Research USA - everyone is equal before the law (2)

Evolution of Justice: judge, arbitration and court operation

2013.05.29

Sonia Sotomayor out of the Supreme Court and chief justice John Roberts was sworn in as following.

This paper included in "American Supreme Court: everyone is equal before the law".

Author: Linda Greenhouse (Linda Greenhouse)

Lin DaGreenhouse (Linda Greenhouse) is located in the city of New Haven, Connecticut (DickNewHaven, ConnecticutThe Law School of Yale University) Knight distinguished journalists and Joseph Goldstein lecturer (Knight Distinguished Journalist in Residence and Joseph Goldstein Lecturer in Law at Yale Law School). She served as "New York Times from 1978 to 2008" (the New York Times) the supreme court reporter special report.

View is far from the nine immutable and frozen point of Supreme Court of the world. A judge of the world outlook with the passage of time, the contact of major events and other judges of personal communication and the exchange of ideas and development. The results cannot be predicted.

Sonia Sotomayor in the Senate American (Sonia Sotomayor) was nominated for the period of the supreme court hearings, it is natural for people to pay attention to her will be the judge of what. She told the Senate that, she as a judge to abide by the motto is "faithful to the law", the use of relevant legal case analysis as the work of the judge. Her answer made most senators satisfaction. In the Senate by 68 votes to 31 votes to confirm the nomination, Sotomayor in August 8, 2009 officially became the.

However, because of her precision operation of justice work as a similar machine, it makes people think of some interesting questions. If the trial skills really so simple, how do we explain all cases in the Supreme Court last term 'award, nearly 1/4 (15 of 63 patients) majority of cases only 5 votes (including 13 cases of the vote was 5 to 4; the other 2 cases a judge is absent for 5 than 3). Can imagine, the judges in support and opposition to the controversial ruling that their decision is faithful to the law. But because of various reasons, they have different understanding to the law.

Such differences obviously and predictable: if the judges do not have differences of opinion words, the Supreme Court vacancy fill would not like this caused intense controversy in the USA politics today.

However, the relevant judicial functions describe similar mechanical operation of the proposed a more difficult problem: how to explain a majority of the court -- if not all of the words -- changes occurred during his tenure? Justice perspective changes not only It is quite common for, and sometimes changes a lot. The change is likely to continue to follow the law case analysis, but as for what the facts about the gist and what legal ruling provide the appropriate framework will come to a different conclusion. A president may unerringly think, Supreme Court justices nominated him to support his agenda, the legal opinions and the same, but in a few years later, perhaps after the president had left, he nominated judge is likely to become a and as completely different people, and this kind of change and justice by life-long protection related. Many of the examples below, to name just a few.

From the president's authority to affirmative action (Affirmative Action)

When served in President Franklin I (Franklin D. Roosevelt) worked as Minister of justice Robert Jackson (Robert H. Jackson) in 1941 as the judge of the Supreme Court, he is the power of the president warmly advocate. In his early time, America involved in the two World War soon, the Supreme Court designated president to make important decisions in the period of the war of power. "Qui Rui case ("Ex Parte Quirin) relates to the Military Commission on 8 Nazi was caught trying to enter the USA when vandals trial and sentenced to the death penalty, the effectiveness of the judgment was questioned.

The Supreme Court ruled that the maintenance of this judicial procedures and results, but from the time the unpublished in Book comments after years of exposure can be seen at the time, Jackson may go farther. He wrote, "because these saboteurs president as the constitution granted his army chief position as President prisoner", that is to say, the Supreme Court should not even ask the Roosevelt about how to exercise the power of cases.

Few people would have predicted, after only 11 years, Jackson took a different position on the Supreme Court, one of the most famous case about the powers of the president. During the Korean War, USA steel plant closed due to a strike, production interruption caused by weapons and other important products. President Harry Truman (Harry S. Truman) ordered the government to collect these factory. The Supreme Court has declared unconstitutional president action (Youngstown Steel Corp presidential authority,Youngstown Sheet & Tube Co. v. Sawyer). Jackson in a favorable opinion book said, the president can not unilaterally exercise of administrative power, the Supreme Court will not blindly support the president to take action without congressional authorization, but according to the specific circumstances of the president's authority is legal. The Supreme Court in recent years in the decision to grant USA located in the Guantanamo Bay prison in Cuba's detainees rights is quoted Jackson's opinion.

On the Supreme Court for less than ten years, Robert Jackson from the most resolute presidential authority maintenance into one of the most powerful spokesmen advocated limiting the power of the president.

President Eisenhower (Dwight D. Eisenhower) has appointed one of his political opponents, California governor Earl Warren (Earl Warren) served as the chief justice. Prior to this, Warren served as district attorney and the State Ministry of justice for 23 years. In the first term, he served as the Chief Justice (1953 to 1954), most of his vote against the criminal defendants and those who claim to the civil rights are infringed. But in the next 15 years, he became the main supporters of a defendant in a criminal case and civil rights plaintiff. The Supreme Court Chief Justice Warren was put forward during the judicial opinions for the expansion of the rights of these people explain known.

Robert Jackson the Supreme Court 11 years later changed to the power of the president.

In 1962 by President John Kennedy (John F. Kennedy) nominated Supreme Court justice Byron White (Byron R. White) is a modern example of the more conservative in their occupation career. In favor of the defendant's decision he made during the Supreme Court Chief Justice in Warren's disappointment, and make every effort to limit the famous case of Miranda (Miranda) application award. (the "Miranda rule" provisions, if the police in the interrogation of a defendant not before the defendant to read its rights, the defendant's conviction is invalid.) In his book the majority opinion written in 1984 (American v. Leon,United States v. LeonFor a long time), asking the court to exclude evidence not through due process to obtain rules ("rules") made its first significant limitations.

Harry Blackmun (Harry A. Blackmun) in 1970 by President Richard Nixon (Richard M. Nixon) appointed to the Supreme court. Judge Nixon in the 1968 presidential campaign has vowed to find that "law and order", to reverse the Supreme Court as the chief judge ruled period in warren. Blackmun beginning seem perfectly plays this role in the Supreme court. Hold different views to abolish all death penalty law America decision he made to the Supreme Court on 1972. Four years later, when the Supreme Court decisions to maintain the new law, the death penalty is allowed to continue, Black stood on the majority side door. In 1973, he wrote in the majority opinion of the book, require delivery fee for bankruptcy protection for $50 and no infringement of the rights of the poor. This ruling (USA v. crass case,United States v. Kras) angered most liberal justices of William Douglas (William O. Douglas). He complained: "I never dreamed I'd live to see this day -- the court believes that the poor are too poor, and therefore can not give bankruptcy protection."

But just four years later, Blackmun tried to put forward different views, think that the government should pay for an abortion for poor women can't afford it. By 1994 he was the Supreme Court's occupation career ended, he has become firmly opposed to the death penalty, and is widely considered to be the judge of the Supreme Court has the most liberal leaning.

President Ronald Regan (Ronald Reagan) was appointed in 1981 Sandra Day OConnor (Sandra Day O 'Connor) is the first woman on the Supreme Court justices. She worked early is a reliable conservative. She was a strong critic of the 1973 Supreme Court (on the Roy Caved caseRoe V. Wade) ruling, the ruling established abortion rights in constitution. Her government preferential recruitment vulnerable minority groups or the public works contract is contracted to their scepticism. But in 1992, O Conner cast a critical fifth votes, the Roe v. Wade decision was not overturned (southeastern Pennsylvania planned parenthood v. Casey,Planned Parenthood of Southeastern Pennsylvania v. Casey). In 2003, she wrote the majority opinion book for the maintenance of an affirmative action program award, this plans to attend the University of Michigan a major public law school for blacks to provide priority (Grutter v. Bojie case,Grutter v. Bollinger).

