Resource: The Role of the Special Master in Institutional Reform Litigation

Wuori v Zitnay (1975), an institutional reform case, came to a successful resolution within a relatively few years. This case study describes the change process from the perspective of the special master and reports on devices used to sustain the changes after the court relinquished active supervision. The case study describes the functioning of masters in other cases to show the comparability of the processes. The special master undertakes change agent activities which are not in keeping with the model of a quasi-judicial role. The master preserves the court's legitimacy by providing a buffer which allows the court to maintain a neutral stance when implementation problems are brought to its attention.