Post by cjm on May 1, 2024 7:36:41 GMT
Over 230 court judgments are late
I have complained about the general use of outstanding judgements to measure legal efficiency before. Considering that cases sometimes take years to move through the legal system and then expecting a judge faced with the vast records (even assuming that they are readily available) to pontificate of within a short time, is throwing out the baby with bathwater. Just wading through the record (never mind the issues) is a mammoth task in itself. Many cases involve difficult questions (that is why they are litigated at all) and much research is needed to evaluate and decide them. The complexity easily equals what is required of a PhD thesis. There are no doubt delays which call for an explanation, but piling on these pressures on judicial officers serve no good purpose and can only contribute to bad and wrong decisions.
I also wonder what the state of the law libraries is.
In civil cases the parties have the option of settling for arbitration, which generally amounts to a more speedy process.
I have complained about the general use of outstanding judgements to measure legal efficiency before. Considering that cases sometimes take years to move through the legal system and then expecting a judge faced with the vast records (even assuming that they are readily available) to pontificate of within a short time, is throwing out the baby with bathwater. Just wading through the record (never mind the issues) is a mammoth task in itself. Many cases involve difficult questions (that is why they are litigated at all) and much research is needed to evaluate and decide them. The complexity easily equals what is required of a PhD thesis. There are no doubt delays which call for an explanation, but piling on these pressures on judicial officers serve no good purpose and can only contribute to bad and wrong decisions.
I also wonder what the state of the law libraries is.
In civil cases the parties have the option of settling for arbitration, which generally amounts to a more speedy process.