[Congressional Record Volume 143, Number 152 (Tuesday, November 4, 1997)]
[Senate]
[Pages S11683-S11685]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL (for himself and Mr. Feingold):
  S. 1361. A bill to provide for the appointment of 1 additional 
Federal district judge for the eastern district of Wisconsin, and for 
other purposes; to the Committee on the Judiciary.


              THE WISCONSIN FEDERAL JUDGESHIP ACT OF 1997

  Mr. KOHL. Mr. President, I rise today with my colleague from 
Wisconsin, Senator Feingold, to introduce the Wisconsin Federal 
Judgeship Act of 1997. This bill would create one additional Federal 
judgeship for the eastern district of Wisconsin and situate it in Green 
Bay, where a district court is crucially needed. Let me explain how the 
current system hurts--and how this additional judgeship will help--
businesses, law enforcement agents, witnesses, victims, and individual 
litigants in northeastern Wisconsin.
  First, the four full-time district court judges for the eastern 
district of Wisconsin currently preside in Milwaukee. Yet for most 
litigants and witnesses in northeastern Wisconsin, Milwaukee is well 
over 100 miles away. Thus, litigants and witnesses must incur 
substantial costs in traveling from northern Wisconsin to Milwaukee--
costs in terms of time, money, resources, and effort. Indeed driving 
from Green Bay to Milwaukee takes nearly two hours each way. Add 
inclement weather or a departure point north of Green Bay--such as 
Oconto or Marinette--and the driving time alone often results in 
witnesses traveling for a far longer period of time than they actually 
spend testifying.
  Second, Mr. President, as Attorney General Janet Reno recently noted 
before the Judiciary Committee, Federal crimes remain unacceptably high 
in northeastern Wisconsin. These crimes range from bank robbery and 
kidnaping to Medicare and Medicaid fraud. However, without the 
appropriate judicial resources, a crackdown on Federal crimes in the 
upper will be made enormously more difficult.
  Third, many manufacturing and retail companies are located in 
northeastern Wisconsin. These companies often require a Federal court 
to litigate complex price-fixing, contract, and liability disputes with 
out-of-State businesses. But the sad truth is that many of these cases 
are never even filed--precisely because the northern part of the State 
lacks a Federal court. Mr. President, this hurts businesses not only in 
Wisconsin, but across the Nation.
  Fourth, prosecuting cases on the Menominee Indian Reservation creates 
specific problems that alone justify having a Federal judge in Green 
Bay. Under current law, the Federal Government is required to prosecute 
all felonies committed by Indians that occur on the Menominee 
Reservation. The reservation's distance from the Federal prosecutors 
and courts--more than 150 miles--makes these prosecutions problematic. 
And because the Justice Department compensates attorneys, 
investigators, and sometimes witnesses for travel expenses, the 
existing system costs all of us. In addition, Mr. President, we saw 
juvenile crime rates on this reservation rise by 279 percent last year 
alone. Without an additional judge in Green Bay, the administration

[[Page S11684]]

