Rx for the Certiorari Crisis: A More Professional Staff

American Bar Association Journal, Vol. 59, pp. 846-850, (1973)

5 Pages Posted: 18 May 2013

See all articles by Norman Otto Stockmeyer

Norman Otto Stockmeyer

Western Michigan University Cooley Law School

Date Written: August 1973

Abstract

Responding to a rising tide of petitions for Certiorari in the U.S. Supreme Court, in the early 1970’s several blue-ribbon study groups recommended ways to reduce the Court’s workload. Differing in many respects, all of the proposals had one common denominator: creation of some sort of new court.

In contrast, this article proposed a solution within the Court’s existing framework. It would alleviate the Certiorari Crisis by creating a small staff of experienced lawyers to assist the justices in screening petitions. The proposal was based on the practice of several state appellate courts that use commissioners to study and make recommendations on the disposition of matters on the Courts’ discretionary docket.

The proposal was never implemented. Instead, a nascent law clerk “cert pool” became institutionalized, which today assists eight of the nine justices in screening Certiorari petitions.

Keywords: appellate courts, Certiorari, commissioners

Suggested Citation

Stockmeyer, Norman Otto, Rx for the Certiorari Crisis: A More Professional Staff (August 1973). American Bar Association Journal, Vol. 59, pp. 846-850, (1973), Available at SSRN: https://ssrn.com/abstract=2266681

Norman Otto Stockmeyer (Contact Author)

Western Michigan University Cooley Law School ( email )

1352 Hickory Island Drive
Haslett, MI 48840
United States
517-339-2246 (Phone)

HOME PAGE: http://www.cooley.edu/faculty/norman-stockmeyer

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