NCJ Number
87982
Date Published
Unknown
Length
8 pages
Annotation
Various techniques for dealing with court case delay either reduce the number of cases handled by the courts or reduce the amount of judicial time devoted to each case.
Abstract
Methods of reducing the number of cases handled by the courts can be subclassified into three distinct though related techniques. The first technique involves altering the jurisdiction of the court which is experiencing a delay problem. This can occur formally through legislative action, such as decriminalization, 'no-fault' legislation, or other methods by which the number of causes of action is reduced. It may also occur by rule of the court transferring cases to other judicial forums. The second general techniques involves encouraging settlements, guilty pleas, or other dispositions prior to trial. The third technique for reducing the number of cases tried involves diversion to noncourt forums. The second major method of delay reduction involves lessening the amount of judicial time per case. Typically, this has been done by using approaches that enable judges to handle their caseloads more efficiently, such as through modern court administration methods, including automated calendaring systems. A second technique for reducing judge time per case involves using approaches beyond the purview of the court. Examples include the provision of adequate legal services when delay may be related to overworked public defenders offices. Other examples include speedy trial legislation and the elimination of legislation mandating unnecessary steps in trial or appellate procedures. A final approach to case delay involves increasing available judicial resources. One of the most significant roles that governors, executive branch, and State planning agency personnel can play in delay reduction is to encourage controlled experimentation and rigorous evaluation in the conduct of delay reduction programs.