[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1771 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1771
To authorize additional district judges for the district court for the
eastern district of California.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 31 (legislative day, May 30), 2023
Mr. Padilla introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize additional district judges for the district court for the
eastern district of California.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States District Court for the Eastern
District of California is the Federal trial court for 34
counties, including 5 of the fastest-growing cities in
California, serving a population of approximately 8,400,000.
(2) The United States 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 6 permanent
judgeships, with 1 upcoming vacancy pending a nomination
elevating a sitting district judge.
(3) Based on the 2019 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 \1/2\ the size, with 1:694,323.
(4) As of June 2022, the total pending cases per judgeship
in the United States 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.
SEC. 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) Technical and conforming amendment.--The table 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) Technical and conforming amendment.--The table 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) Technical and conforming amendment.--The table 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.
SEC. 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 and the
amendments made by this Act.
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