NCJ Number
51130
Date Published
1975
Length
100 pages
Annotation
THIS STUDY ASSESSED THE OPERATIONAL DIFFERENCES IN COURT MANAGEMENT BASED ON VARIATIONS IN THE STRENGTH OF THE JUDGE, THE METHOD OF JUDGE SELECTION AND THE JUDGE'S AUTHORITY.
Abstract
IN ORDER TO DETERMINE IF DIFFERENCES IN THE STRUCTURE OF VARIOUS COURTS AFFECT THE AMOUNT OF POWER PRESIDING JUDGES HAVE IN THEIR ADMINISTRATIVE DECISIONMAKING, AND THE DEGREE OF CONFLICT FACED IN MAKING DECISIONS AFFECTING THE REST OF THE COURT, A QUESTIONNAIRE WAS DEVELOPED AND MAILED TO THE PRESIDING JUDGES OF COURTS OF GENERAL JURISDICTION IN POPULATION CENTERS WITH 350,000 PEOPLE OR MORE. THE QUESTIONNAIRE (APPENDED) CONTAINED RATING SCALES TO MEASURE PRESIDING JUDGE POWER AND CONFLICT, QUESTIONS RELATING TO SPECIFIC HYPOTHESES, OPEN-ENDED QUESTIONS FOR GREATER DEPTH, AND DEMOGRAPHIC DATA QUESTIONS. IT WAS DETERMINED THAT THE METHOD OF SELECTION OF THE PRESIDING JUDGE BEARS SIGNIFICANTLY ON FEELINGS OF CONFLICT, A RELATIONSHIP EXISTS BETWEEN METHOD OF SELECTION AND PERCEIVED POWER, JUDGES WHO PERCEIVED THEY HAD GREATER POWER GENERALLY FELT LESS CONFLICT IN PERFORMING THEIR ROLES, AND PRESIDING JUDGES SELECTED BY A HIGHER COURT LEVEL OR AUTHORITY GENERALLY VIEWED THEIR ROLE AS THAT OF LEADER. THE DATA FAILED TO SUPPORT THE NOTION THAT JUDGES SELECTED FROM THE SAME LEVEL MORE OFTEN SEE THEIR ROLE AS A CHORE DOER. THE DATA ALSO FAILED TO SUPPORT ANY CONNECTION BETWEEN COURT CONGESTION AND CONFLICT, POWER, OR CALENDARING FACTORS. RECOMMENDATIONS AND SUGGESTIONS FOR FUTURE RESEARCH ARE PROVIDED, ALONG WITH AN ANNOTATED BIBLIOGRAPHY OF BOOK AND JOURNAL ARTICLES PUBLISHED BETWEEN 1952 AND 1973. APPENDED MATERIALS INCLUDE THE QUESTIONNAIRE, CORRESPONDENCE, AN INTERVIEW GUIDE, AND A LIST OF STATES REPRESENTED IN THE SAMPLE. TABULAR DATA ARE PROVIDED. (KBL)