NCJ Number
52182
Journal
Judicature Volume: 61 Issue: 9 Dated: (APRIL 1978) Pages: 416-421
Date Published
1978
Length
6 pages
Annotation
THIS STUDY SHOWS THAT CONSIDERABLE VARIATION EXISTS IN THE RATES AT WHICH COURTS PROCESS CASES. THE MISALLOCATION OF JUDICIAL MANPOWER, WHICH RESULTS WHEN PRODUCTIVITY RATES ARE DISREGARDED, IS ILLUSTRATED.
Abstract
THE DEVELOPMENT OF STATEWIDE WEIGHTED CASELOAD SYSTEMS TO ASSIGN JUDGES IS TRACED, AND THE USE OF SUCH A SYSTEM IN CALIFORNIA IS EXAMINED IN DETAIL. THE CALIFORNIA SYSTEM STARTED WITH A SIMPLE SURVEY OF THE NUMBER OF CASES COMING TO TRIAL, BECAME MORE COMPLEX WHEN A WEIGHTED AVERAGE WAS INTRODUCED, AND FINALLY BECAME EXTREMELY COMPLEX AS COMPONENTS OF CASES WERE BROKEN DOWN AND GIVEN WEIGHTS. IN SPITE OF SUCH STATISTICAL ANALYSES, CALIFORNIA'S COURTS STILL HAVE PROBLEMS HANDLING CASELOADS. THIS STUDY COLLECTED DATA FROM THE EIGHT LARGEST SUPERIOR COURTS IN THE STATE AND SHOWS AVERAGE DISPOSITION TIME FOR EACH OF 12 CASE TYPES. THESE TIMES ARE THEN COMPARED WITH STATEWIDE WEIGHTS. AS A SERIES OF TABLES SHOWS, SOME COURTS ARE SIGNIFICANTLY FASTER OR SLOWER THAN THE STATEWIDE WEIGHTED AVERAGE AND THESE DIFFERENCES VARY ACCORDING TO CASE TYPE. AN INDIVIDUAL COURT'S PRODUCTIVITY IS VIEWED AS AN IMPORTANT CONSIDERATION WHEN ASSIGNING JUDGES. THE RELATIONSHIP BETWEEN PRODUCTIVITY AND JUSTICE IS BRIEFLY DISCUSSED. IT IS SUGGESTED THAT JUSTICE AND SPEED OF PROCESSING ARE NOT NECESSARILY RELATED, BUT THAT UNDUE DELAY IS JUSTICE DENIED. (GLR)