COURT FINANCING AND UNITARY BUDGETING

• NCJ Number: 11124
• Author(s): G C HAZARD; M B MCNAMARA
• Date Published: 1973
• Length: 10 pages
• Corporate Author: American Bar Assoc.
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: SUPPORTING STUDIES-1

Annotation

TWO METHODS OF ACHIEVING AN ADEQUATE AND RATIONAL JUDICIAL BUDGET-THE CONSTITUTIONAL THEORY OF INHERENT POWER AND ADMINISTRATIVE CONCEPT OF UNITARY BUDGETING.

Abstract

THE ELEMENTS OF EACH OF THESE APPROACHES ARE DESCRIBED AND THE IMPLICATIONS AND LIMITATIONS ARE POINTED OUT. THE DOCTRINE OF INHERENT POWER RESTS ON THE PREMISE THAT THE COURTS ARE A CONSTITUTIONALLY CREATED BRANCH OF GOVERNMENT WHOSE CONTINUED EFFECTIVE FUNCTIONING IS INDISPENSABLE. THE PERFORMANCE OF THAT CONSTITUTIONAL FUNCTION IS A RESPONSIBILITY COMMITTED TO THE COURTS AND THIS RESPONSIBILITY IMPLIES THE AUTHORITY NECESSARY TO CARRY IT OUT. THE COURTS, THEREFORE, HAVE THE AUTHORITY TO RAISE MONEY TO SUSTAIN THEIR ESSENTIAL FUNCTIONS. UNITARY BUDGETING, AS IMPLEMENTED IN SEVEN STATES, IS A COMPREHENSIVE SYSTEM IN WHICH ALL JUDICIAL COSTS ARE FUNDED BY THE STATE THROUGH A SINGLE BUDGET ADMINISTERED BY THE JUDICIAL BRANCH. (AUTHOR ABSTRACT MODIFIED)