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In This Issue COURT MANAGER IN THIS ISSUE The Integration of Judicial Independence and Judicial Administration NACM Midyear Conference Keynote Presentations Showcase Workshop Summaries The Changing Face of Justice in a New Century Exhibitors and Sponsors A PUBLICATION OF THE NATIONAL ASSOCIATION FOR COURT MANAGEMENT THE COURT MANAGER VOLUME 24 ISSUE 2 1 Volume 24 Number 2 Summer 2009 contents p. 6 p. 16 p. 19 p. 30 features DEPArtMENTS 3 President’s Message 5 The Integration of Judicial Independence and 4 Editor’s Notes Judicial Administration: The Role of Collegiality 32 Washington Review in Court Governance 34 Jury News By R. Dale Lefever 38 A Question of Ethics 42 Technology FACTs 13 NACM Midyear Conference 44 NACM New Members 47 Sustaining Members 14 Keynote Presentations 48 NACM Board of Directors 48 Membership Information 16 Showcase Workshop Summaries 25 The Changing Face of Justice in a New Century: EDITOR ANDRA MOTYKA The Challenges It Poses to State Courts and Superior Court Administrator, Pierce County Superior Court 930 Tacoma Avenue S., Room 334, Tacoma, WA 98402 Court Management (253) 798-3963, Fax: (253) 798-7214, [email protected] By Chief Justice John T. Broderick Jr. MANAGING EDITOR LORIE J. GÓMEZ Publications Manager, National Center for State Courts 300 Newport Ave., Williamsburg, VA 23185 31 Exhibitors and Sponsors (757) 259-1532, Fax: (757) 564-2114, [email protected] A PUBLICATION OF THE NATIONAL ASSOCIATION FOR COURT MANAGEMENT Court Manager Volume 24 Number 2 Summer 2009 ©2009, National Association for Court Management; printed in the United States. Court Manager is published quarterly by the National Association for Court Management. Opinions expressed and procedures explained in the articles are not necessarily those of NACM or of the National Center for State Courts. Publication of advertising in the Court Manager does not imply NACM or NCSC endorsement or approval of the product or service. The association encourages submission of material that will interest or benefit its members. Address correspondence to either the editor or the managing editor; inquiries about advertising should be directed ® to the managing editor. All rights are reserved to reject, condense, or edit any article or advertisement submitted for publication. 2 www.nacmnet.org President’s Message MARCUS W. REINKENSMEYER “Judicial independence will be guaranteed less by mandate than by enhancing court managerial credibility to the point where the other branches will accord a wide latitude to courts in financial and budgetary management.” Robert W. Tobin and Kenneth G. Pankey Jr., Managing Budget Cutbacks, NCSC, March 1994 Observers of the current recession describe the situation streamline case processing and litigant support, e.g., online as a global economic meltdown, a calamitous financial court services, e-filing, and video technologies, including collapse and the “perfect storm.” Unquestionably, the deep remote interpreting. These efforts to “reinvent” the court can global recession is placing massive pressure on government save money, while also improving customer service. Other functions at all levels, including the delivery of critical judicial jurisdictions, most notably California, are taking advantage of branch services. Although some economists point to early lower construction costs to build much-needed courthouses signs of economic recovery, most state and local governments and to launch other “shovel ready” capital projects. are faced with long-term structural deficits and no clear timetable for stabilization. In fact, in the aftermath of double Guidance on budget strategies is provided in NACM’s Core digit budget cuts, many court jurisdictions now face another Competency guidelines, specifically in “Resources, Budget round of staff layoffs, unpaid furlough days, court closures, and Finance” on the association’s Web site, http://www. and permanent downsizing of programs. nacmnet.org/CCCG/cccg_7_corecompetency_resources.html. Timely information regarding the fiscal crisis and current Serving as our NACM liaison, I am privileged to meet court budget planning is available on the National Center for and discuss the budget crisis with representatives of the State Courts’ Budget Resource Web Site, http://ncsconline. Conference of Chief Justices, the Conference of State Court org/wc/budget/home.asp and in the center’s new publication, Administrators, the American Judges Association, the National State Courts and the Economy, http://www.ncsconline.org/ Center for State Courts, other professional associations and Newsletters/economy/index.asp. court managers from some of the hardest hit states, e.g., Arizona, California, Iowa, Nevada, Michigan, Oregon and American University has invited NACM to contribute to a