Professional Documents
Culture Documents
Thanks to Steven Davenport for his early help with data analysis and Professor
Matthew Steffey for sharing his expertise in Mississippi criminal law and local practice.
November, 2015
The purpose and scope of this report is expressly limited to policy and management related issues. None of the staff
assigned to work on this report are licensed to practice law in the State of Mississippi. The report does not provide
legal advice in any form, and no legal services of any kind are provided herein. Accordingly, no individual, agency or
organization should form, modify or abandon any legal position in any case or matter, now or in the future, on the basis this
report or its contents.
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
CONTENTS
3
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
4
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
BACKGROUND
In 2014, the Mississippi legislature appropriated While the scope of work was broad, the core
funds for a study of crime and criminal justice question concerned case-processing time: that
operations in the city of Jackson. After is, how long it takes to move a case from arrest
consulting with various stakeholders, the Office to disposition. In particular, the stakeholders
of the Attorney General issued a request for wanted to know what resources are required to
proposals to conduct a study in two parts: one move cases faster, and whether Hinds County
concerning judicial resources and processing has a sufficient supply of those resources.
times for criminal cases in the Hinds County
Why this focus? For one, there is a longstanding
Circuit Court, and the other focused on the
concern about delays in the Hinds County
effects of school discipline and use of School
Circuit Court. In addition, there was a perception
Resource Officers in the Jackson public
that long case-processing times emboldened
schools. This section of the report focuses on
criminals by creating a sense of impunity.
the criminal justice aspect of the project.
5
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
6
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
7
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
Figure 1 illustrates the performance of the felony cases be resolved within 270 days (nine
Hinds County Circuit Court measured against months). The court is meeting that standard in
the local time standard setting the goal that less than a quarter of the cases.
6%
6% 21%
09 MONTHS
10%
9 MONTHS1 YEAR
12 YEARS
7%
23 YEARS
34 YEARS
20% 45 YEARS
5 YEARS+
30%
8
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
Figure 2 illustrates the performance of the Hinds of the cases should close within 180 days, the
County Circuit Court against the national time Hinds County number is 14%, and in Hinds
standard. Instead of 75% of cases resolving County 45% of felony prosecutions are disposed
within 90 days, the figure is 9%. Although 90% within a year, instead of 98%.
3%
6%
Note: The larger image shows the Hinds County Circuit Court numbers, contrasted with the inset, which shows
thestandard.
9
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
ADDITIONAL MEASUREMENTS
We also measured the clearance rate, age of opened in order to whittle down the backlog.
active pending cases, and trial date certainty. We calculated the clearance rate for each
Although we were not specifically asked for year between 2011 and 2014. As shown in
these figures, as shown below, they are critical Figure3, the court has not come close to the
to evaluating the performance of a court. desired rate of 100%.
CLEARANCE RATE Figure 3 shows the overall clearance rate for each
A courts clearance rate (the ratio of outgoing year, including the ratios when the clearance
to incoming cases) is what causes the backlog rate is broken out into newly filed cases and
to increase or decrease. Appendix 1 explains prior-year cases. The new-case clearance rate
the ideal method used to generate the ratio refers to cases that were filed and closed in the
and a simpler workaround.11 Ideally, a court same year, and the prior-year clearance rate
will keep pace with its caseload by closing as refers to cases that were filed in a prior year but
many cases as are opened (i.e., a clearance closed in the current year. The overall clearance
rate of 100%). In a jurisdiction with heavy rate shows how many cases were closed each
judicial caseloads like Hinds County, the court year compared to the total number of prior year
should aspire to close more cases than are cases and new cases filed.
40% 38%
35% 34%
30% 26%
22%
20% l l l l
2011 2012 2013 2014
PRIOR YEAR CASE CLEARANCE RATE
NEW CASE CLEARANCE RATE
OVERALL CLEARANCE RATE
10
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
215
TOTAL NUMBER OF CASES
NEW CASES
600
PRIOR YEAR CASES
506
400
153
200 246
60 83
83 88
0
2011 2012 2013 2014
As would be expected, the ratio is higher for naturally that we should see the number of cases
the older cases and lower for the new ones. not disposed of by 2014 increase at a steady
From 2013 and 2014, the courts ability to rate. While this is generally true of disposal rates
resolve cases in the same year they were filed of prior year cases, it does not hold true when
decreased substantially. examining the rate for new cases. In each year
from 2012 to 2014, the number of new cases
As the clearance rate decreases for both new
not resolved more than doubles, illustrating
and prior cases, there is an increase in the
something we all know intuitively: a heavy
absolute number of new and prior year cases still
workload makes it harder to get anything done.
not disposed of by 2014. As shown in Figure4,
These figures suggest that the court is falling
the number of new and prior year cases not
further behind each year in disposing of new
disposed of by 2014 increases from 2011 to
cases and the backlog is growing.
2014. The low clearance rate would suggest
AGE OF ACTIVE PENDING
In each year from 2012 to 2014, CASES
the number of new cases not The age-of-pending-cases calculation is useful
resolved more than doubles, to judges as an early warning signal when
illustrating something we pace starts to slow down. Instead of waiting
all know intuitively: a heavy until the case has closed to see where we
are, this measurement allows for mid-course
workload makes it harder to
corrections. In the Hinds County Circuit Court,
getanything done. we see that movement is in the wrong direction.
11
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
1 YEAR
0 l l l l
2011 2012 2013 2014
Figure 5 shows for the past four years the trend ally share the characteristic that a trial date
has been upward by a substantial measure. From is set only once before the case goes to
2011 to 2014, the average age of pending cases disposition. We could not perform the actual
increased from just over 1 year to nearly 1.5 years. percentage calculation prescribed by the
NCSCs diagnostic tools because it would
From 2011 to 2014, the average
have required examining the case folders of a
age of pending cases increased large number of cases, but we reviewed the
from just over 1 year to nearly 22 cases that were actually tried, and counted
1.5 years. 117 continuances of trial dates. Anecdotal
information and general review of the dockets
TRIAL-DATE CERTAINTY suggests that in most instances the court
Research has demonstrated that the certainty routinely assigns a trial date in each court term,
of a trial date is a critical factor in improving but the assignment is not official until the court
case processing times.12 Fast courts gener issues a trial lineup, and even then, the parties
are well aware that cases low on the list are
12. See Appendix 4. unlikely to be called for trial.
12
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
13
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
an important fail-safe feature in a clerks office. If fashion; the clerks office enters filings and
a record is kept of all papers filed, then it will be court events onto the docket, while the court
apparent when one goes missing. administrator updates the CRMNL system with
such information as is needed to assist the
As described more specifically in Appendix 2,
judge with case management. For reporting
computerization of the Hinds County Circuit
purposes, i.e., when supplying required data
Court Clerks office has not been successful.
to the Administrative Office of Courts, the
Instead of making a complete transition to MEC,
Hinds County IT department exports data from
employees use the new computer for new cases
CRMNL into spreadsheets. Due to limitations
while continuing to use the older systems for
in databases (explained fully in Appendices 2
pending cases.15 Prior to the rollout of MEC, the
and 3), we believe that it is not possible to rely
Hinds County Circuit Court used two modules
on exported data to determine the number of
of a database system to track cases. The
cases that closed in a defined time period.
clerks office used a module known as CCK for
docketing, while the court administrators used We also discovered that a public-access
a separate module variously called HCCS or terminal in the clerks office could be used
CRMNL to manage cases for the judge.16 The to view screens that include the defendants
systems proceed in parallel but not identical social security number.17
15. This appears to be a violation of the implementation 17. A redacted copy of one such record is attached as
order issued by the Senior Circuit Judge and counter Exhibit E. Prior to release of the report, we informed
signed by the Clerk. Exhibit D: Order Approving the Attorney Generals Office so that this access could
Attorney E-Filing, September 24, 2013, Green, J. be removed.
16. Each of the judges in the Hinds County Circuit Court
has an employee known as a court administrator, but
her actual job function is quite different from the role
of a professional court administrator as that term is
commonly used. These administrators function more
like session clerks or courtroom clerks, supporting the
judge with day-to-day management of the caseload.
14
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
Practices in the Hinds County 18. Case outcomes grouped together as non-adjudication
courts are consistently the of guilt include dismissals, nolle prosequi motions, and
forms of diversion. These dispositions occur when the
opposite of those shown to
prosecutor decides not to insist on a trial or guilty plea,
makecases move faster. or the court determines that the charges should be
dismissed.
THE ROLE OF THE DISTRICT
19. This is not inconsistent with the previous findings about
ATTORNEY case age at disposition; these figures are culled from a
As shown in Appendix 4, best practice is to subset of that data.
make the judge, not the prosecutor, responsible
for moving cases forward. Nonetheless, the
prosecutor plays a pivotal role, and improve
ments may be made in prosecutorial practice.
Since the Hinds County District Attorneys office
did not provide information, it was impossible
for us to complete a direct assessment of that
office. Our initial overture was well received,
but the office of the district attorney did not
respond to subsequent requests by BOTECs
researchers and general counsel. Although we
could not make targeted suggestions for a more
effective use of resources, Appendix 5 contains
general observations about the Hinds County
DAs office collected from other sources, and
recommendations for best practices.
15
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
3 YEARS
2 YEARS
1 YEAR l l l l
2011 2012 2013 2014
JURY VERDICT: GUILTY
JURY VERDICT: NOT GUILTY
NO ADJUDICATION OF GUILT
For most cases, the age at performance than increased staffing, but it is
disposition has decreased not available in Hinds County. Before conclud
ing that more judges are needed, Hinds County
over time, but not when the
should assure itself that the existing judges are
defendant was acquitted.
transacting the business of the court in the
Thosecaseprocessing times most efficient manner. This is emphatically not
have increased. a suggestion that Hinds County judges are
failing to work assiduously. The opposite is
acquittal, and in other cases the acquittal may
true. The lack of support by professional court
be an indication that the case was difficult and
managers means that judges work harder while
required significant preparation.
being slowed down by archaic practices.21
This information is critical for use by a professional Good institutional management requires en
court manager, particularly if the DAs office suring that a system is working as efficiently
is willing to cooperate. Case delays may be as possible before assuming that increased
beyond the courts control (when a defendant staffing is needed.
is waiting for a mental status examination, for
example) but they are never good.
21. As noted above in footnote 16, each of the judges in
DOES HINDS COUNTY NEED the Hinds County Circuit Court has an employee known
MORE JUDGES? as a court administrator. When this report mentions the
The question about how many judges are lack of professional court managers, we do not intend
needed cannot be resolved on the basis of the to state or imply that the existing court administrators
are less than professional. To the contrary, they do their
data we were able to assemble.20 All available
jobs well, and were helpful to us in this research. The
evidence indicates that professional caseflow distinction is that a professional court manager usually
management is more effective to improve has an advanced degree and expertise in changing
the way a court operates, and is therefore usually
20. Research into the current formula for allocating judicial employed by the jurisdiction to design and implement
resources appears in Appendix 6. entirely new ways of running the courts.
16
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
CONCLUSION
BOTEC was asked how Hinds County might
better use existing resources and consider
what additional resources might expedite
case processing. While we believe that better
computer systems and more professional court
management will speed case resolutions, the
first step needs to be a change in the culture of
the court system.
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Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
With the help of court management The first step is to hire a professional court
experts, create an opt in program manager, to be employed by the state or the
for judges who want to improve court county. Services should be made available to
performance, and follow up with Hinds County judges, but regardless of whether
accountability. a judge chooses to participate, they should
be made aware that performance monitoring
Since judges cannot be compelled to change and reporting will occur. The second step is to
their practices, the intervention must make commence monitoring the NCSC benchmarks
it possible for them to improve and then give in an ongoing program, with results regularly
them an incentive to participate. Pearsons made available to the judges themselves. After
Law holds: That which is measured improves. a brief grace period, the third step would be to
That which is measured and reported improves release the numbers to the public.24
exponentially. We recommend a three-step
process. 24. We emphasize the need for brevity in the grace period.
Judging from the pace of the MEC project (commenced
in 2005, and as of the end of 2014 in use only by 15 out
That which is measured improves.
of 82 counties) and our observation that Judge Greens
That which is measured and implementation order was disregarded, we suggest that
reported improvesexponentially. caseflow management be deployed bluntly and quickly.
18
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
19
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
A courts clearance rate is the ratio of cannot control, the CourTools formula simply
outgoing cases to incoming cases, therefore excludes these periods of time, which allows
expressing whether the court is keeping up the court to focus on what it can improve. As
with its incoming caseload. A clearance rate of illustrated in Figure 7 below, a case that took
100% means that the court is closing as many 600 days from indictment to final judgment
cases as are being opened, and therefore not might have only been within the courts control
increasing a backlog.27 Time to disposition for 240 days. During the initial 60-day period
assesses the length of time it takes a court to the court could not act because process had
process cases, i.e., the number of days elapsing not been obtained over the defendant, 210
between indictment and disposition, adjusted days passed after the case was closed and the
to count only the days that the case could be defendant placed on probation, and another
pushed forward by the judge. The adjustment 90 days went by because the defendant was
is a valuable part of the calculation and has in warrant status. When care is taken to track
special relevance to the Hinds County Circuit these significant court events, the court can
Court, because judges and lawyers in Hinds focus on shortening the periods of time that can
County attribute delays to unreasonable waiting
be controlled by the judge. In the case below,
periods to obtain mental health examinations.
the obvious area for possible improvement is
Rather than have court performance analysis
the 180 days it took to get a tender of plea.
get bogged down in delays that the court
A court management expert could determine
27. As noted in the body of the report, limitations in
whether enough cases suffered from delays in
databases forced us to use an alternate calculation of warrant apprehension to merit working with law
the clearance rate. enforcement on that issue.
