NCJ Number
66180
Journal
Law and Society Review Volume: 14 Issue: 1 Dated: (FALL 1979) Pages: 27-56
Date Published
1979
Length
30 pages
Annotation
STUDY OF FIVE PENNSYLVANIA SUPREME COURT DECISIONS AGAINST STATE AGENCIES FOUND THAT THOSE AGENCIES TRIED TO IGNORE AND AVOID RULINGS ADVERSE TO THEIR INTERESTS.
Abstract
WHEN A COURT HANDS DOWN A RULING CONCERNING A STATE AGENCY, THE ORGANIZATION FIRST READS THE JUDICIAL ORDER AS SUBJECTIVELY AS POSSIBLE, DECIDING ITS IMPACT ON THE AGENCY. IF THE DECISION IS ADVERSE TO THEM, THE AGENCY MAY INITIATE A SEARCH FOR MORE INFORMATION ON THE RULING AND ALTERNATIVE RESPONSES TO IT. THE EXTENT OF THE SEARCH IS DETERMINED BY THE PROBABILITY OF THE RULINGS ENFORCEMENT. AGENCIES MUST DECIDE WHETHER TO INITIATE POLICY AND DECISIONMAKING CHANGES IF SO ORDERED BY THE COURT. IF AN ORGANIZATION CAN EVADE THE DECISION, USING ITS FINANCIAL RESOURCES, IT WILL. FOR THIS STUDY, A STATE WAS SELECTED WHERE THE STATE SUPREME COURT RULINGS' IMPACT COULD BE IDENTIFIED. PUBLIC RECORDS AND DOCUMENTS WERE REVIEWED TO DETERMINE IF ANY POLICY HAD CHANGED BECAUSE OF THE RULINGS, AND AGENCY OFFICIALS WERE INTERVIEWED TO IDENTIFY ANY CHANGE OR REVISION IN DECISIONMAKING BEHAVIOR. THE AGENCIES STUDIED WERE THE WORKMEN'S COMPENSATION BOARD, BUREAU OF CORRECTION, DEPARTMENT OF TRANSPORTATION, HUMAN RELATIONS COMMISSION, AND BOARD OF PROBATION AND PAROLE. THREE OF THE AGENCIES FOUND THE JUDICIAL DECISION WOULD HAVE AN ADVERSE AFFECT ON THEIR ORGANIZATION AND EXPLORED WAYS TO NOT COMPLY. BESIDES SUPPORTING THE AVOIDANCE THEORY, THE STUDY FOUND THAT MORE DETAILED EMPIRICAL WORK CAN BE DONE WITH RESPECT TO THE INTERPRETATION AND SEARCH PHASE OF THE AGENCY RESPONSE. FINALLY, ONE OR MORE STUDIES COULD PROFITABLY EXPLORE THE RELATIVE IMPORTANCE OF THE STAGES AT WHICH AGENCIES DECIDE TO COMPLY WITH OR EVADE COURT DECISIONS, AND RELATE THESE FINDINGS TO THE APPARENT REASONS FOR AGENCY RESPONSE. CHARTS, CASE SUMMARIES AND A BIBLIOGRAPHY ARE INCLUDED.