DOCSLIB.ORG

An Analysis of Felony Case Management in Two Rural Oregon Counties

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
An Analysis of Felony Case Management in Two Rural Oregon Counties An Analysis of Felony Case Management in Two Rural Oregon Counties Institute for Court Management Court Executive Development Program 2008 – 2009 Phase III Project Amy Bonkosky Trial Court Administrator Oregon’s 22nd Judicial District Crook & Jefferson Counties ACKNOWLEDGMENTS This project could not have been completed without the help, support, and patience of many. First, I would like to thank those that helped me. Thank you to my assistant, Kathy Cardin, for the endless hours she spent compiling data, verifying data and proofreading. Thank you to Jay Rettig, my information technology specialist, for the numerous hours he spent running queries to obtain a minimum starting point of data. Thank you to Jeanette Schehen for her work on the caseflow charts. I would also like to thank both those that participated in the survey and those that pre-tested the survey. Second, I would like to express my sincere appreciation to those that supported me. Thank you to my Presiding Judge, George W. Neilson, for his support. Both his public support of this project and his willingness to make this project our district’s number one strategic priority in 2008 is greatly appreciated. Without his support the likelihood of this project having a future impact would be minimal at best. I would also like to thank my advisor, Dr. Geoff Gallas, for his keen eye to detail and his constructive guidance throughout the project. In addition, I sincerely appreciate the assistance of Joan Cochet, Library Specialist and Toni Grainer, Education Specialist at the National Center for State Courts for their support and assistance. Most importantly, I would like to thank my son, Zane, for his patience and the personal sacrifices he made while I spent many hours on evenings, weekends, and during school vacation weeks working on the project. Page 2 of 99 Table of Contents ACKNOWLEDGMENTS .............................................................................................................. 2 LIST OF ILLUSTRATIONS .......................................................................................................... 6 LIST OF TABLES .......................................................................................................................... 7 LIST OF APPENDICES ................................................................................................................. 9 ABSTRACT .................................................................................................................................. 10 INTRODUCTION ........................................................................................................................ 13 Demographics ........................................................................................................................... 13 Challenges and Opportunities ................................................................................................... 16 Prison .................................................................................................................................... 16 eCourt .................................................................................................................................... 17 Transitions............................................................................................................................. 17 Time to Disposition............................................................................................................... 18 Active Management .............................................................................................................. 19 Additional Resources ............................................................................................................ 19 Project Goals ............................................................................................................................ 20 LITERATURE REVIEW ............................................................................................................. 22 Court Caseflow ......................................................................................................................... 22 Background of Caseflow Management .................................................................................. 22 Standards ............................................................................................................................... 23 Caseflow Management.......................................................................................................... 26 Effective Caseflow Management ............................................................................................ 29 Literature Summary ................................................................................................................ 34 Page 3 of 99 METHODOLOGY ....................................................................................................................... 36 Statistical Review...................................................................................................................... 36 Case Reporting Procedures ................................................................................................... 36 Data Collection Tools ........................................................................................................... 37 Data Cleansing ...................................................................................................................... 38 CourTools ............................................................................................................................. 39 Survey of Bar/Bench ............................................................................................................... 39 FINDINGS .................................................................................................................................... 41 Data Cleansing .......................................................................................................................... 41 CourTool #2 – Clearance Rates ................................................................................................ 43 CourTool #3 – Time to Disposition .......................................................................................... 43 CourTool #4 – Age of Active Pending Caseload...................................................................... 44 CourTool #5 – Trial Date Certainty .......................................................................................... 46 CourTool #5 - Trial Date Certainty Slowest 10% .................................................................... 46 Survey Results .......................................................................................................................... 48 Time to Disposition/Goals .................................................................................................... 48 Judicial Commitment ............................................................................................................ 55 Backlog/Inventory Control ................................................................................................... 60 Caseflow Management.......................................................................................................... 65 Findings of the Slowest Ten Percent ........................................................................................ 70 CONCLUSIONS AND RECOMMENDATIONS ....................................................................... 73 Final Conclusion ................................................................................................................... 80 ILLUSTRATIONS ....................................................................................................................... 82 Page 4 of 99 APPENDICES .............................................................................................................................. 90 Bibliography ................................................................................................................................. 98 Page 5 of 99 LIST OF ILLUSTRATIONS Figure 1-Felony Case Flow Page 1 of 8........................................................................................ 82 Figure 2-Felony Case Flow Page 2 of 8........................................................................................ 83 Figure 3-Felony Case Flow Page 3 of 8........................................................................................ 84 Figure 4-Felony Case Flow Page 4 of 8........................................................................................ 85 Figure 5-Felony Case Flow Page 5 of 8........................................................................................ 86 Figure 6-Felony Case Flow Page 6 of 8........................................................................................ 87 Figure 7-Felony Case Flow Page 7 of 8........................................................................................ 88 Figure 8-Felony Case Flow Page 8 of 8........................................................................................ 89 Page 6 of 99 LIST OF TABLES Table 1-2007 Case Filed Trend Data ............................................................................................ 15 Table 2-Cases Per Authorized Judicial Position ........................................................................... 16 Table 3-22nd Judicial District Felony Goals to Disposition ........................................................
