[Congressional Record Volume 149, Number 72 (Wednesday, May 14, 2003)]
[Senate]
[Pages S6261-S6262]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BIDEN (for himself, Mr. Carper, Mr. Sarbanes, Mr. Nelson 
        of Florida, Mrs. Clinton, Mr. Edwards, Mr. Graham of South 
        Carolina, Mr. Hollings, Mr. Levin, Mr. Pryor, Mr. Reid, Mr. 
        Chambliss, Mr. Miller, Mr. Alexander, and Mr. Graham of 
        Florida):
  S. 1061. A bill to authorize 36 additional bankruptcy judgeships, and 
for other purposes; to the Committee on the Judiciary.
  Mr. BIDEN. Mr. President, I rise today to introduce the Bankruptcy 
Judgeship Act of 2003, along with over a dozen Senators of both parties 
who are joining me on this legislation. This bill creates new temporary 
and permanent bankruptcy judgeships in districts that need them, and 
extends and converts other temporary judgeships.
  The substantial increase in bankruptcy case filings in recent years 
has created a dire need for additional bankruptcy judgeships. My bill 
would create 23 new permanent bankruptcy judgeships, 5 temporary 
judgeships, convert 2 temporary judgeships to permanent status and 
extend 2 other temporary judgeships. 17 States would receive new 
judgeships, as recommended by the Administrative Office for United 
States Courts.
  Among other things, the bill authorizes four new bankruptcy 
judgeships, and converts one from temporary to permanent status, for 
the District of Delaware, the Nation's most overloaded bankruptcy 
district. The most recent data show weighted filings for the district 
of Delaware surpassing 13,500 per judge, while the next busiest 
district faces only about 3,000.
  The bankruptcy bar in Delaware is among the most respected and 
accomplished in the country, as are our bankruptcy judges. But our 
judges are not superhuman. They must receive the assistance that this 
bill would grant them, and I intend to see that they get it.
  The Bankruptcy Judgeship Act of 2003 is long overdue and I urge my 
colleagues to support it.
  I ask unanimous consent that the text of this bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1061

       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 ``Bankruptcy Judgeship Act of 
     2003''.

     SEC. 2. AUTHORIZATION FOR ADDITIONAL BANKRUPTCY JUDGESHIPS.

       The following judgeship positions shall be filled in the 
     manner prescribed in section 152(a)(1) of title 28, United 
     States Code, for the appointment of bankruptcy judges 
     provided for in section 152(a)(2) of such title:
       (1) Two additional bankruptcy judgeships for the southern 
     district of New York.
       (2) Four additional bankruptcy judgeships for the district 
     of Delaware.
       (3) One additional bankruptcy judgeship for the district of 
     New Jersey.
       (4) One additional bankruptcy judgeship for the eastern 
     district of Pennsylvania.
       (5) Three additional bankruptcy judgeships for the district 
     of Maryland.
       (6) One additional bankruptcy judgeship for the eastern 
     district of North Carolina.
       (7) One additional bankruptcy judgeship for the district of 
     South Carolina.
       (8) One additional bankruptcy judgeship for the eastern 
     district of Virginia.
       (9) Two additional bankruptcy judgeships for the eastern 
     district of Michigan.
       (10) Two additional bankruptcy judgeships for the western 
     district of Tennessee.
       (11) One additional bankruptcy judgeship for the eastern 
     and western districts of Arkansas.
       (12) Two additional bankruptcy judgeships for the district 
     of Nevada.
       (13) One additional bankruptcy judgeship for the district 
     of Utah.
       (14) Two additional bankruptcy judgeships for the middle 
     district of Florida.
       (15) Two additional bankruptcy judgeships for the southern 
     district of Florida.
       (16) Two additional bankruptcy judgeships for the northern 
     district of Georgia.
       (17) One additional bankruptcy judgeship for the southern 
     district of Georgia.

     SEC. 3. TEMPORARY BANKRUPTCY JUDGESHIPS.

