Rural Courts the Effect of Space and Distance on the Administration of Justice

Rural Courts The Effect of Space and Distance on the Administration of Justice

A publication of the National Center for State Courts 1660 Lincoln Street, Suite 200 Denver, Colorado 80203

Prepared by E. Keith Stott, Jr. Theodore J. Fetter Laura L. Crites

Publication No. ROO32 July 1977 11

Cover photo by John Eastcott (Amwest Picture Agency,Denver, Colorado).Text illustrations supplied by Amwest Picture Agency include photographs by Gunnar Braten (pp. vi, xvi), Svat Macha (pp. xiv, xviii, 8, 12,22,24,32,52,55,60,80), Robea Pitzer (p. 17), and Horst Schafer (p. xii). Other photographs were supplied by the National Clearinghouse for Criminal Justice Planning and Architecture (p. 40) and Elizabeth Scott Anderson (pp. x, 65, 68, 73, 75, 77).

This publication was supported by Grant 76-DF-08-007 awarded to the National Center for State Courts by the Law Enforcement Assistance Administration of the U.S. Department of Justice through the Governor’s Planning Committee on Criminal Adminis- tration of the State of Wyoming. Additional financial support was provided by The EdnaMcConnell Clark Foundation. Points of view or opinions stated in this document are. those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice, the Clark Foundation or the National Center for State Courts. ... 111

National Center for State Courts

The National Center for State Courts is a nonprofit organization dedicated to the modernization of court operations and the improvement of justice at the state and local level throughout the country. It functions as an extension of the state court systems, working for them at their direction and providing for them an effective voice in matters of national importance. In carrying out its purpose, the National Center acts as a focal point for state judicial reform, serves as a catalyst for setting and implementing standards of fair and expeditious judicial administration, and finds and disseminates answers to the problems of state judicial systems. In sum, the National Center provides the means for reinvesting in all states the profits gained from judicial dvances in any state.

BOARD OF DIRECTORS

Edward E. Pringle, Chief Justice, Supreme Court of Colorado, President C. William O’Neill, Chief Justice, Supreme Court of Ohio, Vice President Sylvia Bacon, Associate Judge, Superior Court, District of Columbia Roland J. Faricy, Judge, Ramsey County Municipal Court, St. Paul, Minnesota James A. Finch, Jr., Justice, Supreme Court of Missouri M. Michael Gordon, Judge, Municipal Court of Houston, Texas Robert H. Hall, Justice, Supreme Court of Georgia Lawrence W. I’ Anson, Chief Justice, Virginia Supreme Court E. Leo Milonas, Supervising Judge, Criminal Court of the City of New York William S. Richardson, Chief Justice, Supreme Court of Hawaii Joseph R. Weisberger, Presiding Justice, Superior Court of Rhode Island Robert A. Wenke, Judge, Superior Court, Los Angeles, California

Alice L. O’Donnell, Federal Judicial Center, Washington, D.C., Secretary- Treasurer William J. Conner, National Center for State Courts, Assistant Secretary- Treasurer John S. Clark, Esq.., Petoskey ,’ Michigan, Chairman, Advisory Council Lyman M. Tondel, Jr., Esq., New York, New York, Vice Chairman, Pdvisory Council Nathan S. Heffernan, Justice, Wisconsin Supreme Court, Chairman, Council of State Court Representatives iv

STAFF

Edward B. McConnell, Director, Denver, Colorado Arne L. Schoeller, Deputy Director, Washington, D.C. William J. Conner, Associate Director for Administration, Denver, Colorado Barry Mahoney, Associate Director for Programs, Denver, Colorado Alexander B. Aikman, Director, Mid-Atlantic Regional Office, Williamsburg, Virginia Charles D. Cole, Director, Southeastern Regional Office, Atlanta, Georgia Samuel D. Conti, Director, Northeastern Regional Office, Boston, Massachusetts Grant Davis, Director, South Central Regional Office, Norman, Oklahoma Francis L. Bremson, Director, North Central Regional Office, St. Paul, Minnesota Larry L. Sipes, Director, Western Regional Office, San Francisco, California V / Council of State Court Representatives

Alabama Louisii : Oregon C. C. Torben. Jr. Pascal F. Calogero. Jr. Loren D. Hick, Chief Justice. Supreme Coun Justice. Supreme Coun Stare Coun Administrator

Alaska Maine Pennsylvania Roger G. Connor Elizabeth D. Belshaw Samuel J. Robens Justice. Supreme Coun State Coun Administrator Jumce. Supreme Coun

Arizona Maryland Rhode Island Frank X. Cordon. Jr. William H. Adkins I1 Walter J. Kane Jurtice. Supreme Coun Slate Court Administratoi Coun Administrator

Arkansas Mwschwtts South Carolina C. R. Huie. ExecutiveSecretary Roben M. Bonin J. Woodrow Lewis Judicial Department. Supreme Chief Justice. Superior Court Chief Justice. Supreme Coun Coun Michigan South Dakota California John P Mayer Roger L. Wollman Lknald R. Wright A\\ociate Admlni~trdtor Justice. Supreme Coun Chief Justice (Ret.). Supreme Court Minnesota Colorado Laurence C. Harmon Tenncssee Harry 0. Lawson State Coun Administrator Paul R. Summers State Coun Administrator Executive Secretary, Supreme Mississippi Coun Connecticut R. P. Sugg John P. Cotter Jurtice. Supreme Coun Texas Justice. Supreme Coun Thomas M. Reavley Missouri Jutice, Supreme Coun Delaware J P Morean Daniel L. Herrmann Judge. Supreme Coun Utah Chief Justice. Supreme Coun Thornley K. Swan Montana Chief Judge, Utah Judicial District of Columbia Daniel 1. Shea Council Theodore R. Newman. Jr. Jutice. Supreme Coun Chief Judge. Coun of Appeals Vermont Nebraska Alben W. Barney. Jr. Florida Paul W. White Chlef Justice. Supreme Coun Anhur J. England. Jr Chief Ju4ce. Supreme Coun Ju\tice. Supreme Coun Virginia Nevada Albenis S. Harrison. Jr. Howard W. Babcock Georgia Juwce. Supreme Coun Judge. District Coun Julian Webb Judge. Coun of Appeal\ Washington New Hampshire Orris L. Hamilton John W. King Hawaii Justice. Supreme Coun Juilice. Superior Coun Tom T. Okuda. Director Administrative Service\ of the West Virginia New Jersey, District Courts Fred H. Captan Richard J. Hughes Chief Justice. Supreme Coun Chief Justice. Supreme Coun Idaho Charles R. Donaldson New Mexico Wisconsin Justice. Supreme Coun John B. McManur. Jr. Nathan S. Heffernan Chief Justice, Supreme Court Jmtice. Supreme Court Illinois New ork Joseph Goldenhersh Y Wyoming H. Richard J. Banlett Justice. Supreme Coun Rodney M. Guthrie State Administrative Judge Chief Justice. Supreme Coun Indiana North Carolina Richard M. Givan American Samoa Ben M. Montague. Director Chief Justice. Supreme Court K. Wiliiam O’Connor Administrative Office of the Chief Justice. High Coun couns Iowa Gum W. W. Reynoldson North Dakota Joquin C. Perez Justice. Supreme Court William L. Paulson Chief Judge (Ret.). Island Coun Justice. Supreme Coun Kansas David Prager Ohio Pberto Rim C. William O’Neill Justice. Supreme Coun Jose Trias Monge Chief Justice. Supreme Court Chief Justice. Supreme Coun

Kentucky Oklahoma virgin Islands James S. Chenault B. Don Barnes Eileen R. Petasen Judge. 25th Judicial District Justice. Supreme Coun Judge, Territorial Coun

E . Rural Prosecution and Defense ...... 102 F . Rural Legal Assistance ...... 103 G . Justices of the Peace-Nonlawyer Judges ...... 104 H . Court-Related Social Services ...... 106 I . Intergovernmental Relations ...... 107 J . Indian Courts and Legal Services ...... 107 K . The Courts in Four Great Plains States ...... 108

Tables and Figures

Tables

1 . Density of Urban and Rural Territory-1970 ...... 2 2 . Agricultural Employment-I97 1 ...... 2 3 . Changes in Rural Employment in the United States by Industry ...... 3 4 . Comparative Populations of Four States ...... 9 5 . Comparative County Populations of Four States ...... 10 6 . Judicial Districts or Circuits in Four States ...... 10 7 . Percentage of Time Attorney Present in Misdemeanor Courts ...... 20 8 . Judicial Apportionment Over Distance ...... 34 9 . Estimated Quality of Relations between Rural Courts and other Government Agencies ... 63 10 . Sources of Pressure for the Rapid Processing of Misdemeanor Cases ...... 63

Figures

1 . Distribution of Full- and Part-Time Prosecutors-1973 ...... 19 2 . Regional Approaches to Court Facilities ...... 43

Table of Contents

List of Tables and Figures ...... ix

Preface ...... xi

Introduction ...... xv

1 . The Rural Environment and Its Impact on Courts ...... The Changing Rural Environment ...... Courts in the Rural Environment ...... Smaller Volume of Cases ...... Lack of Resources ...... Space and Separation ......

2 . Operational Aspects of Courts in Rural Areas ...... 9

3 . Providing Quality Personnel ...... 13 Judges ...... 13 Court Administrators ...... 16 Clerks and Clerical Personnel ...... 16 Law Clerks ...... 18 Other Support Staff ...... 18 Prosecutors ...... 19 Defense Attorneys ...... 21

4 . Training Court Personnel ...... 25 Formal Continuing Education ...... 25 Regional Training Sessions ...... 26 Roving Trainers ...... 26 Recorded Training Sessions ...... 27 Developing Other Mechanisms for Information Transfer ...... 27 Bench Books and Manuals of Procedure ...... 28 Newsletters ...... 29 Associations ...... 30 Technical Assistance ...... 30 vii ... Vlll

5 . Overcoming the Problems of Distance ...... 33 Case Scheduling ...... 33 Paper Flow ...... 35 Jury Management ...... 37 Availability of Witnesses ...... 38 Court Reporting ...... 38 Applied Technology ...... 38

6 . Building Satisfactory Physical Resources ...... 41 Facilities ...... 41 Libraries ...... 49 Equipment ...... 51

7 . Delivering Effective Court-Related Social Services ...... 53 Juvenile Care ...... 54 Diversion Programs ...... 56 Victim Assistance ...... 58

8 . Maintaining Sound Intergovernmental Relations ...... 61 Relations with Criminal Justice Agencies ...... 62 Relations within the Court System ...... 62 Court Finance ...... 64 Citizen Involvement ...... 65

9 . Approaches to Improving Rural Courts ...... 69 Policy Considerations ...... 69 Conclusion ...... 76

Appendix: Background Papers and Conference Notes ...... 81 Introduction and Chronology ...... 81 First National Conference on Rural Justice ...... 82 Rural Criminal Justice: Issues and Answers ...... 82 Rural Law Enforcement: A Perspective on the Future ...... 83 Rural Courts Workshops ...... 84 Rural Society and its View of the Legal System ...... 87 List of Pertinent Organizations ...... 92

Index of Innovative Projects and Programs ...... 93

Selected Bibliography ...... 96 A . Urban-Rural Migration ...... 96 B . Problems and Development Programs in Rural Areas ...... 97 C . Crime and Law Enforcement in Rural Areas ...... 100 D . Managing Courts in Nonmetropolitan Areas ...... 101 Preface

The initial development of a project to study presented during the project. More than 100 rural courts began more than two years ago, people participated in the workshops, which following a 1974 conference on rural courts were held in Mandan, North Dakota and Bil- which increased the awareness of the problems lings, Montana, and in the rural courts seminar of administering justice in rural areas. After a conducted in Denver, Colorado. year of intermittent drafting, concept formula- In preparing for the workshops, much attention, staff meetings, and proposal preparation, tion was given to the needs and interests of the the National Center received a grant award from states involved. Workshop agendas were pre- the Law Enforcement Assistance Administration pared in consultation with state judicial leaders through the Wyoming Governor’s Planning and administrators, and many of the speakers Committee on Criminal Administration. The and discussion facilitators were selected from the award funded a series of workshops on rural states represented at the workshops. Throughout courts within LEAA Region VIII, primarily in the project, the staff remained sensitive to the states of Montana, North Dakota, South changes in state priorities and needs, and work- Dakota, and Wyoming. Matching funds for the shop programs as well as the project design were project were generously provided by The Edna adjusted as needed to make the project more McConnell Clark Foundation. effective. For several reasons, workshops were selected The title for this report was selected after some as the means for studying rural courts. First, they hesitation. The term “rural” connotes different would provide a forum for individuals and things for many people. Some judges and court groups working in and with rural court systems administrators argued that there was no such to discuss the strengths, needs, and potential or thing as a rural court-justice was or should be actual solutions to problems facing rural courts. administered in the same way everywhere in Second, they would facilitate the exchange of their states. Others suggested that “nonmet- ideas and information about successful programs ropolitan” or “small” courts with one judge or a within states in this region and in other states circuit-riding judge better described the nature of with similar problems. And third, the workshop rural courts. After a year of work on the project, format was expected to encourage the discussion we realize that finding an exact or alternative of ways in which rural and urban groups could be definition for a rural court is not particularly made more aware of the needs and interests of important. Rural justice has a practical, not a rural courts. conceptual, uniqueness-practical because there A large part of the project resources was used seem to be special characteristics of court admin- to plan, staff, and conduct the three programs istration in rural areas that have resulted from xi xii

sparse populations spread over large land areas, during this project are as knowledgeable about as contrasted with high-density urban areas. But and as interested in the proper administration of conceptually, we agree with those who argued justice as those we have met in other parts of the that justice should be administered similarly country. throughout a state. Many people assisted in helping this project So Rurai Courts it is, and it is appropriate; it succeed. The most important were the helps to remind us that differences of geography participants-the judges, court administrators, and life style should be considered in developing clerks, law enforcement officers, corrections policies and programs for improving state court personnel, lawyers, and others-who attended systems. Certainly the people we worked with the workshops and seminars. Because of the ... Xlll

design of the project, we spent a great deal of Larry Backus, courts specialist for LEAA Re- time working with court administrators in the gion VIII, who not only provided enthusiasm states, and our thanks go to William Bohn, Ellis and encouragement but also actively participated Pettigrew, Dan Schenk, Ray Stewart, Reuel in each of the workshops. Larry Lehman, Mike Armstrong, Harry Lawson, Richard Peay, and ’ Morgan, and other staff members of the Wyo- their assistants for their cooperation and interest. ming Governor’s Planning Committee on Crim- Second only to state and judicial leadership inal Administration gave us excellent coopera- were the many conference speakers that pro- tion in handling all the fiscal matters related to vided insight and, at times, entertainment at the the management of this grant. workshop and seminar programs. The list is A special recognition is due Ted Fetter and long, and we note here only those who were with Laura Crites who did much of the preliminary us several times during the project: Judge Henry analysis and drafting for this report. Their good Pennington of Kentucky, Don Cullen of Neb- humor and steadfastness made them a delight to raska, Nancy Hall from the National Clearing- work with. Sandra Klein, the project secretary house for Criminal Justice Planning and Ar- during the past year, Pat Stout, Glora Colson, chitecture, and Dennis Kleinsasser of the Rural and Lois Bierman as well as others on the Na- Crime and Justice Institute. tional Center staff demonstrated much patience Many staff members and consultants contrib- and dedication in preparing workshop materials uted to the preparation of this report. Certainly, and various report drafts. Finally, we note the we appreciate the leadership and direction of Ed able and artistic assistance of Elizabeth Ander- McConnell and Barry Mahoney, who provided son, director of publications, and Nancy Allbee programmatic and managerial support during the and Vilma Boubelik of the publications staff, development of the project and in reviewing the whose editing skills made this report more in- final report. Tom Cameron of The Institute for teresting. Court Management served as a sounding board In all, we feel that it was a good effort. As for many project ideas and, with the staff support guests in the states in which we traveled, we of ICM, helped plan and conduct the workshops. learned that hospitality is the standard in rural Stanley Heginbotham, evaluator of the project, areas. Each contact with judges, court adminis- gave us continual encouragement and sound ad- trators, and other rural court representatives re- vice throughout the project. We express thanks newed our interest in and enthusiasm for rural to a number of staff members who worked on the America and reaffirmed our belief that leaders in project and are now with other organizations or all segments of rural criminal justice and rural have returned to the pursuit of their educations. court systems enjoy their work and are dedicated We also recognize the cooperation of the staff In to the continuing improvement of the administra- the Regional Offices of the National Center, in tion of justice. We hope-having come this far particular, Lynn Jensen and Mark Geddes (now and having involved so many people-that the South Dakota Court Administrator) of the North study of rural courts will continue beyond this Central Office. project. A special acknowledgment must be given to E. Keith Stott, Jr., Project Director

Introduction

Many differences exist between rural and areas is now affecting rural America. Agricul- urban administration of justice. The very nature ture no longer rules the countryside; industry of the rural environment precludes the imper- is moving into rural areas and attracting sonal, assembly-line justice which many persons workers away from the farms. Rural-to-urban have attributed to urban courts. Unique aspects migration is reversing, reawakening the of courts in rural areas have been submerged, sleepy small town. For many urban dwellers, the however, by the greater concern over crime and appeal of rural life is strong, and an increasing law enforcement in the cities. Numerous studies number are leaving urban problems behind and have identified the problems of urban courts and moving to the country. What they find is a vari- have even designed operational models to meet ety of characteristics which distinguish rural such problems as intolerable crime rates, court areas and which significantly affect the operation backlogs, and pretrial delays caused by the urban of courts in rural areas. Among them are small environment. Rural courts, however, have re- communities, concomitant personal familiarity, mained a neglected area of concern. The com- absence of serious crime, lack of social services, plexities of rural court administration never frequently lower tax base, and in some rural seemed to have the urgency of problems in urban areas, geographical isolation. areas. And frequently, when difficulties in the Chapters 2 through 8 examine the effect of operation of rural courts were encountered, these characteristics on issues of court operation. urban models were offered as solutions. For example, the relatively lower tax base of Any effort to understand the characteristics of many small towns and rural areas may affect the rural courts must be placed in the context of the quality of court personnel, the amount or fre- rural setting. The process of defining that set- quency of training for these personnel, and the ting, however, raises many issues, not the least availability of court-related services to offen- of which is the difficulty of determining what is ders. The isolation of many small towns, espe- rural. Agencies gathering data on various aspects cially in the West, influences not only the way in of rural life seldom agree on a definition of rural. which judges spend their time, but also the Thus, some statistical data on rural areas include judges’ contact with colleagues and their knowl- information on cities of 25,000 population, edge of significant legislation and court deci- while the data compiled by other agencies are sions. Much of the focus of this part is on iden- limited to towns of 2,500. tifying handicaps under which the rural court In describing rural America one must consider operates. Rather than suggesting that urban solu- its changing nature. As Chapter 1 reveals, the tions be used to solve rural problems, the chap- technology which earlier altered life in urban ters develop alternative approaches based on

XV xvi

unique characteristics of the rural environment. sion argues that familiarity among the rural of- A search for innovative programs and projects fender, the victim, the attorneys, the judge, and has provided specific examples of methods em- the jury allows the trial to focus on specific facts ployed by various rural judges to deal with their about the offense. In urban courts, on the other concerns. hand, this primary information about parties in Chapter 9 is an analysis of the implications of the case must be sought by investigators, is often this study for individuals and institutions involved inadequate, and may negatively affect the setting with rural courts, such as judges, court administra- of bail, the charges brought by a prosecutor, and tors, local officials, state legislators, funding agen- the sentence passed by the judge. Consequently, cies on several governmental levels, and non- justice in rural areas could potentially be more governmental research institutes and foundations. fairly administered than in urban courts. More of Chapter 9 also suggests that planners and this country’s court improvement efforts should policymakers should keep in mind that rural be directed toward realizing that potential. courts have unusual potential-this country’s The balance of the report provides historical court system was originally designed for rural and research information about the project and courts. As the President’s Commission on Law the administration of justice in rural areas. This Enforcement and Administration of Justice project and other workshops and conferences pointed out in The Challenge of Crime in a Free have sought to bring attention to the problems Society, “the basic unit of court organization in which serve as obstacles to improving the admin- most states remains the county, and about two- istration of justice in rural America. The project thirds of the counties in the country still are also conducted a bibliographic search to identify predominantly rural in nature.” The Commis- articles, publications, and research which might xvii

apply to rural courts. South, and the East, and we hope that their During the course of the project, the staff contributions have helped to minimize any re- surveyed approximately eighty-five judges and gional bias. Some bias may remain, however, other court personnel in Montana, North Dakota, and this limitation is acknowledged in the report. South Dakota, and Wyoming and spent four It is hoped that this report not only will provide weeks visiting rural courts talking with judges, needed information on problems facing rural clerks, prosecutors, and others. Consistent with judges but also will act as a catalyst to further the funding agreement, this original research discussion and research. was confined to four western states. A national The millions of Americans in rural areas de- survey was conducted, however, to identify var- serve the services of a sound, well managed ious rural courts programs which could illustrate judicial system just as urban residents do. Rural how some rural courts are improving services. court problems differ in magnitude but not in These examples are sprinkled throughout the text scope. Yet rural characteristics often work and indexed at the back of the report for guide against the imposition of programs designed for reference. a more heavily populated environment. Pro- Because much of the information was col- grams that work in a court with 100 or more lected by speaking with rural court personnel, judges seldom apply to a one-judge court. Courts visiting them where they work, and probing into which receive 300 cases each day will manage their court operation, it is hoped that the material the flow of business differently than courts with contained within this report is truly reflective of 300 cases per year. It is important for court rural court administration as seen by those most managers to meet the particular demands of closely involved-the rural judge and the court small courts. They must be aware of the solu- staff. Readers from nonwestern states may detect tions which are available and of the desirability a bias to the report. Although the original re- of developing additional ones. And it is critical search was conducted in four plains states, this for state legislators, federal funding agencies, report attempts to balance it with studies from and other policymakers to realize the particular other parts of the country. Several participants in needs and distinctive qualities of rural courts. our final workshop came from the Midwest, the

1 The Rural Environment and Its .Impact on Courts

The Changing Rural Environment could be classified as the world’s ninth largest Although the term rural is conceptually under- country. (Only China, India, the U.S.S.R.,the stood by most people, a precise definition is United States, Japan, Indonesia, Pakistan, and achieved with difficulty. The lack of consensus Brazil have total populations that exceed the among data-gathering agents exemplifies this rural population of the United States.) No coun- problem. For example, the U. S . Bureau of the try in Europe, and only one in Latin America Census identifies “rural” as everything outside (Brazil) has a total population that exceeds the of urbanized areas and with a population of size of America’s rural population. ’ ’ 2,500 or less. According to this definition, 26 Another perspective on rural America can be percent of the population lives in rural America. gained by examining the size and density of rural Other agencies, such as the Law Enforcement versus urban territory. As is seen in Table 1, Assistance Administration, define “rural” as which uses the SMSA definition, rural land con- “nonmetropolitan,” referring to areas outside stitutes 89 percent of the total area of the United Standard Metropolitan Statistical Areas States, while rural population makes up 31.4 (SMSAs). This definition is somewhat prob- percent of the total U.S. population. lematic, however, because, with the exception The relative lack of attention to rural areas of New England, SMSAs follow county lines might be attributed in part to the low visibility of which frequently include rural areas and small rural areas. There are few rural news media and, towns. Using the “nonmetropolitan” definition, until recently, the agricultural sector consistuted 31 percent of the people live in rural areas. Rural the primary informational link between rural is sometimes equated with towns of 25,000 or America and the urban power sources. “Ag- less. This would encompass about 38 percent of ribusiness has created the misconception that the population. Finally, other data-gathering ‘rural’ is synonymous with ‘agriculture,’ or even agencies use “outside urbanized areas” to iden- the equally erroneous belief that farming is quan- tify that which is rural. According to that defini- titatively the most significant rural activity. ”2 tion, 42 percent of the population lives in rural A review of seventy years of census statistics, America. however, shows a significant decline in agricul- Regardless of the definition, it is a fact that tural dominance of rural America. In 1900, the rural America constitutes a large population farm sector of the rural population constituted group. With a census bureau count of more than approximately three-fourths of the rural total, 50 million people, rural America exceeds the about 46 million. In the last seventy years, the combined population of America’s 100 largest farm sector has declined to less than 10 million, cities. “It is large enough so that rural America or only one-fifth of the rural total. Table 2 shows 1 2 Rural Courts

Table 1 Density of Urban and Rural Territory-1970

Land Area Percent Percent Pop./ (in Sq. Mi.) of U.S. Population of U.S. Sq. Mi.

Total 3,536,855 100.0 203,2 12,000 100.0 58 Inside SMSAs 387,594 11.0 139,419,000 68.6 360 Outside SMSAs 3,149,261 89.0 63,793,000 31.4 20

Source: U.S. Bureau of the Census, Statistical Abstract 1976 (Washington, D.C.: Government Printing Office, 1976), Table 16, p. 16. a statistical breakdown for 1971 of agricultural nonfarm employment increased by 48.9 percent employment. compared with an increase within SMSAs of The rank-ordering of rural employment shown 49.7 percent. In manufacturing employment, in Table 3 clearly indicates a movement away these counties showed an increase of 61.1 per- from agricultural, resource-oriented employ- cent compared with a 47.7 percent increase in ment toward industrial and professional em- SMSAS.~ ployment. The decline of agricultural dominance is only It is clear that throughout the mal United States one of several changes taking place in rural agricultural employment is declining signifi- America. Others include a growth in population, cantly and professional and manufacturing em- an increase in crime, and a decrease in the isola- ployment is increasing rapidly. A study of em- tion of small town rural areas. ployment patterns in counties fifty miles from For this study, the most significant change is SMSAs in thirteen southern states confirmed that the reversal of the rural-to-urban migration. For the growth in nonfarm employment is not a met- the first time in our history, people are moving ropolitan fringe phenomenon. In these counties, out of the cities and into rural areas. “The re-

Table 2 Agricultural Employment- 1971

Rural population 54.0 Farm population 9.5 Rural work force 30.0 Agricultural work force 3.9 Self-employed farmers 1.84 Wage or salaried agricultural workers 1.44 Unpaid family farm workers 0.64 Seasonal farm workers 0.84 Migrant farm workers 0.18 Source: Ray Marshall, Rural Workers in Rural Labor Markets (Salt Lake City: Olympus Publishing Co., 1974), p. 18. The Rural Environment 3

newed growth of population in nonmetropolitan Another possible explanation not mentioned communities vies with the continued low level of in the President’s report is the effect of transpor- the birth rate as the most significant demographic tation on the ability to live in rural areas and fact in the United States t~day.”~Between 1970 commute to cities for work and pleasure. Major and 1974 the population increased by 4.9 percent highways and widespread ownership of au- in rural areas compared with 3.4 percent in met- tomobiles have, for practical purposes, lessened ropolitan areas (including suburbs). According distances between rural and urban areas and have to the President’s report to Congress, possible greatly diminished the isolation of many small explanations for this reverse in migration include towns. The ability to commute to cities for work, these: entertainment, health care, and other amenities - The 1960s youth movement and back to the or necessities has increased the attraction of liv- country movement; ing in rural areas. - The general, seemingly inexorable increase This country’s search for energy sources has in the complexity of life in overcrowded also contributed to population growth in rural cities; areas. It especially affects such states as Utah, - The practical search for amenable locations Montana, Wyoming, Colorado, North Dakota, for new or expanding businesses and the and Arizona which increasingly are looked to as trend toward decentralization of manufactur- sources of coal. Small towns such as Gillette, ing and other industry; Wyoming, and Colstrip, Montana, have become - Increased settlement of retired people in rural energy boom towns overnight.’ The effect of this areas and small towns; growth in population has significantly changed - Expansion of state colleges; the character af these small towns. - The increasing search for ways to maintain Many of those who have not moved to the small farms through the help of nonfarm in- country make frequent trips to small-town comes; America. Improved transportation and the popu- - The new determination of rural people that larity of outdoor sports have increased the flow their heritage shall not be simply a part of of urbanites to rural areas for recreational pur- their history. poses.

Table 3 Changes in Rural Employment in the United States by Industry

1970 1960 %Change

Professional and related services 3,947,052 1,577,767 +150.17 Wholesale and retail trade 3,141,011 2,505,062 + 25.39 Durable goods 2,916,132 2,287,705 + 27.47 Nondurable goods 2,296,320 1,877,230 + 22.32 Agriculture, forestry and fisheries 2,248,625 3,822,114 - 41.17

Source: Ray Marshall, Rural Workers in Rural Labor Markets (Salt Lake City: Olympus Publishing CO., 1974), p. 18. 4 Rural Courts

This influx of people into rural areas has have common characteristics including part-time brought many of the problems once associated personnel, small, often inadequately trained with life in cities. In the words of a rural proba- staffs, shortage of court-related services, lack of tion officer, “That old idea about the peaceful specialization of judges, informality of proce- countryside with nothing to worry about besides dures, isolation from professional colleagues, the crops just isn’t accurate anymore. The rural inadequate court facilities, and more personal area is changing; we’re not so remote anymore. familiarity among criminal justice personnel and We know what’s happening in the world and with litigants before the court. around the country. And we’ve got almost all the The stereotypical image of a rural community social problems of the urban areas-alcoholism, is that “everybody knows everybody.” To the drug dependency, unemployment, broken extent that the image is true, this sense of famil- families, more crime and, of course, more juve- iarity within the community presents potential nile problems as we!l as benefits to the rural court. According to the FBI Uniform Crime Reports, With their knowledge of the individuals and the crime in rural areas is rising. In 1975, these community in general, rural court personnel reports showed a 9 percent increase in criminal have greater opportunities to tailor justice to the arrests in rural areas compared with a 10 percent individual. Observers of rural court operations increase in the suburbs and an 8 percent increase are struck with the personal attention given crim- in citiese9A 1974-75 study of rural crime by inal defendants. In the words of one such ob- Ohio State University found a 305 percent in- server: crease in crime in rural Ohio from 1965 through The defendant in a rural district cour- 1975.1° Although not so serious as urban crime, troom faces an experience substantially dif- this rising rate of crime in rural areas is straining ferent from that of his urban counterpart. limited criminal justice resources and is affecting This difference stems from a more individu- life in small towns. alized basis of treatment. Indeed, from ar- In spite of what appears to be an increasing rest to sentencing, there is generally greater urbanization of rural areas, distinct differences personal contact with a defendant by the do remain between rural and urban America. The administrators of the criminal justice sys- most obvious and profound difference is popula- tem. The manner in which the court addres- tion size, but from this stem other characteristics ses rural defendants suggests that the judge such as the sense of wide acquaintances, infor- has taken the time to learn something about mality and a smaller tax base with resulting the defendant and the crime with which he is fewer social services. charged. Close acquaintanceship may also promote a Courts in the Rural Environment flexibility, informality, and resistance to bu- These factors in the rural environment affect reaucracy that may enable the court to act swiftly courts and the entire system of justice in distinct and effectively. But flexibility and informality ways. They may intensify for rural courts the can sometimes encourage the transgression of same concerns felt by urban courts and may due process standards or expectations and other create new problems unknown to urban areas. At constitutional guarantees. One judge related an the same time, the rural environment may be incident where he was interrupted in the midst of susceptive to the use of different, innovative advising a person of his rights. The defendant cut approaches to dealing with court problems. Al- him off, saying, “Judge, you don’t need to go though all rural courts are not the same, many through all that. I want to plead not guilty and I The Rural Environment 5

want you to try the case and I’m not going to have difference between conflict of interest and per- an attorney and let’s get on with it.”12 sonalized treatment. It also suggests the poten- Another example of community intimacy tially difficult problem of the geographical or noted in a court in southeastern Colorado was the social outsider in the rural court environment. practice of passing over farmers on the jury list Fairness in judicial process implies equal and during harvest season. The clerk acknowledged individualized treatment, a standard that is hard that, technically, no one should be excused, but to maintain in many types of courts. the clerk knows the farmers and avoids calling them for jury duty during the harvest.13 Smaller Volume of Cases Community familiarity may also require a Another area in which rural courts are affected judge to tread a fine line between individualized by their environment is the volume of cases. The treatment and conflict of interest. Urban judges smaller population and a lingering propensity to automatically disqualify themselves when a handle issues informally outside the courts, both litigant or criminal defendant whom they know characteristics of rural communities, assure that appears before them. For rural judges to follow rural courts have smaller caseloads and backlogs such practice would create significant problems than exist in many metropolitan courts. As a of judicial assignment. One rural judge remem- result, defendants usually come to trial within a bers disqualifying himself only once during his relatively short time,15 civil litigants are more thirteen years on the bench-when the defendant likely to see a resolution of their dispute within a 1 was accused of hitting the judge’s car.l* reasonable interval, and court personnel still A final effect of familiarity or rural sociability have enough time to deal adequately with each concerns jury selection in rural courts. As in the case. Most persons view this positively; it means case of judges, jurors are normally disqualified that the court can respond to the individual nature when they are personally acquainted with one of of each case and that personnel do not constantly the litigants. Following this practice in rural feel a great pressure to produce a high volume of areas where everyone‘ knows everyone else cases. As a consequence, plea negotiations and would be highly impractical. Consequently, voir settlements are more a result of the factors of the dire and the attorney’s personal acquaintance case than a function of pressure either to clear up with the community often simplify the identifica- the calendar or to dispose of a backlog. tion of potential jurors with philosophical or reli- The smaller work load allows accessibility of gious biases which could adversely affect the the judge; he may receive visitors frequently. case. For example, religious conservatism in While the project team was visiting a rural judge some rural areas may prohibit drinking alcohol; during this project, an elderly couple entered the in a drunkenness case, attorneys may disqualify chambers. The judge, lacking a secretary or a prospective juror who is known to have such court clerk to screen visitors, received them and beliefs. helped with their questions regarding immigra- This high degree of personal acquaintance tion and naturalization regulations. within the rural environment has a multiple im- The smaller caseload can have a detrimental pact on administration of justice in the rural effect when it prevents the operation of an courtroom. It assures individualized attention to economy of scale. The circuit-riding structure of defendants, precluding the “assembly line jus- most general jurisdiction trial courts is an at- tice” which plagues urban courts. It promotes an tempt to compile a sufficient volume of work to informality, however, which could be constitu- justify a full-time, well trained judge. Most other tionally suspect because of the subtle shades of personnel in the system, such as the clerk, the 6 Rural Courts

prosecutor and support staff. do not usually work Lack of money also affects the nature of work in a multi-county jurisdiction. They, therefore, in a rural court. Since the number of court per- work part-time or without much support staff, a sonnel is low, each person must be responsible condition which could affect their profes- for a wide range of activities. Specialization is sionalism, present potential conflicts of interest, almost impossible. Regardless of the type of case or limit training opportunities. The small scale of that comes up, the local judge will usually have operation also makes it difficult to justify any to handle it. The small number of employees also new programs or alternative procedures that makes it difficult for persons to attend seminars might require federal or additional state funds. or conferences, or even to fill in when another is Lack of Resources ill. In many cases, the shortage of staff requires Insufficient resources affecting courts in rural that a judge perform duties which would nor- areas stem from population size and a low tax mally fall to a court administrator or clerk. One base. The size of population in small towns effect is that a rural judge may be able to dispose limits the pool of lawyers and qualified, trained of significantly fewer cases than an urban judge. court personnel. On the one hand, shortages of Urban judges who complain of a need for new attorneys encourage the use of lay judges. But on facilities are rarely as poorly equipped as rural the other, court personnel often need training judges. In most states, rural court facilities are which is unavailable to them in rural areas or dependent on the generosity of, and priority set- difficult to get to when held in the cities. ting by, local officials. The shortage of available The low tax base occurs for several reasons: public monies resulting from a low tax base often there is no local manufacturing or other industry creates a situation where rural court facilities are to produce tax revenue; a reliance on property tax in severe disrepair or are nonexistent. A survey from agricultural lands produces a relatively low of eighty-three circuit judges in Kentucky re- tax return; and the large areas of federally owned vealed that a general lack of facilities was a land, especially in the West and South, are not priority problem for seventy-four respondents. taxable. Rural areas also get less federal money Among the problems identified were lack of of- than urban areas, at least after direct agricultural fice space for the judge, no waiting area for payments are subtracted. jurors and witnesses, inadequate space for the Inadequate funds affect the courts in several clerk, and no toilet facilities.16 Another major very important areas. Salaries and fringe benefits concern surfaced by the Kentucky survey was are generally lower than in urban courts, lack of equipment. The only equipment most facilities are often older or in need of repair, courts had was a movable blackboard. Several equipment is often not available, and staff size is judges were functioning without typewriters, small. law libraries, or office phones, and others per- Without adequate salary or benefits, limited sonally paid either part or all of their office phone jurisdiction courts in rural areas often fail to bi11.17 attract law trained judges, and the lay judges Space and Separation often need extensive training to be effective. In Distance is another characteristic affecting the case of general jurisdiction courts, some rural courts, primarily in the western states. In judges and prosecutors work part-time, even if one-judge or multi-county jurisdictions, rural the volume of work could justify full-time posi- court personnel frequently must deal with the tions, because the salary level forces them to effects of space and the resulting sense of isola- conduct an outside practice of law or other busi- tion. The judge, the prosecutor, and the other ness. employees have few colleagues around with The Rural Environment 7

whom they can talk informally. Seminars, con- Nation’s court system was designed originally ferences, or other meetings in which they might for small, rural communities.”’* Thus, efforts to be interested are frequently many miles away. improve rural court operation should capitalize As a result, court personnel do not have the on positive aspects of the rural environment benefit of frequent collegial contact, and may not while considering a wide variety of solutions be exposed to helpful ideas or information. which can help alleviate handicaps to rural court The long distances mean travel, either for the operation. judge and other court personnel or for litigants. A multi-county district or circuit is necessary to NOTES justify a full-time judge, who must visit each of ‘Gordon I. Swanson, “Rural EducationNews,” Vol. 22, the counties several times per year. In addition, No. 1, March 1970. litigants, witnesses, and jurors must travel to the 2Lewis R. Tamblyn, Inequality, A Portrait of Rural America (Washington, D.C.: Rural Education Association, court whenever a court day is scheduled. In Wy- 1973), p. 5. oming, each general jurisdiction judge covers an 3Ray Marshall, Rural Workers in Rural Labor Markets average of 7,477 square miles of the state. By (Salt Lake City: Olympus Publishing Co., 1974), p. 18. 4“Slowdown for ‘Strip Cities’: Reversal of Century-Old contrast in the smaller, more populated state of Trend,” US.News and World Report, March 7, 1977, p. Connecticut, each general jurisdiction judge 39. serves an average of 104 square miles. Partially 5“Migration ‘Rural Growth’ Is Really Urban Sprawl,” Business Week, January 12, 1976, p. 77. because of the reduced need to travel, the Con- 6Rural Development, Sixth Annual Report of the Presi- necticut judge can attend to the court needs of dent to the Congress on Governmental Services to Rural three times as many persons as the average Wy- America, Dept. of Agriculture (Washington, D.C.: 1976), p. 23-24. oming judge. A general trial judge in an urban “‘Will Energy Boom Produce a Bust for West’s areamay be able to hear 1,000 cases per year, but Towns?” University of Utah Review, Vol. 10, No. 5, Feb- extensive travel would make such a caseload ruary 1977, p. 14. 8“Challenging the Myths of Rural Criminal Justice,” much more difficult for a rural judge to carry. unpublished paper, James H. Olila, Victor J. Klirnoski and When a judge, a prosecutor, or a court em- James F. Krile, Rural Crime and Justice Institute (Minnesota: ployee must serve such a dispersed population, St. John’s University Mall Center, 1975). Tlarence M. Kelley, Crime in the United Stares, 1975: he may not always be where he is needed. A Uniform Crime Reporrs (Washington, D.C.: U.S. Depart- court which sees its judge only a few times per ment of Justice, 1976), Table 1, p. 49. year must learn to operate most of the time with- l0“Ohio Farmers Join Crime Fight,” LEAA Newsletter, Vol. 6, No. 8, March 1977, p. 7. out the judge, and when he is tending to the “Michael Ginsberg, “Rural Criminal Justice: An Over- business of one county the judge will not be able view,” American Journal of Criminal Law, Vol. 3, No. 1, to respond as well or as quickly to events in 1974, p. 43. 12SeeAppendix, “Rural Society and Its View of the Legal another courthouse. The telephone, of course, System.” reduces this problem, but it cannot be totally 131bid. eliminated. 141bid. ‘5James J. Alfini and Rachel N. Doan, “A New Perspec- It is apparent that many of the unique charac- tive on Misdemeanor Justice Courts,” Judicature, Vol. 60, teristics of rural courts make the role and respon- No. 9. April 1977, p. 425. sibilities of a rural judge significantly different 16Surveyadministered by Kentucky Model Courts Project at Kentucky Circuit Judges Association in Louisville, May from those of his urban counterpart. In some 23, 1974. cases, these differences work a hardship on rural “Ibid. judges. In other cases, they provide what may be ‘The Challenge of Crime In a Free Society, A Report by the President’s Commission on Law Enforcement and Ad- the optimum environment for the administration ministration of Justice (Washington, D.C.: February 1967), of justice. It should be remembered that “the p. 127.

