NCJ Number
49280
Journal
Judicature Volume: 57 Issue: 8 Dated: (MARCH 1974) Pages: 354-359
Date Published
1974
Length
6 pages
Annotation
THE OPERATION OF THE MASTER CALENDAR SYSTEM, USED BY THE CENTRAL CIVIL DISTRICT OF LOS ANGELES, CALIF., PROVIDES AN EFFICIENT METHOD OF CALENDARING FOR THE APPROXIMATELY 45 JUDGES ASSIGNED TO THE DISTRICT.
Abstract
IT IS EASIER TO MAINTAIN A STEADY FLOW OF THE PROPER MIX AND NUMBER OF CASES IF THE COURTS, RATHER THAN THE BAR, CONTROL CASEFLOW. AT-ISSUE MEMOS, FILED BY PARTIES, ARE STOCKPILED, AND INVITATIONS TO FILE CERTIFICATES OF READINESS ARE SENT OUT. FILED CERTIFICATES FORM THE POOL FROM WHICH TRIAL SETTING CONFERENCES ARE CALENDARED. A COMPUTER IS USED TO AVOID CONFLICTING SETTINGS, AND COUNSEL ARE EXPECTED TO ADVISE THE COURT OF ALL COMMITMENTS. CASES ASSIGNED TO COUNSEL WILL USUALLY NOT BE TRANSFERRED TO TRIAL IF COUNSEL IS UNAVAILABLE. HOWEVER, WHEN IT IS NOT POSSSIBLE TO CALENDAR ASSIGNED CASES WITHIN A DESIGNATED PERIOD, ROUTINE CASES ARE GIVEN UNASSIGNED STATUS AND CALENDARED. MOST OF THE MAJOR LAW FIRMS HAVE ADJUSTED TO THIS PRACTICE WHICH PERMITS THE COURT TO MAINTAIN A STEADY CASEFLOW. DETERMINING THE MIX AND QUANTITY OF CASES TO SET FOR A GIVEN DAY SO AS TO KEEP THE COURT BUSY INVOLVES CLASSIFICATION OF THE CASE BACKLOG INTO JURY, NONJURY, AND SHORT-CAUSE (NONJURY CASES NOT EXPECTED TO REQUIRE MORE THAN ONE DAY). THIS PERMITS A BETTER ESTIMATE OF TIME REQUIRED. IT IS OFTEN ADVISABLE TO LET SHORT-CAUSE CASES AGE, AS OLDER CASES TEND TO SETTLE OUT OF COURT. IN GENERAL, SHORT-CAUSE CASES ARE USED TO FILL IN THE COURT CALENDAR ON DAYS WHEN TRIAL SETTING CONFERENCES DO NOT PRODUCE AN ADEQUATE NUMBER OF CASES. TOTAL JUDGE TIME AVAILABLE IS DETERMINED AND AN APPROXIMATE DETERMINATION OF NET JUDGE DAYS AVAILABLE IN A GIVEN MONTH IS MADE. THE NET JUDGE TOTAL IS MULTIPLIED BY A SETTING FACTOR (THE SUM OF THE PERCENTAGE OF ALL CASES TRANSFERRED TO TRIAL IN THE LAST 6 MONTHS AND THE PERCENTAGE OF ALL CASES SETTLED AND REMOVED FROM THE CALENDAR). THE PRODUCT OF THIS OPERATION GIVES THE GROSS CASELOAD FIGURE TO SET FOR THE MONTH. IN GENERAL, THE SETTING OF MORE THAN ONE CASE REQUIRING AN ESTIMATED TIME OF MORE THAN 10 DAYS ON ANY GIVEN DAY IS AVOIDED AS MUCH AS POSSIBLE. WORKLOAD DIVISION AMONG THE DAYS OF THE WEEK IS BASED ON EXPERIENCE AND FOLLOWS THE PATTERN OF 30 PERCENT MONDAY, 18 PERCENT TUESDAY, 20 PERCENT WEDNESDAY, 25 PERCENT THURSDAY, AND 7 PERCENT FRIDAY. A STRICT CONTINUANCE POLICY IS NECESSARY FOR MOST EFFICIENT OPERATION OF A MASTER CALENDAR SYSTEM. AN ATTEMPT IS ALSO MADE TO ACCOMMODATE THE PREFERENCES AND WORK CAPACITIES OF THE INDIVIDUAL JUDGES. (JAP)