Despite its problems, the NCSC report notes that the Cochise County Superior Court has done an excellent job of resolving and disposing of less complicated criminal cases in 2021.

“…court timeliness for handling felony cases positively exceeded actual statewide averages and approached established state standards,” the report states.

For example, the 2021 state standard required 65% of felony cases in court to be handled within 90 days. In fact, only 33% of his cases were settled across state courts within that period.

But in Cochise County, the rate was 57 percent, the report said. Courts have shown better results as the timeframes for processing cases have increased, according to the report.

These are cases that were settled in early settlement courts. The matter is still criminal in nature, but less complicated, said Cochise County Superior Court Judge Timothy Dickerson.

Cochise County Superior Court officials also expressed concern that 12% (54) of the 439 felony cases pending in court are more than a year old. During the NCSC’s review, court officials noted that there were six pending criminal cases, the report said.

The authors of this study observed that the court clerk’s office, Cochise County Jail, and judge staffing were problematic.

“Information gathered during project team interviews suggests that the Secretariat, like many courts and government agencies, is underfunded and struggling to attract and retain qualified staff. “The challenge of attracting qualified staff stemmed from salary and county location, impacting clerks’ ability to ensure the accuracy of court record data,” the study said. .”

The study also showed that the limited number of clerks delays the slightest input from court proceedings, which affects the flow of cases.

Also, the computers in the office are old.

“The Secretariat is also plagued by a lack of necessary technology, with desktop computers not updated in 15 years, but some staff members have access to laptops updated within the last five years,” it reports. the book says.

For the Cochise County Jail, overcrowded facilities and its outdated structure contribute to the flow of court cases, the study said.

“Prison populations remain a community concern,” the report said. “Designed more than 40 years ago to hold 168 inmates and pretrial detainees, the current Cochise County Jail has been converted to hold up to 302 people. Although time-consuming, court hearings in remote locations from prisons are often logistically problematic, for example, prison staff may have to report prisoners remotely for other responsibilities. In addition, Wi-Fi cannot penetrate the prison’s steel and concrete infrastructure, so remote connections sometimes fail.

Judges lack personnel who can help legal scholars research and prepare cases, the study said. When she learned in the Herald/Review last year that judges in larger counties like Maricopa had staff to help lawyers investigate their cases, she said, I was stunned,” he said.

“The Cochise County Superior Court also struggles to attract and retain qualified employees due to low compensation and location,” the report said. “Additionally, the level of staff support available presents a challenge to moving cases effectively.”

The study provided several recommendations for how the courts could address these issues and resolve the backlogged cases.

• Adopt a court-wide continuity policy
• Adopt a court-wide petition cutoff policy
• Increase supervised pre-trial releases
• Understand the cost of delay
• Conduct an annual self-assessment of the Criminal Case Flow Management Maturity Model

The study concluded that there are too many ongoing lawsuits in Cochise County Superior Court.

“…too often, case setting is done just to demand continuation,” the report said. “A culture of continuation leads to unprepared lawyers and litigants, a lack of certainty about trial dates, and a lack of urgency for crime labs to process evidence.

“All case settings must be meaningful,” the report adds. “Too many resources are needed not to treat each courtroom event as an opportunity for progress. A continuity policy adopted and consistently enforced across courtrooms is an effective case flow management tool.” Continuation should be dealt with on a case-by-case basis, but should only be requested or granted on good cause.”

NCSC also proposed a petition cutoff policy.

“Court officials shared that of the total number of cases set for trial, only 1% progressed, 50% continued at a later date, and more than 99% were settled by final petition.” the report said. Say. “On average, the Cochise County Superior Court has nine criminal jury trials per year, and he had six trials outstanding during the project team’s visits.”

The study suggests that courts have adopted a “typical policy of requiring petitions to be prepared and accepted or rejected at a specific time prior to trial.”

“This means that proposals may be considered before trial date, but after one or more pretrial meetings scheduled by the court,” the study said. “Some courts use the final pretrial conference as a deadline for receiving petitions. By the deadline, all material disclosures have been exchanged and the defense has time to evaluate the offer.” there should have been.”

Additionally, in the study, court officials recommend that prisoners who have committed less serious crimes be released from county custody.

“Cochise County Jail has a chronic capacity problem, and the increased use of supervised pretrial release for nonviolent defendants, those not considered dangerous, and those not at risk of escape is , can alleviate overcrowding,” the report states.

In the report, NCSC consultants said they learned that the Cochise County Superior Court has an “underutilized pretrial release program.” The capacity is 100 for him, but the program he oversees only 40.

“The program should be maximized to minimize prison population and overcrowding problems,” the report said.

Cochise County volunteered to participate in the NCSC investigation, which took place last summer and concluded about three weeks ago with an exit interview with the former judge who led the investigation, Dickerson said. .

The outbreak of COVID-19 in early 2020 prompted trial delays and felony lawsuits for prosecution by law enforcement, Dickerson said.

As it happened, the state court administration office in Phoenix won a federal grant to help various Arizona superior courts manage the case as the case was backed up.

The NCSC has contracted with the Court’s administrative office to assist higher courts that need help getting case numbers off the ground. The NCSC is looking for volunteers in the county to participate in an investigation to oversee the court, and Cochise County asked for help, Dickerson said.

Dickerson said he and two other criminal judges on the court will meet to discuss the NCSC’s recommendations.

If that happens, legal scholars will also sit with prosecutors and defense attorneys and gather their opinions.

“(NCSC) is just here and I focused on, ‘How old is our case? said Dickerson.

The judge said the new case could be nine months “in the blink of an eye” for continuity.

“It’s really easy to say, ‘OK, see you in four to six weeks,'” he said. “You repeat it and suddenly the case is nine months old.”

He acknowledged that the current system of Cochise County Superior Court is inefficient.

The judge said, “It is not fair for the parties involved in the lawsuit to drag out.” “Maybe we need to get to the point where the case can be resolved without a jury trial sooner.”