NCJ Number
15023
Editor(s)
G R WINTERS
Date Published
1971
Length
208 pages
Annotation
A SURVEY OF CURRENT THINKING ON THE CAUSES OF COURT CONGESTION AND DELAY AND THE MEANS WHICH CAN BE EMPLOYED TO ALLEVIATE OR ELIMINATE THESE PROBLEMS.
Abstract
THE FIRST SECTION OF THE READINGS CONSISTS OF SEVEN ARTICLES FOCUSING ON THE CAUSES OF CONGESTION AND DELAY. AMONG THE CAUSES IDENTIFIED AND EXPLORED ARE PROCEDURAL DEFICIENCIES, A SHORTAGE OF TRAINED TRIAL LAWYERS, TOO LITTLE JUDICIAL INTEREST AND CONTROL AND A GENERAL UNWILLINGNESS ON THE PART OF BENCH, BAR, AND LITIGANTS TO ACCEPT THE NEEDED REFORMS. FIFTEEN ARTICLES ARE INCLUDED WHICH PRESENT VARIOUS PROPOSALS FOR ATTACKING THE PROBLEM OF DELAY AND CONGESTION. THESE ARTICLES DISCUSS COURT REORGANIZATION AND IMPROVEMENTS IN ADMINISTRATION, THE USE OF PARA-PROFESSIONALS, THE ROLE OF STATISTICAL ANALYSIS, IMPROVEMENT IN COURT PERSONNEL AND PROCEDURES, THE USE OF PRE-TRIAL CONFERENCES, IMPROVEMENTS IN CALENDARING, INCREASING THE NUMBER AND QUALITY OF TRIAL LAWYERS AND UTILIZING ARBITRATION AND SETTLEMENT PROCEDURES. THE FINAL ARTICLES OF THE VOLUME FOCUS ON TWO CURRENT PROPOSALS FOR ALLEVIATING CONGESTION AND DELAY WHICH DESERVE SPECIAL ATTENTION. THREE ARTICLES DISCUSS THE USE OF THE COMPUTER AS AN AID TO COURT ADMINISTRATION AND FIVE ARTICLES CONSIDER THE USE OF NOFAULT AUTOMOBILE INSURANCE TO REDUCE THE LEVEL OF PERSONAL INJURY LITIGATION WHICH BURDENS THE COURTS. THE VOLUME CONCLUDES WITH A SELECTED BIBLIOGRAPHY TO FACILITATE FURTHER RESEARCH ON COURT CONGESTION AND DELAY. (AUTHOR ABSTRACT)