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Extending the CORE® to YOUR Court

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1 Extending the CORE® to YOUR Court
Practice Module Caseflow and Workflow

2 The Competency

3 Course Agenda The amount of information in this curriculum is extensive so the course will need to be broken down into groups of components offered at different times/days. It is recommended to do an assessment of your class participants in terms of their degree of knowledge on the subject prior to fine tuning the content of your course This component will be on the heart of court administration: the management of caseflow and workflow.

4 Caseflow vs. Workflow Caseflow Management The process by which courts carry out their primary function of moving cases from filing to disposition. The management of caseflow is critical because it helps guarantee every litigant receives procedural due process and equal protection. Workflow Management This involves the coordination and support of all tasks, procedures, resources (human and other) necessary to guarantee the work of the court is conducted efficiently and is consistent with the court’s purposes and responsibilities. While Workflow Management includes Caseflow Management, it also includes all tasks and functions necessary for the court to operate as an organization

5 Learning Objectives Identify individual learning needs and objectives related to caseflow management. Define the purpose of courts. Identify the universal and distinguishing characteristics of local legal cultures. Map caseflow from a systemic perspective. Evaluate the culture of public access with a focus on self-represented litigants. Complete a detailed, systemwide evaluation of caseflow management strengths and weaknesses. Use a structured analysis to create the elements of a differentiated case management plan. Evaluate caseflow time standards as a key performance measure. Apply high level diagnosis to determine caseflow management performance. Identify calendaring systems and how judges use case management plans and orders to manage cases. Assess postponement policies and practices; and Create a focused action plan for specific caseflow management changes. Always emphasize the purpose of courts at the beginning of trainings

6 What do Court Managers Need to Know Accountability
Information and Diagnosis Calendars and Scheduling Trial Management Problem Solving Local Legal Culture Principles and Practices The Justice Universe Differentiated Case Management

7 How can you use this compentency?
Present a comprehensive multi-day training for new supervisors/managers on caseflow and workflow; Pick a module or two to help your supervisors through current issues; Pick several modules that would help set up your office for strategic planning to improve case management; Pick several modules to teach the rudiments of case management to new judges;

8 Depending on time available and your audience you could select which modules to use…
FOR A MULTI-DAY TRAINING FOR NEW SUPERVISORS/MANAGERS… Principles of Caseflow Management – Definition, psychology of dispute resolution… Justice System Stakeholders – Building of relationships Self Represented Clients – Allowable assistance Differentiated Case Management – Diagnosis and Implementation Performance Measures – CourTools Calendars and Scheduling – Triaging the appropriate calendaring structure Trial Management – Trial date certainty and Managing trial time

9 Activity One – Caseflow Management Fundamentals Self-Assessment
Purpose: The purpose of the self-assessment is for each participant to determine his or her individual learning needs and for the instructor to tailor the session to the types of learning needs identified by the participants. Description: A 15 minute exercise wherein participants rank their knowledge, skill, and ability on items like: Knowledge of how the organization, jurisdiction, and funding of courts impact day-to-day caseflow management Knowledge and use of case processing time standards and other caseflow management performance indicators Knowledge and application of alternative case assignment and scheduling systems and how to set up and manage daily court calendars by judge, type of case and hearing, day of the week, and time of the day.

10 History of Case Management in the U.S.
Prior to 1970 – External (to the Judicial branch) dominance in administration; Little professional support; Attorney dominated scheduling; and Growing delays Changes since – Leadership by US Supreme Court; Advocacy by the ABA for delay reduction; Court performance metrics; Creation and development of trial court institutions and resources; and Recognition and institutionalization of court responsibility for managing cases. Teaching new supervisors/managers… Creation by the SC of the NCSC by Chief Justice Warren Burger in 1971 ABA time standards 1968, COSCA standards 1983, ABA amended time standards 1982, Model Time Standards 2011, CourTools and International court performance measures International Framework for Court Excellence The National Judicial College 1963; National Consortium for Justice Information and Statistics 1969; the Bureau of Justice Assistance 1979; State Justice Institute 1984 Could use this as a point to ask where the participants think the US is going in the next 20 years? Evidenced Based Practice Era??

11 Principles and Practice
“Caseflow management is the court supervision of the case progress of all cases filed in that court.” Early court intervention Establishing meaningful events Establishing reasonable timeframes for events and disposition Creating a system that is predictable for all court users

12 The Justice Universe Economics of caseflow management (staff and judicial resources, jail overcrowding, impact on system partners…) Consultation with the Bar Justice System Stakeholders (identifying, developing ongoing relationships, learning how to effectively partner with other stakeholders…) Self-Represented Litigants Self-Help Centers and the Role of the Court High-Performance Courts and Justice Systems

13 Activity Six: My Court’s Caseflow Management Culture
Purpose: To conduct a thorough assessment of a court’s case management performance Description: This 45 exercise asks a series of questions that will let an individual (or a group of individuals from the same court) get rankings on the following areas of caseflow management: leadership; goals; information; communications; caseflow management procedures; judicial commitment; staff involvement; educational training; mechanisms for accountability; and backlog reduction/inventory control. You are left with an objective realization of the environment you are operating in).

14 Justice System Stakeholders – Planning to engage with partners
Depending on time available and your audience you could select which modules to use… TRAINING A NEW JUDGE… Local Legal Culture – Especially important for a judge who is not from the jurisdiction Justice System Stakeholders – Planning to engage with partners Self Represented Clients – Ensuring they get the needed support to move their case efficiently through the system Performance Measures – Understanding their importance and use Calendars and Scheduling – Finding the most efficient system Trial Management – Ensuring the court’s control of the pace Story of new PJ turning to me and saying, “So what exactly do you do?”

15 Performance Measurement
It is key to get judges to understand the importance of maintaining & reacting to performance measures: It is about Accountability Macro Standards – For the System as a Whole Clearance Age of Active Pending Micro Standards – For Individual Cases Age of Case Number of Hearings and Postponements Targeted Performance Standards

16 Activity Eight: Maryland’s Time Standards Evaluation
Purpose: Participants examine Maryland’s time standards to determine what is working well and what, perhaps, should be revised or further reviewed. This activity will assist participants in understanding how to evaluate their own time standards. Description: Participants are split into small groups. They complete a series of questions together (ex., What are legitimate reasons for suspending (not counting) elapsed case time on a criminal case? How is this accounted for in the Maryland time standards?), and then report out. The resulting discussion would cover possible changes to procedures and/or time standards.

17 Self-Represented Clients
Judges need to understand the efforts the court takes to assist self-represented clients, in order to ensure fair treatment of all clients Rapid Increase in Self-Represented Clients Provision of forms & legal documents with adequate instructions Simplification of legal language Availability of calendaring information Reduction in the use of legal citations in brochures Creation of Self-Help Centers If need to fill time talk about steps to create a self-help center in Sussex. Which also speaks to the confluence of a great deal of the modules.

18 Thank you Core Website: nacmcore.org Resources


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