare means to judge, to pass judgment or sentence, or to decide an issue in an impartial fashion. It refers to the interpretation and application of the laws to the facts and the administration of justice. JUDICATURE A term used to describe the judicial branch of government; the judiciary; or those connected with the court system. Judicature refers to those officers who admi- nister justice and keep the peace. It signifies a tribunal or court of justice. The JUDICATURE ACTS of England are the laws that established the present court system in England. JUDICATURE ACTS English statutes that govern and revise the organi- zation of the judiciary. Parliament enacted a series of statutes in 1873 during the reign of Queen Victoria that changed and restructured the court system of England. Consolidated and called the JUDICATURE Act of 1873, these enactments became effective on November 1, 1875, but were later amended GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION JUDICATURE ACTS 63 in 1877. As a result, superior courts were consolidated to form one supreme court of judicature with two divisions, the High Court of Justice, primarily endowed with ORIGINAL JURIS- DICTION , and the COURT OF APPEAL, which possessed appellate jurisdiction. The current court system of England is organized according to the Judicature Acts, which w ere redrafted in 1925 as the Supreme Court of Judicature (Consolidation) Act and which made the Court of Appeals, consisting of a civil division and criminal division, the center of the English judiciary. JUDICIAL Relating to the courts or belonging to the office of a judge; a term pertaining to the administration of justice, the courts, or a judge, as in judicial power. A judicial act involves an exercise of discre- tion or an unbiased decision by a court or judge, as opposed to a ministerial, clerical, or routine procedure. A judicial act affects the rights of the parties or property brought before the court. It is the in terpretation and application of the law to a particular set of facts contested by litigants in a court of law, resulting from discretion and based upon an evaluation of the evidence presented at a hearing. Judicial connotes the power to punish, sentence, and resolve conflicts. JUDICIAL ACTION The adjudication by the court of a controversy by hearing the cause and determining the respective rights of the parties. A judgment, decree, or decision rendered by a court, which concerns a contested issue brought before the tribunal by parties who voluntarily appear or who have been notified to appear by SERVICE OF PROCESS. It is the interpre- tation, application, and enforcement of existing law relating to a particular set of facts in a particular case. JUDICIAL ACTION is the determina- tion of the rights and interests of adverse parties. Judicial action is taken only when a justiciable controversy arises or where a claim of right is asserted against a party who has an interest in contesting that claim. A court does not make a decision when a hypothetical dif- ference exists but only when there is an actual controversy affecting the rights and interests of the parties. JUDICIAL ADMINISTRATION The practices, procedures, and offices that deal with the management of the administrative systems of the courts. Judicial administration, also referred to as court administration, is concerned with the day-to-day and long-range activities of the court system. Every court in the United States has some form of administrative structure that seek s to enhance the work of judges and to provide services to attorneys and citizens who use the judicial system. Since the 1970s the administra- tion of the courts has played a central role in the j udiciary’s response to increased court filings and shrinking budgets. The administration of the courts has tradi- tionally been concerned with overseeing budgets, selecting juror pools, assigning judges to cases, creating court calendars of activities, and super- vising nonjudicial personnel. Often administra- tive decisions are made by judges, either individually or as a group. Clerks of court, now more commonly known as court administrators, and their staff are called on to accept the filing of court documents, to maintain a file system of cases and a record of all final judgments, and to process paperwork generated by judges. Early in the twentieth century, ROSCOE POUND, a noted jurist and scholar, called for the reform of court administration to ensure efficiency, accuracy, and consistency in the judicial system. Nevertheless, few systematic attempts to mod- ernize and rationalize courts were made until the early 1970s. In 1971 the creation of the National Center for State Courts (NCSC)—an independent, nonprofit organization dedicated to the improvement of justice—provided local and state courts with technical assistance on how to modernize. The NCSC, located in Williamsburg, Virginia, was started at the urging of Chief Justice WARREN E. BURGER,who saw a need for leadership in this field. The staffing of administrative personnel in the courts has changed since the 1970s. The