ADMINISTRATIVE IMPLEMENTATION OF THE NEW JUDICIAL ARTICLE, NEW CRIMINAL CODE, AND SPEEDY TRIAL RULE BY THE MISSOURI SUPREME COURT AND THE STATE COURTS ADMINISTRATOR

• NCJ Number: 49926
• Author(s): H O LAWSON; B HOFFMAN; G B KUBAN
• Date Published: 1978
• Length: 34 pages
• Contract Number(s): J-LEAA-013-76
• Sponsoring Agency: US Dept of Justice
• Corporate Author: American University
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America
• Note: CRIMINAL COURTS TECHNICAL ASSISTANCE PROJECT

Annotation

RECOMMENDATIONS ARE PRESENTED TO HELP THE MISSOURI STATE COURTS ADMINISTRATOR DEFINE ITS ROLE IN THE TRANSITION AND IMPLEMENTATION PHASES OF LEGISLATED CHANGES IN THE STATE'S COURT SYSTEM AND CRIMINAL JUSTICE PROCESS.

Abstract

MISSOURI LEGISLATION DESIGNED TO IMPROVE THE JUSTICE PROCESS AND COURT SYSTEM INCLUDES THE FOLLOWING: A RESOLUTION ABOLISHING COURTS OF LIMITED OR SPECIAL JURISDICTION AND ESTABLISHING A THREE-TIER STRUCTURE CONSISTING OF THE SUPREME COURT, THE COURT OF APPEALS (WITH THREE GEOGRAPHICAL LOCATIONS), AND THE CIRCUIT COURT (WITH MAGISTRATE, PROBATE, AND MUNICIPAL DIVISIONS); A NEW CRIMINAL CODE, WHICH CONSTITUTES A COMPLETE RESTRUCTURING OF THE STATE'S CRIMINAL LAWS AND REDUCES THE NUMBER OF CODE SECTIONS FROM 491 TO 238; AND SPEEDY TRIAL LEGISLATION, WHICH REQUIRES THAT A DEFENDANT BE ARRAIGNED WITHIN 10 DAYS OF INDICTMENT AND TRIED WITHIN 180 DAYS OF ARRAIGNMENT. THE STATE COURTS ADMINISTRATOR'S OFFICE IS DESCRIBED, AND THE LIKELY IMPACT OF THE NEW LEGISLATION ON THE OFFICE IS ASSESSED. A DETAILED INVENTORY OF TASKS THAT WILL BE IMPOSED OR EXPANDED AS A RESULT OF THE LEGISLATION IS PRESENTED, AND RECOMMENDATIONS FOR MEETING THE NEW DEMANDS ARE OFFERED. TASKS INCLUDE THOSE RELATED TO PERSONNEL AND BUDGET ADMINISTRATION, FISCAL ADMINISTRATION, TRAINING, TECHNICAL SERVICES TO THE CIRCUIT COURTS, LOCAL ADMINISTRATIVE CAPABILITY, RECORDKEEPING, CENTRAL TRANSCRIPT REPORTING, AND PLANNING AND RESEARCH CAPABILITY. SUGGESTIONS FOR REORGANIZING THE ADMINISTRATOR'S OFFICE ARE PROVIDED. THE ORGANIZATIONAL STRUCTURE RECOMMENDED FOR THE ADMINISTRATOR'S OFFICE TAKES INTO ACCOUNT BOTH SHORT-RANGE AND LONG-RANGE STAFFING NEEDS. A LIST OF PERSONNEL TO BE ADDED TO THE ADMINISTRATOR'S OFFICE AND THE DATES ON WHICH THEY SHOULD BEGIN THEIR DUTIES IS APPENDED. (LKM)