APPLYING ORGANIZATION AND MANAGEMENT THEORY TO THE SELECTION OF LOWER COURT PERSONNEL

• NCJ Number: 50965
• Journal: Criminal Justice Review Volume: 2 Issue: 2 Dated: (FALL 1977) Pages: 81-91
• Author(s): L BERKSON; S HAYS
• Date Published: 1978
• Length: 11 pages
• Corporate Author: Georgia State University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

PERSONNEL PROCEDURES INCORPORATING THE VIRTUES OF BOTH CENTRALIZED AND DECENTRALIZED ORGANIZATIONAL MANAGEMENT ARE SUGGESTED FOR THE SELECTION OF CHIEF JUDGES, COURT ADMINISTRATORS, AND COURT CLERKS.

Abstract

AFTER POINTING OUT THAT RELATIVELY LITTLE ATTENTION HAS BEEN PAID TO THE SELECTION OF PERSONNEL IN LOCAL COURTS, THE PECULIAR MANAGEMENT PROBLEMS FOUND IN THESE COURTS ARE REVIEWED. IT IS POINTED OUT THAT A CLASSICAL, OR CENTRALIZED MANAGEMENT STRUCTURE ENGENDERS HOSTILITY AND OFTEN RESULTS IN LACK OF COOPERATION. THE HUMAN RELATIONS APPROACH, ALSO CALLED THE OPEN MANAGEMENT APPROACH, IS DECENTRALIZED, RELYING ON LOCAL SELECTION. THIS METHOD, HOWEVER, HAS OFTEN RESULTED IN THE ELECTION OR APPOINTMENT OF LESS THAN QUALIFIED PERSONS. THE CLASSICAL AND HUMAN RELATIONS APPROACHES ARE COMBINED INTO A SUGGESTED SET OF PROCEDURES FOR SELECTING CHIEF JUDGES OR JUSTICES, COURT ADMINISTRATORS, AND COURT CLERKS. IT IS SUGGESTED THAT THE CHIEF JUDGE NO LONGER BE SELECTED ON THE BASIS OF SENIORITY. INSTEAD, AS RECOMMENDED BY THE AMERICAN BAR ASSOCIATION, THEY SHOULD EITHER BE APPOINTED BY THE CHIEF JUSTICE OR BE ELECTED BY OTHER JUDGES OF THE COURT. ADMINISTRATIVE ABILITY AND THE ABILITY TO PROVIDE INTELLECTUAL AND PROFESSIONAL LEADERSHIP SHOULD BE A PRIME CONSIDERATION. THE CONFLICTS BETWEEN THE OFFICE OF COURT ADMINISTRATOR AND COURT CLERK ARE EXAMINED. IT IS RECOMMENDED THAT COURT ADMINISTRATORS BE SELECTED LOCALLY, BUT THAT THE QUALIFICATIONS BE SET BY THE STATE SUPREME COURT. TWO ALTERNATIVE PROCEDURES ARE RECOMMENDED, THEN THE ELECTIVE OFFICE OF COURT CLERK IS EXAMINED. REASONS WHY IT IS USUALLY POLITICALLY INFEASIBLE TO CHANGE THIS TO AN APPOINTIVE OFFICE ARE REVIEWED. IT IS RECOMMENDED THAT REFORM BE ACHIEVED BY AUTHORIZING THE STATE SUPREME COURT TO ESTABLISH MINIMUM CRITERIA FOR PERSONS SEEKING ELECTION. MINIMUM CRITERIA FOR PERSONS SEEKING ELECTIVE JUDGESHIPS ARE CITED AS PRECEDENTS FOR THIS. EXTENSIVE REFERENCES ARE APPENDED. (GLR)