Figure 7
Indictment; Apprehension;
Process Issued Warrant Recalled
Resentenced;
Process Served Revocation Filed
Case Closed
TIME
60 days 180 days 210 days 30 days 90 days 30 days 600 DAYS
ELAPSED
ACTIVE
0 days 180 days 0 days 30 days 0 days 30 days 240 DAYS
DAYS
INACTIVE
60 days 0 days 210 days 0 days 90 days 0 days 360 DAYS
DAYS
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Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
A third calculation, age of active pending over 39,632 counts29 with indictment dates
cases, examines the average age of open cases, ranging from 1995 to 2015. We aggregated
again adjusted to remove periods of closure and the related counts into their indictments, which
inactivity. This is a useful measurement because reduced the list to 22,240 cases. Then we
it allows the court administrator to spot a trend eliminated all indictments issued prior to 2005.30
that could result in longer times to disposition Finally, we excluded cases that closed prior to
figure without waiting for the bad result after the four reporting years. After these exclusions,
cases resolve. the remaining cases needed to be sorted for
designation as incoming or outgoing within
These are the three measurements most relevant
each year.
to the question BOTEC was asked to examine:
what can be done to get cases moving faster To isolate the incoming cases within each time
in Hinds County? We also made some notes period, we first determined which cases were
about a fourth benchmark known as trial- open and active during each reporting year
date certainty, i.e. how many times was a by screening our universe of data to display
case scheduled for trial before it was resolved? only cases with capias execution dates31 that
Research has shown that cases resolve more occurred before or within the reporting year. This
quickly when the lawyers know that a scheduled list (the open and active cases) contained all the
trial date means that the case will be called for cases that could constitute new cases and/or
trial.28 Since this data was discoverable, we cases that closed during the defined year. To get
included it in our research, although with a very the number of cases that were new as opposed
small sample size. to pending, we eliminated the ones with capias
execution dates that predated the first of the year.
For each of these measurements, the NCSC The remaining were incoming cases.
provides instructions and spreadsheets. Entering
figures into the spreadsheets generates graphs 29. Many criminal cases involve more than one count.
and allows a court to compare its performance A defendant accused of stealing a car and leaving
the scene of an accident might be charged with
to local and national time standards. If desired, a
auto theft and felony hit and run. There would be a
court may publish its data on the NCSC website single indictment with two counts. In Hinds County,
for comparison with other jurisdictions, but the there would be one indictment number ending with a
goal is not to compete; it is to allow each court hyphen followed by a two-digit number signifying the
to track its own progress and recognize a trend count. The complete spreadsheet supplied by the IT
department listed each count separately, but we could
in the wrong direction before a backlog worsens.
aggregate them by the indictment number.
The measurements are intended to give a court 30. In addition to marginal relevance of these periods of
the tools it needs to make the court function in a time, we had concerns about integrity of the numbers
way that the court itself deems optimal. because we saw multiple indictments from the late
1990s with disposition dates in 2014. It appears that
HOW BOTEC MEASURED THE these cases were entered into the database in 2014 as
CLEARANCE RATE part of a records purge.
31. A capias is the document that summons a defendant
To obtain clearance rates for the four years
to court to answer the charges against him. A criminal
from 2011 to 2014, we started by using the prosecution cannot go forward without obtaining juris
IT departments complete list, which contained diction over the defendant. In Mississippi, this is done by
serving the defendant with a copy of the capias. The date
28. Steelman, Goerdt, and McMillan, Caseflow Manage that the capias was served on the defendant therefore
ment: The Heart of Court Management in the New establishes the official commencement of the time that
Millennium, (2000). the court has control over the progress of thecase.
21
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
To get the number of cases that were closed ance rate would have been slightly higher if
during the reporting year, we went back to the we had been able to make the more precise
open and active list and isolated cases with a calculation, but not by a significant margin.
disposition date within the reporting year. The
TIME-TO-DISPOSITION
total cases in this category were the outgoing MEASUREMENT
cases. For example, for a case with capias Because the stakeholders had expressed parti
execution date in 2012 and a disposition date cular interest in the time-to-disposition measure
in 2014, we would count it as new in 2012, ment, we thought it important to perform the
pending in 2013, and closed in 2014. refined calculation in at least a sample of cases,
even though the limitation in data reporting
Having determined which cases remained open
described above prevented us from measuring
or were closed within each of the reporting
all the cases in all the reporting years. Time to
years, we now had the number of cases to
disposition requires generating a list of all cases
be counted as having been closed during the
that went to final judgment in a reporting period
reporting period. Clearance rate = outgoing
and then counting the number of active-and-
cases incoming cases.
open days elapsing between indictment and
The NCSC recommends the use of a precise final judgment, thus excluding periods when the
calculation method to refine the clearance rate case was not within the control of the court.
by considering the fact that a single case may We decided to use the sampling alternative sug
be closed and opened more than once, as well gested by the NCSC and limited our analysis
as being made active and inactive at different to 2014. We took a random sample of cases
times. For example, a case begins as a new that went to final judgment in 2014 (from a
matter when the capias is served, and is closed list supplied by the IT department), and then
by entry of judgment, but in between those two manually reviewed the dockets to extract the
events it might have been made inactive and significant events that trigger periods when the
then reactivated. After the entry of judgment, case was closed or inactive.
the case might be reopened and then reclosed.
Sampling for statistical analysis requires identi
The preferred CourTools calculus counts all the
fying the population of all cases that would have
closing and inactivating events in the closed
been measured if possible, and then randomizing
category, and the new indictments, reopens, a manageable subset as a sample. We took
and reactivations in the new category. This the master list, organizing the counts from the
gives a more precise figure since a case may oldest to newest indictment numbers and then
close in one reporting period and reopen in selected every fifth case. If a case contained
another, but it can only be done if significant case more than five counts so that we selected two
events are properly tracked in a computer. The counts from the same indictment, we moved to
data available in the Hinds County databases the next indictment number to avoid duplication.
does not track the dates of significant events, Since the NCSC deems a sample size of 300
so we used an alternative method suggested by cases to be generally sufficient, we selected
the NCSC; we counted only the initial opening every fifth case and ended up with a sample
of the case (the new filing) and the first closing of 322 cases with dispositions in every month
event. We used the opening event and the final of2014.
closing event.
Our method adhered to the CourTools instruc
Based on extrapolation from our in-depth review tions, except as to uncertainty of the significant
of a sample of cases in the time-to-disposition events themselves. For each case on the sample
measurement below, we believe that the clear list, we manually printed the docket and then
22
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
used our best efforts to identify the stop and start and stop dates into a spreadsheet that
start events as defined in the CourTools formula. then counted all includable days.
For most cases, we used the capias date to
We made an additional time-to-disposition
commence the count and the last order or copy
calculation for each of the four years using
of commitment to conclude. For interim periods
gross numbers (the initial opening date and
of exclusion, however, it was immediately clear
the final closing date) even though the NCSC
that the dockets are inadequate to execute the
would say this is not a useful measurement.
function with certainty. Not all significant events
We did this for two reasons: the Hinds County
appear on the docket and those that do appear
stakeholders were specifically interested in
are not necessarily identified with a consistent or
raw case-processing times, and the local
transparent name. When a docket showed the
time standard does not exclude periods of
entry warrant, for example, without identifying
closure or inactivity. Our report therefore
whether the warrant was issued or recalled,
discusses gross time to disposition as
we could make inferences if the entries could
well as the net time for 2014, which is the
be paired, i.e., if there were four notations
useful number for use by professional court
of warrant, we could infer that the first and
managers.
third were issuance and the second and fourth
were recalls, particularly if no court action AGE OF ACTIVE PENDING
occurred during periods when the warrants CASELOAD
were purportedly outstanding. If a single entry The Age of Active Pending Cases measure
of warrant appeared, we could not exclude a ment requires selecting a particular date
period of days unless other listed events gave us (we chose December 31), generating a list
a reasonable basis to posit a date of recall. Many of cases that were open and active on that
of these cases contained probation violation date, and then counting the active-and-open
events that indicated a period of closure, but the days according to the CourTools formula.
events were so haphazardly identified that we Although we could not get the net numbers,
had to use judgment in identifying the periods we examined four years from 2011 through
of time that should be excluded.32 We entered 2014, taking the gross measurement of the
age of each case as of December 31 of the
32. See Exhibit H for a sample of docket sheets. On page 1 given year, and then averaging. Since we had
it appears that the court ordered a mental [status] exam already generated lists of open and active
on May 12, 2009, but then set the case for trial seven cases for the clearance rate measurement,
days later. On December 28, 2009 it appears that the
we used the same spreadsheet and simply
defendant was found incompetent to stand trial, but
then he was committed to the state hospital on April
excluded the closed cases. The cases
13, 2010 and committed for involuntary treatment on remaining were open and still-active cases
June 27, 2011. On September 25, 2012, there is a note within the reporting period. To generate the
that counsel agreed to an order of commitment for an age of each case from our lists, we counted
examination, followed by a an order scheduling trial the active-and-open days by starting with the
on January 11, 2013, followed by a notice of insanity
indictment date and ending on the last day of
defense on July 12, 2013, another order for evaluation
on July 17, 2013, and then an entry showing that the
each reporting year.
defendant pleaded guilty on February 3, 2014. During
the entire five-year period it is impossible to pinpoint the
dates when the court could have acted on the case.
23
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
24
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
25
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
Each docket entry should be numbered, and that the paper files have been destroyed, and
the numeral should be written on the first the dockets are incomplete.34
page of the document filed. A docket entry
The importance of this observation cannot be
for a judicial order should reflect the number
overstated. Dockets and criminal case files are
of the motion it resolves (i.e., if a motion to
the evidence of what happened in a criminal
suppress is document #12, the order denying
proceeding. Unless a docket is maintained
the motion may be docketed as Order: #12,
accurately, the rights of the parties (both the
denied) making the docket easy to read
people of the State of Mississippi and the
and understand. Additionally, the docket
defendant) are jeopardized.
should record notices of court events and the
appearances themselves. Exhibit G is a docket PAPER FILES IN THE CLERKS
from the United States District Court for the OFFICE
Southern District of Mississippi. Exhibit H is Cases filed after 2007 are maintained in the
a CCK docket from the Hinds County Circuit clerks office on paper.35 The clerks office does
Court Clerks office, and Exhibit I is a docket not restrict access to the files. Any member of the
from the MEC computer. public is free to enter the filing area and examine
them without any meaningful supervision by a
Dockets and criminal case court employee. We did not observe any security
files are the evidence of that could prevent the removal of papers from
what happened in a criminal the file, or the file itself. The office does not
proceeding. Unless a docket is require a visitor to sign in before entering the file
maintained accurately, the rights area, so there is no record of persons seeking
access to the files. The person using the file is
of the parties (both the people of
expected to re-file it correctly.
the State of Mississippi and the
defendant) are jeopardized. Locating a misfiled folder or papers filed in
the wrong folder would require examination of
The docket serves three primary purposes: it every file in the clerks office.
allows an efficient review of the case status
BOTEC researchers initially attempted to
by lawyers, judges, clerks and administrators
perform an in-depth analysis of six cases that
(it should be readily apparent, for example,
had been selected for substantive reasons,
that the court has not yet ruled on a
dispositive motion), it establishes the content 34. We checked about 20-30 of the cases shown on
of the record so that the court will know if a the master CCK list. Our researchers were told that
document goes missing, and finally, it serves the records from cases prior to 2007 were digitized
as the official chronology for appellate review, into a system called Paper Vision before they were
shredded, but when we tried to view them we found
since claims of error on appeal often depend
that there were no records for some of the cases, and
on adherence to deadlines. Our discovery (see for others, the Paper Vision files contained only a copy
following section) that papers are filed without of the indictment. The accompanying docket appears
a corresponding docket entry means that the to have been created just before destruction of the file,
clerk will have no official record of what was perhaps just to retain a record that the case existed. In
filed. If an important motion or order was filed any event, the court does not appear to have a record
of these criminal prosecutions.
but subsequently lost, there will be no record
35. The paper records of cases prior to 2007 have been
that it ever existed. Our researchers tried to destroyed, after imaging a portion of the documents in
review some of the 14,520 cases shown on a digital system. Complete dockets are not available for
the official docket as open, and discovered these cases.
26
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
27
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
basic, rudimentary systems that allow the user characterize the title of a motion or order. Entries
to enter date, event, and a text description into do not clearly identify many of the filings, they
data fields. Neither CCK nor CRMNL allows for adhere to no particular system of nomenclature,
much more than basic reporting by summing and even upon cursory review it is obvious that
and sorting various fields. they are not complete. The DynaComm system
uses text fields, not computer-defined options
From clerks office employees, we learned that
to identify papers, making it impossible to
the process for filing and docketing papers
extract or collate the dates that could be used
requires the same information to be documented
to measure court performance.
in different places. When a new indictment is filed
in the clerks office, a copy will eventually make its A comparison of CRMNL and CCK records show
way to the administrator for the judge to whom wide divergence in the information recorded.37
the case was assigned. The administrator opens The most significant discrepancy is in case status
a new record in the CRMNL module. Thereafter, (open or closed, active or inactive). When BOTEC
the systems proceed in parallel but not identical researchers asked the clerks office for a list of
fashion; the clerks office should enter all filings open cases in February, 2015, we were presented
and court events onto the docket, and the court with a CRMNL spreadsheet listing 1,238 cases,
administrator will update the CRMNL system and a CCK list showing 14,520 cases. The
with such information as is needed to assist clerks office employee was confident that these
the judge with case management. In practice, cases were not actually open and pending,
the clerks office does not enter all the filings but neither he nor the IT employee responsible
on the docket, and the administrators appear for managing the data could tell us why there
to be limited in the information they can enter; were two separate databases, let alone why so
based on our data extraction, CRMNL contains many cases appeared to be pending.38 After a
little more than a name, case number, capias laborious process, we concluded that CCK, the
execution date, disposition, and sometimes the
official docketing system for the clerks office,
date of an upcoming trial.
does not appear to meet minimum standards
When a judge issues an order, it is delivered for either legal sufficiency (i.e., assurance of due
to the circuit clerks office. The clerks office process) or data collection (fields and reporting
should enter the order onto the docket (either functions do not preserve and report the facts
CCK or MEC), place the original into the case needed to support caseflow management).
folder, and also bind a copy into the books
ROLLOUT OF MISSISSIPPI
containing copies of all judicial orders. We
ELECTRONIC COURTS
compared records in each system.
