Appellate Courts Adjust, Seek Improved Practices amid COVID-19 and Beyond
Following the success of data dashboards for the state’s trial courts, the Ohio Supreme Court is developing a similar tool to track real-time statistics for appeals courts.
Following the success of data dashboards for the state’s trial courts, the Ohio Supreme Court is developing a similar tool to track real-time statistics for appeals courts.
The sudden changes due to COVID-19 forced courts to adjust their operations. Now, judges and court staff are not only analyzing their efforts during these uncertain times, they’re also evaluating approaches and efficiencies for a post-pandemic world.
The Ohio Courts of Appeals Judges Association discussed these matters during its fall conference, which was held remotely as a preventative measure against the coronavirus.
The program was condensed into a webinar entitled, “A Brave New Appellate World.”
"We need to learn about issues that are on the horizon, or quite frankly just might be over the horizon,” presenter and Sixth District Court of Appeals Judge Gene Zmuda said.
Data analysis is an essential tool that allows courts to predict caseloads and anticipate judicial trends. Following the implementation of an interactive, real-time data dashboard for common pleas, municipal, and county courts, the Ohio Supreme Court is in the process of developing a similar tracking tool for the appellate courts.
Efficiency is measured through case processing timelines and clearance rates. Following the statistics of how long cases are in their respective phases, and when they are closed, creates more clarity about where certain courts stand when adhering to suggested guidelines.
During the webinar, Ohio Supreme Court statistics analyst Brian Farrington illustrated the rates at which all appellate cases passed through the system from 2015 to 2019.
“Some districts were performing much better than others across these various case phases. What they wanted to know is what are the practices giving rise to that better performance,” Farrington said.
The Supreme Court’s Case Management Section has conducted reviews of each district's appellate process to help identify promising practices to be shared among all jurisdictions.
In the appellate process, there are generally four phases: record, briefing scheduling and submission, and opinion.
The record portion is the filing and logistical process conducted by courts and court clerks. The briefing is the preparation of the briefs by the parties. Scheduling and submission is formally presenting the briefs and arguments to the court, and admittance of arguments by the litigants for judges and court staff. The opinion is the panel’s preparation of the court’s decision.
In terms of optimal productivity and caseload predictability, the state’s 12 district courts will always be in a unique position within Ohio’s judiciary. The districts vary in size depending on case volume and the number of judges, which range from four to 12. Cases pass through these intermediary courts to and from trial courts and the Ohio Supreme Court, while also being impacted by executive and legislative branch matters. It’s a delicate balance that requires an inherent adaptability.
“We are here in the middle, and the reason we're here in the middle is we're either gatekeepers or are in the crosshairs for judicial review,” said Judge Zmuda.