Over the past few weeks, we’ve looked at how often the State is the appellant in civil and criminal cases at the Supreme Court, and at the distribution of the Court’s cases among the Districts and Divisions of the Appellate Court.  This week, we turn our attention to a new topic: what areas of law does the State tend to appeal?  First up, the civil docket, 1990-1996.

Not surprisingly, the most frequent area of the civil law in which the State appealed during these years was constitutional law.  The State appealed two con law cases in 1990, one in 1991, two in 1992, one in 1993, four in 1994 and 1995, and seven in 1996.  Next was government and administrative law.  The State appealed six such cases in 1990, one in 1991, seven in 1992, four in 1993, three in 1994, two in 1995 and four in 1996.

The State appealed twelve decisions in tort law – two each in 1990 and 1991, five in 1992, one in 1993 and 1994, four in 1995 and one in 1996.  The State appealed four decisions in environmental law – one in 1991, two in 1994 and one in 1995.  The State appealed three employment law decisions – one in 1990 and two in 1992.  The State appealed two decisions in three different areas of law: tax, workers compensation and domestic relations.  Finally, the State appealed one decision apiece in the areas of commercial law, insurance law and arbitration (1991, 1994 and 1995, respectively).

Join us back here tomorrow as we turn to the data for the years 1997 through 2003.

Image courtesy of Flickr by Marco Verch (no changes).

Yesterday, we reviewed the origin of the Court’s criminal docket for the years 2005 through 2010.  Today, we finish the journey – the years 2011 through 2017.

One hundred and one of the 244 criminal, quasi-criminal and disciplinary cases the Court has heard 2011-2017 came from Chicago’s First District – 41.39%.  The Court decided eight cases from Division One in 2016, three in 2011, two in 2013 and one in 2014 and so far in 2017..  The Court decided three cases from Division Two in 2015, two in 2012, 2014 and so far in 2017, and one in 2011, 2013 and 2016.  The Court decided seven cases from Division Three in 2013, four in 2015, three in 2014, two in 2012 and 2017 and one in 2016.  The Court decided three cases from Division Four in 2012, 2013 and 2017, two in 2011 and 2016 and one in 2014.  The Court decided three cases from Division Five in 2013, two in 2015 and one per year in 2011, 2012, 2016 and so far in 2017.  The Court decided three cases from Division Six in 2013 and 2015, two in 2014 and one per year in 2011 and 2012.  Among cases we couldn’t attribute to a particular Division, the Court decided fifteen cases in 2011, four in 2012 and one per year in 2013, 2015 and 2017.

The Court decided six cases from the Second District in 2011, five in 2013 and 2014, three in 2012 and 2015, two in 2017 and one in 2016.  The Court decided ten criminal cases from the Third District in 2012, eight in 2016, six in 2015, five in 2011, 2013 and 2017 and four in 2014.  The Court decided eight cases from the Fourth District in 2011, six in 2014, four in 2012 and 2015, three in 2013 and 2016 and two in 2017.  The Court decided five cases from the Fifth District in 2014, four in 2016, two in 2015 and 2017 and one in 2011 and 2013.

The Court has decided only twenty-three direct appeals from the Circuit Courts between 2011 and 2017: six in 2016, five in 2015, four in 2014, three in 2011 and 2013, and one in 2012 and so far in 2017.  The Court has decided only three criminal cases under its original jurisdiction – one in 2011, 2012 and 2017.  The Court decided one disciplinary case per year in 2011, 2012, 2013 and 2014.

Join us back here next Tuesday as we begin our analysis of a new question.

Image courtesy of Flickr by Natalie Maynor (no changes).

Last week, we began looking at which Districts and Divisions of the Appellate Court produced the Supreme Court’s criminal, quasi-criminal and attorney disciplinary docket for the years 1990 through 2003.  This week, we’re looking at the rest of our study period.  First up, 2004 through 2010.

