ANYTHING LEGISLATURES CAN DO, COURTS CAN DO BETTER? (FROM SOUTH CENTRAL REGIONAL CONFERENCE ON THE JUDICIARY FINAL REPORT, JANUARY 21 AND 22, 1977 - SEE NCJ-47958)

• NCJ Number: 47962
• Author(s): ROSENBERG
• Date Published: 1977
• Length: 4 pages
• Corporate Author: New Mexico Administrative Office of the Courts; National Ctr for State Courts; New Mexico Supreme Court
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINTED FROM AMERICAN BAR ASSOCIATION JOURNAL, V 62 (MAY 1976), P 587-590

Annotation

ALTHOUGH COURTS HAVE THE POWER TO INTERPRET, INVALIDATE, OR COMPLETELY CHANGE THE THRUST OF STATUTES, THEY DO NOT HAVE THE DATA NEEDED FOR THESE DECISIONS. A GOVERNMENTAL INFORMATION SERVICE FOR COURTS IS SUGGESTED.

Abstract

CITIZENS ARE NOW ASKING THE COURTS TO HANDLE COMPLEX MATTERS THAT FORMERLY WERE RESOLVED BY LEGISLATURES BECAUSE THE COURTS DISPOSE CASES FASTER AND THEIR JUDGEMENTS ARE FINAL. CASES BEING PRESENTED ARE NO LONGER IN THE CLASSIC TWO-PARTY MOLD OF A SUING B FOR DAMAGES. THEY TEND TO BE POLYCENTRIC CONTROVERSIES, INVOLVING LARGE NUMBERS OF INTERRELATED INTERESTS, AND HAVING COMPLEX RAMIFICATIONS. COURTS ARE ILL-EQUIPPED TO HANDLE SUCH CASES BECAUSE THEY LACK THE RESOURCES TO COLLECT, ANALYZE, AND PRESENT DATA NECESSARY FOR MAKING DECISIONS ON SOCIAL POLICY. IT IS SUGGESTED THAT THE FEDERAL GOVERNMENT SET UP A CENTRAL INFORMATION SERVICE TO PROVIDE COURT ACCESS TO APPROPRIATE TECHNICAL AND SOCIAL SCIENCES DATA. CRITERIA FOR STUDIES TO BE INCLUDED SHOULD BE DEVISED. SERVICES TO BE PROVIDED ARE DESCRIBED BRIEFLY. (GLR)