NCJ Number
94350
Journal
Judges' Journal Volume: 23 Issue: 1 Dated: (Winter 1984) Pages: 12-17
Date Published
1984
Length
6 pages
Annotation
A Michigan judge describes how she developed a model program of reducing backlog by setting strict processing times, keeping accurate records, and taking early control of the court.
Abstract
The judge found an incredible number of adjournments agreed to by the attorneys because they claimed discovery had not yet been completed. Many cases had been resolved but their final dispositions were not noted on the docket. The judge seized control of the cases lawyers historically believed they had an absolute right to control. She found that a careful and accurate reporting system was critical to case flow management. Every court order of final disposition is now noted on the docket entry sheets before the order is returned to the attorneys. To manage her own docket, she divided it into jury and nonjury trials. She set about 20 to 25 divorce cases a day, 3 or 4 civil cases per day, and 6 to 8 civil noninjury cases per day, all within their respective terms. The judge developed an elaborate pretrial program but found that many of the cases could be solved without her active participation. The pretrial precipitated the settlement because attorneys finally faced each other and had to negotiate. The judge's exercise of control is generally triggered by an attorney bringing a matter before her on a motion, generally relating to a discovery issue or the amendment of pleadings. The judge sets cut off dates for amending the pleadings filing legal motions, and completing discovery. The mediation process in Michigan also provides a means for a judge to seize early control. The mediation panel, handling cases involving money damages, makes a money judgment; if rejected, the case goes to trial and must be concluded quickly or risk costly discovery and legal fees. The judge also feels that continuances should only be rarely granted unless good cause (death, illness, vacation) can be shown. The judge will grant adjournments for only 30 to 60 days and then sets a firm trial date. Seven reference notes are included.