For the years 2004 through 2010, 131 of the Court’s 356 criminal cases originated in the First District – 36.8% of the criminal docket.  Four cases came from the First District in 2010, three in 2007 and 2009 and two in 2004 and 2008.  Four cases came from Division Two in 2009, three in 2005, and one per year in 2007, 2008 and 2010.  Five cases came from Division Three of the First District in 2006, four in 2005 and three per year in 2004, 2008, 2009 and 2010.  Six cases came from Division Four in 2009, four in 2004 and 2006, two in 2010 and one per year in 2005 and 2008.  Four cases came from Division Five in 2008, three in 2004 and two in 2005 and 2006.  Five cases came from Division Six in 2007, two in 2004 and one per year in 2005, 2006, 2009 and 2010.  Finally, as we’ve discussed in earlier posts, because so many criminal cases are unpublished at the Appellate Court, we always have cases which can’t be attributed to a particular Division of the First District.  The Court decided three such cases in 2004, eight in 2005, four in 2006 and 2007, seven in 2008 and ten per year in 2009 and 2010.

The Court decided fifty-nine cases from the Second District.  The Court decided thirteen cases from the Second District in 2010, eleven in 2005, ten in 2008, eight in 2004 and 2006, five in 2007 and four in 2009.  The Court decided sixty cases from the Third District – twelve in 2008 and 2010, eleven in 2004, ten in 2005, seven in 2006, five in 2009 and three in 2007.  The Court decided forty-nine cases from the Fourth District – eleven in 2004, nine in 2005, eight in 2006 and 2009, seven in 2008 and three in 2007 and 2010.  The Court decided only eleven cases from the Fifth District during these years – four each in 2004 and 2005, two in 2006 and one in 2010.

As the state’s experience with the death penalty wound down during these years, direct appeals became less common.  The Court heard ten direct appeals in 2004, seven in 2006, six in 2005, four in 2007, 2009 and 2010 and three in 2008.  The Court decided only five cases pursuant to its original jurisdiction on the criminal docket – three in 2009 and one in 2004 and 2010.  The Court decided two attorney disciplinary cases in 2006 and one in 2009.  The Court decided no certified question appeals during these years on the criminal docket.

Join us back tomorrow as we review the Court’s criminal docket for the years 2011 through 2017.

Image courtesy of Flickr by Matt Turner (no changes).

Yesterday, we began our journey through the Appellate Court designations for criminal cases with the years 1990 through 1996.  Today, we address the years 1997 through 2003.

The Court decided three cases from Division One of the First District in 2002, two in 2000 and 1997 and one in 1998.  The Court decided four cases in 1997, two in 2001 and one in 2002 and 1998.  The Court decided three cases in Division Three in 2003 and one each in 1998, 1999, 2000 and 2002.  The Court decided three cases from Division Four in 1997 and one each in 2000 and 2003.  The Court decided two cases from Division Five in 2001 and one in 1999 and 2002.  The Court decided three cases in 1999 and 2002, and one case in 1998 and 2000.  As for cases which (because of non-publication) I was unable to attribute an origin Division: five cases in 2003, four cases in 1997, 1999, 2000, 2001 and 2002, and two cases in 1998.

The Court decided fifteen cases from the Second District in 1998, eleven in 1999, nine in 2002, eight in 2003, seven in 2000, six in 2001 and five in 1992.  The Court decided eleven cases from the Third District in 2003, seven in 2002, six per year in 1997 and 2001, four in 2000, three in 1998 and two cases in 1999.  The Court decided thirteen cases in 2001, nine in 1997, eight in 2002, seven in 2000, six in 1999 and 2003 and two in 1998.  The Court decided five cases in 2003, four in 2000 and 2002, three per year from 1997 through 1999, and one in 2001.

The Court decided twenty-six direct appeals in 1997, forty-three in 1998, nineteen in 1999, fifty-one in 2000, twenty-two in 2001, twenty-six in 2002 and twenty-five direct appeals in 2003.  The Court decided two cases per year under the Court’s original criminal jurisdiction in 2001, and two cases in 2002.  The Court heard one Bar course in 1997, three in 1999, four in 2000 and one in 2002.

Join us back here next Thursday as we turn our attention to the rest of the Court’s criminal docket.

Image courtesy of Flickr by Bill Ingram (no changes).

