Court Caseload Management: The Role of Judges and Administrative Assistants

Adalmir Oliveira Gomes,Luiz Akutsu,Tomas Aquino Guimaraes

doi:10.1590/1982-7849rac2017160179

Adalmir Oliveira Gomes, Luiz Akutsu + Show 1 more

Open Access

https://doi.org/10.1590/1982-7849rac2017160179

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Abstract

Abstract Court caseload management is of key importance for guaranteeing the adjudication of cases and depends on how judges and administrative assistants deal with their workload. Results from several studies indicate that an increase in court caseload tends to generate an increase in the judge’s production. However, some authors argue that this relationship is far more complex. To develop a fuller understanding of this relationship we tested an array of direct and moderating hypotheses. We used secondary data from 566 judges working in first trial courts in the State Justice System of Sao Paulo, Brazil. The results indicate a direct and positive relationship between court caseload and judge production, but the strength of this relationship depends on court specialty. The findings also indicate that the number of administrative assistants, judge experience and the number of places a judge works all moderate the caseload-production relationship. The results contribute to the development of strategies to address the delays and congestion of courts, two of the main Brazilian Judiciary problems.

Highlights

One of the major problems faced by courts in several countries is the delay in trial proceedings
The findings indicate that the direct relationship observed between caseload and the dependent variables is moderated by two variables: administrative assistants and judge workplace
The results indicate that the efforts made by judges in response to an increase in caseload are stronger among less experienced judges who usually work in peripheral criminal courts

Summary

Introduction

One of the major problems faced by courts in several countries is the delay in trial proceedings. Several studies (Beenstock & Haitovsky, 2004; Castro, 2011; Dimitrova-Grajzl, Grajzl, Sustersic, & Zajc, 2012; ElBialy, 2011; Rosales-Lopez, 2008) found a positive relationship between those variables in different courts from different countries. These studies are important, they have been the target of many critics, who claim, for example, that the investigated relationship is much more complex than has been presented (Jonski & Mankowski, 2014)

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