[Congressional Record Volume 157, Number 147 (Tuesday, October 4, 2011)]
[House]
[Pages H6517-H6518]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               TRIBUTE TO THE HONORABLE OLIVER W. WANGER

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
California (Mr. Costa) for 5 minutes.
  Mr. COSTA. Mr. Speaker, I rise this morning to honor and pay tribute 
to the outstanding service and dedication of the Honorable Judge Oliver 
W. Wanger on the occasion of his retirement last week from the United 
States District Court for the Eastern District of California.
  For the past 20 years, Judge Wanger has served the people of 
California admirably and courageously, maintaining a commitment to the 
justice and fairness of the law. Moreover, he is extremely 
knowledgeable and always attempted to balance the scales of justice 
when hearing cases in general, and specifically cases dealing with 
California's water and environmental issues.
  During his tenure, District Court Judge Wanger has developed a 
mastery of complex Federal and State water and endangered species laws, 
putting forth many substantial rulings of several hundreds of pages in 
length that required painstaking attention to detail. Some of the most 
noteworthy in recent years were his findings with respect to operations 
of the Central Valley project and the State water project that convey 
water supplies throughout California, including the San Joaquin Valley 
and southern California for urban use and for agricultural use.
  Were it not for Judge Wanger's attention to the letter of the law, 
farmers, farmer workers, and farm communities in the valley would have 
continued to suffer from job losses and uncertainty during the most 
recent drought period, while Federal agencies and this administration 
clung to flawed science and regulations that were destructive.
  Judge Wanger has worked tirelessly on these issues, often putting in 
75 to 80 hours a week. His retirement now leaves only two active judges 
in the already understaffed district court, which extends from the 
Oregon border to the Tehachapi Mountains south of Bakersfield. In a 
letter to Chief Judge Anthony Ishii regarding his coming retirement, 
Judge Wanger expressed grave concerns over the immense and unbearable 
workload that his departure will create. Let me read from his letter:
  The impacts on these judges is best understood by my last 5 years: 
161 jury trials to verdict; 5,465 courtroom hours; 3,554 terminal and 
civil cases; with an individual caseload approaching 1,200 cases in a 
5-year period.
  Judge Wanger also went on to say: Now who will handle these cases? 
Despite our pleas to and Congress' express recognition of the need, the 
continued refusal to create new desperately needed judgeships for the 
Eastern District of California has created a hardship for the Federal 
court. It has been more than 31 years since a new district judge 
position was created in Fresno, a division with over 2.5 million 
people. The

[[Page H6518]]

continued erosion of the Eastern District Court's ability to provide 
the public with a timely and effective Federal judicial service is a 
burden on our Nation, and the litigants should not suffer.
  What Judge Wanger pointed out is it's not only a disservice to the 
men and women who serve the court, but the individuals throughout the 
region and the businesses whose cases are delayed years in some cases. 
This surely was not what our Founding Fathers had in mind for our 
country when they ensured that all Americans have a right to a speedy 
trial. As we know, justice delayed can oftentimes be justice denied.
  Although the problem is not unique to the Eastern District of 
California, it is where the problem is most pronounced with by far the 
Nation's largest caseload per judge. Legislation has been introduced in 
the House and the Senate to create additional judgeships in district 
courts where the need is greatest. Unfortunately, it has not been acted 
on. It is past time for the Congress to act on these bills to ensure 
that all branches of government are, in fact, working for the American 
people.
  In closing, I want to publicly thank Judge Oliver Wanger for his 
service to our Nation.

                                     United States District Court,


                               Eastern District of California,

                              Fresno, California, August 31, 2011.

     Re Retirement from Judicial Service.

     Hon. Anthony W. Ishii,
     Chief Judge, U.S. District Court, Eastern District of 
         California, Fresno, CA.
       Dear Judge Ishii: It is with great regret that I will 
     retire as a District Judge effective October 1, 2011, under 
     the provisions of 28 U.S.C. Sec. 371(a) having attained the 
     age and met Sec. 371(c)'s requirements to receive the annuity 
     and benefits prescribed by law.
       I served more than 20 years--the last five as a senior 
     judge--and my intent was lifetime service. Obligations to my 
     family now transcend my ability to continue in the judiciary. 
     Necessity compels re-entry to the private sector.
       I recognize that my departure will leave only two active 
     judges in our already understaffed EDCA judiciary. My 
     foremost concerns are for my fellow judges who labor under 
     such formidable and unmanageable workloads and the public who 
     need our court.
       The impact on these judges is best understood by my latest 
     five year case statistics: 161 jury trials to verdict (32 per 
     year); 5,465 courtroom hours (1,093 per year); and 3,554 
     terminated criminal and civil cases (711 per year); with an 
     individual caseload approximating 1,200 cases. Included are 
     many complex water and environmental lawsuits affecting 
     endangered species and California's water supply.
       Who will now handle these cases?
       Despite our pleas to and Congress' express recognition of 
     the need, the continued refusal to create new desperately 
     needed judgeships for BDCA has created a hardship for all who 
     depend on the Federal court. It has been more than 31 years 
     since a new district judge position has been created in 
     Fresno, a division with over 2.5 million people. The 
     continued erosion of BDCA's ability to provide the public 
     with timely and effective federal judicial service is a 
     burden our nation and litigants should not suffer.
       My best wishes for the future and thanks to you and all our 
     judges and loyal court staff members who do such outstanding 
     work.
           Sincerely,
                                                 Oliver W. Wanger,
     United States District Judge.

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