101 S2759 IS: Judicial Understaffing Delays Getting Emergencies Solved Act U.S. Senate 2023-09-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 2759IN THE SENATE OF THE UNITED STATESSeptember 11, 2023Mr. 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 JudiciaryA BILLTo authorize additional district judges for the district courts and convert temporary judgeships.

1.

Short title

This Act may be cited as the Judicial Understaffing Delays Getting Emergencies Solved Act or the JUDGES Act.

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.

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:Arizona15;(2)by striking the items relating to California and inserting the following:California:Northern20Eastern10Central37Southern15; (3)by striking the item relating to Colorado and inserting the following:Colorado9;(4)by striking the item relating to Delaware and inserting the following:Delaware6;(5)by striking the items relating to Florida and inserting the following:Florida:Northern5Middle20Southern21;(6)by striking the items relating to Georgia and inserting the following:Georgia:Northern13Middle4Southern3;(7)by striking the item relating to Idaho and inserting the following:Idaho3;(8)by striking the items relating to Indiana and inserting the following:Indiana:Northern5Southern6;(9)by striking the items relating to Iowa and inserting the following:Iowa:Northern3Southern3;(10)by striking the items relating to Missouri and inserting the following:Missouri:Eastern7Western5Eastern and Western2;(11)by striking the item relating to Nebraska and inserting the following:Nebraska4;(12)by striking the item relating to New Jersey and inserting the following:New Jersey20;(13)by striking the item relating to New Mexico and inserting the following:New Mexico7;(14)by striking the items relating to New York and inserting the following:New York:Northern5Southern30Eastern17Western5; (15)by striking the items relating to North Carolina and inserting the following:North Carolina:Eastern4Middle4Western5;and(16)by striking the items relating to Texas and inserting the following:Texas:Northern13Southern23Eastern10Western19.

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.

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.