2 Operational Aspects of Courts in Rural Areas

It is impossible in this report to analyze all the the county is a critical level of government for issues and concerns of court operation. the judiciary. Most of the funding of the trial Nevertheless, it is useful to discuss the several courts and the lower courts comes from the segments of rural court operation which seem to county government, except in South Dakota and, be particularly affected by the rural environ- to a lesser degree, Montana. In all of the states ment. Issues of personnel recruitment and train- the county is responsible for providing and main- ing, case scheduling, and others are not com- taining the court’s facilities. The following table pletely different in nonmetropolitan courts from shows that these states are four of the five with what they are in metropolitan courts, but they the smallest average county populations. often show some specific points of contrast. This (Alaska is the fifth.) Small population makes the chapter and the following five chapters discuss county governments hard-pressed to provide the these particular differences. When the differ- level of funding that the judiciary needs. ences present problems in court management, The court systems of the four states vary con- the chapters outline some possible approaches to siderably. South Dakota has the most highly meeting them. centralized administration. It has a single-level Much of the material in this part comes from trial court, the circuit court, with a magistrate this project’s work in four states of the Northern subdivision. The state funds the courts except for Great Plains-Montana, North Dakota, South facilities and has a central personnel and rec- Dakota, and Wyoming. These four states are ordkeeping system. predominantly rural; the largest city in any of them is Billings, Montana, which had a 1970 population of 61,000. Table 4 shows the popula- Table 4 tion density of the four states from 1970 figures. Comparative Populations of Four States The populations of these states, of course, are not static. The demography is constantly shift- State Land Area Population Density ing. Tourist activity and transient highway traf- Montana 145,587 694,409 4.76 fic are significant in all of them. The renewed North Dakota 69,273 617,761 8.91 drive for energy development has affected areas South Dakota 75,955 666,257 8.77 of Wyoming, Montana, and North Dakota. And Wyoming 97,203 332,416 3.41 of course the recent trends in population move- Source: U.S. Department of Commerce, Bureau of ment from large cities to small cities and towns is the Census, 1970 Census of Population, Volume I changing the populations of these states. Characteristics of Population (Washington, D.C.: In each of these states, as in many other states, Government Printing Office, 1970). 9 10 Rural Courts

Table 5 Comparative County Populations of Four States

No. of Population State Counties Largest Median Smallest Average Rank Montana 53 87,350 6116 630 a 12,400 47 (Yellowstone) (Teton) (Petroleum) North Dakota 53 73,653 6323 1173 11,549 48 (Cass) (Pierce) (Billings) South Dakota 67 95,209 5965 1575 9,933 50 (Minnehaha) (Marshall) (Buffalo) Wyoming 23 56,360 8640 2924 14,453 46 (Laramie) (Lincoln) (Niobrara) Source: U.S. Department of Commerce, Bureau of the Census. 1970 Census ofPopulation, Volume I. Characteristics of Population (Washington, D.C.:Government Printing Office, 1970). a Yellowstone National Park County is smaller (66 persons-the smallest county in the country), but it has no courthouse. Washabaugh County is smaller (1250 persons), but it has no courthouse.

North Dakota recently passed a constitutional respectively. In fifteen of the state’s most popul- amendment under which the judicial system can ous counties, these two courts have combined to become more unified but not nearly so cen- form a county court of increased jurisdiction, led tralized as the South Dakota system. In North by a full-time law-trained judge. North Dakota Dakota, the trial-level court is the district court, also has municipal courts with jurisdiction over which operates on a multi-county basis. In each ordinance violations. county, part-time judges work in the county In Montana, the counties now pay for some of court and the county justice court, which have the district court costs, but legislation is pending limited jurisdiction in civil and criminal matters for the state to assume these costs. The limited

Table 6 Judicial Districts or Circuits in Four States

No. of No. of Counties per District State Judges Districts Highest Median Lowest Montana 28 18 7 31 (16th Dis.) (2nd, 18th Dis.) North Dakota 19 6 13 86 (6th Dis.) (5th Dis.) South Dakota 36 9 15 83 (6th Cir.) (2nd Cir.) Wyoming 15 9 4 31 (5th Dis.) (1st. 7th Dis.) Source: Annual reports of the state courts listed. Operational Aspects 11

jurisdiction courts in the state are the justice of thirty-eight out of the forty-two jurisdictions. the peace court and the city court. These two Almost all the general jurisdiction judges must courts have generally similar jurisdiction over supervise court operations in two or more coun- the county and municipality respectively. Al- ties and travel frequently among them. most all of the 226 judges of these lower courts In the judicial districts and circuits of North are part-time, and fewer than half a dozen are and South Dakota, at least two judges work attorneys . within the same area. In Montana and Wyoming, Wyoming’s court structure is similar to Mon- however, there are fourteen single-judge tana’s, with district courts, justice courts, and districts-three in Wyoming and eleven in Mon- municipal courts. The counties pay almost all of tana. the costs of the local judicial system, and the The court systems of these four states, then, county government is very important to the oper- present a considerable number of distinct opera- ation of the courts. About half of the lower court tional concerns. Many of these concerns affect judges are attorneys; only an attorney may stand the courts in rural areas throughout the United for election to the position, but if no attorney States. Although the discussion in the following applies, then the county commissioners may chapters comes largely from the project’s in- select a nonattorney for the job. volvement in the four Great Plains states, it is Almost all of the judicial districts or circuits in also consistent with research, published writ- the four states serve more than one county- ings, and comments from around the country.

Providing Quality Personnel

Qualified personnel are essential for a good in rural California or New York usually earns the court system, but for several reasons, rural same as judges in metropolitan areas of those communities often have more difficulty than states. (This was not always the case. In some urban communities in attracting and keeping areas such as New York, city judges once were capable court personnel. Because funds are paid a special supplement.) Generally, salaries scarce, the salaries of public officials are usually in the less populous states are lower than those of lower than those in more populated areas. the larger states. While the average salaries for Further, the rural community may not offer the trial judges throughout the country is $33,446, cultural opportunities or the wide services which those in Montana and Alabama receive $25,000 metropolitan dwellers have come to expect. Fi- per year; those in Oklahoma who serve a district nally, rural court personnel may not have avail- under 10,000 in population receive only able the facilities or equipment that other court $21 ,000. In the four states examined closely in personnel have, so the position may not be as this project, the average salary for a general trial attractive. These factors affect all court person- judge is under $28,000. Judges in limited juris- nel, but difficulty in recruitment of judges is diction courts, of course, receive less, and many more frequently encountered than recruitment of of them work part-time. Those who are fuI1-time other personnel. and law-trained, however, still earn relatively little; in North Dakota, the range of such salaries Judges begins at $15,500 per year. Throughout the country and in all levels of In thirteen states, urban judges receive a courts, judicial leaders have expressed concern greater salary than their rural counterparts. In about attracting and keeping the most capable seven states counties add local supplements to judges. Since trial judges generally come from the state salary of general jurisdiction trial the ranks of successful attorneys, their salaries judges, and usually the more populated counties and work routines are often compared with those make a greater contribution.2 In Louisiana, of lawyers in private practice. The judicial posi- Minnesota, and Nebraska, judges in a few urban tion often suffers in such a comparison, and in jurisdictions get a larger salary from the state. In rural areas the comparison may be especially Indiana, Ohio, and Oklahoma, the trial judge’s telling. salary is fixed according to a sliding population Salary is the easiest variable to measure, and scale. judicial salaries in the most rural states are com- The disparity in general jurisdiction judicial paratively low. The salary of a general jurisdic- salaries comes from the assumption that judges tion judge is constant in most states, and a judge in the more populated areas have a greater work 13 14 Rural Courts

load. But factors other than population can affect relations may occur, frequently the judges want a court’s volume of work: a spurt in commercial to maintain more flexibility in their scheduling activity not immediately reflected in the official than such a division would permit. The time census, as in the case of an energy-development required to keep current with developments in all impact area, the presence of an interstate high- areas of the law is taxing, although workloads way, the location of a tourist resort. In addition, may be reduced by insistence on carefully re- rural judges often have to travel to hear cases in searched attorneys briefs (often dependent on a several counties, and they may have to assume a good local law library), use of a central staff for greater role in community affairs. judicial research, or development of a com- Lower court judges in many states have a prehensive and current bench book. Also, a local much greater range of salary. If a local unit of judge may feel free to call upon a colleague government pays the salary, it sometimes elsewhere in the state who has had a similar case. negotiates the salary on an individual basis. If the Rural areas face a particular problem in the level of pay is set by statute, there frequently will organizationof their courts. The general jurisdic- be a sliding scale based on population for adjust- tion courts in most states already operate on a ing salaries. regional basis with multi-county circuits or dis- Other factors affect the ability of nonmet- tricts, and the lower courts could be structured ropolitan areas to attract qualified judicial candi- the same way. Since many counties and towns by dates. Staff support is usually very small. Fre- themselves do not have a large caseload, they quently the judge has no secretary, law clerk, or cannot justify hiring full-time personnel, and other assistants. In the limited jurisdiction because only a few practicing attorneys (or none courts, the judge sometimes has no clerk’s office at all) live in the county or town, they cannot staff. Facilities are often poor. The reasonably always retain lawyers for the judicial posts. Fi- successful lawyer (or lay person) who has be- nally, some units of local government cannot come accustomed to staff support and good of- afford to pay the salaries required to retain full- fice facilities can be dissuaded by these factors time law trained lower court judges. One impor- from seeking or accepting a judgeship. Travel is tant question facing rural court systems, then, is another issue in recruiting good judges. Al- whether to regionalize the operation and hire though there are exceptions, it is reasonable to full-time judges or to establish local, part-time assume that the more travel is involved, the less judgeships. likely it is that a person with a family and a Lower courts operating on a regional basis position in the local community will want to take offer both advantages and disadvantages. The the job. These factors are discussed later in this principal attraction is the opportunity to hire well chapter. qualified judges and other staff. Funds from sev- Since the volume of cases in rural areas is eral counties would enable a regional court to frequently low, the judge may find it difficult to hire the type of personnel and secure the library specialize in any area of law. The same one or resources, equipment, and so forth that they need two judges must take cases as they are filed, and which might not be available otherwise. without dividing them by category. Almost all Although the advantages of a multi-county general jurisdiction judges in rural areas, there- court of limited jurisdiction are attractive, the fore, would ideally be familiar with recent de- local (single-county)court, even if staffed with a velopments in all areas of the law. Although in a part-time lay judge, also has some advantages. two-judge court some division of cases into While the judge of a multi-county court divides broad categories of civil, criminal, and domestic the work week among the counties, the part-time Providing Qualiry Personnel 15

local judge is more likely to be available for court cided that every criminal defendant faced with a work on short notice. Problems of schedule possible jail sentence has a constitutional right to coordination and time lost owing to travel would trial before a law trained judge.3 , -~”___l__~l-l_c_^l~~-~-~ not occur as frequently as in a multi-county struc- 8 a 7 ture. In addition, the local court has a major role When the California Supreme Court handed to play in the community. The judge and mem- ordon, the court systemI bers of the local bar are usually community lead- at would meet the new: ers themselves, and their presence adds to a ~irement.~The state estab-, community base thht helps attract other leaders, f circuit-riding lower court1 such as bysinessmen, physicians, dentists, and states may want to consider1 excellent school teachers. In addition, the local may not be under the pressurei1 court is often a source of community pride. Citi- rt decision. California has beenj zens who proudly refer to “our judge” may not nt areas consisting of one1 I react so positively to a judge who visits once a lor more counties with a circuit justice court judge1 week or less. ‘assigned to all of the justice courts in that area.1 The presence of nonlawyer judges in courts of These judges step in whenever a defendant de-\ limited jurisdiction is a major issue of court or- es to waive the Gordon rights. They also/ ganization and judicial recruitment in many st other courts as the need arises. 1 states. Because attorneys are often less available ce court judge program has’ out the state. It has ena-1 in rural areas, the issue is particularly relevant to I rural courts. Statutes in six states require all e Supreme Court deci-j judges to be attorneys, but most other states have ed valuable assistance to; lay judges. In many rural states, it is very dif- courts. The existence of a corps of ficult to recruit lawyers for the lower court judges who can sit in; judgeships. In Montana, for example, only about s sizes and with varying proce-I five of over 200 justices of the peace and city aluable contribution to the state/ judges are lawyers, and they are generally in the ing to court administra-: larger cities of Billings and Great Falls. In the I neighboring state of Wyoming, the statutes encourage filling the justice of the peace and It is likely that the lack of availability of law- municipal judge positions with lawyers. For yers in rural areas and the extra financial burden these elective offices, only lawyers may run. If a requirement for lawyer judges would place on no lawyer files, however, the city or county local governments have helped to dissuade other government can appoint a nonlawyer from those appellate courts from following California’s who apply. This system allows any lawyer, no example. From observations during the project, matter how inexperienced, to fill the position the staff of the Rural Courts project believes that, over any lay person. In spite of the system, only with adequate training, lay judges can make val- about half of the 104 judges are lawyers. uable contributions to rural judicial systems if Last year, in North v. Russell, the United they receive compensation and other court sup- States Supreme Court ruled that lay judges could port services. The precise role of lay judges constitutionally hear and decide cases so long as needs further study, and a more comprehensive the right to a trial de novo before a law trained review of the issue is under study by the Institute judge was preserved and readily available. Only of Judicial Administration and the National Cen- California, in Gordon v. Justice Court, has deter for State Courts. 16 Rural Courts

Court Administrators communication among the judges so that the While most urban court systems have hired court administrator would not have to choose trial court administrators, many rural courts have between conflicting demands. not. The four states in which the project worked demonstrate that fact well: South Dakota has two Idaho was one of the first states to establish a trial-level court administrators, North Dakota statewide system of trial court administrators. has one, and Montana and Wyoming have none. Beginning in 1971 with LEAA funds and fi- It is probably true that not every court needs a nanced by the state since 1974, the Idaho system court administrator, but rural judges should be put a trial court administrator in each of the aware of the expertise that would be available. state’s seven judicial districts. During the initial A trial court administrator in a rural area could stage of the Idaho project, the role of trial court perform any or all of the tasks that urban admin- administrators was unclear both to the adminis- istrators perform: schedule cases, manage the trators and to the judges. In fact, their first duties flow of work and paper, prepare budgets, pre- were more judicial than administrative. Six of pare and analyze case load reports, handle public the seven trial court administrators substituted as relations, act as liaison with other agencies and magistrates during absences, vacations, or offices, supervise nonjudicial personnel, work emergencies. Although this was not one of the with the state court administrator. original functions of the trial court administra- If the work load in a single court does not tors, it has been maintained as a valuable service justify hiring a court administrator, the use of a in assuring that one additional judge is always “roving” court administrator is possible, or the available for motions and special hearings. It is responsibilities of a part-time clerk could be also seen as a means of keeping trial court admin- combined with those of an administrator. The istrators in touch with judicial realities, as well as roving administrator could divide his time maintaining a rapport between them and judges among courts in more than one district, and the in their district. local units of government could share the cost (or Idaho trial court administrators are now ac- the state could pay for the administrators). In tively involved in such administrative respon- order for such a system to work well, however, sibilities as calendaring, budgeting, supervision each judge must understand that the administra- of jury selection, caseload reporting, public in- tor would be available to his court only part of the formation and liaison work with law enforce- time. Thus, the rotation probably should be ment agencies and other public officials, plan- based on a schedule that would minimize travel ning, recommendations for improving the sys- time, and the administrator should have a good tem, supervision of employees such as deputy communications system to stay in frequent con- clerks and secretaries, analyzing statistics, re- tact with all the court personnel in the jurisdic- viewing pending cases, and, in several in- tion. (One South Dakota judge uses a citizens’ stances, designing and managing physical band radio to communicate with his court admin- facilities. istrator.) Another possibility is to divide a court administrator’s time along the court system so that within one district or circuit the administra- Clerks and Clerical Personnel tor would manage the general jurisdiction trial To provide trial court clerks of uniformly high courts and all the lower courts. While travel quality, the method of selection is very impor- would be minimized in this job, the arrangement tant. In those states whose court clerks are would call for improved understanding and elected, the job might easily go to someone who Providing Quality Personnel I7

is well known in the community but who may ated under someone else’s control. Generally, in know very little about court operations or rec- the states studied in this project the electoral ordkeeping. Even though most elected clerks system has produced capable clerks who work perform capably in their jobs, poor clerks pre- well with the judges and the local government. vent efficient court operation often enough that But in a few localities the judge and the clerk do the method of selection deserves attention. not have a good working relationship. In such The clerk’s office houses the history and situations, the judge may rely on a deputy clerk, memory of the court. Its efficient operation is or the judge and the clerk may oppose each other essential to the effectiveness of any court. In publicly. ,many rural areas, the clerk of the general trial Since the judge must remain in charge of the court is the highest court authority who is present court and since the court’s operation should re- on a full-time basis, since the judge often rides spond more effectively to central direction, the the circuit. In such a situation, the clerk acts as better procedure seems to be for the judge or court administrator as well as recordkeeper. judges to appoint the court clerk. Several states Good relations between the judges and the clerk have changed to a system with appointed clerks; are therefore essential. generally the clerks oppose it at first but work In many states, especially those that are well within the new system. The judges usually largely rural, the clerk of the trial court occupies appoint the same clerks who had formerly been a position independent from that of the judge elected, so the new system acts mainly as a check because the clerk is elected by the voters of the against the occasional bad situation. county. The clerks understandably wish to retain Appointment of the clerk, of course, will not their independence, and they maintain that their by itself provide the most capable personnel in status reflects the desire for local control over the the clerk’s office. Salaries, fringe benefits, and trial court. The job would not attract as many working conditions are important inducements, capable candidates, they say, if the clerk oper- and training sessions and manuals of procedure 18 Rural Courts

are critical. Several states, such as Minnesota Further, without an adequate law library in the and North Dakota, have established statewide community, the law clerk would have to travel training programs for clerical personnel. regularly, or be based in some central location It is possible that clerks with expanded re- possessing a good library. Consideration of these sponsibilities could take over many administra- factors has led states to use a central research tive duties from the judge. With training, clerks center instead of hiring law clerks for each juris- could assume the duties of a trial court adminis- diction. One example of such a center is the trator. Minnesota followed such a course when it Creighton Legal Information Center in Neb- changed from elected to appointed clerks, thus raska; there are similar programs in North avoiding the rivalry between the clerk and the Dakota, Montana, New Mexico, Kentucky and court administrator that has occurred in some other states.s states.5 The need for a law clerk has a low priority for many rural courts. Judges surveyed during the Law Clerks Rural Courts Workshops project seldom men- Within the last decade, the movement to pro- tioned it among their greatest needs. Neverthe- vide judges with professional, legal research as- less, rural court personnel must stay abreast of sistance has gained much ground. Appellate recent court decisions and changes in law, and a judges in some states have two law clerks each, central legal research center has proven valuable and most state supreme courts have a central in meeting this need. research staff. At the trial court level, both the proliferation of appellate court decisions and the Other Support Staff availability of LEAA funds have prompted In both rural and metropolitan courts, many judges to follow the example of their appellate judges have no secretaries. None of the judicial colleagues. systems in the four states studied specifically Whether a trial judge sits in an urban, subur- provides for secretaries, and only about 30 per- ban, or rural jurisdiction should not have a bear- cent of the judges surveyed from North and ing on his need for a law clerk. Changes in the South Dakota have secretaries. Typing routine law and in the application of laws affect all correspondence, answering the telephone, and jurisdictions. Cases are not necessarily any less other tasks are usually done by the court reporter difficult or less research-oriented in rural areas, or a person from the clerk‘s office, but many although the routines and practices of the local judges do a great deai of their own typing, judiciary or the local bar may influence the scheduling, making of appointments, and per- amount of research necessary. If the rural judge sonal filing. Since most trial judges were previ- has a smaller caseload than an urban judge, he ously successful attorneys, one can assume that may appear to have more time for research, but they are accustomed to secretarial assistance. this “extra” time may be used in travel or other Many judges complain about the lack of such court and community obligations. help. The rural environment appears to have some Problems sometimes occur when the judge effect on the law clerk’s position. A judge’s uses other court personnel for secretarial work. relatively small caseload may mean that a law The court reporter has been trained to do a clerk would work only part-time or would divide specific job-recording and transcribing court his time among several judges. The coordination proceedings-and secretarial duties can take a of clerks’ schedules could be difficult, especially busy reporter away from that job. In addition, the if the several judges lived in different localities. court reporter usually travels with the judge to Providing Quality Personnel I9

outlying counties, so his working time is affected can also divide the time between a judge and as much by travel as the judge’s. And when the another member of the court staff, such as a clerk’s office is run by an independently elected probation officer. Finally, if the potential con- clerk, a staff person with responsibilities both in flict between judge and independent clerk does the clerk’s office and on the judge’s staff may not apply or would not arise, the secretary can encounter conflicting demands. also work in the clerk’s office. Not every judge in every rural court needs a secretary. But if the need for at least a part-time Prosecutors secretary is there, several options exist. The Delivery of adequate criminal prosecution in judge could have a secretary, paid for by the rural jurisdictions is a complex subject. The same unit of government that finances the other main focus of this report is on the operation of the positions on the judge’s staff. Alternatively, the judiciary and not on the rest of the criminal secfetary could serve several judges if they all justice network, but the character of the prosecu- are based in the same community. One secretary tion services has a significant impact on the courts, and problems which may exist are high Figure 1 among the concerns noted frequently by judges and court personnel. Distribution of Full- and In rural areas, prosecutors generally serve Part-Time Prosecutors- 1973 part-time, as shown in Figure 1. The low volume of criminal cases often does not justify a full- Number of Respomes time prosecutor, and even where the work load mandates a full-time officer the available salary may not attract the most qualified person. As the system frequently operates, one or more attorneys accept the job for reasons that include public service, legal experience, political exposure, and the salary base that is augmented by private practice. There are many capable and dedicated part- time prosecutors, but a wide range of problems still can occur, largely a result of small volume and small salaries. 15,000- 60,oOO- - Prosecutors may be untrained or inexperi- 9,999 29,999 99,999 2E- enced in criminal law, both because tenure in 10,ooo- 30,ooo- 1oo,oO0- 500,000+ 14,999 59,999 199,999 the job is often short and because some major =Full-Time crimes or legal procedures occur only rarely. u POPULATION - Prosecutors may give short shrift to their =Part-Time state duties in order to build up their own law Source: National Association of Attorneys practices. They may delay cases that should General, The Prosecution Function: Local Pro- be attended to or conduct incomplete investi- secutors and the Attorney General (Raleigh, gations and preparations for trial. N.C.: 1974), pg. 9. Charted from primary data - Prosecutors can face frequent conflict of gathered by a national survey of the Committee interest, since they represent both the state on the Office of Attorney General. and their private clients. 20 Rural Courts

- Part-time prosecutors, anxious to spend as need as much specialized training as possible in much time in their private practices as possi- criminal investigation, criminal procedures, new ble, may be more susceptible to reducing statutes, and case law. The training should in- charges and encouraging guilty pleas, thus clude easy access to national training programs saving the time a trial would take. The pro- and to publications and journals. Each state cess may be fair to neither the defendant nor could consider the establishment of mandatory the community. training for its prosecutorsn perhaps as a part of a Most of these problems would cease if all more general continuing legal education pro- prosecutors were full-time employees.8 To at- gram. Part-time prosecutors could also develop a tract capable candidates for a full-time position, code of conduct which would seek to ensure that the salaries would have to be competitive with the state’s business could not be sacrificed to an income of practicing attorneys in the commun- attorney’s private practice. State or local gov- ity. To maintain a work load that would justify ernments may want to consider enforcing such a full-time prosecutors in rural areas, the pro- code of conduct with legislation that requires the secutor would generally need to work in a prosecutor to restrict private practice to civil multi-county district. In the states studied, this matters. Such a requirement would reduce, al- regionalized organization is the subject of a con- though not end, the frequency of conflicts of tinuing debate between advocates of local interest. Another potential statute or rule could community-based prosecution and those that require that prosecutors submit to the local gov- support regionalized, more highly specialized ernment a periodic statement of business trans- prosecution. While this project did not specifi- acted and even of hours spent on both public and cally study the issue, the local system with strong private matters. community controls and community responsive- Finally, the state could consider establishing a ness has enough strengths not to be discarded team of specialized attorneys who could aid a lightly. local prosecutor in the exceptional case. Since If the system of local part-time prosecution the incidence of major crime is relatively low but continues to function, it will have to address the is increasing in most rural areas, many local concerns listed above. The part-time prosecutors prosecutors seldom handle complex charges and

Table 7 Percentage of Time Attorney Present in Misdemeanor Courts

Attorney is always Small City or frequently Big City Suburban and and present: courts Med. City Courts Rural Courts Prosecutor 100 95 81 Defense attorney at trial 97 96 83 Defense attorney upon guilty plea 94 69 45 Source: James J. Alfini and Rachel Doan, “A New Perspective on State Misdemeanor Courts,” 60 Judicature, April 1977. Providing Quality Personnel 21

trial strategies. When the exceptional case oc- two-thirds of the defender systems had one- curs, the local prosecutor should be able to call attorney offices; about 70 percent of the chief on specialists, perhaps from another pros- defenders worked part-time. Most of the attor- ecutor’s office or the attorney general’s office, neys worked on a county basis, but about 12 for assistance. The state could pay these roving percent served the judicial district or circuit, and experts, or the county involved could reimburse a like percentage served some other multi-county the state for each time the service is used. region. According to the NLADA survey, 80 percent Defense Attorneys of counties under 50,000 in population used a Providing adequate criminal defense counsel system of assigned counsel rather than a public is a major problem for nonmetropolitan courts. defender system for indigent defense. In over 75 Certainly, the problems encountered by rural percent of the counties using an assigned counsel prosecutors are experienced by the defense system, defense counsel is assigned only upon counsel in rural areas. But one additional factor the request of the defendant. Once the defendant exists: rural communities must accept the need requests counsel, in most of these counties the for improved defense service^.^ Since most court does not appoint a defense attorney unless criminal defendants are indigent, the community the judge decides that a jail sentence would fol- must provide the legal representation. lo low from a conviction.13 Many rural communities do not yet regularly The four states studied depended primarily on provide defense counsel, or the defendant does assigned counsel for indigent defense. South not regularly ask for it. Some local governments Dakota has one public defender office; Wyo- resist the idea of regular indigent defense coun- ming and Montana have several. In North sel, and they have not established adequate pay- Dakota, LEAA had funded a multi-county de- ment for public defenders or appointed counsel. fender project, but when the federal grant ex- A current survey undertaken by the American pired the counties chose not to continue the of- Judicature Society and illustrated by Table 7 fice themselves. shows that a sizable percentage of misdemeanor The assigned counsel system as it operates in defendants in rural areas plead guilty without these states encounters several significant prob- benefit of defense counsel. lems. Judges and other court personnel noted the Many local governments maintain that they following problems in interviews with the proj- lack the financial resources to provide defense ect staff counsel to indigents. In a nationwide 1973 sur- - The system produces a ragged quality of de- vey, officials in 57 percent of the counties with fense: one defendant benefits from a very less than 50,000 persons indicated that they good defense while another receives a very could not implement the Supreme Court’s deci- poor one. sion in Argersinger v. Hamlin. l1 - Many attorneys do not devote themselves Public defender systems in rural areas, where adequately to their defense appointments. they exist, are generally small. In a survey by the - Appointed counsel are frequently not pre- National Legal Aid and Defender Association pared, often because they have too little time (NLADA), only 20 percent of the counties with and resources to prepare their cases. populations under 50,000 had an established de- - Many lawyers are not well trained for crimi- fender system. Of these counties, over half con- nal defense. tracted with private attorneys rather than hiring - Appointed counsel receive very low pay, and lawyers as local government employees. About many county governments begrudge them 22 Rural Courts

even that. fender system has the same potential problems of The establishment of a regular defender sys- any centralized service: it threatens the local tem, either by means of local government agency orientation of the system of justice, and it may or a contract with one or more attorneys, would allow metropolitan areas with larger case loads reduce most of these problems. If the court de- to demand an inordinately high percentage of termined indigency at the initial appearance and state funds. immediately referred the accused to the regular In rural areas, the defense attorney would usu- defense counsel, then the counsel would have ally work part-time. The potential conflicts of time to prepare a case and the defendant would interest and other problems discussed in the sec- be represented by a lawyer with experience and tion on prosecutors would then equally apply to presumably an interest in criminal defense. the defenders, as would the potential solutions. Without an experienced, interested, and readily Providing well qualified personnel is a critical available defense counsel, the prosecutor will element in the operation of all courts, including usually dominate cases involving an indigent those in rural areas. Rural courts have particular defendant. problems, however, in recruitment and effective A state could also establish a public defender use of their personnel. Many of these problems system. There are about twenty statewide sys- result from lack of funds and from the difficulty tems. This solution may be very desirable since it of providing efficient court services without relieves the local government from the financial enough volume to justify a complete, full-time burden of indigent defense. But a statewide de- staff. Providing Quality Personnel 23

NOTES Old System: A Case of Conflict in Florida,” 2Justice System Journal (Spring 1976) 57-76. ‘All information on judicial salaries comes from National 6For more information on these programs, contact the Center for State Courts, Survey of Judicial Salaries in State LEAA state planning agency in the states cited or the Court Systems (Denver: National Center for State Courts, Creighton Legal Information Center, Omaha, Nebraska. January 1977). ‘For a more complete discussion of rural prosecution, see *Alabama, Georgia, Kansas, Michigan, Pennsylvania, Michael Ginsberg: “Rural Criminal Justice: An Overview,” Texas and Wisconsin. 3 American Journal of Criminal Law (1974) 35-51; National %ee North v. Russell, 96 S. Ct. 2709 (1976); Gordon v. District Attorneys Association: Handbook for the Rural and Justice Court, 525 P. 2d 72 (1974); no cases referred to in Small Oflicer Prosecutor (Chicago: NDAA, n.d.); and these opinions. See also John Paul Ryan and James H. “Richard McQuade Gets Prestige, Little Crime as Rural Guterman, “Lawyer versus Nonlawyer Town Justices,” 60 Prosecutor,” Wall Street Journal, May 6, 1976. Judicature (January 1977) 272-280; Robert Kroll, “Just *The first Conference on Rural Justice, held in 1974, Folks’ Justice Southern Style,” 4StudentLawyer (December recommended full time prosecutors on a regional basis. See 1975), 18-22, 51; and Bryan Wolley, “Lay Judges: The Frederick Woleslagel, Report on the First National Confer- Illiterate Bench,” The Nation (October 4, 1975) 304-6. See ence on Rural Justice (Denver: Institute for Court Manage- also Crouch v. Justice of the Peace Court. 440 P. 2d IO00 ment, 1974). p. 15. (Arizona, 1968); Hill v. State, 298 S.W. 321 (Arkansas, gWoleslagel, ibid., p. 16. 1927); City ofDecatur v. Kushmur, 253 NE 2d 425 (Illinois, ‘Osee Gideon v. Wainwrighr, 372 U.S. 335; In re Gault. 1969); State ex rel. Swann v. Freshour, 410 SW 2d 885 387 U.S. 1; andhgersinger v. Hamlin, 407 U.S. 25. (Tennessee, 1967);State ex rel. Moats v. Junco (80 SE 2d 74 “National Legal Aid and Defender Association. The West Virginia, 1971). Other Face of Justice (Chicago, 1973), p. 39. See also 4See Kleps, Ralph N. “Contingency Planning for State National Center for State Courts, Implementation of Arger- Court Systems,” 59 Judicature (August-September 1975) singer v. Hamlin (Denver: National Center for State Courts, 62-66; and Kleps, “Crisis Planning for Court Reorganiza- 1973). tion,’’ 60 Judicature 268-71 (January 1977). “National Legal Aid and Defender Association. The 5F~ran example of such a rivalry, see Larry Berkson and Other Face of Justice. pp. 13-20. Steven W. Hays, “Injecting Courts Administrators into an I3Ibid., pp. 38-40.

