How Targeted Case Management Can Improve Fairness in Case Outcomes
Steps for making civil courts more effective
Overview
Prioritizing the needs of individual users in case management practices and approaches can help courts deliver fair and just outcomes and reduce costs and delays. Courts have a responsibility to actively manage cases to ensure that legal issues are being resolved.1 User-centered (also called “differentiated”) case management involves tailoring resources, required steps, and level of court personnel involvement to the complexity of each case and to litigants’ specific needs.2
Courts can adopt a user-centered case management approach by implementing three key practices:
- Triage cases based on court and user needs.
- Ensure that court users understand and are prepared for what will happen next at every point in their case.
- Support court personnel in using case information and other data to determine steps needed to effectively adjudicate a case.
After extensive research, The Pew Charitable Trusts has developed a framework outlining how and why courts should modernize.3 These steps arise from that work and can help programmatic and operational court staff, along with court leadership, assess how their state or jurisdiction currently manages cases; identify opportunities to improve; and decide—with input from relevant stakeholders—which of those opportunities to pursue and how.
Step 1: Bring together relevant court staff and external stakeholders
These groups can contribute important perspectives and insights about how courts can streamline case processing based on user needs and case complexity.
Court users can provide feedback on whether they received the right amount of attention on their case, how they were treated by the court, which experiences and interactions encouraged their participation in their case, and what challenges and barriers they faced in the court system.
Leadership/administrative officers can outline the purpose and goals for user-centered case management and support studies or efforts to improve how cases are managed.
Judges can take an active role in engaging with users and managing cases; they can partner with bailiffs, assistants, and clerks to ensure that cases proceed smoothly.
Clerks can support case management teams and judges to ensure that processes go smoothly and provide feedback on how changes are affecting court users.
IT staff can develop and implement systems and tools to improve and enable court users’ participation and work with the case management system vendor (if applicable) to support tracking and monitoring of case data.
Access to justice staff can ensure that case management changes are consistent throughout jurisdictions and that court users understand what they need to do, and can work with relevant personnel to identify sticking points for court users.
Research staff can measure whether cases are meeting deadlines, conduct user testing, and evaluate whether reforms are having the intended impact.
Self-help staff (including court navigators) can inform leadership, access to justice staff, and other relevant personnel about the challenges that court users face and the changes that would be most helpful.
Community partners (e.g., schools, food banks, housing advocacy organizations) can give feedback about legal needs and information gaps in their communities.
External researchers can conduct accessibility audits, translate resources, conduct user testing, and provide guidance on how to incorporate third-party technologies (e.g., text reminders) into court processes.
Legal stakeholders (e.g., civil legal aid, law firms) can provide insight into how they would be affected by new rules—such as those related to proportional discovery and scheduling changes—and what guidance they would need to effectively navigate a new case management pathway.
Step 2: Assess current practices and set next steps
For each metric, determine whether the answer to the initial question is yes or no using the suggested measure. When the answer is no, the court should pursue the suggested next steps in collaboration with staff and stakeholders. The suggested steps are not prescriptive; instead, they provide ideas and options for getting started. The included state examples can help courts determine what actions are feasible given available resources.
