THE TAO OF DOCKET MANAGEMENT
It is the judge’s responsibility to establish practices that allow lawyers and litigants to know what to expect and what is expected of them.  When it comes to scheduling, they have to know how the docket works and trust that it does work. In Division 8, the docket works by scheduling trials in a manner that allows those cases that are otherwise ready for trial to be tried: (1) as soon as practicable; and (2) as scheduled. 

CIVIL DOCKET 
The Court gives great deference to counsel as to how many and what type of pretrial dates would be most helpful in each case.  We also try very hard to accommodate everyone’s busy schedules and, to that end, are more than willing to hold hearings “early” (i.e., before 8:30 a.m.) or “late” (i.e., after 5:00 p.m.).
 
While the Court appreciates that there are strategic and practical benefits to having a “trial” date on the calendar, the Court gives preference on the trial docket to cases in which the parties have exhausted the realistic possibility of a negotiated settlement (i.e., have made good faith efforts to negotiate a settlement and, if unsuccessful, attended mediation). Please note that a trial date in Division 8 is the trial date and may only be continued by written order of the Court upon a showing of good cause that is tantamount to manifest necessity.
 
CRIMINAL DOCKET
In all criminal prosecutions the accused has the right to be heard by himself and counsel, to demand the nature and cause of the accusation against him; to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in his favor.  He cannot be compelled to give evidence against himself, nor can he be deprived or life, liberty, or property, unless by the judgment of his peers or the law of the land; and in prosecutions by indictment or information, he shall have a speedy public trial by an impartial jury of the vicinage.   - Kentucky Constitution, Section 11

The intent of the KYC-11 Case Management initiative is to give meaning and effect to Section 11 of the Kentucky Constitution by maintaining the criminal docket in a way that promotes the efficient disposition of charged offenses while maintaining appropriate respect and due deference to the due process rights of the people charged with those offenses.  The primary means to that end are:

1. realistically assessing the amount of time it should take to resolve a particular case;
2. assigning that case to the corresponding scheduling “Track”;
3. consistently enforcing the pretrial obligations and compliance dates (i.e., discovery, motion practice, and plea negotiations) attendant to each “Track”;
4. scheduling trial dates promptly once the parties have exhausted the realistic possibility of settlement;
5. not permitting the the trial to be continued or delayed without good cause tantamount to manifest necessity.

Because the vast majority of criminal cases can be, probably should be, and ultimately are settled through a negotiated plea agreement, the court’s docket should be managed in a way that facilitates the parties’ good faith efforts to identify and resolve those relatively many cases as soon as practicable and, in so doing, ensure that they have adequate time to prepare those relatively few cases that can be, probably should be, and ultimately are resolved by trial.

Click here to request a copy of the complete KYC-11 Case Management plan. 

A terrifically well-run docket is a rare and beautiful thing.

– Judge McKay Chauvin