NCJ Number
72512
Date Published
1977
Length
238 pages
Annotation
Problem areas in State court administration are identified, and proposed solutions are evaluated, followed by the presentation of a model for change.
Abstract
Data were obtained from research and experience gained during a community service internship with the Northeastern regional office of the National Center for State Courts, an administrative arm for the State courts to facilitate court improvement and reform. The importance of State courts as the arena for handling the bulk of litigation in American society is discussed, and problem areas are considered under the categories of rapidly increasing caseloads, charges of improperly decided cases, and the need for a problemsolving mechanism within State court systems. Definitions of judicial administration are included, followed by an examination of the unified court organization model as well as more specific proposals for change to speed court caseflow and improve management capabilities within the courts. The critical analysis begins with the introduction of the few empirical studies currently available on the impact of specific adjustments to procedures and rules. The position courts occupy in State government is considered, and intergovernmental relations, separation of powers, and the exercise of inherent powers are analyzed. Rulemaking power is discussed as the courts' major tool for modernization and problemsolving within a State system. In examining proposals for change in the State courts, several concepts from social psychology are used to explain why a proposed rule or procedure may not alter existing practices in the courts. A change model is detailed which accounts for judicial attitudes and interpersonal relations factors in State courts. Tabular data, footnotes, and about 160 references are provided. (Author abstract modified)