Presentation Transcript

1. ADVANCING JUSTICE: A Priority of the Idaho Supreme Court

   Presented to the Idaho Institute for Court Management October 25, 2011 – Boise, Idaho
2. The Idaho Supreme Court Mission Statement of the Idaho Courts Provide Access to Justice, Through the Timely, Fair, and Impartial Resolution of Cases.
3. WHAT IS ADVANCING JUSTICE? Fundamental commitment to provide timely justice. Involves a top to bottom “systems review”. Includes a critical evaluation of existing time standards. Includes an assessment of how judges manage their caseloads. Other aspects of the Advancing Justice effort include: Judicial education and training Data and technology
4. One of Many Important Roles of Clerks in Advancing Justice Data entry drives internal court functions. Court data drives local, state, and federal funding decisions. Performance Measure Reports are a "public record” of a writing containing information relating to the conduct or administration of the publics’ business. I.C. 9-337(13).
5. What is Case Flow Management?
6. Definition and Context Increasing the trial judge’s control over the timing of a case to prevent unnecessary delay. – 2009 Institute for the Advancement of the American Legal System. Caseflow Management denotes supervision or management of the time and events involved in the moving of a case through the court system from the point of initiation to disposition, regardless of the type of disposition – Solomon and Somerlot Emphasis is on management, that is, the active oversight of case progress by the court.
7. The Critical Role of Judges According to the ABA’s Standards Relating to Court Delay Reduction: “From the commencement of litigation to its resolution, whether by trial or settlement, any elapsed time other than reasonably required for pleadings, discovery and court events, is not acceptable and should be eliminated. To enable just and efficient resolution of cases, the court, not the lawyers or litigants, should control the pace of litigation. A strong judicial commitment is essential to reducing delay and, once achieved, maintaining a current docket.”
8. Caseflow Management is also A National Priority “…the reception and processing of cases [should] be as simple and orderly as possible, fair consideration [should] be given to each type of case, and all cases [should] be determined justly, promptly, effectively and efficiently.” American Bar Association’s Standards Relating to Court Organization “Fair and expeditious dispute resolution processes, accessible to all, are the foundation of justice in a free society. Unnecessary delay undermines public trust in the rule of law, erodes confidence in the court system, and draws into question the efficacy of courts as an institution of government. A National Agenda for Prompt and Affordable Justice in the 21st Century “The most salient factor related to faster disposition times in civil and felony cases is early and continuous court control. Unlike court size, case mix, or caseload per judge, the timing and degree of control over caseflow is largely within the control of the court.” A Pace of Litigation in Urban Trial Courts
9. In summary Efficiency and fairness are not mutually exclusive. Effective case flow management is not about speed just for the sake of speed. It is about removing unnecessary delay while protecting the rights of individual litigants. Effective caseflow management promotes justice on both the individual and systemic level by helping to ensure every litigant receives procedural due process. NACM’s Core Competency Project
10. Caseflow ManagementIt’s the Law in Idaho
11. CONSTITUTION OF THE STATE OF IDAHO ARTICLE I: DECLARATION OF RIGHTS Section 18. Justice to be freely and speedily administered. Courts of justice shall be open to every person, and a speedy remedy afforded for every injury of person, property or character, and right and justice shall be administered without sale, denial, delay, or prejudice.
12. Idaho Rules of Civil Procedure Idaho Criminal Rules Rule 2. (a) Purpose and construction. These rules are intended to provide for the just determination of every criminal proceeding. They shall be construed to secure simplicity in procedure, fairness in administration and elimination of unjustifiable expense and delay. Rule 1(a). Scope of rules….These rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action and proceeding.
13. IDAHO JUDICIAL CANONS CANON 3 B. (8) A judge shall dispose of all judicial matters promptly, efficiently and fairly and shall comply with all constitutional and statutory provisions and court rules concerning timeliness of decisions and salary affidavits. Specifically applicable to Administrative District Judges: C. (3) A judge with supervisory authority for the judicial performance of other judges shall take reasonable measures to assure the prompt disposition of matters before them and the proper performance of their judicial responsibilities.
14. Why Now? Unlike budget years of the past, current economic conditions do not allow us to “Human Resource” our way out of the problem. Trial Judges are being required to more aggressively employ proven caseflow management techniques to meet the ever increasing workload.
15. Budget: Facts and Figures…. 1 3 2 1 1- FY2009 Budget was set in March of 2008. 2- September 15, 2008, Lehman Bros. Investment Bank filed largest bankruptcy in US history - - Widely considered to be a major role in the global financial crisis. 3- FY2010 Budget was set in March of 2009.
16. Emergency Surcharge took affect. April 2010
17. Possible Impact of the loss of the Emergency Surcharge in FY2014 ** **The Emergency Surcharge has a sunset clause of June 30, 2013.
18. Judicial workloads continue to grow… District Court civil filings have increased by 30% since 2006, which can largely be attributed to the economic decline. Domestic Relations cases have risen by 10% since 2006. Increase in number of litigants appearing pro se.
19. Increased Workload Extends Beyond Case Filing Numbers… According to Idaho Judges: “There are more time intensive and emotionally demanding cases…” “…cases seem to be more litigious. The majority of cases go to hearing.” “…over the past 10 years, the number of complex cases has increased dramatically.” “There have been a lot more contested divorces, primarily over custody issues…and an increase in disputed property claims.”
20. Let’s Look at 15 Years Some More interesting statistics…
21. Advancing Justice:Expectations of Funders Courts performing traditional court functions well. Courts helping to solve social problems (e.g. problem-solving courts). Effective, competent use of technology. Regular reporting of court performance data. Consistency in implementation and measurement of court performance. Transparency and accountability.
22. Advancing Justice:Expectations of Court Users Access to court information. Timely resolution. Procedural fairness.
23. What is ‘Procedural Fairness’ in This Context? According to Tom Tyler, leading expert on procedural fairness, people expect: Neutrality. Respect. The chance to be heard. A trustworthy judge.
24. Advancing Justice: What’s In It For Trial Judges? Elections/Retention. Public records requests of performance reports. More time to spend on tasks that only judges can perform. Less stressful work environment. Preserve decisional autonomy. Ward off unwarranted attacks. Ability to assess individual performance and progress. It is the right thing to do.
25. Advancing Justice:What’s In It For Court Clerks? Enhancements to ISTARS. Additional training. More efficiency in case processing. Uniformity in procedures. Improved working relationships between trial judges and deputy clerks. More satisfying work environment.