Achieving a just Legal System: The Role of State Intermediate Appellate Courts

Abstract

State intermediate appellate courts are a most important part of our legal system. They enable the state's highest court to concentrate on a few cases; they guide the trial courts; and they often point the way to needed changes in the law. But they are overworked, with resulting delays and dissatisfaction. To improve their performance, and to increase their usefulness to the highest court and the trial courts, the following should be done: their decisions should be made final, subject to review only in the discretion of the state's highest court; they should not be divided into regional divisions or into specialized courts; they should in every case file a written opinion; their judges should be nominated on merit and confirmed by the legislature; and their staffs should be reorganized. Given modern caseloads, this would involve delegating some judicial responsibility to staff. But on balance, the gain would be greater than the loss, for the judges would be enabled to spend more of their time deciding cases.