NCJ Number
51949
Date Published
1978
Length
32 pages
Annotation
THE FINDINGS OF A STUDY WHICH EXAMINED THE RATE OF CASE DISPOSITION TO SEE WHETHER IT WAS DETERMINED BY COURT STRUCTURE, OPERATION, OR ENVIRONMENT AND TO DEVISE WAYS OF EXPEDITING LITIGATION ARE SUMMARIZED.
Abstract
CIVIL AND CRIMINAL CASE PROCESSING WAS EXAMINED IN 21 METROPOLITAN COURTS ACROSS THE UNITED STATES USING COMPARABLE TIME AND WORKLOAD MEASURES. IN ADDITION, JUDGES, ATTORNEYS, AND COURT EMPLOYEES WERE INTERVIEWED, AND HOURS OF COURT PROCEEDINGS WERE OBSERVED. THE FOLLOWING ASPECTS OF COURT SYSTEM'S STRUCTURE WHICH MAKE UP THE TRADITIONAL MODEL OF COURT DELAY WERE EXAMINED: COURT SIZE, JUDICIAL CASELOAD, SETTLEMENT AND TRIAL ACTIVITY, CALENDARING SYSTEM, AND CASE MANAGEMENT PRACTICES. THE PRIMARY MEASURE OF CIVIL CASE PROCESSING WAS MEDIAN TIME FROM FILING TO DISPOSITION FOR TORT CASES. TWO OTHER CIVIL DIMENSIONS WERE MEASURED: THE MEDIAN DAYS FROM INITIATION OF THE LAWSUIT TO DISPOSITION FOR ALL CIVIL CASES PLACED IN LINE FOR TRIAL AND THE MEDIAN DAYS FRM INITIATION OF LEGAL ACTION TO COMMENCEMENT OF JURY TRIAL. THE MAJOR CRIMINAL MEASURE WAS MEDIAN TIME FROM FILING IN THE GENERAL JURISDICTION COURT TO A FORMAL DETERMINATION OF GUILT, INNOCENCE, OR DISMISSAL. TWO OTHER MEASURES WERE THE MEDIAN DAYS FROM ARREST TO DISPOSITION AND THE MEDIAN DAYS FROM INDICTMENT OR INFORMATION TO COMMENCEMENT OF JURY TRIAL. TABULATIONS OF RESULTS INDICATE THAT THE PACE OF CIVIL AND CRIMINAL LITIGATION IS NOT AFFECTED SIGNIFICANTLY BY THE COMPONENTS OF THE TRADITIONAL MODEL OF COURT DELAYS, RATHER, THEIR PACE IS MORE THE RESULT OF THE 'LOCAL LEGAL CULTURE' WHICH BECOMES ADAPTED TO A GIVEN PACE OF CIVIL AND CRIMINAL LITIGATION. THAT PACE HAS A COURT BACKLOG OF PENDING CASES ASSOCIATED WITH IT AND HAS AN ACCOMPANYING BACKLOG OF OPEN FILES IN ATTORNEYS' OFFICES. ESTABLISHED EXPECTATIONS AND PRACTICES, TOGETHER WITH THESE BACKLOGS, PRODUCE CONSIDERABLE RESISTANCE TO ATTEMPTS TO ALTER THE PACE OF LITIGATION. THIS EXPLAINS THE FAILURE OF STRUCTURAL AND CASELOAD VARIABLES TO ACCOUNT FOR INTERJURISDICTIONAL DIFFERENCES IN THE PACE OF LITIGATION AND THE FAILURE OF SOLUTIONS BASED ON COURT STRUCTURE, RESOURCES, OR PROCEDURES. THE MOST PROMISING TECHNIQUE FOR REDUCING DELAYS IS TO INSTITUTE SYSTEMS FOR BOTH CRIMINAL AND CIVIL CASES BY WHICH THE COURT CAN MONITOR AND GUIDE THE PROGESS OF INDIVIDUAL CASES FROM FILING TO DISPOSITION. THESE SYSTEMS WILL CREATE THE EXPECTATION THAT TRIAL WILL COMMENCE ON THE DATE SCHEDULED. PROFILES OF SPONSORING ORGANIZATIONS AND A LIST OF COUNCIL OF STATE COURT REPRESENTATIVES ARE INCLUDED. (MGB)