NCJ Number
77137
Journal
Denver Law Journal Volume: 58 Dated: (1980) Pages: 1-15
Date Published
1980
Length
15 pages
Annotation
This article assesses the impact of volume and delay in the Colorado Court of Appeals; it identifies primary sources of delay, explores causes for excessive case processing time, and suggests methods for alleviating delay.
Abstract
Project findings are based on data from a sample of 863 cases filed during 1975 and 1976, which were analyzed under the auspices of the National Center for State Courts. In addition, judges and court staff members were interviewed to provide information on court operations. Previous studies of courts in general have attributed delay to caseload volume, inefficiency, or a combination of the two factors. The caseload of the Colorado Court of Appeals has expanded dramatically in recent years, as reflected by 858 filings in 1975 compared with 444 in 1974. Data analysis reveals that 80 percent of the Colorado cases examined exceeded the American Bar Association's standard for case processing time. However, caseload volume per se has not yet become a major source of delay. Judicial workloads in the court of appeals are relatively light compared with those for other jurisdictions. Findings reveal that the source of lengthy case processing time is centered in the predecision phase of the appllate process. The court's rules specifying the time limits for perfecting an appeal were not being consistently followed by trial court clerks, court reporters, and attorneys. Extensions for the filing of transcripts, records, and briefs were granted as a matter of course. Some procedural changes in the appeals court process have occurred since these study statistics were gathered, although to what degree the court has benefited is not known. Notices of appeal are now forwarded by the trial court immediately to the court of appeals. Time extension requests are now subject to greater scrutiny. In some instances, the time to file appellate documents, especially briefs, had been reduced. The most important change, the accelerated docket program provides an alternate processing track for certain kinds of civil appeals. The article suggests that the court adopt a uniform policy for time extensions. The article includes 3 tables and 56 footnotes.