The Sixth Circuit has been slowly moving up the rankings for the
time it takes to decide an appeal. A decade ago, the Sixth and
Ninth Circuits took the longest time to each a decision. But while
the Ninth Circuit remains slow (at 13.2 months), the latest
statistics Sixth Circuit is now the third-fastest circuit, averaging 8.5 months
between the notice of appeal and resolution. The only faster
circuits are the Fourth Circuit at 7.9 months, and the Eighth
Circuit, which decides cases in just 4.6 months.
Note, though, that those numbers can be misleading. They include
appeals that are dismissed lack of jurisdiction, on procedural
niceties, and for lack of prosecution. It also includes cases that
do not go to oral argument. For example, while the 8th
Circuit's average for all cases in 4.6 months, the circuit also
averages 4.5 months between briefing and oral argument, and then
another 3.9 months from oral argument to a decision. As a result,
while the Eighth Circuit is