The County: The "Dark Continent" of American PoliticsGilbertson, Henry S.
History
The County: The "Dark Continent" of American Politics
Gilbertson, Henry S.
County government -- United States
By far the most important branch of general administration with
which county officers serve is the judiciary. Counties, except in a
few states, are the units for selection of judges having original
jurisdiction in both civil and criminal cases which involve moderate
amounts of money and less than the most serious offenses. With the
county court also is generally associated probate jurisdiction, which
is exercised in some of the eastern states by a special officer known
as the surrogate, who may be a judge as in New York, or a purely
ministerial officer, as in New Jersey.
Legally the judiciary is more nearly a part of a state system than any
other branch of the county organization. The decisions of the judges
are of course subject to appeal to a higher state court--that is an
important form of control. Sometimes, as in California, a part of the
salary of the county judge is paid from state funds. Probably too the
greater popular respect that hedges about the bench is sufficient to
set it apart from much of the sinister influence that often affects
the other officers of the county. Nevertheless, the county court in
common with other divisions of the judiciary, is subject to a wide
variety of disintegrating forces. It has a variegated allegiance: to
the people (in most of the states) for its original selection, to the
county governing body for many incidental items of financial support,
and to higher judicial authority for confirmation or revision of its
decisions. It does not control its executive agents, such as the
sheriff and the county clerk, who are usually independent elective
officers.
The readjustment of this situation can hardly be effected
satisfactorily apart from a complete reorganization of the state’s
judicial system. This will undoubtedly involve, among other things, a
much more complete central control on the part of a state chief justice
and a judicial council. The courts must be organized with a keener
appreciation that a judge in rendering just and learned decisions is a
part of a business machine--he is waiting on customers; that there is
no sound reason why the judicial department should defy the principle
of responsibility any more than a department which serves the public in
another way.
In the general overhauling of the systems, perhaps the elective county
judge will disappear. But liberty, for all that, will not vanish from
the earth. States as diverse in their location and composition as New
Hampshire, Connecticut, New Jersey and South Carolina never drifted
quite completely into the habit of “electing everybody,” and they are
good states. The Federal judiciary, too, is appointive, and it is
not more culpable, by standards of either the progressiveness or of
administrative efficiency, than most of the state courts.
Public-domain text, read in full here on John Shaqi.
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