NCJ Number
36879
Journal
Justice System Journal Volume: 2 Issue: 1 Dated: (SPRING 1976) Pages: 77-89
Date Published
1976
Length
13 pages
Annotation
AFTER DISCUSSING THE VARIOUS TYPES OF COURT RECORDS, THE USES OF THESE RECORDS, AND CURRENT APPROACHES TO COURT RECORD MANAGEMENT, THIS ARTICLE PRESENTS A BASIS FOR THE DEVELOPMENT OF A MANAGEMENT PROGRAM FOR COURT RECORDS.
Abstract
THE AUTHOR NOTES THAT COURT RECORDS INTO THREE BASIC CATEGORIES: CASE PAPERS, FILES, AND EXHIBITS. EACH OF THESE CATEGORIES IS EXPLAINED IN DEPTH. THIS IS FOLLOWED BY A BRIEF HISTORICAL PERSPECTIVE ON COURT RECORDS. IT IS OBSERVED THAT ADEQUATE COURT RECORDS ARE ESSENTIAL TO THE TWO BASIC PURPOSES OF THE COURT: DOING JUSTICE IN INDIVIDUAL CASES AND ENCOURAGING THE DEVELOPMENT OF A JUST SOCIETY. HOWEVER, THE ADEQUACY OF THESE RECORDS IS INFLUENCED BY BOTH EXTERNAL AND INTERNAL FACTORS. EXTERNAL FACTORS MAY INCLUDE CONSTITUTIONAL AND STATUTORY PROVISIONS, FUNDING AND FACILITIES, FISCAL CONTROLS, OR ARCHIVAL COMMISSION. INTERNAL INFLUENCES ON THE MANAGEMENT OF RECORDS INCLUDE COURT RULES OR PRECEDENT CASES, AND PERSONAL ACTIONS AND ACTIVITIES OF JUDGES AND ATTORNEYS. THE AUTHOR CONTENDS THAT THE ONLY WAY TO SUCCESSFULLY ADDRESS A RECORDS PROBLEM IS BY VIEWING A RECORDS SYSTEM AS A CONTINUUM STRETCHING FROM THE RECORD'S BIRTH TO ITS DEATH, AND SYSTEMATICALLY DEALING WITH EACH STAGE. THE USE OF RULES OF COURT IS SEEN AS THE MOST PRACTICAL WAY OF ESTABLISHING AN OVERALL RECORDS MANAGEMENT PROGRAM. FINALLY, THE AUTHOR POINTS OUT SEVERAL FACTORS THAT MUST BE CONSIDERED WHEN ORGANIZING OR EVALUATING A RECORDS MANAGEMENT SYSTEM. THESE INCLUDE INCLUSIVENESS OF THE SYSTEM, INDEXING OF RECORDS, EQUIPMENT, ADEQUACY OF THE GUIDELINES AND POLICIES ON RECORDS MANAGEMENT, COST, AND PERSONNEL.