International Journal For Court Administration Vol. 8 No. 2 Seventeenth Issue Vol. 10 No. 1 Twenty-second Issue ISSN 2156-7964 Winter Issue 2019 ISSN 2156-7964 © Alex Prager JudgesExtending and Courts Court-Protected Respond to LegalOpioid Person Litigation Status Engulfing to Non-Human U.S. Court Entities Systems IACA The Official Publication of the International Association For Court Administration www.iaca.ws International Association For Court Administration International Association International Journal For Court Administration For Court Administration IJCA is an electronic journal published on the IACA website (www.iaca.ws). As its name suggests, IJCA focuses on contemporary court administration and management. Its scope is international, and the Editors OFFICERS welcome submissions from court officials, judges, justice ministry officials, academics and others whose professional work and interests lie in the practical aspects of the effective administration of justice. Mark Beer President Markus Zimmer Philip Langbroek Pamela Harris Executive Editor Managing Editor Chief Executive Officer [email protected] [email protected] Sheryl L. Loesch President-Elect Tin Bunjevac Gar Yein Ng Vladimir Freitas Co-Managing Editor Co-Managing Editor Immediate Past President Cathy Huiser Andreas Lienhard Luis Maria Palma Dr. Marco Fabri Chief Administrative Officer Journal Editor Journal Editor Journal Editor Pim Albers Acting Vice President, Europe Leisha Lister Fabricio Bittencourt da Cruz Anne Wallace Oleg Shakov Journal Editor Journal Editor Journal Editor Vice President, North America Louise Anderson Editorial Board IACA Journal Vice President, South Asia & Australia Dr. Pim Albers, Senior Project Leader, Institute for Global Justice, The Hague, The Netherlands Simon Jiyane Jeffrey A. Apperson, Vice President for International Affairs NCSC, Virginia, USA, IACA Board Executive CEO Vice President, Africa Dr. Carl Baar, Professor Emeritus, Brock University Adjunct Professor of Political Science, York University, Toronto, HE Justice Ali Al Madhani Ontario, Canada Vice President, Middle East Dr. Dacian Dragos, Jean Monnet Associate Professor, Centre for Good Governance Studies, Babes Bolyai Thomas Bruton University, Cluj-Napoca, Romania Vice President, International Associations Hon. Vladimir Freitas, Justice, (Ret.) Tribunal Federal a4a Regieo, Brazil Madiyar Balken Dr. Péter Hack, Associate Professor Faculty of Law, ELTE University, Budapest, Hungary Vice President, Central Asia Dr. Ingo Keilitz, Principal Court Research Consultant, Williamsburg, VA. USA Luis Maria Palma Daniel Kettiger, Researcher and Attorney at Law, Center of Competence for Public Management, Vice President, South & Latin America University of Bern, Switzerland Vacant Dr. Barry Mahoney, President Emeritus, The Justice Management Institute, USA Vice President, Corporate and NGO Services Dr. James (Jim) McMillan, Director - Court Technology Laboratory, National Center for State Courts, Joseph Bobek Williamsburg, VA, USA Chief Financial Officer Dr. Fan Mingzhi, Vice-Director of China Justice Academy, Beijing, China Philip M. Langbroek Dr. Gar Yein Ng, Assistant Professor, Central European University, Budapest, Hungary Managing Journal Editor Dr. Brian Ostrom, Principle Court Research Associate, National Center for State Courts, Williamsburg, VA, USA Julia Ricketts Hon. Abdul Karim Pharaon, Justice, Court of Cassation, United Arab Emirates Secretary Andrew Phelan, Chief Executive & Principal Registrar, High Court of Australia, Australia Adam Watson Professor Dr. Greg J. Reinhardt, Executive Director, AIJA, Melbourne, Australia Vice President, Membership Marcus W. Reinkensmeyer, Director, Court Services Division, Administrative Office of the Courts, Arizona, USA Linda Wade-Bahr Hon. Dr. Johannes Riedel, President, Ret., Court of Appeal (Higher Regional Court), Cologne, Germany Chief IT Officer David Steelman, Principal Court Management Consultant (Ret.), National Center for State Courts, Leisha Lister Williamsburg, VA, USA Regional and International Donna Stienstra, Senior Researcher, Research Division, Federal Judicial Center, Washington, D.C, USA Conferences Officer Dr. Elizabeth C. Wiggins, Senior Researcher, Research Division, Federal Judicial Center, Washington, D.C, USA ADVISORY COUNCIL Hon. Vladimir Freitas, Chair Immediate Past President H.E. Sotheavy Chan Justice Ministry, Cambodia International Association For Hon Ngozi Chianakwalam Court Administration Investments and Securities Tribunal, Nigeria Hon. Allyson K. Duncan The International Journal For Court Administration is an initiative of IACA's Executive Board and its U.S. Court of Appeals, USA diverse membership. The Journal is an effective communications vehicle for the international