Public Notice Detail
Northeast MN Judges Seek Resources to Cope with Caseloads, Provide Child Advocates
Posted: Friday, March 30, 2001
Surrounding judicial districts that have experienced massive case filing increases could temporarily pull judges from the Sixth District. Providing judicial resources to surrounding districts disrupts case flow and decreases efficiency. In the past, when called upon to help other districts, each Sixth District judge has spent up to two weeks outside of the district. The Sixth District includes the counties of Cook, Carlton, Lake and St. Louis.
Since 1982, the Sixth District has seen a 142 percent increase in major criminal cases and a 127 percent increase in juvenile cases. Major cases take about 80 percent of judges’ time.
All across the state, judges are working harder than ever under the pressure of increased filings. The State Legislative Auditor reported on Jan. 26, 2001 that Minnesota’s judges handle 49 percent more cases per judge than judges in states with similar court systems (7,854 total filings per Minnesota judge compared to a median of 5,274 total filings per judge in comparable states).
The result is judges spending less time on each case. Some judges have used the terms “McJustice” and the “Assembly Line of Justice” to describe their courtrooms.
“We are not dealing with widgets or fast food,” said Judge Gary Pagliaccetti, Chief Judge of the Sixth Judicial District. “We are dealing with real people and we must give them the time that they deserve.”
On average, Minnesota judges spend 11.3 minutes per Driving While Intoxicated case, 20.5 minutes per domestic abuse file and only 2-5 minutes per case on arraignment calendars. Time spent per case is reduced further if judges are uprooted and sent to help in other districts.
Attracting/Retaining Employees
Law clerks play an important role in helping judges meet caseload demands. Clerks conduct most legal research and draft judges’ decisions.
However, Sixth District judges are having great difficulty attracting qualified law clerks to Greater Minnesota because of low salaries. First-year attorneys employed as law clerks make $26,706 a year. By comparison, first-year attorneys make $43,000 a year in the Public Defender’s Office, $39,000 in the Attorney General’s Office and as much as $96,000 at Twin Cities private law firms.
The Sixth District currently has five clerk vacancies, some dating back to May 2000. Though the positions were recently filled, the district must now wait until August for the new clerks to pass their bar exams. Once clerks are hired, many must take additional part-time jobs to supplement their incomes.
Guardians ad Litem
The Judiciary’s budget includes $6.8 million for mandated services such as guardians ad litem, or advocates for abused and neglected children.
Currently, 40 percent of all Minnesota children involved in child abuse and neglect court proceedings have no one to represent them even though an advocate is required by state and federal law. An additional 14 percent have inadequate representation because existing guardians are stretched so thin that they cannot spend enough time on each case.
The Sixth Judicial District has felt this shortage acutely. Coordinators who schedule and train guardians are even scarcer than guardians themselves. A single coordinator splits her time between Lake and Cook counties. However, she works only 10 hours a week because the district cannot afford to make her a full-time employee with benefits.
“There are already unacceptable deficits in these areas and we must work to change them,” said Minnesota Supreme Court Chief Justice Kathleen A. Blatz. “Minnesotans come to us with some of their most important disputes – involving their families, their children, their homes and their businesses. If we fail to address the court system’s needs, there will be real consequences for real people.”