Institute for Court Management (ICM), a division of the NCSC, develops court leaders through education, training, and a court executive development program. The ICM has provided valuable assistance to thousands of court administrators in the United States, disseminating information on new methods and techniques of court administration. More court administrators now have college and GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 64 JUDICIAL advanced degrees, and many have attended law school. Judicial administration has largely been taken over by court managers. State courts are organized at the state level, under the direction of a state COURT ADMINISTRATOR. State court administration oversees legislative budgets, per- sonnel administration, and court research and planning. Planning for the future is an integral part of the administrative agenda. The federal courts are organized somewhat differently. There is at least one U.S. district court in each state, but states with larger populations have two or more. There is a clerk of court in each federal district who has duties similar to that of a state court administrator. Court administrators explore alternative ways of managing court cases, often by statisti- cal research. Various systems of case manage- ment are employed in the Unite d States, but the trend has been to seek methods that reduce the amount of time a case remains active in the courts. Consequently, judges often have less control over their time as court managers set out the work that must be accomplished. Computers have also reshaped the adminis- tration of the courts. Before the 1980s courts recorded everything on paper. With the inte- gration of computers and database software, case information is now recorded and retrieved electronically. The use of new technology has improved the efficiency of court administration. Appellate courts distribute court opinions and court rules through computer bulletin boards and the Internet. Some courts allow access to their database information through computer modems. Another function of judicial administration is to eliminate bias. Many state court systems have appointed committees and task forces to investigate racial and gender bias in the courts. Court administrators have been charged with developing ways of eliminating bias, ensuring diversity in the court system, and providing easier access to the courts for pro se litigants, also called pro per litigants in some jurisdictions, (persons representing themselves without an attorney). The certification of court interpreters for testimony given in languages other than English has emerged as a leading issue in court administration. New divisions of administrative oversight have developed since the 1970 s. Offices of PROFESSIONAL RESPONSIBILITY, which administer and investigate ethical complaints against law- yers, are commonplace. Many states require that lawyers take CONTINUING LEGAL EDUCATION (CLE) courses so as to maintain professional competence. Offices have been created in state court administration to accredit CLE programs and to monitor compliance by lawyers. JUDICIAL ASSISTANCE Aid offered by the judicial tribunals of one state to the judicial tribunals of a second state. Judicial assistance may consist of the en- forcement of a judgment rendered by a court of another state or other actions to assist curre nt judicial proceedings taking place in the state requesting the cooperation of the foreign court. A letter rogatory,theformaltermforsucha request, asks a foreign court to take some judicial action, such as issue a summons, compel pro- duction of documents, or take evidence. Treaties may be concluded between countries to establish regular methods of transmitting these requests and to assure reciprocal treatment in furnishing assistance. CROSS REFERENCE Letters Rogatory. JUDICIAL CONDUCT See CODE OF JUDICIAL CONDUCT. JUDICIAL CONFERENCE OF THE UNITED STATES The JUDICIAL CONFERENCE OF THE UNITED STATES formulates the administrative policies for the federal courts. The Judicial Confere nce also makes recommendations on a wide range of topics that relate to the federal courts. The conference is chaired by the chief justice of the U.S. Supreme Court. Other members include the chief judge of each federal judicial circuit, one district judge from each federal judicial circuit, and the chief judge of the U.S. Court of International Trade. The Judicial Conference was created in response to a need for uniformity in rules and procedures in the federal court system. In the early 1920s, Chief Justice WILLIAM H. TAFT,ofthe Supreme Court, led a reform effort that urged centralized review of federal district courts. Until that time, the procedures and practices in GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION JUDICIAL CONFERENCE OF THE UNITED STATES 65 federal trial courts varied widely from circuit to circuit, causing confusion among attorneys and judges. The result of the reform effort was the passage in 1922 of a federal statute that created the Conference of Senior Circuit Judges (Pub. L. No. 67-297, 423 Stat. 837, 