Fall 2017 FINAL-Summer 2017 Gavel | Page 20

By Hon . Frank L . Racek , Presiding Judge , East-Central Judicial District and Matthew Dearth , J . D ., Law Clerk , East-Central Judicial District

Introduction

North Dakota district courts annually have over 159,000 new case filings . 1 Another 26,000 cases are reopened . What are some of the keys to managing such a docket with 51 general jurisdiction judges , five referees , and declining court staff ? What role do judges have in managing their caseloads ?

Successful docket management requires an organized system of case resolution . Timely case resolution reduces unnecessary delay and cost to the court and litigants . It is necessary to meet the court ’ s mission of “ fair and timely resolution of disputes .” By having the court control the pace of litigation , judges can reduce the lifespan of a case to a level that allows for timely disposition , while being able to respond to the ongoing surprises of modern litigation . Over time , the size of the court ’ s docket will shrink as cases are more timely heard and resolved .

In constructing a system for timely case resolution , a judge ’ s role is to set the parameters of the system . The implementation is left to administrators , clerks , staff attorneys , and court reporters . When properly implemented , the system has the ability to run itself , allowing judges to focus only on matters requiring the judge ’ s attention .

A system of timely case resolution has four essential components . The system should be : ( 1 ) workable ; ( 2 ) capable ; ( 3 ) flexible ; and ( 4 ) effective . Each component works to support the others and one deficient component dramatically reduces the system ’ s overall ability to resolve cases in a timely manner . The details may differ by district or locality , but the essential four components will be part of a successful system . Emphasize the use of personal initiative , shared workload , and division of labor within every case management structure . Get the “ system ” to do the work , so that individuals within the system are free to focus on their respective tasks .

A Workable System

In the context of case management , a workable system is one that clearly delineates the path and process for cases , from the initial filing point through to final disposition . When a case is first filed with the court , the system provides for its assignment , scheduling deadlines , and expected time of disposition . Scheduling cases and assigning judges provides notice to the parties of the court ’ s intention to “ move the case along ,” removing unnecessary expense and delay .

A workable system is built around the principle of eliminating any bottlenecks that hamper effectiveness . Often the performance of the entire court system is limited by a small number of resources that must be available and coordinated for a case to move forward . These “ pinch-points ” are created around the availability of needed resources , including :

This list is not exhaustive . When one or more of these resources are necessary , but unavailable , the result is a delay in case resolution .

As an example , consider a situation where a criminal motion is scheduled for hearing . The defendant and his court-appointed counsel must be present . At the same time , in a different courtroom , a second judge schedules the same public defender to appear in an unrelated case . Counsel cannot be at two places at the same time , and so one judge must inevitably yield and reschedule the hearing . But now someone must also re-coordinate court staff , court security , jail transportation , counsel , and other necessary resources . The lack of a functional case management system will perpetually result in these unnecessary delays that clog the court .

Contrast this with a systematically functional system . Now the court has a formal scheduling procedure , based on availability of needed resources . Events are scheduled into time slots set aside for specific case types , determined by required resources . Judges now each have a time and place suitable for their assignments every day . Such a system is designed to eliminate pinch points and empower the court staff to keep cases moving by knowing when and how each type of case is to be scheduled .

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