The Two Faces of Janus: Delay in Metropolitan Trial Courts

Abstract

Recent studies show that metropolitan trial courts have far larger case-loads than other courts. These loads differ in substance from those of nonmetropolitan courts, being disproportionately weighted with special types of cases, such as criminal, mental, alcoholic, traffic, domestic relations cases, and litigation otherwise related to the special behavior of metropolitan populations. Metropolitan court systems usually are complex, overlapping, and not adjusted to the geo graphic area to be served. Because of the special structural patterns of metropolitan courts, and the special conditions under which they operate, delay in disposing of cases is espe cially and predominantly a metropolitan court problem. In these courts, ever increasing pressure to speed up the tempo of justice is balanced by the need to avoid perfunctory routine disposition, so as to defeat the very purpose of seeking justice. To overcome both aspects of this leering monster—delay and perfunctory routine—is the special problem of metropolitan courts.