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Published byWilla Thompson Modified over 9 years ago
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1 Establishing the Frame of Reference Presentation by: Gary Krcmarik and Judge Ronald Taylor
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2 Caseflow Management Definition: Coordination of court processes and resources to move cases timely from filing to disposition regardless of the type of disposition Goal: Creation of a predictable system that sets expectations and helps assure that required action is taken
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3 Caseflow Management By: Creation of case events but most importantly management of the time between events Times must be long enough to allow preparation but short enough to encourage preparation Providing certainty that events will occur as scheduled
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4 Three Axioms Regarding Lawyers and Case Management 1.Lawyers settle cases…. not judges 2. Lawyers settle cases when prepared 3. Lawyers prepare for significant events
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Possible Criminal Case Disposition Points Every Appearance is a Meaningful Opportunity to Dispose of the Case Or Make Significant Progress Toward Disposition Screening Initial Appearance Prelim Hearing/Grand Jury Information/Indictment Superior Court Arraignment Case Management Conference Settlement Conference Pre Trial Conference Trial Date
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6 ORIGINAL FELONY SURVIVAL PROFILE Day 1 ARRAIGNMENT (97% PROCEED & TRIAL DATE SET) Day 90 READINESS CONFERENCE (44% proceed) (continuances) 53% disposed of at or before conf. TRIAL DATE Day 120 TRIAL (6%) Day “Who Knows”
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7 FELONY PROFILE AFTER ENHANCED CASEFLOW MANAGEMENT “Same Justice Earlier” *** Day 1 ARRAIGNMENT (95% of cases proceed) Day 7 DISPOSITION AND MOTIONS SETTING CONFERENCE (34% proceed) Day 35 TRIAL SETTING CONFERENCE (21% proceed) Day 61 TRIAL DATE (12% proceed) TRIAL (7%) 61% dispo at or before conference 7% dispo after motions heard 9% dispo before trial date 5% plead on TD **** Trial rate doesn’t change. All those who want a trial get one. Day 28 MOTIONS HEARD (27% proceed) 6% dispo at or after TSC
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8 Techniques for Successful Criminal Case Management Arrest reports supplied promptly Possible delays due to wait for outside agencies to provide lab results Realistic charging by prosecutor Prompt filing of charging documents Early exchange of discovery Every event (including arraignment) is a meaningful opportunity for disposition
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9 Techniques for Successful Criminal Case Management continued Court attention, of a case management nature, at the earliest opportunity Future meaningful action dates always assigned Enforced deadlines Case screening for complexity by court, prosecutor, defense
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10 Techniques for Successful Criminal Case Management Realistic plea offers early “The Deal” doesn’t get better Early disposition of motions Firm Trial Dates set only in cases that need them Restriction of continuances to exceptional cause continued
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