CHAPTER SEVEN
Court Organization and Operation
Courts and camps are the only place to learn the world in.
—EARL OF CHESTERFIELD
LEARNING OBJECTIVES
At the conclusion of this chapter, the student will:





be familiar with the ramifications of the adversarial
system
know the importance of citizen groups in the
courtroom
understand the organization and administration
of our dual (federal and state) court systems
comprehend the roles and functions of the
Judicial Conference of the United States and
the Administrative Office of the U.S. Courts
be able to explain the kinds of jurisdiction that
courts possess
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LEARNING OBJECTIVES
(cont.)
At the conclusion of this chapter, the student will:





be familiar with state courts and trial courts of
general and limited jurisdictions
know the four components of court unification, how
a unified court is organized, and the functional and
financial advantages of court unification
understand the importance of court decor and
decorum
understand why the courts' caseloads have
increased
understand the influence of courts on policymaking
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Inside the Courts
Decor, Decorum, Citizens - Hallowed Places




Practically everything one sees & hears in an
American courtroom is intended to convey that
the courtroom is a hallowed place in our society.
Scarcely any political question arises in the US
not resolved, sooner or later, into a judicial question.
The physical décor one finds in the courts convey
this sense of importance.
Courtroom design also provides a safe, functional
space conducive to efficient/effective proceedings.

the arrangement reflects society’s view of appropriate
relationships between defendant & judicial authority
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Inside the Courts
Decor, Decorum, Citizens - Hallowed Places

A formal level of decorum is accorded this
institution.




all people must rise when the judge enters
permission must be granted to approach the bench
a general attitude of deference is granted the judge
A vitriolic utterance that could lawfully be directed
to the president of the United States could result
in an individual being jailed for contempt of court.

when directed to a judge
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Inside the Courts
Justice in the Eye of the Beholder

Whether or not justice is obtained in the courtrooms
depends on the interests or viewpoints of the
affected or interested parties.




a victim may not agree with a jury’s verdict;
a civil case winnner may not believe that he/she
received an adequate sum for suffering or damages
Because the definition of justice is not always
agreed on, the courts must appear to provide justice.
Many people today are put off by accounts of what
they perceive as coddling of offenders and ravages
of the “law’s delay”.
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Inside the Courts
Seeking Truth in an Adversarial Atmosphere


Emerson stated “every violation of truth . . . is a stab
at the health of human society.”
Most people would agree the traditional, primary
purpose of the courts is to provide a forum for
seeking and obtaining the truth.


US Supreme Court declared in 1966 in that “the
basic purpose of a trial is the determination of truth”
Many Americans have the impression that truth is
being compromised and even violated with regularity
in apparatus of our justice system.

and an impediment is the adversarial system itself
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Inside the Courts
A Dual Court System



It is important to know that this country has a dual
court system.
One national federal court system.
50 state courts system.

plus the system of the District of Columbia
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Federal Court Organization/Administration
The Supreme Court: Jurists, Traditions, & Work

Judges And Advocacy - the US Supreme Court is
the highest & one of the oldest courts in the nation.




nine justices: 1 chief justice & 8 associate justices
All who wish to advocate must first secure admission
to the Supreme Court bar.
Applicants must have been admitted to practice in
the highest court of their state for 3 years and file a
certificate attesting the applicant is in good standing.
Applicants must swear or affirm to act “uprightly and
according to law, and . . . support the Constitution of
the US.”
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Federal Court Organization/Administration
The Supreme Court: Jurists, Traditions, & Work



Inside The Court: Revered Traditions And
Practices - on the architrave above the portico of
the Supreme Court Building are inscribed the words
“Equal Justice Under Law.”
Justice Robert Jackson once described the Court’s
uniqueness: “We are not final because we are
infallible, but we are infallible because we are final.”
In many respects, the Court is the same institution
that first met in 1790.
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Federal Court Organization/Administration
The Supreme Court: Jurists, Traditions, & Work

Caseload & Conferences - the Court does not
meet continuously in formal sessions during its term.





sessions are divided into 4 separate, related activities
Time is allocated to reading through the petitions for
review of cases that come annually to the Court.
Second, the Court allocates time for oral arguments
The third allotment is for private discussions of how
each justice will vote on cases they have just heard.
A fourth block of time is for work on writing opinions.
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Federal Court Organization/Administration
The Supreme Court: Jurists, Traditions, & Work

The Court has complete discretion to control the
nature and number of the cases it reviews.


