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Does the Public Expect Too Much From the Courts? Judicial Leaders Chart Directions for the '80s

NCJ Number
84754
Journal
State Court Journal Volume: 6 Issue: 3 Dated: (Summer 1982) Pages: 26-31,42-43
Author(s)
A Rausch; R Marks
Date Published
1982
Length
8 pages
Annotation
A summary of 17 state of the judiciary addresses given in 1981 and 1982 by chief justices of State supreme courts illustrates their concerns for ensuring equal access to courts, encouraging alternative dispute resolution methods, and reducing backlogs.
Abstract
Many judges emphasized the importance of providing legal assistance in civil cases to those who cannot afford it, urging State bar associations to expand pro bono services in the wake of decreased Federal funding. Arbitration or mediation centers for handling disputes between persons who must maintain continuing relationships were endorsed in several addresses. Techniques to eliminate backlogs and speed up dispositions included the establishment of temporary courts and 'fast track' experiments which reduce the size of judicial panels, eliminate oral arguments, and use terse, unpublished opinions. Several justices commented on the vital role that judicial support personnel play in efficient court management as well as the importance of using modern technology for all information systems. Justices in many States believed that the adoption of centralized budgeting and State assumption of court system costs currently borne by local governments would provide a more uniform and effective judicial system. Other concerns focused on inadequate salaries for judges, judicial education programs, and Federal courts' overstepping their authority by ruling on State courts' decisions in certain matters. According to the addresses, the public expects too much from the courts by asking them to solve social problems and prevent crime simply by imposing harsher penalties. The justices reiterated their belief that citizens are turning increasingly to the courts to solve problems because legislatures have abdicated their responsibilities to formulate public policy. Tables list the messages that served as a basis for the article.

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