Court Management
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Court administration, administration of courts or judicial administration is a field of
public administration Public administration, or public policy and administration refers to "the management of public programs", or the "translation of politics into the reality that citizens see every day",Kettl, Donald and James Fessler. 2009. ''The Politics of the ...
on
back office A back office in most corporations is where work that supports '' front office'' work is done. The front office is the "face" of the company and is all the resources of the company that are used to make sales and interact with customers and clien ...
affairs of
court A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...
operation, including annual budgeting and
human resource management Human resource management (HRM) is the strategic and coherent approach to the effective and efficient management of people in a company or organization such that they help their business gain a competitive advantage. It is designed to maximize e ...
.


Models of court administration

While detailed hands-on practice of court administration differs in each of country by its own tradition and constitution, general models of court administration can be classified according to who leads core parts of it among
branches of government The separation of powers principle functionally differentiates several types of state power (usually law-making, adjudication, and execution) and requires these operations of government to be conceptually and institutionally distinguishable ...
, such as
executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive dir ...
or
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
.


Executive model

Executive model entails core parts of court administration, such as annual budgeting and appointment of judges, to responsible minister (mostly
justice In its broadest sense, justice is the idea that individuals should be treated fairly. According to the ''Stanford Encyclopedia of Philosophy'', the most plausible candidate for a core definition comes from the ''Institutes (Justinian), Inst ...
,
treasury A treasury is either *A government department related to finance and taxation, a finance ministry; in a business context, corporate treasury. *A place or location where treasure, such as currency or precious items are kept. These can be ...
or
interior minister An interior minister (sometimes called a minister of internal affairs or minister of home affairs) is a Cabinet (government), cabinet official position that is responsible for internal affairs, such as public security, civil registration and iden ...
) in
cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filin ...
inside
executive branch The executive branch is the part of government which executes or enforces the law. Function The scope of executive power varies greatly depending on the political context in which it emerges, and it can change over time in a given country. In ...
of the government. Yet day-to-day parts of court administration, such as case assignment and appointment of
court clerks A court clerk (British English: clerk to the court or clerk of the court ; American English: clerk of the court or clerk of court ) is an officer of the court whose responsibilities include maintaining records of a court and administering oaths t ...
, are usually delegated to chief judge of each court. Example of this model is Federal Courts of Germany, where Federal Ministry of Justice and
Federal Ministry of Labour and Social Affairs The Federal Ministry for Labour and Social Affairs (, ; abbreviated BMAS) is a federal ministry of the Federal Republic of Germany headed by the Federal Minister of Labour and Social Affairs as a member of the Cabinet of Germany (). Its first ...
takes authority for court administration.


Judicial / autonomous model

Judicial model, or autonomous model empowers
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
itself to handle court administration. Example of this model is
Federal judiciary of the United States The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primaril ...
, where
Judicial Conference The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial co ...
constituted by chief judge of each federal courts makes policy decision, and Administrative Office composed by the Chief Justice executes it.


Partnership / commission model

Partnership model or commission model makes both
executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive dir ...
and
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
mutually responsible for court administration, by creating joint independent commission. This commissions are usually called as '
council of the judiciary In the European continental judicial tradition, the national councils of the judiciary are institutions on judicial administration that ensure the self-management of the judiciary and the effective delivery of justice, which are autonomous or in ...
'. This model is popular in European countries, yet detailed mission of each 'council of the judiciary' varies. For example, 'French council of the judiciary ()' on
French judiciary courts The French judiciary courts (), also known as "ordinary courts", are one of two main divisions of the Jurisdictional dualism in France, dual jurisdictional system in France, the other division being the Judiciary of France#Administrative, administ ...
is only responsible for
human resource management Human resource management (HRM) is the strategic and coherent approach to the effective and efficient management of people in a company or organization such that they help their business gain a competitive advantage. It is designed to maximize e ...
but not for annual budgeting.


See also

*
Administration of justice The administration of justice is the process by which the legal system of a government is executed. The presumed goal of such an administration is to provide justice for all those accessing the legal system. Australia In ''Attorney General for ...
*
Council of the judiciary In the European continental judicial tradition, the national councils of the judiciary are institutions on judicial administration that ensure the self-management of the judiciary and the effective delivery of justice, which are autonomous or in ...
** Judicial Council (disambiguation) ** National Courts Administration (disambiguation) *
Judicial interpretation Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary. This is an important issue in some common law jurisdictions such as the United St ...


Notes and references

{{Authority control *