Court of Appeals cautions of growing backlog, asks Legislature to consider modest budget increase

The Chief Judge of the Michigan Court of Appeals told the Senate Appropriations Subcommittee on Corrections and Judiciary that the court’s pending caseload has increased since 2021 and that staffing shortfalls and recent judicial vacancies have driven a clearance rate below the court’s target.

The court’s current year appropriation is roughly $27.3 million and the governor’s executive recommendation for the next fiscal year increases that by about $400,000 to roughly $27.7 million, the chief judge said. That recommended increase represents a fraction of total state general fund spending, but the court said even modest additional resources may be needed to address workload and backlogs.

Why it matters: The court disposed of more than 4,600 cases in 2024 while receiving about 4,833 new filings last year. The court’s pending caseload fell during the COVID period to about 2,500 cases at the end of fiscal 2021, but it has since risen to more than 3,700 cases. The chief judge warned that the court’s clearance rate — a measure of dispositions versus new filings — has been below 100% for several years, meaning incoming cases outpace dispositions.

Contributors to the backlog: The chief judge cited several factors: a return to pre‑COVID filing levels, multiple judicial vacancies that reduced the number of monthly case‑call panels, two judges who took long‑term leaves and later retired for health reasons, and difficulty retaining research attorneys. The court’s research attorneys are typically entry‑level lawyers who often leave for higher private‑sector pay after one or two years. The court said entry‑level research attorneys start at grade 17, step 2 (roughly $70,000), with six steps in that grade offering periodic raises.

Potential remedies and uncertainty: The chief judge said the Court of Appeals is implementing administrative process changes to improve throughput and expects that filling judicial vacancies will help. He also noted a compensation study undertaken by the Supreme Court and SCAO to examine salary structures for judicial and support positions; depending on its outcome, the court may return with a request to fund recommended pay adjustments. The judge cautioned that salary increases would require legislative funding.

Facilities and operations: The Court of Appeals continues a multi‑year effort to move operations from leased space to state‑owned buildings. The court has moved several offices into state space over the past two decades but still maintains leased space in Troy where a clerk’s office and two chambers remain; that lease expires in November 2026. DTMB received bids for the planned move to Cadillac Place and, according to the chief judge, bids came in under the budgeted amount.

Ending: The chief judge expressed support for the governor’s recommended economic increases and said the court may return to the Legislature next year if additional staffing or compensation funding is necessary to reduce the pending caseload.