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INJECTING COURT ADMINISTRATORS INTO AN OLD SYSTEM - A CASE OF CONFLICT IN FLORIDA

NCJ Number
36878
Journal
Justice System Journal Volume: 2 Issue: 1 Dated: (SPRING 1976) Pages: 57-76
Author(s)
L BERKSON; S W HAYS
Date Published
1976
Length
20 pages
Annotation
THIS CASE STUDY OF COURT REFORM IN FLORIDA WAS UNDERTAKEN TO DETERMINE WHY THE NEWLY CREATED TRIAL COURT ADMINISTRATORS HAVE ENCOUNTERED STRONG OPPOSITION FROM TRADITIONAL COURT MANAGERS.
Abstract
IN 1972, FLORIDA INSTITUTED A COMPREHENSIVE REFORM OF ITS STATE JUDICIAL SYSTEM. ONE OF THESE REFORMS ENTAILED THE ESTABLISHMENT OF THE 'TRIAL COURT ADMINISTRATOR' TO AID JUDGES AND COURT CLERKS IN THE MANAGEMENT OF THE COURTS. THIS STUDY SOUGHT INFORMATION ON THE BACKGROUNDS, ATTITUDES, CONCEPTIONS OF COURT REFORM, AND ADMINISTRATIVE PHILOSOPHY OF CHIEF JUDGES, COUNTY CLERKS, AND COURT ADMINISTRATORS IN ORDER TO FIND FACTORS WHICH COULD ACCOUNT FOR THE OPPOSITION OF JUDGES AND CLERKS TO THE NEW ADMINISTRATOR. METHODS USED INCLUDED PERSONAL INTERVIEWS, WRITTEN QUESTIONNAIRES, AND PARTICIPANT OBSERVATION WITHIN THE COURT SYSTEM. THE STUDY SHOWED THAT THE SURVIVAL OF COURT ADMINISTRATORS DEPENDED UPON THREE MAJOR FACTORS: THE ATTITUDES ON THE PART OF THE STATE JUDGES; THE RESISTANCE PRESENTED BY THE PERSONNEL WHO HAVE TRADITIONALLY MANAGED THE COURTS; AND THE PERSONAL SKILLS, COMMITMENT, AND PERSERVERANCE OF THE ADMINISTRATORS THEMSELVES. THE AUTHORS CONCLUDE THAT THE ATTITUDES OF THE JUDGES AND CLERKS WERE A PRIMARY ROADBLOCK TO THE SUCCESS OF THE COURT ADMINISTRATOR. THEY CONTEND THAT COURT REFORM REQUIRES MORE THAN LEGISLATION. IT REQUIRES THE BUILDING OF POLITICAL AND ADMINISTRATIVE RELATIONSHIPS AT LOCAL AS WELL AS STATE LEVELS, SO THAT COURT ADMINISTRATORS ACQUIRE A POWER BASE-NEED NOT MERELY TO SURVIVE BUT TO DEVELOP A MORE EFFECTIVE COURT SYSTEM. (AUTHOR ABSTRACT MODIFIED)

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