State Court Caseload Statistics
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-- National Center for State Courts 3 4185 00003622 7 State Court Caseload Statistics: A joint project of the Conference of State Court Administrators, the State Justice Institute, and the National Center for State Courts - State Court Caseload Statistics:IS‘Seta- 5 < Annual Report, 2992 Court Statistics Project Staff Brian J.Ostrom Steven E. Hairston Director Staff Associate Karen Gillions Way Carol R. Flango Staff Associate Staff Associate Natalie B. Davis Administrative Secretary State Justice lsJI Insti tu te A joint project of the Conference of State Court Administrators, the State Justice Institute, and the National Center for State Courts’ Court Statistics Project February 1994 /LC& k 4-1-4Y library ‘‘1% Notional Center for State Courts ZCO Newport Ave. Wilfiamsburg, VA 23 187-8798 / I Copyright 1994 National Center for State Courts ISBN 0-89656-134-8 National Center Publication Number R-154 Suggested Citation: Brian J. Ostrom, et a]., State Court Caseload Statistics: Annual Report 1992 (National Center for State Courts 1994) This Report was developed under Grant SJI-91-07X-C-B-007-P93-1 from the State Justice Institute. Points of view expressed herein are those of the authors and do not necessarily represent the official position or policies of the State Justice Institute. Conference of State Court Administrators Court Statistics Committee J. Denis Moran, Chairman (1983 to present) Marc Galanter (1986 to present) Director of State Courts, Wisconsin Evjue-Bascom Professor of Law, University of Wisconsin Robert Barnoski (1990 to present) Daniel J. Hall (1990 to present) Manager, Research & Information Services, Office Director of Planning and Analysis, Office of the Administrator for the Courts, Washington of the State Court Administrator, Colorado John A. Clarke (1988 to present) Jane A. Hess (1987 to 1993) Trial Court Administrator, Essex County, New Jersey State Court Administrator, Missouri Hugh M. Collins (1982 to present) Judge Aaron Ment (1991 to present) Judicial Administrator, Louisiana Chief Court Administrator, Connecticut Howard W. Conyers (1990 to present) John T. Olivier (1991 to present) Administrative Director of the Courts, Oklahoma Deputy Clerk, Supreme Court of Louisiana Robert L. Doss, Jr. (1990 to present) Howard P. Schwartz (1992 to present) Administrative Director of the Courts, Georgia Judicial Administrator, Kansas National Center for State Courts Board of Directors Warren E. Burger, Honorary Chairman Presiding Judge Sophia H. Hall Chief Justice of the United States, Retired Cook County Circuit Court, Illinois Chief Justice Jean A. Turnage, Chairperson District Judge Resa L. Harris Supreme Court of Montana 26th Judicial District, North Carolina Chief Justice Ellen Ash Peters Chuirperson-elect Nicholas deB. Katzenbach Supreme Court of Connecticut Riker, Danzig, Sherer, Hyland & Perretti, New Jersey Joseph C. Steele, Vice-Chairperson Judge Aaron Ment State Court Administrator, Nebraska Chief Court Administrator, Connecticut K. Kent Batty, Executive Court Administrator Norman H. Meyer, Jr. 3rd Judicial Circuit Court, Michigan Chief Deputy Clerk, U.S. District Court, Arizona Associate Justice Christine Meaders Durham William G. Paul Supreme Court of Utah Sr. Vice-president & General Counsel Phillips Petroleum Company, Oklahoma Judge Aubrey Ford, Jr. District Court of Macon County, Alabama District Judge Charles H. Pelton 7th Judicial District, Iowa Sheila Gonzalez Ventura Superior Municipal Courts, California Chief Justice Lyle Reid Supreme Court of Tennessee Judge Sarah Dickinson Grant Court of Appeals, Arizona Presiding Judge Jesus Rodriguez San Diego County Superior Court, California Judge Marion Guess, Jr. Probate Court of DeKalb County, Georgia Howard P. Schwartz Judicial Administrator, Kansas Larry L. Sipes President, National Center for State Courts Justice Leander J. Shaw, Jr. Supreme Court of Florida iii Acknowledgments We gratefully acknowledge assistance and project monitor. It should be noted that the guidance from the following groups and individu- points of view stated in this Report are those of the als. Our main debt of gratitude is to the state court authors and do not necessarily represent the administrators, the appellate court clerks, and their policies of the State Justice Institute. staffs who have provided the bulk of the informa- tion included in this Report. They have been A special debt is owed to the advice and edito- consistently patient and helpful in answering rial skills of our colleague Roger A. Hanson. written and telephone inquiries for more data or Roger’s deep knowledge of the business and struc- for explanations of the data provided. We particu- ture of state courts has helped greatly in our efforts larly