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Specialized courts are alternative courts that are narrowly focused in terms of the types of cases they hear. The judges that oversee these courts are considered to be experts in their fields. Cases that fall within their parameter are routed to them. As Zimmer (2009) notes, “by transferring the adjudication of particularly difficult or complex legal issues or factual disputes from the scope of general jurisdiction courts and concentrating their adjudication in a specialized court of limited jurisdiction, several desirable objectives are attained” (p. 1). These desirable objectives include: 1) the efficiency of the judicial system, 2) a more efficient legal system, 3) more uniformity in terms of application of the law, 4) expertise is provided, 5) case management is more improved, 6) eliminates forum shopping by litigants, 7) increases the overall flexibility of the court system, 8) provides an administrative agency review mechanism, and 9) provides consistency of administrative agency law (Zimmer, 2009).
The impact of court consolidation and restructuring on victim rights laws is that it allows victim rights laws to be more readily observed, as consolidation places all information and personnel into a “single circuit court under the appointing authority of the Circuit Clerk” (Mikeska, 2018,...
1). As victims rights laws are meant to enable victims to have “rights to information about court events, bail release decisions, compensation, and restitution” (Vera Institute of Justice, 2002), consolidation and restructuring can simplify the processes by which victims are entitled to their rights—to information about court events, to bail release decisions, compensation and so on.
The changes that court agencies have made at the local, state and federal level in response to these issues have not been as effective as desired or expected (Vera Institute of Justice, 2002). As the Fund for Modern Courts (2018) points out, the court systems are still too costly at the state level and the confusing nature of their structure prevents litigants from pursuing their suits. At the federal level, Department of Justice personnel are instructed to “make their best efforts to see that crime victims are notified of, and accorded, the rights described in subsection (a). Section 3771(c)(1). However, under section 3771(d)(1), crime victims are now authorized to assert those rights independently. In addition, the federal district courts themselves are now directed, [i]n any court proceeding involving an offense against a crime victim, [to] ensure that the crime victim is afforded the rights…
References
Federal Justice Center. (2005). Crime victims’ rights act of 2004 and the Federal courts. Retrieved from http://www.uscourts.gov/sites/default/files/cvra0001.pdf
Fund for Modern Courts. (2018). Court restructuring and simplification. Retrieved from http://moderncourts.org/programs-advocacy/court-restructuring-and-simplification/
Mikeska, J. (2018). Court consolidation. Retrieved from http://www.ncsc.org/~/media/Files/PDF/Education%20and%20Careers/CEDP%20Papers/2000/Court%20Consolidation.ashx
Vera Institute of Justice. (2002). Effects of state victim rights legislation on local criminal justice systems. Retrieved from https://www.vera.org/publications/effects-of-state-victim-rights-legislation-on-local-criminal-justice-systems
Zimmer, M. (2009). Overview of specialized courts. International Journal for Court Administration (August 2009), 1-15. Retrieved from http://www.iaca.ws/files/LWB-SpecializedCourts.pdf
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