[Congressional Record Volume 149, Number 164 (Wednesday, November 12, 2003)]
[Extensions of Remarks]
[Pages E2291-E2292]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  THE NEED FOR LEGISLATION TO AUTHORIZE ADDITIONAL JUDGESHIPS FOR THE 
  UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

                                 ______
                                 

                         HON. WILLIAM M. THOMAS

                             of california

                    in the house of representatives

                      Wednesday, November 12, 2003

  Mr. THOMAS. Mr. Speaker, I rise today to introduce legislation that, 
in accordance with the recommendation of the United States Judicial 
Conference, would authorize the creation of three additional judgeships 
for the United States District Court for the Eastern District of 
California, as well as convert a temporary judgeship into a permanent 
judgeship.
  There is no question that these additional judgeships are needed. The 
average weighted caseload per judge in the Eastern District is 733, as 
compared to 649 a year ago, an increase of almost 12 percent. This is 
extremely significant, as the national average for weighted caseloads 
per judge is 524, and an average weighted caseload in excess of 430 is 
the United States Judicial Conference's standard for determining if 
additional permanent judgeships are required. The Eastern District's 
average weighted caseload of 733 exceeds this standard by 70 percent. 
In addition, the Eastern District's average weighted caseload surpasses 
the national average by more than 39 percent and has exceeded 430 since 
1994.
  In 2003, there was a significant increase in the total number of 
filings in the Eastern District; in fact, total filings in 2003 rose 
11.7 percent to 5,523. Criminal case filings, for which our 
Constitution guarantees an individual the right to have a speedy trial, 
rose 12.7 percent. In addition, there are now a total of 6,343 cases 
pending before the Eastern District; an increase of 11.5 percent in 
2003 and an 18.5 percent increase over the past five years.

[[Page E2292]]

Moreover, as the temporary judgeship expired in February 2002, upon a 
permanent judge's decision to take senior status, this situation will 
be exacerbated because the President will be unable to appoint a 
replacement unless Congress acts to convert the temporary judgeship 
into a permanent judgeship before that time.
  Accordingly, I ask my colleagues to work with me to enact this 
legislation and thereby improve the administration of our Nation's laws 
in the Eastern District of California.

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