Iowa’s Sixth District judges working to speed up justice

CEDAR RAPIDS - It is becoming less common for lawyers to ask for - or be granted - continuances on trials, as district court judges here take more control of pending trials and more closely scrutinize requests for delays.

The increased focus on expediting the judicial process comes after a court management consultant reviewed the 6th Judicial District's case flow management and made a dozen recommendations.

One recommendation was to have judges more involved in the time between arraignment and pretrial to ensure both prosecutors and defense attorneys are exchanging discovery materials earlier and looking at the possibility of plea agreements in criminal cases or at settlements in civil and family law cases.

Given that almost 99 percent of all cases are settled before going to trial, judges can help expedite the process, making courts more efficient.

That drive for efficiency is necessary because court budgets remain tight, says Carroll Edmondson, court administrator for the 6th Judicial District, which includes Linn, Johnson, Benton, Iowa, Jones and Tama counties.

‘Good cause'

One recommendation was to grant continuances in civil cases only for 'good cause.” Good cause is a sudden medical emergency or death of a party, lawyer or material witness, or facts or circumstances arising late in the process that could affect justice if the trial isn't continued.

Before that 'good cause” policy was adopted in August, two-thirds to three-fourths of civil cases were being continued, Edmondson said. It's now only about one-third.

workflow

The consultant reviewing the district's case flow came from the National Center for State Courts in Williamsburg, Va., a non-profit that supports improvements in state courts.

The court management consultant made 12 recommendations regarding case flow management. The center suggested case management techniques that have been researched and developed over 40 years by the center and other organizations. Many are universal and can be incorporated into any workflow system.

The 6th district faces many of the same issues that other courts across the nation experience in improving timely resolution of cases, according to the center's study.

Chief Judge Patrick Grady agreed with the recommendations but said the district may have different priorities from those suggested.

'Any time changes are made in one area, it usually requires sacrifice in another,” Grady said.

An example is having associate district judges, who mainly handle misdemeanors, also handle lesser felony trials in rural counties like Tama and Iowa, thereby freeing up district judges. However, some defense lawyers handle cases in both associate district and district courts, so while it seems more efficient to have associate judges take those trials, the defense attorneys might not be available.

Overall, Grady said he hopes additional judicial involvement in cases will eliminate hearings or pretrials where nothing significant happens, as the study pointed out.

Sixth District Judge Paul Miller, who is taking the lead on improving the flow of criminal cases, also is suggested judges meet with attorneys before the pretrial hearing to address any issues, look at plea possibilities or set a credible trial date. He hopes this will reduce continuances and reschedulings. There isn't a continuance policy in place for criminal cases, but judges are using more discretion when the lawyers request delays, he said. According to state court statistics for Jan. 1 to July 31 this year, 81 to 92 percent of the district's civil cases had been resolved within 24 months, and 90 percent of the criminal felony cases had been resolved within 18 months., from Jan. 1 to July 31, 2015 in the 6th district. About 96 to 99 percent of serious, aggravated and simple misdemeanors were resolved within 18 months.

more judges

Tim Semelroth, a Cedar Rapids lawyer, said the new policies will help hold all parties accountable, but it could have a negative effect if it stops judges from using discretion when circumstances beyond the parties' control make a continuance necessary.

'Ultimately, this new policy is just a Band-Aid for the bigger problem,” Semelroth said. 'We do not have the recommended number of judges in the 6th District, and we do not have enough courtroom space - particularly in Johnson County. Until our justice system is adequately funded by our politicians, innocent citizens will continue to pay the price when their day in court is delayed.”

David O'Brien, another Cedar Rapids lawyer, agreed with Semelroth, saying the only reason for delays in cases over the past five years has been a lack of judges or court reporters.

'The only solution is to fund our justice system appropriately,” O'Brien said.

family law

Another recommendation and a priority for the district is the family law docket, which includes dissolutions and child custody cases, that typically have little judicial supervision.

The center recommended taking Judge Chad Kepros' suggestion to push the mediation date from 90 to 120 days from a dissolution filing date to give the parties more time to prepare. Trials can't be set until mediation is completed. The pretrials, which are set 30 days before trial, would be supervised by a judge.

Edmondson said senior judges started handling those last month, and many cases, with their supervision, were cleared.

Family law cases in the 6th District usually take 18 months to resolve. The goal is to clear them in six to 12 months.