NCJ Number
142004
Journal
Judicature Volume: 76 Issue: 5 Dated: (February-March 1993) Pages: 258-263
Date Published
1993
Length
6 pages
Annotation
In rural jurisdictions, where, compared to urban areas, business in general is conducted more slowly, the interrelationships between parties in a criminal or civil case are more complicated, and the number of court personnel is minimal, the timely disposition of cases may be a delicate matter. The driving force in rural court systems is comity; timely disposition of cases may be achieved only at the expense of that comity.
Abstract
Several studies have shown that a significant degree of delay exists in most rural jurisdictions, especially in criminal cases; delay in rural courts does not, however, relate to case volume. Many other factors thought to cause court delay have also been eliminated through studies of rural case disposition; these include numerous motions filed, lack of court and social service resources, case complexity, judge time requirements, and the jurisdiction's ability to try cases. By default, the bar usually controls the pace of criminal and civil cases in rural areas. Income level, which is generally low, and type of counsel, often court-appointed, seem to be correlated with case disposition time and outcome. In some cases, the rural court judge efficiently conveys his expectation that the disposition time will be short. Despite the unique position of rural courts, this author maintains that timely disposition rates would support the courts' commitment to finding fair and equitable solutions to the