Court Governance Management Reading Guide

vu.edu.au
Victoria University CRICOS Provider No. 00124K (Melbourne), 02475D (Sydney), RTO Code 3113
Unit Name: Court Governance and Management
Unit Code: LCM 6001
Year 2016
Semester 1
Location City Queen Campus
Prepared by: Tin Bunjevac
COLLEGE OF LAW
AND JUSTICE
Reading Guide

Name of unit study guide Page | 2
Contents
1. Day 1 : The independence imperative - an examination of COURT GOVERNANCE....................................3
2. Day 2: Evaluating COURT PERFORMANCE ................................................................................................5
3. Day 3: LEADERSHIP & MANAGEMENT in the unique context of courts......................................................8
4. Day 4: The core business of the courts – MANAGING CASES and their FLOW..........................................9

1. Day 1 : The independence imperative - an examination of COURT GOVERNANCE
This module outlines the basic structural and operational relationships between the legislative, executive and
judicial branches of government in the provision of court services. Students will gain fundamental knowledge about
the internal corporate governance systems in courts and those of other large public entities and corporations. The
module considers the concept of ‘corporatisation’ of the judiciary and examines the tension between the principles
of judicial independence and corporate accountability of courts as public organisations.
Alford, J. et al, The Governance of Australia's Courts: A Managerial Perspective
(Australian Institute of Judicial Administration, 2004)
• Issue: Overview of court governance issues relevant to court finances, staff and
infrastructure
• Court finances (Ch 4, pp 37-52)
• Court staff and infrastructure (Ch 5, pp 53-68)

ASX Corporate Governance Council, Asx Corporate Governance Principles and
Recommendations (ASX, 3rd ed, 2014)
• Issue: Corporatisation of the judiciary, some comparisons with private sector
• Internal governance standards for companies listed on ASX
http://www.asx.com.au/documents/asx-compliance/cgc-principles-and-
recommendations-3rd-edn.pdf

Bunjevac, Tin, 'Court Governance in Context: Beyond Independence' (2011) 4(1)
International Journal for Court Administration 35
• Issue: Australian and international models of court governance
• Contemporary challenges impacting the work of the courts
• Governance structures: judicial and non-judicial officers
• The emergence of Judicial Councils and their role in court governance
• Integrated management in courts: the Netherlands and the federal courts
• Improving the quality of the administration of justice
http://www.iaca.ws/files/12-2011-CourtGovernanceInContext-Bunjevac.pdf

Bunjevac, Tin, 'Court Governance: The Challenge of Change' (2011) 20 Journal of
Judicial Administration 201
• Issue: court governance in the context of underlying challenges facing the
courts
• Impetus for organisational change in Victoria
• Current framework of internal administrative organisation
• International developments in public administration theory and practice
• International developments in court administration management
• Composition and tasks of independent judicial councils
http://1drv.ms/1Svo0Ys

Gee, Graham et al, The Politics of Judicial Independence in the Uk's Changing
Constitution (Cambridge University Press, 2015) (Chapter 2)

• Issue: Judicial independence and accountability
• Corporatisation of the judiciary
• Changes in the relationship between the executive and the judiciary

Judicial Administration Rules (California), Title 10
• Issue: corporatisation of the judiciary
• Detailed rules of judicial council administration
<http://www.courts.ca.gov/documents/title_10.pdf>

Judiciary (Organisation) Act 1827 (Netherlands)
• Issue: corporatisation of the judiciary
• Articles 15-24 relating to the composition, functions and powers of the courts’
management boards.
<https://www.rechtspraak.nl/SiteCollectionDocuments/Wet-op-de-Rechterlijke-
Organisatie_EN.pdf>

McGarvie, R, ‘The Foundations of Judicial Independence in a Modern Democracy'
(1991) 1 Journal of Judicial Administration 3
• Issue: foundations of judicial independence
• Traditional and contemporary foundations of judicial independence
• Internal system of judicial governance (pp 22-26)
• Control of Administration and Operation (pp 26-30)

