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Court Organization and Management February 16, 2012 Case Management

Court Organization and Management February 16, 2012 Case Management. Carl Baar & Ian Greene. Tonight’s class.

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Court Organization and Management February 16, 2012 Case Management

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  1. Court Organization and ManagementFebruary 16, 2012Case Management Carl Baar & Ian Greene

  2. Tonight’s class • Prof. Baar will start by discussing the political dimension of caseflow management principles -- i.e. party control vs. court control. He will refer to the Winkler article. Please look at the tables on p. 27, and think of what might be wrong in the tables and/or in Winkler's analysis. • There have been a number of articles over the years on caseflow management. In this respect, the Steelman and Chapter 8 of Millar/Baar are very similar. Read one or the other, if you don't have time to read both. If you are interested in Canadian content, read Millar/Baar. If you want the latest iteration in caseflow management from an American perspective, read Steelman. • Recently, I sent you the link for the CBC story on BC criminal courts > (recommended by Sean, and on class web page). If you read this and Baar's "Trial Court Reorganization" piece, we could have a lively discussion on how caseflow management fits and doesn't fit into BC's problems. Ironically, BC's criminal courts had much less delay before Askov than after. (Remember, the Askov case (1990) was the first case in which the Supreme Court tried to define the Charter right to a trial "within a reasonable time," and a case in which the SCC mis-interpreted Prof. Baar's evidence.) How might the post-Askov lengthier delays in BC be explained?

  3. Carl Baar, “Trial Court Reorganization in Canada: Alternative Futures” in Peter Russell, editor, Canada’s Trial Courts, Two Tiers or One? (Toronto: University of Toronto Press, 2007). (HANDOUT) • Chief Justice Warren Winkler, Evaluation of Civil Case Management in the Toronto Region (February 2008) (HANDOUT) • David Steelman, Improving Caseflow Management: A Brief Guide (Williamsburg VA: National Center for State Courts, Feb 2008): http://contentdm.ncsconline.org/cgi-bin/showfile.exe?CISOROOT=/ctadmin&CISOPTR=1022 • Carl Baar & Perry Millar, Ch 8, in Judicial Administration in Canada (Toronto, University of Toronto Press, 1981) (HANDOUT) • Association of Canadian Court Administrators, Inventory of Criminal Justice Reforms, available on www.yorku.ca/igreene

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