Leadership and Decision Making Models In the Judiciary William E. Raftery KIS Analyst Williamsburg, VA

Overview Introduction Leadership of what? Leadership how? Real life examples

Leadership of what? Of runners and bears Define the scope Sphere of authority vs. sphere of acceptance vs. sphere of acquiescence

Leadership of what? Courts –particular facility or organizational unit inside branch Judicial systems –focus on the component parts outside branch Judiciaries –focus on the activity of justice as a whole

Leadership of what? Example: Chief Justice of a state –court leader –judicial leader –leader of a judiciary A clerk of court/trial court administrator

Leadership of what? Formal vs. informal Weber: legal/rational vs. culture vs. charismatic Icebergs

Leadership of what? Judiciaries as Loosely Coupled Organizations Individuals and groups retain a high level of individual autonomy –Governance: The Final Frontier (McQueen) –Herding Lions (Mundell and Jefferson)

Leadership of what? Principles Of Judicial Administration (Willoughby, 1929) –Prevention –Enforcement –Judicial Organization –Judicial Personnel –Procedure –Legal Aid

Leadership of what? Trial Courts as Organizations (B. Ostrom, C. Ostrom, Hanson and Kleiman) Culture Solidarity & Sociability

Leadership how? Collegial Consultative Cooperative Command Collaborative Charismatic Creative

Leadership how? Collegial –Governing by Committee –Consensus, not Majorities –Working Groups –Conferences/Councils

Leadership how? Consultative –Mill: “in the multitude of counselors there is wisdom” –Advisors to the king –Limiting of alternatives –Where the advisors are the implementers

Leadership how? Cooperative –Majority rules, minority goes along –Best-for-the-most

Leadership how? Command –Mill: “Responsibility is null, when no one knows who is responsible.” –Not necessarily negative –Single voice, definitive

Leadership how? Collaborative –“Good offices” –Gatherings

Leadership how? Charismatic –Vision of the individual –Weber: “supernatural, superhuman” –Person/personality

Leadership how? Creative –Brain trusts/”organizing genius” –Creates new options (vs. limiting old ones)

Real life examples States/localities Legislation (Gavel to Gavel) Explore forms

Court Security State #1 HB 1015 & SB 155: $2 fee for court security House: give money to Supreme Court Committee on Court Security Senate: give money to County Commission

Court Security State #1 Formal: Judiciary vs. judicial vs. court? Informal: What method of leadership?

Court Security State #2 The sheriff shall have charge of the courthouse…He shall preserve the said courthouse…from trespasses and intruders

Court Security State #2 Formal: Judicial (sheriff is not part of court) Formal: Command Informal: leadership methods?

Court Security State #3 The sheriff shall develop and implement a comprehensive plan for the security of the county courthouse and any courthouse annex…The chief judge may make modifications to the original or any subsequent security plan.

Court Security State #3 Formal: Judicial (sheriff and court) Formal: Sheriff is advisory Informal: leadership methods?

Court Security State #4 Law: court security committee in every county: prosecutor, clerk, judge, sheriff, county exec Law: State judicial conference sets minimum standards