Abstract
Congested judicial dockets have created the need for utilization of substitutes for judges. Legislative enactments which provide for appeal to a court satisfy the Constitutional guarantee of trial by jury. Various procedures are currently in use. The English system employs masters to prepare cases for trial; in Pennsylvania masters take testimony and make recommendations in divorce cases; in federal court bankruptcy matters and in state court Workmen's Compensation matters referees hear testimony and make awards. The decision of all of these judicial substitutes are subject to court review. The Massachusetts Auditor system utilizes with notable success law yers to preside over cases in place of a judge. And in Pennsyl vania Compulsory Arbitration or trial by lawyer panel has made dramatic progress in cutting judicial backlogs. More extensive use of these techniques seems to hold one of the keys to the problem of the congested court calendar.
Get full access to this article
View all access options for this article.