The Administrative Office of the U.S. Courts has published its 2016 Annual Report and statistical tables. Although many of the most interesting tables are not publicly released, those that are released provide a wealth of information on federal court dockets and operations. I will likely have more to say about the 2016 statistics in the coming days, once I have a chance to go through the tables a bit.
UPI is reporting threats to the safety of the judges of South Korea’s Constitutional Court, who unanimously voted last week to uphold the impeachment of the country’s president, Park Guen-Hye. The judges will receive round-the-clock protection.
My review of Nuno Garoupa and Tom Ginsburg’s book, Judicial Reputation: A Comparative Theory, has been published by the New England Law Review On Remand.
The BNA reports here that if he is confirmed to the Supreme Court, Judge Neil Gorsuch would lose his position as Chair of the federal Advisory Committee on Appellate Rules, a role he has occupied since last October. This is only a minor administrative inconvenience for the federal court system; Chief Justice Roberts no doubt has already considered how to replace Judge Gorsuch on that committee. But the article does provide an important reminder about the considerable experience Judge Gorsuch brings to judicial administration, and lets us consider why such experience matters. Continue reading “Neil Gorsuch and judicial administration”
For the past five years, Texas’s Office of Court Administration has worked to develop a statewide online database of court filings. The database, called re:SearchTX, covers all 254 counties in the state and is intended to provide a unified, centralized system for access to court filings, similar to the PACER system used by the federal courts. Texas Chief Justice Nathan Hecht has advocated for the new system, noting in particular its ability more quickly and inexpensively to self-represented litigants.
But a smooth launch of re:SearchTX has been stymied by the local courts themselves. And now a bill has been filed in the state House that would allow individual counties to opt out of the system, radically weakening its utility.
The Indiana Commission on Judicial Qualifications has issued an advisory opinion stating that live tweeting, microblogging, and other forms of “electronically relaying a written message” do not constitute broadcasting, and therefore do not fall under the general ban on broadcasting courtroom proceedings. The decision paves the way for journalists of all types to share information on live testimony through Twitter. Broadcasting video or audio of court proceedings is still prohibited, and trial judges still have discretion to restrict microblogging activity in any given proceeding or trial.
More on the background of the new opinion here.
The Institute for the Advancement of the American Legal System (IAALS) has published Transparent Courthouse Revisited: An Updated Blueprint for Judicial Performance Evaluation. The document significantly updates a 2006 edition of the same publication. It draws on best practices from around the country on evaluation commissions, the evaluation process, reaching recommendations, funding, and disseminating results. It’s an important read for anyone interested in state courts and judicial performance evaluation (JPE).
More on the IAALS Quality Judges Initiative here.
North Carolina used to select all of its state judges through partisan election. Judicial candidates would have to win a party primary, and would appear on the ballot with a party designation. In 1996, the state legislature eliminated the partisan designations for state superior court races, and in 2001 did the same for district courts. Judges still face contested popular elections, but do not run under any party affiliation.
North Carolina’s move put it in good company. While a handful of states still have partisan races, most states that still elect their judges long ago moved to a nonpartisan system. Nonpartisan elections are certainly not foolproof, but deliberately omitting party affiliation from the ballot at least reinforces the message that voters should expect their judges to be impartial in performing their official duties.
This week, however, the North Carolina Senate chose to revert to partisan judicial elections. The state House of Representatives passed a similar (but not identical) bill earlier in the session. There is speculation that the Governor may veto the bill. Stay tuned.
Two articles published seven years apart beautifully illustrate the explosion of organizational theory in the late 1970s and early 1980s, and the ways in which that theory began to be applied to the courts. In a sense, they are perfect bookends for that era. Lawrence Mohr’s 1976 Organizations, Decisions, and Courts is decidedly agnostic as to whether courts should even be considered organizations; by 1983, the answer was sufficiently obvious that Herbert Jacob simply entitled his piece Courts as Organizations.
Both articles carefully explore the organizational contours of court systems, and the ways in which courts operate differently from private sector firms. The articles also reflect the changing understanding of organizations In the 1970s. The developments of that era opened the door for an entire field of court management.
More on both articles and their historical context after the jump.