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entitled 'Federal Judgeships: The General Accuracy of the Case-Related 
Workload Measures Used to Assess the Need for Additional District Court 
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May 30, 2003:

The Honorable Lamar Smith:

Chairman:

Subcommittee on Courts, the Internet,

and Intellectual Property:

Committee on the Judiciary:

House of Representatives:

Subject: Federal Judgeships: The General Accuracy of the Case-Related 
Workload Measures Used to Assess the Need for Additional District Court 
and Courts of Appeals Judgeships:

Dear Mr. Chairman:

Biennially, the Judicial Conference, the federal judiciary's principal 
policymaking body, assesses the judiciary's needs for additional 
judgeships.[Footnote 1] If the Conference determines that additional 
judgeships are needed, it transmits a request to Congress identifying 
the number, type (courts of appeals, district, or bankruptcy), and 
location of the judgeships it is requesting. In 2003, the Judicial 
Conference sent to Congress requests for 93 new judgeships--11 for the 
courts of appeals, 46 for the district courts, and 36 for the 
bankruptcy courts.[Footnote 2]

In assessing the need for additional judgeships, the Judicial 
Conference considers a variety of information, including responses to 
its biennial survey of individual courts, temporary increases or 
decreases in case filings, and other factors specific to an individual 
court. However, the Judicial Conference's analysis begins with the 
quantitative case-related workload measures it has adopted for the 
district courts and courts of appeals--weighted case filings and 
adjusted case filings, respectively. These two measures recognize, to 
different degrees, that the time demands on judges are largely a 
function of both the number and complexity of the cases on their 
dockets. Some types of cases may demand relatively little time and 
others may require many hours of work. Generally, each case filed in a 
district court is assigned a weight representing the average amount of 
judge time the case is expected to require. A case with a weight of 
3.0, for example, would be expected to take twice as much time as a 
case with a weight of 1.5. In the courts of appeals, pro se case 
filings--those in which one or both parties are not represented by an 
attorney--are weighted at 0.33 and all other case filings at 1.0.

Using these measures, individual courts whose past case-related 
workload meets the threshold established by the Judicial Conference may 
be considered for additional judgeships. These thresholds are 430 
weighted case filings per authorized judgeship for district courts and 
500 adjusted case filings per three-judge panel of authorized 
judgeships for the courts of appeals (courts of appeals judges 
generally hear cases in rotating panels of three judges each). 
Authorized judgeships are the total number of judgeships authorized by 
statute for each district court and court of appeals.

The Judicial Conference relies on these quantitative workload measures 
to be reasonably accurate measures of judges' case-related workload. 
Whether these measures are reasonably accurate rests in turn on the 
soundness of the methodology used to develop them. As agreed with your 
office, our objectives were to (1) determine whether the methods the 
Judicial Conference uses to quantitatively measure the case-related 
workload of district court and court of appeals judges results in a 
reasonably accurate measure of judges' case-related workload, (2) 
assess the reasonableness of any proposed methodologies to update the 
workload measures, and (3) obtain information from the Administrative 
Office of the U.S. Courts (AOUSC) on the steps the Judiciary takes to 
ensure that the case filing data required for these workload measures 
are accurate. The information for the last objective is presented in 
enclosure I. The scope of our work specifically excluded any analysis 
of how the Judicial Conference used the case-related workload measures 
to develop its current judgeship request.

Results in Brief:

The district court weighted case filings, as approved in 1993, appear 
to be reasonably accurate and are based on a reasonable methodology. 
However, they are about 10 years old, and we have concerns about the 
research design approved to update them.

Overall, the weighted case filings, as approved in 1993, appear to be a 
reasonably accurate measure of the average time demands that a specific 
number and mix of cases filed in a district court could be expected to 
place on the district judges in that court. The methodology used to 
develop the weights used a valid sampling procedure, developed weights 
based on actual case-related time recorded by judges from case filing 
to disposition, and included a measure (standard errors) of the 
statistical confidence in the final weight for each weighted case type. 
Without such a measure, it is not possible to assess the accuracy of 
the final case weights. However, the case weights are about 10 years 
old, and the data on which the weights were based are as much as 15 
years old. Changes since 1993, such as the characteristics of cases 
filed in federal district courts and changes in case management 
practices, may have affected whether the 1993 weights continue to be a 
reasonably accurate measure of the average time burden on district 
court judges resulting from a specific volume and mix of cases. Some of 
these changes may have increased time demands; others may have reduced 
time demands. To the extent that the current case weights understate or 
overstate the total case-related time demands on district judges, the 
weights could potentially result in the Judicial Conference 
understating or overstating the need for new district court judgeships.

The Judicial Conference's Subcommittee on Judicial Statistics has 
approved a research design for updating the current case weights, and 
we have some concerns about that design. The design would include 
limited data on the time judges actually spend on specific types of 
cases. Much of the time data used would be based on consensus estimates 
from groups of experienced judges. Such data cannot be used to develop 
an objective, statistical measure of the accuracy of the final case 
weights. Without such a measure, it is not possible to determine 
whether the case weights are in fact a reasonably accurate measure of 
case-related judge workload. In assessing the need for judgeships in 
specific courts, the Judicial Conference relies on the case weights to 
be a reasonably accurate measure of judges' case-related workload.

Unlike the district court case weights, the adjusted filings workload 
measure for appellate judges is not based on any empirical data 
regarding the time that different types of cases required of courts of 
appeals judges. The adjusted filings workload measure basically assumes 
that all cases have an equal effect on judges' workload with the 
exception of pro se cases--those in which one or both parties are not 
represented by a lawyer--which are weighted at 0.33, or one-third as 
much as all other cases. In the documentation we reviewed, we found no 
empirical data to support that assumption. The current court of appeals 
case-related workload measure, adopted in 1996, reflects an effort to 
improve the previous measure, which may have tended to overstate 
judgeship needs. At the time the current measure was developed and 
approved, using the new benchmark of 500 adjusted case filings resulted 
in judgeship numbers that closely approximated the judgeship needs of 
the majority of the courts of appeals, as the judges of each court of 
appeals perceived them. However, on the basis of the documentation we 
reviewed, there is no empirical basis on which to assess the accuracy 
of adjusted filings as a measure of case-related workload for courts of 
appeals judges.

Weighted Case Filings: District Judge Case-Related Workload Measure Is 
Reasonably Accurate, but 10 Years Old, and the Plan to Update It Raises 
Some Concerns:

The purpose of the district court case weights was to create a measure 
of the average judge time that a specific number and mix of cases filed 
in a district court would require. Importantly, the weights were 
designed to be descriptive not prescriptive--that is, the weights were 
designed to develop a measure of the national average amount of time 
that judges actually spent on specific types of cases, not to develop a 
measure of how much time judges should spend on various types of cases. 
Finally, the weights were designed to measure only case-related judge 
workload. Judges have noncase-related duties and responsibilities, such 
as administrative tasks, that are not reflected in the case weights.

