[Congressional Record Volume 155, Number 125 (Tuesday, September 8, 2009)]
[Senate]
[Pages S9137-S9140]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mrs. Feinstein, Mr. Schumer, Mr. 
        Whitehouse, Ms. Klobuchar, Mr. Kaufman, Mr. Franken, Mr. 
        Harkin, Mr. Bingaman, Mrs. Murray, Mr. Brown, Mr. Bayh, Mr. 
        Bennet, Mrs. Boxer, Mrs. Shaheen, Mr. Inouye, Mr. Kerry, and 
        Mr. Akaka):
  S. 1653. 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 am reintroducing a comprehensive 
bill to address the resource needs of the Federal judiciary by 
authorizing additional courts of appeals and district court judgeships. 
This good government bill will improve the effectiveness of our Federal 
courts and provide Federal judges with the tools to promptly render the 
justice that Americans so desperately need.
  The Federal Judgeship Act of 2009 establishes 12 new judgeships in 
six courts of appeals and 51 new judgeships in 25 district courts 
across the country. The legislation I introduce today is based on the 
recommendations of the Judicial Conference of the United States, which 
identified the judiciary's resource needs during the completion of its 
biennial survey in March.
  Last Congress, I joined Senator Hatch and 20 other Senators from both 
sides of the aisle to introduce this legislation. A bipartisan majority 
of the Judiciary Committee voted to report the bill to the Senate last 
year. Unfortunately, the Senate did not act on the bill before the end 
of the last Congress.
  We used to consider judgeship bills at six year intervals. It has 
been 19 years since the last comprehensive judgeship bill was enacted 
to address the growth in the workload of the Federal judiciary. That 
legislation established 11 additional circuit court judgeships, as well 
as 61 permanent and 13 temporary district court judgeships. Since 1990, 
case filings in the Federal appellate courts have increased by 42 
percent, and case filings in the district courts have risen by 34 
percent. Congress has authorized only a few additional district court 
judgeships and extended a few temporary judgeships. We should pass a 
comprehensive judgeship bill in this Congress that will ease the strain 
of heavy caseloads that has burdened the courts and thwarted the 
administration of justice.
  Last year, the weighted number of filings in district courts, which 
takes into account an assessment of case complexity, was 472 per 
judgeship. This figure is well above the Judicial Conference's standard 
of 430 weighted filings per district court judgeship. In the 25 
district courts that would receive additional judgeships under this 
bill, the weighted filings averaged 573 per judgeship, and 10 courts 
had caseloads near or above 600 weighted filings per judgeship. Today, 
the national average circuit court caseload per three judge panel has 
reached 1,104 filings. That statistic approaches the record number of 
1,230 cases recorded in 2005 and far exceeds the 773 average circuit 
court caseload filings recorded in 1991.
  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. To address the 
excessive caseloads that burden Federal courts, the Federal Judgeship 
Act of 2009 would add nine permanent circuit court judgeships, 38 
permanent district court judgeships, and convert five existing 
temporary judgeships into permanent positions. These additional 
judgeships would help to alleviate the significant increase in 
caseloads that the Federal courts have seen over the nearly two decades 
since the last comprehensive judgeship bill was enacted.
  The bill would also add 13 temporary district court judgeships, three 
temporary circuit court judgeships, and would extend one existing 
temporary district court judgeship. These additional temporary 
judgeships will allow Congress some flexibility with regard to future 
judgeship needs. If caseloads continue to increase, Congress has the 
option to introduce legislation making permanent or renewing these 
temporary judgeships. If those caseloads do not increase, when the next 
judge in that circuit or district retires they will not be replaced.
  After years of debate and Federal courts struggling to adjudicate 
cases despite the overwhelming burden of heavy caseloads, the time to 
enact a comprehensive Federal judgeship bill is long overdue.
  The ability of Federal courts to effectively administer justice will 
continue to be challenged unless adequate resources are provided. The 
Federal Judgeship Act of 2009 responds to the increasing workload of 
the Federal judiciary, and it is long overdue. I thank Senators 
Feinstein, Schumer, Whitehouse, Klobuchar, Kaufman,

[[Page S9138]]

Franken, Harkin, Bingaman, Murray, Brown, Bayh, Bennet, Boxer, Shaheen, 
Inouye, Akaka, and Kerry for their support. I urge Senators on both 
sides of the aisle to give this legislation their serious consideration 
and support.
  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. 1653

       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 
     2009''.

