Access to Justice Now Includes How Long You Can Wait
Access to justice now includes the ability to endure legal system delays.
Why it matters: Delays challenge courts, law firms, and policymakers to rethink resource allocation and technology to improve timing in justice delivery. Recognizing waiting as part of access to justice highlights the urgency of addressing systemic backlogs.
- 79% of judges report delays affect the hearing process, with 10 hearings delayed per week on average.
- 68% of court professionals cite workforce shortages; 58% report stagnant or reduced court staffing budgets.
- Judicial vacancies correlate with increased case backlogs; a 12-month vacancy raises long-pending cases by 2 percentage points.
- Budget delays cause courthouse closures and reduced hours, limiting timely access to justice.
The traditional view of access to justice focuses on whether people can engage with the legal system or secure remedies. However, recent analysis argues that "access to justice" must also consider the realistic ability to wait for justice amid frequent court delays.
Nearly 79% of judges at state and municipal levels report that delays affect their hearings, averaging about 10 delayed hearings per week — roughly 20% of their total caseloads, according to Thomson Reuters data.
Such delays arise from workforce shortages; 68% of courts experienced staffing gaps over the last year, compounded by stagnant or cut budgets in 58% of those courts, which restrict hiring and resources. Research from the Brennan Center shows a single 12-month judicial vacancy leads to a 2 percentage point rise in cases pending for three years or more.
Courts also face operational hurdles from budget delays that result in courthouse closures and reduced hours, further limiting public access to timely legal remedies, as detailed by Advopulse.
Kriti Sharma of Thomson Reuters points out the need for a digital revolution in courts to keep pace with societal transformation, highlighting how technology could help alleviate delays and improve justice delivery.
Ultimately, this new framing asks legal professionals and policymakers to balance not only the legal outcome but also the wait times — recognizing that a fair justice system must enable people to realistically endure delays without losing equitable access.
By the numbers:
- 79% — Judges reporting hearing delays
- 10 — Average weekly delayed hearings per judge
- 68% — Courts facing workforce shortages in the past year
- 2% — Increase in cases pending 3+ years due to 12-month judicial vacancy
Yes, but: While addressing delays is crucial, comprehensive data on delay impact across demographic groups remains limited, signaling a need for more targeted research.
What's next: Courts and technology providers are expected to explore digital transformation strategies to reduce delays and improve justice access in coming years.