NCJ Number
25615
Date Published
1974
Length
195 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 CENTRALLY ORGANIZED AND SUPERVISED STAFF OF ATTORNEYS AS AN AID TO JUDGES.
Abstract
ALSO INCLUDED IN THIS PROJECT WAS EXPERIMENTATION WITH PROCEDURAL INNOVATIONS IN THE APPELLATE PROCESS AND MEASUREMENT AND REPORTING OF THE RESULTS. THIS REPORT DEALS WITH ONE YEAR'S OPERATION OF THE NEBRASKA PROJECT WHICH USES THE STAFF OPERATION TO PREPARE MEMORANDUM, RECOMMENDED DISPOSITIONS, AND DRAFTS OF OPINIONS ON SELECTED CASES. NEBRASKA WAS AN A TYPICAL DEMONSTRATION SITE FOR THIS PROJECT SINCE IT HAD NO BACKLOG OF APPEALS, ALTHOUGH EXPERIENCING RAPIDLY INCREASING YEARLY CASELOADS. THUS THE ONLY PART OF THE APPELLATE PROCESS THAT THE STAFF OPERATION COULD HAVE AFFECTED IN NEBRASKA WAS THE ELAPSED TIME BETWEEN THE DATA WAS ARGUED AND THE DATE THE APPELLATE DECISION WAS PUBLISHED. COMPARISON OF STAFF AND NON-STAFF PROCESSED CASES SHOWED MEDIAN DAYS ELAPSED OF 37 AND 30 FOR CIVIL AND CRIMINAL CASE, RESPECTIVELY, FOR STAFF PROCESSING COMPARED TO 50 AND 31 FOR NON-STAFF PROCESSING. JUDICIAL OPINION OF THE PROJECT, AS MEASURED BY TWO QUESTIONNAIRES ISSUED AT SIXMONTH INTERVALS. IN GENERAL, THE JUDGES FELT THAT SHORTER STAFF WORK WOULD HAVE SERVED THEIR INTERESTS BETTER, THAT STAFF ATTORNEYS SHOULD HAVE STAYED AWAY FROM ISSUES INVOLVING UNSETTLED POINTS OF STATE LAW, AND THAT THE JOBS OF THE STAFF AND THEIR LAW CLERK APPEARED TO BE DUPLICATIVE. PROBLEMS OF PROJECT OPERATION AND PROPOSED SOLUTIONS ARE DISCUSSED, IT IS CONCLUDED THAT IN THE NEBRASKA SITUATION. (A 'NO BACKLOG' ENVIRONMENT). A STAFF OPERATION WAS PROBABLY NOT ACCEPTABLE SINCE POWERFUL FORCES EXIST WHICH MAKE PLANNING AND TESTING IN THE ADVANCE OF A CRISIS VERY DIFFICULT, IF NOT IMPOSSIBLE. APPENDED ARE TABULAR DATA ON PROJECT OPERATION AND A SUMMARY OF RESPONSES TO THE JUDGES' QUESTIONNAIRE.