Cars, Planes-and Video Cameras-Take Bankruptcy
Judges to Outlying Locations

Bankruptcy Judges and Travel In Montana, Bankruptcy Judge Ralph B. Kirscher travels to Billings, a 500-mile round trip from his official duty station in Butte. He also travels to Great Falls, a 176-mile round trip, and to Missoula, a 240-mile round trip. And, the judge is considering occasional future trips to Glendive, an 888-mile trip, and to Havre, a 534-mile trip.

In South Dakota, Judge Irvin N. Hoyt flies from his official duty station in Pierre to hold court each month in Sioux Falls, the bankruptcy court's main location, and in Aberdeen and Rapid City, where he uses U.S. district court facilities.

Such intensive travel schedules are not unusual for bankruptcy judges. They do it to give the parties in bankruptcy cases and their attorneys better access to the courts. Bankruptcy judges conduct hearings at 156 locations around the country, in addition to holding court in the 190 cities where federal bankruptcy courts have staffed offices.

According to information prepared by the Administrative Office of the U.S. Courts, bankruptcy judges in 60 districts travel to unstaffed locations to hold court. In 37 districts, bankruptcy judges travel to one or two outlying locations, many of which are smaller cities or towns. In another 23 bankruptcy courts, judges hold hearings at three or more such remote locations.

Bankruptcy judges' travel schedules vary widely. Some judges help in other districts, others travel to hold court at other staffed and unstaffed locations within their district, and some judges only conduct hearings at their official duty stations because of a heavy caseload or other considerations.

The court schedules at unstaffed locations vary, too. Because of low caseloads or the availability of hearings in other nearby cities, bankruptcy judges hold court only sporadically at locations such as Nome, Alaska; Elkins, West Virginia; and Muskogee, Oklahoma. However, they travel on a weekly basis to other outlying sites, such as Springfield, Massachusetts; Danville, Virginia; Wheaton, Illinois; and Gadsden, Alabama, where there is more demand for hearings.

The distances to the outlying locations also vary. Some judges travel hundreds of miles while others can drive to a hearing at an outlying location in an hour.

For example, North Carolina-Middle Bankruptcy Judges William L. Stocks, Catharine R. Carruthers, and James B. Wolfe drive the 54 miles from Greensboro, or the 79 miles from Winston Salem, to hold court in Durham at least five times a month. In Massachusetts, Judge Henry J. Boroff drives the 51 miles from Worcester to Springfield, where he holds court several days a week.

Now, technology brings other ways for judges to handle caseloads in these outlying places. Videoconferencing is being used increasingly by bankruptcy courts to reduce travel for judges, to save travel time for the parties and counsel from those areas, and to permit the courts to hear time-sensitive matters without waiting for the next scheduled trip.

Technology also is changing another aspect of how judges hold court at distant locations. As court staff implement use of the Judiciary's new Case Management/Electronic Case Files (CM/ECF) system, they no longer will have to gather paper case files for hearings, carry the files to the hearing, and return them to the file room at the courthouse afterwards. The electronic dockets and case papers for the cases on for hearing can be loaded on a laptop or the judge can access the files on the CM/ECF system as needed from the courtroom at the remote location, using the Internet or the Judiciary's Data Communications Network.

Places of holding court are fixed by the Judicial Conference, acting on the advice of the circuit judicial councils, the AO, and the bankruptcy courts involved. The chief considerations include the availability and cost to the government of appropriate court facilities, the distance between a judge's official duty station and the outlying location, and the travel requirements of the judges and litigants.

As of December 31, 2001, 310 of the 324 authorized bankruptcy judgeship positions were filled and approximately 30 retired judges were helping meet the bankruptcy courts' rising caseload, including travel to these outlying locations. Congress last created new bankruptcy judgeships in 1992. Since then, the number of bankruptcy petitions has increased by nearly 500,000.

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