NCJ Number
42748
Date Published
1976
Length
88 pages
Annotation
COURT DELAYS AND WASTE ARE CONSIDERED TO BE OF SUCH A MAGNITUDE THAT THE ADMINISTRATION OF JUSTICE IN MASSACHUSETTS IS DEEMED ON THE BRINK OF DISASTER.
Abstract
CAUSES OF DELAY AND WASTE IN THE COURTS ARE JUDGED TO BE EXTRAORDINARY FRAGMENTATION OF JURISDICTION AND RESPONSIBILITY; FAILURE TO PROVIDE THE JUDICIARY WITH TOOLS OF GOOD MANAGEMENT; IMBALANCE OF RESOURCES AND JURISDICTION; THE FAILURE OF GOVERNORS AND LEGISLATURES TO PROVIDE SUFFICIENT JUDGES FOR THE SUPERIOR COURT; AND FAILURE TO MODERNIZE THE PROCEDURES AND PRACTICES WHICH GOVERN THE FLOW OF CASES. RECOMMENDATIONS INCLUDE: THE REORGANIZATION OF THE COURTS TO FOCUS MANAGERIAL RESPONSIBILITY AND PERMIT WISER PLANNING ALONG WITH MORE FLEXIBLE USE OF ALL RESOURCES AVAILABLE TO MEET CHANGING NEEDS: THE STRENGTHENING OF THE DISTRICT COURT SYSTEM; INCREASING THE COMBINED STRENGTH OF TRIAL COURTS TO 258 JUDGES, WITH 15 JUDGESHIPS TRANSFERRED TO THE SUPERIOR COURT; AND THE INSTITUTION OF REFORMS OF PRACTICE AND PROCEDURE AFFECTING THE CALENDERING AND FLOW OF CASES. THE REPORT CONTAINS OTHER RECOMMENDATIONS PERTAINING TO SUCH SUBJECTS AS JURY REFORM, THE SELECTION OF JUDGES, COMPLAINTS AGAINST THE JUDICIARY, AND THE TRAINING AND PROFESSIONALIZATION OF NON-JUDICIAL OFFICIALS AND EMPLOYEES IN THE JUDICIAL BRANCH....RCB