The Rule of the Courts

Adopting a Canadian Style Legislative Override to Reconcile American Judicial Review...

criminal justice and court system, forces 90% of state criminal and civil cases are resolved by either plea agreements or stipulated settlements. 20 For the ten percent of state cases that go to trial, all state court systems provide for appeals as of right under state law. 21 In 42 of the 50 states, the appeal as of right is made to an elected intermediate court of appeals with subsequent appeals granted by permission by the state supreme court. 22 Eight of the 50 states lack an intermediate court of appeals such that all appeals from trial court decision go directly to the state supreme court. 23 Twenty six states, including California and New York, have high courts whose justices are appointed by the state governor, whereas 24 states have elected supreme courts. 24 These state courts adjudicate the vast majority of cases in the U.S and the federal courts only adjudicate matters derived directly from the U.S. Constitution and federal statutes. 25 The U.S. Constitution that went into effect on March 4, 1789 after its ratification by all 13 original states, created a more powerful general or federal government that was divided into legislative, executive and judicial branches to protect against abuses of power. 26 U.S. Constitution, Article III created the federal court system with the U.S. Supreme Court at its apex. 27 While the Constitution guarantees the existence of a U.S. Supreme Court, the number of sitting justices, currently set at nine, can be legislatively altered and Congress can eliminate or alter the number of federal district and federal circuit courts of appeal, currently set at 94 and 13, respectively. 28 20 ABA CRIM. JUST. SECTION, 2023 PLEA BARGAIN TASK FORCE REPORT (2023), https://www.americanbar.org/content/dam/aba/publications/criminaljustice/plea-bargain tf-report.pdf.and Marc Galanter, The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State Courts , 1 J. Empirical Legal Stud. 459, 459 (2004). 21 Nat’l Ctr. for State Cts., Understanding State Court Jurisdictions (Oct. 23, 2025), https://www.ncsc.org/resources-courts/understanding-state-court-jurisdictions (explaining that many, but not all, states have two levels of appellate courts).

22 Id. 23 Id. 24 Id. 25 U.S. Const. art. III, § 2, cl. 1 and 28 U.S.C. § 1332 (2018). 26 U.S. Const. arts. I–III. 27 U.S. Const. art. III.

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