APPELLATE COURTS - FACTS AND FIGURES

• NCJ Number: 66862
• Journal: State Court Journal Volume: 4 Issue: 4 Dated: (SPRING 1980) Pages: 9-14 33-37
• Author(s): T B MARVELL; M KUYKENDALL
• Date Published: 1980
• Length: 11 pages
• Corporate Author: National Ctr for State Courts
• Sale Source: National Ctr for State Courts
• Publication Type: Survey
• Language: English
• Country: United States of America
• Note: CONTACT PUBLISHER FOR PRICE OF REPRINTS IN LARRGE QUANTITIES.

Annotation

BASED ON ANNUAL REPORTS AND COURT RECORDS, THIS ARTICLE DOCUMENTS THE CURRENT APPELLATE CASELOADS IN MOST STATES AND THE EXTENT TO WHICH VARIOUS RESPONSES TO CASELOAD GROWTH HAVE BEEN ADOPTED.

Abstract

THE PURPOSE IS TO EXPAND THE BASIS FOR EVALUATION OF THE VARIOUS RESPONSES TO APPELLATE CASELOAD GROWTH AND TO INFORM POLICYMAKERS ABOUT CURRENT PRACTICES. BECAUSE CASELOAD COMPOSITION AND INTERNAL ORGANIZATION DIFFER GREATLY AMONG APPELLATE COURTS, PARTICULARLY AMONG SUPREME COURTS ABOVE INTERMEDIATE COURTS, DATA ARE PRESENTED SEPARATELY IN MOST TABLES FOR THESE THREE TYPES OF COURTS. TABLES SHOW THE MEAN YEARLY RATE OF INCREASE IN THE NUMBER OF APPEALS FILED IN 26 STATES WHERE STATISTICS ARE AVAILABLE, THE LATEST AVAILABLE APPELLATE CASELOAD FIGURES FOR MOST STATES, THE MEAN NUMBER OF MONTHS FROM FILING TO DECISION, AND THE YEAR MOST INTERMEDIATE COURTS WERE INITIATED. INFORMATION IS ALSO GIVEN ON THE NUMBER OF APPELLATE JUDGES IN 1966, 1974, AND 1979; PANELS IN COURTS OF LAST RESORT; THE PROPORTION OF OPINIONS UNPUBLISHED; MEMORANDUM OPINIONS; THE PROPORTION OF CASES DECIDED WITHOUT ORAL ARGUMENT; AND THE USE OF ATTORNEY AIDES. DATA SHOW SOLID TRENDS TOWARD HIGHER CASELOADS THROUGHOUT THE COUNTRY, WITH THE GROWTH RATE AT LEAST 9 PERCENT ANNUALLY IN MOST STATES. VAST DIFFERENCES ARE APPARENT AMONG COURTS, BOTH IN TOTAL CASELOADS AND IN CASELOADS PER JUDGE, WITH CRIMINAL APPELLATE COURTS IN TEXAS AND OKLAHOMA HAVING THE GREATEST CASELOADS OF THE SUPREME COURTS NOT AIDED BY INTERMEDIATE COURTS. TO COMBAT APPELLATE DELAY, WHICH IS EXCESSIVE NATIONWIDE, 31 STATES HAVE CREATED INTERMEDIATE APPELLATE COURTS, 10 SUPREME COURTS HAVE ADDED JUDGES, 12 SUPREME COURTS SIT IN PANELS WHEN DECIDING CASES ON THE MERITS, AND A FEW STATE APPELLATE COURTS ARE DECIDING MANY APPEALS WITHOUT PUBLISHING OPINIONS. OTHER EFFICIENCY MEASURES DISCUSSED ARE THE CURTAILMENT OF ORAL ARGUMENTS AND THE USE OF LAW CLERKS TO AID JUDGES. NOTES ARE PROVIDED. (WJR)