National Centre for State Courts, Principles for Judicial Administration, Williamsburg, 2012
Issue:
• Foundational principles of judicial administration
• Principles 1, 3, 5-7
http://www.ncsc.org/~/media/Files/PDF/Information%20and%20Resources/Budget%20Resource
%20Center/Judicial%20Administration%20Report%209-20-12.ashx
National Center for State Courts, Key Elements of an Effective Rule of Court on the Role
of the Presiding Judge in the Trial Courts (National Center for State Courts, 2006)
• Issue: emerging trend of the corporatisation of the judiciary
• Examples of transparent court regulations setting out the administrative
powers of the Presiding Judge and other court officials
http://www.ncsc.org/~/media/Images/Newsroom/Australia/Key_Elements_of_an_
Effective_Rule_of_Court.ashx

Superior Court of California Rules, Ch 1 and 2
• Issue: accountability and corporatisation of the judiciary
• Examples of internal court governance rules (Ch1) and case listing rules (Ch 2)
http://www.lacourt.org/courtrules/ui/index.aspx?ch=Chap1&tab=2

Day 1 - How are courts PUBLICLY ACCOUNTABLE?
Australian Productivity Commission, Report on Government Services 2015, Courts, Part 7.

http://www.pc.gov.au/research/ongoing/report-on-government-services/2015/justice/courts
Issue
• Accountability in the Australian context
• Transparency and tool for providing public information
• Key Performance Indicators
• Domestic comparison of performance
OPTIONAL READING
Contini, Francseco and Richard Mohr, 'Reconciling Independence and Accountability in
Judicial Systems' (2007) 3 Utrecht L. Rev. 26
http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1046&context=lawpapers
Issue:
• Judiciary Accountability Principles 15-17, 20
Spiegelman J, 'Measuring Court Performance Address' (Paper presented at the 24th AIJA Conference, Adelaide,
South Australia, 15-17 September 2006)
http://www.aija.org.au/ac06/Spigelman.pdf
2. Day 2: Evaluating COURT PERFORMANCE
This module examines the court environment in a broader sense, by taking into account not only the organizational
factors, but also those that are inherent in the local legal culture and procedure. We proceed to identify and
examine the most significant internal and external impediments to effective work organization in the courts. Upon
the completion of this module, students will gain a deep understanding of the interaction between court
governance, court management, case management and legal procedure. This discussion will be followed by an
overview of the strategies and systems that have been introduced in various jurisdictions in order to evaluate and
improve court performance and minimize instances of delay.
Bureau of Justice Statistics, 'State Court Organization' (US Department of Justice, 2004)
• Issue: Performance evaluation of the judiciary (Table 10; pp 53-55)
http://www.bjs.gov/content/pub/pdf/sco04.pdf#page=63

Cashman, Peter, 'Welcome and Introduction, Timeliness in the Justice System: Ideas
and Innovations' (Paper 5, 2014)
• Issue: legal and procedural impediments to effective work organisation
• Multitude of factors causing or influencing delay (pp 1-2; 15)
• The politics of civil procedure reform in Victoria (pp 10-13)
• Repeal of pre-action requirements from the Civil Procedure Act 2010 (Vic)
http://www.civiljustice.info/cgi/viewcontent.cgi?article=1004&context=timeliness


Flango, V.E., B.J. Ostrom and National Center for State Courts, Assessing the Need for
Judges and Court Support Staff (National Center for State Courts, 1996)
• Issue: An overview of weighted caseload management system (selected pages)
http://www.courtexcellence.com/~/media/Microsites/Files/ICCE/AssessingNeed.a
shx

Gething, Michael, 'Assessing the Work of a Court: Performance Indicators and Quality'
in Australian Courts : Serving Democracy and Its Publics (Australasian Institute of
Judicial Administration, 2013) 325
• Issue: Different systems for measuring organisational excellence: what is an
excellent court?
• Output-based models: ROGS and CourTools
• Management-based model: IFCE
• Blended Model: NCSC High Performance Court Framework
• An Australian CourTools?
• An Australian Leading Practice Framework?

