NCJ Number
48183
Date Published
1975
Length
123 pages
Annotation
STUDIES WERE UNDERTAKEN TO EXAMINE THE OPERATION OF THE ADMINISTRATIVE OFFICE OF THE COURTS (AOC) IN NEW MEXICO IN ORDER TO IDENTIFY PROBLEM AREAS AND RECOMMEND METHODS FOR THEIR AMELIORATION.
Abstract
TO THIS END, A TEAM OF ANALYSTS VISITED EVERY JUDICIAL DISTRICT COURT, A REPRESENTATIVE SAMPLING OF MAGISTRATE COURT OPERATIONS WAS MADE, AND INTERVIEWS WERE CONDUCTED WITH ALL AOC EMPLOYEES. EMPHASIS WAS ON EVALUATING PERSONNEL, MANAGEMENT, BUDGETING, AND ORGANIZATION. A PROFILE OF THE NEW MEXICO COURT SYSTEM IS PRESENTED WHICH INCLUDES INFORMATION ON JURISDICTION, PERSONNEL, ORGANIZATION, AND EXPENSES OF THE SUPREME COURT, THE INTERMEDIATE APPELLATE COURT, THE TRIAL COURTS OF LIMITED AND GENERAL JURISDICTION, THE SMALL CLAIMS COURT, JUDICIAL COMMISSIONS, AND THE AOC. AS THE AOC HAS GROWN THE NEED FOR A FORMALIZED PLANNING CAPABILITY HAS BECOME INCREASINGLY APPARENT. SUCH A PLANNING CAPABILITY MUST INCLUDE CAREFUL SETTING OF SHORT AND LONG-TERM GOALS, DEVELOPMENT OF REALISTIC PLANS TO ACHIEVE THESE GOALS, AND A MECHANISM FOR EVALUATING GOAL ATTAINMENT. THIS WILL REQUIRE AN EXPANSION OF THE STAFF AND UPGRADING OF THE PROFESSIONAL STATUS OF THE STAFF. IN THE AREA OF LEGAL RESEARCH, ANALYSIS, AND SERVICES, THE ABSENCE OF AN AOC STAFF MEMBER WITH PROFESSIONAL LEGAL TRAINING MEANS INADEQUATE AND SOMETIMES INACCURATE OPERATIONS. A FULLY QUALIFIED STAFF LEGAL OFFICER SHOULD BE RECRUITED TO REMEDY THIS SITUATION. PERSONNEL RECORD KEEPING IS INADEQUATE AND LITTLE EFFORT IS MADE TO MONITOR PERSONNEL QUALIFICATIONS. SELECTION FAVORS A PATRONAGE RATHER THAN A MERIT SYSTEM. FURTHER, EFFECTIVE EMPLOYEE GRIEVANCE PROCEDURES AND AFFIRMATIVE ACTION PLANS TO ENSURE MORE EQUITABLE EMPLOYMENT PRACTICES ARE LACKING. COURT BUDGET REQUESTS ARE OFTEN UNJUSTIFIED; THE REVIEW PROCEDURE IS INADEQUATE; AND DISPLEASURE HAD BEEN EXPRESSED BY JUDGES OVER INEQUITABLE BUDGETING PRACTICES AND PROCEDURES. A COMPREHENSIVE BUDGETING SYSTEM IS NEEDED. STATISTICAL DATA COLLECTION IS SPOTTY AND INFORMATION COLLECTED IS IN MANY INSTANCES INACCURATE. IT APPEARS THAT THE EXISTING STATISTICAL INFORMATION SYSTEM IS OF LITTLE PRACTICAL VALUE TO THE JUDICIAL DEPARTMENT. RECORD MANAGEMENT IS ALSO INADEQUATE; EVERY COURT VISITED HAD LOST, MISSING AND MISFILED RECORDS. THERE IS ALSO NO SEMBLANCE OF A JURY MANAGEMENT SYSTEM IN NEW MEXICO; THERE IS LITTLE UNIFORMITY AND LITTLE EFFORT TO MAXIMIZE USE OF JURORS. THE PENALTY ASSESSMENT SYSTEM OF THE AOC APPEARS TO BE UNNECESSARY; FINES COULD BE SENT DIRECTLY TO THE STATE TREASURER. LACK OF UNIFORMITY IN BOOKKEEPING PROCEDURES AMONG THE COURTS MAKES MONITORING AND AUDITING DIFFICULT. MOREOVER SEVERAL OF THE LOWER COURTS ARE NOT AUDITED BY THE AOC AT ALL. A JUDICIAL DEPARTMENT PLAN FOR COMPUTERIZATION OF ACTIVITIES IS NEEDED, AND THE LAW LIBRARY REQUIRES UPGRADING. CENTRAL PURCHASING IS RECOMMENDED, AND STEPS WILL BE NEEDED TO IMPROVE THE EFFICIENCY AND ADEQUACY OF SPACE AND EQUIPMEMT MANAGEMENT. A 5-YEAR IMPLEMENTATION PLAN (1975-1980) FOR IMPROVING AOC OPERATIONS IS PROVIDED. SUPPLEMENTAL RESEARCH INFORMATION IS ALSO APPENDED.