Position change experience

How common are the significant change? More common than most Americans believe. Chicago is located in the Northwestern University law school professor Leigh Epstein (Northwestern University Law School) (Lee Epstein) on what she called the Supreme Court justices "ideological transformation" history of. She in a 2007 article on the results of the research in the article said: "as people often think the opposite is the case, since the 1930's almost all judges had to turn left or turn right, some people have been changing positions." [Http://www.law.northwestern.edu/journals/lawreview/colloquy/2007/8]

It be very much puzzled by is, why did this happen? After all, the Supreme Court justices in the appointed has experienced adults, but often has been in public life established fame -- in other words, not the kind of people still exploring the direction of life.

Robert Jackson recently published in his nomination before the ultimate authority for judicial "struggle" (The Struggle for Judicial Supremacy) a Book of the same problem. Study on the Supreme Court in the book he asked: "Supreme Court nominee influence on why consistently greater influence on the Supreme Court nominee?" In other words, that were his own, for itself in the Supreme Court is a process of transformation. His experience is unique: he has one year left to the Supreme Court to Nuremberg as a war criminal court's chief prosecutor. If we assume that he to Nazi Germany without restrictions of administrative power consequences to seriously examine the impact on his thoughts on the need to limit the powers of the president, whether it belongs to give full play to one's imagination?

Harry Blackmun had another change. He has written submissions in Roe v. Wade on behalf of the majority opinion 7 than 2. He did not choose to do so, but chief justice Warren Berg (Warren E. Burger) assigned him to do. Even so, the public soon put this ruling result linked with him, he received tens of thousands of opposition to the ruling is full of hate mail, while at the same time, those who support the ruling people regarded him as a hero. The results, his self-image and Roe v. Wade and the image of daily in a hostile atmosphere destiny are closely connected with the. The evolution of his liberal ideas can be abortion rights derived from he set for himself the supreme defender role.

Several recent studies have found, the judge those who are most likely to change their original ideology is the beginning of the people in Washington, but not those familiar with the Washington doorway "insider". This observation conforms to common sense: a man in middle age in the national spotlight moved to Washington, it is certainly a great experience, may make him / her with a new point of view of the world. Professor Michael Dorff of Columbia University College of law (Michael Dorf) were studied in the 12 Republican nomination of [the President] recently found, those who lack experience in the federal government administrative departments of the people most likely to gradually turn to the left, and those who have experience in this area is unlikely to change its ideology.

This is also in line with common sense: the administrative department of experienced people -- they are usually in the White House or the Department of justice as a legal duty -- is already paid the tuition is well known to the public and people. Finally, the two chief justice Warren Berg and William Rehnquist (William H. Rehnquist) are consistent with this pattern; two people have served as Assistant Minister of justice. Once a young white house lawyer in the Justice Department Inspector General Office (Solicitor General 's Office) as a senior lawyer of the incumbent chief justice John Roberts (John G. Roberts Jr.), it also is likely to be consistent with this pattern. For nearly ten years, is still a staunch conservative, no signs of change.

However, the number of years served for an average of 18 years, which is quite a long time. Epstein to Sandra OConnor in 24 years of occupation career in the voting results analysis shows that, until 2002, according to the expected O Conner would approve of the overthrow of the University of Michigan affirmative action program, and she in the following year voted to sustain the program. O Conner himself once enthusiastically about her from justice Thurgood Marshall (Thurgood Marshall) -- she's influence on the Supreme Court justice Marshall ten years ago and work. As one of the great civil rights activist and a Supreme Court justice Marshall the first black, often with their own life experiences to clarify points of law. A message in O Conner Marshall retired in 1991 wrote, those experiencing "Marshall may gradually changed the way I see the world".

Although Sonia Sotomayor (Sonia Sotomayor) made a federal judge in New York for 17 years, but she came to Washington is a completely new. Harvard Law School (Harvard Law School) President Elena Kagan (Elena Kagan) in 2010 was nominated and confirmed as a judge of the Supreme Court, in Washington is not strange, because she was in the Clinton presidency in the white house. But unlike all other justice, she was never in any court as a judge. The two new justices will deviate from the original principles they like many other judges of the same? Of course, it is premature to conclude now, but O Conner Marshall influenced that suggest another possibility, there is at least the possibility of judge Sotomayor. She is the first Hispanic Supreme Court justice, by a single mother in the government subsidised apartment raised. She has her own experiences to tell to her colleagues. Her memoir, "I love the world" recently published (in English and SpanishMy Beloved World,Mi Mundo Adorado). Perhaps, not others on her, but she will change the other justices way of looking at the world.

The opinions expressed in this article do not necessarily represent the views or policies of the government of the USA.

The Supreme Court Legal Assistant Role: Interview with Philippa, Scarlett

2013.05.29

Philippa, Scarlett, before the Supreme Court Legal Assistant

This paper included in "American Supreme Court: everyone is equal before the law".

Philippa·Scarlett(Philippa Scarlett)Served as the Supreme Court judges American(U.S. Supreme Court Associate Justice)Stephen·Breye(Stephen G. Breyer)And USA seventh district court of appeal(US Court of Appeals for the Seventh Circuit)The judge·Williams(Ann C. Williams)Legal assistant. She is now a Washington law firm (Kai YiKirkland & Ellis) partner, and worked in the Department of Justice (AmericaU.S. Department of JusticeThe prosecution filing office (Overseas)Office Of Overseas Prosecutorial Development) service. Scarlett had lived in the Africa, Asia, Europe and South America, she provides the free service (Pro Bono) including win in USA right to asylum for torture survivors. In the following interview, Scarlett describes the Supreme Court Legal Assistant responsibilities.

Q: the Supreme Court Legal Assistant take what work?

Ask:The Supreme Court Legal Assistant take what work?

Philippa·Scarlett:Although the specific task of legal assistant every judge has each different, but American Supreme Court Legal Assistant is responsible for the work in general there are four types of:

Review case

The first category is 7000 appeal to help review the Supreme Court each year receive applications, its official name is called "certiorari" (writ of certiorari). With a few exceptions, the Supreme Court can decide whether to review of a case; in other words, for most of the appeal, the Supreme Court is to decide whether to review the case. Most judges are to participate in the team review the so-called "" (cert pool), each one of the justices legal assistant it by the decision to attend. Every week, submitted to the Supreme Court of appeals are divided into several groups, each group give a legal assistant. The assistants and then according to the requirements of the review and careful analysis of the case, and for all to participate in the review panel of judges prepare a memo. These memorandum of appeal summarized the legal complaint, make analysis to the assessment, whether the court has the right to decide the case, then whether or not to accept the application for appeal to make recommendations to the Supreme court. A judge in the memo, make their own assessment, the judge determines whether the hearing in the Supreme Court during every two Monday at the non open meeting on the application for review. After that, the judge often make their own legal assistant for further investigation on appeal. In this case, the legal assistant will prepare a follow-up memorandum to judge their. The justices in closed session held on the -- in addition to judge without any other supreme court staff to attend these meetings -- the application to discuss and to approve or refuse to accept the vote on each piece of appeal. The application must be at least 4 of the 9 justices who votes can be accepted.

