Who is a Court Executive Officer?
A court executive officer, or CEO, is typically referred to as a court administrator and serves as the administrative leader for the court. At their most basic level, a court executive officer is responsible for managing the court’s day-to-day operations, which can be broken down into six areas of responsibility:
- Administrative Operations. Administrative operations refer to the general oversight of and support for the court. Generally, administrative operations also includes facility maintenance, budget preparation and financial management.
- Case Management. Case management encompasses the duties of tracking active cases filed with the court, scheduling hearings, jury and case coordinator assistance, etc.
- Human Resources Management . Human resources management is the duties of recruiting, hiring and training court employees. This might also include the organization of continuing education classes or an alternative dispute resolution program.
- Information Technology. Information technology management for courts refers to the management of the court’s data, e-filing and e-service issues, as well as developing and maintaining appropriate security policies and procedures.
- Internal/External Public Relations. Many court executive officers are responsible for acting as the spokesperson for the court, ensuring that all stakeholders are aware of both achievements and limitations of the court.
- Calendering. Calendering is the scheduling of hearings, as well as other required deadlines.
Duties of a Court Executive Officer
A court executive officer performs a number of responsibilities by overall case management of the court, which involves overseeing the operations of the court and its daily business. A judicial council employs and directs the work of the chief deputy, while the court executive officer is subordinate to the chief. The court executive officer manages and provides administrative support to the judicial operational support branch. A court executive officer collects and organizes data that is needed for system analyses, planning and budgeting. Specifically, a court executive officer is responsible for supporting the judicial branch in the areas of court record keeping, statistical analysis, court research, and case flow management. The court executive officer also provides analytical services to judges and others in the trial courts. A court executive officer is responsible for the forms of process issued by the court. The court executive officer is required to: be familiar with the nature and functions of the work performed in the court; become thoroughly acquainted with applicable constitutional provisions, statutes, court rules and regulations, state-wide operational policies and procedures and any other sources of authority pertaining to the organization and operation of the court; has possessed a high level of technical skill and knowledge within the specialized field of court administrative functions.
Traits and Qualifications
The pathway to becoming a court executive officer is paved with extensive career experience, education, and skill sets. Although there are no formal certification requirements, the most experienced court executive officers typically have at least 10 years of relevant work experience and a minimum of five years’ supervisory or management experience in either a court system or a related organization. Broad knowledge of court law, courts administration, and financial systems is essential for this role. Statistics, probate and family law, public information and communications, and dependency and juvenile law are just some of the court areas beneficial for executive officers to be well-versed in. Writing and speaking skills are important because extensive communication with judicial officers, other government organizations, attorneys, and the public is a common function of the court executive officer. Digital skills are critical as well, because court technology is a big component of the position. Process automation and information technology knowledge are essential to administering the work of the court and overseeing IT staff. Administrative skills are also vital to the job of court executive officer; budget and financial management, project management, and strategic planning are just a few of the administrative functions on the courts. A bachelor’s degree in business, public administration or related area is often preferred for the position; but more important than education or certification is the experience level and supervisory capability of the individual. The position of court executive officer is competitive, particularly at the middle management, senior manager, and senior executive levels, requiring years of experience to qualify.
Trials and Tribulations for Court Executive Officers
In speaking with Court Executive Officers ("CEO"), one of the most frequent questions I was asked was whether I would write a blog on the topic. Clearly, some of the people I see as leaders in the industry felt I would at least be willing to take a case, if not make a case for their place in the industry. Which I dare say is the purpose of a CEO of a court… looking out for the good and future of the Court, the judges, the judicial officers, their staff, and in many cases the public.
So in this post, I thought I would try to explain some of the problems that the CEO of the Courts are dealing with, all the while trying to keep the trains running on time.
Let’s face it… in the case of Courts, the trains are always on time. Or at least they are getting ever closer to being on time as new technologies help the CEOs of the courts to better manage their resources.
Now we know that the budget of each court requires a balancing act of its own to get to a reasonable budget. The Chief Justice has requirements for the Governor. The State Court Administrator advises on what is reasonable. And each CEO has seasonal requirements for which they need hundreds of millions of dollars just for IT needs alone.
But over the last two decades, we have seen an information explosion. So with this explosion, we have seen a change in the way and amount of information being used on a daily basis. The CEO for a court has to decide which systems to use to manage this information. There are reasonable and logical choices. However, the choices have to be made with the goal in mind that we can make our data available when needed.
This is just one of the problems that CEOs face. Now add to this staffing shortages, judicial workload, and performance and accountability systems, and you have challenges that seem to be endless.
