Chapter 8

COURTS

Non bureaucratic work group
Informal structure
Autonomous single work units
Shared decision making
Common professional bond
Interdependent
Adherence to group norms
Non-autocratic

ORGANIZATION OF COURTS
Little logic or planning
Serving of political goals
Overlapping jurisdictions

COURT DÉCOR AND DECORUM
Formal, dignified process
Increasing use of technology

COURT: Seeker of Truth or Impediments to the Truth
USSC-basic purpose determination of truth
Adversary process-impediment

Impression- Truth compromised with regularity during trial,
plea bargaining, and appellate stages.

Remove: Impediments to truth in judicial process

Adversary system: desire to win

Restraints & Problems: Exclusionary Rule

Battle of expert witnesses

COURTS AND POLICYMAKING

DISPUTE RESOLUTION
Determining facts and legal significance and applying existing rule of law
LAW CREATION Creation of new rule or modification of one to resolve
dispute
JUDICIAL BRANCH-no enforcement powers
LITIGATION
frivolous lawsuits
Jurors often sympathetic to injured party

SOLUTIONS:

Cap on punitive damage awards
Losers pay winner's legal fees
expert witness process
Alternative dispute resolution-mediator

Dissatisfaction with the courts

Delays
Court Costs
Unjust decisions

JUDICIAL ADMINISTRATION

Sub branch of Public Administration

Many court administrators: uncertain of their duties

Administrators-help new judges adapt to role

JUDGES-ultimately responsible for Court administration

Court Personnel Roles and Functions

CASE management-administrative function

JUDICIAL ADMINISTRATION-vs COURT ADMINISTRATION

A-Directing and influencing activities not directly related to
decisions regarding legal doctrine (disposition of factual and legal
claims of a case)

CA-activities of person responsible for manipulating various
judicial administration directions and influences

SHAPING OF JUDGES ATTITUDES

Recruited from locality in which they serve-biases, values, perceptions
affect decisions

Most judges in one survey found to have difficulties assuming
administrative duties due to:

Heavy caseloads

Backlogs

Takes about 4 years to get full feel of docket.

Question: Given the above factor, what are its implications,
considering that the typical four year term of office for
elected judges?

Most new judges experience STRESS
Cause of some difficulties:

Maintaining judicial bearing

Adapting to loneliness of office

Sentencing criminals* (Hardest part)

Forgetting adversarial role

Experiencing local pressure-Can you identify a trial
which most definitely resulted in local pressure on the
judge in a particular case?

Little exchange of info between trial and appellate
judges-Review why?

Judges rely on their court staff to teach them the ropes
when first appointed.

Presiding judges-manage personnel and dockets, assigning
cases and judges, budgets, coordinating judicial schedules,
drafting local court rules, interface with media etc.

Some duties delegated to professional (non-judge) court
administrator if there is one. Which duties this involves,
is up to the presiding judge.

Chief or presiding judge-position usually based on seniority

Consider impact on court administrator-if large turnover
of presiding judges-difficulty in having to adapt to different management styles and delegating norms with each new
presiding judge.

Judges-historically ineffective managers

JUDGES EXIST TO HEAR CASES- not trained in court management

NATIONAL JUDICIAL COLLEGE:

Courses-two days to three weeks

NOTE: Check the curriculum and the extent to which it offers training in the specific areas mentioned as duties of court administrators!!!

COURT CLERKS-elected in 44 states-problem with training,
since they are elected officials.

Court Clerks can be De Facto Administrators and handle:

Dockets

Fee collection

Jury selection

Court records

Note the potential for conflict between court administrators
and court clerks, when they co-exist.

COURT ADMINISTRATORS-position came about in 1960's

Statewide court administration position in all states

Preparing annual reports

Preparing budgets

Troubleshooting

Big Question: What should their QUALIFICATIONS be??

Law degree vs Business Administration

SURVEY OF COURT ADMINISTRATORS:

Six major duties

Generating reports

Personnel administrator (non-judicial personnel)

Research and Evaluation

Managing equipment

Court budget

Personnel training

Other terms for Court Administrators:

Judicial Administrators
Court Coordinators
Court Managers
Judicial Managers
Court Executive Officer

CALIFORNIA: Various types of court administrators/coordinators can be
found in the GOVERNMENT CODE, including job descriptions, salaries,
and jurisdictions in which such positions are authorized.
Also, check some of the links to specific California Courts

Problem:

Potential conflict between appointed judicial/court administrators and elected court clerks.
Judges overruling decisions made by court administrators.

JUDGES/COURTS RESIST BUREAUCRACY-

Important Concepts, Key Terms, and Information

	Courts as organizations are less bureaucratic than other C.J. agencies
	Judges typically are not good managers
	Court Administrators typically are appointed by the judges of the court
	Court Administrators have no power over elected court clerks or elected judges
	The duties of a court administrator are not fixed and can be changed by the judges
	A graduate degree in public administration is the best background for a court administrator
	Budget and training/selection of non-judicial personnel is typically handled by a court administrator
	Dissatisfaction with the courts primarily involves delays, unjust decisions, and court costs
	The adversary system of justice impedes the search for truth in criminal trials
	The hardest part of being a judge is the sentencing of criminals
	Mechanisms to reduce frivolous lawsuits are available but not popular with attorneys
	An expert witness can usually be found to testify on behalf of any side in a civil or criminal trial
	Court clerks typically maintain court records and handle jury selection and fee collection
	The chief or presiding judgeship is typically based on seniority alone