Load more

Recommended publications
  • Judicial Branch
    JUDICIAL BRANCH Oregon Judicial Department (OJD) Chief Justice Recommended Budget 2019-21 OJD PRESENTATION – AGENDA April 1 – 4, 2019 Day 1 Overview of the Judicial Branch Day 2 Oregon Tax and Circuit Court Programs Day 3 OJD Budget and Policy Option Packages Day 4 Public Testimony 2 Oregon’s Judicial Branch Legislative Branch Judicial Branch Executive Branch Oregon Judicial Department Office of Public Defense Services Commission on Judicial Fitness Oregon State Bar* *The Oregon State Bar is a public corporation and an instrumentality of the Judicial Department… (ORS 9.010(2)) 3 Remembering Our Past It was a rare occurrence, but it exemplified the administrative abyss in which Oregon’s courts dwell. 4 Unification Required Tremendous Effort 5 The Purpose of Unification ORS 1.001: The Legislative Assembly hearby declares that, as a matter of statewide concern, it is in the best interest of the people of this state that the judicial branch of state government, including the appellate, tax and circuit courts, be funded and operated at the state level. The Legislative Assembly finds that state funding and operation of the judicial branch can provide for best statewide allocation of governmental resources according to the actual needs of the people and of the judicial branch by establishing an accountable, equitably funded and uniformly administered system of justice for all the people of this state. [1981 s.s. c.3 § 1] 6 A Unified Branch Effective January 1, 1983, the legislature consolidated Oregon’s district, circuit, and appellate courts into a unified, state-funded court system known as the Oregon Judicial Department (OJD).
    [Show full text]
  • 2008 State of the Oregon Courts
    2008 STATE OF THE OREGON COURTS Justice in the 21st Century Lady Justice, Supreme Court Building “In the 21st century, Oregon’s courts lead the nation in providing fair, accessible, and timely justice to promote the rule of law, protect individual rights, and resolve conflicts. We respect, reflect, and respond to the diverse people we serve. We earn public trust, build partnerships, and promote safe, caring and engaged communities.” Justice 2020: A Vision for Oregon’s Courts (2001) Message from the Chief Justice I am pleased to share with you the 2008 Annual Report for the Oregon Judicial Branch. This report reflects the past year of achievements, accomplishments, and activities for the Oregon Judicial Department performed through a vision focused on five long term goals to: • Protect public access to court services • Maintain the public’s trust and confidence • Provide quality and timely ways for people to resolve their disputes • Build strong partnerships with our justice system partners and in our communities • Effectively administer our courts so they work for people In that regard, I want to express my profound thanks and respect to those judges and employees of the Judicial Branch for their daily commitment to justice and their service to every person who enters our courthouses. HIGHLIGHTS OF 2008 Chief Justice Paul J. De Muniz Building a Statewide Electronic Courthouse. We have successfully initiated Oregon’s eCourt project. Oregon eCourt will expand and simplify access to courts, allow electronic document filing and electronic payment of court fees, provide better information to judges and managers for decision- making, make court work processes more efficient, and improve the availability of information that courts share with our justice partners and stakeholders.
