[Congressional Record Volume 154, Number 43 (Thursday, March 13, 2008)]
[Senate]
[Pages S2153-S2155]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Hatch, Mrs. Feinstein, and Mr. 
        Schumer):
  S. 2774. A bill to provide for the appointment of additional Federal 
circuit and district judges, and for other purposes; to the Committee 
on the Judiciary.
  Mr. LEAHY. Mr. President, today, I join with Senator Hatch to 
introduce a bipartisan bill to address the resource needs of our men 
and women on the Federal judiciary and people around the country by 
authorizing additional U.S. courts of appeals and district court 
judgeships. It has been 18 years since the last time a comprehensive 
judgeship bill was enacted to address the growth in the workload of the 
Federal judiciary by adding new Federal judgeships. That legislation 
established 11 additional circuit court judgeships and 61 permanent and 
13 temporary district court judgeships.
  Since 1990, case filings in our Federal appellate courts have 
increased by 55 percent and case filings on our district courts have 
risen by 29 percent. Without a comprehensive bill, Congress has 
proceeded to authorize only a few additional district court judgeships 
and extend temporary judgeships when it could. For instance, in 2002 we 
were able to provide for 15 new judgeships in the Department of Justice 
authorization bill. However no additional circuit court judgeships have 
been created since 1990 despite their increased workload.
  In 2006, the weighted number of filings in district courts, which 
takes into account an assessment of case complexity, were 464 per 
judgeship, well above the Judicial Conference's standard. The same 
year, the national average circuit court caseload per three-judge panel 
approached the record number of 1,230 cases, recorded a year earlier.
  Our Federal judges are working harder than ever, but in order to 
maintain the integrity of the Federal courts and the promptness that 
justice demands, judges must have a manageable workload. The bill that 
we are introducing today would add 12 permanent circuit court 
judgeships, 38 permanent district court judgeships, and convert five 
existing temporary judgeships into permanent positions. These 
additional judgeships would address the significant increase in 
caseloads that the Federal courts have seen over the nearly two decades 
since the last comprehensive judgeship bill was enacted. It is based on 
the recommendations of the Judicial Conference and its analysis of 
caseloads and needs.
  Our bipartisan bill would also add 14 temporary district court 
judgeships, two temporary circuit court judgeships, and extend one 
existing temporary district court judgeship. These additional temporary 
judgeships allow Congress some flexibility with regard

[[Page S2154]]

to future judgeship needs. If caseloads continue to increase, Congress 
has the option to introduce legislation making permanent or renewing 
these temporary judgeships.
  By providing that these new judgeships become effective the day after 
the inauguration of the next President, we attempt to insulate this 
effort from partisan politics.
  This bill has the support of the Judicial Conference and Senators on 
both sides of the aisle. I thank Senators Feinstein and Schumer for 
joining us in this effort. A comprehensive bill to respond to the 
increasing workload of our Federal judiciary is long overdue.
  Mr. President, I ask unanimous consent that 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. 2774

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Judgeship Act of 
     2008''.

     SEC. 2. CIRCUIT JUDGES FOR THE CIRCUIT COURTS OF APPEALS.

       (a) In General.--The President shall appoint, by and with 
     the advice and consent of the Senate--
       (1) 1 additional circuit judge for the first circuit court 
     of appeals;
       (2) 2 additional circuit judges for the second circuit 
     court of appeals;
       (3) 2 additional circuit judges for the third circuit court 
     of appeals;
       (4) 1 additional circuit judge for the sixth circuit court 
     of appeals;
       (5) 2 additional circuit judges for the eighth circuit 
     court of appeals; and
       (6) 4 additional circuit judges for the ninth circuit court 
     of appeals.
       (b) Temporary Judgeships.--The President shall appoint, by 
     and with the advice and consent of the Senate, 2 additional 
     circuit judges for the ninth circuit court of appeals. The 
     first 2 vacancies arising on the court 10 years or more after 
     judges are first confirmed to fill both temporary circuit 
     judgeships created by this subsection shall not be filled.
       (c) Tables.--In order that the table contained in section 
     44 of title 28, United States Code, will, with respect to 
     each judicial circuit, reflect the changes in the total 
     number of permanent circuit judgeships authorized as a result 
     of subsection (a) of this section, such table is amended to 
     read as follows:


 
                                                              Number of
                         ``Circuits                             judges
 
District of Columbia.......................................           11
First......................................................            7
Second.....................................................           15
Third......................................................           16
Fourth.....................................................           15
Fifth......................................................           17
Sixth......................................................           17
Seventh....................................................           11
Eighth.....................................................           13
Ninth......................................................           33
Tenth......................................................           12
Eleventh...................................................           12
Federal....................................................       12.''.
 