Help the judge for hearing

In determining the appellate case, the Supreme Court has set a timetable, other parties that case and case had a special relationship -- the so-called "friend of the court" (Amici CuriaeSubmit a written defense -- according to the case). The court also set a date for the parties to the Supreme Court case for oral argument, to all judges. Second important legal assistant from the beginning of the Supreme court. Before the debate on the case, legal assistant to write you judge, they serve a bench memo (bench memorandum), preparing for final decision to help judges hearing and cases. In general, a judge of the Supreme Court agreed to a memorandum written summary of the admissibility of the case and the related legal analysis. The judge will often indicate its legal assistant parties to a lawsuit, not involved in the offer but possible legal issues important to how the court ruling in the case of the investigation. Legal assistant and then add the results of the investigation and Analysis on the memo. Every one of the judge on his office management approach is somewhat different, for example, not all the demands of its legal assistant judge memo written.

After oral argument, the justices closed door meeting, to discuss the case and the case of the vote. Verdict result depends on the 5 or 5 or more justices voted unanimously. If the chief justice and the judges in the majority vote, he will take the drafting of the legal opinion to himself or one of the justices vote majority. Judicial opinions given the verdict, and interpretation of the Supreme Court decision inference process. In American legal system, judicial opinions become part of the law, become a binding precedent, the judge must abide by the legal issues involved in the later the same or similar to a great extent in the case. If the supreme court disagreed -- in other words, if some justices hold different views on the majority in favor of the position, the award or reasoning -- so, these few justices in the most senior judge can write their own different opinions, but also to the work assigned to the other justices hold different views (if there is more than one judges disagree). For example, if the chief justice minority opinions, so with the majority opinion of the next most senior judge (according to serve on the Supreme Court and for years) decide who wrote the opinion of the Supreme Court (the majority), but by the chief justice who wrote the different opinions.

To assist in the investigation and drafting judicial opinion

Once a judge appointed representative of the Supreme Court justices drafting majority opinion documents (opinion), or decide to put forward different views, the legal assistant judges please draft memorandum to judge a case with the Supreme Court Library (sometimes with other library cooperation, such as the Library of Congress) a extensive investigation. Assist in the investigation and drafting judicial opinions is the third major tasks of the Supreme Court Legal assistant. The judges think that opinion draft content is complete, he / she will make a legal assistant will opinions finalized, send the other judges review. If the judicial opinion is a majority of the court's opinion, by each one of the justices hold the majority opinion of opinions are considered, and decided whether he / she is officially endorsed the majority opinion. Sometimes, the judge agreed opinions conclusion may please justice who wrote the opinion added a point or to do some modifications in the opinion. Legal assistant judge in charge of drafting opinions will agree to accept the modifications based on the judge, and then after the modification of representations again submitted for your justice review. This modification is repeated, until all the majority opinion have formally expressed the final text in favor of opinion. If there are different views -- may be more than one of the justices have different views -- every one of the justices hold different opinions will submit its opinion for all judges review. The judge wrote the majority opinion of the book is often added for justice dissenting arguments in opinions within the answer. To decide on the majority opinion and different views of the content, the legal assistant wrote the majority opinion and wrote the different opinions of justices and judgments records release Officer (reporter of decisions) to determine the final text a public opinion. This process includes the accuracy of all the citations in the judicial opinion of the audit, and ensure that the formal submissions in accordance with the Supreme court.

Opinions as soon as we release preparation, justice who wrote the opinion in a formal hearing orally announce to the public the decision of the court, the reasoning process and an overview of the verdict. Sometimes, the first draft of the justice will ask legal assistant their writing an oral statement.

Emergency appeal for help

The fourth major tasks of Supreme Court Justice legal assistant is to assist the judge to submit to the Supreme Court of appeal for emergency decision, most of which the application is requesting a stay of execution of prisoners put forward. The Supreme Court has about one or two times a week to receive such requests, sometimes is requested in a few hours before the execution of the death penalty. Each justices and were randomly assigned to treatment of a legal assistant emergency cases for investigation and analysis of the legal basis of the appeal, and then submitted to the court he / she served a judge agreed to a stay of execution or refuse to accept the vote. To delay the decision must have at least 5 justices vote.

Many resources the Supreme Court including legal assistant time, was used to submit an annual 7000Many appeals for review, decide whether to accept the case.

Therefore, the four main task is: the Supreme Court Legal Assistant drafting memorandum drafting, review, assist bench memo drafting judicial opinions, to assist the judges review for a stay of execution of the urgent appeal. In addition, some justices legal assistant drafting speeches or other speech to the public.

Ask: compared to your previous clerkship, in the Supreme Court have what different? With you in the other court legal assistants have in common?

Scarlett: to Supreme Court justice Stephen Breye (Stephen G. Breyer) as an assistant before I do, Ann Williams judge in Chicago Illinois seventh Federal District Court of appeal (Ann C. Williams) assistant. There are many differences between the two job. Perhaps the biggest difference from the fact, that the Supreme Court has the right to choose whether to appellate cases. If a party appeals from the federal trial court to the court of appeal, as long as the case with jurisdiction, the court of appeal willMustAcceptance.

But, with a few exceptions, the Supreme Court is not the case. Therefore, many resources the Supreme Court including legal assistant time, was used to annually submitted more than 7000 pieces of an application for review, decide whether to accept the case. In deciding whether to use its option and under the specific circumstances of the case when the Supreme Court agreed to hear, to consider a wide range of issues, however, the most important factor to make the Supreme Court review of a case is often, whether the federal court of appeal under federal law to make different decisions on the same issue, namely the existence of the ruling difference. If there is a difference, the Supreme Court will often intervene, make a clear decision on the legal issues, so as to establish a unified national standard, whether this problem originates from California, New York or florida.

Another big difference between legal assistant in the court of appeal and the Supreme Court to delay the execution of the application. On receiving such a request the court every one or two weeks; in the court of appeal, the number of such applications will be much lower. Therefore, the Supreme Court Legal Assistants spent a lot of time to assist the evaluation of emergency applications, some of which can be filed late into the night.

AskJudicial process: what would be surprising to our readers?

ScarlettCharacteristics: a Supreme Court justices often publicly mentioned is to live together in peace together, respectful relationship between colleagues. Although the Supreme Court ruling is sometimes very controversial cases, such as abortion, gun control or the right to vote, and the debate was the right decision of these cases, but they obviously very respect this mechanism each other and the Supreme court. And they said, they will not because of the differences of opinion affect each other between working relationship.

Ask:How do you feel about your legal assistant to serve on the Supreme Court?

Scarlett:

I can say, for justice Breye do assistant is an experience so far my occupation career the most abundant, the most substantial, I am grateful.

The opinions expressed in this article do not necessarily represent the views or policies of the government of the USA.Philippa Scarlett: Although the specific task of legal assistant every judge has each different, but American Supreme Court Legal Assistant is responsible for the work in general there are four types of:

Review case

Help the judge for hearing

In determining the appellate case, the Supreme Court has set a timetable, other parties that case and case had a special relationship -- the so-called "friend of the court" (amici curiae) -- according to the case, submit a written defense. The court also set a date for the parties to the Supreme Court case for oral argument, to all judges. Second important legal assistant from the beginning of the Supreme court. Before the debate on the case, legal assistant to write you judge, they serve a bench memo (bench memorandum), preparing for final decision to help judges hearing and cases. In general, a judge of the Supreme Court agreed to a memorandum written summary of the admissibility of the case and the related legal analysis. The judge will often indicate its legal assistant parties to a lawsuit, not involved in the offer but possible legal issues important to how the court ruling in the case of the investigation. Legal assistant and then add the results of the investigation and Analysis on the memo. Every one of the judge on his office management approach is somewhat different, for example, not all the demands of its legal assistant judge memo written.

