NCJ Number
67223
Journal
Judicature Volume: 63 Issue: 9 Dated: (APRIL 1980) Pages: 427-435
Date Published
1980
Length
9 pages
Annotation
COURT ADMINISTRATORS SHOULD LEARN THE WAYS OF NEGOTIATING BARGAINING AND REALISTIC COMPROMISE WHICH SUIT THEIR POSITIONS AS POLITICAL FIGURES. POLITICAL THEORIES AS APPROACHES TO PROFESSIONAL COURT MANAGEMENT ARE EXAMINED.
Abstract
ONE POLITICAL THEORY IS THAT OF INTEREST GROUP LIBERALISM, A PLURALIST THEORY WHICH HOLDS THAT THE PROCESS OF POLITICS CONSISTS OF THE INTERACTION AND COMPETITION OF INTEREST GROUPS WITHIN FORUMS OF NEGOTIATION AND BARGAINING PROVIDED BY THE GOVERNMENT. THE GOVERNMENT'S ROLE IN THIS FRAMEWORK IS TO ENCOURAGE THE CONTINUED PARTICIPATION OF ALL RELEVANT INTERESTS WITHIN ITS BOUNDARIES, AND TO FACILITATE MUTUAL ADJUSTMENT OF THESE INTERESTS. THE GOVERNMENTAL OFFICIAL THEN STANDS BETWEEN CONFLICTING INTERESTS AND ACCOMMODATES THEIR DEMANDS IN A NEUTRAL SPIRIT. THUS, THE COURT ADMINISTRATOR SEEKS THE ULTIMATE CONSENSUS ON VALUES AMONG THE PARTIES, JUSTIFYING THE ULTIMATE DENIAL OF THE DEMANDS OF ONE GROUP AND ACCESSION TO THOSE OF ANOTHER. ANOTHER POLITICAL THEORY IS A LIMITED VERSION OF EGALITARIANISM THAT EMPHASIZES THE RESPONSIBILITY OF THE COURT TO GIVE EACH PERSON AN EQUAL CHANCE AT A FAIR AND JUST HEARING. THIS EGALITARIANISM DOES NOT GO SO FAR AS TO DEMAND THAT THE SUBSTANCE OF THE LAW REFLECT THE VALUE OF EQUALITY OR EVEN THAT ITS LEGAL PROCEDURES OPERATE EQUALLY FOR ALL PARTIES, BUT THAT JUDICIAL ADMINISTRATIVE PROCEDURES DO NOT OPERATE TO THE ADVANTAGE OF SOME PERSONS, AND TO THE DETRIMENT OF OTHERS. THIS THEORY ALLOWS THE COURT ADMINISTRATOR TO RANK INTERESTS OF ALL COURT PARTIES. A THIRD POLITICAL THEORY INVOLVES A COURT ADMINISTRATION THAT IS BUREAUCRATIC, WITH TIGHTLY CONTROLLED CIVIL AND CRIMINAL CALENDARS AND IMPERSONAL, OBJECTIVE, AND ROUTINE OPERATIONS. THIS THEORY BORROWS FROM TRADITIONAL AMERICAN THINKING ABOUT THE SEPARATION OF POWERS AND THE MAINTENANCE OF A SYSTEM OF CHECKS AND BALANCES AMONG THE AGENCIES OF GOVERNMENT. IT IS ALSO A THEORY OF ORGANIZATIONAL BEHAVIOR AND CONFLICT, INVOLVING THE GENERAL DRIFT OF GOVERNMENT INSTITUTIONS INTO EITHER A PATTERN OF FREEDOM-GENERATING RESTRAINT AND MODERATION OR ONE OF DESTRUCTIVE EXCESS. ALTHOUGH NONE OF THESE PERSPECTIVES IS FULLY DEVELOPED, THEY REPRESENT CONCEPTUAL AND ATTITUDINAL FRAMEWORKS THAT FUNCTION TO THE BENEFIT OF THOSE WHO USE THEM. FOOTNOTES ARE PROVIDED.