Constant costs in the public provision of judicial services

The nature of the cost conditions surrounding the provision of judicial services by state and local governments is examined. It is suggested that these services fit Werner Hirsch’s category of horizontally integrated public services and a priori arguments are presented to support the kypothesis that judicial services are provided under conditions approximating constant costs. Empirical tests for the existence. of scale economies are made which yield results consistent with the constant cost kypothesis. Hence, the conclusion is drawn that differences across states per capita expenditures on count systems ane due primarily to variations in demand factors rather than differences in the sizes of judicial systems. This paper was partially prepared under Grant Number 75-NI-99-0037 from the National Institute of Law Enforcement and Criminal Justice, Law Enforcement Assistance Administration, U. S. Department of Justice. Points of view or opinions stated in this document are the author’s and do not necessarily represent the official position or policies of the U.S. Department of Justice.