838). The Conference of Senior Circuit Judges was renamed the Judicial Confe rence of the United States in 1948 (Act of June 25, 1948, ch. 646, 62 Stat. 902, § 331 [co dified as amended at 28 U.S.C.A. § 331 (1988)]). The Judicial Conference is a creation of Congress, and it has only the powers that Congress gives it. Its membership and duties have been expanded by Congress, but its primary missions have remained the same. The Judicial Conference performs two major functions. The first is to study and offer impro- vements on federal court rules and procedures. These rules and procedures cover matters ranging from the sentencing of a criminal DEFENDANT to the service of a complaint and court summons on a civil defendant. The second major function of the Judicial Conference is to supervise the administration of the federal courts. In its administrative capacity, the Judicial Conference oversees the Administrative Office of the U.S. Courts. This is the administrative nerve center of the federal courts. The Judicial Conference formulates the fiscal and personnel policies for the federal courts, and the Admin- istrative Office implements those policies. The Judicial Conference also reviews orders that judicial councils for the federal circuits issue on complaints of judicial misconduct or judicial disability, and it may reassign federal judges to different federal courts. The final decision on administrative matters that are not covered by existing statutes, rules, and regula- tions is made by the judicial council of the appropriate federal circuit. The Judicial Conference recommends ways to improve rules and procedures in the federal courts. Its recommendations do not carry the force of law, but the conference is widely recognized as the authority on federal court rules and procedures. The Judicial Conference makes yearly sug- gestions on legislation to Congress and recom- mendations on federal court rules to the U.S. Supreme Court. The Supreme Court fashions the rules for federal courts and submits them to Congress for final approval. The attorney general of the United States, by request of the chief justice of the Supreme Court, is required to report to the Judicial Conference on the business of the federal courts. Under the Judicial Con- ference statute, 28 U.S.C.A. 331, the attorney general’s reports must discuss with particularity the progress of cases in which the U.S. gov- ernment is a party. The Judicial Conference may offer its opinion on legislation passed by Congress that affects the rules and procedures of the federal courts. For example, in 1990 the Federal Courts Study Commission of the Judicial Conference released a study that was critical of federal legislation on mandatory minimum sentences for criminal defendants. Also in the 1990s, the Judicial Conference publicly opposed federal legislation that limited the right of a criminal defendant to file HABEAS CORPUS petitions in federal court. For persons in prison, habeas corpus petitions are usually the last chance for court review of their criminal conviction. The Judicial Conference has established committees that specialize in certain topics, including court schedules (known as dockets), court budgets, judicial conduct, and the disclo- sure of finances by judges and the federal courts. Other committees supervise the support of specialized federal court features, such as the offices of public defenders, probation officers, and magistrates (judicial officers who make decisions on pretrial matters). Although the power of the Judicial Confer- ence is limited to administrative matters, these matters can be controversial and far reaching. For example, the Judicial Conference has author- ity over the presence of cameras in federal courtrooms. In 1994 it voted to discontinue a three-year experiment allowing cameras to film civil trials in some federal courts. A majority of the Judicial Conference members expressed a fear that cameras could affect the outcome of a trial. The decision drew criticism from many legal circles, and in March 1995 the Judicial Confer- ence said that it would reconsider its position on the issue. In March 1996 the Conference decided to ban cameras in all federal courts except for federal appeals courts. The Conference allowed each circuit to decide whether it would allow cameras in its appeals courts. There have been legislative attempts to compel the federal courts to permit cameras GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 66 JUDICIAL CONFERENCE OF THE UNITED STATES in federal courtrooms. These attempts arose under a bill known as the Sunshine in the Courtroom Act, which was first introduced in Congress in 2001. The Sunshine in the Court- room Act would effectively open federal court- rooms to television and radio coverage. Although the legislation was reintroduced in Congress several times, as of March 2009 a bill to provide for media coverage of federal court proceedings has yet to become law. Most states permit some form of electronic coverage of state court proceedings. Under current law, federal courts continue to ban television and radio coverage of federal criminal and civil proceedings at both the trial and appellate levels. FURTHER READINGS C-SPAN Timeline: Cameras in the Court. Available online at http://www.c-span.org.html (accessed June 11, 2009). Barnes, Robert. 