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Federal and State Court Cooperation
Topics for Cooperation Between State and Federal Courts
Cooperation between state and federal courts enables more efficient use of time and resources for both courts, but on what topics?
A 2023 Federal Judicial Center survey (report available here) asked all U.S. chief district and circuit judges and all state/territorial chief justices and court administrators about their past, current, or future cooperation efforts on dozens of different topics ranging from administration and court operations to substantive law. The 2023 report updated both an earlier 2016 Federal Judicial Center report (available here) that only went to U.S. chief district judges and a list of topics provided in Appendix A of the Federal Judicial Center pocket guide Enhancing Cooperation Through State–Federal Judicial Councils.
There are numerous areas that judges have stated could benefit from state-federal cooperation, including:
Court Administration and Operations
• Calendar and scheduling conflicts
• Case management
• Case tracking systems
• Case workloads of judges
• Court security
• Funding and judicial budgeting
• Legislation affecting the judiciary (pending or recently enacted)
• Long-range/strategic planning initiatives
• Resource allocation/potential sharing of resources (including facilities)
• Technology in the courtroom (video teleconferencing; use of cameras; media coverage)
Legal Profession and Judicial Ethics
• Attorney discipline and conduct
• Educational programming for the bar
• Ethics/professional conduct of judges (including recusal)
• Evaluations of judicial performance
• Frivolous or improper litigation (how to address)
• Judicial immunity
• Relationships with the bar (admission to practice; surveys of attorneys; pro bono lists)
Criminal Law and Procedure
• Capital cases (death penalty appeals; habeas corpus; exhaustion)
• Criminal cases (dual prosecution of state and federal offenses)
• Plea-bargaining procedures
• Post-conviction relief
• Sentencing guidelines
• Transportation/logistical issues involving detained or incarcerated individuals
Civil Law and Litigation
• Complex litigation
• Discovery disputes and concerns
• Diversity jurisdiction (including removal)
• Pro se litigation
Access to Justice
• Alternative dispute resolution (ADR) programs
• Court interpreters
• Educational programming for the general public
• Examining bias and decision-making processes
• Juries (jury management; selection of jurors)
• Public access to the courts/public perception
• Reducing delays in the judicial process
• Standards for appointing counsel
Additional Areas
• Bankruptcy law and procedures
• Certification of state law questions
• Immigration cases and jurisdiction
• Rules changes for civil, evidence, and/or local rules (pending or enacted)
• Significant court opinions (and their impact on both the state and federal courts)
• Tribal court issues