NCJ Number
80130
Journal
State Court Journal Volume: 5 Issue: 4 Dated: (Fall 1981) Pages: 8-13,33-37
Date Published
1981
Length
11 pages
Annotation
This article describes the administrative procedures and techniques instituted in civil cases over a 2-year period in Division Four of the First Judicial District of Colorado and contains statistical data relating to cost outcomes. The principles of this approach to reducing court delay are deemed applicable in other jurisdictions as well.
Abstract
The basic premise is that the judge, exercising the prerogative of the court, must take control of both civil and criminal cases at an early stage, set the time for all events to occur in the progression of the case, and retain court control until the case is closed. The control management program in Division Four was instituted in 1978 and began by tightening the court's policy concerning the granting of trial continuances, both civil and criminal. A strict continuance policy of denying requests made within 30 days of trial and without good cause was considered vital to successful control management. The program's second phase involved transferring the control of a case from counsel to the court. Case control is established by the court and is never relinquished until the file is closed by final action. The full value of case control in reducing backlog and achieving effective court management of cases can be realized when judicial case control is used in conjunction with a strict continuance policy. When counsel know there are set dates when certain events such as trials will occur, they will either proceed to settle the matter or be prepared to go forward. The trial judge must continue to exercise full command of the pretrial and trial procedures, beginning with the pretrial conference. The final phase of program implementation entails the establishment of categories of cases. Its purpose is to improve the utilization of court time by assisting the division clerk in setting the appropriate amount of court time for trials and motions. It is contended that with proper pretrial management, a court can fit up to 7 hours of actual trial time during a court day. Moreover, the program requires no additional staff or equipment, nor does it entail the use of outside judges. District Four experience with the system shows marked impact on backlog, current caseload, and court delay. Planning and the continuing commitment of both the judge and court staff are required to implement and maintain the system. Tables, notes, and a trial procedure checklist are provided.