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Still, over the last two years, there have been “three main points” framing judicial administrators’ court-specific actions, according to Marks. One has been “restructuring” how courts processed their cases and moved them to resolution. A second has been “a redeployment” and reorganization of some judges and court staff with the goal of having them more efficiently address cases. A third has been using technology to collect and analyze greater amounts of data on caseload volumes, and then sharing the data throughout the state. When giving examples of the restructuring in certain courts, Marks began by citing the Manhattan Supreme Court’s criminal division, where administrators created Trial Assignment Parts that previously didn’t exist. Under the restructuring, cases go to one of two TAP parts, where judges attempt to have cases resolved through a plea agreement or other early resolution. “This sort of specializes and concentrates the tension on trying to resolve these cases through a guilty plea,” Marks said, adding, “There’s a real focus on those two court parts in trying to resolve the case before the trial.” “It’s an approach that’s not unique or novel, it’s used in other courts,” he also said. As another restructuring example, Marks pointed to the “Trial Fridays” program launched in the Bronx’s misdemeanor criminal court and later implemented in Manhattan, Brooklyn and Queens. Under the program, Fridays have been set aside for judges to try misdemeanor cases throughout the day. Mondays through Thursdays remain for their other work. The designated day across trial parts “creates more trial capacity in the court, because previously there were only a very few designated trial parts for misdemeanor” cases, Marks said. He also noted that while the vast majority of low-level misdemeanor cases get resolved before trial, “it’s the realistic threat of a trial that leads to dispositions.” Lastly, Marks gave a restructuring example from Brooklyn Supreme Court’s civil foreclosure cases. There have been “an avalanche of foreclosure filings” in recent years there, Marks said, and so the administration has assigned thousands of cases to a settlement process in which lenders and homeowners must participate.

For the original version including any supplementary images or video, visit https://www.law.com/newyorklawjournal/2018/03/21/no-one-size-fits-all-approach-in-battling-backlogs-top-judges-say/

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