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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