The Growth of Appeals

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U.S. Department of Justice Bureau of Justice Statistics

I 1973-83 Trends The Growth of Appeals

America's State appellate courts had a faster growing workload than most other components of the Nation's crim February 1985 inal justice system throughout the past decade. The number of State court ap Criminal justice statistics have been used extensively in the past These numbers do not show why peals more than doubled during 1973-83 appellate court caseloads have in in the 43 jurisdictions able to measure to document changes in the work loads of the various components of creased. Additional research is the growth. This growth overshadows needed to determine what factors the growth in trial court caseloads, in the criminal justice system, both at the national level and in in our society or in our justice the number of judges, in the crime rate, system drive such growth. Such in the arrest rate, and in almost all individual States and local juris dictIons. Media acco'mts of these research should focus on the other factors usually associated with impact of establishing an inter appellate caseload. statistics have informed the public of increases in the crime rate, mediate appellate court, changes in the economy, growth in Rising numbers of arrests during the numbers of arrests, numbers of jailed inmates and prisoner popu appealable outcomes from trial 1960's and 1970's have resulted in more courts, prisoner populations, criminal trials and clogged criminal lations. Similar data describing the workloads of the courts have reported crime rates, trial court trial calendars as courts struggled with judgeships, and court structure and riSing caseloads and growing backlogs. been much more difficult to obtain proced\.\re. As the number of civil suits has in for a variety of reasons. This report is the first containing We wish to express our apprecia creased, media accounts have debated tion to the National Center for whether ours has become a more liti appellate case trend data for a large number of States for an State Courts and The Appellate gious society, in which we are more Justice Center for their efforts in inclined to seek jUdicial resolution of extended period of time. These numbers are important assembling this data base and to disputes by bringing civil suit against the many individuals in State court one another than to seek less formal because they show that appellate court caseloads have grown at a administrators' offices and State ways of dispute resolution. appellate courts for providing greater rate than other com these data. ponents of the justice system The rapid increase in court case Steven R. SchleSinger loads has raised serious questions as to during most of the past decade. Director whether public safety is jeopardized when the outcome of criminal cases can be delayed for many months and wheth Appellate caseload trends er justice is being served when it can rapidly in the mid-1960's, and growth take years to resolve a civil court case. Historical data depicting overall has continued to the present, The national trends in State appellate court availability and quality of appellate ~ .• Although delays do occur at the court caseload statistics improved \ trial court level where the criminal or c&seloads are not available. However, sufficiently by the 1970's to permit studies of long-term tr~nds in various civil case begins, further delays are States show a steady increase until the' detailed analysis of caseload trends introduced when appeals are made to a early 1930's fOllowed by a rapid drop over the past decade for most States. higher State court. This bulletin exam during the Depression and World Will' Statistics on total State court appeals .. ines the dramatic increases in appellate n. for 1973-83 were obtained from 43 By the late 1940's appellate caseloads court caseloads from 1973 to 1983 and were/ess than half their previous jurisdictions (42 States and the District some of the circumstances surrounding high. After several years of gradu&l of Columbia), 38 of which could also those increases. show crimi~al appeals and civil appeals growth, caseloads began to increase separately. M A ;, +

Cumulative growth in appeals filed, 1973.83 Table 1. Percent change in appe.'lls filed, crea. ·,.n criminal appellate filings. all of the States, every State except tions grew from 85 in 1973 to 133 in by State, 1973-83 For t ._ nple, civil case growth in Utah Florida experienced a decline in the 1983. Each jurisdiction experienced an was nearly double criminal case growth. Cumulative Cumllilltive total number of filings in at least 1 increase in appellate filings per judge percent change Cumulative Total Criminal Civil pt,rctl.,! change percent change State appeals appeals Rhode Island, even with a substantial year. ship ranging from less than 1 case per appeals reduction in civil appellate jurisdiction, b judge in Delaware, where the supreme 107% 114% Alaska 305S,b 914 91 experienced a civil filing growth three Factors associated with court was expanded from 3 to 5 judges, 100 Connecticut 265C,d 454c 227C,d 100 b b times the growth in criminal filings. caseload growth Oregon 212 253 181 Many other States showed similar dis Hawaii 201a 483 103 Montana 75 75 187 217 180 parate growth rates between civil and The 112% increase in appeals be Florida 186 criminal filings during the period. - c - tween 1973 and 1983 was much greater Kent ICky 186s,c 200 180c than the increase in most factors to Cumulative growth in appeals filed MinnCJota 172a,b 219b b compared to other factors, 1973-83 50 50 b 160 In each State, the year-te-year Michigan 167 157 180b which it might be related. It is more Maine 161C,d caseload growth demonstrated greater Cumulative 39 343C,d than 10 times the population growth percent change 43 States unevenness than occurred at the and it is 7 times the growth in personal 25 25 Nevada 159 203 131 125 South Dakota 156 - - national level. The States with the income adjusted for inflation. Appeals Alabama 156 137 182 greatest variations tended to be those grew more than three times faster than 112% o o :vrassachu.