To assist in the investigation and drafting judicial opinion

Emergency appeal for help

Supreme Court justice Sandra day O Conner (Sandra Day O'Connor) (left) and her former legal assistant, Arizona Supreme Court judge Ruth V Mcgregor (Ruth V. McGregor) together.

Many resources the Supreme Court including legal assistant time, was used to annually submitted more than 7000 pieces of an application for review, decide whether to accept the case.

Q: compared to your previous clerkship, in the Supreme Court have what different? With you in the other court legal assistants have in common?

Scarlett: to Supreme Court justice Stephen Breye (Stephen G. Breyer) as an assistant before I do, Ann Williams judge in Chicago Illinois seventh Federal District Court of appeal (Ann C. Williams) assistant. There are many differences between the two job. Perhaps the biggest difference from the fact, that the Supreme Court has the right to choose whether to appellate cases. If a party appeals from the federal trial court to the court of appeal, as long as the case with jurisdiction, the court of appeal must be accepted.

Q: what are the judicial process would be surprising to our readers?

Scarlett: one of the characteristics of the Supreme Court justices often publicly mentioned is to live together in peace together, respectful relationship between colleagues. Although the Supreme Court ruling is sometimes very controversial cases, such as abortion, gun control or the right to vote, and the debate was the right decision of these cases, but they obviously very respect this mechanism each other and the Supreme court. And they said, they will not because of the differences of opinion affect each other between working relationship.

Q: how do you feel about your legal assistant to serve on the Supreme Court?

Scarlett:

I can say, for justice Breye do assistant is an experience so far my occupation career the most abundant, the most substantial, I am grateful.

The opinions expressed in this article do not necessarily represent the views or policies of the government of the USA. Ask:

The Supreme Court Legal Assistant take what work?

Philippa Scarlett: Although the specific task of legal assistant every judge has each different, but American Supreme Court Legal Assistant is responsible for the work in general there are four types of:

Review case

Help the judge for hearing

To assist in the investigation and drafting judicial opinion

Emergency appeal for help

Many resources the Supreme Court including legal assistant time, was used to annually submitted more than 7000 pieces of an application for review, decide whether to accept the case.

Q: compared to your previous clerkship, in the Supreme Court have what different? With you in the other court legal assistants have in common?

Q: what are the judicial process would be surprising to our readers?

Q: how do you feel about your legal assistant to serve on the Supreme Court?

Scarlett:

I can say, for justice Breye do assistant is an experience so far my occupation career the most abundant, the most substantial, I am grateful.

The opinions expressed in this article do not necessarily represent the views or policies of the government of the USA.

Unknown to the public, hard work

2013.05.29

William Souter

This paper included in "American Supreme Court: everyone is equal before the law".

American Federal Supreme Court has nine members to assist the court to perform their duties, the following is one of the four currently serving officials readme. The group included: the clerk (the clerk), executive (the marshal), decision records release Officer (the reporter of decisions), public information officer (the public information officer). These officials described them in the Supreme Court's role in the management and their feelings about their work. The other five officers: the chief justice of the Supreme Court adviser (the counselor to the Chief Justice), long (the Librarian), the court adviser (the Court counsel), (the curator), the museum director of data systems (the director of data systems).

William•Sutter.William K. Suter)

The clerk

William·Sutter1991As America Federal Supreme Court article19Clerk, in his previous occupation America army served as officers and army retired lawyer, before the rank of major general. He graduated from the Trinity University in Sanantonio (TexasTrinity University in San Antonio) and Luis Anna Snovoorleans (the Tulane University School of lawTulane University School of Law in New Orleans).He will be in2013Years after his retirement.

Just as I was as a military judge, service expires and the end of my career in the army, I learned that American supreme court clerk position will be open, and I handed the application, after the interview two days to get the job. That was 18 years ago, since I was appointed to the Supreme Court clerk since nineteenth every day is so exciting!

In the end, the clerk's job is to act as a link between the lawyer, litigation, the people and the court. As far as I know, every one of the Supreme Court of the world has a clerk. In Canada, this position is called the Registrar (the registrar), in Brazil is called the Secretary General (secretary general); in the whole of Europe and Asia, every court has a clerk.

In American Federal Supreme Court, when you want to propose a procedure, an appeal or a petition presented to you, not wearing a robe of the people; you go to see the clerk or his or her designated personnel, by these people to handle the relevant legal documents. The Supreme Court consists of 32 people, the legal assistant includes be trained with regularity, non legal assistant and lawyers. They are responsible for the collection of documents and determine the cases received in accordance with the Supreme Court's condition, and the timely registration. We properly prepare all kinds of documents, so that judges can make decisions on the parties.

I am in the Supreme Court also bear the ritual duties. For example, I have to attend the sessions of the court debate all round; I sat at one end of the bench, the Court Executive sat at the other end. Our responsibility is to provide the necessary help in. In addition, when lawyers request, request is received into the Supreme Court -- lawyers to practice in the Supreme Court Chief Justice --, must be considered and approved the request member of our lawyers association, I will administer the oath of new members to the Supreme Court Bar association.

I have to listen to more than 1300 oral argument in this position. The lawyers have he spent hundreds of hours of careful preparation and practice their argument, but they still very nervous, because they face is the nine Supreme Court justices very wise, and they all have been carefully read the abstract and prepare dozens of problems.

We try to help lawyers, they make in the Supreme Court when the respondent not too nervous. I also wrote a pamphlet to lawyers advice, what to do, what not to do. In any case, the court is the best opportunity for oral defense lawyers to display.

The Supreme Court is still always persist firmly in followed the tradition and norms of behavior. One of the highest court tradition is a coat and striped trousers combination of morning dress, every time when the court, I and executives are this outfit, all former we also is such. As for the code of conduct, no major small case at the Supreme Court, all cases are important; no one give oneself over to blind emotions, your task is to perform their duties.

As many years of legal professionals, lawyers and America citizen, I have always respected the feelings of our legal system and the Federal Supreme Court, a day into the building, I feel extraordinary significance. Here we have a sense of mission for the Supreme Court, think we have done is to help the court to perform the promise in the constitutional responsibility.

PamelaTalkin(Pamela Talkin)

Executive

Pamela Toki is America Federal Supreme Court's tenth chief executive, is also the first woman to hold the position. She has Brooklyn College of The City University of New York (City University of New York at Brooklyn College) Spanish professional bachelor's and master's degree, held this office before is a regulator -- American federal law office -- the Deputy Executive Director (deputy executive director of the U.S. Office of Compliance).

I am responsible for the management of the Federal Supreme Court building security, operation and maintenance. The show one's face in public my duty is, the Supreme Court each year from October to June of the next year's session, each time I must come to perform "Huan Ting" duties. Before the court, I'll knock the gavel -- in the court room I was the only one with the mallet -- introducing the nine judges in the court, and in a formal hearing the word "Ming ye call! Woo eee! Woo eee!" (Oyez! Oyez! Oyez!) declared the court.

I was the first female chief executive, and only the Supreme Court history tenth chief executive, all former I wore suits, when I became CEO, there is no doubt that I must wear formal dress in court male predecessors I through: formal morning coat by tuxedo, Pinstripe trousers and waistcoat combination.

One of my most important job is to keep the security of the court. I manage the court's independent police forces, defend the court building, and provide security for the judges, court other employees and visitors. When I took just eight weeks, in September 11, 2001, took place on the USA terrorist attacks on security, the Supreme Court, the event changed all of us look at public security and access control method.

