NCJ Number
45646
Date Published
1977
Length
136 pages
Annotation
ADMINISTRATIVE REFORMS INTENDED TO ENHANCE AND EXPEDITE THE APPELLATE PROCESS IN THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT ARE EVALUATED.
Abstract
THE CIVIL APPEALS MANAGEMENT PLAN (CAMP) HAS TWO MAJOR FEATURES: ISSUANCE OF SCHEDULING ORDERS TO NOTIFY COUNSEL OF DEADLINES FOR CRITICAL EVENTS (E.G., FILING OF BRIEFS); AND USE OF PREARGUMENT CONFERENCES IN SELECTED CIVIL APPEALS. TO EVALUATE THE REFORMS, APPEALS CASES WERE RANDOMLY ASSIGNED TO AN EXPERIMENTAL GROUP OR A CONTROL GROUP. CASES IN THE EXPERIMENTAL GROUP RECEIVED CAMP TREATMENT; CONTROL CASES DID NOT. NO SIGNIFICANT DIFFERENCES BETWEEN THE TWO GROUPS WERE FOUND WITH REGARD TO NUMBERS OF ADJUDICATED APPEALS, APPEALS INVOLVING JUDICIAL INVESTMENTS, OR BRIEFED AND ARGUED APPEALS -- THE THREE MEASURES USED TO DETERMINE WHETHER CAMP PROCEDURES REDUCE THE BURDEN ON JUDGES. HOWEVER, THE EVIDENCE IN EACH MEASURE POINTS FAVORABLY TO CAMP. RATINGS BY JUDGES IN BOTH GROUPS INDICATE THAT CAMP PROCEDURES IMPROVE THE QUALITY OF APPEALS, THOUGH TO A LIMITED EXTENT. CAMP PROCEDURES WERE SUCCESSFUL IN EXPEDITING APPEALS THAT WERE EITHER SETTLED OR WITHDRAWN, BUT NOT APPEALS THAT PROCEEDED THROUGH BRIEFING AND ARGUMENT. A SURVEY OF ATTORNEYS IN EXPERIMENTAL AND CONTROL CASES FOUND NO SIGNIFICANT IMPROVEMENTS AS A RESULT OF CAMP PROCEDURES, ALTHOUGH ATTORNEYS WHO CHOSE TO COMMENT FAVORED THE CAMP IDEA AND, TO A LESSER EXTENT, PRAISED CAMP ADMINISTRATION. IT IS SUGGESTED THAT JUDGMENT ON CAMP BE SUSPENDED. SUPPORTING DATA AND DOCUMENTATION ARE PROVIDED. (LKM)