Over the last few weeks, we’ve been looking at how the Supreme Court’s civil docket is distributed among the Districts and Divisions of the Appellate Court.  This week and next, we’ll turn our attention to the Court’s criminal caseload.

We’ve speculated in past posts that population distribution might be a rough approximator for how the Court’s caseload is distributed among the Districts.  If that’s so, then the First District (which exclusively consists of Cook County) was significantly underrepresented on the Court’s criminal docket for the years 1990 through 1996.  According to the 1990 census, Cook County accounted for 44.66% of Illinois’ population.  But only 96 of the 461 criminal cases the Court decided between 1990 and 1996 – 20.82% – came from the First District.  Division One contributed three cases in 1992, two in 1990, 1991 and 1993 and one in 1995.  The Court decided four cases From Division Two in 1991, three in 1994 and 1995, two in 1996 and one in 1993.  Division Three was the most heavily represented Division of the First District, producing five cases in 1993, three in 1990, 1991 and 1994, two in 1995 and 1996 and one in 1993.  Division Four accounted for two cases in 1992 and 1995 and one in 1990 and 1996.  Division Five produced four cases in 1990 and 1992, two in 1991, 1994 and 1995, and one in 1996.  Division Six produced two cases in 1991, 1995 and 1996 and one in 1992 and 1993.  Given that the Court frequently hears unpublished criminal decisions from the Appellate Court, it’s not surprising that it was impossible to attribute a number of cases to a particular Division – seven in 1995, six in 1993, five in 1992, three in 1990, two in 1994 and one each in 1991 and 1996.

The Second District accounted for even less of the Court’s criminal docket than the First District did.  The Court decided thirteen criminal cases from the Second in 1992, eight per year in 1994 and 1995, six in 1991, five in 1993 and four in 1990 and 1996.  The Court decided eight cases from the Third District in 1990 and 1992, seven in 1991, five in 1995, three in 1993 and 1996 and two in 1994.  The Court decided four cases per year from the Fourth District in 1992 and 1994, and three each in 1990, 1993, 1995 and 1996.  The Court decided nine cases from the Fifth District in 1990, five per year in 1992 and 1994, three in 1993 and 1996, two in 1992 and one in 1995.

Because during this period the Court was hearing death penalty appeals and cases where statutes were struck down as direct appeals (it only hears the latter today), direct appeals formed a substantial part of the docket.  The Court decided twenty-four in 1990, twenty-three in 1991, thirty-nine in 1992, sixteen in 1993, thirty-four in 1994, forty-two in 1995 and thirty-two in 1996.  The Court heard only two appeals arising from its original jurisdiction – one in 1990 and one in 1992.  The Court decided six cases from the Bar Court in 1990, five in 1991, two per year in 1992, 1993 and 1994, and one in 1995.  The Court decided no certified question appeals during this period.

Join us tomorrow as we review the data for the Court’s criminal docket between 1997 and 2003.

Image courtesy of Flickr by Kevin Dooley (no changes).

Yesterday, we reviewed the year-by-year data for how the Court’s civil caseload was distributed in the Appellate Court for the years 2004 through 2010. Today, we review the data for the years 2011 through 2017.

Since 2011, the Court has decided exactly 100 cases originating in Chicago’s First District – 43.67% of its civil caseload. The Court decided three cases from Division One in 2011, two per year in 2016 and so far in 2017, and one each year from 2012 to 2015. The Court decided six cases from Division Two in 2012, three in 2016, two per year in 2011, 2013 and 2016, and one per year in 2014 and 2017. The Court decided five cases from Division Three in 2011, three in 2013, 2014 and 2015, two in 2012 and 2017, and none in 2016. The Court decided four cases from Division Four in 2015, three per year in 2012 and 2014, two each in 2011 and 2016, one in 2013 and none so far in 2017. The Court decided five cases from Division Five in 2016, four so far in 2017, three per year in 2014 and 2015, two per year in 2011 and 2012 and one in 2013. The Court decided five cases from Division Six of the First District in 2012, four in 2013, three in 2011, two each in 2014 and 2015, one in 2016 and none so far in 2017. The Court decided one case from the Industrial Commission Division of the First District in 2015.

