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Purposes
and Responsibilities of Courts
Courts
as Institutions
Curriculum
Guideline Two
Impartiality
and independence demand courts that are separate from the executive and
the legislative branches. But
court purposes reflect a rich historical legacy that dictates both
distinctive boundaries and interdependency.
Competent court leaders understand separation of powers, judicial
independence, and the inherent power of the court. Alternative organizational arrangements to maintain the
courts boundaries and to permit their effective management are likewise
known. Direction provided by the Trial Court Performance Standards
guides day to day court management.
Knowledge,
Skills and Abilities
-
Knowledge
of the Trial Court Performance Standards, their values, and
underlying principles: 1) Access to Justice; 2) Expedition and
Timeliness; 3) Equality, Fairness, and Integrity; 4) Independence and
Accountability; and 5) Public Trust and Confidence;
-
Knowledge
of the founders’ theory, the Federalist papers, the
Declaration of Independence, the U.S. Constitution and the Bill of
Rights, separation of powers, judicial independence, and the
parameters and constraints of the inherent powers of the courts;
-
Knowledge
of Roscoe Pound’s 1906 ABA speech, “The Causes of Popular
Dissatisfaction with the Administration of Justice” and its profound
implications for understanding courts as institutions and everyday
judicial administration;
-
Knowledge
of historical changes in the roles of state and federal supreme
courts, intermediate courts of appeal, and trial courts;
-
Knowledge
of alternative governance structures for courts, including chief
judges, judge committees, and joint public, executive, and legislative
branch committees;
-
Knowledge
of alternative structures for organizing courts, cases, and calendars;
-
Knowledge
of various judicial selection methods and their theoretic and
practical impact on the courts and their accountability;
-
Knowledge
of the jury system and other public participation and presence in the
courts;
-
Knowledge
of therapeutic and restorative justice, current alternative approaches
such as problem solving courts and alternative dispute resolution for
civil and family cases, and their relationship to court purposes;
-
Ability
to translate the values inherent to the Declaration of Independence,
the Founders Theory, the U.S. Constitution, and the Bill of Rights
into everyday practice.
View
the Summary of
Purposes and Responsibilities of Courts Curriculum Guidelines or click on each of the
other four Curriculum Guidelines to see the
associated Knowledge, Skills and Abilities:
Why
Courts Exist
Courts
as Institutions
Rule
of Law, Equal Protection and Due Process
Accountability Interdependence
and Leadership
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