Search results

The purpose of this study is to identify and develop an understanding of various success factors in implementing an efficient court management system by the court managers employed at the trial courts and high courts in India. Court management implies using a professional approach using managerial tools and techniques in managing courts.

This study is based on a case study with two Indian states demonstrating efficiency in judicial operation with the adoption of court management techniques. Semi-structured interviews with the court registry, court managers, document studies, court visits, along with observation are the main data sources.

It was observed that managerial practices of job autonomy, regular feedback, clear job expectations and support from the supervisor/reporting officer act as critical success factors for court management efficiency.

This paper adds empirical insight from the Indian viewpoint on existing literature concerning management of courts.

The purpose of this paper is to share the experience of Centre for Management Studies, NALSAR University of Law in developing the new MBA programme in Court Administration and Management.

This paper describes the urgent need of skilled managers for court management and administration in an Indian context. The identification of the gap in skilled manpower and the availability of a structured learning platform at a master’s level is also discussed in the paper. In addition, the detailed process that the university adopted in developing the programme objectives, structure and curriculum is also explained.

Educational innovations are rare. This programme is one-of-its-kind in India. NALSAR University of Law introduced this programme after a rigorous screening and evaluation process. This paper highlights the importance of proper planning and execution in introducing innovative programmes. The paper also highlights the acceptance that the programme received from all stakeholders due to its relevance and diligent planning.

This paper makes an attempt to provide the detailed workflow that any university should undertake prior to launching any programme. The importance of identifying relevant stakeholders, the process of developing a programme, curating and conducting the process for best outcomes, with an emphasis on the contribution that a university can make is discussed in detail.

MBA in Court Administration and Management offered by NALSAR University of Law is unique as similar programmes are not offered by any other university in India. Thus, this paper is a novel contribution in highlighting the development and launch of the programme in Asia.

The purpose of this study is to assess whether the implementation of the electronic Court Records Management System (CRMS) at the Gaborone Magisterial District, Botswana, brought improvements in the delivery of justice as expected in the management of case file records.

Principally, a quantitative approach utilizing a research survey design, supplemented by a qualitative approach was used in this study.

The CRMS implementation led to improvements in case file management at the Gaborone Magisterial District; case files were successfully captured into the system; retrieval of case files became easier; and incidents of lost and misplaced case files went down significantly. Challenges included shortcomings related to the security of digital case files, digital records preservation and disposition, records appraisal, training, inadequate bandwidth and shortage of computers, as well as inadequate archives and records management standards and guidelines.

The findings of the study are limited to the case study and cannot be generalized to other organizations.

The findings should aid future implementation of court records management systems in the judiciary specifically and the public sector in general in Africa. Lessons learnt can enable the avoidance of pitfalls experienced in the implementation of CRMS by other courts.

This paper provides empirical evidence from an original study.

The marriage between information and communication technology (ICT) and law has brought forward a significant change in the administration of justice. This paper aims to present the scenario of technology adoption in the court of law with special reference to Malaysia. It also aims to illustrate the intelligent use of technology to advance the pace of the administration of court reflected in w‐Shariah project in Shariah Court systems in Malaysia through various electronic applications, and finally propose an ICT adoption framework based on an information systems (IS) theory.

This research adopts a qualitative case study approach to explore the scenario of information technology (IT) adoption in the court of law in Malaysia through semi‐structured interviews, observation and document reviews. Data gathered provide an understanding of how technology is used in the court workflow as well as the whole life‐cycle management of records in Shariah Court. This case study covers the management of records in Shariah courts of Kuala Lumpur and Putrajaya. It involves personal observations on the whole life‐cycle of court room technology management.

Five e‐Shariah modules were applied in 110 Shariah courts in Malaysia in 102 locations nationwide, using the electronic government network called EG*Net. E‐Shariah applications managed to standardize work environment in Shariah courts and link all the business processes on a single channel. Case clearance rate has risen significantly since then.

