Courts and Caseload: Why Have Civil Filings Been Going Down?

Court Leader's Advantage

June 18th Court Leader’s Advantage Podcast Episode

Civil filings are falling. They have been for some time. In fact, most court filings have been on a slow decline. In 2018, The National Center for State Courts put out a bulletin stating that nationally every major case category had declined from 2008 to 2016.

There are indications that in some states (California for example), the decline in civil filings started as far back as 1980. This gradual decline seems little affected by economics, court organization, the presence or absence of court self-help centers, the state of the local bar, the type of case management system the court uses, or the amount of filing fees charged. With the possible exception of Texas, this decline appears widespread. This inevitably leads to the critical yet unanswered question “Why is this happening?”

This month we’re talking about a new book just out by Alan Carlson and John Greacen called What is Happening to State Trial Court Civil Filings? We will explore questions including:

· Why didn’t we court professionals see this coming a long time ago?

· Are there changes in our society that are leading to changes in how people view the courts?

· Do we have any idea how people are getting their disputes resolved if it is not by going through the courts?

· Are courts actually ready to do the work to find out what is happening with filings?

Today’s Panel

Alan Carlson: retired court administrator of the Superior Court in Orange County, California;

John Greacen: nationally known consultant on courts and court administration;

Marcus Reinkensmeyer: Deputy State Court Administrator for the Arizona Administrative Office of the Courts.