It’s time for another update on the Sixth Circuit statistics people ask about all the time. The most important is how long a Sixth Circuit appeal will take. Other than questions about the political leanings of individual judges, this is the most-asked question from clients. The latest numbers from the Judiciary show the median time from the notice of appeal to decision is about nine months, which is consistent with the last few years. That’s pretty fast, and good enough to be the fourth-fastest circuit. The Second Circuit has been getting slower over the past few years, and is now officially the slowest circuit at fifteen months. The Eighth Circuit is the fastest at just under five months.
The next most important question is likelihood of reversal. And there is some news here. I was surprised to find that reversals in civil cases have, like the rates the year before, stayed under 11%. The circuit’s historical reversal rate (see here and here) in civil cases has been between 13 to 16%, usually at the upper end of that range. Other circuits range from 6% in the Tenth Circuit to 15% in the Fifth Circuit. The Sixth Circuit’s reversal rate in criminal appeals is 5%, on the other hand, which is between its historical norm of 5-7%. The Eighth Circuits continued its long-term trend of becoming the absolute worst place to appeal to overturn a criminal conviction, reversing in just 1.5% of the criminal cases. That circuit also boasts the lowest rate for prisoner petitions, reversing less than 1% of the time. It’s difficult in any circuit to win a reversal in a criminal case, but the Eighth Circuit goes the extra mile, and then some, to avoid doing so.
The circuit fielded about 400 en banc petitions last year and 150 panel rehearing-only petitions, which is less than in previous years (thanks to the clerk’s office for the numbers). That mean that judges decided nine rehearing petitions, in addition to writing two opinions, each week. Given that the circuit only grants en banc rehearing 3-4 times each year, that drives home the importance of petitions and briefs that get to the point right away. We want to catch the judge’s interest in the first or second paragraph.
A few other notes: The circuit continues to have a significantly smaller caseload than it had five years ago, while being fully staffed and having 16 senior judges to help with the load. It continues to use visiting judges sparingly.
