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Show Sar iu lu Ordjr q.3 Uniworuity of Utah - ' VOLUME 15, NUMBER 179 Economist Says: Calendar Delay Still Vexes Courts Civil - NEW YORK (ACCN) Chronic delays in civil jury trials continue to burden the courts across the nation despite a massive, concerted attack this year by government and the judiciary to reduct them, according to Prof. Fannie J. Klein, who has just completed a study of the problem for the Institute of Judicial Administration at New York University. Delays on the average of 21.7 months occurred during 1971 from "service of answer" (the date when the party being sued answers the complaint) to the date of trial, an increase of one month compared with average delays of 20.7 months during a comparable period the previous year. The findings were furnished by 88 of the 91 jurisdictions reporting in the Institute of Judicial Administrations study for the year ending April 30, 1971. Delays of civil jury trials in tort cases ran as high as five years in two cities, with 20 out of 87 courts reporting a lapse of 2V& years or more between service of answer and trial compared with 16 out of 95 courts reporting in 1970. The Supreme Court in Bronx County, N.Y., for example, reported delays in 1971 from service of answer to trial of 61.5 months, an increase of 9.7 months compared with delays of 51.8 months in 1970. In the Midwest, Cook County Circuit Court, Chicago, 111., reported delays of 61.7 months in 1971, an increase of one month compared with delays of 60.7 months in 1970. A total of 25 courts from such geographically distant cities as Media, Pa. (pop. 592,200), Miami, Fla. (pop. 1.3 million), Fort Worth, Tex. (pop. 711,387), and Portland, Ore. (pop. 547,865) reported average delays of 12 months or less, an increase of five months compared with the previous year. Progress in reducing court delay in civil jury trials, however, has been made in many jurisdictions. This is being accomplished, explains Professor Klein, associate director of the Institute of Judicial Administration, by reducing jury sizes (especially in civil cases), applying modern techniques to aspects of court administration, adding judicial work hours to the court calendar, concentrating on backlogs in the criminal court3 and, in New York City, taking some cases out of the courts altogether and placing them under the jurisdiction of other agencies. (In New York City some traffic violations were removed from criminal court jurisdiction in July 1970 and placed under the administrative control of the Parking Violations Bureau.) One of the most significant factors in reducing delay continues to be strong, imaginative administration by the judge in charge of the calendar combined with the active cooperation of trial judges and lawyers," adds Professor Klein. A dramatic example of this, she points out, is the Civil Court of the City of New York. "The enterprising and energetic judge (Edward Thompson) in charge of this court reduced backlog during the past year by over 100,000 tort jury cases, principally through the operation of the conference and assignment system," she said. Other sizable reductions in civil court delay in New York were achieved by the Queens County Supreme Court, which reported average delays of 42 months in 1971, a decrease of 7.3 months compared with average delays of 49.3 months Firms To Need Money Infusion and the Rockland County Mid-197- 2 Court, which reported By average delays of 56.3 months in An additional $35 NEW YORK 1971, a decrease of 8.3 months billion in new funds will have to be compared with average delays of raised by corporations by the second 64.6 months in 1970. of 1972, according to the In the state of Massachusetts quarter National Association of Credit lt another factor auto inManagement. These funds will be surance, which went into effect on necessary to carry the 13 per cent Jan. 1 apparently also was rise in receivables expected to occur helping to reduce delay in civil jury by that date, reports Dr. Ernest W. cases. Suffolk County Superior Walker, NACM consulting econoCourt, in Boston, reported average mist. delays of 35 months this year, a Dr. Walker's comments appeared decrease of four months compared in August issue of the Credit and with average delays'of 39 months in Financial Newsletter. 1970. He predicted the growth in The executive secretary for the receivables will be more than twice commonwealth office of the as fast as that of the Gross National Massachusetts Supreme Court Product. points out, however, that since the in 1970; Supreme no-fau- no-fau- lt statute affects claims arising from accidents on or after Jan. 1, 1971, and since the statute of limitations will not run for some time on earlier claims, it is too early to determine accurately the effect of the law on the volume of cases brought to court. Nonetheless, he adds, "I believe there will be a considerable reduction in the number of motor vehicle tort cases." In St. Louis, Mo., the Circuit Court reported average delays in 1971 of 8.2 months, a decrease of 10.2 months compared with the previous year. The Institute of Judicial Administration is a national, in- dependent legal research organization founded in 1952 by the late Chief Justice Arthur T. Vanderbilt of New Jersey, with headquarters located at Vanderbilt Hall, the New York University School of Law. Its director is NYU Prof. Russell D. Niles, and its president is Roger Blough, former chairman of the board of U.S. Steel is Orison Corp. Its president-elec- t Marden, a former president of the Association of the Bar of the City of New York, the New York State Bar Association and the American Bar Association. Law Students Lose Bid for Readmission LOS ANGELES (ACN) Five of six first year students at USC Law School, part of a program to aid minority students have lost their bid for readmission after claiming the school left them to flounder without tutorial help. Beginning this fall, however, participants in the program will have the aid of a faculty advisor and a tutor throughout their first year. Approximately 60 law school students, of an enrollment of 360, joined in a strike Tuesday and Wednesday last week to support six students who could not make the passing grade of 79. The strike ended September 9 when a meeting of the law school faculty agreed to admit one student under special circumstances, and rejected the appeal of the other five for group admission. The striking students had agreed to accept the decision of the faculty. Assistant Dean Stuart Bice said the students appeal for readmission as a group was rejected on the grounds that in the past four years the law school had in fact offered varying kinds of academic support for all students. Denver Judge Overrules Jackhammer - DENVER (UPI) The