Leadership and Decision Making

Models In the Judiciary

William E. RafteryKIS Analyst

Williamsburg, VA

Overview

• Introduction• Leadership of what?• Leadership how?• Real life examples

Leadership of what?

• Of runners and bears• Define the scope• Sphere of authority vs.

sphere of acceptance vs. sphere of acquiescence

Leadership of what?

• Courts– particular facility or

organizational unit inside branch

• Judicial systems– focus on the component

parts outside branch• Judiciaries

– focus on the activity of justice as a whole

Leadership of what?

• Example: Chief Justice of a state– court leader– judicial leader– leader of a judiciary

• A clerk of court/trial court administrator

Leadership of what?

• Formal vs. informal

• Weber: legal/rational vs. culture vs. charismatic

• Icebergs

Leadership of what?

• Judiciaries as Loosely Coupled Organizations

• Individuals and groups retain a high level of individual autonomy– Governance: The Final

Frontier (McQueen)– Herding Lions (Mundell and

Jefferson)

Leadership of what?

• Principles Of Judicial Administration (Willoughby, 1929)– Prevention– Enforcement– Judicial Organization– Judicial Personnel– Procedure– Legal Aid

Leadership of what?

• Trial Courts as Organizations (B. Ostrom, C. Ostrom, Hanson and Kleiman)

• Culture• Solidarity & Sociability

Leadership how?

• Collegial• Consultative• Cooperative• Command• Collaborative• Charismatic• Creative

Leadership how?

• Collegial– Governing by Committee– Consensus, not Majorities– Working Groups– Conferences/Councils

Leadership how?

• Consultative– Mill: “in the multitude of

counselors there is wisdom”– Advisors to the king– Limiting of alternatives– Where the advisors are the

implementers

Leadership how?

• Cooperative– Majority rules, minority goes

along– Best-for-the-most

Leadership how?

• Command– Mill: “Responsibility is null,

when no one knows who is responsible.”

– Not necessarily negative– Single voice, definitive

Leadership how?

• Collaborative– “Good offices”– Gatherings

Leadership how?

• Charismatic– Vision of the individual– Weber: “supernatural,

superhuman”– Person/personality

Leadership how?

• Creative– Brain trusts/”organizing

genius”– Creates new options (vs.

limiting old ones)

Real life examples

• States/localities• Legislation (Gavel to

Gavel)• Explore forms

Court Security State #1

• HB 1015 & SB 155: $2 fee for court security

• House: give money to Supreme Court Committee on Court Security

• Senate: give money to County Commission

Court Security State #1

• Formal: Judiciary vs. judicial vs. court?

• Informal: What method of leadership?

Court Security State #2

• The sheriff shall have charge of the courthouse…He shall preserve the said courthouse…from trespasses and intruders

Court Security State #2

• Formal: Judicial (sheriff is not part of court)

• Formal: Command

• Informal: leadership methods?

Court Security State #3

• The sheriff shall develop and implement a comprehensive plan for the security of the county courthouse and any courthouse annex…The chief judge may make modifications to the original or any subsequent security plan.

Court Security State #3

• Formal: Judicial (sheriff and court)

• Formal: Sheriff is advisory

• Informal: leadership methods?

Court Security State #4

• Law: court security committee in every county: prosecutor, clerk, judge, sheriff, county exec

• Law: State judicial conference sets minimum standards