Treisman on court delays
Court congestion and jail overcrowding will not be significantly eased by any act of a single Judge. These are systemic problems that arise from limited and uneven staffing, failure to recognize the interplay between different departments and the reality of limited funding and resources. I am pleased that in recent years there has been more recognition of this system wide and integrated approach. But there is still little planning and dialogue between the departments as each acts and reacts to the proposed solutions of the other. And, we remain unable to plan into the future as budgets are set on an annual basis rather than longer term.
That said, one Judge can affect the efficiency in a courtroom. Keeping the hours needed to get the job done and accommodate the needs of attorneys racing to hearings in many courts is a necessary step. Being willing to discuss cases prior to the date of the hearing will also be helpful, in spite of placing an additional burden on Judges to keep notes and memorialize discussions and negotiations. Flexibility of this sort, however, will drive home the expectation that the Judge is willing to put in the effort necessary and the attorneys are expected to do the same. Fewer continuances will be needed to consider offers or issues if they have been discussed prior to the court date.
But the greatest progress toward efficiency will be made through dialogue with the other involved departments on a regular basis. The needs and expectations of the various departments can be heard and progress can be designed, as perceived impediments are eliminated or accommodated, for a more efficient systemic approach. This could include meeting with State leaders and advocating for long term budgets and planning in our essential services branches, including the judiciary and public safety. This type of planning is needed at every level of government but would be particularly helpful where essential services are concerned. Better planning will lead to greater stability and better use of resources.