others. In these exchanges, I am truly impressed by the depth briefing paper/resource guide on “Dealing with the Current of strategic thinking and the long-range view espoused by Court Fiscal Crisis,” a project being undertaken by the Bureau our leadership judges and court managers. Central to the of Justice Assistance Criminal Courts Technical Assistance discussion is a strong focus on the mission of courts (e.g., Project. My sincere thanks to Preeti Menon and Kim Norris at the “Purposes of Court”), preservation of core judicial branch BJA for supporting this effort; to Caroline Cooper of American functions, and public access to court services. University, for taking the initiative to create this paper on an expedited basis; and to Dan Hall (National Center for State Proven budget balancing measures include revenue Courts) and Professors Ernie Friesen and Carl Baar for their enhancement (e.g., new user fees and collection of extensive work and valuable insights in preparing this timely outstanding court-ordered financial obligations), exempting paper. We hope to have the paper available at the NACM mandated expenditures from the base budget (e.g., salaries 2009 annual conference in Boston, Massachusetts, of judges), prioritization of critical core functions, hiring and July 7 – 11, 2009. promotion freezes, elimination of overtime pay, reduction of travel, education, and expenses, outsourcing of labor-intensive Collectively, these resources can be a great help to court non-core functions, unpaid furlough days, early retirement managers, both in their local planning efforts and in educating incentive programs, and reductions in force. funding bodies and system stakeholders on the critically important role of the court in our society. With all of this Given the depth and duration of the recession, many information in hand, I still find that some of my best budget courts are going beyond these traditional approaches, solutions come from informal discussions with judges, clerks now embarking on extensive process re-engineering and of court, and administrators. Active NACM participation fundamental restructuring of court operations. Ideas that were helps to foster a deep network of gifted court professionals once considered politically unfeasible are now being fully with varying viewpoints, with colleagues who are “always considered, with the understanding that this is an opportune there when you need them.” I am encouraged by all of you time to make long overdue organizational changes. Some who lend words of support and priceless advice, and by your transformational initiatives involve broad reallocation of staff unwavering leadership during this time of fiscal uncertainty. and other resources, while others leverage technology to THE COURT MANAGER VOLUME 24 ISSUE 2 3 Editor’s Notes ANDRA MOTYKA “High achievement always takes place in the framework of high expectation.” Charles Kettering, Engineer This issue’s lead article addresses a topic that never seems to in tradition and precedent, so it was refreshing to hear a court grow old — “dynamic tension between judicial officers and leader talking about the need for change in order to stay those responsible for the administration of the court over relevant in today’s world. His speech is printed for what judicial independence can and should mean as it relates your reflection. to the effective and efficient administration of justice.” From As you’ve grown to expect, Washington Review and Jury my experience, I believe this tension is more likely to develop News both provide very practical information for our use. as a court reaches a certain size and/or there is a turnover of A Question of Ethics has added a new member to its ranks judges. Dr. Lefever describes three self-governance models. His — Frank Maiocco, superior court administrator in Kitsap opinion is that the model based on collegiality has the greatest County, Washington. You may recall the name; Frank has been potential, and he suggests specific steps courts can take on a NACM board member and has responded to various ethics the road to collegiality. Will it be an easy trip? I suspect, like questions over the years. I’m sure you’ll respond when Frank most trips, you may encounter a detour or bump in the road, reaches out for your input. Chris Crawford explains FACT’s but in the end the destination will be worth the effort and the status regarding procurement reform. There will be more to miles traveled. come on this topic at the annual conference in Boston. The midyear conference in Portland, Oregon, took us back Say “Boston” and what comes to mind? Tea Party, outstanding to the basics: Purposes and Responsibilities of Courts. The 4th of July celebration, World Series Champion Red Sox, session reports give you a taste
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