Case Weights Measure Average Judicial Time Demands:

With a few exceptions, such as cases that are remanded to a district 
court from the courts of appeals, each civil and criminal case filed in 
a district court is assigned a case weight that varies from 0.031 (for 
cases involving defaulted student loans or veterans benefit 
overpayments) to 5.99 (for death penalty habeas corpus cases) based on 
the subject matter of the case.[Footnote 3] The weight of the overall 
average case is 1.0. All other case weights were established relative 
to this national average case.[Footnote 4] Thus, a case with a weight 
of 0.5 would be expected to require on average about half as much 
judicial time as the national average case. Conversely, a case with a 
weight of 2.0 would be expected to take twice as much time as the 
national average case. Case weights for criminal felony cases are 
applied on a per defendant basis.[Footnote 5] For example, the case 
weight for heroin/cocaine distribution is 2.27. A heroin/cocaine 
distribution case with two defendants would be weighted at 4.54--two 
times the assigned weight of 2.27. The actual amount of time a judge 
may spend on individual cases of any specific type may be more or less 
than the national average for that type of case.

The total annual weighted filings for a district are determined by 
summing the case weights associated with all the cases filed in the 
district during the year. Weighted case filings per authorized 
judgeship is the total annual weighted filings divided by the total 
number of authorized judgeships. For example, if a district had total 
weighted filings of 4,600 and 10 authorized judgeships, its weighted 
filings per authorized judgeship would be 460. The Judicial Conference 
uses weighted filings of 430 or more per authorized judgeship as an 
indication that a district may need additional judgeships. Thus, a 
district with 460 weighted filings per authorized judgeship could be 
considered for an additional judgeship.

In assessing judgeship needs, the weighted case filings are calculated 
using authorized judgeships (a number which includes any vacancies). 
This is a measure of the average workload per judge in a district court 
if all the court's authorized judgeships were filled. Calculating the 
weighted case filings per active judge--that is, on the basis of the 
number of authorized judgeships filled--would show the burden of 
existing vacancies on active judges, but not necessarily the need for 
more judgeship positions.

Case Weights Calculated in 1993 Using Time Data Recorded by Judges:

The Judicial Conference approved the use of the current district court 
case weights in 1993. The weights are based on a "case-tracking time 
study," conducted between 1987 and 1993, in which judges recorded the 
amount of time they spent on each of their cases included in the time 
study.[Footnote 6] The study included about 8,100 civil cases and about 
4,200 criminal cases that were generally "tracked" from filing to 
disposition.[Footnote 7] All judges who worked on each case were 
supposed to record the time they worked on the case.[Footnote 8]

Data collection for the time study began in November 1987. Districts 
were brought into the study over a 2-year period, with the last 
district entering the study in January 1990. When a district was 
brought into the study, a 2-week period was designated for sampling, 
during which all cases filed were included in the time study sample.

At the conclusion of the study, sample cases were grouped into civil 
and criminal cases, with individual subclassifications (case types) for 
each, such as "Contract: Insurance" and "Bank Robbery." Each sample 
case had a value associated with it, which was the total number of 
minutes reported by the district judge(s) who worked on it. The number 
of sample cases in the subclassifications ranged from 18 to 1,563. 
Within each subclassification, a simple average and a standard error 
were computed. The averages and standard errors were converted into 
relative values as the final step in creating the case weights--that 
is, all the weights were calculated relative to the time required for 
the average case in the study.

Methodology Used to Develop Case Weights Was Reasonable:

Overall, the weighted case filings, as approved in 1993, are a 
reasonably accurate method of measuring the average judge time that a 
specific number and mix of cases filed in a district court could 
require. The methodology used to develop the weights is reasonable. It 
used a valid sampling procedure, developed weights based on actual 
case-related time recorded by judges from case filing to disposition, 
and included a measure (standard errors) of the statistical confidence 
in the final weight for each weighted case type.

The sampling method was appropriately designed to ensure that all 
district judges and all case types could potentially be included in the 
sample. The staggered entries of districts into the study ensured the 
selection of case samples were taken throughout the year, reducing or 
eliminating bias due to seasonal variation in case filings. Every 
district court judge could potentially have been a participant in the 
study (depending on when the 2-week window was designated at a given 
district and case assignments during that period).

The method of recording the time spent on each case was designed to 
capture all judge time spent on a sample case. Although it was not 
possible to determine if all reportable judge time was in fact recorded 
and reported, validity checks on the reported time were made where 
possible. For example, judge-reported courtroom time in each sample 
case was compared with the time reported for the same case in the 
judiciary's database on courtroom proceedings.

The empirical data on hours expended on each case in the sample were 
used to develop the case weights. The case weights for specific types 
of cases were basically determined by dividing the total amount of time 
judges reported for that type of case by the number of such cases in 
the study. For example, if judges reported a total of 2,000 hours for 
200 cases of a specific type in the study, this would translate into 10 
hours per case. Sampling variability in the estimates based on the time 
study data was quantified and provided with the weights. The standard 
error that is associated with each weight provides an indicator of 
variability due to the weight being produced via a sample, rather than 
data from the universe of cases during the study period. The standard 
errors can be used to display the statistical reliability of the 
weighted case filings estimate for each district. Without some measure 
of statistical reliability, it is not possible to objectively assess 
how accurate the case weights are.

The case weights are relative weights. That is, each case weight was 
calculated relative to the average case as determined in the study, 
which was assigned a value of 1.0. For example, a case type with a 
weight of 2.0 would be expected to require twice as much judge time as 
the "average" case. Relative weights were determined by dividing the 
absolute weight of each type of case by the weight or value of the 
average case. The Federal Judicial Center (FJC) converted absolute 
weights to relative weights by dividing the absolute weight values by 
2.132. This value was chosen after FJC conducted research to determine 
how to produce a new set of relative weights that they considered to be 
comparable to the previous set of relative weights. As described by FJC 
officials, this approach was reasonable.

For the purposes of applying the national weights to individual 
districts, the methodology assumed two things: (1) that the district's 
judges were typical of district judges as a whole and (2) that the 
district's cases of any given type were typical of that case type as a 
whole. This may or may not have been true, but these are reasonable 
assumptions given the purpose of the study--to develop weights based on 
national averages, not to develop weights for individual districts or 
judges.

Research Design for Updating the District Court Case Weights Raises 
Concerns:

The case weights are almost 10 years old, and the time data on which 
they were based are as much as 15 years old. Changes since the case 
weights were finalized in 1993, such as changes in the characteristics 
of cases filed in federal district courts and in case management 
practices, may affect how accurately the weights continue to reflect 
the time burden on district court judges today. For example, since 
1993, new civil causes of action (such as telemarketing issues) and 
criminal offenses (new terrorism offenses) needed to be accommodated 
within the existing case-weight structure. According to FJC officials, 
where the new cause of action or criminal offense is similar to an 
existing case-weight type, the weight for the closest case type is 
assigned. Where the new cause of action or criminal offense is clearly 
different from any existing case weight category, the weight assigned 
is that for either "all other civil" for civil cases or "all other 
criminal" for criminal cases.

