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51 Judicature 125 (1967-1968)
An Experience in Judicial Administration

handle is hein.journals/judica51 and id is 127 raw text is: An Experience in Judicial Administration Ralph M. Holman Since 1956 The Institute of Judicial Adminis- tration and the New York University School of Law have joined in a program of summer sem- inars of two weeks' duration for the continuing education of appellate judges. In the summer of 1966 they announced an additional program. Applications for fellowships at the University for a semester's study as a judge in residence were invited from appellate judges of courts of last resort in the fifty states. The fellowships were to be financed by the Institute and loss of salary during absence from judicial office was a consideration in making an award. With the consent of the other members of the Su- preme Court of Oregon, I applied for such a fellowship for the spring semester of 1967. This was made possible by an Oregon statute1 which permits leaves of absence without pay for educational purposes by members of Ore- gon courts, and by a constitutional provision2 which allows the Supreme Court to call upon trial judges and retired members of the court to supplement its manpower. This article is an account and assessment of the experience which resulted from my being awarded the Institute's first fellowship as a judge in resi- dence.3 My formal education had terminated 30 years previously when I was graduated from law school in the spring of 1937. It was with considerable curiosity and perhaps a slight bit of trepidation, therefore, that I approached a modern law school. I had no exact knowledge of what would be expected of me or what would be available to meet my needs. I am not altogether sure I knew exactly what my needs were. Also, I was aware that the Institute and the University would be feeling their way with 1. Oregon Laws 1965, Ch 12. 2. Oregon Constitution, Art. VII (amended) § 2a(1); ORS § 2.052. 3. Judge Wesley Castles of the Supreme Court of Montana was a judge in residence during the month of March, 1967. a new program and that, in addition, they were buying a pig in a poke as far as I was concerned. Upon my arrival at the University I found that a faculty committee had been established to confer with me concerning my interests and requirements. After a meeting with this com- mittee it was decided that before establishing a definite program I should be given an op- portunity to determine whether there was any regularly-scheduled instruction which I thought would be of interest or benefit to me. As a result, I was given carte blanche to attend any class or seminar that might suit my fancy and I was armed with a list of all activity in both the graduate and undergraduate law schools. There followed a fascinating week in which I went from classroom to seminar sampling what was going on. By the end of this time things began to come into focus. There was one class that it seemed particularly appropri- ate I should attend. This was administrative law. This course had not been in the curricu- lum at the time of my law school attendance. My previous experience as a lawyer and a trial judge was almost devoid of any contact with the subject. My two years on the appellate bench had been fraught with problems in this field with which I was ill-prepared to cope. I bought a case book, briefed the cases and read assignments as if I were a student. Always having had a predilection for his- tory, I indulged myself by attending a seminar in American legal history. There was also a course in English legal history, but this had been taught during the fall semester so a course of reading was laid out for me on this subject. I also elected to attend a seminar on current problems of the Supreme Court to see if additional insight could be obtained con- cerning the many problems revolving around the rights of the individual in criminal cases

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