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How does a judiciary assess how many judges it needs? First, it has a planning and forecasting system geared to the financial cycle; in Hong Kong the system must always be locking forward to the next financial year and the next five years. Secondly, it collects sufficient statistical data to enable it to monitor performance, forecast the trends in volume and performance and forecast the effects of new or proposed legislation. Thirdly, it makes certain assumptions such as certain averages for the lengths of court, chambers and tribunal days. Fourthly, it assumes an average for numbers of cases disposed of per court day. Fifthly, it assumes an average for the number of days for the judge-year. Sixthly, it takes account of the depletion of judgepower caused by extra-judicial public duties. By applying these methods specifically to each distinct court or tribunal the requisite numbers of judicial officers can be forecast for the next financial year and each of the next five years and a proper policy for the use of deputy and part-time judges can be developed.
The Length of the Court Day
13.
The search for an average judge-day raises the question what length of time should be aimed at. The following passage in my Discussion Papers was not seriously challenged :-
"
The theme of this paper is the search for a well used five-hour bench day. I know high performances are already being
time-related
That could
I also know that the
achieved in some courts. five-hour goal is not attainable es an overall average.
only be achieved by over-listing and a consequential waste of the
waste community's resources outside the court-room. I also know that judges need desk-time as distinct from bench-time. Nevertheless, I suggest that the aim and object of the work assignment systems must be a five-hour day. There are those who might argue that five hours is not long enough but I think the international consensus now is that it is about as long as most people can usefully work in a busy courtroom and as I have implied there is work to be done each day outside the courtroom. Most people can be assumed to work on average at least eight hours but five in court are enough."
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