Document Type
Notes
Abstract
Geisinger v. Cook, 52 Ohio St. 2d 51, 396 N.E.2d 477 (1977), cert. denied, 98 S. Ct. 1451 (1978).
Judicial systems in states throughout the United States are undergoing reorganization. Clogged court dockets are focusing attention on largely archaic court systems in many states. In some areas, systems which were established during the 19th century to meet the needs of a largely agrarian society are intact today with only slight modification. Some form of court reorganization or consolidation will be necessary to cope with a vastly changed society. Unification of lower courts is now imminent in several states. There are, however, problems of transition involved in court reorganization and consolidation. One danger is that the state legislature, in its zeal to reform the state court system, may invade the independence of the judiciary. Legislatures can wipe out a judge's office by the act of abolishing his court. Reorganization provides the potential for political harassment of disfavored judges and for forcing jurists to become lobbyists in their own behalf. Judges should be free of direct legislative influence or control. Accordingly the legislature which undertakes a reorganization is faced with the problem of how to consolidate inefficient, overlapping inferior courts without infringing upon the independence of the judiciary.
Recommended Citation
Wald, Kathryn Sonderman
(1979)
"Court Reorganization: Legislative Incursion on Judicial Independence in Ohio,"
University of Dayton Law Review: Vol. 4:
No.
1, Article 9.
Available at:
https://ecommons.udayton.edu/udlr/vol4/iss1/9
Publication Date
1-1-1979
