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Role of the Judge in the 1980s - What the Public Can Expect

NCJ Number
83812
Journal
Judges' Journal Volume: 20 Issue: 4 Dated: (Fall 1981) Pages: 10-15,52-54
Author(s)
R B Mckay
Date Published
1981
Length
9 pages
Annotation
The role of the judge should be more than that of arbiter between opposing cases; public interest is best served by judicial participation to achieve fair results and to advance effective court management.
Abstract
Although it is not reasonable to ask courts to solve problems of crime and other social ills, the public should expect certain qualities in its judges. These qualities include independence, neutrality, competence, prompt and reasoned answers to questions presented for decision, and decision in accord with known rules. The effective judge today must also be a manager who is aware of the demands and potentialities of modern judicial administration. Several recent developments emphasize the importance of courts and the significance of judges in contemporary society. The number of cases in American courts has increased dramatically; merit selection of judges is increasingly accepted as the appropriate model; recruitment of able candidates for the judiciary is a serious problem; and public expectations of what courts can reasonably do is unrealistically high. There are situations in which the judge can act affirmatively to improve the effectiveness of the judicial process. Individual calendaring of cases and setting early trial dates through judicial cooperation have proven effective in many jurisdictions. Issues which must be addressed and resolved include the efficacy of State court unification, increasing judicial positions to cope with mounting caseloads, and provision of continuing education programs for judges. Three footnotes and a bibliography are provided.

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