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Bar News - April 20, 2001 Caseload Management To Be a Focus of Supreme Court Review By: Lisa Sandford The upcoming analysis of court operations by the National Center for State Courts is the latest initiative to help improve the NH Supreme Court’s management of its caseload. According to Supreme Court statistics, the court’s caseload has increased markedly in the last 30 years. In the early 1970s, about 100 appeals were filed annually. In 1997, there were more than 900 filings. The average time for disposing of a case doubled from one year to two between 1990 and 1996, and according to Supreme Court Chief Justice David A. Brock, there are no signs that the caseload will slow. Last year’s impeachment investigation and trial created a serious case backlog in the Supreme Court (see graph, page 1) that court staff has recently tackled—there has been "an intense effort…to clear the docket of the backlog of cases that developed," according to the court. Brock said that in the last five months, the court has issued 121 written opinions and cleared from its docket a total of 173 cases that had been fully briefed from the parties and, in most cases, heard in oral argument before the court. Other measures that the court has put in place to address its case backlog include a streamlined process for accepting cases, which was instituted in April 1999. The Supreme Court formerly used a process in which justices individually decided which cases to accept. The court now uses weekly screening conferences in which all the justices meet to determine the list of cases accepted. The change has markedly reduced the time it takes for the court to reach a screening decision, according to Howard Zibel, clerk of the Supreme Court. The court also initiated the "3JX" or "Rocket Docket" beginning in December for cases that the court believes do not require a written opinion. (See 3JX orders.) These cases are heard before three justices with five minutes of uninterrupted oral argument on each side, with any questions from the justices to follow. The cases are resolved by written order of the court, and must be by unanimous decision. If there is a split among the justices, or if they believe, after argument, that the case should be resolved by written opinion, the case is referred to the full court. It is given priority for rescheduling. The court has heard 38 3JX arguments since the program began. Orders have been issued in all cases argued in December, January and February. Of the 11 cases argued in March, orders have so far been issued in four. Brock said that through the NCSC review of court operations and the other initiatives already in place, he is "committed to leading this court toward improvement of constituent services." "The consultant’s report should provide the Supreme Court with a blueprint for improvements," he said. "[We] support an independent assessment of how we do our work. We want to make sure that we are doing the best job that we can for the people of New Hampshire." The NCSC is a resource for state courts seeking to improve the administration of justice. As an NCSC court management consultant, Penelope Wentland has conducted similar court operations audits for the Wisconsin and Nevada Supreme Courts and for the Louisiana Court of Appeals. She said that the review is a good opportunity for the NH Supreme Court to take a close look at its operations and determine how it can be more responsive to those who use the court. "Everyone is stepping back and saying, ‘We’ve been at this a long time. How can we do it better?’" Wentland said. She added that it is also an opportunity for newer members of the court to offer input on how the court operates. The audit is expected to be funded by a $30,000 grant from the State Justice Institute, a non-profit organization established by the federal government to help improve the quality of justice in the state courts. An additional $6,000 for technical assistance will be available from the NCSC.
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