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-
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
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
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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