of justice, as well as the public's pocketbook, will suffer enormously.
  Fifth, Mr. President, the creation of an additional judgeship in the 
eastern district of Wisconsin is also clearly justified on the basis of 
caseload. I have commissioned the General Accounting Office to look at 
this issue and their report will be released early next year and which 
we expect will confirm our belief. However, based on standards already 
established by the Judicial Conference, the administrative and 
statistical arm of the Federal judiciary, an additional judgeship is 
clearly needed. In 1994, the Judicial Conference recommended the 
creation of additional Federal judgeships on the basis of weighted 
filings; that is, the total number of cases filed per judge modified by 
the average level of case complexity. In 1994, new positions were 
justified where a district's workload exceeded 430 weighted filings per 
judge. On this basis, the eastern district of Wisconsin clearly merits 
an additional judgeship: it tallied more than 435 weighted filings in 
1993 and averaged 434 weighted filings per judge between 1991-93. In 
fact, though our bill would not add an additional judge in the western 
district of Wisconsin, we could make a strong case for doing so because 
the average weighted filings per judge in the western district was 
almost as high as in the eastern district.
  Mr. President, our legislation in simple, effective, and 
straightforward. It creates an additional judgeship for the eastern 
district, requires that one judge hold court in Green Bay, and gives 
the chief judge of the eastern district the flexibility to designate 
which judge holds court there. And this legislation would increase the 
number of Federal district judges in Wisconsin for the first time since 
1978. During that period, more than 252 new Federal district judgeships 
have been created nationwide, but not a single one in Wisconsin.
  And don't take my word for it, Mr. President, ask the people who 
would be most affected: in 1994 each and every sheriff and district 
attorney in northeastern Wisconsin urged me to create a Federal 
district court in Green Bay. I ask unanimous consent that a letter from 
these law enforcement officials be included in the Record at the 
conclusion of my remarks. I also ask unanimous consent that a letter 
from the U.S. attorney for the eastern district of Wisconsin, Tom 
Schneider, also be included. This letter expresses the support of the 
entire Federal law enforcement community in Wisconsin--including the 
FBI, the DEA, and the BATF--for the legislation we are introducing. 
They needed this additional judicial resource in 1994, and certainly, 
Mr. President, that need has only increased over the last 3 years.
  Perhaps most important, the people of Green Bay also agree on the 
need for an additional Federal judge, as the endorsement of our 
proposal by the Green Bay Chamber of Commerce demonstrates.
  In conclusion, Mr. President, having a Federal judge in Green Bay 
will reduce costs and inconvenience while increasing judicial 
efficiency. But most important, it will help ensure that justice is 
more available and more affordable to the people of northeastern 
Wisconsin. As the courts are currently arranged, the northern portion 
of the eastern district is more remote from a Federal court than any 
other major population center, commercial or industrial, in the United 
States. For these sensible reasons, I urge my colleagues to support 
this legislation. We hope to enact this measure, either separately or 
as a part of an omnibus judgeship bill the Judiciary Committee may 
consider later this Congress.
  Mr. President, I ask unanimous consent that additional material be 
printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1361

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

     SECTION 1. ADDITIONAL FEDERAL DISTRICT JUDGE FOR THE EASTERN 
                   DISTRICT OF WISCONSIN.

       (1) Short Title.--This Act may be cited as the ``Wisconsin 
     Federal Judgeship Act of 1997''.
       (b) In General.--The President shall appoint, by and with 
     the advice and consent of the Senate, 1 additional district 
     judge for the eastern district of Wisconsin.
       (c) Tables.--In order that the table contained in section 
     133 of title 28, United States Code, shall reflect the change 
     in the total number of permanent district judgeships 
     authorized under subsection (a), such table is amended by 
     amending the item relating to Wisconsin to read as follows:

        ``Wisconsin:
``Eastern...........................................................  5
``Western..........................................................2''.
       (d) Holding of Court.--The chief judge of the eastern 
     district of Wisconsin shall designate 1 judge who shall hold 
     court for such district in Green Bay, Wisconsin.
                                                                    ____

