[Congressional Record Volume 151, Number 14 (Thursday, February 10, 2005)]
[Senate]
[Page S1278]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI:
  S. 349. A bill to provide for the appointment of additional judges 
for the district of New Mexico; to the Committee on the Judiciary.
  Mr. DOMENICI. Mr. President, I introduce legislation that continues 
my efforts to address a significant problem in the state of New Mexico, 
a problem that the Judicial Conference of the United States has 
previously described as a ``crisis.'' According to the latest survey by 
the Judicial Conference, the weighted caseload for the District of New 
Mexico is now the fourth highest in the Nation. This is in spite of the 
fact that in 2002 Congress approved a temporary judgeship for New 
Mexico which the President has filled.
  Based on this heavy workload, the Judicial Conference recently 
recommended 2 additional permanent judgeships, as well as an additional 
temporary judgeship for New Mexico; Only 2 districts in California, one 
in Florida, and one in New York were recommended to get more judgeships 
than New Mexico. The legislation I have introduced today reflects this 
recommendation.
  In the 12-month period ending on June 30, 2002, the number of 
criminal filings per judgeship increased from 222 to 320. This is 
compared to the national average of 81. You don't have to be a 
mathematical genius to figure out that this is just short of four times 
the national average. During this same time period, the number of 
weighted filings increased from 673 per judgeship to 739. The national 
average is 504 and the Judicial Conference has set the benchmark at 430 
weighted cases per judgeship. The District of New Mexico is clearly in 
need of relief from this crisis.
  The Sixth Amendment of the Constitution guarantees the right to a 
speedy trial in all criminal cases. The United States Supreme Court has 
called this guarantee ``one of the most basic rights preserved by our 
Constitution,'' 386 U.S. 213. We must ensure that our States have the 
proper judicial resources to guarantee the basic right promised to 
Americans more than 200 years ago. The bill that I am introducing 
provides such necessary resources to New Mexico.
  Without additional judges, this problem will only continue to grow as 
the country focuses more intently on the security of our borders. I 
hope that my colleagues will act quickly to authorize these necessary 
additional judgeships for New Mexico.
  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. 349

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

     SECTION 1. ADDITIONAL JUDGES FOR THE DISTRICT OF NEW MEXICO.

       (a) Permanent District Judgeships.--
       (1) In general.--The President shall appoint, by and with 
     the advice and consent of the Senate, 2 additional district 
     judges for the district of New Mexico.
       (2) Technical and conforming amendment.--The table under 
     section 133(a) of title 28, United States Code, is amended by 
     striking the item relating to New Mexico and inserting the 
     following:
 ``New Mexico.................................................8.''.....

       (b) Temporary Judgeship.--
       (1) In general.--The President shall appoint, by and with 
     the advice and consent of the Senate, 1 additional district 
     judge for the district of New Mexico.
       (2) Vacancy not filled.--The first vacancy in the office of 
     district judge in the district of New Mexico occurring 10 
     years or more after the confirmation date of the judge named 
     to fill the temporary district judgeship created by this 
     subsection, shall not be filled.
                                 ______