       (a) Authorization for Additional Temporary Bankruptcy 
     Judgeships.--The following judgeship positions shall be 
     filled in the manner prescribed in section 152(a)(1) of title 
     28, United States Code, for the appointment of bankruptcy 
     judges provided for in section 152(a)(2) of such title:
       (1) One additional bankruptcy judgeship for the district of 
     Puerto Rico.
       (2) One additional bankruptcy judgeship for the northern 
     district of New York.
       (3) One additional bankruptcy judgeship for the middle 
     district of Pennsylvania.
       (4) One additional bankruptcy judgeship for the district of 
     Maryland.
       (5) One additional bankruptcy judgeship for the northern 
     district of Mississippi.
       (6) One additional bankruptcy judgeship for the southern 
     district of Mississippi.
       (7) One additional bankruptcy judgeship for the southern 
     district of Georgia.
       (b) Vacancies.--
       (1) In general.--The first vacancy occurring in the office 
     of bankruptcy judge in each of the judicial districts set 
     forth in subsection (a)--
       (A) occurring 5 years or more after the appointment date of 
     the bankruptcy judge appointed under subsection (a) to such 
     office; and
       (B) resulting from the death, retirement, resignation, or 
     removal of a bankruptcy judge;

     shall not be filled.
       (2) Term expiration.--In the case of a vacancy resulting 
     from the expiration of the term of a bankruptcy judge not 
     described in paragraph (1), that judge shall be eligible for 
     reappointment as a bankruptcy judge in that district.
       (c) Extension of Existing Temporary Bankruptcy 
     Judgeships.--
       (1) In general.--The temporary bankruptcy judgeships 
     authorized for the northern district of Alabama and the 
     eastern district of Tennessee under paragraphs (1) and (9) of 
     section 3(a) of the Bankruptcy Judgeship Act of 1992 (28 
     U.S.C. 152 note) are extended until the first vacancy 
     occurring in the office of a bankruptcy judge in the 
     applicable district resulting from the death, retirement, 
     resignation, or removal of a bankruptcy judge and occurring 5 
     years or more after the date of enactment of this Act.
       (2) Applicability of other provisions.--All other 
     provisions of section 3 of the Bankruptcy Judgeship Act of 
     1992 (28 U.S.C. 152 note) remain applicable to the temporary 
     bankruptcy judgeships referred to in this subsection.

     SEC. 4. TRANSFER OF BANKRUPTCY JUDGESHIP SHARED BY THE MIDDLE 
                   DISTRICT OF GEORGIA AND THE SOUTHERN DISTRICT 
                   OF GEORGIA.

       The bankruptcy judgeship presently shared by the southern 
     district of Georgia and the middle district of Georgia shall 
     be converted to a bankruptcy judgeship for the middle 
     district of Georgia.

     SEC. 5. CONVERSION OF EXISTING TEMPORARY BANKRUPTCY 
                   JUDGESHIPS.

       (a) District of Delaware.--The temporary bankruptcy 
     judgeship authorized for the district of Delaware pursuant to 
     section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 
     152 note), shall be converted to a permanent bankruptcy 
     judgeship.
       (b) District of Puerto Rico.--The temporary bankruptcy 
     judgeship authorized for the district of Puerto Rico pursuant 
     to section 3 of the Bankruptcy Judgeship Act of 1992 (28 
     U.S.C. 152 note), shall be converted to a permanent 
     bankruptcy judgeship.

     SEC. 6. TECHNICAL AMENDMENTS.