    [Show full text]
  • The Oregon Court System
    CLASSROOM LAW PROJECT COURTHOUSE EXPERIENCE TOUR GUIDE HANDBOOK The Oregon Court System I. The Rule of Law The Oregon court system fulfills a tremendously important purpose in our democratic society. We usually think of the court system in terms of its obvious functions - to try those who are suspected of committing criminal acts, or to settle disputes between parties who cannot reach an agreement themselves. However, the courts fulfill many other vital functions, including the protection of individual rights, the assurance that no one will be above the law, and the preservation of the balance of power among the three branches of government. The court’s decisions are based upon the constitutions and the laws of the United States and the State of Oregon and include city and county ordinances. The Oregon courts adjudicate disputes brought by private citizens, corporations, business organizations, and the state and local governments. There are two broad categories of disputes adjudicated by the courts: criminal and civil disputes. A criminal case involves a dispute where an individual has broken a law of the state created by the Legislature or local government. If the individual violated a federal law that case will be heard in federal district court. In general, crimes are described as either felonies or misdemeanors and they are classified according to the terms of punishment prescribed by the Legislature for a specific crime. A felony is a crime for which the punishment is imprisonment for more than one year. Misdemeanors are lesser crimes for which the penalty is imprisonment for less than one year.
    [Show full text]
  • Developed by the Office of the State Court Administrator Oregon Judicial Department
    Developed by the Office of the State Court Administrator Oregon Judicial Department Revised 11/2019 Written and Designed by Eve Dedek, Communication & Publications Analyst 3 Office of the State Court Administrator Definitions circuit courts: are Oregon’s The Oregon Judicial Department (OJD) trial courts. is a system of state circuit courts, appellate courts: includes the appellate courts, the Oregon Tax Court, Oregon Supreme Court and and the Office of the State Court the Oregon Court of Appeals. Administrator (OSCA). Judges in the Oregon Tax Court: handles OJD courts have the responsibility to all tax law matters. enforce the rule of law by: Office of the State Court • deciding criminal, civil, family, and Administrator (OSCA): other types of legal disputes provides support for the • interpreting and applying the state statewide administration of the and federal constitutions and statutes Judicial Department. to make decisions on cases Oregon Judicial Department All OJD judges, including Supreme Court justices, Court of Appeals judges, (OJD): the part of the Judicial Branch that includes the circuit circuit court judges, and the Oregon Tax Court judge are elected to six-year courts, appellate courts, the terms in non-partisan elections. If a judge position becomes vacant before the Tax Court, and the Office of end of the term (due to a judge resignation, retirement, or death in office), the the State Court Administrator. Governor may appoint a new judge to fill the vacancy until the next general justices: judges elected to the election. The appointed judge must then run as a candidate for the judgeship. Supreme court are called The Judicial Branch (the third branch of government) includes OJD and other justices.
    [Show full text]
  • Adoption Records SB
    I. Introduction A child may only have one set of legal parents at a time. An adoption proceeding is the court proceeding by which one new parent or set of new parents are legally substituted for a former parent or set of parents. In an adoption proceeding, a new prospective parent petitions the court for a judgment holding that the minor child is adopted and by all legal intents and purposes, the same as if born to the new parent. Adoption procedure essentially requires two steps—the termination of one parent- child relationship and the creation of a new one. The different types and circumstances of each adoption make the law complex: “Adoptions may be characterized according to the kind of individuals being adopted-- minors or adults, born in this country or foreign born, with or without special needs, with or without siblings. They may also be characterized according to the kind of individuals who are adopting -- married couples, single individuals, stepparents, individuals previously related or unrelated to an adoptee. Another way to characterize adoptions is according to the type of placement -- direct placement by a birth parent with an adoptive parent selected by the birth parent with or without the assistance of a lawyer or an agency, or placement by a public or private agency that has acquired custody of a minor from a birth parent through a voluntary relinquishment or an involuntary termination of parental rights. A fourth way to characterize adoptions is by the nature of the proceeding -- contested or uncontested.”1 With this complexity in the law, the court records filed in adoption cases also necessarily vary significantly.
