NCJ Number
62208
Date Published
1979
Length
125 pages
Annotation
THE VOLUME OF APPELLATE WORK IN STATE COURTS IS EXAMINED IN COMPARISON WITH THAT OF PREVIOUS ERAS, AND KNOWLEDGE ABOUT APPELLATE COURT DELAY IS REVIEWED, FOLLOWED BY AN EXAMINATION OF EFFORTS TO DEAL WITH THESE ISSUES.
Abstract
HIGH VOLUME AND DELAY IN THE PROCESSING OF APPEALS ARE NOT UNIQUE TO THE 1970'S; THE CASELOADS OF A NUMBER OF STATE SUPREME COURTS WERE QUITE HIGH AT THE BEGINNING OF THE 20TH CENTURY. TODAY, THEIR CASELOADS, COMPARED WITH THOSE OF THE EARLIER PERIOD, HAVE DECLINED. THIS DECREASE HAS BEEN MORE THAN OFFSET IN MOST STATES, HOWEVER, BY THE GROWING CASELOADS OF THE INTERMEDIATE APPELLATE COURTS. A STUDY OF COURT DELAY IN 24 COURTS OF LAST RESORT AND 13 INTERMEDIATE COURTS IN 29 STATES, INCLUDING THE DISTRICT OF COLUMBIA, SHOWS THAT IN 14 STATES, MORE THAN A YEAR IS CONSUMED IN DISPOSING OF THE AVERAGE CASE. ONLY FOUR COURTS MEET THE AMERICAN BAR ASSOCIATION'S STANDARDS' GOAL THAT DECISIONS OCCUR 5 OR 6 MONTHS FROM THE NOTICE OF APPEAL. THE VAST MAJORITY TAKE AT LEAST HALF AGAIN AS LONG. WAYS OF ATTACKING THE PROBLEMS OF CASE VOLUME AND DELAY HAVE INCLUDED ADDING TO THE NUMBER OF COURT PERSONNEL, INCREASING THE NUMBER OF INTERMEDIATE APPELLATE COURTS, PROVIDING FOR DISCRETIONARY JURISDICTION, AND UNITARY REVIEW OF AND DISINCENTIVES TO APPEAL IN CRIMINAL CASES. PROCEDURAL ADJUSTMENTS HAVE DEALT WITH ISSUES IN CASEFLOW MANAGEMENT, PREHEARING SETTLEMENT CONFERENCES, TRANSCRIPTS AND BRIEFS, CASE SCREENING, ORAL ARGUMENT, AND WRITTEN AND UNPUBLISHED OPINIONS. ADMINISTRATIVE ADJUSTMENTS HAVE DEALT WITH DELEGATION OF DECISIONS TO PANELS AND DIVISIONS AND CALENDARING AND CASE ASSIGNMENT. MANY JUDGES ARE APPARENTLY UNFAMILIAR WITH OR TENTATIVE ABOUT SOME OF THE REFORMS, PARTICULARLY THOSE DIRECTED TOWARD ASSISTING APPELLATE COURTS MAKE MORE EFFECTIVE USE OF AVAILABLE TIME. TABULAR DATA AND REFERENCES ARE PROVIDED. (RCB)