Seeking Best Practices Among Intermediate Courts of Appeal: A Nascent Journey

Journal of Appellate Practice and Process, Vol. 9, No. 1, Spring 2007

83 Pages Posted: 25 Sep 2007 Last revised: 25 Jun 2013

See all articles by Warren Binford

Warren Binford

Willamette University College of Law

Preston C. Greene

affiliation not provided to SSRN

Maria C. Schmidlkofer

Saalfeld Griggs PC

Robert M. Wilsey

affiliation not provided to SSRN

Hillary A. Taylor

Keating Jones Hughes, PC

Abstract

Numerous intermediate courts of appeal across the nation are faced with insufficient budgets to manage increasing case loads. As a result, it is necessary to identify best practices among appellate courts, so that courts can consider and, if appropriate, adopt identified best practices to improve court performance.

This article provides an analytical summary of the results of a best practices study of thirteen intermediate courts of appeal. The participating courts completed an on-line survey in which they were asked to answer forty-two questions regarding case processing and management, court staffing, budget, etc. They also were asked to identify factors that they believed contributed to court delay and innovations that increased court performance.

The responses were then analyzed using basic statistical methods to determine whether there are relationships between court performance and various factors such as budget size, court staffing, etc. The article also highlights some of the innovations being undertaken by participating courts to increase overall court efficiency and productivity.

The authors conclude that the courts they surveyed are struggling to meet the ABA standards for case processing at almost every stage of the appellate process and that courts are striving to create new systems to improve court performance in the face of limited resources. The authors find that there is limited information available to courts to undertake improvements and urge additional research to be conducted to assist courts with adopting best practices to maximize court efficiency and productivity.

Keywords: courts of appeal, best practices, study, intermediate

JEL Classification: K00, K41, K40, K49, L00, L10, L20

Suggested Citation

Binford, W. Warren Hill and Greene, Preston C. and Schmidlkofer, Maria C. and Wilsey, Robert M. and Taylor, Hillary A., Seeking Best Practices Among Intermediate Courts of Appeal: A Nascent Journey. Journal of Appellate Practice and Process, Vol. 9, No. 1, Spring 2007. Available at SSRN: https://ssrn.com/abstract=1016567

W. Warren Hill Binford (Contact Author)

Willamette University College of Law ( email )

245 Winter St. SE
Salem, OR 97301
United States
503-370-6758 (Phone)
503-375-5433 (Fax)

HOME PAGE: http://www.willamette.edu/wucl/faculty/profiles/binford/

Preston C. Greene

affiliation not provided to SSRN

Maria C. Schmidlkofer

Saalfeld Griggs PC ( email )

Park Place, Suite 300
250 Church Street SE
Salem, OR 97301
United States

Robert M. Wilsey

affiliation not provided to SSRN

Hillary A. Taylor

Keating Jones Hughes, PC ( email )

One SW Columbia, Suite 800
Portland, OR 97258-2095
United States

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