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ANNUAL REPORT Prepared by Office of Circuit Executive ----~--- ~- ---~- FOREWORD Under 28 U.S.C. § 332(e) (10), each circuit Judicial Council must prepare an annual report of the circuit's activities for the preceding year. rrhe 1991 annual report includes a narrative discussion from each court unit which chronicles changes in personnel and the judicial workload, provides comparative statistics, and discusses management innovations implemented during the past year. The Judicial council is deeply indebted to the courts' judges and managers for their contributions to this report. This year's annual report notes many changes, among them Chief Judge Donald P. Lay's assuming senior status on January 6, 1992, and stepping down as chief judge after serving twenty-five years as a member of the Eighth Circuit Court of Appeals, and twelve years as its chief judge. with appreciation and gratitude, we dedicate the 1991 Eighth Circuit Annual Report to him. Richard S. Arnold, Chief Judge, United states court of Appeals for the Eighth Circuit Hon. Donald P. Lay, Chief Judge United States Court of Appeals for the Eighth Circuit 1980-1992 Judge Donald P. Lay was appointed to the United States Court of Appeals for the Eighth Judicial Circuit on July 22, 1966, where he served for twenty-five years. At the time of his appointment, at the age of thirty-nine, he was the second youngest person to be appointed to the court of appeals. From January 1,1980, until January 7, 1992, he served as the circuit's chief judge. Judge Lay was a member of the U.S. Judicial Conference's Committee on Trial Practice and Technique from 1969-1970; a consultant to the Federal Judicial Center's Advisory Committee on State-Federal Relations from 1968-70; a member of the Advisory Committee on Appellate Rules from 1973-1978; and a member of the Executive Board of the American Judicature Society from 1979-82. Since 1979, he has served on the U.S. Judicial Conference, the longest tenure of any chief judge in the nation. Among Judge Lay's litany distinctive honors was the Hancher-Finkbine Award from the University ofIowa in 1980, and a judicial achievement award as the Outstanding Federal Appellate Judge of the Year in 1982, by the American Trial Lawyers. In 1988, he was awarded the prestigious Herbert Harley Award by the American Judicature Society in recognition of his contribution to the administration of justice. Judge Lay's years as Chief Judge of the Eighth Circuit Court of Appeals have been marked by his commitment to opening the judicial process. During his tenure, federal practice committees were formed in each district to allow lawyers to have a greater voice in district court rules and procedures. In addition, selective invitations to the Eighth Circuit Judicial Conference were abandoned and open registration for all attorneys was adopted. Circuit and district court historical societies were organized with the goal of preserving histories of all judges by videotape and portrait. His commitment to civil rights is unparalleled. He has actively promoted the development of federal public defender programs and death penalty resource centers in the Eighth Circuit. In over 1,000 opinions, he has authored major death penalty cases, significant decisions on Indian law, and important cases dealing with free speech and women's rights. He has written extensively on federal habeas corpus and authored the dissent adopted by the Supreme Court in its landmark decision establishing due process for federal and state prisoners otherwise confined and facing punitive damages. Judge Lay's friend and Eighth Circuit colleague, Senior Judge Myron H. Bright has said of him, "As a judge, he has been doggedly devoted to the pursuit of equal justice for everyone in this country and in his opinions for the court, has extended civil rights to all citizens regardless of race, sex, or religion." For his principled leadership, his unyielding dedication to the work of the court, and his compassionate commitment to those served by the courts, we thank him and extend our highest esteem and gratitude. (Resolution adopted by the U.S. Judicial Conference on March 16, 1992) ·~-----.--... -.---.------------- TABLE 0]8' CONTENTS I. Statistics and Reports Page A. Court of Appeals 1 Clerk's Office . 3 Staff Attorneys 16 Pre-Argument/Settlement Program 18 Library ..... 20 B. District Courts . 