The Subcommittee on Judicial Statistics of the Judicial Conference's 
Judicial Resources Committee has approved the research design for 
revising the current case weights, with a goal of having new weights 
submitted to the Resources Committee for review in the summer of 2004. 
The research would be led by FJC, who developed the research design. 
Although the methodology for updating the case weights appears to offer 
the benefit of reduced judicial burden (no time study data collection), 
potential cost savings, and reduced calendar time to develop the new 
weights, we have some concerns about the basic research design.

Our principal concerns are two: the challenge of obtaining reliable, 
comparable data from two different automated data systems for the 
analysis and the limited collection of actual data on the time judges 
spent on cases. Essentially, the design for the new case weights relies 
on three sources of data for specific types of cases: (1) data from 
automated databases identifying the docketed events associated with 
cases; (2) data from automated sources on the time associated with 
courtroom events for cases; and (3) consensus estimates from 
structured, FJC-guided discussions among experienced judges on the 
judge-time required for noncourtroom events in the cases, such as 
reading briefs or writing opinions. The design assumes that judicial 
time spent on a given case can be accurately estimated by viewing the 
case as a set of individual tasks or events in the case. Information 
about event frequencies and, where available, time spent on the events 
would be extracted from administrative databases and reports, and then 
used to develop estimates of the judge-time spent on different types of 
cases. For event data, the research design proposes using new 
technology (the Case Management/Electronic Case Filing system) that is 
currently being introduced into the court system for recording case 
management information. However, not all courts have implemented the 
new system, and data from the existing and new systems will have to be 
integrated in the study. Successfully integrating the data from these 
two databases will be a challenge. FJC recognizes this and has 
developed a strategy for addressing the issues, which includes forming 
a technical advisory group from FJC, AOUSC, and individual courts to 
develop a method of reliably extracting and integrating data from the 
two case management systems for analysis.

Second, the design for developing the new weights does not require 
judges to record time spent on individual cases. A significant 
limitation of the time data to be used is that the time data available 
from existing databases and reports are limited to time associated with 
courtroom events and proceedings, while a majority of district judges' 
time is spent on case-related work outside the courtoom. The time 
required for noncourtroom events, such as reviewing briefs, will be 
based on the consensus of groups of experienced judges. Groups of 8 to 
13 district judges in each of the 12 circuits (about 100 in all) will 
meet in a series of structured discussions to develop estimates of the 
time required for different events in different types of cases within 
each circuit, using FJC-developed "default values" as the reference 
point for developing their estimates. These default values would be 
based in part on the existing case weights and in part on other types 
of analyses. Following this series of meetings, a national group of 24 
judges (2 from each circuit), using structured procedures, will 
consider the data from the 12 circuit groups and develop consensus time 
estimates for use in developing the weights. These consensus time 
estimates are likely to represent a majority of the judge time used to 
develop the new weights. These consensus data are dependent upon the 
experience and knowledge of the participating judges and the accuracy 
and reliability of the judges' recall about the average time required 
for different events in different types of cases--about 150 if all case 
types in the current case weights were used. The greater the number of 
events and types of cases for which judges are asked to make estimates, 
the greater the demands on judges to recall accurately the judge time 
associated with specific events and types of cases. These consensus 
data cannot be used to calculate statistical measures of the accuracy 
of the resulting case weights. Thus, it will not be possible to 
objectively, statistically assess how accurate the new case weights 
are--weights on whose reasonable accuracy the Judicial Conference will 
rely in assessing judgeship needs in the future.

A concurrent time study using "case tracking" or "diary" methods would 
be advisable to identify potential shortcomings of the event-based 
procedure and to assess the relative accuracy of the case weights that 
are produced using that procedure. In the absence of a concurrent time 
study, there would be no objective, statistical way to determine the 
accuracy of the case weights produced by the proposed event-based 
methodology.

Adjusted Case Filings: Courts of Appeals Judge Workload Measure Lacks 
Empirical Basis for Assessing Its Potential Accuracy:

The principal quantitative workload measure that the Judicial 
Conference uses to assess the need for additional courts of appeals 
judges is adjusted case filings. We found the adjusted filings workload 
measure is based on available data from standard statistical reports 
for the courts of appeals. The measure is not based on any empirical 
data about the judge time required by different types of cases in the 
courts of appeals.

The Judicial Conference's policy is that courts of appeals with 
adjusted case filings of 500 or more per three-judge panel may be 
considered for additional judgeships. Courts of appeals generally 
decide cases using constantly rotating three-judge panels. Thus, if a 
court had 12 authorized judgeships, those judges could be assigned to 
four panels of three judgeships each. The Conference may also consider 
factors other than adjusted case filings, such as the geography of the 
circuit or the median time from case filings to disposition. For 11 of 
the 12 courts of appeals, the Judicial Conference counts all case 
filings equally, with two exceptions. (There is no specific workload 
measure established for the D.C. circuit, as discussed later.) First, 
cases refiled and approved for reinstatement are excluded from total 
case filings.[Footnote 9] Second, two-thirds of pro se cases--defined 
by AOUSC as cases in which one or both of the parties are not 
represented by legal counsel--are deducted from total case filings 
(that is, they are effectively weighted at 0.33). For example, a court 
with 600 total pro se case filings in fiscal year 2001 would be 
credited with 198 adjusted pro se case filings (600 x 0.33). The 
remaining nonpro se cases would be weighted at 1.0 each. Thus, a court 
of appeals with 1,600 case filings (excluding reinstatements)--600 pro 
se cases and 1,000 nonpro se cases--would be credited with 1,198 
"adjusted" case filings (198 discounted pro se cases plus 1,000 nonpro 
se cases). If this court had 6 judges (allowing two panels of 3 judges 
each), it would have 599 adjusted case filings per 3-judge panel, and 
thus, under the Judicial Conference's policy, could be considered for 
additional judgeships.

The current case-related workload measure for courts of appeals judges, 
adopted in 1996, is similar in concept to the measure we reviewed in 
1993.[Footnote 10] Table 1 illustrates the similarities and differences 
in the two measures. Although the current workload measure is expressed 
in terms of appellate case filings, both the 1986 and 1996 case-related 
workload measures are based on assumptions about the judge workload 
associated with merit dispositions. Merit dispositions are cases that 
are decided on the legal rights of the parties to the case rather than 
on technical issues, such as lack of federal jurisdiction.

The workload measure we reviewed in 1993 was based on 5-year averages 
of merit dispositions in each circuit separately, and the result was 
not necessarily comparable among circuits because of the different 
methods that each circuit used to decide its cases. The current measure 
uses a single national standard for all circuits. Using national data 
on merit dispositions as a percentage of case filings in 1994, the 
current workload measure was based on the assumption that nationally 
about 55 percent of all appellate case filings--except for pro se 
filings and reinstated filings--result in merit dispositions. Thus, 500 
adjusted case filings would represent 275 merit dispositions--or 20 
more than the 255 used in the 1986 measure. The increase from 255 to 
275 was basically a matter of establishing equity between the district 
courts and courts of appeals workload thresholds. To be considered for 
additional district court judgeships, the Judicial Conference had 
raised the threshold from 400 to 430 weighted case filings per 
judgeship (a 7.5-percent increase). The new merit dispositions standard 
raised the threshold for courts of appeals from 255 to 275 merit 
dispositions (a 7.8-percent increase).

