[Congressional Record Volume 143, Number 14 (Thursday, February 6, 1997)]
[Senate]
[Page S1104]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BURNS:
  S. 283. A bill to establish a Commission on Structural Alternatives 
for the Federal Court of Appeals; to the Committee on the Judiciary.


THE STRUCTURAL ALTERNATIVES FOR THE FEDERAL COURT OF APPEALS COMMISSION 
                       ESTABLISHMENT ACT OF 1997

 Mr. BURNS. Mr. President, I introduce a bill which would 
establish a Commission on Structural Alternatives for the Federal Court 
of Appeals.
  This commission would study the present division of the United States 
into the several judicial circuits, study the structure and alignment 
of the Federal Court of Appeals system, with particular reference to 
the ninth circuit, and report recommendations to the President and 
Congress on appropriate changes in circuit boundaries or structure for 
the expeditious and effective disposition of the caseload of the 
Federal Court of Appeals, consistent with fundamental conceptions of 
fairness and due process.
  As you may know, I have cosponsored legislation in the past that 
would have split the ninth circuit. I have not altered my opinion of 
the need for this, however, it seems that some of my colleagues need a 
little bit more convincing. That is why I believe having a well-formed 
commission, which examines this issue closely and delivers a 
nonpolitical response, will dispel the doubts that my colleagues have 
about a split.
  I believe that the commission will begin to answer some of the 
concerns that Montanans have voiced that they are not obtaining the 
same level of judicial consideration as others in the ninth circuit. 
Considering the size of the district, I have the same doubts. The ninth 
circuit is now comprised not only of Montana, but also, Alaska, 
Arizona, California, Guam, Hawaii, Idaho, the Northern Mariana Islands, 
Nevada, Oregon, and Washington. That's nine States and two 
principalities. The ninth circuit is about twice the size of the next 
largest circuit, both in population and geography.
  Its caseload is among the fastest growing in the Nation, and the time 
to complete an average appeal, more than 14 months, is more than 4 
months longer than the national average. Its 28 judges are about twice 
the recommended number for an appellate circuit.
  Any objective view of the ninth circuit is a case study in the phrase 
``Justice delayed is justice denied.'' I am optimistic that a 
commission that studies the ninth will come to the same conclusion: 
This body will acknowledge this travesty and finally move for justice 
for all.
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