NCJ Number
112866
Journal
Ohio State Journal of Dispute Resolution Volume: 3 Issue: 2 Dated: (1988) Pages: 361-383
Date Published
1988
Length
23 pages
Annotation
The special master provides a mechanism for ensuring compliance with court-ordered prison reform.
Abstract
When a special master enters a case in which court mandates have not been implemented, it is important that he or she clarify whether noncompliance is the result of intentional perfidy or a lack of skills, resources, training, and energy of the warden or director and staff, as this will influence the role of the special master. In general, noncompliance is most often associated with a lack of skills and training, and this suggests that the special master be as unobtrusive as possible. The special master should not attempt to run the prison or arrogate the perogatives of power. Rather, emphasis should be on retrofitting the administration with the resources supplied by the court order. Court-ordered reform may result in a new physical plant or renovations, improved staffing and training, or the development of new policies and procedures. By gaining the warden's trust and confidence, the special master can help the warden in adjusting to these changes and in acquiring the new skills needed for sound facility administration. An internal compliance monitor also should be appointed to familiarize all staff with the terms of the order and to promote all possible measures to achieve compliance. While correctional reform is a task made more difficult by the differing perspectives of litigating counsel, judge, and inmate subpopulations, the special mastership provides a means for facilitating resolution of disputes; increases the likelihood that constitutional requirements will be met; and contributes to a lawful, safe, and humane prison. 35 footnotes.