Innovation in the Administration of Justice, 1969-1981 - An Overview (From Politics of State-Court Reform (From Politics of Judicial Reform, P 35-48, 1982, Philip L Dubois, ed. - See NCJ-84771)

• NCJ Number: 84773
• Author(s): M W Cannon
• Date Published: 1982
• Length: 14 pages
• Sale Source: Lexington Books
• Language: English
• Country: United States of America

Annotation

This chapter summarizes the major changes in Federal judicial administration implemented during the past 12 years and gives reasons for reform delay.

Abstract

The low visibility of court reform issues, the absence of a powerful electoral constituency concerned about such issues, the reticence of judges to lobby for legislative changes affecting the courts, and various consequences of the separation of powers are among the factors explaining why legislators' responses to court reform issues have been complex and unpredictable. Surmounting these barriers to change can be difficult. In the Federal system, periods of major innovation in judicial administration have been closely associated with the leadership of a chief justice who is willing the use the office to promote necessary changes. Since 1969, Chief Justice Burger has undertaken several measures designed to open communication between Congress and the judiciary so as to reduce suspicion between the branches and to sensitize legislators to court reform issues. These measures include Burger's annual State of the Judiciary message to the American Bar Association and informal contacts with members of Congress. The effectiveness of such measures underscores the need for these interbranch communication mechanisms in the future. Six notes and 17 references are provided.