NCJ Number
105025
Date Published
1986
Length
4 pages
Annotation
In this paper, Chief Justice William Wayne of the State of Texas offers tips of advice to governmental administrators and executives so that they may effectively respond to Federal judicial lawsuits directed against their organizations.
Abstract
He advises that governmental organizations learn to cooperate and work with courts and not react defensively against the courts. Administrators should be aware of all organizational occurrences at every level and should maintain an objective perspective of operations. They need to remain calm and composed when confronted with a lawsuit. Once the suit is filed, it is crucial that a thorough and objective investigation be made of the organization's operations in regard to the specific complaints made by the opposing parties. It is also important for the organization to determine whether a legal violation has been committed by the organization. Thus, both a factual and legal assessment must be made to determine whether the lawsuit is justified. If the organization finds itself violating constitutional standards it is advised that the organization consider settling the case or entering into a 'consent decree.' If the suit is found to be unjustified and the case is taken to trial, but the organization loses, the author urges the organization to cooperate and settle on an agreed remedial order.