This research is limited to the electronic applications in Shariah Court system, the secondary legal system in Malaysia after the Civil Court system. It is suggested that the future research is done to the Civil Court system, to complement the current research; in order to have a complete IS perspective on the overall legal system in Malaysia.

This paper proposed a technology adoption framework for electronic court management, which can be used by the policy makers for the enhancement of justice system. This research provides a foundation for practical technology adoption in courts.

This paper demonstrates how ICT allow for better management of court management within institutionalization theory. It presents various kind of technology adoption in courts, including video conferencing with high‐tech video presenters and monitors, recreation of crime scene, electronic filing system, electronic case management and electronic court records management and systematic information storage and retrieval system. It discusses the three isomorphic pressures (coercive, normative and mimetic) that influence the technology adoption process. A research framework is presented which is expected to benefit the policy makers and judicial practitioners.

The purpose of this paper is to discuss issues pertaining to the management of court records in Botswana.

The paper shows the use of questionnaires, structured and unstructured interviews with the High Court administrators and records keepers as well as personal observations on how records are managed, inspection of storage facilities and observations on records retrieval procedures.

Concludes that in the past the management of legal records at the High Court received little attentions, but now the High Court has embarked on measures including the introduction of an automated court record system to manage its records.

The paper shows that the effective management of legal records is of crucial to the administration of justice and that there is a need to pay closer attention to the management of court records.

This paper brings together issues related to the management of court records at the High Court in Botswana.

The purpose of this study is to investigate the cases of “delayed and denied” justice that resulted from a lack of or poor record-keeping in the South African courts and police service with a view to encouraging proper records management. Proper records management plays a significant role in supporting the justice system. Records provide the critical evidence that a particular action or transaction took place and can be used as evidence in a court of law. Without reliable and authentic records, government cannot administer justice and, as a result, offenders can be set free while the victims are denied justice.

Utilising content analysis, this study extracted print media articles (2000-2012) relating to the “records and justice system” from the South African Media database, which is one of the databases hosted by the South African Bibliographic and Information Network. The study selected cases reported in the media to conduct follow-up interviews with a policeman, lawyer and judge to discover the implications of the unavailability of required records in court cases. Furthermore, access was given to three selected cases that were given high profile in the media and these cases were analysed to find out what the final verdict in each case was.

Results of the study suggest that some criminal cases were withdrawn due to missing dockets or cases not properly registered. In some instances, records were reconstructed, resulting in the travesty of justice. The study concludes by arguing that if records are not accounted for, lawyers, prosecutors and magistrates could dispute the authenticity of records. As a result, justice for victims would be delayed and ultimately denied while the perpetrators are freed.

The findings and recommendations of this study may go a long way in helping courts in South Africa to manage records properly to support the justice system. Furthermore, the study is a useful compilation of the importance of missing records for social purposes.

In an attempt to show the role of records management in the administration of justice in South Africa, this study used a triangulation of data collection tools. This is a new attempt, especially in the South African context. Previous studies in southern Africa only looked at the management of records in supporting justice system.

From 2009 to 2011, the International Records Management Trust conducted a research project called Aligning Records Management with ICT/E‐government and Freedom of Information in East Africa, with funding from the International Development Research Centre. The research was concerned with the integration of records management components into ICT/e‐government and freedom of information initiatives, which are priorities for the governments in East Africa. This paper aims to discuss these issues.

The research focused on the governments of the member states of the East African Community; Kenya, Uganda, Tanzania, Rwanda and Burundi. In each of these countries, research teams examined the level of records management functionality in new or planned court case management systems, where possible.

The findings demonstrated how the lack of a national regulatory framework for records management, at the highest level, could affect the design and implementation of systems, at the lowest, technical level.

This paper draws together the case studies prepared by the author from data collected by the national research teams, to provide an overview of the issues encountered in Kenya, Uganda and Tanzania, which were the member states of the original East African Community, and demonstrate the correlation between ICT and records policy integration and court case management system functionality.