The Mississippi Electronic Courts (MEC)
CCK, the official docketing project was announced in 2005 as a measured
system for the clerks office, and comprehensive move to evaluate, test,
does not appear to meet and implement electronic filing and case
management in Mississippi courts.39 It was
minimum standards for
eitherlegal sufficiency 37. Exhibit K is a complete discrepancy report.
ordatacollection. 38. As set forth below, we later concluded that this large
number of ostensibly open cases results from the
The docket entries reviewed (CCK) did not
failure of clerks office employees to enter and code the
follow any particular form. It appears that closing event properly.
the employee entering information may 39. See Appendix 3 for detail about the reported progress
use individual preferences to abbreviate or of MEC.
28
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
piloted in the Madison County Chancery Court have the capacity to collect and report the data
in May 2008, and has been moving into other needed to generate CourTools numbers, but at
courts since then.40 On June 19, 2013, Hinds present, employees of the clerks office told us
County Senior Circuit Judge Green ordered that the data fields are not being used properly,
the Hinds County Circuit Court Clerk to use so the system will not be able to collect the
all deliberate speed to implement MEC. On important information. The MEC docket entries
September 23, 2013, the judge entered an are generally easier to read and contain better
order implementing MEC in the Hinds County information than the CCK dockets, but when
Circuit Court.41 The order consists of three parts: compared to paper files, we saw that not all
(1) lawyers may begin using MEC after October events are docketed.
1, 2013, (b) as of November 1, 2013, all new
DATA REPORTING TO THE
cases shall be docketed in MEC, and (3) cases
ADMINISTRATIVE OFFICE
previously opened in CCK shall be transferred
OFCOURTS
and managed in MEC whenever a new filing
MEC has its own data management employ
comes in. The Hinds County Circuit Court
ees. Since we could not interview MEC staff,
Clerk countersigned the order, but our research
we are unable to comment on the ability of
shows that the third paragraph of the order has
MEC to capture and report the data needed
not been followed.42 The CCK docket is still in
for CourTools monitoring. Hinds County has
use and we could not find a single example of
an Information Technology department charged
a case that was migrated from CCK to MEC.
with managing the DynaComm data and re
Moreover, it does not appear that the judges porting it to the Administrative Office of Courts.44
administrators have altered their practice of The employees do this by extracting information
using CRMNL to manage cases docketed in from the CRMNL system and importing it into
MEC. Two of the court administrators reported spreadsheets. The quality of data contained in
that they have not been trained to use the the spreadsheets is described in Appendix 1.
MEC system although they would welcome
After investigation and analysis, we uncovered
it. BOTEC researchers were able to have one
what we believe to be a significant flaw in data
conversation with an employee of MEC who
reporting from the Hinds County Circuit Court
stated that training had been offered in Hinds
to the AOC. The CRMNL module appears to
County, but the offer was not accepted. We
have only one field for a disposition date. If a
attempted to learn more about the MEC system
second disposition occurs on a case, such as a
and efforts to ensure that it is properly used in
reopened disposition, the administrator erases
Hinds County Circuit Court, but were unable
the original disposition date and replaces it
to interview the designated employee.43 Based
with the new one. There is a similar process for
on conversations with clerks office employees,
inactive matters. This is adequate for the judges
it appears that if used properly, MEC might
administrator to perform her function in assisting
the judge, but it causes enormous problems
40. Exhibit L: Description from the MEC page on the AOC
website. when it is used to supply statistics on case
41. Exhibit D: Order Approving Attorney E-Filing, Green, J., volumes and status.45 When a criminal case
September 24, 2013.
42. Exhibit M is a series of docket sheets that show entries 44. Miss. Code Ann. 9-1-46.
made into CCK after the effective date of Judge 45. This is by no means a negative comment on the judges
Greens order. administrators who use the tools provided to perform
43. Exhibit C: E-mail exchange between the MEC designee their job functions, which do not include producing
and BOTEC, June 12, 2015. data to the AOC.
29
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
goes through a period of inactivity, or when it is despite great effort by the IT department to help
closed (but later reopened) its status will change us with this project, the employee was unable
in the CRMNL system, with no way to prevent to answer our questions. In order to assist with
a closing from being counted repeatedly. If a our research, the IT employee finally supplied
single case is transferred to the inactive docket us with a master spreadsheet containing all the
in the first half of a year, reactivated and then information that had been extracted from the
closed in the second half, but reopened and Hinds County Circuit Court databases so that
then reclosed in the first half of the following we could make our own assessments.
year, it will show as a closed case in each
The unreliable data collection system may
semiannual report, and cause the AOC to report
explain why the Mississippi Supreme Court
that the Circuit Court closed two cases in the
and the various study committees and special
first year and another one in the second year,
commissions have mentioned the need for a
when it was really only one case going through
better system to determine case closure rates.
typical status changes. To make matters worse,
It may also explain why the table of disposed
if the same information were sought a year
cases in the annual report from the Mississippi
later the data would show that the case closed
Supreme Court shows a number substantially
once, on the last closure date. If we are correct
different from what we obtained from the
in our assessment of how Hinds County data
master list.46 Appendix 3 contains a description
is extracted and reported, it gives a completely
of the annual report and discrepancies with our
inaccurate picture of how many cases are open
observations.
or closed at any point in time. We are confident
in reporting that the primitive database makes 46. Exhibit N: Table of disposition statistics in circuits
it impossible for Hinds County to discern case courts from the Mississippi Supreme Courts Annual
volumes and other critical information because report, 2013.
30
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
31
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
representation quoted above is the result of 1,122 closed cases. In 2012, the annual report
inartful drafting, perhaps intended to report that lists 2,264 cases, whereas the data given to us
some of the trial courts adopting MEC have shows 1,430. In 2011, the annual report lists
migrated previous data, it is incorrect. Even the 1,927 cases, contrasted with 1,572 cases in
Hinds County IT department uses CRMNL to our spreadsheet.
report statistics to the Administrative Office of
After considerable analysis, we believe these
Courts.
differences are the result of a failure to properly
Information also differed about MEC training account for primitive data collection. The
for Hinds County courthouse employees. database known as CRMNL, from which the
According to the 2013 report, The most visible IT department extracts and reports the case
work of MEC is implementing e-filing systems data, has only one field for a disposition date.
in trial and appellate courts and training court The process used to generate a list of cases
staff and attorneys. Early in our research, the that were closed in 2014, therefore, is to run a
judges administrators made clear they did not predefined report that searches the database
receive MEC training, even though they would for cases showing a 2014 date in that field. If a
welcome it. Clerks office employees told us that second disposition occurs on a case, such as
MEC staffers have only trained a few individuals, a reopened disposition, the administrator will
and those people were only taught to do a few erase the original disposition date, and replace
simple tasks; they do not know how to use it with the new one.51 For the administrators
the full capacity. There may be a reasonable function, it does not matter whether a case
explanation for the gulf in perceptions between has been previously closed; she only needs
MEC and Hinds County, and it would be far to manage the open cases. However, big
more productive to make a commitment to problems arise when CRMNL is used to extract
improving the situation rather than argue about and report statistics.
what has happened before now. However, as
We believe that the large numbers shown in
set forth below, we uncovered discrepancies
the annual report stem from multiple counts
that merit immediate consideration of how the
of the same case, caused by changing status.
AOC obtains basic quantitative data.
For example, assume that an indictment is
CIRCUIT COURT STATISTICS filed (call it Case A) in 2010, and the defendant
Each annual report contains a table showing pleads guilty and is put on probation in 2010.
the numbers of criminal cases disposed by If the IT department runs a disposition report in
each of the circuit courts in the previous year. January of 2011 to find out how many cases
When we compared these numbers to the data closed in 2010, the report will count Case A.
given to us by the Hinds County IT department, But now assume that in 2011, the defendant
the figures were substantially different: the violates the terms of his probation. During that
annual reports consistently show 500 to 800 year, Case A will be reopened with a revocation
more closed cases than the figures given to hearing and reclosed with a new sentence. In
us by the IT department, even though data January 2012, a judge wants to compare the
used in the annual report comes from the IT disposition figures from the past two years, so
department. For example, the 2013 annual she asks the IT department to run a disposition
report states that the Hinds County Circuit report for the years 2011 and 2010. When IT
Court disposed of 1,593 criminal cases. When runs both of these reports in 2012, Case A will
we took the largest possible number from the
Hinds County IT department reports, we found 51. There is a similar phenomenon for inactive matters.
32
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
33
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
34
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
time records for billing. The results for felony In 2014, a total of 1,423 criminal cases were
prosecutions were startling: on average the resolved in the Hinds County Circuit Court.57
judges devoted a total of 45 minutes to the Only 27 (fewer than 2%) required a trial. Nearly
most common felonies; even the most serious half the cases closed with a plea of guilty, and
crimes only required about 3 hours of the 36% ended without an adjudication of guilt.58
judges time between indictment and final
Although some guilty pleas are tendered on
judgment. Considering that the 45-minute to
the eve of trial, research shows that imminence
3-hour averages included cases with lengthy
trials, it is clear that most cases will be resolved of trial is not the driving factor in most cases.
with little in-court time. This study confirms Defendants decide to plead guilty, in most
what trial lawyers and judges know intuitively: cases, when the prosecutors evidence is
cases move slowly due to organization and disclosed and the defense lawyer has analyzed
scheduling problems, not because they require the chance of success at trial.59 When the
enormous amounts of judicial time. judge requires the parties to reach this stage
as early as possible, cases resolve quickly.
In Flagstaff, Arizona, a solution to case- Figure6 shows the significant number of cases
processing delays was reached by consensus:
that took over a year to resolve, and ended
judges would assume early and continuing
without a trial or a plea of guilty. These cases
responsibility for case progress, issuing im
were dismissed, ended in a nolle prosequi, or
mediate arrest warrants for defendants who
a pre-trial diversion program, which suggests
failed to appear for arraignment; ordering an
they might have been good candidates for
early discovery exchange between prosecution
early resolution.
and defense and verifying compliance with that
order; and limiting continuances.56 Prosecutors 57. After we completed our data gathering, the Mississippi
agreed to provide all existing discovery and Supreme Court released its annual report for 2014,
tender a proposed plea agreement at arraign which includes a chart showing that the Hinds County
ment. Defense attorneys agreed to review Circuit Court disposed of 1631 criminal cases in 2014.
For an explanation of the discrepancy, see Appendix 2.
materials tendered by the prosecutor, conduct
58. In addition to the cases concluded with a pre-trial
their own investigations, and either accept or
diversion program, a total of 209 cases were resolved
reject the proffered plea agreements within by allowance of the prosecutors motion for nolle
roughly 21 days. The clerks office streamlined prosequi, and another 29 were dismissed (total 16%).
its procedures. After two years, the court was In some cases, the indictments should never have
resolving 74% of criminal cases within 90 days. been brought; in others, evidence became unavailable.
59. According to our interviews with staff from the Hinds
To show how caseflow management might County Sheriffs Department, some defendants in pre-
be applied in the Hinds County Circuit Court, trial detention would prefer to be incarcerated in the
local jail (as opposed to a state correctional facility). If
we can look at the subset of prosecutions that
they know the parameters of a term of incarceration
ended without an adjudication of guilt and yet
that will be acceptable to the prosecutor, these
took more than a year to resolve. These are the defendants have an incentive to serve that period of
cases that could be expected to close quickly. time in the jail, and then offer a guilty plea with credit for
time servedeffectively turning a jail into a correctional
56. Holistic Remedy Treats Case Processing Overload, facility. An early and credible trial date would put a stop
cited in Steelman, Caseflow Management, supra. to this unintended consequence.
35
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
The table above illustrates the extent to which have become standard since 1970. Just as
the Hinds County Circuit Court follows practices todays bad results represent the predictable
that are counterproductive to efficiency. result of using obsolete practices, replacing
existing processes with proven models from
The fact that the Hinds County Circuit Courts around the country will yield predictable
are not following best practices could be and fairly rapid improvements. The picture
taken, ironically, as good news. Unsatisfactory that emerges from all available data is that
resultsin the form of long processing times hardworking people are spinning their wheels
are not hard to understand, nor will it require due to a lack of guidance in an area that is far
any special insight or inspiration to improve removed from their expertise. No amount of
them. The court has yet to take advantage of hard work will be as effective as competent
the major advances in court management that management.
36
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
37
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
38
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
unless it is waived, to the grand jury, eventually Anecdotal information also suggests that
landing in the Circuit court.62 there is no uniform system to ensure that a
defendants criminal history is available for
BEFORE CHARGES ARE
review by the Municipal Court judge. This
FILED AND AT FIRST COURT
is significant because bail amounts may be
APPEARANCE
set too high or too low depending upon the
Defendants arrested in Hinds County are
severity of a defendants past conduct, and
typically brought before a Municipal Court,
the likelihood that present circumstances may
which has the power to bind over the accused
affect his or her willingness to abscond.
to the grand jury (or other court having proper
jurisdiction), appoint defense counsel, and set In light of the above, BOTEC suggests
or deny bail. Significantly, the Municipal Courts consideration of the following:
are not authorized to take pleas or otherwise Assign a prosecutor to review all cases (or
resolve cases at that stage of the proceeding. at least when a defendant is being held in
As noted above, the District Attorneys Office custody) before referral to Municipal Court.
did not provide any of the information that At minimum, the review should focus on
BOTEC requested. Indirect sources have, the sufficiency of admissible evidence to
however, suggested that prosecutors are not prove the charges, the defendants prior
routinely present in Municipal Court, although criminal conduct, the States position
the office has stated publicly that an assistant on bail, mitigating and aggravating
is staffed to cover that court. The Hinds factors, and guidance for possible plea
County Public Defender urges prosecutors to negotiations. This review should also help
attend Municipal Court proceedings in order to assure that the court receives adequate
facilitate meaningful communications regarding documentation, including criminal histories
and police reports, before the defendants
bail, charges, disposition, and discovery.
first appearance. Finally, the prosecutor
These Municipal Court hearings apparently
assigned to perform these duties should
proceed on the basis of affidavits presented
be authorized to request additional
by police officers.63 It does not appear that
information and/or evidence from the
any prosecutor routinely screens or otherwise
referring law enforcement agencies. Those
reviews these cases prior to the Municipal
agencies, in turn, should be asked to
Court appearance, although in the past the
commit themselves to making appropriate
police department has had a lawyer to assist
and timely responses to those requests.
police officers.
