Federal Judicial Caseload Statistics 2018
In accordance with 28 U.S.C. § 604(a)(2), each year the Administrative Office of the United States Courts is required to provide a report of statistical information on the caseload of the federal courts for the 12-month period ending March 31.
This report presents data on the work of the appellate, district, and bankruptcy courts and on the probation and pretrial services systems. The following is a summary of key findings provided for the year ending March 31, 2018.
- In the U.S. courts of appeals, filings decreased 16 percent.
- The bankruptcy appellate panels reported that filings fell 10 percent.
- Filings in the U.S. Court of Appeals for the Federal Circuit dropped 16 percent.
- In the U.S. district courts, filings of civil cases declined 5 percent, while filings for criminal defendants rose 8 percent.
- The U.S. bankruptcy courts received 2 percent fewer petitions.
- The number of persons under supervision by the federal probation system on March 31, 2017, was 3 percent lower than the total reported one year earlier.
- Pretrial services cases activated in the past 12 months increased 4 percent.
U.S. Courts of Appeals
Filings in the 12 regional courts of appeals fell 16 percent to 49,363 (down 9,588 appeals) in 2018. Most of this decrease stemmed from fewer filings of original proceedings and miscellaneous applications, which offset increases in U.S. prisoner petitions, other U.S. civil appeals, and bankruptcy appeals.
Civil appeals declined by 145 cases to 27,926.
- U.S. prisoner petitions grew 10 percent.
- Other U.S. civil appeals rose 5 percent.
- Private prisoner petitions fell 6 percent, and other private civil appeals dropped 2 percent.
Criminal appeals decreased 7 percent to 9,670, largely because of declines in appeals related to drug offenses (down 13 percent) and immigration offenses (down 15 percent).
- Seventy-five percent of criminal appeals involved four offense categories: drugs, immigration, firearms and explosives, and property (including fraud).
Appeals of administrative agency decisions declined 9 percent to 5,912, mostly due to reductions in appeals of decisions by the Board of Immigration Appeals (BIA), National Labor Relations Board, and Environmental Protection Agency.
- BIA appeals accounted for 86 percent of administrative agency appeals and constituted the largest category of administrative agency appeals filed in each circuit except the DC Circuit.
Original proceedings and miscellaneous applications fell 62 percent to 5,127. Such filings had surged 138 percent in 2017 after the Supreme Court of the United States decided in Welch v. United States that its earlier ruling in Johnson v. United States applied retroactively, thereby allowing prisoners serving sentences enhanced under an unconstitutional clause of the Armed Career Criminal Act to have their sentences vacated or remanded.
- Sixty-two percent of original proceedings and miscellaneous applications involved second or successive motions for writs of habeas corpus, and 26 percent involved writs of mandamus, writs of prohibition, or other extraordinary writs.
- Of the 572 miscellaneous applications reported, class actions accounted for 45 percent of the total.
Bankruptcy appeals increased 8 percent to 728.
Terminations of appeals decreased 12 percent to 51,832. Pending appeals fell 6 percent to 38,330.
For data on activity of the appellate courts, see the B series of tables.
Bankruptcy Appellate Panels
The Bankruptcy Appellate Panels (BAPs) reported that total filings decreased 10 percent to 595 (down 63 appeals). BAPs are units of the federal courts of appeals, and each BAP must be established by a federal judicial circuit council. Five federal judicial circuits—the First, Sixth, Eighth, Ninth, and Tenth Circuits—have BAPs.
This year, filings fell in three of these circuits and increased in the other two circuits. Filings dropped by 77 appeals (down 17 percent) in the Ninth Circuit, by 13 appeals (down 27 percent) in the Sixth Circuit, and by 2 appeals (down 5 percent) in the Eighth Circuit. Filings grew by 24 appeals (up 45 percent) in the Tenth Circuit and by 5 appeals (up 9 percent) in the First Circuit.
For data on activity of the BAPs, see Tables BAP-1 and Tables BAP-2.
U.S. Court of Appeals for the Federal Circuit
Filings in the U.S. Court of Appeals for the Federal Circuit fell 16 percent to 1,617.
- Filings involving the U.S. Patent and Trademark Office had the largest numeric decrease, a reduction of 138 appeals to 542 (down 20 percent). The previous year, such appeals had risen 25 percent.
