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UNMAKING OF A COURT ADMINISTRATOR?

NCJ Number
37616
Journal
Judicature Volume: 60 Issue: 3 Dated: (OCTOBER 1976) Pages: 135-139
Author(s)
L C BERKSON; S W HAYS
Date Published
1976
Length
5 pages
Annotation
RESULTS OF A SURVEY OF FLORIDA JUDGES, COURT CLERKS, AND COURT ADMINISTRATORS TO DETERMINE THE RECEPTION THAT MANAGERS HAVE RECEIVED FROM OTHER COURT PERSONNEL AND TO ASSESS THE QUALITY AND EFFECTIVENESS OF THE MANAGERS.
Abstract
FLORIDA WAS SELECTED FOR STUDY SINCE COURT ADMINISTRATORS HAVE BEEN APPOINTED IN 17 OF THE STATE'S 20 CIRCUIT COURTS. A 7-PAGE, 84 ITEM SURVEY WAS SENT TO EACH OF THEM; 82.3 PERCENT WERE RETURNED. THE QUESTIONNAIRE WAS DESIGNED TO DISCOVER THE PROBLEMS AND THE EXTENT OF DIFFICULTY THE COURT ADMINISTRATORS ENCOUNTERED IN IMPLEMENTING THEIR POLICIES. COURT CLERKS AND JUDGES WERE ALSO SURVEYED. THE RESULTS SHOWED THAT COURT CLERKS AND ADMINISTRATORS DIFFER ON TWO IMPORTANT VARIABLES: ADMINISTRATORS HAVE MORE EDUCATION AND ARE LESS CONSERVATIVE THAN COURT CLERKS. IT WAS FOUND THAT COURT CLERKS GENERALLY VIEWED THE ADMINISTRATORS AS THREATS, AND HAVE MOBILIZED AGAINST THE ADMINISTRATORS. THE CLERKS TEND TO DEAL DIRECTLY WITH JUDGES ON ALL MATTERS CONCERNING COURT MANAGEMENT. JUDGES WERE ALSO OPPOSED TO THE COURT ADMINISTRATORS. AS A RESULT OF THIS SITUATION, THE COURT ADMINISTRATORS HAVE TAKEN NEUTRAL STANCES ON COURT POLICY AND ARE EXTREMELY PASSIVE IN THE PERFORMANCE OF THEIR DUTIES. IT IS NOTED THAT THE LACK OF ADVANCE PREPARATION FOR THE ADVENT OF COURT MANAGERS MAY BE AT THE ROOT OF THE PROBLEM. THE AUTHORS CONCLUDE THAT TO 'SAVE' THE FLORIDA COURT ADMINISTRATORS, THREE OPTIONS MAY BE CONSIDERED: 1) EDUCATION OF JUDGES ON THE UTILITY OF THE COURT ADMINISTRATOR; 2) WEAKENING OF THE POSITION OF COURT CLERK; AND 3) ABOLISHING THE POSITION OF COURT ADMINISTRATOR AND UPGRADING THE POSITION OF COURT CLERK.

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