Grant Municipal Court Judges the authority
62. BOTEC understands that there are three levels of to take guilty or no contest pleas. Some
trial courts involved in criminal prosecutions in Hinds
proportion of the total criminal caseload
County, Mississippi. Municipal Courts hear cases
involving municipal ordinances, misdemeanors, and
involves straightforward facts and
the initial appearances in all criminal cases. County defendants who simply want to plead
Courts hear juvenile matters, trials de novo arising guilty. The current situation precludes that
from misdemeanors in the Municipal Court, civil trials outcome even when there is literally no
involving claims of up to $100,000, felony probable contest. Of course, no court should take
cause hearings, and (at least in theory) felony cases
a plea without the prosecutors input, and
referred from a Circuit Court. The Circuit Court is the
states top-level trial court, having unlimited jurisdiction
no defendant should make such a plea
in all felony matters. without the assistance of counsel. This
63. Exhibit R. recommendation will not work unless
39
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
prosecutors are required to participate on a defined sanction while retaining the right
in the proceedings. However, it would to withdraw it and proceed to trial if the judge
serve to reduce workload and associated rejects the bargain struck with the prosecutor.
resources in nearly every subsequent The open plea limitation serves no purpose
stage of the criminal justice system. other than to discourage guilty pleas.
Assign a prosecutor to attend all criminal Enact a court rule66 requiring judges to
proceedings in Municipal Court. Even with either accept or reject negotiated plea
out contemporaneous authority to resolve bargains in their entirety. In cases where
cases, a representative of the State should an initially accepted plea bargain becomes
be present to address the courts concerns, unacceptable because of additional findings
as well as to appropriately discuss case (as the result of pre-sentencing reports, for
merits and possible future dispositions with example) the plea should be vacated and
defense counsel. criminal proceedings resumed.
40
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
In the Hinds County Circuit Court, it does not Consider the creation of bench officers
appear that judges have any ability to delegate authorized to resolve cases.
ministerial tasks to a clerk or to use a bench
GRAND JURY
officer for appropriate functions. In many
We understand that absent a waiver by the
jurisdictions, a session clerk will handle final
defendant, felony prosecutions proceed by
pre-trial conferences or calendaring sessions,
grand jury indictment, and a waiver happens
thereby freeing up the judge to handle more
most commonly if the defendant wishes to
important matters. Bench officers may be plead guilty. Defendants can request a probable
created with authority to accept plea bargains, cause hearing, but prosecutors can apparently
for example. take such cases to the grand jury regardless of
BOTEC accordingly suggests the following: the outcome.
40%
30% 26.20
23.67
20%
10%
1.83 2.16 2.75
0.11
0
EXPUNGED OPEN JURY TRIAL, PRE-TRIAL REMAND NO PLEA OF
PLEA INCLUDING DIVERSION TO FILES ADJUDICATION GUILTY
MISTRIALS PROGRAM OF GUILT
41
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
Effective case screening at the grand jury Consider a legislative change that would
stage could present a significant opportunity allow the prosecutor to elect either grand
to reduce subsequent system-wide workload. jury or probable cause hearing. If a probable
Pushing cases through a summary proceeding cause hearing is selected, its outcome
without screening does not serve to identify should receive the same weight and effect
evidentiary and proof problems, questionable as a grand jury indictment. This would save
or unavailable witnesses, or any range of other resources by eliminating the redundancy of
problems that may not otherwise become these procedures. BOTEC understands
known until a prosecutor begins preparing the that this recommendation would require an
case for trial. In addition to causing unnecessary act of the state legislature.
efforts by the court and counsel, these cases Implement a rigorous case screening
impair other cases in the prosecutors office protocol before proceeding to grand jury
by clogging the system. Criminal cases do not presentation. Use non-hearsay evidence,
improve with age, so every effort to eliminate including the testimony of victims and
barriers to a swift trial is in everyones interest.67 non-police percipient witnesses, to assist
the prosecutor in determining the overall
In light of the above, BOTEC suggests the
merits and triability of the cases. BOTEC
following:
understand that this recommendation may
67. The designation remand to files may be used in a
require additional prosecution staff and
variety of situations to close a case without adjudication dramatically revised grand jury protocols,
as to guilt. but the benefits are manifest.
42
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
APPENDIX 6: ALLOCATION OF
JUDICIAL RESOURCES
THE STATE FORMULA The criteria used in Mississippi to allocate
Concern for a backlog of slow-moving felony judges to circuit courts is set by statute, but
prosecutions in Hinds County Circuit Court led subparagraph (f) effectively allows free rein in
the stakeholders to ask BOTEC to evaluate the the decision making process.69
current state formula for allocations of court
The legislation that created the Administrative
resources, consider whether Hinds County
Office of Courts in 1993 also created the
needs more Circuit Court Judges, and the
Mississippi Judicial Advisory Study Commit
potential for County Court Judges to be a
tee,70 which consists of 21 voting and two
resource for moving criminal cases.68
non-voting members representing a variety of
To answer the question, we looked into the interested parties both within and outside of
statutory framework, a recent allocation deci
sion by the Legislature, and efforts in 2002 and 69. The number of judges in each circuit court district
2011 to fine-tune the allocation decision with a shall be determined by the Legislature based upon the
weighted case assessment. We then reviewed following criteria:
a comparable assessment in the state of (a) The population of the district;
Tennessee, and summarize it here to guide (b) The number of cases filed in the district;
(c) The case load of each judge in the district;
future work in this area.
(d) The geographic area of the district;
(e) An analysis of the needs of the district by the court
68. We need not dwell on the matter of county court personnel of the district; and
judges as a means of unburdening the circuit court. (f) Any other appropriate criteria.
By statute, a county court judge may hear felony cases
The Judicial College of the University of Mississippi Law
at the request of a circuit court judge: In any county
Center and the Administrative Office of Courts shall
in cases where an overcrowded docket justifies the
determine the appropriate:
same, any circuit judge may assign to a county judge in
(a) Specific data to be collected as a basis for applying
said county only, for hearing and final disposition, any
the above criteria;
case, cause, hearing or motion, or any proceedings
(b) Method of collecting and maintaining the specified
involved in the trial and final disposition thereof. Miss.
data; and
Code Ann. 9-9-35. County court judges are therefore
(c) Method of assimilating the specified data.
an available resource to assist the circuit court, but
feasibility and efficacy were beyond our ability to Miss. Code Ann. 9-7-3
forecast; they depend entirely on the willingness of 70. Supreme Court of Mississippi 2013 Annual Report,
judges to cooperate. Administrative Office of Courts, p. 33.
43
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
the Mississippi judicial system.71 The role of the disposition times on three occasions, but only
study committee is defined: a minority of the judges responded to the
request.
The purpose of the study committee
shall be to make recommendations to More recently, the Study Committee contracted
the Administrative Office of the Courts in with the Stennis Institute for an updated report
the administration of the courts, including and plan in 2011, but it did not come to
obtaining statistical information with fruition.76 Unlike the previous study, in 2011, the
reference to cases in the various courts in Stennis Institute examined population data, not
Mississippi; conducting research relating caseloads or staffing.77 In the end, the Study
to improvement of the judicial system Committee could not reach agreement on key
in the State of Mississippi; and making criteria for allocating additional judgeships in
a comprehensive study of the judicial the districts and did not release a complete
system of the state for the purpose of report.78 Nevertheless, based on requests
the improvement thereof. In addition, the from judges and an apparent consideration
study committee may make such policy of case filings and population statistics, the
recommendations as will promote the Study Committee recommended the creation
administration of justice and the operation of an additional judgeship for the 12th, 20th,
of the courts.72 and 22nd Circuit Courts.79 After the legislative
process, House Bill 703 (2015) allocated an
The Mississippi Legislature is required to
additional judge in the 12th, 13th, 15th, and
redistrict the circuit and chancery courts
20th Circuit Districts.80 It is not clear why the
within five years of each federal census.73
Legislature deviated from the recommendations
After the 2000 census, the Study Committee
of the Study Committee.
commissioned the John C. Stennis Institute of
Government at Mississippi State University to Given the difficulty we experienced in extracting
conduct a study of caseloads in the trial courts data to measure caseflow in Hinds County, we
across the state. Released in 2002, that study question the quality of information available to
(Mississippis Circuit and Chancery Courts: the committees, commissions and consultants
Redistricting Options After 2000) attempted a who make recommendations to the legislature.
weighted caseload assessment.74 The study It does little good to identify caseloads and
design was not published, but a form of the case-processing times as criteria for decision
Delphi technique said to have been used.75 making if those elements cannot be measured
The AOC asked all trial judges to supply case accurately.
71. Miss. Code Ann. 9-21-21 76. Winkle, The Mississippi Judicial Advisory Study
72. Miss. Code Ann. 9-21-23 Committee Annual Report for 2011 (submitted to
73. Mississippi Constitution Article VI, Section 152 theLegislature of the State of Mississippi, 2012) p. 11.
74. The weighted caseload method calculates judicial 77. Winkle, The Mississippi Judicial Advisory Study
need based on total judicial workload, which is Committee Annual Report for 2012, (submitted to
evaluated using more than raw number of case filings. theLegislature of the State of Mississippi, 2013) p. 9.
In a weighted caseload calculation, cases are first 78. Kevin Lackey, (June 25, 2015). Telephone interview.
given a weight, corresponding to the average amount 79. Winkle, The Mississippi Judicial Advisory Study
of judicial time that will be required. Kleiman, et al., Committee Annual Report for 2013, (submitted to
Workload Assessment: A Data-Driven Management theLegislature of the State of Mississippi, 2014) p. 10.
Tool for the Judicial Branch (2013). 80. Elliot, 6 New Judge Posts on Nov 3. Ballot, The
75. The Delphi process weights case types by estimating Clarion-Ledger, (May 17, 2015).
the time spent from initiation to completion of a case.
44
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
45
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
After data reporting and collection systems Enact a court rule requiring judges to either
are put in place, the statute should require accept or reject negotiated plea bargains in
a proper weighted caseload study in ac their entirety.
cordance with national standards. Instead
Establish early exchange of discovery
of launching a new study with every
material.
federal census, the factors required for a
weighted caseload data should be tracked Implement a mandatory settlement calendar
continuously and updated to facilitate an for all criminal cases.
46
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
47
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
48
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
49
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
STUDY COMMISSION
ON
THE MISSISSIPPI JUDICIAL SYSTEM
December 2001
50
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
Chairman Vice-Chairman
Carroll H. Ingram Leslie D. King,
Ingram and Associates, PLLC Presiding Judge,
Hattiesburg, Mississippi Mississippi Court of Appeals
Jackson, Mississippi
Members
51
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
Senior Consultants
Eric Clark
Mississippi Secretary of State
Jackson, Mississippi
Harold D. Miller
Butler, Snow, O'Mara, Stevens &
Cannada
Jackson, Mississippi
52
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
TABLE OF CONTENTS
EXECUTIVE SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . vi
I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
A. Commission Conclusions
53
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
A. Commission Conclusions
B. Commission Recommendations
iii
54
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
motion for additur or remittitur; and (9) motion for judgment notwithstanding the
verdict. Preparing for hearings on these motions and giving proper attention and
consideration to the briefs and arguments of counsel are made extremely difficult
without the assistance of a full-time law clerk. Full-time law clerks are essential.
The Commission concludes that special attention must be paid to the criminal
justice system and its supporting agencies. These supporting agencies often play a
key role in prosecuting criminal cases, and if there is a delay within the agency, that
delay often transfers over to the court system. For example, the Mississippi Crime
Lab facilities are woefully understaffed and evidence is not analyzed in a timely or
The Commission concludes that the State must fund an adequate indigent
part-time justice as can be seen by the delays caused by conflicts in public defenders'
schedules.
B. Commission Recommendations
27
55
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
basis because they are not aware of what cases are even before them until such time
as they are asked to rule upon a motion. Getting the case before the judge early in the
process, as is done in the federal system, and having the case assigned to a particular
track--depending upon the issues and complexity of the case should lead to quicker
Courts implement a uniform tracking system among the circuit and chancery clerks
in order to ascertain the number of cases currently pending before each judge. Once
a uniform system is established to count the number of cases pending before each
judge, a system should be implemented which would weigh the caseload of the
various judges. For example, it is beyond dispute that a capital murder case should
not be weighed equally with a burglary case. Similarly, a simple trespass case would
Courts should seek the input and advice of the trial judges' conferences, bar
associations and clerks' associations in creating these systems. The data must be
accurate and comprehensive before any uniform time standards are implemented.
