[Congressional Record Volume 153, Number 2 (Friday, January 5, 2007)]
[Extensions of Remarks]
[Page E12]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




INTRODUCTION OF FEDERAL JUDGESHIP FOR U.S. DISTRICT COURT, DISTRICT OF 
                                NEBRASKA

                                 ______
                                 

                             HON. LEE TERRY

                              of nebraska

                    in the house of representatives

                       Thursday, January 4, 2007

  Mr. TERRY. Madam Speaker, I rise today to call attention to a looming 
judicial crisis in my state of Nebraska. Today, with my Nebraska 
colleagues Congressman Jeff Fortenberry and Congressman Adrian Smith, I 
am introducing legislation to create an additional federal judgeship 
for the United States District Court, District of Nebraska.
  Nebraska has three permanent judgeships and three senior judges. An 
additional temporary judgeship was created in 1990 and lapsed in May 
2004 when a judge took senior status, despite recommendations by the 
Judicial Conference of the United States to convert the temporary 
status to a permanent position. After the lapse, the Judicial 
Conference has continued to recommend an additional permanent 
judgeship. To further burden the district, two of the court's three 
senior judges are in their early eighties and do not take full 
caseloads. The third senior judge also cannot handle a full caseload 
due to health reasons, and as a result, the senior judges provided the 
equivalent of less than one active judge in 2005.
  Our delegation has introduced this important legislation on the very 
first day of the 110th Congress because the need for immediate 
Congressional action has never been greater. Nebraska's federal 
district courts handle a heavy caseload, not unlike many federal 
district courts nationwide. However, the number of Nebraska federal 
district court judges' criminal felony filings ranks them 5th 
nationwide and is more than twice the national average. Furthermore, 
the Nebraska judges have increased their overall number of completed 
trials by 41 percent since 2001 and now rank 2nd nationwide on a per-
judgeship basis.
  Weighted filings currently total 590 per judgeship, the 7th highest 
total in the Nation. Based on the current total of three authorized 
judgeships, the court's weighted filings are well above the standards 
of 500 per judgeship for small courts.
  These numbers mean nothing unless they are put into a real life 
context. Nebraska is a rural state and the judges must travel long 
distances in order to try cases. For example, judges in Omaha must 
travel almost 600 miles four times per year to conduct two-week jury 
sessions. Additionally, magistrates are sent out one month prior to the 
judge's arrival to conduct pretrial conferences on all cases pending 
trial. All this travel takes its toll on these judges and forces them 
at times to use the services of judges from other districts.
  The strain on assistance from senior judges, the high number of 
felony criminal cases and the heavy weighted caseload demonstrate 
clearly that the district of Nebraska requires four permanent 
judgeships. I call on all of my colleagues to recognize the pressing 
need for immediate Congressional action to create an additional federal 
judgeship in Nebraska.




                          ____________________