ADVANCING JUSTICE: A Priority of the Idaho Supreme Court

Presented to the Idaho Institute for Court Management October 25, 2011 Boise, Idaho
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The Idaho Supreme Court

Mission Statement of the Idaho Courts

Provide Access to Justice, Through the Timely, Fair, and Impartial Resolution of Cases.

WHAT IS ADVANCING JUSTICE?

Fundamental commitment to provide timely justice. Involves a top to bottom systems review. Includes a critical evaluation of existing time standards. Includes an assessment of how judges manage their caseloads.

Other aspects of the Advancing Justice effort include:

Judicial education and training Data and technology
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One of Many Important Roles of Clerks in Advancing Justice

Data entry drives internal court functions. Court data drives local, state, and federal funding decisions. Performance Measure Reports are a "public record of a writing containing information relating to the conduct or administration of the publics business. I.C. 9-337(13).

WHAT IS CASE FLOW MANAGEMENT?

Definition and Context

Increasing the trial judges control over the timing of a case to prevent unnecessary delay. 2009 Institute for the Advancement of the American Legal System. Caseflow Management denotes supervision or management of the time and events involved in the moving of a case through the court system from the point of initiation to disposition, regardless of the type of disposition Solomon and Somerlot

Emphasis is on management, that is, the active oversight of case progress by the court.
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The Critical Role of Judges

According to the ABAs Standards Relating to Court Delay Reduction: From the commencement of litigation to its resolution, whether by trial or settlement, any elapsed time other than reasonably required for pleadings, discovery and court events, is not acceptable and should be eliminated. To enable just and efficient resolution of cases, the court, not the lawyers or litigants, should control the pace of litigation. A strong judicial commitment is essential to reducing delay and, once achieved, maintaining a current docket.

Caseflow Management is also A National Priority

the reception and processing of cases [should] be as simple and orderly as possible, fair consideration [should] be given to each type of case, and all cases [should] be determined justly, promptly, effectively and efficiently. American Bar Associations Standards Relating to Court Organization Fair and expeditious dispute resolution processes, accessible to all, are the foundation of justice in a free society. Unnecessary delay undermines public trust in the rule of law, erodes confidence in the court system, and draws into question the efficacy of courts as an institution of government. A National Agenda for Prompt and Affordable Justice in the 21st Century The most salient factor related to faster disposition times in civil and felony cases is early and continuous court control. Unlike court size, case mix, or caseload per judge, the timing and degree of control over caseflow is largely within the control of the court. A Pace of Litigation in Urban Trial Courts

In summary
Efficiency and fairness are not mutually exclusive. Effective case flow management is not about speed just for the sake of speed. It is about removing unnecessary delay while protecting the rights of individual litigants. Effective caseflow management promotes justice on both the individual and systemic level by helping to ensure every litigant receives procedural due process.
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NACMs Core Competency Project

CASEFLOW MANAGEMENT ITS THE LAW IN IDAHO

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CONSTITUTION OF THE STATE OF IDAHO ARTICLE I: DECLARATION OF RIGHTS

Section 18. Justice to be freely and speedily administered. Courts of justice shall be open to every person, and a speedy remedy afforded for every injury of person, property or character, and right and justice shall be administered without sale, denial, delay, or prejudice.

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Idaho Rules of Civil Procedure Rule 1(a). Scope of rules.These rules shall be liberally construed to secure the just, speedy and inexpensive determination of every action and proceeding.

Idaho Criminal Rules

Rule 2. (a) Purpose and construction. These rules are intended to provide for the just determination of every criminal proceeding. They shall be construed to secure simplicity in procedure, fairness in administration and elimination of unjustifiable expense and delay.

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IDAHO JUDICIAL CANONS

CANON 3

B. (8) A judge shall dispose of all judicial matters promptly, efficiently and fairly and shall comply with all constitutional and statutory provisions and court rules concerning timeliness of decisions and salary affidavits.

Specifically applicable to Administrative District Judges: C. (3) A judge with supervisory authority for the judicial performance of other judges shall take reasonable measures to assure the prompt disposition of matters before them and the proper performance of their judicial responsibilities.
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Why Now?
Unlike budget years of the past, current economic conditions do not allow us to Human Resource our way out of the problem.

