COSMICH & SIMMONS, PLLC

Attorneys and Counselors at Law

Litigation Newsletter
Settlement Conferences in Federal Courts of Appeals
 
There are 13 judicial circuits, and each circuit has a court of appeals. The federal courts of appeals are intermediate appellate courts. They hear appeals from federal district courts, which are trial level courts. In response to the ever-increasing volume of cases, some federal courts of appeals have adopted settlement programs in an effort to reduce the backlog of cases and accelerate the appeal process.More...
 
Expedited State Appellate Procedures
 
Most state appellate courts experience gridlock in processing appeals. The courts are having difficulty keeping pace with the increasing volume of appealed cases. As a result, there are significant delays in finalizing an appeal. In some cases, it can take more than two years between entry of the final judgment in the trial court and a final decision in the appellate court. The courts have been pursuing efficiency promoting methods. This article discusses procedures that are being adopted by state appellate courts to reduce the backlog of cases and speed up the appeal process.More...
 
A High-Tech Courtroom
 
The Commercial Division of the Supreme Court of the State of New York is a high-tech courtroom. The courtroom has the latest technology, which helps cases proceed in an efficient manner. There are flat screen computer monitors in the jury box and on the witness stand. The judge's bench and the counsel tables also have flat screen computer monitors and docking stations that enable the use of computers during the trial. The podium is electronic and allows the electronic presentation of evidence through a wireless communicator or by DC-ROM.More...
 
A Court's Inherent Powers
 
Courts are created by statute. Their jurisdiction or authority is limited to the areas specified by the law, together with the inherent powers possessed by all courts. Inherent powers are powers reasonably necessary for the administration of justice. They are powers considered essential to the existence and proper functioning of the court. This article discusses a court's inherent power to regulate the judicial system, to regulate the practice of law, and to adopt court rules.More...
 
Is Judicial Independence in Jeopardy?
 
Our governmental system contains checks and balances, which are designed to prevent any branch of government--executive, legislative, or judicial--from becoming too powerful. The independence of the judiciary is one of the central principles of a democracy. Judicial independence allows judges to make rulings that are based on legal principles instead of politics or public opinion. The independence of the court system assures fair and impartial rulings in legal matters. The Founding Fathers intentionally made the process of removing judges from office a difficult one, so that judges would be insulated from public pressure and could render decisions based on a careful analysis of the applicable law. More...
 
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