     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) 1 additional circuit judge for the third circuit court 
     of appeals;

       (4) 1 additional circuit judge for the sixth circuit court 
     of appeals; and
       (5) 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--
       (1) 1 additional circuit judge for the third circuit court 
     of appeals;
       (2) 1 additional circuit judge for the eighth circuit court 
     of appeals; and
       (3) 1 additional circuit judge for the ninth circuit court 
     of appeals.

     For each of the judicial circuits named in this subsection, 
     the first vacancy arising on the circuit court 10 years or 
     more after a judge is first confirmed to fill the temporary 
     circuit judgeship created in that circuit 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......................................................           15
Fourth.....................................................           15
Fifth......................................................           17
Sixth......................................................           17
Seventh....................................................           11
Eighth.....................................................           11
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) 1 additional district judge for the district of 
     Arizona;
       (2) 4 additional district judges for the northern district 
     of California;
       (3) 4 additional district judges for the eastern district 
     of California;
       (4) 4 additional district judges for the central 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) 3 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 district of New 
     Jersey;
       (11) 1 additional district judge for the district of New 
     Mexico;
       (12) 1 additional district judge for the southern district 
     of New York;
       (13) 1 additional district judge 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) 4 additional district judges for the western district 
     of Texas; and
       (20) 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 northern district 
     of California;
       (4) 1 additional district judge for the eastern district of 
     California;
       (5) 1 additional district judge for the central district of 
     California;
       (6) 1 additional district judge for the middle district of 
     Florida;
       (7) 1 additional district judge for the district of Idaho;
       (8) 1 additional district judge for the northern district 
     of Iowa;
       (9) 1 additional district judge for the district of 
     Minnesota;
       (10) 1 additional district judge for the district of 
     Nebraska;
       (11) 1 additional district judge for the southern district 
     of New York;
       (12) 1 additional district judge for the eastern district 
     of New York; and
       (13) 1 additional district judge for the eastern district 
     of Virginia.

     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 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 111-8 (relating to 
     the district of Kansas) and Public Law 109-115 (relating to 
     the eastern district of Missouri), and the existing 
     judgeships for the district of Arizona, the district of New 
     Mexico, and the eastern district of Texas 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 111-8, as of the effective date of 
     this Act, shall be extended. The first vacancy in the office 
     of district judge in this district occurring 23 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........................................................      14
Arkansas:
  Eastern......................................................       5
  Western......................................................       3
California:
  Northern.....................................................      18
  Eastern......................................................      10
  Central......................................................      31
  Southern.....................................................      13
Colorado.......................................................       8
Connecticut....................................................       8
Delaware.......................................................       4
District of Columbia...........................................      15
Florida:
  Northern.....................................................       4
  Middle.......................................................      19
  Southern.....................................................      20
Georgia:
  Northern.....................................................      11
  Middle.......................................................       4
  Southern.....................................................       3
Hawaii.........................................................       3
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
  Southern.....................................................       6
Missouri:
  Eastern......................................................       7
  Western......................................................       5
  Eastern and Western..........................................       2
Montana........................................................       3
Nebraska.......................................................       3
Nevada.........................................................       7

[[Page S9139]]

 
New Hampshire..................................................       3
New Jersey.....................................................      18
New Mexico.....................................................       8
New York:
  Northern.....................................................       5
  Southern.....................................................      29
  Eastern......................................................      16
  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......................................................       9
  Western......................................................      17
Utah...........................................................       5
Vermont........................................................       2
Virginia:
  Eastern......................................................      11
  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.

       This Act (including the amendments made by this Act) shall 
     take effect on the date of enactment of this Act.

