¶ … court administrators have to deal with is the high volume of cases in the court system. Caseflow management is therefore one of the more significant issues that has to be dealt with. There are a number of reasons for this. First, there is only a limited amount of time for courtrooms, for judges and for other court staff. This is the capacity of the court system. The problem is that the demand for this capacity is highly variable. The amount of crime in an area, arrest rates, the ability of prosecutors to close out cases prior to trial, and the length of time required in different cases all factor into the demand function. Given that demand can be difficult to estimate, court administrators often are forced to rely on ad hoc measures in order to optimize their caseflow management.
Some of the different caseflow management techniques that are available to court administrators are case-disposition time standards, early court intervention, control of case progress, use of differentiated case management, meaningful pretrial events, limiting of continuances, calendaring and docketing and the use of information systems in all of this (NCSC, 2016).
Steelman (2004) points out that there are many risks if court administrators do not apply proper caseflow management techniques. For example, the cost of access for the legal system is supposed to be affordable, but delays make it costlier for people to have access. The court itself will struggle to contain its costs when there is poor caseflow management. Furthermore, there are risk with respect to timeliness, in that some cases must be heard within a specific period of time. Poor caseflow management is a risk to the justice system.
It is natural to think that court administrators do not have any say in how many cases they are presented with. The cases are decided on the basis of events in the outside world, and court administrators simply need to deal with the cases that are presented to the court system. This is not entirely true, however. One of the most effective means by which court administrators can deal with high case volumes is early court intervention. As Steelman (2004) notes, "the court, not the case participants, should control the progress of cases." Early court control refers to having a system in place where the court can monitor the progress of the case. That is to say that the court checks up to see if the next scheduled event has occurred within reasonable time standards. This seems fairly basic, but was not always practiced. The court has it within its power to essentially use this monitoring to push cases through the court.
Differentiated case management reflects the reality that some types of cases require special treatment and attention from the court. The court administration can help with this by identifying such cases, and ensuring two things. The first is that the right resources are dedicated to those cases, and the second is that having resources dedicated to those types of cases does not disrupt the progress of other cases through the court system. By differentiating cases at a fairly early stage, the resources of the court can be used more efficiently.
Pretrial is another area where the court administration can influence the progress of cases, managing the high volume of cases. It is at this stage where court administration can ensure that pretrial activities flow at a reasonable pace, that standards are met and the court promotes the preparation of cases and pretrial events by lawyers, knowing that if the lawyers are working on the cases that the cases will be completed faster. As Steelman notes, "creating the expectation that events will occur as scheduled is critically important."
Having firm and credible trial dates is also important. If a trial date is set too early and the lawyers are unable to be prepared, this delays trials and wastes the court's time. Trial dates should be realistic, but they should also be firm.
All of these different techniques are essentially used by court administrators to improve the efficiency of the court system. The courts are a perishable asset, so that any time when the court or its resources are not being used to move trials along is lost time that can never be recovered. In terms of efficiency, the optimal is to use as much of the court's time as possible to process cases. By doing this, the court administrators can improve efficiency, which in turn means that the courts will be able to handle more cases.
The...
Court Management Policy Proposal The retributive and rehabilitative approaches of justice are dominant, and research suggests that they have disappointed the juvenile legal system. The rise in youth crime and critiques of the juvenile legal approaches has led to demands for reforms in the way of charging youth offenders. The retributive approach of justice suggests that juvenile offenses are violations against the state and holds the state accountable for sentencing youth
Specialized courts are alternative courts that are narrowly focused in terms of the types of cases they hear. The judges that oversee these courts are considered to be experts in their fields. Cases that fall within their parameter are routed to them. As Zimmer (2009) notes, “by transferring the adjudication of particularly difficult or complex legal issues or factual disputes from the scope of general jurisdiction courts and concentrating their
Court-Mandated Educational Course for First-Time, Juvenile Offenders Using education as a means for combating juvenile delinquency issues is nothing new. In fact New York State is launching a program that allows juvenile offenders to keep a portion of their high school credits even when they're incarcerated so that when they do return to school, they can return on a steady progression towards graduation: "Starting this fall, the program, called Close to
Court Management TrendsSpecialty courts were established at the Eighth Judicial District Courts with thirteen court programs that target individuals with various intercepts with the criminal justice system. Specialty courts are founded on the treatment court model that offers mental health and substance abuse treatments to reduce recidivism risk rates and provide support for involved individuals to acquire skills and advance their education. According to one�s needs, all the specialty courts
Court Analysis Justice and Court Administration Administration and management of courts is filled with challenges. Often depending upon the geographical context of the court, such challenges will include resource shortage, a perpetual docket of criminal cases and the broader complexity of providing civil order and justice to communities while balancing constitutional law and local ordinance. Moreover, the complexity of administering justice in and of itself plays a part in the difficulty of
Court Service Management How does a court system cope with a changing of the guard when a new administration is elected and key executives and managers are replaced, and/or when policy changes direction as a new political party assumes power? The court deals with transitions of power by maintaining the established traditions and principles from the Constitution. This is used to ensure that case precedent is respected and to provide stability for
Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.
Get Started Now