Another of my main responsibilities is to "travel with justice", that is to say, I was responsible for the justices to Congress to listen to the state of the Union speech, attended the presidential inauguration, and participate in the funeral and other official activities, and ensure their activities in these security. in addition, every year in the Federal Supreme Court held thousands of lectures, conferences, banquets and other activities, most of them from my department coordination.

Chris Tin•Lu jock•Fallon(Christine Luchok Fallon)

Judgement record released official

Chrissy Ting Lu, Fallon (, jockChristine Luchok Fallon) in 2011 to become the Federal Supreme Court sixteenth decision records release officer. She graduated from West Virginia, Morgan Kingston, West Virginia University (West Virginia University in Morgantown, West Virginia), and The Catholic University of America in Washington Kolumb law school graduates (the Columbus School of Law at Catholic University of America in Washington). In this position before, she worked as a lawyer, legal editor and the Federal Supreme Court associate judgment records release officer.

Pamela Tonkin

My main job is to ensure that the statement of legal opinion Supreme Court decision results published in a "America cases" (United States Reports). The laws of the Books are numerous. award is the official publication of the court.

In each case the Supreme Court announced verdict, the staff and I must carefully review each piece of advice, in order to ensure the accuracy, citation and citation style appropriate, no typing and grammatical mistakes. Our office lawyer and lawyer assistant for each item of legal advice every case of the draft for review. These legal opinions after the announcement, we also edit again, and then included in the "America cases".

We also write an analysis case of the award, known as the "concise analysis" (syllabuses). Although "concise analysis" is released official duties, but the justices to each a "concise analysis" to approval, so "concise analysis" can also reflect the style of the judges.

I am the Federal Supreme Court's sixteenth decision records released official, was also the first woman to the position. The Federal Supreme Court since 1790 for the first time a trial had judgment records release officer. However, the previous judgment records release, have a common characteristic: they are not court employees, but publishers, they carefully record the court trial process, then these records to the public trial. Today, my position is one of five legal position. Although each of my colleagues in the court duties, but we have the spirit of teamwork spirit be worthy of the name of the act with United strength.

To appear in court as a case for the defense lawyer may need to consult the court opinion to the similar case. During oral argument, justice will ask them to explain what other case and the court put forward arguments heard in his view, the decision must be recorded accurately reflect the court's decision, this is a very important point.

I'm in the Federal Supreme Court for 25 years, first as assistant decision records released official, now as the judgment records release officer. I have the honour to deal with many interesting and important cases, including the make known to every family of the Bush v. Gore (Bush v. Gore), multiple relates to federal campaign finance law case, and "the patient protection and affordable health insurance act" (Patient Protection and Affordable Care Act). No matter whether the news value, from a technical point of view, each case issued Federal Supreme Court must try to correct.

Each case verdict should be accurate at the time of its publication, in this respect I think that in recent years, I become more and more important, because the public expected to immediately check to the court verdict. I just to the Supreme Court, the legal opinions issued by the printed text form. Some want to consult legal advice to wait three to four days to get a copy of the written documents. Today, the Federal Supreme Court issued within a few minutes the copy is published on the website of the court verdict, any interested people can access the internet. Within a few hours, I can receive the reader inquiries, pointed out the mistake or they think is wrong words. Therefore, before the release of a case, judgment records release officer must strive to ensure that every detail is not wrong, this is more important than any time before.

CatherineLan Ding•Arberg(Kathleen Landin Arberg)

Public Information Officer

Catherine Lambdin Arberg in 1999 to become the fifth USA Federal Supreme Court as a public information officer. She graduated from the University of Virginia, was originally a federal court of Appeals for the fourth circuit (U.S. Court of Appeals for the Fourth Circuit) to move the clerk (motions clerk), also served as a case manager tax court legal assistants and American bankruptcy court.

I'm USA Federal Supreme Court's fifth public information officer, the position was established in 1935, the then chief justice recognized media failed to accurately report the opinion of the Supreme Court, or simply not reported. In order to remedy the situation, on the establishment of a public information office, as a source of information and the supreme court reporters and public relations agencies. As the Supreme Court spokesman, my main responsibility is to: promote Supreme Court history and functions to the public, the judges announced the court orders and opinions in court at the same time in my office for publishing, and strive to enhance accurate according to media reports.

The federal supreme court reporter group composed of about 35 people from 18 news agencies, their task is to full-time reports about the Supreme Court news. However, for high-profile cases, there may be more than one hundred reporters came to the US Supreme court. The Supreme Court provides the news room for journalists, those fixed reported the highest court news reporter also enjoy special assigned to their place of work. The Supreme Court also provide small studio for television and radio reporters to use.

For not allowing the Supreme Court to take pictures, so I used the artist sketches to describe the oral argument. But after oral arguments, the reporters and photographers gathered at the marble Plaza, lawyers on the interview and case.

Until ten a.m. the justices declared before the decision, no prior knowledge of its content, therefore, there is a suspense, especially near the term end -- usually at this time to the public the high-profile case verdict.

My office is the judicial opinion according to their will in the court announced the order, and announced in court order is based on seniority justice who wrote the opinion of the.

We listen to the announcements of the court from the office of the loudspeakers, to be issued in each submission read. The authoring justice judicial opinion would be the case and the court ruled for a brief. Some reporters listen in my office to read, so they can get advice, and immediately wrote the report. Some reporters in court to hear the read, there are reserved for the press seat.

The public information office never a legal opinion or tries to explain, because the opinion of the court itself is the best show. But we will provide guidance for the journalists, tell them where to find it, or how to find outside of court may help people, as in the case of trial lawyers or constitutional expert.

The above represent only the author's views.

The justices of the Supreme Court American

2013.05.29

The justices of the Supreme Court of America. Sitting, from left: Clarence Thomas, Anthony Scalia, John Roberts, Anthony Kennedy, Ruth Bader Ginsberg. Standing, from left: Sonia, Sotomayor, Stephen Braye, Samuel Alito, Ailinna Kagan. (Photo courtesy of American Supreme Court)

This paper included in "American Supreme Court: everyone is equal before the law".

Chief justice John s.Roberts(John G. Roberts Jr.) was born in January 27, 1955 in Buffalo, New York (Buffalo), 1996 and Marie Sullivan (Marie Sullivan) married, they had two children -- Josephine (Josephine) and John (John). He was in 1976 in the Harvard College (Harvard College) to obtain a bachelor's degree, in 1979 at the Harvard University School of law (Harvard Law School) earned a law degree. From 1979 to 1980 second Federal District Court of appeals judge Henry Friendly (Henry J. Friendly) of the law clerk (law clerk), and as a judge of the Supreme Court of the American William Rehnquist (William H. Rehnquist) office in 1980 Secretary officer; from 1981 to 1982 served as special assistant to the Minister of justice from 1982 to 1986 American; in the office of White House counsel (White House Counsel 's Office) served as the Ronald Reagan (Ronald Reagan) Deputy Legal Adviser to the president (Associate Counsel); 1989 to 1993 as the United States chief solicitor general (principal deputy solicitor general); from 1986 to 1989 and from 1993 to 2003, lawyers in Washington to do; 2003 was appointed to the federal court of appeals America Washington (U.S. Court of Appeals for the District of Columbia Circuit) by the judges; George W ∙ Bush (George W. Bush) presidential nomination as USA Federal Supreme Court chief justice, in September 29, 2005 the official position.