The Court hears only a tiny fraction of the thousands
of cases it is petitioned to consider.


by means of the writ (order) of certiorari
when it declines to hear a case, the decision of the
lower court stands as the final word on the case
Adding to the Court’s workload is a steady growth in
legislation requiring judicial interpretation.

and an increasing number of constitutional & other
issues that can be reviewed in the federal courts
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Federal Court Organization/Administration
US Courts of Appeals




The courts of appeals are the intermediate courts
of appeals for the federal court system.
A court of appeals hears appeals from the district
courts located within its circuit, as well as appeals
from decisions of federal administrative agencies.
The courts are staffed by 179 judges nominated
by the president and confirmed by the Senate.
As with the Supreme Court, the caseload of the
courts of appeals has grown as well; in 2001 there
were 57,464 cases filed; by 2006 that number had
risen to 70,375—a 23 percent increase.
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Federal Court Organization/Administration
US District Courts

Congress created 94 US district courts, of which 89
are located within the 50 states.


As with the other federal courts, the president
nominates district judges, who must be confirmed.



at least one district court in each state; some states
have more, such as California, New York, & Texas
they serve for life unless removed for cause
US district courts are courts of original jurisdiction
for all major violations of federal criminal law.
District Criminal cases filed increased from 62,957
in 2002 to 68,090 in 2006, or about 8 percent.
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Federal Court Organization/Administration
US Courts of Appeal & US District Court Circuits
Figure 7.1 Geographic boundaries of US Courts of
Appeals and US District Courts. Source: US Courts
of Appeals and US District Courts
www.uscourts. gov/images/circuitmap.pdf.
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Federal Court Organization/Administration
Judicial Conference of the US



The administrative policymaking organization of the
federal judicial system.
Membership consists of the chief justice, the chief
judges of each of the courts of appeals, one district
judge from each circuit, and the chief judge of the
Court of International Trade.
Meets semiannually for 2-day sessions.


most of the work is done by about 25 committees
The Judicial Conference directs the Administrative
Office of the US Courts and plays a major role in
impeachment of federal judges.
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Federal Court Organization/Administration
Administrative Office of the US Courts



Since 1939, the day-to-day administrative tasks of
the federal courts have been handled by the
Administrative Office of the US Courts (AO), a
judicial agency.
The director of the AO is appointed by the chief
justice of the Supreme Court and reports to the
Judicial Conference.
The AO is also the housekeeping agency of the
judiciary, responsible for allotting authorized funds
and supervising expenditures.
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State Courts
Last Resort

Courts of last resort are usually referred to as
state supreme courts.


These courts do not use panels in making decisions.



specific names differ from state to state, as do the
number of judges from five to as many as nine
the entire court sits to decide each case
All have a limited amount of original jurisdiction in
such matters as disciplining lawyers and judges.
In those 11 states without an intermediate court of
appeals, the state supreme court has no power to
choose which cases will be placed on its docket.
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State Courts
Last Resort

The ability of most state supreme courts to choose
cases makes them important policymaking bodies.


Nowhere is the policymaking role more apparent
than in deciding death penalty cases.


state supreme courts handle 100 or so cases that
present the most challenging legal issues in the state
which in most states are automatically appealed to
the state’s highest court, bypassing the intermediate
courts of appeals
State supreme courts are the ultimate review board
for matters involving interpretation of state law.
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State Courts
Appellate


Like federal counterparts, state courts have
experienced growth in appellate cases that
threatens to overwhelm the state supreme court.
To alleviate caseload burden, officials in 39 states
created intermediate courts of appeals (ICAs).


