Dissertation
DOMESTIC VIOLENCE PROTECTION ORDERS IN CIVIL COURT: AN EXAMINATION OF JUDICIAL SELECTION AND COURT SPECIALIZATION ON CASE MANAGEMENT
Washington State University
Doctor of Philosophy (PhD), Washington State University
05/2024
DOI:
https://doi.org/10.7273/000006542
Abstract
Domestic violence is a public health crisis and there is a need to address the gaps in the literature on institutional responses to domestic violence. Civil protective orders are one avenue for victims to pursue when criminal charges are not available. This dissertation addresses two institutional factors that impact a judge’s efficiency in case management: judicial selection and court specialization.
In addressing judicial selection, this dissertation argues that elections create external pressures that impact a judge’s ability to manage their caseload. Elections incentivize judges to be responsive to public pressures, while appointments insulate judges from this cyclical pressure. By including both national analysis and a statewide case study, this dissertation tests the role of judicial selection on clearance rates and the role of county and election specific factors in the case study of Wisconsin. Results for the national analysis indicate that partisan and nonpartisan elections see a significant decrease in clearance rates compared to their appointed counterparts; elections do increase clearance rates, but this increase does not overcome the deficit identified. The case study in Wisconsin determined that elections have a negative impact on clearance rates, but not on the rate of granting protective orders.
The analysis of judicial selection theorizes that specialization in courts increases efficiency leading to increased clearance rates and a change in the rate of granting protective orders. Specialized courts can include domestic violence courts, designating judges to hear a case type, or specialized docket calendar. The theory here argues that the alternates to independent courts share the goals of efficiency in case processing and consistent application of the law. The case study in Wisconsin finds that specialization of any kind leads to an increase in case clearance, but no change in granting protective orders. Elections do create a negative influence on clearance rate, but it does not overcome the increase noted by specialization.
The findings here provide multiple avenues for researchers, the judicial community, and advocacy agencies to improve going forward. Addressing domestic violence at a higher level is critical to create the changes necessary to ensure judges are prepared for civil domestic violence cases.
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Details
- Title
- DOMESTIC VIOLENCE PROTECTION ORDERS IN CIVIL COURT
- Creators
- Julia Rose Pusateri
- Contributors
- Michael Salamone (Chair)Cornell Clayton (Committee Member)Travis Nelson Ridout (Committee Member) - Washington State University, Politics, Philosophy and Public Affairs, School of
- Awarding Institution
- Washington State University
- Academic Unit
- Politics, Philosophy and Public Affairs, School of
- Theses and Dissertations
- Doctor of Philosophy (PhD), Washington State University
- Publisher
- Washington State University
- Number of pages
- 160
- Identifiers
- 99901121437301842
- Language
- English
- Resource Type
- Dissertation