[Congressional Record Volume 145, Number 78 (Thursday, May 27, 1999)]
[Senate]
[Pages S6288-S6289]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Inouye, Mr. Sarbanes, Mr. Reid, 
        Mr. Robb, Mr. Akaka, Mr. Schumer, and Mrs. Feinstein):
  S. 1145. A bill to provide for the appointment of addition Federal 
circuit and district judges, and for other purposes; to the Committee 
on the Judiciary.


                   The Federal Judgeship Act of 1999

 Mr. LEAHY. Mr. President, today I am introducing the Federal 
Judgeship Act of 1999. I am pleased that Senators Inouye, Sarbanes, 
Reid, Robb, Akaka, and Schumer are joining me as original cosponsors of 
this measure.
  Our bill creates 69 new judgeships across the country to address the 
increased caseloads of the Federal judiciary. Specifically, our 
legislation would: create 7 additional permanent judgeships and 4 
temporary judgeships for the U.S. Courts of Appeal; create 33 
additional permanent judgeships and 25 temporary judgeships for the 
U.S. District Courts; and convert 10 existing temporary district 
judgeships to permanent positions.
  This bill is based on the recommendations of the Judicial Conference 
of the United States, the nonpartisan policy-making arm of the judicial 
branch. Federal judges across the nation believe that the continuing 
heavy caseload of our courts of appeals and district courts merit these 
additional judges. Indeed, the Chief Justice of the United States in 
his 1998 year-end report of the U.S. Judiciary declared: ``The number 
of cases brought to federal courts is one of the most serious problems 
facing them today.''
  Chief Justice Rehnquist is right. The filings of cases in our Federal 
courts has reached record heights. For instance, criminal case filings 
in Federal courts rose 15 percent in 1998--nearly tripling the 5.2 
percent increase in 1997. The number of criminal cases filed since 1991 
increased 25 percent with the number of criminal defendants rising 21 
percent. In fact, the filings of criminal cases and defendants reached 
their highest levels since the Prohibition Amendment was repealed in 
1933.
  Federal civil caseloads have similarity increased. For the past eight 
years, total civil case filings have increased 22 percent in our 
Federal courts. This increase includes jumps of 145 percent in personal 
injury product liability cases, 112 percent in civil rights filings, 71 
percent in social security cases, 49 percent in copyright, patent and 
trademark filings, and 29 percent prisoner petitions from 1991 to 1998.
  But despite these dramatic increases in case filings, Congress has 
failed to authorize new judgeships since 1990, thus endangering the 
administration of justice in our nation's Federal courts.
  Historically, every six years Congress has reviewed the need for new 
judgeships. In 1984, Congress passed legislation to address the need 
for additional judgeships. Six years later, in 1990, Congress again 
fulfilled its constitutional responsibility and enacted the Federal 
Judgeship Act of 1990 because of a sharply increasing caseload, 
particularly for drug-related crimes. But in the last two Congresses, 
the Republican majority failed to follow this tradition. Two years ago 
the Judicial Conference requested an additional 55 judgeships to 
address the growing backlog. My legislation, based on the Judicial 
Conference's 1997 recommendations, S. 678, the Judicial Judgeship Act 
of 1997, languished in the Judicial Committee without action during 
both sessions of the last Congress.
  It is now nine years since Congress last seriously reexamined the 
caseload of the federal judiciary and the need

[[Page S6289]]

for more federal judges. Congress ignores the needs of the Federal 
judiciary at the peril of the American people. Overworked judges and 
heavy caseloads slow down the judicial process and delay justice. In 
some cases, justice is in danger of being denied because witnesses and 
evidence are lost due to long delays in citizens having their day in 
court.
  We have the greatest judicial system in the world, the envy of people 
around the globe who are struggling for freedom. It is the independence 
of our third, co-equal branch of government that gives it the ability 
to act fairly and impartially. It is our judiciary that has for so long 
protected our fundamental rights and freedoms and served as a necessary 
check on overreaching by the other two branches, those more susceptible 
to the gusts of the political winds of the moment.
  We are fortunate to have dedicated women and men throughout the 
Federal Judiciary in this country who do a tremendous job under 
difficult circumstances. They are examples of the hard-working public 
servants that make up the federal government. They deserve our respect 
and our support.
  Let us act now to ensure that justice is not delayed or denied for 
anyone. I urge the Senate to enact the Federal Judgeship Act of 1999 
without further delay.
                                 ______