~etts 154a 191 1973- 1977- 1980- 1973- 1077· 138 where caseloads were relatively small, appellate judgeships and more than four 74 78 81 1980- 1982- 1973- 1977· 1980- 1982- Arizona 145 273 70 100 74 78 81 83 74 78 81 83 c such as Alaska, Hawaii, Maine, Missis New Hampshire 144 178c 133c times faster than trial court judgeships Figure 1 Texas 140c 147c 132 sippi, Montana, New Mexico, and Ver (figure 3). Louisiana 139 454 94 mont. In these States, an unusually 75 'The total number of appeals in the 296,QOO criminal appeals. Criminal Vermont 137 170 126 illinois c c c high number of cases filed in a single Because appellate court judgeships 43 jurisdictions grew by 112% over the cases accounted for 43 to 46% of total 129 80 184 year will produce a large percentage decade (figure 1). This is somewhat Utah 116 69 130 have grown at a slower rate than case appellate volume. Criminal appeals had Rhode Island 110 d 41 135 d change. Despite the large increases filings, the number of appeals filed per greater than the 90% increase for the composed only 10 to 15% of total ap 50 Colorado lOS 8S 11S experienced over the 10-year period by appellate judgeship in the 43 jurisdic- U.S. C'3urts of Appeal in the same a peals until the 1960's, when a rapid Kansas 108 ,b 214b Sl b 36% period. Wyoming increase in criminal filings occurred, 103 196 74 25 probably because of the 1963 U.S. Missouri 97d SO 105 24% In the 38 States in which civil and Suprem e Court ruling in Douglas v. Washington 96 14Sd 74 d The appeal process three-judga panels. The whole criminal appellate filings are available Ohio 95 - - California that provided indigent de Pennsylvania 94 - - decision process takes roughly a o separately, criminal filings gIew by fendants with counsel on appeal, as well California 89 66 120 An appeal occurs when the defend year, although it ranges from 6 1973- 1977- 1980- 1982- 107%; civil filings, by 114%. Although as other Court decisions establishing New York S'/ - - ant in a criminal case (or either months in some courts to several 74 78 81 83 New Mexico both civil and criminal filings grew "new rights" tha~ could then be the 86 50 111 party in a civil case) requests that years in courts with large dramatically over the 10-year period, basis of appeals. Oklahoma 85 16 122 a court with appellate jurisdiction backlogs. CumUlative Idaho 72a 125 53 percent change 29 States year-te-year changes in criminal filings a rule on a decision that has been In making its final disposition of were somewhat more uneven than those Iowa 68 35 91 made by a trial court or adminis The high rate of growth for both Nebraska 68 23 109 the case, an appellate court may 125 131% for civil filings (figure 2). For example, civil and criminal filings in 1975 (the Delaware 67 81 59 trative agency. • "affirm," or uphold, the lower annual growth in criminal appeals ex only year in which both case types New Jersey 62 72 55 Appellate courts receive two court ruling, Tennessee 62 48 74 basic categories of cases, appeals ceeded 20% in 1975, but the number of simultaneously exceeded their annual • "modify" the lower court ruling 102% criminal appeals filed actually dropped Dist. of Columbia 57 40 80 and writs. Appeals, by far the 100 average growth rate for the period) Virginia GOd 39 99 by changing it in part, but not between 1977 and 1978. On the civil combined to make 1975 the year with Maryland 53 52 d 55 most time-consuming and iTJ.lpor totally reversing it, side, the highest annual rate of growth the highest annual percent increase in Mississippi 38 5\ 31 tant, occur when a litigant's case • "reverse," or set aside, the lower was also during 1975, when filings receives a full-scale review after 75 total filings. Note: Comparable data were not available for court ruling and not require any increased 14.7%, but the lowest growth Arkansas, Georgia, Indiana, North Carolina, losing at the trial level (or, in further court action, several States, after losing in cer period was during 1982, when filings Appellate caseload growth has North Dakota, South Carolina, West Virginia, • "reverse and remand" the case 50 52% increased 2.6%. slowed from the sharp increases of the and Wisconsin. tain administrative proceedings). by overturning the lower court - Sub detail data were not available. The appeal begins when the par mid 1970's, but it now appears to ce a An intermediate appellate court began ruling but requiring further Over the decade, in the States for increasing somewhat more rapidly than operation during the period. (See ty losing the case in the trial proceedings at the lower court 25 which statistics are available, 379,000 it did in the late 1970's. Methodology section.) court, the "appellant," files a that may range from conducting a civil appeals were filed compared with b Appellate jurisdiction was inareased substan- notice of appeal, usually a month new