NCJ Number
80395
Journal
Southern California Law Review Volume: 55 Issue: 1 Dated: (November 1981) Pages: 65-152
Date Published
1981
Length
88 pages
Annotation
A statistical analysis of the Federal district court system in the 20th century is presented, with attention to caseload processing and conflict resolution.
Abstract
Initially, three interrelated forces that have coalesced to transform Federal judges into administrators are examined. These forces are (1) the political movement for judicial reform and its emphasis on efficient caseload management; (2) the changing nature of cases processed, from those justifying substantial attention by individual judges to those supposedly requiring only routine processing, frequently by judicial staff; and (3) the rise of public law litigation, in which a judge might, for example, attempt to restructure a major social organization, such as a prison or a school district. Then the study presents a statistical survey of the nature of caseloads, size of the judiciary, and average case-processing times for key periods in the history of Federal trial courts from the late 19th century to the present. The survey documents the trend from adjudication to administration, examining the three interrelated forces in historical context. The assessment of this trend questions the extent to which reform of the judiciary may sacrifice substantive justice. Finally, the renewed interest in the size and role of the Federal judiciary is discussed. It is concluded that the current reform movement's emphasis on bureaucratic efficiency may be misplaced. Tabular data and 432 footnotes are provided. (Author summary modified)