NCJ Number
84701
Journal
Judicature Volume: 66 Issue: 2 Dated: (August 1982) Pages: 60-72
Date Published
1982
Length
13 pages
Annotation
This article discusses the bureaucratization of the Federal court system in terms of causes, effects, and proposed solutions to problems resulting from the trend.
Abstract
Bureaucratization, which develops in courts when judges perform administrative functions (such as staff management) to the detriment of fundamental adjudicative duties, has occurred in the Federal courts over the past 25 years. This trend is attributable to increased case volume and complexity, staff increases to handle larger caseloads, loss of collegiality among judges, and formalization of court processes. Present approaches have not increased courts' capacity to deal with rising caseloads; each addition of more staff, judges, or procedural revision has accentuated the negative effects of bureaucratization. Delegation of authority for court management and daily operation should help resolve present deficiencies. Possible remedies for fighting the negative effects of bureaucratization include separating management and judging, administrative decentralization, evaluating the impact of procedural change before revisions are implemented, and defining the judge's role to exclude many administrative functions. The article provides 58 footnotes.