This page was last updated on 10/16/2017
Advocates of expanded judicial rulemaking authority have asserted its necessity in ensuring an independent judiciary, while advocates of legislative involvement in rulemaking have urged that the accountability of the rule makers must be maintained to check and balance otherwise unbridled judicial power. The main issue concerning rulemaking authority is where that authority should be located, with possible entities including the highest state court, the state legislature, a judicial council, or some other combination.
Links to related online resources are listed below. Non-digitized publications may
be borrowed from the NCSC Library; call numbers are provided.
This survey provides responses from Chief Justices regarding their experience with judicial rulemaking in their state courts.