Training Court Personnel

Training is the greatest concern of court per- seminar organizers, and conference centers-are sonnel in rural areas. In our surveys and inter- less likely to be immediately available. The judi- views, probably no subject was mentioned more cial personnel are often unable to attend training often than continuing education. In the work- sessions because they have to travel a great dis- shop for personnel from Montana and Wyoming, tance, there are no staff replacements while they half of those responding listed training as the are gone, and there are no available funds for single most important need for the improvement either temporary help to replace them or reim- of their system. Another 40 percent listed train- bursement of expenses. With greater provision ing second or third among the priorities. In a by the state judicial system of continuing educa- 1974 survey the circuit judges of Kentucky gave tion programs, these barriers are being reduced, a similar priority to training. but are still present. When interviewed, one district court clerk noted that she had received no Formal Continuing Education training in the two years she had been on the job Training may be more important in nonmet- and that she had taught herself how to run her ropolitan areas than in areas where the courts office. She expressed the hope that she could have larger staffs.2 In rural areas where the staff train her successor so that another two years of is small, personnel must be generalists with a effort would not be required. working knowledge of many tasks; in an urban States can accommodate the training needs of area a judge or court employee may specialize in rural court judges in a rigorous training program. a relatively narrow field. Further, when the staff The states can use the services of the National is large, there is a high probability that someone College of the State Judiciary and the American in the office will know how to react in a given Academy of Judicial Education, which offer a situation, The greater isolation in rural areas wide variety of programs for appellate, trial, and forces a court employee to rely on individual lower court judges. They offer a general treat- judgment more often. With fewer opportunities ment of pretrial and trial procedures as well as to consult informally with colleagues, the judge courses on changes in federal constitutional law. or court employee in a rural area must occasion- These programs are nationally oriented and are ally act on misinformation or on an educated suitable for judges of various courts. Since each guess. state’s laws, procedures and court organization In spite of this greater need, training is proba- differ, many states have established original or bly more difficult to accomplish in rural courts carefully adapted training programs in which the than in larger courts. The facilities and state, rather than an outside organization, trains expertise-including trainers, conference or rural and urban judges and other court personnel. 25 26 Rural Courts

Judicial training could include many subjects and seminars held in a central location, are essen- in addition to courses or seminars in substantive tial, but they may not be enough for rural person- and procedural law and court management. For nel. The programs (several are described below) example, Idaho has developed a special course in must overcome the distances and dispersed judicial demeanor for incoming trial judges. The population that characterize the rural environ- American Academy of Judicial Education has ment. conducted a similar course in its national training Regional training sessions. If court personnel programs. often find travel to a central location difficult, the state can prepare a series of regional training The Idaho judicial demeanor course includes sessions. Judicial educators could conduct a dramatizing a mock trial with actors and vid- seminar in different locations throughout the eotaping the judge’s performance. Speech and state. Not only would travel time be reduced for drama experts conduct the course. The judges most participants, but the educators could select are subjected to a variety of stress producing the best dates for the participants. School au- courtroom situations. Various alternative re- ditoriums or similar halls are probably available sponses are examined by the judges and speech in most cities and towns. Since the number of experts. The videotape is critiqued by speech participants would be relatively small, confer- experts and other student judges to allow each ence arrangements would be simple. judge to see himself as he is seen by the public. The course also offers a videotape on nonverbal Texas has established such regional programs communication, demonstrating how messages for its justices of the’peace. A program of forty are conveyed through body language to others in hours of mandatory training for newly elected the trial. justices of the peace (twenty hours of training for previously elected justices) is provided for lay Other court personnel need continuing educa- judges. The curriculum includes material on in- tion. Prosecutors and defense attorneys need to quests, driver’s license suspensions, review ex- be as familiar with the law and the changes aminations, forcible entry, alcoholic beverage within the law as judges do. Attendance at na- laws, the new penal code, and search warrants. tional colleges operated by professional pro- The sessions also cover judicial ethics, game secutor and public defender associations could laws, administrative hearings, setting bonds, be supplemented by in-state training programs. traffic laws, arrest with and without warrant, and Court administrators and clerks also need in- attorney general opinions. These training ses- state training programs as well as exposure to sions are conducted by Southwest Texas State courses such as those conducted by the Institute University with funds from the Law Enforce- for Court Management. As procedures change, it ment Assistance Administration. is often the clerks who must adjust the most in areas such as probate, domestic relations, traffic, Roving trainers. It is also possible to send an and automobile “no-fault” statutes. individual or a team of trainers into the field. In order to provide training most effectively to They could travel through the state, stopping in the rural areas of a state, court systems should the county seats to instruct court personnel in consider several different means of reaching the each location. This type of training is ideal when personnel there. Each of the four states studied in all personnel, not just selected representatives, this project has an active training program. Reg- should receive the instruction and where several ular state programs, including periodic meetings groups of court personnel can be brought to- Training Court Personnel 27

~--- -_I ..lll_ gether. For example, both clerks and limited any unanswered questions and--theWjiKdgE$ jurisdiction judges could attend a session on traf- hear presentations from court personnel and al-/ fic laws and court procedures. Almost all court lied agencies such as mental health, welfare, and personnel as well as the county auditor or treas- 'state highway patrol. The videotape for the urer (if the county has financial control over the 'magistrate and district judges runs for eight' I court) would be interested in a session on court Ihours, and it includes both lectures and prob-, accounting. In such a situation, each participant ems. The circuit judge tapes include only prob-1 would profit from the attendance of other ems and run for three hours. I groups, and the chances for a satisfactory rela- , The Virginia judges are apparently quitei I tionship among them would be enhanced. If the ,pleased with the training program. Although it) training programs require special equipment, the was designed for incoming judges, a consider-i educators might use a van in their travels. able number of incumbents have requested the! The advantage of this method is individu- 'material, and the state's administrative office is1 I alized training. It is directed from a central au- delighted with their interest. I thority to preserve uniformity, but emphasizes -_--_-___^___ ll___lll_l___--- the local group and the interactions within it. It This training method is desirable when inter- also demonstrates the desire of the state judicial action among students and teacher is less impor- system to work with the local personnel. tant than the lesson to be learned. For example, Recorded training sessions. A state could also basic constitutional law could be presented develop training programs on audio cassettes or clearly and concisely to nonlawyer judges, or videotape. Combined with an appropriate man- new judges could receive orientation programs ual or workbook, they can be sent to individuals to acquaint them with their jurisdictions and re- or groups throughout the state who can then sponsibilities. When solitary learning is not the receive the instruction in their towns or even in best means of training, the state might consider their homes at their leisure. Home television sets one of the other methods of education. can be adjusted to play videotapes, or the necessary equipment can accompany the tapes or cas- Developing Other Mechanisms for settes. The trial judges could even listen to audio Information Transfer cassettes in their cars while traveling throughout In addition to regular formal training pro- the circuit or district if the state supplied the grams, personnel in all court systems need an necessary equipment for the car. effective flow of information. Judges and court

-__- -~ __ --" - --x employees should be made aware of changes in / The American Academy of Judi law, procedure, personnel, and related events as ,has prepared training material for i they occur, not several months (or years) later in 'cuit judges, district judges, and magistrates a seminar. Personnel in an urban court system :Virginia. The material includes videotapes, a have an informal source of information through companying scripts, workbooks, and answers frequent contact with many colleagues. In arural the problems set forth in the tapes and wor court, isolation may develop. Without regular ,books. An incoming judge automatically re- contact with the wider court community in the ceives the material at home, and the judge may state, the personnel in a small town soon cease to identify themselves as part of that larger group. As a result, they may feel cut off from professional developments. In the four states studied in this project, the 28 Rural Courts

general jurisdiction trial judges maintained an manuals are particularly important. The person- effective communications network either by nel may be unaware of changes in rules or case phone or during their travels. The lower court law or their ramifications. The lower case load in judges, clerks, and other judicial employees, rural areas means that particular situations will however, frequently mentioned their desire for arise infrequently. Since rural court personnel increased contact with their colleagues. In addi- may encounter particular situations less often tion to formal training seminars or workshops, than those in an urban court, a bench book or there are at least five means of transferring in- manual is a key resource. formation throughout the judicial system: bench The successful use of these resources is de- books and manuals of procedure, newsletters, pendent upon two factors. First, those who will formation of associations, dissemination of in- use a volume should determine its format and formation on model projects, and technical as- contents. The judges, clerks, court reporters, or sistance. other personnel should decide, probably through Bench books and manuals of procedure. The a committee, what material to include and how to bench book or manual promotes standards of present it. A draft can be prepared by the com- procedure and performance. Judges come to the mittee, one judge or other delegated employee, bench with little formal training in their new members of the state court staff, or an outside roles (as distinct from training in the law). consultant working under contract. Then the Clerks, whether appointed or elected, often committee should review the draft to ensure that begin with even less formal training. Many re- it meets the requirements. The second factor is ceive only an apprentice education as a member that the volume must be up to date. New statutes, of the clerk’s office staff. While the apprentice- case law, and rules should be incorporated as ship is certainly valuable and better than no train- soon as possible into the bench book or manual, ing at all, it may institutionalize errors or inef- or, like a book of statutes without the pocket ficiencies under the rubric of “it’s always been parts, it quickly becomes outdated. Also, the done this way.” The bench book or manual users of the volume should be able to suggest should be a handy reference to statutes and rules improvements in the text. A committee or out- and an explanation or checklist for complicated side consultant should carefully review the vol- procedures. While it need not force each em- ume every year or two. ployee into an inflexible series of actions, it Of the many types of bench books and manu- should establish guidelines or mileposts for als that could help judges, one of the most useful properly fulfilling each major task. concerns sentencing. A judge who works with- Each of the four states studied has some kind out a great deal of collegial contact lacks the of bench book or manual, but none has prepared opportunity to discuss appropriate sentences in a volume describing all of the major a~tivities.~ particular cases. In order to provide for more One state may have a bench book for limited uniform sentences and to increase judicial sen- jurisdiction judges but not for general trial tencing skills throughout the state, Idaho de- judges. Another state may have a bench book for veloped a sentencing manual. Included in the criminal trials but not for civil. One state may manual are chapters on the role of the judge in have a manual for handling support payments but sentencing, the role of counsel in sentencing, not for traffic cases or probate. None of the states guilty pleas and their effect on sentencing, pre- has completed an up-to-date comprehensive sentence procedures, sentencing procedures, guide to the crucial area of sentencing. sentencing alternatives, probation, correction or For a court in a rural area, bench books and reduction of sentences, special areas of concern, Training Court Personnel 29

------__._.__I____I-- and a master checklist for sentencing. This man- bookkeeping, the manual allows continuity, not, ual provides a new or untrained judge with much only within a court, but between neighboring of the information necessary to sentence with courts. The manual has enabled members of one/ reasonable guidelines. rural court to cross county lines into another rural! - -- court and help out with their books. Recognizing the need for accurate and consis- - __ -_------. tent court statistics, the Louisiana State Supreme Newsletters. To supplement the transfer of Court developed a “Clerks of Court Statistical‘ information about laws and proper procedures, a Reporting Manual.” The manual provides in- statewide newsletter can provide information structions for the uniform submittal of caseflow about people and ongoing activities. A regular, data to the state judicial administrator. Data widely circulated newsletter helps rural court gathered and subsequent periodic reports cover personnel feel that they belong to the judicial the following areas: listing of pending cases, system. open case listing within age groups, case sum- In most cases, the state court administrator’s mary, caseflow summary, civil dispositions, office is the best equipped to publish and distrib- criminal dispositions, juvenile dispositions, ute the newsletter to judges, clerks, court report- criminal sentences, juvenile referrals, time ers, and other court personnel. Certainly, the analysis of terminated cases, time analysis by newsletter will have wide appeal if it includes the type of trial. following: Reports on the above areas are prepared and - Introduction of new personnel, ‘distributed to each clerk, parish, court and dis- - Explanation of pending or recently enacted trict for their own use. The state system is flex- legislation or rules which would have an ef- ible and new combinations of data can be pre- fect on the persons in the system, either per- pared as needed to meet the administrative re- sonal (such as those regarding salary or quirements of increasingly efficient court man- fringe benefits) or job-related, agers. - An explanation of any major studies or programs the state court system proposes to conduct or that the courts could use, - A report on any major proposals made by a The Nebraska Accounting Manual provides a duly established committee or association uniform accounting system along with stand- within the court system, ardized bookkeeping forms to be used in all - A list of relevant events, meetings, or other ninety-three counties, urban and rural. The man- activities of interest to the court personnel in ual is designed- to guide the untrained book- the state. keeper in accounting. It is, therefore, parti Without some regular communication from larly helpful for nonmetropolitan courts. In th the supreme court or court administrator, em- smaller courts with limited staff, the manual is ployees who work far from the state capital may used as a reference book to answer any questions develop a sense of greater affinity for their local that may arise concerning bookkeeping func- government than for the judiciary as a separate tions. It is also a step-by-step guide to specific branch of government. If all they receive from procedures. the state court administrator or the supreme court It appears to be a greater help to the rural is more forms to fill out and more work to do, ,courts because of their lack of sufficiently then even this low level of allegiance to the trained staff. By providing a uniform method-of judiciary may be in jeopardy. On the other hand 30 Rural Courts

their commitment to the system should increase has been written about the difficulty of deliver- if they perceive that the court administrator and ing judicial service to dispersed populations. Na- the appellate judges and chief trial judges want tional publications also concentrate on themes of them to be aware of current developments and high volume, large backlogs, racial or ethnic involved in the system. community pressure, and other topics of more Associations. State, regional, or national as- concern to courts in an urban environment. sociations for court personnel fill at least three When outside consultants have tried to help functions: transferring information, reducing rural courts, they have too often imposed the a sense of isolation, and fostering profes- systems designed for metropolitan courts on the sionalism. All of these purposes are particularly rural area. They have recommended scheduling relevant to’ courts in nonmetropolitan areas, and recordkeeping systems that are efficient for where lack of effective contact with colleagues is high volumes, jury utilization schemes geared to common. large numbers of jury trials, and other similar Judges have formed their own statewide asso- approaches. Sometimes these programs work ciations in most states. In each of the four states satisfactorily but often they do not. In certain studied, the general trial judges have a group areas of operation, rural courts might develop a with regularly elected officers; in two states the new series of model projects and recommended membership includes the appellate judges as techniques. Then technical assistance efforts well. The lower court judges have an association will be able to promote and disseminate these in at least three of the states. ideas. These associations need not be complex (in Some capacity for technical assistance can most cases full-time staff is unnecessary), but exist within a state. A state court administrator’s they can give each judicial employee better ac- office could include, for example, a staff cess to information about courts throughout the member skilled in accounting and budget state, especially when regular or annual meet- analysis. If an individual court encountered a ings sponsor discussions of matters that affect problem in that field, the staff member would the group. Associations also tend to foster in- assist the court employees in resolving it. creased informal communication among the members of the group. The staff of the state court administrator’s Technical assistance. Most of the literature .office in Michigan conducts such a program. A and model projects concerning court operations regional court administrator who is part of the are based on an urban or metropolitan environ- state office developed a guide for the detailed ment, and most of the available technical assist- study of internal district court management. A ance reflects the existing literature and model study team made up of a district court administra- projects. Nonmetropolitan courts, and organiza- tor and the regional court administrator from the tions which hope to support them, could develop state court administrative office use the guide in their own capacity for technical assistance in the examining every phase of a local court’s opera- areas of distinctive concern to these courts. tion. Recommendations based on their findings The concerns of the employees of courts in are made to the local judge. rural areas involve a lack of resources, part-time The Michigan approach has several benefits. or poorly trained personnel, a sense of isolation, It provides assistance to local courts in reviewing and an inability to deliver quality services to a their own status and upgrading their operation. It dispersed population. Much of the national liter- also provides for systematic review by the state ature reflects similar priorities, although little court administrator’s office of local compliance- Training Court Personnel 31

'with court ruleS-Gd statutes.-The -1OCd-COu~ Rural courts should be aware of existing na- 'studies assist the individual courts, and they alsoI tional technical assistance programs. The Law lprovide a valuable contact between the state Enforcement Assistance Administration has jcourt administrator's office and the local courts! supported as a prime technical assistance re- Finally, this approach promotes uniformity source American University's Criminal Courts within the state's district courts. The system isI Project, which provides quick service on request

now being implemented for use in urban courts. ~ to any criminal court. Other organizations offer ______. --~".- -__I technical assistance. The National Center for Traffic cases are frequently the most numer- State Courts operates a general technical assist- ous cases before rural judges. In some rural areas ance service and offers help in specific project which lie on state borders or major state arteries, areas such as planning and court statistics. these traffic cases create a backlog nearly as While local court personnel strongly desire serious as the backlogs plaguing major met- more training programs, the rural environment ropolitan courts. makes the design of the programs more difficult. Personnel are dispersed, they sometimes work In Nevada, a special study is under way di- only part-time, and they have difficulty leaving rected toward alleviating the heavy burden of their jobs to attend a seminar. State programs traffic cases on rural courts. Under Nevada's minimize these difficulties through regional ses- recently passed legislation calling for a unified' sions and the other training programs outlined court system, a traffic court specialist has beed above. appointed to determine the unique needs relating to traffic cases of rural justices of the peace. The NOTES traffic court specialist is conducting a statewide survey to investigate and report on the problems 'Kentucky Modef Courr Srudy (Lexington, 1975), pp. 11-12. and procedures that exist in rural courts. At thd ZForadescriptionof state judicial education programs, see conclusion of the study, systems procedures and Barbara A. Franklin, State Judiciaf Training Profile (Den- personnel rules will be incorporated into an im-: ver: National Center for State Courts, 1976). 3For a detailed discussion of the use and structure of bench proved model for rural court operation which books, see Robert A. Wenke, "Benchbooks and Manuals of will become part of the new state court system. Procedure: Practical Guides for Bench and Bar," 53 Neb-

,__- _I . I_ ___. __ - - ll.l" ~ - raska Law Review, 521-539 (1974).

5 Overcoming the Problems of Distance

Distance is one of the basic geographic factors courts, and the amount of staff assistance avail- affecting the rural courts studied in this project. able to each judge are other important factors in In a metropolitan area, the court is located rela- the creation of more judgeships. However, the tively close to the citizens and the legal commun- extent of urbanization is one critical factor. ity which it serves. Court services in a metropolitan area may be more easily centralized for Case Scheduling greater economy without presenting a major in- In most states, general jurisdiction trial courts convenience to the public.' In rural areas, cen- in rural areas usually operate in multi-county tralization of services could require court users to districts or circuits. (California and New York travel many miles. If the courts are decen- are two significant exceptions.) By statute the tralized, however, each court may not have judge or judges must hold court in each county enough work to support full-time personnel at for a certain number of terms-usually from two competitive salaries and to support-the cost of to four-per year. In practice, the judge usually modem equipment. Although this tension cannot sits in his principal county a majority of the time be completely resolved, technology can help a and visits other counties of the district (except rural court with a local orientation to reduce its sometimes the smallest ones) for several days a inefficiencies. month. In effect, then, the judge is managing Table 8 illustrates the effect of distance on trial several court operations simultaneously. In courts of general jurisdiction. Generally, as the western states especially, the various courts may land area served by each judge decreases, the be several hours away from the principal county number of persons served increases. Wyoming court. In states with a widely dispersed popula- increased the number of district judges to fifteen tion, an outlying county seat may be 400 miles in early 1977, but even at that level each judge from the judge's home chambers. It is thus ex- serves citizens over an average of 6,480 square tremely difficult for the judge to keep track of the miles. By contrast, the general jurisdiction judge activities and developments in these courts, and of Connecticut serves an average area of 104 to coordinate the schedule so that all of the courts square miles. The Connecticut judge can tend to receive adequate attention. the judicial needs of 67,383 persons; distance The most common way to handle court busi- limits the Wyoming judge to 22,161. ness in outlying counties is to block off a certain These comparisons are not without fault. Dis- number of days each month to travel to those tance is not the only consideration for determin- counties. In a survey of judges in North and ing the number of judgeships. Population, court South Dakota, 83 percent followed this structure, the extent of jurisdiction of the lower technique, although most of them also made 33 34 Rural Courts

special trips when particular cases were ready for a clerk to coordinate the schedule of each court their attention. This method may allow for a for which the judge is responsible. The trial court reasonable approximation of the days a judge administrator or the scheduling clerk would es- should sit in each county, butit does not guaran- tablish a rough guide of the amount of time tee efficient allocation of a judge’s time. Cer- needed for each court, either by designating certainly, it requires a considerable amount of un- tain days each month or by a more sophisticated productive time for travel (although it is possible system such as weighted caseload. Then the to make use of the time by giving the traveling scheduling clerk would monitor case filing and judge a tape player and a series of cassettes with activity in each court. Frequent use of the tele- lectures on some aspects of the law). Travel is phone would allow the clerk to do this job; one especially costly if the judge arrives at his desti- method would be for the clerk to call each court nation and finds that last minute changes in the at the end of a working day and learn what cases schedule caused by settlements, guilty pleas, had been filed and what activity related to unavailability of witnesses, and other factors scheduling took place. The clerk could use a case have left little or nothing to do at the destination. tracking system to schedule each case. Attor- The volume of work varies; on one visit the judge neys could be asked to make requests for may have little to do while on another there may scheduling changes directly to the central clerk. be too much work. Then if it appeared that few matters would be These problems can be reduced by designating ready on a day regularly scheduled in an outlying

Table 8 Judicial Apportionment Over Distance Persons Population Land Area Sq. Mi. Served State ( 1970) (sq. mi.) No. of Judgesa per Judge per Judge Wyoming 332,416 97,203 15 6,480 22,161 Montana 694,409 145,587 28 5,200 24,800 North Dakota 617,761 69,273 19 3,646 32,513 South Dakota 666,257 75,955 36 2,110 18,507 Utah 1,059,273 82,096 21 3,909 50,442 New Mexico 1,016,000 121,412 32 3,794 3 1,750 Texas 11,196,730 262,135 235 1,115 47,645 Colorado 2,207,259 103,766 98 1,104 23,48 1 Mississippi 2,233,000 47,296 49 965 45,367 Arkansas 1,923,295 51,945 55 944 34,969 Georgia 4,589,575 58,073 86 675 53,367 Iowa 2,832,000 55,941 85 658 33,317 Missouri 4,677,399 68,995 112 616 41,673 Kentucky 3,230,000 39,650 83 47 8 38,916 Michigan 8,889,000 56,817 138 412 64,485 Virginia 4,648,494 39,780 105 379 44,271 Maryland 3,922,399 9,891 55 116 46,146 Connecticut 3.032.217 4.682 45 104 67.383

~ Source: 1970 Census of Population and Annual Reports of the State Courts. a General trial jurisdiction. Overcoming Problems of Distance 35

county, the judge could either go for a half-day them to give his signature. This inconvenient and or postpone the trip until the calendar justified a time-consuming procedure could be eliminated full day.2 with a document transfer unit which could The expanded use of technology could reduce transmit a signature. In some situations, a court the need for travel and thereby enable a judge to might consider allowing telephone approval of use his time more effectively. If it were econom- some matters with proper precautions against ically feasible, closed-circuit television would abuse. -- - -.- permit the judge to handle pretrial conferences, Georgia has developed a system for the motion hearings, and other comparable matters monitoring of felony warrants. It was created without traveling. Closed-circuit television for after a rural circuit judge became concerned that some matters, of course, may not be advisable, felony warrants-issued by justices of the peace although by stipulation of both parties it may be who might become vulnerable to political

permissible. A document transfer machine or the pressure-were “dropping through the cracks. ” mail could reduce the travel for a judge when An important feature of the Georgia felony only a signature is required. warrant tracking system is that it is flexible 1 Some nonmetropolitan court systems have re- ‘enough to satisfy local needs and limitations. In duced judicial travel by encouraging the filing of the system, a master tally sheet is kept and all cases in the judge’s home county. Statutes usu- pertinent information is entered on it: a copy of ally require that a criminal matter ordinarily be the felony warrant is sent by the sheriff or justice heard in the county in which the alleged crime of the peace to the office where the master tally is occurred, but most other types of cases can be kept; indigency information is added; the sheriff filed anywhere in the state. If most litigants, adds additional warrant status data; arrest and then, come to the judge, judicial travel would be release dates are transferred from the jail list; drastically reduced. Such a practice, though, in- ;bimonthly reports containing all felony warrant volves other costs. The litigants would have to jinformation are prepared by the clerk’s office pay for the unproductive time in which their land sent to the office where the master tally sheet attorneys were traveling to the court, and, since is maintained; and finally, monthly management the volume of work in the judge’s home county reports based on the master tally are prepared. __ -. - - - ____ - __. would increase substantially, the court and Many courts could improve their paper flow clerk’s office may have to add staff. Under a by changing their docketing procedures. Some system of county finance, the result of such a rural courts, perhaps less affected by the general system would be that one county would finan- rise in litigation, may not have been forced by cially support the litigation of another county. volume to streamline their records. Some courts Once these problems are solved, this technique use the same dockets that they have had for would be more acceptable. generations, and newer forms and procedures could save time and money. Paper Flow TeFraska haiZ3tablisEed a card form docket In some rural jurisdictions, established proce- ‘for its traffic cases that demonstrates such an dures require court personnel to travel when it improvement. Traffic cases make up a large per- may not be necessary. Some justices of the centage of the work of many limited jurisdiction peace, for example, are on call day and night to courts, and those in Nebraska found a simple sign warrants. If one town has no justice of the way to handle the paper work. peace, the law enforcement officers call the The form solved several problems, among which were the need to provide some system of nearest one and sometimes ask him to drive to .-. 36 Rural Courts

short-range filing and the requirement that rei-- In 1975 thie North D-&ota Supreme Court rec: ords of moving violations be sent to the licensing ognized the need for more timely and accurate authority. The new forms are card packets with caseload information. The volume of cases han- carbons. They are in a continuous form which dled by the judiciary had increased significantly enables the clerk to fill in several forms in quick over the previous five years, often creating de- succession without removing and placing each in lays and growing backlogs, especially in the the typewriter. The completed forms are filed district court. Proper caseflow management and alphabetically. Subsequent activity is added to the need to eliminate these backlogs demanded the card by hand until the final disposition when timely information on actual case status. In the form is decollated and a copy forwarded to January 1976 the District Court Case Reporting the department of motor vehicles. System was implemented to provide this neces- This form has eliminated the cumbersome sary information. By mid-1977, the reporting docket book and has improved both the quality of system will operate in the supreme court, the records maintenance and the efficient use of re- county courts, and the county justice courts. sources. The information system designed for use in The lack of uniformity between courts in their North Dakota records the filing and final disposi- systems of recordkeeping presents special prob- tion of each case and the occurrence of key lems to judges working in an unfamiliar court. events within each case. Simple check-off re- For this and other reasons, Missouri has im- porting forms are prepared in triplicate by the plemented a uniform manual records system clerk whenever a case is filed. One copy is for- which establishes standards for recordkeeping in warded to the state court administrator for pro- clerks’ offices throughout the state. It stems from cessing and two copies remain with the case file. a legislative mandate to the state supreme court When the case is disposed of, the clerk com- to make rules relating to records in clerks’ of- pletes the second copy and forwards it to the state fices. court administrator. If the case has a long life, a The new Missouri system establisties stand- similar check-off form is completed by the clerk ardized forms and procedures to be used by all each time a key event occurs. clerks in their court recordkpeeing. A further The state court administrator’soffice edits the provision is that monthly reports from the clerks’ completed forms and prepares them for compu- offices be submitted to the supreme court to be ter processing. The edited forms are batched and computerized. This provides for a computer processed by State Central Data Processing and bank of all court records throughout the state. distributed monthly to the state court administra- From this bank can be drawn whatever manage- tor, the supreme court, and the judges and clerks ment information alocal clerk orjudge requests. of the courts concerned. Judges can make sure that recordkeeping ac- This process permits the court to maintain a tivities in their courts are uniform and that cases progress file on each case, to eliminate duplicate are not lost. The system also provides for a reporting, to reduce the clerk’s reporting time at statewide data base which could be used in plan- the end of the accounting period, and to furnish ning and resource allocation. the supreme court with current information for Several states have established centralized managing the courts. management information systems. Such systems The use of microfilm may also improve paper may be particularly helpful in states with large flow in rural courts. If space is at a premium or if rural areas because they can help to overcome the certain records must be stored at an inconvenient isolation of the individual court. location, the court should consider microfilming Overcoming Problems of Distance 37

its records and destroying the originals, particu- feeling of ignorance. The use of questionnaires larly of inactive files.4 With an efficient schedule to prospective jurors can reduce the time and for records destruction, microfilm can reduce the tedium of the voir dire examination, since those amount of space necessary and increase the ac- who do not meet the statutory requirements may cessibility of the pertinent records. Each court be excused. Allowing the attorneys to consult the would need one or more readers and files, but completed questionnaires will also expedite the little additional equipment. Perhaps the state or a voir dire. For most rural courts, automation of group of counties could establish a mobile mic- the jury selection process, including the making rofilm system. With such a system, the camera of jury lists, the initial selection of names, the (and a trained operator) could visit each court mailing of the questionnaire, and the selection of periodically. The film would be processed, in- those to be called for service, may not be feasi- spected, and duplicated at a central facility, and ble. It would be possible, however, to centralize the original court would receive a copy. these tasks. The state could use a computer to Jury Management provide this service for all rural counties, and the Citizens called to jury duty present a difficult local courts would then be able to use their own personnel in other jobs. management task for all courts. While jurors _" - ~ - - __ should be inconvenienced as little as possible, Danville, Kentucky, is a city of approximately they often are subject to factors that are often 15,000. Many jurors must come in from the, outside the court's firm controL5 In a metropoli- surrounding countryside. In an attempt to limit tan court, if one case settles or requires a con- the inconvenience incumbent with jury service tinuance, another jury case can frequently take and to also impress upon jurors the value of their its place. In a rural court, such a substitution is service, the court has implemented a jury man- more problematic. There are only a few jury agement program. This program has several trials, and judges who try to put them on a kacets . schedule together frequently manage to jux- - Jury duty information: The juror is requested tapose only two or three. If one drops out of the to cany a card on which is printed the phone schedule at the last minute, the pool of jurors number of the court's special information could be left without a case to hear. service. The juror is instructed to call the The best thing the court can do in such a number each evening to listen to a pre- circumstance is to inform the potential jurors of , recorded message which will advise the any change in schedule as soon as possible. i prospective juror if he is expected to report Some rural courts have established a special for duty the following day. The card is de- telephone line. On the day for which a jury has signed by color and size to stand out among been called, members of the jury panel call the other things a juror may carry, and the print is number and hear a recorded message giving ' deliberately big. them up-to-date information on the status of the - Juror questionnaires: A questionnaire is scheduled cases. If the schedule has changed, the mailed to the prospective juror with the citizens need not make an unnecessary trip to the 1 summons, This questionnaire is used by the courthouse, and the court saves the money it defense and the prosecution for purposes of would otherwise have to pay in jury fees. , voir dire. A post-jury questionnaire is sent to Some of the jury management techniques de- the juror to determine his opinion of his ex- veloped in urban courts can apply in the rural perience as a juror. environment. Juror orientation programs or jury - Juror cards: Rather than calling roll or using a handbooks can reduce the juror's uncertainty and pun_chrin time card, the court has for each 38 Rural Courts

juror a card in a rack at the entry of-the Depositions recorded on videotape might help building. The juror simply removes the card the court to better control its schedule. The vid- from the rack when he enters and hands it to eotape will allow the court or jury to watch the an attendant at the door. He is also given a witness for nuances of meaning or various ex- “juror” button to wear and a juror card per- pressions not exhibited in a written deposition. mitting him to park free at meters when the Of course prosecution and defense counsel card is displayed on the automobile would need to be present at the deposition with a dashboard. full opportunity for examination of the witness. Jury handbook: Each juror receives a hand- Court Reporting book explaining logistics of the courthouse, The various alternatives to traditional short- privileges he receives and other instructions. hand and stenograph court reporting-including Letters or certificates are presented to each videotape, multi-track audio recording, comput- juror upon completion of jury duty, and er aided transcription, stenomask, and voice comments are solicited for improving the writing-are available to courts in both urban jury process. and rural areas.6 The alternative that is probably Even though it may not be possible to try most adaptable to a rural setting is multi-track several jury cases together, courts could call a audio recording, a technology which Nebraska large jury panel and select the jurors for several and several other states are now widely using in prospective trials. their limited jurisdiction courts. Audio record- The Scottsbluff County Court in Gering, Neb- ing, with proper equipment and a trained raska, has developed a program that reduces the machine operator, can provide just as complete a waiting time forjurors. The voir dires for several transcript as the traditional methods. It could cases are scheduled together, SO a particular have particular application in a rural court for panel must report only once. At the beginning of two reasons. Some rural courts may be unable to each month the court holds the voirdire examina- attract a trained court reporter because of salary tion for every case scheduled for jury trial during level, availability of work outside the court, and that month. Once selected for a particular case, 7 the reporter’s willingness to live in a rural area. the jurors (and alternates) do not have to report Someone other than the machine operator could back to court unti1 the case is heard. Upon their easily transcribe the audio tape, whereas a short- selection, the jurors are told when the case is hand reporter frequently must transcribe or dic- scheduled and again a telephone service provides tate his own notes. In a rural setting with fewer information about any change in the schedule. personnel available, this flexibility could allow the machine operator to attend more trials than a Availability of Witnesses traditional court reporter could. One of the most common reasons for granting continuances to cases ready for trial is that a key Applied Technology witness is unavailable on the scheduled day. The One problem common to many rural courts is problem is accentuated in a rural environment: that of communication between the county or witnesses may have to come to the court from district courthouse and outlying courts within the throughout the country, and expert witnesses are same jurisdiction. Monroe County, Florida, con- very likely to have to travel from a metropolitan fronted with this problem, turned to technology area. The increased use of depositions, particu- for a solution. larly with expert witnesses, may reduce the need Monroe County extends from the Florida for continuances. mainland south 120 miles to Key West. As the Overcoming Problems of Distance 39

county seat, Key West had historically served pretrial motions and medical authorizations; the county residents. Population increases and dis- clerk sent witness subpoenas and lists; and the tance resulted in the opening of field offices in court executive used the telecopier for engrossed the middle and upper part of the county. legislative bills, trial dockets, and attorney gen- In the case of the court, branch courthouses eral opinions. were established to serve as the location for the An evaluation of the use of the telecopier hearing and trial of cases and the filing of traffic found that it was most valuable in supplanting and misdemeanor cases. Original filings of civil postal or courier services for time-vital com- cases, however, were to be maintained by the munication. county court. This necessitated many duplicate These various technologies and programs copies and the transfer of significant amounts of could reduce the problems created by distance paperwork. Because some of the duplicate files affecting individual courts in rural areas. These were illegible, conducting hearings of claims problems cannot be eliminated, but the incon- was difficult. In response to these and other veniences of distances can be reduced in the problems, the county court and each branch were operation of rural courts. also located in offices staffed by the state’s attorney, public defender, and clerk of court as well NOTES as the sheriff‘s substation and the court executive ‘The high degree of centralization of court services in urban areas has its own problems. There are now increasing office for the Sixteenth Judicial Circuit. pressures for decentralization of courts in urban areas as The telecopier is a portable facsimile “trans- evidenced by the growing interest in the development of ceiver.” Each unit is capable of either transmit- neighborhood dispute resolution centers. ZAlthough it does not address the multi-county jurisdic- ting or receiving over ordinary telephone lines tion, the most succinct treatment of case flow management is information from another similar unit. The pro- Maureen Solomon, Caseflow Management in the Trial Court cedure is as follows: (Chicago: American Bar Association Commission on Stand- ards of Judicial Administration, 1973). To transmit a document, the person dials the 3For a useful analysis of the potential applications and telephone number of a receiving station, inserts limitations of oral search warrants, see: Paul D. Beechen, the paper into the cylinder, alerts the party that he “Oral Search Warrants: A New Standard of Warrant Availa- bility,” U.C.L.A.Law Review, 21 (December, 1973), 691- is ready to transmit, and identifies the transmit- 718. Also, the U.S. Supreme Court recently proposed a ting frequency, that is, either four or six minutes. modification of the Federal Rules of Criminal Procedure to The receiving party inserts specially treated permit telephoned search warrants. Denver Post, April 27, 1976. Congress apparently rejected the proposed change by paper into his telecopier and couples his tele- court rule and a bill was introduced to accomplish the same phone receiver. At that time the transmitting purpose. The bill was not reported out of the House Judiciary party will hear an electronic “beep” indicating Committee. No proceedings of any hearings on the bill were published. ”be new rule would have been similar to the one that the units are ready, and the receiver then used in California. inserts his telephone into the coupler. When the ‘See J. Michael Greenwood, et al, Microfilm and the transmission is completed, a second “beep” Courts: Guidefor Court Managers (Denver: National Center for State Courts, 1976) for a full descriptjon of microfilm sounds. applications to the courts. Many uses were found for the telecopier. The 50f the many works on jury management, the main start- sheriff transmitted complaint and arrest af- ing place for further investigation is Bird Engineering Re- search Associates, Inc. A Guide to Jury System Management fidavits, FBI rap sheets and fugitive warrant (Washington, D.C.: LEAA, 1975). See also the informative photos, mug shots, and fingerprint cards. The section in Woleslagel, op. cit., pp. 6-10. state’s attorney found it useful in transmitting BSee J. Michael Greenwood and DouglasC. Dodge, Man- agement of CourtReporting Services (Denver: National Cen- investigative reports, affidavits, and uniform ter for State Courts, 1976) for a full discussion of court traffic tickets. The public defender transmitted reporting issues.

Building Satisfactory Physical Resources

Adequate court facilities, libraries, and posed to administrative) matters. When a trial is equipment are as necessary to smooth operation not under way, the courtroom and related rooms as capable, well-trained personnel, open com- such as the jury room and conference rooms are munication, and overcoming isolation with not in use. If a circuit-riding judge is not in town, technology. The problem for courts in rural areas even his chambers are vacant. Yet when a trial is providing the physical resources despite the does occur, the courthouse may be very crowded frequent lack of funds and the low population with witnesses, counsel, litigants, jurors, and density. press. On days when acourt hears a large number In 1974, the Kentucky circuit judges re- of routine cases such as traffic matters or ordi- sponded to a wide ranging survey of their court nance violations, the number of people present is problems as part of the Kentucky Model Court multiplied. If the building can accommodate program. Most of the eighty-three (now eighty- these periods of heavy use, then it will be rela- six) general jurisdiction judges resided in small tively empty most of the time. On the other hand, cities and towns. The results showed a lack of if the courthouse is designed to satisfy normal facilities and equipment. Among the eighty- requirements, it will be inundated occasionally. three judges, a significant number responded Traditionally, the courthouse design reflected with the following comments: an image of the community as much as an effec- - 53 judges thought their courtrooms needed tive place to work. It was, and often still is, a modernization; place with wide hallways, high ceilings, and - 48 have space problems in the clerk’s office; other representations of dignity and solemnity. It - 43 have no holding cell in the courthouse for is difficult to replace the old structures. Some criminal defendants; have become historic landmarks and deserve - 40 have no waiting rooms for jurors and preservation. Others may survive because the witnesses; community lacks the funds or the space to build a - 8 have no separate offices; new courthouse. If the building is old and the - 16 pay their entire telephone bills themselves; volume of work has substantially increased, the - 13 supply their own law books; courthouse has to accommodate more court per- - 5 have no typewriters in their offices; sonnel and a higher volume of activity than it was - 4 have no office phones.2 designed for. Employees must occupy desks in hallways or office anterooms. In many rural Facilities counties the courts share the courthouse with The rural county courthouse is typically other county offices, and local government under-utilized, especially for judicial (as op- growth then limits the amount of space available 41 42 Rural Courts

to the courts. and greatly improved the security and circulation patterns within the facility. - With the gutting of one of the old stair tow- The Marshall County, Iowa, Courthouse was ers, the architect was able to install an preserved as a landmark because of strong com- independently supported library stack struc- munity action. Marshall County is a rural county ture for such items as clerk of court and (1970 population: 41,076) in central Iowa. The county agency records storage. This concept courthouse, built in the 1880s, had deteriorated provides four stones of stacks in three stories badly until 1974 when the county was faced with of building space. the decision either to build a new courthouse or - Other features included a new roof, new bell to renovate the old one. Bond issues proposing a tower, restoration of clock and bell, new new facility had failed three times (in 1955, windows and frames, complete aircondition- 1968, and 1972) indicating a community divided ing and heating systems, automatic fire between saving and destroying the old facility, sprinkling system, and full compliance witha which suffered even more from lack of care codes for handicapped access. because of the uncertainty. Marshall County has retained an architectural Finally, in 1974, after a well organized local landmark (the main focus of the Marshalltown publicity effort by a citizens group called “Save public square) and improved it to satisfy modem the Courthouse Corporation,” a referendum was criminal justice requirements. passed to provide funding for a major renovation of the facility. The issue was not one of money (the new facility would have cost less) but of One of the answers to the rural court facilities local pride and affection for the old landmark problem is to design courthouses for multiple courthouse. use. Because rural court budgets are limited and The project architect developed a remarkable existing facilities are often small, architects must restoration scheme which resulted in increasing strive to gain maximum use of space. The court the usable square footage in the old facility by 88 library may double as a grand jury room, witness percent, from 12,650 square feet to 23,740 waiting room, or attorney-client conference square feet. The salient features of his scheme room. A work space for the judge’s secretary included may be located in the judge’s chambers. It may - Addition of a new third floor at the old mez- be possible for the prosecuting attorney, public zanine level which added almost 4,000 defender, legal aid office, and probation depart- square feet to the facility. The old main floor ment to share interview space. had a ceiling height of more than sixteen feet, A work space for the court reporter may be enough to allow construction of a new con- located in the clerk’s office. A conference room crete floor at the midpoint to create two can be used for juvenile hearings, pretrial con- floors with eight-foot ceilings. ferences, attorney-client conferences, and inter- - Restoration of the old (and unused) court- view space. Even the courtroom may be used room added over 2,000 usable square feet. flexibly. Besides trials, it may accommodate - Finishing of the previously unoccupied top town meetings, press conferences, grand jury floor added another 3,660 square feet. proceedings (with proper precautions for secu- - Other changes to eliminate wasteful ceremo- rity and privacy), voir dire, and jury orientation. nial stairways, install elevators and shrink If two courtrooms are available, one may serve wide corridors added usable square footage as a jury assembly room. Building Resources 43

Figure 2 Regional Approaches to Court Facilities

Multi-County Network

Centralized Decentralized Satellite

Population/ A fairly homogeneous population A heterogeneous population mix A good population mix with many Caseload mix with the caseload concen- with varying life styles and inter- shared values and interests; the trated in the urban population cen- ests; population ranging near one population is located mainly. ter; population is less than one mil- million: caseloads are concen- around one major population cen- lion. trated around outlying population ter; outlying suburban or rural centers throughout the region of county areas are very dependent on the adjoining counties. population center; population is less than 1 million.