- Appeals of decisions by the Merit Systems Protection Board dropped by 123 appeals to 134 (down 48 percent).
| Since 2009 | Since 2014 | Since 2017 | |
|---|---|---|---|
| Total Filings | 13.6 | -2.0 | -16.0 |
| U.S. District Court Appeals | 7.8 | -10.8 | -9.5 |
| U.S. Patent and Trademark Office Appeals | 388.3 | 236.6 | -20.3 |
| U.S. Merit Systems Protection Board Appeals | -63.5 | -33.0 | -47.9 |
Terminations of appeals declined 2 percent to 1,630 (down 37 appeals). The pending caseload remained stable, decreasing by less than 1 percent to 1,539 (down 13 appeals).
For data on activity of the U.S. Court of Appeals for the Federal Circuit, see Table B-8.
U.S. District Courts
Combined filings in the U.S. district courts for civil cases and criminal defendants dropped by 9,374 (down 3 percent) to 358,563. Terminations held relatively steady, rising by 930 (up less than 1 percent) to 363,558. The total for pending civil cases and criminal defendants also remained stable, declining by 4,639 (down 1 percent) to 442,044.
Civil Filings
Civil case filings in the U.S. courts declined 5 percent (down 15,066 cases) to 277,010.
Filings with the United States as defendant decreased 32 percent to 38,818.
- Prisoner petition filings fell 61 percent (down 18,454 petitions) to 11,625 as motions to vacate sentence dropped 77 percent (down 19,180 cases) to 5,734. Such motions had risen 260 percent in 2017 after Welch v. United States established that Johnson v. United States applied retroactively and made prisoners serving sentences enhanced under an unconstitutional clause of the Armed Career Criminal Act eligible to have their sentences vacated or remanded.
- Civil filings involving immigration fell 14 percent (down 262 cases) to 1,643.
- Contract filings rose 94 percent (up 216 cases to 445) as cases involving insurance increased 673 percent (up 202 cases), mostly as a result of flooding that occurred in the Middle District of Louisiana.
Federal question filings decreased 2 percent to 148,088.
- Prisoner petitions in this category dropped 9 percent (down 4,091 petitions) as petitions addressing civil rights fell 12 percent (down 2,477 petitions) and petitions related to prison conditions declined 13 percent (down 1,426 petitions).
- Personal property damage cases decreased 21 percent (down 265 cases).
| Since 2009 | Since 2014 | Since 2017 | |
|---|---|---|---|
| Total Filings | 7.1 | -8.8 | -5.2 |
| Federal Question Cases | 10.8 | -2.3 | -2.2 |
| Diversity of Citizenship Cases | 3.5 | -19.1 | 8.2 |
| U.S. Defendant Cases | 18.3 | -1.6 | -31.9 |
| U.S. Plaintiff Cases | -50.0 | -34.1 | -1.1 |
- Civil rights filings grew 6 percent (up 1,928 cases) as cases addressing education climbed 28 percent (up 150 cases) and cases involving claims under the Americans with Disabilities Act rose 17 percent (up 1,585).
- Contract actions increased 23 percent (up 858 cases) to 4,648 as insurance cases jumped 89 percent (up 796 cases) as a result of flooding in the Middle District of Louisiana.
Filings with the United States as plaintiff decreased 1 percent to 4,786.
- Cases addressing defaulted student loans declined 40 percent (down 309 cases).
- Forfeiture and penalty filings increased 15 percent (up 150 cases), largely because of 16 percent growth in cases dealing with drug-related seizure of property (up 79 cases).
Filings of cases involving diversity of citizenship (i.e., disputes between citizens of different states and/or between U.S. citizens and citizens of foreign nations) rose 8 percent to 85,316.
- Personal injury/product liability filings increased 15 percent (up 5,620 cases) as health care/pharmaceutical cases surged 59 percent (up 12,710 cases), largely because of multidistrict litigation related to the anticoagulant drug Xarelto in the Eastern District of Louisiana.
- Real property cases decreased 27 percent (down 1,222 cases) as cases involving foreclosures fell 35 percent (down 921 cases).
Civil case terminations remained stable, decreasing less than 1 percent to 286,969.
- The Southern District of West Virginia terminated 40,666 cases. Most were part of multidistrict litigation related to pelvic repair products.
- The Western District of Louisiana terminated 3,610 cases. Most were part of multidistrict litigation alleging that the diabetes drug Actos increased users’ risk of bladder cancer.
Pending civil cases dropped 3 percent to 339,313.
For data on activity related to civil cases in the district courts, see the C series of tables.
Criminal Filings
Filings for criminal defendants (including transfers) in the U.S district courts increased 8 percent (up 5,692 defendants) to 81,553.
