[Congressional Record Volume 153, Number 75 (Tuesday, May 8, 2007)]
[Senate]
[Pages S5725-S5726]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Brownback, Mrs. Feinstein, Mr. 
        Hagel, Mr. Inouye, Mr. Roberts, Mr. Brown, Mr. Voinovich, Mr. 
        Nelson of Nebraska, Mrs. Boxer, and Mr. Akaka):
  S. 1327. A bill to create and extend certain temporary district court 
judgeships; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, today I am introducing bipartisan 
legislation to address the needs of the Federal Judiciary, our coequal 
branch of Government. This bill would respond to a discrete situation 
in five States regarding the need for temporary judgeships. In order to 
adequately address fluctuations in a court's caseload, Congress can 
authorize a judgeship on a temporary basis. These temporary fixes do 
not undermine the independence that comes with lifetime appointment to 
the judiciary because the judges assigned to fill these vacancies, are, 
in fact, appointed for life, as are all Federal judges. They are 
temporary in the sense that when these judgeships expire, the next 
vacancy in the jurisdiction is not filled and the extra judgeship 
expires.
  Last Congress two of these needed temporary judgeships were allowed 
to expire. One was in Nebraska and the other in California. That was 
unfortunate in my view since they continue to have high caseloads. This 
legislation would restore those judgeships by reauthorizing those 
temporary judgeships to restore the status quo in those two busy 
districts.
  In addition, three districts have temporary judgeships that are close 
to expiration. Caseloads in Ohio, Hawaii, and Kansas remain at a high 
level. I

[[Page S5726]]

support acting to ensure their continuation until we have had the 
opportunity to conduct a comprehensive review of the judgeship needs 
throughout the Federal system. I hope to undertake that review next 
year.
  This legislation would extend each of the five temporary judgeships 
for 10 years. This will allow Congress some flexibility with regard to 
future judgeship needs.
  This measure is supported by the Judicial Conference of the United 
States and every Senator representing the five States. I thank Senators 
Feinstein and Brownback, who also serve on the Judiciary Committee, for 
their work on this legislation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1327

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

     SECTION 1. TEMPORARY JUDGESHIPS FOR DISTRICT COURTS.

       (a) Additional Temporary Judgeships.--
       (1) In general.--The President shall appoint, by and with 
     the advice and consent of the Senate--
       (A) 1 additional district judge for the eastern district of 
     California; and
       (B) 1 additional district judge for the district of 
     Nebraska.
       (2) Vacancies not filled.--The first vacancy in the office 
     of district judge in each of the offices of district judge 
     authorized by this subsection, occurring 10 years or more 
     after the confirmation date of the judge named to fill the 
     temporary district judgeship created in the applicable 
     district by this subsection, shall not be filled.
       (b) Extension of Certain Temporary Judgeships.--Section 
     203(c) of the Judicial Improvements Act of 1990 (Public Law 
     101-650; 28 U.S.C. 133 note) is amended--
       (1) in the second sentence, by inserting ``the district of 
     Hawaii,'' after ``Pennsylvania,'';
       (2) in the third sentence (relating to the district of 
     Kansas), by striking ``16 years'' and inserting ``26 years'';
       (3) in the fifth sentence (relating to the northern 
     district of Ohio), by striking ``15 years'' and inserting 
     ``25 years''; and
       (4) by inserting ``The first vacancy in the office of 
     district judge in the district of Hawaii occurring 20 years 
     or more after the confirmation date of the judge named to 
     fill the temporary judgeship created under this subsection 
     shall not be filled.'' after the sixth sentence.

  Mrs. FEINSTEIN. Mr. President, I am proud to be a cosponsor of 
Chairman Leahy's bill, S. 1327, which will reestablish temporary 
judgeships where needed in the district courts and extend other 
temporary judgeships that are about to expire. The bill will 
reestablish a 10-year temporary judgeship in the Eastern District of 
California, where it is sorely needed.
  The Eastern District has had a temporary judgeship before, but it 
expired in the fall of 2004. Even before the temporary judgeship 
expired, the caseload in the district was already the second highest in 
the Nation: 787 filings per judge, which was almost 50 percent more 
than the national average.
  Since that time, the situation in the Eastern District has grown even 
more dire. Average caseloads across the Nation have declined, but in 
the Eastern District they have increased by 18 percent.
  The Eastern District of California now has the highest caseload in 
the country: 927 filings per judge. That is twice as many cases as the 
national average.
  It is no exaggeration to say that the judges of the Eastern District 
are in desperate need of relief. They have continued to serve with 
distinction in the face of the crushing caseloads. Mr. President, two 
of the court's senior judges still carry full caseloads after taking 
senior status. Two other senior judges are also continuing to hear 
cases in the district. There is another reason why it is imperative for 
the Senate to act now and adopt this bill. In just a few months, there 
will be a vacancy in the Eastern District when Chief Judge David Levi 
leaves the bench after 17 years of distinguished service.
  It is my hope that Chief Judge Levi's seat can be filled as quickly 
as possible with a well qualified nominee. But, as a practical matter, 
it is unlikely that the confirmation process for a new judge will be 
complete when Chief Judge Levi leaves office.
  This will leave the Eastern District with still fewer judges to 
handle its highest-in-the-Nation caseload. The district will need even 
more help to ensure that cases continue to be handled with the care, 
attention, and promptness that are essential to the fair administration 
of justice.
  I view this bill as an important first step toward getting California 
all of the judges it needs. According to the 2007 recommendations of 
the Judicial Conference, California needs a total of 12 new judges, 
more judges than are needed in any other State in the Nation. Four of 
those judges are needed in the Eastern District alone. By adding a 
temporary judgeship in the district, this bill will help fill the gap 
until the Senate acts to carry out the Judicial Conference's 
recommendations.
  I thank Chairman Leahy for taking this important first step toward 
ensuring that the Federal courts in California have all the judges they 
need.
  Mr. INOUYE. Mr. President, I rise today to support this bill 
addressing the need to extend a number of our temporary judgeships.
  My colleagues and I share a common interest in ensuring that the 
American public is provided with the most efficient court system 
possible. However, across the nation many of our judicial resources are 
strained due to our growing population and an increase in the number of 
caseloads per judge. Hawaii is no exception, and this bill addresses 
our need to maintain our current number of judgeships. This bill offers 
a much needed relief to our over-worked courts.
  Thank you for allowing me this opportunity to share with you my 
thoughts as to the importance of this legislation.
                                 ______