Fiscal Available fiscal resources are ex- Adequate fiscal resources exist in Inadequate fiscal resources exist in Resources tremely limited; poaled county re- each of the separate counties and all the counties so that separate sources are used or else state fund- each is concerned about maintain- facilities in each county are not ing of facilities and operations is ing its identity and separate facil- possible; some but not all of the available. ity. counties feel it is necessary to have a court facility. Government County governments are coopera- Intergovernmental cooperation is County governments are cooperative, perhaps through a regional difficult to realire: no real regional tive; a regional government or- multi-county government organi- government organization exists or ganization may exist; outlying zation uniting the interests and re- is contemplated; each county courts have only limited jurisdic- sources of all counties in the cherishes independence of the tion, while center has courts of multi-county region; court unifica- political units of government. general jurisdiction. tion may also spur this cooperation. Staffing/ Available professional staff and Staffing and equipment are avail- Professional and non-professional Equipment equipment resources are limited; able in each of the sub-centers so staff is mainly concentrated in the centralizing facilities reduces that decentralization of the court urban population center; outlying problems in providing adequate facilities is not a problem; cen- satellite facilities are connected by staff and equipment. tralized administration is main- computerized information system. tained through a network of computer satellite terminals.

System Cooperative law enforcement Independence of the counties is re- Major detention center is located Resources agencies are available in the ad- flected in the independence of the in population center; there is some joining counties multi-county law enforcement agencies; the ex- police holding in outlying coun- prosecutor and defender system tent of the geographic region re- ties; multi-county prosecutor rides exists; transfer of alleged offend- quires detention facilities near circuit to outlying satellite courts; ers to and from detention facility is each court facility. assigned counsel used in satellite no problem. courts where necessary. Accessibility Highways, parking, and accom- The extent of the multi-county re- Accessibility is not good because modation of visitors to the central gion is large, thus promoting de- of the distances involved; roads are facility are not a problem; location centralization of the facilities; fairly good, yet it has proved of court makes it easily accessible highways are adequate yet in dis- cost-effective to have satellite to all adjoining counties. repair. court facilities. Regional Weather occasionally is a prob- The terrain and geography add to Largely agricultural in nature, Factors lem, but the geography and terrain the differentiation of the counties with industry and commerce cen- reinforce the centralized facility and their sub-center maintains dif- tered in the urban population cen- location; economy of surrounding ferent economic bases: agricul- ter; the geographical area is exten- counties is similar. ture, industry, education, com- sive, yet the terrain does not divide merce. the area; focus is toward the population center.

Courtesy of the National Clearinghouse for Criminal Justice Planning and Architecture 44 Rural Courts

- - -_ - _.I_ - -- ” Clear Creek County, Colorado, is a small rural and-county administration) provides goo county (1970 population: 4,819) located west of orientation for the general public. Denver in the Rocky Mountains. The county - The courtrooms feature movable partitions tcl seat, Georgetown, is an historic old silver min- handle large trials or small, informal hearing community listed on the National Register of ings, as well as public meetings, county Historic Places. Interstate Route 70 passes board meetings, etc. through the county, bringing a great deal of traf- - Future use is flexible because of unfinished fic, especially tourists. space both in the basement and on the second The old county courthouse is a wood frame floor. structure built in 1868 and is totally inadequate - Planning a multi-use facility resulted in great by modern standards. In 1973 the county com- savings in the construction costs for such missioned a study to address the long-term needs things as the central heating plant, and in of the courts, sheriff‘s office, andjail facilities in increased capability of criminal justice and the county. The study proposed construction of a county agencies to share staff, equipment, new court/jail/county office facility on the site and working space. occupied by the old courthouse, incorporating part of the facade of the courthouse into the new Rural courts can also help to overcome facility structure. The architect’s original plan incorpo- problems by combining facilities on a regional rated this idea, but it has since been decided to basis. Several counties could pool available move the old courthouse to a new site. funds to achieve economy in the use of facilities During the planning stages of this project, and personnel. Such an approach could result in extensive technical assistance was provided to’ improved management of the flow of cases and the county and architect by the National Clekg- in reduced travel for judges and other court per- house for Criminal Justice Planning and Ar-t sonnel. chitecture under an LEAA-sponsored contract. One method of regionalization is to carry out This assistance, especially in the area of correc- all court activities at a single location. Regional tions, resulted in the design of a facility which facilities can include both the general and limited provided for variable lengths of stay, security, jurisdiction courts, criminal prosecution and de- and separation of offenders by age and sex. fense services, and the court administrator. This new complex is an excellent example of a Often the various agencies of the county gov- multiple-use facility planned for a rural county ernment could be located in or near the court- with maximum efficiency and resultant cost sav- house, and probation, law enforcement, and cor- ing~.~The project was bid in 1976 at a cost of rectional components of the criminal justice only $26.47 per square foot, a very low figure in network would almost certainly be located comparison with today’s spiraling construction nearby. In a populous area, such a facility could costs. The plan had many outstanding features. be a very large building or group of buildings. In - Each of the various agencies occupying the a rural, multi-county district, however, the cen- facility has a separate identity, including the tralized facility might be‘no larger than a typical jail, the sheriff‘s administrative offices, the metropolitan courthouse. district and county courts, prosecuting attor- An alternate model of regionalization is a ney, public defender, public health nurse and “satellite” system, which maintains some local county clerk, treasurer, and tax assessor. courts with regional coordination. There could - A central lobbylreception point serving the be a central courthouse, containing the courts of three w-ings of the facility (sheriffljail, court,_ general jurisdiction, the central administrative Building Resources 45

Reporter Judge Witness Clerk Bailiffs Defendant Lectern Jury Plaintiff Parties

Jury Room - Spectator Seating for 98

cIImm l-7Tn-T cumn rlln-rn

Parties -- Plaintiff Lectern Jury Lounge Jury Defendant Bailiffs Clerk Witness Reporter Judge

Clear Creek County (Colorado) Courthouse/Jail Facility. Courtesy of William R. R.eddic :k, Jr., AIA. 46 Rural Courts

- -_. authority, central prosecution and defense serv- numerous positive characterstics: ices, and the court of juvenile jurisdiction. The - Visitors are easily oriented in the single cen- satellite facilities contain components of most of tral lobby. From this point the high traffic these activities, and the courts of limited or spe- offices of the facility (Clerk of Courts, Regis- cial jurisdiction, hearing traffic, small claims, trar of Deeds and Registrar of Probate) as and preliminary criminal matters. well as the Superior Court courtrooms an: readily visible and accessible. The courthouse of Grafton County, New - Incorporation of the sheriff's office and Hampshire, demonstrates consolidation of short-term holding area in the same facility facilities. Grafton County is a geographically improves the relationships between the court large rural county (1970 population: 54,914) in and law enforcement activities and helps the west central New Hampshire. Historically, be- sheriff in his court-related work: handling of cause of severe weather conditions and a poor pretrial defendants, courthouse security, andl transportation network, the county had main- process serving (both criminal and civil). tained court facilities in three separate locations: - Design of separate circulation systems for Woodsville, Plymouth and Lebanon. Each of public and private (judges, juries, defendants these facilities was built approximately 80 years in custody, court staff) use greatly improves ago and had deteriorated. In 1969 the county courthouse security and allows activity such decided to construct a new, more centrally lo- as judicial research, jury deliberation, and cated facility in the small town of Waverhill. The defendant transfer from short-term holding following factors led to this decision: to the courtroom to occur in privacy and out - The improvement of roads in the county of the way of potential abuse or influence by eliminated the need for dispersed facilities. the public. - The cost of renovating the three old facilities - Much needed but often omitted spaces for would be prohibitive and the results mini- informal hearings, attorney-client confer- mal. ences, witness waiting, juror lounge and at- - The internal efficiency of each building was torneys lounge have been provided. These poor. spaces are crucial to the efficient and safe - There was not enough space in the existing operation of the court, and serve to improve , facilities. the image of justice in the eyes of the citizens '- '- The duplication of staff and facilities wasl such as attorneys, witnesses, plaintiffs, defendants, or jurors who use the facility. architects conducted detailed interviews - Unfinished space for construction of a sec- county staff who would be using ond Superior Court courtroom has been and visited several newer court created within the building to allow for future state and region in developing expansion when required, something often their architectural program and design concept. neglected in court construction. The result of their efforts, completed in 1972, - The architects have designed a modem, has been called the first permanent seat of gov- spacious, attractive facility, thus proving ernment in Grafton County and is an outstanding, that new court buildings need not be the example of a well designed and functional court plain, rectangular, unadorned facilities so facility. The design was featured in the De- often found in both rural and urban areas. cember 1972 issue of New England Architect & . .-. - - _I __I-_._ _. -- _- _.> New Hampghire- ArchiteciurgL-Rg$ew and has In jurisdictions in which major construction or Building Resources 47

renovation of court buildings is necessary, mality and familiarity. Court personnel are less communities could consider the two regional likely to know the citizens who use the court, and approaches as alternatives to the traditional, de- the people will probably not have as high a decentralized model of court services. Some states gree of identification with “their” court system. could not immediately plan regional facilities The image of the courthouse as a symbol of the because of constitutional or statutory guarantees community would decline if the court were in the of courts in each county, but where this is not the next county or if several counties shared the case, and where the state has assumed a greater same facilities. proportion of court finance, satellite or central The distribution of multi-county court facilities may contribute to efficient court opera- facilities could also affect leadership patterns in tions. Figure 2 lists the hypothetical characteris- the local communities. When a town has a court, tics under which each system might operate. it will attract lawyers who, in turn, become part One of the problems with regionalization is of the professional base of the community along that it undermines one of the hallmarks of the with businessmen, physicians, dentists and justice system in a rural environment-its infor- teachers. Without a court, at least some of the

Second level floor plan, Grafton County (N.H.) Courthouse. Courtesy of National Clearinghouse for Criminal Justice Planning and Architecture. 48 Rural Courts

lawyers might practice elsewhere, and their de- County Fiscal Court approved funding for reno- parture could affect other professional groups. vation of the courtroom. An architect was hired The placement of facilities is significant, and to adapt the McGeorge School of Law design to regionalization should be carefully considered as the existing courtroom. After some delay, con- a solution to facility shortages. If the local citi- struction began in July 1975 and the completed zens agree and if there is no constitutional or modernized courtroom was dedicated in January statutory prohibition, then regionalization is an 1976. The courtroom is approximately 40 feet by alternative to consider. 42 feet (1680 square feet), within which the Renovation of facilities need not be expen- judge, clerk, court reporter, witness, attorneys, sive, but counties often resist major changes and and jurors are arranged in an ellipse to take make a few “cosmetic” repairs and do little to maximum advantage of available space. eliminate visual, acoustical, circulation, and se- A county does not have to determine its curity problems because they are afraid these facilities requirements on its own. Since the improvements will be too expensive. function of courthouses differs significantly from Two rural counties recently completed court- that of office buildings, churches and many other room renovation projects that cost under structures, distinct needs must be considered by $50,000 and resulted in replacing antiquated architects working with courthouses. Few ar- courtrooms with modern functional court- chitects are trained, however, to be aware of rooms. Both courtrooms are variations of the those needs, and more than one courthouse has “Courtroom of the Future” design at the been built or renovated in such a way that the McGeorge School of Law in Sacramento, judicial needs were not met. Organizations like California. the National Clearinghouse for Criminal Justice The Pickens County, Georgia, courtroom was Planning and Architecture have provided techni- badly in need of repair because of a leaky ceiling. cal assistance as well as publications that detail Also, since there was no air conditioning, win- good court planning concepts. At least one state dows had to be left open in the summer and has established a permanent position within the acoustics in the courtroom were poor. Through State Court Administrator’s Office for consulta- the aid of a local area vocational training school tion on courthouse architecture with local units and with contributions from local merchants and of government. building suppliers, the courtroom, an attorney/ -. _-_ _- . -_ client conference room, and the judge’s chambers In 1974, Georgia received funding from the were completely renovated. All labor, except the Law Enforcement Assistance Administration to installation of the air conditioning system and the assess the architectural needs of courts through- work of one journeyman carpenter, was done by out the state. At least 80 percent of these court- students in the carpentry, electronics, and elec- houses are in rural areas and many have been tric appliance services divisions of the vocational neglected and are in need of repair. The study, school without the benefit of working drawings utilizing specialists, determined what repairs and or architectural plans. The renovation project renovations were needed. Following completion was started in January 1976 and completed July of the study, the state administrative office hired 4, 1976. a court architectural specialist who now works The circuit courtroom in Mercer County, Ken- with courts around the state in upgrading their tucky, was also in need of substantial repairs facilities. The services of this specialist are free since no changes had been made in the court- to the local courts. He works either directly with room for fifty years. In early 1974 the Mercer the courts or with architectural firms retained by I__- __ - I_ - Building Resources 49

-__I ~~ I_____.-__Ili_ ~h~-c~u-~~-~~-r~n-~-"a~~-~~-~r~m-~d~ITfiifiFg codes and reference works were already avail: facilities. able in local courts. Armed with the survey re!, I I -di /suits, court administrators approached county, Libraries /commissioners, and in some cases the Law En{ In many counties in the states we studied, law forcement Assistance Administration, for funds to upgrade their libraries. I libraries are a neglected resource. Without some impetus for building good local law libraries, the 1 During the three years since the original state t order, 98 percent of the local county will sometimes be reluctant to provide for law libraries. A few judges, particularly in lim- hieved compliance. To assist in he libraries, the state law librariant ited jurisdiction courts, do not even have an I up-to-date copy of state statutes. Some library facilities to help in arranging the, and in training the clerical staff: volumes lack the latest pocket parts. Many maintenance procedures. judges and attorneys are not able to find what "111--lL "llllllll_-^--- --.I_- 2 they need when a case requires more than a While persons may disagree on what consti- minimal amount of research. tutes an acceptable minimum law library, a small Rural areas should either establish sufficient but satisfactory library in a rural county might law libraries of their own or have access to a include the state statutes and Reports, West Pub- central repository of information. The judges lishing Company's appropriate regional report- and members of the local bar might organize an er, a legal encyclopedia (Corpus Juris Secun- effort to provide a satisfactory local law library dum or American Jurisprudence 2d), the U.S. by preparing a plan to improve the library over Code Annotated, the appropriate citator, and a several years and presenting the plan to the few other volumes. Such a library would have an county or municipal government. If they want initial cost of about $1 1,500 (in 1975), and an guidance or assistance, the state court adminis- annual maintenance cost of about $1,300.4 trator or the supreme court librarian should be To supplement or in some instances to replace able to help them prepare the plan. The plan local law libraries, several states have estab- should include an assessment of the current li- lished a central legal research facility. The brary resources, a list of volumes to add, and an Creighton Legal Information Center in Nebraska estimate of the costs of both purchase and is the model for these facilities, and several other maintenance of the recommended sets of books. states have begun similar programs. Efforts to maintain and update law libraries in ~--~~Illllf~XI ^---_- -11~.-11- -I--___x- rural counties are frequently haphazard because es, prosecutors, and qualifying attorneys the libraries are sometimes dependent on bean Nebraska (outside of, quests of deceased local judges or lawyers. may request and receive __ _x____ _ll_l__""l^ --x^n__--.l-( t free legal research assistance from the Creighton I In Idaho, a supreme court order established a 'Legal Information Center (CLIC). Questions for, standards for county law lib-I ,research must pertain to a criminal case, and the/ . The order resulted from the recommends-[ estor must be a public official or an ap- of a committee of trial court administrators ted defense counsel. To avoid a conflict of; I ,appointed to identi IC does not accept research assign-; reference works as opposing sides in the same case. (essential but would be valuable IC uses trained law students to carry out the rc_h_2S&x the Lzge Law 1ibrary-g 50 Rural Courts

0 b-

ii I J

Mercer County (Kentucky) courtroom, renovated in 1976. In order to accommodate appellate court proceedings, three persons may be seated at the judge’s bench, and attorneys’ tables may be moved directly in front of the bench. The courtroom is completely carpeted with additional carpeting covering the front of the bench, attorneys’ tables and jury box. Building Resources 51

j__ _- - .-- ~ --- _I ___ ~ Creighon, the researchers operate under the could share the purchase cost and the use of some supervision of a more experienced staff member equipment. Third, within a county the courts and 'or faculty member, who reviews the final re-1 other governmental offices could share equip- ,search product. The response is mailed to the, ment. Certainly the typical county law library is client and, with the client's permission, is dean example of a shared resource, and telecopiers, 'scribed in the CLIC newsletter so that the re- word processing machines, automatic typewrit- search reaches a larger audience. ers, and computer storage facilities or terminals __ -_____--__ __ I_^ ~ ------might be used in a similar arrangement. These services provide a valuable supplement The National Center for State Courts, through to the local law library, especially when thor- its Courts' Equipment Analysis project or its ough research on a particular point is necessary. regular technical assistance program, can assist The LEAA has designated CLIC as an courts in their consideration of these questions. exemplary project and publicized its adaptability The concerns about physical resources do not to other states. Usually these services are not affect all rural courts. For a court in need of viewed as a complete substitute for the local better resources, however, the methods of im- library, because court personnel and practicing provement and technical assistance are readily attorneys need to have quick access to basic available. The problem of financing new im- volumes as part of their regular work routine. provements is, however, a more difficult one common to many courts as well as local govern- Equipment ments. Throughout this report several equipment items, such as special office equipment, audio NOTES and visual devices, and microfilm units, are mentioned which many rural courts do not pres- 'Don MacGilvray, of the National Clearinghouse for Criminal Justice Planning and Architecture, helped select ently own. In considering the acquisition of this photographs and edited the facilities portion of the text in this equipment, courts in-rural areas could look at part of the report. several options that would help reduce costs. *Kentucky Model Courts Project (1975), pp. 9-1 1. 3The new courthouse of Clear Creek County, Colorado, First, the state could provide the equipment to demonstrates the idea of multiple use. The National several courts on a shared basis, especially such Clearinghouse for Criminal Justice Planning and Architec- items as the training cassettes which would prob- ture in Champaign-Urbana, Illinois, has helped to design many courthouses with multiple-use facilities. ably come from a centralized state service or 4See South Dakota Law Library System. (St. Paul: Na- agency. Second, the courts from several counties tional Center for State Courts, 1975).

7 Delivering Effective Court-Related Social Services

The traditional function of the judge in crimi- The recently increased interest in such services nal cases is to assure that due process protections has resulted largely from the huge caseloads, for are available to every defendant, and, if the de- as more cases enter the system, it is more dif- fendant is found guilty, to determine appropriate ficult for every case to go through the traditional penalties or punishments. The prosecutor is ex- process, and courts use alternative tracks for pected to assemble and present the community’s selected categories of cases. The caseload pres- case against the accused, and counsel for the sure on many urban courts has not affected most defense helps protect individual rights by or- nonmetropolitan courts as severely. Federal ganizing and presenting arguments most favor- funds to establish these programs and local funds able to the accused. In reality, the system doubt- to hire the staff that seeks federal funds have less has never been so simple; plea bargaining been more available in urban than in rural areas. exists, and the court and the prosecutor are in- Rural court personnel have often not actively volved in activities related to the prevention of sought these programs, perhaps because they crime and the punishment or rehabilitation of associate them either with loss of individualized particular offenders. Likewise on the civil side of treatment or with relatively large expenditures, the judicial systems, judges do more than resolve or perhaps because they fear the increased influ- disputes. They frequently encourage the settle- ence of social workers and social scientists. ment of disputes before trial. The surveys of judges and other court person- In addition to expanded individual roles in nel in this project showed an appreciation of the judicial systems, a wider scope of court in- importance of social services, but frequently ac- volvement in other areas has been encouraged in ceptance was mixed with a reluctance to imple- recent years. Under the rubric of “court-related ment the programs too quickly or too widely. social services” are found such diverse pro- Judges in North Dakota and South Dakota, for grams as probation services, pretrial release and example, overwhelmingly declared that diversion programs, juvenile counseling and adequate probation services, juvenile care, al- temporary care, alcohol and drug rehabilitation, cohol and drug programs, and mental health pro- traffic safety programs, mental health services, grams were very important; yet, with the excep- and marital and family relations counseling.’ tion of alcohol treatment programs, they consist- Courts in rural areas generally have the same ently rated their current services in these areas as concern about these services as do their urban adequate or better. They did so despite the facts counterparts, but the programs themselves may that separate juvenile holding facilities exist in not be so widely developed. Several factors have only a few counties and that not every jurisdic- contributed to the slower pace of development. tion has fully established programs for diversion, 53 54 Rural Courts

counseling, and several other services. teers, of course, has its own costs-the cost of Rural court systems can organize and operate training and supervising the volunteers and the many of these programs without establishing too cost of giving them sufficient motivation to work much of a bureaucracy or spending too much well. Court personnel considering the use of money. They have at least three alternatives to volunteers should weigh the need for the pro- the inauguration of a large new agency: gram against the potential costs. - Rural court personnel can select the one or - _- two programs most needed in their jurisdic- The Florida Bureau of Community Services, tion; that is, they might establish a juvenile part of the Department of Health and Rehabilita- counseling and treatment program but not an tion Services, has assembled a comprehensive alcohol treatment service. clearinghouse of volunteer information. The - They can participate in a regional system of agency offers volunteer training films and tapes, social services in which several counties models of innovative programs from throughout could share the management of multi-county the country, books, manuals, and other sources programs. Either the counties involved of information. Among the coIlection are two would share the costs of the regional system, videotapes (each about one hour in length) on or the state might assume them. volunteer programs in rural areas. The Florida - Rural courts can use the resources already Division of Youth Services, in its effortto have a available in the community instead of de- volunteer working with every child under its veloping a large number of new organiza- care, has made extensive use of this clearing- tions. They might use established commun- house. ity groups such as the school system, the - . ___ YMCA, the Salvation Army, and so forth for Juvenile Care facilities and resource persons or they could In the surveys conducted during this project, develop programs that use volunteers from rural court personnel exhibited a particularly the community. high concern about the quality of treatment for This last alternative potentially has wide ap- juveniles. At the same time, many rural court plications in many rural communities. Volun- personnel regretted that they had insufficient teers could perform in many juvenile programs, funds for an expensive program, and some rated diversion projects, and victim assistance ac- their own services marginal or inadequate. As a tivities. Such a program promises interaction result, many court personnel listed the improve- between the offenders or alleged offenders and ment of juvenile programs as a high priority the community. It allows a community to be- among other court needs. come more aware of its system of justice. And, Most rural court personnel want to develop finally, it can be implemented without adding a good local juvenile programs. They prefer keep- large number of court employees. Generally, in a ing the juveniles within the community to send- rural county one staff person could select and ing them to state-operated or regional facilities.2 orient volunteers, screen cases to determine en- In order to meet that desire without extravagant trance into the social service programs, monitor cost, rural courts need to use existing community activities in each case, and prepare reports on the resources in developing programs for juveniles. progress of the programs. In a few counties, Several courts have done so by finding for juve- existing probation personnel may be able to meet niles temporary jobs with local organizations, these responsibilities and no extra full-time em- using volunteers as counselors and unofficial ployees would be necessary. The use of volun- probation agents, or requiring a juvenile to work Delivering Social Services 55

_-- -1111 ------for the community. These programs have often send them to foster homes or the state industrial! been quite successful in treating juveniles who Ischool. Counseling is available to children who, do not need to be detained. school officials believe have social problems.[ 'Assistance in times of family or personal crisis isi i The juvenile court judge in Rugb 'also available. --1_- ~ ----.------L ____I_____I- - "- $Dakota, organized a youth services program, )which delivers assistance to youth and At least one rural jurisdiction has developed a program of juvenile care which uses volunteers from the community's senior citizens. The following program was especially tailored to a rural 56 Rural Courts

environment where judges can devote more time alternatives are less appealing. Existing jails to resolving the youth’s problem by carefully may not be satisfactory, and state youth homes pairing him or her with a known senior citizen in may be too remote or populated exclusively by the community. more hardened offenders. These counties could consider building juvenile centers on a regional The juvenile court judge in Valley County, basis, Idaho paired selected juveniles with older citizens after reasoning that persons in both groups Hawaii Second Circuit Family Court judges are often looking for a person with whom they have taken an active role in organizing a com- can relate closely. munity youth program. Together with the editor The older volunteer probation officers were of theMaui News and the local police chief, the expected to spend time listening to the youth, to judges were prime movers behind the creation of show interest without passing judgment. In turn, Boy Builders, Unlimited. This program provides probationers were expected to perform necessary an outreach camping experience for troubled work (such as mowing lawns, shoveling snow, community youth. It is run annually by the pro- and building fences) for the senior citizens. They bation department for about ninety boys. The were also expected to show an interest in the community is closely involved, however. welfare of the adult. Teachers, police officers, and local social work- Success of the program can be measured in ers serve as camp counselors in order to gain an terms not only of reduced recidivism but also of improved understanding of problems confront- the friendships which resulted, One senior vol- ing the youthful participants. unteer probation officer taught his probationer Expenses for the camp are met by public sub- how to build fences and their teamwork resulted scriptions. Farmers contribute milk and vegeta- in a partnership in the fencemalung business. bles; food suppliers donate groceries; free physi- Other probation officerlprobationer teams are cal examinations are provided by the county still in close touch after the completion of the medical association; the media publicize the probationary period. This program often permit- camp; and various clubs and agencies provide ted the court to avoid formal proceedings with additional assistance. juvenile offenders because they were successfully assigned on an informal basis to an interested senior adult. Diversion Programs Interest in diversion programs has increased in The local community is often unable to main- recent years, in both urban and rural areas. Many tain control over a juvenile who requires deten- rural areas have not experienced the increased tion. Few individual municipalities, and not caseloads that have led metropolitan courts to many rural counties, have juvenile detention turn to diversion programs, but rural court per- facilities separate from the jail. Yet for most sonnel have noticed the success of these pro- juveniles, the jail is not the proper place for grams and appreciated having the alternative confinement. For such persons the county can available. Rural courts emphasize individual consider constructing a juvenile center with treatment, and established diversion programs adequate security for short-term detention. The enlarge the capability of the system to deliver more populated rural counties may have a suffi- such individual attention. cient number of juvenile offenders to justify such Many authors point out that diversion has al- a structure. For smaller counties, however, the ways been a factor in a criminal justice system. It Delivering Social Services 57

occurs regularly when a police officer lets some- they needed, and the same is probably true for one off with a warning or when a prosecutor drug addict^.^ Local detoxification centers sel- decides not to file a case. But formal diversion dom existed in rural areas, and local hospitals programs need prescribed standards of opera- usually refused to take alcoholics, especially if tion, adequate review and supervision, and a they were indigent. Their only recourse was a means of evaluation. Perhaps most important, state hospital, which served as a temporary hold- when an alleged offender needs treatment or ing facility until the alcoholic was detoxified. attention, it should be available. Local detoxification centers would provide the Rural courts, prosecutors and other agencies necessary short-term care in these areas. The face the challenge of providing full diversion' lucal center could be a part of a general hospital services while realizing that a relatively small or a separate facility, and it could serve a com- case load will not justify too complex a program. munity, a county, or, if desired, a group of They could work with the resources. already counties. The long-term care could come from available in the community-volunteers and more expensive programs, but adequate treat- existing agencies. ment could possibly come from local community agencies, combined with short-term detoxification when necessary. A different sort of probation program operates in Winona, Minnesota. Recognizing sentencing as one of the most difficult decisions for any judge, the county judge of Winona works in some cases with the offender to determine a sentence.

in practice to the satisfac-

to a court coun-1

One specific kind of diversion program deserves special note-alcohol and drug abuse treatment. A 1969 study in rural Illinois found sentence for stealing that alcoholics seldom received the treatment 58 Rural Courts

whom he had stolen the material. The farmer was required. If the referral is appropriate, individual so pleased with the work that he hired the youth cases are sent on to a Victim Assistance Officer to paint three other buildings. The success of the who is responsible for placing juvenile offenders project can be measured, in part, by the two into carefully monitored work programs. percent recidivism rate compared with a 50 per- Through these programs or work details, offenti- cent rate in many large cities. ers are given an opportunity to earn the necessary amount of money owed to their victims. Victim Assistance As work placement is an important aspect of When a criminal act takes place, criminaljus- the program, it was necessary for the juvenile tice agencies focus on the offender. The goal is to court to establish cooperative efforts with exist- bring him to justice and to try to prevent the ing agencies in the community where offenders crime from occurring again. Frequently the vic- could be put to work. Pennington County now tim is forgotten. Criminal justice personnel in uses such agencies as the county fairgrounds, the several jurisdictions have recently given more Salvation Army store, the day care center, area consideration to the victim, and courts have un- nursing homes, and others. For offenders who dertaken victim/witness projects designed to en- need to be involved in supervised activities with sure that these persons have a reasonably smooth counseling, organizations with trained staffs, encounter with the judicial system when their such as the YMCA and the boys and girls clubs, cases come before the court. Such projects are are used. beneficial to the court and to the public in both urban and rural areas. They tell the victim when The best kind of victim assistance is crime to appear in court and what to expect at each prevention, and a group of citizens in eastern appearance, and they provide whatever addi- Oklahoma have a crime prevention film for the tional assistance may be necessary in connection elderly. A former municipal judge from with the court appearance. A victim assistance Spencer, Oklahoma, organized the effort and program could go further, however, and the ju- recruited merchants, elderly citizens, and drama venile court in Pennington County, South students from the area around Muskogee, Ok- Dakota, has done so. lahoma. The group produced a low budget film which dramatizes many ways in which elderly Any victim of ajuvenile crime which resulted citizens unwittingly become the victims of in loss of property or injury may participate in the crime.5 Victim Assistance Program in Pennington The Ohio Farm Bureau Federation, in a sepa- County, South Dakota. Services to the victim are rate anti-crime program, has encouraged its twofold. First, there is immediate assistance to members to guard against theft. The program the victim regarding the court proceeding, trans- includes identification numbers on property, a portation, referrals to other agencies where the neighborhood watch program, court watching, victim’s needs can be met, legal services refer- youth volunteers, and a monthly newsletter rals, and therapy if necessary. Second, the vic- edited and distributed by senior citizens. The tim is eligible for restitution, and he or she is program has a specific rural focus since it has asked to provide information regarding the ex- aimed at farm bureau members.6 tent of damages or injury. The social services described in this chapter The juvenile court and its probation officer emphasize practical programs developed with- determine the suitability of the program for a out large budgets. Rural courts and related agen- juvenile offender and the amount of restitution cies want to provide quality social services to Delivering Social Services 59

offenders, victims, and the public, but they often Selected and Annotated Bibliography (New York: Oceana, must develop inexpensive programs. The use of 1976). ZSee Samuel J. Brake1 and Galen R. South, “Divesion volunteers and existing community facilities and from the Process in the Rural Communitv.-, , p’ 7. resources enable them to do so. American Criminal Law Quarterly, 122-168 (1969). 3See Stanton D. Tate, “Youth and Senior Citizens in Creative Rural Courts,” 22 Juvenile Court Journal (Fall NOTES 1971). 4Brakel and South, op. cit. ‘A large bibliography exists for all these topics. See Fan- 5LEAA Newsletter, December 1976, p. 12. nie J. Klein, The Administration of Justice in the Courts: A 6LEAA Newsletter, March 1977, p. 7.

8 Maintaining Sound Intergovernmental Relations

A rural court of general jurisdiction is part of warrant. This is not surprising-organizations the community or communities it serves as well tend to become more bureaucratic as they grow as a part of the governmental services of each larger and more complex. But in a nonmetropoli- community. It is usually considered to be part of tan area, the court and other agencies tend to the state judicial system, especially where judges conduct affairs on a more informal basis accord- are state judicial officers and even though other ing to a general standard of reasonableness. This court employees may be compensated by local informality can be beneficial to the operation of governments. A rural court generally has a small the system: it can cut through unnecessary red staff, shares its facilities with other agencies, tape and reduce long debates. But the successful works daily with other components of the justice operation of the system depends on good per- system, and depends on the state court system for sonal relations; the personnel in every office or certain services. In such an environment, good agency must have a basic trust in each other. intergovernmental relations are a necessity for The challenge for court personnel in such a efficient operation. situation is achieving these good relations and open communication while retaining a measure Local courts report a wide disparity in their of judicial independence. The court must con- relations with other governmental agencies. The tinue to decide cases that come before it without issue is of concern even in those courts which becoming so aloof and inflexible that it cannot have experienced generally good relations. deal with other agencies of government. Also, Some judges and court administrators surveyed the judge should manage his court, subject of reported excellent relations with the county gov- course to the delegation of some functions and to ernment, police and so forth. Others related par- the internal control of the judicial hierarchy. In ticular misunderstandings and significant differ- some courts, however, the prosecutor has more ences. In one workshop discussion, several effective control over the criminal case schedule judges told of instances of poor relations. In a than the court, and the trial bar frequently deter- few courts, the communication with other agen- mines the civil case schedule. In some courts the cies is severely impaired. support personnel do not report to the judge but The size of a court may affect its operating to an executive branch agency or to an indepen- procedures and, in turn, the way the court inter- dently elected clerk. Often the county board or acts with other governmental agencies. Larger county treasurer has budget responsibility for the courts usually have standard procedures to han- court. Courts in these circumstances may operate dle most events, from the submission of the well, but they depend on the understanding and budget to the consideration of a request for a cooperation of these other groups or agencies, 61 62 Rural Courts

and have little to bargain with if problems arise. first is that most rural prosecutors are part-time only. Since criminal caseloads are relatively Relations with Criminal Justice Agencies light and prosecutors’ salaries are frequently The project’s surveys showed that most judges low, the rural prosecutor often maintains a pri- felt that their courts have good relations with vate law practice. The relations of the prosecutor other criminal justice personnel in their com- with the court can be strained because private munities. Few judges, court administrators, and work may interfere with public duties, case clerks rated their relations with police and scheduling may be hampered, potential conflicts sheriff‘s departments excellent, but generally a of interest may arise, and an insufficient amount high percentage (54 to 77 percent) rated them of time may be spent on the job. good (see Table 9). Further discussion revealed Another problem that often occurs in rural that most of the problems between court and law areas is prosecutor domination of the lay judge enforcement personnel were related to court. In many areas the lower court judge is a communication-the police were perceived as lay person-either because there is no lawyer failing to realize the reasons for particular court available or because the salary does not attract a actions or misinterpreting them. Some judges lawyer-and the lay judge frequently turns to the thought that the police in their jurisdictions prosecutor for legal advice. needed to improve their methods for investigat- Improved training for lay judges can help al- ing and developing a case. Occasional buck- leviate this problem. Once a lay judge has a basic passing occurred between the agencies, a condi- understanding of the law and enough familiarity tion which diminished the respect for both in the with legal research to know where to look for public’s eyes. The police seldom understood answers to specific questions, there will be less when a court was forced to take issue with a need for advice from a prosecutor. requested warrant or dismiss a case. In such In a rural area, the criminal justice network cases, the need seems to be improved communi- may be more tightly knit than in a metropolitan cation and better understanding of roles and region. The personnel in the various agencies duties. This communication can be informal or often know each other well and may strongly carried on with scheduled meetings and discus- influence each other. In its misdemeanor court sion. study, the American Judicature Society has The relations between the court and the local found that in one area-pressure for rapid pro- prosecutor are somewhat more difficult. The cessing of cases-the police, the prosecutor, and prosecutor has a close relationship to the rural the defense counsel exert significantly more court, and judges react strongly to what they pressure in rural areas than in metropolitan juris- perceive to be prosecutor mistakes. Problems dictions (see Table 10). On the other hand, some arise if the prosecutor is not available when of the other relationships that affect the local needed or when his case preparation is in- court (including the state supreme court and the adequate. Such issues may be more intense in a court administrator), may seem relatively distant rural area than in an urban one because a single or weak. judge and a single prosecutor would have to deal with each other constantly instead of only occa- Relations within the Court System sionally. The judiciary is a hierarchical system. Each The rural environment presents two distinc- judge exercises control over the operations in his tive characteristics that strain the relationship own court, but at the same time he must be between court personnel and prosecutor. The responsive to the state’s judicial leaders. The Intergovernmental Relations 63

Table 9 Estimated Quality of Relations Between Rural Courts and Other Government Agencies

Percentage of Estimates by

Judges (North Other Actors Justices of the Peace Organization and South Dakota) (North and South Dakota) (Wyoming)

Exc. Good Fair Poor Exc. Good Fair Poor Exc. Good Fair Poor

Police dept. 23 54 23 - 7 57 36 - 26 61 13 - Sheriff’s dept. 23 77 - - 14 64 21 - 30 39 26 4 Municipal govt. 15 61 23 - - 69 15 1.5 16 42 32 10 County govt. 31 46 23 - 14 42 21 21 - 68 21 11 State govt. 30 SO 20 - 14 71 7 7- 43 29 29 State planning agency (LEAA affiliate) 17 67 8 8 29 64 - 7 N/A N/A N/A N/A

Source: Data from questionnaires used in North Dakota, South Dakota, and Wyoming meeting during the Rural Courts Workshops Project.

