As discussed on New York Court Watcher before, there have been changes at the Court of Appeals since the elevation of Rowan Wilson to be Chief Judge. They are hard to miss for anyone paying attention to New York's highest tribunal. In this, Part 1, let's look at the Court's caseload. Specifically, how it has increased:
(click to enlarge for a better view)
As the graph above shows, for two years in a row, the number of cases decided by the Court with Wilson presiding has been half-again what it was during the last full year of the Court under Chief Judge Janet DiFiore. Whatever the views about this increase, by appellate attorneys and members of the Court itself--desirable, unnecessary, inconsequential, or something else--the fact is that New York's court of last resort is in fact hearing and deciding more cases than it had been during the DiFiore era.
(Unless otherwise noted, the figures are the result of my own research and do not simply duplicate the official reports.)
The increase from 81 decisions in the last full year of DiFiore's tenure to 120 under Wilson thus far, is no small increase. But to put the numbers in historical perspective, the numbers under Wilson are still far below those of the pre-DiFiore past. Take a look:
As the graph shows, the Court's caseload was far greater in the past. Whether under Chief Judge Sol Wachtler, Judith Kaye, or Janathan Lippman, the Court typically decided well over 200 cases each year. Yes, there were a few years under Kaye when the numbers plunged below that number. But otherwise, the caseload hovered between 225 and in excess of 250.
(click to enlarge for a better view)
Whether it would be a positive development or not, the current caseload under Wilson would have to double to reach the customary caseloads under Wachtler, Kaye and Lippman.
(Again, unless otherwise noted, the figures are the result of my own research and do not simply duplicate the official reports.)In Part 2, we'll take a look at appeals granted by the Court--as opposed to by the Appellate Division or as of right.