28
56
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
The Commission recommends that before making any statewide changes, the
Administrative Office of Courts should establish pilot programs in various areas that
account for geographic diversity and not simply focus exclusively on the areas with
the most case filings. One size may not fit all. Any weaknesses in the system should
Hinds County courts. As previously stated, Hinds County courts receive more case
filings because of its unique position of being the seat of state government, as well
as having exclusive jurisdiction over state agency cases and appeals. The
Trial courts also sit as appellate courts on occasion which requires the reading
and digesting of transcripts and appellate briefs. Trial judges must accomplish
these tasks while at the same time managing their trial docket. Presently, our Supreme
Court Justices and Court of Appeals Judges each have two law clerks and staff
attorneys to assist them in handling their case loads. Similarly, in the federal system
29
57
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
58
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
59
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
Ill$give$it$a$try!
I$understand$that$the$MEC$offered$to$train$the$judges$administrators$in$the$Hinds$County$Circuit$Court$so$
they$could$use$the$MEC$system$to$manage$their$criminal$cases.$The$administrators$tell$me$they$have$not$
had$any$training$and$would$like$to$learn$how$to$use$the$system.$According$to$the$administrators,$even$
though$new$criminal$cases$are$entered$in$MEC,$they$have$to$manually$enter$them$in$the$DynaCComm$
system$in$order$to$run$reports,$manage$their$dockets,$and$generate$required$documents.$It$sounded$to$me$
like$there$was$a$breakdown$somewhere.$When$MEC$reaches$out$to$a$Circuit$Court$to$offer$training,$to$
whom$is$that$offer$made?$SpeciJically$in$Hinds$County,$what$happened?$
Is$the$MEC$system$conJigured$to$allow$generation$of$the$data$speciJied$by$the$National$Center$for$State$
Courts$as$being$the$proper$standard$to$measure$caseJlow$management?$If$you$are$not$familiar$with$the$
NCSC$measurements,$I$can$tell$you$about$the$system$in$a$phone$call.$
What$can$you$tell$me$about$the$capacity$of$MEC$to$facilitate$the$administrative$functions$needed$to$
manage$dockets?$Have$other$jurisdictions$been$able$to$use$it$exclusively$and$get$rid$of$their$legacy$
systems?
Do$you$know$anything$about$the$old$DynaCComm$system?
Ive$heard$that$there$is$another$computer$system$being$used$to$digitize$old$cases.$Apparently$cases$that$
closed$prior$to$2009$are$being$scanned$and$can$be$viewed$from$a$computer.$Can$you$tell$me$anything$
about$that?
Im$concerned$that$you$may$have$heard$misinformation$about$BOTEC$or$what$we$are$doing.$Please$rest$
assured$that$we$have$no$intention$of$doing$some$kind$of$a$hatchet$job.$Our$goal$was$to$get$a$snapshot$of$
how$the$cases$are$managed$in$the$7th$Circuit$and$make$recommendations$as$to$what$might$be$done$to$
move$them$faster.$$We$cant$make$recommendations$that$the$state$deploy$additional$resources$or$that$
staff$in$the$7th$Circuit$alter$existing$practices$unless$we$can$develop$an$understanding$of$how$the$system$
works$now,$and$with$respect$to$the$MEC$computer$system,$how$it$could$help$the$court$if$it$were$properly$
used.$Thats$all$really.
On$Jun$12,$2015,$at$8:31$AM,$Clint$Pentecost$<Clint.Pentecost@mec.ms.gov>$wrote:
Ms.$Heussler,
I$have$not$been$involved$with$the$discussions$related$to$the$crime$study$except$for$an$initial$meeting$last$
year.$I$doubt$I$would$have$anything$to$add$beyond$the$discussions$you've$had$recently$with$Lisa$Counts$
and$Kevin$Lackey$about$how$MEC$gathers$information$and$what$would$be$involved$with$transmitting$
that$data.$$If$there$are$questions$you$still$have,$it$may$be$best$to$eCmail$those$so$we$can$determine$who$
can$best$answer$them$before$scheduling$a$call.
Clint$Pentecost
Counsel,$Mississippi$Supreme$Court
601C576C4604
clint.pentecost@mec.ms.gov
60
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
On$Jun$10,$2015,$at$10:55$AM,$"Lowry$Heussler"$<lowry.heussler@botecanalysis.com>$wrote:
Dear$Mr.$Pentecost:
I$believe$you$had$some$communication$with$Peter$Gehred$from$BOTEC$about$the$crime$study.$Im$
following$up$on$a$few$aspects$of$the$MEC$system.$Do$you$have$time$for$a$phone$call$this$week?$Perhaps$
you$could$give$me$some$convenient$dates$and$times?
Thanks$so$much.
CC$
Lowry Heussler
$ General Counsel, BOTEC Analysis
$
$
844-GO-BOTEC ext. 708
lowry.heussler@botecanalysis.com
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YOU ARE NOT THE INTENDED RECIPIENT, ANY UNAUTHORIZED REVIEW, USE, DISCLOSURE, DISTRIBUTION, OR ACTION IN
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Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
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Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
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Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
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Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
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65
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
66
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
Access a nd Fa irness
M ea sure
1 Age of Active Pending Ca seloa d
M ea sure
4
definition: Ratings of court users on the court's accessibility definition: The age of the active cases pending before the
and its treatment of customers in terms of fairness, court, measured as the number of days from
equality, and respect. filing until the time of measurement.
purpose: Many assume that "winning" or "losing" is what purpose: Having a complete and accurate inventor y of
matters most to citizens when dealing with the active pending cases and tracking their progress
courts. However, research consistently shows that is important because this pool of cases potentially
positive perceptions of court experience are shaped requires court action. Examining the age of
more by court users' perceptions of how they are pending cases makes clear, for example, the cases
treated in court, and whether the court's process of drawing near or about to surpass the courts case
making decisions seems fair. This measure provides processing time standards. This information helps
a tool for sur veying all court users about their focus attention on what is required to resolve cases
5
experience in the courthouse. Comparison of within reasonable timeframes.
results by location, division, type of customer,
and across courts can inform M ea sure
2
court management practices.
Tria l Da te Certa inty
M ea sure
definition: The number of times cases disposed by trial are
Clea ra nce Ra tes scheduled for trial.
definition: The number of outgoing cases as a percentage purpose: A court's ability to hold trials on the first date they
of the number of incoming cases. are scheduled to be heard (trial date certainty) is
closely associated with timely case disposition. This
purpose: Clearance rate measures whether the court is measure provides a tool to evaluate the effectiveness
keeping up with its incoming caseload. If cases are of calendaring and continuance practices. For this
not disposed in a timely manner, a backlog of cases measure, trials includes jur y trials, bench trials (also
awaiting disposition will grow. This measure is a known as non-jur y or court trials), and adjudicator y
6
single number that can be compared within the hearings in juvenile cases.
court for any and all case types, on a monthly or
yearly basis, or between one court and another. M ea sure
Knowledge of clearance rates by case type can
help a court pinpoint emerging problems and Reliability and Integrity of Case Files
indicate where improvements
3
can be made. definition: The percentage of files that can be retrieved
within established time standards and that meet
M ea sure
established standards for completeness and
Time to Disposition accuracy of contents.
67
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
purpose: Integrity and public trust in the dispute resolution purpose: Committed and loyal employees have a direct
process depend in part on how well court orders impact on a court's performance. This measure is
are obser ved and enforced in cases of a power ful tool for sur veying employee opinion
noncompliance. In particular, restitution for on whether staff have the materials, motivation,
crime victims and accountability for enforcement direction, sense of mission, and commitment to do
of monetar y penalties imposed on criminals are quality work. Knowing how employees perceive the
issues of intense public interest and concern. workplace is essential to facilitate organizational
The focus of this measure is on the extent to which development and change, assess teamwork and
a court takes responsibility for the enforcement of management style, enhance job satisfaction,
orders requiring payment of and thus improve ser vice
8 10
monetar y penalties. to the public.
M ea sure M ea sure
definition: Juror Yield is the number of citizens selected for definition: The average cost of processing a single case,
jur y duty who are qualified and report to ser ve, by case type.
expressed as a percentage of the total number of
prospective jurors available. Juror Utilization is purpose: Monitoring cost per case, from year to year,
the rate at which prospective jurors are used at provides a practical means to evaluate existing
least once in trial or voir dire. case processing practices and to improve court
operations. Cost per case forges a direct connection
purpose: The percentage of citizens available to ser ve relates between how much is spent and what is
to the integrity of source lists, the effectiveness accomplished. This measure can be used to
of jur y management practices, the willingness assess return on investment in new technologies,
of citizens to ser ve, the efficacy of excuse and reengineering of business practices, staff training,
postponement policies, and the number of or the adoption of best practices. It also helps
exemptions allowed. The objective of this measure determine where court operations may be slack,
is to minimize the number of unused prospective including inefficient procedures or
jurors the number of citizens who are summoned, underutilized staff.
qualified, report for jur y ser vice, and who are
not needed.
68
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
CLOSED,RHW
Defendant (1)
Calvin Allen represented by Calvin D. Taylor
TERMINATED: 08/10/2015 TAYLOR LAW FIRM - Pascagoula
P. O. Box 0006
Pascagoula, MS 39568
228/696-0111
Fax: 228/696-0118
Email: ctaylor39567@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained
1 of 5 8/18/15, 11:13 AM
69
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
None
Complaints Disposition
None
Interested Party
Probation Gulfport
Interested Party
Probation Ofcer Matthew Becker
Plaintiff
USA represented by John A. Meynardie - Government
U. S. ATTORNEY'S OFFICE -
Gulfport
1575 20th Avenue
Gulfport, MS 39501
228/563-1560
Fax: 228/563-1571
Email: john.meynardie@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Assistant US Attorney
2 of 5 8/18/15, 11:13 AM
70
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
(Entered: 04/28/2015)
04/29/2015 Minute Entry for proceedings held before Magistrate Judge John C.
Gargiulo:Initial Appearance re: Bill of Information and Waiver of Indictment as
to Calvin Allen held on 4/29/2015. Defendant appeared with his retained
counsel Calvin D. Taylor The defendant was sworn, advised of the charges, the
maximum penalties and his rights. Defendant executed a Waiver of Court
Appointed Counsel. Defendant waived the reading of the Bill of Information
and entered a plea of Not Guilty. The defendant wishes to waive prosecution by
indictment and consent to prosecution by Bill of Information. Defendant was
advised in open Court of his rights and the nature of the proposed charges
against him. The Court nds this Waiver is knowingly and voluntarily made and
is hereby accepted by the Court. A Waiver of an Indictment was executed. The
Government is seeking detention. Defendant is currently detained under a
Detention Order entered on 1/15/2015 (1:14-cr-00077-HSO-RHW-4). The
defendant requested a detention hearing on the Bill of Information and the
Government requested a continuance. The Defendant was remanded to the
custody of the US Marshal pending further order of the Court.
APPEARANCES: A. Williams, AUSA; C. Taylor, Retained Counsel; S. Doll,
USPO; M. Rube/C. Kaes, DUSMs; and R. Dedeaux, CSO. Tape Number:
4/29/2015. (AB) Modied on 4/29/2015 to correct typo (AB). (Entered:
04/29/2015)
04/29/2015 3 WAIVER OF COURT APPOINTED COUNSEL by Calvin Allen. (AB)
(Entered: 04/29/2015)
04/29/2015 4 ORDER OF DETENTION as to Calvin Allen. Signed by Magistrate Judge John
C. Gargiulo on 4/29/2015 (AB) (Entered: 04/29/2015)
04/29/2015 Attorney update in case as to Calvin Allen. Attorney Calvin D. Taylor for Calvin
Allen added. (ALS) (Entered: 04/29/2015)
04/29/2015 5 WAIVER OF INDICTMENT by Calvin Allen (PKS) (Entered: 04/29/2015)
04/29/2015 10 Exhibit (Sealed) - Digital Audio File regarding Initial Appearance on Bill of
Information and Waiver of Indictment, AUDIO FILE size(5.8 MB). (AB)
(Entered: 05/15/2015)
04/30/2015 Minute Entry for proceedings held before Judge Halil S. Ozerden: Change of
Plea Hearing held 4/30/2015 for Defendant Calvin Allen. Plea Agreement was
accepted by the Court and led into the record. Plea Supplement was accepted
by the Court and led under seal. Plea entered by Calvin Allen: Guilty as to
Count 1. Sentencing set for 7/30/2015 at 2:30 p.m. in Courtroom 706 (Gulfport)
before District Judge Halil S. Ozerden. Defendant remanded to custody of U.S.
Marshal pending sentencing. Appearances: AUSA John A. Meynardie, for
Government; Calvin Taylor, Retained, for Defendant; USPO Matthew Becker;
DUSMs Ivy Jenkins and Charles Kaes; CSO Stanley Vance (Court Reporter T.
Norton (228) 563-1751). (ALS) (Entered: 04/30/2015)
3 of 5 8/18/15, 11:13 AM
71
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
4 of 5 8/18/15, 11:13 AM
72
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
73
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
74
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
75
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
76
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
77
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
78
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
11-1-187-01 Docket incomplete. File missing all documents filed after 2011.
11-1-055-01 Docket incomplete. File missing all documents filed after 2014.
07-0-864-01 Docket incomplete. File missing various documents; file also contains
documents not marked by a courtroom clerk or stamped by the clerk of
court.