                                                   August 8, 1994.
     U.S. Senator Herb Kohl,
     Washington, DC.
       Dear Senator Kohl: We are writing to urge your support for 
     the creation of a Federal District Court in Green Bay. The 
     Eastern District of Wisconsin includes the 28 eastern-most 
     counties from Forest and Florence Counties in the north to 
     Kenosha and Walworth Counties in the south.
       Green Bay is central to the northern part of the district 
     which includes approximately one third of the district's 
     population. Currently, all Federal District Judges hold court 
     in Milwaukee.
       A federal court in Green Bay would make federal proceedings 
     much more accessible to the people of northern Wisconsin and 
     would alleviate many problems for citizens and law 
     enforcement. Travel time of 3 or 4 hours each way makes it 
     difficult and expensive for witnesses and officers to go to 
     court in Milwaukee. Citizen witnesses are often reluctant to 
     travel back and forth to Milwaukee. It often takes a whole 
     day of travel to come to court and testify for a few minutes. 
     Any lengthy testimony requires an inconvenient and costly 
     overnight stay in Milwaukee. Sending officers is costly and 
     takes substantial amounts of travel time, thereby reducing 
     the number of officers available on the street. Many cases 
     are simply never referred to federal court because of this 
     cost and inconvenience.
       In some cases there is no alternative. For example, the 
     Federal government has the obligation to prosecute all felony 
     offenses committed by Indians on the Menominee Reservation. 
     Yet the Reservation's distance from the Federal Courts and 
     prosecutors in Milwaukee poses serious problems. Imagine the 
     District Attorney of Milwaukee being located in Keshena or 
     Green Bay or Marinette and trying to coordinate witness 
     interviews, case preparation, and testimony.
       As local law enforcement officials, we try to work closely 
     with other local, state and federal agencies, and we believe 
     establishing a Federal District Court in Green Bay will 
     measurably enhance these efforts. Most important, a Federal 
     Court in Green Bay will make these courts substantially more 
     accessible to the citizens who live here.
       We urge you to introduce and support legislation to create 
     and fund an additional Federal District Court in Green Bay.
         Gary Robert Bruno, Shawano and Menominee County District 
           Attorney; Jay Conley, Oconto County District Attorney; 
           John DesJardins, Outagamie County District Attorney; 
           Douglas Drexler, Florence County District Attorney; Guy 
           Dutcher, Waushara County District Attorney; E. James 
           FitzGerald, Manitowoc County District Attorney; Kenneth 
           Kratz, Calumet County District Attorney; Jackson Main, 
           Jr., Kewaunee County District Attorney; David Miron, 
           Marinette County District Attorney; Joseph Paulus, 
           Winnebago County District Attorney; Gary Schuster, Door 
           County District Attorney; John Snider, Waupaca County 
           District Attorney; Ralph Uttke, Langlade County 
           District Attorney; Demetrio Verich, Forest County 
           District Attorney; John Zakowski, Brown County District 
           Attorney.
         William Aschenbrener, Shawano County Sheriff; Charles 
           Brann, Door County Sheriff; Todd Chaney, Kewaunee 
           County Sheriff; Michael Donart, Brown County Sheriff; 
           Patrick Fox, Waushara County Sheriff; Bradley Gehring, 
           Outagamie County Sheriff; Daniel Gillis, Calumet County 
           Sheriff; James Kanikula, Marinette County Sheriff; 
           Norman Knoll, Forest County Sheriff; Thomas Kocourek, 
           Manitowoc County Sheriff; Robert Kraus, Winnebago 
           County Sheriff; William Mork, Waupaca County Sheriff; 
           Jeffrey Rickaby, Florence County Sheriff; David Steger, 
           Langlade County Sheriff; Kenneth Woodworth, Oconto 
           County Sheriff.
         Richard Awonhopay, Chief, Menominee Tribal Police; 
           Richard Brey, Chief of Police, Manitowoc; Patrick 
           Campbell, Chief of Police, Kaukauna; James Danforth, 
           Chief of Police, Onelda Public Safety; Donald Forcey, 
           Chief of Police, Neenah; David Gorski, Chief of Police, 
           Appleton; Robert Langan, Chief of Police, Green Bay; 
           Michael Lien, Chief of Police, Two Rivers; Mike Nordin, 
           Chief of Police, Sturgeon Bay; Patrick Ravet, Chief of 
           Police, Marinette; Robert Stanke, Chief of Police, 
           Menasha; Don Thaves, Chief of Police, Shawano; James 
           Thome, Chief of Police, Oshkosh.

[[Page S11685]]

           
                                                                    ____
         U.S. Department of Justice, U.S. Attorney, Eastern 
           District of Wisconsin,
                                    Milwaukee, WI, August 9, 1994.
     To: The District Attorney's, Sheriffs and Police Chiefs 
         Urging the Creation of a Federal District Court in Green 
         Bay.
     From: Thomas P. Schneider, U.S. Attorney, Eastern District of 
         Wisconsin.

