Leadership and Decision Making
Models In the Judiciary
William E. RafteryKIS 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
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