trial to entering a proper tially, sometimes in conjunction with the or two after the trial court de o State trend variability establishment of a new intermediate appel- judgment, late court. cision. Then within a few months • "remand" all or part of the case 1973- 1977- 1980· 1982- Civil and criminal appeals filed, 74 78 81 83 1973-83 (38 States) AHhough all 43 jurisdictions expe c Docketing systems changed, artifically the appellant files the trial court by sending it back to the lower rienced substantial growth, appellate increasing the num ber of filings. record in the appellate court. The court without overturning the d Appellate jurisdiction was reduced record, often bulky, consists of the Number of filings growth rates differed significantly from substantielly. lower court's ruling but with CumUlative State to State. Overall, growth in papers filed in the trial court instructions for further percent change 33 States total appeals filed from 1973 to 1983 along with a transcript of the trial proceedings that may range from 125 (See the Methodology section for a testimony. Next the appellant and ranged from 38% in Mississippi and 53% discussion of these changes.) conducting a new trial to entering 112% in Maryland to 305% in Alaska. Appel the opposing party, the "appellee," a proper jUdgment. late case filings also grew exception file briefs that argue for their Thus, the termination of an 100 Aggregated nationwide, criminal respective positions. The briefs ally fast in Connecticut, Oregon, and and civil appeals grew at almost the appellate court case mayor may Hawaii, where total appellate caseload are usually followed by short oral not be the end of the case from same rate during the decade. In indi presentations to the judge. Final the perspective of the parties 75 growth exceeded 200% over the decade vidual States, however, one type often (table 1). ly, the judges decide the case and involved in the case. They may be t \ grew much faster than the other. For issu.e a wri tten opinion. An in required to go back to the lower example, in Hawaii criminal appeals 50 Several States with exceptionally creasing number of courts, but court for further proceedings. If 43% increased by nearly five times, while still a minority, decide some ap Federal law is involved, a party large increases in appellate case filings civil appeals doubled. Criminal appeals expanded appellate jurisdiction during peals without written opinions. can petition for review in the U.S. grew nearly four times as fast as civil 25 the period, accounting for part of the State supreme court decisions Supreme Court. In criminal cases, appeals in Arizona and nearly five are usually issued by the full defendants can file further increase in filings. In addition, six times as fast in Louisiana. States changed their system of dock court; intermediate court deci petitions in a Federal court or a sions are generally issued by o eting cases during the period, artifi State court. 1973- 1977- 1980- 1982- In 17 of the 38 States, increases in 74 78 cially increasing the number of filings. civil appellate filings exceeded in- 81 83 Figure 3 ,,':t: ," • '.' ~llsiD··... l." .> ", ~', '-..' .' r'~" .," .~, \.a ~'" '" :

to 1\9 cases per judge in Oregon (table creased by less thafll0% over the Table 3. Appellate decisions per judgeship, differences in the amount of effort original matters, such as bar discipline, 2). In terms of percent increase, decade. In all oth"r States the increase by state, 1983 expended by the judges. Judges have Appellate court functions jUdicial discipline, and advisory opin Nevada had the highest, 157%, followed was 29% or more. great discretion concerning how much ions, are also excluded. Appeals from Number Decisions closely by Alabanja, Alaska, and South attention to give each case. Most high The two basic functions of appel trial court decisions on postconviction pakota eUch with 156%, 155%, and Criminal appeals grew more than of Per judge- judge- output courts have curtailed traditional late courts are to determine the writs, however, are counted as criminal 152% respectively. twice as fast as the FBI Crime Index State ships Number !lhip features of appellate decision proce correctness of the trial court appeals, except in those cases where statistics and twice as fast as trial dure, and, for example, decide many decisions and to develop the law of the appellate courts process them in a Increases in the number of appellate court criminal filings in the 29 juri~ States with solitary supreme courts 8 cases without hearing oral arguments the State. The second function summary fashion. Some of the statis judgeships almost kept pace with rising Virginia 7 1,580 226 dictions with trial court ·statistics. West Virginia8 ,5 625 125 and writing full opinions. States with arises in relatively few cases, tics collected depart from these rules filings in Delaware, Iowa and Idaho, Only prison commitments, which grew Dist. of Columbia 9 875 97 few cases decided per judge tend to be since most appeals do not present for defining an appeal, but the depar where the filings per judgeship in- 131 % during the decade in the 29 Utah 5 437 87 smaller States with solitary supl'eme tures affect only a small portion of the States outpaced the growth in criminal New Hampshires 5 404 81 new legal issues. Intermediate Nebraska 7 502 72 courts that hear and decide nearly all appellate cOl:lrts are generally caseload in anyone court, and caseload appellate filings. However, the growth Rhode IslandS 5 304 