View From The Bench: Is It THAT Bad?

Judging the pace of headlines, one would think we are still swimming in foreclosures, sinking in unemployment and drowning in crime. But according to a new report from Ohio's Supreme Court -- we're actually trending better than one would imagine.

At least that's my takeaway from today's news release, citing the latest statistics compiled by reports from courts all across Ohio.

A reduction in the rate of growth for foreclosure cases is among the conclusions of a new report released today by the Supreme Court of Ohio that for the first time examines 10 years of data from Ohio courts.

Previously, the annual Ohio Courts Summary provided raw statistical tables of activity in Ohio's courts '“ from trial courts to appellate courts to the Supreme Court '“ including statistics about caseloads, case terminations and clearance rates from the previous year. (Mayor's courts' statistics are published in a separate report, which will be released later this year.)

Beginning this year, the raw data are published in a separate publication titled the Ohio Courts Statistical Report, which was published earlier this year. The Ohio Courts Statistical Summary now analyzes the data of the Ohio Courts Statistical Report and identifies trends.

As has been the case for the last several years, foreclosure cases stood out among the court statistics from 2008. In February, the Supreme Court reported a record high number of 85,773 new foreclosure filings in general division courts of common pleas in 2008. Beginning in 2007, foreclosure court cases outnumbered criminal cases in Ohio's common pleas courts for the first time on record.

However, today's report shows that while foreclosure cases have increased for 13 consecutive years, the rate of growth slowed considerably in 2007 and 2008 compared to previous years.
The number of new foreclosure cases filed in Ohio's common pleas courts increased by 23.5 percent from 2005 to 2006. From 2006 to 2007, foreclosures increased by 5.3 percent, and from 2007 to 2008, the rate of increase was 3.1 percent.

A special section on foreclosures delves deeper into these specific caseload statistics. Other notable trends from the report include:

• The rate of trials in civil cases declined from 1999 to 2008.
• Divorces and dissolutions are down nearly 20 percent over the decade.
• Custody and visitation cases in juvenile courts involving unmarried couples are up more than 25 percent since 1999.

Chief Justice Thomas J. Moyer, in his letter introducing the new report, noted the importance of providing reliable, transparent and accessible data on the courts.

'Transforming the mass of caseload statistics collected each year into useful and meaningful information is key to fulfilling our duty to maintain an effective and responsive judicial system,' he said.

Information contained in the reports is provided to the Supreme Court on a monthly basis by all courts except for courts of appeals and probate courts, which provide statistics on a quarterly basis.

If, as the report suggests, the rate of growth in foreclosure cases is actually slowing does that mean the recovery is starting, or are we pretty much hitting bottom in the world of double-digit unemployment? The actual number of foreclosure cases did hit an all-time high, leading one to suggest this is the worst -- but what does the slowing rate mean?

Among the other findings noted in Moyer's release: fewer divorces and failed marriages, fights over where the kids live when parents don't marry are up and trials in civil cases are down. On that last item: does that mean all the stories of a legal system run amok, with trial lawyers taking over the world, were just scare tactics?

Ohio's Supreme Court and, in particular, Chief Justice Moyer should be commended for putting these statistics out for public view and discussion. These relatively dry readings usually wind up in the legal journals but they have a big impact (and paint a vivid picture) of all of us.