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THE IMPACT OF CAPITAL CASES ON THE SUPREME COURT AND POSSIBLE SOLUTIONS FOR RESOLVING THE BACKLOG

THE IMPACT OF CAPITAL CASES ON THE SUPREME COURT AND POSSIBLE SOLUTIONS FOR RESOLVING THE BACKLOG. The Two Parts of the Topic. This is an interactive presentation. The first part, the impact of capital cases, belongs to us. The second part, possible solutions for the backlog, belongs to you.

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THE IMPACT OF CAPITAL CASES ON THE SUPREME COURT AND POSSIBLE SOLUTIONS FOR RESOLVING THE BACKLOG

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  1. THE IMPACT OF CAPITAL CASES ON THE SUPREME COURTANDPOSSIBLE SOLUTIONS FOR RESOLVING THE BACKLOG

  2. The Two Parts of the Topic • This is an interactive presentation. • The first part, the impact of capital cases, belongs to us. • The second part, possible solutions for the backlog, belongs to you.

  3. The Impact of Capital Cases • What is a capital case? • First degree murder with special circumstances.

  4. Let’s Run Some Numbers • Last year, in the superior court there were • about 200,000 unlimited civil filings and • about 240,000 felony filings resulting in • about 20 judgments of death.

  5. Let’s Run Some More Numbers • Population of Death Row = about 750. • Pending automatic appeals, with counsel = about 290, without counsel = about 90; time to appointment = about 4 years. • Pending habeas corpus proceedings, with counsel = about 150, without counsel = about 350; time to appointment = about 10 years (but with some waiting many more years). • Pending California capital cases in federal court = about 240.

  6. Where the Numbers End Up • All judgments of death are automatically appealed to the Supreme Court—the major exception to discretionary review—and all habeas corpus petitions challenging such judgments are filed there. • Last year, about 20 automatic appeals and 50 capital habeas corpus petitions were filed in the Supreme Court. • They do not stand alone. About 350 automatic appeals and 200 capital habeas corpus petitions are pending in the Supreme Court.

  7. Supreme Court Resources • One Chief Justice with a staff of 8 attorneys • Six Associate Justices each with a staff of 5 attorneys • Capital Central Staff with 9 attorneys including a director • Clerk’s Office Automatic Appeals Unit Supervisor and 2clerks, Automatic Appeals Monitor, Appointed Counsel Claims Administrator

  8. Capital Central Staff • Its Creation • Its Current Configuration

  9. Steps to Disposition: Automatic Appeals • Appointing Counsel (about 4 years post judgment) • Record Correction and Filing With the Court • Motions • Briefing • Court’s Internal Deliberations • Oral Argument (about 3 years post appointment) • Opinion • Petition for Rehearing

  10. Steps to Disposition: Habeas Corpus • Appointing Counsel (about 10 years post judgment) • Presumptively Timely Period • “Shell” Petitions • Filing the Petition and Exhibits • “Informal” Briefing • Court’s Internal Deliberations • Order Denying or Issuing an Order to Show Cause (about 2 years post petition) • Briefing • Reference Hearings& Referee’s Findings • Briefing • Oral Argument • Opinion • Petition for Rehearing • Subsequent Petitions

  11. The Backlog . . . • There are 550 capital matters pending in the Supreme Court— • Compared to about 100 non-capital matters pending in the Supreme Court following its grant of review.

  12. . . . And Its Impact • By way of example, in recent years • Capital matters: • More than 20%of all opinions and 40%of total pages. • Non-capital matters: • Less than 80%of all opinions and 60%of total pages.

  13. Possible Solutions for the Backlog • This is the second part of the topic. • This part belongs to you. • Good luck.

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