NCJ Number
48082
Journal
MENTAL DISABILITY LAW REPORTER Volume: 2 Issue: 2-3
Date Published
1977
Length
14 pages
Annotation
THE PROBLEMS FACED BY JUDGES IN IMPLEMENTING REMEDIES IN INSTITUTIONAL REFORM CASES ARE EXAMINED. EMPHASIS IS ON MENTAL HEALTH LITIGATION, BUT OBSERVATIONS AND SUGGESTIONS ARE ALSO APPLICABLE TO CORRECTIONAL REFORM.
Abstract
THE ARTICLE SUGGESTS THAT TRADITIONALLY CONCEIVED JUDICIAL POWERS ARE NOT IDEALLY SUITED TO THE ADMINISTRATION OF THE COMPLEX DECREES OFTEN ISSUED IN INSTITUTIONAL REFORM LITIGATION. COMPLEX ORGANIZATIONAL STRUCTURES DO NOT RESPOND DIRECTLY TO REDEFINITIONS OF LEGAL RIGHTS AND MAY CIRCUMVENT OR OTHERWISE FILTER OUT LEGAL RULE CHANGES. MOREOVER, ALTHOUGH LEGAL ENTITLEMENTS TO RELIEF DO NOT DEPEND ON POLITICAL ACCOMODATION AMONG THE PARTIES, JUDICIAL DECISIONS SETTING FORTH SUCH ENTITLEMENTS MAY CONFLICT WITH THE POLITICAL REALITIES OF THE INSTITUTION ITSELF, OF THE COMMUNITY, AND OF THE FEDERAL AND STATE GOVERNMENTS. RATHER THAN ANALYZING JUDICIAL POWERS IN TERMS OF THEIR INAPPROPRIATENESS TO INSTITUTIONAL REFORM, ITS EFFICACY IN VINDICATING THE RIGHTS OF INSTITUTIONALIZED PERSONS SHOULD BE EXAMINED. TO THIS END AN ANALYSIS OF VARIOUS CASES IN THE FIELD OF MENTAL HEALTH IS PRESENTED. THE AUTHOR SUGGESTS THAT IF JUDICIAL POWER WERE EXERCISED WITH GREATER SENSITIVITY TO THE NATURE OF ORGANIZATIONS AND THE DYNAMICS OF ORGANIZATIONAL CHANGE, MANY OF THE DIFFICULTIES ENCOUNTERED IN IMPLEMENTING INSTITUTIONAL REFORM COULD BE OVERCOME OR AMELIORATED. REMEDIAL STANDARDS DECREED BY A COURT SHOULD NOT ONLY CORRECT THE CONDITION UNDERLYING THE INSTITUTION'S LIABILITY BUT SHOULD BE MADE WITH CONSIDERATION OF THE FEASIBILITY OF COMPLIANCE BY THE INSTITUTION. INVOLVEMENT OF DEFENDANTS AND OTHER AFFECTED PARTIES DURING THE DECREE FORMULATION CAN REDUCE THE ADVERSARIAL NATURE OF THE REFORMS AND THUS ENHANCE THEIR IMPLEMENTATION. IN ADDITION THE IMPLEMENTATION PLAN SHOULD BE DEVELOPED BY A COURT-APPOINTED MONITER WORKING WITH THE INSTITUTIONAL STAFF. AS DEFENDANT-ADMINISTRATORS OF INSTITUTIONS DO NOT ALWAYS HAVE THE CAPABILITY OF INSURING COMPLIANCE WITH DECREES, CONTEMPT SANCTIONS SHOULD ONLY BE IMPOSED IF A FAILURE IS WITHIN THE DEFENDANT'S CONTROL. FINALLY, SPECIFICITY IN THE COURT ORDER IS THE KEY TO COMPLIANCE BY UNCOOPERATIVE BUREAUCRACIES. LONG-STANDING PATTERNS CAN NOT BE EXPECTED TO CHANGE WITHOUT A RESTRUCTURING OF RELATIONSHIPS AMONG OFFENDING INSTITUTIONS OR AGENCIES. IT IS CONCLUDED THAT APPROPRIATELY APPLIED JUDICIAL REFORM OF INSTITUTIONAL VIOLATIONS CAN PROVIDE A METHOD OF IMPLEMENTING SOME CHANGE. IT CAN ALSO PROVIDE A METHOD WHEREBY PERSONS WITH LIMITED RESOURCES CAN CREATE SIGNIFICANT PUBLIC PRESSURE FOR A SUBSTANTIAL LEGISLATIVE OR EXECUTIVE RESPONSE. NOTES ARE PROVIDED. (JAP)