Specialized system clearing the courts

Bill Gang

Thursday, Feb. 4, 1999 | 11:11 a.m.

The number of civil trials in District Court exceeded the number of criminal ones for the first time last year, the first full year that judges have specialized in civil or criminal cases.

Numbers released by the Clark County Jury Services Division show the number of criminal trials in the 8th District, which covers Clark County, dropped 35 percent from the prior year, from 159 to 118.

At the same time, civil trials jumped 44 percent, from 98 in 1997 to 141 in 1998.

Overall, the number of District Court jury trials changed little, dropping by one to 259.

Court officials say it's too soon to draw conclusions, but it appears that criminal cases are being settled more efficiently through plea bargains, and civil cases are getting into court quicker.

District Attorney Stewart Bell and Chief District Judge Lee Gates credit a shift to specialization -- with roughly half of the district judges handling only criminal cases and half dealing exclusively with civil cases.

Bell said that, contrary to what the decline in criminal trials might indicate, his deputies' access to trial time actually has gotten better. Criminal cases are being resolved at a faster clip through more efficient plea bargaining, he said.

"We're working harder and smarter," Gates said.

Before specialization, judges handled both civil and criminal matters, alternating hearings from day to day and scheduling trials in "stacks," with three weeks set aside for criminal cases and the next three weeks earmarked for civil.

That caused problems, because some trials took more than a week and infringed on the next stack. Lawyers and defendants played the system to win delays and elicit better plea bargains or settlement offers. Cases backed up.

Bell said that specialization has given his office better access, because judges hear criminal cases day after day, week after week.

The result has been a reduced need to take cases to trial, because defendants often would rather take a plea bargain than face the reality that a jury is waiting to judge them.

"Defendants are reluctant to plead if they believe the calendars are so overloaded that their cases can't be tried," he said.

The increased availability of courtrooms for trials through specialization "causes them to fold and if that is what it takes for defendants to own up to their responsibilities, that's OK," Bell said.

Some of his young deputies have been champing at the bit to go to trial, he said, "but we recognize our primary duty is to do justice and protect society and if we can accomplish that through a plea, we can set our personal preferences aside."

Gates agreed that "the key is to get cases resolved, whether it is through trials or settlements."

He noted there are "a lot more civil cases than criminal, and civil cases don't negotiate as easily."

Some of the increase in civil trials last year was the result of a legal deadline that requires civil cases be resolved within five years or risk dismissal.

District Judge Michael Douglas said that civil attorneys are happier with the system, because there are courtrooms dedicated only to civil cases, which Short said make up about two-thirds of all court cases.

Three new district judges were added to the court this year, -- bringing the total to 19, and all three have been assigned civil caseloads.

While Douglas concedes that the court system has improved efficiency, he said it may be premature to give all the credit to the specialization program that went into effect in July 1997.

"If we hold onto the system for another year, maybe we'll get an accurate picture," he said.

Added District Court Administrator Chuck Short, "One year's worth of information is not a trend," noting that statistics don't reflect all the judges do, such as nonjury trials and a variety of hearings.

But many statistics on individual judges' job performances haven't been available because the judges, who are independently elected officials responsible only to the voters, haven't authorized the collection of work-related statistics.

Those statistics could show such things as nonjury trials, hearings on legal matters, settlement conferences, training sessions and, ultimately, days off the job.