[Congressional Record Volume 148, Number 32 (Tuesday, March 19, 2002)]
[Senate]
[Pages S2077-S2078]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WARNER (for himself and Mr. Allen):
  S. 2029. A bill to convert the temporary judgeship for the eastern 
district of Virginia to a permanent judgeship, and for other purposes; 
to the Committee on the Judiciary.
  Mr. WARNER. Mr. President, I rise today to introduce bipartisan, 
bicameral legislation to help ensure the continued effective 
administration of justice in the Commonwealth of Virginia. I am joined 
in the Senate on this initiative by my colleague Senator George Allen. 
Congressman Robert Scott is introducing similar legislation today in 
the House of Representatives.
  Simply put, the legislation we are introducing today will convert a 
temporary judgeship in the Eastern District of Virginia into a 
permanent one. Without swift passage of this legislation, the Eastern 
District of Virginia could lose an authorized judgeship, thus placing 
an even greater workload on the already hard working judges that serve 
in this judicial district.
  By way of background, in 1990, Congress authorized a temporary 
judgeship for the Eastern District of Virginia, bringing the total 
number of authorized judgeships in that district to ten, nine permanent 
judgeships and one temporary judgeship.
  In 2000, Congress looked closely at the heavy caseload the judges of 
the Eastern District of Virginia carried, and as a result Congress 
authorized one additional permanent judgeship. With the advice of 
Senator Allen and me, President Bush has nominated Mr. Henry Hudson to 
fill this judicial vacancy. I strongly support Mr. Hudson's nomination 
and look forward to him receiving a confirmation hearing and a vote in 
the full Senate. Mr. Hudson has been deemed ``well qualified'' by the 
American Bar Association.
  Thus, to date, eleven judgeships are currently authorized on the 
Eastern District of Virginia's bench. However, the temporary judgeship 
in the Eastern District of Virginia is set to expire with the first 
vacancy occurring after April 8, 2002. Thus, when one of the active 
judges on the Eastern District bench retires, takes senior status, or 
passes away, that position will not be filled, thus leaving the court 
with one less authorized judgeship than it has currently. It is 
important to note that Mr. Hudson's nomination will not be effected by 
the lapsing of the temporary judgeship.
  If the temporary judgeship in the Eastern District of Virginia 
lapses, and this judicial district loses an authorized judgeship, an 
already overworked judiciary will be without relief.
  The Judicial Conference of the United States recommends that a 
district have a newly authorized judgeship when the weighted filings 
per judge exceed 430 cases. In 2001, the weighted caseload per judge on 
the Eastern District was 617. If Virginia's temporary judgeship 
expires, the per judge weighted caseload would sky-rocket to 679 cases 
per judge.
  Moreover, it is now clear based on experience that the Department of 
Justice has prosecuted and will continue to prosecute terrorist cases 
in the Eastern District of Virginia. Already, the Eastern District is 
proceeding with the cases of Zacaris Moussaoui and John Walker Lindh. 
While the judges

[[Page S2078]]

on the Eastern District bench stand ready to proceed with these and 
other cases, these cases could significantly increase the numbers of 
cases and the complexity of cases the judges on this bench preside 
over.
  Given its already high case load and given the fact that the Eastern 
District is facing the likelihood of even a higher caseload with the 
terrorist prosecutions, the Eastern District of Virginia is in a unique 
position. Converting the temporary judgeship to a permanent one will 
provide some relief.
  Accordingly, Congressman Scott, Senator Allen and I have joined 
together in support of this legislation that will simply allow the 
Eastern District to continue to maintain its current level of eleven 
district court judges.
  This request is inherently reasonable. We are simply asking to 
maintain the status-quo of eleven authorized judgeships on the Eastern 
District bench. Meanwhile, the Judicial Conference currently recommends 
one additional permanent judgeship and the conversion of a temporary 
judgeship to a permanent judgeship.
  I ask Chairman Leahy and Senator Hatch to swiftly report this 
legislation from the Judiciary Committee, and I urge my colleagues to 
support final passage. Time is of the essence. We must ensure that the 
judicial system in the Eastern District of Virginia continues to be 
able to serve Virginians, and indeed the country, in an efficient 
manner.
  I ask unanimous consent that the text 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. 2029

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

     SECTION 1. DISTRICT JUDGESHIP FOR THE EASTERN DISTRICT OF 
                   VIRGINIA.

       (a) Conversion of Temporary Judgeship to Permanent 
     Judgeship.--The existing judgeship for the eastern district 
     of Virginia authorized by section 203(c) of the Judicial 
     Improvements Act of 1990 (28 U.S.C. 133 note; Public Law 101-
     650) shall, as of the date of enactment of this Act, be 
     authorized under section 133 of title 28, United States Code, 
     and the incumbent in that office shall hold the office under 
     section 133 of title 28, United States Code (as amended by 
     this Act).
       (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 Virginia and 
     inserting the following:

``Virginia:

    Eastern.....................................................11 ....

    Western...................................................4''. ....

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