In Re: Problems Which Exist Within the Military Judicial
System - 1992 MY
Regarding Court Security - 1992 AM
In Support of NCRA Contracting Principles - 1994 MY
Re: Small Claims Calendar for Federal District Courts - 1996 MY
Re: Domestic Violence - 1985 AM
On Unified Appeal Procedure in Criminal Cases - 1979 AM
Referral to Study Committee of Judicial Intern Programs. Court Programs to Encourage
Respect for Persons and Property, Communication with Other Branches of Government
Reaffirming the Independence of the Judiciary, Report on NIJ and LEAA Reorganization and
Report on Federal Criminal Code and Its Impact on the States - 1978 AM
For Petition for Writ of Mandamus (AJA softball game) - 1978 AM
On State and Federal Relations - 1979 AM
Designating Treasurer or Corporate Secretary of NCSC as Signatories on AJA Bank Accounts -
1982 AM
Designating Beatrice Monahan AJA's Registered Agent - 1982 AM
Supporting Time Standards for Case Processing - 1983 AM
Re: Gender Bias - 1989 AM
Re: Malicious Vandalism - 1989 AM
Authorizing Doug Lanford and the American Academy of Judicial Education to Handle NHTSA
Grant Funds - 1982 AM
Against Admission of Television and Radio Media into Courtrooms - 1975 AM
Requesting that AJA be Consulted Regarding Any Potential Appointment to the Supreme Court
of the United States - 1975 AM
In Favor of the Establishment of a Program for National Uniform Procedures to Treat the
Problem of Juvenile Runaways - 1975 AM
- In Re: Problems Which Exist Within the Military Judicial System
RESOLUTION
WHEREAS, the American Judges Association, always
on guard against any action which does or could interfere with the integrity and
independence of any member of the judiciary; and,
WHEREAS, it would appear from reports received by
the said Association that serious issues of conflict exist within the military justice
system, which have and could continue to interfere with the independence of military
judges; and,
WHEREAS, millions of American men and women,
members of the Armed Forces, are subject to the jurisdiction of the military justice
system and deserve and are entitled to a free and independent decision based only upon the
law and the facts; and
WHEREAS, the AJA does deem it appropriate that the
Commander-In-Chief of the Armed Forces and the appropriate Congressional Committee take
whatever action is deemed necessary to provide protection to military judges to ensure
that these highly qualified men and women are free to carry out their official duties free
of any command influence and any concerns regarding promotions and/or enforced selective
early retirement which could in any fashion be employed to influence judicial
determinations.
NOW, THEREFORE BE IT RESOLVED, the American Judges
Association, representing nearly three thousand judges from all areas and levels of
jurisdiction does urge that all reasonable and objective options be promulgated and
instituted as soon as humanly possible to effectuate any changes necessary to eliminate
any perceived or actual interference with the independence of all judges in the military
justice system and further that a true copy of this resolution be forwarded to the
President of the United States in his capacity as Commander-in-Chief of the Armed Forces,
to the Commander of the Joint Chief's of Staff, to all appropriate Congressional
Committees and to members of the Court of Military Appeals.
Adopted, Midyear Meeting in Scottsdale, Arizona May, 1992.
Judge John A, Mutter, Chair
AJA Resolutions Committee
Rupert Doan
Charles Flemming
Bertram J. Gaynor
Thomas Malik
Mortimer Rogers
- Resolution Regarding Court Security
RESOLUTION
WHEREAS, members of the judiciary and all court
personnel are confronted each day on a very personal level with the matter of court
security; and
WHEREAS, during the past year rather than
declining the incidences of violence within the confines of our courthouses have increased
in almost geometric progression; and,
WHEREAS, the health, welfare and indeed the lives
of court personnel, litigants, and the general public are being placed in constantly
increasing jeopardy; and,
WHEREAS, it is the duty of those in authority to
do all within their power to limit, in every way possible, any and all threats and acts of
violence within the Halls of Justice; and
WHEREAS, the present state of the art in court
security is considered to be the magnetometer, a screening device for the detection of
weapons, and that the cost of purchase and installation of such a device is more than
offset by the security it offers in the protection against severe bodily injury, loss of
lives and destruction of property.
