Evening capital news. (Boise, Idaho) 1901-1927, 1916-12-01
Legislature May Be Asked
to Create Judicial Com
mission to Assist in Clear
ing the Supreme Court
Docket.
CASES ON APPEAL
RAPIDLY PILING UP
Commission, if Created, Will
Act in Advisory Capacity,
and Continue Only Until
the Docket Is Cleared.

The creation of a judicial commits
sion, the duties of which shall be to
| give relief to the supreme court of
| this state so that the cases pending
on appeal for the past two years may
be cleaned up and disposed of, may be
| asked of the next legislature. Excel
lent authority is foundation for this
report. The justices of the court have
individually been giving the matte.
serious attention. Collectively they
may later join in such a request to
the legislature.
In doing so they will follow in the
footsteps of the supreme court in
some other states which have been SO
crowded with appeals as to ask re-
lief from the legislature
TWO YEARS BEHIND.
At the present time the supreme
court of Idaho is $50 cases, on appeal
behind. If that tribunal did nothing
else and heard no other case for two
years from today, it would only be
able to dispose of the pending cases.
Almost each month finds the court
farther behind. During two of the
spring months this year when a check
Woo hSPb pil ippttllcu GtScS llltu, tflcTS
were 60 for the 60 days. 1t seems to
be well established fact, it is said,
that one justice can write so decisions
year so that the court can dispose
of $50 cases per annum t,.at require
decisions. Many more cases than
opinions written are filed each year,
however, which results in the rapid
increase in cases that the court has
been unable to reach.
The cause given for this increase is
the steadily growing litigation in ev-
cry judicial district in the state 1t is
claimed that as the state grows and
develops. as the population increases,
litigation requiring the attention of
the courts also grows. Idaho is not
an exception to the rule. Many other
states have been face to face with the
same condition.
HOW RELIEF CAN BE GIVEN.
The commissions proposal to give
the court the needed relief, is to have
such body created by -he new leg
islature. empower 1t to remain in ex-
istance until all of the cases on ap-
peal are disposed of and paw each
commissioner on the same per an
mum basis as the justices of the SUI
preme court are now receiving. Alter
nately the members of the commission
can then sit with two justices of the
supreme court, allowing the third jus
tice to devote his time to decisions.
The court Justieesc can also alternate
IN the same manner and in this way
more than double the number of APP
peals that are now being heard by the
court can be disposed of
CONSTITUTIONAL AMENDMENT.
1t is hoped to have the next legisla-
ture submit d constitutional amend
ment increasing the number of justices
of the supreme court from three to
five. If the Legislature does this and
the amendment is ratified by the cleo
tors of the state at the next general
election two years hence, the legisla-
tive enactment creating the judicial
commission will contain a provision
that it will automatically cease to
exist. the two additional justices taking
over the work of the commission.
In the state of California there has
been in existence for some years 4
similar to the one proposed
for Idaho. This is said to be likewise
true of Nebraska, Oregon and other
states where the courts have been hard
pressed by increasing litigation which .
1t has found impossible to dispose of. I
COURT CROWDED.
From the northern part of the state
md from the south, demands for relief
to clear away pending litigation has
been received by the court. II is said
that many attorneys whose clients have
been waiting patiently for decisions ON
heir cases. are now demanding that
some action be taken on their appeals.
However, appeals are coming in almost
laily to the supreme court from the
several judicial districts of the state
md special writs are almost as con-
'tantly coming up demanding HEARINGS
md decisions.
The court started to fall behind at
he time the late Justice Stewart was
AIKEN i'll. Since then it is said to have
steadily fallen behind although the
through justices on the bench have de-
roted their constant time the hearing
# cases and writing opinions.