Discount Justice : State Court Belt-Tightening in an Era of Fiscal Austerity / Michael D. Greenberg, Samantha Cherney.
2017
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Title
Discount Justice : State Court Belt-Tightening in an Era of Fiscal Austerity / Michael D. Greenberg, Samantha Cherney.
Added Author
Added Corporate Author
Variant Title
State Court Belt-Tightening in an Era of Fiscal Austerity.
Imprint
Santa Monica, Calif. : RAND, [2017]
Copyright
©2017.
Description
1 online resource (ix, 44 pages).
Series
Conference proceedings (Rand Corporation) ; CF-343-RC.
Formatted Contents Note
Preface
Summary
Acknowledgments
1. Introduction and Introductory Remarks: Opening of the Conference
Introductory Remarks by Michael Greenberg
2. Financing, Governance, and the "State" of State Courts
How Do Court System Funding Mechanisms Vary Across States, and How Have the Mechanisms Changed Due to the 2008 Financial Crisis?
What Is the Governance Structure of the Courts in Minnesota? Did This Help to Make the Courts More Resilient to Economic Conditions? And How Does the Minnesota System Compare with Governance Elsewhere?
When Courts Face Budget Cuts, How Do They Implement These in Operations, and What Are the Risks of Nonrestoration in the Long Term?
What Are the Likely Long-Term Effects of Recent Rounds of Budget Cuts on State Courts?
3. Constitutional Dimensions to the Funding of State Courts: When and How Are Constitutional Principles Implicated in the Funding of State Courts?
Has the Basic Funding and Constitutional Challenge to State Courts Changed in Recent Years?
Is There a Basic Conflict of Interest in Judges Deciding the Constitutional Question of Whether Resourcing to State Courts Is Adequate?
Do Courts Risk Being Delegitimized When Challenging the Constitutionality of Budget Cuts Imposed by Other Branches of State Government?
What Role Can Empirical Data and Research Play in Constitutional Conversations About Courts and Their Funding?
Might the Impact of Budget Cuts on Personal Injury Cases in California Create a Fundamental Due Process and Equal Protection Problem?
Should State Courts Respond to a Fundamentally Inadequate Budget by Simply Shutting Down Altogether for Part of the Year?
4. Keynote Address: Tani G. Cantil-Sakauye, Chief Justice of California: Can You Provide an Overview of the Structure of the Judiciary in California?
Can You Describe the Transition from Local to State Funding of the Judiciary?
What Role Can Research and Data Play in Informing the Public About Court Budgetary Issues?
What Is the Future of the Judicial Branch in California?
Is There a Role for Anecdotal Evidence in Advocating for Increased Funding for the Judiciary?
Is Progress Being Made on an Online Docket in California?
Is the Criticism Levied Against the Judicial Council Valid?
Can You Discuss the Trends in Case Filings?
What Is Your Vision for Stable Funding of the Judiciary?
How Can the Legal Profession Help the Judiciary?
5. Empirical Research on Resourcing to State Courts: Thomas Clarke, Speaking on Empirical Work for the National Center for State Courts Regarding State Court System Resourcing
Ingrid Eagly, Speaking on Her Empirical Study of the Impact of Remote Adjudication Technology on Immigration Court Proceedings
Geoffrey McGovern, Speaking on His Empirical Research on Court System Resourcing for the RAND Institute for Civil Justice
Herbert Kritzer, Sharing Some Reflections About Empirical Research on Courts
Q&A from the Audience
6. Access to Justice and Business-to-Business Litigation: Question from Moderator to Craig Holden: In Your View, How Has the Business Community in California Been Affected by the Funding Crisis That the Courts Are Facing?
Question from Moderator to Rebecca Sandefur: Based on Your Research, How Has the Financial Crisis Affected the Cases Being Brought in the Courts?
Question from Moderator to Jeff Kichaven: What Are Your Thoughts About the Alternatives to Court-Based Adjudicatory Processes?
Q&A from the Audience
7. Final Keynote Address: Closing Address of William T. Robinson III
APPENDIX: Conference Agenda.
Summary
Acknowledgments
1. Introduction and Introductory Remarks: Opening of the Conference
Introductory Remarks by Michael Greenberg
2. Financing, Governance, and the "State" of State Courts
How Do Court System Funding Mechanisms Vary Across States, and How Have the Mechanisms Changed Due to the 2008 Financial Crisis?
What Is the Governance Structure of the Courts in Minnesota? Did This Help to Make the Courts More Resilient to Economic Conditions? And How Does the Minnesota System Compare with Governance Elsewhere?