61 their cases using. traditional procedures limited to the determination of definition is consistent from year to Table 2. Numbe!" of appeals med per in prison commitments lagged behind a judgeship, 1983 .gnd 1973, and percent change, Oelaware 5 296 59 such as oral arguments and full written correctness, whereas most su year in each State. by State criminal appellate filings until the large Mississippia 9 502 56 opinions. preme courts, especiaJly those increases in prison population of 1981- South Dakota 5 271 54 over intermediate courts, concen Virginia and West Virginia are Al2l2eals filed l2er jUdgeshil2 83. North Dakota 5 241 48 Summary trate on developing law. exceptions to the rule that writs for Percent Montana 7 320 46 discretionary appeals are not counted State 1983 1973 increase Vermont 5 209 42 State appellate court workload grew Civil trial court filings for 1973-83 Maine as appeals filed; almost all filings are a 7 288 41 faster over the past decade than almost South Carolina 323 - - were obtained from 33 of the 38 juris Nevada 5 193 39 comparable from State to State. It discretionary, but they are counted as Pennsylvania 303 231 31 dictions with civil appellate data. For Wyoming 5 147 29 all other components of the justice excludes writs and petitions, nearly all appeals because they are briefed and Flo~\da b 260 178 46 system. Virginia 243 151 61 these jurisdictions, civil trial court States with intermediate appellate courts of which represent little work for the argued in a manner similar to the , Ncw Yorka 55 10,214 186 New Jersey 224 155 44 filings increased by 43%, considerably a • Appellate case filings grew 112% courts. regular appellate review conducted in Oregon 218 99 120 less than half the growtf of civil Florida 53 9,379 177 New Jersey 28 4,419 158 from 1973 to 1983 in the 43 juris other States. The decision statistics Michigan b 198 98 102 appeals in those States. Direct filings in both supreme and for these two States include denials of New York 193 129 50 Michigan 25 3,925 157 dictions for which data were available. a Georgia 16 2,331 146 intermediate appellate courts are petitions to review rulings of lower Minnesota 188 78 141 a • Criminal and civil appellate filings Georgia 174 - - Appeals might be expected to be Oregon 17 2,443 144 included; but, to avoid double-counting, courts or administrative agencies (but associated primarily with the number of Pennsylvania 31 3,803 123 grew at similar rates in the 38 juris appeals do not include transfers from not denial of original jurisdiction writs) Dist.. of Columbia 171 109 57 Ohio 59 7,362 125 dictions able to supply separate data: Ohio 162 109 49 cases decided by trial courts, for with illinois 48 5,121 107 one appellate court to another. Also, since these denials are comparable to Alabama 161 63 156 criminal filings increased 107% and c few exceptions only these cases can be South Carolinaa,b 499 appeals do not include supreme court appeals as counted in other States with illinois 145 74 96 appealed. Unfortunately, there is no 5 100 civil filings increased 114%. review of cases filed initially in Nevadab 139 54 157 California 81 7,8:13 97 solitary supreme courts. Utah 138 64 116 adequate measure of trial court decis Indiana 17 1,573 93 • Appellate caseload growth has slowed intermediate appellate courts. Most Kentuckyc 131 87 51 ions, only of the number of trials. Alabama 17 1,530 90 from the sharp increases of the mid- courts count juvenile delinquency ap A difficulty ~ncountered when gath Nebraska 131 78 68 Alaska 8 707 88 b Although most trials result in decisions, Texas 1970's, but it now appears to be peals (which are quite rare) as civil ering and evaluating appellate statistics Calif ornia 126 98 29 trials can end in dismissals or mis 97 8,443 87 appeals, and that convention is used West Virginia 123 -- Arizona 20 1,696 85 increasing somewhat more rapidly than is that procedures for docketing appeals b trials. In any case, the number of trials Wisconsin 19 1,600 84 during the late 1970's. he~'e as well. are not uniform. Most appellate courts Arizona 119 69 72 Minnesotas,b 9 743 83 Vermont 112 47 138 has increased very little. As a result, count cases soon after the notice of ap the ratio of appeals to trials has in Maryland 20 1,647 82 • All 42 States and the District of . Writs are not included in this report peal is filed; but some wait until the Arkansas 105 - - Columbia experienced substantial Wisconsin 105 - - creased greatly. This may be because Iowa 14 1,127 81 because they take far less judicial time trial court record is received, usually New HampS%reC 103 42 145 Kentucky 21 1,701 81 growth in appellate filings during the more trial dispositions are appealed or Arkansas 13 1,003 77 than regular appeals. The few other 1 to 3 months after the notice of ap- Rhode Island 100 48 108 because more appeals are made from period, but the rates of growth differed Alaska 97 38 155 Oklahoma 24 1,770 74 substantially from State to State, and Iowa 95 88 8 nontrial dispositions such as civil Kansas 14 1,002 7'il MisSissiP~t 95 69 38 summary judgments and guilty pleas. It Colorado 17 1,192 70 all States except one experienced a Appellate court organization or more a year to relieve State Colorado 91 57 60 is also possible that the small growth North Carolina 19 1,283 68 decrease in appellate filings in at least supreme courts as appellate case b Louisiana 55 3,555 65 1 year during the decade. There are three types of appellate loads increase. Massachusetts 92 48 92 rate shown