Table 1
Cases Should Receive the Amount of Attention Appropriate for Users’ Needs
Metrics, suggested steps, and state examples and resources
Metric | If not, suggested next steps | Examples and resources | |
---|---|---|---|
Does the court use differentiated case management rather than a one-size-fits-all approach? How to measure it: Review court guidelines and case management training provided to judges. |
Who's involved: Internal
External
|
|
|
Has the court clearly defined the roles for all court personnel related to managing cases (e.g., do personnel know the questions they should be asking, how to triage cases, and their specific roles and responsibilities)? How to measure it: Review whether the court has published guidance for differentiated case management. |
Who's involved: Internal
|
|
|
Do the processes court users must follow to resolve their legal issues involve the minimum possible steps? How to measure it: Use process mapping to document all the steps that a court user must take in each type of case, such as filing documents, notifying other parties when those documents are filed, and providing evidence to the court. |
Who's involved: Internal
External |
|
Sources: Institute for the Advancement of the American Legal System, “Redefining Case Management” (2018); National Center for State Courts, “Call to Action: Achieving Civil Justice for All” (2016); National Center for State Courts, “Civil Justice Initiative: A Guide to Building Civil Case Management Teams” (2017); National Center for State Courts and Institute for the Advancement of the American Legal System, “Civil Justice Initiative: Evaluation of the Civil Justice Initiative Pilot Project (CJIPP)” (2019); National Center for State Courts, “Process Simplification: A State Court Toolkit” (2022); National Center for State Courts and Institute for the Advancement of the American Legal System, “Civil Justice Initiative: Performance Measures for Civil Justice” (2017); Supreme Court of Arizona, “Order: Amending the Arizona Rules of Civil Procedure and Related Provisions, No. R-17-0010” (2017)
Table 2
Courts Should Provide Clear, Understandable Information to Help Users Prepare for Each Step in Their Case
Metrics, suggested steps, and state examples and resources
Metric | If not, suggested next steps | Examples and resources |
---|---|---|
Are all jurisdictions adhering to procedures? How to measure it? Analyze docket data to determine whether courts are submitting required information (e.g., attaching documentation); obtain feedback from legal stakeholders and court staff to gauge whether court personnel are consistently following rules and processes. |
Internal
External
|
|
When users have multiple related cases, does the same court (e.g., probate versus family court) or judge handle all of the cases unless a user requests otherwise?
Conduct process mapping for management of separate-but-related cases to assess whether the cases vary in where they are filed, what forms are required, and how scheduling is handled. |
Internal
External |
|
Are court users aware of the status of their cases, next steps, and estimated resolution dates?
How to measure it:
Survey defendants who did and did not respond to a lawsuit against them; use contact information pulled from the summons or other relevant court documents. |
Internal
External
Court Users
|
|
Sources: Institute for the Advancement of the American Legal System, “Survey of the Arizona Bench and Bar on the Arizona Rules of Civil Procedure” (2010); Arizona Supreme Court and Administrative Office of the Courts, “Arizona Supreme Court Approves Civil Justice Reforms,” (Sept. 26, 2017); State of Wisconsin Circuit Court - La Crosse County, “Sufficiency of Consumer Credit Complaint Checklist”; Pine Tree Legal Assistance, “Guardianship of a Minor”; Florida Courts, “One Family One Judge”; Utah Courts, “Family Department Organization and Operations”; Steven D. Capps, “Updated: Family Division Case Inventory Form,” (Sept. 25, 2019); E. Blonder, “The ‘One Family, One Judge’ Court Model: Instituting Integrated Domestic Violence Courts in the United States”; Stanford Legal Design Lab, “Wise Messenger”; Civil Justice Inc., “Maryland Justice Passport”; Institute for the Advancement of the American Legal System, “Working Smarter Not Harder: How Excellent Judges Manage Cases” (2014)
Table 3
Court Personnel Should Be Able to Reference User Data to Determine Needed Case Steps
Metrics, suggested steps, and state examples and resources
Metric | If not, suggested next steps | Examples and resources |
---|---|---|
Do court staff connect users to noncourt resources based on their needs?
Analyze court data to identify whether the court regularly refers users to appropriate external resources, or partner with external organizations to evaluate their intake and outcome data. |
Internal
External
|
|
Can judges and clerks securely access information about litigants’ interactions with the judiciary and with other government agencies or governments (e.g., Tribal courts)?
