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INFLUENCE IN COURT SYSTEMS - THE CLERK AS INTERFACE

NCJ Number
43770
Journal
Justice System Journal Volume: 3 Issue: 1 Dated: (FALL 1977) Pages: 30-37
Author(s)
M G GERTZ
Date Published
1977
Length
8 pages
Annotation
THE ROLE OF THE COURT CLERK IS ANALYZED IN A REPORT BASED ON DATA AND IDEAS FROM A STUDY OF FELONY COURTS IN CONNECTICUT.
Abstract
THE CLERK IS VIEWED AS AN IMPORTANT DISCRETION-EXERCISING FIGURE WHO PERFORMS BOTH TECHNICAL CORE FUNCTIONS AND BOUNDARY-SPANNING FUNCTIONS. THE CLERK'S BASIC TECHNICAL CORE FUNCTION IS THAT THE COMMUNICATIONS FACILITATOR. THE CLERK'S BOUNDARY-SPANNING, OR INTERFACE, DUTIES INCLUDE THOSE INTERNAL TO THE CRIMINAL JUSTICE ORGANIZATION (E.G., REDUCING UNCERTAINTIES FOR OTHER ELEMENTS OF THE ORGANIZATION) AND EXTERNAL TO THE ORGANIZATION (E.G., PROVIDING NEWSPAPER REPORTERS WITH COURT INFORMATION). ANALYSIS OF THE CLERK'S IMPACT ON PROFESSIONALS WORKING IN THE CRIMINAL JUSTICE SYSTEM, ON ATTENTIVE PUBLICS (DEFENDANTS, WITNESSES, JURORS, AND RESEARCHERS), AND ON THE GENERAL PUBLIC LEADS TO THE OBSERVATION THAT PROFESSIONALS AND LAY PERSONS ALIKE MUST INTERACT WITH THE CLERK IN ORDER TO ACCOMPLISH THEIR GOALS. THE CLERK'S CONTROL OVER DATA AND WORK ACTIVITY COMBINES WITH HIS UNIQUE KNOWLEDGE OF THE STATUS OF EACH CASE TO PLACE HIM IN A HIGHLY INFLUENTIAL POSITION. THE NEED FOR COURT REFORMS TO TAKE INTO ACCOUNT THE ROLE AND INFLUENCE OF THE CLERK IS POINTED OUT.

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