CAAF’s shrinking petition docket continued
We noted earlier this term that CAAF was on pace to receive just 620 petitions this term. The pace of filing since then has actually fallen slightly. Through 11 January 2010, CAAF had received 223 petitions this term. Extrapolate that to 365 days and you get 612.
Here are the number of petitions filed in recent years (the annual report for last term isn’t out yet, but by my count there were 856 petitions filed last term):
2008 Term: 836 petitions [note -- this term lasted only 11 months]
FY 2007 Term: 937 petitions
FY 2006 Term: 1006 petitions
FY 2005 Term: 779 petitions
FY 2004 Term: 802 petitions
FY 2003 Term: 694 petitions
FY 2002 Term: 974 petitions
FY 2001 Term: 926 petitions
FY 2000 Term: 753 petitions
FY 1999 Term: 1051 petitions
We’ll continue to monitor the pace of petition filings this term.
So what are the reasons for this decline: better soldiers, better decision-making by convening authorities, better trial judges, lack of new and novel appellate issues, more alternative dispositions, etc? But check the trial stats among the services! The number of GCMs and BCD SPCMs tried over the last several years has declined considerably, making the pool of potential appellate cases smaller.
I would guess a significant portion of the decline in CMs overall is attributable to a decrease in the number of AWOLs – this is a mature war now and soldiers now know the playing field when they sign the contract. Anyone have statistics on the number of AWOLs tried, number of AWOL convictions subject to Art 66 jurisdiction over the last 9 years?
I’d guess its due to better decisions by the service courts: apparently appellants and counsel are agreeing more with the courts.
As far as Army goes, there were just less cases tried last in 2008 than in the preceeding years. 2009 was almost exactly the same, so probably no increase in petitions from the Army this year.