79
CCK$
Gross$ CCK$vs.$ CCK$vs.$ CCK$vs.$ CCK$vs.$
Net$ Gross$ Gross$ Gross$
TTD$ CRMNL$ CRMNL$ CRMNL$ CRMNL$$
TTD$ TTD$vs.$ TTD$ TTD$ Indictment$ Indictment$ Sentence$ Sentence$ Disposition$ Disposition$ Capias$Date$ Capias$Date$$
vs.$Net$ CASE$NO.$ Indictment$ Sentence$ Disposition$ Capias$
(Days)$$ CRMNL$ (Days)$ (Days)$ Date$CCK$ Date$CRMNL$ Date$CCK$ Date$CRMNL$ Date$A$CCK$ Date$$CRMNL$ CCK$ CRMNL$
TTD$ Dates$ Dates$ Dates$ Date$
CCK$ Gross$ CCK$ CRMNL$
CCK$ (Days)$ (Days)$ (Days)$ (Days)$
TTD$
548$ 3345$ 2$ 3893$ 3891$ 03-0-979-00 0 12/9/2003 12/9/2003 -2 10/2/2014 9/30/2014 -2 10/2/2014 9/30/2014 0 1/23/2004 1/23/2004
832$ 1934$ 1$ 2766$ 2765$ 06-0-850-00 0 10/11/2006 10/11/2006 -1 6/17/2014 6/16/2014 -1 6/17/2014 6/16/2014 0 11/1/2006 10/31/2006
50$ 2598$ 0$ 2648$ 2648$ 06-1-158-00 0 12/13/2006 12/13/2006 0 4/21/2014 4/21/2014 0 4/21/2014 4/21/2014 0 1/16/2007 1/16/2007
1755$ 570$ 0$ 2325$ 2325$ 07-0-864-01 0 10/9/2007 10/9/2007 0 3/24/2014 3/24/2014 0 3/24/2014 3/24/2014 0 11/6/2007 11/6/2007
73$ 2328$ 1$ 2401$ 2400$ 07-1-004-00 0 10/11/2007 10/11/2007 -1 6/12/2014 6/11/2014 -1 6/12/2014 6/11/2014 0 3/31/2014 3/31/2014
468$ 1665$ 0$ 2133$ 2133$ 08-0-435-02 0 5/28/2008 5/28/2008 0 5/1/2014 5/1/2014 0 5/1/2014 5/1/2014 0 1/18/2013 1/18/2013
413$ 1570$ 3$ 1983$ 1980$ 08-0-645-01 0 7/30/2008 7/30/2008 -2 2/3/2014 1/31/2014 -2 2/3/2014 1/31/2014 0 8/20/2008 8/20/2008
35$ 2027$ 1$ 2062$ 2061$ 08-0-745-00 0 8/28/2008 8/28/2008 -1 5/20/2014 5/19/2014 -1 5/20/2014 5/19/2014 0 4/15/2014 4/15/2014
EXHIBIT K:
66$ 2149$ 1$ 2215$ 2214$ 08-0-894-00 0 9/25/2008 9/25/2008 -1 11/20/2014 11/19/2014 -1 11/20/2014 11/19/2014 0 9/15/2014 9/15/2014
233$ 1781$ 0$ 2014$ 2014$ 08-0-925-01 0 9/25/2008 9/25/2008 0 4/29/2014 4/29/2014 0 4/29/2014 4/29/2014 0 10/21/2008 10/21/2008
917$ 1000$ 0$ 1917$ 1917$ 08-1-186-00 0 12/17/2008 12/17/2008 0 4/14/2014 4/14/2014 0 4/14/2014 4/14/2014 0 1/16/2009 1/16/2009
1025$ 779$ 0$ 1804$ 1804$ 09-0-023-00 0 1/29/2009 1/29/2009 0 2/3/2014 2/3/2014 0 2/3/2014 2/3/2014 2 2/10/2009 2/12/2009
1060$ 781$ 1$ 1841$ 1840$ 09-0-338-00 0 5/6/2009 5/6/2009 -1 6/17/2014 6/16/2014 -1 6/17/2014 6/16/2014 0 6/8/2009 6/8/2009
1333$ 509$ 1$ 1842$ 1841$ 09-0-530-03 0 5/29/2009 5/29/2009 -1 7/11/2014 7/10/2014 -1 7/11/2014 7/10/2014 0 11/16/2010 11/16/2010
1583$ 53$ 1$ 1636$ 1635$ 09-0-664-02 0 6/29/2009 6/29/2009 -1 1/15/2014 1/14/2014 -1 1/15/2014 1/14/2014 0 7/7/2009 7/7/2009
1514$ 12$ 0$ 1526$ 1526$ 09-1-248-00 0 12/9/2009 12/9/2009 -1 3/5/2014 3/4/2014 0 3/5/2014 3/5/2014 0 1/11/2010 1/11/2010
1486$ 10$ 11$ 1496$ 1485$ 09-1-304-03 0 12/9/2009 12/9/2009 0 2/5/2014 2/5/2014 -11 2/5/2014 1/24/2014 0 1/11/2010 1/11/2010
222$ 1420$ ,7$ 1642$ 1649$ 09-1-350-00 0 12/9/2009 12/9/2009 7 7/1/2014 7/8/2014 7 7/1/2014 7/8/2014 0 1/15/2010 1/15/2010
441$ 1139$ 0$ 1580$ 1580$ 09-1-409-00 0 12/9/2009 12/9/2009 0 4/29/2014 4/29/2014 0 4/29/2014 4/29/2014 0 2/4/2010 2/4/2010
1742$ 37$ 4$ 1779$ 1775$ 09-1-445-04 0 12/9/2009 12/9/2009 -4 11/18/2014 11/14/2014 -4 11/18/2014 11/14/2014 0 1/29/2010 1/29/2010
1598$ 3$ 1$ 1601$ 1600$ 10-0-024-00 0 1/29/2010 1/29/2010 -1 7/10/2014 7/9/2014 -1 7/10/2014 7/9/2014 0 2/23/2010 2/23/2010
1525$ ,1$ 3$ 1524$ 1521$ 10-0-136-03 0 3/2/2010 3/2/2010 -3 5/26/2014 5/23/2014 -3 5/26/2014 5/23/2014 0 3/23/2010 3/23/2010
1396$ 172$ 0$ 1568$ 1568$ 10-0-194-00 0 3/2/2010 3/2/2010 0 7/10/2014 7/10/2014 0 7/10/2014 7/10/2014 0 3/25/2010 3/25/2010
1409$ 287$ 4$ 1696$ 1692$ 10-0-273-02 0 3/2/2010 3/2/2010 -4 11/18/2014 11/14/2014 -4 11/18/2014 11/14/2014 0 4/2/2010 4/2/2010
509$ 1118$ 2$ 1627$ 1625$ 10-0-364-00 0 3/25/2010 3/25/2010 -2 10/2/2014 9/30/2014 -2 10/2/2014 9/30/2014 0 4/23/2010 4/23/2010
516$ 1067$ 0$ 1583$ 1583$ 10-0-409-00 0 3/25/2010 3/25/2010 0 8/18/2014 8/18/2014 0 8/18/2014 8/18/2014 -6 4/16/2010 4/10/2010
282$ 1078$ 2$ 1360$ 1358$ 10-0-492-00 0 4/23/2010 4/23/2010 -2 2/3/2014 1/31/2014 -2 2/3/2014 1/31/2014 0 5/25/2010 5/25/2010
1419$ 3$ 1$ 1422$ 1421$ 10-0-597-00 0 6/2/2010 6/2/2010 -1 5/14/2014 5/13/2014 -1 5/14/2014 5/13/2014 0 6/25/2010 6/25/2010
508$ 1009$ 0$ 1517$ 1517$ 10-0-686-00 0 7/1/2010 7/1/2010 0 9/18/2014 9/18/2014 0 9/18/2014 9/18/2014 0 11/4/2010 11/4/2010
1377$ 3$ 0$ 1380$ 1380$ 10-0-765-03 0 7/27/2010 7/27/2010 0 5/27/2014 5/27/2014 0 5/27/2014 5/27/2014 0 8/19/2010 8/19/2010
1509$ 16$ 1$ 1525$ 1524$ 10-0-767-01 0 7/27/2010 7/27/2010 -1 10/22/2014 10/21/2014 -1 10/22/2014 10/21/2014 0 8/18/2010 8/18/2010
DISCREPANCY REPORT
1433$ 0$ 1$ 1433$ 1432$ 10-0-777-00 0 7/29/2010 7/29/2010 -1 7/22/2014 7/21/2014 -1 7/22/2014 7/21/2014 0 8/19/2010 8/19/2010
556$ 962$ 196$ 1518$ 1322$ 10-0-836-00 0 7/29/2010 7/29/2010 0 3/31/2014 3/31/2014 -196 10/17/2014 3/31/2014 0 8/13/2010 8/13/2010
1482$ ,7$ 4$ 1475$ 1471$ 10-0-920-02 0 8/24/2010 8/24/2010 -4 9/29/2014 9/25/2014 -4 9/29/2014 9/25/2014 0 9/8/2010 9/8/2010
297$ 1168$ 0$ 1465$ 1465$ 10-0-924-02 0 8/24/2010 8/24/2010 0 9/19/2014 9/19/2014 0 9/19/2014 9/19/2014 0 9/7/2010 9/7/2010
629$ 826$ 0$ 1455$ 1455$ 10-0-965-00 0 8/31/2010 8/31/2010 0 9/15/2014 9/15/2014 0 9/15/2014 9/15/2014 0 12/20/2012 12/20/2012
472$ 761$ 0$ 1233$ 1233$ 10-1-136-00 0 8/31/2010 8/31/2010 0 2/3/2014 2/3/2014 0 2/3/2014 2/3/2014 0 10/19/2012 10/19/2012
1350$ ,3$ 0$ 1347$ 1347$ 10-1-297-00 0 10/27/2010 10/27/2010 0 7/24/2014 7/24/2014 0 7/24/2014 7/24/2014 0 11/12/2010 11/12/2010
390$ 1033$ 0$ 1423$ 1423$ 10-1-384-01 0 10/27/2010 10/27/2010 0 10/10/2014 10/10/2014 0 10/10/2014 10/10/2014 -16 11/30/2010 11/14/2010
556$ 637$ 0$ 1193$ 1193$ 10-1-505-00 0 12/9/2010 12/9/2010 0 4/2/2014 4/2/2014 0 4/2/2014 4/2/2014 0 1/27/2011 1/27/2011
459$ 699$ 2$ 1158$ 1156$ 10-1-575-00 0 12/9/2010 12/9/2010 -2 2/27/2014 2/25/2014 -2 2/27/2014 2/25/2014 0 1/18/2011 1/18/2011
306$ 828$ 2$ 1134$ 1132$ 10-1-614-00 0 12/9/2010 12/9/2010 -2 2/3/2014 1/31/2014 -2 2/3/2014 1/31/2014 0 1/25/2011 1/25/2011
1054$ 302$ 0$ 1356$ 1356$ 10-1-638-00 0 12/9/2010 12/9/2010 0 9/15/2014 9/15/2014 0 9/15/2014 9/15/2014 0 1/11/2011 1/11/2011
1117$ 352$ 4$ 1469$ 1465$ 10-5-027-00 0 7/12/2010 7/12/2010 -4 8/11/2014 8/7/2014 -4 8/11/2014 8/7/2014 1020 7/21/2011 5/21/2014
1007$ 152$ 0$ 1159$ 1159$ 10-5-049-02 0 12/14/2010 12/14/2010 0 4/2/2014 4/2/2014 0 3/3/2014 3/3/2014 -6 1/26/2011 1/20/2011
1099$ ,16$ 3$ 1083$ 1080$ 11-0-006-01 0 1/31/2011 1/31/2011 -2 2/3/2014 1/31/2014 -2 2/3/2014 1/31/2014 0 1/31/2011 1/31/2011
62$ 1140$ 0$ 1202$ 1202$ 11-0-017-00 0 2/2/2011 2/2/2011 0 6/4/2014 6/4/2014 0 6/4/2014 6/4/2014 0 11/7/2011 11/7/2011
1335$ 5$ 1$ 1340$ 1339$ 11-0-088-01 0 2/2/2011 2/2/2011 -1 10/22/2014 10/21/2014 -1 10/22/2014 10/21/2014 0 2/25/2011 2/25/2011
297$ 832$ ,3600$ 1129$ 4729$ 11-0-138-00 -3600 2/2/2011 2/2/2001 0 3/21/2014 3/21/2014 0 3/21/2014 3/21/2014 0 5/28/2013 5/28/2013
1358$ 8$ 4$ 1366$ 1362$ 11-0-181-00 0 2/2/2011 2/2/2011 -4 11/18/2014 11/14/2014 -4 11/18/2014 11/14/2014 0 3/1/2011 3/1/2011
1225$ 13$ 1$ 1238$ 1237$ 11-0-229-00 0 2/2/2011 2/2/2011 -1 7/10/2014 7/9/2014 -1 7/10/2014 7/9/2014 0 3/3/2011 3/3/2011
1155$ 13$ 1$ 1168$ 1167$ 11-0-237-04 0 2/2/2011 2/2/2011 -1 4/30/2014 4/29/2014 -1 4/30/2014 4/29/2014 0 2/25/2011 2/25/2011
1238$ 1$ 0$ 1239$ 1239$ 11-0-275-01 0 4/6/2011 4/6/2011 0 9/15/2014 9/15/2014 0 9/15/2014 9/15/2014 1 4/26/2011 4/27/2011
266$ 773$ 0$ 1039$ 1039$ 11-0-300-01 0 4/6/2011 4/6/2011 0 2/25/2014 2/25/2014 0 2/25/2014 2/25/2014 0 5/6/2011 5/6/2011
1194$ 4$ 0$ 1198$ 1198$ 11-0-354-01 0 4/6/2011 4/6/2011 0 8/4/2014 8/4/2014 0 8/4/2014 8/4/2014 0 4/28/2011 4/28/2011
441$ 883$ 41$ 1324$ 1283$
80
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
11-0-379-00 0 4/6/2011 4/6/2011 0 10/29/2014 10/29/2014 -41 12/10/2014 10/29/2014 0 4/27/2011 4/27/2011
CCK$
Gross$ CCK$vs.$ CCK$vs.$ CCK$vs.$ CCK$vs.$
Net$ Gross$ Gross$ Gross$
TTD$ CRMNL$ CRMNL$ CRMNL$ CRMNL$$
TTD$ TTD$vs.$ TTD$ TTD$ Indictment$ Indictment$ Sentence$ Sentence$ Disposition$ Disposition$ Capias$Date$ Capias$Date$$
