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STATE COURT REFORM - PROGRESS AND PROBLEMS

NCJ Number
68573
Author(s)
L HECTOR
Date Published
1979
Length
164 pages
Annotation
THE STATUS OF STATE COURT REFORM IN THE UNITED STATES, OSTENSIBLY AS OF 1978 (ALTHOUGH SOME DATA ARE ONLY AS CURRENT AS 1976) IS DESCRIBED SINCE ITS INCEPTION IN 1906, FROM A POLITICAL SCIENTIST'S PERSPECTIVE.
Abstract
THIS MASTER'S DISSERTATION GIVES AN HISTORICAL OVERVIEW OF THE STATE COURT REFORM MOVEMENT IN TERMS OF THREE MAJOR AREAS FOR STUDY, I.E. ORGANIZATIONAL RESTRUCTURING OF THE COURTS THEMSELVES; ORGANIZATIONAL RESTRUCTURING AND CONSOLIDATION OF THE MANAGEMENT AND ADMINISTRATION FUNCTIONS; AND THE CONSOLIDATION OF THE FISCAL FUNCTIONS OF THE STATE COURTS. AMONG THE CONSTRAINTS AND PROBLEMS ENCOUNTERED BY STATE COURT REFORM MEASURES IN THEIR PROGRESS, THIS STUDY INCLUDES: SCARCITY OF RESOURCES, NOT ONLY OF MONEY, BUT OF PEOPLE AND FACILITIES AS WELL; THE OPPOSITION OF PRESENT JOBHOLDERS, WHOSE TENURES ARE JEOPARDIZED BY THE HIGHER CREDENTIALS AND PROFESSIONAL QUALIFICATIONS REQUIRED BY THE ADMINISTRATIVE REFORM MEASURES; A LACK OF GUIDING LITERATURE AND UNIFORMITY IN CONSOLIDATION EFFORTS OF ADMINISTRATIVE AND MANAGEMENT FUNCTIONS. INADEQUATE FUNDING IS ALSO A MAJOR OBSTACLE IN THE REORGANIZATION OF COURT RECORDMAKING AND RECORDKEEPING PROCESSES INVOLVING THE INTRODUCTION OF MODERN ELECTRONIC DATA PROCESSING TECHNIQUES AND EQUIPMENT. THE STUDY CONCLUDES THAT THE PACE OF STATE COURT REFORM HAS BEEN EXTRAORDINARY SINCE 1940, BUT THE MOMENTUM APPEARS TO BE WANING: THIS PHENOMENON MUST BE RECOGNIZED AND ATTEMPTS MUST BE MADE TO COUNTER IT THROUGH LONG-RANGE PLANNING. AN EXTENSIVE BIBLIOGRAPHY IS APPENDED. APPENDIXES ARE PROVIDED IN COMBINED TABULAR AND NARRATIVE FORM ON: COURT STRUCTURAL ORGANIZATION; CENTRALIZED COURT ADMINISTRATION; FISCAL CONSOLIDATION; AND A SUMMARY INDICATION OF THE COMPARATIVE STANDINGS OF THE STATES WITH REGARD TO THE PROGRESS MADE IN COURT REFORM.

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