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Examining Court Delay: The Pace of Litigation in 26 Urban Trial Courts, 1987

NCJ Number
121598
Author(s)
J Goerdt; C Lomvardias; G Gallas; B Mahoney
Date Published
1989
Length
144 pages
Annotation
Twenty-six urban trial courts are examined to assess the extent and nature of court delay, with emphasis on the policies and procedures that expedite case processing and the impact of drug-related cases on court delay.
Abstract
Data for the study were collected by the National Center for State Courts from judges, administrators, clerks, and court staff in 26 large urban trial courts. Seven of the 26 courts came close (within five percent) to meeting American Bar Association (ABA) time standards for the disposition of all felony cases within one year of arrest. However, none of the 26 courts was close to meeting the ABA standard that 98 percent of felony cases be disposed of within 180 days of arrest. Civil case data were less encouraging. Only two of the 26 courts came within five percent of meeting the ABA standard that all civil cases should be disposed of within two years of the initial filing of a complaint, and none was able to report that 90 percent of its civil cases were disposed of within one year of filing. Courts that were able to process felony cases relatively fast were also able to process civil cases in good time, suggesting that delay reduction efforts should encompass all cases within a court's jurisdiction. Suggestions for improvement in the disposition of civil and felony cases include early court control and the setting of firm trial dates as well as cooperation among court officials, the private bar, and law enforcement officials. Drug caseload analysis indicated that a higher percentage of drug cases did not cause longer case processing times in 1987, but courts with slow processing times were particularly debilitated by increases in drug cases between 1983 and 1987.