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Local Control Over Court Consolidation - The Oregon Experience

NCJ Number
80667
Journal
Justice System Journal Volume: 6 Issue: 2 Dated: (Summer 1981) Pages: 218-239
Author(s)
C J Hosticka; K Murphy
Date Published
1981
Length
22 pages
Annotation
Reform of the lower courts has been the subject of considerable debate among those concerned with the administration of justice in the United States. A common reform calls for consolidation of the trial court structure. This paper focuses on two aspects of that debate: (1) the proper level for decision making on issues of court reform and (2) the relation of courts to other institutions in their environment.
Abstract
The issue of consolidation of municipal and state-level courts in one state (Oregon) is examined by examining financial data, as well as factors that local officials and court users consider when thinking about the court system. No compelling reason appears for mandated consolidation of municipal courts with the county-administered, partially state-funded courts with which, in Oregon, consolidation was possible. The appropriateness of consolidation seems rather to be dependent on local circumstances, with three factors being of greatest importance: (1) the degree to which a local community is concerned with vigorous enforcement of local ordinances - county-administered courts seem less concerned with these matters; (2) the relation of case volume to available resources - the ability of the municipality to provide sufficient resources to allow its court to devote adequate time to each case, and still avoid the build-up of a backlog; and (3) the general question of accountability and control by the local community. (Author abstract)