[Congressional Record Volume 145, Number 120 (Wednesday, September 15, 1999)]
[Senate]
[Pages S10929-S10930]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself and Mr. Fitzgerald):
  S. 1583. A bill to convert two temporary Federal judgeships in the 
central and southern districts of Illinois to permanent judgeships, and 
for other purposes; to the Committee on the Judiciary.


                       The Illinois Judgeship Act

  Mr. DURBIN. Mr. President, today joined by colleague Senator 
Fitzgerald, I am introducing a bill that will make two temporary 
federal judgeships in Illinois permanent. The Southern District of 
Illinois, and the Central District of Illinois each have 3 permanent 
judgeships and one temporary judgeship.
  The Judicial Improvement Act of 1990 created these temporary 
judgeships to respond to a sharply increasing caseload, especially in 
the area of drug related crimes. President Bush appointed Judge Joe 
Billy McDade to fill the temporary judgeship in the Central District of 
Illinois and he was confirmed by the Senate in November of 1991. In 
September of 1992 the Senate confirmed another Bush nominee, Judge 
J.Phil Gilbert to fill the temporary judgeship in the Southern District 
of Illinois.
  In 1997, Congress extended the temporary judgeships until 10 years 
after the confirmation of the judge appointed to fill the vacancy. As a 
result, the temporary judgeship in the Central District is due to 
expire in November of 2001 and the temporary judgeship in the Southern 
District will expire in September of 2002. Since the judges that serve 
in these positions are Article III judges with lifetime appointments, 
they will not be affected, but the next vacancy within each district 
after the expiration date will not be filled.
  The Central District and the Southern District of Illinois are small 
courts and the loss of even one judgeship will have a dramatic impact 
on the caseload of the remaining judges. The statistics on this issue 
are compelling.
  The Administrative Office of the United States Courts keeps 
statistics on the average amount of time that it takes a civil case to 
come to trial. Even with 4 judgeships, the Central District of Illinois 
has a substantial wait for civil litigants--24 months, which is five 
months longer than the national average. In the Southern District of 
Illinois, the numbers are equally convincing--22 months on average for 
a civil case to go to trial, which is three months longer than the 
national average.
  If these courts lose one judgeship, which is the equivalent of 25% of 
their judges, justice for federal court litigants will be substantially 
delayed. This delay will be felt most by civil litigants because judges 
will give priority to criminal cases. At a time when Congress is 
seeking to expand Federal court jurisdiction, a loss of judgeships, 
even temporary ones is a step in the wrong direction.
  Again, the numbers tell the story. Assuming court filings remain at 
the 1998 level, the number of cases per judge in the Central District 
would increase by 33% from 383 to 511. In the

[[Page S10930]]

 Southern District, the remaining judges would be expected to take on 
an extra 135 cases a year, an increase of 33% from 406 cases per judge 
to 541 cases per judge.
  The two temporary judgeships in the Central and Southern Districts of 
Illinois must be converted into permanent positions. This measure will 
prevent judicial overload and ensure the continued smooth functioning 
of the federal court system in Illinois.
  Our independent judiciary is the envy of the rest of the world. The 
strength of our judiciary is a unique and distinctive characteristic of 
our government. We must ensure that our courts have the judges they 
need to perform their vital functions.
  I encourage my colleagues to support me in this effort and ask that 
the Senate consider this bill without further delay.
  I ask unanimous consent that a copy of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1583

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

     SECTION 1. DISTRICT JUDGESHIPS FOR THE CENTRAL AND SOUTHERN 
                   DISTRICTS OF ILLINOIS.

       (a) Conversion of Temporary Judgeships to Permanent 
     Judgeships.--The existing district judgeships for the central 
     district and the southern district of Illinois authorized by 
     section 203(c) (3) and (4) of the Judicial Improvements Act 
     of 1990 (Public Law 101-650, 28 U.S.C. 133 note) shall, as of 
     the date of the enactment of this Act, be authorized under 
     section 133 of title 28, United States Code, and the 
     incumbents in such offices shall hold the offices under 
     section 133 of title 28, United States Code (as amended by 
     this section).
       (b) Technical and Conforming Amendment.--The table 
     contained in section 133(a) of title 28, United States Code, 
     is amended by striking the item relating to Illinois and 
     inserting the following:

``Illinois

    Northern....................................................22 ....

    Central......................................................4 ....

    Southern..................................................4.''.....

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