Posted on Thu, Aug. 14, 2003


Some lawyers don't like latest tool for cutting court backlog


Associated Press

A new tool used by a judge to reduce the backlog of cases in Spartanburg County isn't getting unanimous support from defense attorneys.

Circuit Judge Larry Patterson had begun holding conferences between prosecutors, defendants and defense attorneys in his courtroom Friday afternoons before court goes in session the next Monday.

During those meetings, Patterson takes a list of defendants provided by prosecutors and asks defense lawyers whether their clients intend to plead guilty or go to trial in the following week's court session.

Prosecutors can then use that information to draw up separate trial and plea dockets and prioritize the order in which cases are called.

Prosecutor Trey Gowdy suggested the idea to Patterson and said it has improved court efficiency.

But defense lawyers say the conferences involve too many defendants and that decisions made in the meetings can pull them away from lower court hearing planned weeks in advance.

Court records show prosecutors have disposed of an average of 165 cases per week in certain terms of court since the status conferences began on July 11. Before that, the same terms saw an average of 104 cases handled.

"I've been a judge for 23 years, and I believe the courts here in Spartanburg County are beginning to work more efficiently than in any other place I've (presided over court)," Patterson said. "This system appears to work."

But defense attorney Barry Bland said his clients in lower courts often suffer unjustly because of the conferences.

If a case Bland is involved with ends up being scheduled, he is required to drop any proceedings in lower courts, like Magistrate Court or Family Court.

Bland would prefer the conferences be held about three weeks before a court session instead of a few days before.

Public Defender Mike Bartosh wished Gowdy and Patterson would call fewer cases during the conferences. At one recent meeting, prosecutors sent letters summoning 650 defendants, he said.

"Prosecutors are calling too many (defendants) to them," Bartosh said. "We have to talk to our clients beforehand to figure out what they want to do, and that would be a lot easier if it weren't 200 people."

Gowdy said he is open to suggestions for improving the system.

Information from: Herald-Journal





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