This
measure is designed to evaluate the age of cases awaiting disposition in
order to establish whether a backlog exists and, if so, to determine its
magnitude.
Planning/Preparation.
To determine the source of data for this
measure, court personnel should identify the best source for information on
the total number of cases pending by designated case types (e.g., docket
sheets, case files) as well as the means for determining the filing dates
for each case so that the age of particular cases can be calculated. The
degree to which case type data are kept by the court will determine the
number of categories to be measured (e.g., some courts may track only
general civil data while others may track specific categories such as tort,
contract, and property).
Data
Collection. The
first task is to compile a list of all pending cases for each case type to
be measured. This list should include, at a minimum, the case number and the
filing date. Next, arrange the cases according to their filing dates,
beginning with the oldest pending case. This arrangement will permit the
determination of how many cases fall within specified age categories (e.g.,
the number of civil cases pending 360 days or more, the number of cases
pending 180 days or more). Form 2.1.3,
Display Tables—Age of Pending Caseload, can be used as a guide to create
tables showing the age of cases in 60-day intervals for civil cases and
30-day intervals for criminal cases. Most courts with automated case records
can obtain the necessary data with the help of a programmer. Courts with
only manual case records have found data collection to be difficult. A court
that has a large number of pending cases and inadequate case record
automation might select a sample of pending cases for purposes of this
analysis (see the planning/preparation section for Measure
2.1.1).
Data
Analysis and Report Preparation.
First, determine the existence and magnitude of a backlog (defined here as
the percentage of pending cases that exceed the maximum disposition time
goal for the case type). Divide the number of pending cases older than a
time standard by the total number of pending cases in that case type: the
larger the percentage, the larger the backlog. If the court has not adopted
time standards, nationally recognized disposition time standards can be used
as to determine the maximum allowable time for processing cases (see the
data analysis and report preparation section for Measure
2.1.1). Because complex cases might require more time than suggested by
these or State disposition time standards, judges should be given the
opportunity to explain why some cases exceed the standards.
