In Support of the Principles for Judicial Administration
Resolution 4: In Support of the Principles for Judicial Administration
WHEREAS, the Conference of Chief Justices and the Conference of State Court Administrators for more than fifty years have worked to promote effective judicial governance and accountability, as well as responsive judicial branch institutions that provide the highest quality of services to the public; and
- WHEREAS, as a separate branch of government, courts have the duty to protect citizens' constitutional rights, to provide procedural due process and to preserve the rule of law; and
WHEREAS, the Conference of Chief Justices and the Conference of State Court Administrators have adopted Resolution 23 In Support of Principles of Effective Judicial Governance and Accountability (January 21, 2004) which identifies the core elements of judicial governance and accountability for state court systems; and
- WHEREAS, the Conference of Chief Justices and the Conference of State Court Administrators have adopted Resolution 22 State Judicial Branch Budgets in Times of Fiscal Crisis (January 21, 2004) which identifies the measures courts should take in managing budgets during tight financial times; and
- WHEREAS, the American Bar Association has adopted Resolution 302 (August 9, 2011) which urges state, territorial, and local governments to recognize their constitutional responsibilities to fund their justice systems adequately, provide that funding as a governmental priority, and develop principles that would provide for stable and predictable levels of funding of those justice systems; and
- WHEREAS, judicial leaders have the responsibility to demonstrate what funding level is necessary for the courts to operate effectively and establish administrative structures and management processes that demonstrate that they are using the taxpayers' money wisely; and
- WHEREAS, changing socioeconomic factors and shifting demands on our judicial institutions require courts to develop solutions that look beyond the short-term; and
WHEREAS, court leadership has expressed a strong need for a set of principles to guide them as they seek to restructure court services and secure adequate funding; and
- WHEREAS, under the guidance of the Conference of State Court Administrators the National Center for State Courts has developed the Principles for Judicial Administration which provide a unified, comprehensive and succinct set of principles that serve as operational guides to assist courts as they face the challenges of the twenty-first century;
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators endorse the Principles for Judicial Administration and urge:
- Court leaders to take steps to operate their court systems in accordance with these Principles; and
- Court leaders to use these Principles to critique how their court systems match up to the principles of governance, decision-making and case administration, and court funding; and
- Court leaders to use these Principles to help members of legislative bodies and their staffs understand the difficult structural and fiscal decisions required to enable courts to enhance the quality of justice while facing increased caseloads with fewer resources; and
- Court leaders to use these Principles to educate the legal community on the operational requirements and fiscal needs of their court systems; and
- The National Center for State Courts to establish a clearinghouse and to serve as a resource center for courts as they gain experience from the use of various principles; and
- The National Center for State Courts to continue to review these Principles with the court community and the legal community and, over time, ensure and maintain their relevance, usefulness and appropriate application.
Adopted as proposed by the CCJ/COSCA Court Management Committee at the 2012 Annual Meeting on July 25, 2012.