NCJ Number
45263
Journal
National Journal Volume: 10 Issue: 6 Dated: (FEBRUARY 11, 1978) Pages: 222-226
Date Published
1978
Length
5 pages
Annotation
CONTRIBUTING FACTORS IN THE GROWTH OF FEDERAL COURT BACKLOGS ARE EXAMINED, AND SOLUTIONS TO THE PROBLEM ARE EXPLORED.
Abstract
SINCE 197O, THE NUMBER OF CIVIL CASES FILED IN U.S. DISTRICT COURTS HAS INCREASED BY ALMOST 50 PERCENT, THE NUMBER OF CIVIL CASES PENDING BEFORE THOSE COURTS HAS RISEN BY MORE THAN 60 PERCENT, AND THE NUMBER FOR 3 YEARS OR MORE HAS INCREASED BY NEARLY 50 PERCENT. NEW LAWS GUARANTEEING MORE SOCIAL AND CIVIL RIGHTS AND GRANTING PROTECTION FROM UNFAIR BUSINESS PRACTICES, THE ADMINISTRATIVE REVIEW PROCESS, THE ECONOMIC BYPRODUCTS OF LITIGATION, AND THE GROWING NUMBERS OF LAWYERS AND POTENTIAL LITIGANTS ARE AMONG FACTORS CITED AS POSSIBLE CAUSES OF THE GROWING BACKLOG. HOWEVER, THE MAJOR FACTOR MAY BE A CHANGE IN PUBLIC ATTITUDE. PEOPLE ARE LESS WILLING TO ACCEPT AN UNFAVORABLE DECISION OR BAD TREATMENT FROM THEIR GOVERNMENT, THEIR EMPLOYERS, OR COMMERCIAL ESTABLISHMENTS AND ARE LESS AFRAID TO TAKE ON THE FEDERAL GOVERNMENT. ALTHOUGH CONGRESS AND THE CARTER ADMINISTRATION HAVE DEMONSTRATED CONCERN OVER THE BACKLOG PROBLEM, THERE IS NO CONCSENSUS ON ITS CAUSE. CONGRESS HAS NOT COME TO GRIPS WITH THE FACT THAT, BY OFFERING PEOPLE LEGAL REMEDIES FOR PERCEIVED SOCIAL PROBLEMS, IT IS ADDING TO THE JUDICIAL BACKLOG AND THUS ADDING TO THE PUBLIC'S FRUSTRATION. INCREASING THE NUMBER OF FEDERAL JUDGESHIPS, EXPANDING THE JURISDICTION OF FEDERAL MAGISTRATES, AND PROVIDING ALTERNATIVE MEANS OF DISPUTE SETTLEMENT ARE AMONG APPROACHES TO CONTROLLING THE FEDERAL COURT BACKLOG. IT HAS BEEN SUGGESTED, HOWEVER, THAT MORE DRASTIC MEASURES MAY BE NECESSARY WHICH WOULD INVOLVE VIEWING THE FEDERAL COURTS AS PART OF THE POLICYMAKING PROCESS RATHER THAN AS DISPUTE-RESOLVING AGENCIES. (LKM)