Filings for defendants charged with immigration crimes, which constituted 29 percent of all criminal defendant filings, rose 13 percent to 23,285 (this total does not include defendants charged with immigration crimes in petty offense cases disposed of by magistrate judges).
- Seventy-seven percent of immigration defendant filings occurred in the five southwestern border districts. Immigration defendant filings within the southwestern border districts increased 9 percent.
- Filings climbed 96 percent in the Southern District of California (after growing 18 percent last year), grew 21 percent in the Western District of Texas (after growing 3 percent last year), and remained relatively stable in District of Arizona (after decreasing 3 percent last year).
- Filings declined 14 percent in the Southern District of Texas (after falling 7 percent last year) and decreased 13 percent in the District of New Mexico (after declining 11 percent last year).
Filings involving drug offenses, which accounted for 31 percent of total defendant filings, increased 3 percent to 24,892.
- Defendants charged with crimes involving drugs other than marijuana rose 8 percent to 21,093.
- Defendants charged with marijuana offenses dropped 17 percent to 3,799.
Defendant filings for firearms and explosives crimes climbed 21 percent to 10,742, which was 13 percent of total defendant filings. Defendants charged with general offenses (e.g., public-order crimes such as money laundering) increased 17 percent to 1,895. Traffic offense filings increased 3 percent 2,263 (this total does not include defendants charged with traffic crimes in petty offense cases disposed of by magistrate judges).
Filings for defendants accused of sex offenses remained relatively stable, increasing less than 1 percent to 3,168.
Filings associated with property offenses, which amounted to 12 percent of all defendant filings, fell 3 percent to 9,893.
- Larceny and theft defendants decreased 16 percent to 1,735.
Defendants charged with justice system offenses (i.e., crimes related to judicial proceedings, such as obstruction of justice or failure to appear) dropped 3 percent to 838.
| Since 2009 | Since 2014 | Since 2017 | |
|---|---|---|---|
| Total Defendant Filings | -14.6 | -5.9 | 7.5 |
| Immigration Offense Defendants | -9.0 | 1.0 | 13.0 |
| Drug Crime Defendants | -15.4 | -9.0 | 3.3 |
| Firearms and Explosives Crime Defendants | 19.1 | 32.1 | 20.6 |
| Sex Offense Defendants | 12.0 | -8.6 | 0.2 |
| Property Crime Defendants | -37.3 | -28.4 | -2.7 |
Terminations for criminal defendants increased 1 percent to 76,589. The number for defendants pending rose 5 percent to 102,731.
For data on activity related to criminal defendants in the district courts, see the D series of tables.
U.S. Bankruptcy Courts
Filings of bankruptcy petitions declined 2 percent to 779,828 (down 14,664 petitions). Of the 90 bankruptcy courts, 47 reported lower filings.
- The largest percentage decrease was a 30 percent reduction in the District of Puerto Rico, where court operations and filings were affected by Hurricanes Irma and Maria.
- The highest percentage increase was a rise of 21 percent in the Eastern District of New York.
Fewer petitions were filed under chapters 7, 9, 13, and 15 of the bankruptcy code. More petitions were filed under chapters 11 and 12.
- Chapter 7 filings dropped 2 percent to 480,933.
- Chapter 13 filings decreased 3 percent to 290,566.
- Chapter 11 filings rose 9 percent to 7,735.
- Chapter 12 filings grew 9 percent to 499.
Petitions filed by debtors with predominantly business debts fell 2 percent to 23,106. Debtors with consumer (i.e., largely nonbusiness) debts filed 756,722 petitions, 2 percent fewer than the previous year. Consumer cases accounted for 97 percent of all petitions.
| Since 2009 | Since 2014 | Since 2017 | |
|---|---|---|---|
|
Total Filings |
-35.1 | -24.9 | -1.9 |
| Chapter 7 | -41.3 | -31.3 | -1.5 |
| Chapter 11 | -34.4 | -9.7 | 8.9 |
| Chapter 13 | -21.7 | -11.8 | -2.6 |
Terminations of bankruptcy cases fell 5 percent to 838,148. The number of cases pending on March 31 decreased 5 percent from the previous year’s total to 1,035,967.
Bankruptcy filings have fluctuated since the Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) took effect in October 2005. The courts received 695,575 petitions in the 12 months ending March 31, 2007. Thereafter, filings increased every year until 2011, when 1,571,183 petitions were filed. In each of the last six years, filings have declined. Total filings for 2018 are 50 percent below the post-BAPCPA peak reached in 2011, but 12 percent above the 2007 filing level.
