COURT CHANGE STRATEGIES

• NCJ Number: 52165
• Journal: State Court Journal Volume: 2 Issue: 4 Dated: (FALL 1978) Pages: 19-26
• Author(s): V S CASHMAN
• Date Published: 1978
• Length: 8 pages
• Grant Number(s): 77-DF-0052
• Sponsoring Agency: US Dept of Justice
• Corporate Author: National Ctr for State Courts
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THIS BRIEF OVERVIEW LISTS TACTICS WHICH HAVE BEEN USED TO ACCOMPLISH COURT CHANGE IN VARIOUS JURISDICTIONS AND IDENTIFIES FACTORS WHICH ARE ESSENTIAL TO SUCCESSFUL COURT REFORM.

Abstract

EXAMPLES FROM VARIOUS COURT REFORM EFFORTS ARE USED TO DEVELOP A FEW COMMON PRINCIPLES FOR SUCCESSFUL COURT REFORM. THE FIRST REQUIREMENT FOR COURT REFORM IS A BROAD BASE OF SUPPORT. THIS ENTAILS INVOLVING GROUPS NOT GENERALLY INVOLVED IN COURT POLICYMAKING, USING STUDY COMMISSIONS TO IDENTIFY PROBLEMS AND BRING THEM TO THE ATTENTION OF A WIDE SEGMENT OF THE PUBLIC, AND USING THE MEDIA TO PUBLICIZE THE NEED FOR REFORM. THE SECOND REQUIREMENT FOR COURT REFORM IS A VIABLE REFORM PROPOSAL. THIS INVOLVES WORKING OUT COMPROMISES BEFORE GOING TO THE PUBLIC FOR SUPPORT. COMMON SOURCES OF OPPOSITION ARE IDENTIFIED AS LOCAL GOVERNMENTS WHO FEAR LOSS OF REVENUE AND LAY JUDGES WITH A VESTED INTEREST IN THE STATUS QUO. THE USE OF 'GRANDFATHER CLAUSES' AND FUNDING FORMULAS TO REPLACE LOST JUSTICE OF THE PEACE REVENUES ARE EXPLORED AS ANSWERS TO THIS OPPOSITION. THE IMPORTANCE OF ACCURATELY ASSESSING LOCAL CONDITIONS AND TAKING STEPS TO ALLEVIATE LOCAL OBJECTIONS IS EMPHASIZED. THE PURPOSE OF THE COMPILATION IS TO MAKE THE COURT REFORMER AWARE OF POLITICAL REALITIES. REFERENCES ARE INCLUDED. (GLR)