acknowledge the staff members of the admin- to bring context and interpretation to a vast array istrative offices of the courts and of the appellate of aggregate caseload numbers. David B. Rottman, courts who serve as contact persons between their Sally T. Hillsman, and Victor E. Flango also offered offices and the Court Statistics Project. a range of constructive input that considerably improved the final product. Their deep knowledge The preparation of Stare Court Caseload Stat& of the business and structure of the state courts has tics: Annual Report 1992 has benefited greatly from helped greatly in our efforts to bring context and the advice and assistance of the 12 members of the interpretation to a vast array of aggregate caseload Conference of State Court Administrators’ Court numbers. The Report benefited greatly from the Statistics Committee. The committee members careful editing of Bill Fishback, while the page have given generously of their time, talent, and design and preparation for publication was man- experience, and their participation has been aged skillfully by Hisako Sayers. invaluable to the project staff. Thanks are also due to the SPSS Corporation for Jane Hess became a member of the COSCA the donation of SPSS statistical software, which was Court Statistics Committee in 1987. Her formal used for all analysis in this Report. association with the work of the Court Statistics Project ended upon her retirement as State Court Responsibility for the information reported Administrator of Missouri in January 1994. But she here and the analysis in Parts I and I1 nevertheless leaves a strong legacy of commitment to continu- rests fully with the Court Statistics Project staff. ous improvement of the quality and utility of state The more general responsibility for the develop- court caseload statistics. ment of the Report series and promoting improve- ments to court statistics is shared with the National The Court Statistics Project is funded through Center for State Court’s management, working the generous support of the State Justice Institute. under the policy direction of the COSCA Court SJI’s commitment to the project is greatly appreci- Statistics Commit tee. ated, as is the input from Kathy Schwartz, the V Contents Acknowledgments .............................................................. V Overview ....................................................................... xi Part I: State Trial Court Caseloads in 1992 and 1985-92 Trends. ................... 1 Section 1: Overview of the Business of State Trial Courts ............................ 5 How Is the Caseload Distributed Between General Jurisdiction and Limited Jurisdiction Courts? ................................................ 6 General Jurisdiction Courts .............................................. 6 Limited Jurisdiction Courts .............................................. 7 How Many Courts and Judges Process State Court Caseloads? ......................... 9 Section 2: Civil Filings in 1992 and 1985-92 Trends ................................. 10 How Do Civil Caseloads Compare Across States and How Are They Influenced by Variation in Population? ....................................... 10 How Has Volume Changed Since 1990? .......................................... 12 Are Courts Keeping Up with the Flow of New Civil Cases? ........................... 13 Are Low Clearance Rates Related to Above Average Growth in Civil Caseloads? ........... 14 Section 3: Focus on Tort, Contract, and Real Property Rights Cases ................... 15 How Has the Composition of Civil Caseloads Been Changing? ........................ 15 Section 4: Domestic Relations Cases in the State Courts ............................. 23 What Is the Largest Category of Domestic Relations Cases? ........................... 23 How Have Domestic Relations Caseloads Changed Since 1988? ....................... 23 What Impact Does the Increasing Attention Given to Domestic Violence Cases HaveontheCourts? ...................................................... 26 Section 5: Juvenile Caseloads in the State Courts ................................... 28 What Is the Largest Category of Juvenile Cases?. ................................... 28 How Have Juvenile Caseloads Changed Since 1988? ................................ 29 Section 6: Criminal Filings in 1992 and 1985-92 Trends ............................. 31 How Do Criminal Caseloads Compare Across States? ................................ 31 What Leads to Rising Criminal Caseloads? ........................................ 32 How Has Volume Changed Since 1990? .......................................... 33 Are Courts Keeping Up with the Flow of New Criminal Cases? ........................ 34 Do Felonies Comprise the Bulk of Criminal Caseloads? .............................