The United States Judicial Conference has recommended to Congress the creation of two permanent judgeships within the 9th U.S. Circuit Court of Appeals in San Francisco and dozens of new judgeships at the district court level. The policymaking body for the federal court system is proposing 66 new permanent judgeships at the district court level, according to a press release on March 14, 2023. It also asks for the conversion of seven temporary district court judgeships to permanent status and the extension of two temporary district court judgeships for an additional five years.
The Central District of California would receive the newest judgeships under the Judicial Conference proposal, with nine new judgeships and converting one temporary judgeship to permanent status. The Western District of Texas and the Northern District of California would each receive six new judgeships, making them the districts with the second-highest number of judgeships.
In total, 30 federal court districts would receive new judgeships under the proposal. The Judicial Conference based its recommendation on a formal survey of workload, which took into account case filings and the time that district judges needed to resolve various matters.
The conference typically requires courts to have more than 430 weighted filings per judge to recommend additional judgeships. In the fiscal year 2022, weighted filings were higher than 500 per judgeship in 17 of the 30 courts where new judgeships are sought. In eight of those districts, weighted filings exceeded 600 per judgeship; in three, weighted filings were more than 700.
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According to Bloomberg Law, despite “regular requests” by the federal judiciary, Congress has not passed a comprehensive bill authorizing new judgeships for over 30 years. A failed bill introduced in 2021 would have created 77 new district court judgeships, with their effective dates split between 2025 and 2029, according to Law360.
The need for additional judgeships has been a pressing issue for many years. As caseloads continue to increase, the shortage of judges has caused significant delays in the resolution of cases, putting a strain on the judicial system and those seeking justice. In addition to increasing the number of judgeships, Congress could consider other measures to address the backlog of cases, such as increasing court funding or implementing alternative dispute resolution programs.
Creating new judgeships is necessary to ensure that the judicial system can continue to provide a timely and fair resolution of cases. The Judicial Conference’s proposal is a significant step in addressing the shortage of judges, but it will require the support of Congress to become a reality. With the backlog of cases growing, the need for action is urgent, and it is time for Congress to take meaningful steps to address the issue.
