[Congressional Record Volume 148, Number 33 (Wednesday, March 20, 2002)]
[Senate]
[Page S2184]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRAHAM (for himself and Mr. Nelson of Florida):
  S. 2036. A bill to authorize the appointment of additional Federal 
district court judges for the middle and southern districts of Florida, 
and for other purposes; to the Committee on the Judiciary.
  Mr. GRAHAM. Mr. President, an estimated 200,000 new Floridians every 
year move into the Sunshine State, making Florida one of the fastest 
growing States in the Nation. As the population increases, so do the 
number of people seeking justice from the Federal Courts in our State.
  Few are more familiar with these demands than the judges and 
personnel of the United States Courts in Florida's Middle and Southern 
Districts. The Judicial Conference of the United States has established 
a benchmark caseload standard of 430 case filings per judgeship. This 
is a goal that is rarely met in Florida's Middle and Southern 
Districts.
  In fact, the number of case filings per judgeship in the Southern 
District has remained above 500 since 1995; at the end of last year it 
stood at 609. In the Middle District the courts' weighted caseload with 
547 per judgeship at the end of 2001, 27 percent above the Conference 
standard.
  In light of this considerable burden on Florida's judges and the 
outlook for continued growth within the State, the United States 
Judicial Conference has recommended that Congress add one permanent and 
one temporary judgeship to the Middle District and one permanent 
judgeship in the Southern District.
  It is in accordance with these recommendations that my colleague from 
Florida and I introduce legislation to establish these needed 
judgeships. It is my hope that these additional judges will help to 
alleviate the heavy burden currently placed on Florida's Federal 
courts.
  The administration of justice will continue to be a challenge in 
Florida's Federal courts unless adequate resources are committed. 
Perhaps the most egregious example of this lack of resources is in the 
Fort Myers division of the Middle District, where judge's criminal 
caseloads stand at an astounding ninety percent above the national 
average.
  As Florida continues to grow, this burden will only increase. The 
services provided by the Federal judiciary must grow to meet these 
demands. I urge the Senate to support this legislation, ensure adequate 
resources for the administration of justice, and uphold the United 
States Constitution's guarantee of fair and speedy justice.
  Mr. NELSON of Florida. Mr. President, Florida's Middle and Southern 
District Courts desperately need additional judges. These jurisdictions 
are among the busiest in the Nation and they face an avalanche of new 
cases which threaten to further delay the administration of justice for 
thousands of Floridians. Simply put, Florida's judges are overwhelmed 
and unable to handle this many cases.
  Today, Senator Graham and I are introducing legislation which will 
create one additional permanent judgeship for the Middle District of 
Florida and one additional permanent judgeship for the Southern 
District of Florida. Our legislation also creates a temporary judgeship 
for the Middle District which will expire following the first vacancy 
on the court which occurs no sooner than seven years after the 
confirmation date of the individual named to fill the temporary 
position.
  Our intention is to ensure that Florida's Federal courts have the 
jurists necessary to exact timely justice. After reviewing current 
judges' caseloads and consulting with the districts' chief judges, we 
believe authorizing new judgeships is absolutely essential to ensuring 
that these jurisdictions are able to meet their statutory and 
constitutional obligations. Florida's Federal courts need these judges 
and Senator Graham and I intend to do everything we can to get them.
  I look forward to working with my colleagues on the Judiciary 
Committee to quickly pass this legislation, so that we can bring relief 
to Florida's Middle and Southern District Courts.
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