BJA/AU Criminal Courts Technical Assistance Project Differentiated Case Management in the General and Limited Jurisdiction Court Settings Presentation by: Judge Ronald Taylor Improving Criminal (and Civil) Case Management

BJA/AU Criminal Courts Technical Assistance Project Differentiated (Differential) Case Management (DCM) Questions We’ll Discuss Today: What Is It? What Is It? What Does It Do For Me? What Does It Do For Me? How Does It Work? How Does It Work? What Are the Short-Term and Long-Term Benefits? What Are the Short-Term and Long-Term Benefits?

BJA/AU Criminal Courts Technical Assistance Project Definition of DCM “A system of screening and differentiation of newly filed cases designed to provide individual case management, predictable processing, fair and timely disposition and a just result.” “A system of screening and differentiation of newly filed cases designed to provide individual case management, predictable processing, fair and timely disposition and a just result.”

BJA/AU Criminal Courts Technical Assistance Project Premise of DCM Because cases differ substantially in the time required for a fair and timely disposition, not all cases make the same demands upon judicial system resources. Because cases differ substantially in the time required for a fair and timely disposition, not all cases make the same demands upon judicial system resources. Thus, they need not be subject to the same processing requirements. Thus, they need not be subject to the same processing requirements.

BJA/AU Criminal Courts Technical Assistance Project DCM Methodology Incoming cases screened and assigned to one of several processing categories (“Tracks”). Incoming cases screened and assigned to one of several processing categories (“Tracks”). Impose distinctive timetables, intermediate events, deadlines and disposition rates depending on pre-established criteria. Impose distinctive timetables, intermediate events, deadlines and disposition rates depending on pre-established criteria.

BJA/AU Criminal Courts Technical Assistance Project What Could DCM Do For Me? More effective and efficient use of system resources; More effective and efficient use of system resources; More predictable and efficient case disposition; More predictable and efficient case disposition; Better quality of justice; Better quality of justice; Improved interagency cooperation; Improved interagency cooperation; Improved public and attorney perception of the Court; Improved public and attorney perception of the Court; Possible reduced jail utilization and overcrowding; Possible reduced jail utilization and overcrowding; Possible cost savings. Possible cost savings.

BJA/AU Criminal Courts Technical Assistance Project Major Strengths of DCM Standard criteria, to which everyone can refer, for assessing complexity; Standard criteria, to which everyone can refer, for assessing complexity; Lawyers must focus on case characteristics, strengths and weaknesses early through the process of nominating the cases for a track; Lawyers must focus on case characteristics, strengths and weaknesses early through the process of nominating the cases for a track; Instead of referencing deadlines to the disposition time standards, deadlines are established sequentially based on assessed needs of the case; Instead of referencing deadlines to the disposition time standards, deadlines are established sequentially based on assessed needs of the case; “How much time DOES this case need for a just disposition?” instead of “How much time CAN we spend on this case?” “How much time DOES this case need for a just disposition?” instead of “How much time CAN we spend on this case?” Facilitates setting trial dates later in the process. Facilitates setting trial dates later in the process.

BJA/AU Criminal Courts Technical Assistance Project Critical DCM Planning Issues Defining Tracks to be Used: Defining Tracks to be Used: Caseload Analysis Results – Distinguishing Characteristics; Caseload Analysis Results – Distinguishing Characteristics; Determining procedures/events/deadlines of Differentiation; Determining procedures/events/deadlines of Differentiation; Determining number and type of system tracks; Determining number and type of system tracks; Determining degree of Court supervision necessary to operate each track; Determining degree of Court supervision necessary to operate each track; Ongoing review/revision of tracking criteria. Ongoing review/revision of tracking criteria.

BJA/AU Criminal Courts Technical Assistance Project Critical DCM Planning Issues (cont.) Case Screening: Case Screening: Necessary information and method of acquisition; Necessary information and method of acquisition; Who will do the actual screening and classification? Who will do the actual screening and classification? When will cases be screened? When will cases be screened?

BJA/AU Criminal Courts Technical Assistance Project Critical DCM Planning Issues (cont.) Track Assignment: Track Assignment: When will track assignment take place? When will track assignment take place? Who will make track assignments? Who will make track assignments? Degree of Attorney input and how obtained; Degree of Attorney input and how obtained; Notification of track assignment; Notification of track assignment; Availability of Attorney dispute of track assignment. Availability of Attorney dispute of track assignment.

BJA/AU Criminal Courts Technical Assistance Project Critical DCM Planning Issues (cont.) Case Management: Case Management: Necessary management functions for monitoring case progress; Necessary management functions for monitoring case progress; Role of automated information system; Role of automated information system; Staff roles; Staff roles; Judicial role. Judicial role.

BJA/AU Criminal Courts Technical Assistance Project Critical DCM Planning Issues (cont.) Program Assessment: Program Assessment: Goals and Objectives of the Program; Goals and Objectives of the Program; Monitoring progress toward goals of program; Monitoring progress toward goals of program; What information necessary to measure? What information necessary to measure? How information will be gathered; How information will be gathered; Nature of periodic reports; Nature of periodic reports; Who should receive progress reports? Who should receive progress reports? Use of progress reports; Use of progress reports; Mechanisms of necessary future modifications to program. Mechanisms of necessary future modifications to program.

BJA/AU Criminal Courts Technical Assistance Project Critical DCM Planning Issues (cont.) Interagency Coordination and Cooperation: Interagency Coordination and Cooperation: Who is responsible for monitoring coordination? Who is responsible for monitoring coordination? What information is necessary for monitoring? What information is necessary for monitoring? Procedures necessary to increase/enhance coordination and cooperation. Procedures necessary to increase/enhance coordination and cooperation.

