NCJ Number
67669
Date Published
1979
Length
177 pages
Annotation
AN INSTITUTE OF JUDICIAL ADMINISTRATION STUDY FOCUSING ON THE ORGANIZATIONAL STRUCTURE OF THE NEW YORK STATE DEPARTMENT OF LAW IS DISCUSSED; THE NATURE AND QUALITY OF ITS OPERATIONS AND RECOMMENDATIONS ARE EMPHASIZED.
Abstract
THE PROJECT STAFF REVIEWED AND ANALYZED DOCUMENTS SUCH AS BUDGETARY MATERIALS, ORGANIZATIONAL CHARTS, WORKLOAD STATISTICS, AND REPORTS AND INTERNAL MEMORANDA FROM EACH DEPARTMENT BUREAU. PRELIMINARY INTERVIEWS WERE THEN CONDUCTED WITH BUREAU CHIEFS, AND ADDITIONAL INTERVIEWS WERE HELD WHICH FOCUSED ON THE SUBSTANTIVE WORK OF EACH BUREAU. IN ADDITION, THE STAFF ATTENDED HEARINGS, TRIALS, AND APPELLATE ARGUMENTS TO ASSESS THE DEPARTMENT'S LITIGATION CAPABILITIES. FINALLY, QUESTIONNAIRES WERE FORWARDED TO EVERY ATTORNEY IN THE DEPARTMENT FOR THE PURPOSE OF COLLECTING DATA ON ATTORNEY WORKLOADS AND THE RANGE OF LEGAL SERVICES PROVIDED BY EACH BUREAU. AS OF FEBRUARY 1979, THERE WERE 23 BUREAUS WITHIN THE DEPARTMENT, EACH OPERATING AS A SEPARATE LAW OFFICE AND RARELY CONSULTING WITH OTHER BUREAUS HAVING SIMILAR OR OVERLAPPING JURISDICTION AND RESPONSIBILITIES. OVER THE PAST 20 YEARS, THE DEPARTMENT HAS UNDERGONE UNDIRECTED EVOLUTION AND HAPHAZARD GROWTH. THIS SITUATION HAS PRODUCED A VARIETY OF OPERATIONAL AND ADMINISTRATIVE DIFFICULTIES THAT CAN BE DIVIDED INTO THE CATEGORIES OF ORGANIZATIONAL STRUCTURE, PERSONNEL AND TRAINING, POLICYMAKING AND IMPLEMENTATION, AND RECORDKEEPING. IT IS RECCOMMENDED THAT THE DEPARTMENT DETERMINE ITS LONG-RANGE GOALS AND POLICIES AND IMPLEMENTATION METHODS. FOR EXAMPLE, THE DEPARTMENT SHOULD ESTABLISH GUIDELINES FOR DEALING WITH ITS CLIENT STATE AGENCIES. THESE GUIDELINES SHOULD GOVERN DECISIONMAKING REGARDING THE INSTITUTION, DEFENSE, AND SETTLEMENT OF LAWSUITS INVOLVING THESE AGENCIES AND THE POLICIES TO BE FOLLOWED WHEN A DIFFERENCE OF OPINION ARISES. IT IS ALSO RECOMMENDED THAT A PUBLIC PROTECTION BUREAU BE FORMED IN ALBANY, AN APPEALS BUREAU BE FORMED IN NEW YORK CITY, AND A DIVISION OF REGIONAL ASSISTANCE BE CREATED. COMMUNICATION BETWEEN THE DEPARTMENT OFFICES SHOULD BE IMPROVED, AND A FORMAL RECRUITMENT PROGRAM SHOULD BE DEVELOPED. IN ADDITION, THE DEPARTMENT SHOULD INSTITUTE AN ORIENTATION AND TRAINING PROGRAM FOR ITS ATTORNEYS. FOOTNOTES AND AN APPENDIX ARE PROVIDED IN THE STUDY.