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NCJ Number: 66685 Find in a Library
Title: PERSPECTIVE ON CIVIL DELAY IN TRIAL COURTS
Journal: JUSTICE SYSTEM JOURNAL  Volume:5  Issue:2  Dated:(WINTER 1979)  Pages:170-186
Author(s): K O BOYUM
Corporate Author: Institute for Court Management
United States of America
Date Published: 1979
Page Count: 17
Sponsoring Agency: Institute for Court Management
Denver, CO 80202
Format: Article
Language: English
Country: United States of America
Annotation: INDIVIDUAL MOTIVATIONS AND GOALS MUST BE CONSIDERED WHEN ATTEMPTING TO UNDERSTAND THE NATURE OF JUDICIAL PROCESSES, INCLUDING THE PACE OF CIVIL LITIGATION.
Abstract: PREVIOUS LITERATURE WHICH FOCUSED ON STRUCTURAL VARIABLES AS THE CAUSE OF COURT DELAYS DID NOT SUPPLY ADEQUATE EXPLANATIONS FOR DISPATCH AND DELAY. A SEARCH OF THE MOST RECENT DATA-ORIENTED WORK ON EXPLAINING THE PACE OF CIVIL LITIGATION REVEALS AN EMPHASIS ON INDIVIDUAL MOTIVATIONS AND GOALS. TO PLACE GOALS AND MOTIVATIONS IN A CONTEXT OF ORGANIZED GROUPS, A ROLE THEORETICAL APPROACH CAN BE USED. ROLE THEORY CONTEMPLATES SOCIAL SYSTEMS COMPOSED OF INTERDEPENDENT POSITIONS, WITH DIFFERENT FUNCTIONS ATTACHING TO DIFFERENT POSITIONS. A ROLE PERSPECTIVE HAS BEEN SUPPORTED BY THE INFORMAL LITERATURE, HAS LED TO POSITIVE RESULTS, AND HAS THE ADVANTAGE OF INDICATING A RELATIONSHIP BETWEEN JUDICIAL ROLE EMPHASES AND THE STRUCTURINGS IN THE ROLES TAKEN BY OTHER INCUMBENTS IN COURT SYSTEM POSITIONS. A STUDY OF THREE STATE TRIAL COURTS OF GENERAL JURISDICTION LOCATED IN MAJOR METROPOLITAN AREAS ILLUSTRATES THE ROLE THEORY APPROACH. IT INDICATES THAT JUDGES MAY BE AIDED IN IMPROVING THE PACE OF LITIGATION WITH THE ASSISTANCE OF A COURT ADMINISTRATOR. THIS POSITION WOULD BE LIKELY TO INCREASE THE PROBABILITY THAT JUDGES WOULD REMEMBER THEIR ADMINISTRATIVE FUNCTIONS. LAWYERS MUST BE TAKEN INTO ACCOUNT AS WELL, WITH REGARD TO THEIR EXPECTATIONS OF JUDICIAL BEHAVIOR. REFERENCES AND FIVE TABLES ARE INCLUDED. (MHP)
Index Term(s): Attitude change; Attorneys; Court administrators; Court case flow; Court case flow management; Court delays; Court reform; Judges; Role perception
Note: REVISED FROM A PAPER ORIGINALLY DELIVERED AT THE 1973 ANNUAL MEETING OF THE WESTERN POLITICAL SCIENCE ASSOCIATION, SAN DIEGO, CALIFORNIA
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66685

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