ICAs must hear all properly filed appeals
ICAs represent the final stage of the process for
most litigants.

very few cases make it to appellate court, and of
those cases, only a small portion will be heard by
the state’s court of last resort
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State Courts
Unified Court Systems

Historically, state court reform has centered on
implementing court unification.


since the 1900s, organization of US courts has
been a primary concern of reformers who believe
the multiplicity of courts is inefficient
A unified court system would shift judicial control
to centralized management.

the loose network of independent judges & courts
would be replaced by a hierarchy with authority
concentrated in the state capital
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State Courts
Unified Court Systems - Perceived Benefits




Simplified court structure - variations among
counties would be eliminated.
Centralized administration - the state supreme
court working with state/county court administrators.
Centralized rule making - the state supreme court
should have the power to adopt uniform rules that
would be followed by all courts in the state.
Centralized budgeting - a single budget would be
prepared for the state judiciary & sent to legislature.
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
Two systems—one unified on a statewide basis &
one not—demonstrate unification in action.
 the states of Illinois and New York
Figure 7.4 Illinois and New York
court structures. Source: Bureau
of Justice Statistics, State Court
Organization, October 2007, p.5
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Trial Courts
General Jurisdiction: Major Trial Courts


There are an estimated 2,000 major trial courts in
the 50 states and DC, staffed by over 11,000 judges.
General jurisdiction means these courts have the
legal authority to decide all matters not specifically
delegated to lower courts.



common names are district, circuit & superior courts
The great majority of the nation’s judicial business
occurs at the state, not the federal, level.
As most criminal cases do not go to trial, the
dominant issue in courts of general jurisdiction is
what penalty to apply to the guilty.
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Trial Courts
General Jurisdiction: Major Trial Courts

Note the variety of functions and programs that exist
in addition to the basic court role of hearing trials
and rendering dispositions.
Figure 7.5 Organizational
structure of a district court
serving a population of
300,000 (MIS = Management
Information Systems).
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Trial Courts
Limited Jurisdiction: Lower Courts

At the lowest level trial courts of limited jurisdiction,
also known as inferior courts or lower courts, which
decide a restricted range of cases.





district, justice, justice of the peace, city, magistrate,
or municipal courts
85 percent of all judicial bodies in the US
created/maintained by city/county governments
not part of the state judiciary.
The caseload can be divided into felony criminal
cases, nonfelony criminal cases, and civil cases.
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The Influence of Courts in Policymaking




The judicial branch has the responsibility to
determine legislative intent of the law and provide
public forums—the courts—for resolving disputes.
Determining what the law says and providing a
public forum involve the courts in policymaking.
Policymaking can be defined as choosing among
alternative choices of action, particularly in the
allocation of limited resources “where the chosen
action affects the behavior and well-being of others
who are subject to the policymaker’s authority.”
The policy decisions of the courts affect virtually
all of us in our daily lives.
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The Influence of Courts in Policymaking


Because many of the Constitution’s limitations on
government are couched in vague language, the
judicial branch must eventually deal with potentially
volatile social issues.
It may appear that the courts are too broad in their
review of issues.


it should be remembered judges “cannot impose their
views… until someone brings a case to court”
Decisions of the courts can be overturned by
legislative action.

the judicial branch depends on a perception of
legitimacy surrounding its decisions
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CHAPTER EIGHT
Court Personnel Roles and Functions
Four things belong to a Judge:
To hear courteously, To answer wisely,
To consider soberly, and To decide impartially.
—SOCRATES
LEARNING OBJECTIVES
At the conclusion of this chapter, the student will:




be able to define and understand judicial
administration and court administration
understand the methods of judicial selection:
partisan elections, nonpartisan elections, merit
selection, and appointment
understand how civility is maintained in the
courtroom, the meaning of good judging, and a new
model code of conduct for state and local judges
know the benefits and problems encountered by
judges, including the problems faced by newly
appointed judges
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LEARNING OBJECTIVES
(cont.)
At the conclusion of this chapter, the student will:





be familiar with the duties of judges who serve as
court managers
know the importance of court clerks
understand the six major duties of court
administrators
know the five strategies that judges follow in
determining the quality of administrators' work
understand the components of jury administration,
including special considerations during notorious
cases
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Defining Judicial Administration

The purpose of judicial independence is to mitigate
arbitrariness in judging. But what is the purpose of
judicial administration?