When Courts Face Budget Cuts, How Do They Implement These in Operations, and What Are the Risks of Nonrestoration in the Long Term?
What Are the Likely Long-Term Effects of Recent Rounds of Budget Cuts on State Courts?
3. Constitutional Dimensions to the Funding of State Courts: When and How Are Constitutional Principles Implicated in the Funding of State Courts?
Has the Basic Funding and Constitutional Challenge to State Courts Changed in Recent Years?
Is There a Basic Conflict of Interest in Judges Deciding the Constitutional Question of Whether Resourcing to State Courts Is Adequate?
Do Courts Risk Being Delegitimized When Challenging the Constitutionality of Budget Cuts Imposed by Other Branches of State Government?
What Role Can Empirical Data and Research Play in Constitutional Conversations About Courts and Their Funding?
Might the Impact of Budget Cuts on Personal Injury Cases in California Create a Fundamental Due Process and Equal Protection Problem?
Should State Courts Respond to a Fundamentally Inadequate Budget by Simply Shutting Down Altogether for Part of the Year?
4. Keynote Address: Tani G. Cantil-Sakauye, Chief Justice of California: Can You Provide an Overview of the Structure of the Judiciary in California?
Can You Describe the Transition from Local to State Funding of the Judiciary?
What Role Can Research and Data Play in Informing the Public About Court Budgetary Issues?
What Is the Future of the Judicial Branch in California?
Is There a Role for Anecdotal Evidence in Advocating for Increased Funding for the Judiciary?
Is Progress Being Made on an Online Docket in California?
Is the Criticism Levied Against the Judicial Council Valid?
Can You Discuss the Trends in Case Filings?
What Is Your Vision for Stable Funding of the Judiciary?
How Can the Legal Profession Help the Judiciary?
5. Empirical Research on Resourcing to State Courts: Thomas Clarke, Speaking on Empirical Work for the National Center for State Courts Regarding State Court System Resourcing
Ingrid Eagly, Speaking on Her Empirical Study of the Impact of Remote Adjudication Technology on Immigration Court Proceedings
Geoffrey McGovern, Speaking on His Empirical Research on Court System Resourcing for the RAND Institute for Civil Justice
Herbert Kritzer, Sharing Some Reflections About Empirical Research on Courts
Q&A from the Audience
6. Access to Justice and Business-to-Business Litigation: Question from Moderator to Craig Holden: In Your View, How Has the Business Community in California Been Affected by the Funding Crisis That the Courts Are Facing?
Question from Moderator to Rebecca Sandefur: Based on Your Research, How Has the Financial Crisis Affected the Cases Being Brought in the Courts?
Question from Moderator to Jeff Kichaven: What Are Your Thoughts About the Alternatives to Court-Based Adjudicatory Processes?
Q&A from the Audience
7. Final Keynote Address: Closing Address of William T. Robinson III
APPENDIX: Conference Agenda.
Summary
In the years following the 2008 financial crisis, media accounts of state courthouse closures, judicial vacancies, and reductions in court services have become widespread. Continuing fiscal pressure on the states has led to corresponding pressure for court system retrenchment. Less clear is whether the adaptation of the courts to the new fiscal environment has led to more sustainable funding and operating models for state court systems. A series of related policy questions follows: How confident are we that state courts can continue to operate during periods of severe economic disruption? Did the adjustment of the courts to post-2008 fiscal conditions result in any basic change to access to justice or to the nature and quality of the services provided by the courts? And for the future, how can we ensure that state courts will retain their fundamental identity and purpose and continue to be available when we need them most? On January 12, 2015, the UCLA--RAND Center for Law and Public Policy held a conference in Santa Monica, California, to address these questions. Panelists at the event sought to examine the depth of the resourcing problem for state courts, discuss impact and collateral implications, and identify policy options and practical steps that could be taken to mitigate the challenges. Invited participants included judges, state court administrators, prominent members of the bar, and legal scholars. This report summarizes the panel discussions and major points made by the participants, as well as their responses during question-and-answer sessions with the conference audience"--Publisher's description.
Note
"May 26, 2017"--Table of contents page.
Bibliography, etc. Note
Includes bibliographical references.
Source of Description
Online resource; title from PDF title page (RAND, viewed June 12, 2017).
Location
WWW
Available in Other Form
Print version: Discount Justice. Rand Corp 2017
Linked Resources
Language
English
ISBN
9780833097835 (pdf)
0833097830 (pdf)
0833097830 (pdf)
Record Appears in