NCJ Number
83815
Editor(s)
P L Dubois
Date Published
1982
Length
220 pages
Annotation
The text's 14 articles concentrate on the normative, methodological, and empirical issues surrounding policies aimed at improving court structure, staffing, and operation. It addresses contemporary reform issues (mediation and arbitration, judicial selection and discipline, etc.) rather than the daily concerns of court operations.
Abstract
An examination of opposing trends in the judicial system (increasing both litigation and nonadversarial resolution of disputes) suggests that the judicial system's legitimacy may be undermined to the extent that justice and due process seem to require adversarial proceedings. One article defends the capacity of the judicial process to meet society's needs, based on the courts' flexibility in negotiation and settlement and their role in addressing policy issues that legislative and administrative institutions have been unwilling or unable to resolve. Another article refutes criticisms that have been leveled at judicial decisionmaking and examines several proposals to improve the courts' ability to deal with complex social science information. New evidence suggests that although mediation and arbitration are not as effective as advocates claim, they have proved to be of value. Research suggests how those who serve on judicial conduct commissions view the effectiveness of their efforts. Other articles review the process of judicial impeachment and evaluate the Judicial Conduct and Disability Act (1981), which sets disciplinary sanctions other than removal. Some of the key methodological and political issues associated with evaluating judicial performance (what is to be measured, who is to conduct the evaluation, and how the evaluations are to be used) are considered. Two articles explore the consequences (both anticipated and unintended) of changing court structure and jurisdiction. A review of research discusses the impact of a State intermediate court of appeals on the State supreme court's workload and policymaking. Other articles focus on the courts' internal management and organization; the complexity of court administration; alternative models for the organization of State court systems; and courts as discrete organizations, as applied to Federal courts of appeal in general and to the Circuit Court of Appeals for the District of Columbia in particular. Figures, tables, an index, and chapter notes and references are supplied.