CLE Workshop: Building Effective Intergovernmental Relations

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CLE Workshop: Building Effective Intergovernmental Relations. Wednesday, June 11, 2014 Gatlinburg, Tennessee. Dr. Roger E. Hartley. Professor of Political Science and Public Affairs Director, Masters of Public Affairs Program in Asheville, NC. - PowerPoint PPT Presentation

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Working with the Other Branches to Ensure the Effective Administration of Justice

Wednesday, June 11, 2014Gatlinburg, Tennessee

CLE Workshop:Building Effective Intergovernmental RelationsTennessee Judges Conference, Gatlinburg, TNDr. Roger E. Hartley

Professor of Political Science and Public Affairs

Director, Masters of Public Affairs Program in Asheville, NCTennessee Judges Conference, Gatlinburg, TNRemarks today are based on research by Dr. Roger Hartley and his recently published articles in a New England Law Review symposium on Crisis in the Judiciary and a recent Symposium of the Arizona Law Review on Judicial Ethics

Roger E. Hartley. Moving Past CrisisPromoting Parity: How Effective Intergovernmental Relations can Build a More Co-Equal Judicial Branch. 47 New Eng. L. Rev. 541 (2013). Can be download at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2266524Roger E. Hartley. Its Called Lunch: Judicial Ethics and the Political and Legal Space for the Judiciary to Lobby. 56 Arizona Law Review (2014). Can be downloaded at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2435257

Dr. Hartleys other works on court budget politics and judicial administration can be accessed at: http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=372528

Tennessee Judges Conference, Gatlinburg, TNIntergovernmental Relations and the Courts: What do we know?For the court system to exist as a preserver of legal norms and as a separate branch of government, it must maintain its institutional integrity while observing mutual civility and respect in its government relations.Tennessee Judges Conference, Gatlinburg, TNPrinciples for Judicial Administration, NCSC, July 2012Conflicts impacting Courts are born of external relationships with stakeholders that may not fully understand the needs of courts, the role of courts, and the unintended impacts of policies that might impact courtCourts face unique intergovernmental relations constraintsConstraints necessitate attention to and improving intergovernmental relationsWe need more research and best practicesTennessee Judges Conference, Gatlinburg, TNCrises in the Courts; More Effective Political EffortEvery phase of the budget process is political

Strategic Planning of the BudgetRequests from Departments to Create the BudgetSubmissionLobby for Passage and ApprovalAllocation of FundsManagement of Funds

Requests for court reforms and approval are politicalBattling Court Curbing Legislation is political

Tennessee Judges Conference, Gatlinburg, TNWhy Must Courts Enter the Political Process?Past Efforts by American Bar Association2009 Summit on Justice is the Business of Government in CharlotteOthers

All highlighted Effective Intergov. Relations, Improved Budget politics, and Increased Awareness of the Role of the JudiciaryEfforts differ from state to state Little Research, More to Know, Need for Best PracticesTennessee Judges Conference, Gatlinburg, TNWeve Talked About this BeforeThe Unique and Not so Unique Constraints Courts face when LobbyingEthical Considerations?How do Courts Plan, Adopt, and Implement Intergovernmental Efforts?What Resources are devoted to these Efforts and what Strategies are used?What do Agencies and other Governments do that Courts do not?PAST RESEARCH? AND OUR DISCUSSION THIS WEEKTennessee Judges Conference, Gatlinburg, TNWhat Do We Need to Know?Judges are expected to be isolated and impartialThere are worries about appearing Too PoliticalConcerns about inviting attacks by other branchesTHUSCourts may Play it SafeBUTThe budget process and efforts to create political change are, by definition, politicalWithout effective and competitive political effort, courts may lose out

Tennessee Judges Conference, Gatlinburg, TNConstraints: An Intergovernmental ConundrumThe Conundrum Courts Too Conservative in the Process?State and Federal Rules Limiting Political ActionOther More Political Constraints:

Are Court Needs Politically Salient to Lawmakers?Lack of Political Capital to Offer LawmakersTenure of Court Leaders?Who are our Best Court Leaders?Tennessee Judges Conference, Gatlinburg, TNOther Constraints Courts Face in Lobbying EffortsLimited Research on Court Lobbying and Court Budget Politics

On Federal Efforts (Winkle and others)On Shifts from Local to State FundingLobby Strategy and TacticsOn Diversity of Funding Institutions Courts FaceJudicial Strategies: What Might Work? Not Work?

