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Structuring Justice - The Implications of Court Unification Reforms

NCJ Number
93619
Author(s)
T A Henderson; C Kerwin
Date Published
1983
Length
109 pages
Annotation
This monograph summarizes the policy implications of a 3-year study of the judicial systems in Georgia, Iowa, Colorado, New Jersey, and Connecticut, particularly their experiences with court unification.
Abstract
Following a review of the court reform movement, the structure of the judicial systems is described, along with the management structure of trial courts, the process of managing the judicial systems, and the importance of the adjudicatory process in managing trial courts. The study concludes that the greatest contribution of the unification reforms has been an explicit recognition of the linkages between the formal and functional aspects of the judiciary. The underlying theme of the many changes advocated is the conversion of the judiciary from a loose collection of independent judges and administrators into a coherent organization capable of making and implementing operational policies for the courts. Decisionmakers and analysts alike must consider all aspects of judicial operations rather than adopting views that segregate the adjudicatory process from administrative matters. The unification reforms are believed to have laid an institutional foundation for this integrated perspective by creating leadership positions within the judiciary charged with developing operational policies for both judges and administrators. The research indicates that these positions can take a variety of organizational forms and still have a significant impact on the style and content of operations. It is less important whether the locus of authority is centralized or decentralized than that a coherent policymaking process exists at the trial court level. Seventy-two references are listed.