This
measure addresses the court’s performance in enforcing its own rules and
orders. For this measure, one area of court activity—caseflow
management—has been selected because some policy on caseflow are
predictably found in most trial courts. More specifically, the measure
focuses on rules governing continuance of trial settings.
Planning/Preparation.
The authority (e.g., rule, order, or administrative
memorandum) and substance of the court’s policies should be documented.
Data
Collection. Data
collection forms will vary depending on specific court policies. For
example, some policies will require that a motion for continuance be made in
writing and filed no later than a specified number of days prior to the
scheduled trial. A data collection method for this kind of rule should
involve an examination of sampled case files to determine: (1) whether such
a document is found, and (2) whether it was filed in a timely manner. Other
rules may simply state that each party may be granted one continuance upon
request and that other continuances will be granted only for "good
cause shown." In such cases, data collection would involve sampling
summary records or case files and counting the number of continuances
associated with each.
Data
Analysis and Report Preparation.
The structure for data analysis will be determined by the type of court
policy in effect and the data collection methods used for evaluating whether
the policy is followed. For the first example described above, tables could
be generated to show the total number of continuances that occurred for the
cases sampled and the percentage of cases in which motions were filed as per
the policy. For the second example, in which the court policy calls for
simple counts of the number of continuances associated with each case,
tables could be generated to show the percentage of all cases that had
specific numbers of continuances.
The
way in which the results of the analysis will be interpreted will depend on
the type of policy and the corresponding data collection method and
analysis. In some instances the results may be returned to the court in
purely descriptive form. In other instances, a standard may be established
prior to data collection and summary results compared to that standard. For
example, if continuances are examined, an excellent score might be one in
which more than two continuances occurred for 5 percent or fewer of the
cases, and an unacceptable score might be one in which more than two
continuances occurred for 25 percent or less of the cases.