Tennessee Judges Conference, Gatlinburg, TNWhat Do We Know?Some preliminary findings from Interviews with Officials in New York and Washington Provide Clues and Reason for New Research

A Story of New York: Building Stable Institutions and Process

A Story of Washington: Surrogate LobbyingTennessee Judges Conference, Gatlinburg, TNPreliminary Findings: Washington and New YorkConstitutional Reform: Direct Submission of Budget to LegislatureReduce or End Restrictive Line ItemsSubmission of Well Justified Funding Requests With DataNegotiation: Dont Undersell NeedsR.E.S.P.E.C.T Is Earned; Created by Effective Political Work and Long Term Building of Trust

Tennessee Judges Conference, Gatlinburg, TNWhat Does All this Suggest?Appealing to Judicial Independence NOT EffectiveLawyer Legislators HelpsPersonal Contacts with LegislatorsInformal Lobbying of LegislatorsUse of the Chief Justice: Longer Tenure of Exec. JudgesDirect Lobbying by State Court AdministratorLobbying of Local Legislators by Local JuristsMobilizing Political Allies: Issue by IssueBuilding Strong; Stable Institutions within Courts for Intergovernmental Relations Work

Tennessee Judges Conference, Gatlinburg, TNBuilding Political Salience is Doing Politics BetterNot Much Systematic Research on this SubjectWe Need to Know What Courts Do and Dont DoWe Need to Know What is Effective from the Standpoint of Who is LobbiedWe Need to Know More About Resources, Tactics, and Process Used by Court OfficialsWe Need to Re-Consider How Isolation Can Harm Court Salience, but Be Aware of Costs of Political ActionChallenge: Weve Planned BeforeHave We Implemented?Tennessee Judges Conference, Gatlinburg, TNMore Discussion; More Research; Best PracticesTennessee Judges Conference, Gatlinburg, TNTOPIC #1

The role of judicial leaders and state court administrators as the face of the judiciary to the legislative and executive branches.

Is there a best practice for how courts should build an internal staff, dedicate resources, and establish procedures for effective interactions with the other branches?

Have courts done a good job as serving as the face of the judiciary? How can court leaders improve? Do chief justices do a good job of staying in touch and communicating with the leadership of the other branches?

Tennessee Judges Conference, Gatlinburg, TN

Can leaders of the judiciary learn anything from the way in which state agencies interact with government leadership?

What are the ethical constraints that may limit the effectiveness of court leaders in their policy-related communications and lobbying with the other branches?Tennessee Judges Conference, Gatlinburg, TN

Tennessee Judges Conference, Gatlinburg, TNTOPIC #2

Recruitment of external entities, such as the business community or non-profits, to speak and advocate on behalf of the courts to the other branches.

How can court leaders know when they should recruit external support?

What are the important differences between recruiting outside help for budgetary versus non-budgetary issues?

What are examples of successful recruiting of external support and what are possible adverse consequences?Tennessee Judges Conference, Gatlinburg, TN

Can or should court leaders manage the lobbying efforts of court-related organizations, such as judicial conferences or associations, service providers and others?

Should court leaders contact the media to tell the story about what the courts do as a way to influence actions by the executive or legislative branches?Tennessee Judges Conference, Gatlinburg, TN

Where do we go from here?Tennessee Judges Conference, Gatlinburg, TNBranch Relations

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