Tuesday, Sept. 30, 1997 | 9:39 a.m.
Despite "daunting problems and public and internal disagreements," Clark County Family Court has provided effective and efficient service to the public.
That was the conclusion of a $82,500, eight-month study by Dan L. Wiley & Associates Inc., which was commissioned by the court to assess its progress.
Two of the major complaints of litigants, as outlined in the SUN's series on Family Court last January, were the lack of investigation of cases and lengthy delays in resolving disputes. While the study found there were some excessive delays, Wylie said these were not typical.
The Florida-based consultant said the court is fourth among 16 urban domestic relations jurisdictions in overall timeliness. Yet he said case management and the expeditious handling of cases should be the highest priority.
The study noted the lack of uniform procedures and standards by which Family Court can accurately assess its performance. Case management information also was not available, it said.
Some of the study's major findings and recommendations:
Wylie found there is no clear division of responsibility between the presiding judge and the individual judges on administrative matters.
"Members of the court, whether because of the pressures of the work, personality conflicts, differing philosophies of operation or other reason had not developed the unity of purpose and practice that were originally envisioned for the court," the study said. "This fact as much as any other led to the perception of a court without direction and without success."
There has been growing support for the appointment of a chief judge who would ensure timely case flow and decisions, and standardize procedures.
Wylie recommended that FMAC limit its scope of responsibilities, expand the use of community services and seek additional staff.
According to the study, the demand for FMAC services far exceeds its capabilities and resources to the point where "its ability to deliver quality service was compromised."
FMAC's caseload rose 182 percent from 1986 to 1996. Litigants have complained about the lack of thorough investigation and workers relying on statements by ex-spouses to determine character and complete reports. Wylie said this was not sound practice.
Wylie noted that some people negotiate their way through the system by hit and miss, relying on their own research or by buying standardized form packages.
A pro se assistance program could be funded initially by a grant, charging a small fee for nonindigents, using a full-time lawyer or volunteer lawyers. Law school interns also could help.
"This shift ... could have an impact on the allocation of judicial officers, staff and other resources because of the criminal implications of some of the findings, the potential for fraudulent use of the protective order mechanism, the scrutiny of specific-interest groups and a heightened concern by the public," the study said.
Total caseload increased 85 percent in the same 10-year period. Another 50 percent increase is seen through 2010.
However, the caseload may be understated, according to the study, because of the lack of data kept by the court. The court tracks only new cases and ignores "reopened" cases, Wylie said, which includes those to change visitation or alter child support. Not counting these cases in the caseload figure understates the true workload, he said.
In compiling the report, the consultants talked to judges, court administrators, program managers and attorneys. The consultants sat through some court proceedings, but did not indicate they interviewed any litigants.
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