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Just the Facts: U.S. Courts of Appeals

Published on December 20, 2016

Just the Facts is a new feature that highlights issues and trends in the Judiciary based on data collected by the Judiciary Data and Analysis Office (JDAO) of the Administrative Office of the U.S. Courts. Comments, questions, and suggestions can be sent to the data team.

Crimes involving drugs fueled a 15 percent increase in criminal appeals last year even as the total volume of appeals continued to steadily decline, according to statistics from the JDAO. The vast majority of appeals are unsuccessful: Fewer than 9 percent of total appeals in 2015 resulted in reversals of lower courts, the figures show. Below are highlights of the data on the federal appellate system along with graphics that help explain the statistics.

  • Total filings in the 12 regional U.S. courts of appeals fell 1 percent to 53,266 in calendar year 2015, although criminal appeals filings increased 15 percent (up 1,623 cases) (See Table 1 and Chart 1). This growth was driven by appeals involving the sale, distribution, or dispensing of drugs other than marijuana, which rose 47 percent to 4,090.
  • From January 1, 2011, to December 31, 2015, total appeals court filings decreased nearly 5 percent, declining in every year since 2012. Reductions occurred in each category except bankruptcy appeals (which rose 22 percent) and original proceedings (which rose 12 percent) (See Table 1).
  • In 2015, 76 percent of appeals court filings were appeals of decisions by the district courts, and 13 percent were appeals of decisions by administrative agencies. Eight percent of filings were original proceedings, and 2 percent were appeals of bankruptcy case decisions (See Table 1 and Chart 2).
  • Fewer than 9 percent of total appeals resulted in reversals of lower court decisions in 2015. Appeals of decisions in U.S. civil cases and prisoner petition appeals had the lowest rates of reversals (See Table 2 and Chart 3).
  • In 2015, case terminations by the appeals courts decreased 3 percent (down 1,571 cases) to 52,881 (See Table 3).
  • During the five-year period from 2011 through 2015, case terminations fell almost 8 percent, with increases occurring only in terminations of bankruptcy appeals (up 18 percent) and original proceedings (up 4 percent) (See Table 3).
  • Median disposition times fell 20 percent, from 10.8 months in 2011 to 8.6 months in 2015 (See Table 3).
  • A total of 41,618 appeals court cases remained pending on December 31, 2015, close to the same total as one year earlier and 6 percent below the total five years earlier (See Chart 4).

Background

Definitions:  An appeal is a case seeking to have a higher court review and change a decision of a lower court or administrative agency. In the federal judiciary, most appeals are received by the 12 regional courts of appeals and decided by three-judge panels. These appeals courts also handle some original proceedings, which are cases not considered previously in lower courts.

Case termination refers to cases that were dismissed, settled or closed as a result of a final judgment by a court.

The charts include data from the 12 regional courts of appeals but not from the Federal Circuit, which maintains its own data.

Chart 1

Table 1
Filings in the U.S. Courts of Appeals
Sources of Appeals
Calendar Years 2011-2015
Source 2011 2012 2013 2014 2015
TOTAL 55,817 57,335 55,822 53,799 53,266
U.S. District Courts
Criminal 12,453 13,419 11,697 10,476 12,099
Civil —Total 30,899 30,374 30,078 30,153 28,252
Civil — Prisoner Petitions 15,605 15,111 14,958 14,788 13,723
Civil — U.S. 2,757 2,665 2,622 2,694 2,678
Civil — Private 12,537 12,598 12,498 12,671 11,851
Other Appeals
Bankruptcy 677 893 823 835 826
Adminstrative Agency 7,786 8,285 8,038 6,810 7,023
Original Proceedings 4,002 3,787 4,433 4,951 4,495
Miscellaneous Applications N/A1 577 753 574 571
NOTE: This tables excludes data for the U.S. Court of Appeals for the Federal Circuit.
SOURCE: Table B-1,
Statistical Tables for the Federal Judiciary: Dec. 31, 2011-2015
1 Miscellaneous applications were not collected until 2012

Chart 2

Table 2
U.S. Courts of Appeals
Percentage Reversed
Calendar Years 2011-2015
  Total Criminal Prisoner Petitions U.S. Civil Private Civil Bankruptcy Adminstrative Appeals
2011 8.7 6.5 7.6 7.0 12.4 10.1 8.2
2012 6.7 6.9 3.5 3.3 10.4 10.8 5.4
2013 6.8 5.8 3.2 2.6 11.8 10.8 7.5
2014 7.3 6.1 3.6 3.0 12.3 13.6 8.3
2015 8.6 6.9 4.6 4.2 14.2 24.4 7.8
Source: Table B-5, Statistical Tables for the Federal Judiciary, Dec. 31, 2011-2015

Chart 3

Table 3
U.S. Courts of Appeals
Terminations, by Sources of Appeals and Median Disposition Times
Calendar Years 2011-2015
Source 2011 2012 2013 2014 2015
TOTAL 57,173 58,030 57,741 54,452 52,881
U.S. District Courts
Criminal 13,316 13,528 12,388 11,131 11,532
Civil--Total 31,430 31,145 30,769 29,547 28,191
Civil — Prisoner Petitions 16,526 15,831 15,642 14,852 13,886
Civil — U.S. 2,785 2,712 2,606 2,416 2,619
Civil — Private 12,119 12,602 12,521 12,279 11,686
Other Appeals          
Bankruptcy 702 709 808 834 828
Administrative Agency 7,640 8,431 8,780 7,243 7,399
Original Proceedings 4,085 3,648 4,475 5,006 4,262
Miscellaneous Applications N/A 569 521 691 669
 
Median Disposition Times (mos) 10.8 9.6 8.9 8.4 8.6
Source: Table B-1, Statistical Tables for the Federal Judiciary: Dec. 31, 2011-2015
NOTE: This table excludes data for the U.S. Court of Appeals for the Federal Circuit

Chart 4

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