The Court decided ten cases from the Second District in 2011, eight in 2015, seven in 2012, six in 2013, four in 2014, two so far in 2017 and one in 2016. The Court decided four cases per year from the Third District in 2011 and 2013, three each year from 2015 to 2017, and one in 2014. The Court decided ten cases from the Fourth District in 2013, five in 2015, four in 2012 and 2014, three in 2011 and 2017 and one in 2016. The Court decided seven cases from the Fifth District in 2012, six in 2015, five in 2016, three in 2011 and 2014, and one per year in 2013 and so far in 2017.

We report the remaining miscellaneous caseload in Table 586. The Court decided six direct appeals from the Circuit Courts in 2015, three in 2016, two in 2014 and one in 2013. The Court also decided one certified question appeal from the Seventh Circuit each year in 2011, 2012 and 2016.

Join us back here next Tuesday as we begin our review of the Court’s criminal docket.

Image courtesy of Flickr by Ken Lund (no changes).

Last week, we began our review of how the Court’s civil cases are distributed among the Districts and Divisions of the Appellate Court. We began by covering the years 1999 through 2003. This week, we address the more recent years in our study period – first up, the Court’s civil docket from 2004 through 2010.

We pointed out last week that according to the 1990 census, Cook County accounted for 44.66% of the state’s population. The population shifted somewhat in the ten years between 1990 and 2000. As of 2000, Cook County was 40.49% of the state population. The Court decided 127 civil cases originating in the First District, or 41.1% of the total civil docket. The Court decided four cases from Division One in 2004, 2008 and 2010, three per year in 2005, 2006 and 2009, and one in 2007 The Court decided five cases from Division Two in 2006 and 2007, four in 2004, three in 2005 and 2008, two in 2010 and one in 2009. The Court decided four cases per year from Division Three in 2005 and 2006, three per year in 2004, 2009 and 2010 and two cases in 2008. The Court decided five cases from Division Four in 2010, three per year in 2004, 2006, 2007 and 2008, two in 2005 and one in 2009. The Court decided four cases from Division Five in 2004, two per year in 2005, 2007 and 2009, and one per year in 2006, 2008 and 2010. The Court decided five cases from Division Six in 2007 and 2010, four in 2005, three in 2008, two in 2006 and 2009, and one in 2004. The Court decided three cases from the Industrial Commission Division of the First District in 2005 and one each year in 2004 and 2006.

The Court decided eleven cases from the Second District in 2006 and 2008, nine cases in 2004, eight in 2009, six in 2005, four in 2007 and two in 2010. The Court decided seven cases from the Third District in 2007, five per year in 2004 and 2009, four in 2006, three each in 2005 and 2008 and two cases in 2010. The Court decided one case from the Industrial Commission Division of the Third District in 2010. The Court decided nine cases from the Fourth District in 2008, five per year in 2004, 2006, 2007 and 2009, and three per year in 2004, 2006, 2007 and 2009. The Court decided eight cases from the Fifth District in 2005, seven in 2004, 2006 and 2009, four in 2010, and two each in 2007 and 2008.

The Court heard seven direct appeals from the Circuit Court in 2005, six in 2004, four in 2007, three in 2006 and 2009, and one per year in 2008 and 2010. The Court decided one case within its original jurisdiction in 2004 and one in 2009. The Court decided one certified question appeal from the Seventh Circuit in 2004 and one in 2009.

Join us tomorrow as we review the data for the years 2011 through 2017.

Image courtesy of Flickr by Roman Boed (no changes).

Yesterday, we began our study of where in the Appellate Court the Court has drawn its civil docket each year. Today, we’re reviewing the years 1997 through 2003.

For the years 1990 through 1996, cases from Cook County’s First District were consistently about ten percentage points less of the civil docket than one would expect if the docket were distributed proportionally to population. That continued for the years 1997 through 2003.

