MANAGING CIVIL CASES

One Success Story

Kent BattyKent Batty

and and

Maureen SolomonMaureen Solomon

Characteristics of the Court

JurisdictionJurisdiction SizeSize HistoryHistory Caseload StatusCaseload Status

Jurisdiction

Civil cases with claims > $10,000Civil cases with claims > $10,000 Felony criminal Felony criminal Family law: divorce, paternity, separate Family law: divorce, paternity, separate

maintenance, custody, supportmaintenance, custody, support Lower court and administrative agency Lower court and administrative agency

appealsappeals Juvenile and probate cases in a separate Juvenile and probate cases in a separate

courtcourt

Size

35 judges, 6–9 referees (family law)35 judges, 6–9 referees (family law) Roughly 500 employees, about 300 Roughly 500 employees, about 300

involved in child support enforcementinvolved in child support enforcement Wayne County (Detroit) – about 2 m. Wayne County (Detroit) – about 2 m.

people in the 80speople in the 80s Judges had combined civil and family law Judges had combined civil and family law

calendarscalendars Recorder’s Court Recorder’s Court 6–8 judges also rotated onto criminal 6–8 judges also rotated onto criminal

calendars periodicallycalendars periodically

History of delay and backlog problems Hybrid calendaring system since 1966Hybrid calendaring system since 1966 Included in National Center’s Included in National Center’s Justice Justice

DelayedDelayed in 1976 in 1976 Study of civil and criminal case delay in Study of civil and criminal case delay in

18 urban courts18 urban courts Also in follow-up study of civil case Also in follow-up study of civil case

processing in 17 urban courts, produced processing in 17 urban courts, produced in 1985in 1985

At or near the bottom in key measuresAt or near the bottom in key measures

Attempts to improve prior to January 1986

Tried an individual calendar, but without Tried an individual calendar, but without training or preparation => pre-1966training or preparation => pre-1966

Created assignment clerk for managing Created assignment clerk for managing trials on the day of trialtrials on the day of trial

Went back to master Went back to master Then to hybrid with cases individually Then to hybrid with cases individually

assigned until scheduled for trial and assigned until scheduled for trial and assignment clerk to “deal” the trialsassignment clerk to “deal” the trials

Caseload status – January 1986

4-5 years to trial was typical

Little judicial involvement until years after filing => attorney control over the pace of litigation

Lost or misplaced files and documents not uncommon

pleadings not filed for 13+ months at one point

“Trial date certainty was a myth.”

Obstacles to Change, Improvement the Bar the Bar

Spoken issuesSpoken issuesremembered past experiment with ICremembered past experiment with ICfelt abused by experiences with judges felt abused by experiences with judges

in neighboring countyin neighboring countyfeared arbitrariness of judgesfeared arbitrariness of judgesfeared lack of uniformityfeared lack of uniformityfeared loss of incomefeared loss of income

Unspoken issues Unspoken issues many felt, rightfully so, they had control many felt, rightfully so, they had control

of when cases went to trialof when cases went to trial loss of ability to forum shop: use of loss of ability to forum shop: use of

personal relationships with favorite personal relationships with favorite judges or assignment clerkjudges or assignment clerk

the Benchthe Bench Spoken issues

previous failure at ICabandoned after 3 yearsno standard methodologyincluded shifting cases from non-

productive judges to productive oneslack of training, preparation

More judges’ issues

CConcern for knowing how to effectively oncern for knowing how to effectively manage caseloadsmanage caseloads

Concern for how to manage trial calendarsConcern for how to manage trial calendars

Unspoken issuesUnspoken issues loss of ability to hide at trial time, to loss of ability to hide at trial time, to

evade certain casesevade certain cases inability to pick the cases they’d tryinability to pick the cases they’d try

they knew which cases were the they knew which cases were the knotty, difficult onesknotty, difficult ones

under the MC, they could find ways to under the MC, they could find ways to avoid themavoid them

but not under the ICbut not under the IC

the Staffthe Staff Primary case management Primary case management

responsibility shifted from central staff responsibility shifted from central staff to individual judges and their staffsto individual judges and their staffs

Assignment clerk was opposed, but Assignment clerk was opposed, but didn’t fight it openlydidn’t fight it openlyLoss of power, prestige, status within Loss of power, prestige, status within

the court and with the barthe court and with the bar

  

Limited-to-no resistance from judges’ Limited-to-no resistance from judges’ staffsstaffsSeemed to accept that improvements Seemed to accept that improvements

needed to be madeneeded to be made Administrative staff leadership Administrative staff leadership

enthusiastic about changeenthusiastic about change Case management staff also was ready Case management staff also was ready

to see improvementsto see improvements

Other ProblemsOther Problems Total cases filed annually averaged 49,500 Total cases filed annually averaged 49,500

during period of program; about 40% were during period of program; about 40% were civilcivil

