By William Cracraft
Minor Increase in New Appeals, Slight Decline in Pending and Terminated Cases

New appeals in the Ninth Circuit increased while terminations and pending appeals declined in the fiscal year ending Sept. 30, 2024. Case processing times remained constant—within a couple of percentage points up or down depending on how the case was disposed.

New appeals filed numbered 8,145 in FY 2024, up 4.6% from the prior fiscal year. Appellate filings nationwide were 39,788, down .5%. Six of the 12 geographic federal judicial circuits reported fewer filings – the 11th Circuit was only down one case. The Ninth Circuit remained the nation’s busiest federal appellate court, accounting for 20.5% of all new appeals filed nationally in FY 2024.

The Ninth Circuit disposed of 8,150 cases in FY 2024, down 5%. The court’s total pending caseload, 7,052 cases, dropped by one case from FY 2023. Eight of the 12 geographic circuits reported reductions in terminations, and six of the 12 circuits had fewer pending caseloads compared to FY 2023.

Breakdown of New Appeals

Of the new filings, 2,376, or 29.2%, of all new appeals in the Ninth Circuit involved immigration and other administrative agency matters, while 3,502, or 43%, of new filings were pro se cases, or those involving at least one self-represented litigant.

Ninth Circuit district courts, which serve as trial courts in the federal judicial system, accounted for 16.6% of all new appeals originating from district courts nationwide in FY 2024. The district courts generated 5,208 new appeals, up 2.5% from FY 2023. Of the total, 4,258 were civil appeals and 950 were criminal appeals. Prisoner petitions involving habeas corpus, capital habeas corpus, civil rights, prison conditions and other matters accounted for 36.5% of all new civil appeals from district courts.

Among the 15 district courts of the circuit, the four district courts in California produced 52.3% of new civil appeals and 51.4% of new criminal appeals. The Central District of California, the busiest court in the circuit, generated 1,229 civil and criminal appeals, up 2.8% from FY 2023.

Of all new criminal appeals, 27% were related to drug offenses and 6.7% were immigration offenses. The court reported 256 drug offenses and 64 immigration offenses. Total appeals involving property offenses and fraud were 136 and 129, respectively. Appeals involving firearms and explosives offenses was 171, of which 42 were alleged to have committed during a violent or drug-trafficking crime. Also reported were 94 appeals involving sex offenses and 100 for violent offenses.

Appeals of decisions by the Board of Immigration Appeals, or BIA, and other executive branch agencies continue to make up a substantial portion of the court’s caseload. Appeals of agency decisions increased by 14.5% to 2,376 cases in FY 2024. The BIA accounted for 94.4% of agency appeals and 27.6% of the court’s total new filings. The Ninth Circuit had 57.6% of the total BIA appeals filed nationwide in FY 2024.

Original proceedings and miscellaneous applications commenced in FY 2024 were 439 down from 477 during FY 2023. The bulk of original proceedings cases involved second or successive habeas corpus petitions, 162, and mandamus appeals, 129.

Terminations and Pending Cases

The Ninth Circuit terminated 8,150 cases in FY 2024, down 5% from FY 2023. The total includes 4,360 civil and 974 criminal appeals originating in the district courts and 2,816appeals of agency decisions.

Of the total case terminations, 5,020 cases, or 61.6%, were terminated on the merits, and 180 of those cases were terminated by consolidation. The remaining 3,130 cases were terminated on procedural grounds. Of the merit decisions, 1,189 came after oral arguments, up 5%, and 3,066 after submission on briefs, down 24.9% from FY 2023. Excluding cases terminated by consolidation, total merit terminations included 1,193prisoner cases, 712 criminal cases and 1,109 administrative agency appeals.

In FY 2024, cases terminated on the merits that were affirmed or enforced, which includes appeals affirmed in part and reversed in part, numbered 3,202; 391 reversed, 36 remanded and 686 dismissed. The overall reversal rate was 8.3%, down from 8.5% in FY 2023. The FY 2024 national average is 7.6%. Reversal rates were mostly down. The Ninth Circuit reversal rate was 10.9% for criminal cases; 16.5% for civil cases involving the federal government, up from 14.6% in 2023; 13.7% for other private civil cases; and 3.9% for administrative agency cases. Percent reversed are not computed for original proceedings because of their difference from appeals, nor are original proceedings included in the percentage of total appeals reversed.

In FY 2024, judicial panels produced 350 signed opinions, all published, and 4,489 unsigned opinions, of which 21 were published.

The court’s pending caseload decreased again in FY 2024. Pending cases numbered 7,052, down one case from FY 2023. Of the pending caseload in FY 2024, 34.7% involved administrative appeals; 32.5% involved other private and other U.S. civil matters; 16% for U.S. prisoner petitions and private prisoner petitions; 13.4% for criminal matters; and 1.8% for bankruptcy matters. Of the pending caseload, 45% had been pending less than six months, 28% pending six to 12 months and 27% pending for more than 12 months.

Median Time Intervals

Median time intervals measure how long it takes for cases decided on the merits to proceed through the appellate process. In the Ninth Circuit in FY 2024, the median time interval in months for cases terminated on the merits from filing of a notice of appeal to final disposition was 12.7 months, down from 13.7 months in FY 2023. The median time interval from the filing of a case in a lower court or final disposition was 33.7 months, slight increase from 33.2 months in FY 2023. The total national median time interval from filing of a notice of appeal to final disposition in FY 2024 was 9.7 months and 33.4 months from the filing of a case in a lower court to final disposition by a circuit court.

For panel decisions from oral argument to last opinion or final order, the median time interval was 1.3 months in FY 2024, down from 1.4 months in FY 2023. Median time interval from filing of appellee’s last brief to oral argument or submission on briefs was 5.6 months, down from 6.3 months in FY 2023.

Pro Se Filings and Terminations

Pro se appeals involve at least one party who is not represented by counsel. In FY 2024 new appeals by pro se litigants numbered 3,502, up 9.7% from FY 2023. Pro se litigants accounted for 43% of all appeals opened during FY 2024. Pro se appeals involving U.S. and private prisoner petitions numbered 1,295. Pro se appeals involving agency appeals numbered 677, making up 19.3% of all new pro se filings.

The court terminated 3,374 pro se appeals in FY 2024, one more than in FY 2023. Total pro se appeals terminated on the merits was 1,940—1,902 of which were after submission on briefs, 21 by consolidation and 17 after oral arguments.

En Banc Cases

En banc courts, which consist of 11 judges rather than three, convene quarterly to resolve intra-circuit conflicts of law or other legal questions of exceptional importance. During calendar year 2024, 12 en banc courts convened. Eleven oral arguments were heard in person, and one was submitted on the briefs. During FY 2024, 10 en banc courts were convened. Nine oral arguments were heard in person, and one was submitted on the briefs.

Contributions by Active, Senior and Visiting Judges

At the end of 2024, the court had 29 active circuit judges and 23 senior circuit judges. Of the 5,020 written opinions issued by the court in FY 2024, excluding consolidations, 63.3% were authored by active circuit judges, 30.7% by senior judges and 6% by visiting judges who sat by designation.