Division One produced one case in 1997, two in 1999, three in 2000 and none at all in 2001, but five per year in 2002 and 2003, and seven in 1998. Division Two produced three cases in 1997 and 1998, four each year in 1999 and 2000, one each in 2001 and 2002 and two in 2003. Division Three produced five civil cases in 1997, three per year in 1998, 1999, 2000 and 2002, and four each year in 2001 and 2003. Division Four produced four cases in 1997 and 2001, three in 2000, two in 2002, and one per year in 1998, 1999 and 2003. Division Five produced four cases each year in 1998 and 2001, two each year in 2002 and 2003, one in 1999 and none for 1997 and 2000. Division Six produced five cases in 1997, four in 2002, three each in 1998 and 1999 and one case a year in 2000, 2001 and 2003. The Industrial Commission Division of the First District produced one case per year in 1998, 1999, 2000 and 2002. Finally, I was unable to definitively attribute eleven First District cases to a division in 1997, five in 1998, four in 1999, three in 2000, six in 2001 and two in 2002.

Data for the rest of the state is reported in Table 579. The Court decided eleven civil cases from the Second District in 1998, eight in 2001, seven in 2000, six in 1997 and 2002, and five in 1999 and 203. The Court decided one case each from the Industrial Commission Division of the Second District in 1998 and 2000. The Court decided nine cases from the Third District in 1998, five in 2003, four in 2001, three in 1997 and 2002, two in 1999, and one in 2000. The Court decided eleven civil cases from the Fourth District in 2003, six in 1997 and 2002, five in 1998, 1999 and 2001, and three in 2000. The Court decided eight civil cases from the Fifth District in 1998, seven in 1997 and 2002, six in 2000 and 2003 and five in 1999 and 2001. The Court decided one case each from the Industrial Commission Divisions of the Fourth District in 1998 and the Fifth District in 1999 and 2002.

The Court decided eleven direct appeals from the Circuit Court in 1997, eight in 1998, seven in 2001, six in 2002, four in 1999, three in 2003 and two in 2000. The Court heard one case each under its original jurisdiction in 1998 and 2001. The Court heard one certified question per year in 1997, 2001, 2002 and 2003.

Join us back here next Tuesday as we continue our study of the Court’s civil docket.

Image courtesy of Flickr by Tom Shockey (no changes).

This week, we answer a new question in our study of the expanded Illinois Supreme Court data library: how have the Court’s civil cases been distributed among the various parts of the Appellate Court?

As of 1990, Cook County accounted for 44.66% of the total population of Illinois. So if caseload followed population distribution, one would expect 39-40 of the Court’s 89 civil cases to have originated in the First District. But based solely on population, the First District has been consistently underrepresented in the civil docket, accounting for 30 cases in 1990, 21 in 1991, 34 in 1992, 19 in 1993, 28 in 1994, 24 in 1995 and 18 in 1996. More specifically, Division One produced three cases each in 1990 and 1991, two in 1992, none in 1993, six in 1994, three in 1995 and two in 1996. Division Two produced three cases in 1990, six in 1991, four in 1992, one in 1993, seven in 1994 and one each in 1995 and 1996. Division Three produced a dozen civil cases in 1990, but only two in 1991; six in 1992 and 1994, four in 1993 and five each in 1995 and 1996. Division Four produced seven cases in 1990 and 1992, five each in 1991, 1993 and 1994, and two per year in 1995 and 1996. Division Five produced two cases in 1990, 1994 and 1995, three cases in 1994, four in 1992, five in 1993 and none in 1996. Division Six produced no civil cases in 1990 and 1993, one per year in 1991 and 1994, five apiece in 1995 and 1996 and seven in 1993. The Industrial Commission panel of the First District produced two cases in 1995. I was unable to assign a total of twenty cases to a specific District of Division One (almost always because the Appellate Court issued a Rule 23 order and there were no identifying characteristics in the Supreme Court opinion): three in 1990, one in 1991, four each in 1992 and 1993, one in 1994, four in 1995 and three in 1996.

