NCJ Number
47445
Date Published
1978
Length
90 pages
Annotation
THE MOVEMENT TOWARD UNIFICATION OF STATE JUDICIARIES, THE PROGRESS TOWARD STATEWIDE FINANCING OF ALL COURTS, AND THE EMERGENCE OF STATE COURT PERSONNEL ADMINISTRATION SYSTEMS ARE EXAMINED.
Abstract
UNIFICATION CAN BE DIVIDED INTO THE LEVELS OF APPELLATE COURT AND TRIAL-COURT. AT THE APPELLATE LEVEL, THE FUNCTIONS OF THE CIVIL APPEALS COURT AND THE CRIMINAL APPEALS COURT WOULD BE COMBINED INTO AN INTERMEDIATE COURT OF APPEALS. AT THE TRIAL-COURT LEVEL, CHANGES WOULD INCLUDE REDUCING THE NUMBER OF SPECIALIZED COURTS, ESTABLISHING ONE STATEWIDE GENERAL TRIAL COURT WITH LOWER COURTS TO OPERATE THROUGHOUT THE STATE, OR ESTABLISHING A SINGLE TRIAL COURT AND ABOLISHING ALL OF THE MINOR COURTS. MEASUREMENTS OF STATE COURT UNIFICATION AND INDICES OF INDIVIDUAL STATE COURT MODERNIZATION ARE PRESENTED IN TABULAR FORM. THERE ARE SOME MOVEMENTS UNDERWAY THAT WOULD UNIFY THE COURTS UNDER THE DIRECTION OF THE STATE'S CHIEF JUSTICE, WHICH WOULD INCLUDE THE RIGHT OF THE STATE COURT TO MAKE RULES FOR THE ENTIRE JUDICIAL SYSTEM; THE AUTHORITY OF THIS BODY TO ASSIGN JUDGES AND COURT-RELATED EMPLOYEES TEMPORARILY FROM ONE TRIBUNAL TO ANOTHER; THE RIGHT TO ESTABLISH A CLASSIFICATION SYSTEM FOR JUDICIAL PERSONNEL AT ALL LEVELS; AND THE POWER TO FORMULATE A SINGLE BUDGET FOR THE ENTIRE JUDICIARY. STATE COURT FINANCING IS DEFINED AS THE PRACTICE OF THE STATE JUDICIAL DEPARTMENT PAYING FOR ITS OPERATING AND CAPITAL COSTS AT ALL LEVELS THROUGH A SINGLE ANNUAL BUDGET PREPARED BY THE SUPREME COURT AND PASSED THROUGH THE LEGISLATURE. THE PROGRESS OF THE CHANGEOVER TO THIS FORM OF FISCAL MANAGEMENT IS TRACED IN THE STATES. THIS CHANGE IN FINANCING IS CONSIDERED TO BE URGENTLY NEEDED, BUT THE STATES ARE IMPLEMENTING IT ONLY GRADUALLY. TRENDS IN THE ESTABLISHMENT AND MAINTENANCE OF STATE COURT PERSONNEL SYSTEMS ARE EXAMINED. THIS INCLUDES A REVIEW OF SOME JUDICIAL PERSONNEL PROBLEMS, AN EXPLORATION OF IMPORTANT MATTERS AFFECTING COURT-RELATED EMPLOYEES, AND AN EXAMINATION OF CENTRALIZED COURT-PERSONNEL PROTOTYPES RECENTLY SUGGESTED FOR ADOPTION IN CALIFORNIA AND NEW YORK. A CASE STUDY OF THE UNIFICATION PROJECT IN MICHIGAN IS PRESENTED. OPINIONS ON THE LOCATION OF PROBATION SERVICES ARE PRESENTED. THERE IS SO MUCH PUBLIC DISCONTENT WITH THE STATE COURTS THAT THEY MUST MAKE MOVES TOWARDS MORE EFFICIENT AND BETTER FINANCED SYSTEMS. NOTES AND INDEXES ARE PROVIDED. (BAC)