NOW, THEREFORE BE IT RESOLVED, that the American
Judges Association does adopt this resolution urging each officer responsible for court
security in several states to adopt the use of the magnetometer as a positive step in the
elimination of violence within our bastions of justice and, further, that a copy of this
said resolution be sent to the Governor and the court administrator of each of the fifty
states.
Adopted at the Annual Educational Conference on
Miami Beach, Florida October 1992.
Judge John A, Mutter, Chair
AJA Resolutions Committee
Rupert Doan
Charles Flemming
Bertram J. Gaynor
Thomas Malik
Mortimer Rogers
Paul Donaldson, Chair, Court Security
- In Support of NCRA Contracting Principles
RESOLUTION
WHEREAS, the National Court Reporters Association
has expressed its concern about the possible conflict of interest or the appearance
thereof created by certain contracting relationships involving court reporters and others
designed to establish long-term economic relationships to serve the mutual interest of
these contracting parties,
AND, WHEREAS, Rules 28(c) of the Federal Rules of
Civil Procedure provides:
(c) Disqualification for Interest. No deposition shall be taken before a person who is a
relative or employee or attorney or counsel of any of the parties, or is a relative or
employee of such attorney or counsel, or is financially interested in the action.
AND, WHEREAS, it has been called to the attention
of the American Judges Association that some contracting groups advertise their court
reporter contacts as critical players of a party's advocacy support team,
AND, WHEREAS, these contracting groups may provide
price and volume discounts and perform litigation support services to one party to the
action, which may not be available to others parties,
AND, WHEREAS, the National Court Reporters
Association has adopted the following Contracting Principles:
1. A court reporter shall always disclose to all parties present the
existence of any direct or indirect contracting relationship with any attorney or party to
the proceeding. This disclosure shall include the identity of all principals and agents
involved in the contracting group. It shall also include a description of all services
being performed, as well as the disclosure of the fact if any special fee or credit
arrangements are being provided to any attorney or party by such court reporter, his or
her employer, or any principal or agent of the contracting group. It is the court
reporter's obligation to inquire about and discover this information before accepting any
assignment and to make such disclosure to all parties.
2. A Court reporter shall always offer to provide comparable services to all
parties in a case. Different parties to an action shall always be treated equally.
3. A court reporter shall not, in act or by appearance, indicate that the
court reporter is participating as part of an advocacy support team for any one of the
parties.
4. A court reporter shall always comply with federal, state, and local laws
and rules that govern the conduct of court reporters (such as those that deal with
certification, confidentiality, custody of transcripts, and contracting.)
AND, WHEREAS, the American Judges Association
agrees that these principles will promote fairness to all parties and a furtherance of the
principles of justice,
NOW, THEREFORE BE IT RESOLVED, that the American
Judges Association, supports the continued funding of the Legal Services Corporation at a
level which will allow the Corporation to continue to provide the services which is
presently provides;
BE IT FURTHER RESOLVED, that the American Judges
Association, hereby endorses the above contracting principles and urges adherence thereto,
and that a copy of this resolution be transmitted to Roger Miller, President of the
National Court Reporters Association and be entered in the minutes of the American Judges
Association records.
Adopted at Midyear Meeting April 1994 in Salt Lake City, Utah.
Judge John A, Mutter, Chair
AJA Resolutions Committee
Rupert Doan
Charles Flemming
Bertram J. Gaynor
Thomas Malik
Ira Raab
Mortimer Rogers
-
- Small Claims Calendar for Federal District Courts
RESOLUTION
WHEREAS, the American Judges Association recognizes that federal courts
are overburdened with all types of litigation; and
WHEREAS, there has been a sharp and steady increase in filings of pro se
litigation in Federal District Courts; and
WHEREAS, there are many filings in metropolitan districts of counseled
cases in which it is not economically feasible to take the cases through discovery and
trials, thereby posing a need to improve the accessibility and quality of justice; and
WHEREAS, the establishment of a Small Claims Calendar may provide a fair
and efficient means to dispose of these pro se and small claims counseled cases; and
WHEREAS, in the event that these Federal Small Claims are not economically
and efficiently handled in the Federal Court System, they may be commenced within the
already overburdened State Court Systems,
NOW, THEREFORE BE IT RESOLVED, that the American Judges
Association, fully supports the establishment of a small claims calendar pilot program in
Federal District Courts for pro se and small claims counseled cases up to $75,000.
