COURTS

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

SOLUTIONS:

Dissatisfaction with the courts

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

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:

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:

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:

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

Big Question: What should their QUALIFICATIONS be??

Law degree vs Business Administration

SURVEY OF COURT ADMINISTRATORS:

Six major duties

Other terms for Court Administrators:

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:

JUDGES/COURTS RESIST BUREAUCRACY-

Important Concepts/Information:

Courts are the least bureaucratic component of the CJ system

Courts are thought to be the seeker of truth, but experience shows this to be questionable.

Proposed solutions to frivolous law suits would work, but there is an absence of agreement on their implementation.

There are three major reasons for dissatisfaction with the courts

The most difficult task for judges is the sentencing of offenders

The Court Administrator has the least job security at the court house

Court Administators typically serve at the pleasure of the judges

The elected status of court clerks and judges can result in conflict