NCJ Number
25812
Date Published
1972
Length
11 pages
Annotation
IN THIS TEXT OF AN ADDRESS TO THE AMERICAN BAR ASSOCIATION, CHIEF JUSTICE WARREN BURGER DISCUSSES THE CASELOAD CRISIS OF THE COURTS AND SUGGESTS SEVERAL REFORMS AND MANAGEMENT TECHNIQUES TO SOLVE THIS PROBLEM.
Abstract
THE CHIEF JUSTICE STATES THAT THE AMERICAN COURTS ARE ATTEMPTING TO DEAL WITH TODAY'S COURT CASELOADS BY USING OUTDATED COURT METHODS. HE ARGUES THAT MORE MONEY AND MORE JUDGES IS NOT THE PRIMARY SOLUTION, AND THAT MODERN BUSINESS MANAGEMENT TECHNIQUES SHOULD BE UTILIZED TO EASE COURT CASE FLOW. THE REASONS FOR THE GREAT INCREASES IN COURT DELAYS AND CASELOADS ARE REVIEWED. AMONG THESE REASONS ARE INCREASED POPULATION, NEW RULES AND DECISIONS REGARDING COURT PROCEDURES, AND NEW CRIMINAL LAWS. AS AN EXAMPLE, THE AUTHOR CITES THE LIBERALIZED RULES ON PRETRIAL RELEASE WHICH HAVE CAUSED COURT DELAYS AS THE DEFENDANTS REPEATEDLY POSTPONE TRIALS TO REMAIN FREE ON BAIL. IT IS RECOMMENDED, AMONG OTHER THINGS, THAT: STANDARDS OF CONDUCT FOR LAWYERS AND JUDGES BE DEVELOPED: THAT A JUDICIARY COUNCIL BE ESTABLISHED TO COORDINATE AND INFORM CONGRESS OF COURT MATTERS; THAT THE FEDERAL CRIMINAL PROCEDURE BE REEXAMINED AND UPDATED; AND THAT THE PROCESS OF APPEALS BE REVIEWED AND LIMITED.