Hon. Martin E. Kravarik, President
AJA Resolutions Committee
Bertram J. Gaynor, Vice Chair
George Greig
Hon. Ira J. Raab, Chair
Leslie G. Johnson
- Regarding Domestic Violence
RESOLUTION
WHEREAS, the month of October has been declared "National Domestic
Violence Awareness Month"; and
WHEREAS, statistics indicate that one out of every four marriages is
threatened by some aspect of domestic violence; and
WHEREAS, Federal Bureau of Investigation reports indicate and incident of
family violence occurs every 18 seconds; and
WHEREAS, the American Judges Association as part of its efforts to reduce
the number of domestic violence occurrences supports the proposition that public awareness
of the existence of this major problem is the first step in the solution of the problem;
and
WHEREAS, the general public must be made better informed as to the rights
and needs of domestic violence victims.
NOW, THEREFORE BE IT RESOLVED, that the American Judges
Association shall do all in its power to focus public awareness upon the problem of
domestic violence which does threaten to undermine one of the building blocks of society.
Adopted October 1985 in New Orleans, Louisiana
Judge John A. Mutter, Chair
AJA Resolutions Committee
-
missing 2nd page
- Unified Appeal Procedure in Criminal Cases
RESOLUTION
Resolution for Referral to Study Committee by Our
President Elect
RESOLUTION
WHEREAS, as a part of our conference, this organization is dedicated to improve the
state of the Judiciary, and
WHEREAS, certain matters need attention and study by this organization,
NOW, THEREFORE BE IT RESOLVED, that the President be
especially authorized to call for the appropriate study committees to report back to this
Association on the following matters:
1. The creation of legal and judicial intern programs.
2. Court programs and innovative measures to encourage respect for persons and property
through individual responsibility.
3. American Judges Association communications to the other branches of government
reaffirming the independence of the judiciary.
4. Report on the National Institute of Justice and LEAA reorganization.
5. Report on the Federal Criminal Code and its impact on the States.
Adopted October 25, 1978
Judge S. James Clarkson, Chairman
AJA Resolutions Committee
- Resolution for Petition for Writ of Mandamus
RESOLUTION
WHEREAS, as a tradition of this organization that we enjoy ourselves in a
manner befitting to our profession demonstrating that we have muscles in places other than
our posteriors by carrying out certain athletic process, to wit, conducting of the annual
American Judges Association baseball game, and
WHEREAS, in carrying out that event, which was conducted on Sunday,
October 22, at Blake Island in Puget Sound, and
WHEREAS, said athletic contest ended without a decisive decision for the
reason that the West lost all of the baseballs by hitting them into the Pacific Ocean, and
WHEREAS, before said balls could be retrieved, we were again required to
walk the gangplank on to the last known remaining steam ship in the United States, the
Virgin, built in the year 1922, and
WHEREAS, there captively assembled we were required to watch a movie on
temperance without anything to drink except alcoholic beverages, and
WHEREAS, thereafter without benefit of rest or relaxation, were required
to recognize by continued pedestrian labor the viewing of a person long dead in a state of
mummification, soon to befall us all if needed rest was not forthcoming long after
midnight hour past,
NOW, THEREFORE BE IT RESOLVED, that a writ of mandamus be
issued compelling the next conference chairman to obtain a suitable baseball diamond not
proximate to the Atlantic Ocean in the City of Miami, the location of our next conference,
so that the baseball game can be conducted without any of the balls being able to be hit
into the Atlantic Ocean permitting the baseball game started in Seattle to be completed in
Miami to prove the macho of all players concerned, and
BE IT FURTHER RESOLVED, that said Chairman provide such
facilities for the spectators and players alike to partake and imbibe in those alcoholic
elixirs unaccompanied by lecturers on the evils of such riotous conduct needed as a
respite from the vigorous labors that will be planned for us as part of the academic
functions of our conference, and
BE IT FINALLY RESOLVED, that thereafter we be forthwith
transported to our habitations for needed nourishment and rest after such strenuous
athletic and social activities.
