Justice shouldn’t be delayed or denied

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Nearly 750 years ago it was written in the Magna Carta, “To no one will we sell, to no one will we refuse or delay the right to justice.”

Centuries later, William Penn wrote, “to delay justice is injustice.” And most famously William E. Gladstone, the former British prime minister and statesman said, “Justice delayed is justice denied.” This legal maxim means that if legal proceedings take too long, the result is, in essence, the same as if there was no justice at all. Or to put it another way, if a just determination comes too late from the courts it may be worthless. Perhaps the Magna Carta was a reflection of the Bible which addressed the important concept of delayed justice, reading, “Don’t delay justice; don’t show favoritism.” Without timely resolutions of legal proceedings, the courts lose their integrity and appearance of impartiality. This applies to criminal and civil matters.

The expression “justice delayed is justice denied” means that the longer it takes to resolve a legal matter, the less effective and meaningful the justice provided becomes. Excessive delays in legal proceedings will nullify the benefits of an otherwise just outcome or can render the outcome in essence, a denial of justice altogether. We have pretty much all experienced some form of justice delayed over the years. Delay is much more than merely frustrating.

The delay of justice in a civil proceeding imposes both emotional and financial hardships on the parties, both plaintiff and defendant, and delay can serve to destroy the public trust in the judicial system and the reputation of those within the system who are viewed as being primarily responsible for the delay. A delay results in evidence and witnesses disappearing over time. Memories begin to fade, and in commercial cases, delay can cause severe financial loss and result in the destruction of a business. It can allow a bad actor to go away unscathed. Delay is unfair to at least one of the parties, sometimes both.

When unreasonable and excessive delays prevent adjudication of legal issues, the result will be litigants rightfully believing that the legal system is neither just nor fair. In these times when the courts are under assault from so many quarters, it is essential for local courts to maintain the appearance that they are fair and just; that they have integrity.

Causes of delays can include overburdened courts, a lack of adequate infrastructure, procedural complexities, inefficient case management, and more simply, procrastination on the part of those in control of adjudication. “Justice delayed is justice denied” is real. When justice is delayed, when the courts can’t or don’t process case matters, when matters sit in chambers without resolution for unreasonable periods of time, people get damaged, and the integrity of the system is adversely affected.

We call on judges and judicial administrators to move cases and matters through their hands at a reasonable pace in order to prevent harm to litigants and to maintain and present the impression that the courts are institutions of integrity. Justice should never be delayed.

EDITORIAL ADVISORY BOARD MEMBERS

James B. Astrachan, Chair

James K. Archibald

Gary E. Bair

Arthur F. Fergenson

Nancy Forster

Susan Francis

Julie C. Janofsky

Ericka N. King

George Liebmann

George Nilson

Catherine Curran O’Malley

Angela W. Russell

Debra G. Schubert

Jeff Sovern

H. Mark Stichel

The Daily Record Editorial Advisory Board is composed of members of the legal profession who serve voluntarily and are independent of The Daily Record. Through their ongoing exchange of views, members of the board attempt to develop consensus on issues of importance to the bench, bar and public. When their minds meet, unsigned opinions will result. When they differ, or if a conflict exists, majority views and the names of members who do not participate will appear. Members of the community are invited to contribute letters to the editor and/or columns about opinions expressed by the Editorial Advisory Board.