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By John Ashcroft Institute for Constitutional Studies

Does the St Louis City Circuit Court have too many judges? No because criminal defendants like their chances with City juries. St Louis Today.com. House Judiciary Committee Chairman Bryan Stevenson, R-Webb City, introduced legislation that would have reduced the City Circuit's judges by 25%. The Missouri Supreme Court commissioned the National Center for State Courts to determine the City Circuit judges' workload and found them overstaffed. But they didnt figure the jury trial rate is much higher in the City! the Post notes So thank you jurors for encouraging more defendants to exercise their rights to a jury trial. "Defendants charged with felonies in St. Louis, knowing that city juries often are sympathetic to defendants, are far more likely to demand jury trials than defendants in other circuits, as is their constitutional right. But jury trials take far more time than bench trials (in which judges render decisions on their own) or cases disposed of through plea bargains. It's disappointing that a respected organization such as National Center for State Courts would overlook this basic fact. As the Bar Association of Metropolitan St. Louis pointed out, "The survey assumes that 1 percent of felony criminal cases will be tried. While this may be true statewide, in (St. Louis) more than 2 percent of the felony cases are tried. If this adjustment is made, the survey would allocate an additional 2. 5 judges to the [St. Louis] Circuit."
Often out-state judges receive assignments to handle cases in the City and find it is a waste of time when the work day is so short. Also civil case loads have dropped since 2005 tort legislation cut the number of cases filed in the City of St Louis Circuit court
Bill would add one judge in K.C., cut six in St. Louis

"Stevenson said the studies and other judges have indicated St. Louis has more than it needs and must make better use of its time and staff. He said judges from elsewhere in Missouri have complained to him that they get assigned to handle cases in St. Louis and arrive to find the workday starts late, ends early and includes a long lunch. "They think it's ridiculous that they're getting transferred halfway across the state to fill in and work half a day," he said. "The judges are telling me there's a reason we have the criminal backlog in St. Louis city. They have to change the way they do business." But the St. Louis Circuit Court previously has taken issue with the national group's study, with judges saying the averages used don't translate well in the city court. A key concern is that the city circuit handles far more jury trials, both civil and criminal, than other courts around Missouri, and every case that reaches trial delays others waiting in line. "We don't feel we are overstaffed," Presiding Judge Thomas Grady said last fall after the study was released. "But, on the other hand, we are certainly willing to be as flexible [as], if not more flexible than, some other jurisdictions in the state of Missouri who have judges with considerably less workload than we have." Grady did not return a call seeking comment by press time Tuesday. Stevenson said another reason the St. Louis court can absorb a reduction is civil case filings have dropped notably there since the Legislature passed laws limiting injury lawsuits in 2005, while the number of judge positions in the circuit has held steady. In fiscal 2005, which ended June 30, 2005, the St. Louis circuit had 53,179 cases filed, including 7,095 civil cases, according to state court data. In fiscal 2007, after the law changed limiting where people can file suit and how much they can collect if they win, total filings dropped to 50,500, including a reduction in civil cases to 4,305, a nearly 40 percent drop. He said that while St. Louis might feel it's in the hot seat this year, the legislation is just the start of a broader effort to move judges to where they're most needed, and other counties could be in for change down the line.

Full post as published by Showmeblawgs on June 24, 2008 (boomark / email).