Many states have established “problem-solving courts” over the last two decades. These are specialized courts whose mission goes beyond the standard determination of guilt and punishment, and instead seeks to address the causes underlying problematic behaviors. Across the country, problem-solving courts have been established to deal with (among other things) drug offenses, mental health issues, sex offenses, truancy, and gun violence.
The State of Delaware has recently undertaken its first internal evaluation of its problem-solving courts, and is now looking to streamline and consolidate some of their work. In particular, the public report describing the evaluation recommends “a unified statewide treatment court.” Unifying the state’s problem-solving courts, the report suggested, would also allow the judiciary and court administrators to address treatment and training issues more efficiently.
As the state courts continues to expand their reach beyond a traditional, arms-length adjudicative role, these types of analyses will be all the more important. Delaware is said to be working with the National Center for State Courts and the National Association of Drug Court Professionals on this project, and hopefully the lessons gleaned from the project will work their way to other state court systems as well.
Like many organizations, court systems have deliberate processes for acculturating and training new members — a process sometimes referred to as “socialization.” Forms of court socialization include formal processes like “baby judge” schools to provide training on opinion writing and docket management, as well as informal processes of acclimating new judges to the ins and outs of their jobs.
In Cook County, Illinois, part of the socialization and acclimation process involves assigning new judges to traffic court. But Judge Richard Cooke, a former private practitioner who won an unopposed judicial election last November, rejected his traffic court assignment and apparently never reported for duty. Judge Cooke claims a conflict of interest, alleging that he has financial stake in a car wash that cleans city-owned vehicles. Other are not buying it:
Critics say the tempest is an illustration of all that’s wrong with selecting judges in Cook County — where cash and political connections at times carry more weight than temperament and ability. Daley Center judges say traffic court is the best place for a new judge to learn how to manage a courtroom, master a new area of law and do their job in a setting where the possible damage they can inflict is relatively minimal.
Former top federal prosecutor Carrie Hamilton, who helped prosecute ex-governor Rod Blagojevich, and former Winston & Strawn partner Raymond Mitchell both spent time in traffic court before moving into other assignments.
The court administration initially responded by assigning Judge Cooke only to conduct marriage ceremonies. With the outcry continuing, however, this week the circuit court’s executive committee sent the issue to the state Judicial Inquiry Board. This is the first step in a possible disciplinary action against Judge Cooke. We will follow the story as it develops.
This is an interesting piece on recent administrative changes made at the Criminal Term of the Brooklyn Supreme Court to combat backlog and process cases more efficiently. Efficiency in case processing is often overemphasized, and can be stressed to the detriment of other important factors of court productivity. But it is still a very visible part of court operations, and accordingly very important. Courts should be applauded for seeking out internal ways to handle their duties efficiently.
Facing a budget crunch, both court administrators and state legislators in Iowa are admitting the possibility that they might close or consolidate courthouses in the future, leaving some of Iowa’s counties without any courthouse at all. Technological advances might make some closings more palatable, as materials can be filed and hearings conducted electronically.
There is no plan in the works to consolidate court services, said State Court Administrator David Boyd, who is set to retire in September after four decades of working for Iowa’s court system. And there are state laws barring certain moves, such as creating regional litigation centers or moving clerk offices out of county seats.
But Boyd admits there may come a time when offering court services in all 99 counties could be reconsidered.
“I really do hope at some point we are in fact considered to be a separate and equal branch of government and properly funded,” he said. “That’s not to say that we have to continue to do things in a particular way just because we’ve always done it that way.”
I have recently become fascinated with the work of William Howard Taft, a man who approached the Presidency like a judge and the Chief Justiceship like an executive. Taft was an extraordinary judicial reformer, not because of his judicial opinions (although he authored hundreds during his time on the Court) but because of the “executive principle” he brought to managing the federal court system. In just nine years as Chief Justice, Taft personally lobbied for and secured legislation increasing the number of federal judges, dramatically reducing the Supreme Court’s mandatory caseload, and authorizing the courts to developing internal administration through what would become the Judicial Conference of the United States. Taft also set the groundwork for the Rules Enabling Act (allowing the federal courts to develop their own uniform procedural and evidentiary rules).
Professor Justin Crowe’s article, The Forging of Judicial Autonomy, vividly and concisely describes how Taft turned a highly dependent, decentralized federal court system into a modern organization in less than a decade. Crowe focuses his article around two major pieces of legislation: a 1922 Act which added 24 new federal judges and created the Judicial Conference’s predecessor, the Conference of Senior Circuit Judges; and the Judiciary Act of 1925, which eliminated most of the Supreme Court’s obligatory caseload. These Acts were not, Crowe argues, inevitable — or even desired — by Congress. Rather, they were the result of a “judicial autonomy” forged by Taft, who combined relentless entrepreneurship with existing social networks and willingness to embrace modern management theories.
Continue reading “Interdependence classics: Justin Crowe, The Forging of Judicial Autonomy: Political Entrepreneurship and the Reforms of William Howard Taft”
Buried in this story about the University of Delaware’s partnership with the state court system to create a fellows program for graduate students is a most interesting point:
In 2014, the judicial branch entered a 10-year partnership with the Alfred Lerner College of Business and Economics to improve court operations using private-sector techniques.
As part of the effort, many in the courts were trained in Lean Six Sigma, a methodology focused on removing waste from the processes. The courts said this helped save the judicial branch and partner agencies more than 4,250 staff hours.
Courts have been looking to private sector organizations for management techniques for a century, when Chief Justice Taft began infusing the federal courts with “executive principle.” But until this story broke, I was admittedly unaware that Six Sigma techniques were being applied directly in state court systems.
More background on the court-university partnership is here.
Sometimes relatively insignificant events serve as a reminder of the organizational nature of courts. For example, they sometimes have unexpected snow days. And, like the rest of us, they have to catch up when they reopen.
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.
Continue reading “Intra-court feud brewing in Texas over online records access”
A recent court appointment in West Virginia highlights the interplay between a court system’s internal management and its external environment. Gary Johnson served as a state circuit court judge for 24 years before losing his reelection bid last year by 220 votes. Last month, his opponent, Stephen Callaghan, was suspended from his judicial duties for two years for improper conduct during he campaign. (Callaghan’s campaign apparently issued a flyer implying that Judge Johnson partied at the White House with Barack Obama, an action deemed to be a violation of the state’s Code of Judicial Conduct and Rules of Professional Conduct.)
Judge Johnson could not undo the election results, but he landed on his feet quickly. In January, he was appointed interim Administrative Director of the West Virginia courts. Yesterday, the state supreme court gave him the job permanently.
Continue reading “Former West Virginia judge appointed state court administrator after bizarre election campaign”