NCJ Number
45081
Journal
American Bar Association Journal Volume: 64 Dated: (JANUARY 1978) Pages: 48-53
Date Published
1978
Length
6 pages
Annotation
IMPROVEMENTS IN THE ADMINISTRATION OF JUSTICE INITIATED BY THE AMERICAN BAR ASSOCIATION SINCE 1906 ARE OUTLINED.
Abstract
IN 1906, AN ADDRESS WAS MADE DEALING WITH THE CAUSES OF POPULAR DISSATISFACTION WITH THE ADMINISTRATION OF JUSTICE. IN 1976, A CONFERENCE WAS HELD TO DISCUSS IMPROVEMENTS WHICH HAD BEEN AND COULD BE MADE TO CORRECT THESE PROBLEMS. LATER, AN AMERICAN BAR ASSOCIATION (ABA) TASK FORCE MADE SPECIFIC RECOMMENDATIONS BASED ON THE CONFERENCE. THE SETTING OF STANDARDS AND GUIDELINES COVERING THE ORGANIZATION AND MANAGEMENT OF THE COURT SYSTEM AND SELECTION AND TENURE OF JUDGES, AND THE REWRITING OF THE OUTDATED CANONS OF PROFESSIONAL ETHICS HAVE BEEN IMPORTANT ABA CONTRIBUTIONS. LEGAL SERVICES FOR THE POOR ARE BEING IMPROVED AND GROUPS HAVE BEEN ORGANIZED WHICH PIONEERED IN GROUP LEGAL SERVICES, NATIONAL WORKSHOPS ON ADVERTISING, AND FUNDING OF A MODEL LEGAL CLINIC. IT HAS BEEN PLACED IN THE CODE OF ETHICS THAT ATTORNEYS MUST PROVIDE AID EVEN TO UNPOPULAR DEFENDANTS. THE ABA HAS WORKED TOWARD ESTABLISHING ALTERNATIVE FORUMS FOR THE RESOLUTION OF DISPUTES IN ORDER TO EASE OVERCROWDING IN THE COURTS. THESE HAVE INCLUDED NEIGHBORHOOD JUSTICE CENTERS; SMALL CLAIMS COURTS (COURTS OF LIMITED JURISDICTION), A CONCEPT NOW WELL ESTABLISHED; ARBITRATION FOR RELATIVELY ROUTINE ISSUES SUCH AS CONSUMER COMPLAINTS AND LANDLORD-TENANT DISPUTES; AND A PROPOSAL NOW BEING STUDIED THAT 'HEARING OFFICERS' OPERATING IN QUASI-JUDICIAL AGENCIES DECIDE CERTAIN TYPES OF CASES. OTHER IMPROVEMENTS HAVE BEEN MADE INVOLVING THE MERIT SELECTION OF JUDGES. RECOMMENDATIONS HAVE BEEN MADE THAT COURTS SHOULD CEASE HANDLING CASES IN WHICH THERE IS NO REAL DISPUTE, SUCH AS UNCONTESTED DIVORCE, APPROVAL OF NAME CHANGES, AND CRIMIMAL CASES IN THE NATURE OF PUBLIC DRUNKENNESS. TOPICS FOR WHICH ABA RECOMMENDS FURTHER STUDY INCLUDE PROTECTION OF THE INTERESTS OF VICTIMS, ASSURANCE OF THE COMPETENCE OF COUNSEL, AND SENTENCING REFORM. FOR INFORMATION CONCERNING RESPONSES OF THE DEPARTMENT OF JUSTICE, SEE NCJ #45080.