CaseFlow-Management Committee, July 9, 2004

Case Flow-Management Committee

Minutes Radisson Hotel, Bismarck
July 9, 2004

Members Present Judge Allan Schmalenberger, Chair Sally Holewa Sherry Mills Moore Connie Portscheller Steve Balaban Judge Robert Wefald	Members Absent Birch Burdick Judge Laurie Fontaine Judge John Greenwood Steve Johnson Judge Debbie Kleven Judge William McLees Steve Mottinger Judge Frank Racek Rick Volk
Staff Ted Gladden Louie Hentzen

Members arriving late due to previous commitments were Judge Wefald and Sherry Mills Moore.

The minutes of the December 19, 2003, meeting were approved as distributed.

Discussion focused on Rule 16 as amended. Rule 16 gives the court flexibility in scheduling and does away with certificate of readiness. Where do we go from here? Judge Schmalenberger suggested that the units put in writing as to what they are doing regarding case scheduling. Mr. Gladden proposed that each unit create a caseflow management committee with all the participants including attorneys.

Mr. Gladden made a motion to request the Administrative Council to require each unit to create a caseflow management committee which includes judges and attorneys. Connie Portscheller seconded the motion and it was passed unanimously.

Mr. Gladden made a second motion to recommend the Administrative Council to ask each unit to prepare a plan and submit it to the Caseflow Management Committee by June 30, 2005, and the Committee should provide the guidelines for each unit's plan. The motion was seconded and passed unanimously.

Civil case tracking was not discussed at this time. It was determined to wait for information from the units.

Discussion next focused on the new Administrative Units. Mr. Gladden described the new reorganization as related to Administrative Rule 6.1. Mr. Gladden explained the make-up of the new Administrative Council, which includes three trial judges (one from each of the multiple district units), the presiding judge of each district, the chief justice, an associate justice, and a member of the bar. Judge Schmalenberger thought that the new reorganization would encourage caseflow management throughout the state. Mr. Gladden emphasized the need for consistency throughout the state.

The proposed revisions to the ABA Speedy Trial Standards were handed out for review. A comment was made that it was a good document to aid in the development of the unit plans.

General discussion continued around previously discussed topics as the meeting was joined by Judge Wefald and Sherry Mills Moore. It was suggested by Judge Wefald that the meetings be scheduled further out so members can schedule their attendance.

It was determined that the August 6, 2004, meeting was not needed at this time and that the next scheduled meeting will be October 22, 2004.

No other business was discussed. The meeting was adjourned.