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ENGLAND - COURT ADMINISTRATION - THE CASE FOR A JUDICIAL COUNCIL

NCJ Number
64799
Author(s)
I R SCOTT
Date Published
1979
Length
20 pages
Annotation
ENGLAND'S STRUCTURE FOR COURT ADMINISTRATION IS COMPARED TO AMERICA'S, AND A JUDICIAL COUNCIL IS RECOMMENDED FOR ENGLAND.
Abstract
THE ENGLISH COURTS ACT OF 1971 GAVE POWER TO THE LORD CHANCELLOR (HEAD OF JUDICIARY) TO SCHEDULE SITTINGS OF THE HIGH COURT AND THE CROWN COURT THROUGHOUT THE COUNTRY . THE LORD CHANCELLOR WAS FURTHER RESPONSIBLE FOR THE ESTABLISHMENT OF A SYSTEM OF COURT ADMINISTRATION. THE SYSTEM OF COURT ADMINISTRATION THUS ESTABLISHED IS AN EXECUTIVE STRUCTURE UNDER MINISTERIAL CONTROL. THIS WAS DONE UNDER THE ASSUMPTION THAT THE COURT ADMINISTRATION IS A MANAEMENT TASK THAT CONSISTS PRIMARILY OF NONJUDICIAL FUNCTIONS. THE LORD CHANCELLOR IS PRIMARILY A POLITICAL FIGURE, AND AS A MINISTER OF THE CROWN, HE IS READILY TREATED AS SUCH BY THE NONJUDICIAL PERSONNEL IN THE COURT SERVICE. HE IS, HOWEVER, A POLITICALLY WEAK FIGURE, UNLIKELY TO BE ABLE TO MEET THE EXPECTATIONS OF EITHER A COURT SERVICE PERSONNEL OR THE JUDICIARY, SINCE HE IS NOT A WORKING JUDGE AND DOES NOT FUNCTION WITHIN THE POWER CENTERS OF THE JUDICIARY. THIS SEPERATION OF EXECUTIVE FROM JUDICIAL FUNCTIONS DOES NOT EXIST IN THE UNITED STATES. JUDGES ASSUME ULTIMATE AUTHORITY FOR COURT ADMINISTRATION ACCORDING TO JUDICIAL HIERARCHAL AUTHORITY, WITH COURT ADMINISTRATORS IMPLEMENTING JUDICIAL POLICY. WHILE A STRICT APPLICATION OF THE AMERICAN SYSTEM COULD NOT WORK IN ENGLAND BECAUSE OF ITS JUDICIAL STRUCTURE, JUDICIARY INVOLVEMENT IN COURT ADMINISTRATION COULD BE INCREASED IN ENGLAND THROUGH THE ESTABLISHMENT OF A JUDICIAL COUNCIL COMPOSED OF JUDGES FROM ALL RANKS OF THE JUDICIARY. THE JUDICIAL COUNCIL WOULD SET POLICY FOR COURT ADMINISTRATION, SET COURT RULES, AND OTHERWISE MANAGE ALL PHASES OF COURT ADMINISTRATION. MEMBERS OF THE COURT SERVICE WOULD BE THE STAFF ARM OF THE COUNCIL. (RCB)