Table 1: A Comparison of the 1986 and 1996 Methods of Measuring Case-
Related Workload for Courts of Appeals Judges:

[See PDF for image]

[End of table]

The current court of appeals case-related workload measure represents 
an effort to improve the previous measure. As we noted in our 1993 
report, using the previous measure the courts of appeals' own 
restraint, not the workload standard, seemed to have determined the 
actual number of appellate judgeships the Judicial Conference 
requested. At the time the current measure was developed and approved, 
using the new benchmark of 500 adjusted case filings resulted in 
judgeship numbers that closely approximated the judgeship needs of the 
majority of the courts of appeals, as the judges of each court 
perceived them. The current court of appeals case-related workload 
measure principally reflects a policy decision using historical data on 
filings and terminations. In 1995, the Subcommittee on Judicial 
Statistics of the Judicial Conference's Judicial Resources Committee 
sent a survey to the chief judge of each circuit court of appeals. In 
the responses, there was no agreement that either the 500 adjusted 
filings standard or a weight of 0.33 for pro se cases were the 
appropriate standards. Unlike the district court case weights, the 
adjusted filings workload measure is not based on empirical data 
regarding the judge time that different types of case may require. On 
the basis of the documentation we reviewed, we determined there is no 
empirical basis for assessing the potential accuracy of adjusted 
filings as a measure of case-related judge workload.

The D.C. Circuit--Adjusted Case Filings Not Applicable to Its Unusual 
Caseload:

In a report to a Judicial Conference subcommittee,[Footnote 11] FJC 
discussed some of the distinctive features of the Court of Appeals for 
the D.C. Circuit. The report noted that approximately 30 percent of the 
circuit's filings in fiscal years 1996-1997 were administrative agency 
appeals that occur almost exclusively in the D.C. circuit and were more 
burdensome than other cases in several aspects. On average, these 
cases:

had more independently represented participants per case;

were more likely to have participants with multiple objectives, involve 
complex or statutory law, and require the mastery of technical or 
scientific information;

had more briefs filed per case;

had a higher proportion of cases that were terminated; and:

had a higher rate of case consolidation (where two or more cases are 
combined for decision).

The report concluded that the need for additional judgeships in the 
D.C. circuit should not be measured using the general workload 
threshold of 500 adjusted case filings per 3-judge panel. However, 
because no information was available on judges' actual time 
expenditures, there was no empirical basis for suggesting a specific 
alternative formula for assessing the D.C. circuit's judgeship needs. 
The report also concluded that the D.C. circuit's remaining caseload--
that is, all cases other than administrative agency appeals--was 
generally not distinguishable from the caseloads of the other circuits. 
The report suggested several possible ways to integrate the D.C. 
circuit into the existing adjusted weighted filings system, such as 
giving greater weight to federal agency appeals or lowering the general 
threshold of 500 adjusted filings per 3-judge panel for the D.C. 
circuit. The Judicial Conference has not yet adopted any specific 
workload measure for the D.C. circuit. However, the Judicial Conference 
requested no additional judgeships for the D.C. circuit in 2003.

No Judicial Conference Consensus on How to Revise Adjusted Filings 
Workload Measure:

In 1993, we recommended that the Judicial Conference improve its 
workload measure for the courts of appeals.[Footnote 12] In the last 
decade, the Judicial Conference has considered a number of proposals 
for developing a revised case-related workload measure for courts of 
appeals judges, but the Conference has been unable to reach a consensus 
on any approach. As part of its assistance to the Conference in this 
effort, FJC in 2001 compiled a document that reviewed previous 
proposals to develop some type of case weighting measure for the courts 
of appeals.[Footnote 13] Table 2 outlines some of these proposals and 
their advantages and disadvantages, as identified by FJC.

Table 2: Past Proposals to Revise the Case-Related Workload Measure for 
Courts of Appeals Judges:

[See PDF for image]

[End of table]

Additionally, there are more proposals that are variations of the above 
or combinations of the above. Some of these possibilities have more 
potential than others. Generally, methods that rely principally on 
empirical data on actual case characteristics and judge behavior (e.g., 
time expended on cases) are more appropriate than those that rely 
principally on qualitative data because statistical methods can be used 
to estimate the accuracy of the resulting workload measure.

Conclusions:

Overall, the methodology used to develop the district court case 
weights is reasonable, and the resulting case weights are a reasonably 
accurate measure of district court judge case-related workload. 
However, the weights are about 10 years old, and the time data on which 
they are based are as much as 15 years old. Consequently, it is 
uncertain whether the case weights continue to be a reasonably accurate 
measure of the average district judge time burden resulting from a 
specific volume and mix of cases. The Judicial Conference's 
Subcommittee on Judicial Statistics has approved a research design for 
updating the current case weights, about which we have two concerns. 
The design would rely in large part on data from two different case 
management data systems and it will be a challenge to reliably and 
usefully integrate the data from these two systems for analysis. FJC 
recognizes this and is developing a strategy for addressing the issue. 
Second, the design includes limited actual data on the time district 
judges spend on different types of cases. All the data on noncourtroom 
time will be based on estimates developed by 13 groups of experienced 
judges (about 124 in all) using structured, guided discussions. These 
data cannot be used to calculate statistical measures of the accuracy 
of the resulting case weights. Thus, it will not be possible to 
objectively, statistically assess how accurate the new case weights 
are--weights on whose reasonable accuracy the Judicial Conference will 
rely in assessing judgeship needs in the future.

The adjusted case filings workload measure used for the courts of 
appeals is not based on actual data about the time that courts of 
appeals judges expend on different types of cases. Rather, it 
represents a policy judgment of the appropriate workload benchmark for 
considering new judgeships that is based on an analysis of past trends 
in case filings and merit dispositions. Because of the lack of 
empirical data on the time demands on courts of appeals judges, neither 
we nor the judiciary can assess whether adjusted filings is a 
reasonably accurate measure of the workload of courts of appeals 
judges. Any methodology to revise the current workload measure that 
relies solely on qualitative data is unlikely to provide reasonably 
reliable and verifiable estimates of judges' workload. In 1993, we 
recommended that the Judicial Conference develop a better measure of 
the workload of courts of appeals judges. Although the Conference has 
studied many potential methods of improving its workload measure, it 
has been unable to agree on any methodology for doing so.

We recognize that a methodology that provides greater empirical 
assurance of a workload measure's accuracy will require judges to 
document how they spend their time on a cases for at least some period 
of weeks. We believe that, given the importance and cost of federal 
judgeships, this would be a good investment to ensure that the workload 
measures that are used to support judgeship requests are reasonably 
accurate and based on the best data available using sound research 
methods.