hand of the law is more powerful than the noise of a jackhammer. Denver District Court Judge Robert E. MacLean proved it. The noise and the law came into contention when MacLean tried to preside over an assault case. As the trial got underway, a workman on a nearby street started up his jackhammer. "It sounded like an earthquake," said Court Gerk Goldie Gold. "The whole courtroom just rattled." MacLean sent a deputy sheriff to stop the clatter, but the workman refused to do so without orders from his superior. A court order was served on the foreman, but the worker kept at it while the foreman rushed off to find his boss. MacLean finally took matters into his own hands and met the workman personally to tell him what would happen if he continued. The noise stopped. "If he wants to run the machine, he does so at his own risk," MacLean said. He explained by "risk he meant a contempt of court citation and a possible jail stay. The vice president of the construction firm finally telephoned the court to tell the judge that nearby hotel guests would be disturbed if his crews worked at other times. "Im not as concerned about hotel guests as I am about a fair trial," the judge said. "I just dont think its fair to any defendant whos entitled to a fair and due process trial to be subjected to these things. Officials for the firm said work would be carried out elsewhere until the case was completed. War End Still 25 Years Away? Former CHICAGO (UPI) the Morse Sen. says Wayne Oregon be United States may fighting the another 25 for war in South Vietnam years. "People think getting fooling may be years." ference. Nixon is soon out of Vietnam, but he's the American people. We out of Vietnam in about 25 Morse told a news con- -, Patchwork Control Plan Hit by Arthur Goldberg -WASHINGTON (UPI) Democrat Arthur J. Goldberg, in with the administration view, said that nothing less than blanket controls with a huge bureaucracy to administer sharp dispute them would be needed to control inflation when the wage price freeze ends. Goldberg, a former labor lawyer, cabinet member, United Nations Ambassador and Supreme Court justice, disagreed with the White House and with other prominent liberal Democrats in rejecting selective controls of the economy after Nov. 13. "Patchwork controls will result in a chaotic labor and price situation which will not be tolerated" by the public at large, Goldberg told the House-Senat- e Economic Committee. Treasury Secretary Connally Jr., chairman of the Cost of Living Council which is to map out the next step after the freeze, has already d controls rejected enforced by a huge bureaucracy. Some Democrats, notably economist John Kenneth Galbraith and Chester Bowles, the former across-the-boar- administrator of wartime wage-pric- e controls, have argued that controls need be imposed on the wages and prices of only the largest corporations. Goldberg said he could not agree "with my friends Chester Bowles and Mr. Galbraith." Head Says Sorry About Busing HEW HEW (UPI) Secretary Richardson expressed his sympathy for the parents of San Franciscos Chinese children who are being used to schools outside WASHINGTON Chinatown. "They do have my sympathy, and of course we do want to hold busing to the minimum required by law, Richardson said at a news conference. But, he added, in some cases busing is necessary "to eliminate the vestiges of officially required segregation under old laws." Richardson dodged a question about Pontiac, Mich., were antibusing sentiment led to the bombing of ten empty school buses Aug. 30. "That is not a case where the federal government is involved" he said. And he said he had no response to Mississippi Gov. John Bell Williams order to cut off state funds to Jackson, Miss., schools, where some 88,000 children are being bused under a court order plan. At one point, a HEW press aide tried unsuccessfully to steer the questions from busing and school desegregation, saying Richardson would lake questions on other subjects. One newsman wanted to know if Richardson wasnt "taken aback slightly" by President Nixon's Aug. 3 statement saying busing would be held "to the minimum required by law" and disavowing a HEW busing plan for Austin, Tex. "The impact of the Presidents statement was designed to make clear his own position in the face of question and misunderstanding," Richardson replied. "True, none of us likes controls," he said. "But it is better by far that we have full employment and controls than high levels of unemployment and inflation. "None of us likes the creation of a new bureaucracy. But it is better to have a bureaucracy than an incomes policy administered by a skeleton staff inadequate for such a formidable task." He cited the steel industry as an example. He served as chief lawyer for the United Steelworkers Union before joining the Kennedy Administration as labor secretary. If small steel firms could raise wages while United Slates Steel and other industry giants could not, he said, U.S. Steel's workers would rebel. "It simply would not work," he said. "It would create a considerable amount of chaos. He called for an agency headed by corporate and public representatives to administer labor, controls after the freeze ends. Such an agency, he said, should not be created without an act of Congress. He said the administration was making a mistake in intending to take the next step without congressional concurrence. Action by the people's representatives in Congress is necessary, he e controls to be said, for accepted by the public. long-rang- Agnew an Asset To GOP, Asserts Governor Reagan SACRAMENTO (UPI) - Gov. Ronald Reagan believes Vice President Agnew will be a strong asset for President Nixon and the Republican party in the 1972 election. Reagan said during the weekend he believed Nixon again would choose Agnew as his running mate in next years presidential election and the vice president would help the ticket in California. "I have alwavs felt," Reagan said, Vice President Agnew was an asset to the party and continue to believe he will again be on the ticket in '72 as a very strong running mate with President Nixon. Japan's GNP 2nd In Free World But Income 15th TOKYO lACCN) Japans gross (GNP) in fiscal 1970, ending in March 1971, remained second in the free world after the United States but its national income per capita ranked about 15th, this country's Economic Planning Agency (EPA) reports. The agency said GNP during the fiscal year totaled $201,993.6 million, a 16.5 per cent increase in nominal terms over fiscal 19G9. In real terms, the GNP totaled $158,873 million, a 9.7 per cent hike over the previous fiscal year. This was the first time since fiscal 1965 that the new growth rate had plunged below the 10 per cent level, the agency said. national product |