[Congressional Record Volume 145, Number 164 (Thursday, November 18, 1999)]
[Senate]
[Pages S14812-S14814]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KOHL (for himself and Mr. Feingold):
  S. 1960. 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 federal judgeship for northeastern wisconsin act

  Mr. KOHL. Mr. President, I rise today to introduce the Federal 
Judgeship for Northeastern Wisconsin Act of 1999. This bill would 
create one additional judgeship in the eastern district of Wisconsin 
and seat it in Green Bay, at the center of a region in desperate need 
of a district court. Let me explain how an additional judgeship could 
alleviate the stress that the current system places on business, law 
enforcement agents, witnesses, victims and individual litigants in 
northeastern Wisconsin.
  First, while the four full-time district court judges for the eastern 
district of Wisconsin currently preside in Milwaukee, for most 
litigants and witnesses in northeastern Wisconsin, Milwaukee is well 
over 100 miles away. In fact, 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. 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 often the driving time alone actually exceeds 
the amount of time witnesses spend testifying.
  Second, Mr. President, the few Wisconsin Federal judges serve a 
disproportionately large population. Last year, I commissioned a study 
by the General Accounting Office which revealed that Wisconsin Federal 
judges have to serve the highest population among all federal judges. 
Each sitting Federal judge in Wisconsin serves an average population of 
859,966, while the remaining federal judges across the country--more 
than 650--serve less than half that number, with an average of 417,000 
per judge. For example, while Louisiana has fewer residents than 
Wisconsin, it has 22 Federal judges, nearly four times as many as our 
state.
  Third, Mr. President, 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 part of the state will be made enormously more difficult. 
Additionally, 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. Without an additional judge in Green Bay, the administration 
of justice, as well as the public's pocketbook, will suffer enormously.
  Fourth, 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 
legitimate 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.
  Fifth, the creation of an additional judgeship in the Eastern 
District of Wisconsin is justified based on caseload. The Judicial 
Conference, the administrative and statistical arm of the Federal 
judiciary, makes biannual recommendations to Congress regarding the 
necessity of additional judgeships using a system of weighted filings--
that is, the total number of cases modified by the average level of 
case complexity. In the Judicial Conference's most recent 
recommendations, new positions were justified where a district's 
workload exceeded 435 weighted filings per judge. Such high caseloads 
are common in the eastern district of Wisconsin, peaking in 1996 with 
an overwhelming 453 weighted filings. On this basis, an additional 
judgeship for the eastern district of Wisconsin is warranted.

  Mr. President, our legislation is 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 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, nearly 150 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: since 1994, each and every sheriff and district 
attorney in northeastern Wisconsin has urged me to create a Federal 
district court in

[[Page S14813]]

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 expressed 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 five 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. For these sensible reasons, I urge my colleagues to support 
this legislation, either separately or as part of an omnibus judgeship 
bill that I hope Congress will consider next session. The Judicial 
Conference has recommended the creation of over 60 new judgeships, yet 
not one has been created since 1990. Should such a bill be considered, 
I will be right there to ensure that Northeastern Wisconsin is 
included.
  Mr. President, I ask unanimous consent that the text of the bill and 
additional material be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1960

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Judgeship for 
     Northeastern Wisconsin Act of 1999''.

     SEC. 2. ADDITIONAL FEDERAL DISTRICT JUDGE FOR THE EASTERN 
                   DISTRICT OF WISCONSIN.

       (a) 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.
       (b) Tables.--In order that the table contained in section 
     133(a) of title 28, United States Code, reflects 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''.....

       (c) 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.

     SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this Act, including such sums as may 
     be necessary to provide appropriate space and facilities for 
     the judicial position created by this Act.
                                  ____

                                                   August 8, 1994.
     U.S Senator Herb Kohl,
     Hart Senate Office Building, 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 to 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 Paulas, 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, Waushare 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, Oneida 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 Thorne, Chief of Police, Oshkosh.
                                  ____



                                   U.S. Department of Justice,

                                    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, United States 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 give 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

[[Page S14814]]

     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 percent 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 creation of a Federal District Court 
     in Green Bay.

                                          Thomas P. Schneider,

                                           United States Attorney.
                                    Eastern District of Wisconsin.
                                 ______