for trials is the result of 8 Washingtog 94 57 65 Massachusetts 17 1,107 65 courts: supreme courts in States In States with intermediate widespread problems with the statistics Tennessee 26 • The growth in appellate filings over Okl&hom~ 90 65 38 l,6ll4 64 with no intermediate appellate appellate courts, the portion of Maryland 89 68 31 themselves, which reflect disparate Washington 25 1,432 57 most of the decade was greater than ConnecticutC New Mexico 12 668 56 courts (called IIsolitary supreme appeals going directly to the 85 35 14.3 judgments by local cour~officials as to the increase in most factors that might ll North Carolinab 85 - - what constitutes a trial. Hawaii 8 397 50 be associated with it. These include courts ), supreme courts in States supreme court varies greatly. In Delaware 83 82 1 Missouri 39 1,679 43 with intermediate appellate courts, large States, almost all appeals go to Connecticutb 6 233 39 population, judgeships, crime rate, Kansas 80 60 33 and intermed~ate appellate courts Idaho 8 285 36 arrest rate, trial court filings, and the intermediate court. Elsewhere, Tenn~seeb 78 59 32 themselves. Texas ,c 73 51 43 Appellate decisions prison commitments. Prison commit appeals often bypass the intermedi b a Courts in the State decide at leas~ a third of ment growth, however, surpassed appel Every State has a supreme court ate court and go directly to the Louisiana 71 49 45 the cases without writing opinions. with five to nine judges (Texas and supreme court. This division of Missouri 71 47 51 There is substantial variation among b An intermediate appellate court was estab- late filing growth beginning in 1981. New Mexico 70 45 56 the States in judgeship positions and lished late in the year. Because each new Oklahoma have separate supreme caseload is accomplished either by Mainec 69 31 123 b court output (table 3). Most of this court had decided only a small number of • Throughout the decade, criminal courts for civil and criminal cases). routing specific categories of cases Montana 63 31 103 variation results, of course, from dif cases by the end of the reporting period, appeals accounted for 43 to 46% of In addition, 36 States now have (for example, murder cases) directly South Dakota 63 25 152 neither the number of judgeships nor the total appeals. Until as recently as the ,lower-level or intermediate appel to the supreme court or by permit North ~akota 62 - ferences in State size. Judgeship - number of decisions is included here. early 1960's, criminal appeals had Hawaii 60 32 88 positions ranged from five in several -. late courts, often called IIcourts of ting the supreme court to screen all Idaho 52 49 6 • accounted for only 10 to 15% of total appeal.1I Between 1870 and 1915, 13 a('peals and send the less important Wyomingb 47 23 104 smaller States without intermediate ginia, which established an intermedi appellate courts to 81 in California and ate appelillte court to relieve the appeals. States created permanent intermed ones to the intermediate court to be Note: No filing data were available for Indiana. 97 in Texas. Appellate decisions ranged burden on its supreme court in 1985, iate appellate courts to relieve the heard. ~. - Comparable data were not available. from 200-300 cases decided in smaller had the most decisions per judgeship, Methodology burden on State supreme courts. Except in Florida, litigants losing \ a Because an intermediate appellate court was These new courts heard some or all in an intermediate court can request added late in the year, the number of judges States with solitary supreme courts to 226. This number will undoubtedly The following two sections present a was prorated for additions during the year. more than 9,000 in Florida and New decrease as the 10 new judges of the general description of the definitions initial appeals, but their decisions the State supreme court to grant a The number of filings per judge will decrease York, which have intermediate appel intermediate appellate court begin were subject to review by the State review, which 's almost always dis 9 and procedures used in this study. More b when the new court begins hearing cases. late courts as well as a supreme court. hearing cases. Other high output States detailed information can be found in supreme court. Morl;! intermediate cretionary. The supreme courts All or most appeals are counted by the court appellate courts We'le not created decline to hear the vast majority of at a point later than the filing of a notice to are New York, Florida, New Jersey, and State Appellate Caseloa? Growth, appeal, understating the State's caseload Although smaller States tend to Michigan, each with more than 150 Documentary Apeendix. 1l The appeals until 1957 in Florida and 1963 in these cases, agreeing to hear mainly compared to States that count the notice to have fewer filings, cases decided, and cases decided per judge during 1983. Michigan. In the past 20 years, those that a quick scretming indi appeal. included in this analysis' are initial . judgeships, there is considerable varia appeals from trial courts and adminis States have created intermediate cates are concerned with important c Docketing systems changed, artiflcally appellate courts at the rate of one increasing the number of filings. tion in the numbel'l3 of cases decided The great differences in decisions trative agencies. This definition issues of law. per judgeship acro~;s the States. Vir- per judge do not necessarily reflect permits a caseload measure that is 4 5 R( ,.