Judge Antonin s.Scalia(Antonin Scalia)Born in March 11, 1936 in Trenton City, New Jersey (Trenton), his wife Mo Lin Mccarthy (Maureen McCarthy), they had 9 children -- an ∙ Forrester (Ann Forrest), Eugene (Eugene), John Francis (John Francis), Catherine Elizabeth (Catherine Elisabeth), Mary Clair (Mary Clare), Paul David (Paul David), Matthew (Matthew), Christopher James (Christopher James) and Margaret Jane (Margaret Jane). He was at the Georgetown University (Georgetown University) and the Swiss Fribourg University (University of Fribourg) to obtain a bachelor's degree, graduated in law at the Harvard University law school, from 1960 to 1961 as professor Sheldon of Harvard University School of law (Sheldon Fellow). From 1961 to 1967 in Cleveland, Ohio (Cleveland) practice; at the University of Virginia from 1967 to 1971 (University of Virginia) Professor of law at the University of Chicago from 1977 to 1982; (University of Chicago) Professor of law at Georgetown University and the Stanford University; during this period (Stanford University) as a visiting professor of law; from 1981 to 1982 served as president of the administrative law division USA Lawyers Association (Section of Administrative Law); 1982 to 1983 as the Association Joint Conference division (Conference of Section) served as the chairman; following positions in the America federal government: from 1971 to 1972, the office of Telecommunications Policy (Office of Telecommunications Policy) chief legal adviser, from 1972 to 1974, USA Administrative Conference (Administrative Conference of the United States) the chairman; from 1974 to 1977, director of the office of legal counsel (Office of Legal Counsel) assistant attorney general (Assistant Attorney General). 1982 was nominated as the federal court of Appeals for the District of Columbia judge. Nominated by President Ronald Regan as USA Federal Supreme Court justices, September 26, 1986 officially inaugurated as the.

Judge Anthony s.Kennedy(Anthony M. Kennedy) was born in July 23, 1936 in Sacramento, California (Sacramento), his wife Marie Davies (Mary Davis), and they have three children. He studied at Stanford University and the London School of Economics (London School of Economics) to obtain a bachelor's degree from the Harvard University law school, earned a law degree. From 1961 to 1963 and from 1963 to 1975 were practicing lawyer in California, San Francisco, and the city of Sacramento, 1965 and 1988 at University of the Pacific School of law (McGeorge School of Law, University of the Pacific) as a professor of constitutional law; served as the following position: in 1961, the California National Guard members; from 1987 to 1988, the board of the Federal Judicial Center (the board of the Federal Judicial Center); in the Federal Judicial Conference (Judicial Conference of the United States) of the two committee::1979 until 1987, financial disclosure reports and judicial activities Advisory Group (the Advisory Panel on Financial Disclosure Reports and Judicial Activities) members of the organization, later renamed the behavior standards advisory committee (Advisory Committee on Codes; and Conduct) from 1979 to 1990, Committee on Pacific territories (Committee on Pacific Territories) members, which from 1982 to 1990 served as the chairman of the Committee; 1975 was nominated as USA court Federal District ninth appellate judges; nominated by President Ronald Regan as American Federal Supreme Court The judge, in February 18, 1988 officially inaugurated as the.

Judge Clarence s.Thomas(Clarence Thomos)Georgia Savoy was born in June 23, 1948, near the city of "tip town" (Pin Point), 1987 and Virginia B. Lumpkin (Virginia Lamp) to get married, have a son with his ex-wife -- Gamal, Ardennes (Jamal Adeen). He attended St. the French Institute (eption Seminary), at the College of the Holy Cross (Holy Cross College) Cum Laude bachelor's degree in law from the Yale University School of law, 1974 (Yale Law School) law degree. The qualification of the same year in Missouri Prefecture; Missouri from 1974 to 1977 served as assistant state attorney general; from 1977 to 1979 in the Monsanto Company (Monsanto) attorney; 1979 to 1981 served as Senator John Danforth (John Danforth) legislative assistant; assistant foreign minister from 1981 to 1982 he was USA education department is responsible for civil rights (Assistant Secretary for Civil Rights); 1982 to 1990 as the Equal Employment Opportunity Commission (USA U.S. Equal Employment Opportunity Commission) chairman; in 1990 as the federal court of Appeals for the District of Columbia judge; by George H.W. Bush (George H.W. Bush) presidential nomination as USA Federal Supreme Court justices, October 23, 1991 officially inaugurated as the.

Judge Ruth s.BuddGinsberg(Ruth Bader Ginsburg)Born in March 15, 1933 in New York City, Brook forest (Brooklyn), 1954 and Martin Ginsberg (Martin D Ginsburg) to get married, have a son and a daughter -- James (James) and Jane (Jane). She earned her bachelor's degree from the Cornell University, he enrolled in the Law School of Harvard University, and earned a law degree at Columbia University School of law. From 1959 to 1961, as the New York Southern District federal court judge Edmund Palmilleri (Edmund L. Palmieri) legal secretary; from 1961 to 1963 in the international program of Columbia University School of law (Project on International Procedure) has served as deputy director of research and projects; from 1963 to 1972 and 1972 to 1980 at the Larter Gus University (Rutgers University) Professor of law and the Columbia University law school; in 1977, 78 years in the center for advanced study in Stanford University Behavioral Science (Center for Advanced Study in the Behavioral Sciences in Stanford, California) as a research fellow in 1971; American civil liberties Association (American Civil Liberties Union, referred to as ACLU) to establish a "women's rights project" (Women 's Rights Project) played an important role in the process; 1973 to 1980 served as general counsel ACLU; from 1974 to 1980 and served as the National Council of the organization (National Board of Directors) director; 1980 was nominated as the federal court of Appeals for the District of Columbia judge; Bill Clinton (Bill Clinton ) presidential nomination as American Federal Supreme Court The judge, in August 10, 1993 officially inaugurated as the.

Judge Stephen s.Breye(Stephen G. Breyer) was born in California in August 15, 1938, San Francisco (San Francisco), 1967 and Joanna Hale (Joanna Hare) married, had three children -- Chloe (Chloe), Nell (Nell) and Michael (Michael). He has a school of Stanford University and University of Oxford Magdalen (Magdalen College) Bachelor's degree and law degree from the Law School of the Harvard University. In America Supreme Court justice Arthur Goldberg (Arthur Goldberg) served as law clerk office in 1964; from 1965 to 1967, chief of antitrust issues America assistant attorney general's special assistant; in 1973 the Watergate special prosecution team assistant special prosecutor (Assistant Special Prosecutor of the Watergate Special Prosecution Force); 1974 to in 1975, Ren America Senate Judiciary Committee (U.S. Senate Judiciary Committee) special counsel; from 1979 to 1980, chief legal adviser to the Committee; 1967 to 1994 years, successively served as assistant professor, law professor and lecturer at the Harvard University law school; 1977 to 1980 years, professor at Harvard University's Kennedy School of government; over the same period as a visiting professor in Australia Sydney law school and the University of Rome; from 1980 to 1990, as USA federal court first district appellate judges; from 1990 to 1994, chief justice of the court of appeal; over the same period is USA judicial Conference (Judicial Conference) members; from 1985 to 1989, as America Sentencing Commission (United States Sentencing Commission) members; by Bill Colin Clinton Named for the USA Federal Supreme Court justices, August 3, 1994 officially inaugurated as the.