       Thank you for your letter of August 8, 1994, urging the 
     creation of a Federal District Court in Green Bay. You point 
     out a number of facts in your letter:
       (1) Although \1/3\ of the population of the Eastern 
     District of Wisconsin is in the northern part of the 
     district, all of the Federal District Courts are located in 
     Milwaukee.
       (2) A federal court in Green Bay would be more accessible 
     to the people of northern Wisconsin. It would substantially 
     reduce witness travel time and expenses, and it would make 
     federal court more accessible and less costly for local law 
     enforcement agencies.
       (3) The federal government has exclusive jurisdiction over 
     most felonies committed on the Menominee Reservation, located 
     approximately 3 hours from Milwaukee. The distance to 
     Milwaukee is a particular problem for victims, witnesses, and 
     officers from the Reservation.
       I have discussed this proposal with the chiefs of the 
     federal law enforcement agencies in the Eastern District of 
     Wisconsin, including the Federal Bureau of Investigation, 
     Federal Drug Enforcement Administration, Bureau of Alcohol, 
     Tobacco and Firearms, Secret Service, U.S. Marshal, U.S. 
     Customs Service, and Internal Revenue Service-Criminal 
     Investigation Division. All express support for such a court 
     and given additional reasons why it is needed.
       Over the past several years, the FBI, DEA, and IRS have 
     initiated a substantial number of investigations in the 
     northern half of the district. In preparation for indictments 
     and trials, and when needed to testify before the Grand Jury 
     or in court, officers regularly travel to Milwaukee. Each 
     trip requires 4 to 6 hours of round trip travel per day, plus 
     the actual time in court. In other words, the agencies' 
     already scarce resources are severely taxed. Several federal 
     agencies report that many cases which are appropriate for 
     prosecution are simply not charged federally because local 
     law enforcement agencies do not have the resources to bring 
     these cases and officers back and forth to Milwaukee.
       Nevertheless, there have been a substantial number of 
     successful federal investigations and prosecutions from the 
     Fox Valley area and other parts of the Northern District of 
     Wisconsin including major drug organizations, bank frauds, 
     tax cases, and weapons cases.
       It is interesting to note that the U.S. Bankruptcy Court in 
     the Eastern District of Wisconsin holds hearings in Green 
     Bay, Manitowoc, and Oshkosh, all in the northern half of the 
     district. For the past four years approximately 29% of all 
     bankruptcy filings in the district were in these three 
     locations.
       In addition, we continue to prosecute most felonies 
     committed on the Menominee Reservation. Yet, the 
     Reservation's distance from the federal courts in Milwaukee 
     poses serious problems. A federal court in Green Bay is 
     critically important if the federal government is to live up 
     to its moral and legal obligation to enforce the law on the 
     Reservation.
       In summary, I appreciate and understand your concerns and I 
     join you in urging the certain of a Federal District Court in 
     Green Bay.
                                              Thomas P. Schneider,
                     U.S. Attorney, Eastern District of Wisconsin.

  Mr. FEINGOLD. Mr. President, I am pleased today to join my friend and 
colleague from Wisconsin, Senator Kohl, in introducing the Wisconsin 
Federal Judgeship Act of 1997. I want to commend my colleague for his 
leadership and dedication on this very important matter.
  Mr. President, the legislation being introduced will address a 
serious problem currently confronting the citizens of the eastern 
district of Wisconsin. At present, the eastern district of Wisconsin 
consists of four district court judges and two appellate judges, all of 
which sit in Milwaukee. However, the eastern district of Wisconsin is 
an expansive area which extends from Wisconsin's southern border with 
Illinois all the way to the north and the Great Lakes. Approximately 
one-third of the population of the eastern district of Wisconsin lives 
and works in the northern part of the district. While Milwaukee is 
centrally located for the majority of residents who reside in south-
eastern Wisconsin, the same cannot be said for the residents of my 
State which live in the northern portion of the district.
  The Wisconsin Judgeship Act addresses this problem by placing a fifth 
district court judgeship in Green Bay which is centrally located in the 
northern portion of Wisconsin's eastern district. The simple fact of 
the matter is that at present access to the justice system is 
burdensome and expensive for the residents and for law enforcement of 
northeastern Wisconsin. In some instances, the travel time incurred by 
victims, witnesses, and law enforcement is as much as 3 or 4 hours each 
way, often longer depending upon the weather. In some cases, the cost, 
both in time and in scarce resources, may simply mean that legitimate 
cases are not being heard. Another troubling facet of this situation is 
that northeastern Wisconsin is home to the Menominee Indian 
Reservation. Because the Federal Government retains significant 
jurisdictional responsibility for cases arising on the reservation, the 
requirement that the cases be adjudicated in Milwaukee is particularly 
problematic in these cases. Based on these facts Mr. President, it is 
little wonder that this legislation has the strong support of law 
enforcement, both from police and prosecutors, from all across the 
eastern district of Wisconsin.
  By placing a Federal judge in Green Bay, not only will the residents 
of the growing Fox River Valley have easier access to the court, but so 
too will those residents of my State which live in the north. Mr. 
President, I have long believed that access to the administration of 
justice is among the most important and fundamental rights that we as 
Americans retain. Ensuring access to the courthouse is one of the 
primary responsibilities that the Federal Government has to its 
citizens. As members of the Senate Committee on the Judiciary, Senator 
Kohl and I see firsthand how important the timely administration of 
justice is to our Democratic Government. The inability to receive one's 
day in court because of geographic distance, as appears to be happening 
to some in my State, is unacceptable. This legislation will address 
that inequity and I look forward to working with Senator Kohl and other 
members of the Judiciary Committee and the Senate as this legislation 
moves forward.
                                 ______