g ------,-- I M peal. Caseload figures in the latter In a few States, separate civil and Bureau of Justice Statistics reports TIine servedln prIson, NCJ-93924, 6/84 Justice expenditure and employment in the courts do not include appeals filed and Bureau of Justice Statistics Bul criminal caseload data were missing for (revised February 1985) Prisoners in 1983, NGJ-85861. 12/82 U.S., 1979 (finai report). NCJ-87242. 12/83 Call toll-free 800-732-3277 (local then dismissed before the record of the letins are prepared by the staff individual years and were estimated Prisoners in State and Federal institutions on trial is prepared. The practical impact from total filing statistics. The figures 251-5500) to order BJS reports. to be added Dec. 31, 1982 (final). NCJ-93311. 12/84 of BJS or those commissioned by to one of the BJS mailing lists. or to speak Dec. 31, 1981 (final). NCJ-86485, 7/83 Privacy and security on civil appellate statistics is sub BJS. This bulletin was written by also were corrected occasionally for stantiel bec"use many cases are settled 1 to a reference specialist in statistics at the Capital punishment 1982 (finai). NCJ-95133. Computer crime: Thomas B. Marvell of The Appel anomalous changl~ that would render I Justice Statistics Clearinghouse, National 11/84 Electronic fund transfer and crime, or withdrc a before the parties incur late Justice Center and Sue A. them misleading. Criminal Justice Reference Service, Capital punishment 1981 (final), NCJ-96484. NCJ-92650. 2/84 the cost of l?reparing the record. 5/83 Lindgren of BJS. Carol B. Kalish, :1 Box 6000, Rockville, MD 20850. Single Computer security techniques, \1 copies of reports are free; use NCJ number 1979 survey ofinmates ofState correctional facilities NCJ-84049. 9/82 chief of data analysis, edits the References ;1 and 1979 census of State correctional facilities: Electronic fund transfer systems anr;l crime, Docketing system changes during bulletins. Marilyn Marbrook, . to order. Postage and handling are charged the period can artificially increase iJ 'for bulk orders of single reports. For Single BJS special reports: NCJ-83736. 9/82 publications unit chief, admin " appellate case growth. Approximately IMarvell, Thomas 8., "Appellate Court Caseloads: fl copies of multiple titles, up to 10 titles are Career patterns in crime, NCJ-88672. 6/83 Legislative resource manual, NCJ-78890.9/81 isters their production, assisted Hist.orical Trends," Af,pellate Court Administration Ij Expert witness manual, NCJ-77927. 9/81 1,000 of the increased number of civil (1 . free; 11-40 titles $1 0; more than 40, $20; BJS bulletins: by Millie J. Baldea and Joyce M. ReView, Vol. 4, (1983 , p. 3; Kagan, Robert A., et. Criminal justice resource manual, NCJ-61550 • filings and 800 of criminal filings are i1 libraries call for special rates. Prisoners and drugs, NCJ-87575. 3/83 12/79 Stanford. Special acknow al., "The Business of State Supreme Courts, 1870- :; Public-use tapes of BJS data sets and Prisoners and alcohol, NCJ-86223. 1/83 attributable to changes in docketing 1970" Stanford Law Review, Vol. 30, No.1 Prisons and prisoners, NCJ-a06fl7. 2/82 Privacy and security of criminal history ledgment iF made of the (November 1977), p. 121. other criminal justine data are available information: systems. A docketing system change assistance of Russell Hochman, from the Criminal Justice Archive and Veterans in prison, NCJ-79232. 11/81 that would artificially increase filings 2Many adjustments W.lre made to the data supplied A guide to research and statistical use, 1984 BJS Summer Intern. Information Network, P.O. Box 1248, Ann Census of jails and survey of jail inmates: NCJ-69790, 5/81 occurs when a State changes from by the States to improve the comparability of data Arbor. MI48106 (313-764-5199). The 1983 jail census (BJS bulletin. NCJ-95536. A guide to dissemination, NCJ-40000. 1/79 li'ebruary 1985, NCJ-96381 between States and across time within the reporting 11/84 Compendium of State legislation: counting the filing of trial court States. A general discussion of these adjustments records to counting the "notice to National Crime Survey Jail inmates 1982 (BJS bulletin). NCJ-87161. 2/83 NCJ-489~1. 7/78 and the definitions of terms used in thi~ report can Census of jails, 1978: Data for individuai jails. Criminal victimization in the U.S.: 1981 supplement, NCJ-79652. 3/82 appeal." This is because the llotice to States that established intermediate be found in the Methodology and Data Collection vols. I-IV. Northeast. North Central. South. West. sections. 1982 (final report). NCJ-92820. 11/84 NCJ-72279-72282.12/81 Criminal justice information policy: appeal occurs a few months earlier appellate courts and the dates those 1973-82 trends. NCJ-90541. 9/83 Profile of jail inmates, 1978, NCJ-65412. 2/81 Victim/witness legislation: An overview, than. the filing of trial court records courts began operation are as follows: 3Federal court appeals in the U.S. Circuit Courts of 1981 (final report). NCJ-90208 NCJ-94263. 