NCJ Number
55713
Journal
Brigham Young University Law Review Volume: 1978 Issue: 1 Dated: (1978) Pages: 39-63
Date Published
1978
Length
25 pages
Annotation
REAL AND POTENTIAL CONFLICTS BETWEEN THE CONSTITUTIONAL REQUIREMENT FOR JUDICIARY INDEPENDENCE AND THE NEED FOR MORE EFFICIENT AND EFFECTIVE JUDICIAL ADMINISTRATION ARE DISCUSSED AND AN APPROACH PROPOSED.
Abstract
THE HISTORICAL DEVELOPMENT AND PURPOSES OF THE DOCTRINE OF SEPARATION OF POWERS AND THE COROLLARY NOTION OF AN INDEPENDENT JUDICIARY ARE SUMMARIZED, AND THE HISTORY OF THE JUDICIAL ADMINISTRATION REFORM MOVEMENT IS REVIEWED, WITH ATTENTION GIVEN TO THE EXISTING STRUCTURE DESIGNED TO FACILITATE EFFECTIVE AND EFFICIENT ADMINISTRATION IN FEDERAL COURTS. PROPOSED SYSTEMS FOR CONTROLLING THE WORK OF THE JUDICIARY ARE ALSO DISCUSSED. SPECIFIC AREAS OF THE JUDICIAL INDEPENDENCE-JUDICIAL ADMINISTRATION CONFLICT ARE IDENTIFIED. A THEORETICAL FRAMEWORK FOR COMPROMISE IS FORMULATED. WAYS IN WHICH COMPROMISES HAVE BEEN EFFECTED ARE CRITICIZED. THE INDEPENDENCE OF THE JUDICIARY AS A SEPARATE BRANCH OF GOVERNMENT AND THE INDEPENDENCE OF THE INDIVIDUAL JUDGE WITHIN THAT BRANCH ARE ESSENTIAL CONSTITUTIONAL DOCTRINES. AT THE SAME TIME, HOWEVER, THE INCREASINGLY COMPLEX NATURE OF OUR SOCIETY AND THE BALLOONING BODY OF LAW MULTIPLYING CASES TO BE HEARD BY FEDERAL COURTS NECESSITATE THE IMPLEMENTATION OF PROCEDURES OF COURT ADMINISTRATION THAT ARE EFFICIENT AND EFFECTIVE. THE FEDERAL STRUCTURE DESIGNED TO FACILITATE IMPROVED JUDICIAL ADMINISTRATION FOCUSES ON JUDICIAL COUNCILS AND JUDICIAL CONFERENCES COMPOSED OF JUDGES OF CIRCUIT COURTS IN EACH DISTRICT TO DELIBERATE AND DEVISE IMPROVED METHODS OF ADMINISTRATION FOR THEIR DISTRICTS, WITH ADVICE BEING OFFERED FROM THE NATIONAL LEVEL. THESE COUNCILS CAN AVOID INTERFERENCE IN THE INDEPENDENCE OF INDIVIDUAL JUDGES BY DEALING ONLY WITH LOGISTICAL ADMINISTRATIVE MATTERS, WHILE REFRAINING FROM ANY ACTION THAT WOULD INFRINGE ON INDIVIDUAL JUDGE'S COURT DECISIONMAKING. UNTIL NOW, THE CIRCUIT JUDICIAL COUNCILS AND CONFERENCES HAVE BEEN RELUCTANT TO UNDERTAKE SERIOUS ADMINISTRATIVE REFORM. SHOULD THIS CONTINUE TO BE THE CASE, IT IS TO BE EXPECTED THAT EFFORTS WILL BE MADE TO IMPOSE ADMINISTRATIVE REFORM FROM LEVELS BEYOND THE CIRCUIT COURTS. JUDICIAL INDEPENDENCE IS MOST LIKELY TO BE PRESERVED THROUGH RESPONSIBLE ACTION BY CIRCUIT JUDICIAL COUNCILS WHICH WILL PRECLUDE GREATER CENTRALIZATION OF POWER TO EFFECT ADMINISTRATIVE REFORM. (RCB)