NCJ Number
55180
Date Published
1977
Length
15 pages
Annotation
A COUNTY COURT JUDGE IN ROCKLAND COUNTY, N.Y., TELLS OF HIS EXPERIENCE OF ENCOUNTERING RESISTANCE TO REFORM IN THE JUDICIAL COMMUNITY OF A 5-COUNTY REGION IN NEW YORK.
Abstract
THE AUTHOR, HARRY EDELSTEIN, WAS ELECTED IN 1974 TO SERVE A 10-YEAR TERM AS A COUNTY COURT JUDGE IN ROCKLAND COUNTY. FOR 23 YEARS PRIOR TO THAT HE WAS A TRIAL ATTORNEY IN CRIMINAL, NEGLIGENCE, AND PEOPLE-ORIENTED CASES. HE REPORTS THAT THE MAJORITY OF JUDGES ELECTED IN THE COMMUNITY HE SERVES HAVE COME FROM UPPER MIDDLE-CLASS BACKGROUNDS AND PRACTICED LAW IN BANKING, REAL ESTATE, AND IN THE DISTRICT ATTORNEY'S OFFICE. ONLY A FEW OUT OF A TOTAL OF MORE THAN 40 JUDGES WERE PLAINTIFF'S ATTORNEYS IN NEGLIGENCE CASES AND DEFENDANTS' ATTORNEYS IN CRIMINAL CASES. BECAUSE OF THE BACKGROUND OF MOST OF THE JUDGES, CERTAIN TRADITIONAL VALUES HAVE BEEN BUILT INTO THE JUDICIAL SYSTEM IN THE COMMUNITY. ANY RECOMMENDATIONS TO CHANGE THE COMMUNITY VALUES AS THEY RELATE TO THE CRIMINAL JUSTICE SYSTEM ARE RESISTED, PRIMARILY THROUGH THE TACTIC OF NONACTION. CONTENT WITH THE SYSTEM AS IT STANDS, INDIVIDUAL JUDGES HAVE LIMITED CONTACT WITH ONE ANOTHER AND WITH OTHER MEMBERS OF THE CRIMINAL JUSTICE SYSTEM. IN HIS EFFORTS TO ACHIEVE REFORM IN THE AREAS OF SENTENCING, BAIL CRITERIA, AND EDUCATION OF THE PUBLIC IN CRIMINAL JUSTICE MATTERS, EDELSTEIN HAS MET WITH INDIFFERENCE AND RESISTANCE IN OTHER JUDGES. IN HIS SENSE OF FRUSTRATION, HE EXPERIENCES HIMSELF AS A 'DEVIANT' WHO HAS FEW POINTS OF CONTACT OR MEANINGFUL COMMUNICATION WITH HIS PEERS, WHOSE ATTITUDES AND PATTERNS OF OPERATION DIFFER FROM HIS OWN. A BRIEF BIBLIOGRAPHY IS PROVIDED. (RCB)