NCJ Number
25616
Date Published
1974
Length
216 pages
Annotation
THE TWO-YEAR APPELLATE JUSTICE PROJECT INVOLVED ASSISTING COURTS TO REDUCE THE TIME BETWEEN THE FILING AND HEARING OF APPEALS THROUGH USE OF A CENTRAL PROFESSIONAL STAFF OF LAWYERS TO PROVIDE BASIC RESEARCH ON CASES PENDING.
Abstract
ALSO INCLUDED IN THIS PROJECT WAS EXPERIMENTATION WITH PROCEDURAL INNOVATIONS IN THE APPELLATE PROCESS AND MEASUREMENT AND REPORTING OF THE RESULTS. THE VIRGINIA PROJECT HAD TO ABANDON THIS LAST OBJECTIVE, SINCE THE STAFF COULD ONLY DEAL WITH A FRACTION OF THE COURT'S BACKLOG WORKING FULL-TIME. STAFF ATTORNEYS PREPARED RESEARCH MEMORANDA (PREHEARING REPORTS) ON CASES CHOSEN ON THE BASIS OF MATURITY DATA - OLDEST CASES FIRST AND WOULD 'SIT IN' ON ORAL PRESENTATIONS AND BE PRIVY TO THE DELIBERATIONS OF THE PANEL AFTER THE ORAL PRESENTATION. STATISTICS GATHERED DURING THE PROJECT YEAR FAILED TO SUPPORT THE THESIS THAT A CENTRAL STAFF OPERATING IN THE VIRGINIA SYSTEM CAN SPEED THE PROCESSING OF CASES AND THUS INCREASE THE COURT'S PRODUCTIVITY. STAFF-PROCESSED CIVIL AND CRIMINAL CASES SHOWED A MEAN OF 113 AND 92 DAYS RESPECTIVELY FROM MATURITY TO FINAL ACTION ON THE PETITION, AS COMPARED NON-STAFF PROCESSING MEANS OF 82 AND 88 DAYS DUE POSSIBLY TO FAULTY PROGRAM ADMINISTRATIVE PROCEDURES AND BELATED DISCOVERY OTHER PROCEDURAL BREAKDOWNS. HOWEVER, THE OPINION OF THE JUSTICES, AS MEASURED BY TWO QUESTIONNAIRES ADMINISTERED AT SIX-MONTH INTERVALS, WAS THAT STAFF MEMORANDA WERE HELPFUL IN SAVING TIME DECIDING AND DISPOSING OF CASES. ALTHOUGH NOT UNANIMOUS AS TO WHETHER STAFF WORK MADE A SIGNIFICANT DIFFERENCE IN THE QUALITY OF ADJUDICATION, THE GENERAL OPINION WAS THAT STAFF WORK WAS THOROUGH AND GENERALLY RELIABLE. APPENDED ARE TABULAR DATA ON PROJECT OPERATION, A COPY OF THE JUDGES' QUESTIONNAIRE, AND SAMPLE PREHEARING REPORTS FILED.