NCJ Number
53543
Journal
Judicature Volume: 60 Issue: 9 Dated: (APRIL 1977) Pages: 442-450
Date Published
1977
Length
9 pages
Annotation
A FLORIDA SUPREME COURT JUSTICE COMPARES THE DEMANDS ON HIS TIME WITH THE AMOUNT OF TIME HE HAS AVAILABLE TO MEET THOSE DEMANDS IN A DISCUSSION OF THE EFFECTS OF LARGE CASELOADS ON THE QUALITY OF JUSTICE.
Abstract
THE SEVEN-JUSTICE FLORIDA COURT, DESCRIBED AS A TYPICAL BUSY APPELLATE COURT, GENERALLY SITS IN FIVE-MEMBER PANELS. ON THE BASIS OF THE AUTHOR'S WORKLOAD FROM JULY 1975 THROUGH JUNE 1976, TIME REQUIREMENT ESTIMATES ARE PRESENTED FOR THE FOLLOWING TASKS: OPINION WRITING (MAJOR AND MINOR MAJORITY OPINIONS, CONCURRENCES, AND DISSENTS); BENCH TIME (ARGUMENTS AND MOTIONS); CONFERENCES (INFORMAL, POSTARGUMENT, MOTIONS, SCHEDULED, AND UNSCHEDULED); OPINION REVIEW (MAJORITIES, DISSENTS, AND CONCURRENCES); NONOPINION DECISIONS (CERTIORARI, APPEAL, BAR MATTERS, RULES, REHEARINGS, MINOR MOTIONS, U.S. SUPREME COURT MANDATES, OTHER); AND OTHER JUDICIAL TASKS (PREPARATION FOR ARGUMENT, CORRESPONDENCE, TRAVEL, GENERAL READING, AND CEREMONIES). THE ESTIMATES TOTAL 3,321 HOURS FOR THE YEAR--415 8-HOUR WORK DAYS, OR 365 9-HOUR DAYS, OR 240 14-HOUR DAYS. THE JUSTICE ACTUALLY WORKED 240 8-HOUR DAYS DURING THE YEAR, OR 1,920 HOURS. THE IMPLICATION OF THE ANALYSIS IS THAT APPELLATE JUSTICES MUST USE TIME-SAVING MECHANISMS OR SHORTCUTS TO DEAL WITH THEIR WORKLOADS. JUSTICES' PRIORITIES FOR THE WORK OF THE COURT DIFFER, SO THE SHORTCUTS OF ONE JUSTICE ARE NOT NECESSARILY THOSE OF ANOTHER. IT IS SUGGESTED THAT APPELLATE JUDGES IN CROWDED COURTS ARE NOT PERFORMING THEIR DUTIES IN THE MANNER ASSUMED AND EXPECTED BY THE PEOPLE, AND THAT THE END RESULT MAY BE AN INCREASE IN QUANTITY AT THE EXPENSE OF QUALITY. (LKM)