COMMUNITY COURTS - A VIABLE CONCEPT

• NCJ Number: 55775
• Journal: Trial Volume: 14 Issue: 4 Dated: (APRIL 1978) Pages: 45-47
• Author(s): J W COTCHETT
• Date Published: 1978
• Length: 3 pages
• Corporate Author: Assoc of Trial Lawyers of America
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

COMMUNITY COURTS ALLOW THE PUBLIC ACCESS TO LOCAL FORUMS FOR SETTLING MINOR DISPUTES. AN ANALYSIS OF THE EXISTING SITUATION AND SUGGESTIONS FOR ESTABLISHING COMMUNITY COURTS ARE PROVIDED.

Abstract

THE HISTORY OF THE U.S. LEGAL SYSTEM REVEALS THAT THE COURTS HAVE MOVED FROM LOCAL, INFORMAL, AND AVAILABLE FORUMS TO COMPLEX, EXPENSIVE, AND INACCESSIBLE PROCESSES REQUIRING THE ASSISTANCE OF LAWYERS. THE U.S. IS NOW ONE OF THE FEW REMAINING MAJOR COUNTRIES WHICH DOES NOT HAVE AN EXTENSIVE SYSTEM OF COMMUNITY COURTS. SMALL CLAIMS COURTS ORIGINALLY WERE DESIGNED TO PROVIDE SPEEDY AND INFORMAL JUDICIAL RELIEF, BUT THESE COURTS ALSO ACQUIRED CUMBERSOME PROCEDURES AND BECAME INACCESSIBLE. FURTHERMORE, A 1964 STUDY IN ALAMEDA, CALIF., INDICATED THAT 60 PERCENT OF ALL ACTIONS IN SMALL CLAIMS COURTS WERE BROUGHT BY BUSINESSES AGAINST INDIVIDUALS. PEOPLE ARE OFTEN NOT AWARE OF THE AVAILABILITY OF SMALL CLAIMS COURTS, OR THEY ARE NOT ABLE TO TAKE TIME FROM WORK TO USE THEM. WORKERS' COMPENSATION LAWS ALLOW QUICK DETERMINATION OF DAMAGES IN CASES OF PERSONAL INJURY, AND ARBITRATION HAS GAINED SOME ACCEPTANCE IN THE BUSINESS COMMUNITY, BUT USE OF THESE PROCEDURES IS RESTRICTED TO SPECIAL SITUATIONS. LEGISLATION, SUCH AS 'NO FAULT' DIVORCE AND 'NO FAULT' INSURANCE, ATTEMPTS TO REDUCE AREAS OF DISPUTE OR SPECIFY THE FORUMS AVAILABLE, BUT ALSO DENY INDIVIDUALS FULL DUE PROCESS HEARINGS ON SUBSTANTIAL RIGHTS IN THE NAME OF EFFICIENCY. A NEW APPROACH TO INCREASING LOCAL FORUMS MIGHT INCLUDE THE FOLLOWING PROPOSALS: (1) DIRECTING THE PRESENT COURT SYSTEM TO OVERSEE AN EXPANDED VERSION OF THE PRESENT SMALL CLAIMS COURT NETWORK; (2) UTILIZING AVAILABLE PUBLIC STRUCTURES, SUCH AS SCHOOLS AND OTHER COMMUNITY BUILDINGS, TO HOUSE FORUMS DURING UNUTILIZED HOURS; (3) MAKING FORUMS AVAILABLE DURING NONSCHOOL, NONWORKING HOURS; (4) UTILIZING LAY MEMBERS OF THE COMMUNITY WHO REPRESENT THE NEIGHBORHOOD TO WHICH THE DISPUTANTS BELONG; AND (5) PROVIDING AGGRIEVED PARTIES WITH THE OPTION OF UTILIZING THE COMMUNITY FORUM WITH THE UNDERSTANDING THAT THEY MAY REMOVE THE DISPUTE TO SMALL CLAIMS COURT IF THEY DESIRE.