    [Show full text]
  • Civil Justice Improvements Task Force Report to The
    Oregon Judicial Department’s Civil Justice Improvements Task Force Report to the Chief Justice June 20, 2018 1 Table of Contents 1.0 Introduction __________________________________________________________ 5 2.0 Call to Action Report and Recommendations ________________________________ 5 3.0 OJD CJI Task Force, Mission and Membership ______________________________ 7 3.1 Mission ________________________________________________________ 7 3.2 Membership ____________________________________________________ 9 4.0 Work of the OJD CJI Task Force _________________________________________ 10 5.0 Oregon Circuit Courts, 2016 Statistical Data ________________________________ 12 6.0 OJD CJI Task Force Recommendations ___________________________________ 14 6.1 Call to Action Recommendation 1: Courts must take responsibility for managing civil cases from time of filing to disposition. ___________________ 14 6.1.1 Moving Cases Toward Resolution Under UTCR 7.020 __________ 14 6.1.2 Setting Firm Trial Dates __________________________________ 15 6.1.3 Additional Considerations, Court Management of Cases to Timely Disposition ____________________________________________ 17 6.1.4 Additional Considerations, Litigant Expectations about Case Management and Trial Processes __________________________ 19 6.2 Call to Action Recommendation 2: Beginning at the time each civil case is filed, courts must match resources with the needs of the case. ____________ 21 6.3 Call to Action Recommendation 3: Courts should use a mandatory pathway-assignment system to achieve right-sized
    [Show full text]
  • E-Filing in State Courts Task Force Report November 2006 TASKFORCEONE-FILING REPORT • NOVEMBER 2006 INTRODUCTION
    E-Filing in State Courts Task Force Report November 2006 TASKFORCEONE-FILING REPORT • NOVEMBER 2006 INTRODUCTION History Behind Formation of the Task Force At the Oregon State Bar House of Delegates meeting in October 2002, delegate Kenji Sugahara proposed a resolution to urge the Oregon Supreme Court to allow electronic filing projects. The resolution stated: WHEREAS, the House of Delegates of the Oregon State Bar has the duty in annual session to debate matters of concern to the membership of the Oregon State Bar and to provide learned advice and direction on matters concerning the practice of law in the state of Oregon; WHEREAS, the House of Delegates of the Oregon State Bar believes that electronic filing of court documents will improve the practice of law; WHEREAS, the federal court for the District of Oregon is running an elec- tronic filing pilot project, but there is no counter-part in the state courts of Oregon; WHEREAS, the Information Technology Department of the Oregon Judicial Department does not have the resources to implement electronic filing proj- ects; now, therefore, be it RESOLVED, that the House of Delegates requests and instructs the Board of Governors of the Oregon State Bar to urge the Supreme Court of Oregon: 1.To allow private vendors to engage in electronic filing pilot projects in the state of Oregon; 2.To allow only those vendors who subscribe to the legal XML stan- dard or substantially similar standard to participate in pilot projects; 3.To allow individual courts to choose their vendors with minimal over- sight from the Information Technology Department of the Oregon Judicial Department; 4.To allow individual courts to allocate resources to these pilot projects as they see fit; and 5.To adopt rules of procedure to enable electronic filing.
