118 HR 3223 IH: Creating Additional Seats to Ease Legally Overburdened Adjudicators’ Dockets Act of 2023
U.S. House of Representatives
2023-05-11
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I
118th CONGRESS
1st Session
H. R. 3223
IN THE HOUSE OF REPRESENTATIVES
May 11, 2023
Mr. Costa (for himself, Mr. Obernolte, and Ms. Matsui) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To authorize additional district judges for the district court for the eastern district of California.
1.

Short title
This Act may be cited as the “Creating Additional Seats to Ease Legally Overburdened Adjudicators’ Dockets Act of 2023” or the “CASE LOAD Act of 2023”.
2.

Findings
Congress finds the following:
(1)
The Federal district court for the eastern district of California is the Federal trial court for 34 counties, including five of the fastest-growing cities in the State of California, serving a population of approximately 8,400,000.
(2)
The Federal district court for the eastern district of California is one of the largest judicial districts in the country, with approximately 8,400,000 residents and over 87,000 square miles of land. Yet, there are only six permanent judgeships, with one upcoming vacancy pending a nomination elevating a sitting district judge.
(3)
Based on the 2019 U.S. census data, the ratio of authorized district judgeships to population was 1:1,362,552. The central district of California has the next highest ratio in the State, nearly half the size, with 1:694,323.
(4)
As of June 2022, the total pending cases per judgeship in the Federal district court for the eastern district of California was 1,308, over 2.6 times larger than the average for all districts within the United States Court of Appeals for the Ninth Circuit. Pending caseloads remain high, and if a new vacancy opens upon the elevation of the district judge, caseloads will once again reach this unsustainable level.
3.

Additional district judges for the eastern district of California
(a)

2025
(1)

Additional judgeships
On or after January 21, 2025, the President shall appoint, by and with the advice and consent of the Senate, 2 additional district judges for the eastern district of California.
(2)

Clerical amendment
The table contained in section 133(a) of title 28, United States Code, is amended by striking the items relating to California and inserting the following:
“California: |
Northern | 14
Eastern | 8
Central | 27
Southern | 13”.
(3)

Effective date
The amendment made by paragraph (2) shall take effect on January 20, 2025.
(b)

2027
(1)

Additional judgeships
On or after January 5, 2027, the President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the eastern district of California.
(2)

Clerical amendment
The table contained in section 133(a) of title 28, United States Code, is amended by striking the items relating to California and inserting the following:
“California: |
Northern | 14
Eastern | 9
Central | 27
Southern | 13”.
(3)

Effective date
The amendment made by paragraph (2) shall take effect on January 4, 2027.
(c)

2029
(1)

Additional judgeships
On or after January 21, 2029, the President shall appoint, by and with the advice and consent of the Senate, 2 additional district judges for the eastern district of California.
(2)

Clerical amendment
The table contained in section 133(a) of title 28, United States Code, is amended by striking the items relating to California and inserting the following:
“California: |
Northern | 14
Eastern | 11
Central | 27
Southern | 13”.
(3)

Effective date
The amendment made by paragraph (2) shall take effect on January 20, 2029.
4.

Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act, including such sums as may be necessary to provide appropriate space and facilities for the judicial positions created by this Act or an amendment made by this Act.