[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2759 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2759

  To authorize additional district judges for the district courts and 
                     convert temporary judgeships.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 11, 2023

   Mr. Young (for himself, Mr. Coons, Mr. Lankford, and 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 courts and 
                     convert temporary judgeships.

    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 ``Judicial Understaffing Delays 
Getting Emergencies Solved Act'' or the ``JUDGES Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Article III of the Constitution of the United States 
        gives Congress the power to establish judgeships in the 
        district courts of the United States.
            (2) Congress has not created a new district court judgeship 
        since 2003 and has not enacted comprehensive judgeship 
        legislation since 1990.
            (3) This represents the longest period of time since 
        district courts of the United States were established in 1789 
        that Congress has not authorized any new permanent district 
        court judgeships.
            (4) By the end of fiscal year 2022, filings in the district 
        courts of the United States had increased by 30 percent since 
        the last comprehensive judgeship legislation.
            (5) As of March 31, 2023, there were 686,797 pending cases 
        in the district courts of the United States, with an average of 
        491 weighted case filings per judgeship over a 12-month period.
            (6) To deal with increased filings in the district courts 
        of the United States, the Judicial Conference of the United 
        States requested the creation of 66 new district court 
        judgeships in its 2023 report.

SEC. 3. ADDITIONAL DISTRICT JUDGES FOR THE DISTRICT COURTS.

    (a) Additional Judgeships.--
            (1) 2025.--On or after January 21, 2025, the President 
        shall appoint, by and with the advice and consent of the 
        Senate--
                    (A) 1 additional district judge for the district of 
                Arizona;
                    (B) 5 additional district judges for the central 
                district of California;
                    (C) 2 additional district judges for the eastern 
                district of California;
                    (D) 3 additional district judges for the northern 
                district of California;
                    (E) 1 additional district judge for the southern 
                district of California;
                    (F) 1 additional district judge for the district of 
                Colorado;
                    (G) 1 additional district judge for the district of 
                Delaware;
                    (H) 2 additional district judges for the middle 
                district of Florida;
                    (I) 1 additional district judge for the southern 
                district of Florida;
                    (J) 1 additional district judge for the northern 
                district of Georgia;
                    (K) 1 additional district judge for the district of 
                Idaho;
                    (L) 1 additional district judge for the southern 
                district of Indiana;
                    (M) 1 additional district judge for the northern 
                district of Iowa;
                    (N) 1 additional district judge for the district of 
                Nebraska;
                    (O) 1 additional district judge for the district of 
                New Jersey;
                    (P) 1 additional district judge for the eastern 
                district of New York;
                    (Q) 1 additional district judge for the southern 
                district of New York;
                    (R) 1 additional district judge for the eastern 
                district of Texas;
                    (S) 1 additional district judge for the northern 
                district of Texas;
                    (T) 2 additional district judges for the southern 
                district of Texas; and
                    (U) 3 additional district judges for the western 
                district of Texas.
            (2) 2029.--On or after January 21, 2029, the President 
        shall appoint, by and with the advice and consent of the 
        Senate--
                    (A) 1 additional district judge for the district of 
                Arizona;
                    (B) 4 additional district judges for the central 
                district of California;
                    (C) 2 additional district judge for the eastern 
                district of California;
                    (D) 3 additional district judges for the northern 
                district of California;
                    (E) 1 additional district judge for the southern 
                district of California;
                    (F) 1 additional district judge for the district of 
                Colorado;
                    (G) 1 additional district judge for the district of 
                Delaware;
                    (H) 3 additional district judges for the middle 
                district of Florida;
                    (I) 1 additional district judge for the northern 
                district of Florida;
                    (J) 2 additional district judges for the southern 
                district of Florida;
                    (K) 1 additional district judge for the northern 
                district of Georgia;
                    (L) 2 additional district judges for the district 
                of New Jersey;
                    (M) 1 additional district judge for the eastern 
                district of New York;
                    (N) 1 additional district judge for the southern 
                district of New York;
                    (O) 1 additional district judge for the western 
                district of New York;
                    (P) 1 additional district judge for the eastern 
                district of Texas;
                    (Q) 2 additional district judge for the southern 
                district of Texas; and
                    (R) 3 additional district judges for the western 
                district of Texas.
    (b) Temporary Judgeships.--
            (1) In general.--The President shall appoint, by and with 
        the advice and consent of the Senate--
                    (A) 2 additional district judges for the eastern 
                district of Oklahoma; and
                    (B) 1 additional district judge for the northern 
                district of Oklahoma.
            (2) Vacancies not filled.--The first vacancy in the office 
        of district judge in each of the offices of district judge 
        authorized by this subsection, occurring 5 years or more after 
        the confirmation date of the judge named to fill the temporary 
        district judgeship created in the applicable district by this 
        subsection, shall not be filled.
            (3) Effective date.--This subsection shall take effect on 
        January 21, 2025.
    (c) Conversion of Temporary Judgeships.--The existing judgeship for 
the eastern district of Missouri authorized by section 203(c) of the 
Judicial Improvements Act of 1990 (Public Law 101-650; 28 U.S.C. 133 
note) and the existing judgeships for the district of Arizona, the 
central district of California, the southern district of Florida, the 
district of New Mexico, the western district of North Carolina, and the 
eastern district of Texas authorized by section 312(c) of the 21st 
Century Department of Justice Appropriations Authorization Act (Public 
Law 107-273, 28 U.S.C. 133 note), as of the date of enactment of this 
Act, shall be authorized under section 133 of title 28, United States 
Code, and the incumbents in those offices shall hold the office under 
section 133 of title 28, United States Code, as amended by this Act.
    (d) Extension of Temporary Federal District Court Judgeships for 
the Northern District of Alabama and the District of Kansas.--
            (1) Northern district of alabama.--Section 312(c)(2) of the 
        21st Century Department of Justice Appropriations Authorization 
        Act (Public Law 107-273, 28 U.S.C. 133 note) is amended--
                    (A) in the first sentence, by striking 
                ``California'' and inserting ``California, northern 
                district of Alabama,''; and
                    (B) by inserting ``The first vacancy in the office 
                of district judge in the northern district of Alabama 
                occurring 26 years or more after the confirmation date 
                of the judge named to fill the temporary district 
                judgeship created in that district by this subsection, 
                shall not be filled.'' after the period at the end of 
                the third sentence.
            (2) District of kansas.--Section 203(c) of the Judicial 
        Improvements Act of 1990 (Public Law 101-650; 28 U.S.C. 133 
        note) is amended, in the matter following paragraph (12), in 
        the second sentence, by striking ``32 years and 6 months'' and 
        inserting ``37 years and 6 months''.
    (e) Technical and Conforming Amendments.--The table contained in 
section 133(a) of title 28, United States Code, is amended--
            (1) by striking the item relating to Arizona and inserting 
        the following:


  ``Arizona............................  15'';
 

            (2) by striking the items relating to California and 
        inserting the following:


  ``California:
  Northern.............................  20
  Eastern..............................  10
  Central..............................  37
  Southern.............................  15'';
 

            (3) by striking the item relating to Colorado and inserting 
        the following:


  ``Colorado...........................  9'';
 

            (4) by striking the item relating to Delaware and inserting 
        the following:


  ``Delaware...........................  6'';
 

            (5) by striking the items relating to Florida and inserting 
        the following:


  ``Florida:
  Northern.............................  5
  Middle...............................  20
  Southern.............................  21'';
 

            (6) by striking the items relating to Georgia and inserting 
        the following:


  ``Georgia:
  Northern.............................  13
  Middle...............................  4
  Southern.............................  3'';
 

            (7) by striking the item relating to Idaho and inserting 
        the following:


  ``Idaho..............................  3'';
 

            (8) by striking the items relating to Indiana and inserting 
        the following:


  ``Indiana:
  Northern.............................  5
  Southern.............................  6'';
 

            (9) by striking the items relating to Iowa and inserting 
        the following:


  ``Iowa:
  Northern.............................  3
  Southern.............................  3'';
 

            (10) by striking the items relating to Missouri and 
        inserting the following:


  ``Missouri:
  Eastern..............................  7
  Western..............................  5
  Eastern and Western..................  2'';
 

            (11) by striking the item relating to Nebraska and 
        inserting the following:


  ``Nebraska...........................  4'';
 

            (12) by striking the item relating to New Jersey and 
        inserting the following:


  ``New Jersey.........................  20'';
 

            (13) by striking the item relating to New Mexico and 
        inserting the following:


  ``New Mexico.........................  7'';
 

            (14) by striking the items relating to New York and 
        inserting the following:


  ``New York:
  Northern.............................  5
  Southern.............................  30
  Eastern..............................  17
  Western..............................  5'';
 

            (15) by striking the items relating to North Carolina and 
        inserting the following:


  ``North Carolina:
  Eastern..............................  4
  Middle...............................  4
  Western..............................  5'';
 

        and
            (16) by striking the items relating to Texas and inserting 
        the following:


  ``Texas:
  Northern.............................  13
  Southern.............................  23
  Eastern..............................  10
  Western..............................  19''.
 

SEC. 4. GAO REPORT ON VACANT AND UNDERUTILIZED COURTHOUSES.

    Not later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States shall make publicly available 
a report identifying Federal courthouses that are vacant or underused.

SEC. 5. 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.
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