NCJ Number
116282
Journal
Judicature Volume: 72 Issue: 5 Dated: (February-March 1989) Pages: 282-291
Date Published
1989
Length
10 pages
Annotation
This study examined the responses of intermediate appellate courts (IAC's) to caseload growth between 1968 and 1984 in 45 States.
Abstract
During this period growth averaged 123 percent for filings and 115 percent for decisions in the 40 States for which both data were available. Further decision growth nearly equaled filing growth in all but a few States. State IAC's responded to these caseload increases by making numerous and varied changes in their personnel, structure, and procedures. The most widespread existing IAC's, and deciding cases without a published opinion. Other common changes were limiting oral arguments, writing memo opinions, and deciding cases without any opinion. Less frequently adopted measures included temporarily assigning retired and trial judges, reducing panel size, and using summary judgment procedures. Some of the changes, especially panels in supreme courts, were often tried and then abandoned; but most changes appear to be permanent, and there is no sign that IAC's will return to the traditional full-scale review typical before 1970. While these courts have adopted widely varying adaptive mechanisms, none have adopted all. This variation suggests that there are numerous acceptable ways to curtail traditional appellate procedures, but none that has gained uniform acceptance. However, whatever mechanisms have been adopted, IAC's are managing to keep abreast of the caseload explosion. 9 tables and 44 notes.