  Mrs. FEINSTEIN. Mr. President, I rise to state my strong support for 
the Federal Judgeship Act of 2009.
  I am an original cosponsor of this bill, and I think it is a critical 
bill for good government.
  The bill would create new judgeships in circuit and district courts 
where they are badly needed.
  In the U.S. Courts of Appeals, it would create 9 new permanent and 3 
new temporary judgeships.
  In the U.S. District Courts, it would create 38 new permanent and 13 
new temporary judgeships.
  When caseloads get too heavy, the quality of justice in our Nation 
suffers.
  Victims of crime are forced to endure long periods of waiting for 
justice to be done. Citizens are unable to resolve their civil disputes 
promptly; plaintiffs face long delays in getting damages or restitution 
for harms they have suffered. Morale plummets for judges and other 
court staff.
  I have seen this in my own state, where judges in three of the four 
Federal districts are overwhelmed with case filings.
  Let me tell you about one district in particular.
  In the Eastern District of California, each Federal judge carried a 
caseload last year of over 1,000 weighted filings.
  The Judicial Conference of the U.S. recommends that Congress create a 
new judgeship anytime a district reaches a caseload of 430 cases per 
judge. But in the Eastern District, the number exceeds 1,000.
  The situation has become so dire that the U.S. Court of Appeals for 
the Ninth Circuit has stepped in. Last summer, the Chief Judge of the 
Ninth Circuit sent a letter asking every judge in the Circuit to 
volunteer to hear approximately 25 cases from the Eastern District to 
try to get the caseload down.
  The court has literally brought in Federal judges from all over the 
country to help deal with the crushing workload. District judges from 
Alaska, Alabama, and Washington State, as well as from Los Angeles and 
Oakland, handled hundreds of cases in Sacramento and Fresno last year. 
A senior Ninth Circuit judge from Los Angeles handled hundreds more.
  The help is welcome but it is not nearly enough. You see, the problem 
in the Eastern District is not a temporary one.
  The Eastern District is home to Sacramento, Fresno, and the Central 
Valley. In 2008, the District included 18 of California's 25 fastest 
growing counties.
  The District is also home to 19 of California's State and Federal 
prisons and to 100,000 of the State's 167,000 prisoners. Since Congress 
last created a new permanent judgeship in the District in 1978, 
prisoner filings have skyrocketed 700 percent.
  The result is that the judges are severely overworked and justice for 
everyone is delayed. Civil litigants in the District are facing delays 
of approximately 42 months--that's 3-and-a-half years--from filing to 
verdict.
  The situation, put simply, is unacceptable.
  In 1992, Congress did authorize a 10 year temporary judgeship for the 
District, but that judgeship expired and despite repeated efforts by 
Chairman Leahy, Senator Boxer, and myself, it has not been renewed.
  In the meantime, for the last 12 years, every time the Judicial 
Conference has surveyed the U.S. Courts it has said that the Eastern 
District needs more judges, but new judgeships have not been created.
  The Federal Judgeship Act of 2009 that Chairman Leahy has introduced 
today would finally provide a solution. It would authorize four new 
permanent judgeships and one new temporary judgeship in the Eastern 
District.
  This would almost double the number of judges in the District by 
changing from 6 to 11 judges and would substantially reduce the 
caseload and delays.
  This is a necessary solution to a real problem.
  But the Eastern District is only one example. There are plenty of 
others. As I said, the Judicial Conference recommends that Congress 
create a new judgeship whenever there are 430 weighted filings per U.S. 
District Judge. But according to the 2009 survey of the courts, in the 
Northern District of California, the judges are handling 624 weighted 
filings per judge; in the Central District of California, it is 551 per 
judge; in the Middle District of Florida, it is 569 per judge; in the 
Southern District of Florida, it is 549 per judge; in the Southern 
District of Indiana, it is 594 per judge; in the District of Minnesota, 
it is 743 per judge; in the Eastern District of Texas, it is 674 per 
judge; in the Southern District of Texas, it is 543 per judge; and in 
the Western District of Texas, it is 650 per judge.
  So this is a problem in courts across the country; and it is up to 
Congress to craft a solution.
  The last time Congress passed a comprehensive bill to create new 
judgeships was in 1990. Since that time, case filings across the 
country in the federal appeals courts have increased by approximately 
45 percent, and filings in the district courts have increased by 27 
percent.
  The current situation in the courts is not sustainable.
  Neither the Eastern District of California nor any other Court should 
be forced to rely on temporary visits from colleagues who generously 
offer their help. Districts should have enough judges to handle their 
caseloads on their own.
  This Federal Judgeship Act of 2009 is based on recommendations made 
by the Judicial Conference after an extensive review of case filings 
and caseload trends in every federal circuit and district court across 
the country.
  It is time for Congress to act and give the federal courts the 
resources they need to ensure a fail and timely trial for every civil 
and criminal litigant.
  I strongly urge my colleagues to support this bill.

[[Page S9140]]



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