Bringing Water to the Desert, Part Three
By Judge Debra Sasser
In Part One, “Bringing Water to the Desert (on a Horse With No Name),” Judge Vince Rozier (Resident Superior Court Judge in the Tenth Judicial District) and Judge Beth Tanner (District Court Judge in the Twenty-Ninth Judicial District) began a conversation on how attorney shortages in legal deserts negatively impact the ability of the State to provide court-appointed attorneys.
In Part Two, Judge Tanner and Judge Rozier addressed concerns on recruiting and retaining attorneys on the court-appointed list, briefly touching on how simple tweaks to case management procedures can address some of the issues preventing attorneys from accepting court-appointed cases.
In Part Three’s video, Judge Rozier and Judge Tanner discuss real-life observations on case management protocols that reduce some of the barriers facing attorneys who take on court-appointed work. These suggestions recognize the importance of reducing the amount of nonproductive, in-court hours for attorneys. The judges also explain how minor changes — such as remote calendar call, remote status conferences, and the use of some out-of-court case management procedures in criminal cases — can be instrumental in achieving the goal of justice for all.
Post-Video Ponderings on Case Management
A quick search in NCCourts.gov resulted in hundreds of Case Management Plans and Local Rules/Forms, which are important tools in pursuing the goal of efficient case management. It would be challenging — if not impossible — to develop a uniform case management plan in North Carolina because each judicial district (or county) has differing resources and distinctive needs. Despite these differences, the plans and rules in each judicial district and/or county serve a uniform goal: “to provide for the orderly, prompt, and just disposition of cases.”
I can think of few things more significant in the “orderly, prompt and just disposition” of an indigent defendant’s criminal case than the presence of defense counsel. Judicial Districts where there is a shortage of attorneys on the court-appointed list may need to tweak their case management plans in order to attract more attorneys to take on court-appointed work. Judges presiding in these districts may need to accept changes (to case management protocols) that support attorneys agreeing to take on court-appointed work.
Judge Debra S. Sasser served as a District Court Judge in Wake County from 2004 until her retirement from the bench on January 1, 2025. An expanded legal bio is available in the blog post accompanying Part One of this series.