24 C. Bankruptcy Courts 48 D. Federal Public Defenders 63 E. Probation Offices/pretrial Services 67 II. Administrative A. Judicial Council 88 Circuit Executive 92 B. Judicial Complaints 96 C. Judicial Conference 97 D, Circuit Committees 101 E. Miscellaneous . 119 TIr. Directory ............ 121 IV. Addendum (Statistics) . 181 I I· Eighth Circuit STATISTICS AND REPORTS c o U R T o F A P P E A L 5 1991 Eighth Circuit Court of Appeals Case load Pending (23,9%) Filings (38,7%) Terminations (37.5%) 1 1991 Eighth Circuit Court of Appeals Caseload 3 2.8 2.6 2.4 2.2 2 1.8 ~ ~ l\) § 1.6 CIJ ;3 0 1.4 ~ - 1.2 1 0.8 0.6 0.4 0.2 0 Filings Terminations Pending ----- - -- -~-- --------- EIGHTH CIRCUIT COURT OF APPEALS Michael E. Gans, Clerk of Court The court experienced a number of significant announcements and changes in 1991. On October 16, 1991, Chief Judge Donald P. Lay announced that he would step down as chief judge and assume senior status on January 7, 1992. Chief Judge Lay was succeeded by Judge Richard S. Arnold of Little Rock, Arkansas. Chief Judge Lay presided over a period of tremendous growth in the court's caseload, and he led the court's efforts to meet that increase with improvements in many areas of the court's operations. Chief Judge Lay will also be remembered and missed as a great friend and supporter of the court's staff. On November 18, 1991, the United States Senate confirmed United States District Judge David R. Hansen's nomination to fill the vacant eleventh judgeship for the Eighth Circuit. Judge Hansen was sworn in during a public ceremony in his courtroom in Cedar Rapids, Iowa, on December 2, 1991. He joined the ten active and senior judges in forming the largest body of judges ever to serve on the court at a single time. Mr. Robert D. st. Vrain, the court clerk, resigned on April 6, 1991, to take the position of clerk of the United States District Court for the Eastern District of Missouri. During his eleven years as clerk, Mr. St. Vrain set high standards for his office in the areas of service, courtesy, accuracy, and efficiency. The clerk's office grew rapidly during his tenure, and Mr. St. Vrain introduced new procedures, including automated case processing systems, to cope with the increasing caseload. The court's deputy, Michael E. Gans, was named acting clerk upon Mr. St. Vrain's resigna­ tion. On August 30, 1991, Mr. Gans was sworn in as only the fifth clerk in the history of the Eighth Circuit. In December 1991, Ms. Dana McWay was named chief deputy clerk. Ms. McWay formerly clerked for U.S. Senior Circuit Judge Myron H. Bright, and was later associated with the St. Louis law firm of Peper, Martin, Jensen, Maichel and Hetlage. 1991 Statistical Overview During the 1991 calendar year, the Eighth Circuit opened 2,869 new cases. This figure marked a 5.1 % increase over the 2,726 cases filed in 1990. The court decided 2,831 cases in 1991, eleven more than in 1990. The pending caseload grew by 2.4% to 1,686 cases. The increases in each of these three important categories, new filings, dispositions, and pending caseload, were slightly below the national averages for all the regional courts of appeals. Nationally, new appeals increased 8.5% in 1991, while terminations and pending cases grew 5.2% and 7.9%, respectively. 3 As in previous years, the Eastern District of Missouri (544 cases), the Western District of Missouri (508 cases), the District of Minnesota (427 cases), and the Eastern District of Arkansas ( 422 cases) continue to be the four largest sources of new appeal filings. Appeals from the Eastern District of Missouri showed the smallest increase of these four districts, growing only 1.7% in 1991. Minnesota, Western Missouri, and Eastern Arkansas ex­ perienced increases of 14.2%, 16.8% and 18.2%, respectively. North Dakota showed the most dramatic decrease in new filings, dropping 25.5%, to 73 cases. The only other district to show a decrease in new filings was Western Arkansas, with a 15.3% decrease to 133 cases. Median time information is a standard statistical analysis used by the Administrative Office of the United States Courts to help the regional courts of appeals gauge the efficiency of the appeal process. The 1991 median time figures show the Eighth Circuit continues to compare favorably with the performance of the other circuit courts of appeals. For example, the time elapsed from the filing of the notice of appeals to the filing of appellees's brief, for all types of cases, was 3.7 months, the third fastest figure in the country.