On November 30, 1977 the Legislative Sunset Committee voted to recommend the termination of the Department of Court Management, that was under the new title the Administrative Office of Courts (AOC). The committee had the responsibility of reviewing state agencies in the interim between legislative sessions and to make recommendations during the following session of the Legislature as to whether or not an agency should continue in existence or be terminated. A recommendation from the committee had to be both adopted by resolution of both houses and signed into law by the Governor in order for the recommendation to take effect.
On December 01, 1977 Torbert notified all officials and employees of the judicial system of the action by the Committee. He believed that the Legislature would act responsibly when they saw all of the facts surrounding the issue. A couple days later, Torbert wrote a letter to Mr. J. Stanley Frazer, Director of the State Personnel Department, asking if it was possible for his department to take care of all the personnel matters related to the different clerks' offices and courts throughout the state. Frazer replied on December 14, 1977, stating that his department could administer personnel matters for the different courts under the State Merit system. Frazer expressed specific concern over the legal issues that could arise if they had to enforce merit system requirements against appointing authorities who are a part of the judicial branch since the State Personnel Department is part of the Executive Branch. Frazer thought it would be best if the two systems remained separate.
In the end, the AOC was not abolished and the personnel crisis was resolved. There was no feasible way for the personnel function of the AOC to be transferred anywhere else and the maintenance of the general management function of the Chief Justice through the AOC was essential to the operation of the Unified Judicial System.
In part, the personnel crisis represented the last symbolic challenge to the implementation of the new judicial system. Chief Justice Torbert successfully steered the implementation of the Judicial Article through the transition period from 1975 through 1977. From 1977 to 1985, Torbert, through the AOC, brought about full implementation of the Article.