more difficult to define
Consequently, as Russell Wheeler noted, “many
court administrators today find themselves …not
knowing for certain what their purpose is.”
Most works Roscoe Pound as the founder of the
study of judicial administration because of his 1906
essay “The Causes of Popular Dissatisfaction with
Administration of Justice.”
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Defining Judicial Administration

Just as much a founding document is a major essay
by Woodrow Wilson, entitled “The Study of
Administration.”



stressed administration as a noble calling, not one
for which every person was competent
Courts have not always regarded administration
as noble, but have always defended the distinction
Wilson drew between policy & administration.
Difficulty defining judicial administration became
obvious during the 1970s.

when it nevertheless became an attractive vocation
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Defining Judicial Administration


One law professor who conducted a great deal of
research in the field believed in 1987 the safest
approach was “not… to attempt a definition” but
simply “to accept that it is a sub-branch of
administration—more precisely of public
administration.”
The term court administration might be conceived
loosely as specific activities of persons who are
organizationally responsible for manipulating various
judicial administration directions and influences.

this will become clearer as the the relationship
between judge and court administrator is discussed
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The Jurists
Methods of Selection


Quality of justice Americans receive depends on
the quality of the judges who dispense it.
Many factors bear on the quality of judicial personnel.



salary, length of term, prestige, independence,
and personal satisfaction with the job
The most important factor considered by court
reformers is judicial selection.
A variety of methods are used to select judges:
partisan elections, nonpartisan elections, merit
selection, or appointment.

Figure 8.1 depicts patterns in methods of selection
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Figure 8.1 Initial selection of state judges (trial courts of general jurisdiction). Source: “Initial
Selection of State Judges (Trial Courts of General Jurisdiction)” from Judicial Selection in the
States: Appellate and General Jurisdiction Courts, January 2004, p. 4. Reprinted by permission of
the American Judicature Society.
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The Jurists
Methods of Selection



Three states use the executive appointment
method, whereby a vacancy is filled by the governor.
In some states, selection is by partisan elections.
In other states, judges are selected using
nonpartisan elections.


no party affiliations are listed on the ballot
Merit selection has been favored by court reformers
wanting to “remove the courts from politics!”


also known as the Missouri Bar Plan
34 states and DC use the merit system, & a
number of other states have considered it
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The Jurists
Methods of Selection



The question is often raised as to which method is
best for choosing judges.
Many experts—individuals and groups—strongly
believe that candidates for judgeships should not
have to run for election to that office.
Similarly, the American Judicature Society has
supported limiting the role of politics in the
selection of state judges.
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The Jurists
Judicial Benefits and Problems

Judges enjoy several benefits of office, including
life terms for federal positions and in some states.



the bench can be the capstone of a legal career
Judges certainly warrant a high degree of respect
and prestige as well; from arrest to final disposition,
the accused face judges at every juncture.
Although judges run the court, if they deviate from
the consensus of the courtroom work group, they
may be sanctioned.
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The Jurists
Judicial Benefits and Problems

Judges who are new to the bench commonly face
three general problems:



Mastering the breadth of law they must know & apply.
Administering the court and the docket while
supervising court staff.
Coping with the psychological discomfort that
accompanies the new position.
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Judges and Courtroom Civility
“Good Judging”


Judges should treat each case & all parties before
them with absolute impartiality and dignity while
providing leadership as steward of the organization.
Judges should remember that the robe does not
confer omniscience or omnipotence.


as one trial attorney put it, “Your name is now ‘Your
Honor,’ but you are still the same person you used
to be, warts and all.”
Judges must also enforce courtroom civility.

judges need to attempt to prevent vitriol and
discipline offenders when it occurs
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Judges and Courtroom Civility
Types of Judicial Misconduct

Sometimes medications affect a judge’s cognitive
process or temperament, causing him/her to treat
parties, witnesses, jurors, lawyers, and staff poorly.



