Federal Law News

Federal and State Courts in U.S. Work Side by Side, Expert Says

Democracy Dialogues online discussion focuses on courts, judicial administration

The U.S. judicial system comprises many federal and state courts, reflecting the decentralized nature of the government. (©AP/WWP)Washington - The U.S. judicial system offers its own citizens and citizens of other nations access to an independent review of the actions of the U.S. federal government and a transparent airing of claims, said attorney Peggy A. Irving in a Democracy Dialogues webchat June 29.

In the United States the judiciary is an independent branch of the federal government. Irving said policy and guidance for federal judges are created by the judges themselves through 25 committees that meet twice a year and provide their recommendations to the Judicial Conference of the United States, the national “legislative” arm of the judiciary, which is presided over by Supreme Court Chief Justice John Roberts.

Irving is chief of the judges division of the Administrative Office of United States Courts. She provides legal and policy advice on a broad range of legal and administrative issues affecting federal judges.

Irving said she would not recommend reforming the current system of federal and state courts functioning side by side. “The dual sovereignty of state and federal courts maintains a dual track — each system interprets its own laws. An individual cannot be convicted of the exact same crime in both courts,” Irving said.

For example, she said, consider an individual who is convicted of murder in a state court. If the individual is then charged in federal court for the same basic action, Irving said, the charge would be a "violation of an individual's civil rights" and additional information must be proved in the federal case.

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