Recommendations:

We recommend that the Judicial Conference of the United States:

* update the district court case weights using a methodology that 
supports an objective, statistically reliable means of calculating the 
accuracy of the resulting weights; and:

* develop a methodology for measuring the case-related workload of 
courts of appeals judges that supports an objective, statistically 
reliable means of calculating the accuracy of the resulting workload 
measures and that addresses the special case characteristics of the 
Court of Appeals for the D.C. Circuit.

Agency Comments and Our Response:

We provided the Director of the Administrative Office of the United 
State Courts and the Director of the Federal Judicial Center with a 
draft of this report for comment. Both provided technical comments, 
which were incorporated into the report as appropriate. In a May 27, 
2003 letter, the Chair of the Committee on Judicial Resources of the 
Judicial Conference of the United States provided comments (see enc. 
III) that offered four major observations: (1) the case-related 
workload in each court district court and court of appeals for which 
the Judicial Conference has requested one or more judgeships 
considerably exceed the minimum thresholds the Conference has 
established for considering additional judgeships in district courts 
and courts of appeals; (2) we did not provide the full context in which 
the Judicial Conference uses the district court case weights in 
assessing district court judgeship needs; (3) the workload of the 
courts of appeals entail important factors that have defied 
measurement, including significant differences in case processing 
techniques; and (4) we did not fully and accurately describe the full 
context of the new district court case weighting study.

With regard to the first two observations, the scope of our work was 
limited to an assessment of the relative accuracy of the weighted case 
filings and adjusted case filings measures of district court judge and 
courts of appeals judge workload, respectively. Our report clearly 
states that the workload measures we reviewed are one of many factors 
the Judicial Conference considers in assessing judgeship needs, 
although the assessment begins with these workload measures. With 
regard to the courts of appeals, we recognize that there are 
significant methodological challenges in developing a more precise 
workload measure for the courts of appeals. However, using the data 
available, neither we nor the Judicial Conference can assess the 
accuracy of adjusted case filings as a measure of the case-related 
workload of courts of appeals judges. We believe it is premature to 
conclude that it is not possible to develop a case-related workload 
measure for courts of appeals judges whose accuracy can be reasonably 
determined.

The Deputy Director of FJC provided comments in a May 27, 2003 letter 
(see enc. IV). Both the FJC Deputy Director and the Chair of the 
Judicial Conference's Committee on Judicial Resources said that we did 
not fully describe the proposed methodology for updating the district 
court case weights and why this methodology could produce case weights 
whose accuracy could be reasonably assessed. We have added language to 
the report that provides more detail on the iterative Delphi technique 
that would be used to develop the consensus estimates of the judge time 
required for noncourtroom events in many different types of cases. FJC 
agrees that the Delphi methodology would not support the calculation of 
standard errors for the new case weights, but said that it would allow 
FJC to assess the integrity of the resulting case weight system. We do 
not believe that the proposed methodology can be used to assess the 
accuracy of weights based in large part on consensus data. The Delphi 
technique of guided, structured discussions inherently relies for its 
accuracy and reliability on the experience and knowledge of the 
participating judges and the accuracy and reliability of judges' recall 
about the average time required for different events in many different 
types of cases--about 150 if all case types in the current weights were 
used. The greater the number of events and types of cases for which 
judges are asked to make estimates, the greater the demands on judges 
to recall accurately the judge time required by those events and types 
of cases. Generally, the Delphi technique is most appropriate when more 
precise analytical techniques are not feasible and the issue could 
benefit from subjective judgments on a collective basis. However, more 
precise analytical techniques are available and were used to develop 
the current district court case weights. We believe that any 
methodology used should support the calculation of standard errors. 
Such statistical measures are essential for assessing the potential 
error of the weighted case filings for any specific district that has 
requested additional judgeship(s).

We believe that the importance and cost of creating new federal 
judgeships requires the best possible case-related workload data to 
support the assessment of the need for more judgeships. The methodology 
approved for the revision of the bankruptcy case weights offers an 
approach that could be usefully adopted for the revision of the 
district court case weights. The bankruptcy court methodology would use 
a two-phased approach. First, new case weights would be developed based 
on the time data recorded by bankruptcy judges for a period of weeks--
a methodology very similar to that used to develop the current 
bankruptcy case weights. The accuracy of the new case weights could be 
assessed using standard errors. The second part represents experimental 
research to determine if it is possible to make future revisions to the 
weights without conducting a time study. The data from the time study 
can be used to validate the feasibility of this approach. If the 
research determines this is possible, the case weights could be updated 
more frequently with less cost than required by a time study. We 
believe this methodology would provide (1) more accurate weighted case 
filings than the design proposed for revising the district court case 
weights and (2) a sounder method of developing and testing the accuracy 
of case weights that were developed without a time study.

Objectives, Scope, and Methodology:

As agreed with your office, our objectives were to (1) determine 
whether the methods the Judicial Conference uses to quantitatively 
measure the case-related workload of district court and court of 
appeals judges results in a reasonably accurate measure of judges' 
case-related workload, (2) assess the reasonableness of any proposed 
methodologies to update the workload measures, and (3) obtain 
information from the AOUSC on the steps the Judiciary takes to ensure 
that the case filing data required for these workload measures are 
accurate. To do this, we obtained and reviewed documentation on the 
methodology used to develop the existing workload measures and 
proposals to revise those measures from AOUSC and FJC and interviewed 
officials at both agencies. We based our assessments on our experience 
with and knowledge of sound research design and generally accepted 
statistical analysis methods. We also obtained information on the 
methods the judiciary uses to ensure the accuracy of the case filings 
data on which the workload measured rely. Although the Judicial 
Conference considers a number of factors in assessing judgeship needs 
for the district courts and courts of appeals, our work focused only on 
the relative accuracy of the weighted case filings and adjusted case 
filings measures. We did our work in Washington, D.C., in April and May 
2003.

- - - -:

We will send copies of this report to interested congressional 
committees, the Director, Administrative Office of the U.S. Courts; 
Director, Federal Judicial Center; and the Chair, Committee on Judicial 
Resources, Judicial Conference of the United States. We will make 
copies available to others on request. In addition, this report will be 
available at no charge on GAO's Web site at http://www.gao.gov.

If you have any questions about this report, please contact me at (202) 
512-8777. The key contributors to this report were David Alexander, 
Kriti Bhandari, Rochelle Burns, and Chris Moriarity.

Sincerely yours,

William O. Jenkins, Jr.

Director, Homeland Security and Justice Issues:

Signed by William O. Jenkins, Jr.

Enclosures - 4:

Enclosure I:

Quality Assurance Steps the Judiciary Takes to 
Ensure the Accuracy of Case Filing Data for Weighted Filings:

Whether the district court case weights are a reasonably accurate 
measure of district judge case-related workload is dependent upon two 
variables: (1) the accuracy of the case weights themselves and (2) the 
accuracy of classifying cases filed in district courts by the case type 
used for the case weights. If case filings are inaccurately identified 
by case type, then the weights are inaccurately calculated. Because 
there are fewer categories used in the courts of appeals workload 
measure, there is greater margin for error. The database for the courts 
of appeals should accurately identify (1) pro se cases (2) reinstated 
cases, and (3) all cases not in the first two categories.