Many judges will be reluctant to acknowledge that
they have problems such as those described above.


some stay on the bench too long;
sometimes judicial arrogance is the problem.
the chief judge may scold or correct a subordinate
It may be imperative to do so in trying to maintain
good relations with bar associations, individual
lawyers, and the public.
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Judges as Court Managers

In the states, judges assume three types of
administrative roles:




statewide jurisdiction for state supreme court chief
justices
local jurisdiction—a trial judge is responsible for
administering operations of his or her individual court
presiding or chief judge—supervising several courts
within a judicial district
A basic flaw in this system is the chief or presiding
judge is a “first among equals” with his or her peers.

often assigned by seniority; thus no guarantee exists
chief judge will be interested/effective in management
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Court Clerks
Key Individuals

Not to be overlooked in the administration of the
courts is the court clerk.



prothonotary, registrar of deeds, circuit clerk,
registrar of probate, and even auditor
From the beginning of English settlement in North
America, court clerks were vital members of society.
“Clerks of writs” or “clerks of the assize” existed in
early Massachusetts, where people were litigious.
Hostility toward lawyers carried over from England.

the clerk was the intermediary between litigants
and the justice of the peace
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Court Clerks
The Forgotten Majority: Clerks in Rural Courts
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Nearly four-fifths of US courts exist in rural counties.
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Urban courts pay high salaries to obtain specially
trained and educated administrators.
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A rural court is any trial court of general jurisdiction
having fewer than two full-time judges authorized
rural clerks often have less training & receive
lower salaries
Other duties of rural clerks include maintaining
records of land grants of town ancestors, as well
as records of births, deaths, marriages, and
divorces in the community.
Justice Administration: Police, Courts, and Corrections Management, 6/e
Kenneth J. Peak
45
© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Trained Court Administrators
Development and Training
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A recent and innovative approaches to solving the
courts’ management problems has been the creation
of the position of court administrator.
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began to develop in earnest during the 1960s
The concept has its roots in early England, where,
historically, judges abstained from any involvement
in court administration.
By the 1980s every state had a statewide court
administrator, normally reporting to the state
supreme court or the chief justice of the state
supreme court.
Justice Administration: Police, Courts, and Corrections Management, 6/e
Kenneth J. Peak
46
© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Trained Court Administrators
Development and Training

Three primary functions of state court administrators
are preparing annual reports summarizing caseload
data, preparing budgets, and troubleshooting.
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few, if any, metropolitan areas are without full-time
court administrators
Court administrators are trained specifically to
provide the courts with the expertise and talent
they have historically lacked.
Management—like law—is a profession today.
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if court administration is to be effective, judicial
recognition of managerial skill is necessary
Justice Administration: Police, Courts, and Corrections Management, 6/e
Kenneth J. Peak
47
© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Trained Court Administrators
6 Major General Duties
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Reports - preparation/submission of periodic reports
on activities and state of business of the court.
Personnel administration - serve as personnel
officers for the court’s nonjudicial personnel.
Research and evaluation - designed to improve
court business methods.
Equipment management - procurement, allocation,
inventory control, and replacement.
Preparation of the court budget.
Training coordination - Court administrators
provide training for nonjudicial personnel.
Justice Administration: Police, Courts, and Corrections Management, 6/e
Kenneth J. Peak
48
© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
How Judges Evaluate Administrators
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The judge looks for indications of good
management.
The judge should be getting regular
information.
Judges should be watching carefully.
Judges must often ask others about the
performance of the administrator.
Justice Administration: Police, Courts, and Corrections Management, 6/e
Kenneth J. Peak
49
© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Jury Administration
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Elements of the jury system that involve court
administration include jury selection, sequestration,
comfort, and notorious cases.
The administrator is responsible for compilation of
a master jury list, from which a randomly selected
smaller venire (or jury pool) is drawn.
Many jurors experience great frustration in the
process, being made to wait long hours, generally
being inconvenienced.
Some trials involving extensive media coverage
require jury sequestration—jurors remain in virtual
quarantine, and are compelled to live in a hotel.
Justice Administration: Police, Courts, and Corrections Management, 6/e
Kenneth J. Peak
50
© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Jury Administration
Notorious Cases
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The existence of notorious cases—those involving
celebrities or particularly egregious crimes—has
always caused problems in, courtrooms.
Court administrators & staff members must deal with
media; courtroom/courthouse logistics for crowds
and security; and management of the court’s docket.
A notorious trial may also require a larger courtroom
be used, & many attorneys accommodated.
A number of other issues must be considered.
Justice Administration: Police, Courts, and Corrections Management, 6/e
Kenneth J. Peak
51
© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.