The legislation proposed by the Speaker of the House of Representatives
retains the office of probation in the judicial branch and creates an office of
a non-judicial professional Court Administrator within the Trial Court.
This legislation is designed to bolster progressive management efforts already
underway in the court system.
Under the steady leadership of Chief Justice for Administration &
Management Robert A. Mulligan since 2003, the Chief Justices of the Trial Court
Departments have implemented many initiatives recommended by the Monan
Committee, including the use of case management metrics, time standards in all
court departments, staffing models, and major technology improvements, to name
just a few. Their work in implementing these management tools has achieved
remarkable results and has resulted in significant management improvements in
court operations over the past eight years. The proposed legislation will offer
ways to build on this work and enhance the effectiveness of the Trial Court’s
management system. I commend Speaker DeLeo for his interest in helping the
courts move forward with a modern management structure to better support
judicial operations and promote accountability to the public.
I am pleased that Speaker DeLeo’s proposed legislation retains the probation
service within the judicial branch and incorporates recommendations made by the
Task Force on Hiring in the Judicial Branch appointed by the Supreme Judicial
Court and led by Scott Harshbarger. The Probation Department has a long,
successful history of service within the court system as probation officers play
a vital public safety role in the community. Judges rely on them for their
work in helping to reduce recidivism of offenders and for their broad knowledge
of social service providers to help offenders rehabilitate. The legislation
creates an Advisory Board to assist the Commissioner of Probation and the Court
Administrator with the management of the probation service. It also creates a
working group to ensure that probation and parole functions work in coordination
when appropriate.
With respect to management structure, the principal areas of responsibility
of the Chief Justice of the Trial Court and the Court Administrator are spelled
out in the legislation. The Chief Justice of the Trial Court is the policy
and judicial leader of the Trial Court and will concentrate on the judicial
components of the office with authority to appoint the Chief Justices of the
Trial Court Departments and to develop and oversee policies to guide judges and
employees in the discharge of their duties. The Court Administrator, who will
have significant leadership experience in the fields of management and finance,
will focus on the administrative functions of the Trial Court. The Chief Justice
and the Court Administrator will consult and collaborate in their work to
improve the overall administration of the courts.
Court reorganization studies in past years, including the 1991 statewide bar
association review conducted by Harbridge House management consultants, the
Court’s 2003 Monan Report, and more recent Court Management Advisory Board
reports, have recommended that the Massachusetts Trial Court employ an
experienced, professionally trained court manager to oversee the non-judicial
components of court operations. The establishment of this top
administrative position is a positive next step in the court system’s continuing
efforts to improve its management functions. Working with the Chief
Justice of the Trial Court, the Court Administrator will help to ensure that the
courts use modern and efficient management practices to support our trial judges
and staff in the challenging work they do. This will benefit the people
who rely on the proper functioning of our court system everyday.
On
behalf of the Supreme Judicial Court, I support the Speaker’s proposed
court management reform legislation. I also applaud the
collaborative way in which he sought, received, and considered recommendations
from the Court’s working group on management reform, and look forward to working
with him on future court management initiatives to improve the administration of
justice.