     SEC. 3. DISTRICT JUDGES FOR THE DISTRICT COURTS.

       (a) In General.--The President shall appoint, by and with 
     the advice and consent of the Senate--
       (1) 4 additional district judges for the district of 
     Arizona;
       (2) 4 additional district judges for the central district 
     of California;
       (3) 4 additional district judges for the eastern district 
     of California;
       (4) 2 additional district judges for the northern district 
     of California;
       (5) 1 additional district judge for the district of 
     Colorado;
       (6) 4 additional district judges for the middle district of 
     Florida;
       (7) 2 additional district judges for the southern district 
     of Florida;
       (8) 1 additional district judge for the southern district 
     of Indiana;
       (9) 1 additional district judge for the district of 
     Minnesota;
       (10) 1 additional district judge for the western district 
     of Missouri;
       (11) 1 additional district judge for the district of 
     Nebraska;
       (12) 1 additional district judge for the district of New 
     Mexico;
       (13) 3 additional district judges for the eastern district 
     of New York;
       (14) 1 additional district judge for the western district 
     of New York;
       (15) 1 additional district judge for the district of 
     Oregon;
       (16) 1 additional district judge for the district of South 
     Carolina;
       (17) 1 additional district judge for the eastern district 
     of Texas;
       (18) 2 additional district judges for the southern district 
     of Texas;
       (19) 1 additional district judge for the western district 
     of Texas;
       (20) 1 additional district judge for the eastern district 
     of Virginia; and
       (21) 1 additional district judge for the western district 
     of Washington.
       (b) Temporary Judgeships.--The President shall appoint, by 
     and with the advice and consent of the Senate--
       (1) 1 additional district judge for the middle district of 
     Alabama;
       (2) 1 additional district judge for the district of 
     Arizona;
       (3) 1 additional district judge for the central district of 
     California;
       (4) 1 additional district judge for the northern district 
     of California;
       (5) 1 additional district judge for the district of 
     Colorado;
       (6) 1 additional district judge for the middle district of 
     Florida;
       (7) 1 additional district judge for the southern district 
     of Florida;
       (8) 1 additional district judge for the district of Idaho;
       (9) 1 additional district judge for the northern district 
     of Iowa;
       (10) 1 additional district judge for the district of 
     Nevada;
       (11) 1 additional district judge for the district of New 
     Jersey;
       (12) 1 additional district judge for the district of New 
     Mexico;
       (13) 1 additional district judge for the district of 
     Oregon; and
       (14) 1 additional district judge for the district of Utah.

     For each of the judicial districts named in this subsection, 
     the first vacancy arising on the district court 10 years or 
     more after a judge is first confirmed to fill the temporary 
     district judgeship created in that district by this 
     subsection shall not be filled.
       (c) Existing Judgeships.--
       (1) The existing judgeships for the district of Hawaii, the 
     district of Kansas, and the eastern district of Missouri 
     authorized by section 203(c) of the Judicial Improvements Act 
     of 1990 (Public Law 101-650; 104 Stat. 5089) as amended by 
     Public Law 105-53, and the existing judgeships for the 
     district of Arizona and the district of New Mexico authorized 
     by section 312(c) of the 21st Century Department of Justice 
     Appropriations Authorization Act (Public Law 107-273, 116 
     Stat. 1758), as of the effective date of this Act, shall be 
     authorized under section 133 of title 28, United States Code, 
     and the incumbents in those offices shall hold the office 
     under section 133 of title 28, United States Code, as amended 
     by this Act.
       (2) The existing judgeship for the northern district of 
     Ohio authorized by section 203(c) of the Judicial 
     Improvements Act of 1990 (Public Law 101-650, 104 Stat. 5089) 
     as amended by Public Law 105-53, as of the effective date of 
     this Act, shall be extended. The first vacancy in the office 
     of district judge in this district occurring 20 years or more 
     after the confirmation date of the judge named to fill the 
     temporary judgeship created by section 302(c) shall not be 
     filled.
       (d) Tables.--In order that the table contained in section 
     133 of title 28, United States Code, will, with respect to 
     each judicial district, reflect the changes in the total 
     number of permanent district judgeships authorized as a 
     result of subsections (a) and (c) of this section, such table 
     is amended to read as follows:


 
                         ``Districts                             Judges
 
Alabama:
  Northern...................................................          7
  Middle.....................................................          3
  Southern...................................................          3
Alaska.......................................................          3
Arizona......................................................         17
Arkansas:
  Eastern....................................................          5
  Western....................................................          3
California:
  Northern...................................................         16
  Eastern....................................................         10
  Central....................................................         31
  Southern...................................................         13
Colorado.....................................................          8
Connecticut..................................................          8
Delaware.....................................................          4
District of Columbia.........................................         15
Florida:
  Northern...................................................          4
  Middle.....................................................         19
  Southern...................................................         19
Georgia:
  Northern...................................................         11
  Middle.....................................................          4
  Southern...................................................          3
Hawaii.......................................................          4
Idaho........................................................          2
Illinois:
  Northern...................................................         22
  Central....................................................          4
  Southern...................................................          4
Indiana:
  Northern...................................................          5
  Southern...................................................          6
Iowa:
  Northern...................................................          2
  Southern...................................................          3
Kansas.......................................................          6
Kentucky:
  Eastern....................................................          5
  Western....................................................          4
  Eastern and Western........................................          1
Louisiana:
  Eastern....................................................         12
  Middle.....................................................          3
  Western....................................................          7
Maine........................................................          3
Maryland.....................................................         10
Massachusetts................................................         13
Michigan:
  Eastern....................................................         15
  Western....................................................          4
Minnesota....................................................          8
Mississippi:
  Northern...................................................          3

[[Page S2155]]

 
  Southern...................................................          6
Missouri:
  Eastern....................................................          7
  Western....................................................          6
  Eastern and Western........................................          2
Montana......................................................          3
Nebraska.....................................................          4
Nevada.......................................................          7
New Hampshire................................................          3
New Jersey...................................................         17
New Mexico...................................................          8
New York:
  Northern...................................................          5
  Southern...................................................         28
  Eastern....................................................         18
  Western....................................................          5
North Carolina:
  Eastern....................................................          4
  Middle.....................................................          4
  Western....................................................          4
North Dakota.................................................          2
Ohio:
  Northern...................................................         11
  Southern...................................................          8
Oklahoma:
  Northern...................................................          3
  Eastern....................................................          1
  Western....................................................          6
  Northern, Eastern, and Western.............................          1
Oregon.......................................................          7
Pennsylvania:
  Eastern....................................................         22
  Middle.....................................................          6
  Western....................................................         10
Puerto Rico..................................................          7
Rhode Island.................................................          3
South Carolina...............................................         11
South Dakota.................................................          3
Tennessee:
  Eastern....................................................          5
  Middle.....................................................          4
  Western....................................................          5
Texas:
  Northern...................................................         12
  Southern...................................................         21
  Eastern....................................................          8
  Western....................................................         14
Utah.........................................................          5
Vermont......................................................          2
Virginia:
  Eastern....................................................         12
  Western....................................................          4
Washington:
  Eastern....................................................          4
  Western....................................................          8
West Virginia:
  Northern...................................................          3
  Southern...................................................          5
Wisconsin:
  Eastern....................................................          5
  Western....................................................          2
Wyoming......................................................      3.''.
 

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out the provisions of this Act, including 
     such sums as may be necessary to provide appropriate space 
     and facilities for the judicial positions created by this 
     Act.

     SEC. 5. EFFECTIVE DATE.

       (a) In General.--This Act (including the amendments made by 
     this Act) shall take effect on January 21, 2009.
       (b) Coordination Rule.--The amendments made by this Act 
     shall take effect after the amendment made by section 
     509(a)(2) of the Court Security Improvement Act of 2007 
     (Public Law 110-177; 121 Stat 2543).

  MR. HATCH. Mr. President, Americans are blessed to have the best and 
most independent judicial system in the world. In our constitutional 
framework, Congress has responsibility to both make the laws and ensure 
that the judiciary tasked with interpreting and applying those laws has 
the appropriate resources. This includes addressing the staffing and 
compensation needs of the judicial branch, and we should strive to do 
so without political gambles or speculation about the outcome of a 
Presidential election.
  For that reason, when I chaired the Judiciary Committee I sponsored 
and cosponsored judgeship bills in 2000 when Bill Clinton was President 
and in the 108th Congress under the current President. And that is why 
I am cosponsoring this bill with Senator Leahy, the current Judiciary 
Committee, chairman. It is based on the judicial conference's 
assessment of their needs, not on backroom political deals, and it 
reflects the changes to the allocation of appeals court seats made in 
S. 378, the Court Security Improvement Act, which I also cosponsored.
                                 ______