NCJ Number
48184
Date Published
1975
Length
140 pages
Annotation
STUDIES EXAMINING THE OPERATION OF THE NEW MEXICO COURTS OF LIMITED JURISDICTION IN ORDER TO IDENTIFY PROBLEM AREAS AND RECOMMEND METHODS FOR THEIR AMELIORATION ARE DESCRIBED.
Abstract
A CENSUS OF ALL TRIAL COURTS OF LIMITED JURISDICTION IN NEW MEXICO WAS CONDUCTED, QUESTIONNAIRES WERE ADMINISTERED TO COURT PERSONNEL, AND A DETAILED PROFILE OF THE COURT SYSTEM WAS DEVELOPED TO SERVE AS A MODEL FOR ARRIVING AT RECOMMENDATIONS. THE PROFILE INCLUDES INFORMATION ON THE SEAT, TERMS, JURISDICTION, PERSONNEL SELECTION, RETENTION AND REMOVAL ADJUNCTIVE DIVISIONS AND BOARDS, AND EXPENSES OF THE FOLLOWING COURTS: THE SUPREME COURT (COURT OF LAST RESORT); THE INTERMEDIATE APPELLATE COURT; THE TRIAL COURTS OF GENERAL JURISDICTION; AND THE TRIAL COURTS OF LIMITED JURISDICTION, INCLUDING THE MAGISTRATE, MUNICIPAL, PROBATE, AND SMALL CLAIMS COURTS. ALSO INCLUDED IN THE PROFILE ARE JUDICIAL COMMISSIONS AND THE COURT ADMINISTRATIVE OFFICE. ANY PROPOSED AND ACTUAL COURT REFORMS AS WELL AS A BRIEF OUTLINE OF THE COURT SYSTEM OF EACH OF THE 50 STATES ARE ALSO PROVIDED. RESULTS OF AN ATTITUDE SURVEY, IN WHICH DISTRICT JUDGES, ATTORNEYS, AND LAY USERS RANKED THE QUALITY OF THE LIMITED JURISDICTION COURTS ON A VARIETY OF FACTORS, ARE PRESENTED IN TABULAR FORM. TO DATE, THE STUDY HAS REVEALED SEVERAL PROBLEMS IN THE LIMITED JURISDICTION COURT SYSTEM. THESE INCLUDE: CONFUSION AMONG LAY USERS AND LAWYERS IN DETERMINING WHICH COURT IS MOST APPROPRIATE FOR INITIATING AN ACTION; VARIATIONS IN COURT PRACTICES AND PROCEDURES; COSTLY INEFFICIENCY OF TRIALS DE NOVO FROM MAGISTRATE, MUNICIPAL, AND PROBATE COURTS; INEFFECTIVE SUPERVISION AND INADEQUATE PLANNING; FRAGMENTATION OR ABSENCE OF PERSONNEL SYSTEMS; PART-TIME JUDGES AND JUDGES OVER 70 YEARS OF AGE; FRAGMENTED BUDGETING POLICIES; LACK OF STATISTICS OR MISLEADING STATISTICS AND INADEQUATE RECORDS MANAGEMENT; INADEQUATE JURY MANAGEMENT; INADEQUATE BOOKKEEPING AND LAW LIBRARY MANAGEMENT; INADEQUATE EQUIPMENT AND SPACE MANAGEMENT; LACK OF FEE SCHEDULES AND STANDARDS FOR INTERPRETERS; AND NONATTORNEY JUDGES. RECOMMENDATIONS TO ALLEVIATE THESE PROBLEMS INCLUDE THE ABOLISHMENT OF PROBATE AND SMALL CLAIMS COURTS, ABOLISHMENT OF THE TRIAL DE NOVO, UPGRADING OF THE QUALIFICATIONS AND SALARIES OF JUDGES AND ABOLISHMENT OF PART-TIME JUDGESHIPS; CREATION OF A SINGLE TRIAL COURT; ESTABLISHMENT OF A SYSTEM OF REGIONAL ADMINISTRATION AND LIAISON; AND DEVELOPMENT OF A BENCHBOOK AND CLERK'S MANUAL. COPIES OF QUESTIONNAIRES USED IN THE ATTITUDE SURVEY ARE ALSO PROVIDED. (JAP)