Judge Samuel s.Alito(Samuel A. Alito, Jr)Born in New Jersey in April 1, 1950 Terre Dayton (Trenton), 1985 and Martha Ann Gaertner David Bohm (Martha-Ann Bomgardner) married, has a son and a daughter -- Philip (Philip) and Laura (Laura). He studied at the Princeton University (Princeton University) and the Yale University law school, from 1976 to 1977, as American third Federal District Court of appeals judge Leonard Garth (Leonard I. Garth) legal secretary; from 1977 to 1981, served as Assistant U.S. attorney. The West; from 1981 to 1985, served as attorney general America assistant attorney general (Assistant to the Solicitor General); from 1985 to 1987, served as Deputy Assistant Secretary of America Ministry of Justice (Deputy Assistant Attorney General); from 1987 to 1990, Ren. The Western federal prosecutors; 1990 was appointed American court Federal District third appellate judges; by George W ∙ Bush presidential nomination as USA Federal Supreme Court justices, January 31, 2006 officially inaugurated as the.

Judge Sonia s.Sotomayor(Sonia Sotomayor)Bronx District of New York city (Bronx) was born in June 25, 1954, in 1976 was awarded a bachelor's degree in Princeton University, the most outstanding achievements (summa cum Laude) graduated and got the highest academic award, graduated in law at the Yale University law school in 1979, and served as the "Yale Law Journal" (Yale Law Journal) editor. From 1979 to 1984 served as an assistant district attorney in New York County District Attorney's office; from 1984 to 1992 in New York City, Pavia & Harcourt (Pavia & Harcourt) law firm, majoring in international trade, and become one of the partner; in 1991 as the America South New York District Court judge George H.W. Bush presidential nomination, since 1992 hold the office until 1998; from 1998 to 2009 as USA court Federal District second appellate judges; by Barack Obama (Barack Obama) presidential nomination as America Federal Supreme Court justices, August 8, 2009 officially inaugurated as the.

Justice ElenaKagan(Elena Kagan)Born in April 28, 1960 in New York city. In 1981 she with excellent results obtained bachelor's degree from Princeton University, and Princeton University's Daniel Sachs Scholarship (Daniel M. Sachs Graduating Fellow), and studied at the University of Oxford in the College of Wooster (Worcester College), received his master's degree in 1983. In 1986 she with outstanding results earned a law degree at Harvard University School of law, and in the academic year as "Harvard Law Review" (Harvard Law Review) editor. From 1986 to 1987, she served as Columbia court of Appeals for the DC federal judge Abuna Mikva (Abner Mikva) law clerk, and Supreme Court justice Thurgood Marshall (Thurgood Marshall) 1987 term as law clerk. She worked at a Washington law firm practice for a period of time, then at the University of Chicago School of law (University of Chicago Law School) taught and Harvard University School of law. She had four years of President Clinton, vice president for domestic policy adviser and deputy assistant. She served as Dean of the Harvard University School of law in 2003 to 2009 years. In 2009, the President nominated her as America attorney general (Solicitor General of the United States). A year later, the President nominated her as a judge of the Supreme Court, in August 7, 2010 she officially inaugurated as the.

(retired) justice SandraO Conner(Sandra Day O 'Connor)Born in March 26, 1930 in Texas, El Paso (El Paso), 1952 and John O Conner (John Jay O 'Connor III) married, had three sons -- Scott (Scott), Brian (Brian) and Jay (Jay). She earned her bachelor's degree and a law degree from Stanford University. From 1952 to 1953, Ren San Mateo County, California (San Mateo County) Deputy Prosecutor; from 1954 to 1957 in Frankfurt, Germany (Frankfurt) supplies Market Center (Quartermaster Market Center) as a civil rights attorney; from 1958 to 1960, in the horse rivelle City, Arizona (Maryvale) practice; from 1965 to 1969, as director of the Arizona assistant the Minister of justice; in 1969 was named the Arizona State Senator, then re elected two two-year term; 1975 was chosen as Marek Pa Shire (Maricopa County) high court judge, in this position has been to 1979, the year she was appointed to the Arizona Court of appeals judge (Arizona Court of Appeals). Nominated by President Ronald Regan as USA Federal Supreme Court justices, September 25, 1981 officially inaugurated as the. Retired in January 31, 2006.

(retired) justice David Souter(David H. Souter) was born in September 17, 1939 in Massachusetts, Mel Ross (Melrose), he graduated from Harvard College and received a bachelor's degree, was a Rhodes scholar at the University of Oxford (Rhodes Scholar) identity of Magdalen College for two years, from the University of Oxford law Bachelor of Science degree, and received a master's degree in school in 1989. After obtaining a law degree from Harvard University, in 1966 to Concord City, New Hampshire (Concord) orr - Reno (Orr and Reno) law firm, until 1968, the year was appointed as assistant attorney general in 1971, the state of New Hampshire; a state solicitor general; 1976 served as Deputy Minister of justice; in 1978 was named the New Hampshire the high court; in 1983 was appointed as the New Hampshire appeals court judge; in May 25, 1990 to become the first region America federal court appellate judges; by George H.W. Bush presidential nomination as USA Federal Supreme Court justices, October 9, 1990 officially inaugurated as the. Retired in June 29, 2009.

(retired) justice John Paul Stevens(John Paul Stevens)In April 20, 1920 was born in Chicago, Illinois, his wife Marianne, Holland (Maryan Mulholland), they had four children -- John Josef (John Joseph) (died), Catherine (Kathryn), Elizabeth Jane (Elizabeth Jane) and Susan Roberta (Susan Roberta). He has a law degree from University of Chicago and Northwestern University law school degree. From 1942 to 1945 in the Navy; after the Supreme Court justice Wiley Rutledge (Wiley Rutledge) 1947 term the clerk; in 1949 to become a practicing lawyer in Illinois; 1951 to 1952 years as American House Judiciary Committee (Judiciary Committee of the U.S. House of Representatives) Subcommittee on monopoly power research (Subcommittee on the Study of Monopoly Power) Deputy Legal Adviser; from 1953 to 1955 as the research USA justice minister under the Antitrust Law National Committee members; in 1970 he was appointed Vice President of the Chicago Lawyers Association, second; 1970 to 1975 as the federal seventh district court of appeals judge; by Gerald Ford (Gerald Ford) presidential nomination as USA Federal Supreme Court Justices, December 19, 1975 officially inaugurated as the. Retired in June 29, 2010.

Each other across borders, American: judicial system of international exchange

2013.05.29

This paper included in "American Supreme Court: everyone is equal before the law".

Authors: Mira Gul '(Mira Gur-Arie)

Mira· the aure is educational and research institutions USA federal court -- judicial relations office the Federal Judicial Center (International Judicial Relation Office of the Federal Judicial Center) -- the director. She is briefly introduced in this paper all over the world judges can be used to exchange information and mutual support of the project in the common mission to maintain the rule of law in.

USA court has in many ways been the impact brought by globalization, legal action more often involves taking evidence abroad, foreign law, international treaties and other legal problems, forcing judges to face the world. On the other hand, the trend has aroused USA judges interest in legal issues outside their jurisdiction, many American judges the reception of foreign legal workers visit, to attend an international conference, to participate in international projects of technical assistance. These international exchanges have been highly evaluated the participants and common benefit, the judges to exchange their maintenance meet legal challenges at work and gain experience.

USA judicial system has much to share, experience it has a long history, a sound legal system, the independent exercise of powers and the management of a large and diverse court system. American each received more than 2000 people from around the world judges and lawyers. In 2012, USA Supreme Court has received more than 800 from more than 95 countries visitor. These visitors included the Morocco, Kosovo, Philippines and other countries of the Supreme court.

