NCJ Number
69671
Date Published
1979
Length
155 pages
Annotation
The slow implementation of equal employment opportunity and affirmative action (EEO/AA) programs in the State court environment is assessed and guidance is offered in solving State court's EEO/AA problems.
Abstract
An overview of EEO in the courts environment notes the implications of EEO concepts for judicial agency roles and functions and assesses resistance of State courts in applying EEO concepts to nonjudicial personnel systems. The level of EEO activity in the courts is quantified through a summary analysis of responses to a survey of state court administrative agency representatives regarding the state-of-the-art of EEO activities in State courts. Then, external factors outside the cotnrol of courts are reviewed for their impact on courts' ability to conduct EEO activities. Characteristics assessed include the structure of state court system financing, and the implications of financing for judicial administration; the role of elected and appointed officials within the judiciary and the implications of judicial selection for court administrative control; and the relationship between collective bargaining and EEO activities in courts. A reference tool for judicial and non-judicial personnel interested in EEO programs provides a summary of relevant Federal legislation, organizational and staffing guidelines, and recommended procedures for the design of written EEO programs. An analysis of the applicability of Federal EEO laws to State courts examines the following issues: separation of powers, exemption under the 10th amendment and sovereign immunity under the 11th amendment, and a summary review of relevant employment practice decisional law in terms of its potential for application to court system recruitment and hiring practices. A concluding chapter provides a series of nine public policy recommendations designed to promote the concept of EEO in State courts. State court data, 27 references presenting the EEO survey questionnaire, data, and methodology, a sample policy statement, sample charts for workforce analysis, and samples of job position descriptions are provided.