NCJ Number
44557
Date Published
1977
Length
164 pages
Annotation
THE PROJECT WAS DESIGNED TO DETERMINE WHAT PROCEDURES ARE ASSOCIATED WITH THE GREATEST POSSIBLE SPEED AND PRODUCTIVITY, CONSISTENT WITH THE HIGHEST STANDARDS OF JUSTICE.
Abstract
A SECONDARY GOAL WAS TO DETERMINE PRECISELY WHAT SOME OF THE STATISTICAL MEASURES IN USE ACTUALLY MEASURE. THIS REPORT IS BASED ON VISITS TO 10 COURTS AND PRESENTS EXTENSIVE DATA FROM THE CIVIL DOCKETS OF SIX OF THOSE COURTS. THE VISITS INCLUDED DETAILED DISCUSSIONS WITH JUDGES AND MOST SUPPORTING PERSONNEL AND OBSERVATION OF THE WIDEST POSSIBLE VARIETY OF PROCEEDINGS. THE PROJECT IS A SYSTEMATIC ATTEMPT TO RELATE PROCEDURES USED IN DIFFERENT DISTRICTS TO THEIR STATISTICAL RESULTS. THE REPORT RECOMMENDS THAT A NUMBER OF APPROACHES BE CONSIDERED FOR ADOPTION. AN AUTOMATIC PROCEDURE ASSURES, FOR EVERY CIVIL CASE, THAT PLEADINGS ARE STRICTLY MONITORED, THAT DISCOVERY BEGINS QUICKLY AND IS COMPLETED WITHIN A REASONABLE TIME, AND THAT A PROMPT TRIAL FOLLOWS IF NEEDED. PROCEDURES LESSEN OR ELIMINATE JUDGES' INVESTMENT OF TIME THROUGH THE EARLY STAGES OF A CASE, UNTIL DISCOVERY IS COMPLETE; DOCKET CONTROL, ATTORNEY CONTACTS, AND MOST CONFERENCES ARE DELEGATED, GENERALLY TO THE COURTROOM DEPUTY CLERK OR A MAGISTRATE. THE ROLE OF THE COURT IN SETTLEMENT IS REDUCED; JUDGES ARE HIGHLY SELECTIVE IN INITIATING SETTLEMENT NEGOTIATIONS, AND NORMALLY DO SO ONLY WHEN A CASE IS READY, OR NEARLY READY, FOR TRIAL. RELATIVELY FEW WRITTEN OPINIONS ARE PREPARED FOR PUBLICATION. ALL PROCEEDINGS THAT DO NOT SPECIFICALLY REQUIRE A CONFIDENTIAL ATMOSPHERE ARE HELD IN OPEN COURT. THE PROJECT ALSO CASTS DOUBT ON CERTAIN WIDELY ACCEPTED OPINIONS ABOUT SPEED AND PRODUCTIVITY; EXAMPLES ARE CITED. SUPPORTING MATERIALS ARE APPENDED. (AUTHOR ABSTRACT MODIFIED).