Research

Administrative History

The Temporary Commission on the Courts was created by an Act of Commission (L. 1953, Ch. 591), and was extended at various times through March 31, 1958. Its duties were to make a comprehensive study of the judicial system, including administration, structure, procedure and personnel of courts. More specifically, it dealt with such issues as: an evaluation of calendar congestion and delay; revision and simplification of practice statutes; reduction in costs of litigation; changes in substantive laws; and improvements in the selection of the judiciary. The Commission was also empowered to conduct studies, inquiries, and surveys, and to make an annual report to the governor and legislature of studies and recommendations for changes in the law. Public hearings were held at various times between 1954 and 1956 by the various subcommittees.

The Commission was organized as follows: Harrison Tweed, Chairman; Subcommittee on Modernization of the Court Structure, Louis M. Loeb, Chairman; Subcommittee on Calendar Congestion and Delay, Roger B. Hunting; Advisory Committee on Practice and Procedure (responsible for the revision of Civil Practice Acts), Jackson A. Dykeman, Chairman; Subcommittee on Discovery and Disclosure; Subcommittee on the Judicial Conference; and Subcommittee on Youth and Family in the Court, Mary Conway Cohler, Special Consultant. A cost of operations study was conducted in 1956-1957.

The Temporary Commission on the Courts succeeded in: establishing attorneys lien by claim letter (1955); creating foster homes and hostels, work camps, a Youth Division in the Corrections Department (1955), and additional probation services; holding a Judicial Conference (1955); and authoring youth sections of the Civil Practice Act which ultimately led to its repeal in 1960 and replacement by the Civil Practice Law and Rules (1963).