NCJ Number
85892
Journal
Judicature Volume: 66 Issue: 3 and 4 Dated: (September/October 1982) Pages: 122-135
Date Published
1982
Length
14 pages
Annotation
Although impact statements are an attractive goal and can be a useful tool in judicial planning, difficult questions regarding their adoption and implementation must be addressed as to actual preparation.
Abstract
Impact statements are supposed to help lawmakers estimate the new business that a law will generate for the courts, thus providing a true picture of the cost of new proposals. However, impact statements must not be viewed as a panacea for the court's problems. Impact statements have limitations in formulating policy and are difficult to develop. Ten factors should be considered before decisionmakers rely heavily on judicial impact statements. These factors include the statement's proper scope and purpose, the identity of its preparer, its appropriateness and possible inherent bias, its method of preparation, possible alternatives to impact statements, and whether the statement will focus attention unduly on the quantity rather than quality of adjudication. At their worst, impact statements may be prepared in a totally biased fashion for political purposes but are presented in the guise of scientific neutrality and objectivity. Thus far, limitations of judicial impact statements have been recognized to the extent that they have not become the primary factor in legislative decisionmaking. Forty-two footnotes are provided.