The problem with the docket delays in California’s Third District Court of Appeal is already well-documented, and it is a serious one: due process requires cases to be resolved without causing prejudicial effects from unjustified delay. But this is only the latest or just one example of a larger problem California’s judiciary has struggled with from the state’s inception: inadequate resources. And the blame game over accountability for the Third District’s shortcomings risks shifting the focus away from this critical resource issue, and makes it less likely that much-needed resources will be forthcoming.

The solution to the docket delay problem is, as the chief justice said recently at the SCOCA Conference 2022, to look at what the appellate courts are doing, figure out if there’s a problem, and address it going forward. That’s a process solution for a process problem, and it’s the right approach given the Court of Appeal’s case-deciding procedure.

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