vs.$Net$ CASE$NO.$ Indictment$ Sentence$ Disposition$ Capias$
(Days)$$ CRMNL$ (Days)$ (Days)$ Date$CCK$ Date$CRMNL$ Date$CCK$ Date$CRMNL$ Date$A$CCK$ Date$$CRMNL$ CCK$ CRMNL$
TTD$ Dates$ Dates$ Dates$ Date$
CCK$ Gross$ CCK$ CRMNL$
CCK$ (Days)$ (Days)$ (Days)$ (Days)$
TTD$
942$ 321$ 0$ 1263$ 1263$ 11-0-435-00 0 4/6/2011 4/6/2011 0 10/9/2014 10/9/2014 0 10/9/2014 10/9/2014 0 4/28/2011 4/28/2011
1242$ ,177$ 1$ 1065$ 1064$ 11-0-455-01 0 4/6/2011 4/6/2011 -1 3/21/2014 3/20/2014 -1 3/21/2014 3/20/2014 0 5/11/2011 5/11/2011
1040$ 8$ 1$ 1048$ 1047$ 11-0-514-00 0 4/6/2011 4/6/2011 -1 3/4/2014 3/3/2014 -1 3/4/2014 3/3/2014 0 4/29/2011 4/29/2011
980$ 67$ 1$ 1047$ 1046$ 11-0-600-02 0 6/3/2011 6/3/2011 -1 4/30/2014 4/29/2014 -1 4/30/2014 4/29/2014 0 8/24/2011 8/24/2011
314$ 931$ 1$ 1245$ 1244$ 11-0-626-00 0 6/3/2011 6/3/2011 -1 11/18/2014 11/17/2014 -1 11/18/2014 11/17/2014 0 6/16/2011 6/16/2011
1170$ 14$ 2$ 1184$ 1182$ 11-0-670-02 0 6/3/2011 6/3/2011 -2 9/17/2014 9/15/2014 -2 9/17/2014 9/15/2014 0 6/29/2011 6/29/2011
1105$ 69$ 3$ 1174$ 1171$ 11-0-678-01 0 6/3/2011 6/3/2011 -3 9/7/2014 9/4/2014 -3 9/7/2014 9/4/2014 0 6/23/2011 6/23/2011
1250$ ,2$ 0$ 1248$ 1248$ 11-0-710-01 0 6/3/2011 6/3/2011 0 11/21/2014 11/21/2014 0 11/21/2014 11/21/2014 0 6/20/2011 6/20/2011
1117$ ,2$ 1$ 1115$ 1114$ 11-0-769-00 0 6/3/2011 6/3/2011 -1 7/8/2014 7/7/2014 -1 7/8/2014 7/7/2014 0 6/17/2011 6/17/2011
166$ 25$ ,791$ 191$ 982$ 11-0-815-00 0 6/3/2011 6/3/2011 791 12/14/2011 2/25/2014 791 12/14/2011 2/25/2014 0 7/1/2011 7/1/2011
399$ 753$ 0$ 1152$ 1152$ 11-0-846-00 0 6/3/2011 6/3/2011 0 8/15/2014 8/15/2014 0 8/15/2014 8/15/2014 0 7/12/2013 7/12/2013
66$ 1079$ 1$ 1145$ 1144$ 11-0-891-02 0 6/3/2011 6/3/2011 -1 8/8/2014 8/7/2014 -1 8/8/2014 8/7/2014 0 6/3/2014 6/3/2014
1160$ ,4$ 0$ 1156$ 1156$ 11-0-917-01 0 6/29/2011 6/29/2011 0 9/15/2014 9/15/2014 0 9/15/2014 9/15/2014 0 7/13/2011 7/13/2011
459$ 674$ 2$ 1133$ 1131$ 11-0-931-00 0 6/29/2011 6/29/2011 -2 8/22/2014 8/20/2014 -2 8/22/2014 8/20/2014 0 7/8/2011 7/8/2011
227$ 775$ 0$ 1002$ 1002$ 11-0-989-00 0 6/29/2011 6/29/2011 0 4/11/2014 4/11/2014 0 4/11/2014 4/11/2014 0 7/20/2011 7/20/2011
1058$ 17$ ,3600$ 1075$ 4675$ 11-1-040-00 -3600 7/27/2011 7/27/2001 0 7/22/2014 7/22/2014 0 7/22/2014 7/22/2014 0 8/18/2011 8/18/2011
875$ 15$ ,34$ 890$ 924$ 11-1-055-03 0 7/27/2011 7/27/2011 34 1/17/2014 2/21/2014 34 1/17/2014 2/21/2014 0 8/26/2011 8/26/2011
403$ 625$ 16$ 1028$ 1012$ 11-1-056-04 16 7/11/2011 7/27/2011 0 5/19/2014 5/19/2014 0 5/19/2014 5/19/2014 0 4/12/2013 4/12/2013
922$ 2$ 0$ 924$ 924$ 11-1-110-00 0 8/31/2011 8/31/2011 0 3/24/2014 3/24/2014 0 3/24/2014 3/24/2014 0 9/14/2011 9/14/2011
100$ 834$ 1$ 934$ 933$ 11-1-187-04 0 8/31/2011 8/31/2011 -1 4/4/2014 4/3/2014 -1 4/4/2014 4/3/2014 0 9/13/2011 9/13/2011
781$ 289$ 0$ 1070$ 1070$ 11-1-292-02 0 9/19/2011 9/19/2011 0 9/9/2014 9/9/2014 0 9/9/2014 9/9/2014 0 9/27/2011 9/27/2011
891$ 51$ 0$ 942$ 942$ 11-1-345-00 0 10/4/2011 10/4/2011 0 5/16/2014 5/16/2014 0 5/16/2014 5/16/2014 0 10/21/2011 10/21/2011
1007$ 1$ ,26$ 1008$ 1034$ 11-1-350-04 0 10/4/2011 10/4/2011 0 8/18/2014 8/18/2014 26 7/22/2014 8/18/2014 0 10/19/2011 10/19/2011
595$ 429$ 1$ 1024$ 1023$ 11-1-387-00 0 10/4/2011 10/4/2011 -1 8/8/2014 8/7/2014 -1 8/8/2014 8/7/2014 0 11/14/2011 11/14/2011
1068$ 0$ 0$ 1068$ 1068$ 11-1-417-00 0 10/4/2011 10/4/2011 0 9/22/2014 9/22/2014 0 9/22/2014 9/22/2014 0 10/20/2011 10/20/2011
605$ 437$ 0$ 1042$ 1042$ 11-1-458-00 0 10/4/2011 10/4/2011 0 8/26/2014 8/26/2014 0 8/26/2014 8/26/2014 0 12/27/2011 12/27/2011
988$ ,1$ 24$ 987$ 963$ 11-1-509-00 0 12/8/2011 12/8/2011 -24 9/5/2014 8/11/2014 -24 9/5/2014 8/11/2014 0 12/22/2011 12/22/2011
712$ 65$ 1$ 777$ 776$ 11-1-525-01 0 12/8/2011 12/8/2011 -1 2/5/2014 2/4/2014 -1 2/5/2014 2/4/2014 0 2/24/2012 2/24/2012
815$ 0$ 1$ 815$ 814$ 11-1-557-00 0 12/8/2011 12/8/2011 -1 3/13/2014 3/12/2014 -1 3/13/2014 3/12/2014 0 12/19/2011 12/19/2011
775$ 0$ 0$ 775$ 775$ 11-1-594-00 0 12/8/2011 12/8/2011 0 2/3/2014 2/3/2014 0 2/3/2014 2/3/2014 0 12/22/2011 12/22/2011
948$ 101$ 2$ 1049$ 1047$ 11-1-615-01 0 12/8/2011 12/8/2011 -2 11/7/2014 11/5/2014 -2 11/7/2014 11/5/2014 0 12/19/2011 12/19/2011
970$ 0$ 3$ 970$ 967$ 11-1-639-01 0 12/8/2011 12/8/2011 -3 8/18/2014 8/15/2014 -3 8/18/2014 8/15/2014 0 12/22/2011 12/22/2011
229$ 736$ 1$ 965$ 964$ 11-1-703-00 0 12/8/2011 12/8/2011 -1 8/13/2014 8/12/2014 -1 8/13/2014 8/12/2014 0 1/3/2012 1/3/2012
1023$ ,4$ 1$ 1019$ 1018$ 11-1-728-02 0 12/8/2011 12/8/2011 -1 10/7/2014 10/6/2014 -1 10/7/2014 10/6/2014 0 12/19/2011 12/19/2011
976$ ,2$ 2$ 974$ 972$ 11-1-742-01 0 12/8/2011 12/8/2011 -2 8/22/2014 8/20/2014 -2 8/22/2014 8/20/2014 0 12/20/2011 12/20/2011
375$ 548$ 0$ 923$ 923$ 11-1-791-01 0 12/8/2011 12/8/2011 0 7/1/2014 7/1/2014 0 7/1/2014 7/1/2014 0 7/27/2012 7/27/2012
894$ 78$ 1$ 972$ 971$ 11-5-054-00 0 12/14/2011 12/14/2011 -1 8/26/2014 8/25/2014 -1 8/26/2014 8/25/2014 0 3/15/2012 3/15/2012
237$ 809$ ,3597$ 1046$ 4643$ 11-5-087-00 -3600 12/14/2011 12/14/2001 -3 11/10/2014 11/7/2014 -3 11/10/2014 11/7/2014 0 3/18/2014 3/18/2014
949$ 61$ 1$ 1010$ 1009$ 12-0-014-02 0 1/31/2012 1/31/2012 -1 11/20/2014 11/19/2014 -1 11/20/2014 11/19/2014 0 2/9/2012 2/9/2012
764$ 5$ 14$ 769$ 755$ 12-0-035-00 0 1/31/2012 1/31/2012 -14 3/19/2014 3/5/2014 -14 3/19/2014 3/5/2014 0 2/14/2012 2/14/2012
9$ 837$ 0$ 846$ 846$ 12-0-064-00 0 1/31/2012 1/31/2012 0 6/6/2014 6/6/2014 0 6/6/2014 6/6/2014 1 5/27/2014 5/28/2014
360$ 451$ 1$ 811$ 810$ 12-0-087-00 0 1/31/2012 1/31/2012 -1 5/1/2014 4/30/2014 -1 5/1/2014 4/30/2014 0 5/6/2013 5/6/2013
907$ 6$ 0$ 913$ 913$ 12-0-108-00 0 1/31/2012 1/31/2012 -1 8/13/2014 8/12/2014 0 8/13/2014 8/13/2014 0 2/13/2012 2/13/2012
783$ 7$ 0$ 790$ 790$ 12-0-169-00 0 3/6/2012 3/6/2012 0 5/22/2014 5/22/2014 0 5/16/2014 5/16/2014 0 3/16/2012 3/16/2012
824$ 11$ 0$ 835$ 835$ 12-0-209-00 0 3/7/2012 3/7/2012 0 7/2/2014 7/2/2014 0 7/2/2014 7/2/2014 0 3/30/2012 3/30/2012
846$ 99$ 1$ 945$ 944$ 12-0-250-01 0 3/7/2012 3/7/2012 -1 10/22/2014 10/21/2014 -1 10/22/2014 10/21/2014 0 6/28/2012 6/28/2012
851$ 135$ 205$ 986$ 781$ 12-0-252-00 0 3/7/2012 3/7/2012 -205 12/3/2014 5/8/2014 -205 12/3/2014 5/8/2014 0 3/16/2012 3/16/2012
196$ 549$ 0$ 745$ 745$ 12-0-283-02 0 3/7/2012 3/7/2012 0 4/2/2014 4/2/2014 0 4/2/2014 4/2/2014 0 9/18/2013 9/18/2013
907$ 9$ 0$ 916$ 916$ 12-0-302-01 0 3/7/2012 3/7/2012 0 9/23/2014 9/23/2014 0 9/23/2014 9/23/2014 0 3/30/2012 3/30/2012
451$ 460$ 0$ 911$ 911$ 12-0-308-01 0 3/7/2012 3/7/2012 0 9/18/2014 9/18/2014 0 9/18/2014 9/18/2014 0 5/14/2012 5/14/2012
732$ 32$ 0$ 764$ 764$ 12-0-316-01 0 3/7/2012 3/7/2012 0 4/21/2014 4/21/2014 0 4/21/2014 4/21/2014 0 4/19/2012 4/19/2012
753$ 59$ 0$ 812$ 812$ 12-0-319-04 0 3/7/2012 3/7/2012 0 6/9/2014 6/9/2014 0 6/9/2014 6/9/2014 0 5/17/2012 5/17/2012
990$ 5$ 0$ 995$ 995$ 12-0-320-02 0 3/7/2012 3/7/2012 0 12/12/2014 12/12/2014 0 12/12/2014 12/12/2014 0 3/27/2012 3/27/2012
270$ 607$ 1$ 877$ 876$ 12-0-321-00 0 3/7/2012 3/7/2012 -1 8/14/2014 8/13/2014 -1 8/14/2014 8/13/2014 0 5/14/2012 5/14/2012
142$ 747$ 0$ 889$ 889$ 12-0-329-01 0 3/7/2012 3/7/2012 0 8/26/2014 8/26/2014 0 8/26/2014 8/26/2014 0 7/24/2013 7/24/2013
674$ 1$ 1$ 675$ 674$
81
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
82
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
83
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
84
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
WHAT%IS%MEC?%
!
Beginning! in! 2005,! the! Mississippi! Supreme! Court! began! a! measured! and! comprehensive! move! to!
evaluate,! test,! and! implement! electronic! filing! and! case! management! in! Mississippi! courts.! Beginning!
with!the!Madison!County!Chancery!Clerks!office!in!May!2008,!local!courts!have!been!testing!a!version!of!
the! federal! Case! Management/Electronic! Case! Filing! (CM/ECF)! system,! now! referred! to! as! the!
