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John Joseph Moakley Courthouse, Boston, 2020 Year-End Report on the Federal

Two hundred and thirty years ago, our first , assisted by his colleague William Chief , John Jay, convened the Supreme Cushing. ( John Rutledge and James of the United States for its inaugural sit- Iredell, who were not present for the first ses- ting. With no cases yet filed, Jay and his col- sion of the , were assigned to the leagues turned promptly to circuit riding. That Southern Circuit, which required 1,800 miles of duty, assigned by Congress, required them to travel—providing yet another lesson in what travel around the young country and preside happens when you miss a meeting.) over in the lower federal . Jay took America was at the time suffering under the the Eastern Circuit, covering his home of spread of influenza and, later, yellow fever.

2020 Year-End Report on the Federal Judiciary Page 1 of 7 When he arrived in Hartford, , in the greatest challenge was faced by the “first to April 1790, Jay noted that “almost every Fam- fight” in the judicial family—the courts ily here is down with the Influenza—some old and their staffs. people have died with it.” He later wrote his Trial courts deal most directly with peo- wife Sarah that “I have travelled in some very ple—, of course, but also litigants, wit- disagreeable Days—the whole Country has nesses, jurors, court reporters, probation and been sick, and indeed is much so yet.” Presi- pretrial services officers, interpreters, security dent himself fell ill with a severe personnel, and members of the public who have case of influenza that May. Three years later, important rights of access to proceedings. Trial Jay had to adjourn the Court from sitting in have obligations under the Philadelphia due to the yellow fever epidemic and other to deal promptly with cases, es- that killed 5,000 of the city’s 50,000 residents. pecially with respect to criminal filings. And As the Reporter of the Supreme Court recorded, they have had to work out how to carry on their “The Malignant Fever, which during this year, vital functions consistent with the best available raged in the City of Philadelphia, dispersed the public health guidance. great body of its inhabitants, and proved fatal to To this end, judges who serve on the Judi- thousands, interrupted, likewise, the business of cial Conference of the United States and its the Courts; and I cannot trace that any important committees—in particular, the Committee on cause was agitated in the present Term.” Rules of Practice and Procedure—sprang into Advancements in medicine have over time action to make possible video and audio confer- diminished the pandemic threat. The last encing in certain criminal proceedings, with nationwide crisis came with the virulent out- help from Congress through authorization in break of the Spanish flu in 1918, which led to the CARES Act. By April, judges around the cancellation of Supreme Court sessions. But country were guiding critical court functions for more than a century, the courts have not had from their home offices—or their kitchen ta- to respond to such a widespread public health bles. emergency. Hearings of all sorts went virtual. Judges Until now. For the past ten months, it has quickly (or at least eventually) learned to use a been all hands on deck for the courts, as our wide range of available audio and video confer- branch of confronted the COVID- encing tools. But this effort required more than 19 pandemic. In March, the Supreme Court just new technology. Judges needed to adopt asked employees to work remotely. We moved innovative approaches to conduct court pro- the weight of our attorney filings and opinion ceedings. In court, for example, a announcements online. And in May we held complex case can involve 100 participating at- oral argument by teleconference for the first torneys. Judges worked with court staff to ad- time. Although we look forward to returning to mit participants to virtual hearings, manage the normal sittings in our , we have been orderly flow of work, and ensure that public ac- able to stay current in our work. Other appellate cess did not endanger public health. They courts around the country have responded with needed to consider new approaches to similar considered flexibility. But once again documents and maintaining information secu-