Table 10 Sources of Pressure for the Rapid Processing of Misdemeanor Cases

Percentage of Times Element is Cited by Judges in

Suburban and Large Medium Sized Small Source of Pressure Cities Cities Cities

State judicial official 14 8 6 Chief judge, misdemeanor Court 12 5 5 Prosecuting attorney 9 11 12 Local administrator 7 11 6 Chief judge, general trial court 7 2 1 Defense counsel 7 7 11 Local media 7 3 18 Police 3 10 18 Community groups 2 2 4

Source: Alfini and Doan, “New Perspectives on State Misdemeanor Courts,” 60 Judicature (April 1977). 64 Rural Courts

degree of effective control exercised by the state of citizens below the poverty level defined by judicial leaders over the individual trial court government, and as a result local tax revenue varies a great deal among the states. Most local often is lower than urban areas. In this financial judges interviewed during this project endorsed environment, the courts are likely to suffer. vigorous leadership by the chief justice, the state Facilities may be in disrepair, useful equipment court administrator, or the chief judges of the may be lacking, and salaries may be extremely districts or circuits. Most difficulties that existed low. Owing in part to the fact that courts do not were the result of personality differences or lack have the political muscle that schools or law of information. enforcement agencies seem to have, they often Differences of opinion occurred more often must settle for a smaller percentage of the com- among judges in the same locale. Many lower munities’ financial resources than their relative court judges described their relationships with operational needs justify. general trial judges as unsatisfactory. Conflicts One answer to inadequate local finances is to with general trial judges over the scheduling of have the state assume the cost of operating the cases and the use of courtrooms or equipment courts. Several states, such as Hawaii, Alaska, understandably irritated the personnel of the Colorado, and South Dakota, have adopted unit- lower court. This situation apparently is not ary court financing measures that have placed being improved by more frequent communica- responsibility for the budgeting and funding of tion between judges. In Wyoming, 69 percent of most, if not all, court services at the state level. the limited jurisdiction judges surveyed had only Other states are moving toward the same type of infrequent contact with their district judges, system. while 39 percent of those surveyed characterized State financing has several clear advantages: the existing relationship as fair or poor. In sev- it can equalize salaries of court personnel; it can eral jurisdictions throughout the four states, in- make better provision for courts in poorer areas; dividual judges of lower courts believed that and it can strengthen a judicial system operating their general jurisdiction judges were giving on a statewide basis. Personnel in rural areas, them inadequate support in relations with the however, raise several objections to state court county or city government or with the local trial financing proposals. First, state funded courts bar. Lay judges made such references to the lack may inhibit acceptance of the local court as an of judicial support somewhat more frequently agency that serves the community. Second, state than lawyer judges. financing may not be a panacea for rural courts. These problems can be improved by increas- The degree of rural representation in the legisla- ing judicial awareness of the need for better ture is a factor in the division of available court communication. The judges themselves proba- resources among urban, suburban, and outlying bly can work out methods for better communica- areas. If metropolitan areas dominate the state, tion through regularly scheduled meetings, ex- the legislature may find it difficult to resist the changes of informal telephone calls or demands of high crime rates and bulging memoranda, or some other means. Carefully caseloads in order to support the arguments of selected consultants can also help by pointing out rural poverty and poor economics of scale. blind spots and suggesting new methods for im- Some court personnel view the exercising of proving communications. inherent power as a solution to court financing problems. The judiciary is a separate and equal Court Finance branch of government, they reason, and it should Rural areas generally have a higher percentage not accept the decisions of another equal branch Intergovernmental Relations 65

of govemment that threaten to reduce or limit the had a reasonable request for funds or extra scope of needed court services. The principle facilities, the county government always under- grows out of the concept of separation of powers stood and generally complied. Of course, judges and is well established in case law and some in other areas may already have tried such tactics statute^.^ Nevertheless, inherent power remains and found them unsatisfactory; but this approach a delicate instrument. Judges should invoke in- is successful in many jurisdictions. herent power only after careful deliberation. Some court personnel object to any type of Citizen Involvement state financing of courts. In their view, state Courts in rural areas may have opportunitiesto financing shuts out the local government from an build good relations with other agencies and with important role in the courts, and the use of inher- the public because of the small size of the com- ent power against local government could result munity. Programs in rural courts can achieve in poorer intergovernmental relations. Instead, high visibility because many citizens can be in- these judges and other court personnel suggest volved. Volunteer programs and victim assist- that the support of local funding agencies be ance programs have already been discussed as carefully cultivated through good interpersonal examples. Even jury duty-under a good pro- relationships. One judge in a rural area of North gram of jury management-can lead to good Dakota remarked that he shared the county public relations. There are at least two other courthouse with county officials, ate lunch with means of acquainting the public with the courts them, and often met them informally. In such a that might work well in nonmetropolitan areas: situation, he would much rather remain in close one is a program in simulating court experiences, and amicable contact than establish the court in a and the other is neighborhood involvement in special funding category. He found that when he dispute resolution. 66 Rural Courts

The functioning of a court in a small town or Alternative dispute resolution techniques are mral area is normally more visible than in a large attracting more and more attention in urban metropolitan area. Some rural judges have courts suffering from case backlogs. The appeal viewed this higher visibility as a negative aspect of these alternative approaches to dispute resolu- of administering rural courts. Certainly misun- tion in rural areas stems from a different di- derstandings occur when the public learns of a lemma: the problem facing some rural judges is court decision in a particular case without know- not case backlog but rather a problem of reaching ing the factors that led to the decision. To help isolated communities to mediate disputes. This bridge the real or potential gaps in understand- problem is especially acute in Alaska where ing, judges in the Hawaii Third Circuit con- many communities are separated not only by ducted two community education experiments distance, but also by lack of transportation cor- using simulation techniques. The first involved ridors. 45 Rotary Club members who were offered the opportunity to explore the problems of sentenc- In mid-1975, Alaska began implementing its ing criminal offenders by serving as a “mock Village Conciliation Board Project in six west- judge” for an hour. em Alaska Eskimo villages. Village council These mock judges were divided into two members were requested to select five to seven groups and given two sets of facts regarding a local citizens to serve on the board. These board real but unidentified burglary defendant. The members received training in mediation first group received only the information which techniques that incorporated cultural considera- was available to the public through the news tions. The boards are allowed to hear civil dis- media. This group sentenced the defendant to six putes or disputes which involve minor criminal months in jail with work release privileges. The conduct. Appearance before the boards is volun- second group received information from a proba- tary. Boards do not have court powers, and they tion report and subsequently sentenced the of- cannot levy fines or impose jail sentences. fender to five years’ probation conditioned on The project has not yet been fully evaluated, mandatory employment. The two groups dis- but the boards may be able to successfully medi- cussed the facts available to them and the senate disputes and offer an alternative to more tences they had reached as well as the judge’s traditional adversary methods, thus diverting real decision in the case. Both groups confirmed some matters from the courts. the judge’s decision afterreviewing all the facts. A second community education project in- The nature of court operation in rural areas cluded 60 Hilo citizens in a simulated jury trial. requires good public and intergovernmental rela- Citizens assumed the roles of defendant, jurors, tions. An environment of cooperation is required witnesses, clerk, and bailiff. This program if the local court is to remain an effective unit for sought to acquaint the public with the jury sys- decisionmaking. If it cannot, then judicial de- tem. It experimented with a twelve-member cisionmaking could go to another branch of gov- jury, a six-member jury and a non-unanimous ernment. New policies in dispute resolution criminal jury. techniques may emphasize informality, which has always been characteristic of courts in rural This form of public education appears to be areas. In such a situation, smoothly-operating especially applicable to small towns where leam- rural courts could serve as a model, both for ing about the court can involve a large percent- other courts and for programs that could remove age of the community. some dispute resolution from the courts. Intergovernmental Relations 67

NOTES James A. Gazell, “State Judicial Financing: Pre- liminaries, Progress, Provisions, and Prognosis,” Ken- tucky Law Journal 63 (1975): 73-105. ‘For a full discussion of issues of court finance, see Carl Geoffrey C. Hazard, Jr., Martin B. McNamara, and Irwin Baar, Separate but Subservient (Lexington, Mass.: D.C. F. Sentilles 111, “Court Finance and Unitary Budget- Heath, 1975). See also Larry C. Berkson, “The Emerging ing,” Judicial Administration: Text and Readings, Ideal of Court Unification,” 60 Judicarure 372-82 (March edited by R.R. Wheeler and H.R. Whitcomb (New 1977). Jersey: Prentice-Hall, Inc., 1977), pp. 110-125. *An extended discussion of court financing is beyond the National Advisory Commission on Criminal Justice scope of this report. For further reading in this area, we Standards and Goals, Courts (Washington, D.C.: U.S. recommend the following articles and publications: Government Printing Office, 1973), pp. 164-167. American Judicature Society, Financing Massachusetts National Center for State Courts, Administrative Unifica- Courts (Chicago: AJS, 1974). pp. 7-31, 135-142. tion of the Maine State Courts, prepared by the North- Carl Baar, Separate but Subservient: Court Budgeting in eastern Regional Office (Boston) (Denver: NCSC, the American States (Massachusetts: Lexington Books, 1975). 1975), pp. 5-11, 115-142 (A Project of the National National Center for State Courts, A Unified Court System Center for State Courts). for Vermont, prepared by the Northeastern Regional Larry C. Berkson, “The Emerging Ideal of Court Unifica- Office (Boston) (Denver: NCSC, 1974). tion,” Judicature 60 (1977): 372-382. National Center for State Courts, “State Court Un- Colorado Judicial Department, Office of the State Court ification/Modemization,” chart prepared by the Re- Administrator, Financing State Courts (Denver, search and Information Service (Denver, August 1976). November 1968). Charles D. Roush, “Financing the Judiciary: Time For A Colorado Judicial Department, Office of the State Court New Approach,” 1974Arizona State LawJournal 639. Administrator, Judicial System Finance and Adminis- 3See Jim R. Camgan, Inherent Powers of the Courts trution, Report to the 46th General Assembly, Joint (Reno: National College of the State Judiciary, 1973) and Budget Committee (Denver, January 1967). Carl Baar, op. cit.

Approaches to Improving Rural Courts

The following points attempt to pull together and suburban areas of so-called “meg- conclusions of the study which have policy im- alopolises. ’ ’ plications, and policymakers for rural courts Legislators and local officials should keep in should be sensitive to them. These points may be mind that societies and governments are not guidelines for considering policy or program al- neatly divided into rural or urban boxes. ternatives, but because of the complexity of the Policies, programs, and funding plans cannot subject they are not set forth as policy recom- always be tailored neatly to fit preconceived no- mendations. As aptly stated by one of the work- tions of what is or is not rural. shop participants, “determining what rural 2. Rural and urban communities are closely courts are and the nature of their problems is as interrelated, and political leaders, public ofi- difficult as climbing a fence leaning toward you cials, and government administrators should or kissing a girl leaning away.” seek to idenrib and understand common linkages between communities and among judicial serv- Policy Considerations ice delivery policies and programs. It is impor- 1. Court-related problems should be consid- tant that political leaders and government admin- ered in light of community and court characteris- istrators comprehend the interrelationships tics: few states are totally rural or urban, and among all of the communities in a state. Crime few courts within states are similar enough to affects all communities, and changes in the man- justi! even broad generalizations. The use of ner in which crime is treated in one area will the term “rural,” as mentioned before, is some- likely affect crime in another. The construction what misleading. There are many kinds of rural of expressways and interstate highways through communities, just as there are many types of predominantly rural areas has caused an increase large cities. Rural communities are no more in crimes in local communities committed by homogeneous than urban ones. Understanding outside people--crimes that rural law enforce- this ought to encourage the legislative or ment officers find difficult to prevent. Workshop judicial policymaker to be more cautious about participants noted many times that their com- making generalizations of rural problems as munities were experiencing increases of crime being distinct from urban problems. committed against local residents or properties It is also true that few states, if any, are totally by transients. Empty homes owned by urbanites rural or urban. For example, the project encoun- affect crime control problems in recreational tered rural courts in the commercial or industrial areas or rural communities by increasing oppor- centers of predominantly rural states, in resort tunities for crime. Effective urban or suburban areas, and in small towns, as well as in the urban law enforcement programs may cause criminal 69 70 Rural Courts

activity to shift to nearby rural areas. complex and are increasing just as rapidly as State correctional programs located in rural those of urban areas. It seems clear that we have areas provide another example of system interre- entered a phase of national development charac- lationships. The location of prisons in smaller, terized by a new rural economy based increas- relatively isolated communities away from urban ingly on manufacturing and service employment areas can cause significant problems for law en- rather than agriculture; a reduced need for man- forcement and judicial agencies in rural areas of ufacturing to be located in urban locations; and many states. In early 1977, for example, a dis- national transportation and communications sys- turbance at the Colorado State Penitentiary at tems that enable factories to locate in rural areas Canon City, a small community located about 45 and still reach the labor force they need.3 Con- miles from Colorado Springs, caused the filing versely, these same conditions make it economi- of misdemeanor charges against more than fifty cally possible for rural workers to commute to inmates. The resulting trials had to be processed cities for employment while enjoying the “sim- within the relatively short period of time pler” life associated with outlying communities. specified by the legislature to assure prompt and Accompanying these changes have been all of speedy trials for accused parties. In a metropoli- the problems inherent in growth. Although defi- tan area, fifty trials or hearings could have been nitions of what is rural differ, it can be fairly said handled relatively easily. But only one district that rural America now includes over 40 million judge is assigned to Canon City, and this unusual people located in over 80 percent of the country’s caseload would have been impossible to take land mass. And as population continues to in- care of without outside assistance. crease, we can expect increases in the problems These examples point out the close relation- of crime, juvenile delinquency, divorce, and ship within a state of communities and their other social problems often characterized as problems. Frequently, the criminal justice or ju- urban in nature or causation. dicial problems experienced by rural courts are These changing patterns suggest that national, manifestations of serious problems within soci- state, and local leaders should become aware of ety as a whole. Legislators and local officials increasing administrative problems of local gov- should begin to look at crime and court-related ernments in rural areas, including those of court problems from larger perspectives. Improve- systems. To keep up with trends and significant ments or changes in one segment of the criminal changes, political and judicial leaders should justice system should not be made without giving frequently reassess rural as well as urban court some thought to their impact on other or related systems to identify emerging problems and parts of the system. More specifically, programs needs. designed to meet the problems of urban areas Rural and urban courts have many similar should not totally ignore those of rural areas. As problems, although causes may be different. For noted in a recent study on improving urban example, in one discussion on caseflow man- America, rural areas of the country are related to agement, rural judges indicated that their courts and dependent on urban America. “It can be exhibited the following “urban” court argued, in fact, that improving urban America symptoms: too many tasks for judges besides can only be done if the problems of rural hearing cases and issuing opinions; too much America are tackled simultaneously. Improve- delay, especially in criminal cases; uneven work ments of both segments of American society loads among judges; lack of coordination in should proceed hand in hand.”’ scheduling between courts in the same commun- 3. The problems facing rural courts are as ity; inefficient use of staff time; poor administra- Improving Rural Courts 71

tive procedures to monitor the flow of cases; and identify specific rural court problems? How a growing need to study plea bargaining and its should the data be analyzed? How should the effect on case processing. information be presented to local officials and Rural courts are experiencing rapidly increas- personnel from state-level judicial offices to ing caseloads, albeit of a smaller magnitude than support program requests? urban courts. The need for greater fiscal re- Another frequently cited problem was that resources and improved physical facilities is grow- sponsibility for improving or maintaining courts ing as rapidly as in other courts and tax resources in rural areas was not clearly placed in one per- in many communities seem less able to meet the son or agency. (This seemed to be especially true growing needs. New developments in applied in areas that must share a circuit judge.) This not technology are just as needed in rural areas as in only encourages neglect, but it increases the larger courts (for different reasons such as dis- likelihood of varied practices and procedures tance rather than caseloads), and better trial court among rural counties. A lack of needed fiscal management is needed at all levels of the judicial resources forces reliance on state and federal system. agencies that may have different goals and inter- 4. Areas in which urban and rural needs and ests than those of rural courts. interests converge should not obscure some of Thus, differences should be taken into account the important differences between courts. Ad- when designing methods of providing judicial ministrators and planners developing programs services to people in rural and other areas. And for rural courts should keep in mind some of the while many parts of the judicial system need to more salient features of courts operating in the operate under uniform rules and standards; de- rural environment. A review of workshop and livery structures need to be geared to different seminar data produced during this project reveals types of communities. a variety of problems in addition to the major 5. The standards for court operation and ju- ones discussed earlier that appear to be more dicial productivity need not be identical for severe in rural courts. urban and rural sections of a state. It is impor- For example, rural courts have a variety of tant for judicial policymakers, administrators, problems resulting from a low volume of cases, and planners to recognize the differences in judi- lack of sufficient fiscal resources, and distances cial productivity that may exist between rural that foster a sense of isolation. Other problems and urban courts. Even more importantly, include familiarity of judges with members of legislators-especially members of budget the local community, limited and sometimes in- committees-and local officials should realize adequately trained staff, shortages of court- that major differences exist between courts in related social services, lack of opportunities to different areas. It is unfair to rural judges, for specialize in areas of management or law, infor- example, to have their caseloads compared with mality of procedures, and inadequate research those of urban judges when allocating resources. facilities. Treating this large array of rural prob- The fact that a rural judge hears 400 cases a year lems with solutions designed for urban areas will while an urban judge handles more than 800 not always work. cases in the same period is meaningless without Rural courts often lack management re- taking travel and other judicial duties into ac- sources. Rural judges frequently pointed out the count. The rural judge may type his own corre- difficulty of collecting accurate, meaningful, spondence, meet frequently with the press and and useful information about their courts. How citizens, and travel 18,000 miles during the same and what kind of data should be collected to period of time. Thus, it may not be prudent to 72 Rural Courts

assign an extra secretary and a law clerk to the difficult dilemmas. For example, in many rural urban court solely on the basis of caseload. areas, judges are often accessible to the com- 6. It may cost more to deliver the same qualiry munity, especially if they do not have to travel. of judicial services to rural areas than it does to This means that the judge is generally visible, urban areas. It is often assumed that the costs of available to answer questions and meet with the providing court services in rural areas are lower: press and the public, and available to the court salaries are lower, capital investment require- staff. If, in an attempt to upgrade or profes- ments are smaller, and fewer people are needed sionalize the court or hire more staff so that the to handle the relatively simple cases. Actually, it judge can hear more cases, the position is will probable cost more to provide basic court changed into a circuit one entailing a great services in rural areas on a per capita basis amount of travel, then the judge will become less because-primarily as a result of geographic accessible. Thus, the trade-off to professionali- dispersion-the economics of scale are not zation may be less accessibility or visibility of a~ailable.~Travel by court reporters and judges the judicial officer in the community. increases the cost of services. More telephone Another example of an important trade-off is and supporting services will be needed. And in the use of lay judges. A continuing feature of major resources such as facilities and libraries rural society is the presence of informal institu- will serve fewer people. tions that resolve disputes through mediation and The cost of services in different areas becomes community support and guidance. After a period important when considering the implementation of reducing the use of lay judges, urban areas are of new programs for courts within a state. As- now considering the creation of informal dispute sumptions should not be made about the costs of resolution mechanisms-neighborhood justice a program without considering the demographic centers-that rely heavily on community re- characteristics of a community. Moreover, sources. Before rural courts adopt the more for- adequate funds for court operations will fre- mal procedures or mechanisms now standard in quently be more difficult to obtain in rural areas. large urban courts, we suggest a careful recon- In proportion to total governmental expendi- sideration of the role of community resources in tures, judicial budgets in rural towns may often improving courts. For example, judicial appear to be larger, on a per capita basis, than policymakers should realize that upgrading the budgets for urban courts. The difficulty in ob- position of a part-time judge who lives in the taining needed funds is one reason that a number community to that of a full-time judge who han- of states have gone to state-level financing of all dles cases for several communities entails some the courts in the states. Another reason is that important trade-offs. . local towns and cities must rely on property taxes This is not to say that these changes should not to raise revenues. Increases in this tax-a tax that be made. There are many good reasons for creat- responds slower to inflation than income or sales ing circuit courts or upgrading lay judges to taxes-are much more visible to cost-conscious full-time professional judges. The point is that administrators and citizens. As a result, courts value trade-offs need to be recognized when find themselves competing with other gov- making changes. Benefits of regionalization, for ernmental agencies for limited resources. example, may be offset by the increased travel 7. Increasing the professionalism of rural costs for attorneys and litigants. If recognized courts may entail significant trade-offs with early enough, however, problems can be antici- other important court qualities. Changes aimed pated and additional changes made to provide for at upgrading the rural justice system often create new or shifted burdens. In the instance of re- Improving Rural Courts 73

gionalization, outlying areas might be equipped communities seem to have a stronger commit- with better communication systems or document ment to local control and self-help than can be transfer devices that reduce the need for travel to observed in larger communities. (Empirical evi- a central court. dence for this assumption is lacking, although it Another example is the use of central legal is still popular to treat rural citizens as the last of research services for rural courts. Some work- the independents.) But many aspects of the cur- shop participants expressed a keen interest in rent movement to improve the quality of justice obtaining such services for their courts. They in the United States threaten critical elements in noted, however, that centralizing research re- the coherence and strength of community life in sources also had the potential effect of withdraw- rural America. This is an unnecessary developing some professionals from local communities. ment that derives from a misunderstanding of the For example, lawyers or law clerks who nor- difference between the requirements of justice mally would live and work in the rural area could and the institutional innovations that have been now stay in the larger city, thereby depriving associated with improving the quality of justice local areas of these social contacts. This type of in urban centers. During this study, judges, problem should be anticipated by judicial offi- clerks, and other court personnel working in cials contemplating such a system. rural courts recognized the limitations of their 8. Court improvement in nonmetropolitan resources and acknowledged their interdepen- areas can result from a variety of federal, state, dence with other levels of government. and local efforts, but the most effective means of Many workshop participants expressed an significantly improving court services is likely to interest in state or federal assistance. Certainly, be a series of cooperative programs oriented there is a realization that the judicial service area toward the local community. Residents of rural extends beyond the boundaries of a given town 74 Rural Courts

or county. In fact, many rural judges are con- court requests technical assistance, it could re- vinced that the key to rural court improvement is ceive recommendations that are more tailored to the development of more judicial resources for the rural environment. the local community through judicial leadership Another area that workshop participants dis- at the state level. cussed was the use of state-level judicial man- One example of the need for cooperative pro- agement standards for uniform court improve- grams is judicial education and training. Most ment. These standards are not the same as the rural judges expressed the need to overcome a criminal justice procedural standards or the sense of isolation from colleagues and the standards of court organization supported by mainstream of developments in law across the LEAA, the American Bar Association and other country. But rural communities cannot afford to groups. Rather, management standards, as the establish independent educational programs term is used here, refers to basic or minimum even though there is a strong commitment on the levels of judicial service that local governments part of judges and court personnel to improve should provide to residents of rural com- their understanding of the law and legal and munities. States may want to provide financial management procedures. This can only be ac- incentives to encourage local communities to complished when statewide educational pro- meet judicial management standards. States that grams are created. have adopted statewide court financing pro- Rural court people, however, have sometimes grams should be more successful in providing a criticized the way in which state-level programs uniform level of judicial services for urban and have been developed and administered. One rea- rural citizens. But in those that have not, it is son for this criticism is that educational programs important that state leaders help local officials to for rural judges have sometimes focused on court understand the needs of courts and to realize that processes and procedures more common to judges can work better and more efficiently urban courts. The result is that a certain amount when they have secretaries, law clerks, adequate of healthy skepticism continues to exist toward courtrooms, and other resources that can assist solutions proposed by state-level administrators them to manage their workloads more effec- or others promoting changes from outside the tively. local areas. Even so, assistance is welcomed and 9. In most cases, rural courts will benefit can come from an “outside expert” from a met- from the availability of central services, but ropolitan area, in which case, the expert should court reorganization is not a panacea; planning be sensitive to the rural court and its special for the proper allocation of limited judicial re- needs. Where rural court personnel have been sources should continue to involve urban and involved in developing statewide training and rural court leaders. The most important question technical assistance services, the degree of rele- facing any judicial system is how limited re- vance of the programs to local interests has in- sources and services can best be organized to creased. provide the most meaningful judicial services to One response for improving rural courts all segments of society within its jurisdiction. As would be to develop a cadre of consultants in highly mobile and interdependent a society as rural court management. A national rural courts America has become, we can “no longer tolerate technical assistance effort could train consultants widely varying standards of criminal justice in in the particular needs and concerns of nonmet- terms of the protection afforded, the caliber of ropolitan courts as well as catalogue and analyze justice meted out, the success of rehabilitative successful rural court programs. Then when a efforts, and the costs incurred. Expenditure pat- Improving Rural Courts 75

terns and resource allocation for police services where the funds are spent.) must be balanced against resource commitments Many workshop participants recognized the for legal services, courts, and correctional ac- need for unified courts or other court reorganiza- tivities, regardless of the source of the expendi- tions with more centralized administrative au- tures. Criminal justice services must be available thority. There are many sound reasons for reor- and accessible in all communities in accordance ganizing a state court system, and rural courts with their needs, not their fiscal capabilitie~.”~ can benefit from such an action, especially if at As one response to this difficult challenge, the same time more responsibility for oversight many states have created unified court systems.6 of the judicial system is given to local judges. Other states have tried various means of subre- But court reorganization that results in less atten- gionalizing or subcentralizing prosecution, de- tion or fewer resources for rural courts must be fense, law enforcement, correctional, and judi- studied carefully. Local judges who have tradi- cial services. On the basis of these experiments, tionally had to jostle with local officials for funds it seems evident that rural courts can benefit from and facilities are no better off after court reor- the availability of central administrative services ganization if they must compete with urban in state judicial systems, providing that states courts for needed funds. Merely transferring a remain sensitive to the need for local autonomy problem to a higher level or to a different branch by distributing judicial and administrative re- of government does not assure that it will be sponsibilities along functional lines. (As one il- resolved unless mechanisms for adequate local lustration, court financing can occur at the state input are built into the system. And, after all, level, while the responsibility for budget prep- “much of the system required to control criminal aration can be placed at the local or regional level activity must operate at the community level, 76 Rural Courts

under local control, and with a high degree of ment should be large enough to provide services community involvement and support.”’ at a relatively low unit cost and uniformly over Where courts have been unified or where ad- the entire area. But services which depend on ministrative support services are supplied at the continuous political control, popular citizen par- state level, rural court personnel have consis- ticipation, or frequent contact with the public are tently expressed a keen interest in being involved more satisfactorily handled by smaller or local in planning that is aimed at improving their jurisdiction^.^ States which have consciously or courts or court operations. It is clear that such unknowingly followed such guidelines in estab- involvement is helpful in the planning process. lishing centralized judicial administrative serv- State level leaders-judges, administrators, ices seem to have succeeded well. For example, legislators and others-need the advice and centralized services have included training, counsel of people working in the rural commun- financing, management analysis, planning, ity. forecasting, logistics, data storage and analysis, State leaders do not universally have an inter- and program analysis. Local courts, on the other est in or awareness of rural court problems. hand, have concentrated on operations, data col- Planning boards, committees or task forces or- lection, recordkeeping ,budgeting, direct service ganized for statewide purposes should include delivery and management, and public relations. representatives from rural areas. Without local States that have not been as skillful in allocating involvement, planning efforts resulting in pro- responsibilities have encountered difficulties grams to serve rural needs may address the with court reorganization. wrong problems or may appear to belong so Such a functional division can create tensions exclusively to one level of government that local between the state and local levels, but with commitment is less than needed or desirable to adequate planning the tension can become a make the program succeed.s healthy review of each other’s activities. For One method of encouraging this concept of example, if central personnel regularly visit local court interdependence is to increase state judicial courts or if local personnel sit on statewide leaders’ awareness of the variety of court envi- committees or boards, each can better under- ronments. State judicial plans should provide for stand the perspective of the other. overall development and growth, and they In summary our research strongly suggests should also have sections geared to specific that improvements in the quality of justice in rural urban and rural needs. State administrative staff areas can best be achieved through interdepen- should regularly collect statistics and other data dent, cooperative programs that encourage state that will bring differences in demographic trends and local court improvements. Where possible, or needs to the attention of judicial and legisla- strategies for providing better quality justice to tive policy makers. rural areas need to be based on institutional pre- Another way to strengthen local courts is to cepts that strengthen existing communities and divide responsibilities between courts by func- their traditions rather than turn them into depen- tion as well as by jurisdiction. For example, dent components of larger regions. criteria for dividing functional responsibilities between state, regional, and local governments Conclusion have been suggested by the Advisory Commis- The Rural Courts Workshops Project has sion on Intergovernmental Relations. In a recent gathered a diverse collection of impressions, study, the Commission recommended that the data, comments and ideas about rural courts. administrative jurisdiction of a unit of govern- Earlier chapters examined some of the dimen- Improving Rural Courts 77

sions of rural life, primarily to draw attention to oriented project; research was secondary to the its changing nature and to emphasize the special central task of workshop design and operation. aspects of the rural environment-distance and With an intentional bias toward local or state population density-that influence court opera- preferences in workshop programs and tion and administration. The main part of this background research, it was not possible to report discussed some of the more prominent gather data representative of rural courts across problems of rural courts-those associated with the country. Much of the original data or infor- providing quality personnel, training judges and mation is thus regional in nature, although re- other court employees, overcoming the prob- search in the existing literature suggests that lems related to distance, building satisfactory courts in many rural parts of the country have physical resources, delivering effective court- similar problems. As a result, no attempt is made related social services, and maintaining sound here to present a “national plan” for meeting intergovernmental relations. The intent was to rural court needs, Trends are noted, but care has indicate what is being done-in four Great Plains been taken not to stretch generalizations too far. states as well as in other parts of the country-to Program planners and funding agencies solve these significant problems. This report also should be mindful that rural court problems vary suggested some of the management and policy from state to state. Each of the states visited considerations related to solving rural court during the project was at a different stage of problems and reviewed their implications for development in its judicial system, and no two those involved in court planning. court systems or programs were the same al- The data produced during this study had sev- though similarities could be observed. But, state eral limitations. This was primarily a program- laws and different judicial structures or programs 78 Rural Courts

did not always prove to be the most critical central policy makers or planners. But it cannot variables for maintaining quality services in rural be a complete or comprehensive checklist. courts. Culture, economics, habits and routines, Hopefully, it is a useful starting point for further administrative and leadership capabilities-in analysis and for the development of programs short all the things that affect the operation of that will improve rural court operations without urban court systems-are present and powerful sacrificing the strong points of these courts as influences in rural courts. And to the credit of they are today. judges, court personnel, and local officials in the states involved in this project, it can be said that NOTES judicial services are reasonably available in most, if not all, rural communities. Services may ‘“Megalopolises” is a term used by Herman Kahn in his studies of urbanization trends. not always be convenient, but courts are accessi- *Advisory Commission on Intergovemental Relations, ble to a large number of people living in rural Improving Urban America: A Challenge to Federalism, areas. (M-107) (Washington, D.C.: September 1976), p. 266. 3Ralph R. Widner, “Economics, Federal Expenditure Pat- The fact that rural court services are generally terns Touch Off New Regional Alliances,” ASPA News and available does not imply that the problems are Views, American Society for Public Administration. Val. less complicated or more easily resolved than 21, No. 3, March 1977, p. 1. those of their urban neighbors. On the contrary, ‘Joel R. Hamilton and Richard Reid, “Rural Com- munities: Diseconomics of Small Size and Costs of Migra- not only may rural court problems be as complex tion,“ Growth and Change, January 1977, pp. 41-44. as those of urban courts, but their resolution may The weight of the evidence seems to support the be at least as difficult because of limited re- contention that small communities suffer from significant diseconomies of small size and that out-migration sources and the attitudes and perceptions of imposes an additional burden of increased cost on those legislators, administrators, or others-both people who remain. . . the dilemma of the small com- within and outside rural court systems-who munity becomes obvious. To maintain the level of community services available in larger communities may not fully understand the nature of these may cost so much that the tax burden itself might force problems. Within the rural environment changes out-migration. Alternatively the reduced level of com- aimed at problem-solving may create new con- munity services dictated by ability to pay can also encourage people to move elsewhere. A small com- cerns or require courts to relinquish some desira- munity which is growing must add very real growing ble characteristics. To the extent that this effect pains to its problems of diseconomies of small size. occurs, rural court concerns are dilemmas rather One very real implication of this cost structure is the need to educate small-town residents of their dilemma. than problems. These residents are being asked to approve bond issues It has become clear that the rural environment and levy the supporting taxes. High costs should be poses challenging issues for the effective deliv- expected by people who live in small towns. No amount of heat on the school board or the county ery of services, and these issues must be ad- commissioners can erase the fact that it costs more per dressed in order to preserve a vital local institu- capita to run a small community. tion such as the court. The process of change is A more general (and more controversial) implication concerns national population policy. If society thinks incremental, and those who try to improve the that small communities are worth saving-that it would court must work with the existing situation. In be bad if we all lived in communities ranging from the workshop phase of the project, repre- moderate cities to megalopolis-then we need to continue and improve what we have been doing in the past sentatives of diverse groups in the system came under the heading of rural development. If the apparent together to discuss common problems and poten- recent trend toward small-community growth is to be tial solutions. This report attempts to raise the sustained, we must continue to promote the economic growth of these places. Alternatively (and simultane- level of awareness about rural court issues and ously) we can continue the development of subsidy program areas for rural court personnel as well as structures that allow small communities to offer a range Improving Rural Courts 79

of community services that will hold and attract resi- Brookings Institution (Washington D.C.: 1969), pp. 231-32. dents without imposing an impossible tax burden. In this classic analysis of federal-state-local interrelation 6Advisory Commission on Intergovernmental Relations, resulting from community action and model cities programs, Improving Urban America: A Challenge to Federalism. p. the author suggests that an appropriate “model” for provid- 124. See also, ACIR, State-Local Relations in the Criminal ing federal assistance to nonmetropolitan areas of states Justice System. (A-38) (Washington, D.C.: U.S. Govern- would be a system of multi-county agencies with responsibil- ment Printing Office, August 1971). ity both for planning and facilitating action programs relating ‘See Larry C. Berkson, “The Emerging Ideal of Court to economic and community development. He emphasizes Unification,” Judicature, Vol. 60,No. 8, March 1977, p. that the interests of all-federal, state and local 372-382. governmentwannot be served if these agencies are con- ceived as belonging exclusively to any one level of govern- ‘Advisory Commission on Intergovernmental Relations, ment. While economic development “models” donnot con- Improving Urban Amerim: A Challenge to Federalism. p. template planning for courts, the principle of local involve- 124. See also, ACIR, State-Local Relations in the Criminal ment seems highly relevant. Justice System. (A-38) (Washington, D.C.: U.S. Govern- *Advisory Commission on Intergovernmental Relations, ment Printing Office, August 1971). Improving Urban America: A ChalIenge to Federalism. p. *James L. Sundquist, Making Federalism Work, The 110-1 19.