Heavy backlog of cases awaiting trial: Heavy backlog of cases awaiting trial: some 1400 were relatively minor – short some 1400 were relatively minor – short trials, not complextrials, not complex

Pending caseloads were high: in 1985, over Pending caseloads were high: in 1985, over 31,000 civil pending, w/ nearly 7000 older 31,000 civil pending, w/ nearly 7000 older than 2 yearsthan 2 years

Strategies

InitiationInitiation First decide if the court should go to ICFirst decide if the court should go to IC Following a delay reduction conference, Following a delay reduction conference,

the Chief Judge said convert in 30 daysthe Chief Judge said convert in 30 days Convinced to take it slow Convinced to take it slow

Past failures as examplePast failures as example Need for study, development, trainingNeed for study, development, training Need to involve and educate barNeed to involve and educate bar

Many judges opposedMany judges opposed Formal planning process institutedFormal planning process instituted

Bar involvementBar involvement Not easily agreed on by benchNot easily agreed on by bench Determined to solicit input re concepts Determined to solicit input re concepts

but not operational detailsbut not operational details Important to overcoming resistance, Important to overcoming resistance,

even to the concept of delay reductioneven to the concept of delay reduction

Some judicial persuasion was neededSome judicial persuasion was needed Strong, focused chief judge(s)Strong, focused chief judge(s) Wanted a common process but knew Wanted a common process but knew

not everything could be achieved by not everything could be achieved by consensusconsensus

Judges in early phases would have Judges in early phases would have much to say about how the system much to say about how the system would functionwould function

Need for uniformity to be given priorityNeed for uniformity to be given priority

Bench/Bar Docket Review CommitteeBench/Bar Docket Review Committee 14 members, equally split among bench 14 members, equally split among bench

and barand bar chaired by CJchaired by CJ staffed by administrative leadershipstaffed by administrative leadership it was to find means of reducing delay it was to find means of reducing delay

and recommend changes to the CJand recommend changes to the CJ but had specific charge to study the ICbut had specific charge to study the IC

Use of goalsUse of goals ABA standards adopted by court ABA standards adopted by court

leadership as the aspirationleadership as the aspiration Initial goal was only to make significant Initial goal was only to make significant

reductions in cases over 2 yearsreductions in cases over 2 years Then target dates for achieving a certain Then target dates for achieving a certain

level of pending caseslevel of pending cases Later goals addressed individual case Later goals addressed individual case

types (divorces, e.g.)types (divorces, e.g.) Finally a target pending caseload per Finally a target pending caseload per

judgejudge

Special effort focused on reducing the Special effort focused on reducing the backlog backlog Separated the shorter trial, simpler Separated the shorter trial, simpler

cases from the restcases from the rest 1400 cases said to be awaiting trials of 1400 cases said to be awaiting trials of

less than 3 daysless than 3 days volunteer judges assistedvolunteer judges assisted

Pilot projectPilot project Original CJ convinced that it should be Original CJ convinced that it should be

randomly selected, w/10 judgesrandomly selected, w/10 judges Successor CJ said, “No…we need this Successor CJ said, “No…we need this

to succeed…handpick 7 judges (20% of to succeed…handpick 7 judges (20% of bench).”bench).”

Looked to create a standardized Looked to create a standardized approach that allowed for varying skills approach that allowed for varying skills among judgesamong judges

Changes had to be able to survive the Changes had to be able to survive the intense scrutiny and skepticism during intense scrutiny and skepticism during transition and be sustainable over timetransition and be sustainable over time

11stst pilot (phase 1) judges shaped the pilot (phase 1) judges shaped the operational details of the IC; gave it operational details of the IC; gave it credibilitycredibility

Important Concepts Developed

Introduction of DCMIntroduction of DCM Use of 3 pre-set tracks: all targeted to Use of 3 pre-set tracks: all targeted to

dispositions w/in ABA guidelinesdispositions w/in ABA guidelines 44thth track: free-form track: free-form

Experiment with scheduling conferenceExperiment with scheduling conference One before response deadline; one afterOne before response deadline; one after

Concepts…

Day-backward, day-forwardDay-backward, day-forward Demarcation point for new systemDemarcation point for new system Different for each group/phaseDifferent for each group/phase Day backward = special processing of Day backward = special processing of

pending casespending cases Day forward = the new approachDay forward = the new approach

Focus on simple statisticsFocus on simple statistics Line graphLine graph Tables showing judges’ pending cases Tables showing judges’ pending cases

ranked by compliance with time ranked by compliance with time standardsstandards

TrainingTraining Began with fundamental principlesBegan with fundamental principles Then general case management and Then general case management and

specific details of managing individual specific details of managing individual calendarscalendars

Emphasis on interactivityEmphasis on interactivity Used consultants in early sessions Used consultants in early sessions As system took hold, used 3CC judges As system took hold, used 3CC judges

and staff as trainersand staff as trainers

DocumentationDocumentation