NCJ Number
8242
Journal
William and Mary Law Review Volume: 14 Issue: 1 Dated: (FALL 1972) Pages: 1-45
Date Published
1972
Length
46 pages
Annotation
CRITIQUE OF RECOMMENDATIONS ON COURT STRUCTURE PROPOSED BY THE NATIONAL CONFERENCE ON THE JUDICIARY.
Abstract
THE CONFERENCE CONCLUDED THAT THERE SHOULD ONLY BE ONE LEVEL OF STATE TRIAL COURTS AND THAT SPECIALIZED COURTS SHOULD BE ABOLISHED. THE AUTHOR RESPONDS TO THESE RECOMMENDATIONS BY EXAMINING PERFORMANCE DATA ON THE RELATIVE EFFICIENCY OF THE SINGLE COURT, THE TWO-LEVEL TRIAL COURT, THE MULTI-LEVEL COURT, AND SPECIALIZED SYSTEMS. THE EFFECT ON PERFORMANCE BY THE USE OF THE ISOLATED COURT ADMINISTRATOR AND THE HIERARCHIAL SYSTEM OF ADMINISTRATION IS DISCUSSED. IN ADDITION, THE PERFORMANCE OF VARIOUS OPERATIONAL DEVICES, SUCH AS CALENDARING SYSTEMS AND CONTROLS ON DOCKETS, ARE ANALYZED TO DETERMINE WHETHER THEY PROMOTE EARLIER TRIALS OR WHETHER THEY ACHIEVE EXPEDITIOUS DISPOSITIONS WITHOUT TRIAL. PRETRIAL DEVICES, SUCH AS THE PRETRIAL CONFERENCE AND THE LATE AND EARLY SETTLEMENT CONFERENCES, ARE ANALYZED IN A SIMILAR MANNER. AUTHOR ABSTRACT MODIFIED