exchange of Hon. Delia M. Carrizo Martínez experiences, ideas and information on court management, and contributes to improving the administration Superior Tribunal Second Judicial District, Panama of justice in all countries. The collective international experience of its Executive Board and Editors has Mary McQueen been that every judicial system, even in countries in the earlier stages of transition, has elements to it National Center for State Courts, USA that may be of interest to others. The variations in practice and procedure from one region of the world to Hon. Karim Pharon another, from one court system to another, also reveal major similarities across all systems. IJCA serves Supreme Court, Emirate of Abu Dhabi, UAE as a resource for justice system professionals interested in learning about new and innovative practices Hon. Takdir Rahmadi in court and justice system administration and management, in common law, continental, and Shari'ah- Supreme Court, Republic of Indonesia based legal systems throughout the world. The Editors publish two issues per year. Hon. Dr. Johannes Riedel Court of Appeal, Germany, Ret. The Editors welcome submissions from court officials, judges, justice ministry officials, academics and Professor Gregory Reinhardt others whose professional work and interests lie in the practical aspects of the effective administration Australian Institute of Court Administration, of justice. To view the Editorial Policy and Procedures for Submission of Manuscript and Guidelines for Australia Authors, visit the IACA website (www.iaca.ws) and chose IACA Journal. Hon. Maja Tratnik Supreme Court, Republic of Slovenia The Journal accepts advertising from businesses, organizations, and others relating to court and justice systems by way of services, equipment, conferences, etc. For rates, standards, and formats, please contact one of the editors. Riverboat court moored on Brazil’s Amazon River. Photograph by Dado Gladieri used with permission C copywriteart.pdf 1 12/20/17 8:30 AM VolumeM 10, Issue 1, Winter 2019 ISSN 2156-7964 Y In this Issue: URL: http://www.iacajournal.org CiteCM this as: DOI: 10.18352/IJCA.292 International Association For From the Executive Editor: Copyright: Court Administration MY Financing the Judiciary in the CY Netherlands: between work overload CMY in the courts and government control From the Managing Editor: K of the Judicial Budget. Financing the Judiciary in the Netherlands: between work overload By Philip Langbroek in the courts and government control of the Judicial Budget. By Philip Langbroek, Managing Editor Professional Articles: In terms of legal regulations, the Netherlands has a well-balanced but complicated Ten Questions for Dory Reiling - system for financing the judicial functions of government. Judicial appropriations are Developing IT for Courts determined by the collective production of the ordinary courts, the Central Appeal (Interviewed by Professor Anne Wallace) Board, and the Trade and Industry Appeals Tribunal. Different formula rates are ...........................................................................1 applied to each jurisdiction. For example, Plural Judge Panel cases deliver far more money than cases that are decided by a single judge. Below, I argue why, Judges and Courts Respond to from a constitutional perspective, the appropriations process for funding the Dutch Opioid Litigation Engulfing U.S. judiciary has undesirable consequences for the functioning of judges and courts. Court Systems Those consequences flow from the manner in which the appropriations process has Markus B. Zimmer, Executive Editor been developed and applied in practice by these players: the Ministry of Justice and Security, the Council for the Judiciary, the courts administration and the judges ...........................................................................5 themselves. The financing system essentially functions as a business model rather than as a judicial and court-services model based on the effective administration of Academic Articles justice. It is striking that the judicial organization is treated by the government and Italian Perspectives on the Judiciary parliament as any other government department. By Giuseppe Franco Ferrari For the judicial organization, the production of the previous year determines budgets .........................................................................13 for the succeeding year. In the ministerial appropriations process, court production Funding the Judiciary: How projections for the coming year drive budgetary allocations. For more work than Budgeting System Shapes Justice. planned, the judicial organization gets 70% of the amount set per case; 30% will be reduced for work levels that do not meet projections.