Adopted: October 25, 1978
Judge S. James Clarkson, Chairman
AJA Resolutions Committee
- Resolutions on State and Federal Relations
RESOLUTION
WHEREAS, it is desirous to improve the administration of justice in the
several states without sacrifice of the independence of the State judicial systems, and
WHEREAS, there is a pending legislation in Congress to improve the
administration of justice in the States and,
WHEREAS, a task-force of the joint committee of the Conference of Chief
Justices and Conference of State Court Administrators has made certain studies on the
impact of the federal government, the Constitution, and its Courts on the State Courts,
and
WHEREAS, federal financial contributions can provide a "margin of
excellence" and thus improve the quality of justice received by citizens who are
affected by State courts,
NOW, THEREFORE BE IT RESOLVED, That we adopt in principle
the recommendations of the joint task-force pertaining to federal financial assistance of
the State court systems.
Adopted at the 19th Annual Conference in Miami, Dade County, Florida on November 15, 1979
.
Judge S. James Clarkson, Chairman
AJA Resolutions Committee
-
- Designating Treasurer or Corporate Secretary of NCSC as Signatories on AJA Bank Accounts
RESOLUTION
WHEREAS, the American Judges Association has transferred its
administrative functions to its Secretariat, the National Center for State Courts;
BE IT RESOLVED, that to improve the efficiency of the
handling of AJA's financial matters, that the corporate Treasurer or Corporate Secretary
of the National Center be authorized pursuant to Articled XII, Section 2 of our bylaws to
sign checks drawn on the American Judges Association bank accounts maintained by the
Secretariat.
AJA Resolutions Committee
- Designating Beatrice Monahan AJA's Registered Agent
RESOLUTION
WHEREAS, the American Judges Association, A Colorado Corporation moved its
offices from Holyoke, Massachusetts to Williamsburg, Virginia; and
WHEREAS, the Commonwealth of Virginia requires foreign Corporation
transacting business within the Commonwealth to register, and to designate a registered
agent and registered office;
BE IT RESOLVED, that the Board of Governors of the
American Judges Association appoint Beatrice P. Monahan, a member of the Virgin State Bar
as its registered agent and designate 300 Newport Avenue as its registered office.
AJA Resolutions Committee
-
- Supporting Time Standards for Case Processing
RESOLUTION
WHEREAS, the American Judges Association affirms its prior and continuous
position that the people of this nation are entitled to a speedy disposition of their
legal disputes, and its belief that justice delayed is indeed justice denied; and
WHEREAS, the AJA supports the national effort to combat case delay; and
WHEREAS, the AJA Court Administration and Operation Committee has reviewed
and is now recommending to the full conference of the AJA membership that time standards
for case processing be established in all states.
NOW, THEREFORE BE IT RESOLVED, that 1984 be a year of
renewed emphasis and dedication for fair and speedy justice in the nation's courts;
That all courts be encouraged to establish suitable objectives for the processing of civil
and criminal cases to better ensure the long-term interests of judiciaries and the public
in general;
That every state and local court system to take an active role, individually and
collectively within each state, to reduce delay and excessive backlogs;
That the AJA endorse time standards that are responsible to the interests of justice as
they would apply to the public at large and that are within the standards and needs
existing in the courts of the various states;
That these standards shall apply in all cases, except for individual cases in which the
court determines that exceptional circumstances exist.
BE IT FURTHER RESOLVED, that the AJA endorse such
standards and recommends that each court adopt a plan to implement such standards as part
of efforts to reduce unnecessary case delay.