This paper seeks to investigate the work performed by French Cour des comptes magistrates as part of performance audits. The research objective is to understand who the magistrates are, what they do, how they do what they do, how they perceive their role, what authority they feel they can claim, and how, through performance audits, they try to influence the way the organisations they visit are run.

In addition to 35 interviews conducted with Court magistrates (based on a semi-structured interview questionnaire) and non-participant observation, public documentation was analysed. To understand how magistrates perform their tasks at the Court, basic theories on influence processes and theories on decision making developed by Herbert A. Simon were applied.

After exploring the universe in which magistrates of the French Cour des comptes operate, it appears that their undertaking of performance audits has engendered a host of competing visions: the transition to modernity has to occur. The Court presents itself officially as a supreme audit institution but it acts as a grand corps de l ' État (senior branch of the Civil Service). Magistrates come to the Court of their own accord and make every effort to avoid being viewed as control professionals. The Court openly positions itself as a “judge of management”, wishing to impose its jurisdictional authority on activities that are essentially professional in character. A migration from traditional roles is observed: the role of the Court as a critic of the Administration has been sidelined. In addition, the magistrates claim to be judges when they are in the ambit of the Court, but shed this role for that of “catalysts of change” when they interact with representatives of the organisations audited.

The research is based on a detailed analysis of a specific context. This may limit the wider applicability of the findings. However, the data gathered from the French experience could be useful for other supreme audit institutions (SAIs) whose status is equivalent to that of the Court, or whose mandate has expanded in the past decade.

This study lifts the veil on the performance audit practice at one of the numerous supreme audit institutions. In addition, the French context has received scant attention from researchers.

That on accountability in public organizations is quite an old debate. Its introduction in judicial systems is, however, still viewed with some suspicion, due to its potential trade-off with independence and impartiality. Nevertheless, the need to respond to the demands for greater transparency and accountability has also pushed judicial organizations to establish a dialogue with a wide range of subjects. This study aims to explore the understanding and the current practices of sustainability reporting currently in place in judicial systems.

The study adopts a comparative approach, conducting an online survey in two European countries (Italy and Poland). The survey was built around the research questions and literature and administered between February and March 2020. Specifically, 804 courts were involved, of which 430 are in Italy and 374 in Poland.

Findings show that the current practices are still not widespread and there is still a lack of understanding of what sustainability reporting is, and therefore, of what its potential usefulness within the courts could be. Moreover, many differences between the two countries are pointed out, so it is possible to assume that the different cultural and institutional settings influence sustainability reporting practices. Finally, some interesting implications for policymakers are provided.

Judicial organizations are still poorly investigated in the literature, despite being at the center of a wide public and political debate. Moreover, the international comparative perspective adopted constitutes a further aspect of novelty.

The purpose of this paper is to develop an assessment guide based on the European Foundation for Quality Management (EFQM) model criteria. Courts have been under pressure to become more accountable and responsive organisations. In this context, self-assessment models that drive attention to the way resources are being used and to the results that are being achieved, incorporating the views of different stakeholders, are of particular interest.

A case study approach was used. The meaning of the quality principles that underline the EFQM model was discussed with the court administrator, judges, prosecutors and justice officers. Those perspectives were taken into account when translating the criteria and criterion parts of the EFQM model. The assessment guide was validated by an experts’ panel.

The EFQM model captures the essential features of a court even if the courts terminology and governance models challenge the translation of some criteria. The resulting guide includes a description of the various criteria and criterion parts and the identification of key focus areas, while giving some illustrative examples of initiatives and indicators that could be looked at under each model dimension.

The assessment guide can be used to undertake self-assessment exercises in different courts.

There is a lack of studies on the measurement of courts’ performance apart from the publication of simple lists of process indicators. The assessment guide developed in this study is perhaps one of the most comprehensive resources for assessing the quality of a court.