Courts
are entrusted with many duties and responsibilities that affect individuals
and organizations involved with the judicial system, including litigants,
jurors, attorneys, witnesses, criminal justice agencies, social service
agencies, and members of the public. The repercussions from untimely court
actions in any of these involvements can have serious consequences for the
persons directly concerned, the court, allied agencies, and the community at
large.
A
trial court should meet its responsibilities to everyone affected by its
actions and activities in a timely and expeditious manner—one that does
not cause delay. Unnecessary delay causes injustice and hardship. It is a
primary cause of diminished public trust and confidence in the court.
Defining
delay requires distinguishing between the amount of time that is and is not
acceptable for case processing. National and statewide authorities have
articulated time standards for case disposition. These standards call for
case processing time to be measured beginning with arrest or issuance of a
summons in a criminal case, or from the date of filing in a civil case.
Overview
of Standards.
The three standards in this performance area draw attention not only to the
prompt resolution of cases, a requirement expressed by Standard 2.1, Case
Processing, but also to the expectation that all trial court functions will
be expeditiously performed, a requirement of Standard 2.2, Compliance With
Schedules. Standard 2.3, Prompt Implementation of Law and Procedure,
emphasizes the importance of expedition and timeliness in anticipating,
adapting to, and implementing mandated changes in law and procedure.
Overview
of Measures. The 10 measures for
this area’s three standards assess how promptly the court processes cases,
files required reports, and implements new legal and procedural changes.
Because of the diversity of activity examined under the three standards, a
wide range of measurement techniques are employed. Yet, in many cases, data
collection can be coordinated with other measures and many of the measures
associated with Standard 2.1 will be familiar to judges and court managers.
Information
from individual case files or automated records is required to complete most
measures for Standard 2.1. For example, calculating the time to disposition
and the age of pending cases requires access to case status and the dates of
key events. Information on the number of times a case was set for trial is
needed to determine the certainty of trial dates in the progression of cases
through the system.
To
measure compliance with Standard 2.2, a variety of records maintained by the
court are compared with recognized filing requirements. Patterns of
completeness must also be evidenced as a condition of meeting these
measures. Financial records, records of court-initiated services (e.g.,
court-appointed counsel, interpreters) and required statistical reports are
considered. Recognizing that not all information flows through written
channels, an information request simulation provides an opportunity for the
court to assess how quickly and accurately it responds to inperson
information requests from the public.
The
court must not only promptly disburse information when it is requested, it
must also promptly conform its operation to meet new requirements of law or
procedure. Two measures for Standard 2.3 provide opportunities for reviewing
records or interviewing individuals affected by these changes in order to
assess the court’s pattern of adopting changes based on new requirements.