[Congressional Record Volume 143, Number 24 (Friday, February 28, 1997)]
[Senate]
[Pages S1796-S1797]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself and Mr. Inouye):
  S. 382. A bill to amend chapter 3 of title 28, United States Code, to 
provide for the appointment in each Federal judicial circuit court of 
appeals, of at least one resident of each State in such circuit, and 
for other purposes; to the Committee on the Judiciary.


                 THE JUDICIARY APPOINTMENTS ACT OF 1997

  Mr. AKAKA. Mr. President, I am pleased to reintroduce the Fairness in

[[Page S1797]]

Judiciary Appointments Act of 1997, with my colleague, the senior 
Senator from Hawaii. Our measure would require the appointment of 
judges on the circuit court of appeals from all States in the circuit. 
This legislation is identical to S. 1320, which was introduced in 1995.
  This measure will require no new appropriations and no additional 
spending authority. It would, however, ensure fairness in the 
appointment of circuit court judges and remove political pressure in 
weighing the nomination of a person from a more populated State over an 
individual from a less populated State.
  Our bill would require that judges on the circuit court of appeals be 
appointed from every State in the circuit. The impact of the measure on 
fairness and justice would be long-term and far-reaching. It will 
assure that all citizens of every State in the Nation are represented 
by an active circuit judge on each of the circuits.
  I am disappointed that the past three administrations have failed to 
nominate a circuit court judge from Hawaii, which is part of the ninth 
circuit. Hawaii's only active judge serves as a senior judge since his 
retirement over 10 years ago. There are currently 8 vacancies on the 
court out of 28 seats. Two additional judges are expected to retire 
this spring, which will mean that a full one-third of the seats on the 
ninth circuit court will be vacant.
  I will not go into the inability of the Senate to act on judicial 
appointments in the last Congress at this time. However, I will state 
for my colleagues that I am hopeful we will eliminate the existing 
backlog of vacancies at all levels of the Federal court system in a 
bipartisan manner.
  It is my firm belief that legal decisions should be based on the law, 
not representation. But representation would add to the credibility and 
legitimacy of the Federal appellate courts and the decisions they 
render. I urge my colleagues to support the Fairness in Judiciary 
Appointment Act of 1997.
  Mr. President, I ask consent that my bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 382

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. STATE RESIDENCY OF JUDGES OF FEDERAL COURTS OF 
                   APPEALS.

       (a) In General.--Section 44(c) of title 28, United States 
     Code, is amended--
       (1) in inserting ``(1)'' after ``(c)''; and
       (2) by adding at the end thereof the following new 
     paragraph:
       ``(2) In each circuit (other than the Federal judicial 
     circuit) there shall be at least one circuit judge in regular 
     active service appointed from the residents of each State in 
     that circuit.''.
       (b) Appointments.--As vacancies occur and judgeships are 
     created for Federal circuit judges, the President shall make 
     appointments under section 44(a) of title 28, United States 
     Code, in a manner to meet the requirements of subsection 
     (c)(2) of such section (as added by subsection (a) of this 
     section) at the earliest practical date.
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