12/84 Appeal increased from 15,629 in fiscal year 1973 to Census of jails and survey of Jnil inmates, 1978, and some cases are dropped between Massachusetts, August 1972; Kentucky, 1980 (final report). NCJ-84015. 4/83 preliminary report. NCJ-55172. 5/79 Information policy and crime control strategies 29,630 in fiscal year 1983. Administrative Office of 1979 (final report). NCJ-76710, 12/81 (SEARCH/BJS conference). NCJ-93926. these two points. Excluding these cases August 1976; Iowa, January, 1977; the United States Courts, Annual Report of the reduces the 1973-83 growth by approxi BJS special reports: Parole and probation 10/84 Kansas, January 1977; Wisconsin, Director 1973; and 1983_ (Washington, D.C., Research access to criminal justice data, mately 2 to 4 percentage points. The Administrative Office of United States Courts). The economic cost of crime to victims, NCJ- BJS bulletins: August 1978; Arkansas, July 1979; 93450.4/84 NCJ-84154. 2/83 trends for individual States are The Probation and parole 1983, NCJ-94776. Privacy and juvenile justice records, Hawaii, April 1980; Alaska, September 4 total trend line for the 38 States is virtually Family violence, NCJ-93449. 4/84 9/84 aIfected little by this problem if the 1980; Idaho, January 1982; Connecticut, identical to the trend line for the 43 States. NCJ-84152. 1/83 definition of a filing remains constant BJS bulletins: Setting prison terms, NCJ-76218. 8/83 Survey of State laws (BJS bulletin). July 1983; South Carolina, October 5Marvell and Kagan et. al, note 1 above. Household burglary, NCJ-96021. 1/85 Characteristics of persons entering parole NCJ-80836. 6/82 over time within the State. But appel 1983; and Minnesota, November 1983. 6Criminal trial court filings are limited to felonie3 CriminallJictimlzation 1983, NCJ-93869. 6/84 during 1978 and 1979, NCJ-87243. 5/83 Privacy and the private employer. late courts in six States changed from Virginia has established an intermediate (and major misdemeanors or misdemeanor appeals in Households touched by crime, 1983. NCJ- Characteristics of the parole population, 1978, NCJ-79651. 11/81 counting cases when the record arrived appellate court to begin operation in several States). 93658.5/84 NCJ-66479. 4/81 Violent crime by strangers, NCJ-80829. 4/82 Parole in the U.S., 1979, NCJ-69562. 3/81 (or when the briefs arrived) to counting 1985. 7The civil court trial filing statistics include regUlar Federal offenses and offenders Crime and elderly, NCJ-79614. 1/82 BJS special reports: all cases in which a notice of appeal civil cases, such as torts and contracts, as well as Measuring crime, NCJ-75710. 2/81 Courts was filed. The six States are Connecti domestic relations cases, in general jurisdiction Pretrial release and misconduct, NCJ-96132. The statistics for roughly half the courts only. Excluded are probate, juvenile, small Victimization and fear of crime: World BJSbulletin: 1/85 perspectives, NCJ-93872. 1/85 cut, illinois, Kentucky, New Hampshire, States are based on the court's fiscal claims, and, in most States, child support cases; Case filings in State courts 1983, NC,!-95111. BJS bulletins: The National Crime Survey: Working papers. 10/84 Maine, and Texas. year, ending in June, August, or these are generally minor or routine cases that are Bank robbery, NCJ-94630. 8/84 almost never appealed. vol. I: Current and historical perspectives. BJS special reports: SeptE;mber; data for the remainder of NCJ-75374.8/82 Federal drug law violators, NCJ·92692. 2/84 Changes in appellate jurisdiction 8These problems, which were uncovered in inter The prevalence of guilty pleas, NCJ-96018. Federal justice statistics, NCJ-80814. 3/82 the States are for the calendar year. vol. II: Methoiogical studies. NCJ-90307, 12/84 12/84 can also affect the trend data. Roughly views with officials responsible for compiling these Crime against the elderly in 26 cities, . statistics, are described in !VIarvell, Thomas 8., et. Sentencing practices in 13 States, NCJ-95399. General one to two percentage points of the This bulletin presents data aggre NCJ-76706.1/82 10/84 al, State A ellate Caseload Growth Documentar The Hispanic victim, NCJ-69261. 11/81 BJS bulletins: increase in total appeals results from a gated for all appellate courts in each AppendiX, Williamsburg, Va: NatIOnal Center or Criminal defense systems: A national Tracking Offenders: The child victim, NCJ- Issues In the measurement of crime, survey, NCJ-94630. 8/84 net increase in app.ellate court juris State Courts, 1985), Section VI, pp. 10-12. Se-" also NCJ-74682,10/81 95785. 12/84 State. Data for the individual courts Habeas corpus, NCJ-92949. 3/84 diction over the decade. States with are availab12 fr£r the Appellate Adams, Eleanor 8., "Statistical auditing: Do the Criminal victimization of California residents, The severity of crime, NCJ-92326. 