The Sociology of Law
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
Entitling Judges to Evaluate Job Performance of the Assistant Officers of the Court
Toward the Realistic and Constructive Judicial Policy Debate
Nobuyoshi Asami
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1999 Volume 1999 Issue 51 Pages 108-114,292

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Abstract
Elite judges do have recognition of the ongoing social change and they have issued judicial policies reacting to it. One notable strategy is to strengthen functions of trial court system by increasing the number of court secretaries, rather than that of judges. The idea behind this policy is to activate the roles of the secretaries and organize their work and that of the judges as a 'team-work' to resolve cases more effectively and cooperatively. This policy has been repeatedly announced in the judiciary though not so well-known outside. And I regard this is a feasible way of responding to the increasing needs of the courts with the present capacity of the judicial system. It has produced a considerable result after all.
One serious problem of the policy, however, is the vagueness of legal entitlement of the judge as a leader in the 'team' to manage and control the secretary. To make sure success of the policy, it is necessary to clarify and secure this legal position. Entitling judges to evaluate job performance of the assistant officers, if introduced with considerations, may be one important route of this clarification along with others, resulting in multi-dimensional evaluation system.
This proposition reflects the recent trend of introducing merit system into public workers, leaving seniority rules behind. And giving each judge an entitlement of this kind may lead to their further administrative empowerment.
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© The Japanese Association of Sociology of Law
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