Bill to Expand Federal Judgeships Advances
Federal courts are struggling under a mounting case load, particularly at the district level.
Now legislation that would add 66 additional judgeships at federal trial courts, unanimously passed the Senate Judiciary Committee. If the legislation passes the full Senate and the House, it would be the first time Congress has created new judgeships in over two decades and the first comprehensive authorization of new judges since 1990.
“There are a lot more people today than 1990. I’m glad we’re making progress,” said Senator Lindsey Graham (R-SC).
JUDGES Act
The Judicial Understaffing Delays Getting Emergencies Solved Act of 2024 (JUDGES Act) (S. 4199) adds 63 additional permanent judgeships to federal district courts. It would also add three temporary positions on federal courts in Oklahoma that can be renewed as needed. The new judges would be added to 25 districts in 13 states that are particularly overworked and buried under mounting caseloads.
The goal is to not give one party an advantage, so the judgeships would be added in six rounds through 2035, giving the next three presidential administrations the opportunity to fill them.
The legislation is hailed as an example of rare bipartisan cooperation these days.
"This isn't a red state issue or a blue state issue, it's an access to justice issue," said lead sponsor Senator Chris Coons (D-DE).
“Too many Americans are being denied access to our justice system due to an overload of cases and a shortage of judges,” said the other lead sponsor, Senator Todd Young (R-IN). “Our bipartisan bill will help address this shortage and ensure all Americans have the opportunity to have their day in court.”
While the initial bill followed findings by the 2023 Judicial Conference of the United States report, which recommended the judgeships be added in 2025 and 2029, Senators added an amendment that split the new judgeships into multiple tranches, which eased concerns from Senator Chuck Grassley (R-IA).
Senators must rush to pass the legislation as it’s unlikely to be viable after the November election due to knowing which party will control the White House.
A similar bill has been introduced in the House by Representative Darrell Issa (R-CA), a senior member of the House Judiciary Committee.
Judges Urge Attorneys to Step Up
Meanwhile, members of the federal judiciary are speaking out about safety, particularly during the nominating process.
At a Federalist Society Conference in Philadelphia, U.S. Court of Appeals for the Second Circuit Judge Richard Sullivan noted that nominees he’s spoken to have reported death threats, according to Bloomberg Law.
Judge Sullivan said it’s time for attorneys to “step up” to defend judicial nominees.
And Third Circuit Judge Cheryl Ann Krause noted that judicial nominees have been attacked for clients they’ve defended or cases they’ve taken on, often by members of Congress.
“Those kinds of remarks shouldn’t be left unchecked,” said Judge Krause.