    [Show full text]
  • Case 3:18-Cv-01634-HZ Document 38 Filed 10/16/18 Page 1 of 40
    Case 3:18-cv-01634-HZ Document 38 Filed 10/16/18 Page 1 of 40 Emily Teplin Fox, OSB No. 121720 [email protected] Marisa Samuelson, OSB No. 144234 [email protected] Beth Englander, OSB No. 980190 [email protected] Kelsey Heilman, OSB No.140348 [email protected] OREGON LAW CENTER 522 SW Fifth Ave, Suite 812 Portland, OR 97204 (503) 473-8325 Jonathan M. Dennis, OSB No. 146256 [email protected] OREGON LAW CENTER 35 SE Fifth Ave., Suite 1 Ontario, OR 97914 (541) 889-3296 Attorneys for Plaintiffs UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION CINDY MENDOZA; GLORIA BERMUDEZ; Case No. 3:18-cv-01634-HZ JEREMY CHASE; CEKAIS TONI GANUELAS; REBECCA HEATH; and FIRST AMENDED CLASS ACTION KARL WADE ROBERTS, on behalf of ALLEGATION COMPLAINT themselves and all others similarly situated, Civil Rights Action (14th Amendment to Plaintiffs, U.S. Constitution (Due Process and Equal Protection) v. MATTHEW GARRETT, in his official capacity as Director of the Oregon Department DEMAND FOR JURY TRIAL of Transportation; TAMMY BANEY, in her official capacity as Chair of the Oregon Transportation Commission; SEAN Case 3:18-cv-01634-HZ Document 38 Filed 10/16/18 Page 2 of 40 O’HOLLAREN, in his official capacity as Member of the Oregon Transportation Commission; BOB VAN BROCKLIN, in his official capacity as Member of the Oregon Transportation Commission; MARTIN CALLERY, in his official capacity as Member of the Oregon Transportation Commission; and TOM MCCLELLAN, in his official capacity as Administrator of Driver and Motor Vehicles Division, Oregon Department of Transportation, Defendants.
    [Show full text]
  • Practicing Law in Oregon
    Practicing Law in Oregon Thursday, June 22, 2017 9 a.m.–4:15 p.m. 4 General CLE or Practical Skills credits and 2 Ethics credits PRACTICING LAW IN OREGON The materials and forms in this manual are published by the Oregon State Bar exclusively for the use of attorneys. Neither the Oregon State Bar nor the contributors make either express or implied warranties in regard to the use of the materials and/or forms. Each attorney must depend on his or her own knowledge of the law and expertise in the use or modification of these materials. Copyright © 2017 OREGON STATE BAR 16037 SW Upper Boones Ferry Road P.O. Box 231935 Tigard, OR 97281-1935 Practicing Law in Oregon ii TABLE OF CONTENTS Schedule . v Faculty . vii 1. Oregon Discovery . 1–i — Leslie Johnson, Samuels Yoelin Kantor LLP, Portland, Oregon — Kevin Sali, Kevin Sali LLC, Portland, Oregon 2. Oregon Pleadings and Parties: Tips to Consider and Traps to Avoid . 2–i — Bonnie Richardson, Folawn Alterman & Richardson LLP, Portland, Oregon 3. Depositions in Oregon . 3–i — Joseph Franco, Holland & Knight LLP, Portland, Oregon 4. The Disciplinary Process: Basics You Need to Know . 4–i — Dawn Evans, Disciplinary Counsel’s Office, Oregon State Bar, Tigard, Oregon 5. Local Practice in the District of Oregon—2017 . 5–i — C. Marie Eckert and Vanessa L. Triplett, Miller Nash Graham & Dunn LLP, Portland, Oregon 6. Oregon’s Judicial Branch. 6–i — The Honorable David Brewer, Oregon Supreme Court, Salem, Oregon Practicing Law in Oregon iii Practicing Law in Oregon iv SCHEDULE 8:00 Registration 9:00 Oregon
    [Show full text]
  • Focus on Technology
    2016 ANNUAL REPORT Focus on Technology OREGON JUDICIAL BRANCH Oregon Judicial Branch Mission Table of Contents As a separate and independent branch of government, our mission is to provide fair and accessible Introduction - Chief Justice Thomas A. Balmer. 1 justice services that protect the rights of individuals, preserve community welfare, and inspire public Oregon eCourt, A Technology and Business Success Story ................................ 3 confidence. The established goals of Oregon state courts are to: Keys to Success ............................................................. 5 Appellate Court Technology. 20 Protect Public Access to Justice – by making court services for citizens more accessible and easier OJD Structure ................................................................... 21 to use through technology; providing safe courthouses; and supporting the special needs of diverse Oregon Supreme Court .....................................................23 cultures in our communities. Oregon Court of Appeals . 25 Oregon Tax Court. 27 Maintain Public Trust and Confidence – by working closely with the executive and legislative branches Oregon Circuit Courts . 29 of government; preserving and enforcing the rule of law in our communities, while upholding the Office of the State Court Administrator ........................................ 33 human ideals of fairness, impartiality, and accountability. Judicial, Administrative, and Staff Education .......................................... 35 Provide Quality and Timely Dispute
