American Judges Association

"The Voice of the Judiciary"


1971-1998
Resolutions


MISCELLANEOUS


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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