NCJ Number
67886
Date Published
1980
Length
99 pages
Annotation
A REPORT PREPARED BY THE NATIONAL CENTER FOR STATE COURTS FOCUSING ON THE PROBLEMS OF VOLUME AND DELAY IN THE COLORADO COURT OF APPEALS IS PRESENTED; REPORT APPLICABILITY TO OTHER JURISDICTIONS IS EMPHASIZED.
Abstract
THE REPORT, PART OF A SERIES OF 11 SUCH WORKS, IS THE PRODUCT OF AN EXTENSIVE DATA COLLECTION EFFORT UNDERTAKEN IN AUGUST 1978 AS PART OF A NATIONAL EXAMINATION OF APPELLATE COURT DELAY PROBLEMS. TWO TYPES OF INFORMATION WERE USED FOR THE WORK. THE FIRST TYPE OF INFORMATION IS DESCRIPTIVE AND CONCERNS COURT RULES AND PROCEDURES; IT WAS ACQUIRED THROUGH SITE VISITS TO THE COURT. THE SECOND TYPE OF INFORMATION IS QUANTITATIVE AND DESCRIBES THE COURT'S CASELOAD IN TERMS OF CASE CHARACTERISTICS AND TIME LAPSE IN PROCESSING. THE QUANTITATIVE DATA WERE DERIVED FROM A SYSTEMATIC SAMPLE DRAWN FROM THE COURT RECORDS OF 863 CASES PROCESSED FROM 1975 THROUGH 1976. IT IS CONCLUDED THAT THE PREDECISION PHASES OF THE APPELLATE PROCESS PRESENT PROBLEMS FOR THE COURT. CASES OFTEN EXCEED THE COURT'S MAXIMUM TIME LIMITS FOR FILING BRIEFS, RECORDS, AND TRANSCRIPTS. ATTORNEYS AND TRIAL COURT CLERKS APPEAR TO BE THE PRIMARY SOURCE OF DELAY AT THIS STAGE. TRIAL JUDGES MAY BE CONTRIBUTING TO THE PROBLEM BY NOT CONSISTENTLY FOLLOWING ESTABLISHED POLICIES GOVERNING THE GRANTING OF EXTENSIONS. TIME LAPSE DATA INDICATE THAT THE COURT IS OPERATING EFFICIENTLY AT THE DECISION STAGE. CASES WERE BEING DECIDED, OPINIONS ASSIGNED AND WRITTEN, DECISIONS ANNOUNCED, AND MANDATES ISSUED IN A RELATIVELY SHORT PERIOD OF TIME. IT IS RECOMMENDED THAT THE COURT IMPLEMENT MORE EFFECTIVE POLICIES AND MONITOR FILING PRACTICES MORE CLOSELY. SPECIFICALLY, THE COURT SHOULD CONSIDER RULES WHICH STATE THAT EXTENSIONS FOR FILING NOTICES OF APPEAL, RECORDS, AND TRANSCRIPTS MUST BE GRANTED BY IT RATHER THAN BY TRIAL JUDGES. ELAPSED TIME ATTRIBUTABLE TO THE POSTDECISION PHASE OF THE APPELLATE PROCESS, I.E., FROM DECISION TO MANDATE, WAS GENERALLY LONGER IN THE COLORADO COURT OF APPEALS THAN IN OTHER COURTS EXAMINED DURING THE PROJECT. THEREFORE, THE COURT IS URGED TO REVIEW THOROUGHLY ALL PROCEDURES APPLICABLE AFTER DECISIONS HAVE BEEN RENDERED. IN ADDITION, ESTABLISHMENT OF A CASE TRACKING SYSTEM IS SUGGESTED. FOOTNOTES, TABLES, FIGURES, AND APPENDIXES WITH STUDY DATA ARE INCLUDED IN THE REPORT.