       Section 152(a)(2) of title 28, United States Code, is 
     amended--
       (1) in the item relating to the eastern and western 
     districts of Arkansas, by striking ``3'' and inserting ``4'';
       (2) in the item relating to the district of Delaware, by 
     striking ``1'' and inserting ``6'';
       (3) in the item relating to the middle district of Florida, 
     by striking ``8'' and inserting ``10'';
       (4) in the item relating to the southern district of 
     Florida, by striking ``5'' and inserting ``7'';
       (5) in the item relating to the northern district of 
     Georgia, by striking ``8'' and inserting ``10'';
       (6) in the item relating to the middle district of Georgia, 
     by striking ``2'' and inserting ``3'';
       (7) in the item relating to the southern district of 
     Georgia, by striking ``2'' and inserting ``3'';
       (8) in the collective item relating to the middle and 
     southern districts of Georgia, by striking ``Middle and 
     Southern . . . . . . 1'';
       (9) in the item relating to the district of Maryland, by 
     striking ``4'' and inserting ``7'';
       (10) in the item relating to the eastern district of 
     Michigan, by striking ``4'' and inserting ``6'';
       (11) in the item relating to the district of Nevada, by 
     striking ``3'' and inserting 5'';
       (12) in the item relating to the district of New Jersey, by 
     striking ``8'' and inserting ``9'';
       (13) in the item relating to the southern district of New 
     York, by striking ``9'' and inserting ``11'';

[[Page S6262]]

       (14) in the item relating to the eastern district of North 
     Carolina, by striking ``2'' and inserting ``3'';
       (15) in the item relating to the eastern district of 
     Pennsylvania, by striking ``5'' and inserting ``6'';
       (16) in the item relating to the district of Puerto Rico, 
     by striking ``2 and inserting ``3'';
       (17) in the item relating to the district of South 
     Carolina, by striking ``2'' and inserting ``3'';
       (18) in the item relating to the western district of 
     Tennessee, by striking ``4'' and inserting ``6'';
       (19) in the item relating to the district of Utah, by 
     striking ``3'' and inserting ``4''; and
       (20) in the item relating to the eastern district of 
     Virginia, by striking ``5'' and inserting ``6''.

  Mr. SARBANES. Mr. President, I rise today in strong support of 
legislation to provide more bankruptcy judges for several States, 
including four additional bankruptcy judgeships for my own State of 
Maryland. This legislation is being introduced today by Senator Biden, 
and is being cosponsored by myself and Senators Carper, Nelson of 
Florida, Clinton, Edwards, Graham of South Carolina, Hollings, Levin, 
Pryor, Reid, Chambliss, Miller, Alexander and Graham of Florida.
  This bill is another significant step forward in our efforts to 
strengthen Maryland's Federal bankruptcy court. We have been working 
for several years to get these additional judgeships approved, yet no 
legislation has been passed that would authorize them. With such 
inaction, the burden facing Maryland's sitting bankruptcy judges has 
grown, and Maryland has remained without the additional judgeships it 
so desperately needs to make our bankruptcy system work.
  Maryland's four sitting bankruptcy judges continue to show remarkable 
dedication given the extraordinary burdens placed upon them. However, 
additional judgeships remain essential to the fair and timely 
administration of the Bankruptcy Code for all of the businesses and 
individuals that come before the Maryland District.
  Since 1992, we have been requesting additional judgeships for the 
District of Maryland; thus far none have been approved. In 1992, there 
were approximately 15,000 bankruptcy filings in the District of 
Maryland. From 1998 to 2002, there were over 30,000 bankruptcy filings 
per year in Maryland. In the past few years the number of new filings 
per year has been closer to 35,000, and in 2002 there were 35,900 new 
cases. The caseload has more than doubled in the past ten years, and 
the Court still does its work with only four bankruptcy judges. This 
dire need for additional judgeships in Maryland has yet to be remedied 
by the Congress.
  This legislation provides four additional judgeships for Maryland, in 
accordance with a September 2002 recommendation from the United States 
Judicial Conference. These four additional judgeships would help reduce 
the overwhelming workload of the four sitting bankruptcy judges. As of 
June 30, 2002, the national weighted filing average for bankruptcy 
judges was 1,641. The weighted filing per judge for Maryland's four 
bankruptcy judges was 3,030--almost twice the national average.
  Mr. President, I urge my colleagues to support this legislation, 
which would provide much needed help on the bankruptcy courts in 
Maryland and across the Nation.
                                 ______