All current records related to civil and criminal filings that are 
reported to the Administrative Office of the U.S. Courts (AOUSC) and 
used for the district court case weights are generated by the automated 
case management systems in the district courts. Filings records are 
generated monthly and transmitted to AOUSC for inclusion in its 
national database. On a quarterly basis, AOUSC summarizes and compiles 
the records into published tables, and for given periods these tables 
serve as the basis for the weighted caseload determinations.

In responses to written questions, AOUSC described numerous steps taken 
to ensure the accuracy and completeness of the filings data, including 
the following:

* Built-in, automated quality control edits are done when data are 
entered electronically at the court level. The edits are intended to 
ensure that obvious errors are not entered into a local court's 
database. Examples of the types of errors screened for are the district 
office in which the case was filed, the U.S. Code title and section of 
the filing, and the judge code. Most district courts have staff 
responsible for data quality control.

* A second set of automated quality control edits are used by AOUSC 
when transferring data from the court level to its national database. 
These edits screen for missing or invalid codes that are not screened 
for at the court level, such as dates of case events, the type of 
proceeding, and the type of case. Records that fail one or more checks 
are not added to the national database and are returned electronically 
to the originating court for correction and resubmission.

* Monthly listings of all records added to the national database are 
sent electronically to the involved courts for verification.

* Courts' monthly and quarterly case filings are monitored regularly to 
identify and verify significant increases or decreases from the normal 
monthly or annual totals.

* Tables on case filings are published on the Judiciary's intranet for 
review by the courts.

* Detailed and extensive statistical reporting guidance is provided to 
courts for reporting civil and criminal statistics. This guidance 
includes information on general reporting requirements, data entry 
procedures, and data processing and reporting programs.

* Periodic training sessions are conducted for district court staff on 
measures and techniques associated with data quality control 
procedures.

AOUSC did not identify any audits to test the accuracy of district 
court case filings or any other efforts to verify the accuracy of its 
electronic data by comparing the electronic data to "hard copy" case 
records for district courts. Within the limited time for our review, 
AOUSC was unable to obtain information from individual courts to 
include in its responses. We have no information on how effective the 
procedures AOUSC described may be in ensuring that the data in the 
automated databases were accurate and reliable means of assigning 
weights to district court case filings.

Enclosure II:

Measuring Judicial Workload Using the Collection of Time Study Data:

The current bankruptcy court and district court workload measures were 
developed using data collected from time studies. The district court 
time study took place between 1987 and 1993, and the bankruptcy court 
time study took place between 1988 and 1989.

Different procedures were used in these two time studies. The 
bankruptcy court time study protocol is an example of a "diary" study, 
where judges recorded time and activity details for all of their 
official business over a 10 week period. The district court time study 
protocol is an example of a "case-tracking" study, where a sample of 
cases were selected, and all judges who worked on a given sample case 
recorded the amount of time they spent on the case. Time studies, in 
general, have the substantial benefit of providing quantitative 
information that can be used to create objective and defensible 
measures of judicial workload, along with the capability to provide 
estimates of the uncertainty in the measures.

Estimating Judge Time in Diary and Case-Tracking Studies:

At the conclusion of a case-tracking study, total time spent on each 
sample case closed during the study period is readily available by 
summing the recorded times spent on the case by each judge who worked 
on the case. For a given case type, the summed recorded times can be 
averaged to obtain an estimate of the average judicial time per case 
for that case type.

For a diary study, however, it is necessary to make estimates of 
judicial workload for all cases that were not both opened and closed 
during the data collection period. This estimation step requires 
information from the caseload database, and thus the accuracy of 
estimates depends in part on the accuracy of the caseload data. Two 
kinds of information are required from the caseload database: case type 
and length of time the case has been open. Using these data and the 
time data judges have recorded for specific cases, estimates can be 
made of the overall time required for cases that were not opened and 
closed during the calendar period covered by the diary study.

Comparing Case-Tracking Studies and Diary Studies:

Each study type has advantages and disadvantages. The following 
outlines the similarities and differences in terms of burden, 
timeliness of data collection, post-data collection steps, accuracy, 
and comprehensiveness.

Burden on Participants:

Each study type places burden on judicial personnel during data 
collection. It is not clear that one study type is less burdensome than 
the other. The diary study procedure requires more concentrated effort, 
but data are collected for a shorter period of time.

Timeliness of Data Collection:

Data collection for a diary study can be completed more quickly than 
for a case-tracking study.

Post Data Collection Steps:

More effort is needed to convert diary study data to judicial workload 
estimates than case-tracking study data. Also, the accuracy of 
estimates from diary study data depends in part on the accuracy and 
objectivity of the information in the caseload database.

Data Accuracy:

It is not clear that one study type collects more accurate data than 
the other study type. Some of the bankruptcy court case-related time 
study data could not be linked to a specific case type due to 
misreporting errors and/or errors in the caseload database. Some error 
of this type likely is unavoidable because of the requirement to record 
all time rather than record time for specific cases only. However, it 
is plausible that a diary study collects higher quality data, on 
average, because all official time is to be recorded during the study 
period; judicial personnel become accustomed to recording their time. 
In contrast, the data quality for a case-tracking study could decline 
over the study's length; for example, after a substantial proportion of 
the sample cases are closed, judicial personnel could become less 
accustomed to recording time on the remaining open cases.

Comprehensiveness and Efficiency:

In theory, a case-tracking study collects more comprehensive 
information about judicial effort on a given case than a diary study, 
because data for a sampled case almost always are collected over the 
duration of the case. (Data collection may be terminated for a few 
cases that remain open, or are reopened, many years after initial 
filing.):

With the diary approach, the total judicial time that is required for 
lengthy case types is estimated by combining "snap shots" of the time 
required by such cases of different ages. Thus, in theory, producing 
accurate weights for lengthy case types is not problematic. In 
practice, however, difficulties may be encountered. For example, in the 
1988-1989 bankruptcy time study, the asset and liability information 
for cases older than 22 months was inadequate and appropriate 
adjustments had to be made. In addition, difficulties may arise if only 
a small number of cases of the lengthy type are in the system. This is 
an issue FJC said it is considering as it finalizes how to assess the 
judicial work associated with mega cases in the upcoming bankruptcy 
case-weighting study.

Enclosure III:

Comments from the Chair of the Judicial Resources Committee,

Judicial Conference of the United States:

UNITED STATES COURT OF APPEALS SECOND CIRCUIT:

CHAMBERS OF DENNIS JACOBS CIRCUIT JUDGE:

UNITED STATES COURTHOUSE FOLEY SQUARE NEW YORK. NEW YORK 10007:

May 27, 2003:

William O. Jenkins, Jr.

