NCJ Number
146910
Date Published
1993
Length
184 pages
Annotation
This report reviews the nature and severity of problems in the Federal Court of Appeals, describes a range of structural changes and other alternatives to address these problems, and assesses the extent to which the proposals would address the problems and how they would further or hinder the mission of the courts of appeals.
Abstract
Numerous sources and the Federal Courts Study Committee authorized by Congress and appointed by the Chief Justice indicate that the high caseload volume is the source of three major problems: a threat to just outcomes posed by the amount of work each judge must do to keep up with the caseload, a diminished quality of the appellate process, and inconsistent interpretations of Federal law both within and among circuits. Structural changes proposed to reorganize appellate capacity include total consolidation of circuits, partial consolidation of circuits, reducing the size of the circuits, and multi-tiered courts of appeals. Alternatives to full structural reorganization include expanded the concept of leave to appear, differentiated appeal management, and district court review for errors. Both jurisdictional and nonjurisdictional options also exist for reducing the volume of litigation in the district courts. Analysis of the problems and proposals indicates that the main issue is the continuing expansion of Federal jurisdiction without a concomitant increase in resources. Structural change to the appellate system would not significantly relieve this problem. Footnotes and appended figures and tables