NCJ Number
45934
Date Published
1978
Length
167 pages
Annotation
THE PROBLEMS OF COURT REFORM ARE PRESENTED, WITH SPECIAL EMPHASIS ON THE ATTEMPT MADE TO REFORM THE COURT SYSTEM IN FLORIDA.
Abstract
THE HISTORY OF FLORIDA'S COURT SYSTEM IS TRACED, ALONG WITH THE HISTORY OF COURT REFORM IN GENERAL. THE MAJOR PROBLEM FACING STATE COURT SYSTEMS IS THE FACT THAT MANY ARE COMPOSED OF SEPARATE SEMIAUTONOMOUS COURTS. REFORMS ARE NECESSARY TO CENTRALIZE AND UNIFY THESE COURT SYSTEMS. THREE VARIABLES IMPORTANT IN EVALUATING THE POTENTIAL SUCCESS OF REFORM ATTEMPTS ARE THE PERSONNEL RESPONSIBLE FOR ADMINISTERING THE COURTS, THE TRADITIONAL MANAGEMENT PRACTICES UTILIZED BY THESE PERSONNEL, AND THE POLITICAL AND INSTITUTIONAL CONTEXT IN WHICH THE DUTIES ARE CARRIED OUT. THE RELATIONSHIP BETWEEN THE TRADITIONAL MODES OF OPERATION AND THE ESPOUSED DESIRES OF THE REFORMERS MUST BE ASSESSED IN ORDER TO ESTABLISH THE REALISTIC POSSIBILITIES OF REFORM. THE AREAS OF THE REFORM PROCESS INVESTIGATED IN THIS STUDY INCLUDE (1) THE IMPACT OF DECENTRALIZATION ON THE SYSTEM OF JUSTICE; (2) THE EFFECT OF DECENTRALIZATION ON EFFICIENCY; (3) THE ROLES, ATTITUDES, AND PERCEPTIONS OF THE COURT ADMINISTRATORS WITH REGARD TO THE ACCEPTANCE OF CHANGE; (4) THE FACTORS RELEVANT TO COURT MANAGEMENT; (5) PROPOSALS TO HELP TO ELIMINATE THE INEFFICIENCIES OF THE COURTS; (6) PROPOSALS WHICH WILL BE USEFUL IN OVERCOMING OBSTACLES TO REFORM; AND (7) THE POLITICAL AND COGNITIVE REALITIES IN EXISTENCE WHICH MAY OBVIATE REFORM ATTEMPTS. JUDGES, COURT EXECUTIVE ASSISTANTS, AND COURT CLERKS WERE INTERVIEWED AND ASKED TO FILL OUT QUESTIONNAIRES AND DOCUMENTS WERE ASSESSED IN ORDER TO ESTABLISH WHAT SHOULD BE CHANGED IN FLORIDA'S SYSTEM. TABLES ILLUSTRATE SUCH DATA AS COMPARATIVE BACKGROUNDS OF CHIEF JUDGES. AN ORGANZATION CHART OF THE TRADITIONAL ROLE OF THE CIRCUIT COURT CLERK IS COMPARED TO A REFORMED MODEL. THE CRITICAL VARIABLE IN FLORIDA, AND IN OTHER STATES, IS COURT CLERKS. THEIR INFLUENCE MUST BE ELIMINATED FROM JUDICIAL OPERATIONS. IT IS CONCLUDED THAT, FOR FLORIDA, THE GOAL OF REFORM SHOULD BE PARADOXICAL IDEAL OF A UNIFORM BUT DECENTRALIZED SYSTEM. AN ANALOGUE OF THE ADMINISTRATIVE TECHNIQUE, MANAGEMENT BY OBJECTIVES (MBO), IS PROPOSED AS THE MOST EFFECTIVE IN ATTAINING REFORM. REFERENCES ARE PROVIDED. APPENDIXES INCLUDE SELECTED SECTIONS OF RELEVANT LEGISLATION, POSITION DESCRIPTION OF CIRCUIT COURT ADMINISTRATORS, AND A LIST OF THE STATUTORY DUTIES OF CHIEF JUDGES. SURVEY INSTRUMENTS ARE NOT REPRODUCED. (BAC)