Director, Homeland Security and Justice Issues General Accounting 
Office:

441 G Street, NW Washington, DC 20548:

RE: Draft correspondence on "Federal Judgeships: The General Accuracy of 
the Case-Related Workload Measures Used to Assess the Need for 
Additional District Court and Courts of Appeals Judgeships" (GAO-03-
788R):

Dear Mr. Jenkins:

Thank you providing a draft copy of "Federal Judgeships: The General 
Accuracy of the Case-Related Workload Measures Used to Assess the Need 
for Additional District Court and Courts of Appeals Judgeships" for 
comment. The time constraint is such that my comments are less 
comprehensive than I would wish. But I do want to convey a few salient 
observations.

The General Accounting Office (GAO) finds that the current case weights 
used in formulating the judiciary's judgeship requests are "reasonably 
accurate" and based on a "reasonable" methodology. The focus of the 
critique is on the techniques for fine-tuning those numbers over time. 
I have three observations.

1. All of the current judgeship requests pending before Congress are to 
augment courts in which the workloads far outstrip the threshold 
standards reflected by the formulas. Thus, although the guideline for 
district courts is a weighted caseload of 430, all of the requests for 
additional district judgeships are for courts in which the weighted 
caseload per judgeship is 491 and higher. Similarly, although the 
guideline for circuit courts is an adjusted caseload of 500, all of the 
requests for additional circuit judgeships are for courts in which 
adjusted filings per panel are 583 and higher. These workloads 
transcend any deviations that superior fine-tuning could correct.

2. The GAO report does not explain the role of the case weights in the 
full context of the process through which the Judicial Conference 
develops its judgeship recommendations. While important to the Judicial 
Conference's process for evaluating judgeship needs in the district 
courts and courts of appeals, the weighted caseload in an individual 
court is only the starting point. A recommendation to create a new 
judgeship is not strictly formulaic in any sense, and is based on 
numerous other factors considered after a court has satisfied the 
guideline of 430 weighted filings per district judgeship or 500 
adjusted filings per circuit panel. These factors include: a) careful 
review of the court's use of senior, visiting, and magistrate judges to 
assist in handling the caseload;

b) consideration of whether the court's workload situation may be 
transient (and would not therefore justify recommending an additional 
judgeship even if weighted filings are in excess of the guideline); c) 
review of the court's use of alternative dispute resolution or other 
methods to better manage caseload; and d) consideration of a temporary 
(rather than permanent) judgeship if the caseload level justifying an 
additional judgeship arose only in the most recent years, or when an 
additional judgeship would reduce the court's per judgeship or panel 
caseload close to the guideline.

Moreover, the development of a judgeship recommendation requires 
several levels of review involving the collective judgment of the 
individual court, the circuit judicial council, the Subcommittee on 
Judicial Statistics, the Judicial Resources Committee, and the Judicial 
Conference. It is a reasoned, conservative approach that results in 
requests for far fewer judgeships than would be called for by a 
mechanical application of caseload guidelines. This is true for circuit 
judgeships as well as district judgeships.

As to the circuit courts, a simpler methodology is used to calculate 
the adjusted filings. This methodology has served the judiciary's needs 
for developing the baseline for considering requests for additional 
appellate judgeships. The judiciary has considered various other 
methodologies over the last several years, but the workloads in the 
courts of appeals entail important factors that have defied 
measurement, including the significant differences in the courts' case 
processing techniques.

3. I am disappointed that the GAO report does not fully or accurately 
depict the context of the new district court case weighting study. This 
study, which involves no changes to the role of weighted filings in the 
decision-making process, is intended to serve as a bridge from the 
current set of weights to an updated set that takes into account the 
legislative and case-management changes occurring in the past ten 
years. The Subcommittee on Judicial Statistics, which is a subcommittee 
of the Judicial Resources Committee, does not intend to start from 
scratch; it will use substantial data already collected and the current 
case weights will serve as "anchors" in the development of
updated case weights. Moreover, the report does not adequately describe 
the sophisticated methodology designed by the Federal Judicial Center 
(FJC) for collecting input from judges. The Committee was informed by 
the FJC that the Delphi technique is commonly used and is a 
scientifically valid way of developing this kind of information from 
subject matter experts, such as from judges about the work of judges. I 
am advised that numerous state court systems apply this technique for 
developing case weights and judgeship formulas. While the GAO observes 
that other techniques may be even more statistically accurate, the GAO 
does not consider the substantial increased costs and time delays 
involved in attaining what we believe is likely to offer little or no 
added value for the investment.

The Judicial Resources Committee and its Subcommittee on Judicial 
Statistics take very seriously our responsibilities for proposing 
effective case weight formulas, for identifying other factors that 
affect judgeship needs, for assisting courts in weighing and coping 
with their needs, for scrutinizing every request, and for ensuring that 
our judgeship requests are based on sound and rigorous requirements.

Sincerely,

Dennis Jacobs:

Chair, Committee on Judicial Resources:

Signed by Dennis Jacobs:

[End of section]

Enclosure IV:

Comments from the Federal Judicial Center:

THE FEDERAL JUDICIAL CENTER:

THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING ONE COLUMBUS CIRCLE, N.E. 
WASHINGTON, DC 20002-8003:

RUSSELL R. WHEELER DEPUTY DIRECTOR

May 27, 2003:

William O. Jenkins, Jr.

Director, Homeland Security and Justice Issues:

General Accounting Office Washington, D.C. jenkinswo@gao.gov:

RE: Draft correspondence on "Federal Judgeships: The General Accuracy 
of the Case Related Workload Measures Used to Assess the Need for 
Additional District Court and Courts of Appeals Judgeships" (GAO-03-
788R):

Dear Mr. Jenkins:

This responds, on behalf of the Federal Judicial Center, to your May 22 
letter inviting agency comment on the draft correspondence referenced 
above, prepared by your office at the request of the Chairman of the 
House Judiciary Subcommittee on Courts, the Internet, and Intellectual 
Property. We have provided you technical comments separately, as you 
requested.

The relatively brief time you were able to provide us to review the 
draft correspondence, although understandable in light of the project 
schedule, obliges us to limit our comments to pp. 9-11 ("Research 
Design for Updating District Court Case Weights Raises Concern"). The 
research design prepared by the Center for the Judicial Resources 
Committee's Statistics Subcommittee, and approved with some 
modification by the Subcommittee, differs in several ways from the 
methods used to calculate the current weights. We anticipate that this 
design will yield reliable case weights and provide the additional 
benefits that you describe at p. 9-reduced burden on judges (and, we 
note, on staff both in chambers and in the clerks offices), potential 
cost savings, and more rapid development of the weights for use in the 
judgeship estimation process.

Your description of the research design (p. 10) is basically accurate 
but, as a brief summary, omits some necessary elements that, we 
believe, should allay the two concerns that you express about the 
design.

You note first the challenge that we will face in obtaining necessary 
data from the different automated systems that the district courts will 
be using during the study. We recognize this challenge, as you note, 
and have taken several steps to meet it. One is the formation of the 
FJC-AO-courts technical advisory group that you describe at p. 10. In
addition, we will survey court operations managers about docketing 
practices and systems to ensure that procedures for extracting data 
account for important differences among courts. We have also identified 
collateral data sources that we will analyze for event information 
(e.g., JS-10 data and PACER docket sheets) if extractions from 
individual courts prove problematic.

