NCJ Number
66685
Journal
Justice System Journal Volume: 5 Issue: 2 Dated: (WINTER 1979) Pages: 170-186
Date Published
1979
Length
17 pages
Annotation
INDIVIDUAL MOTIVATIONS AND GOALS MUST BE CONSIDERED WHEN ATTEMPTING TO UNDERSTAND THE NATURE OF JUDICIAL PROCESSES, INCLUDING THE PACE OF CIVIL LITIGATION.
Abstract
PREVIOUS LITERATURE WHICH FOCUSED ON STRUCTURAL VARIABLES AS THE CAUSE OF COURT DELAYS DID NOT SUPPLY ADEQUATE EXPLANATIONS FOR DISPATCH AND DELAY. A SEARCH OF THE MOST RECENT DATA-ORIENTED WORK ON EXPLAINING THE PACE OF CIVIL LITIGATION REVEALS AN EMPHASIS ON INDIVIDUAL MOTIVATIONS AND GOALS. TO PLACE GOALS AND MOTIVATIONS IN A CONTEXT OF ORGANIZED GROUPS, A ROLE THEORETICAL APPROACH CAN BE USED. ROLE THEORY CONTEMPLATES SOCIAL SYSTEMS COMPOSED OF INTERDEPENDENT POSITIONS, WITH DIFFERENT FUNCTIONS ATTACHING TO DIFFERENT POSITIONS. A ROLE PERSPECTIVE HAS BEEN SUPPORTED BY THE INFORMAL LITERATURE, HAS LED TO POSITIVE RESULTS, AND HAS THE ADVANTAGE OF INDICATING A RELATIONSHIP BETWEEN JUDICIAL ROLE EMPHASES AND THE STRUCTURINGS IN THE ROLES TAKEN BY OTHER INCUMBENTS IN COURT SYSTEM POSITIONS. A STUDY OF THREE STATE TRIAL COURTS OF GENERAL JURISDICTION LOCATED IN MAJOR METROPOLITAN AREAS ILLUSTRATES THE ROLE THEORY APPROACH. IT INDICATES THAT JUDGES MAY BE AIDED IN IMPROVING THE PACE OF LITIGATION WITH THE ASSISTANCE OF A COURT ADMINISTRATOR. THIS POSITION WOULD BE LIKELY TO INCREASE THE PROBABILITY THAT JUDGES WOULD REMEMBER THEIR ADMINISTRATIVE FUNCTIONS. LAWYERS MUST BE TAKEN INTO ACCOUNT AS WELL, WITH REGARD TO THEIR EXPECTATIONS OF JUDICIAL BEHAVIOR. REFERENCES AND FIVE TABLES ARE INCLUDED. (MHP)