Appendix: Background Papers and Conference Notes

Introduction and Chronology August 1976 This publication comprehensively describes the Rural Courts Workshop state of nonmetropolitan courts and the management Billings, Montana and policy issues that pertain to those courts. To help Sponsored by the National Center and ICM for achieve that purpose, it is important to note the related court personnel from Wyoming and Montana conferences and studies that preceded this one and the October 1976 activities currently planned to follow this study. This Briefing on Rural Courts publication is not the first, nor will it be the last, Washington, D.C. treatment of the particular issues of rural courts. The Sponsored by the U.S. Department of Transporta- subject is receiving increased interest and attention, tion to review what studies to undertake with and in this section we present asummary of the previ- regard to rural traffic and alcohol adjudication ous work in the field. The following rural justice November 1976 conferences or activities have occurred in the last three Planning and Architecture for State Court Programs years. and Facilities March 1974 Champaign-Urbana, Illinois First National Conference on Rural Justice Sponsored by the National Clearinghouse for Crim- Snowmass at Aspen, Colorado inal Justice Planning and Architecture with ses- Sponsored by the Institute for Court Management sions on court planning and facilities in rural and the National Center for State Courts areas May 1974 Rural Criminal Justice: Issues and Answers February 1977 Wingspread Conference Center, Racine, Wiscon- Rural Courts Seminar sin Denver, Colorado Sponsored by the Rural Crime and Justice Institute Sponsored by the National Center for State Courts for rural criminal justice personnel from four to review issues covered in this publication states May 1977 November 1975 Workshop on Rural Justice Rural Law Enforcement: A Perspective on the Fu- Orlando, Florida ture Sponsored by the Institute for Court Management Keystone, Colorado In addition, the American Bar Association and the Sponsored by the Rural Crime and Justice Institute National Rural Center are presently planning a Na- for law enforcement in LEAA Region VI11 tional Conference on Rural Justice for November May 1976 1977. The conference will discuss the operation of the Rural Courts Workshop justice system, the delivery of legal services to the Mandan, North Dakota residents of rural areas, and the effect of public educa- Sponsored by the National Center for State Courts tion programs on the public’s use of the justice system. and the Institute for Court Management for court It will emphasize the need to direct services particu- personnel from North and South Dakota larly to poor persons and minorities. 81 82 Rural Courts

First National Conference flicts of interest which could occur were seen as a on Rural Justice problem. Conferees concluded that a system of full- This section summarizes the proceedings of the time prosecutors would be preferred. First National Conference on Rural Justice sponsored Judges. Conference participants strongly con- by the Institute for Court Management and the Na- demned the tendency of rural judges to relinquish tional Center for State Courts in March 1974 at control of the courtroom. It was concluded that effec- Snowmass Village, Colorado. tive pretrial procedures in jury cases would be condu- This conference brought together fifty-four partici- cive to a more orderly trial and better judicial control pants from nineteen states including judges, court of the trial. Most participants agreed that it was better administrators, sheriffs, prosecutors, and defense at- to have the court set cases without counsel present than torneys. The conference proceeded through stages of to use the traditional “calling of the docket” which problem identification, solution generation, and dis- wasted the time of attorneys and other personnel. cussion of the implications of solutions, after which Other suggestions for improving the operation of participants tried to reach a consensus. The following the court included reduction of arraignment time by points were discussed during the conference. use of a form sheet containing questions to be filled out Jurors. The conferees acknowledged that jurors were by defendant and counsel prior to court appearance generally involuntary participants and that the court and preparation of a trial summary for the news media should make the experience as interesting and as con- by the judge to ensure more accurate reporting. venient as possible for the jurors. The conferees noted, Conference participants also took a firm position on for example, that advance juror questionnaires saved the need for continuing education for all court-related time and avoided embarrassing questions at voir dire. personnel and for written standards and procedure Discussions of several methods of saving time and manuals. expense explored multiple scheduling of jury cases, More difficult problems facing rural judges relate to limiting use of grand juries, and cutting down the size inadequate facilities and equipment. While a judge of the jury. might legally require reasonable facilities, for political Clerks and court administrators. One problem re- reasons it was recommended that judges use persua- sulting from the travel required of many judges was sion rather than compulsion. the unavailability of judges for informal conferences Finances and rural justice. Many of the problems and emergency matters. Conference participants ob- facing rural courts result from inadequate financing. served that the absence of the judge while he is travel- Most rural court funding comes from county ing is often interpreted as negligence or simply that the treasuries. Some participants believed that a judicial judge is not working. Clerks are often expected to fill administrator might be more effective in getting in for the judge, rearrange schedules, advise jurors not county funds for the court. Others suggested going to to report, and so forth. This overburdens the clerks and the state government for financing, although the im- subjects them to potential infringement on judicial plications of this in terms of local autonomy should be discretion. A possible answer to these problems, con- considered. It was recommended that the judge be cluded the conferees, lies in the appointment of a court more active temporarily in obtaining LEAA, revenue administrator, but there was no consensus on the na- sharing, and highway funds. ture of the position and what area the administrator The conference concluded with enthusiastic en- should cover. dorsement of the idea that an office of rural court Sherifls. In discussing rural sheriffs, conferees specialist be established at the National Center for complained that the rural sheriff is often a friend of the State Courts and that the interest generated by the prosecutor, but later discussion concluded that this conference be maintained through other activities such does not present a significant problem. A problem as pilot projects to assist rural courts. related to sheriffs was the lack of courtroom security in rural courts. No solution for this problem during an Rural Criminal Justice: unforeseen emergency was suggested. Issues and Answers Bailiffs. The problem relating to bailiffs was simply In May 1974, the Rural Crime and Justice Institute the difficulty in obtaining and training competent sponsored a two-day conference on Rural Criminal bailiffs. A manual outlining bailiffs’ duties was rec- Justice: Issues and Answers. This conference, popu- ommended as a partial solution. larly known as the Wingspread Conference because of Prosecutors. Part-time prosecutors and the con- its location at the Wingspread Conference Center in Background Papers and Conference Notes 83

Racine, Wisconsin, gathered representatives from all the limited size of departments makes it difficult to parts of the criminal justice system from Minnesota, release someone to attend training sessions. North Dakota, South Dakota, and Wisconsin. Stated Local control. All participants felt that local control goals of the conference were to identify the particular and pressure was a problem faced by the rural justice nature of rural crime, utilize participants’ experience system. Police felt pressure to arrest outsiders and not and expertise to generate alternative solutions, and local people. Judges and prosecutors also felt com- develop a means of having immediate and long-range munity pressure to apply law more strictly to outside impact on federal law makers and government agen- offenders. One judge identified one of his major prob- cies. lems as protecting the rights of outsiders. Rural-urban differences. The premise that there Another aspect of local control was a fear that the was a difference between urban and rural criminal inability of local areas to provide for the needs of their justice was challenged at the outset of the conference. justice systems would result in a loss of local control Some participants felt that basic problems were the through increasing dependence on state and federal same; they were only treated differently, and the pur- resources. pose of the conference should be to provide equal Juvenile justice. In the discussions of juvenile jus- services to rural and urban citizens. Other participants tice, much of the blame for juvenile deviancy was disagreed and suggested that the major difference was placed on devaluation of family life, increased re- the more personal treatment of people in criminal liance on community social systems in which there is a justice systems in small rural towns where members of low tolerance for deviance, and schools which cannot the system know each other as well as know the meet the needs of their students. offenders. The remainder of the conference was spent in defin- Participants also perceived a difference in the types ing and confirming individual commitments to seek- of crimes which are processed in rural areas, speculat- ing solutions to the justice problems facing local ing that many of them would be ignored in cities. communities. Most of the rural participants felt that Crime is also more visible in rural areas, and the the issues raised during the conference were unique to relative absence of serious violent crime permits their environment. But many problems are shared by police to focus more on minor crimes. Rural standards urban areas, such as effect on juveniles of devaluation of personal conduct were also seen as being stricter. of the family, disparity in sentencing, poor communi- Communication. Communication between agen- cation between members of the criminal justice sys- cies was the most critical issue identified during the tem, and dffferences between neighboring com- conference. One reason it was seen as a problem was munities’ enforcement of laws. The words of one the overlapping of roles within the rural criminal jus- speaker perhaps summed up the conference sentiment: tice system. Unmet expectations of performance or “What we need is a good rural or nonmetropolitan ideological differences between subsystems such as model. There is a significant distinction between rural probation and police were identified as sources of poor and urban. Our turf is different, and we should be communication. In addition, participants expressed proud of it.” concern over communication with the public. Standards. Another issue discussed was the lack of Rural Law Enforcement: standards relating to practices, procedures, and per- A Perspective on the Future sonnel. For example, differences exist between Rural Law Enforcement: A Perspective on the neighboring communities’ enforcement of traffic or Future-a conference conducted by the Rural Crime liquor laws, and there is disparity in sentencing be- and Justice Institute at Keystone, Colorado, in tween judges. There is a need for personnel standards November 1975-sought to bring the needs of crimi- and professional criteria, especially as they may relate nal justice and, specifically, the needs of rural law to elected officials such as sheriffs. enforcement to national attention. The conference par- Training. Training was a third problem identified ticipants included six representatives from each of the by conference participants. Need for training was states in LEAA Region VI11 (Colorado, Montana, linked to a lack of specialists in rural justice systems. North Dakota, South Dakota, Utah, and Wyoming). The perceived result was a dependence on experts Each state’s contingent included a highway patrol-

1 from metropolitan areas who were unable to relate to man, a sheriff, a local police officer, a judge, a proba- rural problems and the rural experience. Acquiring tion officer, and a state planning agency official. One training can be a problem for rural personnel because intent was to remove the urban bias from the tradi- 84 Rural Courts

tional perspective of rural areas and, through the col- more effective ways of involving citizens in crime lective experience and understanding of rural criminal prevention and control. Development of citizen educa- justice practitioners, define and present the real prob- tion and involvement programs and state funding of lems of rural areas. This was done through a pre- comprehensive crime watch programs may be practi- conference survey identifying distinct rural needs and cal alternatives. Likewise, local governments could a conference agenda focusing on those needs. promote, solicit, and support citizen suggestions for Several of the needs identified were more training determining minimum performance and standards of for small law enforcement agencies, physical facilities local law enforcement agencies. that meet minimum standards for effective law en- The final conference activity produced recommen- forcement, basic law enforcement equipment, ongo- dations directed toward the federal government’s need ing evaluation of what is effective service delivery, to recognize rural criminal justice issues by creating adequate record systems for collecting crime data, some type of rural directorate division within LEAA. adequate salaries, benefits. and manpower, and coop- One task of this directorate would be to provide eration and resource sharing between law enforcement clearinghouse services for exemplary projects in rural jurisdictions. areas. During the conference, these needs were ranked and This conference provided a forum for identifying conference recommendations established. Keystone and discussing rural law enforcement issues and de- Conference participants identified their highest prior- veloping specific recommendations directed to local, ity as the need for cooperation, coordination, and state, and federal government. The conference action resource sharing between law enforcement agencies. plan was sent to legislators and federal government Suggested approaches for meeting this need included officials in an attempt to bring to their attention prob- mutual assistance agreements, periodic interagency lems facing rural law enforcement agencies. meetings, and increased sharing of information, publicity, and publications. Other recommendations ex- Rural Courts Workshops tended to state advisory boards and specific legislative Workshop A (Mandan, North Dakota). The first of enactments. the Rural Courts Workshops brought together court The need to provide training to widely dispersed personnel from North Dakota and South Dakota in law enforcement officers in small agencies was of the May 1976 for a two-and-a-half day meeting aimed at second highest priority. One problem identified here identifying the problems and concerns of rural court was that law enforcement training programs often do operation. There were thirty-eight participants, not reflect the needs of rural areas. To meet this twenty-one from North Dakota and seventeen from problem, the participants recommended more on-site South Dakota. They fell into the following categories. training determined by needs assessments based on North South personal interviews. Dakota Dakota The third priority was adequate salary and benefits. Judges 9 7 According to one participant, “the demand for Court administrators 4 2 skilled, trained professionals in the rural criminal jus- Clerks 2 2 Prosecutorstlaw tice system has increased, but the salaries have not.” enforcement 1 2 Recommendations were directed to state legislatures Attomeysldefenders 2 1 to set minimum standards for criminal justice person- Probationlcorrection 2 0 nel and remove maximum salary limits. The confer- LEAAISPA 1 2 ence also recommended that state legislatures estab- Legislators 0 1 lish a statewide benefit program for all criminal justice The workshop program was the product of a series personnel. of discussions among the project staff, the state court The next priority was the need for fiscal alternatives administrators, and the court specialists of the state to support law enforcement services in the face of a planning agencies of the two states. Speakers and constricting local tax base. Recommendations in- subjects discussed for this workshop are outlined be- cluded a call for state-mandated programs to be state low. funded and for local government and law enforcement Caseflow Management administrators to tap federal and private sources for Thomas U. Cameron funds to support law enforcement. Institute for Court Management Conference participants also felt a need to learn Prosecution Services Background Papers and Conference Notes 85

Preston Trimble of Wyoming meet annually for a training session. At National District Attorneys Association the request of the Wyoming Court Coordinator, staff Defense Services of the Rural Courts Workshops Project conducted one Shelvin Singer session of the June 1976 seminar. At the session, the National Legal Aid and Defender Association staff circulated a report on the status of nonlawyer Legal Research judges throughout the country, distributed a question- Geoffrey Peters naire used for project research, and led judges of Creighton Legal Information Center (CLIC) limited jurisdiction Wyoming courts in a discussion of Court-Related Social Services their concerns. Nancy Maron During discussions in small groups, the minor court National Center for State Courts judges raised a wide variety of concerns, some of Court Facilities which applied directly to specific state statutes or Nancy Hall and James M. Smith practices. Others involved the options available to the National Clearinghouse for Criminal Justice Plan- judges or their courts such as sentencing alternatives ning and Architecture and criminal defense services. The judges also em- Court Management phasized the need for more administrative help in the Henry V. Pennington form of regular assistance from the court coordinator’s Kentucky Circuit Judge office, more training, and better statistical reporting. Jury Management Finally, the Wyoming judges of limited jurisdictions Thomas U. Cameron stressed their problems with other agencies, especially Institute for Court Management the local prosecutor, the police, and the county gov- Discussions and group problems followed the ses- ernments. sions listed above. In these exercises, the participants In a plenary discussion, the participants grouped were given hypothetical rural court managment prob- these concerns, discussed their implications, and indi- lems for which they explored the issues behind the cated their priorities. They were primarily concerned perceived problems, developed alternative solutions, with enlarging the scope of their responsibilities and discussed various means to implement the desired having available more training and better bench books solutions, and selected priorities for action. Following and manuals. They also expressed a desire for ex- the discussions, Edward B. McConnell, Director of panded services from the state court services and im- the National Center for State Courts, addressed the proved forms for court procedures and statistical re- participants on the relationship between court man- porting. agement and the delivery ofjustice. In the discussions The seminar session exposed the Wyoming partici- and group problems, the participants were divided into pants to a variety of suggestions for improvement and four groups to promote full discussion. Four group higher professional standards. It also provided the leaders facilitated discussions: Lawrence Backus, project staff with valuable information on the position LEAA Region VI11 Courts Specialist; Donald Cullen, and concerns of rural court judges in one state. Nebraska Assistant State Court Administrator; Laur- Workshop B (Billings, Montana). The second ence C. Harmon, Minnesota Office of Continuing workshop, held in August 1976, involved court per- Education for State Court Personnel (now Minnesota sonnel from Montana and Wyoming. The workshop State Court Administrator); and Lynn A. Jensen, Na- differed from the first in two major ways: it presented tional Center for State Courts. much more information so that the participants could Many ideas, comments and suggestions made dur- learn about specific programs or techniques, and it ing the workshop have been included in the text of this depended on panel presentations rather than on group report. Several others have prompted the development discussions. of programs in the courts of North and South Dakota. There were thirty participants, fifteen from Wyo- A specific example is the North Dakota Legal Infor- ming and fifteen from Montana. They fell into the following categories: mation Center, developed on the CLIC (Nebraska) Wyoming Montana model. The workshop was not a training seminar; Judges 6 4 rather, it was a forum for mutual exploration of ideas Court administrators 1 2 and techniques. Clerks/court reporters 2 4 Wyoming Minor Court Seminar (Douglas, Wyo- Prosecutorsllaw ming). The justices of the peace and municipal judges enforcement 2 1 86 Rural Courts

Wyoming Montana eration. Likewise, three judges of limited jurisdiction Attorney sldefenders 2 2 courts commented on the need for judicial training and Probation officers 1 0 some possible training methods. After the general LEAAISPA 1 1 presentation on court-related social services, the direc- Citizens 0 1 tors of two such programs in Montana and As in the first workshop, the program resulted from Wyoming-Yellowstone County, Montana, Deferred a series of meetings and discussions with the National Prosecution and Cheyenne Volunteer Probation- Center, the Institute for Court Management, the state described their programs. court administrators, and the courts specialists of the Three other sessions completed the program. state planning agencies in Montana and Wyoming. Margery Brown, Assistant Dean of the Montana The topics and major speakers follow. School of Law, described the establishment of a new Operating Procedures in Nonmetropolitan Courts legal research service in the state, and Lawrence Bac- Court Management kus of LEAA made some comments about his agen- Henry V. Pennington cy’s activities as they affect courts in rural areas. Kentucky Circuit Judge Finally, William G. Bohn, North Dakota State Court Caseflow Management Administrator, discussed the characteristics of court Thomas U. Cameron administration in a rural state. Institute for Court Management The emphasis in this workshop was on training in an Record Keeping informal setting using participants in a panel format to Ruth Steel Eppeland respond to speakers’ presentations. As a result, the Minnesota District Court Administrator workshop did not have the eclectic discovery nature of Accounting Techniques the earlier one, but it delivered information to the Donald Cullen participants. The use of workshop participants as Nebraska Assistant State Court Administrator panel members decreased the likelihood that the The Use of Forms speakers would make incorrect assumptions or over- Henry V. Pennington generalizations as a result of their lack of familiarity Kentucky Circuit Judge with the rural environment. Application of Technology Rural Courts Seminar (Denver, Colorado). In order Donald S. Skupsky to provoke comment and thoughtful discussion of the National Center for State Courts issues of rural court management, the final meeting of The Use of Bench Books the Rural Courts Workshops Project took the form of a Theodore J. Fetter seminar in late February 1977. Prior to the seminar, National Center for State Courts the project staff distributed a draft of the final project Courts in the Justice System Environment report to the invited participants. The report provided Dennis Kleinsasser a starting point for extended discussions about the Rural Crime and Justice Institute nature of courts in rural areas. Court-Related Social Services The seminar had twenty-seven participants: Nancy Maron 5 Judges National Center for State Courts 7 Court administrators Training 3 Academics Carl Eklund 2 Representatives of rural associations or court American Academy of Judicial Education consultants Donald Cullen 4 Staff members of the National Center for State Nebraska Assistant State Court Administrator courts Several of these presentations were augmented by 2 LEAA SPA representatives panels of workshop participants. For example, after 4 Project staff members Dennis Kleinsasser discussed the interrelationships of The participants to some extent reflected the re- the various justice system agencies in the rural envi- gional nature of the project, but persons with a na- ronment, a county sheriff, a former part-time pros- tional perspective were also invited to participate. ecutor, a public defender, a citizens group leader, and The seminar included several formal presentations an SPA courts specialist discussed their own experi- and offered considerable opportunity for discussion. ences and reactions to the issues of interagency coop- The purpose of the presentations was to stimulate Background Papers and Conference Notes 87

ideas on how to improve rural courts. The seminar editing what we hope will be a humane and sympathet- included the following presentations. ic portrait of a community and a people that we have Rural Society and Its View of the Legal System grown to love very much. Jessica Pearson, Sociologist, University of Denver I’m here to talk a little bit about the view of the legal The Perceptions of a Metropolitan Judge on the Dif- system in the rural community that I’m familiar with. ferences Between Rural and Urban Courts In addition to using material that I’ve culled from our Judge Robert A. Wenke, Los Angeles Superior interviews over the last few months, I did some special court homework for today and talked to a county court The Relation Between the Rural Environment and the judge, a county court clerk, a district probation of- Components of the Justice System ficer, a sheriff and a town police officer. Dennis Kleinsasser, Director, Rural Crime and Jus- Before I turn to an analysis of some of the attitudes tice Institute and perceived characteristics of the legal system that Rural America: The Perceptions of the Federal Gov- the interviews revealed I want to put the remarks in ernment context by giving you a bit of a background on the area John M. Cornman, Director, National Rural Center from which they come. I won’t present too many During the one-and-a-half day seminar, the partici- statistics but I will throw a few out so you can compare pants offered many valuable suggestions for this pub- them to your own situation and your own settings. lication. They also sharpened their understanding of a First of all, the county is a center for dryland farm- great variety of rural court issues and the complex ers who raise wheat and milo and irrigation farmers interrelationships of problems. They urged a concise who grow corn and alfalfa. It’s a diversified farming appeal to state legislatures which would outline the area. There are numerous beef producers and alfalfa needs of nonmetropolitan courts and the distinct ways dehydrators and several large feedlot operators. The in which the legislature or county boards should view major government subdivisions are the county, the those courts. They also recommended expanded rural town, the water district and the school district. Social court programs in other regions of the country. life, as is typical all over rural America, centers As part of the preparation for this seminar, the around the local schools and local school sports sea- National Center commissioned a short study on the son. attitudes of rural residents toward courts. The result- There are four blacks in the county, all members of ing paper follows. one family. The census lists fewer than 400 Spanish speaking families, although there are unknown num- Rural Society and its View of the Legal System* bers of illegal aliens toiling in the county. Twenty-five Our introduction to small-town life in rural Col- percent of the population lives on farms; 75 percent orado began with my husband’s work as an attorney lives in the surrounding towns. But this underesti- representing fanners in southeastern Colorado. As his mates the pervasive and the exclusive influence of work continued, friendships developed beyond the agriculture on the area. There is no manufacturing attorney-client relationship. People from the town and whatsoever. Forty-five percent of the male population the surrounding country stayed at our house when they is directly employed in agriculture as either farm came to Denver and we began to reciprocate and operators, farm managers or farm laborers and em- explore life in rural America. We quickly realized that ployees. Another important area of employment is a sophisticated, educated urbanite has much to leam local government, including employment in the courts from life in a small community, and we became fasci- and the local schools. This is particularly important for nated. Eventually, we both quit our jobs, rented our the female employee population. house, and moved to southeastern Colorado to Forty-three percent of the male population over the “study” rural America. He practiced law, I substi- age of 16 has graduated from high school; the percent- tuted in the local schools, we attended all the basket- age is slightly higher for females. The median number ball games, went to every church in town, drank at the of school years completed for the male population is local pub, worked with people on their farms and just under 11 (10.9) and the average number of chil- generally hung around. In addition, we extensively dren born per woman is about 3.9. interviewed more than 100 people. These unpaid in- The Legal ProjZe of the Rural County. Before my terviews lasted from two to eight hours. We are now husband arrived there were three attorneys in the *Prepared by Jessica Pearson, Assistant Professor of county. This provided a ratio of about one attorney per Sociology, University of Denver. 1900 people. One of the attorneys doubles as a part- 88 Rural Courts

time district attorney and another as a part-time county vivors of the fist dust bowl, are resilient, strong, judge. The previous county judge was a man with a resourceful and self-reliant. Many of their attitudes seventh grade education. There are also two circuit- and resulting ways of life might be peculiar to their riding judges who service the county. experiences. So bear that in mind in case what I say Each town has a police court and a judge who is sounds like nothing akin to the attitudes in your area. appointed. There is a requirement that the appointed Attitudes and Perceived Characteristics of the judge have a high school education. He handles Legal System. The notion of the frontier ethic of jus- municipal ordinances and traffic matters. There is a tice remains strong. Several people I talked to ex- district probation officer, one district court administra- pressed support for a minimum of formal law. The tor, one sheriff, two undersheriffs, one matron, one probation officer, who is from a metropolitan area, dispatcher. Our town had one town marshal1for along said, “I find down here that the area is so conservative time before getting some special state funds to hire it is almost liberal. We have what we call the old someone else. Finally, there is a volunteer sheriff‘s frontier ethic ofjustice down here, which is essentially posse. ‘leave me alone, I’ll leave you alone, we’ll get along The jail facilities for the county were modernized fine.’ ” This ethic translates into a situation where with LEAA funds in 1972. The facility now holds anyone can do anything he wants as long as he doesn’t about thirty-two prisoners. Prior to this the jail con- bother anybody’s property. Obviously people are sisted of a two-cell steel cage. Each part of the cage upset by vandalism, but usually that is settled by was about 10 by 12 and, the sheriff told me, held about restitution. Citizens want the freedom to do what they 15 prisoners. want, and they dislike being told what to do by any Police activity for 1976 included 330 arrests and policeman or other authority. I think this is an observa- traffic charges. They included disturbances, criminal tion that is consistent with our general perceptions of mischief, theft, defacing property, 58 accidents, 8 law in this part of the country. injuries, 206 dogs picked up for running loose, and 38 Generally, business is still conducted with a hand- charges of allowing a dog to run at large. The total shake and many of the legalisms that prevail in the big caseload was 539 in the county court, 405 of which city are not pursued. Property crimes, particularly were traffic cases. At the district court level the county farm property crimes, offend more than moral crimes. contributed 536 cases of which about half were pro- Laissez-faire attitudes prevail. Closely tied to this is a bate cases. This total was less than one-third of the personal aversion to resorting to legal solutions. The total for the entire district. county judge observed, however, that in the twenty In preparing for this conference, I asked people I years he has been in the area, the aversion to formal: interviewed what expectations rural people have of dispute settlement has begun to wane. He attributes their legal system. How much law do they want, and this to the influx of outsiders. People are now more apt what kinds of law? What kinds of crimes are most to write things down instead of conducting business on offensive to public consciousness? I also tried to de- the basis of a handshake. They are also pursuing some termine the problem of personal ties in a small com- legal solutions. At the same time, everyone still knows munity and how these ties influence the impartial everyone else and this works to the benefit of a local administration of law. Finally, I asked questions on child or adult in trouble with the law. the strengths and weaknesses of the rural legal system. There continues to be a general reluctance to file a What I am going to recount to you is not necessarily complaint. The law enforcement officer puts it this unique to rural areas. I think much of it is a problem in way: metropolitan areas. I also am not sure whether it is It’s awful hard. If someone has to come down unique to this comer of the world; perhaps these and file a complaint they get to thinking, “well, characteristics or perceptions of the legal system I’ve got to live with these guys and I don’t want to would be inapplicable to the corn belt, for example, or cause anyone any trouble.” And yet they want other parts of rural America. You should bear in mind me to do something about it. I can’t do anything that this area that we have been living in is extremely unless they file a complaint and that is one of the remote. Denver is the closest large metropolitan area, most difficult things. We had a burglary awhile and that is 280 miles away. There is no other large back and a kid was involved. His father was a population center nearby. It is a climatically harsh good friend of the victim and the victim didn’t area. It is the dust bowl, the new dust bowl and the old want to get the father mad at him because they dust bowl. And the people who have stayed, the sur- were good friends, so we ended up dismissing the Background Papers and Conference Notes 89

case and about a week later the kid was picked up it.” And so, as he says, “we get things settled real again. quickly. ” The reluctance to resort to legal solutions is related Another feature of informal law enforcement or the to the difficulty in getting witnesses who will testify informality of the judicial process is the tendency to against local people. The judge said that years ago it excuse farmers from jury duty during planting and was impossible to get a witness. It is still difficult to harvest seasons. Technically no one should be ex- get people to testify against other people they know cused. But during peak season the clerk knows who is (and if they don’t know them directly their neighbors farming and refrains from calling farmers for jury duty know them, or there is some other relationship). There until the peak seasons are over. There is a general is also a reluctance to render a guilty conviction when acknowledgment, and a very wise one, that people local people are involved, especially children of who earn their living during those two or three weeks friends. This might change, however, in areas where when they are harvesting wheat should be exempted mobility is greater and where there is a higher turnover from jury duty. That, I think, is another aspect of the of population. But to the extent that this society re- informality of the system. mains intact, cut off from the outside, and people There is, in rural areas, a potential conflict of inter- continue to know one another personally, I think these est problem. Again, this is not unique to rural areas, observations will continue to apply. but it is accentuated by the prevalence of close per- There is a general reluctance on the part of people sonal ties. The judge knows everyone who commits a even to retain legal counsel. The county clerk says that crime and everyone who comes before him. He tells people barrage her with questions about how to do me that in the thirteen years he’s served on the bench everything themselves and she goes through her he has disqualified himself only once and that was standard speech every day about how she is not a when the person who would have been brought before lawyer and she can’t tell them how to do so-and-so. him had hit the judge’s own car. But short of that, he But people are suspicious, cynical and unfamiliar with doesn’t disqualify himself, and indeed, if he disqual- lawyers. They prefer to try to solve things in an infor- ified himself every time he knew the person or knew mal manner and do things themselves. about his or her family he would be disqualifying Informal law enforcement, I think, is another fea- himself from every case. ture of the legal system in our county. Again it rests on Juries also know the defendant or the plaintiff. They personal ties and strong individualism. These are rug- know not only the individual but his or her family. ged characters who have developed formidable sur- Often they know generations of the family, and they vival skills and are unwilling to do things other know what someone’s great aunt did and whether his people’s ways after all the years they’ve done things grandfather drank. They have information about the their own way. And so we have many examples of moral character and background of parties to a legal procedure being relaxed, with mediation and informal dispute that is not available to juries in metropolitan restitution being used as remedies. Again another areas. And there is some attempt to “fill in” the judge police officer said, on information he might not know. The county clerk You’ve got to approach people down here a lot told me that she “fills in” the judge when she thinks different. If you go straight by the book and you he doesn’t know about the family of a defendant, just say “give me your license” you know they particularly when a district court judge comes in and is get irritated at you. Say if somebody just ran that unfamiliar with the local scene. stop sign-flew right through-he’d probably Voir dire introduces different problems, too. In our get a ticket, but if he’d slow down before he got to area, probably the biggest prejudicial difficulty en- it and he just sort of eased through it, I’d probably countered is in the social attitude towards drinking. just stop him and talk to him about it. Now if he One is either saved or a sinner when it comes to didn’t have a license, then I’d write him one, but drinking. There is no concept of a social drinker, and not going by the book is general. cases can be made very difficult by a juror who be- The judge gives evidence of informal legal proce- lieves that anybody who has one drink is a drunkard dure. He relates stories of advising people of their and obviously had to be under the influence of alcohol. rights and being cut off by the defendant who says, The judge and the attorneys are very conscious of “Judge, you don’t need to go through all that. I want trying to identify people on the jury who have these to plead not guilty and I want you to try the case and very fundamental, religious attitudes about drinking I’m not going to have an attorney and let’s get on with because those attitudes can be very detrimental in a 90 Rural Courts

case. So close personal ties bring to the trial the stopping everybody and he was fired in no time. background of the defendant, his or her family, his or A lot of kids come back here for drugs. It’s her ancestors as well as the act for which the defendant secure, no one gets caught. I don’t feel secure in is charged. that sense, for crime and for running from the Another feature, again not limited to rural areas, is cops. The main thing for me is feeling secure and the problem of selective law enforcement. There is a feeling safe. You know everybody and it’s agood general feeling that minorities, outsiders, and foreign feeling. people are singled out for law enforcement. A person And she went on to say that many of the young who runs a local hotel and boards all the harvest men people who have been arrested for drug use in Boulder that come in seasonally is convinced that tenants are and Fort Collins have come back and have a secure called in for things that the local boys are not. There is base for their drug activities. Drug abuse is aparticular a feeling that wealthy families control the law en- problem because it involves many of these wealthy forcement agents and that in court money talks. The children in town. As a police officer said, “these kids notion exists that if you live in the nice part of town can see me a mile away.” They all know him and they they pat you on the back and tell you to go home and be know when he is coming. a good boy. One law enforcement agent talked about Ignorance and lack of familiarity with the legal these kinds of pressures. He knows that if he goes into system are features of rural areas, although not some homes he is going to have trouble. specific to rural areas. People do not understand court The people that have the money think they are procedure, the nature of evidence, the meaning of due just a little bit better than everybody else. That process. The police officer faces the problem of was a real problem when I first got here. Every- people unwittingly destroying evidence before he is body is under the impression that a small town called. cop [can be told what to do.] They tell you not to Most people, they are pretty much in the dark. pick on the rich kids, they tell you not to pick on I had a burglary up at the high school and I got up so-and-so’s kid because he’s got money; you there and they had conducted classes three hours ain’t supposed to pick on so-and-so’s kid because before they called me. They don’t realize your they’ve got money. All the rumors and gossip. evidence is being destroyed. People aren’t used You can check my records and you will find to that sort of thing. tickets on so-and-so’s kids and so-and-so’s kids This law enforcement agent was city trained. He is all the way down to the poor old wetbacks. One aware of ignorance at every level of the community as guy accused me of that and I just took him to my it pertains to the criminal justice system. files and I said, “check those tickets and see for The council tries to do a lot of things and I have yourself. ’ ’ to get across to them why they can’t do it. I find A sad footnote is that this law enforcement agent that the easiest way to do that is to just say well, was fired by the city council, presumably because he you can’t do that because the city would be liable was too rigorous and impartial in his enforcement for a law suit or something like that. I don’t want activities. We’ve gone through a tremendous number to sound like I’m bragging or anything, but all the of law enforcement agents in our town. Nor are the other law enforcement officers don’t care what kids in town unwise to the way things work; thus the they can or can’t do. daughter of a well to do farmer gave her reasons for There is a problem of keeping up to date-keeping coming back to town to live: up with statute changes, keeping up with changes in1 I probably will come back here. I’ve got a lot reporting procedures. The county clerk is very depen- of friends, know everybody and everything. That dent on certain reporting services. One police officer would be the only reason. I think that when went to training sessions in Denver and learned of everybody is brought up here they are kind of relevant statute changes. But there is lack of legal brought up to think this is a great place. There is library facilities. For example, there is not one copy of nothing to be afraid of. Everything is pretty se- the Federal Supplement or the Federal Reporter in the cure. You couldn’t get into trouble here hardly at county. Unless lawyers are very aggressive about try- all. You could do just about anything. There are a ing to keep up with changes in the law, they are lot of things that have happened that people in the behind. There is also a lack of understanding about city would be in jail a long time for, but it doesn’t some legal innovations. Probation, deferred sentenc- happen here. We had one cop here that was ing and pretrial release are not understood and are Background Papers and Conference Notes 91

viewed with a great deal of suspicion and resentment. sight which all professional training services have The idea is that some deal was made, that people are exhibited toward rural matters. getting off easy. The statistical record keeping requirements of the Finally, I think there is a general feeling on the part state and federal government as they mushroom place of everyone of being deprived, neglected and aban- a terrific burden on rural areas. Rural areas still have doned. People seem to feel very strongly that there is a their one clerk, or one and one-quarter time clerk, and lack of appreciation of the particular problems of rural they are doing all their regular work plus the additional areas-all types of rural problems, but in the case of forms, most of which were due last week. And finally legal matters, especially of distance problems. Case there is a feeling that even in the district, they are the load is a criterion for the allocation of salaries and all stepchild. The district judges do not like to come down kinds of resources and there is no consideration of the to the county. They like to stay in a more urban setting. fact that one has to drive seventy miles each way to District resources go to the bigger city areas in the appear in the court, or to get to any kind of statutes and district, and the feeling of neglect and abandonment is rudimentary legal services. There is a feeling that understood. because only fifteen or twenty percent of Colorado’s Not everything about rural America, however, is caseloads comes from rural areas those areas don’t negative. There are rewards-rewards that the people count. People resent this and feel very helpless about who are involved with the legal system and criminal it. justice process talk about. These include being a Low salaries in rural areas contribute to the high generalist rather than a specialist and experiencing a turnover of police officers and the lack of attorneys; feeling of personal gratification. Another positive as- personnel shortages are acute. One probation officer pect of living in rural areas is being someone who is has a quarter-time secretary; he was told in the course needed, someone who, on a day to day basis, does of a state survey or analysis that he needed another something that cannot be done by fifty or 100 others. It full-time probation officer, two secretaries and a vol- involves being important-being a person who is unteer coordinator. He laughs, sadly, because he re- missed and who services people who are basically ally does need them. There is one clerk for both the very friendly, unpretentious and very grateful. So district and the county court and another person who is there are very, very rich and important rewards. on quarter-time. As far as specific recommendations for improving The county clerk talks bitterly about her seven years rural legal systems are concerned, the overwhelming of requests for a decent typewriter. In response, she recommendation relates to personnel. Rural areas periodically receives used typewriters or broken file need more attorneys, they need clerks, they need pro- cabinets that don’t really lock, or, once, a Xerox bation officers, they need secretaries, and they need a machine that needed $200 worth of repairs. share of other resources such as equipment. The lack of training or the irrelevance of much of It was also suggested that pay scales be equalized the training that people receive is also a problem. The fGr policemen in rural and urban areas. It might cut out local police officer drove to Denver for special train- some of the extreme turnover experienced by rural law ing and learned that he should be using backup units. enforcement agencies. He has no backup units and no resources to create Further, the simple caseload measure to gauge the them. The sheriff learned about specialization that he volume of activity in the courts should be expanded to should be pursuing in his office. He doesn’t have include some acknowledgment of problems of dis- personnel to specialize. So much of the training, when tance. Finally, training programs, reporting services, there is training, is irrelevant because it is oriented and support services should be developed to keep rural toward an urban situation and does not address the personnel informed, to overcome the barriers of dis- particular, the unique quality of rural areas. tance, and to overcome the problem of a new clerk Appropriate legal training in such areas as tax laws coming in with no one to train her. Perhaps if there is a and estate taxes as they apply to rural areas is also training center in Denver she could go to-that was lacking. My husband studied a lot of tax law and one recommendation a clerk was very excited about. It practiced law in Denver in a large firm for two years took her two years to learn her job, because there was during which he did a tremendous amount of tax work. no one to train her. Hopefully she will train the next He knew nothing, however, about rural tax problems. person to take over, but if she is not there or something The same thing was true with estates. That is an happens, there will be two more years of hit and miss example of the general ignorance, the general over- until the next person learns his or her job. Attorneys 92 Rural Courts

also need continuing information on statute changes. National Association of Counties It is 280 miles each way for any of those attorneys to 1735 New York Avenue, N.W. go to Denver for anything-a formidable distance. In Washington, D.C. 20006 general, there is also a need for more public education National Center for State Courts in high school and adult education facilities to expand 1660 Lincoln Street, Suite 200 public awareness about courts, how they operate, pro- Denver, Colorado 80264 bation, deferred sentencing, due process, and the National Clearinghouse for Criminal Justice Planning like-in general, education to demystify the courts and Architecture and the legal process. 505 East Green, Suite 200 Champaign, Illinois 61820 National College of the State Judiciary List of Pertinent Organizations Judicial College Building The organizations listed here ace involved in pro- University of Nevada grams or studies pertinent to the delivery of legal or Reno, Nevada 80507 judicial services in rural areas. National District Attorneys Association American Academy of Judicial Education 21 1 East Chicago Avenue 539 Woodward Building Chicago, Illinois 6061 1 1426 H Street, N.W. National Legal Aid and Defender Association Washington, D.C. 20005 1155 East 60th Street American Bar Association Chicago, Illinois 60637 Special Committee on the Delivery of Legal Serv- National Highway Traffic Safety Administration ices Adjudication Branch 1155 East 60th Street U.S. Department of Transportation Chicago, Illinois 60637 Washington, D.C. 20590 Institute of Court Management National Rural Center 1405 Curtis Street, Suite 1800 1200 - 18th Street, N.W. Denver, Colorado 80202 Washington, D.C. 20036 Law Enforcement Assistance Administration Rural America, Inc. U.S. Department of Justice 1346 Connecticut Avenue, N.W. 633 Indiana Avenue, N.W. Washington, D.C. 20036 Washington, D.C. 20531 Rural Crime and Justice Institute Legal Services Corporation Center for the Study of Local Government 733 - 15th Street, N.W. 22 Fifth Avenue South Washington, D.C. 20005 St. Cloud, Minnesota 56301 Index of Innovative Projects and Programs

Benchbooks and Manuals trators fill in as magistrates when needed. Contact: Court Accounting Manual-Nebraska. This system Carl F. Bianchi, Administrative Director of the 1 provides a manual prescribing bookkeeping proce- Courts, Idaho Supreme Court, State House, Boise, ’ dures which can assist even untrained clerks in their Idaho 83720, (208) 384-2246. Ch. 3, p. 16. bookkeeping efforts. Contact: Donald Cullen, Assis- tant Court Administrator, Nebraska Supreme Court, Facilities 2412 State Capitol, Lincoln, Nebraska 68509, (402) Courthouse Construction-Clear Creek County, 417-4620. Ch. 4, p. 29. Colorado. This construction was designed to meet the Clerks of Court Statistical Reporting Manual- multiple needs of a rural courthouse by including Louisiana. This manual provides instructions for the courtrooms, a jail, and county offices. Contact: Na- uniform submittal of caseflow data to the state judicial tional Clearinghouse for Criminal Justice Planning administrator. Contact: Chief Justice Joe W. Sanders, and Architecture, University of Illinois at Urbana, 505 Supreme Court of Louisiana, Baton Rouge, Louisiana East Green Street, Suite 200, Champaign, Illinois 701 12, (504) 527-5253. Ch. 4, p. 29. 61820, (217) 333-0312. Ch. 6, p. 44. Sentencing Manual-Idaho. In order to improve Courthouse Construcrion-Grafton County, New judicial sentencing skills throughout the state, a sen- Hampshire. Three separate court facilities scattered tencing manual was developed. Contact: Carl Bian- around the county were combined into one centrally chi, Director, Administrative Office of the Courts, located facility. Contact: National Clearinghouse for Supreme Court, State House, Boise, Idaho 83720, Criminal Justice Planning and Architecture, Univer- (208) 384-2246. Ch. 4, p. 28. sity of Illinois at Urbana, 505 East Green Street, Suite 200, Champaign, Illinois 61820, (217) 333-0312. Ch. Citizen Involvement 6, p. 46. Educating the Cornmunip-Hawaii. Rural judges Courthouse Renovation-Marshall County, Iowa. in Hawaii have involved local citizens in mock trials, In response to a local “save the courthouse” cam- allowing them to play the role of judge in order to paign, an architect restored a 90-year-old courthouse, sensitize them to the problems facing judges. Contact: increasing usable footage by 88 percent. Contact: Na- Lester E. Cincade, Administrative Director of the tional Clearinghouse for Criminal Justice Planning Courts, P.O. Box 2560, Honolulu, Hawaii 96804. and Architecture, University of Illinois at Urbana, 505 Ch. 8, p. 66. East Green Street, Suite 200, Champaign, Illinois Village Conciliation Boards-Alaska. Five to 61820, (217) 333-0312. Ch. 6, p. 42. seven local citizens form a board to hear disputes Courtroom Renovation-Pickens County, Georgia between citizens in their villages. Contact: Susan Mil- and Mercer County, Kentucky. Two rural counties ler, Magistrate System Coordinator, 303 K Street, renovated their courtrooms for less than $50,000. Anchorage, Alaska 99501. Ch. 8, p. 66. Contact: National Clearinghouse for Criminal Justice Planning and Architecture, University of Illinois at Court Administrator Urbana, 505 East Green Street, Suite 200, Cham- Trial Court Administrators-Idaho. This project paign, Illinois 61820, (217) 333-0312. Ch. p. 48. provides trial court administrators in each of the state’s Facilities Consultant-Georgia. The state adminis- judicial districts. Among other things, these administrative office has hired a court architectural specialist 93 94 Rural Courts

to work with courts around the state in upgrading their Nebraska 69341, (308) 436-5086. Ch. 5, p. 38. facilities. Contact: Walker Johnson, Administrative Office of the Courts, 55 Marietta St., Suite 2000, Juvenile Care Atlanta, Georgia 30303, (404) 655-5171. Ch. 6, Boy Builders Unlimited-Hawaii. Rural judges in p. 48. Hawaii have sponsored, with community involvement, a camp for troubled youth. Contact: Lester E. Formal Continuing Education Cincade, Administrative Director of the Courts, P.O. Judicial Demeanor Course-Idaho. This course Box 2560, Honolulu, Hawaii 96804, Ch. 7, p. 56. provides all new judges with training in judicial de- “Youth and Senior Citizens in Creative Rural meanor. Contact: Carl Bianchi, Director, Administra- Court”-Valley County, Idaho. A rural judge en- tive Office of the Courts, Supreme Court, State listed senior citizens to serve as volunteer probation House, Boise, Idaho 83720, (208) 384-2246. Ch. 4, officers for local juvenile offenders. See: “Youth and p. 26. Senior Citizens in Creative Rural Courts,” by Stanton Justice of the Peace Regional Training D. Tate, Juvenile Court Journal, Fall 1971, Vol. Program-Texas. Mandatory training is provided on XXII, No. 3. Ch. 7, p. 56. a regional basis in cooperation with Southwest Texas State University. Contact: Judge Ronald Champion, Law Clerks Executive Director, Texas Justice of the Peace Train- Rural Legal Research-Nebraska. Students from ing Center, Southwest Texas State University, San Creighton University School of Law perform legal Marcos, Texas 78666, (512) 245-2340. Ch. 4, reseirch for rural court-related personnel. Contact: p. 26. Geoffrey Peters, Project Director, Creighton Legal Virginia Training Program for New Judges. The Information Center, Ahmanson Law Center, 2500 American Academy of Judicial Education developed a California Street, Omaha, Nebraska 68178, (402) series of training materials including video tape and 536-3158. Ch. 3, p. 49. accompanying work books for incoming judges in Virginia. Contact: Carl Eklund, Assistant Director for Libraries Programs and Services, American Academy of Judi- Implementation of Standards for Rural Court Law cial Education, 539 Woodward Building, 1426 H Libraries-Idaho. Idaho developed minimum stand- Street, N.W., Washington, D.C. 20005, (202) 783- ards for court law libraries to help in arranging the 5151. Ch. 4, p. 27. libraries and training staff. Contact: Carl F. Bianchi, Administrative Director of the Courts, Idaho Supreme Judges Court, State House, Boise, Idaho 83720, (208) 384- Circuit Justice Court Judge Program-California. 2246. Ch. 6, p. 49. This program provides a pool of judges available for assignment to California’s lower courts to assist when Paper Flow needed. Contact: Bern M. Jacobson, Justice Court Card Form Traflc Docket-Nebraska. Card forms Coordinator, Administrative Office of the Courts,’ replace the cumbersome docket book and provide 4200 State Building, San Francisco, California ready-made copies for the Traffic Bureau. Contact: 94102, (916) 445-7525. Ch. 3, p. 15. Donald Cullen, Assistant Administrator, Ofice of the State Court Administrator, 2412 State Capitol, Lin- Jury Management coln, Nebraska 68509, (402) 477-4620. Ch. 5, Jury Management-Danville, Kentucky. This pro- p. 35. gram provides various services to jurors to impress Case Reporting System-North Dakota. An infor- upon them the value of their contribution. Contact: mation system which records all key events in a case Hon. Henry V. Pennington, Chief Circuit Judge, 50th from the time of filing to final disposition. Contact: Judicial Circuit of Kentucky, P.O. Box P, Danville, Theodore Gladden, Assistant State Court Administra- Kentucky 40422, (606) 236-3600. Ch. 5, p. 37. tor, North Dakota Supreme Court, Bismarck, North Jury Management-Gering, Nebraska. To avoid Dakota 58501, (701) 224-2221. Ch. 5, p. 36. inconvenience to prospective jurors and expense to the Felony Warrant Tracking System-Georgia. A court, jurors are selected on the first Monday of each tracking system for felony warrants was developed in month. Contact: Honorable Joan Fisher, Associate response to a rural judge’s concern that felony war- County Judge, Scotts Bluff County Court, Gering, rants were intentionally or unintentionally being lost. Innovative Projects and Programs 9.5

