Fall 2017 FINAL-Summer 2017 Gavel | Page 21

In a workable system, for example, the public defender does not need to be in two places at once. The sheriff has the court schedule and can plan coverage and travel accordingly. Because resource schedules do not conflict, even a limited number of support staff can effectively administer a moderately-sized court and docket. Under this system, scheduling is managed by court staff and not the parties. Scheduling conflicts can be moved to the next pre- determined time slot where needed resources will be available. The cases essentially schedule themselves. Any “downtime” is not shared by the court, which has other cases scheduled. A court is able to adjust to fluctuations in case filings. For example, courts may see multiple criminal jury trials set for the same week. By the date of trial, almost all of the cases will settle, but ample time exists for cases needed to be tried. To begin building a workable system, start with these steps: First, list the resources needed for each type of hearing in your court. For example: Criminal Jury Trial • 1 judge • 1 court reporter • 1 clerk • Appropriate jury courtroom • Sheriff ’s deputies • State’s attorney • Defense counsel • Defendant • Witnesses • Jurors • Bailiffs Mental Health Hearing • 1 judge • 1 court reporter • ITV courtroom • Ability to transport from/to hospital • State’s attorney • Public defender • Respondents • Sheriff ’s deputies • Doctors – (4 different hospitals) After completing the list for each of your hearing types, list the total resources actually possessed by your district. For example: Quantity available within Court System Resource Judges 9 Court reporters 10 Judicial referees 2 Secure jury courtrooms 2 Secure jury courtroom w/ ITV capability 1 Non-secure courtroom with ITV 1 Non-secure jury courtroom with ITV 1 Standard jury courtrooms 3 “Bench-only” courtrooms 2 Remote county courthouses 2 Public defenders (main courthouse) 8 Public defender (for both remote courthouses) 1 2 Ultimately, the goal is to build a scheduling framework, based on the availability of the resources, by using the newly-created need/have lists to avoid resource pinch points. A Capable System The concept of capacity is closely related to functionality. Capacity in the judicial sense is not determined merely by the number of cases a court can hear at a time, capacity must also be measured by how many cases can be scheduled and resolved in a timely manner. Every judicial district is faced with a never-ending stream of cases. A capable court system is able to maximize the number of cases it schedules, hears, and disposes of, within the availability of limited court staff and other resources. The dates a court sets must be so likely to occur that the parties consider them to be “certain.” The court needs to use the fewest number of days to resolve the most possible number of cases. A “capable” case resolution system must accomplish three things: (1) the system must be capable of scheduling all the necessary events; (2) the system must be capable of hearing all necessary events; and (3) the system must account for the capacity of all necessary resources. As with functionality, capacity can be aided by the authority of the court to set the rules regarding time and scheduling and empowering court staff to maintain the system. For example, if a criminal case is to be completed in 180 days, every new case must be placed on a path to be completed well within that timeframe. A capable system creates certainty and is able to handle fluctuations in case load. For example, consider any one specific case type. Let us assume for every one hundred cases of this type, experience says on average only one will go to trial. There are not enough days in the year with your other work to schedule each of the one hundred cases to its own individual trial day. Worse yet, even if you could, on average 99 percent of these event slots would be wasted, along with your allocated resources, when those cases settle. Unknown, however, is which one of the hundred cases will actually go to trial and which ones will settle. What do you do? What if, by chance, two cases go to trial? Maintaining the system’s capacity to hear all necessary events depends on balancing between the number of cases the court needs to set and the number of cases a court traditionally hears. A capable system will provide for more capacity than is historically needed – possibly several times more. Over the course of a year, more than enough times will exist to handle all unsettled cases, but the court maintains a limit on the times it schedules hearings. When done correctly, even a substantial fluctuation in dockets can be handled without any changes to the system. Litigants will need to treat their scheduled dates as “certain” because of the high likelihood the court will get to their case. Finally, a capable system accounts for and conserves the capacity of all other necessary resources. To help determine the necessary capacity for your situation, list the different types of proceedings you SUMMER 2017 21