By Kevin Krause
The Dallas Morning News
DALLES COUNTY, Texas — When Dallas County added two felony courts in late 2005, officials hoped more pending cases would be resolved, thus saving money by reducing the growing case backlog that contributes to jail crowding.
But more than two years later, the courts haven’t delivered the desired results.
Criminal District Courts 6 and 7 cost Dallas County taxpayers more than $2 million per year. But since they began operating, average monthly case dispositions -- or case resolutions -- are down in all 17 courts.
The reasons given for this vary, depending on whom you ask. The local criminal justice system has many parts, and defense lawyers and prosecutors can contribute to slow-moving cases. Some cases are more complex and difficult than others, and thus take longer to try. But judges play a big role, too -- for example, in the speed with which they hear motions and make decisions.
The two courts were the first felony courts to be created in Dallas County in more than a dozen years. Dispositions dropped immediately after the courts were added in late 2005. Judges in most of the established 15 courts disposed of fewer cases on average than the year before; some had substantial drops.
One of those judges, Becky Gregory, who lost her re-election bid in 2006, said she didn’t know why her dispositions fell 22 percent in 2006. She said more trials can have an effect because they can take up to a week.
Ms. Gregory, recently nominated as a U.S. attorney by President Bush, said higher case filings can also clog a docket. Case filings in the district courts increased 2 percent in 2006.
Felony cases are resolved in many ways. A case disposition, as it’s called, occurs when someone accepts a plea deal, is found guilty and sentenced, is acquitted, or has a case transferred to misdemeanor court or a new venue, for example.
Dispositions also were down in the 2007 fiscal year, when the 2006 judicial elections swept most Republican judges out of office. County officials say the outgoing judges weren’t around as much in their final weeks, while the incoming Democratic judges faced a learning curve.
Among Texas’ five largest counties, Dallas County district courts have the second lowest disposition rate, behind Bexar County, according to state figures. Disposition rates are one of the few ways to measure a judge’s effectiveness on the bench.
Dispositions were up slightly during the first three months of the current fiscal year. But it’s difficult to get an accurate picture without at least six months of data, court officials say.
And the two newer courts are still lagging behind the others in total dispositions.
When the courts began operations in November 2005, the judges received a portion of the other judges’ caseloads. Many were old cases that were more likely to go to trial and thus take longer to resolve, the judges said.
“We got all the dog cases,” said Livia Liu, former judge of Criminal District Court 7. “My focus at that point was trying to get old cases moving.”
Ron Stretcher, the county’s criminal justice director, said the newer courts don’t handle as many probation violations as the others. When a judge revokes probation and sends someone to prison, it counts as a disposition.
The newer courts also aren’t getting as many cases as the others, he said. Last fiscal year, the newer courts got about 1,690 cases each, while the other courts averaged about 1,960, Mr. Stretcher said.
A computer distributes the cases based on a complex formula. Mr. Stretcher said officials are examining the process to ensure cases are assigned properly and fairly.
He said the newer courts are among those with the fewest defendants waiting in jail for a disposition.
“We’re a hardworking court,” said Judge Jeanine Howard of Criminal District Court 6.
From 1998 to 2001, Dallas County felony judges disposed of more cases than were filed. But that trend reversed in 2002, the same year former District Attorney Bill Hill’s new policy began requiring testing of drug evidence before cases are filed.
The policy was intended to prevent another fake-drug scandal but also delayed cases. With more cases coming in than going out, the pending caseload has continued to climb -- by 56 percent since 2002. That translates into higher costs for Dallas County, because it means more defendants are sitting in jail -- at $41 each per day -- awaiting disposition of their case.
About a third of inmates in the Dallas County jail system are awaiting dispositions of felony cases, according to recent county reports. Some can sit in jail for up to a year awaiting an outcome. Only those awaiting appeal spend more time on average in the jail.
The reason the jails aren’t overflowing is that, beginning last year, Dallas County reduced the high number of low-level offenders in the jail system through expedited plea deals and other measures.
For about two decades, Harris County has used a 24-hour intake system, in which people are booked and processed around the clock. As a result, almost 60 percent of Harris County’s felony and misdemeanor cases are disposed of within 48 hours.
Dallas County is several months away from instituting its own 24-hour intake system, Dallas County Commissioner John Wiley Price said.
County officials and the district judges give different reasons for the growing caseload, but all say the judges are working hard.
Judge John Creuzot, the presiding judge of the felony courts, says the new Democratic judges are taking a different approach to justice.
They try to get probation violators back on track through treatment and monitoring instead of automatically sending them to prison, he said. “To say we didn’t dispose of a case is not to say we didn’t deal with a case,” Judge Creuzot said.
Pending cases up in felony courts
The Problem
The 17 Dallas County felony district courts have been unable to keep up with new filings. Courts aim to dispose of existing cases through trials or plea bargains faster than new cases are filed in order to avoid a case backlog that can keep inmates in jail longer, leading to crowding and higher costs.
THE TREND
During the last five years, the number of pending cases has increased 56 percent. Before that, it was declining. Between 1998 and 2001, judges on average disposed of more cases than were filed.
The Fix
Legislation that Dallas County pushed for led to the opening of two felony courts in November 2005. The county hoped the new courts would bring relief to clogged dockets.
The Outcome
Average dispositions per court declined when the two courts were added, and pending cases shot up -- the third-highest increase in 10 years. Judges and county officials blame the poor performance on the 2006 judicial elections, which they say had a disruptive effect. Dispositions are up in the first three months of this fiscal year.
Copyright 2008 The Dallas Morning News