1/84 numbers speak for themselves ?" State Court Case filings in State courts 1983, The American response to crime: An overview changes in appellate court jurisdiction Justice Center. 1974-77, NCJ-70944. 6/81 NCJ-95111. 10/84 Journal, Vol_ 8, No.4 (Fall 1984), p.16. Restitution to victims of personal and household of criminal justice systems, NCJ-91936. 12/83 are noted in table 1. Appellate court State court case load statistics, 1977 and Tracking offenders, NCJ-9t572. 11/83 jurisdiction is established by State 9The number of decisions is the number of cases crimes, NCJ-72770. 5/81 1981, NCJ-87587. 2/83 Data collection decided on the merits. It does not include dismissal Criminal victimization of New York State Victim and witness assistance: New State constitut\on and State law. The most of petitions for review and original jurisdiction residents, 1974-77, NCJ-66481. 9/80 The prosecution of felony arrests, 1979, NCJ- laws and the system's response, NCJ-87934. 86482.5/84 5/83 commor. type of expansion of appellate Appellate caseload information "~;s writs, and it does not include appeals dismissed for The cost of negligence: Losses from preVentable lack of progress. Unlike the appellate case filing household burglaries. NCJ-53527. 12/79 State court organization 1980, NCJ-76711. 7/82 BJS telephone contacts, NCJ·95505. 10/84 jurisdiction is when appeals from collected in a 2-year effort designed to State court model statistical dictionary, administrative agencies and limited data where petitions to appeal are not counted, a Rape victimization in 26 American cities, How to gain access to BJS data (brochure). document trends in State appellate petition to appeal that is granted is counted as a NCJ-55878. 8/79 NCJ-62320. 9/80 BC-000022. 9/84 jurisdiction courts formerly filed in courts. The major sources of statistics decision when the case is decided. Criminal victimization in urban schools, A cross-city comparison of felony case Sourcebook of Criminal Justice Statistics, 1983. NCJ-58396. 8/79 processing, NCJ-55171, 7/79 NCJ-91534. 10/84 trial courts that had what is called were State court annual reports and 10Marvell, et. aI, note 8 above. incidental appellate jurisdiction are unpublished reports furnished by indi Crime against persons in urban, suburban, and Federal criminal sentencing: Perspectives of Information policy and crime control llThomas 8. Marvell, The Appellate Justice Center, rural areas, NCJ-53551. 7/79 analysis and a design for research. NCJ-33683. strategies, NCJ-93926. 10/84 allowed to be filed directly with the vidual appellate courts. These were Southern Bank Building, 306 South Henry Street, An introduction to the National Crime Survey, Proceedings of the 2nd workshop on law and appellate court. Before such a change, 1 10/78 supplemented by research in court Williamsburg, Virginia, 23185, (804) 229-9772., ~ NCJ-43732. 4/78 Variations in Federal criminal sentences, justice statistrcs, 1984, NCJ-93310. 8/84 the cases were the workload of the trial dockets in six States. Appellate clerks 12Marvell, et. aI, note 8 above_ I Local victim surveys: A review of the issues. NCJ-33684, 10/78 Report to the nation on crime and justice: court. Cases originating in limited in the States and the District of Colum NCJ-'39973. 8/77 Predicting sentences In Federal courts: The The data, NCJ-87I)eB. 10/83 jurisdiction courts or administrative feasibility of a national sentencing policy. Dictional'} of criminal justice data terminology: bia were interviewed at length about , NCJ-33686. 10/78 2nd ed .• NCJ-76939. 2/82 agencies are also the most common the content of their appell;ate court Corrections State and local prosecution and civil attorney Technical standards for machine-readable data area for reductions in appellate juris statistics. The statistics were also BJS 6ulletlns and speCial reports: systems, NCJ-41334. 7/78 supplied to BJS, NCJ-75318. 6/81 Justice agencies In the U.S., 1980, NCJ-65560. ~l diction and caseload; that is, the cases checked against a wide va'riety of pub Returning to prison, NCJ-95700, 11/84 ~, become reviewable by discretionary . Prison admissions and releases 1981 , Expenditure and employment 1/81 lished reports and articles. Trial court NCJ-95043. 9/84 A style manual for machine-readable data, writ rather than appeal. Justice expenditure and employment in the NCJ-62766. 9/80 caseload statistics were EUSO obtained Capital punishment 1983, NCJ-93925.7/84 U. S., 1971-79, NCJ-92596. 11/84 ;po. mainly from State court annuai reports The establishment of an intermedi and unpublished reports, Much addi ate appellate court is often accom tional information about the courts, panied by an increase in appellate case such as jurisdiction and docketing filings. For this reason, table 1 is system changes, was obtained from footnoted to indicate those States legal research into State statutes and where such a court was established dur rules and from interviews with court ing the period being studied. The clerks. 6 7

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