Contact: Walker Jackson, Administrative Office of Telephone Case Filing the Courts, Suite 2000, 55 Marietta Street, Atlanta, The Xerox Telecopier and Its Application in the Georgia 30303, (404) 655-5171. Ch. 5, p. 35. Courts-Monroe County, Florida. This pilot program Uniform Manual Records System-Missouri. This examines the feasibility of using telecopiers to over- is a system which attempts to unify record keeping in come problems of distance and separation affecting clerks’ offices throughout the state. Contact: Ms. Jane “branch” courts located on various islands of the Hess, Office of Missouri State Courts Administrator, Florida Keys. Contact: David C. Hawkins, Court Supreme Court Building, Jefferson City, Missouri Executive, 16th Judicial Circuit, Monroe County, 65101, (314) 751-4377. Ch. 5, p. 36. Florida. Or contact the Institute for Court Manage- ment, Denver, Colorado, which used a report on this Release and Diversion project for its Rural Court Management Seminar in Deferred Prosecution Program-Montana. This Orlando, Florida, May 1977. Ch. 5, p. 38. program assigns first offenders to community volunteers. Contact: Harold Hansen, County Attorney, Victim Assistance Room 508, Yellowstone County Courthouse, Bil- Victim Assistance Program-South Dakota. Juve- lings,Montana59101, (406)252-5181, ext. 211.Ch. nile offenders are required, under this program, to 7, p. 57. make restitution to their victims. Contact: Camden H. Self Sentencing Program-Winona, Minnesota. A Raue, Victim Assistance Program, Pennington rural judge permits midemeanants to determine their County Court House, Rapid City, South Dakota own sentence. See: “Guilty Set Sentences for Minor 57701, (605) 348-8225. Ch. 7, p. 58. Crimes,” The Sunday Bulletin, Philadelphia, July 4, 1976. Ch. 7, p. 57. Volunteers Clearinghouse of Volunteer Information-Florida. A comprehensive statewide clearinghouse for volun- Technical Assistance teer information is available to individuals, groups, Internal Court Management Studies-Michigan. and public agencies including rural courts. Contact: Uniform study guides are used to study and recom- Shirley Gooding, Volunteer Specialist, Youth Ser- mend improvements in the operation of courts vices Program Office, Department of Health and Re- throughout the state. Contact: Jack C. Crandall, Dep- habilitative Services, Building 8, Room 200, 1323 uty Court Administrator, Region IV, 130 South Pine, Winewood, Tallahassee, Florida 32301, (904) 488- Mount Pleasant, Michigan 48858, (517) 772-5934. 5881. Ch. 7, p. 54. Ch. 4, p. 30. TrafJic Court Specialist-Nevada. A statewide sys- Youth Services tem for dealing with traffic cases, especially affecting Youth Services Program-North Dakota. This pro- rural courts, is being established as part of Nevada’s gram provides counseling and assistance before and unified court system plan. Contact: John DeGraff, after court appearance for juveniles and families resid- Traffic Court Specialist, Judicial Planning Unit, Su- ing in rural areas. Contact: Ray R. Friedereich, Dis- preme Court, Carson City, Nevada 89710, (702) trict Judge, County Courthouse, Rugby, North Dakota 885-5076. Ch. 4, p. 31. 58368, (701) 776-5266. Ch. 7, p. 55. Selected Bibliography

The following annotated bibliography is intended as meeting of American Association for the Ad- a guide to the resources available to those persons vancement of Science, February 1977. interested in nonmetropolitan courts. The bibliog- “Out of the Cities, Back to the Country-A Report raphy is not exhaustive; in many cases, references to from Six Small Towns.” US.News & World Re- articles on similar or related topics are omitted if they port, March 31, 1975, pp. 46-50. Reasons for the appear to be well discussed in reports listed here. movement back to small towns and farm regions are Sections A and B are particularly limited to those given. Local descriptions and quotes from residents articles and books that were helpful in indicating the of six small towns (Columbia, Kentucky; Kingman, environment in which the courts operate; they do not Arizona; Big Rapids, Michigan; Carson City, include a definitive list of sources on rural areas or Nevada; Cobleskill, New York; and Caldwell, rural programs. Sections C through J of the bibliog- Idaho) make up the body of the article. raphy are limited to sources on distinctly nonmet- Reed, Roy. “Rural Areas’ Population Gains Now ropolitan court operations or problems. These sections Outpacing Urban Regions.” New York Times,May do not include the general literature on court adminis- 18, 1975, pp. I, 44. Census Bureau surveys show tration. Much of this general literature is applicable to that a significant portion of the new nonmetropoli- courts in rural areas as well as courts in metropolitan tan growth is occurring in small towns and rural areas. Finally, Section K of the bibliography was areas. The spread of manufacturing to remote areas prepared for the workshops which addressed the and the migration of retired people to rural areas are courts in the four target states of the project. It is chief factors. A map showing four rapidly growing included here as a guide for persons interested in the U.S. rural regions is included. Parts of Colorado, courts of those states. Wyoming, and Montana make up most of one region. A. Urban-Rural Migration Tucker, C. Jack. “Changing Patterns of Migration “Americans on the Move.” Time, March 15, 1976, between Metropolitan and Nonmetropolitan Areas pp. 54-64. Article describes the current internal in the United States: Recent Evidence.” Demog- migration of middle-class Americans from big raphy 13 (November 1976): 435-43. Chronicles the . cities into the countryside and into the South and recent shift in population movement to the smaller Southwest. cities and rural areas. Beale, Calvin L. “Rural and Nonmetropolitan Popu- U.S. Department of Commerce. Bureau of the Cen- lation Trends of. Significance to National Popula- sus. “Mobility of the Population of the United tion Policy.” U.S. Commission on Population States, March 1970 to March 1975.” Current Growth and the AmericanFuture, Vol. 5, 1972, pp. Population Reports, Series P-20 Washington, 665-77. D.C.: U.S. Government Printing Office. “Persons Morrison, Peter A. “Migration and Access: New Pub- moving from metropolitan areas exceeded movers lic Concerns of the 1970’s.” Paper delivered at to metropolitan areas between March 1970 and 96 Selected Bibliography 97

March 1975.” Detailed data are presented. in knowledge in this field.” U.S. Department of Commerce. Bureau of the Cen- Wittner, Dale. “Return to Rural America: Seeking a sus. “Social and Economic Characteristics of the Simpler Life.” Today’s Health, April 1975, pp. Metropolitan and Nonmetropolitan Population: 27-3 1 +. Life in rural Lee County, Illinois, in con- 1974 and 1970.” Current Population Reports, trast to big city life. Series P-23 Washington, D.C.: U.S. Government Printing Office. Presents detailed statistical data on B. Problems and Development Programs in Rural population, including tables on nonmetropolitan Areas growth since 1970, metropolitan and nonmetropoli- Brinkman, George, ed. The Development of Rural tan migration between 1970 and 1974, and other America. Lawrence: University Press of Kansas, tables. 1974. A book about rural-development processes, U.S. Department of Agriculture. Economic Research problems, and solutions; with focus upon both (a) Service, Economic Development Division. Popula- the open country and small towns and (b) smaller tion Change in Nonmetropolitan Cities and Towns, cities (up to 50,000 population). In 3 parts; Part 2 by Glenn V. Fuguitt and Calvin L. Beale. includes “Demographic Trends of the U.S. Rural Washington, D.C.: U.S. Department of Agricul- Population” by Calvin Beale and “The Condition ture, 1976. “Patterns of population change between and Problems of Nonmetropolitan America” by 1950-60 and 1960-70 are analyzed for U.S. non- George Brinkman. Pages 28-29 contain a table metropolitan incorporated cities and towns. . . , showing “Distribution of Revenue-Sharing Funds, they included. . . about one-half of the total popula- 1972” by state. tion living outside metropolitan areas.” The rate of Gilmore, John S., and Duff, Mary K. “Getting a growth “. . . was less rapid than the metropolitan Handle on Rural Development: The Colorado Ap- sector, but more rapid than the nonmetropolitan proach.” Washington, D.C.; U.S. Government population outside the incorporated places.” Printing Office, 1973. A digest of a report prepared U.S. Department of Agriculture. Economic Research by the authors titled “Policy Analysis for Rural Service, Economic Development Division. The Re- Development and Growth Management in Col- vival of Population Growth in Nonmetropolitan orado.” Unprecedented growth has resulted in a America, by Calvin L. Beale. Washington, D.C.: need for a state plan for land use and growth. Prob- U.S. Department of Agriculture, 1975. “Popula- lems of rural growth and strategies for management tion grew faster in nonmetro than in metro counties of growth are discussed. between 1970 and 1973. This trend reverses the Hamilton, Joel R., and Reid, Richard. “Rural Com- previous pattern of immigration to cities. Among munities: Diseconomies of Small Size and Costs of the reasons for increases in rural areas and small Migration.” Growth and Change, January 1977, towns are decentralization of manufacturing and pp. 42-44. This article presents some exploratory other industry; increased settlement of retired statistical measures of economies of size for small people; expansion of state colleges; more recrea- communities and some evidence of the impact of tion activity; and apparent higher birthrate in non- migration on community costs. metro areas. Also, urban areas have lost their appeal Hansen, Niles M. Rural Poverty and the Urban for many people.” Crisis: A Strategy for Regional Development. U.S. Department of Health, Education and Welfare. Bloomington: Indiana University Press, 1970. Ex- Rural-Urban Migration in the United States: Anno- tensive discussion and related charts, statistics and tated Bibliography and Synthesis, by Daniel 0. tables on rural poverty with emphasis on regional Price and Melanie M. Sikes. DHEW Publication differences. Tables on per capita income, popula- No. (NIH) 75-565. Washington, D.C.: Govern- tion growth, number of persons in poverty by urban ment Printing Office, 1975. A sourcebook whose and rural residence are included. Chapter 7 con- “framework. . . attempts to follow the migration cerns American Indians; Chapter 9 discusses the process from the rural area to the urban area during feasibility of industrialization of rural America. the period 1950-72 in terms of sources and selectiv- Marshall, Ray. Rural Workers in Rural Labor Mar- ity of migration and effects on rural areas; the deci- kets. Salt Lake City: Olympus, 1974. Results of a sion to migrate; adjustment of migrants and effects research project on rural labor markets and their on urban areas; the characteristics of return mi- manpower structures. Chapter 1 discusses problems grants; and needed research indicated by major gaps in defining ‘‘rural” and provides an overview of the 98 Rural Courts

rural population and work force. Chapter 2 discu’s- “Rural Poverty and the Law in Southern Colorado.” ses agricultural workers. Chapter 3 concentrates on Denver Law Journal 47 (1 970): 1. Prepared by the rural nonfarm employment. Chapter 4 treats rural staff of the Denver Law Journal, this article exam- manpower programs; Chapter 5, rural organiza- ines the responses of the formal and informal legal tions. Includes numerous tables (income, employ- institutions to law-related problems of the rural poor ment, program expenditures). Each chapter in- in two Colorado counties. cludes an extensive bibliography of recent works. Scott, Austin. “Horror Stories of Rural America.” Morrison, Peter A. et al. Review ofFederal Programs Washington Post, April 18, 1975, p. AI, A3. to Alleviate Rural Deprivation. Santa Monica: Summary of basic issues and problems of rural Rand Corporation, 1974. A study of programs in America expressed at the National Conference on areas “in which deprivation is common”: income, Rural America. health, and legal services. Tamblyn, Lewis R. Inequality: A Portrait of Rural North Central Regional Center for Rural Develop- America. Washington, D.C.: Rural Education As- ment. Communities Left Behind: Alternatives for sociation, 1973. Discusses definition of “rural”; Development. Ames, Iowa: Iowa State University presents a table depicting rural population distribu- Press, 1974. “A collection of papers presented dur- tion by state-1970 Census; and discusses distnbu- ing a symposium at South Dakota State University, tion of federal outlays between metropolitan and Brooking, South Dakota, May 16-18, 1973; spon- nonmetropolitan areas. Includes various tables, sored by the North Central Regional Center for charts, figures. Rural Development in cooperation with South Taylor, Lee and Jones, Arthur R., Jr. Rural Life and Dakota State University.” Problems of small com- Urbanized Society. New York: Oxford University munity decline, development, and other factors are Press, 1964. Purpose of the book is to “present a addressed. new interpretation of rural life in America,” an Reed, Roy. “Organization Formed to Speak for Rural interpretation summarized by the situation in which Areas.” New York Times, April 21, 1975, p. 58. both rural and urban citizens live in relation to the Article on establishment of Rural America, Inc. and same pattern of social organization. Section I: So- major issues voiced at the National Conference. cial Organization and Rural-Urban Differences pre- Ruralamerica. Washington, D.C.: Rural America, sents a history of rural life up to the present, and Inc. A monthly newsletter representing a “voice for includes a chart depicting “indexes of rural-urban small town and rural people.” differentiation,” i.e., how the rural world differs Rural America, Inc. and the Rural Housing Alliance. from the urban world in terms of occupations, envi- Toward a Platform for Rural America. ronment, community, population, etc. Section I1 Washington, D.C.: Rural America, Inc. and the explores population and social interaction; Section Rural Housing Alliance, 1975. Report of the first 111 is an in-depth study of social structures of ag- National Conference on Rural America, April riculture. Section IV discusses social institutions 14-17, 1975. Discusses needs and lists measures and contains chapters on rural and suburban family government should take in various areas of rural life, government, education, etc. Each chapter in- life. cludes a list of selected readings. “Rural America Seeks Revitalization.” Washington “The New Rural America.” The Annals of the Arneri- Post, April 15, 1975, p. A3. Article on opening of can Academy of Political and Social Science four-day First National Conference on Rural (January 1977): 429. In response to the increasing America on April 14 in Washington, D.C. Twelve recognition among social scientists that ‘‘rural hundred delegates from 46 states attended. Need for America is alive and generally doing well,” this coordinated policy was mentioned in order to deal issue of the Annals looks at the changing American with growth problems of rural communities, which farm, rural-urban differences in attitudes and be- previously had been experiencing decay. See also havior in the United States, the political structure of editorial: “Ignoring Rural America,” by Coleman rural America, farm labor, rural aged, the rural McCarthy, on p. A18 of the same issue, and church and rural religion, the quality of life in rural “Abourezk Says Budget Supports Flight to America, and population redistribution, migration, Cities,” by Nancy L. Ross, on p. D8, D9 of the and residential preferences. same issue. Lack of federal support to rural areas is U.S. Department of Agriculture. Economic De- emphasized. velopment Division, Economic Research Service. Selected Bibliography 99

The Economic and Social Condition of Nonmet- HEW Programs for Rural America. Washington, ropolitan America in the 1970s. Washington, D.C.: Government Printing Office, 1975. Discus- D.C.: U.S. Government Printing Office, 1975. A sion of rural programs sponsored by the Public revised edition of “The Economic and Social Con- Health Service; the Education Division; Office of dition of Rural America in the 197Os,” released in the Secretary; Social and Rehabilitation Service; May 1971, as a Committee Print by the Senate Social Security Administration; and programs Committee on Government Operations. Data is pre- jointly sponsored by HEW. Appendix includes: sented comparing metro and nonmetro areas ac- Table ILestimated population of the U.S., 1972: cording to population trends, income and employ- Metropolitan and nonmetropolitan populations by ment, health resources, education, local govern- state; Table 11-DHEW obligations to metropolitan ment, and housing. and nonmetropolitan areas, fiscal year 1972; na- U.S. Department of Agriculture. Economic Research tional summaries by administering agency. Service and the National Area Development Insti- U.S. Department of Transportation. National High- tute. Prelude to Legislation to Solve the Growing way Traffic Safety Administration. Final Report of Crisis in Rural Transportation. Washington, D.C.: the Subcommittee on Adjudication and Alcohol of Government Printing Office, 1975. Part I: Trans- the National Highway Safety Advisory Committee, portation in Rural America: An Analysis of the March 1977. Reviewed as draft report. Current Crisis in Rural Transportation. Part 11: U.S. Congress. House. Seventh Annual Reportfiom Meeting Rural Transportation Needs. the President on Government Services to Rural U.S. Department of Agriculture. Rural Development America. S. Doc. 95-51, 95th Cong., 1st sess., Service. Guide to Federal Programs for Rural De- 1977. This is thecurrent report prepared by the U.S. velopment, rev. ed. Washington, D.C.: U.S. Gov- Department of Agriculture and other agencies as ernment Printing Office, 1975. A classified listing required by the Agricultural Act of 1970. The report of federal programs for rural development. Pro- measures the availability of federal services to rural grams are listed in the following areas: jobs, busi- areas in terms of federal outlays for some 275 pro- ness, industry; community facilities; community grams. functions and services; housing; planning and coor- U.S. Congress. Senate. Committee on Agriculture dination. Each listing gives name of sponsoring and Forestry. Implementation of the Rural De- agency, type of assistance available, eligibility in- velopment Act. Hearings before Subcommittee on formation, and where to write for information. Rural Development, 93d Cong., 1st sess., March 1, U.S. Department of Agriculture. Rural Development 1973, through 94th Cong., 1st sess., March 6, Goals: Third Annual Report of the Secretary of 1975. 4 parts. Washington, D.C.: Government Agriculture to the Congress. May 7, 1976. This Printing Office, 1973- 1975. Includes statements report discusses some of the considerations in- and miscellaneous documents. Various aspects of volved in measuring and assessing the progress of rural and private sectors. Part I, pp. 207+ presents rural development goals. It also examines the ac- statistical data on “Rural Population in Congres- tivities of the Department of Agriculture’s Rural sional Districts” from a Library of Congress Re- Development Service and other federal agencies. port, showing, for each state, total number of dis- The Secretary’s foreword suggests that we have tricts and number of districts having (1) one third or greater choice of where and how to live in this more and (2) half or more of the population in rural country and, as a result, trade offs “are being con- areas. sidered more than ever before, as more types and U.S. Congress. Senate. Committee on Agriculture sizes of places now offer attractions, though of and Forestry, Subcommittee on Rural Develop- extremely different mixes. . . this new awareness ment. 1975 Revised Guide to the Rural Develop- (that we make our own environment) coupled with I ment Act of 1972. Committee Print, 93d Cong., 2d the greater choice we now have as to where we will sess., 1975. Washington, D.C.: Government Print- live and work is bringing balance and a sense of ing Office, 1975. Prepared for the Subcommittee on proportion not only to the physical pattern of de- Rural Development. Discusses purpose of Act, his- velopment but to the way we as Americans are tory of rural development programs, and implemen- developing.” tation of various programs in the area of rural de- U.S. Department of Health, Education, and Welfare. velopment. 100 Rural Courts

C. Crime and Law Enforcement in Rural Areas courts handle mainly traffic cases and petty mis- Caudill, Harry M. “The Law in a Rural Setting.” demeanors; and city and county jails are populated Crime and the Legal Process, pp. 330-36. Edited largely by inmates charged with alcohol related by William J. Chambliss. New York: McGraw- offenses. Hill, Inc., 1969. This article follows a rural Ken- Ginsberg, Michael. “Rural Criminal Justice: An tucky judge through aday’s activities and highlights Overview.” American Journal of Criminal Law. the strong political flavor of most judicial transac- University of Texas School of Law. (Summer tions and decisions. 1974): 35-5 I. A summary of aspects and problems Dinitz, Simon. “Progress, Crime, and the Folk Ethic: in the administration of justice in rural areas, based Portrait of a Small Town.” Criminology 11 (1973): on author’s first-hand observations in Texas and 3-2 1. Study of crime and the criminal justice system Colorado. Urban-rural differences are cited; lack of in a small town (pop. 11,250) in Ohio. Focus is congruence between law enforcement and judicial upon nature of crime (92 percent of arrests were for jurisdictions is discussed; law enforcement fund- misdemeanors, and most felony crimes involved ing, facilities, and procedures are examined. Dis- property offenses) and upon people’s attitudes. trict and county attorneys, courtroom procedures, Police-community relations were good; the small and defense attorneys are discussed. town residents felt “safe” in their small commun- Gorse, W. J., and Beran, N. J. Community Criminal ity; and the “outside world” was viewed with sus- Justice System of Lincoln. Columbus: Ohio State picion. University, 1973. This study of the criminal justice Erwin, B. Montana-Urban-Rural Crime, 1974. system of a rural town shows that the system oper- Washington, D.C.: National Criminal Justice Ref- ates under a unifying folk ethic. erence Service, NCJ 15401, 1974. In Montana, Guillory, Ferrel. “Growing Crime in Rural Areas.” 46.5 percent of the population live in rural areas Washington Post, October 12, 1975, p. C8. Rural (places under 2,500 inhabitants). Counties of 2,500 crime is growing faster than the national rate. Geo- pop. or more account for 25 percent of the seven graphical considerations, inadequate law enforce- “major index” crimes in Montana. Rural comment funding, and growing rural affluence are in- munities or counties under 2,500 pop. account for 5 volved. Increased LEAA funding is desired, along percent. Urban areas (places of 2,500 pop. or more) with “relaxation of LEAA rules which require grant account for 70 percent. Several types of violent recipients to pledge continuation of a program after crime-murder and non-negligent manslaughter, its funding by LEAA has ceased. . . Many rural rape and aggravated assault-occur at a higher rate towns and counties do not have the tax base to in the rural environment than in urban areas. Nature support such programs without LEAA fund- of life in rural areas is discussed and cited as a factor ing. . . .” in violent crimes, which are commonly committed Harries, Keith D. The Geography of Crime and Jus- by persons previously known to their victims. Table tice. New York: McGraw-Hill, 1974. Crime and illustrates urban-rural crime rates and population justice vary significantly from place to place. Such estimates; charts are included. offenses as embezzlement and fraud, driving under Gibbons, Don D. “Crime in the Hinterland.” the influence, vandalism, and forgery and count- Criminology 10 (August 1972): 177-190. Results of erfeiting are relatively evenly apportioned between a study of crime factors in three rural, contiguous rural areas and cities of various sizes, while Index counties in Oregon. Lack of information on rural crimes tend to exhibit pronounced spatial concen- crime is cited as rationale for the fact-gathering tration in urban areas. There are also spatial varia- investigation. A short description of the counties tions injustice punishment: a crime is dependent on and their police and court systems is given. In- where the crime takes place. adequate records maintenance by the various law International City Management Association. “Law enforcement and judicial agencies is cited as an Enforcement in Small Cities. ” Management Infor- impediment to the study of rural crime. Findings mation Service Report 6 (December 1974). Prob- include: serious crime is infrequent; JPs handle lems affecting small nonmetropolitan city law en- mainly traffic violations; rural crime is basically forcement services are discussed. Adoption of transitory in nature, carried on by persons who view specific standards and goals applicable to police themselves as law-abiding citizens; county sheriffs agencies of all sizes is recommended. Areas of engage largely in peace-keeping activities; district discussion include provision of police services; per- , Selected Bibliography 101

sonnel requirements; public safety departments; showing some substantial differences between staffing alternatives; police administration; train- lower courts in urban and rural areas. ing; basic services; role of the police; police com- Dunlap, James C. A Review of the Role of the Court munity relations; and alternatives to a municipal Coordinator in the 69th Judicial District, Dumas, police force. Conclusion recommends upgrading of Texas. Washington, D.C.: American University many small city police forces, with state criminal Criminal Courts Technical Assistance Project, justice planning agencies serving as a source of 1976. A study of court calendaring and coordina- funds. Consolidation of police services among tion in a rural one-judge, multi-county jurisdiction. municipalities is suggested for some small cities Friedman, Lawrence M., and Percival, Robert V. “A unable to support an adequate town police force. As Tale of Two Courts: Litigation in Alameda and San another alternative, more limited forms of coopera- Benito Counties.” Law, and Society Review 10 tion between police agencies may be utilized. (Winter 1976): 267-301. A comparison of types of Olila, James H.; Klimoski, Victor J.; and Krile, James civil cases over time in the superior courts of two F. “Challenging the Myths of Rural Criminal Jus- California counties, one urban and one rural. The tice.” Paper presented at the Rural Crime and Jus- authors conclude that the types of cases in the two tice Institute’s Conference on Rural Law Enforce- counties and the function of the courts are remark- ment, November 1975. ably similar, marked by routine administration Phillips, G.H. Crime in Rural Ohio. Columbus: Ohio rather than the settlement of actual disputes. State University, 1975. This report summarizes the Hooper. Frank A. “Calendar and Docket Control in findings of a study sponsored by the Ohio Farm Single Judge Systems.” Federal Rules Decisions Bureau Federation. It discusses the increasing con- 50 (November 1970): 353-59. Description of func- cern about crime by the rural population of Ohio and tioning of single judge systems followed by sugges- lists some citizen perceptions about the causes and tions for pretrial procedures, pretrial procedures for consequences of rising rural crime. non-jury cases, motions for summary judgment, Reiner, Steven. “Rural Crime.” Blair & Ketchurn’s and calendaring. Country Journal 2 (November 1975): 5 1-55. Crime 1975 Workshop for Cow County Superior Court has risen dramatically throughout largely rural New Judges. California: n.p., 1975. Includes “Role and England states in recent years, placing severe bur- Responsibilities of Judges in Smaller Com- dens upon traditional small local law-enforcement munities” by Judge Arthur B. Broaddus, report on agencies. Development of state police forces has calendaring procedures of small superior courts, helped, but does not represent an effective means with sample forms. for coping with the increased crime rate. Re- Pennington, Henry V. “The Nonmets.” The Judges’ gionalization of law enforcement agencies, as op- Journal 4 (October 1974): 74-76. Discusses briefly posed to traditional local control, is proposed as a the burdens (due to lack of money and resources) necessary change. placed upon nonmetropolitan general trial jurisdic- Rural Crime and Justice Institute. Rural Law En- tion judges, Discusses means to maximize effi- forcement: A Perspective on the Future. St. Cloud, ciency of court operations in a rural setting. Pro- Minn.: Rural Crime and Justice Institute, 1976. The vides specific recommendations, for example: report of a regional conference on rural law en- schedule individual hearings, formulate well forcement held in Keystone, Colorado, in planned court rules, seek LEAA funds to hire a law November 1975. clerk, and mimeograph standard forms. Shingles, Richard D., and Shoemaker, Donald J. “A Rural Crime and Justice Institute. A Conference Re- Developmental Thesis of Legal Cultures: Rural, port: Rural Criminal Justice, Issues and Answers. Urban and Suburban Communities.” Paper deliv- St. Cloud, Minnesota, 1974. Report on conference ered at the annual meeting of the American Society held at Racine, Wisconsin, May 1974. of Criminology, 1976. Spring, Raymond L. “Change of Venue: A Need for Traditional Reemphasis.” Judicature 54 (June-July D. Managing Courts in Nonmetropolitan Areas 1970): 15-17. The author believes that change of Alfini, James J., and Doan, Rachel. “ ANew Perspec- venue may be warranted in the small community tive on State Misdemeanor Courts.” Judicature 60 regardless of presence or absence of mass media. (April 1977: 425-34. The preliminary results of a Change of venue may be an effective means for nationwide survey of misdemeanor court practices, ensuring fair trial in cases where intense interest is 102 Rural Courts

localized in a single community and its immediate National Association of Attorneys General. Commit- environs. tee on the Office of Attorney General. Survey of Woleslagel, Frederick. Report on the First National Local Prosecutors: Data Concerning 1,000 Local Conference on Rural Justice. Denver: Institute for Prosecutors. Raleigh, N.C.: COAG, 1973. Results Court Management, 1974. Includes summary of of a nationwide survey of local prosecutors in discussions of March 1974 conference attended by forty-six of the forty-seven states which have local judges, clerks, prosecutors, sheriffs, and defense prosecutors. Table 1 (pp. 2-3) presents title of local counsel from rural areas of nineteen states. prosecutors in each state, area they serve, number of prosecutorial units, method of selection, and E. Rural Prosecution and Defense term of office. Budget and salary data for the re- Brisbin, Richard A,, Jr. “The Pretrial Disposition of spondents are presented. Full-time and part-time Criminal Cases by Rural Prosecutors: The Effects comparison data are presented. Staff, records, train- of Local Traditions and Political Power.” Paper ing, caseloads, and attitude toward and relation- presented to the Midwest Political Science Associa- ships with attorney general are discussed. tion, 1975. The paper presents a theory of pretrial National District Attorneys Association. National disposition based on conflict containment in order Center for Prosecution Management. Handbook for that the prosecutor can exercise significant control the Rural and Small OfJice Prosecutor. Chicago: over rural adjudication in the community. National District Attorneys Association, n.d. A Cain, Robert H., and Ours, John R. PROMIS For the manual concerned with all major aspects of manag- Nonautomated or Semiautomated Office. ing the office of district attorney of a rural county or Washington, D.C.: Institute for Law and Social any small office in which the district attorney either Research, 1976. A detailed examination of the use is the only prosecutor or has only a minimum of PROMIS, the prosecutor’s management infor- number of assistants. mation system, in small offices. National Legal Aid and Defender Association. The National Association of Attorneys General. Commit- Other Face of Justice: A Report of the National tee on the Office of Attorney General. The Prosecu- Defender Survey Funded by the Law Enforcement tion Function: Local Prosecutors and the Attorney Assistance Administration of the US. Department General. Raleigh, N.C.: COAG, 1974. Report on of Justice. Chicago: NLADA, 1973. Results of a major findings concerning local prosecutors. Chap- survey designed to “discover how defense services ter 1 discusses the prosecution function and infor the poor have been implemented in each of the cludes chart depicting, for each state, title of pro- 3110 counties across the country. . . .” Detailed secutor, area, number of units, how selected, and data are presented for states and counties on defend- term. Chapter 2 concerns organization, staff and er systems and assigned counsel systems. “Views salaries, and provides summary data. Chapter 3 and opinions” of judges, prosecutors, and others concerns training and assistance programs and in- are discussed, and consideration is given to eligibil- cludes two charts depicting, for each state, sponsor ity, methods of service delivery, demand for serv- of programs and type of training and assistance . ices, manpower needs, costs, etc. Detailed results activities. Chapter 4 concerns the attorney general’s are classified by metropolitan, urban, and rural authority in local prosecution and includes a chart counties. Tables are included which depict percent showing, for each state, answers and qualifications of metropolitan, urban, and rural counties having as to whether the attorney general may initiate local defender systems and assigned counsel systems. prosecutions. Another chart describes the attorney Appendices present detailed data for U.S. counties. general’s powers in proceedings initiated by the Newman, Jon 0. “Prosecutor and Defender Reform: local prosecutor. Chapter 5 discusses the relation- Reorganization to Increase Effectiveness. ” Con- ship between prosecutors and attorneys general, necticut Bar Journal 44 (1970): 567-75. Discussion and contains a table which indicates, for each state, of problems and suggestions for reform of the or- whether the attorney general appears for the state in ganization of prosecutors and public defenders in criminal appeals. Appendix presents recommenda- Connecticut. Problems include (I) lack of cen- tions adopted by the Committee on the Office of tralized policy-making and administration, (2) judi- Attorney General and adopted by the National As- cial appointment of prosecutors and defenders, (3) sociation of Attorneys General on February 1, the two-level arrangement of prosecutors which 1971. leads to confusion and mismanagement, (4) need Selected Bibliography 103

for full-time personnel, and (5) need for an official Foundation, 1974. Discussion of Judicare vs. voice of the state to speak out on the behalf of staffed-office programs in delivery of legal services prosecutors and defenders. Appropriate remedies to the poor. Judicare programs in Wisconsin, Mon- are specified. tana, and Michigan are examined. Judicare pro- Thorne, G. F. “Rural Prosecutors and the Exercise grams are viewed more favorably than the staffed- of Discretion.” Criminal Law Bulletin 12 (May- office programs in terms of service delivery. See June 1976): 301-16. Examines the rural pro- also an earlier article, “Free Legal Service for the secutor’s interaction with the police, the defense Poor. . .” in Wisconsin Law Review, 1973, pp. bar, the judiciary, and the community. 532-33, for a more condensed report of findings by U.S. Department of Justice. Law Enforcement Assist- the same author. ance Administration, Technical Assistance Divi- Goodman, Leonard H., and Feuillan, Jacques. “The sion. Guidebook of Projects for Prosecution and Trouble With Judicare.” ABA Journal 58 (May Defense Planning. Prepared by National College of 1972): 476-8 1. Effectiveness of several govern- District Attorneys, National Association of Attor- ment subsidized legal services programs is dis- neys General, National Legal Aid and Defender cussed in relation to the quality of service provided Association, and Federal Defenders of San Diego, to different counties. Wisconsin’s Judicare program Inc. Washington, D.C.: LEAA, 1973. Alisting and benefitted most the affluent and urban counties; a description of “proven projects and ideas designed suggestion is made that poorer urban counties may to help improve the operations of agencies in the be served better by the conventional staffed pro- courts. prosecution, and defense area.” Listing was gram, as opposed to Judicare. primarily prepared for use by state planning agen- Goodman, Leonard H., and Feuillan, Jacques. Alter- cies and LEAA regional offices as a resource docu- native Approaches to the Provision of Legal Serv- ment. Includes sections on office management, ices for the Rural Poor: Judicare and the Decen- training, screening, supporting services, etc. Each tralized Staff Program Washington: Bureau of So- project includes information on goals, methods, cial Science Research, 1972. An evaluation of sev- budget, and names and addresses of program offi- eral programs for legal service. cials. Many examples of defender programs are Karabian, Walter. “Legal Services for the Poor: Some included. Page 139: Description of a program Political Observations. ” University of Sun Fran- whereby circuit defender offices were established to cisco Law Review 6 (April 1972): 253-65. Discus- “enable seven sparsely populated rural counties to sion of problems and politics in the delivery of legal meet their obligation to provide quality legal repre- services to the poor, with particular attention to the sentation to the indigent. . . .” Page 115: Creation highly successful record of California Rural Legal of a Council to “determine the profile and scope of Assistance, Inc. organized crime activities in Wyoming.” Kelley, John P. “Working with California Rural Legal Assistance.” Student Law Journal 15 (De- F. Rural Legal Assistance cember 1969): 4-6.The author describes his own Barvick, William M. “Legal Services and the Rural experience dealing with representative legal prob- Poor.” University of Kansas Law Review, 15 lems of the rural poor: great satisfaction and a new (1967): 537-51. General discussion of problems way of perceiving the law result from working with and methods in the delivery of legal services to the low income people. poor, followed by short descriptions of rural pro- “The Legal Problems of the Rural Poor.” Duke Law grams in Montana and South Dakota. Four systems Journal, (1 969): 495-62 1 ; reprint ed., Chicago: for delivery of legal services are next discussed- American Bar Foundation, 1969. Results of a study full-time staff attorneys, part-time staff attorneys, undertaken by the Duke Law Journal and the retained counsel, and Judicare attorneys. The au- American Bar Foundation during the summer and thor concludes that a definite commitment must be fall of 1968 of the legal problems of the rural poor made to meeting the legal needs of the poor, and in an eastern North Carolina county. Major find- that the full-time attorney must be the backbone of ings: “, . . debts, consumer problems such as over- such a commitment. Other systems represent charges and shoddy merchandise, benefit payment merely half-way measures. difficulties, and grossly inadequate housing are the Brakel, Samuel J. Judicare: Public Funds, Private major trouble areas” (p. 593). A copy of the ques- Lawyers, andPoor People. Chicago: American Bar tionnaire used is included as Appendix B. 104 Rural Courts

