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Volume and Delay in the Oregon Court of Appeals

NCJ Number
82043
Author(s)
J A Martin; E A Prescott
Date Published
1980
Length
92 pages
Annotation
Findings and conclusions are presented from an analysis of case volume and delay in the Oregon Court of Appeals.
Abstract
The Oregon Court of Appeals was found to be operating efficiently in the years of the study (cases filed in 1975-76). Generally, arguments were scheduled and heard, cases decided, opinions written, decisions announced, and mandates issued within a relatively short time. This was due in part to the clear articulation and strict enforcement by the court of rules governing the filing of all relevant appeal case materials. Further, unlike many appellate courts, the Oregon Court of Appeals has control of its caseload during all phases of the appellate process. The Oregon court system also uses computer technology and tape recording equipment, which has expedited the processing of appeals. Judges sitting on the court perceive the court's role as correcting error rather than setting precedent, which is seen as the function of the supreme court. This eliminates the time-consuming process of developing substantive law. Other factors that have helped produce efficiency in caseload handling are (1) regular and comprehensive use of 'tickler' mechanisms to spot filing delinquencies immediately, (2) the court's heavy reliance on simplified time-saving procedures, (3) the high degree of collegiality within the court, (4) the frequent interaction and cooperation between the court of appeals and the supreme court, and (5) dedicated court leadership committed to speedy case processing. Appended are graphic and tabular data from the analysis and a framework for examining delay in appellate court systems.