Alicia Bannon – Brennan Center for Justice at New York University School of Law: “In an earlier report, the Brennan Center analyzed national court data on vacancies and caseload in order to document the burden that judicial vacancies create. In this study we dig deeper, analyzing the experiences of 10 districts that currently have judicial vacancies or that recently had vacancies filled. An analysis of court data, coupled with interviews with more than 20 chief judges, court administrators, and practitioners, suggests that vacancies impact the ability of many courts to effectively and timely administer justice. In eight of the 10 profiled districts, judges and court administrators reported that judicial vacancies had a substantial impact on their courts.

• Case delays: Delay in resolving motions and hearing trials was the most common impact cited in interviews with judges and court administrators, with eight districts reporting delays caused by vacancies. Our analysis of court data found that having a single judicial vacancy for 12 months was associated, at a statistically significant level, with a 2 percentage point increase in the percentage of cases pending for three years or more.
• Less time spent on individual cases:  Judges in four districts observerd that heavier caseloads due to vacancies meant they spent less time considering individual cases, raising troubling concerns about the quality of justice dispensed.
• Administrative burden: Vacancies mean more than the loss of a judge. Judges and court administrators in five districts emphasized the “trickle-down” effect on judicial administration, including the loss of law clerks and other administrative resources and reduced capacity for the work of judicial committees.
• Risk of judicial burn-out: Vacancies mean more work for a district’s remaining judges. In eight districts, chief judges and court administrators raised concerns about judges taking on heavy workloads in an effort to compensate for vacancies, with four specifically citing judicial burn-out as a cause for concern.”