2020 Year-End Report on the Federal Judiciary Page 2 of 7 rity. Much of this work is not glamorous, but it All this is a credit to judges and court staff, is essential, and it got done. but also to the citizens who serve as jurors. Proceedings involving detained Judges from around the country report that, present special challenges. Judges, lawyers, where trials have resumed, responses to and criminal defendants must interact through jury summonses have met or exceeded their initial appearances, detention hearings, arraign- high hopes for the public’s willingness to par- ments, and sentencings. The courts have re- ticipate in the legal system during these very sponded to the threat of COVID by developing challenging times. new partnerships with enforcement, correc- Creativity has been the key to other kinds of tions officers, and to ensure that de- court proceedings, too. District judges are priv- fendants have virtual access to courts and their ileged to perform naturalization ceremonies and lawyers. welcome new citizens. But the coronavirus has Courts have used every available avenue to made it difficult to conduct traditional court- prepare for resumption of jury trials, the bed- house ceremonies safely. So judges in Michi- rock of fairness in our system of justice. Judges gan and held drive-through naturaliza- and court staff have reconfigured spaces in tions. Others, in and , moved around the country. Many courts the ceremonies outdoors. They were borrowing have repurposed their largest courtrooms for a practice from a century ago, when San Fran- physical distancing and reconfigured jury boxes cisco courts held proceedings outdoors during to extend into public gallery areas. Courts have the Spanish flu pandemic. installed plexiglass in key spaces to physically None of this would be achievable without separate participants and have deployed high- unsung heroes in the judicial branch and efficiency particulate air (HEPA) filters to min- throughout government. Our information tech- imize the risk of virus transmission. Contact nology professionals have made possible re- tracing plans are in place. Proceedings for mote work that has allowed judges to perform grand and jury voir dire, which usually their duties safely. Our facilities teams, our entail significantly larger gatherings than the deputy and court security officers, and standard 12-person jury in a federal trial, are the building staff employed by or contracted likewise being modified for safety. through the General Services Administration

Police Court session held in open air to protect against the U.S. naturalization held in open air to protect against influenza pandemic, San Francisco, , 1918 the coronavirus pandemic, Minneapolis, Minnesota, 2020

2020 Year-End Report on the Federal Judiciary Page 3 of 7 have helped ensure that our courts could meet fering caused by the pandemic. Like others the unusual challenges of this past year. throughout the country, judiciary employees State courts—responsible for the vast bulk have contended with illness and loss. My of judicial proceedings across the Nation— thoughts are with them. have also responded to the present emergency This year, more than ever, I am privileged with professionalism and care. By way of ex- and honored to thank all of the judges, court ample, the National Center for State Courts staff, and other judicial branch personnel gave its 2020 William H. Rehnquist Award for throughout the Nation for their outstanding Judicial Excellence to a who had con- . ducted the Nation’s first-ever remote . Best wishes—and good health—to all in the She has been generous with her peers through- New Year. out the country in helping them solve problems and carry forward the work of our legal system. John G. Roberts, Jr. In focusing on the dedicated work in courts, of the United States I do not want to minimize the hardships and suf- December 31, 2020

2020 Year-End Report on the Federal Judiciary Page 4 of 7 Appendix Workload of the Courts

In the 12-month period ending September 30, 2020, the number of cases filed in the Su- Supreme Court preme Court fell compared to the 2018 Term, Cases Argued as did cases filed in the U.S. courts of , 200 175 bankruptcy courts, probation offices, and pre- 150 94 87 trial services system. New filings in district 100 75 73 courts were nominally greater, but excluding 50 filings connected to a single multidistrict liti- 0 gation, they were also lower than the prior OT 84 OT 94 OT 04 OT 14 OT 19 year. Filings generally decreased with the on- set of the coronavirus pandemic in March 2020, leading to lower annualized rates. Term to 1,481 filings in the 2019 Term. During the 2019 Term, 73 cases were argued and 69 The Supreme Court of the were disposed of in 53 signed opinions, United States compared to 73 cases argued and 69 disposed The total number of cases filed in the of in 66 signed opinions in the 2018 Term. The Supreme Court decreased from 6,442 filings in Court also issued four per curiam decisions in the 2018 Term to 5,411 filings in the 2019 argued cases during the 2019 Term. Term. The number of cases filed in the Court’s in forma pauperis docket decreased 19 percent The Federal Courts of Appeals from 4,847 filings in the 2018 Term to 3,930 In the regional courts of appeals, filings fell filings in the 2019 Term. The number of cases less than one percent from 48,486 to 48,190. filed in the Court’s paid docket decreased Appeals by pro se litigants, which amounted to seven percent from 1,595 filings in the 2018 49 percent of filings, also declined less than one