Mississippi! Electronic! Courts! (MEC)! system.! The! MEC! system! is! a! comprehensive,! internetbased!
document!filing!and!case!management!system!that!allows!courts! to!maintain!electronic!case! files! and!
offer!electronic!filing.!Courts!can!make!all!case!information!immediately!available!electronically!through!
the!Internet.!The!design!of!CM/ECF!provides!for!lowcost!user!access!to!the!system.!Any!modern!PC!with!
Internet!access!and!Web!browser!software!can!access!MEC.!!
85
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
These CCK dockets are representative of hundreds found by BOTEC researchers showing cases
being docketed in CCK after the date specified in Judge Green's order for conversion.
86
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
87
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
88
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
89
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
26
90
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
SUPREME COURT OF
MISSISSIPPI
2012
ANNUAL REPORT
91
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
At any given time, there are between 1,650 and 1,700 cases pending in some stage
before the Supreme Court and Court of Appeals. This year, the Clerks Office filed 911
notices of appeal, 2,014 briefs, and 5,819 motions; it processed 7,058 orders and notices.
In 2012, Mississippi appellate courts decided 964 appeals and numerous petitions for
certiorari, petitions for interlocutory appeal, petitions for mandamus, and more than 6,000
motions of various types, all within the established time limits. And for FY 2012, circuit and
chancery courts disposed of 112,153 civil cases, and the circuit courts disposed of 24,917
criminal cases. All of this was accomplished using less than one percent of the states
general fund appropriations.
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Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
Recognizing that the cost of litigation too often bars those with limited means from
bringing matters before the courts, we have distributed more than $634,000 to civil legal
assistance for the underprivileged. These funds were raised from special assessments that
are designated for improving access to justice.
Access to drug courts increased significantly in 2012. The last four non-participating
circuit court districts voluntarily joined the states drug court program. The program is now
officially statewide.
The Courts internal committees are working on other projects, including Uniform
Rules for Criminal Practice and Procedure. The Mississippi Model Jury Instructions
Commission submitted its recommended revisions to the Court on October 24, 2012. And
the Commission on Childrens Justice is completing its study focused on improving the
delivery of judicial and welfare services.
Much of our success is due to the dedication of judges, the leadership of the
Mississippi Bar, attorneys, and career staff who have devoted themselves to the judiciarys
sole purposeproviding a forum for the fair, efficient, and independent administration of
justice. To all of these individuals, I give my personal thanks.
As Chief Justice of the Supreme Court of Mississippi, I will do all within my power,
with the assistance of my colleagues on the Court, to continue to improve our judicial system.
ii
93
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
TABLE OF CONTENTS
iii
94
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
Drug court programs offer a collaborative effort from the court, probation officers,
substance abuse treatment providers, and others. This team approach is used to provide
the drug court participants with the most effective plan in dealing with their addiction. The
program involves court-ordered treatment, random and frequent drug testing, intensive
supervision, the use of sanctions and incentives, and numerous face-to-face appearances
before the judge. The philosophy of drug court programs is that this model will result in
higher recovery rates from addiction, reduced criminal behaviour, lower recidivism rates, and
an overall return to productive citizenship.
The first felony adult drug court was established in 1999 in the 14th Circuit District.
In 2003, the Mississippi Legislature adopted the Alyce Griffin Clarke Drug Court Act, which
created the necessary framework for expansion of the drug court model throughout
Mississippi. Since its passage, more than 4,000 Mississippians have benefited from this
effective alternative in dealing with the problems of substance abuse. The State Drug Courts
Advisory Committee deserves special recognition for its leadership and commitment to
meaningful solutions to the problems of the criminal justice system.
The Supreme Court, working with the Administrative Office of Courts, the State
Department of Information Technology Services and state trial courts, is implementing a
major long-range initiative to provide a uniform electronic case filing and court management
system for distribution to the chancery and circuit courts and their respective clerks offices.
The Mississippi Electronic Courts (MEC) program is adapted
from the electronic filing system used in federal district courts.
Attorneys and their staffs may file and view documents 24 hours
a day, seven days a week. Judges using MEC can access
documents at any time and location via the Internet, allowing
them to prepare for hearings and draft orders and opinions
without waiting for paper files. The public will have easier access
to court records.
E-filing expanded to all trial courts in Harrison County, and e-filing is mandatory in
those courts. E-filing is also mandatory in all courts in Madison and Warren counties and
DeSoto County Chancery Court. In addition, implementations began in Hinds and Rankin
Chancery Courts.
13
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Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
The demand for the Mississippi Electronic Courts system continues to increase. Plans
were made to expand the system into an additional 15 courts by the end of 2013. In order
to keep up with that growing demand, MEC added four key personnel to the organization:
application developer, programmer analyst, systems administrator, and help desk specialist.
A longstanding technology program for Youth Courts began in 1999. In 2012, the
Mississippi Youth Court Information Delivery System (MYCIDS) was operating in 81 Youth
Court and Referee Courts and in the City of Pearl Municipal Youth Court. MYCIDS is
designed to help Youth Courts organize their work and records efficiently and save staff time
and other resources. The MYCIDS system includes electronic docketing and record keeping.
Case tracking features assist court staff in scheduling all hearings and other events required
by law to occur within a specific time frame. Judges and court staff are able to track
juveniles encounters with multiple jurisdictions. Computer hardware, staff training and a
help desk are provided by the Supreme Court at no charge to local Youth Courts. This
successful case management system is highly regarded nationally.
Information Technology
The Supreme Court and the Administrative Office of Courts function with a
technology staff of a director, two systems administrators, one software development project
manager, four programmer analysts, one web master/support specialist, and one business
systems analyst. These staff members distribute and maintain all computer hardware and
software in the trial courts and appellate courts, distribute and install MYCIDS, and train,
develop and maintain the appellate court case management system with e-filing (CITS) and
the AOC Statistical System (SCATS), maintain the Judicial Branch web site, and advise the
Court on future technology initiatives.
14
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Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
CircuitCourts CriminalCases/CountsDisposedinFY2012
0 1,000 2,000 3,000 4,000 5,000 6,000
1 2,250
3,041
2 2,655
3,731
3 1,427
2,241
4 813
1,217
5 514
889
6 403
756
7 2,264
3,229
8 259
343
D 508
9 743
i
10 1,260
s 1,756
t 11 405
890
r 12 847
1,091
i 322
13 409
c
14 1,083
t 1,937
s 15 1,583
2,100
16 767
1,074
17 2,499
4,832
18 468
587
19 1,973
2,762
20 2,246
3,133
21 206
319
22 165
286
Cases Counts
DatafromSmithCountyNotAvailable
20
97
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
SUPREME COURT
OF
MISSISSIPPI
98
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
The Office of the Clerk of the Supreme Court and Court of Appeals
began accepting voluntary e-filing of briefs and motions July 1, 2013, and
received more than 2,000 electronically filed documents by years end. The
Supreme Court made e-filing mandatory January 1, 2014, for appellate
briefs and motions. About 4,150 attorneys 54 percent of the Mississippi
Bar were registered to use the MEC system. Also, more than 1,600 non-attorneys were registered
to use the system to access court records.
The appellate courts received 1,084 new appeals in 2013, seven fewer cases than the
previous year, and decided more cases; 1,030 cases were disposed of in 2013, compared to 964
decisions on the merits the previous year. In addition, the appellate courts addressed 5,848 motions:
3,656 by the Supreme Court and 2,192 by the Court of Appeals.
In the trial courts, total reported case filings and dispositions decreased in Chancery, Circuit
and County Courts, according to data provided to the Administrative Office of Courts. However,
some trial court clerks failed to report data. One of the benefits of e-filing is automated data
transmissions, which will provide real time access to statistics.
Drug Courts reached statewide coverage in late 2012, with felony adult drug courts operating
in all Circuit Court districts. However, Drug Court growth outpaced funding in 2013. As a result,
the State Drug Court Advisory Committee cut funding for felony adult drug courts by 25 percent,
and cut funding for juvenile drug courts by 58 percent, effective July 1, 2013. Municipal, Justice
Court and Family Drug Courts received no funding for the 2014 fiscal year, which began July 1,
2013. At the end of calendar year 2013, there were a total of 38 drug courts, including 22 felony
adult programs in circuit courts, 12 Youth Court drug courts, and four misdemeanor drug courts in
Municipal and Justice courts. Average enrollment for the year was abut 3,500 people statewide.
Nearly 2,800 of those were felony adult offenders in the circuit drug court programs, who represent
an estimated annual savings of $42,423,220 in incarceration costs.
Rule 6.08 of the Uniform Circuit and County Court Rules was amended to provide rules and
procedures for conducting limited criminal proceedings with interactive audiovisual devices. With
the advent of more remote detention facilities, this rule change will facilitate certain limited
proceedings where two-way audiovisual communication between the court and the facility can be
established.
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Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
100
Case-Processing Times for Felony Prosecutions in the Hinds County Circuit Court
The Commissions complete report is available on the Mississippi Judiciary website at this
link: http://courts.ms.gov/reports/ChildrensJusticedoc.pdf.
The Mississippi Supreme Court created the Commission on Childrens Justice in April 2006.
The Commission laid the groundwork for the Supreme Courts adoption of Uniform Rules of Youth
Court Practice. The Supreme Court reestablished the Commission in June 2010. The Supreme Court
charged the Commission with developing a statewide comprehensive approach to improving the
child welfare system; coordinating the three branches of government in assessing the impact of
government actions on children who are abused or neglected; and recommending changes to
improve childrens safety, strengthen and support families and promote public trust and confidence
in the child welfare system.
Supreme Court Justice Randy G. Pierce of Leakesville and Rankin County Youth Court
Judge Thomas Broome of Brandon are co-chairs. Judge Broome heads a subcommittee focused on
the Youth Court system. Court of Appeals Judge Virginia Carlton of Jackson leads a subcommittee
addressing education issues.
The Mississippi Electronic Courts e-filing and case management system during 2013 saw
its largest annual growth since the programs inception, with e-filing implemented in eight courts.
Trial court jurisdictions which implemented MEC in 2013 were Clay County Chancery and Circuit
Courts; Hinds County Chancery and Circuit Courts; and the Chancery Courts of Grenada,
Montgomery, Rankin and Webster counties.
The most visible work of MEC is implementing e-filing systems in trial and appellate courts
and training court staff and attorneys. MEC staff have also worked to extend the programs
capabilities. Work completed in 2013 included development of a criminal case management system,
automated case transfers, and batch filing functionality. Paper or other data system electronic
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records which predate MEC were converted and migrated to the MEC system in trial courts which
implemented the MEC system. A scheduling and calendaring function has been developed. A
Chancery Court bookkeeping system has been designed, with completion expected in early 2014.
MEC also made cost-saving refinements to the system architecture.
About 4,150 attorneys 54 percent of the Bar were registered to use the MEC system.
Also, more than 1,600 non-attorneys were registered to use the system to access court records.
The MEC system allows attorneys and their staffs to file and view documents 24 hours a day,
seven days a week, in all MEC participating courts without the expense of travel and postage. Judges
using MEC can access documents at any time and location via the Internet, allowing them to prepare
for hearings and draft orders and opinions without waiting for paper files. The public has easier
access to court records.
Planning for MEC began in 2004. The Supreme Court works with the Administrative Office
of Courts, the state trial courts and the State Department of Information Technology Services. The
MEC system was adapted from the electronic filing system used in federal district courts.
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In 2013, the Supreme Court Information Technology Department continued to expand the
capabilities of the MYCIDS system. Developments included:
a Probation Module that allows Department of Youth Services and court counselors to
schedule and track meetings scheduled and held to supervise youths who are under Informal
Adjustment or Formal Probation.
providing MYCIDS access to Family and Children Services workers so that they may track
Protection cases through the courts. IT staff are seeking ways to better include Department
of Human Services Division of Family and Children Services in future updates of MYCIDS.
Work is expected to begin in 2014 on a module that will aid court staff in communicating
disposition information to Oakley Youth Development Center for student intake. The module will
eventually aid Oakley in tracking the student through the Center programs.
Information Technology
The Information Technology Division of the Supreme Court and the Administrative Office
of Courts consists of a small staff of software developers, systems administrators, and training and
support specialists. Their responsibilities include purchase, installation, and maintenance of all
computer and network equipment in the appellate courts and some trial courts; development,
training, and support of several software systems such as the appellate court case management
system (CITS), the statewide Youth Court case management system (MYCIDS), and the AOC
statistical system (SCATS); and maintenance of the State of Mississippi Judiciary web site.
In 2013, IT successfully completed the first phase of development and integration of the
e-filing component of the Mississippi Electronic Courts system, MEC, into the appellate court case
management system of the Supreme Court and Court of Appeals. On July 1, 2013, all attorneys who
were registered with MEC as well as admitted to practice before the Supreme Court were able to
electronically file briefs, motions, and responses on a voluntary basis. E-filing was set to become
mandatory Jan. 1, 2014, for briefs, motions and responses.
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! ! Lowry Heussler
General Counsel
617/245-8567
lowry.heussler@botecanalysis.com
!
When Peter Gehred and I met with you last February, you supplied us with information that has
been valuable in pursuing the data needed to support the report commissioned by the legislature. We
are now moving into the next phase of this work, and we need more specifics from your office, in
the form of the below listed documents. You gave us the name of Attorney Jamie McBride as the
person with whom we should consult, and we are therefore sending a copy of this letter to Mr.
McBride as well.
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!
We recognize that you may not have all of these documents and that some of the materials may
exist in different forms or be known by other names. If possible, we would like to arrange a
telephone call between Mr. McBride and out subject matter expert, Mr. Bud Frank in order to
develop an understanding of what is available for our review and how we can minimize the
disruption.
Lowry Heussler
By e-mail to: rsmith@co.hinds.ms.us
copy: ADA Jamie McBride, jmcbride@co.hinds.ms.us
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