[Congressional Record Volume 149, Number 173 (Monday, November 24, 2003)]
[Senate]
[Pages S15808-S15809]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  ACCESS TO JUSTICE IN FEDERAL COURTS

  Mr. CORNYN. Mr. President, I am pleased to report that, last Friday, 
S. 1720 was presented to the President for his consideration, after 
receiving the unanimous approval of both the House and Senate. I 
sponsored S. 1720, joined by Senator Huthinson, because I believe that 
this legislation is necessary to ensure that all of the citizens of 
North Texas have access to justice in the Federal courts.
  S. 1720 authorizes the United States District Court for the Eastern 
District of Texas to hold court in the City of Plano. Such legislation 
was first endorsed by the Judicial Conference of the United States and 
the Eastern District of Texas in 1991. Yet although, prior to this 
year, the House had already approved such legislation five times since 
1991, it has never received the approval of the Senate Judiciary 
Committee and the Senate until this year.
  Federal law does not currently authorize the Eastern District of 
Texas to hold court in Plano--making the Eastern District, of all 93 
judicial districts across the United States, the only judicial district 
in which its largest city cannot hold Federal court. The nearest 
Eastern District judge is in the city of Sherman, a 100-mile or more 
roundtrip drive away. As a result, Federal prosecutors, public 
defenders, other attorneys, and law enforcement officials must waste 
precious time and resources conducting even the most simple court 
business. The people of the Eastern District of Texas are woefully 
underserved as a result.
  S. 1720 enjoys strong support among officials across the State of 
Texas. Most notably, U.S. Attorney Matthew D. Orwing, First Assistant 
U.S. Attorney Rebecca Gregory, Chief Judge John Hannah, Jr., and Judge 
Richard A. Schell worked closely with my office in this effort, and I 
am grateful to each and every one of them for working with me to ensure 
that the people of North Texas enjoy adequate access to justice in the 
Federal courts.
  The judges of the Eastern District firmly believe that this 
legislation is good for the citizens of Sherman as well as Plano. On 
June 13, 2003, on behalf of all the judges of the Eastern District, 
Chief Judge Hannah issued General Order No. 03-15, which resolves, ``if 
pending legislation passes that authorizes Plano as a place of holding 
court, to have half the Sherman Division caseload docketed and tried in 
Sherman, and the other half of the caseload docketed and tried in 
Plano. If Judge Brown ceases holding court in Sherman, a new resident 
judge shall be designated to hold court in Sherman as soon as possible, 
and pending the new judge's residing in Sherman, 50 percent of civil 
and criminal cases shall be docketed and tried in Sherman, and the 
clerk's office in Sherman shall remain staffed sufficiently to support 
a resident judge.''
  Relying on this general order, the Grayson County Bar Association, 
which includes Sherman, and the Collin County Bar Association, which 
includes Plano, recently approved a joint resolution endorsing this 
legislation. Furthermore, consistent with the terms of the order, 
Congressman Ralph Hall inserted the following statement into the 
Congressional Record just moment before House approval of S. 1720 last 
Wednesday:

       Both Sherman and Plano shall have a resident United States 
     District Judge. Fifty percent of the cases filed in or 
     transferred to the Sherman Division of the United States 
     District Court for the Eastern District of Texas shall be 
     assigned for trial and tried in Sherman by either the 
     resident United States District Judge sitting in Sherman or

[[Page S15809]]

     another United States District Judge assigned to hold court 
     in Sherman. The remaining 50 percent of the cases shall be 
     assigned for trial and tried in Plano by either the resident 
     United States District Court Judge sitting in Plano or 
     another United States District Judge assigned to hold court 
     in Plano. If the resident judge in Sherman or Plano retires 
     or dies, 50 percent of the cases shall continue to be tried 
     in Sherman and 50 percent tried in Plano while a new resident 
     judge is being assigned. This provision shall not prevent the 
     transfer of a case to another judge or division of the United 
     States District Court for the Eastern District of Texas or 
     another United States District Court for trial, if such 
     transfer is permitted by applicable law.

  This language reflects the intentions of the judges of the Eastern 
District of Texas as stated in General Order No. 03-15--as confirmed by 
Chief Judge Hannah last week. Accordingly, I am pleased to join 
Congressman Hall in inserting this statement into the Congressional 
Record.

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