Case Processing in Three States

Court systems across the United States continue to struggle with backlogs and delays due to COVID-19 restrictions. In many places, these have contributed to significant increases in time to disposition. In Cook County (IL), for example, the median time to disposition for felony cases increased from 120 days in 2017 to a peak of 271 days in 2022. Similarly, in Milwaukee County (WI), time to disposition for felony cases increased from 155 days in 2017 to 314 days in 2022. Other large jurisdictions, however, have seen minimal increases. In Denver (CO), for example, the median time to disposition for felony cases was relatively high before the pandemic at 182 days in 2017; this increased by just 47 days after the pandemic to a peak of 229 days in 2022.

Policymakers and practitioners have argued that much of the variation in criminal case processing time is related to case-related factors (e.g., seriousness of the case, defendant pre-trial detention status, resolution through trial or plea) and organization-related factors (e.g., court assignment practices, resource availability, caseloads). Research, however, has shown that, while factors such as charge severity, the composition of cases within a court system, and the level of court caseloads have some impact on time to disposition, these factors do not explain much of the variation across cases or across jurisdictions. Rather, research suggests that case processing time is closely related to the level of case-flow management exercised throughout a criminal case. Factors such as timely discovery, consistent case staffing, minimizing non-substantive hearings, or reducing time between hearings may be more influential in explaining variation in case processing time than case- or organization-related factors.

The current study begins to unpack case processing, case processing times, and the impact of case processing on case outcomes in three states – Illinois, Wisconsin, and Colorado – including data from just over 100 jurisdictions. This report is an initial look at case processing times and the connection to case-flow management, with a focus on changes since the pandemic.

Time to Disposition Varies Across States

Prior to the pandemic, there were differences in time to disposition across states - but these differences were fairly small. In 2017, time to disposition for felony cases were nearly equal in Colorado and Illinois; they were slightly higher in Wisconsin - roughly 24 days longer. By 2023, felony cases in Wisconsin took 80 more days to dispose of than cases in Colorado, and 59 more days to dispose of than cases in Illinois.

Similarly, in 2017, time to disposition for misdemeanor cases in Wisconsin were roughly 45 days longer than in Illinois and Colorado. By 2023, misdemeanor cases in Wisconsin took 110 more days to dispose of than cases in Colorado, and 136 more days to dispose of than cases in Illinois.

Time to Disposition Varies within States

The state-wide numbers hide the variation within states. While Wisconsin had consistently higher times to disposition than Illinois or Colorado, the patterns were not the same in all counties. Milwaukee County - the largest in the state - saw an increase of 130 days in overall time to disposition, driven by significant increases in felony cases.

This was true in Illinois as well - with several counties experienced very long times to disposition. Relatively short times to disposition in Cook County (Chicago) were likely due to the large volume of cases direct filed by law enforcement and quickly dismissed by prosecutors.

Moreover, the pandemic affected counties very differently - some saw steep increases in time to disposition, while others saw little or no change. The relatively low over times to disposition in some larger counties is likely due to the high volume of low-level misdemeanor and criminal traffic cases handled by offices in Colorado.

Increases in Overall Time to Disposition Driven Mostly by Felony Cases

State-wide and jurisdiction level numbers also hide variation in time to disposition across cases. For example, the increase in time to disposition in Illinois and Colorado was driven primarily by increases in time to disposition for felony cases. For example, in Illinois In 2017, time to disposition in felony cases was 65 days longer than in misdemeanor cases; by 2023, this increased to 154 days longer.

Similarly, in Colorado in 2017, time to disposition in felony cases was 65 days longer than in misdemeanor cases; by 2023, this increased to 110 days longer.

However, in Wisconsin, time to disposition for both felony and misdemeanor cases increased at similar rates. in 2017, time to disposition in felony cases was 45 days longer than in misdemeanor cases; by 2023, this increased to 77 days longer.

Some Cases Drive Overall Time to Disposition

Across all three states, specific offenses consumed a great deal of case processing days. For example, in Colorado, some high volume offenses with long times to disposition - like Driving Under Restraint - consume a large number of case processing days, while others - like Possession of a Controlled Substance - consume far fewer. Similarly, case types with long case processing times - like Homicide - nonetheless, consume few case processing days, largely due to their relatively low volume.

Case Flow Management Is Associated with Time to Disposition

Three factors identified in the literature as driving case processing delays are the volume of cases, the number of hearings per case, and the time between hearings during the processing of a case.

There was wide variation in both the number of felony cases disposed and the change in time to disposition across jurisdictions - but case volume was not related to time to disposition or increases in time to disposition.

However, across the three states examined, both of the number of hearings per case and the time between hearings increased since the pandemic in nearly every jurisdiction.

In several jurisdictions, the increases have been dramatic with some jurisdictions adding an additional 10 or more hearings per case and an additional 5 days between hearings.

When we consider changes in the average number of hearings per case and time to disposition, a clear pattern emerges. However, it is also clear that some jurisdictions experienced a decrease in the average number of hearings per case and no change in time to disposition or a slight decrease.

When we consider changes in the average number of days between hearings, a similar pattern emerges - increases in the number of days between hearings is associated with an increase in time to disposition. Again - some counties experienced decreases in both time between hearings and time to disposition.

Conclusions and Next Steps

As an initial look, the number of hearings and the time between hearings are associated with increases in time to disposition.

The substance of the additional hearings and the reasons for extended time between is the next phase of the research.