Fall 2017 FINAL-Summer 2017 Gavel | Page 22

conduct in your district and the estimated volume in a given time period. For example:

Type Frequency

Volume Scheduled

Actually Held

A Flexible System

The goal of a workable and capable system should be to resolve 90 percent of issues 100 percent of the time. But what about the remaining issues – the unusual, complex, lengthy, or emergency-type situations that might occur? To address these abnormalities, your case resolution system must have the ability to adjust when necessary. Flexibility is the most cherished component of a case management system to judges. However, it is often implemented in ways that destroy the workable and capable components. For example, a judge refuses to be“ locked in” to a schedule, rationalizing he needs to be free to handle the emergency case or the multi-week jury trial that may sporadically appear. Such a case management system results in court staff being unable to manage the bulk the court’ s business. Every case becomes a process of checking with the judge, gathering resources, scheduling, hitting“ pinch-points,” and rescheduling.

In contrast, a flexible system accepts the importance of workability and capacity and still provides:( 1) ample unscheduled time for the judge for preparation and opinion-writing;( 2) a process to handle unusually long trials;( 3) redundant resources to handle vacations, sicknesses, and other absences; and( 4) sufficient ability to respond to emergency events. The trade-off of the judge being“ locked in” to certain dates is offset by the system being able to resolve almost all issues during those times – leaving the judge with most of his time to focus on the“ problem” issues.

An Effective System

An effective case management system is successful in producing the desired result, empowering the court staff to make decisions within the parameters set by the court. The staff handles the case management system, not the judge. A judge’ s role in the system is focused in the courtroom and working with the parties on the resolution of the cases that are not“ routine.” Clerks issue scheduling orders, set hearing dates, deploy resources, and notify parties, per system parameters.

The result is an efficient and responsive case management system that yields timely results. An effective system sets these parameters:( 1) case disposition time limits;( 2) plans to dispose of cases within those limits; and( 3) periodically monitoring caseloads to ensure the system is working.

For example, case disposition limits may be 24 months after filing for civil cases and 180 days after first appearance for criminal cases. Your district plans to dispose of all civil cases within the time limits by setting a scheduling conference 180 days after filing for all nondomestic relations cases. At the scheduling conference, you set all final discovery dates and a ready-for-trial date. Perhaps you wish divorce cases to move differently. A scheduling order goes out 45 days after filing that sets deadlines and sets a pre-trial date approximately 135 days after filing. In criminal cases, scheduling orders are given at the initial appearance and includes a trial date within the guidelines. All of the scheduling plans have room for continuances if required.

The role of the judge is to monitor his caseload to make sure the system is functioning. Every month, for example, the judge gets a report of cases that have been pending for over 150 days. A recent report from one judge in the district is summarized as follows:

Civil Cases

Divorce Cases

Criminal Cases

Even though the judge is responsible for approximately 1,500 case dispositions per year, only 23 cases( 5 of which are settled) are over 150 days old, all of which are on track to be resolved within case time limits. This system is functioning effectively.

Conclusion: A System of Timely Case Resolution

The pace of litigation determines the court’ s case load more than any other factor. Slow courts lead to backlogged courts. The courts that adopt a good system of case management, and then resist the pressure to relax their rules and deadlines, will see their dockets shrink over time.

Implementing a successful case management system is possible even with less than optimal resources. Maintaining the system, however, relies on the leadership and commitment of the judges and court staff. In order for the system to remain functional, the judges must be comfortable setting the parameters. To maintain the system’ s capacity, each judge must be ready to set the pace, and enforce the rules and time standards on litigants, while allowing court staff to fill their respective roles. At the same time, judges must monitor cases and be flexible enough to accommodate abnormalities, while still holding the parties accountable. Likewise, an effective case management system works best when individuals within the system are given the autonomy to use their own initiative, while still being held accountable by the other members of the team.

1. North Dakota Courts System 2016 Annual Report. 2. Denotes courtrooms with secure passageways to the prisoner detention area.

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