For data on the activity of the bankruptcy courts, see the F series of tables.
Adversary Proceedings
Adversary proceedings are separate civil lawsuits that arise in bankruptcy cases, including actions to object to or revoke discharges, to obtain injunctions or other equitable relief, and to determine the dischargeability of debt.Adversary proceedings may be associated with consumer bankruptcy cases, but most arise in cases filed under chapter 11. They generally reflect the level of chapter 11 bankruptcy petitions filed two years earlier.
During the 12-month period ending March 31, 2018, filings of adversary proceedings decreased 6 percent to 26,311. Fifty-four of the 90 bankruptcy courts experienced declines in filings during this reporting period. The reductions were attributed to the overall drop in bankruptcy filings.
Terminations of adversary proceedings dropped 12 percent to 27,216. The number of pending adversary proceedings fell 4 percent from the previous year to a total of 24,473.
For data on adversary proceedings filed in the bankruptcy courts, see Table F-8.
Post-Conviction Supervision
The number of persons under post-conviction supervision as of March 31, 2018, fell 3 percent from the prior year to 132,262 (down 4,034 persons). Persons serving terms of supervised release on that date following release from a correctional institution decreased 2 percent to 114,925.
- Eighty-seven percent of persons under post-conviction supervision on March 31, 2018, were serving terms of supervised release.
- Twelve percent of persons under post-conviction supervision were under supervision following the imposition of sentences of probation, and 1 percent were on parole.
Cases remaining open on March 31, 2018, that involved probation imposed by district and magistrate judges dropped 7 percent from the previous year’s total to 16,254.
Persons on parole, special parole, military parole, and mandatory release on the last day of the reporting period declined 8 percent to 956.
The number of persons received for post-conviction supervision was 59,805 a decrease of 4 percent from the previous year.
| Since 2009 | Since 2014 | Since 2017 | |
|---|---|---|---|
| Total Under Supervision | 7.9 | 0.3 | -3.0 |
| Serving Terms of Supervised Release | 18.0 | 4.4 | -2.4 |
| On Probation | -29.0 | -19.3 | -6.6 |
| On Parole | -57.6 | -31.1 | -8.0 |
Closings of post-conviction supervision cases (excluding transfers and deaths) decreased 1 percent to 54,985 (down 536 cases).
In addition to their supervision duties, probation officers conduct investigations and prepare comprehensive reports to aid judges in sentencing convicted defendants. The officers’ presentence reports contain detailed background information on defendants and discuss issues related to the advisory sentencing guidelines.
- In 2018, probation officers wrote 63,915 presentence reports, a reduction of 2 percent from the previous year.
- Ninety-two percent of the presentence reports addressed offenses for which the U.S. Sentencing Commission has promulgated sentencing guidelines.
For data on post-conviction supervision activity, see the E series of tables.
Pretrial Services
The number of cases opened in the pretrial services system equaled 92,374, an increase of 4 percent from 2017.
- A total of 444 pretrial diversion cases were activated, a reduction of 19 percent from the previous year.
The number of defendants received for supervision in the pretrial services system was 23,006, 1 percent below the number received in 2017.
- Defendants received for pretrial services supervision fell 1 percent to 22,338.
- Defendants received for pretrial diversion supervision dropped 12 percent to 668.
| Since 2009 | Since 2014 | Since 2017 | |
|---|---|---|---|
| Total Cases Activated | -9.4 | -12.8 | 3.6 |
| Pretrial Services Cases Activated | -8.7 | -12.6 | 3.7 |
| Pretrial Diversion Cases Activated | -65.6 | -37.0 | -19.1 |
| Released on Supervision | -24.5 | -14.8 | -1.4 |
| Pretrial Supervision | -23.6 | -14.1 | -1.1 |
| Diversion Supervision | -46.0 | -33.6 | -12.0 |
A total of 86,394 pretrial services cases were closed, a reduction of 2 percent.
Pretrial services officers prepare reports for judges to use in determining whether to order the release or detention of defendants. They also provide information judges use in establishing appropriate conditions for released defendants.
- Pretrial services officers interviewed 50,358 defendants (up 1 percent) and prepared 88,806 pretrial services reports (up 3 percent).
For persons under pretrial supervision, officers monitored their compliance with release conditions set by the courts, made referrals for support services that offer alternatives to detention (such as substance abuse treatment), and informed the courts and U.S. attorneys of apparent violations of release conditions.
- Defendants with release conditions held relatively steady, dropping 1 percent to 25,444.
For data on pretrial services activity, see the H series of tables.