Lamicie weighted caseload model, the Netherlands (2005)
• Issue: weighted caseload and resource planning system
• An extract from the Lamicie model shows output financing of courts that is
based on an objective workload measurement of activities of judges and court
staff

Landsell, Tony and O'Ryan, Stephen, 'Benchmarking and Productivity for the Judiciary'
(Paper presented at the AIJA Judicial Accountability Conference, Darwin, July 2000)
• Issue: Resource planning system
• An overview of the Family Court of Australia’s Resource Planning Model
http://www.familycourt.gov.au/wps/wcm/connect/c4a0f79d-be85-47bb-aac9-
5929a6707f03/oryan.pdf?MOD=AJPERES&CONVERT_TO=url&CACHEID=c4a0f7
9d-be85-47bb-aac9-5929a6707f03

Mack, Kathy, Anne Wallace and Roach Anleu et al, Judicial Workload: Time, Tasks and
Work Organisation (Australasian Institute of Judicial Administration Incorporated,
2012)
• Issue: current patterns and problems of work organisation in the courts
• Key longitudinal empirical study of court management in Australian courts
• Executive Summary (pp 1-8)
• Options for the future (pp 187-201)
[optional reading, resource available from the library]:
• Current processes and practices of work organisation (Ch 7, pp 95-114)
• Current issues in measuring workload (Ch 9, 159-172)
Work organisation in the criminal courts and implications for work organisation (Ch
4, pp 59-67)
• Intermediate courts and trials: implications for work organisation (Ch 5, pp 69-
79)

Marfording, A. and A. Eyland, Civil Litigation in New South Wales: Empirical and
Analytical Comparisons with Germany (University of NSW, 2010)
• Issue: Case management and legal procedure as causes of delay
• Delay data between Germany and NSW compared (pp 113-114)
• Identification of causes of delay (119-127)
• Case allocation systems (137-156)
• Administration of court files (164-166)
• Additional causes of delay: pleadings and pre-trial case management (pp 167-
192 and 258-273)
http://ssrn.com/abstract=1641554

Mohr, Richard and Francesco Contini, 'Judicial Evaluation in Context: Principles,
Practices and Promise in Nine European Countries' (2007) 1(2) European Journal of
Legal Studies 1
• Issue: Judicial performance evaluation
http://ro.uow.edu.au/cgi/viewcontent.cgi?article=1049&context=lawpapers

Issue:
• Principles 4, 6, 15.
http://www.ncsc.org/~/media/Files/PDF/Information%20and%20Resources/Budget%2
0Resource%20Center/Judicial%20Administration%20Report%209-20-12.ashx

National Center for State Courts, Courtools: Trial Court Performance Measures
(National Center for State Courts, 2005)
• Issue: Trial court performance measures
http://www.courtools.org/Trial-Court-Performance-Measures.aspx

Ostrom, B.J., R.A. Hanson and National Center for State Courts, Achieving High
Performance: A Framework for Courts (National Center for State Courts, 2010)
http://www.ncsc.org/~/media/Files/PDF/Services%20and%20Experts/CTF/Achieving_
HPC_April_2010.ashx

• Issue: growing importance of court structure and culture to effectiveness of
court management (Ch 3, pp 18-27)
• High Performance Court Framework centered on the administrative principles
of due process and its interaction with court structure and court culture

State Court Guide to Statistical Reporting (NCSC, 2003)
• codifies the universal definitions of case types and standardised counting
rules
http://www.courtstatistics.org/~/media/microsites/files/csp/data%20pdf/csp%20statisticsguide%20v1
%203.ashx

(optional)
3. Day 3: LEADERSHIP & MANAGEMENT in the unique context of courts.
Tasked with upholding principles that underpin stable democratic governance, court managers require
a particular repetoir of competencies to enable them to lead effectively in the niche operating
environment of courts. This module will systematically examine these competencies and discrete
themes in this space. Starting with an examination of courts as a public and professional bureaucratic
organisation, local and international court management approaches, principles, frameworks and tools
will be identified and compared. The closing topic of the module will scrutinize the transformation of
courts and their services in the era of eGovernment, providing students with relevant and
contemporary knowledge of court management.
National Association for Court Management, Core Court Competencies and Curriculum Guidelines,
https://nacmnet.org/CCCG/cccg_CoreCompetencies.html
Issue:
• Fundamental core competencies of court management and sub-elements
• Differentiation of generic management with uniqueness of court management
• Basis for international comparative approaches