2009. “Legal Experts Propose Limiting Judges’ Powers, Terms.” The Washington Post (Feb. 23). Easton, Eric B. 1995. “Closing the Barn Door after the Genie Is out of the Bag: Recognizing a ‘Futility Principle’ in First Amendment Jurisprudence.” DePaul Law Review 45. Hall, Robert H. 1994. “Federal Circuit Judicial Councils: A Legislative History and Revisions Needed Today.” Georgia State University Law Review 11. Heaney, Gerald W. 1991. “The Reality of Guidelines Sentencing: No End to Disparity.” American Criminal Law Review 28. Judicial Conference of the United States. Available online at http://www.uscourts.gov/judconf.html (accessed June 11, 2009). Marder, Nancy S. 1995. “Beyond Gender: Peremptory Chal- lenges and the Roles of the Jury.” Texas Law Review 73. Metz, Stephen A. 1996. “Justice through the Eye of a Camera: Cameras in the Courtrooms in the United States, Canada, England, and Scotland.” Dickinson Journal of International Law 14 (spring). Reinhardt, Stephen. 1995. “Judicial Speech and the Open Judiciary.” Loyola of Los Angeles Law Review 28. Weber, Mark C. 1994. “The Federal Civil Rules Amendment of 1993 and Complex Litigation: A Comment on Transsubstantivity and Special Rules for Large and Small Federal Cases.” Review of Litigation 14. Wood, Harlington, Jr. 1995. “Judiciary Reform: Recent Improvements in Federal Judicial Administration.” American University Law Review 44. CROSS REFERENCES Cameras in Court; Complaint; District Court; Federal Courts; Judicial Administration. JUDICIAL IMMUNITY A judge’s complete protection from personal liability for exercising judicial functions. JUDICIAL IMMUNITY protects judges from liabil- ity for monetary damages in civil court, for acts they perform pursuant to their judicial func- tion. A judge generally has immunity from civil damages if he or she had jurisdiction over the subject matter in issue. This means that a judge has immunity for acts relating to cases before the court, but not for acts relating to cases beyond the court’s reach. For example, a criminal court judge would not have immunity if he or she tried to influence proceedings in a juvenile court. Some states codify the judicial immunity doctrine in statu tes. Most legislatures, including Congress, let court decisions govern the issue. Judicial immunity is a common-law concept, derived from judicial decisions. It originated in the courts of medieval Europe to discourage persons from attacking a court decision by suing the judge. Losing parties were required instead to take their complaints to an appellate court. The idea of protecting judges from civil damages was derived from this basic tenet and served to solidify the independence of the judiciary. It became widely accepted in the English courts and in the courts of the United States. Judicial immunity was first recognized by the U.S. Supreme Court in Randall v. Brigham, 74 U.S. (7 Wall.) 523, 19 L. Ed. 285 (1868). In Randall the Court held that an attorney who had been banned from the PRACTICE OF LAW by a judge could not sue the judge over the disbarment. In its opinion, the Court stated that a judge was not liable for judicial acts unless they were done “maliciously or corruptly.” In Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 20 L. Ed. 646 (1871), the U.S. Supreme Court clarified judicial immunity. Joseph H. Bradley had brought suit seeking civil damages against George P. Fisher, a former justice of the Supreme Court of the District of Columbia. Bradley had been the attorney for John H. Suratt, who was tried in connection with the ASSASSINATION of President ABRAHAM LINCOLN.InSuratt’s trial, after Fisher had called a recess, Bradley accosted Fisher “in a rude and insulting manner” and accused Fisher of making insulting comments from the bench. Suratt’s trial continued, and the jury was unable to reach a VERDICT. Immediately after discharging the jury, Fisher ordered from the bench that Bradley’s name be stricken from the rolls of attorneys authorized to practice before the Supreme Court of the District of Columbia. Bradley sued Fisher for damages relating to lost work as a GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION JUDICIAL IMMUNITY 67 . policy of the enforcing state. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION JUDGMENT 59 there is no genuine issue of material fact and that he or she is entitled to prevail as a MATTER OF LAW techniques of court administration. More court administrators now have college and GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 64 JUDICIAL advanced degrees, and many have attended law school. Judicial. legislative attempts to compel the federal courts to permit cameras GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 66 JUDICIAL CONFERENCE OF THE UNITED STATES in federal courtrooms. These attempts arose under

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