IS JUSTICE DELAYED? A REPORT FROM THE COURT ADMINISTRATOR

• NCJ Number: 45470
• Journal: University of Arkansas at Little Rock Law Journal Volume: 1 Issue: 1 Dated: (1978) Pages: 51-62
• Author(s): C R HUIE; G L JEGLEY
• Date Published: 1978
• Length: 12 pages
• Corporate Author: University of Arkansas at Little Rock
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

RESULTS ARE PRESENTED OF A STUDY TRACING THE PROGRESS OF SELECTED CASES THROUGH THE ENTIRE ARKANSAS COURT SYSTEM TO DETERMINE THE LENGTH OF TIME NECESSARY TO RESOLVE A DISPUTE.

Abstract

THE STUDY WAS CONDUCTED BASED ON THE PREMISE THAT THE AMOUNT OF TIME A CASE SPENDS IN THE JUDICIAL SYSTEM SHEDS LIGHT ON THE QUALITY OF JUSTICE BEING DELIVERED IN THAT SYSTEM. ONE HUNDRED THIRTY CRIMINAL CASES DECIDED BY THE ARKANSAS SUPREME COURT DURING 1975 WERE SURVEYED. THE ENTIRE PROCESS INVOLVED FILING OF THE INDICTMENT, TRIAL, FILING OF THE RECORD WITH THE SUPREME COURT, MOTIONS FOR CONTINUANCE, AND DECISION BY THE COURT. TOTAL TIME FROM FILING TO DECISION FOR EACH OF THE CASES WAS, ON THE AVERAGE, 17.4 MONTHS. ONE HUNDRED SIXTY CRIMINAL CASES DECIDED DURING 1976 WERE ALSO INCLUDED IN THE SURVEY. AVERAGE TIME TO GO THROUGH THE SYSTEM WAS 16.1 MONTHS. THE REDUCTION IN COURT SYSTEM TIME IS ATTRIBUTED TO SWIFTER PROCESSING THROUGH CIRCUIT COURT. CIVIL CASES WERE ALSO CONSIDERED IN THE STUDY. IN GENERAL, CIVIL CASES SPENT MUCH MORE TIME IN THE COURT SYSTEM THAN CRIMINAL CASES, WITH THE BULK OF THE EXTRA TIME ATTRIBUTABLE TO THE PERIOD FROM FILING TO TRIAL IN THE LOWER COURT. A TOTAL OF 267 CIVIL CASES FROM 1975 AND 317 FROM 1976 WERE SURVEYED. AVERAGE TOTAL TIME THROUGH THE SYSTEM FOR THE 1975 CASES WAS 24.1 MONTHS, FOR THE 1976 CASES, 23.6 MONTHS. THE NATURE OF THE CASE IN ANY APPEAL WAS FOUND TO MAKE LITTLE DIFFERENCE IN THE AMOUNT OF TIME REQUIRED TO PROCESS IT FROM TRIAL THROUGH SUPREME COURT DECISION. THUS, THE RESULTS INDICATE THAT THE ARKANSAS COURT SYSTEM IS DELIVERING SERVICES AT A FAIRLY CONSISTENT RATE. HOWEVER, THE AUTHOR SUGGESTS THAT THE JUDICIAL SYSTEM STRIVE TOWARD A GOAL OF INCREASING THE RATE OF CASEFLOW THROUGH THE SYSTEM. POSSIBLE SOLUTIONS TO THE PROBLEM ARE MORE EFFICIENT ADMINISTRATION, SWIFTER TRANSCRIPT PREPARATION, STRICT DOCKET SUPERVISION, AND CONSCIENTIOUS PREPARATION OF CASES TO MINIMIZE CAUSES FOR CONTINUANCES. TABULAR DATA ARE INCLUDED. (VA)