Adopted: on August 25, 1983 in Boston, Massachusetts
Judge S. James Clarkson, Chairman
AJA Resolutions Committee
-
- Re: Gender Bias
RESOLUTION
WHEREAS, the President of the United States has said that archaic and
unacceptable attitudes toward women rob them of full equality in American life; and
WHEREAS, the Conference of Chief Justices has adopted a resolution
encouraging all Courts to establish a task force regarding gender bias within their
jurisdictions; and
WHEREAS, twenty-five states and the District of Columbia have established
task forces on gender bias in the courts within their jurisdictions; and
WHEREAS, the American Judges Association has devoted the entire Fall 1989
issue of Court Review magazine to the subject of "Gender Bias in the
Court;"
NOW, THEREFORE BE IT RESOLVED, that:
1. Gender bias has been a problem in the courts, as well as society as a whole; and
2. Gender biased or sexist acts, conduct or words by or against judges, attorneys,
litigants, witnesses, jurors, staff and the public is anathema; and
3. Courts and judges must serve as role models, ensuring that practice and procedure in
their Courthouses is dispensed in a gender-neutral manner; and
4. This Association will, through its publications, educational programs and in each
member's individual effort within the Justice system; and
5. The American Judges Association hereby decrees and establishes gender equality as a
judicial and civic duty, ethic and ideal.
Submitted by Martin E. Kravarik
Adopted: Nashville, Tennessee on October, 1989
Judge John A. Mutter, Chairman
AJA Resolutions Committee
Jay Stuart Dankberg
Rupert Doan
Ira J. Raab
Mortimer Rogers
- Re: Malicious Vandalism
RESOLUTION
WHEREAS, from time to time in our various communities, cities, and our
states, a pestilence springs up here and there and rapidly assumes epidemic proportions,
spreading throughout the nation until it contaminates all; and
WHEREAS, an infection in the form of malicious vandalism appears to be
becoming more virulent; and
WHEREAS, destruction or damage to buildings, both public and private,
historic sites, monuments and personal property is without explanation as to cause, as
generally the act does not involve greed nor the need to survive, nor the emotion of
passion, but appears to be destruction for the purpose of destroying; and
WHEREAS, wanton destruction of gravestones, pouring of paint over statues,
destroying of school interiors, painting of racial and religious slurs on places of
worship, homes, automobiles, sidewalks and streets is evil; and
WHEREAS, such actions attack the moral fibre of our citizenry, undermines
our democratic way of life, make a sham of ownership of property and the right of every
citizen to be free from discriminatory conduct,
NOW, THEREFORE BE IT RESOLVED, that the American Judges
Association urges the law-making bodies of our several states and the Congress of the
United States to enact ordinances and law which would indicate the serious and insidious
nature of such offenses; and
FURTHER, the Association asks all members of the judiciary to be cognizant
and concerned regarding this problem, and that a copy of this resolution be forwarded to
the Governors and Legislative bodies of the fifty states and the Congress of the United
States.
Adopted: Nashville, Tennessee on October, 1989
Judge John A. Mutter, Chairman
AJA Resolutions Committee
Jay Stuart Dankberg
Rupert Doan
Ira J. Raab
Mortimer Rogers
- Authorizing Doug Lanford and the American Academy of Judicial Education to Handle NHTSA
Grant Funds
RESOLUTION
WHEREAS, the American Judges Association has entered into an agreement
with the National Highway Traffic Safety Administration for the period of July 1982 to
June 1983; and
WHEREAS, the AJA has established the Highway Safety Committee to perform
the tasks received of AJA under this agreement; and
WHEREAS, this agreement involves a reimbursable grant to AJA in the amount
of $24,850 for the costs necessary to accomplish the committee's tasks; and
WHEREAS, this Highway Safety Committee has agreed that Doug Lanford and
the American Academy of Judicial Education will handle certain administrative and clerical
tasks involved in the grant including responsibility for maintaining full and accurate
financial records for the grant;
BE IT RESOLVED, that the Board of Governors authorizes
the handling of AJA's NHTSH grant money by Doug Lanford and the AAJE under the terms
specified in the July 1982 minutes of that committee.
AJA Resolutions Committee
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