[Congressional Record (Bound Edition), Volume 153 (2007), Part 23]
[Senate]
[Pages 32016-32017]
[From the U.S. Government Publishing Office, www.gpo.gov]




   CREATING AND EXTENDING CERTAIN TEMPORARY DISTRICT COURT JUDGESHIPS

  Mr. DORGAN. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 172, S. 1327.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1327) to create and extend certain temporary 
     district court judgeships.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. LEAHY. Mr. President, earlier this year I introduced a bipartisan 
measure to address the emerging staffing needs of the Federal 
Judiciary, our coequal branch of government. This bill responds to 
discrete situations in five States regarding temporary judgeships. In 
May, the Judiciary Committee voted unanimously to report this bill. It 
is now December. That is a delay of over 6 months. This sustained delay 
can be attributed to a ``hold'' by a single Republican Senator.
  I am glad that this hold has finally been lifted so that we can 
proceed. I am delighted that this bipartisan bill has finally been 
approved after such a needless delay. Had it been cleared for 
consideration earlier, the House could have acted before the 
Thanksgiving recess and the matter could be law. Instead, our proposal 
still needs to be considered by the House and presented to the 
President in order to take effect.
  In order to 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 who fill them are, in fact, appointed 
for life, like all Federal judges. The positions are temporary in the 
sense that when they 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. That was regrettable. One was in Nebraska and the other in 
California. That was unfortunate since they continue to have high case 
loads. This legislation restores the status quo in these busy districts 
by reauthorizing these two temporary judgeships. I know that Senators 
Feinstein, Boxer, Nelson and Hagel have been concerned about these 
caseloads, and thank them for working with me and for cosponsoring and 
supporting this bill to restore those judgeships.
  In addition, temporary judgeships in three other districts are close 
to expiration. Caseloads in Ohio, Hawaii and Kansas remain at a high 
level, and allowing their temporary judgeships to lapse would put a 
serious strain on courts in those jurisdictions. 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. 
Senator Brownback has expressed his concerns about this to me, as has 
Mr. Regula in the House. I thank Senators Inouye, Akaka, Roberts, 
Brownback, Voinovich and Brown for cosponsoring and supporting this 
bill to extend those judgeships.
  Next year, I will work with my colleagues on both sides of the aisle 
to address judgeship needs in a comprehensive way. Indeed, I have asked 
six Senators who are members of the Judiciary Committee, three 
Democratic Senators and three Republican Senators, to serve as a task 
force and report a proposal to Senator Specter and me before the end of 
the year. I have asked Senator Schumer and Senator Sessions to head 
this task force, and look forward to their report next month.
  The five districts affected by this bill, however, cannot wait until 
next year for action on this extension or their temporary judgeships 
may well expire in the interim. This legislation will act as a 
``patch,'' allowing these districts to effectively operate until we are 
able to determine what additional judgeships are needed throughout the 
Federal judiciary.
  The measure is supported by the Judicial Conference of the United 
States, and I thank my colleagues for moving this legislation.
  Mrs. FEINSTEIN. Mr. President, I rise today to welcome the passage of 
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. It will also 
reestablish a temporary judgeship in Nebraska and extend the terms of 
existing temporary judgeships in Hawaii, Kansas, and Ohio.
  The Eastern District of California had a temporary judgeship from 
1992 to 2004. At the end of that period, the caseload in the district 
was the second-highest in the Nation: 787 filings per judge. That was 
almost 50 percent more than the national average.
  Still, the temporary judgeship expired in the fall of 2004 as 
required by law. Since then 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 most recent statistics show that the Eastern District of 
California 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. Two of the court's 
senior judges still carry full

[[Page 32017]]

caseloads after taking senior status. Two other senior judges are also 
continuing to hear cases.
  In recent months, the caseload has become even more crushing with the 
departure of chief judge David Levi. He stepped down from the bench 
after 17 years of service to become the dean of the Duke University 
School of Law.
  It is clear that the Eastern District of California needs our help to 
ensure that cases continue to be handled with the care, attention, and 
promptness that are essential to the fair administration of justice. 
Reestablishing the expired temporary judgeship is one way to help.
  This bill is also a crucial first step toward getting California all 
of the judges it needs. According to the 2007 recommendations of the 
Judicial Conference of the United States, 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. By 
adding a temporary judgeship in the Eastern District, this bill will 
begin to meet that need.
  I am pleased to be a cosponsor of this bill and pleased that the 
Senate has passed it.
  Mr. DORGAN. Mr. President, I ask unanimous consent that the bill be 
read three times, passed, and the motion to reconsider be laid upon the 
table; that any statements relating to the bill be printed in the 
Record, without further intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 1327) was ordered to be engrossed for a third reading, 
was read the third time, and passed, 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.

                          ____________________