    [Show full text]
  • 2009-2010 Annual Report
    Summer 2010 THE LAWYERS’ 2009-2010 Annual Report Edition CAMPAIGN for EQUAL JUSTICE Annual Fund 2009-2010 Year in Review by Statewide Co-Chairs Howard Arnett, John Gartland, Tim Gerking and Susan Marmaduke Representative Tina Kotek; Ernie Estes, Bonneville Power Administration; and Brena Lopez, Salem LASO; Eric Lindauer, CEJ Board Member; Chief Justice Paul DeMuniz Gerry Gaydos, Gaydos Churnside/OSB (background); and Ed Harnden, Barran Liebman/CEJ Board Chair at the Annual Awards Luncheon President, at the Bus Tour/CLE with CEJ (Left). Justice Martha Walters makes keynote remarks at the Annual Awards Luncheon (Right). and Fair Housing Council of Oregon. uring our annual fund drive that ended March The Portland Large Firm Committee, chaired by Joel 31, 2010, we asked Oregon lawyers if they Mullin, Stoel Rives; Beth Skillern, Bullivant Houser Laf-Off Dbelieve in justice. In the face of the toughest Bailey; and Larry Reichman, Perkins Coie, raised almost attendees recession since the Great Depression and growing $390,000 --- close to their goal of funding the equivalent rehearse the numbers of low-income Oregonians in desperate of eight legal aid lawyer positions. The Mid-Sized Firm music video need of legal services, you once again answered with a Committee, co-chaired by Mark Wada, Farleigh Wada Witt production of resounding “YES!” Oregon lawyers raised $1 million and Mike Silvey, Roberts Kaplan, raised almost $80,000. “Do You Believe for statewide legal aid programs. We thank the 200 The Associates Committee, chaired by Andrew Schpak, in Justice?” attorneys from all corners of the state who pitched in to Barran Liebman; Brien Flanagan, Schwabe Williamson; Tonkon Torp raise money for the annual fund drive, and the 2,500 and Amy Edwards, Stoel Rives, drummed up enthusiasm lawyers and lawyers who contributed to the Campaign.
    [Show full text]
  • The Right to Counsel in Oregon EVALUATION of TRIAL LEVEL PUBLIC DEFENSE REPRESENTATION PROVIDED THROUGH the OFFICE of PUBLIC DEFENSE SERVICES
    The Right to Counsel in Oregon EVALUATION OF TRIAL LEVEL PUBLIC DEFENSE REPRESENTATION PROVIDED THROUGH THE OFFICE OF PUBLIC DEFENSE SERVICES January 2019 SIXTH AMENDMENT 6AC CENTER The Right to Counsel in Oregon: Evaluation of Trial Level Public Defense Representation Provided Through the Office of Public Defense Services Copyright © 2019 by the Sixth Amendment Center. All rights reserved. Publication Number: 2019.001 SIXTH AMENDMENT CENTER PO Box 15556 Boston, MA 02215 www.sixthamendment.org PREPARED BY The Sixth Amendment Center is a non-partisan, non-profit organization providing technical assistance and evaluation services to policymakers and criminal justice stakeholders. Its services focus on the constitutional requirement to provide effective assistance of counsel at all critical stages of a case to the indigent accused facing a potential loss of liberty in a criminal or delinquency proceeding. PREPARED FOR The Oregon Public Defense Services Commission is a state agency responsible for establishing and maintaining the public defense system for Oregon’s entire state courts system. executive summary In 1963, the U.S. Supreme Court declared in Gideon v. Wainwright that it is an “obvious truth” that anyone who is accused of a crime and who cannot afford the cost of a lawyer “cannot be assured a fair trial unless counsel is provided for him.” In the intervening 55 years, the U.S. Supreme Court has clarified that the Sixth Amendment right to counsel means every person who is accused of a crime is entitled to have an attorney provided at government expense to defend him whenever that person is facing the potential loss of his liberty and is unable to afford his own attorney.
    [Show full text]