10-11 Advancing Justice Slides

8/13/2019 10-11 Advancing Justice Slides

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ADVANCING JUSTICE:

A Priority of the Idaho Supreme Court

Presented to the Idaho Institute for Court Management

October 25, 2011Boise, Idaho

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The Idaho Supreme Court

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Mission Statement of the Idaho Courts

Provide Access to Justice,

Through the Timely, Fair, and Impartial Resolution of

Cases.


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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

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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 informationrelating to the conduct or administration of the

publics business. I.C. 9-337(13).4


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WHAT IS CASE FLOW MANAGEMENT?

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Definition and Context

Increasing the trial judges control over the timing of acase to prevent unnecessary delay. 2009 Institute forthe Advancement of the American Legal System.

Caseflow Management denotes supervision ormanagement of the time and events involved in themoving of a case through the court system from thepoint of initiation to disposition, regardless of the typeof disposition Solomon and Somerlot

Emphasis is on management, that is, the active oversightof case progress by the court.

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The Critical Role of Judges

According to the ABAs 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 judicialcommitment is essential to reducing delay and, once achieved,

maintaining a current docket.7


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Caseflow Management is alsoA National Priority

the reception and processing of cases [should] be as simple and orderlyas possible, fair consideration [should] be given to each type of case, and all

cases [should] be determined justly, promptly, effectively and efficiently.

American Bar Associations Standards Relating to Court Organization

Fair and expeditious dispute resolution processes, accessible to all, arethe 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 21stCentury

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

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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 unnecessarydelay while protecting the rights of individual litigants.

Effective caseflow management promotes justice on both

the individual and systemic level by helping to ensureevery litigant receives procedural due process.

NACMs Core Competency Project

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CASEFLOW MANAGEMENT

ITS THE LAW IN IDAHO

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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.

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Idaho Rules of CivilProcedure

Rule 1(a). Scope of

rules.These rules shall

be liberally construed tosecure the just, speedy

and inexpensive

determination of every

action and proceeding.

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 inadministration and

elimination of unjustifiable

expense and delay. 12


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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 toassure the prompt disposition of matters before them and the

proper performance of their judicial responsibilities.

IDAHO JUDICIAL CANONS

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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 managementtechniques to meet the ever increasing workload.

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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.

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Budget: Facts and Figures.

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Emergency Surcharge

took affect. April 2010

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**The Emergency Surcharge has a sunset clause of June 30, 2013.

Possible Impact of the loss of the Emergency Surcharge in FY2014

**

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Judicial workloads continue to grow

District Court civil filings have increased by30% since 2006, which can largely be

attributed to the economic decline.

Domestic Relations cases have risen by10% since 2006.

Increase in number of litigants appearingpro se.

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Increased Workload Extends Beyond Case

Filing Numbers

According to Idaho Judges:

There are more time intensive and emotionally demandingcasescases seem to be more litigious. The majority of cases goto hearing.over the past 10 years, the number of complex cases has

increased dramatically.

There have been a lot more contested divorces, primarilyover custody issuesand an increase in disputed propertyclaims. 19

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Caseload and Population Trends for Idaho

Totals Percent Increase

1995* 2000 2005 2010

Between1995-2000

Between2000-

2005

Between2005-2010

TotalIncrease

Population 1,163,000 1,299,551 1,425,862 1,559,796 12% 10% 9% 34%

Total Caseload 363,572 411,802 434,906 462,936 13% 6% 6% 27%

Civil 79,659 96,451 104,322 110,345 21% 8% 6% 39%

Domestic Relations 10,976 12,108 13,560 14,850 10% 12% 10% 35%

Total Criminal and Infraction 154,657 310,419 329,891 329,171 101% 6% 0% 113%

Felony 2,873 6,228 11,082 10,586 117% 78% -4% 268%

Misdemeanor 49,174 86,899 97,889 92,847 77% 13% -5% 89%

Infraction 102,610 217,292 220,920 225,738 112% 2% 2% 120%

Budget and Caseload Trends

1990 2000 Percent Change 2010 Percent Change

Caseloads 385,819 411,802 6.7% 462,936 12.4%

Population 1,006,749 1,299,551 29.1% 1,559,796 20.0%

Caseloads per capita* 38,323 31,688 -17.3% 29,679 -6.3%

Number of Judgeships 107 122 14.0% 138 13.1%

Caseloads per Judge 3,606 3,375 -6.4% 3,355 -0.6%

State general fund budget 788,945,800 1,683,444,800 113.4% 2,506,580,100 48.9%

Judicial general fund budget 14,402,100 22,506,500 56.3% 30,183,200 34.1%

Judicial budget % of State's

budget 1.8% 1.3% 1.2%

*caseload/population *100,000

Includes reopenings and infractions

Lets Look at 15 Years

Some More interesting statistics

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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 ofcourt performance.

Transparency and accountability.21


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Advancing Justice:

Expectations of Court Users

Access to court information.

Timely resolution.

Procedural fairness.

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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.

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Advancing Justice:

Whats 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.24


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Advancing Justice:

Whats 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.

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Documents

10-11 Advancing Justice Slides