BJA/AU Criminal Courts Technical Assistance Project Simple Three-Track Criminal DCM Program Purpose of System: To assign cases to processing tracks by balancing the relative degree of complexity against established priorities as agreed between Court and counsel: Purpose of System: To assign cases to processing tracks by balancing the relative degree of complexity against established priorities as agreed between Court and counsel: “A” Track (Fast Track): Cases characterized by high established priorities and low to medium amount of complexity. No more than 90 days from initial appearance to disposition by trial (if needed); “A” Track (Fast Track): Cases characterized by high established priorities and low to medium amount of complexity. No more than 90 days from initial appearance to disposition by trial (if needed); “B” Track (Medium or Normal): Cases not in either track “A” or “C”. Disposition by trial within 150 days of initial appearance; “B” Track (Medium or Normal): Cases not in either track “A” or “C”. Disposition by trial within 150 days of initial appearance; “C” Track (Complex): Cases having low priorities and/or medium to high amount of complexities. Disposition by trial within 210 days from initial appearance. “C” Track (Complex): Cases having low priorities and/or medium to high amount of complexities. Disposition by trial within 210 days from initial appearance.

BJA/AU Criminal Courts Technical Assistance Project Priority Complexity LowMediumHigh LowBCC MediumBBB HighAAB Simple Three-Track Criminal DCM Program (cont.): Matrix Example

BJA/AU Criminal Courts Technical Assistance Project EventA(Expedited)B(Normal)C(Complex) Supplemental Filings Preliminary Transcript Filing Name added Witnesses Discovery Completion File Procedural Motions Filing Substantive Motions Completion- Psych. Review Status Conference Trial (Month) 35 7 to 9 Criminal Scheduling Order Timetable (From first appearance date)

BJA/AU Criminal Courts Technical Assistance Project Event “A” Track (Expedited) “B” Track (Normal) “C” Track (Complex) Additional Parties 1 mo. 1.5 mo. TBD* Physical Exam (if applicable) 3 mo. 4.5 mo. TBD* Notification of Experts 3.5 mo. 5 mo. TBD* Mediation 4 mo. 6 mo. TBD* Depose Experts 5 mo. 6.5 mo. TBD* Rebuttal Experts 5.5 mo. 7 mo. TBD* Close Discovery 7 mo mo. TBD* Settlement Conf. (Approx.) 8 mo mo. TBD* Trial Month (Approx.) 9 mo mo. TBD* Civil Scheduling Order Timetable (From first appearance date) * “C” track cases (Complex): Scheduling to be determined at conference

BJA/AU Criminal Courts Technical Assistance Project ABA Case Management Civil Time Standards 90% of Civil Cases need to be resolved in 12 months 90% of Civil Cases need to be resolved in 12 months 98% of Civil Cases need to be resolved in 18 months 98% of Civil Cases need to be resolved in 18 months 100% of Civil Cases need to be resolved in 24 months 100% of Civil Cases need to be resolved in 24 months 12 90% % Resolved 98% 18 Months to Disposition

Complaint Service* Attorneys Confer (ADR) Case Management Conf. (CMC)** Settlement Conference Comprehensive Pretrial Conf. Trial Answer **The first case management conference is set 10 to 45 days after the date the answer is filed depending upon the complexity of the case. CMC (2+) *If proof of service is not filed within 60 days a letter is sent to plaintiff regarding placing case on the inactive calendar. Civil Case Reverse Telescope

BJA/AU Criminal Courts Technical Assistance Project ABA Standards: Caseflow Management and Delay Control “A strong judicial commitment is essential to reducing delay and, once achieved, maintaining a current docket.”* “A strong judicial commitment is essential to reducing delay and, once achieved, maintaining a current docket.”* “To enable just and efficient resolution of cases, the Court, not the lawyers or litigants, should control the pace of litigation.”* “To enable just and efficient resolution of cases, the Court, not the lawyers or litigants, should control the pace of litigation.”* From commencement of litigation to its resolution, whether by trial or settlement, any elapsed time other than reasonably required for pleadings, discovery and court events, is unacceptable and should be eliminated.”* From commencement of litigation to its resolution, whether by trial or settlement, any elapsed time other than reasonably required for pleadings, discovery and court events, is unacceptable and should be eliminated.”* Standards Relating to Trial Courts – American Bar Association, 1985 *Emphasis added

BJA/AU Criminal Courts Technical Assistance Project General Caseflow Standards Early and Continuous judicial supervision of case progress Early and Continuous judicial supervision of case progress Assurance of credible hearing/trial dates Assurance of credible hearing/trial dates Control of continuances Control of continuances Time standards for both time to case disposition and times between key events Time standards for both time to case disposition and times between key events Information systems to support case management Information systems to support case management Continuous consultation with Bar and criminal justice agencies Continuous consultation with Bar and criminal justice agencies Improving Criminal Caseflow – Maureen Solomon, BJA 2008

BJA/AU Criminal Courts Technical Assistance Project DCM – Key Elements Analysis of caseload (existing and predicted) Analysis of caseload (existing and predicted) Establishment of criteria for differentiation (priorities – complexities) Establishment of criteria for differentiation (priorities – complexities) Establishment of processing paths (“Tracks”) Establishment of processing paths (“Tracks”) Creation of appropriate Scheduling Orders based on screening of intake Creation of appropriate Scheduling Orders based on screening of intake Monitoring of case progress Monitoring of case progress Adjustment of track assignment, scheduling and criteria as necessary to accommodate future needs Adjustment of track assignment, scheduling and criteria as necessary to accommodate future needs Monitoring of results Monitoring of results