Set the tone. Find a way. Make it a priority.

Those words of advice came from Judge Michael Oster Jr. of the Butler County Common Pleas Court. He was offering suggestions for how to resolve criminal cases in six months.

Under state court rules, criminal cases are to be tried within six months after the arraignment. Delays can occur for various reasons. In the last few years, many cases traveled through courts more slowly due to pandemic-related issues, leading to a rise in 2020 and 2021 of criminal cases unresolved after six months. Ohio judges are working to reverse that trajectory.

Sixty-two common pleas judges gathered for two webinars in February to hear from other judges about ways to keep their criminal dockets moving. The effort helps to ensure that litigants have their day in court with a timely resolution. The judges delved into ideas for minimizing delays within their control.

Judge Oster said he sets an expectation in his courtroom that the six-month deadline must be met. The prosecutor, defense counsel, bailiff, and other staff all understand that the timeline is a priority for the court.

He noted it’s also important that judges pay attention to each criminal case on their docket. At the end of each week, Judge Oster’s assistant reviews the docket for the upcoming week and writes on the file the date that the case will be “over-age” – or beyond the six-month deadline.

Lake County Common Pleas Judge Patrick Condon also fosters a culture to complete criminal cases within the timeline.

He requires that parties arrive in court 15 minutes before plea and sentencing hearings so they can go over paperwork before court begins. This expectation is prominently featured on the court’s scheduling notice, he said.

His scheduler checks with attorneys to set pre-trial dates, which cuts down on the need for continuances. Judge Condon also goes on the record in court to note plea offers and trial dates, so there is no confusion.

He stressed the necessity to adapt as needed. 

“You have to do whatever you need to for the case in front of you to ensure a fair process and outcome,” Judge Condon said. “While it’s not ideal, it is OK to carry cases over the time limit if justice demands it.”

Disposing of criminal cases through plea deals also can clear a docket, but there are pivotal considerations. As judges are well aware, plea offers must be balanced with a defendant’s constitutional right to a trial.

Don Scheetz, an attorney in the Office of Disciplinary Counsel, noted that a judge must communicate to defendants that they are presumed innocent, and the judge’s actions must instill confidence in that principle. Judges also must ensure that a defendant’s decision to enter a plea is made knowingly and voluntarily.

One helpful tool for increasing efficiency is technology. Judge Jeannine Pratt of the Miami County Common Pleas Court relies on videoconferencing. The technology allows her to hold arraignments and bond hearings quickly, getting cases started, Judge Pratt said.

Every day, though, the processing of criminal cases is slowed by the real-world difficulties courts face. A judge said that technology has made evidence far more complex. There are analyses that need to be done for DNA, ballistics, cellphones, and drugs. Or sorting through hours of police body camera footage.

Another obstacle is the time it takes to get important documents – such as discovery, child services paperwork, medical evaluations, and presentence investigation reports. Waiting for this information can place hurdles in the path to the timely resolution of cases.

“Don’t get frustrated, because these cases are often the most serious ones,” said Judge Victor Haddad of Clermont County Common Pleas Court.

Each month judges report their criminal case statistics to the Supreme Court. Certain situations permit the six-month timeline in a criminal case to be put on hold, or “tolled.” When a party is unavailable for a trial or sentencing, for example, the case can be placed on an inactive status in the reports. Judges can note the issue on their reporting forms and later reactivate the case.

However, this allowance for reporting purposes doesn’t eliminate any deadlines mandated by statute or the state or federal constitutions.

A judge suggested that distinguishing among the types of criminal cases in the reports would provide more nuance for why a case is over-age. There are lower-level felonies, and there are capital and aggravated murder charges – the time it takes to complete cases at either end of the spectrum varies substantially because of their complexity.

Franklin County Common Pleas Judge Kimberly Cocroft said the depth of the challenge reminds her of an old adage asking how to eat an elephant.

“One bite at a time,” she said. “The solutions will not be an overnight event.”

Key questions for judges to consider are whether they are timely with their criminal docket using an approach that enhances justice and whether they are actively working to control delay. Judges are encouraged to call their colleagues to share strategies or to visit each other’s courts to see effective practices in action.

“You can do this, with the right priorities in place,” Judge Oster said. “If you set the expectation, educate others, and commit to follow those guidelines, things will start to change.”