Backlog down now

Current working situation in the courts Increases in caseloads continues to be the biggest changes that respondents say they have experienced over the past two years. However, all aspects of work are less likely to have increased since last year, with case delays and courts backlogs significantly less likely to have increased. Figure 1: Changes in aspects of work in last 24 months Year 2022 n=201 Case load Complexity of issues you work on Variety of issues you work on Case delays/continuances Amount of resources to address department’s needs, excluding staff Courts backlog 40% 36% 31% 27% 26% 40% 36% 31% 14% 45% 3% 3% 53% 62% 25% 36% 20% 13% 39% 39% 35% *45% 28% *44% 2023 n=223 Level of government State n=162 40% 36% 31% 27% 26% 25% 40% 35% 29% 27% 23% County/Muni n=61 41% 39% 38% 28% 33% 25% 23% Title/Function Judge n=101 45% 29% 24% 29% 26% Court Prof. n=122 37% *43% *38% 25% 25% 23% Increased Decreased Stayed the same Percent “Increased” 26% * Indicates significant difference from comparison While 40% of those surveyed said increasing caseloads continues to be the biggest change they’ve experienced over the past two years, this is down from 45% in 2022. Indeed, all other aspects of work are less likely to have increased since last year as well, with increases in case delays being cited by 27% of respondents, compared to 45% in 2022; and increases in courts backlogs cited by 25% of respondents, compared to 44% in the previous survey. Both of these point to an easing of some of the stifling congestion that hindered the swift dispensing of justice and was greatly increased by the restrictions caused by the pandemic. © Thomson Reuters 2024 State of the Courts Report 2024 7 Looking ahead to the coming 12 months, respondents cited increased caseloads as the most highly anticipated change in the next year, but respondents are significantly more likely to expect an increase in the complexity of issues they face than they were in 2022. And court professionals are more likely than judges to expect increased issue complexity and variety, case delays, and court backlogs, but they are also more likely to anticipate receiving more resources to address their department’s needs. Figure 2: Expected changes in next 12 months Case load Complexity of issues you work on Variety of issues you work on Case delays/continuances Amount of resources to address department’s needs, excluding staff Courts backlog 39% 53% 8% 35% 30% 24% 22% 20% 64% 69% 61% 69% 49% 1% 1% 15% 9% 31% Year 2022 n=201 46% 26% 25% 25% 2023 n=223 39% *35% Level of government State n=162 40% 32% County/Muni n=61 38% 43% Title/Function Court Prof. Judge n=101 37% 29% n=122 41% *40% 30% 24% 21% 19% Increased Decreased Stayed the same 22% 20% 28% 23% 19% 34% 28% 30% 19% 21% Percent “Increase” 22% 17% 17% *37% *30% *26% 15% *24% * Indicates significant difference from comparison © Thomson Reuters 2024 State of the Courts Report 2024 8 Almost two-thirds of respondents (64%) said they experienced staffing shortages in the past year, and 56% said they expect them again in the coming year. Also, state court respondents were more likely than county/municipal court respondents to have experienced staffing shortages in the past year and to expect them in the coming year. Figure 3: Experienced staffing shortages in past 12 months 36% 64% Year 2022 n=201 Yes 2023 n=223 68% No 32% 64% 36% Level of government State n=162 County/Muni n=61 67% 33% 57% 43% * Indicates significant difference from comparison Yes No Figure 4: Anticipate staffing shortages in next 12 months 44% 56% Yes No Year 2022 n=201 Yes No NA NA Level of government 2023 n=223 56% 44% State n=162 County/Muni n=61 *60% 40% 46% *54% * Indicates significant difference from comparison © Thomson Reuters 2024 State of the Courts Report 2024 9 Interestingly, there was very little change in staffing budget situations between 2022 and 2023, with more than two-thirds of respondents (66%) saying they expect their budgets to stay the same over the coming year. County/municipal courts are significantly more likely than state courts to have increased staffing budgets in the past year, and are more likely to expect budget growth in the coming year. Figure 5: Experienced staffing budget change in past 12 months 5% 53% Increased Decreased Stayed the same Year 2022 n=201 42% Increased Stayed the same 41% 50% 2023 n=223 42% 53% Decreased 8% 5% Level of government State n=162 38% 55% County/Muni n=61 *51% 48% *7% 2% * Indicates significant difference from comparison Figure 6: Anticipate staffing budget change in next 12 months 4% 66% 30% Increased Decreased Stayed the same Year 2022 Increase Stay the same NA NA 2023 n=223 30% 66% Decrease NA 4% Level of government State n=162 27% 67% County/Muni n=61 38% 62% *6% 0% * Indicates significant difference from comparison © Thomson Reuters 2024 State of the Courts Report 2024 10 Hearings delays Hearings are also becoming more manageable, according to survey respondents, with one-half of respondents participating in 10 hearings or fewer per week. The average number of hearings per week has dropped in the past year to 35, compared to 43 in 2022. Not surprising, judges participate in significantly more hearings per week, 55, than do court professionals, 19, on average. Figure 7: Hearings participating in per week Year 2022 n=201 0 1-10 11-20 21-50 51-100 More than 100 20% 12% 30% 23% 6% 9% 18% 24% 14% 21% *12% 10% Level of government 2023 n=223 20% 30% 12% 23% 6% 9% State n=162 22% 26% 12% 24% 7% County/Muni n=61 16% *39% 11% 21% 3% 9% 8% Title/Function Court Prof. Judge n=101 n=122 3% 22% 15% *36% *10% *34% *36% 10% 13% 3% *15% 3% * Indicates significant difference from comparison © Thomson Reuters 2024 State of the Courts Report 2024 11 As to the important issue of hearing delays, respondents said that an average of 19% of hearings per week are delayed by more than 15 minutes, which is a slight increase from 2022 when respondents said an average 17% per week were delayed by more than 15 minutes. Figure 8: Hearings delayed by more than 15 minutes Year 2022 n=164 0% 1%-10% 11%-20% 21%-30% 31%-40% 41%-50% More than 50% 24% 10% 8% 2% 12% 37% 7% 21% 45% 12% 5% 2% 8% 2023 n=178 24% 37% 10% 8% 2% 12% 7% 7% Level of government State n=127 22% 38% 9% 9% 2% 13% County/Muni n=51 27% 35% 12% 8% 2% 12% 8% 4% Title/Function Court Prof. Judge n=98 n=80 24% 36% 10% 8% 1% 11% 23% 39% 10% 9% 3% 14% 9% 4% © Thomson Reuters 2024 State of the Courts Report 2024 12 As to the primary causes of hearing delays, failures to appear — both in-person and virtually — were cited by respondents as the main cause, by a very wide margin. In-person failures to appear (with 63% of respondents citing that as a primary cause of hearing delays) were much more common than virtual failures to appear, cited by 39%. Fortunately, both types of failure to appear have declined since the previous survey, and the only cause for delays that increased significantly was case backlog, with 7% of respondents citing that, up from 2% in 2022. Further, state courts are more likely than county/municipal courts to cite legal precedent issues as cause for hearing delays