NCJ Number
93009
Journal
University of Michigan Journal of Law Reform Volume: 16 Issue: 3 Dated: (Spring 1983) Pages: 527-535
Date Published
1983
Length
9 pages
Annotation
Rhode Island's Supreme Court recently initiated several procedural techniques for screening and settling criminal and civil cases on appeal in an effort to combat the problems of congested dockets and the sluggish pace of litigation.
Abstract
Provisional Order 16 was designed to provide a flexible and efficient method of dealing with criminal appeals. The aim of the Order was to examine criminal appeals systematically at an early stage in the proceedings and determine at that point whether a full appellate process was appropriate. Implementing the early examination procedures reduced significantly the backlog of criminal cases pending is less than 2 years. The new procedures also cut back the workload of defense and prosecution attorneys in cases where the court found summary disposition appropriate. As 60 percent of the calendar time for regular argument was devoted to hearing criminal appeals, a massive backlog of civil appeals was created. In response, the Supreme Court implemented Rule 16(g), permitting the responding party in an appeal to move to summarily affirm a decision of the tribunal below within 10 days after receipt of the appellant's or other moving party's opening brief. The settlement conference was introduced at the appellate level to permit disposition without argument. Rule 16(h) adopted in 1982, authorized the court to require that parties file a short statement of their respective positions after the docketing of an appeal in a civil case. In 1982, 63 percent of the cases placed upon the show cause calendar were disposed of by summary order or brief per curiam opinion. Twenty-one references are provided.