The Fourteen Courts of Appeals
A Review of the Caseload Management Process Among the 14 Courts of Appeals
Report Number 97-084
August 1997
Overall Conclusion
Continuous oversight and management of appellate dockets have become critical to ensure the efficient administration of justice in Texas. Transfers of cases have not been strategically used to equalize judges' workloads statewide. In fiscal year 1996, incoming workloads varied across the courts and ranged from about 61 cases allocated per judge to approximately 178 cases allocated per judge. Further, efficiency and effectiveness have not always been considered in deciding which caseload management method to use in individual instances.
The need for continuous strategic oversight and management is even more essential than in the past due to perpetual increases in the number of cases filed, increases in carry-over workloads, and relatively high percentages of cases on the largest courts' dockets for more than 24 months. For example, carry-over workloads increased 94 percent between the beginning of fiscal year 1987 and the beginning of fiscal year 1997. Permanent legislative changes, such as additions of judges or courts, may be needed in the future if the system of Courts of Appeals reaches its maximum capacity of cases. However, strategic oversight of the appellate dockets will continue to be needed to ensure the best use of state resources for the efficient administration of justice.
Key Facts and Findings
Equalization of dockets per judge has not occurred on a statewide basis even though statutory and constitutional requirements support equal workloads for judges. The Supreme Court should provide focused statewide monitoring and oversight of dockets and more aggressive transfers of cases to ensure the efficient administration of justice. Additionally, a recommendation task force is needed to conduct a study and develop recommendations for possible changes to the current court structure or to the number of judges or courts.
Policies and procedures for assignments of visiting judges have not been documented, and, until recently, policies for transfers of cases were not completely implemented. In July 1997, the Supreme Court began fully implementing its policies for transferring cases.
Efficiency and effectiveness have not always been considered when determining which caseload management method to use in individual instances. Criteria have not been developed for making caseload management decisions, and appellate court requests for transfers of cases and assignments of visiting judges have been routinely approved without consideration of statewide efficiency and effectiveness.
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