Just as the First District was arguably underrepresented on the Court’s docket during these years, the rest of the state was arguably overrepresented. In 1990, the Court decid3ed twelve civil cases from the Second District, seven from the Third, one from the Industrial Commission Division of the Third District, eight from the Fourth District and eleven from the Fifth District. For the most part, this distribution of the caseload stayed constant from one year to the next. The Second District produced seven cases in 1991, only three in 1993 and six in 1995, but 15 in 1992 and ten each in 1994 and 1996. The Third District produced seven cases in 1991, four in 1992, two in 1993, eight in 1994 and five per year in 1995 and 1996. The Fourth District produced only three cases in 1991 and four in 1993 and 1996, but nine each year in 1994 and 1995, and accounted for fifteen cases in 1992. The Fifth District, frequently criticized by defense bar advocates of tort reform, generally claims an outsized piece of the Court’s civil docket in terms of population. It produced nine cases in 1991, eleven in 1992 and again in 1994, seven per year in 1993 and 1995 and six in 1996.

In Table 577, we report the remaining miscellaneous civil appeals. In 1990, the Court decided twelve direct appeals from the Circuit Courts (typically, constitutional issues), four original proceedings and four attorney admission/disciplinary issues. In 1991, the Court heard only four direct appeals and one original proceeding. In 1992, the Court decided seven direct appeals, one original proceeding, one bar matter and two certified questions from the Seventh Circuit. In 1993, the Court decided only three direct appeals in civil cases. In 1994, the Court decided seven direct appeals and one original proceeding. In 1995, the Court decided three direct appeals and one original proceeding.   Finally, in 1996, the Court decided ten direct appeals in civil cases.

Join us back here tomorrow as we review the Court’s civil cases from 1997 through 2003.

Image courtesy of Flickr by Kevin Dooley (no changes).

Yesterday, we reviewed the data about how the Court’s criminal docket has been divided between cases in which the State was the appellant and defense appeals.  Today, we look at the State’s year-by-year winning percentage in each role.

For the years 1990 through 1995, the State’s winning percentage in criminal appeals varied up and down from one year to the next.  In 1990, the State won 70% of its criminal cases as appellant.  The State’s winning percentage fell to 57.14% in 1991, was back up to 83.72% in 1992, down to 57.14% in 1993 and 69.23% in 1994 and 80.77% in 1995.

For the years 1996 through 2004, the State’s winning percentage as appellant matched fairly closely the overall reversal rate.  The State won half its cases in 1996, only 41.18% in 1997, 52.17% in 1998, half in 1999 and 2000 and 55% in 2001.  The State won only 41.18% of its cases as appellant in 2002 and 48.72% in 2003.  The State’s winning percentage as appellant rose to two-thirds in 2004.

Following 2004, the State’s winning percentage as appellant drifted upwards, and has stayed there for the most part in the last decade.  The State won 65.52% of its cases as appellant in 2005, 81.48% in 2006 and all its cases in 2007.  The State won 69.23% in 2008, 72.73% in 2009 and 86.36% in 2010.  The State won 69.23% in 2011, 60% in 2012 and 77.78% in 2013.  The State’s winning percentage fell to half in 2014, but rose back to 89.47% in 2015 and 72% in 2016.

In Table 573, we review the State’s winning percentage in appeals which the defendants initiated.  The State won two-thirds of such cases in 1990, 92% in 1991, 81.25% in 1992 and 85.19% in 1993.  The State won 70.27% in 1994, 81.13% in 1995 and 76.47% in 1996.

The State’s winning percentage in defense appeals dropped during the years 1997 through 2003.  In 1997, the State won 59.57%.  It won 64% in 1998, 58.82% in 1999, 65.15% in 2000, 67.57% in 2001, 54.05% in 2002 and 76% in 2003.  The State’s winning percentage fell to 51.72% in 2004.

The State won three-quarters of defense appeals in 2005.  The following year, it won 79.17%, but only 47.06% in 2007.  The State won 62.5% in 2008, 63.33% in 2009, and 87.88% in 2010.  The State’s winning percentage reverted to trend in 2011 at 68.18%.  The State won 53.33% in 2012 and 55% in 2013.  The State’s winning percentage jumped to 85.71% in 2014, but was only 57.14% in 2015 and 54.55% in 2016.

Join us back here next Tuesday as we continue our analysis of the Court’s decision making.

Image courtesy of Flickr by Robert Lowe (no changes).