Iron County record. [volume] (Cedar City, Utah) 1893-1982, 1912-05-17
Delay of Court Decisions.

There is no disputing that some means should
be found to expedite the machinery Of the courts,
especially that Of the higher, appellate courts
DELAYS in the lower courts are usually attribut
able to one or the other of the parties to action
who, for some reason best known to himself, seeks
every possible delay in bringing the cause to trial
Rarely do trial courts, by any artfce or indiffer.
ence of the Judge, seek to delay or hinder the
prompt disposal of an action coming under their
jurisdiction.
Nevertheless, trial courts come in for their
share of denuncation, when, in fact, much Of the
blame attached to these courts is directly the result
of the action Of juries in lending an ever ready
ear of sympathy. Inasmuch as juries are COM
posed Of laymen, whenever a guilty culprt is
turned loose upon the community, its citizens in
variably are to blame, and not the courts
But, when we turn to the higher courts, we
find that nearly all the criticism that is showered
upon them is merited for appellate courts. as a
rule. are wilful offenders in delaying the admins
tration Of justice paradoxcial as the statement
may seem. Generally speaking. the decision OF
an appellate court, once it is rendered, is pointed
epistle Of absolute justice, based upon undisputet
principles Of human equity.
The difficulty is. that when a controversy is ap.
pealed to the higher courts neither party nor the
may be reached; and there is no way under the
sun by which the information can be gained. AL
the facts in written FORM may be before the
judges all the law known to the attorneys for the
contending parties in the hands Of the court, in
neatly printed form; every aid to comprehensive
-stRdy af the sruciples involved may. have beer
provided. and yet. weeks almost without excep-
tion months more often, and years frequently, are
consumed by the court before an opinion Is forth
coming.
After the question has been argued and sub
mitted and some one member of the court has
been assigned to write the opinion of the court h'
may take the papers and hold them in his posses
sion indefinitely, no matter what injustice may
result to the parties through the delay and under
the present system of procedure there is no relief
for the injured party. The members of the court
are upon their honor in the conduct of their Offices
Aside from the regular terms of court a member
may devote thirty minutes, or twelve hours. q
day to the consideration of matters awaiting tn,
courts decision.
The result is that in a court composed o
twelve members, if there be few Indifferent
members. the work accumulates, and as tim,
passes the number of cases continue to increase
and after the lapse of sufficient time, decisions
begin to be rendered years after being submitted
II matters little to such judges whether the partie
and the witnesses in an action grow gray Will
years. or die of old age, their salary is Away;
ready for them. AS consequence of the plan OF
operation existing in higher courts, there are al
ways one or more Judges who do the work tha
two should do; however, they sledom receive an!
greater credit, and never more salary.
To remedy this evil, we would suggest tina
each state enact law requiring the appellate
courts to render decisions in all cases within
certain period after their submission; and TO
failure to comply with the provisions of the law w
would cause the defaulting Judge to forfeit hi
salary. In the interest of the working Judge w
would insert proviSo, that the Judge producer
evidence of his having written and submitted I
the court his proportionate number of opinions
based upon the number of judges composing tn
court and the number of cases of record, shou'
receive his salary, regardless of the condition o
the calendar.
We believe this plan would remedy many Q
the evils resulting from long-delayed opinions
and would result in eStimab,c benefit TO a Ions
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