INTERNAL ORGANIZATION AND PROCEDURES OF THE COURTS (FROM STATE COURTS - A BLUEPRINT FOR THE FUTURE, 1978, BY THEODORE FETTER - SEE NCJ-52358)

• NCJ Number: 52364
• Author(s): E C FRIESEN
• Date Published: 1978
• Length: 20 pages
• Corporate Author: National Ctr for State Courts
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

SHIFTING PATTERNS IN STATE COURT ORGANIZATION AND PROCEDURE DISCUSSED INCLUDE JUDGE SELECTION AND REMOVAL AND COURT MANAGEMENT AND ORGANIZATION. SUPPORT STAFF SERVICES AND CASEFLOW MANAGEMENT ARE ALSO MENTIONED.

Abstract

CHANGES IN COURT WORKLOAD QUANTITY AND CHARACTER REFLECT INCREASING NUMBER OF AVAILABLE LAWYERS AND A PROPENSITY FOR PEOPLE TO LITIGATE MORE COMPLEX MATTERS. IMMEDIATE REACTIONS TO THE INCREASE IN NUMBERS AND COMPLEXITIES OF CASELOADS ARE TO REMOVE CASES FROM THE JUDICIAL PROCESS, REDISTRIBUTE CASES TO SPECIALIZED COURTS, INTRODUCE NEW COURT PROCEDURES SUCH AS ADOPTION OF SENTENCING COUNCILS AND SETTLEMENT CONFERENCES, AND APPLY TECHNOLOGY SUCH AS COURT VIDEOTAPING AND COMPUTER-BASED INFORMATION FOR COURT MANAGEMENT SUPPORT. ISSUES ON ELECTION OF JUDGES ARE CONSIDERED, AS WELL AS CONTINUING EDUCATION FOR THE JUDICIARY, CONTROVERSIES REGARDING SUPERVISION OF JUDGES AND THEIR WORK MOTIVATION, AND SYSTEMS FOR THEIR CENSURE AND REMOVAL. COURT SYSTEMS FIT INTO SEVERAL BASIC ORGANIZATION AND MANAGEMENT PATTERNS, WITH MOST COURTS ADOPTING CONCEPTS OF STRONG CENTRAL CONTROL AND DIRECTION. JUDICIAL POLICY FORMATION AND JUDICIAL INDEPENDENCE ISSUES ARE CONSIDERED, AS ARE COURT SYSTEM FINANCE, COURT SPACE, AND USE OF FACILITIES. THE ROLES OF COURT CLERKS, SECURITY AND SERVICE OF PROCESS, PERSONNEL COURT REPORTERS, PROBATION SERVICES, AND COURT ADMINISTRATORS ARE DISCUSSED REGARDING THEIR INDEPENDENCE FROM JUDGES, INDIVIDUAL JOB PROBLEMS, TRAINING AND SELECTION. THE FINAL SECTION OF THE REPORT DEALS WITH CASEFLOW MANAGEMENT, AN AREA IN WHICH MANY CONFLICTING THEORIES OF MANAGEMENT PREVAIL, BUT ALL OF WHICH EMPHASIZE THE EARLIEST POSSIBLE PROCESSING OF CASES, MONITORING OF DELAY LIMITS, AND ESTABLISHING A SET TIME AND DATE FOR EACH STEP FOR A CASE IN PROCESS. CENTRALIZATION OF COURT OPERATIONS, ANALYSIS OF COURT FUNCTIONS AND NEEDS, ADOPTION OF OPTIMAL SELECTION PROCEDURES FOR HIRING COURT PERSONNEL, AND ESTABLISHMENT OF MANDATED LOCAL COURT ADMINISTRATION ARE RECOMMENDED. (DAG)