+ US JUDICIAL EMPLOYEES Professor Delaine R. Swenson.
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Transcript of + US JUDICIAL EMPLOYEES Professor Delaine R. Swenson.
+
US JUDICIAL EMPLOYEES
Professor Delaine R. Swenson
+UNITED STATES: 53 Court Systems 50 States; Federal; DC, P.R.
+US Court System
+FEDERAL COURTS
+US FEDERAL CIRCUIT COURTS
+US JUDICIARY
Fully Independent Branch of Government.
Funds subject to the political process.
Administration in the hands of the judiciary independent from other branches of government.
This includes all hiring and firing decisions involving court personnel.
Judiciary zealously guards its independence. Example: WSBA Unionization.
+US JUDGES BY JURISDICTION
JUDGES FEDERAL STATE
Total: 1,757 30,482
Appellate: 188 1,216
Trial:
-General Jurisdiction-Limited Jurisdiction
689
880
11,323
17,943
+US CASES BY JURISDICTION
CASES FEDERAL STATE
Appelate 57,000 276,400
Trial: Criminal 67,000 4,800,000
Trial:
-Civil-Bankruptcy- Limited Jurisdiction
275,0001,548,000
15,300,000
62,400.000
+US JUDICIAL EMPLOYEE CATAGORIES
JUDICIAL EMPLOYEES
PROFESSIONAL EMPLOYEES (LEGAL)
ADMINISTRATIVE
+CATEGORY 1: JUDICIAL
APPLIES TO EMPLOYEES WHO CARRY OUT SOME SORT OF QUASI-JUDICIAL FUNCTION SIMILAR TO JUDGES.
INCLUDES MAGISTRATES, PARA-JUDGES AND COURT COMMISSIONERS.
OFTEN DEAL WITH PRELIMINARY MATTERS IN CIVIL AND CRIMINAL CASES PRIOR TO TRIAL
+CATEGORY 2: PROFESSIONAL (LEGAL)
REFERS TO LAWYERS OR OTHERS REQUIRING A SPECIALIZED EDUCATION
STAFF ATTORNEYS
LAW CLERKS
+CATEGORY 3: ADMINISTRATIVE
OFTEN KNOWN AS CLERKS OF THE COURT
OVERSEE ALL ADMINISTRATIVE ACTIONS THAT SUPPORT THE WORK OF THE JUDGES AND THE OPERATIONS OF THE COURT SYSTEM.
SOME SPECIALIZED POSITIONS (I.E. I.T., PERSONNEL MANAGEMENT, PUBLIC RELATIONS, ETC.)
+JUDICIAL EMPLOYEE UNION RIGHTS
FEDERAL AND STATE LAW GIVE JUDICIAL EMPLOYEES THE RIGHT TO JOIN UNIONS AND ENTER INTO COLLECTIVE BARGAINING AGREEMENTS.
MANAGEMENT, SUPERVISORY OR CONFIDENTIAL EMPLOYEES DO NOT HAVE COLLECTIVE BARGAINING RIGHTS
DUE TO THE UNIQUE PLACE OF THE COURT SYSTEM IN SOCIETY THERE ARE SOME LIMITATONS EMPLOYEES MUST FACE.
+ITEMS EXCLUDED FROM COLLECTIVE BARGAINING AGREEMENTS
(1) The merits and administration of the court system;
(2) Coordination, consolidation, and merger of courts and support staff;
(3) Automation, including, but not limited to, fax filing, electronic recording, and implementation of information systems;
(4) Design, construction, and location of court facilities;
(5) Delivery of court services;
(6) Hours of operation of the trial courts and trial court system.
+JUDICIAL EMPLOYEES CODE OF CONDUCT
SIMILAR TO JUDICIAL CODES OF CONDUCT
DESIGNED TO AVOID NOT ONLY ACTUAL CONFLICTS BUT ALSO THE “APPEARNCE OF CONFLICTS.
VIOLATION OF THE CODE CAN LEAD TO DISMISSAL.
CODES ARE USUALLY APPLIED VERY RIGIDLY.
+EXAMPLES OF CANONS USED IN ETHIC CODES FOR JUDICIAL EMPLOYEES
1: A Judicial Employee Should Uphold the Integrity and Independence of the Judiciary and of the Judicial Employee's Office;
2: A Judicial Employee Should Avoid Impropriety and the Appearance of Impropriety in All Activities;
3: A Judicial Employee Should Adhere to Appropriate Standards in Performing the Duties of the Office;
+EXAMPLES OF CANONS USED IN ETHIC CODES FOR JUDICIAL EMPLOYEES
4: In Engaging in Outside Activities, a Judicial Employee Should Avoid the Risk of Conflict with Official Duties, Should Avoid the Appearance of Impropriety, and Should Comply with Disclosure Requirements;
5: A Judicial Employee Should Refrain from Inappropriate Political Activity
+ISSUES:
ELECTION OF CHIEF COURT CLERKS
INDIVIDUAL JUDICIAL POWER TO HIRE COURT RECORDERS OR OTHER COURT STAFF VS. CENTRALIZED HIRING
INCLUSION IN BROADER GOVERNMENT EMPLOYEE PROGRAMS