Audit the case management system’s linkages with external sources, or survey judges about whether and how they access and use such information. |
Internal
|
|
Sources: Judicial Council of California, “Human Trafficking in California: Toolkit for Judicial Officers” (2017); Massachusetts Trial Court, “The Housing Court Department Civil Informational Sheet”; Joint Technology Committee, “JTC Resource Bulletin: Cybersecurity Basics for Courts” (2021); R. Alexander, (July 14, 2023); Michigan Justice for All Commission Technology and Data Sharing Committee, “Re: Input on Data Types and Elements Which Should Be Captured by Courts and Submitted to the JDW” (April 18, 2022)
The work in action: Maine puts children and families first in guardianship reform
Adults caring for children who are not their own often have difficulty navigating the courts when seeking a minor guardianship order—in which a court grants a nonparent the legal rights and responsibility to care for a child.4 As in many states, Maine designed its guardianship statute two centuries ago to provide for the care of orphaned children, and the outdated provisions often failed to account for instances when living parents were temporarily or permanently unable to care for their children. Recognizing this challenge, the Maine Legislature enacted two significant reforms.
First, in 2016, it passed the Home Court Act to help children and families resolve guardianship cases promptly and fairly by ensuring that all matters involving a child are heard in the same court.5 Previously, all guardianship matters had to be heard in county probate courts, and if a child was also the subject of a case in the state court’s Family Division, such as a dependency or custody proceeding, families had to attend hearings in various courthouses and adhere to differing sets of rules across jurisdictions.
Second, that same year, the Legislature directed the Family Law Advisory Commission to study the state’s minor guardianship statute and propose policies that better reflect the needs of courts, children, and families.6 The commission, aided by Deirdre M. Smith, a professor at the University of Maine School of Law, conducted research and interviews with families and other stakeholders and found an outdated and inflexible system with a patchwork of informal workarounds that courts had implemented in an attempt to tailor solutions to families. Based on those findings, in 2018 the Legislature enacted an overhauled guardianship statute that replaces the old one-size-fits-all approach with a system focused on family needs and individualized solutions.
“By enacting these important reforms, our state lawmakers have ensured that our policies reflect the way that most families use minor guardianship today—namely, when a family member steps in to provide care for a child because a parent is unable to do so because of their incarceration, substance use, youth, illness, or housing instability,” Smith explains. “Perhaps most significantly, the new statute gives judges the tools they need to manage the court process and to craft guardianship orders that meet the specific needs of the child, their parents, and the person providing care for the child.”7
Endnotes
- National Center for State Courts, “Call to Action: Achieving Civil Justice for All” (2016), https://www.ncsc.org/__data/assets/pdf_file/0021/25581/ncsc-cji-report-web.pdf.
- Institute for the Advancement of the American Legal System, “Redefining Case Management” (2018), https://iaals.du.edu/sites/default/files/documents/publications/redefining_case_management.pdf; National Association for Court Management, “Competency: Purposes and Responsibilities,” accessed Aug. 23, 2023, https://nacmcore.org/competency/purposes-and-responsibilities/; The Pew Charitable Trusts, “How to Make Civil Courts More Open, Effective, and Equitable” (2023), https://www.pewtrusts.org/research-and-analysis/reports/2023/09/how-to-make-civil-courts-more-open-effective-and-equitable.
- The Pew Charitable Trusts, “How to Make Civil Courts More Open, Effective, and Equitable.”
- The Pew Charitable Trusts, “Outdated Court Policies Can Leave Children Without a Legal Guardian” (2023), https://www.pewtrusts.org/en/research-and-analysis/reports/2023/09/outdated-court-policies-can-leave-children-without-a-legal-guardian.
- Pine Tree Legal Assistance, “Adoption, Guardianship of a Minor, Child Name Change, and Maine’s Home Court Act: When, Where, and How to File the Jurisdictional Affidavit,” accessed Aug. 25, 2023, https://www.ptla.org/adoption-guardianship-minor-child-name-change-and-maines-home-court-act-when-where-and-how-file#.
- D.M. Smith, “From Orphans to Families in Crisis: Parental Rights Matters in Maine Probate Courts,” Maine Law Review 68, no. 1 (2016): 46-118, https://digitalcommons.mainelaw.maine.edu/mlr/vol68/iss1/11/.
- D.M. Smith, Professor of Law and Director of the Public Interest and Social Justice Certificate Program, University of Maine School of Law, Email to Sarah Godfrey, officer, The Pew Charitable Trusts, Oct. 6, 2023.