SEPARATE BUT SUBSERVIENT - COURT BUDGETING IN THE AMERICAN STATES

• NCJ Number: 32343
• Author(s): C BAAR
• Date Published: 1975
• Length: 210 pages
• Grant Number(s): 71-DF-99-1089; 73-DF-99-0002
• Sponsoring Agency: US Dept of Justice; National Ctr for State Courts
• Sale Source: Lexington Books
• Language: English
• Country: United States of America

Annotation

THIS STUDY DESCRIBES THE BUDGETARY PROCESSES OF STATE COURT SYSTEMS, ANALYZES TRENDS IN COURT BUDGETING, AND MAKES RECOMMENDATIONS FOR IMPROVEMENT IN THE PROCESS.

Abstract

THE RETHINKING ON THE ROLE OF THE BUDGET PROCESS IN THE OPERATION OF PUBLIC AGENCIES BROUGHT ABOUT BY THE ADVENT OF THE PLANNING-PROGRAMMING-BUDGETING SYSTEM (PPBS) IS APPLIED TO JUDICIAL BUDGETING TO DETERMINE ITS EFFECTS ON BUDGET REVIEW AND THE EXTENT TO WHICH COURTS SHOULD INCORPORATE BUDGETING INNOVATIONS IN THEIR INTERNAL OPERATIONS. THE SIMILARITIES AND DIFFERENCES IN THE FISCAL ORGANIZATION OF STATE COURT SYSTEMS ARE CONSIDERED FOR PURPOSES OF CATEGORIZATION AND TO EXPLAIN THE DIFFERENCES BETWEEN THE STATES. THE RELATIONS BETWEEN COURT SYSTEMS AND EXTERNAL FISCAL AUTHORITIES ARE EXAMINED TO DETERMINE THE RANGE AND LIMITS OF STATE STATE EXECUTIVE POWER OVER COURT BUDGETS AND THE FACTORS THAT ACCOUNT FOR EXECUTIVE PARTICIPATION OR NONPARTICIPATION AND ITS EFFECTS. ALSO COVERED ARE THE LEGAL AND PRACTICAL LIMITATIONS ON LEGISLATIVE REVIEW OF JUDICIAL BUDGET REQUESTS AND THE PATTERNS OF LEGISLATIVEJUDICIAL RELATIONS ON BUDGET MATTERS IN THE VARIOUS STATES. MOVING AWAY FROM BUDGET PREPARATION TO BUDGET EXECUTION, THE EXTENT TO AND WAYS IN WHICH EXECUTIVE BUDGET OFFICES, CONTROLLERS, AND AUDITORS LIMIT THE WAYS THAT COURT SYSTEMS SPEND THEIR APPROPRIATED FUNDS AND HOW THIS LIMITATION AFFECTS THE ADMINISTRATIVE INDEPENDENCE OF THE JUDICIARY ARE DISCUSSED. TWO TRENDS IN COURT FINANCING AND THEIR RELATIONSHIP TO THE INDEPENDENCE OF STATE COURT SYSTEMS ARE RECEIVED: THE REPLACEMENT OF LOCAL FINANCING BY STATE FINANCING AND THE USE OF COURT ORDERS, BASED ON THE DOCTRINE OF INHERENT POWERS, TO FORCE FUNDING AUTHORITIES TO PROVIDE MONEY FOR COURT OPERATIONS. THE EFFECTS OF STATE-LEVEL FINANCING ON COURT INTERNAL OPERATIONS AND THE DIFFERENCES IN RELATIONS BETWEEN THE COURT, LOCAL BUDGET AUTHORITIES AND STATELEVEL AUTHORITIES ARE COVERED. THE FINAL SECTION MAKES SPECIFIC RECOMMENDATIONS FOR THE OPERATION OF STATE JUDICIAL BUDGETARY PROCESSES. (SNI ABSTRACT)