The National Center for State Courts has published a comprehensive study on the management of criminal cases in North Dakota. The findings reveal that, relative to population size, the state's 55 judges handle the highest number of criminal cases nationwide. Additionally, North Dakota courts are recognized for their efficiency, with an average time of 190 days from filing to disposition in felony cases.
A systemic approach to caseflow management is credited for this success. This includes setting clear expectations and standards, utilizing data-driven strategies for judge rotations and schedules, incorporating flexibility into the calendar system, and employing real-time monitoring and verification processes.
Key tools supporting this management include dashboards for tracking documents ready for review, decision deadlines, case ages, and pending hearings; alerts within programs to flag missing data or errors; and automated information sharing with relevant departments such as the Department of Correction and Rehabilitation.
Despite these achievements, some statewide issues affecting case processing times were identified. These include delays in obtaining reports from state hospitals due to staff shortages and communication issues regarding competency evaluations versus criminal responsibility assessments. Delays also occur in public defender appointments due to incomplete applications or attorney conflicts.
The study recommends further examination into two areas: delays in discovery processes for sexual assault or familial violence cases compared to other violent offenses; and variations in pre-trial bench warrant rates across judicial districts.
Since 1995 under Chief Justice Gerald VandeWalle's leadership, time-to-disposition standards have been crucial for fair court proceedings. Former judges Alan Schmalenberger, Frank Racek, Gail Hagerty, and Justice Dale Sandstrom played significant roles in adopting effective case management principles.
Judge Frank Racek emphasized that no universal process guarantees timely case processing but highlighted the importance of evaluating caseloads based on various factors specific to each locality. He attributed success partly to collaboration with Birch Burdick and Monte Mertz.
Acknowledgments were given to Judge Robin Schmidt, Assistant State Court Administrator Scott Johnson, Unit Court Administrator Kelly Hutton for their roles in managing committees related to caseflow management; Judge Brad Cruff's leadership on mental health workgroups; Travis Finck’s contributions as Executive Director of Indigent Defense; Sara Behrens' efforts as staff attorney; Jeff Stillwell’s leadership within IT developments was also recognized.
This project received support through Grant No. 15PBJA-21-GG-04272-JRIX from the Bureau of Justice Assistance under its Reducing Crime by Improving Justice System Performance program—a division within the U.S. Department of Justice’s Office of Justice Programs.