CONGESTION AND DELAY IN THE STATE APPELLATE COURTS

• NCJ Number: 15879
• Author(s): B W DAYNES
• Date Published: 1969
• Length: 29 pages
• Corporate Author: American Judicature Soc
• Sale Source: National Institute of Justice/
• Publication Type: Statistics
• Language: English
• Country: United States of America

Annotation

A DISCUSSION ON THE CAUSES OF APPELLATE COURT CONGESTION AND AN EXAMINATION OF FOUR WAYS TO REMEDY THE EXCESSIVE RESULTS OF DELAY.

Abstract

THE AUTHOR STATES THAT APPELLATE CONGESTION GENERALLY ARISES FROM OUTDATED AND INADEQUATE COURT RULES AND PROCEDURES OF APPELLATE JUSTICE (PROCEDURAL DELAY), NEGLIGENCE ON THE PART OF THE LAWYER AND CLIENT IN PROCESSING APPEALS, LACK OF QUALIFIED PERSONNEL TO FILL JUDICIAL VACANCIES, OR THE INFLEXIBILITY IN COURT STRUCTURE AND ORGANIZATION (STRUCTURAL DELAY) TO MEET THE NEEDS OF THE COURT. METHODS TO DEAL WITH THE CONSEQUENCES OF COURT DELAY INCLUDE THE ADDITION OF PERSONNEL SUCH AS LAW CLERKS, COURT COMMISSIONERS, AND SPECIAL JUDGES FOR INCREASING JUDICIAL TIME FOR THE DISPOSING OF CASES, REDUCING THE LENGTH OF WRITTEN OPINIONS, REDUCING THE LENGTH OF BRIEFS, AND LIMITING THE NUMBER AND TYPE OF APPEALS. OTHER METHODS DISCUSSED ARE THE SEPARATION OF THE HIGHEST APPELLATE COURT INTO DIVISIONS AND THE CREATION OF AN INTERMEDIATE APPELLATE COURT. (AUTHOR ABSTRACT MODIFIED)