NCJ Number
47168
Date Published
1978
Length
663 pages
Annotation
THE CONCEPT OF COURT UNIFICATION IS EXPLORED AND UNIFICATION EFFORTS IN 11 STATES ARE EXAMINED IN TERMS OF HOW THESE STATES PLANNED FOR AND IMPLEMENTED THE CHANGES.
Abstract
THE CONCEPT OF COURT UNIFICATION HAS BEEN AN IMPORTANT PART OF EFFORTS BY REFORMERS TO CHANGE STATE COURTS SINCE THE BEGINNING OF THE 20TH CENTURY. SOME OF THE SERIOUS PROBLEMS NOTED AT THAT TIME WITH EXISTING COURT SYSTEMS WERE THAT THERE WERE TOO MANY COURTS; THEIR MULTIPLICITY CREATED DUPLICATION OF SERVICES, WASTE, AND INEFFICIENCY; AND BECAUSE OF RIGID JURISDICTIONAL BOUNDARY LINES, IDLE JUDGES WERE NOT FREE TO AID OTHERS WITH HEAVY CASELOADS, THUS WASTING JUDICIAL MANPOWER. REFORM SUGGESTIONS PROPOSED STREAMLINING THE COURT SYSTEM AND MAKING IT MORE EFFICIENT. THE REPORT TRACES THE EVOLUTION OF COURT UNIFICATION THROUGHOUT THE 20TH CENTURY, WITH THE AIM OF DEVELOPING A COLLECTIVE DEFINITION OF THE CONCEPT. ITS PRINCIPAL STRENGTHS AND WEAKNESSES ARE INVESTIGATED, BASED ON A REVIEW OF CONTEMPORARY LITERATURE AND ON ACTUAL OBSERVATIONS. THE ISSUES OF CENTRALIZED MANAGEMENT, SUPREME COURT RULEMAKING AUTHORITY, BUDGETING, AND STATE FINANCING ARE DISCUSSED, INCLUDING THE ARGUMENTS SUPPORTING AND OPPOSING EACH MEASURE, AND AN ANALYSIS OF VARIOUS OPTIONS FOR THE IMPLEMENTATION OF EACH IS PRESENTED. A BRIEF POLITICAL HISTORY IS PRESENTED OF UNIFICATION ACTIVITY IN EACH OF 11 STATES SELECTED FOR INDEPTH INVESTIGATION: ALABAMA, COLORADO, CONNECTICUT, FLORIDA, IDAHO, KANSAS, KENTUCKY, NEW YORK, OHIO, SOUTH DAKOTA, AND WASHINGTON. OBSTACLES WHICH ACTIVISTS HAVE ENCOUNTERED, SUCH AS CONSTITUTIONAL RESTRAINTS, INSTITUTIONAL RESISTANCE TO CHANGE, AND THE OPPOSITION OF THE JUDICIARY, THE BAR AND THE PUBLIC, ARE ANALYZED. SUGGESTIONS ARE OFFERED FOR OVERCOMING THESE OBSTACLES. REFORM CAMPAIGN STRATEGY AND TACTICS ARE OUTLINED TO GUIDE THOSE INTERESTED OR ACTUALLY INVOLVED IN EFFECTING THE INNOVATION IN THEIR STATES, INCLUDING DISCUSSIONS OF LIKELY (AND LESS LIKELY) PROPONENTS OF UNIFICATION; STRUCTURE, STAFF, AND FUNDING OF A CAMPAIGN; POSSIBLE COMPROMISES WHICH MIGHT BE OFFERED FOR DIFFERENT ASPECTS OF THE REFORM PLAN; AND VARIOUS COMMITTEES WHICH SHOULD BE ORGANIZED TO FINANCE THE EFFORTS, EDUCATE THE PUBLIC, AND RESEARCH THE ISSUE. FINALLY, SPECIFIC PROBLEMS OFTEN ENCOUNTERED BY THOSE ATTEMPTING TO ADMINISTER VARIOUS ASPECTS OF COURT UNIFICATION ARE PRESENTED WITH SUGGESTIONS FOR SOLVING THEM. APPENDIXES PROVIDE A NATIONAL GUIDE TO COURT UNIFICATION, WHICH SUMMARIZES AND RANKS STATES' UNIFICATION EFFORTS; A LIST OF SOURCES AND CONTACTS IN THE 11 STATES ANALYZED INDIVIDUALLY IN THE REPORT; AND SAMPLES OF CAMPAIGN LITERATURE -- PAMPHLETS, FACT SHEETS, AND SAMPLE BALLOTS -- USED IN REFORM CAMPAIGNS IN SEVERAL STATES.