Second, you are concerned that the design will not require judges to 
record contemporaneously the time they spend on cases. Case weights 
developed from the new study will rely on two categories of time 
expenditure measures: actual and estimated time. We agree that the 
method used to obtain estimated time expenditures will not permit the 
calculation of a standard error term around a resulting time estimate 
and therefore a case weight, and thus, in that sense, the resulting 
case weights might be considered somewhat less objective than would 
case weights using data derived from a properly executed diary or case-
tracking study.

We disagree, however, that the absence of standard error calculations 
will preclude us from assessing the integrity of the resulting case 
weights system, because we will rely on the alternative procedures 
described below. Specifically, we will use a variation of the Delphi 
method to obtain estimates of the time required to complete various 
case activities. The Delphi method, widely used in state courts to 
develop weighted caseload measures, is an iterative process designed to 
produce consensus decisions among participating experts. In this study, 
district judges are the experts and their task is to decide on 
appropriate estimates of the average time district judges expend on 
specific case-related events.

The first step in this process will be to convene representative groups 
of eight to thirteen district judges, meeting within each of the 12 
regional circuits (approximately 100 judges in all) to obtain time 
estimates that represent the cases and practices within the circuit. 
Each work session will take place over one-and-a half to two days; 
Center staff will facilitate each session, using a standardized 
protocol.

The activities that the groups of judges will assess in these 
individual work sessions will include such events as conducting a 
conference, conducting a motion hearing, preparing an order on a 
dispositive motion, preparing an order on a discovery motion, and 
preparing to begin trial. We will provide the judges with a default 
value for each event, in order to anchor their initial time judgments. 
Accurate default values can be expected to enhance the reliability of 
the judgment process. About half of the default values are derived from 
actual time-reports that were either collected from judges during the 
1993 case weights study or were reported on JS-10 forms.[NOTE 1] 
Judges will be encouraged to depart from the 
default values only if their experiences, revealed in the focused 
interchanges in the circuit meeting, suggest that a departure will 
improve the accuracy of the estimate. We expect such departures to 
result in case type-specific event estimates that are both above and 
below the default value.

Following this series of meetings, a national group of 24 judges (2 
from each circuit, some of whom may have participated in the circuit-
based meetings) will consider the information provided by the circuits, 
and using structured procedures, will arrive at consensus estimates for 
case activities that best represent the national practice.

Although this method does not permit a statistical assessment of 
standard error for consensus-based estimates, the method can be 
evaluated on the basis of adherence to the procedures, summarized 
above, that we will use to gather the data and promote their 
reliability.

The Federal Judicial Center appreciates the opportunity to comment on 
the draft correspondence. Please contact me or members of the project 
team if you need additional information.

Cordially,

Russell Wheeler:

Signed by Russell Wheeler:

NOTE:

[1] The default values derived from JS-10 reports will be obtained by 
regression analysis. Independent variables are frequency counts for 
specific nontrial proceedings and the dependent variable is time 
expenditure (in half-hour increments). The values so derived represent 
averages that make no distinction among case types. These default 
values may represent sound estimates for most case types, but circuit-
based judge groups may find them inappropriate for some case types. If 
the judge groups conclude that a default value does not apply to a 
given case type, they are likely to depart from the JS-10 defaults, 
despite the defaults having been derived from objective data.

[End of section]

(440195):

FOOTNOTES

[1] The Chief Justice of the United States presides over the 
Conference, which consists of the chief judges of the 13 courts of 
appeals, a district judge from each of the 12 geographic circuits, and 
the chief judge of the Court of International Trade. The Conference 
meets twice a year.


[2] This report covers the methodology used to develop the case-related 
workload measures for district court and courts of appeals judges. We 
recently testified on the methodology used to develop the case-related 
workload measure for bankruptcy judges. (See Federal Bankruptcy Judges: 
Weighted Case Filings as a Measure of Judges' Case-Related Workload, 
GAO-03-789T (Washington, D.C.: May 22, 2003)).

[3] Weights are assigned to each civil case counted as an original 
filing, removal from state courts, or interdistrict transfer (transfers 
from one district to another). Weights are also assigned to each felony 
defendant counted as an original filing, reopened filing, or 
interdistrict transfer. Generally, felonies are those crimes that carry 
a term of imprisonment of more than 1 year. Weights are not assigned to 
civil cases remanded to the district courts from the courts of appeals, 
reopened cases, or multidistrict litigation transfers--cases 
transferred to a single district from a number of districts for 
disposition, such as asbestos or breast implant litigation.


[4] Some types of civil cases were weighted differently if they 
involved the United States as a party or were removed from state court 
to federal court.


[5] The weights do not include nonfelony criminal cases, which are 
generally the responsibility of magistrate, not district, judges.

[6] The time study for bankruptcy courts was a "diary study" in which 
judges recorded the time spent on case-related and noncase-related work 
during a 10-week period. Although each method has different strengths 
and limitations, each method can produce useful, reasonably accurate 
results. Enclosure II includes a comparison of these two methodologies.


[7] Not all cases were completed by the end of the study; some were 
still pending.


[8] This included district judges, senior judges, magistrate judges, 
and visiting judges. District judges--nonsenior and senior--exercise 
the full judicial authority vested in the district courts. Nonsenior 
district judges are those who hold a designated judgeship position and 
generally carry a full caseload. Senior district judges are judges who 
have retired from regular, full-time active service but remain on the 
bench and perform such judicial duties as they are willing and able. 
Magistrate judges, appointed for a fixed term of years, exercise the 
judicial duties permissible by statute and the Constitution that the 
district courts delegate to them. Visiting judges are those visiting 
from their "home court" to assist in addressing the workload of the 
court they are visiting. Visiting judges may or may not be senior 
judges. Time reported by magistrate judges was not included in the 
final computations of the case weights.

[9] Such cases were dismissed for procedural defaults when originally 
filed but "reinstated" to the court's calendar when the case was later 
refiled. The number of such cases, as a proportion of total cases, is 
generally small.

[10] U.S. General Accounting Office, Federal Judiciary: How the 
Judicial Conference Assesses the Need for More Judges, GAO/GGD-93-31 
(Washington, D.C.: Jan. 29, 1993).



[11] Federal Judicial Center, Assessment of Caseload Burden in the U.S. 
Court of Appeals for the D.C. Circuit, Report to the Subcommittee on 
Judicial Statistics of the Committee on Judicial Resources of the 
Judicial Conference of the United States (Washington, D.C.: 1999).

[12] U.S. General Accounting Office, Federal Judiciary: How the 
Judicial Conference Assesses the Need for More Judges, GAO/GGD-93-31 
(Washington, D.C.: Jan. 29, 1993).


[13] Federal Judicial Center, Review of Previous Appellate Case 
Weighting Proposals, (Washington, D.C.: Aug. 22, 2001).