NCJ Number
15872
Date Published
1973
Length
88 pages
Annotation
REVIEW OF THE HISTORY, CURRENT ROLE, AND PROSPECTS FOR NON-JUDGE DECISION-MAKERS SUCH AS U.S. MAGISTRATES, MASTERS, AND COURT-APPOINTED ARBITRATORS.
Abstract
THE USE OF PARAJUDICIAL PERSONNEL BY VARIOUS COURT SYSTEMS MAY BE INDUCED BY A NUMBER OF MOTIVES. FIRST, THERE IS AN OVERALL PUBLIC INTEREST IN ADMINISTERING THE COURT SYSTEM IN THE MOST ECONOMICAL FASHION. AS POINTED OUT IN EARLIER DISCUSSION THE COURT SYSTEM'S USE OF PARAJUDGES IS OFTEN PRIMARILY URGED AND INSTITUTED FOR THIS REASON. PARAJUDGES MAY BE EMPLOYED WHERE THE COSTS OF RUNNING THE COURTS CAN BE REDUCED WITHOUT ADVERSELY AFFECTING THE QUALITY OF JUSTICE WHICH IS BEING DISPENSED. SECOND, PARAJUDGES MAY BE EMPLOYED BY COURTS WHERE SKILLED AND TEMPORARY ASSISTANCE IS NEEDED. OFTEN PARAJUDGES ARE NOT PERMANENT COURT OFFICERS, AND THUS THE COURTS CAN BE VERY FLEXIBLE WITH THE TIME AND MANNER IN WHICH PARAJUDGES ARE CALLED TO SERVE. THIS FLEXIBILITY NOT ONLY ALLOWS FOR THE HIGHLY EFFICIENT USE OF PARAJUDICIAL TALENT, BUT ALSO SERVES TO REDUCE OVERALL COURT COSTS. THIRD, PARAJUDGES MAY BE ASSIGNED PARTICULAR TASKS EITHER BECAUSE OF THEIR EXPERTISE OR BECAUSE THE COURTS HOPE THAT OVER TIME THEY WILL DEVELOP A CERTAIN EXPERTISE. THIS NOT ONLY INSURES THAT THE DISPOSITION OF CASES BY THESE PARAJUDGES WILL BE COMPETENTLY HANDLED, BUT ALSO RELEASES THE REGULAR JUDGES FROM INITIALLY REVIEWING MANY COMPLEX MATTERS OF WHICH THEY POSSESS ONLY A GENERAL KNOWLEDGE. (AUTHOR ABSTRACT)