“Rural Property and the Law in Southern Colorado,” the peace systems; overview of existing systems in Denver Law Journal 47 (1970): 82-176. Results of the U.S.;methods for improvement of lower courts; an extensive empirical study of the legal problems statutory provisions and citations by state; adetailed of the rural poor in two selected counties in southern description of each state system; summary; and Colorado-Conejos and Costilla. Includes analysis bibliography. The 1973 Supplement is a chart of geography and population, economic conditions, showing which states have (as of 1973) justices of community services, and other social aspects. The the peace with trial jurisdiction (twenty-one states); formal legal system is analyzed from the contrasting and “courts where judges need not be lawyers” viewpoints of the rural bar and the service popula- (thirty-one states). tion. Various limitations on access to the rural bar “The Justice of the Peace in Virginia: A Neglected are discussed, follo’wed by analysis of informal Aspect of the Judiciary.” Virginia Law Review 52 means of legal service. Finally, various types of (January 1966): 151-88. “. . . in Virginia as in legal problems confronting the rural poor are dis- other jurisdictions, there remains a class of minor cussed, including ethnic discrimination; consumer judicial officials virtually untouched by the current injury; landlord-tenant relationships; inequitable of judicial reform. These include clerks, commit- laws; cuts in welfare benefits; and administration of ting magistrates, United States Commissioners in criminal justice. The attorney questionnaire is in- the federal system, and, in Virginia, the justices of cluded in the appendix. the peace.” Discussion includes history of the jus- Spitz-Jensen, Suzanne M. and Laitos, Jan G. “A tice of the peace in England and Virginia, present Critique-Lawyers, Rural Problems, VISTA and functions, problems, and recommendations. Failure.” Student Lawyer Journal 15 (March “Justice of the Peace.” In Modernizing Louisiana’s 1970): 4-7. Discussion of problems encountered by Courts of Limited Jurisdiction, pp. 5-17 New Or- VISTA lawyers in rural areas in Colorado. Reasons leans: American Judicature Society, 1973. History, for lack of success include understandable distrust jurisdiction, duties, salaries, resources of Louisiana by community residents; lack of knowledge on how justices of the peace. None of the responding jus- the agricultural sector runs; little relevance of the tices of the peace had law degrees; most had little or “law” to the agricultural sector and resulting mis- no work to do; and almost half lived ten or more trust; language barriers; and the fact that the VISTA miles from a law library. lawyer is allowed only to give advice and cannot “Justices of the Peace.” American Judicature 47 represent the indigent in court. Need for a massive (1969): 915-82. General encyclopedia treatment of education program in preventive law is cited. The the selection, status, rights, and duties ofjustices of rural lawyer should be available to the community the peace. Emphasis is on the justice court jurisdic- to provide guidance; not to push and shove the tion, court procedure, effect and enforcement of the worker into confrontation politics. court’s judgment, and review e.g., trial de novo. Widiss, Alan I. et al. ‘‘Legal Assistance for the Rural Kroll, Robert. ‘‘ ‘Just Folks’ Justice Southern Style.” Poor: An Iowa Study.” Iowa Law Review 56 (Oc- Student Lawyer 4 (December 1975): 18-22, 51. tober 1970): 100-38. Results of ayear-long study of Discussion of both abuses and merits of the South the need for legal services for the poor in rural areas Carolina system of lay magistrate. Day-to-day ac- of the state. tivities of the magistrate and general nature of the job are illustrated by personal examples. Article G. Justices of the Peace-Nonlawyer Judges concludes with suggestion that perhaps lay justice General Articles courts should not be eliminated without careful con- Gordon, Peter A. “The Fee System Courts: Financial sideration. Interest of Judges and Due Process.” Washington McConnell, Jon P. “Some Trials of the Magistrate.” & Lee Law Review 31 (Summer 1974): 474-93. American Bar Association Journal 54 (January Discussion of several types of fee systems for com- 1968): 37-40. A defense of the police magistrate. pensation of lower court judges and justices of the The author believes that problems with the lower peace which existed in a few states at the time the courts are not so much the result of poor caliber article was written. judges (although this area should be improved), but Institute of Judicial Administration. The Justice ofthe of poor public relations and lack of public under- Peace Today. New York: Institute of Judicial Ad- standing of lower court proceedings. ministration, 1965. Includes history of the justiceof Pierce, Julian T. “Due Process and Lay Judges.” Selected Bibliography 105

North Carolina Law Journal 7 (Fall 1975): 339-49. nonattorney justice court judges are ineligible to An analysis of Gordon v. Justice Court and pre- seek reelection in 1976, in construing a statute proceeding cases. The author notes the changes forced viding that on or after January 7, 1975, each justice on the California court system by the ruling but court vacancy shall be filled by an attorney judge. concludes that it is a positive step in assuring com- Kimsey, Robert A. “The Justice of the Peace System petent decisions in criminal cases. under Constitutional Attack-Gordon v . Justice Ryan, John Paul, and Guterman, James H. “Lawyer Court.” Utah Law Review (Winter 1974): 861-70. versus Nonlawyer Town Justices: An Empirical Discussion of role ofjustices of the peace in present Footnote to North v. Russell.’’ Judicature 60 society with reference to the California Gordon (January 1977): 272-80. decision; andcolten v. Kentucky, 407 U.S. (1972), Vanlandingham, Kenneth E. “The Decline of the which held that a right to trial de novo satisfied due Justice of the Peace.” In Rough Justice: Perspec- process rights in a system utilizing nonlawyer tives on Lower Criminal Courts, pp. 40-47. Edited judges. The author recognizes that justices of the by John A. Robertson. Boston: Little, Brown & peace have in the past served definite needs but Co., 1974. Brief article on problems and deficien- argues that increasing complexity in both law and cies of justice of peace systems. Reform move- society should result in eventual elimination of the ments in various states discussed. Article reprinted justice of the peace system on a state-by-state basis. from Kansas Law Review 12 (1964): 389-403. North v. Russell, 96 S.C. 2709 (1976). Brief for Westmore, Ruth Y. The Justice of the Peace in Kan- Appellant, U.S. Supreme Court No. 74-1409. Brief sas. Lawrence: Governmental Research Center, concerning case before the Supreme Court which University of Kansas, 1960. Includes chapters on will rule upon whether the due process clause of the history; statutory base of the Kansas justices of the Fourteenth Amendment prohibits the criminal trial peace, court procedure; characteristics and opera- of a defendant before a tribunal presided over by a tion of the courts; and conclusions. Main findings judge not trained in the law. that Kansas justices of the peace have very small Rosenthal, Gary L. “The Right to a Legally Trained caseloads and do not exercise much authority. Judge: Gordon v. Justice Court.” Harvard Civil Wolley, Bryan. “Lay Judges: The Illiterate Bench.” Rightsxivil Liberties Law Review 10 (Summer The Nation 221 (October 4, 1975): 304-6. The 1975): 739-71. A comment uponGordon v. Justice problem of lay judges and the administration of Court for Yuba Judicial District of Sutter County, justice is discussed, with reference to Lonnie North 12 Cal. 3d 323, 525 p.2d 72, 115 Cal. Rptr. 632 v. C.B.Russell, U.S. Supreme Court No. 74-1409, (1974), cert. denied, 95 S. Ct. 1148 (1975), in and Gordon v. Justice for Yuba City. which the California Supreme Court held that nonlawyer judges in criminal cases violate the Four- Court Cases teenth Amendment’s guarantee of due process of Brief by New York State Association of Magistrates as law. Possible implications for lower courts in gen- Amicus Curiae, North v. Russell, U.S. Supreme eral are discussed. Court No. 74-1409. Supports use of nonlawyer judges. Appendix C presents “Survey of States Training Employing Justices-Training Programs”- Brownlee, E. Gardner. “The Revival of the Justice of sixteen states have mandatory training programs; the Peace in Montana.” Judicature 58 (March twelve have voluntary programs; and three have no 1975): 372-79. Description of program for training programs, Description of each state program is in- justices of the peace in Montana, where justice of cluded. the peace system has been retained in order to make Brief for Respondent. Gordon v. Justice Court, 3 court system accessible to the people. Civil 13384 (CA). Respondent’s brief urging affir- Grosbell, T. “Police Training via ETV: From Crime mation of the judgment of the California Superior to Court in South Carolina.” Incriminal Justice as Court (Aug. 5, 1971; CT 286), which held that a System. Edited by Alan R. Coffey and Vernon E. nonlawyerjudges of justice courts are not incompe- Renner. Englewood Cliffs: Prentice-Hall, 1975. A tent to adequately perform the functions of the of- report on televised training sessions for police who fice. cannot attend regular training in metropolitan areas. Eu v. Chacon, 128 Cal. Reporter 1, (1976). Case in The program described seems adaptable to the train- which the Supreme Court of California held that ing of rural judges. 106 Rural Courts

Jacowitz, Burton J. “Education and Training of Jus- rural areas are predisposed to commit property of- tices of the Peace Prior to Assuming Office-A fenses, while urban delinquents are more likely to Proposal.” New York State Bar Journal 35 (Feb- commit juvenile status offenses. ruary 1963): 61 -68. A plan for training lay judges in Micheletti, G., and Gorbet, D. L. Lassen County New York (as required by enactment of the new Multi-Jurisdictional Resource Officer: Project judicial article in New York, effective September 1, Evaluation, August 1, 1973-July 31, 1974. 1962). Discusses content of a training course, Washington, D.C.: National Criminal Justice Ref- methods of program implementation, and alterna- erence Service, NCJ 16698, 1974. Evaluation re- tives to lay judges (one of which is abolishment of port of a project designed to change the trends justices of the peace). toward increased incidences of crime, drug abuse, and the display of negative attitudes towards author- H. Court-Related Social Services ity by youth in a rural setting where existing en- Brakel, Samuel J., and South, Galen R. “Diversion forcement departments lack resources to implement from the Criminal Process in the Rural Commun- such programs. Project involved assignment of a ity.” American Criminal Law Quarterly 7 (Spring community resource officer from the sheriff‘s of- 1969): 122-73; reprinted., Chicago: American Bar fice whose function was to institute a series of Foundation, 1969. Final report of the American Bar educational programs in schools and the community Foundation Project on Rural Criminal Justice. in general. Specific goals and program descriptions Study of two rural regional areas in southern Illinois are included. Success of the program was most focusing on nature of criminal justice systems, na- evident in the elementary schools; program results ture of mental health facilities, and diversion of the at the high school level were not highly successful mentally ill, alcoholics, and juvenile offenders owing in part to the diverse nature of high school from the criminal justice system by law enforce- students. ment officials. Recommendations include need for Peek, Charles W.; McEntire, Betty I.; and Lowe, an emphasis upon funding for facilities in rural Joseph E. Who is Delinquent: Perceptions ofDelin- areas rather than upon establishment of legal bases quency among Rural and Urban Youth. Athens, for authority. Community education to assure ap- Ga.: Institute of Government, University of Geor- propriate utilization of facilities is also needed. gia, n.d. This study found perceptions of delin- Clark, J. P., and Wenninger, E. P. “Socio-Economic quency remarkably similar between rural and urban Class and Area as Correlates of Illegal Behavior.” youth. American Sociological Review (December 1962): Polk, K. Non-metropolitan Delinquency: An Action 826-34. The results of a study of school children Program. Washington: HEW, 1969. An action from urban and rural areas. The study suggested program to control and prevent juvenile delin- that the incidence of most offenses is greater in the quency. urban than in rural areas. Pope, Carl. “The Influence of Social and Legal Fac- Cohn, Alvin; Viamo, Emilio; and Wildeman, John. tors on Sentence Dispositions: A Preliminary Decision-Making in the Administration of Analysis of Offender-Based Transaction Statis- Probation-A Final Report. Paramus, N.J.: Na- tics.” Journal of Criminal Justice, Vol. 4, No. 3 tional Council on Crime and Delinquency, 1970. (Fall 1976). “This study utilizes offender-based This publication is based on research conducted by transaction statistics (OBTS) to examine sentence NCCD to investigate possible differential influ- outcome in twelve California counties for a three- ences of metropolitan and rural settings on de- year period, 1969-71. . . , the age, race, sex and cisionmaking in probation, learn about factors previous criminal histories of felony defendants are characterizing selected adult probation administra- considered with regard to sentence outcome and the tors as they relate to granting or denying probation, length of both jail and probation commitment. and explore implications the organizational struc- Analysis encompasses disposition occurring at both ture has on such decisionmaking. the lower (municipal) and superior court levels.” Ferdinand, T.N. “Offense Patterns and Family Struc- Rural and urban comparisons are also made. tures of Urban, Village, and Rural Delinquency.” (Abstract taken, in part, from Journal of Criminal Journal of Criminal Law, Criminology, and Police Justice.) Science 55 (1964): 86-93. This study in several Purcell, John. “North Carolina: Corrections and Ju- Michigan communities showed that delinquents in venile Justice in a Rural State.” Columbia Human Selected Bibliography 107

Rights Law Review 5 (Spring 1976): 187-206. Part governmental relations of federal, state, and of “The Law Enforcement Assistance Administra- local-both urban and rural-governments. tion: A Symposium on its Operation and Impact” in Advisory Commission on Intergovernmental Rela- the same issue. An examination of LEAA’s gener- tions. State-Local Relations in the Criminal Justice ally successful program in North Carolina in the System. (A-38) Washington, D.C.: U.S. Govem- area of pre-delinquent and delinquent juvenile serv- ment Printing Office, August 1971. Findings and ices and juvenile corrections. The program has re- recommendations for all major aspects of state and sulted in improvement of juvenile facilities, in- local criminal justice systems, highlighting finance, creased community services to divert juveniles proposals for reform, standards and goals, and from the justice system, and training of police in specific problems. handling of juvenile offenders. Emst & Emst. Regional Criminal Justice Planning: A Rural Correctional Staff as Agents of Community Manual for Local OfJicials. Part 2: Developing a Change. Washington: LEAA, 1967. A report of a Regional Criminal Justice Plan. Washington, project in which alienated youths served as youth D.C.: National Association of Counties Research consultants to community leaders in Lane County, Foundation, 1971. Purpose of Part 2 is to acquaint Oregon. local elected officials; e.g., mayors, councilmen, Scheff, Thomas J. “Social Conditions for Rationality: and county commissioners, and their appointees, How Urban and Rural Courts Deal with the Men- with the steps involved in preparing a regional crim- tally Ill.” American Behavioral Scientist 7 (March inal justice plan. In three sections. The first points 1964): 21-24. Results of a study designed to “de- out both benefits and problems of regional criminal termine the social conditions under which substan- justice planning; the second discusses common tial rationality occurs” in court procedures for hos- functions and operations of regional planning coun- pitalizing and committing persons alleged to be cils; and the third is an overview of the principal mentally ill. Study was based on civil procedures in steps involved in developing a regional criminal four urban and sixteen rural counties in a midwest- justice plan. em state. A major finding was that in three of the Powell, Me1 D. Regional Criminal Justice Planning: four metropolitan courts, “the civil procedures. . . A Manual for Local OfJicials. Part 1: Regional had no serious investigatory purpose, but were Criminal Justice Planning and Local Officials. ceremonial in character. . . In nine of the 16 other Washington, D.C. : National Association of Coun- counties, however, these civil procedures appeared ties Research Foundation, 197 1. Need for coordina- to serve at least some investigatory purpose.” tion between local criminal justice agencies on the Tate, S.D. “Youth and Senior Citizens in Creative regional level is the basic concern of this work. Rural Courts.” Juvenile Court Journal 22 (Fall Structure of the criminal justice system is discussed; 1971): 52-54. A description of a program which problems of blocking coordination are detailed; and links senior citizens and juvenile probationers, al- the Omnibus Crime Control and Safe Streets Act of lowing each individual to benefit from the one-to- 1968 is discussed in relation to the need for long- one association. range planning. Finally, functions of various Unhovic, C. M. and Mierswa, C. G. “Synergy Pays elected officials (the judge, prosecutor, court clerk, Off Air Force Fights Delinquency.” Journal of sheriff, constable and coroner) are discussed. Rehabilitation 37 (September-October 1975): 19-21. A report on a program in which selected J. Indian Courts and Legal Services youths from the surrounding rural area are invited to Becker, Roger. “American Indian Law: New Publica- attend a summer camp on an Air Force base. tions Since 1970.” North Dakota Law Review 51 (Fall 1974): 233-35. Recent publications in the I. Intergovernmental Relations areas of court decisions, studies, federal policy, Advisory Commission on Intergovernmental Rela- treaties, and codes are described. tions. Improving Urban America: A Challenge to Canby, William C., Jr. “Civil Jurisdiction and the Federalism. (M- 107) Washington, D .C. : Govem- Indian Reservation.” Utah Law Review, no. 2 ment Printing Office, September 1976. A complete (1973), pp. 206-32. An examination of the de- summary and analysis of ACIR studies and recom- velopment of state and tribal civil jurisdiction; dis- mendations pertaining to urban areas, this volume is cussion of present jurisdictional problems, and a a useful reference to key issues affecting the inter- proposal for change. Failure of tribal courts to as- 108 Rural Courts

sume jurisdiction over all controversies closely re- dealing with American Indian affairs. lated to the reservation is viewed as fundamental Swan, Robert C. “Indian Legal Services Programs: problem. The Key to Red Power.” Arizona Law Review 12 Davis, Laurence. “Court Reform in the Navajo Na- (Fall 1970): 594-626. An examination of the operation.” Judicature 43 (August 1959): 52-55. History tion of Indian legal services programs, with particu- of the Navajo courts, the abolition of the Navajo lar attention to the Papago Legal Services program Courts of Indian Offenses, and the establishment of and the Navajo Legal Services program. the Trial Court of the Navajo Tribe (effective date University ofKansas Law Review 15 (May 1967). The April 1, 1959) are discussed. entire issue is devoted to the subject of rural pov- Guthals, Joel E. “State Civil Jurisdiction Over Tribal erty. Included are Sergeant Shriver, “Rural Indians-A Re-examination.” Montana Law Re- Poverty-The Problem and the Challenge”; James view 35 (Summer 1974): 340-47. A note reviewing D. Lorenz, Jr., “The Application of Cost-Utility ‘‘the legislative and judicial pathway leading to Analysis to the Practice of Law: A Special Case Kennerly, a subsequent Supreme Court opinion at- Study of the California Fannworkers”; Frank G. tempting to clarify the meaning of that case, and Mittelbach and James Short, “Rural Poverty in the recent Montana decisions which may have set the West-Status and Implications”; William M. Gib- stage for another battle over the extent to and man- son, “Rural Poverty in the Northeast”; Francisco ner in which a state may extend its civil jurisdiction L. Olguin and Albert E. Utton, “The Indian Rural over tribal Indians.” Poor: Providing Legal Services in a Cross-Cultural Hall, Edwin L., and Simkus, Albert A. “Inequality in Setting”; Karl E. Mundt, “Indian Autonomy and the Types of Sentences Received by Native Ameri- Indian Legal Problems”; Robert Haveman et al., cans and Whites.” Criminology 13 (August 1975): “Midwestern Rural Poverty, Human Rights, and 199-222. A comparison of the distribution of the the Need for Legal Services”; William M. Barvick, types of sentences imposed on native American and “Legal Services and the Rural Poor.” white offenders by the district courts of a western state reveals that the native American offenders K. The Courts in Four Great Plains States were more likely to receive sentences involving North Dakota Courts incarceration in the state prison and were less likely Appeals Manual. Bismarck: State Bar Association of to receive sentences which would have allowed North Dakota, Procedure Committee. them partially to escape stigmatization as a “con- Cann, Steven. “Social Background and Dissenting victed felon.” The introduction of a number of test Behavior on the North Dakota Supreme Court, factors revealed discrepancies in the sentencing of 1965-71.” North Dakota Law Review 50 (1974): native Americans and whites. Possible explanations 773-84. for these discrepancies are suggested. Civil Rules Manual. Bismarck: State Bar Association “Indian Law Forum. ” University of Kansas Law Re- of North Dakota, Procedure Committee. view 22 (Spring 1974). Included in this special issue CrirninalRules Manual. Bismarck: State Bar Associa- devoted to the Forum are articles dealing with the tion of North Dakota, Procedure Committee. evolution of jurisdiction in Indian country, historic Dwyer, John W. “Judicial Selection in North preservation and Indian culture, and three Notes on Dakota-Is Constitutional Revision Necessary?” Indian Law on civil rights, taxation, and criminal North Dakota Law Review 48 (Winter 1972): 327- procedure. 40. Includes a history of judicial selection in the “Indian Law Symposium.” North Dakota Law Re- United States, discussion of appointive versus elec- view 49 (Winter 1973). Contents: Michael Paul tive methods ofjudicial selection, and an evaluation Gross, “Indian Control for Quality Indian Educa- of the North Dakota selection procedure. The merit tion”; Daniel H. Israel and Thomas L. Smithson, plan is recommended for North Dakota. ‘‘Indian Taxation, Tribal Sovereignty and Gladden, Ted. The North Dakota Judicial Education Economic Development”; Jerry L. Bean, “The Plan. Bismarck: Office of the State Court Adminis- Limits of Indian Tribal Sovereignty: The Cor- trator, 1975. Program outlines and estimates costs nucopia of Inherent Powers”; Ronald A. Hodge, for judicial education programs mandated by legis- “Getting Back the Land: How Native Americans lation adopted by the 1975 North Dakota Legisla- Can Acquire Excess and Surplus Federal Prop- tive Assembly. Included are program descriptions erty”; and Notes, Recent Cases, and Book Reviews for supreme court judges, district court judges, Selected Bibliography 109

county judges and justices, municipal judges, State Courts, 1975. A description of the National clerks of court, juvenile supervisors/referees, and Center’s judicial information system project in court reporters. Appendices include the mandated North Dakota and the results of a needs survey of training legislation, a map ofjudicial districts, ques- the North Dakota court system. tionnaire forms, and survey results. Olson, Howard A. A Survey ofNorth Dakota’s Traffic Greenwood, J. Michael. Assessment ofAudio Record- Courts. Bismarck: Supreme Court of North Dakota, ing System for the North Dakota Supreme Court. 1973. Results of a survey of North Dakota courts Denver: National Center for State Courts, 1975. handling traffic court violations: the district court, Joint Committee of the North Dakota State Bar Asso- the county court with increased jurisdiction, the ciation and Judicial Council. Proposed Rules of county justice court, and the municipal court. Sur- Criminal Procedure. Bismarck: Supreme Court, vey covers caseload, the judge, the judicial office, 1973. court operation and staff, court facilities, and pro- Judicial Administration and Procedures Manual. cedures. Bismarck: Office of State Court Administrator. A Rolfson, Calvin N. Annual Report of the North compilation of administrative orders and case re- Dakota Judicial Council. Bismarck: Office of State porting forms and procedures for use in North Court Administrator, November 1974. Dakota courts. Rolfson, Calvin N. A Comparative Examination and Kuhns, Richard. “Revising a State Judicial Article: Analysis of the North Dakota State Judicial Salary Issues for the North Dakota Constitutional Conven- and Retirement Structure. Bismarck: Supreme tion.” North Dakota LawReview 48 (Winter 1972): Court of North Dakota, 1972. North Dakota com- 217-55. Not a specific proposal, but a clarification pared with other states. of major issues for consideration by the then upcom- Seminarfor North Dakota Judges of Courts ofLimited ing Constitutional Convention in relation to the Criminal Jurisdiction. Reno: National College of judicial article. Functions of both a state constitu- the State Judiciary, 1973. Subjects discussed are tion and a judicial article are discussed, and descrip- evidence, sentencing, trial procedure, records and tions of the various courts, judicial officials, court reports, and alcohol. administration, and rule making powers are in- Skupsky, Donald S., and Veremko, Paul G. Micro- cluded. The appendix presents the Model Judicial film and Records Disposition Options for the North Article of the American Bar Association. Dakota Courts. Denver: National Center for State MacGilvray, Dan, and Gribou, Julius. North Dakom Courts, 1976. Report on a technical assistance proj- Supreme Court Facility Study. Champaign-Urbana: ect to the state of North Dakota. National Clearinghouse for Criminal Justice Plan- Supreme Court of North Dakota. Supreme Court ning and Architecture, 1975. Committee on ProposedJudicial Article. Bismarck: North Dakota. Judicial Council. Statistical Compila- Supreme Court, 1976. tion and Report. Bismarck: Judicial Council, 1975 U.S. Department of Justice. Law Enforcement Assist- (published twice yearly). Contains directory of ju- ance Administration. Criminal Justice Agencies in dicial officials, general information, statistics of the North Dakota. Washington, D.C.: U.S. Govern- various courts, traffic violation statistics, and ment Printing Office, 1972. A directory of North prison statistics. Dakota criminal justice agencies including pros- North Dakota. Judicial Council. Code of Judicial ecutors, defenders, enforcement agencies, coufts, Conduct: Effective March I, 1974. Bismarck: probation and parole agencies, adult and juvenile North Dakota Judicial Council, 1973. correctional institutions, and all other agencies. “The North Dakota Judicial System.” Description of Definitions, limitations of data, and other explana- North Dakota’s Supreme Court, District Court, tory information are included. County Court, County Court of Increased Jurisdic- University of North Dakota School of Law, American tion, County Justice Court, and Municipal Court. Bar Association, and the North Dakota Combined North Dakota Bar Association. Committee for the Law Enforcement Council. Comparative Analysis Study of the Unified Court System. North Dakota of American Bar Association Standards for Crimi- and the Unified Court System Bismarck: State Bar nal Justice with North Dakota Law, Rules and Prac- Association of North Dakota, 1970. tice. Intended “. . . to be a useful tool for study and North Dakota State Judicial Information System Proj- implementation of the American Bar Association’s ect: Interior Report. St. Paul: National Center for Standards for Criminal Justice in North Dakota.” 110 Rural Courts

White, James P. “The New North Dakota County 91. Basic provisions of new judicial articles pend- Justice Court.” North Dakota Law Review 36 (Oc- ing in each state are presented. tober 1960): 246-5 1. Description of the new county Lieblich, J. F. Preliminary Report: Technical Assist- justice court; the result of a 1959 North Dakota ance Planning Conference with Judicial and Legis- legislative act which abolished the justice of the lative Authorities for Restructuring South Dakota peace. Increased pressure upon the justice of the Courts Under New Judicial Article V,South Dakota peace court in the form of increased traffic court Constitution. Washington, D.C.: Criminal Courts work is cited as reason for change. Technical Assistance Project, 1972. Minnehaha County Juvenile Court and Detention South Dakota Courts Facility. St. Paul: National Center for State Courts, Bogue, Andrew W., and Fritz, Thomas G. “The 1975. A study of the operation of the juvenile court Six-Man Jury.” South Dakota Law Review 17 and of the impact of statewide court reorganization (Spring 1972): 285-90. Six-man juries may offer on this court. significant cost and time savings to South Dakota Office of the State Court Administrator. Magistrates counties and courts. Manual-Draf. Pierre: Office of the State Court Court Management Consultants. Restructuring South Administrator, 1974. Dakota Courts Under New Judicial Article V,South Public Administration Service. Analysis and Rec- Dakota Constitution, 4 Parts. Washington, D.C.: ommendations on the Funding of the South Dakota Criminal Courts Technical Assistance Project, Judicial System. Chicago: Public Administration 1973. Reports in four parts on the technical assist- Service, 1974. ance planning services provided to the South Public Administration Service. The Implementation of Dakota State Planning Agency, Supreme Court, the South Dakota Unified Judicial System. Chicago: and legislative leadership on restructuring of the Public Administration Service, 1974. Analysis and state courts in accord with the Judicial Article V recommendations on funding of the system. Pro- adopted by the people in the November 7, 1972, posed classification and pay plans for judicial per- election. Part one covers the legislative implemen- sonnel. Organization and staffing, court accounting tation tasks, Part two covers the tasks facing the and budgeting, and court records management. Supreme Court, the lower courts, and other gov- Public Administration Service. Proposed South ernmental agencies in the state of South Dakota. Dakota Judicial System Personnel Rules. 1975. Crenshaw, Ronald W. “Jury Composition-The Pur- Seventh Judicial Circuit, South Dakota: A Caseflow poseful Inclusion of American Indians. ” South Management System. St. Paul: National Center for Dakota Law Review 16 (Winter 1971): 214-21. State Courts, 1976. The outline of a recommended Note onSong Warrior v. Peacock, Civil No. 70-8c caseflow management system for the circuit. (W.D.S.D., filed August 5, 1970), in which plain- South Dakota. Division of Law Enforcement Assist- tiffs (American Indians) alleged that the South ance. Criminal Justice in South Dakota, 1974: A Dakota state’s attorney and county commissioners Plan for Action. Pierre: 1974. Comprehensive de- deliberately and systematically used procedures and scription of South Dakota’s law enforcement sys- methods which resulted in either no American In- tems and resources (including courts); long and dians being selected from the jury lists or limiting short term planning, funding and budgeting pro- the number of American Indians selected to a small grams; and related plans, programs, and systems. or token number which could easily be struck “South Dakota Consolidates County and Municipal through peremptory challenges. Consent decree Courts.” Judicature 51 (March 1968): 312. Brief was entered in favor of plaintiffs. note on court reorganization in South Dakota Driscoll, Robert E., and Jewett, Harvey C. South enacted in the 1968 Legislative session. County and Dakota Manual for Justice Courts. 1973. A com- municipal courts were consolidated; number of prehensive manual aimed at the justice of peace in judges reduced; judicial salaries were increased; all South Dakota, it includes sections on the Justice new judgeships are full-time positions. Court, Criminal Proceedings, Civil Proceedings, South Dakota Law Library System. St. Paul: National Other Duties, Administration, Forms, and subject Center for State Courts, 1975. A recommended index. organization for the South Dakota law library. “Judicial Articles Pending in Montana, Kansas, South Dakota State Court Administrator Filing System South Dakota.” Judicature 55 (May 1972): 390- Report. St. Paul: National Center for State Courts, Selected Bibliography I I I

1975. An outline of a recommended system for Code. Recommendations for revision and “iden- organizing the files of the South Dakota State Court tification of potential problem areas” are included. Administrator’s office. Mason, David R., and Crowley, William F. “Monta- South Dakota Supreme Court. Statistical Report: Cir- na’s Judicial System-A Blueprint for Modemiza- cuit and District County Courts, State of South tion.” Montana Law Review 29 (Fall 1967): 1-41. Dakota, Calendar Year 1974. Contains sections on history and nature of the court “South Dakotans Work for Passage of New Judicial system, proposal for a modem uniform court sys- Amendment.” Judicature. 56 (November 1972): tem, including abolishment of the justice of the 173-74. Note on the activities of the October 13-14, peace, redistricting and absorption of lower court 1972, Citizens’ Conference on the South Dakota case loads, small claims procedures, criminal pro- Courts held in Sioux Falls. cedures. Proposal is for a two-level court structure U.S. Department of Justice. Law Enforcement Assist- composed of a single appellate court and a single ance Administration. Criminal Justice Agencies in level of trial court. South Dakota. Washington, D.C.: U.S. Govem- Montana Board of Crime Control. Montana’s Envi- ment Printing Office, 1972. A directory of South ronment Faces Many Threats€rime is One of Dakota criminal justice agencies, including pros- Them. Helena: Montana Board of Crime Control, ecutors, defenders, enforcement agencies, courts, 1972. Descriptive work providing general informa- probation and parole agencies, adult and juvenile tion on Montana’s law enforcement personnel, correctional institutions, and all other agencies. facilities, funding, and programs. Definitions, limitations of data, and other explana- Montana. Department of Administration. Montana tory information is included. Administrative Manual: Personnel. Helena: 1975. Montana. Office of the Governor. Statewide Class$- Montana cation and Pay Plans: Employee Handbook. Erickson, William H. “Will Colorado’s Effort to Im- Helena: 1975. prove the Administration of Justice Help Mon- “Montana Voters Approve First New Constitution.” tana?” Montana Law Review 33 (Winter 1972): Judicature 56 (October 1972): 128. News note on 52-62. History and overview of court reform in approval of new constitution, which reduced Colorado. Emphasis is upon adoption of a unified number ofjustices of the peace, gave supreme court court system and a merit system and tenure for supervisory control over all state courts, and au- judges, with conclusion advocating adoption of thorized creation of new lower courts. similar systems by Montana. Holden, Lon T. “Justice Court Reform in Montana,” Wyoming Montana Law Review 34 (Winter 1973): 122-49. Daley, James B., et al. “The Minor Courts of Wyo- Passage of Montana’s new constitution in 1972 ming. ” Wyoming Law Journal 15 (Fall 1960): reaffirmed the constitutional status of justice courts. 22-47. A discussion of the history, organization, The author discusses deficiencies of justice courts effectiveness, and suggested reform of Wyoming’s in Montana and suggests alternatives that im- minor courts. Specific criticisms and suggestions plementation of the justice of the peace section of for reform are included. the new judiciary article could take. Number and Laird, Dallas J. Criminal Procedure Manual for Wy- placement of judges, qualifications, training, com- oming Minor Courts. Wyoming Traffic Safety pensation, facilities, supervision, practice, proce- Commission. Includes description of the Wyoming dure and jurisdiction, and discipline and removal court system; detailed discussion of operation of are discussed. justice courts; detailed discussion of criminal pro- “Judicial Articles Pending in Montana, Kansas, ceedings; and a variety of judicial and accounting South Dakota.” Judicature 55 (May 1972): 390- forms (in the appendix). 91, Basic provisions of new judicial articles pend- Lowe, Robert S. “A Call to Change Wyoming’s ing in each state are presented. Minor Judicial System.” Wyoming Law Review, 15 Lawson, Harry O., and Schmidt, David R. Report on (Fall 1960): 48-52. Author who has served as a Consultation to the State of Montana Governor’s justice of the peace recommends that lay judges be Juvenile Justice Committee. Washington, D.C.: replaced by lawyers and that the prestige of the American University, 1972. Discussion of prob- minor courts be elevated. Specific suggestions for lems and deficiencies of the Montana Juvenile reform are included. 112 Rural Courts

Lyman, Ted. A Proposed Strategy for Developing for the State of Wyoming. Cheyenne: Governor’s Criminal Justice Standards and Goals for the State Planning Committee on Criminal Administration, of Wyoming. Cheyenne: 1974. Contains chapterson 1973. The Wyoming Defense of Needy Persons Act nature of standards, organizational structure, roles provides that counties may establish an Office of and responsibilities of various agencies, proposed Public Defender to meet new standards and proce- methodology (including chart depicting specific fu- dures. The Natrona County Public Defender Office ture task delineation). is examined in relation to its possible use as a cost National Center for State Courts. Wyoming District model for other defender programs. Court Criminal Bench Book. St. Paul: 1976. A Wyoming. Governor’s Committee on Criminal Ad- guide to criminal trials in Wyoming, including ministration. Development of an Information Sys- synopsis of statute and case law and checklists of tems Model for Wyoming District Courts. Fort Col- trial procedures. lins: Colorado State University, 1972. A study of National Center for State Courts. Wyoming Supreme the information needs of the Second and Seventh Court Supervision of Lower Courts St. Paul: District Courts of Wyoming, including an investi- AmericanUniversity, 1973. “The purpose. . . is to gation of the internal records management proce- provide preparatory recommendations for supervi- dures, the information system, and the information sion of the justice courts by the Wyoming Supreme flow between the court and offices peripheral to the Court beginning January 1, 1975.” Specific re- court function. commendations and comments upon statutory ref- Wyoming. Governor’s Planning Committee on Crim- erences to justice courts are included. inal Administration. Report on Prosecution in Wy- Panel of the American Judicature Society. “Sym- oming with Recommendations for Change. posium: Modem Courts for Wyoming.” Land and Cheyenne: 1974. Study and recommendations for Water Law Review 1 (1966): 569-610. Wyoming the Wyoming prosecutor system, including discus- Bar Proceedings, 1965. Includes: “Court Organiza- sion of facilities, prosecutor compensation, discretion and Administration,” by Edward E. Pringle; tion, role of attorney general’s office, and costs of “Courts of Limited and Special Jurisdiction,” by prosecution. The major recommendation in the re- Allen Levinthal; “How to Modernize Your port is for the adoption of a full-time prosecutor Courts,” by Bob Allard; and others. system. Western Analysts. Minor Court Survey of Selected Wyoming League of Women Voters. Corrections Wyoming Counties. Riverton: Western Analysts, Study of Wyoming. Publication No. 36. Cheyenne: 1974. Information on the following areas is pro- n.p., 1974. Description of each of the various com- vided for each selected county: justice courts, ponents of the Wyoming correctional system. In- municipal courts, district courts, attorneys, court- cludes bibliography. room location, jury facilities, court recording, “Wyoming Legislature Approves Merit Selection, county court juries, county court support services, Other Judicial Reforms.” Judicature 54 (April county court commissioners, holding facilities, 1971): 393. Note on Wyoming court modernization minor court inventory, budget estimates, summary legislation in 197 1. Acts include merit selection and and conclusions. tenure; increased salaries and retirement benefits, Winters, Glenn R., and Lowe, R. Stanley, eds. creation of modem county courts, improvement of Selected Readings on the Administration of Justice quality of existing justices of the peace. “This ses- and its Improvement. Chicago: American Judica- sion was the most productive in the area of court ture Society, 1971. Prepared for Second Citizens’ reform ever completed by a state legislature in the Conference on Wyoming Courts. United States.” Wolf, Richard. Preliminary Analysis of the CostProb- Wyoming. Supreme Court. Minor Court Rules. lems of the New Wyoming Minor Court Legislation. Cheyenne: October 1974. Includes: “Rules of Cheyenne: 1972. Implications and general consid- Criminal Procedure. . .”; “Rules for Fees and erations pursuant to Section 5-85 of the Wyoming Costs. . .”; and “Administrative Rules. . .” for Statutes, which states that the Wyoming Supreme Wyoming Justice of the Peace Courts. Court will determine the number of justices of the “Wyoming’s 1967 Legislature Referred the Task of peace to be elected or appointed in each county. Creating a New Minor Court System. . .” Judica- Wolf, Richard. Survey of the Projected Costs of As- ture 50 (April 1967): 283. Wyoming’s 1967 legisla- signed Counsel and Public Defender Ofice Systems ture referred the task of creating a new minor court Selected Bibliography I13

system to the Statute Revision Commission and tutional amendment which removed justices of the appropriated $10,000 for its expenses. This action peace from the constitution and gave the legislature follows the approval in the 1966 election of a consti- power to provide a new minor court system by law.