While Appellate Space-Use Decisions Are Decentralized, They Are Guided by a Variety of Policies and Practices, Including National Policies to Reduce Space

		A Variety of Policies Guide Appellate Space-Use Decisions

The appellate judges and officials we spoke with in the 12 regional judicial  circuits and 11 GSA regional offices identified the following policies as  essential in helping to guide appellate space-use decisions, as well as  other court-related space decisions circuit-wide:  U.S. Courts Design Guide (Design Guide): The Design Guide specifies  the judiciary’s criteria for designing court facilities and sets the space and  design standards that GSA uses for courthouse construction and  renovation. Specifically, over the course of the 7- year period between October 2008 and September 2015 (fiscal years  2009 through 2015), appellate rent costs rose from about $107 million in  fiscal year 2009 to about $123 million in fiscal year 2014, but have since  decreased to about $121 million in fiscal year 2015 (see fig. During  the same period, appellate space occupied grew from about 4.61-million  rentable square feet in fiscal year 2009 to about 4.89- million rentable  square feet in fiscal year 2013, but has since decreased to 4.63-million  rentable square feet in fiscal year 2015, with a similar trend for usable square feet. As of March 2016,  according to the most recent AOUSC data available and our interviews  with all 12 regional circuits, circuits have completed 60 appellate space- reduction projects and begun an additional 22 projects—for a total of 82  projects. Appellate space reductions will become increasingly difficult: While  circuits have made progress reducing appellate space as part of the  judiciary’s national 3 percent space-reduction target, most circuit officials  we spoke to said future appellate space reductions required by the No  Net New policy will become increasingly difficult, in part, because circuits  have focused on appellate space that has been easier to reduce to  date—such as circuit libraries and unneeded storage or office space, as  discussed later in the report. While appellate courtrooms and judges’ chambers made up  about half of all appellate space in fiscal year 2015, as previously  mentioned, space reduction projects involving courtrooms and judges’  chambers made up about a quarter of all appellate space reduction  projects, completed and under way, from fiscal year 2013 through March  2016. AOUSC officials agreed with GAO’s assessment that limited information  is available concerning innovative appellate courtroom and judge’s  chambers design or use options. AOUSC officials agreed that appellate space  reductions will become increasingly difficult and said that, moving  forward, they could provide additional information for circuits considering  reductions in, or changes to, appellate courtrooms or judges’ chambers  design and use. Recommendation

To provide circuits with information needed to help guide future space- reduction and use decisions, we recommend that the Director of AOUSC  document and share additional practices on innovative and cost-effective  use or design of appellate courtrooms and judges’ chambers, such as  scheduling, redesign, and sharing arrangements, and any other potential  approaches, with all regional circuits in order to help them determine the  feasibility of these options for their circuit. Staff who made key contributions to this report are  listed in appendix V.

Appendix I: Objectives, Scope, and Methodology

Our objectives were to examine: (1) policies and practices that guide  space use decisions for federal courts of appeals; (2) trends in rent,  space occupied, and use of courtrooms and other space for federal courts  of appeals; and (3) actions the judiciary has taken to reduce or improve  use of appellate space, including any related challenges and the extent to  which it has shared information to support such efforts. We also interviewed relevant  officials with GSA’s 11 regional offices who work with the judiciary on  space needs and issues and officials from GSA’s central office and the  Administrative Office of the U.S. Courts (AOUSC) about space use  policies and appellate decision making. To examine the rent and space occupied by the U.S. Courts of Appeals,  we analyzed nationwide judiciary rent data generated from GSA’s billing system from fiscal years 2009 through 2015.
Why GAO Did This Study

As of fiscal year 2015, the federal judiciary paid over $1 billion in rent to the General Services Administration (GSA) for court-related space. GAO previously found that the judiciary faced challenges managing increasing space and rental costs, including for the U.S. Courts of Appeals.
GAO was asked to review the judiciary's space reduction efforts, focusing on appellate space. This report examines: (1) the policies and practices that guide space use decisions for federal courts of appeals; (2) trends in rent, space occupied, and use of appellate space; and (3) actions taken to reduce or improve use of appellate space, including any related challenges and the extent to which the judiciary has shared information to support such efforts.
GAO reviewed statutes, GSA and judicial policies and guidance, and information on projects to reduce appellate space; analyzed GSA's billing data on the judiciary from fiscal years 2009 through 2015; and visited 7 appellate courthouses, selected to include those in diverse locations with a variety of caseloads. GAO also interviewed officials in all 12 regional judicial circuits, AOUSC (the judiciary's administrative arm), GSA's central office, and GSA's 11 regional offices.

What GAO Found

Various judicial policies, such as those in the U.S. Courts Design Guide, help guide appellate space use decisions. Other key policies include the judiciary's national 3 percent space-reduction target and the No Net New policy, which requires regional judicial circuits—including each circuit's court of appeals—to offset space increases with equivalent reductions. In practice, space use decisions are generally made by appellate courts in conjunction with their regional circuit judicial councils, which exercise authority over all courts in a circuit.
After trending upward through 2014, appellate rent costs and space occupied have recently begun to decrease. Specifically, appellate rent costs rose from about $107 million in fiscal year 2009 to about $123 million in fiscal year 2014, but have since decreased to about $121 million in fiscal year 2015. During the same period, appellate space occupied grew from about 4.61-million square feet to about 4.89-million square feet in fiscal year 2013, but has since decreased to about 4.63-million square feet in fiscal year 2015. In total, courtrooms and judges' chambers account for about half of all appellate space, while libraries account for about 20 percent. Use of appellate courtrooms and judge's chambers varies across circuits, reflecting differences in circuit characteristics.
As of March 2016, circuits had completed 60 appellate space-reduction projects and begun an additional 22 projects, with the largest share of space reductions in circuit libraries. However, officials said that appellate space reductions will become increasingly challenging as easier projects are completed. To meet future requirements, most circuits said they anticipate needing to make reductions in, or changes to, appellate-courtrooms' or judges-chambers' use, such as the Third Circuit's appellate judges-chambers-sharing project (see fig.).
While circuit officials have access to space reduction information provided by the Administrative Office of the U.S. Courts (AOUSC), limited information is available to circuits on innovative practices for design and use of appellate courtrooms and judges' chambers. As space reductions become increasingly difficult, documenting and sharing this type of information could help circuits identify and pursue innovative space-saving options for appellate courtrooms and judges' chambers in the future.

What GAO Recommends

AOUSC should document and share additional practices across courts on innovative use or design of appellate courtrooms and judges' chambers. AOUSC said it will seriously consider GAO's recommendation.