Issue:
• Summary of 25 Principles with explanations
Malik, Waleed Haider, Judiciary-Led Reforms in Singapore : Framework, Strategies, and
Lessons (World Bank, 2007)
• Issue: strategic planning and corporatisation of the courts
• Reform strategies devised by the Singapore Courts
• Nine strategic reform plans implemented from 1992-2001

Supreme Court of Victoria, Courts' Strategic Directions Project (State of Victoria, 2004)
• Issues impacting on the operation of the courts (selected pages)

International Framework for Court Excellence http://www.courtexcellence.com and Court Excellence
Self-Assessment Questionnaire, http://www.courtexcellence.com
Issue:
• Management and quality assurance
• Demonstrative of contemporary tools
• Seamless integration of roles, purpose and values of courts into planning process

• Method to ensure organizational alignment

Soden, Warwick, 'The Application of International Court Excellence Framework within
the Federal Court of Australia with a Special Look at Strategic Planning to Achieve
Excellence' (Paper presented at the Asia-Pacific Courts Conference, Singapore, 4-6
October 2010)
• Issue: Strategic planning in the Federal Court
• The changing roles of court personnel and judges under the docket system
4. Day 4: The core business of the courts – MANAGING CASES and their FLOW.
A fundamental responsibility of court leaders is to ensure the court organisation is geared to support and monitor
the conduct of a fair trial in a reasonable time. This module distinguishes the approaches used by managers to
uphold this tenant by investigating case management and case flow management. As the module galvanizes
concepts of court performance management learnt in preceding topics, students will consider suits of methods and
tools to enable delay to be identified and to address backlogs in a systematic way.
Steelman, Goerdt, and McMillan, Caseflow Management: The Heart of Court Management in the New
Millennium, National Center for State Courts, 2000, Chapter 1-4, p 1-103.
http://ncsc.contentdm.oclc.org/cdm/ref/collection/ctadmin/id/1498
Issue:
• Centrality of caseflow management to court management in general
• Basic caseflow management methods
• Elements of successful programs

Australian Centre for Justice Innovation, Timeliness Report, Monash University, 2003,
http://www.monash.edu/__data/assets/pdf_file/0020/141653/timeliness-report-acji-monash-may13-
2014.pdf
Issue:
• Centrality of timeliness to fair justice and the right to a fair trial
• Theoretical framework for the assessment of timeliness in the Australian justice system
• Obligations of Australian courts and tribunals
• Key questions for discussion

Fabri Dr. M, Langbroek Dr. P, Delay in judicial proceedings : a preliminary inquiry into the relation
between the demands of the reasonable time requirements of article 6, 1 ECHR and their consequences
for judges and judicial administration in the civil, criminal and administrative justice chains, Working
party n° 2 of European Commission for the Efficiency of Justice (CEPEJ-GT2), Strasbourg, 2003,
https://wcd.coe.int/ViewDoc.jsp?id=1031009&Site=COE
Issue:
• Protection of right to fair trial through research into meaning a ‘reasonable time’ in European
context
• International court management comparative example of approaches to delay problems and

solutions
• Introduction to the European Commission for the Efficiency of Justice

Sage, Caroline et al, Case Management Reform : A Study of the Federal Court's
Individual Docket System (Law and Justice Foundation of NSW, 2002)
• Issue: Analysis of the Federal Court's individual docket system (pp 10-23)
• Changing roles of court personnel under the docket system (145; 152-158)
http://www.lawfoundation.net.au/ljf/site/templates/reports/$file/CaseManageme
ntReform.pdf

Solomon, M, 'Fundamental Issues in Caseflow Management' in S Hays (ed), Handbook
of Court Administration and Management (Taylor & Francis, 1992) 369
• Issue: Overview of key principles of caseflow management and delay reduction
• Elements of effective caseflow management
• Differentiated case management

Van Duizend, Richard, David C. Steelman and Lee Suskin, Model Time Standards for
State Trial Courts (National Center for State Courts, 2011)
• Model time standards adopted by many USA trial courts.
http://ncsc.contentdm.oclc.org/cdm/ref/collection/ctadmin/id/1836

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