Other national judicial delegation's visit is not confined to the capital of Washington, the federal courts across the country have received an interview with judge, provide trial watch, learn and understand American court judge function to USA counterparts for their. In 2012, more than 150 judges and court officials visited the Massachusetts District Court (Massachusetts District Court), including from Romania, Brazil and China judge; San Francisco court for the Northern District of California (California's Northern District Court) also received from other countries judges and court officials, there are more than 15 delegations to visit the the court every year; 2012 years, district court visit Utah (Utah's District Court) of people including 6 from the judges. In some cases, to judge other countries as an intern or "guest of the judge" in long-term professional exchange activities. A court in Massachusetts on the reception of such longer period, China visit South Korea and Turkey judge; these projects show visiting judges have the opportunity for an in-depth understanding of the judicial practice, America observe court procedure in different stages and learning legal research and drafting process of judgment.

Although visitors represent the country each are not identical, but the central problem in these exchanges have their common characteristics: how to improve the work efficiency of judges and judicial system? Visiting justices to take the efficient handling of cases USA judicial management, America judge strategy, culture method of judges and court staff, and experience in the implementation of the USA behavior norm of.

During these visits, foreign judges to observe all kinds of legal procedures, such as meetings, crime cases trial and bail hearing, trial, oral argument and bankruptcy proceedings. Perhaps most importantly, the judges to have the opportunity of visiting a one-on-one conversation with America judge. The judge and the judge to the exchange of experience between the visitor and host to understand each other for the judicial work of high perspicacity.

The common bond

Without a doubt, although both sides have differences in the tradition of the rule of law, ruling mechanism and other aspects of resources, but in the duty and mission is the same, the feeling between the points of each other. In every corner of the world, to maintain the dignity of court proceedings, to ensure that the rights of litigants are respected, it is the judge's responsibility. Judges often found, perform the duties usually very lonely burdens and trial work, is in fact a cross-cultural phenomenon. This understanding helps to communicate with their counterparts in other countries.

The idea of open the dialogue to develop into the advantages and disadvantages of different judicial systems in Frank exchanges. To American access judges particularly want to know many unique America court. From no jury system state judges have the opportunity to observe the jury selection process and the jury trial, they will immediately see the difference between the reality and the Hollywood movies, they tend to appreciate the mutual respect between jurors and judges. Similarly, the common law tradition has already be accustomed to the USA judges tend to judge the investigation in civil law countries the duties and powers of surprised. They are often different orientation on court procedure greatly interested, such as more emphasis on Lawyers submissions, and less value of oral testimony in court. The best starting point for dialogue and debate between the judge is discussed on professional terms, because the judicial system between peers use (trial, appeal, plea bargaining and so on) the term may have different meanings.

Visitors to the deeply rooted in the traditional America judicial independence and to judge the work brought many practical convenience often praise.

Visitors to the deeply rooted in the traditional America judicial independence and to judge the work brought many practical convenience often praise. One of the major benefits USA federal judge enjoys is lifelong system, this system for the judge to provide protection, which is not affected by the changes of political situation and the influence of social unrest. American court system also have plenty of resources, a new building many court, court operation is highly automated, and the administrative departments of the staff allocation for judges to perform their duties of great help.

American state and USAID established judicial exchange program. In Columbia, USA international development agency set up virtual court, remote areas so that justice can touch the country.

Some visiting judge to represent communication and support mechanism American judicial system. "America judicial conference" (Judiciary Conference of the United States) is responsible for formulating policies for the federal court. Its subordinate international judicial relations committee (Committee on International Judicial Relations) to coordinate the many activities among American judges and other judicial officers, the selection of expertise in certain areas of the judge in judicial construction projects, promoting foreign judicial delegation to visit courts across the country. These are USA Court Administrative Office (Administrative Office of the U.S. Courts) staff support, the organization responsible for the administrative court system, legal and regulatory affairs. It is a year at its Washington office reception foreign judges and court administrators, discuss the court automation, the budget process, media relations and court security and a series of issues and their.

Federal Judicial Center (Federal Judicial Center) is an educational and research institutions in the federal courts. The implementation method of the center added a provision as amended in 1991, required to provide related information to improve foreign judicial administration, and access to other national judicial system information, for improving the management of judicial USA.

The law emphasizes: must realize communication USA judicial and foreign counterparts is a two-way channel, it just USA experience to share with the world, but also help us to understand how other countries build their court system. The center of the "foreign judicial visiting scholar" project (Visiting Foreign Judicial Fellows) to provide opportunities for foreign judges are more targeted research, at the same time, they can also access American court, to communicate with American judges. Visiting scholars including one from the Bulgarian non-governmental organization law (committed to promoting judicial reform), one from the judge (wrote an article about the independence of the judiciary of the paper), and one from South Korea's Constitutional Court (Constitutional Court of Korea) study (studied USA judge Supreme Court accepted cases and in the form of meeting review cases).

Professional communication

In American many organizations and institutions dedicated to promoting international judicial cooperation. Established by the American Congress funded "open world" (Open World) project has a broad mission: through promoting the focus on democracy and ask professional exchange accountability of government, to promote "national American and Eurasian area and the Baltic States cooperation". Since the program was established in 1999, the rule of law in a project team has invited Russia, Ukraine, Lithuania and Uzbekistan more than 12000 judges and court professionals to America across the United States, on the court for a weeklong visit.

The most enthusiastic support American and other national judicial personnel exchange units may first American state (U.S. State Department). USA judges visited Peru, Austria, Kampuchea, Burkina Faso and Tunisia and other countries. USA Department of Justice (U.S. Department of Justice) also and American judges closely as part of the international technical assistance, the judge sent to many countries Georgia, Nepal, Arabia and the United Arab Emirates, and the delegation invited to other countries America.

USA agency for International Development (U.S. Agency for International Development) is also the judicial construction and international exchanges together, as its "democracy and governance" (Democracy and Governance) part of the project, the breadth and depth of these actions not only explains the firm commitment to promote America international judicial exchanges, but also reflects the strong interest to communicate America judges with world counterparts.

Although is a more formal occasions, international conference or American judges to foreign counterparts and they share the experience of learning or provide an effective approach. The conference is sponsored by international organizations or non-governmental organizations, some are sponsored by the university or private groups.

International Association of judges (International Association of Judges) is the national judicial organization of countries all over the world alliance, its annual conference focuses on the judicial system, legal status and program and other issues of interest to the judges.

Founded in 2002, the international organization for judicial training (International Organization for Judicial Training, IOJT) is committed to provide judicial education institution in the world to support the work of, in order to promote the rule of law. The two annual seminar, attended the judges and judicial education will discuss modern teaching methods, can improve the ability of judicial training institutions of distance education technology and strategy. Brandeis Institute for international judges (Brandeis Institute for International Judges) is a unique aspect is also committed to international judicial cooperation, it provides an experience sharing and discussion of best practice forum for international courts and tribunals had.

These judicial exchange from many aspects are very valuable. From every aspect of modern life can really feel the interdependent world, judicial work is the same. Between transnational disputes more and more and the whole world judicial system can be very convenient access to information, image and judicial opinions, showed the trend.

Meeting the judges and experienced different education system, different appointment procedures and different practical challenges and learn from each other, this opportunity is very valuable. Judges are given the opportunity to a different perspective to examine the judicial mechanism, and a new perspective to re-examine their own professional procedures and practices. The differences in language and tradition does not prevent them to recognize common mission -- insisting on judicial justice and safeguarding the public interest.