NCJ Number
35213
Date Published
1976
Length
39 pages
Annotation
RESULTS OF A REVIEW OF SELECTED ADMINISTRATIVE AND FINANCIAL OPERATIONS OF THE U.S. DISTRICT COURTS TO DETERMINE PROGRESS MADE IN CORRECTING PROBLEMS OUTLINED IN A 1970 REPORT ON THE U.S. DISTRICT COURTS.
Abstract
THE REVIEW WAS MADE IN THE U.S. DISTRICT COURTS FOR THE CENTRAL AND SOUTHERN DISTRICTS OF CALIFORNIA, THE MIDDLE DISTRICT OF FLORIDA, AND THE EASTERN DISTRICT OF PENNSYLVANIA, AND THE ADMINISTRATIVE OFFICE OF THE U.S. COURTS. CIRCUIT COURT OFFICES WERE ALSO VISITED IN THE SECOND, THIRD, FIFTH, SEVENTH, AND NINTH CIRCUITS. THE STUDY ALSO REVIEWED THE PERTINENT LAWS, REGULATIONS, AND RECORDS AND INTERVIEWED CIRCUIT AND DISTRICT JUDGES AND OTHER OFFICIALS OF THE COURTS AND ADMINISTRATIVE OFFICE. IT WAS FOUND THAT THE JUDICIAL COUNCILS HAVE OFTEN BEEN INACTIVE IN CARRYING OUT THEIR ADMINISTRATIVE RESPONSIBILITIES. IN THE ABSENCE OF EFFECTIVE OVERSIGHT, UNDESIRABLE PRACTICES PERSIST AT CERTAIN COURTS, INCLUDING THE CALLING OF MORE JURORS THAN NEEDED, THE RETENTION OF INFREQUENTLY USED COURT FACILITIES, INADEQUATE SAFEGUARDS FOR MONEYS AND PROPERTY IN COURT CUSTODY, AND THE MAINTENANCE OF FUNDS IN COURT CUSTODY IN NONINTEREST BEARING COMMERCIAL BANK ACCOUNTS. THE REPORT RECOMMENDS THAT JUDICIAL COUNCILS ASSURE THAT DISTRICT COURTS TAKE THE NECESSARY STEPS TO IMPROVE THESE CONDITIONS. IT ALSO STATES THAT IN LIGHT OF THE LONG TERM INACTIVITY BY JUDICIAL COUNCILS AND THE FACTORS CONTRIBUTING TO THIS INACTIVITY, SUCH AS INDEPENDENCE OF JUDGES, THE CONGRESS SHOULD REEXAMINE THE ROLE OF THE JUDICIAL COUNCILS IN CARRYING OUT THEIR ADMINISTRATIVE RESPONSIBILITIES OVER DISTRICT COURTS. (AUTHOR ABSTRACT MODIFIED)