Beating the Backlog with a More Productive Prosecutor's Office.

• Author: Rubley, Steve

Prosecutors are facing a vicious cycle of high caseloads, staff burnout, and mountains of digital evidence. But incremental changes to productivity can have benefits to prosecutors, victims, and the courts.

Few people working in our justice system would disagree that times are tough. Not only are case backlogs a problem for virtually every jurisdiction, but district attorneys are leaving the profession because of unmanageable workloads, which further worsens the problem.

The data supports this. A Thomson Reuters study from 2021 found that case backlogs had grown in courts by around one third between 2019 and 2021. (1) And the NDAA recently announced that attorneys' offices across the U.S. are struggling to recruit and retain lawyers, with some experiencing vacancies of up to 16%. (2)

A NATIONWIDE ISSUE

According to data from the National Center for State Courts' Effective Criminal Case Management project, none of the 130 jurisdictions studied in 21 states fully met the criteria for timely disposal of cases. (3) These are 365 days for felonies and 180 days for misdemeanors. Delayed cases rarely favor the prosecution's case, and victims can be denied justice. But research points to poor outcomes for defendants and their families, too.

In March 2022, we were proud to sponsor an NDAA online event (4) where a panel of expert speakers, including prosecutors past and present, judges, and legal tech experts, shared their experiences and advice about improving productivity to reduce backlogs.

"THE FIERCE URGENCY OF NOW"

Jennifer Webb-McRae from the Cumberland County (NJ) prosecutor's office invoked Dr. Martin Luther King Jr. and offered advice for prosecutors who want to confront the challenges that they face today with the "fierce urgency of now." Ms. Webb-McRae noted that while prosecutors have limited ability to control what happens post-indictment, they are one of most powerful drivers of progress before that point.

Employing technology to streamline processes, like the flow of evidence between law enforcement, prosecutors, defense, and court is a significant contributor. Notably, some of this technology is identified in our Cost of Delayed Justice report as helping to reduce costs to courts, as well as driving efficiency. Ms. Webb-McRae also advocates for internal benchmarking to ensure that prosecutors are resolving cases in a timely manner and for making appropriate screening decisions during periods of high caseload so that cases can be...