Supreme Court Regional Courts of Cases Filed Appeals Filings 7,496 8,000 6,996 7,033 80,000 60,357 5,411 6,000 60,000 50,506 49,276 48,486 48,190 4,047 4,000 40,000 2,000 20,000 0 0 OT 84 OT 94 OT 04 OT 14 OT 19 FY 16 FY 17 FY 18 FY 19 FY 20

2020 Year-End Report on the Federal Judiciary Page 5 of 7 percent. Total civil appeals decreased five per- United States is not a party) decreased eight cent. Criminal appeals fell three percent, and percent. Cases with the United States as bankruptcy appeals dropped two percent. Ap- grew 16 percent, primarily peals of administrative agency decisions rose reflecting increases in social security cases and 20 percent, to 7,105 new cases, mostly reflect- prisoner petitions. Cases with the United ing increases in cases from the Board of Immi- States as declined 16 percent, mainly gration Appeals, the Federal Energy Regulatory because courts received fewer actions related Commission, the National Labor Relations to defaulted student loans. Board, and the Environmental Protection Criminal defendant filings (including Agency. Filings of original proceedings grew those for defendants transferred from other six percent, to 4,853 new cases. districts) dropped 20 percent to 73,879. Defendants charged with immigration The Federal District Courts offenses, who accounted for 32 percent of total Civil case filings in the U.S. district courts filings, were 25 percent fewer, largely in increased 58 percent, from 297,877 to response to a 70 percent reduction in 470,581, mostly attributable to an earplug defendants accused of improper entry by an products liability multidistrict litigation alien. The southwestern border districts (MDL) centralized in the Northern District of received 84 percent of 23,618 national Florida, which consolidated 202,814 filings. immigration defendant filings. Drug Excluding that MDL, civil case filings fell ten crime defendants, who accounted for 29 percent. Cases involving diversity of percent of total filings, fell 17 percent. citizenship (i.e., disputes between citizens of Defendants prosecuted for firearms and different states) rose 172 percent, due mainly explosives offenses declined 13 percent. to filings in the MDL. Federal question cases Filings for defendants accused of (i.e., actions under the Constitution, laws, or decreased 27 percent. Reductions also of the United States in which the occurred in filings related to traffic offenses,

Civil Case Filings 500,000 470,581 450,000 400,000 350,000 297,877 291,851 282,936 300,000 267,769 267,767 250,000 200,000 150,000 FY 16 FY 17 FY 18 FY 19 FY 20

Filings excluding Earplug Products Liability MDL All Civil Case Filings

2020 Year-End Report on the Federal Judiciary Page 6 of 7 offenses, sex offenses, general business) petitions decreased 22 percent, and offenses, regulatory offenses, justice system business petitions declined two percent. Peti- offenses, and violent offenses. tions filed under Chapter 7 went down 15 per- cent, and those filed under Chapter 13 dropped The Bankruptcy Courts 33 percent. Petitions filed under Chapter 11 in- Bankruptcy court filings fell 21 percent to creased 12 percent. 612,561 as 89 of the 90 bankruptcy courts re- ceived fewer petitions. Consumer (i.e., non- Pretrial Services, Federal Probation, and Supervised Release System A total of 126,970 persons were under Bankruptcy Petition post- supervision on September 30, Filings 2020, a reduction of two percent from the total one year earlier. Of that number, 112,849 per- 900,000 805,580 790,830 773,375 776,674 sons were serving terms of supervised release 800,000 after leaving correctional , a de- 700,000 612,561 crease of less than one percent. 600,000 Cases activated in the pretrial services sys- 500,000 tem, including pretrial diversion cases, de- FY 16 FY 17 FY 18 FY 19 FY 20 creased 26 percent to 80,603.

2020 Year-End Report on the Federal Judiciary Page 7 of 7