Judicial Work in the 1980s - Nuts and Bolts

• NCJ Number: 86977
• Journal: Catholic University Law Review Volume: 31 Issue: 2 Dated: (Winter 1982) Pages: 213-225
• Author(s): P Nejelski
• Date Published: 1982
• Length: 13 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS. Originally presented at the American Bar Association 'Conference on the Role of the Judges in the '80s,' June 19-20, 1981, Washington, DC

Annotation

This view of judicial work in the 1980's focuses on institutional constraints, nonjudicial alternatives for resolving disputes, technology, the bench-lawyer-client triangle, and the cost of the judicial system.

Abstract

Many institutional constraints hamper judges' effectiveness and job satisfaction. Some constraints are the election of court clerks who owe no allegiance to the judge, the constant rotation of judges, legislation that creates court backlogs, and underfunding. There is also a trend toward adjudication by nonjudges because of court backlogs and the high cost of litigation. Whether this trend will be good or bad depends on variables such as (1) who serves in these alternatives and how they are selected, (2) whether the reference is voluntary by the parties or is mandated by court or statute, (3) who pays for the services of the adjudicator, and (4) whether the decision is final. There will be many opportunities for the application of technology in the courts in the 1980's, including videotaped depositions of testimony, computer statistics on the time aspects of caseloads, and telephone conference calls. Technology per se will not aid the court system; it must be appropriately applied and evaluated. The 1980's will also see increased attention to the needs of the client and an effort to increase the lawyer's involvement in increasing the efficiency of the court system. The latter may include limiting discovery, making lawyers part of the planning process, emphasizing training for litigation, increasing attention to the relationship between law office management and case management, the grading of lawyers by judges, and increases in judicial liability. The courts of the 1980's increasingly will have to pay for themselves, which may lead to higher filing fees and user fees where a party elects a jury trial, filing fees and user fees where a party elects a jury trial, as well as an occupational tax on lawyers. Forty-one references are listed.