Trial Judges are being required to more aggressively employ proven caseflow management techniques to meet the ever increasing workload.
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Budget: Facts and Figures.

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1- FY2009 Budget was set in March of 2008. 2- September 15, 2008, Lehman Bros. Investment Bank filed largest bankruptcy in US history - Widely considered to be a major role in the global financial crisis. 3- FY2010 Budget was set in March of 2009.

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Emergency Surcharge took affect. April 2010

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Possible Impact of the loss of the Emergency Surcharge in FY2014

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** The Emergency Surcharge has a sunset clause of June 30, 2013. 17

Judicial workloads continue to grow

District Court civil filings have increased by 30% since 2006, which can largely be attributed to the economic decline.
Domestic Relations cases have risen by 10% since 2006. Increase in number of litigants appearing pro se.
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Increased Workload Extends Beyond Case Filing Numbers

According to Idaho Judges:

There are more time intensive and emotionally demanding cases

cases seem to be more litigious. The majority of cases go to hearing. over the past 10 years, the number of complex cases has increased dramatically. There have been a lot more contested divorces, primarily over custody issuesand an increase in disputed property claims.

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Lets Look at 15 Years Some More interesting statistics

Caseload and Population Trends for Idaho
Totals Percent Increase Between Between Between Total 20001995-2000 2005-2010 Increase 2005 12% 10% 9% 34% 13% 6% 6% 27% 21% 8% 6% 39% 10% 12% 10% 35% 101% 6% 0% 113% 117% 78% -4% 268% 77% 13% -5% 89% 112% 2% 2% 120%

Population Total Caseload Civil Domestic Relations Total Criminal and Infraction Felony Misdemeanor Infraction

1995* 2000 2005 2010 1,163,000 1,299,551 1,425,862 1,559,796 363,572 411,802 434,906 462,936 79,659 96,451 104,322 110,345 10,976 12,108 13,560 14,850 154,657 310,419 329,891 329,171 2,873 6,228 11,082 10,586 49,174 86,899 97,889 92,847 102,610 217,292 220,920 225,738

Budget and Caseload Trends

Caseloads Population Caseloads per capita* Number of Judgeships Caseloads per Judge State general fund budget Judicial general fund budget Judicial budget % of State's budget 1990 385,819 1,006,749 38,323 107 3,606 788,945,800 14,402,100 1.8% 2000 Percent Change 411,802 6.7% 1,299,551 29.1% 31,688 -17.3% 122 14.0% 3,375 -6.4% 1,683,444,800 113.4% 22,506,500 56.3% 1.3% 2010 Percent Change 462,936 12.4% 1,559,796 20.0% 29,679 -6.3% 138 13.1% 3,355 -0.6% 2,506,580,100 48.9% 30,183,200 34.1% 1.2%

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*caseload/population *100,000 Includes reopenings and infractions

Advancing Justice: Expectations of Funders

Courts performing traditional court functions well.

Courts helping to solve social problems (e.g. problemsolving courts).

Effective, competent use of technology. Regular reporting of court performance data.

Consistency in implementation and measurement of court performance.

Transparency and accountability.
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Advancing Justice: Expectations of Court Users

Access to court information.
Timely resolution. Procedural fairness.
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What is Procedural Fairness in This Context?

According to Tom Tyler, leading expert on procedural fairness, people expect:

Neutrality. Respect. The chance to be heard. A trustworthy judge.

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Advancing Justice: Whats In It For Trial Judges?

Elections/Retention.

Public records requests of performance reports.

More time to spend on tasks that only judges can perform. Less stressful work environment. Preserve decisional autonomy. Ward off unwarranted attacks. Ability to assess individual performance and progress. It is the right thing to do.
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Advancing Justice: Whats In It For Court Clerks?

Enhancements to ISTARS. Additional training. More efficiency in case processing. Uniformity in procedures.

Improved working relationships between trial judges and deputy clerks.

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More satisfying work environment.