NCJ Number
58895
Date Published
1979
Length
96 pages
Annotation
THE FAILURE OF EFFORTS TO ELIMINATE EXCESSIVE DELAYS AND BACKLOGS IN NEW YORK'S CRIMINAL COURTS IS DOCUMENTED, INEFFICIENCIES IN COURT ADMINISTRATION ARE IDENTIFIED, AND CORRECTIVE ACTION IS RECOMMENDED.
Abstract
THE REPORT, PREPARED BY A STATE LEGISLATIVE TASK FORCE, OPENS WITH A REVIEW OF MAJOR LEGISLATIVE, EXECUTIVE, AND JUDICIAL PROGRAMS IMPLEMENTED SINCE 1968 TO EXPAND THE CASE-PROCESSING CAPABILITIES OF NEW YORK'S COURTS, PROSECUTORS, AND DEFENSE AGENCIES. CASE-PROCESSING DATA FOR ALL CRIMINAL COURTS THROUGHOUT THE STATE FOR 1977 AND PRIOR YEARS ARE PRESENTED AND ANALYZED IN DEPTH, WITH A SPECIAL FOCUS ON NEW YORK CITY, WHERE DELAY AND BACKLOG PROBLEMS ARE MOST ACUTE. THE ANALYSIS SHOWS THAT, DESPITE THE MASSIVE INFUSION OF FEDERAL, STATE, AND LOCAL FUNDS, CASES CONTINUE TO REQUIRE UNDULY LONG PERIODS OF TIME TO PROCESS, AND CASE BACKLOGS PERSIST. A LIMITED ANALYSIS OF COURT PRODUCTIVITY (NUMBER OF DISPOSITIONS PER 'COURT PART' PER YEAR, UTILIZATION OF JUDGES' TIME, SEASONAL DISTRIBUTION OF COURT ACTIVITY) SUGGESTS SIGNIFICANT INEFFICIENCIES IN THE COURT SYSTEM. IT IS POINTED OUT THAT IF COURT PARTS OPERATED ANYWHERE NEAR 100-PERCENT EFFICIENCY AND IF JUDGES REDUCED THEIR UNPRODUCTIVE TIME, BACKLOGS COULD BE ELIMINATED AND CASE-PROCESSING TIMES REDUCED WITHOUT ADDING MORE JUDICIAL RESOURCES. AMONG 13 RECOMMENDATIONS FOR REMEDYING THE SITUATION ARE A MANAGEMENT AND FINANCIAL AUDIT OF ALL STATE CRIMINAL COURTS BY THE STATE COMPTROLLER, A COMPLETE OVERHAUL OF THE COURT SYSTEM'S ADMINISTRATION AND MANAGEMENT, GREATER OVERSIGHT OF THE COURTS BY THE LEGISLATURE, AND INSTITUTION OF A TIME LIMIT ON PLEA BARGAINING. DETAILS OF THESE AND OTHER RECOMMENDATIONS, SUPPORTING DATA, A BIBLIOGRAPHY, AND A COPY OF THE 1975 NEW YORK STATE CRIME CONTROL PLAN SECTION ON CRIMINAL CASE PROCESSING PRIORITIES ARE PROVIDED. (LKM)