NCJ Number
82117
Date Published
1980
Length
95 pages
Annotation
This report focuses on the problems of volume and delay in the Nebraska Supreme Court.
Abstract
Information used as a basis for conclusions includes both descriptive and quantitative data. Data were derived from a systematic sample drawn from the court records of 633 cases processed from 1975 through 1976. As indicated by a literature review, previous studies have isolated three causes of delay in the appellate courts, including increasing caseload volume, inefficiency, and a combination of these two factors. Data analysis reveals that with the exception of certain aspects of the predecision stage of the process, the Nebraska Supreme Court was operating efficiently and uniformly for cases filed in the data collection years. Examination of the constitutional and statutory provisions which define the court's authority, characteristics of the court's jurisdiction, and assessment of available resources revealed that none of these factors were sources of case processing delay at the predecision phase. It is recommended that the court consider changing the rules regarding the filing of notices of appeal so that appeals are filed with the Nebraska Supreme Court rather than the district court. Problems involved with noncompliance by lower court clerks, reporters, and attorneys must be addressed. Mechanisms for screening and disposing of cases which do not require oral argument should be explored. The court is urged to develop a uniform case tracking system. Seventeen footnotes, five appendixes of related material, figures, and tables are included.