Some of the issues that I haven’t even touched upon are the physical buildings that we all work in, and how they are old and inefficient. In other words… they just do not run efficiently in these days of computerized technology. With all the technology that is making Courts much more efficient, the buildings that we work in stand as a constant reminder of the past.
The list of the problems faced by the CEO seem as large as the list that a CEO faces when addressing revenues. Though, as the CEO explained to me, "These are the challenges of the job." Which leads me to believe that though the challenges may be difficult to overcome at times, at least the persons who defend the industry are willing to tackle each of the CEO problems as they come.
Court Executive Officers and the Management of Cases
Beyond overseeing the effective administration of the court, executive officers also contribute over time to improvements in case management. They do this in large part by developing a detailed understanding of where the court’s strengths and weaknesses lie. They monitor targets for case clearance and time standards; focus on a manageable number of cases with a high level of judicial involvement; deal effectively with complex cases; develop cooperative strategies for improving the disposition of delayed cases; and engage in regular communication with state administrative offices of the courts. As they confront the day-to-day challenges of moving cases through their courts, they define more clearly the metrics of successful case management. But that’s not to say that the executive officers are the sole architects of case management plans; they implement the methodologies of case management formulas and programs developed by administrative offices.
Hazel Williams, executive officer of the Court of Appeals of the 8th Appellate District in Cleveland, illustrates this model. She cites as an example the "mortgage foreclosure pipeline," created some five years ago by her court, as an example of the influence of the executive officer on case management. Responding to a court docket largely consisting of mortgage foreclosure cases , the appellate court instituted a compressed schedule for its consideration of these cases. The mortgagor and mortgagee have the option to use a 21-day accelerated schedule, based on a stipulated briefing order and a 40-page limit on briefs, with four brief extensions available for good cause shown. This reduced briefing schedule provides for expedited mediation before oral arguments.
The mortgage foreclosure pipeline program has been expanded by Williams to include not only this 21-day expedited schedule but also a pre-argument mediation program, as well as the appointment of senior staff counsel to qualify case arguments and streamline presentations. Further extensions of time-which may be granted only by a judicial officer-are not granted as a matter of course but only where exigent circumstances exist. "We’ve seen time to disposition numbers go down because of the pipeline," Williams observes.
Williams has an even broader vision for the court’s post-disposition efforts. She plans to implement a post-decision grant of attorney’s fees for prevailing parties. By eliminating uncertainty over the court’s normal procedures in awarding fees, she hopes to increase not only the court’s efficiency, but also to reduce the costs of appellate representation altogether.
Career Development and Growth
This position is not one that is often found in the private sector, as there are no really private entities that have the same scope of activities as a court. That being noted, the closest thing in the private sector to the work performed by the CE or CEO would likely be work performed by someone at the top level of management. The CEO and the Chief State’s Attorney may not be managing a flock of employees, but they perform similar functions, overseeing the day to day operations of their respective departments, offices, or courts. The Court Executive Officer, in an office of the court, is like a Chief in a corporation, handling and managing the day to day operations of the office as well as managing the other employees.
The only upward mobility within the court system that is available for the Court Executive Officer is to take a similar position in another judicial district. As with most positions in the state employee system, an employee can also leave his position to seek promotion elsewhere. Outside of the court system, the CE can seek a promotion to a higher level of management in a private company. According to the Bureau of Labor and Statistics, career growth is expected to continue to be strong over the next eight years, with employment of general managers and top executives expected to be "faster than average." The work of the Court Executive Officer in the Connecticut judicial system tracks closely with management of a non-governmental organization, however, without the same potential for upward mobility. As such, the salary can often be substantially lower than a management position in the private sector.
The Future of a Court Executive Officer
As the judicial system continues to evolve with technological advancements and shifting societal trends, the roles and functions of court executive officers may need to adapt accordingly to meet new challenges and demands. The effects of court automation, electronic filing, and other technological innovations will affect nearly every facet of the court system, including in-house staff, case management, and outside vendors. Additionally, as non-traditional courts such as drug courts, veterans courts, and mental health courts become more widely implemented so too must the court executive officer’s responsibilities expand into these arenas . The legal community has yet to fully assess the impact of these changes on the court decision making process. As issues arise surrounding the future of the courts, the court executive officer will be relied upon to navigate the complexities and aims to implement new technological processes and procedures. As the legal sphere continues to develop and reform, the executive officer will work to successfully shape the future of the court system to ensure the efficient running of the courts given these new constraints.