NCJ Number
61968
Journal
State Court Journal Volume: 3 Issue: 4 Dated: (FALL 1979) Pages: 3-8,30-33
Date Published
1979
Length
10 pages
Annotation
IN THIS PREVIEW OF THE FINAL PROJECT MONOGRAPH, THE COURT PLANNING CAPABILITIES PROJECT EXPLORES THE VARYING APPROACHES CHIEF JUSTICES AND SUPREME COURTS HAVE DEVISED TO RESOLVE ADMINISTRATIVE MATTERS.
Abstract
BASED ON INTERVIEWS WITH 18 STATE SUPREME COURT JUSTICES AND COMPLEMENTARY RESEARCH ON ADMINISTRATIVE STRUCTURES AND RULEMAKING PROCEDURES, THE FOLLOWING CONCLUSIONS ARE DRAWN: (1) CHIEF JUSTICES ARE GROWING MORE INFLUENTIAL AS ADMINISTRATIVE HEADS OF COURT SYSTEMS AS COURTS MOVE AWAY FROM THE COLLEGIAL STYLE AND TOWARD INDIVIDUAL ADMINSTRATIVE LEADERSHIP; (2) THE SIGNIFICANCE OF DELEGATED ADMINSTRATIVE POWER EXERCISED BY STATE COURT ADMINSTRATORS IS INCREASING AS STATE COURT SYSTEMS BECOME MORE UNIFIED AND TURN TO CENTRALIZED FINANCING; (3) WHETHER A STATE JUDICIAL LEADERSHIP REGULARLY PROMULGATES ADMINSTRATIVE RULES BEARS LITTLE RELATION TO THE DEGREE OF ADMINSTRATIVE POWER EXERCISED BY THE SUPREME COURT OR CHIEF JUSTICE; (4) TRIAL COURT UNIFICATION, COURT FINANCING, PERSONNEL ADMINISTRATION, COURTHOUSE FACILITIES IMPROVEMENT, AND THE ESTABLISHMENT OR REVAMPING OF AN INTERMEDIATE APPELLATE COURT ARE THE PREVALENT AREAS OF JUDICIAL ADMINSTRATIVE DECISIONMAKING; (5) MOST SUPREME COURTS CONSIDER ADMINISTRATIVE MATTERS AT THEIR REGULAR WEEKLY OR MONTHLY JUDICIAL OPINION CONFERENCES, USUALLY THROUGH THE MECHANISM OF AN AGENDA PREPARED BY THE STATE COURT ADMINSTRATOR; (6) SUPREME COURTS TEND TO RESOLVE ADMINSTRATIVE ISSUES BY FORMAL VOTE RESULTING IN ISSUANCE OF A RULE OR ORDER; AND (6) IMPLEMENTATION AND FOLLOWUP, WHERE UNDERTAKEN AT ALL, ARE GENERALLY REGARDED AS THE RESPONSIBILITY OF THE STATE COURT ADMINISTRATOR. A TABLE IS PROVIDED TO SHOW THE WISCONSIN SUPREME COURT ADMINSTRATIVE POLICY PROCESS. (AUTHOR ABSTRACT MODIFIED---RCB)