2000 Statistical Report

After a seven-year trend of escalating case filings, the total number of petitions filed last year showed a slight decrease. The number of new petitions filed in 2000 was 3029, down 510 from the previous high of 3,539, set in 1999. Despite this drop from the previous year, the number of filings in 2000 are high when compared to overall case filing trends. For example, last year’s filings were more than twice the number of filings in 1985, and far outpaced the number of filings as recent as 1995, when 2692 petitions were filed.

The decrease in 2000 filings was largely due the statistical impact of workers’ compensation appeals, which fell from 2306 in 1999, to 1816 in 2000. Also in the declining category were criminal appeals, which fell from 232 in 1999 to 203 in 2000; and petitions for writs of prohibition, which fell to 86, the lowest number since 1987. In contrast, the number of civil appeals rose to 578, reversing a five-year declining trend in that category. The number of petitions for writs of mandamus showed a significant increase, with 199 filings in 2000, a record high for that category, due in part to the number of petitions filed by inmates in regional jails seeking transfer to a correctional facility. A profile of the number of petitions filed in each category since 1985 is set forth below.

Filing Trends

The chart reflects the steady increase in case filings over the past fifteen years. The large spike of filings in 1991 reflects clearance of a backlog of workers’ compensation claims at the agency level. In the future, implementation of the new family court system in West Virginia is likely to have an impact on the number of case filings. Although the appellate structure of the family court system has not yet been finalized, it is reasonable to assume that the Court will see an increase in filings as the new family court system is implemented.

The impact of the number of compensation filings in recent years is evident in the Court’s 2000 workload. At both the petition and granted stage of review, 2000 marked a sharp increase in the number of cases considered and disposed.

The Court considered a total of 3403 discretionary petitions in 2000, an increase of 340 from the 3063 petitions considered in 1999. The largest increase in the number of petitions considered was in the compensation category, where the Court considered over 400 more cases in 2000 than it did in 1999, evidencing the Court’s effort to keep up with the high number of filings in recent years.

It is significant to note that, of the workers’ compensation petitions considered by the Court, 209 were dismissed or withdrawn, in large part reflective of the work of the Workers’ Compensation Mediation Project, which resulted in 145 settlements through mediation in 2000.

Granted Cases & Other Matters

The Court’s workload does not conclude upon the consideration of petitions. Once a case is granted, the Court must review the record, receive briefs from the parties, hear oral argument in selected cases, and ultimately issue an opinion or order disposing of the case. In addition to considering 3403 discretionary petitions for appeal last year, the Court issued final substantive decisions in 1459 cases. The Court disposed of 189 cases by written opinion, and disposed of 1270 workers’ compensation cases by memorandum order, an increase of 440 from the previous year. Notably, this is a 53% increase over the number of compensation appeals disposed by memorandum order in the previous year.

In addition to issuing decisions that dispose of a given case, in many instances the Court considers and rules upon miscellaneous motions filed by parties while a petition or a granted case is pending. In 2000 the Court decided approximately 2,000 of these miscellaneous motions, including 113 pre-petition matters, such as motions for stay, which often involve significant judicial resources.

As the ultimate authority for regulation of the practice of law in West Virginia, the Court also reviews numerous disciplinary and bar admission matters throughout the year. In 2000, the Court considered approximately 50 bar admission and disciplinary matters. The Court also admitted over 250 new attorneys to the practice of law in West Virginia through formal courtroom ceremonies.

An additional function of the Court is the consideration and adoption of new and revised court rules governing various aspects of pleading, practice and procedure in West Virginia. Consideration of rules matters often requires careful review of existing rules, public comment, and desired objectives. In 2000 the Court took a number of significant actions on rules, including adopting Amendments to the Rules of Procedure for Child Abuse and Neglect Proceedings and the Rules of Practice and Procedure for Family Law, as well as adopting significant revisions to the Manual Governing Official Court Reporters in West Virginia.

Important aspects of the Court’s workload are not reflected in the foregoing statistical summary. For example, in each case considered by the Court, staff members in the Clerk’s Office prepare and mail multiple orders to the parties concerning the Court’s action on a case. The Clerk’s Office produces approximately 20,000 orders per year. Since the Court’s inception in 1863, each order has been recorded in bound 11 x 17 inch Order Books maintained in the Clerk’s Office. A review of the capacity of these standard Order Books gives a good indication of the expansion of the amount of the Court’s paperwork over the years. Order Book #1 contained handwritten notations of the Court’s work spanning nearly six years. Order Book #50, by this time containing typewritten orders, contains material beginning June 1938 and ending October 1939. By the mid-1970's, Order Book #75 contained one year of material. By contrast, today’s Order Books routinely number over 500 pages each and contain only eight weeks of material.

Caseload Comparison with Comparable Courts

This high comparable caseload is not solely attributable to workers' compensation appeals. This Court considers more than twice the number of original jurisdiction proceedings (523 in 1998) than the next busiest state, Nevada (248 in 1998). In fact, of the states without an IAC, four states had fewer than 80 original jurisdiction proceedings filed in 1998: Delaware (33); Wyoming (60); South Dakota (76); and Vermont (9).