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IR View: Speeding up high court rulings

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Montana Supreme Court opinions are almost always thoughtful, lucid and thorough.

It is perfectly understandable that they should take some time to write.

But years?

According to an IR State Bureau story Monday, nearly 70 of the 360 cases currently before the court have been awaiting a decision for more than a year, and some for well over two years. Of course, justices aren't literally spending years polishing their opinions, but there's little doubt that parties to lawsuits are too often being hurt by long waits for justice.

The problem isn't so much the seven Supreme Court justices' work habits, but the ever-growing workload they face, which has risen by one hundred or more above the yearly total seen a decade ago. Unlike the U.S. Supreme Court, the Montana court must accept every appeal it receives, so it is hardly surprising that the job keeps getting bigger. As the state continues to grow, long delays can only be expected to increase in number.

We like the fact that Montanans' right to appeal from a district court ruling is not limited. It gives people a more complete feeling of justice, and it keeps district judges on their toes. But the logjam now being seen is evidence that something needs to be fixed.

Perhaps it is time to add an intermediate level of appeals.

Montana is one of just 11 states without an appellate court between the district court level and the highest court. Such a court could specialize in certain types of cases, or it could be given the more routine cases, such as many divorce actions and other relatively "simple" or clear-cut disputes.

Just how this kind sorting of cases should be done would have to be worked out, and second appeals from an intermediate court would have to limited, or the new court's whole purpose would be subverted. Thirty-nine states already have figured out how to operate this kind of appeals system.

Maybe Montana should join them. Adding an intermediate court would come with a cost, but so does justice delayed.

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