An effective managerial setting is demonstrates human resource capacity, leadership direction and support, and infrastructure support. Each of these attributes is unified and collectively they form the basis of an Organization’s ability to achieve. They form part of the structure of effective policy development. The procedure of policy development involves analysis, research, and discussion of a mixture of information to make recommendations. It should involve an assessment of alternatives against a set of measure used to assess each option. This is no different from court proceedings and administration of the court system. Many factors are involved and they all need to be considered in policy developed in the court system.
How does a court system cope with a changing of the guard when a new administration is elected and key executives and managers are replaced, and/or when policy changes direction as a new political party assumes power?
Political parties all differ in ideology and so do politicians and the courts. While the political system and administration of the courts may change the legal system and especially the judicial system, ethics and practices remain the same. The judicial and the courts system are responsible for the settling litigations by implementing the law. The courts are governed by judicial independence, which means the courts operate independent of any other arm of government. The court system is responsible for judging conflicts between citizens and executive systems. Thus, the courts and judges should be independent of executive and state organs. This also means that the courts should be independent of citizen influence; therefore, judicial independence means the absence of influence of the court administration or political organs. It also refers to impartiality of the judges (Fabri, & Langbroek, 2009).
Integral management rules courts, which is a team of management made up of ordinary civil servants in addition to, judges. Judges and court system have autonomy this means that even with a change in administration they remain unchanged. Despite the changes in administration, the judge remains the manager of the court system as administration of the court is done to facilitate the comfort ability of the judge. The constitution requires the Supreme Court to implement regulations for the practice and course of action and administrative command of all courts. To meet this task, the Supreme Court issues Florida Rules of Court, as well as the Rules of Judicial Administration, that set up policies for the trial court administration, case management, and time standards for case dispensation, along with other issues (Fabri, & Langbroek, 2009).
Court systems and judges must follow Rules of the Court and circuit administrative orders. However, judges even with the new administration or change in political power have considerable prudence in running their individual courtrooms and in the cases brought before them. Nationwide research on the effectiveness of criminal and civil proceedings has shown that there is no sole set of top practices for dealing with court administration change (Goodner, 2009).
How does a new legal interpretation resulting from a court’s decision on an existing law related to court procedures, and how does the passage of a new law affect court administration?
Before a law takes any effect, the court, and any other, law applying organ have a responsibility to decide the validity of the judge’s interpretation of the law. That is, the facts must be stated and the legal consequences addressed. In their application, the new interpretation of the law or the new rules determines the consequences of the facts specified in the operative facts. The court system formulates an analysis and interpretation of findings associated with the existing law and the new law, the roles they have played in the legal proceeding and how to improve the value and performance of the new law. This is because the new law interpretation should have a positive influence the court system. The judge has to demonstrate a charismatic and rational interpretation and adaptation of the law in the court so that the rest of the court system may adopt the law in the system.
New legal interpretation means that every proceeding case will have to follow the new the new interpretation. The existing system will have to be changed in accordance to the new law. The new interpretation, however, must be deemed rational before any changes are implemented relating to the new law. After justification of the new interpretation, the court administration files and records the new interpretation for future referencing. The administration is also responsible for implement the new laws and regulations (Wroblewski, Bankowski, & MacCormick, 2000).
What kinds of management best practices would you, as a court administrator, implement to ensure appropriate levels of continuity, efficiency, effectiveness, and fairness when significant changes occur that impact the court system?
Successful court administration depends on the working relationship of all the members of the court including the chief judge. Developing management that is effective, efficient and fair amidst changes that occur in the court system consist of communication, cooperation, coordination, and conciliation. It is important to communicate any expectations in all areas for example personnel, public relations, and fiscal management. With a new administration comes new leadership policies and different leadership styles, however, the day-to-day activities remain the same. One of the most significant tasks of a court administrator is to bring to the court management awareness and practice, which allow judges to listen to cases and do legal research. Excellent management practices permit the principal judge to realize the most favorable performance. As a court administrator, I would make sure to develop open communication systems. This will permit the courts employees and subordinates to share openly their concerns and ideas with me about the new changes. Furthermore, it will encourage a participative decision making process as well as promote cooperation among individuals and teamwork, this will play a noteworthy part in improving the performance and efficiency.
Cooperation with lawyers, court workers and the judge is vital as this ensures that all issues associated with the court , such as change in the administration or when key executives and managers are replaced, when policy changes direction as a new political party assumes power, and employee’s need etc, are identified. This will enable me as the court administrator enables develop more effective strategies that enable the court to achieve its objectives remain effective and continuity. Additionally, I would put in place principles that govern social life as applied in the behavioral leadership techniques. Taking into account the differences in the power structures and the different political systems of stakeholders, will enable leaders to me develop a more effective administration (Zaccaro, & Horn, 2003).
Developing effective management practices means it collaborating with the new power system and administration from the beginning. Using flexible strategies that can integrates different political administration and power. Here, the strategies will involve fundamental processes of operational management and direct setting.
References
Fabri, M., & Langbroek, P., (2000).The Challenge of Change for Judicial Systems: Developing a Public Administration Perspective. Netherlands: IOS Press
Goodner, E., (2009). OPPAGA Report. Retrieved on April 24, 2012 from http://www.oppaga.state.fl.us/reports/pdf/0906rpt.pdf
Wróblewski, j. Bańkowski, Z., Neil MacCormick, N., (2000) The Judicial Application of Law. Netherlands: Kluwer Academic publishers.
Zaccaro S. & Horn N. (2003). Leadership Theory and Practice: Fostering an Effective Symbiosis. Fairfax, VA: Pergamon
