SPECIAL MASTERS EASE PRISON REFORM

• NCJ Number: 59877
• Journal: Corrections Today Volume: 41 Issue: 3 Dated: (MAY/JUNE 1979) Pages: 16,18,20-21,25
• Author(s): A F BREED
• Date Published: 1979
• Length: 5 pages
• Corporate Author: American Correctional Association
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

COURTS ARE REVITALIZING THE POSITION OF SPECIAL MASTER, AN AGENT OF THE COURT WHO SERVES IN PLANNING, IMPLEMENTING AND MONITORING COURT ORDERS. SPECIAL MASTERS ARE NOW BEING ASSIGNED TO WORK IN PRISON REFORM.

Abstract

SPECIAL MASTERS HAVE BECOME MORE ACTIVE, ESPECIALLY WITH THE INCREASE IN PUBLIC LAW LITIGATION INVOLVING MAJOR INSTITUTIONAL CHANGE. THESE CASES, PREVIOUSLY LIMITED TO SCHOOLS OR MENTAL HOSPITALS, AND WITH INCREASING REGULARITY INVOLVING PRISONS AND JAILS, REQUIRE JUDGES TO TAKE A DIFFERENT APPROACH TO THE USUAL COURT REMEDIES OF IMPOSING INJUNCTIONS OR AWARDING DAMAGES. COURTS RECOGNIZE THAT IT IS DIFFICULT TO COLLECT ACCURATE INFORMATION ABOUT AN INSTITUTION AND THAT JUDGES ARE OFTEN UNQUALIFIED TO ASSESS CONDITIONS AND RECOMMEND POSSIBLE REMEDIES. THE SPECIAL MASTER, APPOINTED BY THE COURT AND APPROVED BY ALL PARTIES, CAN ACT AS DISINTERESTED FACT FINDER, FACILITATOR, MONITOR AND OFTEN IMPLEMENTOR. THEY ARE USED NOT ONLY TO MONITOR AND ENSURE COMPLIANCE BUT ALSO TO BE AN ADDITIONAL RESOURCE FOR THE DEFENDANTS WHO OFTEN MUST COPE WITH A LONG LIST OF COURT-ORDERED REMEDIES. THEY SERVE AS A THIRD PARTY LIAISON WHEN IT IS NECESSARY TO NEGOTIATE A MODIFICATION OF THE ORDER OR DETERMINE THE MOST APPROPRIATE METHOD OF COMPLYING WITH AN ORDER. IN GENERAL A MASTER SHOULD BE THOROUGHLY KNOWLEDGEABLE ABOUT CORRECTIONS AND HAVE A LEGAL BACKGROUND OR ACCESS TO LEGAL CONSULTATION. A SOLID FAMILIARITY WITH CORRECTIONS MAY BE A SPECIAL MASTER'S GREATEST ASSET, ESPECIALLY IN CONFINEMENT CASES THAT INVOLVE HUNDREDS OF PROVISIONS. A MASTER'S LEGAL AUTHORITY IS DEFINED BY THE COURT AND HOW HE USES IT MAY DETERMINE THE DEGREE OF HIS SUCCESS. A SPECIAL MASTER CAN PLAY A VITAL ROLE IN PLANNING HOW COURT ORDERS ARE TO BE IMPLEMENTED. SPECIAL MASTERS WILL BE APPOINTED IN INCREASING NUMBERS TO ENSURE THAT DEFENDANTS COMPLY WITH THE ORDERS OF THE COURT AND SHOULD BE SEEN AS AN AID TO CHANGE. (MJW)