The Improvement of the Administration of Justice (7th Edition, 2001)
By Edward J. Schoenbaum, Administrative Law Judge, Illinois Department of Employment Security, Springfield, IL
his book could also have been titled "Everything You Always Wanted to Know About the Courts" or "Courts and the Administration of Justice for Dummies." This 7th edition has just come out and contains 498 pages of the most useful and wide ranging information available to judges, lawyers, court administrators, the media, and others interested in our courts. The 39 well written chapters summarize all aspects of the courts and the various improvements in the administration of justice that have evolved since the 6th edition was published in 1981
The genesis of this book goes back to the 1938 Report of the Section of Judicial Administration to the ABA House of Delegates. That report contained a collection of committee papers that served as a "comprehensive and practical program for the reform of the procedure of our courts." The co-editors write in the preface, "Looking back on this report is like discovering your ancestors for the first time: you have a general idea where everyone came from, but so much has happened over the intervening years that it is difficult to trace the origins of a specific family." That first report focused on the seven major areas: judicial administration, pretrial procedure, trial practice, trial by jury and the selection of jurors, evidence, appellate practice, and administrative agencies.
Later decennial reports were published by the Section and later Division of Judicial Administration (now Judicial Division) and bore the promising title "The Improvement of the Administration of Justice." The past twenty years have seen remarkable challenges to the courts and these chapters are great abstracts that lead to a better understanding of all aspects of judicial administration.
This is a project of the Lawyers Conference of the Judicial Division under their Handbook Committee which worked on this edition since1998 through 2001 when most of the chapters were submitted. In addition to Lawyer’s Conference leadership of past conference chairs Ryan E. Tibbitts, Mary Campbell McQueen, Marla Greenstein, Frances Bremson, and Richard N. Bien, Judges Louraine C. Arkfeld; Charles Clevert; Donald D. Haley; Edward J. Schoenbaum; and James Scott Sledge chairs from four of the judges conference also served on the committee to ensure coverage of all important topics. Other key Lawyers Conference members on the committee include: James J. Alfini, and the two editors Gordon M. Griller and E.Keith Stott. John Fallahay assisted in the final editing phases.
The authors are a "Who’s Who" of those who have made and are making things happen in improving our courts. They are: Louraine C. Arkfeld, Mark W. Armstrong, Marvin E. Aspen, Carl Baar, Holly Bakke, Duane Benton, Greg Berman, J. W. Brown, Christopher F. Carlton, Paul D. Carrington, John Clark, Caroline S. Cooper, Ronald P. Corbett, Jr., Debra L. Dailey, B. Michael Dann, Derek Denckla, John M. Doktor, Mary Frances Edwards, Chuck A. Ericksen, Rebecca J. Fanning, John Feinblatt, Ernest C. Friesen, Richard Fruin, Charles Gardner Geyh, Cynthia Gray, John M. Greacen, John Greco, Marla N. Greenstein, Gordon M. Griller, Dan Hall, Sophia H. Hall, Paula L. Hannaford, Roger A. Hanson, D. Alan Henry, Jane Howell, John K. Hudzik, Suzanne H. James, John N. Kirkendall, Joel F. Knutson, Mary Campbell McQueen, John A. Martin, Bruce E. Meyerson, G. Thomas Munsterman, Robert D. Myers, Richard J. Pagoria, Marcus W. Reinkensmeyer, Frederic B. Rodgers, David B. Rottman, Edward J. Schoenbaum, Freda F. Solomon, Maureen M. Solomon, Douglas K. Somerlot, John A. Stookey, John J. Sweeney, Bill Thompson, Brenda J. Wagenknecht- Ivey, Russell Wheeler, Penny J. White, and Ronnie A. Yoder. Each of them write on the area of their greatest expertise.
The book covers the following topics: "The Role of the Courts..."; "...Ensuring Access to Prompt and Affordable Justice."; "Court Leaders: Survivors or Agents of Change"; "...Understanding the Entities and Interrelationships that Make Federal Courts Work"; "The Role of the State Court Administrator..."; "Recent Developments Contributing to Improved Appellate Justice"; "Trial Court Leadership:..."; "The Promise of Court Technology..."; "Reconsidering the Structure and Organization of American Courts..."; "Building Public Trust and Confidence through Effective Caseflow Management"; "Acquiring and Managing Court Budgets"; "Administrative, Structural, and Procedural Reforms of the American Jury..."; "Human Resources Issues Confronting Court Systems"; "The Elastic Nature of Judicial Independence and Judicial Accountability"; "Promoting Lawyer Professionalism and Civility..."; "The Continuing Expansion of Judicial Education"; "Judicial Selection in the States"; How Judicial Conduct Commissions Work"; "Improving the Judiciary through Performance Evaluations"; "Civil Justice . . . So Many States, So Many Reforms"; "The Administration of Criminal Law and Criminal Justice..."; "Reviewing Civil Discovery and Pretrial Procedure: The Need for Active Judicial Management"; "The Continuing Evolution of the Federal Rules of Evidence"; "Into the 21st Century: Administrative Adjudication . . ."; ". . . Not So Modest Proposals for Reforming the U.S. Bankruptcy System"; "Alternative Dispute Resolution. . ."; "Examining New Paradigms . . . Complexities of Family and Juvenile Courts"; ". . . Limited Jurisdiction Courts: What Are They, and What Must They Do to Improve"; ". . .Ineffective Pretrial Services and Jail Crowding"; "Making Probation Work. . ."; ". . . Confronting Mental Illness in Court"; "Rational Decision Making through Sentencing Guidelines. . ."; ". . . Judicial Outreach Comes of Age"; "Litigants without Lawyers. . ."; "Media Relations and the Judiciary"; ""Judicial Innovation at the Crossroads: The Future of Problem-Solving Courts"; "Therapeutic Justice: Defining a Controversial Yet Transformative Concept"; ". . . Critical Trends Shaping the Courts in the Next Decade"; "Virtual Civil Litigation: A Visit to John Bunyan’s Celestial City."
As you can see from the abbreviated table of contents, there is something for everyone. This is a must read on what is happening to improve our courts. Available through the Judicial Division for members at the discounted rate of only $39.95 non-Judicial Members is $49.95. ABA/Judicial Division; 541 N.. Fairbanks Court, 13th Floor; Chicago, IL 60611, 312 814- 5689.